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HomeMy WebLinkAboutMINUTES - 02072006 - C.16 (2) TO: BOARD OF SUPERVISORS sE_c Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: February 7, 2006 'Y'' County ST'4 co SUBJECT: ADOPT Resolution approving the conveyance of an easement across the Iron Horse Corridor (IHC), between Montevideo Drive and Pine Valley Road, to the San Ramon Valley Unified School District (SRVUSD) for Pacific Gas & Electric Company (PG&E) to install a service line to California High School. [CP#05-50] San Ramon area. District III. Project No. 0678-6G5575 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. DETERMINE that the activity is exempt from the requirements of the California Environmental Quality Act (CEQA)pursuant to Article 5, Section 15061(b) (3) of the CEQA Guidelines. B. DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. C. DIRECT the Public Works Director to arrange for payment of a $25 fee to Community Development for processing and a $25 fee to the County Clerk for filing the Notice of Exemption. D. ADOPT Resolution approving the conveyance of said easement to the SRVUSD, pursuant to Government Code Section 25526.6. E. AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of Easement on behalf of Contra Costa County. F. DIRECT the Real Property Division to ca saidement to be delivered to grantee. Continued on Attachment: X SIGNATURE: _✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,iOPROVE OTHER SIGNATURE(S) ' ACTION OFA N YON . 07 gZAV OPPROVED AS RECOMMENDED OTHER 710F COMMISSIONERS UNANIMOUS(ABSENT Dne/ ) AYES: NOES: ABSENT: ABSTAIN: CP:eh I hereby certify that this is a true and correct G:\GipData\RealProp\2006-Files\BOs&Res 06\BO SRVUSD.doc copy of an action taken and entered on the Orig.Div:Public Works(R/P) minutes of the Redevelopment Agency on the Contact: C.Peccianti (313-2222) date shown. cc: Public Works Accounting Public Works Records ATTESTED: w YaAWD Q400p- 1'.Torres,Environmental Services JOHN SWEETE I,Agency"Sfcretarly Grantee(via R/P) - Recorder(via R/I') By , Deputy Community Development Dept. I.Bergeron,Computers Services SUBJECT: ADOPT Resolution approving the conveyance of an easement across the Iron Horse Corridor (IHC), between Montevideo Drive and Pine Valley Road, to the San Ramon Valley Unified School District (SRVUSD) for Pacific Gas & Electric Company (PG&E) to install a service line to California High School. [CP#05-50] San Ramon area. District III. DATE: February 7,2006 PAGE: 2 Fiscal Impact: In consideration for the conveyance of the Grant of Easement to the SRVUSD, the County has received payment in the amount of$2,735.00 for the easement rights. This revenue will be deposited into the SPRW Trust Fund, (Fund # 138800). Reasons for Recommendations and Background: The SRVUSD is expanding California High School and PG&E asked them to provide an alternate power service line because the current line cannot accommodate additional electric loads. The school is on the west side of the IHC and PG&E power source is on the east side of the IHC. The SRVUSD requires from the County an aerial easement across the IHC to switch to the new electric power line. Consequences of Negative Action: The SRVUSD will not be able to have electric power for the California High School new facilities, if the County does not convey the easement rights to them. THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 7, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None _ - - - — RESOLUTION NO.2006/–" Government Code § 25526.6 SUBJECT: ADOPT Resolution No. 2006 approving the conveyance of an easement across the Iron Horse Corridor (IHC), between Montevideo Drive and Pine Valley Road, to the San Ramon Valley Unified School District (SRVUSD) for Pacific Gas & Electric Company (PG&E) to install a service line to California High School. [CP#05-50] San Ramon Area. District III. Project No. 0678-6G5575 The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board hereby DETERMINES that the activity is exempt from the requirements of the California Environmental Quality Act(CEQA)pursuant to Article 5, Section 15061(b) (3) of the CEQA Guidelines. Pursuant to Section 65402 of the Government Code this project is exempt from General Plan Conformance. The Board DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk, and DIRECTS the Public Works Director to arrange for payment of a $25 fee to Community Development