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HomeMy WebLinkAboutMINUTES - 04112006 - C.6 c,c� C tir: L Contra TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ' 1' Costa o' DATE: April 11, 2006 r��k CUllnt psi y eouty� SUBJECT: ADOPT Resolution approving the conveyance of two separate easements located across the Iron Horse Corridor (IHC) near Corwin Drive in Alamo and Love Lane in Danville to the Central Contra Costa Sanitary District (CCCSD), for the purpose of installing and maintaining two sanitary sewer service lines which will link up to CCCSD's 60" main sewer trunk line in the IHC. [CP#04-49] Alamo and Danville areas (District Ill) Project No. 0678-6G5575 SPECIFIC REQUEST(S)OR RKOMIvIENDA'CiON(S)&BACKGROUND AND R.SI-If ICAI-ION 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 $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 easements to the CCCSD, pursuant to Government Code Section 25526.6. E. AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of Easements on behalf of Contra Costa County. F. DIRECT the Real Property Division to cause said Grant of Easements to be delivered to grantee. Continued on Attachment: X SIGNATURE: -4dCOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COh1M17'Tr' AAPROVE OTHER SIGNATURE(S) ACTION OFA E 'CY Nr I// Jd —APPROVED AS RECOMMENDED OTHER VOT OFCOM UNANIMOUS ABSENT O L— ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Redevelopment Agency on the date shown. 'Y CI':eh G:\(iipData\RealPrup\?006-Files`BOs K Rcs 06\BO CCCSD IHC'Love Lane 6:Corwin Drive.doc ATTESTEDA� T' Orig.Div:Public works(R%i') JOHN CULLEN, Clerk of the Board of Contact: C.Peccianti (313-2222) Supervisors and County Administrator cc: Public Works Accounting Public Works Records By Deputy T.Torres,Environmental Services Grantee(via R2'11) Recorder(via FUP) Community Development Dept.H.Li I.Bergeron.('omputers Services SUBJECT: ADOPT Resolution approving the conveyance of two easements located across the Iron Horse Corridor (IHC) near Corwin Drive in Alamo and Love Lane in Danville to Central Contra Costa Sanitary District(CCCSD). [CP#04-49] Alamo and Danville areas (District II1) DATE: April 11, 2006 PAGE: 2 Fiscal Impact• In consideration for the conveyance of the Grant of Easements to CCCSD, the County has received payment in the amount of$6,000.00 for the easement rights. This revenue will be deposited into the SPRW Trust Fund (Fund # 138800). Reasons for Recommendations and Background: CCCSD's Corwin Drive Contractual Assessment District No. 2000-4 Project calls for a manhole and sewer facilities to provide sanitary sewer service to Corwin Drive residents in Alamo; and as part of the Danville Square Sanitary Sewer Mainline Extension Project, CCCSD is constructing a public sanitary sewer line to service the Danville Square property. CCCSD has permanent easement rights in the IHC for a 60" main trunk line that nuns parallel with the IHC and in order to connect to this main sewer line they require permanent easements across the IHC for the installation and maintenance of the two 8" sanitary sewer lines. Consequences of Negative Action: The CCCSD will not be able to provide sanitary sewer service to the Corwin Drive residents in Alamo, nor to the Danville Square property residents, if the County does not convey the easement rights to them. THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 11, 2006 by the following vote: AYES: Uilkema, Piepho. DeSaulnier,Glover and Gioia NO SS: None ABSENT: None ABSTAIN: None - - - - - - - - - --- - - - ---- RESOLUTION NO.2006/ Government Code § 25526.6 SUBJECT: ADOPT Resolution No. 2006//74 approving the conveyance of two separate easements located across the Iron Horse Corridor(IHC) near Corwin Drive in Alamo and Love Lane in Danville to the Central Contra Costa Sanitary District(CCCSD), for the purpose of installing and maintaining two sanitary sewer service lines which will link up to CCCSD's 60" main sewer trunk line in the IHC. [CP#04-49] Alamo and Danville areas (District Ill) 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. This activity has been found to conform to the General Plan of the Town of Danville. 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 January 19, 1988 in Book 12209 at Page 180,Parcel 41,in the Alamo area and Parcel 46 in the Danville area,for public transit and utility purposes,and CCCSD has requested two permanent easements over a portion of said property, described in the Grant of Easements, attached hereto, for the purpose of installing and maintaining two sanitary sewer service lines which will link up to CCCSD's 60-main trunk line located within the IHC near Corwin Drive in Alamo and Love Lane in Danville. This Board FINDS that the conveyance of such easements are 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 easements to the CCCSD as shown on Exhibit "A" and Exhibit"B", attached hereto, pursuant to Government Code Section 25526.6, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute the Grant of Easements on behalf of Contra Costa County in consideration for the payment received in full in the amount of$6,000.00. The Real Property-Division is DIRECTED to cause said easement to be delivered to the grantee for recording. CP:elt I hereby certify that this is a true and correct G:•.GrpData,RealProp`:2006-files`•L3Os ti Res 00\r3R27 CCCSD Lose Lane l Crowin Drive.doc copy of an action taken and entered on the Orig.Dept.: Public Works(R/P) minutes of the Board of Supervisors on the Contact: Carla Peccianti(313-2222) date shown. A Recording to be completed by CCCSD &r// //i CC: Public Works Accounting ATTESTED: Public works Records JOHN CULLEN, Clerk of the Board of Environmental-T.Torres Supervisors and