HomeMy WebLinkAboutMINUTES - 06202006 - C.26 SE � �
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O: BOARD OF SUPERVISORS, AS GOVERNING
BOARD OF THE CONTRA COSTA COUNTY
Costa
FLOOD CONTROL AND WATER CONSERVATION
DISTRICT
�� --- CAti�� County
FROM: MAURICE M. SHIU, CHIEF ENGINEER S'A co6Kr
DATE: June 20, 2006
SUBJECT: Conveyance of Grant of Easement to Walnut Creek School District, Walnut Creek area. District IV
(CDD-CP# 01-38) Project No.: 7505-6F8356
Deerings Water Code,Uncodified Acts
Act 1656 § 31
Wests Water Code,Appendix 64-31
Government Code § 25526.6
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
A. RESCIND Resolution No. 2004/45 adopted by the Board on January 20, 2004 (Item CA) related to the
conveyance of an easement to the Walnut Creek School District for the construction/maintenance of a
pedestrian bridge.
B. ACCEPT Quitclaim Deed from Walnut Creek School District quitclaiming its interest in the above referenced
easement for the construction and maintenance of a pedestrian bridge.
C. APPROVE AND AUTHORIZE the conveyance of an easement to the Walnut Creek School District over the
property described in Exhibit "A" attached hereto, for the construction and maintenance of a pedestrian bridge,
pursuant to the above-referenced statutory authorities.
D. APPROVE AND AUTHORIZE the Chair, Board of Supervisors, to execute a Grant of Easement on behalf of
the Contra Costa County Flood Control and Water Conservation District(CCCFC&WCD).
E. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee.
Continued on Attachment: X SIGNATURE:
VRA{ MMENDATION OF COUNTY ADMINISTRATOR
w4kCOMMENDATION OF BOARD COMMITTEE
_,, - ROVE OTHER
14_/,.��.
SIGNAT'URE(S):
ACTION OF BOrISORS
O W -C
BOA AS RECOMMENDED OTHER
VOTE SUPER I hereby certify that this is a true and correct copy
UNANIMOUS(ABSENT) of an action taken and entered on the minutes of the
AYES: NOES: Board of Supervisors on the date shown.
ABSENT: ABSTAIN:
VLli�?y
G:\RealProp\2006-Files\Bos&Res 06\130 Walnut Creek School Dist Easentent.doc ATTESTED: +{
OR:RB:lad:je JOHN CULLEN, Clerk of the Board of
Orig.Div: Public Works(R/P) SupervisoIs and County Administrator
Contact: Olivia D.Reynolds(313-3306)
cc: County Administrator
Community Development By
0
I.Bergeron.Computer Services(via R/P)
T.Torres,Engineering Services(via R/P) Deputy
Grantee(via R/P)
Recorder(via R/P)
SUBJECT: Conveyance of Grant of Easement to Walnut Creek School District, Walnut Creek area.
District IV (CDD-CP# 01-38) Project No.: 7505-6178356
DATE: June 20, 2006
PAGE: 2
Fiscal Impact:
None.
Reasons for Recommendations and Background:
It is necessary to rescind Resolution No. 2004/45 due to an error in the language in Section 1 of the easement. The
primary use of the property by the CCCFC&WCD was incorrectly stated as a pedestrian bridge crossing (the primary
use should have stated for flood control purposes). The CCCFC&WCD requested the Walnut Creek School District to
quitclaim its interest in the incorrect easement so that the CCCFC&WCD can convey the corrected easement back to
the school district.
Consequences of Negative Action:
The primary use listed in the Easement will be incorrect.
Y
Recorded at the request of:
Flood Control and Water
Conservation District
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Olivia D. Reynolds
Portion of Assessor's Parcel No. 173-161-012
QUITCLAIM DEED
For Value Received, the WALNUT CREEK SCHOOL DISTRICT, a public entity,
Does hereby remise, release and forever quitclaim to CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State
of California,
the following described real property in the City of Walnut Creek, incorporated area of the
County of Contra Costa, State of California.
