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Home My WebLink AboutRESOLUTIONS - 03091993 - 93-97 4 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 9, 1993, by the following vote: AYES: Supervisors Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: Supervisor Powers RESOLUTION NO. 93/97 (Gov. Code § 25526.5) SUBJECT: Conveyance of Easement to William and Jean Foskett Project No. 0662-6U4586 Alamo Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by deed recorded October 28, 1965, in Book 4982 at page 27 in Alamo, for road purposes. William and Jean Foskett have requested an easement over a portion of said property, described in Exhibit "A" attached hereto, to provide road access for the benefit of Subdivision 7725. Said interest in real property is DETERMINED to be surplus and no longer necessary for County or other public purposes and its estimated value does not exceed $10,000.00. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to William Walter Foskett, III and Jean Elizabeth Foskett, pursuant to Government Code Section 25526.5 and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the County in consideration for the payment received in full in the amount of $1,200, the estimated fair market value of the easement. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee. I hereby certify that this Is a tt o and correct copy -:0 an action taken and entered on the minutes of tl+e Board of Supervi on the date, shown. ATTESTED: �� _ �; /y y 3 PHIL BA-1 Ln— ,.urh of the 3oard of Supervisors a.-r.C aunty Adrninirtrator By - " ' / ateDuh Orig. Dept.: Public Works (RIP) Contact: Ronald Babst (313-2226) cc: Public Works Accounting Public Works Records Grantee (via R/P) Recorder (via RIP) RB:glo c:b26HTRd.t2 RESOLUTION NO. 93/9_ EXHIBIT "A" ACCESS AND UTILITY EASEMENT FOR PARCELS 'WAND "B" -- RECORD OF SURVEY (39 LSM 41) Portion of the Rancho San Ramon being a portion of Vernal Drive, a 50 foot wide private roadway, and being the easterly portion of the parcel of land described in the deed to Contra Costa County recorded November 28, 1965, in Book 4982 of Official Records at page 27. Records of Contra Costa County, State of California, further described as follows: BEGINNING at the northeast corner of the parcel of land described in the deed to Contra Costa County (Book 4982 OR page 27); thence leaving said Point of Beginning along the easterly line of said County parcel and the westerly line of Parcel "A" as shown on the Record of Survey filed February 2, 1966, in Book 39 of Land Surveyor's Maps at page 41, South 11035'30" East, 218.34 feet to the southeasterly corner of said County parcel; then leaving said westerly line of Parcel "A" along the southerly line of said County parcel; South 78024'30" west. 50.00 feet to the westerly line of Vernal Drive, a private road as shown on said Record of Survey; thence laving said southerly line parallel to the easterly boundary of said County parcel north 11 035'30" west, 210.84 feet to a point on the north line of said County parcel; thence along said north line north 69053'00" east, 50.56 feet to said Point of Beginning. The herein described 50 foot wide easement being bounded on the north by Livorna .Road and on the east by said Parcel "A", Record of Survey (39 LSM 41). Said easement is for the benefit of Parcels "A" and "B" as shown on said Record of Survey (39 LSM 41). RB:glo c:ACCEsm.t2 February 23, 1993 Recorded at the request of: Contra Costa County After recording return to: William Walter Foskett 100 Vernal Drive Alamo, CA 94,507 u - Access ESMt erna nve 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 California, hereinafter called COUNTY hereby grants to WILLIAM WALTER FOSKETT, III and JEAN ELIZABETH FOSKETT, hereinafter called GRANTEE, a nonexclusive right for use as a roadway for vehicles of al kinds, pedestrians, animals, and as a right of way for water, gas, oil and sewer pipelines, and for telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines for the benefit of Subdivision 7725 and for no other purposes whatsoever, over and under the described parcel of land situate in the unincorporated area of the County of Contra Costa, State of California, and described in Exhibit "A" attached hereto and made a part hereof. The foregoing grant is made subject to the following terms and conditions: 1. GRANTEE hereby acknowledges COUNTY's title to said lands and agrees never to assail or resist said title. 2. GRANTEE shall, prior to any construction or installation within the subject easement area, 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 COUNTY to GRANTEE. 3. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its facilities without first obtaining the prior approval of its plans by COUNTY. 4. Any and all COUNTY facilities, landscaping or miscellaneous improvements, removed or damaged as a result of GRANTEE's use of said lands shall be repaired or replaced equivalent to, or better than, their existing condition at the sole cost and expense of GRANTEE. In the event GRANTEE fails so to do, said work may be performed by COUNTY at the expense of GRANTEE, which expense GRANTEE agrees to pay to COUNTY promptly upon demand, including engineering costs and any legal fees incurred to collect said costs. 5. GRANTEE agrees that COUNTY assumes no responsibility for the construction, maintenance or repair of GRANTEE's facilities resulting from COUNTY's operations and use of said land. 6. Nothing herein contained shall be construed to prevent COUNTY from granting other easements over said lands or using said lands for any and all purpose, provided, however, that COUNTY shall not unreasonably prevent or obstruct GRANTEE's easement rights hereunder. 7. GRANTEE shall defend, indemnify, save, protect and hold harmless the COUNTY, its agents and employees, of and from any and all claims, demands, costs, damages, losses, arising directly or indirectly from or connected with actions, and liability for any damages, injury or death, including inverse condemnation, of the exercise by GRANTEE of the rights herein granted to it, including reasonable attorney's fees. 8. In the event the area described in Exhibit "A" attached hereto becomes part of a public roadway, these rights under this easement shall be automatically extinguished. 9. This easement is granted subject to encumbrances, licenses, leases, easements, restrictions, conditions, covenants, liens, claims of title, and restrictions of record and any prior rights held by others within said land, against which no warranty is made, and the word "grant" shall not be construed as a covenant against the existence of any hereof. GRANTEE shall defend, indemnify, save, protect and hold harmless County, its agents, officers and employees, from any claim, action or proceeding to attack, set aside, void or annul this easement. 10. 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 9th day of March , 19-2.L. GRANTOR: CONTRA COSTA COUNTY By Chair, Board of Supervisors STATE OF CALIFORNIA COUNTY OF CONTRA COSTA )SS. ACKNOWLEDGMENT BY PUBLIC ENTITY (C.C. § 1191, 1181, 1184) Tom Torlakson who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the above-styled officer(s) of the above-named public corporation, agency or political subdivision of the State of California; personally appeared before me today and acknowledged that said public entity executed ft. Dated: March 9. 1993 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By 6 't Deputy RB:glo c:EA7725.t2 February 4, 1993