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Home My WebLink About02. (handout) Vance easement(Ha rid ca� a 6 Sept. 19, 2011 Lisa Robertson Chris Carpenter Nancy Molina Stephanie Gronlund Right of Way Department Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 -4392 RE: Easement Purchase Walnut Creek Sewer Renovations Project Phase 6 1973 -1977 Dora Avenue, Walnut Creek APN: 178 - 010 - 028 -3; DP5972 Owner: Culver and Beverly Williams Dear Central Contra Costa Sanitary District: This letter is to follow up on my recent conversations with Lisa Robertson regarding the purchase of a sewer easement from Culver and Beverly Williams relating to their property at 1973 -1977 Dora Avenue in Walnut Creek. Back rind In September of 2008 Central Contra Costa County Sanitary District replaced the sewer line on Dora Avenue. The Williams' property is located at the end of Dora Avenue. No Right of Entry Agreement was ever signed or agreed to by the Williams to allow access to their property. The contractor working on the project entered the Williams' property and dug a hole in the middle of the their driveway approximately 10 feet long x 3 feet wide x 8 feet deep. The contractor did not have permission to enter the Williams property nor did he have permission to dig. Raw sewerage collected in the bottom of the hole for about 2 weeks. (See Enclosed Photos - Exhibit A.) CCC Sanitary District proceeded to install a man hole in the middle of the Williams' driveway without authorization. (See Enclosed Photos - Exhibit B.) The Williams' property has sustained damages as a result of the work done by the CCC Sanitary District and the sewer contractor. Furthermore, CCC Sanitary District has no right to enter the Williams property to maintain or repair the sewer line /man hole placed on the Williams' property. CCC Sanitary Districts actions and work constitutes a continuing trespass on the Williams' property. Sewer Easement Sale /Purchase In September of 2008, Molly Mullin, Senior Right -of -Way Agent for CCC Sanitary District contacted the Williams and offered to purchase a sewer easement approximately 17 feet wide by 32 feet long for $15,000. (See Enclosed Easement Purchase Agreement - Exhibit C.) The Williams are now prepared to sell a sewer easement to the CCC Sanitary District 17 feet wide by 26 feet long for $12,187.50. If you have any questions regarding the above, please give me a call. Sincerely, Vance Williams For Culver and Beverly Williams P.O. Box 4743 Walnut Creek, CA 94596 -0743 (925) 280 -9880 � t r t , �;' c,ti 44 . 4". i i A � , 1 i 4 LLl�xi ii a ji LL , Ir - m M IFU, " s . .i7 t-- sp Ir 67 - m M IFU, " s . .i7 t-- i Y oz 4 .r f_.,Z-' _ qtr G_ �F ; � ••Yl�� ( I � q1 �� - .f r.. 'FS�s' ' �..(f �� `�+Y•.�x'1: / `t r1L ,. ^• a � j�`t`9�i•.4 `' t 1 .`F.i o*�� ", � `< i. .y 1��4t f� ♦G► ;� ?� �' .•ryia, rs '� j� ♦ t�Mr( -r ! ,i}d t � ` i�iY+ ��jl, ` Iv ��}�t J, L � °f i �� eS ', .?'mow r,. o 'L` l�P. ! • F" r a t ,'i -• ,, r .r 't At v��`- 1 :T k �_ `. r C,. .�:• .•fit f9-'�j C ti .; `WS,t Z'fi'•r.1 . ti t. ti Mk IP �,• � eF. .,. ' .lit, '7r 7 .#�- �� e7'i v r �� . .1 n ;ilk:! ` .,; t ° ��,' t. rr !✓ / • '"F �: 1�, -~ •y� I t� rN Of J'V ql IT Z", Af OWNER: Culver L. Williams, Jr. and Beverly J. Williams, Trustees APN: 178 - 010 -028 Address: 1973 Dora Avenue, Walnut Creek Project Name: Walnut Creek Sewer Renovations Phase 6 District Project 5972 September 22, 2008 CENTRAL CONTRA COSTA SANITARY DISTRICT Easement Purchase Agreement This Easement Purchase Agreement ( "Agreement ") is made and entered into as of the dates hereinafter affixed, by and between CULVER L. WILLIAMS, JR. AND BEVERLY J. WILLIAMS, TRUSTEES, WILLIAMS TRUST, DATED OCTOBER 3, 1990 ( "OWNER ") and CENTRAL CONTRA COSTA SANITARY DISTRICT, a California special district ( "DISTRICT "). In consideration of the terms and conditions set forth in this Agreement, it is mutually agreed as follows: 1. Entire Agreement: The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the easement rights described herein, and shall relieve the DISTRICT of all further obligations or claims regarding said consideration. 2. OWNER shall: A. Deliver to DISTRICT a properly executed Grant of Easement document (suitable for recording) conveying from OWNER to DISTRICT a seventeen foot (17') wide perpetual easement as set forth in Exhibit "1" attached hereto and made a part hereof by this reference. B. Complete a U.S. Internal Revenue Service W -9 form and deliver to the District with this signed "Easement Purchase Agreement ". C. Permit District, its contractors, subcontractors and permitees reasonable access to stage materials and complete any necessary construction contract work and restoration work. 3. DISTRICT shall: A. Pay the compensation ($12,500) and settlement ($2,500) amount of Fifteen Thousand Dollars ($15,000) in two installments: the first installment of $7,500 upon DISTRICT receipt from the