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
GRANTOR:
WALNUT CREEK SCHOOL DISTRICT
Date
ATTACH APPROPRIATE ACKNOWLEDGMENT
G:\GrpData\RealProp\2004-Files\04-9\DE 02 WC School District.doc
9/14/04
UNDERWOOD &
ROSENBLUM, INC.
civil engineers and surveyors PUBLIC PEDESTRIAN BRIDGE EASEMENT
LANDS OF CONTRA COSTA COUNTY FLOOD CONTROL
&WATER CONSERVATION DISTRICT
EXHIBIT "A"
9-23-03
All that certain real property situate in the City of Walnut Creek, County of Contra Costa, State of
California, described as follows:
Being a 20 foot wide strip of land, crossing through a portion of that certain 52 foot wide strip of land,
conveyed to Contra Costa County Flood Control&Water Conservation District, and described as Parcel
429, in that certain Deed, recorded on January 21, 1970, in Book 6049, Page 379, Contra Costa County
Official Records, being more particularly described as follows:
Beginning at the most northerly corner of Lands of Pacific Gas and Electric Company, as described in
that certain Deed, recorded on October 12, 1951, in Book 1839, Page 315, Contra Costa County Official
Records, said point also being a comer on the southerly line of Lands of Walnut Creek School District, as
described in that certain Deed, recorded on January 10, 1954, in Book 2416, Page 115, Contra Costa
County Official Records;
Thence, leaving said northerly corner of Lands of Pacific Gas and Electric Company, N 790 12' 02° E,
60.89 feet through said Lands of Walnut Creek School District to the centerline of the said 52 foot wide
strip of land known as Parcel 429;
Thence, northerly along the centerline of said Parcel 429, N 15°09' 13"W,71.05 feet,to the True Point of
Beginning of this description;
Thence, leaving said centerline line of Parcel 429, N 740 50'47"W,26.00 feet,to the westerly line of said
Parcel 429;
Thence, northerly along the westerly line of Parcel 429, N 150 09' 13"W,20.00 feet;
Thence, leaving said westerly line of Parcel 429, S 740 50'47".E, 52.00 feet,to the easterly line of said
Parcel 429;
Thence, southerly along the easterly line of Parcel 429, S 150 09' 13"E,20.00 feet;
Thence, leaving said easterly line of Parcel 429, N 740 50'47°W,26.00 feet,to the True Point of
Beginning of the Parcel being herein described.
Containing 1,040 square feet of land, more or less.
SAND
�'*.ROS4 o
v lG p
OFCpt.1
1630 Oakland Road,Suite A114 San Jose,CA 95131 Phone(408)453.1222 Fax(408)453-1207 www.uandr.com
EXHIBIT "B"
13 WALNUT CREEK SCHOOL DISTRICT
2416 O.R. 115
1-10-54
I1-�u APN 173-162-011
P.G. & E. in
1839 O.R. 315
10-12-51
APN 173-162-008 C
. . .
CCF.C. & W.C.D.
C.C.C.F.C. & W.C.D. PARCEL 314
PARCEL 429 5753 O.R. 426
POINT OF BEGINNING I 6049 O.R. 375
1-21-70 11_19-68
WAM CREEK SCHOOL DISTRICT 1. N74'50'47"E N15'09'13"W
2437 O.R. 559 N 1 26.00' 20.00'
12-12-54 p I C
co
alN
S15'09'1_YE Z 71.0_5' \o _
LON74'50'47"E N15'09'13"W 04LOI �-
26.00' DRAWING ED 342
do
TRUE POINT OF
S15'09'1 YE BEGINNING
20.00'
FPARCEL AREA= i
1,040 SQUARE FEET
C.C.C.F.C. & W.C.D. WALNUT CREEK SCHOOL DISTRICT
9430 O.R. 269 2333 O.R. 53
DRAWING ED 583.1 6-16-54
APN 173-161-012 LAND
ROSS.
Exp. 12-31-06 �c
No.
ofCN0
UNDERWOOD &
PEDESTRIAN BRIDGE EASEMENT Date: 9-23-03
RO S E N B L U M, INC. WfAIMT CREEK SCHOOL DISTRICT Scale 1"=60'
civil engineers and surveyors DWn by: MM
1630 Cakfand Road Ste. A114 San Jose,Co. 95131 )►AUT CREM
Td.No.(408)4531222 Fox No.(408)4531207 RVTMUML&TE SCHOOL Job No. J00008
WALNUT CREEK CALIFORNIA
ulrur."HU u a
: ROSENBLUM, INC.