County Administrator Grantee(via R/11) Recorder(via R/P) By_ Deputy Community Development Dept.H.Li I.Bergeron,Computer Services RESOLUTION NO. 2006/ ��6 Recorded at the request of: Central Contra Costa Sanitary District After recording return to: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Former Southern Pacific Right of Way Parcel 46 I 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, a political subdivision of the State of I California, hereinafter called COUNTY, hereby grants to CENTRAL CONTRA COSTA SANITARY DISTRICT, hereinafter called GRANTEE, a 15-foot wide easement and right of way for installing, constructing, reconstructing, removing, replacing, repairing,upgrading,maintaining,and operating underground sanitary sewer pipe or sewer pipelines and 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 Danville,County of Contra Costa, State of California, more particularly described.in Exhibit"A"and shown on plat map Exhibit"B,"each of which Exhibits are attached hereto and made a part hereof. The foregoing grant is made subject to the following terms and conditions: I 1. COUNTY owns fee title absolute to a strip of land of varying width that runs from north of the City of Concord to Contra Costa County line in the City of San Ramon. Said strip of land is more commonly known as the Iron Horse Corridor(the"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 toy 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 orl permit use of the Property for any purpose other than those granted by this agreement. 1 2. GRANTEE hereby acknowledges COUNTY's title to the IHC, including the Property, and agrees never to assail or resist said title. 1 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 ten-ns of such permit shall not be inconsistent with this grant of easement. 1 4. COUNTY reserves the right to require GRANTEE to modify its facilities, to relocate said facilities within the easement area or at COUNTY'S sole discretion, to remove its facilities from the easement area at GRANTEE'S sole expense. In the event that GRANTEE fails to I I i I commence the required workl within thirty (30) days after being directed to do so by COUNTY, or such reasonablel extension as COUNTY may agree to in writing, or fails to complete the required work within a time specified by COUNTY,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. If GRANTEE'S facilities are removed from the current easement area, GRANTEE shall promptly quitclaim to COUNTY its interest in the vacated easement area. I 5. (a) 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 ally 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. I (b) 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 lunderground 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. I 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 Town 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 sdbject 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 lto modify, remove or relocate its facility in a timely manner at I I I I I GRANTEE's sole cost as reasonably necessary to accommodate 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. I 9. (a)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 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. I (b) 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 AGENCY related thereto. (c)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,soi 1,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 ownl 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 df any hazardous substance or any other condition of the Property at the commencement of theleasement 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 ofthis easement. As used herein, "hazardous I Sub stance"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, spillagelor emission of hazardous materials on or to the Property. I I I i I I (d) To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect and hold the COUNTY harnlless 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 for 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 ofhazardous materials(inc]udingpetroleum)as a result of GRANTEE'S construction,reconstruction,maintenance,use,replacement,or removal of its facilities,to the extent that such activities have increased the costs attributable to the cleanup or remediation of such hazardous materials. i (e)The obligations contained in this section shall survive the expiration or other termination of this grant of easement. I 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. I 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 so to do, said work may be performed by COUNTY at GRANTEE'S expense,which expense GRANTEE agrees to payto COUNTY upon demand. GRANTEE shall execute any Quitclaim Deeds required by COUNTY in this regard. I 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". I 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. i 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 I I I I I to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this grant of easement. I 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. I 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. I 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. I I IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of 52006 I CONTRA COSTA COUNTY CENTRAL CONTRA COSTA SANITARY DISTRICT I i I By By Chair oard of Supervisors I President Board of Directors I I STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) psi//,400i ✓42 Orf before me, Deputy Clerk of the Board of Supervisqqrs Contra Q,osLa County,personally appeared 2g^ !y' +v 6i s � i 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 within instrument and acknowledged to me that he/she/they 