OWNER of the signed Agreement, and the W -9 form required in Item 2.B. The balance to be released upon District Board approval of the properly executed and notarized Grant of Easement required in Item 2.A. B. Restore and replace any other surface or subsurface improvements damaged or removed as a result of the construction of the proposed public improvement to a condition substantially equal to or better than their preconstruction condition. C. If it becomes necessary due to a reasonable change from the as- designed location of the public sewer on the OWNER's property proposed by the DISTRICT and accepted by the OWNER during construction of the work (such acceptance not to be unreasonably OWNER: Culver L. Williams, Jr. and Beverly J. Williams, Trustees APN: 178 - 010 -028 Address: 1973 Dora Avenue, Walnut Creek Project Name: Walnut Creek Sewer Renovations Phase 6 District Project 5972 September 22, 2008 withheld), the District will prepare a revised legal description of the sewer easement after the completion of the installation of the sewer line, thereby guaranteeing that the as -built location of the sewer is within the easement. The as- designed location of the easement is shown schematically on the attached map identified as Exhibit "2 ". Any revised legal description shall be substituted for the original legal description included as Exhibit "A" to the Grant of Easement referenced above (Exhibit A to this Agreement) after acceptance by the OWNER and prior to recording. The District will record the Grant of Easement with the Contra Costa County Recorder. 4, Indemnification: To the fullest extent permitted by law, DISTRICT shall indemnify, defend and hold harmless OWNER, from and against all claims, damages, losses, liabilities and expenses, including but not limited to attorneys' fees, arising out of or resulting from the DISTRICT's use of OWNER's lands hereunder, provided that any such claim, damage, loss, liability, or expense is (1) attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting there from, and (2) caused in whole or in part by any negligent act or omission of the DISTRICT, its employees, contractors, subcontractors, or agents, whether engaged directly or indirectly by the DISTRICT. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity, which would otherwise exist as to any party or person described in this Article. This indemnity does not extend to damage, loss, liability or expense caused by OWNER's active negligence or willful misconduct. 5 Right of Possession: It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this Agreement, the right of possession and full enjoyment of the permanent easement by DISTRICT shall be coincident with the execution of this Agreement. 6 Binding on Successors and Assigns: This Agreement and the terms and conditions of the Grant of Easement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Agreement. 7. No Leases: OWNER warrants that there are no oral or written leases on any portion of the property that will affect the OWNER'S ability to grant the easement, or will impact the District's use of the easement to be acquired. OWNER further agrees to hold the DISTRICT harmless and reimburse DISTRICT for any losses and expenses occasioned by reason of any lease of said property held by any tenant of OWNER. OWNER: Culver L. Williams, Jr. and Beverly J. Williams, Trustees Project Name: Walnut Creek Sewer Renovations Phase 6 District Project 5972 September 22, 2008 8. Approval of DISTRICT: APN: 178- 010 -028 Address: 1973 Dora Avenue, Walnut Creek OWNER understands that this easement purchase is subject to the approval of DISTRICT's Board of Directors. 9. Authority to Sign: OWNER represents and warrants that the signatory(s) to this Agreement is /are authorized to enter into this Agreement on behalf of OWNER and that no other authorizations are required to implement this Agreement on behalf of OWNER. 10. Counterparts Signature: This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts' signatures shall constitute one agreement. (As used above, the term, "OWNER" shall include the plural as well as the singular number.) IN WITNESS WHEREOF, the parties have executed this Agreement the day and year written below. District Date Jarred Miyamoto - Mills, Principal Engineer Owner By: Culver L. Williams, Jr., Trustee Date: By: Beverly J. Williams, Trustee Date: NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED RECORDING REQUESTED BY: CENTRAL CONTRA COSTA SANITARY DISTRICT AFTER RECORDING RETURN TO: CENTRAL CONTRA COSTA SANITARY DISTRICT ENVIRONMENTAL SERVICES DIVISION 5019 IMHOFF PLACE MARTINEZ, CA 94553 -4392 EXHIBIT 111" <Not for Signing> District Project No. 5972 Parcel No. 9 APN: 178- 010 -028 GRANT OF EASEMENT (SEWER PURPOSES) For good and valuable consideration, CULVER L. WILLIAMS, JR. AND BEVERLY J. WILLIAMS, TRUSTEES, WILLIAMS TRUST, DATED OCTOBER 3, 1990 hereinafter "Owner"), being