civil engineers and surveyors PUBLIC PEDESTRIAN BRIDGE EASEMENT
LANDS OF CONTRA COSTA COUNTY FLOOD CONTROL
&WATER CONSERVATION DISTRICT
EXHIBIT "A"
9-23-03
All that certain real property situate in the City of Walnut Creek, County of Contra Costa, State of
California, described as follows:
Being a 20 foot wide strip of land, crossing through a portion of that certain 52 foot wide strip of land,
conveyed to Contra Costa County Flood Control&Water Conservation District, and described as Parcel
429, in that certain Deed, recorded on January 21, 1970, in Book 6049, Page 379, Contra Costa County
Official Records, being more particularly described as follows:
Beginning at the most northerly corner of Lands of Pacific Gas and Electric Company, as described in
that certain Deed, recorded on October 12, 1951, in Book 1839, Page 315, Contra Costa County Official
Records, said point also being a comer on the southerly line of Lands of Walnut Creek School District, as
described in that certain Deed, recorded on January 10, 1954, in Book 2416, Page 115, Contra Costa
County Official Records;
Thence, leaving said northerly comer of Lands of Pacific Gas and Electric Company, N 790 12' 02" E,
60.89 feet through said Lands of Walnut Creek School District to the centerline of the said 52 foot wide
strip of land known as Parcel 429;
Thence, northerly along the centerline of said Parcel 429, N 150 09' 13"W,71.05 feet,to the True Point of
Beginning of this description;
Thence, leaving said centerline line of Parcel 429, N 740 50'47"W,26.00 feet,to the westerly line of said
Parcel 429;
Thence, northerly along the westerly line of Parcel 429, N 150 09, 13"W,20.00 feet;
Thence, leaving said westerly line of Parcel 429, S 741,50'47"E, 52.00 feet,to the easterly line of said
Parcel 429;
Thence, southerly along the easterly line of Parcel 429,S 150 09' 13" E,20.00 feet;
Thence, leaving said easterly line of Parcel 429, N 740 50'47"W,26.00 feet,to the True Point of
Beginning of the Parcel being herein described.
Containing 1,040 square feet of land, more or less.
5�0 FANO
0.6395
OFGp�.,
1630 Oakland Road,Suite A114 San Jose,CA 95131 Phone(408)453.1222 Fax(408)453-1207 www.uandr.com
Recorded at the request of:
Walnut Creek School District
After recording return to:
Walnut Creek School District
960 Ygnacio Valley Rd.
Walnut Creek, CA 94596
Attention: Rich Lowell
A.P.N. 173-161-012
Walnut Creek Channel
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 FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political
subdivision of the State of California, (hereinafter "DISTRICT"), hereby grants to
the Walnut Creek School District, a public entity(hereinafter"GRANTEE"), a nonexclusive
right to a perpetual easement and right of way for installing, constructing, reconstructing,
removing, replacing, repairing, upgrading, maintaining, operating and using a bridge for
pedestrian purposes and incidents thereto across the Walnut Creek Channel, and
appurtenances thereto, and for no other purposes whatsoever, along and in all of the
hereinafter described parcel of land situated in the County of Contra Costa, State of
California, described as follows:
FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A" AND "B"
The foregoing grant is made subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to
this easement(hereinafter the"Property")is for Flood Control purposes. GRANTEE
acknowledges and agrees 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 primary use of the Property by the
DISTRICT, its successors and assigns. GRANTEE shall not, at any time, use or
permit the public to use the easement area in any manner that will interfere with or
impair the DISTRICT's primary use of the Property. GRANTEE shall not fence said
easement without the prior written approval of the DISTRICT, and shall remove any
fencing when requested by DISTRICT to do so. GRANTEE shall not otherwise
obstruct the easement area.
2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the
Property and agrees never to assail or resist said title.
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior
to any construction, reconstruction, remodeling, excavation, installation or plantings
within the easement area, submit specific plans and specifications to the DISTRICT
for review and approval. Such approval, together with any additional requirements
to be in the form of a written permit issued by DISTRICT to GRANTEE.
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(b) Normal maintenance by GRANTEE of its facilities within the easement area,
including inspection and cleaning of existing bridge, shall not require prior notice to
the DISTRICT. GRANTEE shall perform maintenance of its facilities so as to
prevent damage to the site.
4. MODIFICATION RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES:
DISTRICT reserves the right to require GRANTEE to modify its facilities,to relocate
said facilities within the easement area or, at DISTRICT's sole discretion,to remove
its facilities from the easement area at GRANTEE's sole expense. In the event that
GRANTEE fails to commence the required work within thirty days after being
directed to do so by DISTRICT, or such reasonable extension as DISTRICT may
agree to in writing, or fails to complete the required work within a time specified by
DISTRICT, DISTRICT may perform or complete the work at the expense of
GRANTEE, which expense GRANTEE agrees to pay to DISTRICT 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 DISTRICT its interest in the
vacated easement area.
5. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Property, facilities,
landscaping or other 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 DISTRICT's discretion and direction, be
repaired or replaced by DISTRICT, 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
the 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 days after being directed to do so by DISTRICT,or such reasonable extension
as DISTRICT may agree to in writing, or fails to complete the required work within a
reasonable time thereafter, DISTRICT may perform or complete the work at the
expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT
promptly upon demand, including but not limited to engineering costs and any legal
expenses incurred to collect such costs.
6. DAMAGE TO GRANTEE'S FACILITIES: DISTRICT shall have no responsibility for
the protection, maintenance, damage to, or removal of GRANTEE's facilities,
appurtenances or improvements,caused by or resulting from DISTRICT'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. Subject to the foregoing, if GRANTEE's properly marked, protected
and maintained facilities are damaged by the sole, active negligence or willful
misconduct of DISTRICT, DISTRICT shall repair the damage at its sole cost and
expense or, at the discretion of and upon written notice from DISTRICT, the
damage shall be repaired by GRANTEE and the pre-approved reasonable cost of
such repair shall be paid for by DISTRICT. Under no circumstance shall DISTRICT
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have any liability to GRANTEE or to any other person or entity,for consequential or
special damages, or for any damages based on loss of use, revenue, profits or
business opportunities arising from or in any way relating to, any damage or
destruction of any portion of the GRANTEE's facilities. GRANTEE hereby
acknowledges that its sole remedy for any damage to or destruction of any portion
of GRANTEE's facilities, to the extent DISTRICT is otherwise so liable under this
Grant of Easement, shall be to require DISTRICT to repair or replace the damaged
or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved
reasonable costs and expenses in repairing or replacing the damaged or destroyed
portion.
7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-
exclusive. This easement is subject and subordinate to all existing rights, rights of
way, licenses, reservations, franchises and easements of record, or that would be
evident from a physical inspection or accurate survey of the Property, in and to the
Property. DISTRICT shall have the right to require GRANTEE to modify, remove or
relocate its facility within the easement area or to a similar easement to be granted
to GRANTEE by DISTRICT at no cost, in a timely manner at GRANTEE's sole cost
as reasonably necessary to accommodate the DISTRICT's, or any other existing
user's right to construct, replace, enlarge, repair, maintain and operate its facilities,
in the same manner as required by Section 4 of this easement, including the rights
and remedies contained therein. GRANTEE agrees to take all precautions required
to avoid damage to the facilities of the existing users. If GRANTEE damages the
facilities or improvements of any existing user, GRANTEE shall repair or replace
such facilities at GRANTEE's sole cost and expense. Nothing contained herein shall
be construed to prevent DISTRICT from granting other easements, franchises,
licenses or rights of way over said lands, provided however, that said subsequent
uses do not unreasonably prevent or obstruct GRANTEE's easement rights
hereunder.
8. INDEMNIFICATION,AS-IS CONDITION OF PROPERTY: (a) In the exercise of all
rights under this easement, GRANTEE shall be responsible for any and all injury to
the public, to persons and to property arising out of or connected with GRANTEE's
use of the Property. GRANTEE shall indemnify, defend, save, protect and hold
harmless, DISTRICT, 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 the granting of this
easement , GRANTEE's operations,acts or omissions pursuant to this easement,or
the GRANTEE's use of the easement, save and except Liabilities arising through
the sole negligence or sole willful misconduct of the DISTRICT, its officers or
employees. GRANTEE acknowledges that Property subject to this easement is in a
flood control area. GRANTEE agrees that GRANTEE shall never have, claim or
assert any right or action against DISTRICT or the County of Contra Costa in the
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event of damage to or disruption of GRANTEE's facilities caused or contributed to
by flooding or water, and shall indemnify, defend, save, protect and hold DISTRICT
harmless from all Liabilities resulting from such damage or disruption.
b. GRANTEE further agrees to defend, indemnify, save, protect and hold harmless,
DISTRICT 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 DISTRICT related thereto.
c. GRANTEE accepts the easement area in an "as is" physical condition, with no
warranty, guarantee, representation or liability, express or implied on the part of the
DISTRICT as to any matter, including but not limited to the physical condition of the
Property and/or 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 and is
not relying in any manner on any representation or warranty by DISTRICT.