for processing, and a$25 fee to the County Clerk for filing the Notice of Exemption. The County acquired certain real property by Grant Deed on December 31, 1986 in Book 13358 at Page 487, Parcel 57,in the San Ramon area,for public transit and utility purposes,and the SRVUSD has requested an easement over a portion of said property,for PG&E to install a service line to California High School for their expansion of the school. PG&E requested the SRVUSD to switch all their electric power service to this line because the existing power source cannot accommodate additional electric loads. This Board FINDS that the conveyance of such an easement is in the public interest and will not substantially conflict or interfere with the County's use of the property. The Board hereby APPROVES and AUTHORIZES the conveyance of the easement to the SRVUSD as shown on Exhibit "A", attached hereto, pursuant to Government Code Section 25526.6, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute a Grant of Easement on behalf of Contra Costa County in consideration for the payment received in full in the amount of$2,735. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee for recording. G:\GipData\RealProp\2006-Files\BOs&Res 06\BR27 SRWSD.doc Orig.Dept.: Public Works(R/P) Contact: Carla Peccianti(313-2222) 1 hereby certify that this is a true and correct cc: Public Works Accounting copy of an action taken and entered on the Public Works Records minutes of the Board of Supervisors on the Environmental-T.Torres date shown. Grantee(via R/P) Recorder(via R/P) ATTESTED: �� Community Development Dept. JOHN SWEETEN, Clerk oft oard o I.Bergeron,Computer Services Supervisors and County Administrator By �� Deputy RESOLUTION NO. 2006/-%-:6-4f DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 4500-6X5575 CP NO.: 05-50 ACTIVITY NAME: San Ramon Valley Unified School District / Iron Horse Trail Corridor — Grant Easement DATE: December 27, 2005 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists of Contra Costa County(County)granting an aerial easement(approximately 10 ft. wide by 100 ft. long) across a portion the Iron Horse Trail Corridor(IHC) to the San Ramon School Unified District (District) for Pacific Gas & Electric (PG&E) to provide a service line to California High School. PG&E requested the District to switch all its electric power service to this line because the existing power source cannot accommodate additional electrical loads. The IHC is located on the eastside of California High School between Montevideo Drive and Pine Valley Road, in the City of San Ramon (Fig. 2). The District will be responsible for the easement. General Plan Conformance will be obtained from the City of San Ramon. LOCATION: The activity is located in south Contra Costa County in the city of San Ramon (Figures 1 — 2). REVIEWED BY: , DATE: Leigh Chavez Planner III APPROVED BY: DATE: Community Development Representative G:\GrpData\EngSvc\ENVIRO\RealProp\San Ramon Valley SchDist Easement\CEQA\DetExempt(DE).doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2176 Contact Person: Trina Torres - Public Works Dept. Project Description, Common Name (if any) and Location: San Ramon Valley Unified School District/ Iron Horse Trail Corridor— Grant Easement, County File CP#05-50. Project Description: The activity consists of Contra Costa County (County) granting an aerial easement (approximately 10 ft. wide by 100 ft. long) across a portion the Iron Horse Trail Corridor (IHC)to the San Ramon School Unified District (District) for Pacific Gas & Electric (PG&E) to provide.a service line to California High School. PG&E requested the District to switch all its electric power service to this line because the existing power source cannot accommodate additional electrical loads. The IHC is located on the eastside of California High School between Montevideo Drive and Pine Valley Road, in the City of San Ramon. The District will be responsible for the easement. General Plan Conformance will be obtained from the City of San Ramon. This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section — Declared Emergency(Sec. 15269(a)) ✓ General Rule of Applicability[Section 15061(b)(3)] Emergency Project(Sec. 15269(b) or(c)) Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due 0:\GmData\EnL,Svc\ENV1RO\RealProp\San Ramon Valley SchDist Easement\CEQA\NOE.