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. WITNESS my hand and official seal. I I I By: Dep tv lerk I I CP:eh G:\GrpData\RealProp\2006-Files\06-2\Love Lane CCCSD Grant of Easement 46.doc 2/28/06 1 I 1 I I I I I I I 1 I I I I I I I I December 2, 2004 1 Job No. 98138 i I I 1 CCCSD Job #5576 i Parcel 1 I I I 1 EXHIBIT `A' I 15' Wide Sanitary Sewer Easement I Real property situated in the Town of Danville, County of Contra Costa, State of California, described as follows: 1 I I Being a portion of certain parcel of land as described as Parcel Number 46 in the deed to Contra Costa County, recorded March 4, 1985, in Book 12209 of Official Records, at Page 180, Contra Costa County Records, further described as follows: I COMMENCING at the southwest comer of the parcel of land described in the deed to Edward S. Ageno, trustee, recorded April 28, 1994 in Document 94-118589; said corner also lying on the northerly line of Linda Mesa Avenue,)as it existed after the dedication to the Town of Danville recorded November 27, 2000 in Document 2000-0263969, and along the easterly line of that certain parcel of land deeded to Contra Costa County on March 4, 1985 in Book 12209 of Official Records at Page 180; thence'leaving said Point of Commencement along said easterly line, North 51.'44'14" West, 1.93.50 feet to the True Point of Beginning of the herein-described easement; thence leaving said True Point of Beginning and said easterly line, South 37°45'05" West, 42.65 feet to a point on the northerly line of the 13-foot wide sanitary sewer easement to Central Contra Costa Sanitary District recorded December 5, 1985 in Book 12652 of Official Records at Page 570; thence along the northerly line of said easement (12652 OR 570), at right angles North 52°14'55" West, 15.001 feet; thence leaving said northerly line North 37°45'05" East, 42.78 feet to a point on said easterly line of said parcel number 46; thence along said easterly line, South 51'44'14" East, '15.00 feet to said True Point of Beginning. I Containing an area of 641 square feet (0.02 acres), more or less. I Attached hereto js a plat entitled Exhibit `B"which by this reference is made a part hereof I C7 No.CE-2 81Uj ui I I I I CENTRAL CONi TRA COSTA SANITARY DISTRICT EASEMENT MAP for SEWER \\ \� EXHIBIT "B ,��oF ESSI Ci9C \ ice^ ? -27818 n \ \\ cr- 313+Jo(. Ivil vot cp cp I o ' i P.O.B. 37 P.O.C. JOB 98138 �lQ " DRAWN BY CifaHED BY CCCBD CHD Na JOB VST ;JED 9882 5576 SCALE DATE I CO.ASW.NO. PARCEL 1" = 20' 1212/2004 1 i I I I Recorded at the request of: Central Contra Costa Sanitary District EXHIBIT 111311 After recording return to: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez,CA 94553 Former Southern Pacific Right of Way I Parcel 46 I GRANT OF EASEMENT I 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, a political subdivision-of the. State of California, hereinafter called COUNTY, hereby grants to CENTRAL CONTRA COSTA SANITARY DISTRICT, hereinafter called GRANTEE, a 1.5-foot wide easement and right of way for installing, constructing, reconstructing, removing, replacing, repairing,upgrading,maintaining, andioperating underground sanitary sewer pipe or sewer pipelines and 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 Danville,County of Contra Costa, State of California, more particularly described in Exhibit"A"and shown on plat map Exhibit`B," each of which Exhibits are attached hereto and made a part hereof. I The foregoing grant is made subject to the following terms and conditions: I 1. COUNTY owns fee title absolute to a strip of land of varying width that runs from north of the City of Concord to Contra Costa County line in the City of San Ramon. Said strip of land is more commonly known as the Iron Horse Corridor(the"IHC"). The property subject to this easement(hereinafter the"Property") is located with in the 1HC. Underground utility facilities are already in place and it is anticipated that, in the future, a mass transportation system and additional utility i 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. I i 2. GRANTEE hereby acknowledges COUNTY's title to the IHC, including the Property, and agrees never to assail or resist said title. I 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 ten-ns of such permit shall not be inconsistent with this grant of easement. I 4. COUNTY reserves the right ito require GRANTEE to modify its facilities, to relocate said facilities within the easement area or at COUNTY'S sole discretion,to remove its facilities from the easement area at.GRANTEE'S sole expense. In the event that GRANTEE fails to I I I I 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, oi- fails to complete the required work within a time specified by COUNTY,COUNTY mayperfornn 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. If GRANTEE'S facilities are removed from the current easement area, GRANTEE shall promptly quitclaim to COUNTY its interest in the vacated easement area. 1 5. (a) Any and all COUNTY propierty 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 failslto 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. I (b) 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 undei-ground natural gas,sewer,water,electric lines,overhead electric and communication lines oi-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. 1 6. Prior to any construction, installation,remodeling, repair,removal or other work within the Property, GRANTEE shall riotify Co-users three (3) working days in advance of such activity. 1 I 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 I S. 