GRANTEE agrees that neither GRANTEE, its heirs, successors or assign shall ever
claim have or assert any right or action against DISTRICT 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 DISTRICT 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
DISTRICT whose activities are a cause of any discharge, leakage, spillage or
emission of hazardous materials on or to the Property.
d. To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect
and hold the DISTRICT 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
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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 to by GRANTEE's operation or performance under this easement, or
GRANTEE's use, release or disposal of any hazardous substance, including all
costs, claims, damages (including property and personal injury) 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 increase the costs
attributable to the cleanup or remediation of such hazardous materials.
e. The obligations contained in this section shall survive the expiration or other
termination of this easement.
9. NO WARRANTIES: GRANTEE understands and acknowledges that DISTRICT
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
DISTRICT.
10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein
continuously for a period of one year, or in the event GRANTEE abandons 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 thereupon cease and terminate and
shall immediately revert to and vest in DISTRICT or its successors. Upon any such
termination of GRANTEE's rights, GRANTEE shall, upon request by DISTRICT, and
at GRANTEE's sole cost and expense, remove all of its facilities from the easement
area and restore said Property to its original condition. Upon the failure of
GRANTEE to do so, this work may be performed by DISTRICT at GRANTEE's
expense, which expense GRANTEE agrees to pay to DISTRICT upon demand.
GRANTEE shall execute any Quitclaim Deeds required by DISTRICT in this regard.
11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be
transferred, apportioned or assigned without the prior written consent of DISTRICT.
12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe
that access or other secondary rights are conveyed by this document over any of
DISTRICT's adjacent lands lying outside of the aforesaid strip of land above
described.
13. ENTIRE AGREEMENT: 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.
14. CONSTRUCTION: 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
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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.
15. SUCCESSORS AND ASSIGNS: 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.
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 20th day of
JUNE , 200,6 .
CONTRA COSTA COUNTY FLOOD GRANTEE
CONTROL & WATE CONSERVATION
DIS CT
By ByL� / G, ✓
Chi Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
onTUNE 20, 964"me, EMY L. SHARP
Deputy Clerk of the Board of Supervisors, Contra Costa
County, personally appeared SUP JOHN GIOIA
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.
By:
Deputy Clerkif
Form Approved (07/99)
Silvano Marchesi, County Counsel
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...........
U11UrnVVUUU of
ROSENBLUM, INC.
civil engineers and surveyors PUBLIC PEDESTRIAN BRIDGE EASEEMENT
LANDS OF CONTRA COSTA COUNTY FLOOD CONTROL
&WATER CONSERVATION DISTRICT
EXHIBIT"App
9-23-03
All that certain real property situate in the City of Walnut Creek, County of Contra Costa, State of
California, described as follows:
Being a 20 foot wide strip of land, crossing through a portion of that certain 52 foot wide strip of land,
conveyed to Contra Costa County Flood Control&Water Conservation District, and described as Parcel
429, in that certain Deed, recorded on January 21, 1970, in Book 6049, Page 379, Contra Costa County
Official Records, being more particularly described as follows:
Beginning at the most northerly corner of Lands of Pacific Gas and Electric Company, as described in
that certain Deed, recorded on October 12, 1951, in Book 1839, Page 315, Contra Costa County Official
Records, said point also being a comer on the southerly line of Lands of Walnut Creek School District, as
described in that certain Deed, recorded on January 10, 1954,in Book 2416,Page 115, Contra Costa
County Official Records;
Thence, leaving said northerly comer of Lands of Pacific Gas and Electric Company, N 790 12' 02" E-=,
60.89 feet through said Lands of Walnut Creek School District to the centerline of the said 52 foot wide
strip of land known as Parcel 429;
Thence, northerly along the centerline of said Parcel 429, N 150 09' 13"W,71.05 feet,to the True Point of
Beginning of this description;
Thence, leaving said centerline line of Parcel 429, N 740 50'47"W,26.00 feet,to the westerly line of said
Parcel 429;
Thence, northerly along the westerly line of Parcel 429,N ISO 09' 134 W,20.00 feet;
Thence, leaving said westerly line of Parcel 429, S 740 50'47"E, 52.00 feet,to the easterly line of said
Parcel 429;
Thence, southerly along the easterly line of Parcel 429, S 150 09,13"E,20.00 feet;
Thence, leaving said easterly line of Parcel 429, N 740 50'470 W,26.00 feet,to the True Point of
Beginning of the Parcel being herein described.
Containing 1,040 square feet of land, more or less.
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1630 Oakland Road,Suite A114 San Jose,CA 95131 Phone(408)453-1222 Fax(408)453-1207 www.uandr.com