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0.095 Telephone: (925) 313-2176 contact Person: Trina Torres - Public Works Dept. Project Description, Common Name (if any) and Location: San Ramon Valley Unified School District / Iron Horse Trail Corridor— Grant Easement, County File CP#05-50. Project Description: The activity consists of Contra Costa County (County) granting an aerial easement (approximately 10 ft. wide by 100 ft. long) across a portion the Iron Horse Trail Corridor (IHC) to the San Ramon School Unified District (District) for Pacific Gas & Electric (PG&E) to provide a service line to California High School. PG&E requested the District to switch all its electric power service to this line because the existing power source cannot accommodate additional electrical loads. The IHC is located on the eastside of California High School between Montevideo Drive and Pine Valley Road, in the City of San Ramon. The District will be responsible for the easement. General Plan Conformance will be obtained from the City of San Ramon. This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergency (Sec. 15269(a)) ✓ General Rule of Applicability[Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date:. By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. 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Y'�j'�t.:,�y�rrt 3,1�c..' z't : ,�;tr•�`r. �'•5�ae�y:�I�'h� TSpwt' '". unl�y t. ^�} �� � ss c. k' tl' � r r a�;T`2it' � �•:.'.�F"I.±�nX'�yr+`',E�"�`st`.� �k'}h�' e,.�1 ,5� ar,'tt'i��"a�K��J, , 9j � �, r st t {. „•F,,,,�. rh r YJ:: 4 t,rfA n .l I 1.}'�h i ,��.C.a » -. re�'w�,�. r , f I - t S Q ._, t r � ,, �:,LS J �. .y=<ki q �a mss',^z.F' •-eh C'1:. Cg e'�{•.-��•J����s'_ '� �d VSs `3 k•)���1 ; x„''. L,� ws x' to r-::i ,-� ;�61c a t S: �."` i i t ,xs,yr _'S.,s• .s, fifcl•, I y k �f• es -•.,,,'' ,• ` + tr'Lc � s a-: - t 9 Oy37�4�'E�a"� � t w �.3 ,> , �.`. x E I't � Y di 0./?-J�� •'kick ,�',� � r ',h 'h ✓ 3 t , : - .r EXHIBIT "A" 32-338 Rev. 5/85 light,of Nay MOP ��cit.• a� P� s �4 P,IAN l• � T1E: S.370 45'559W. 324.54' a. ��s� o �� = tido � �s0 �d0, OCL 5.61°10'48"W-50'+/- . S.61°10'46°W. 50'+/- s v NN LEGEND CENTERUNE OF 10 FOOT WIDE STRIP OVERHANG EASEMENT FOUND MONUMENT i 0 = EXISTING POLE \ X = NEW POLE CITI',RgNCHa,SU M51DN, DATE OVERHANG EASEMENT., SAN RAMON = 6D' 09/09/05 SECTION TDWPISHIP RANGE I MEWDIAN 23 2S 1W MDB&M SE4 OF THE NW4• CNG DATE DESCRIPTION ALrM 6Y CH o sy- JAB CKM GPY 7408 REFERENCES P G&E. . ;� . Recorded at the request of. San Ramon Valley Unified School Dist. After recording return to: San Ramon Valley Unified School Dist. 699 Old Orchard Drive Danville, CA 94526 Attention: Tina Peralut, Facilities Manager Iron Horse Corridor Portion of Parcel 65 GRANT OF EASEMENT For good and valuable consideration, including but not limited to the agreements contained herein, the receipt and sufficiency of which are hereby acknowledged,CONTRA COSTA COUNTY,apolitical subdivision of the State of California, hereinafter called County, hereby grants to San Ramon Valley Unified School District, a political subdivision of the State of California,hereinafter called Grantee,a aerial easement for an electric service line across the Iron Horse Corridor(IHC)all necessary appurtenances thereto,and for no other purposes whatsoever,along and in all of the hereinafter described parcel of land situated in the City of San Ramon,County of Contra Costa, State of California, as shown on Exhibit"A," attached hereto and made a part hereof. The foregoing grant is made subject to the following terms and conditions: 1. County owns fee title absolute to a strip of land of varying width that runs from Mayette Avenue in the City of Concord to the City of San Ramon,Contra Costa County. Said strip of land is more commonly known as the Iron Horse Corridor("IHC"). The property subject to this easement(hereinafter the"Property")is located with in the IHC. Underground utility facilities are already in place and it is anticipated that, in the future, a mass transportation system and additional utility facilities will be constructed or installed on the Property. Grantee acknowledges that the use just described constitutes the primary use of the Property and that any and all rights granted or implied by this grant of easement are secondary and subordinate to the County's primary use of the Property by County,its successors and assigns. The Grantee shall not obstruct the easement area. The Grantee shall not use or permit use of the Property for any purpose other than those granted by this agreement. 