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 i I 1 I i i i GRANTEE's sole cost as reasonably necessary to accommodate 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. i i 9. (a)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 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, director consequential, directly or indirectly contributed to or caused by granting of this easement, GRANTEE'S operations, acts or omissions pursuant to tliis 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. i (b) GRANTEE further agrees to defend, indemnify, save, protect and. Bold 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 AGENCY related thereto. i i (c)GRANTEE accepts the Property conveyed pursuant to this grant of easement in all "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 groiundwater, the.presence of known and unknown faults, the presence of any hazardous substance,materials,or other kinds of contamination or pollutants of any hind,in the air,soil, groundwater or surface water,or the suitability of the Properly 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, andito determine and complywith 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 fi-om 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 ail-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 frorn any person or entity other than COUNTY whose activities are a cause of any discharge, leakage, spillagelor emission of hazardous materials on or to the Property. i i I i (d) 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 excavatibn of hazardous materials(including petroleum) as a result of GRANTEE'S construction,reconstruction,maintenance, use,replacement,or removal of its facilities,to the extent that such activities have increased the costs attributable to the cleanup or remediation of such hazardous materials. I (e)The obligations contained in this section shall survive the expiration or other termination of this grant of easement. I 10. GRANTEE understands and' acknowledges that COUNTY makes no representations, warranties orguarantees of any ]rind or character, express or implied, with respect to the Property, and GRANTEE is entering into this transaction without relying in any manner-oil any such representation or warranty by COUNTY. I 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 so to do, said work may be perfornned 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. i 1 12. No rights granted hereunder shall be transferred or assigned without the prior written consent of COUNTY. i 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". I 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. 1 15. This grant of easernent shallbot 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 constriction I I I I to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this grant of easement. i 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. i 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. I 18. This grant of easement shall bel 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. I IN WITNESS WHEREOF, tliis Grant of Easement is signed and executed this day of 2006 I CONTRA COSTA COUNTY I CENTRAL CONTRA COSTA SANITARY DISTRICT I I By By Chair, B and of Supervisors President Board of Directors I I STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On �O�beforeme,ErnE�4�t iC S��rP Deputy Clerk of the Board of Supervisors Contra �osla County, personally appeared.S • ✓o +� Gio/� who is personally known to me jor proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they 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. I WITNESS my hand and official seal. I I Deo tv Clerk I I CP:eh G:\GrpData\RealProp\2006-Files\06-2\Love Lane ICCCSD Grant of Easement 46.doc 2/28/06 I I I I I I I I • I I I I I I I I I I December 2, 2004 Job No. 98138 I I I CCCSD Job #5576 Parcel I I I I I EXHIBIT `A' I 15' Wide Sanitary Sewer Easement I Real property situated in the Town of Danville, County of Contra Costa, State of California, described as follo%vs: I Being a portion of certain parcel of land as described as Parcel Number 46 in the deed to Contra Costa County, recorded March 4, 1985, in Book 12209 of Official Records, at Page 180, Contra Costa County Records, further described as follows: I COMMENCING at the southwest corner of the parcel of land described in the deed to Edward S. Ageno, trustee, recorded April 28, 1994 in Document 94-118589; said corner also lying on the northerly line of Linda Mesa Avenue,'as it existed after the dedication to the Town of Danville recorded November 27, 2000 in Document 2000-0263969, and along the easterly line of that certain parcel of land deeded to Contra Costa County on March 4, 1985 in Book 12209 of Official Records at Page 180; thence heaving said Point of Commencement along said easterly line, North 51'44'14" West, 193.50 feet to the True Point of Beginning of the herein-described easement; thence leaving said True Point of Beginning and said easterly line, South 37°45'05" West, 42.65 feet to a point on the northerly line of the 13-foot wide sanitary sewer easement to Central Contra Costa Sanitary District recorded December 5, 1985 in Book 12652 of Official Records at Page 570; thence along the northerly line of said easement (12652 OR 570), at right angles North 52°14'55" West, 15.00 feet; thence leaving said northerly line North 37°45'05" East, 42.78 feet to a point on said easierly line of said parcel number 46; thence along said easterly line, South 51'44'14" East, 15.00 feet to said True Point of Beginning. I Containing an area of 641 square feet (0.02 acres), more or less. I Attached hereto is a plat entitled Exhibit `B"which by this reference is made a part hereof. I I OFF_s IpN_­ W AKU F;\, . co �w No.CE-2 81 cn m .vI sT civi\- 41. �o F OF C,N. I I I I CENTRAL CONTRA COSTA SANITARY DISTRICT EASEMENT MAP for