the present title owner of record of the parcel of land described in Exhibit "A" (written legal description), attached hereto and by this reference made a part hereof, does hereby grant to the Central Contra Costa Sanitary District (hereinafter "District "), a special district of the State of California, and its successors or assigns, a seventeen foot wide (17') nonexclusive subsurface easement and a nonexclusive surface easement (characterized as easements in gross for all purposes of this grant), for the right to construct, reconstruct, renew, alter, operate, maintain, replace (with the initial or any other size) and repair such sewer line or lines as the District shall from time to time elect for conveying sewage, and all necessary maintenance access structures, laterals and appurtenances thereto, over and within such easement area as is described in said Exhibit "A" and shown on Exhibit "B" (plat), attached hereto, together with the free right of ingress, egress and emergency access to said easement over and across the remaining portion of the Owner's property, provided that said rights of ingress, egress and emergency access shall be limited to established roadways, pathways, avenues or other routes to the extent possible and as reasonably necessary for the proper use of the rights granted herein. This grant of easement also includes the right to clear obstructions, permanent structures, and vegetation from the easement as may be required for the proper use of the other rights granted herein. The Owner reserves the right to landscape or make such other use of the lands included within the easement which is consistent with the District's use; however, such use by the Owner shall not include the planting of trees or construction of permanent structures, including but not limited to houses, garages, car ports, outbuildings, swimming pools, fountains, ponds, artificial streams, retaining walls requiring building permits (three feet or greater in height) or having pier foundations or spread footings greater than eighteen- inches wide by twelve- inches thick, decks, barbeques, or other structures within or over the easement, or any other activity which may interfere with the District's full enjoyment of the easement rights granted herein. Whenever any improvements, including but not limited to driveways, walkways, or patios are removed or damaged by the District's or its contractor's use of the easements granted herein, such improvements will be repaired or replaced by the District (only to the extent actually removed or damaged) to a condition substantially equal to or better than their condition prior to such work. Maintenance access structures (manholes, rodding inlets, etc.) constructed within the easement shall not be covered by earth or other material and shall remain in an exposed and accessible condition at all times for routine and/or emergency maintenance that may be deemed necessary by the District from time to time. The provisions of this grant shall inure to the benefit of and be binding upon the heirs, successors, assigns, and personal representatives of the respective parties. In witness whereof, Owner executed this instrument on this , 20 OWNER <Exhibit Only - not for signing> Culver L. Williams, Jr., Trustee Beverly J. Williams, Trustee "ATTACH NOTARY STATEMENT" day of P: \Public \Rota \Walnut Creek Projects \Walnut Creek 6 \1973 Dora Ave \Sample Grant of Easement Williams.doc EXHIBIT "A" LEGAL DESCRIPTION Permanent Sanitary Sewer Easement (DP 5972; APN: 178 - 010 -028) That certain Parcel of land situate in the city of Walnut Creek, county of Contra Costa, state of California, being a portion of the land described in the grant deed recorded in the office of said county recorder, December 19, 2002, document number 2002- 0487021 which is also a portion of Lot 7, as shown on the map entitled "Del Hambre Map No. 1 Terrace", filed September 10, 1912, in Map Book 8, Page 181 in the office of said county recorder, included within a strip of land 17 feet wide, measured from the northerly property line, with the most northerly line described as: Beginning at the most northerly northeast corner of said parcel (document number 2002 - 0487021); thence South 780 46' 30" West, 32 feet. The easterly sideline of said strip of land shall be lengthened or shortened so as to terminate on the southeasterly property line of said parcel (document number 2002- 0487021). The bearing and distance of the easterly limit is South 270 43' 15" East, 17.72 feet. The westerly sideline of said strip of land shall be parallel to said southeasterly property line. CONTAINING: 544 square feet, more or less. A plat entitled Exhibit "2" that shows the above - described easement is attached hereto and by this reference is made a part hereof. END DESCRIPTION Assessor's Parcel No. 178 - 010 -028, commonly referred to as 1973 Dora Avenue, Walnut Creek, California