2. Grantee hereby acknowledges County's title to the IHC,including the Property,and agrees never to assail or resist said title. 3. Grantee shall, prior to any construction, installation, reconstruction, remodeling, repair, removal or other work within the Property, submit specific plans and specifications to County for review and approval. Such approval, together with any additional requirements to be in the form of a written permit issued by the County to Grantee. The terms of such permit shall not be inconsistent with this grant of easement. 4. County reserves the right to require Grantee to modify its facilities, to relocate said facilities within the Property boundaries or, at County's sole discretion, to remove its facilities from the Property at Grantee's sole expense. In the event that Grantee fails to commence the required work within thirty (30) days after being directed to do so by County, or such reasonable time thereafter as County may agree to in writing,or fails to complete the required work within a reasonable time thereafter,County may perform or complete the work at the sole expense of Grantee,which expense Grantee agrees to pay to County promptly upon demand, 1 G:\GrpData\P,ealProp\2005-Files\05-10\SRVUSD Grant of Easement.doc 10/10/05 including but not limited to engineering costs and any legal expenses incurred to collect such costs. If Grantee's facilities are removed from the Property, Grantee shall promptly quitclaim to the County any and all interest Grantee may have in the Property. 5. Any and all County property facilities,landscaping or miscellaneous improvements,removed or damaged as a result of the use of the easement area by Grantee, or any other person or entity acting under Grantee's direction or control, shall, at County's discretion and direction,be repaired or replaced by County, with all reasonable costs and expenses to be paid by Grantee(including but not limited to engineering costs and legal costs of collecting any unpaid expenses) or shall be repaired or replaced by Grantee, at its sole cost and expense of Grantee, equivalent to or better than their existing condition. In the event that Grantee fails to commence the required work within thirty (30) days after being directed to do so by County, or such reasonable extension as County may agree to in writing, or fails to complete the required work within a reasonable time thereafter, County may perform or complete the work at the expense of Grantee, which expense Grantee agrees to pay to County promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. It is understood and agreed that County has leases, licenses and easements and/or rights with others (hereinafter the"Co-Users")for all or a portion of the Property. Such arrangements provide an underground petroleum products pipeline right-of-way, telecommunication conduit system and may also include other uses such as underground natural gas, sewer,water,electric lines,overhead electric and communication lines or similar uses. Grantee agrees to take all precautions required to avoid damage to the facilities of the Co- Users. If Grantee damages the facilities or improvements of any Co-user, Grantee shall repair or replace such facilities at Grantee's sole cost and expense. 6. Prior to any construction, installation, remodeling, repair, removal or other work within the Property, Grantee shall notify Co-Users three (3) working days in advance of such activity. 7. Grantee agrees that County shall not be held responsible or liable for protecting in place, damage to, or removal of Grantee's facilities,appurtenances or improvements,caused by or resulting from County's use of the Property or work or operation thereon. It shall be the sole responsibility of the Grantee to provide and maintain adequate protection and surface markings for its own facilities 8. The easement granted hereunder is non-exclusive. Nothing herein contained shall be construed to prevent County from granting other easements over the Property or using the Property for any and all purposes and the County expressly reserves the right to grant to others the right to use the Property in any manner and for any purpose. All rights granted to Grantee hereunder are subject to all existing and future rights, rights of way, reservations, franchises, licenses, and easements in the Property, regardless of who holds the same, including the County's right to use the Property for any purpose. County shall have the right to require Grantee to modify, remove or relocate its facility in a timely manner at Grantee's sole cost as reasonably necessary to accommodate the County's or any other user's right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same manner as required by section 4 of this grant of easement, including the rights and remedies contained therein. 