SEWER I \\ \� EXHIBIT "B" � E S Nq` \ \ oW ARP 6 2 \ \ Icy -27818 OF r.0 \ o � 7'op tI \ \\ cP`Gpp p I \ I s 7'�' tea\�S` �3i ��'L• �r�a �, P.O.B. pO sS� V001,14 s, �o O � 0n I P.O.C. JOB 98135 p DRAM 6r afCf®BY I CCCSD arm No. im VST JED 9882 5576 SCALE DATE I CO.ASSW.NO. PARE- 1" = 20' 12/2/2004 1 I I I DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 4500-6655751 CP NO.: 04-49 ACTIVITY NAME: Central Contra Costa Sanitary District (CCCSD) Easements (Alamo and Danville areas) DATE: November 30, 2004 i PREPARED BY: Trina Torres I 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: This activity consists of Contra Costa County granting two permanent easements to Central Contra Costa Sanitary District (CCCSD) to allow for access to CCCSD's two 8" sewer lines that connect properties to the San Ramon Valley Interceptor Sewer system, located within the Iron Horse Corridor(IHC). The properties are near Love Lane in Danville (Figs. 1, 2, & 3) and near Corwin Drive in Alamo (Figs. 1, 4, & 5). CCCSD requested the easements from the County in order to have permanent rights for the sewer lines to be located in the IHC. General Plan Conformance will be obtained from the Town of Danville for the Love Lane portion of the activity. LOCATION: I This activity is located in the south county areas in Alamo and Danville. (Figures 1- 5) REVIEWED BY: DATE: Leigh Chavez Planner III APPROVED BY: DATE: Community Development Representative I TT G:\GrpData\EngSvc\ENVIR0\RealProp\CenCCSanDist(CCCSD)Easements(Alamo-Danville)\CEQA\DetExempt.doc I I I I I I 1 in.',.u��•. ` I ku'��iw�`�'yra l`�''�i�sli`����r,.:t�4'p,�,�:u•'-�r��t�:� FGr• rv.2r. n,.at r Or, kF I ✓ � mCD CD C 7? CD I �r I� d I to � 1co o• 03I -ro Ln 70 m �_ 1 cr 'fop it2 A.-Ol 1 _ y�rfir I � V i Sr t.;. 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'.�I. •:O.4: _ � •n•I .: ,r;.:::-...i_..,, � /:.,_r /� � ..+.' -.air.•'-,•- ��t�::%r3��5' L� �I''.L�`:. .,.-,.,,..�. :_ ...\'� 'ci' ,\.-. ...:- ,� r::':.• ...:�'::'i� - :��5 r,11iC :.1,. ;.1. .......-..tr,:.....t.-,:.t-..._., ... ._�."fir ... � ..:.�.....;::-�v': ✓ .O 71 ONLSD.4�'lh G. _ ;,a `fir• vh. ..r CI. 2 -F .1 I - _ : 'D. .. :..,:. ..-::.::..I:... .......: - I f. I 1� .: ........ i - I -. I I EXHIBIT " B " I - , KODAMA , f 3 CORWIN DRIVE I APN 198-1131-004 DROLL , 6213 OR 54D 1 CORWIN DRIVE APN 198-131-030 14934 OR 833. � . ! \ L= 20'29'14" R= 40.00' p p L= 14.3D' P.O.B. r �' .b �.I tr � __ N49'00'00"E(R) -1 18.74'-- r v l Cv ----- SO oD 00. / --- S49'00'00"W--- 120 - ,5' ' CN I z r I �<y � =00'1 6'20 ; Cr,I . vo CO I — — R=2953.57' v A=1 34'3046" L=14.03 ; � o ! R=1 40.00, ; I 0 L=I 24.09 Project Location: ' I I C--: N I I O L) CIANT � r I t � 4 .CORWIN DRIVE APN 19B-131 -029l JEIhtIK i t 2000-36054 , t ,I 2 CORWIN DRIVE APN 198- 131-003 2000-119779 i I , LEGEND t I t i AREA DEDICATED TO I 1 + CENTRAL COMRA COSTA] -- -SANITARY DISTRICT FDRAWN 8Y CHECKED BY C CCSD GRID) }JOB h 20' = J. r:.H. 77E5 t5625 SC.`,_E IDr. rSSIJT. NC. °.ARC=_ "� Win' 1 APRIL _^00 I CALIFORNIA ENVIRONMENTAL QUALITY ACT Noticeof Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor!North Wing, McBrien Administration Building Martinez,.CA 94553-0095 Telephone: (925).313-2366 Contact Person:.Leigh Chavez, Planner Project Description, Common Name (if any) and Location: Central Contra.Costa Sanitary District .(CCCSD) Easements (Alamo and Danville areas), County File #CP 04-49 Project Description: I This activity consists of Contra Costa County granting two permanent easements to Central Contra Costa Sanitary District (CCCSD) to allow for access to CCCSD's two 8".sewer lines that connect properties to the San Ramon Valley Interceptor Sewer system, located within the Iron Horse Corridor (IHC). The properties are near Love Lane in Danville and near Corwin Drive in Alamo. CCCSD requested the easements from the County in order to have permanent rights for the sewer lines to be located in the IHC. General Plan Conformance will be obtained from the Town of Danville forthe Love Lane portion of the activity. Project.location: This activity is located in the south county areas in Alamo and Danville. This project is exempt from CEQA as a: I 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. I Date: By: i Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I 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. I Signature Title I I Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due tt G:\GrpData\EngSvc\ENVIRO\RealProp\ CenCCSanDist (CCCSD) Easements (Alamo-Danville)\CEQA\NOE.doc (Rev. 2/97) I I I I I • I 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 I Telephone: (925) 313-2366 1 Contact Person: Leigh Chavez, .Planner I Project Description, Common Name (if any) and Location: Central Contra.Costa Sanitary District (CCCSD) Easements (Alamo and Danville areas), County.File #CP 04-43. Project Description: I This activity consists of Contra Costa County granting two permanent easements to Central Contra Costa Sanitary District (CCCSD) to allow for access to CCCSD's two 8" sewer lines that connect properties to the San Ramon Valley Interceptor Sewer system, located within the Iron Horse Corridor (IHC). The properties are near Love Lane in Danville and near Corwin Drive in Alamo. CCCSD requested the easements from the County in order to have permanent rights for the sewer lines to be located in the IHC. General Plan Conformance will.be obtained from the Town of Danville for the Love Lane portion of the activity. Project. location: This activity is located in the south county areas in Alamo and Danville. This project is exempt from CEQA as a: I Ministerial Project (Sec. 15268). 