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Ordinance 2890CITY OF ALAMEDA ORDINANCE NO. 2890 New Series APPROVING NECESSARY EASEMENTS FOR NAVAL AI STATION (NAS) ALAMEDA REPLACEMENT W ASTEW ATER INTERCEPTOR SYSTEM PROJECT WHEREAS , in May 19991 , the City Council authorized the City Manager to enter into an agreement with the Port of Oakland and East Bay Municipal Utility Distrct (EBMU) for the design of the Alameda Point Estuary Sewer Relocation project also known as Naval Air Station (NAS) Alameda Replacement Wastewater Interceptor System Project hereinafter referred to as "Project" and WHEREAS , March 7 , 2000 , City Council meeting, the City Council authorized the City Manager to enter into an agreement for construction of these facilities; and WHEREAS , the Proj ect benefits the City of Alameda by reducing the risk of marine rupture and improving the sewer infrastructure for Alameda Point; and WHEREAS , the facilities have been constrcted in a maner satisfactory to EBMU and the City of Alameda; and WHEREAS, EBMU has agreed to own , operate and maintain the Project , provided the City quitclaims its ownership in all the real estate associated with NAS Pump Station #1 and provide permanent easement for the discharge pipeline to EBMUD; and WHEREAS , the property associated with the NAS #1 Pump Station is within State Tidelands jurisdiction , and the City has not yet acquired ownership from the Navy, which prevents the City from quitclaiming to EBMU; and WHEREAS the City can provide EBMU a long-term , temporary easement for NAS Pump Station #1; and WHEREAS the City had previously recorded an easement for the Discharge Pipeline which requires modification to meet "as-built" conditions. NOW , THEREFORE BE IT ORDAID by the City Council of the City of Alameda that: Section 1.The City Council of the City of Alameda hereby approves the revised easement for the Discharge Pipeline , and the temporary 66 year easement for NAS Pump Station # 1 , as described in the attached exhibits. Section 2 . This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Council Attest: tel;' Lara Weisiger ler City of Alameda RECORDING REQUESTED BY East Bay Muncipal Utility Distrct A.ND WHN RECORDED MAI TO East Bay Muncipal Utility Distrct Post Offce Box 24055 Oakand , Californa 94623Att: Real Estate Servces Stephen J. Boeri SPACE ABOVE THIS LI\TE FOR RECORDER'S USE GRA"lT OF EASEMENT THS INENTU , made by and between CITY OF ALAMEDA , a muncipal corporation, hereinafter called the Grantor, and EAST BAY MUCIPAL UTILIT DISTRCT, a public corporation organed and existig under the laws ofthe State of Californa, hereinafter called the Grantee \VTNESSETH: THT the Grantor, for a good and valuable consideration. the receipt and sufficiency whereof are hereby acknowledged, hereby grants to the Grantee and to its successors and assign a perpetual , non-exclusive easement and right- of-way for the purose of layig down constrctig, reconstrctig, removing, replacing, reairg, maintaing, operating and using, as the Grantee may see fit , for the trmission and distrbution of water and for the transmission of wastewater , a pipe or pipelines and all necessary braces , connections , fastenigs and other appliances and fixtues including underground telemetr and electrcal cables for uSe in connection therewith or appurenant thereto , in, under , along and across that certain real propert descnoed in Exhbit "A" attached hereto and made a part hereof. TOGETHR with the right of ingress to and egress from said right-of-way and the right at all times to enter in , over and upon said right-of-way and every par thereof and also to use said right-of-way for all puroses connected with the layig down constrctig, reconstrctig, replacing, removig, repairg, maintaing, operatig and using said pipe or pipelines. The GrantorandtheGrantor s heirs , successors orassign shall norplace or pennno be placed on said right-of-way any buiding or strctue , includig .butnof lited to houses , garages , outbuidigs swig pools , tenns cour , retaing walls , decks , and patios nor donor allow to be done anytg which may interfere with the fu enjoyment by the Grantee of the rights herein grted. Grantee agrees to hold Grantor haess from all liabilty arsing out of the Grantee s use of ths easement. Grantee shall also indemn Grantor for any loss sufered as a result of Grantee s operation or performce under th agreement. The above paragrph notwthtandig Grantor reserves the right to landscape the easement area in a maer consistent with the Grtee s use; however, such use by Grantor shall not include the plantig of trees nor a change in the existig surace elevation (grde) of the easement area by more th one (1) foot without fIrst having prior wrtten consent of the Grantee. The Grantee agrees tht said pipe or pipelies shall be constrcted and maintained at a depth of at least th-six (36) inches below the present surace of the ground. The Grantee agrees upon the completion of any of its works hereunder to restore the surace of the ground to the condition in which it was prior to the commencement of said work. TO HAVE AN TO HOLD , all and singuar, the rights above desGnoed unto the Grantee and the Grantee successors and assign forever. IN WISS WHREOF , the Grantor has executed ths indentue ths day of GRAOR 2003. fjjJrovea cL . -j (/ iV -- '/ /r- .