9. In the exercise of all rights under this grant of easement,Grantee shall be responsible for any and all injury to County,to the public,to Co-Users,to individuals and to property arising out of Grantee's use of the Property. Grantee shall indemnify,defend, save,protect and hold harmless,County,its officers,agents,employees and contractors from and against any and all threatened or actual loss, damage (including foreseeable and 2 G:\GrpData\RealProp\2005-Files\05-10\SRVUSD Grant of Easement.doc 10/10/05 unforeseeable consequential damages), liability, claims, suits, demands, judgments, orders, costs, fines, penalties or expense of whatever character, including, but not limited to those relating to inverse condemnation,and including attorneys'fees,(hereinafter collectively referred to as"liabilities")to persons or property,direct or consequential,directly or indirectly contributed to or caused by granting of this easement, Grantee's operations, acts or omissions pursuant to this grant of easement, or the Grantee's use of the Property, save and except liabilities arising through the sole negligence or sole willful misconduct of the County, its officers or employees. Grantee further agrees to defend,indemnify, save,protect and hold harmless,_County from any and all actual or threatened claims,costs, actions or proceedings to attack, set aside,void, abrogate or annul this grant of easement or any act or approval of County related thereto. Grantee accepts the Property conveyed pursuant to this grant of easement in an "as is" physical condition, with no warranty express or implied on the part of the County as to any matter, including but not limited to the condition and/or possible uses of the land or any improvements thereon,the condition of the soil or the geology of the soil, the condition of the air, surface water or groundwater, the presence of known and unknown faults, the presence of any hazardous substance, materials, or other kinds of contamination or pollutants of any kind,in the air, soil,groundwater or surface water,or the suitability of the Property for the construction and use of the improvements thereon. It shall be the sole responsibility of Grantee, at its sole cost and expense,to investigate and determine the suitability of the soil,water, geologic,environmental and seismic conditions of the Property for the intended use contemplated herein, and to determine and comply with all building,planning and zoning regulations relative to the Property and the uses to which it can be put. Grantee relies solely on Grantee's own judgment,experience and investigations as to the present and future condition.of the Property or its suitability for Grantee's intended use. Grantee agrees that neither Grantee,its heirs, successors or assign shall-ever claim have or assert any right or action against County for any loss, damage or other matter arising out of or resulting from the presence of any hazardous substance or any other condition of the Property at the commencement of the easement or from the release of any hazardous substance in, on or around any part of the Property or in the soil,water, subsurface strata or ambient air by any person or entity other than the County following the commencement of this easement. As used herein, "hazardous substance" means any substance, material or waste which is or may become designated, classified or-regulated as being "toxic," "hazardous"or a"pollutant"under any federal, state or local law, regulation or ordinance. Nothing in this section is intended in any way to restrict the right of Grantee to seek contribution or indemnity from any person or entity other than County whose activities are a cause of any discharge, leakage, spillage or emission of hazardous materials on or to the Property. To the extent permitted by law, Grantee shall indemnify,defend, save,protect and hold the County harmless from and against any and all claims, demands, liabilities, expenses (including without limitation attorneys