1 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, I 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. I I Date: By: 1 Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I 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. I Signature Title I I Applicant: County Public Works Department 1 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due I tt G:\GrpData\EngSvc\ENVIRO\RealProlp\ CenCCSanDist (CCCSD) Easements'(Alamo-Danville)\CEQA\NOE.doc (Rev. 2/97) I I I I I I i , Recorded at the request of: I Central Contra Costa Sanitary District After recording return to: I EXHIBIT "A" Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 I I Former Southern Pacific Right of Way Parcel 41 I I GRANT OF EASEMENT I 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, a political subdivision of the State of California, hereinafter called COUNTY, hereby grants to CENTRAL CONTRA COSTA SANITARY DISTRICT, hereinafter called GRANTEE, a 15-foot wide easement and right of way for installing, constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining, and operating underground sanitary sewer pipe or sewer pipelines and all. necessary appurtenances thereto, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situated in Alamo, County of Contra Costa, State of California, more particularly described in Exhibit"A"and shown on plat Map Exhibit "B," each of which Exhibits are attached, hereto and made a part hereof. The foregoing grant is made subjectlto the following terms and conditions: I 1. COUNTY owns fee title absolute to a strip of land of varying width that runs from north of the City of Concord to Contra Costa County line in the City of San Ramon. Said strip of land is more commonly known as the San Ramon Transportation Corridor (the "SRTC"). The property subject to this easement (hereinafter the "Property") is located with in the SRTC. 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. i 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. IThe 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 SRTC, including the Property, and agrees never to assail oIr resist said title. 3. GRANTEE shall, priorto 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. i 4. COUNTY reserves the right to require GRANTEE to modify its facilities, to relocate said facilities within the easement area or at COUNTY's sole discretion, to remove its facilities i i 1 I I i I from the easement area 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 extension as COUNTY may agree to in writing, or fails to complete the required work within a time specified by COUNTY, COUNTY may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly uponl demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. If GRANTEE's facilities are removed from the current easement area, GRANTEE shall promptly quitclaim to COUNTY its interest in the vacated easement area. i 5. (a)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 ands 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. i (b) It is understood and agreed that COUNTY has leases, licenses and easements and/or rights with others (hereinafterlthe "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. i 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. i 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 I 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 I 2 I I I I 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 atI GRANTEE's sole cost as reasonably necessary to accommodate 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. (a) 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 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. I (b) GRANTEE further agreeslto 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 AGENCY related thereto. (c) GRANTEE accepts the Property conveyed pursuant to this grant of easement in an "as is" physical condition,with Ino warranty express or implied on the part of the COUNTY as to any matter, including butlnot 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 I 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, I"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. 3 I I 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. I (d)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 necessarylprior 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 extent that such activities have increased the costs attributable to the cleanup or remediation of such hazardous materials. I (e) The obligations contained in this section shall survive the expiration or other termination of this grant of easement. I 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. I 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 ifor 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 for its successors. Upon any termination of GRANTEE's rights hereunder, GRANTEE Ishall, upon request by COUNTY, and at GRANTEE's sole cost and expense, remove alll its facilities from said lands and restore said Property to its original condition. Upon failure of GRANTEE so to do, 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. I 12. No rights granted hereunder shall be transferred or assigned without the prior written consent of COUNTY. I 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". i 14. This grant of easement contains the entire agreement between the parties hereto and shall not be modified in anyimanner except by an instrument in writing executed by the .4 I I I I parties or their respective successors in interest. I 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. I 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. I 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. I i IN WITeNESS WHEREOF, this Grant of Easement is signed and executed this// day of If?ri/ , 2006. i CONTRA COSTA COUNTY CENTRAL CONTRA COSTA I SANITARY DISTRICT I I I By By Ch I , and of Supervisors President Board of Directors I STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) *Vi/ // '<oo'c On before me, 6�We'14 q Deputy Clerk of the Board of SupervisF4rs, Cont�Gosta County,personally appeared '�1�Vow+o Poo AL. 