- Asst. CITY ATTORNEY S2-284.ll.DOC By: City of Alameda EXHIBIT " All that land situate in the City of Alameda , County of Alameda , State of California , described as follows: Being all of that "Pump Station and Discharge Pipeline Easement - Parcel B - APN 074-0890-001" as described in the Grant of Non-Exclusive Easement from the United States of America to the City of Alameda , in the document recorded May 23 2000 , Series No. 2000-155062 , Official Records of said County, and a portion of that land formerly known as the Alameda Naval Air Station , more specifically described as Tract 1 in the Judgment to the United States of America , recorded February 8 , 1943 , in Book 4333 of Offcial Records , at page 246 , and described as Parcel 1 in the Quitclaim Deed to the United States of America , recorded March 11 , 1931 , in Book 2536 of Offcial Records at Page 366 , and of Parcel NO.1 of Executive Order No. 7467 , dated October 1 , 1936 , filed October 8 , 1936 , in National Archives , by act of President Franklin D. Roosevelt , transferring said parcel to the control of the Secretary of the Navy, subsequent to the Grant Deed from the City of Alameda to United States of America , dated June 16 , 1932 , and recorded August 1 , 1932 , in Liber 2838 , Page 216 , of Offcial Records of Alameda County, California , all more particularly described as follows: Beginning at a point on the south line of the "Permanent Pipeline Easement - Parcel A - APN 074-0890- 001", as said Easement is described in said Granttothe City of Alameda (Series No. 2000-155062), said point being at the most westerly terminus of that certain course "North 74 11' West 92.21 feet", as described in said Grant; thence on a prolongation of said course North 74 11'West , 25.45 feet; thence South 5 00'00" West , 105.53 feet to a point on the boundary line of said "Pump Station and Discharge Pipeline Easement - ParcelS - APN 074-0890-001" (Series No. 2000-155062); thence along said boundaryJinethe following courses: (1 ) North 85 00'00" West , 39.35 feet; (2)South 5 00'00"West 218.00 feet; (3) South 85 00'00" East , 25.00 feet; (4) South 2 00'00" East , 194.31 feet toapointon a curv on the north side of a roadway, concave northerly, having a radius of 70.00 feet and from which point a line radial to said curve bears North 7 18'54" West; (5) easterly along the north line of said roadway and said . curve 31.88 feet; (6) leaving said roadway North 2 00'00" West , 180.67 feet; (7) South 00'00" East , 44.77 feet; (8) North 5 00'00" East , 193.32 feet; (9) North 40 00'00" West , 8.03 feet; (10) North 5 00'00" East, 95.54 feet; (11) North 48 27'00" East, 21.56 feet , more or less , to said south line of said "Permanent Pipeline Easement - Parcel A"; and (12) along said south line , North 74 11' West , 45. feet to the Point of Beginning. Containing 32 988 sq. ft., more or less. All as shown on "Exhibit B", attached hereto and made a part hereof. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION , IN C ANCE WITH THE LAND SURVEYORS ACT , IN ,2002. LS 5981 HIJob-200\ 7 50 78newlNASILegalslPumpSlatlon. doc EASTBA Y MUNICIPAL UTILITY DISTRICT - OFFICIAL BUSINESS DOCUMENT REQUIRED TO BE RECORDED UNDER GOVERNMENT CODE SECTION 37393 , AND ENTITLED TO FREE RECORDATION UNDER GOVERNMENT CODE SECTION 27383 RECORDED ON BEHALF OF AND WHEN RECORDED RETURN TO: East Bay Municipal Utility Distnct Post Office Box 24055 Oakland , C A 94623 Attn: Real Estate Services/So Boeri Space above this line for recorder s use Grant of Temporary Easement THIS INDENTURE , made the day of 2002, between the CITY ALAMEDA, a municipal corporation ("Grantor ) and the EAST BAY MUNICIPAL UTILITY DISTRICT , a municipal utility district ("Grantee WHEREAS , Grantor owns a pern1anent easement over that certain real property situated in the City of Alameda , County of Alameda , State of California , being a portion of the parcels of land described in Exhibit A of that certain "Grant of Non-Exclusive Easement " deed recorded April 27, 2000 , as Document Number N624 7400RPOOB 13 in the offce of