fees and consultants fees),penalties, damages,consequential damages and losses,and costs (including but not limited to the costs of any required or necessary testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties and from and against the preparation of any cleanup,remediation,closure or other required plans whether such action is required or necessary prior to or following the termination of the easement), of any kind or nature, to the extent caused or contributed by Grantee's operation or performance under this grant of easement,or Grantee's use,release or disposal of any hazardous substance,including all costs,claims,damages (including property and personal injury) directly caused by the uncovering,release or excavation of hazardous materials(including petroleum)as a result of Grantee's construction, reconstruction, maintenance, use, replacement, or removal of its facilities, to the 3 G:\GipData\RealProp\2005-Files\05-10\SRVUSD Grant of Easement.doc 10/10/05 extent that such activities have increased the costs attributable to the cleanup or remediation of such hazardous materials. The obligations contained in this section shall survive the expiration or other termination of this grant of easement. 10. Grantee understands and acknowledges that County makes no representations,warranties or guarantees of any kind or character express or implied, with respect to the Property, and Grantee is entering into this transaction without relying in any manner on any such representation or warranty by County. 11. In the event Grantee shall cease to use the easement hereby granted for a continuous period of one year or in the event Grantee abandons any of its facilities or fails to use the easement for the purpose for which it is granted,then all rights of Grantee in and to said lands shall hereupon cease and terminate and title thereto shall immediately revert to and vest in the County or its successors. Upon any termination of Grantee's rights hereunder, Grantee shall,upon request by County, and at Grantee's sole cost and expense,remove all its facilities from said lands and restore said Property to its original condition. Upon failure of Grantee to do so, said work may be performed by County at Grantee's expense,which expense Grantee agrees to pay to County upon demand. Grantee shall execute any Quitclaim Deeds required by County in this regard. 12. No rights granted hereunder shall be transferred or assigned without the prior written consent of County. 13. Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of County's adjacent lands lying outside of the easement area described in Exhibit «A„ 14. This grant of easement contains the entire agreement between the parties hereto and shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. 15. This grant of easement shall not be construed as if it had been prepared by one of the parties,but rather as if both parties have prepared it. The parties to this grant of easement and their counsel have read and reviewed this grant of easement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this grant of easement. 16. This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. 17: If any term or provision of this grant of easement shall be held invalid or unenforceable, the remainder of this grant of easement shall not be affected. 4 G:\GrpData\RealProp\2005-Files\05-10\SRVUSD Grant of Easement.doc 10/10/05 18. This grant of easement shall be governed by and construed in accordance with California law. The venue of any litigation pertaining to this grant of easement shall be Contra Costa County, California IN WITNESS WHEREOF,this Grant of Easement is signed and executed this day of (�C� , 2005. CONTRA COSTA COUNTY GRANTEE San Ramon Valley Unified School District By By Chair oard of Supervisors Superintendent Date 1�Ge5rre-a�� O o��-t9 G Date (Date signed- y Board) (Date sign d by Grantee) STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA.) Onfa•'07144 before me, 6-f"&10$ a Deputy Clerk of the Board of Supervisors,Contra Costa Q .C unty, personally, appeared %X y 19,e0/a.