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 within instrument and acknowledged to me that he/she/they 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. I WITNESS my hand and official seal. I I By: z4jl,41�1 Der)d6v Clerk ff I I I I CP:eh G:\GrpData\RealProp\2006-Files\06-2\Corwin CCCSD Grant of Easement 41.doc 2/28/06 I 5 I I I I Parcel 1 CCCSD Job No. 5528 I I I V I Exhibit A I I I Being a portion of that parcel of land described in the deed from Southern Pacific Railroad to Contra Costa Countyl recorded March 4, 1985 in book 12209 official records, page 180, as shown on(that certain Record of Survey No. 2092 filed in Book 106 of Licensed Surveyors ;Maps at Page 4, Contra Costa County Records, more particularly described as follows: A strip. of land 15 feet in width. The northwesterly line of which is described as follows: Beginning at the most northeasteIIrly corner of that certain parcel of land described in the deed to Lawrence Jewik and Carole S. U. Jewik, recorded June 12, 2000 Series Number 2000-119779, Contra Costa County Records, Thence along the projection of the northerly line of said Jewik parcel, North 49°East, terminating along the westerly line of an I existing 13 feet wide subsurface C.C.C.S.D. easement described in "Panel Forty-One" of "Exhibit One- Section One" in the deed to Central Contra Costa Sanitary District, recorded December 9, 1985 in Book 12652 of official records, Page 510 Contra Costa County Records. I The southeasterly line of the herein described 15 feet wide easement is parallel with and 15 feet southerly from the above described northwesterly line. I The northeastern and southwestern termini of said 15 feet strip of land shall coincide with the westerly line of said 13 feet wide subsurface C.C.C.S.D. easement (12652 O.R. 510) and the easterly line of said Jewik parcel, respectively. Attached hereto is a plat entitled' Exhibit "B", which by this reference is made a part .hereof. I I %_NND SIi I I I I ^.ENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT OF ; WAY MAP . FOR SEWER I EXHIBIT " B " �! I I I 1 , KODAMA r 3 CORWIN DRIVE / CROLL APN 198-131-004 I I j 6213 OR 540 1 CORWIN DRIVE APN 198-131-030 I 14934 OR 833 r � I \\ 1 A= 20'29'14" 171 o t �3' szR= 40.00 + ;�i 0 e o I L= 14.30 P.O.B. I I i °• � r I rr 1 1 N49_00'00"E(R) 118.74' _ r 1 0 ?8�S �6'. sz r _ 0 R ° -------------------- - --- .o SG / I S49'00'00"W 120.21 ' r15,�� 0�o0, c" z ; \� \ \ / � =00'16'20" I i v Do R=2864.56 U i I UI 1 A=I 34'30'46" L=14.03 r t o R=I 40.00' r i o IL=I 24.09 I Q I I I I o I I � I I GANT 11 O I I ! I 4 CORWIN DRIVE 1 APN 198-131 -029 JEWIK 2000-36054 �I 2 CORWIN DRIVE i APN198-13 I I 2000-1 LAND I I �G��Q.�" A• H��9G�� I j j LEGEND .. I ' 9130106 I AREA DEDICATED TO 1 I -IN -5452 ® CENTRAL CONTRA COSTA SANITARY DISTRICTj�Q DRAWN BY CHECKED BY CCCSD GRID# JOB hc20146 J.B. R.H. 77E6 5528 SCALE DATE CO. ASSMT. NO. PARCEL 1"= 40' APRIL 2001 , 1 I I I Recorded at the request of: Central Contra Costa Sanitary District I After recording return to: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 i I Former Southern Pacific Right of Way Parcel 41 GRANT OF EASEMENT I 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, a political subdivision of the.'State of California, hereinafter called COUNTY, hereby grants to CENTRAL CONTRA COSTASANITARY DISTRICT, hereinafter called GRANTEE, a 15-foot wide easement and right of Way for installing,—constructing, reconstructing;removing, - - – -- replacing, repairing, upgrading, maintaining, and operating underground sanitary sewer pipe or sewer pipelines and all ,necessary iappurtenances thereto, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situated in Alamo, County of Contra Costa, State of California, more particularly described in Exhibit"A" and shown on plat map Exhibit "B," each of which Exhibits are attached hereto and made a part hereof. i 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 north of the City of Concord to Contra Costa County line in the City of San Ramon. Said strip of land is more commonly known as the San Ramon Transportation Corridor(the"SRTC"). The property subject to this easement (hereinafter the "Property") is located with in the SRTC. 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. I 2. GRANTEE hereby acknowledges COUNTY's title to the SRTC, 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 Ithe 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. I 4. COUNTY reserves the right to require GRANTEE to modify its facilities, to relocate said facilities within the easement area or at COUNTY's sole discretion, to remove its facilities I 1 i i I I from the easement area at GRANTEE's sole expense. In the event that GRANTEE fails to commence the required work1within 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 time specified by COUNTY, COUNTY may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly upon Idemand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. If GRANTEE's facilities are removed from the current easement area, GRANTEE shall promptly quitclaim to COUNTY its interest in the vacated easement area. i 5. (a) Any and all COUNTY propegIy 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. I (b) 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 dor replace such facilities at GRANTEE's sole cost and expense. 6. Prior to any construction, installation, remodeling, repair, removal or otherwork within the Property, GRANTEE shall notify Co-users three (3) working days in advance of such activity. I 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 marki n gs 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 hereurider are subject to all existing and future rights, rights of way, reservations, franchises, licenses, and easements in the Property, regardless of who I 2 I I ' I holds the same, including the COUNTY's right to use the Property for any purpose. COUNTY shall have the right to irequire GRANTEE to modify, remove or relocate its facility in a timely manner at GRANTEE's sole cost as reasonably necessary to accommodate 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. i 9. (a) 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 land 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 orisole willful misconduct of the COUNTY, its officers or employees. i (b) 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 AGENCY related thereto. (c) 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,1 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 fogy 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 Proporty 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. 1 3 I i 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. i (d) To the extent permitted by law,i 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 ieasement, 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 extent that such activities have increased the costs attributable to the cleanup or remediation of such hazardous materials. i (e) The obligations contained i in this section shall survive the expiration or other termination of this grant of easement. i 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. I 11. In the event GRANTEE shall cease to use the easement hereby granted fora 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 dr 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 so to do, 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. i . 12. No rights granted hereunder shall be transferred or assigned without the prior written .consent of COUNTY. i i 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 4 ' I i parties or their respective successors in interest. . I 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 tothe interpretation of this grant of easement. I 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. I 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. I 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. I IN WITNESS WHEREOF, this Grantl of Easement is signed and executed this /iday of �,,Orv/ , 2006. I i CONTRA COSTA COUNTY CENTRAL CONTRA COSTA SANITARY DISTRICT I I By By Chair, o Supervisors President Board of Directors STATE OF CALIFORNIA ) COUNTY OF CQNTRA COSTA ) I / O /,', b ore me,6-P" Deputy Clerk of the Board of Supetvis9rs, Contra Posh County,personally,appearedJ �D" •� oXP2 4Z 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 within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and Ithat 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. I I WITNESS my hand and official seal. I I By: DeDLftVClerk I I I I I CP:eh G:\GrpData\RealProp\2006-Files\06-2\Corwin CCCSD Grant of Easement 41.doc 2/28/06 I 5 I I I i I I I I Parcel 1 CCCSD Job No. 5528 I I ,'Exhibit A I ' I I Being a portion of that parcel of land described in the deed from Southern Pacific Railroad to Contra Costa County recorded March 4, 1985 in book 12209 official records, page 180, as shown on that certain Record of Survey No. 2092 filed in Book 106 of Licensed Surveyors Maps at Page 4, Contra Costa County Records, more particularly described as follows: A strip of land 15 feet in width. The northwesterly line of which is described as follows: I . Beginning at the most northeasterly corner of that certain parcel of land described in the deed to Lawrence Jewik and Carole S. U. Jewik, recorded June 12, 2000 Series Number 2000-119779, Contra Costa County Records, Thence along the projection of the northerly line of said Jewik parcel, North 49°East, terminating along the westerly line of an (existing 13 feet wide subsurface C.C.C.S.D. easement described in 'Panel Forty-One" of "Exhibit One- Section One" in the deed to Central Contra Costa Sanitary District, recorded December 9, 1985 in Book 12652 of official records, Page 510 Contra Costa County Records. I The southeasterly line of the herein described 15 feet wide easement is parallel with and 15 feet southerly from the above described northwesterly line. i The northeastern and southwestern termini of said 15 feet strip of land shall coincide with the westerly lineI of said 13 feet wide subsurface C.C.C.S.D. easement (12652 O.R. 510) sand the easterly line of said Jewik parcel, respectively. I Attached hereto is a plat entitled 'Exhibit "B", which by this reference is made a part hereof. i I p SND F H F� ^y in,p I I I I I 1 r'ENTRAL CONTRA COSTA SANITARY INSTRICT I RIGHT OF WAY MAP FOR SEWER EXHIBIT "B " 1 1 ' I I I KODAMA 1 i 3 CORWIN DRIVE / I CROLL ► ! APN 198-131-004 1 I I 6213 OR 540 1 1 CORWIN DRIVE APN 198-131-030 j 14934 OR 833 i \ I D= 20'29'14" \ I R= 40.00' ri ; C p o \ 1 L 14.30' P.O.B. 1 1 o. \ I 1 I ) N49_00'00"E(R) _118.74_- 1 o� .8�s -----;--------- ----�- ---O\O SO 0.x0. S49'0000„W 20.2 1 , 115'11 - 1 1 z0o. p I =00'16'20 ; o co R=2864.56' r U1 I A= X34'30'46” L-14.03ol ; ; N o 1 R= 140.00' i r IL= 124.09' 1 I CV 1 11 GANT 4 CORWIN DRIVE 1 APN 198-131-029 1 1 JEWIK 2000-36054 11 2 CORWIN DRIVE i I ' 1 APN 198-13 ' II 2000-1 LAND SG9 I LEGEND 9/30/06 ® AREA DEDICATED TO 1 I IN 5452 " I CENTRAL CONTRA COSTA SANITARY DISTRICT DRAWN BY CHECKED BY CCCSD GRID# JOB hc20146 J.B. R.H. 77E6 5528 SCALE DATE I CO. ASSMT. N0, PARCEL 1"= 40' APRIL 2001 1