- , who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are :subscribed to the withininstrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. By: Deputy Clerk APPROVED AS TO FORM by County Counsel July, 1999 5 G:\GrpData\RealProp\2005-Files\05-10\SRVUSD Grant of Easement.doc 10/10/05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ) State of California ) ���� .i ) County of C a-n+Ya_ CO S I d ss. ) O n AO V eMn bW 5,,ZOOS before me, ]'V a,n/ l l'r an e f 1 o-/ry Date -- Name and Title of Officer(e.g.,"Jane 01be,Notary Publi ) 1 personally appeared )2C'i`e4-+ K&SS /f Name(s)of Signer(s) l personally known-to me /0 proved to me on the basis of satisfactory ) evidence ) to be the personX whose nameK' is/aFe- subscribed to the within instrument and acknowledged to me that heA&he44ey executed ) the same in hisAe4t-ie authorized ) MARym.DESIMONE capacity(ieo, and that by hili;- i commission#1355177 signatureXon the instrument the person(; or NotaryPubhc-Cafi(orrft the entity upon behalf of which the personComm code ) *Cormr. 2 2pg acted, executed the instrument. i WITNESS my hand and official seal. ) Place Notary Seal Above Signature of Notary Public ) ) OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ) Description of Attached Document Title or Type of Document: C r"f ff f e4l f l rCn �5'e ?.),re 1 6j j I Document Date:hl cwe m��r 3, 24.0 (5)4-7i-ec� Number of Pages: 3�-e� T ) Signel� r r�u- OtherThan Named Above: C�Y►A� 1�c � uv�scYs ) ) Capacity(ies) Claimed by Signer Signer's Name: kc_�e Y t- k2sS f e ✓ ) ❑ individual Top of thumb here ❑ Corporate Officer—Title(s): ) ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ) ❑ Trustee ❑ Guardian or Conservajor Other: st,( DI►2 ^d�rn I I Signer Is Representing: (Ash I i I ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-600.876-6827 RESOLUTION NO. 32/05-06 ADOPTION OF RESOLUTION NO. 32/05-06 FOR THE PURCHASE OF A UTILITY EASEMENT FOR THE CALIFORNIA HIGH SCHOOL MEASURE A PROJECT WHEREAS, the Governing Board ("Board") of the San Ramon Valley Unified School District ("District") approved the construction of a sixty-three classroom building and library at California High School as Phase I of the Measure A project, and WHEREAS, during the construction of the buildings it was determined that the electrical power source that exists off Broadmoor is insufficient to power the new classroom and library buildings, and WHEREAS, Contra Costa County requires the District to purchase the utility easement rights across the Iron Horse Trail in order to obtain electrical power from the other side of the Trail and to have the easement appraised to establish its fair market value, and WHEREAS, the Administration has determined that it is more cost effective, efficient and safer to obtain an overhead easement than underground, and NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board hereby approves the adoption of Resolution No. 32/05-06 for the purchase of an overhead utility easement for Phase I of the California High School Measure A project. APPROVED,PASSED AND ADOPTED by the Governing Board of the San Ramon Valley Unified School District,this 25th day of October, 2005. AYES: Buchanan, Clarkson, Gardner, Marvel, Petsuch NOES: None ABSENT: None ABSTAINED: None I� Robert Kessler Secretary of the Board of Education of the San Ramon Valley Unified School District of Contra Costa County, State of Califomia .15070.008/'412062V 12062v l Certificate of Acceptance for Grant of Easement This is to certify that the interest in real property conveyed by the Grant of Easement dated October 25, 2005 for Contra Costa County, a political subdivision of the State of California, is hereby accepted by the undersigned, on behalf of the San Ramon Valley Unified School District, a public school district organized and existing under Education Code of the State of California, pursuant to the authority conferred upon him by the Board of Trustees of the San Ramon Valley Unified School District, and the San Ramon Valley Unified School District, as grantee, consents to recordation of said Grant of Easement. DATED: October 25, 2005 SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT, a public school district organized and existing under the Education Code of the State of California Name: Robert Kessler Its: Superintendent EXHIBIT "A" 32-339 Rev. 5/85 Rightof of Wcy Mop P QL \s BB o \ 11E: S.37°48'55'W. 324.54' COS S.61 °14'48°W.50'+f- 4 T s � d LEGEND ti CENTERLINE OF 10 FOOT WIDE STRIP OVERHANG EASEMENT FOUND MONUMENT �n� ` \ O = EXISTING POLE \ ` X = NEW POLE CITT,RANCH D.9U DIVISIDN, SCALE DATE OVERHANG EASEMENT, SAN RAMON 1" = 6D' 09 09 05 SECTION TOWNSHIP RANGE I MERIDIAN 23 25 1W MDB&M SE4 OF THE NW4 LC—HG I DATE DESCRIPTION AUTH FY I CH DR.Fn JAB CH.9Y: GP7 G&E. 7 - i� REFEF,ETICES -