the Alameda County Recorder from the United States of A merica , acting through its Department of the Navy; and WHEREAS , a portion of the lands over which such pen11anent easement runs are subject to the restrictions of the Public Trust for Commerce , Navigation and Fisheries ("Tidelands Trust ); and WHEREAS , the Grantor has a leasehold interest , and anticipates eventual conveyance of the property identified as the former Alameda Naval Air Station ("Installation WHEREAS , Grantor , in accordance with the March 7 , 2000 Agreement for Construction of Naval Air Station Alameda Replacement Wastewater Interceptor System Project is required to provide the Grantee an easement for the construction , installation , maintenance , operation , repair rehabilitation , replacement and inspection of the existing forn1erly Navy owned Pump Station No. and appurtenant sewer transmission and service lines. NOW THEREFORE , The City of Alameda , a municipal corporation , acting by and through its City Council ("Grantor ), for good and valuable consideration , the receipt and adequacy of which are hereby conclusively acknowledged , hereby grants to the East Bay Municipal Utility District , a municipal utility district , acting by and through its Board of Directors ("Grantee ), a non-exclusive temporary easement over all that certain real property situated in the City of Alameda , County of Alameda , State of California , known as Parcel B of the parcels ofland described in Exhibit A of that s2-3.J Ol.doc certain "Grant of Non-Exclusive Easement " deed recorded April 17, 2000, as Document Number N624 7400RPOOB 13 in the office ofthe Alameda County Recorder. attached hereto and incorporated by reference (the "Temporary Easement Property ). This grant is subject to the following: 1. The easement hereby granted may be used, 24 hours a day every clay, by Grantee. Gramee s successors and assigns, and by the contractors , pell1ittees , licensees and lessees of Grantee , solely for the purposes of the construction, installation. operation, maintenance , repair, replacement , rehabilitation, relocation ancl inspection of a sanitary sewer line , water line ancl of Pump Station No.1 including all appurtenant braces, connections , fastenings ancl other appliances and fixtures including underground telemetry and surface manholes and valves within the easement area , such easement being on that portion of the City of Alameda hereinafter called the "Premises and described in Exhibit A" and shown on Exhibits "B" and ", attached hereto and made a part hereof. Under no circumstances shaH Grantee use the Premises for a LIse inconsistent with the Tidelands Trust. 2. The easement hereby granted shall terminate sixty-six (66) years from the clate this instrument is recorded. Grantee s right to use this easement is conditioned on the Grantee s !rst recording this instrument. 3. All work in connection \vith the operation , repair , replacement , rehabilitation and inspection of the sanitary sewer line, Pump Station No. I and the appurtenant sewer and utility services , which is initiated after the acceptance of this easement and after completion of the Pump Station Rehabilitation under Grantee s projectnumberSD-247 shall be done without cost or expense to the Grantor. 4. Grantee shall maintain the Premises including the Sanitary Sewer Line , Pump Station and water line in good condition at . all times , and shall promptly make repairs thereto that are necessary for the preservation of the condition of the Premises and the continued operation and maintenance of the Sanitary Sewer Line and Pump Station. Grantee shall have no obligation to operate or maintain the premises or any.pOliion thereof upon tem1ination of this easement. 5. The Grantee agrees upon completion of any of its work to maintain the surface of the easement area free and clear of debris and maintain the surface of the easement area in a neat and clean manner. 6. This easement is made subject to all covenants reservations , easements , restrictions and rights , recorded or unrecorded , including but not limited to the specific easements , reservations rights and covenants described herein and to any facts which a physical inspection or accurate survey of the Premises may disclose. Grantee is fully responsible for ascertaining the existence and location of any such encumbrances affecting the Premises, In addition , the Grantee s rights hereunder shall be subject to such reasonable rules and regulations as may be prescribed by the Grantor to assure that the exercise of such rights will not interfere with Grantor s activities at the Installation , but only to the extent such rules and regulations do not interfere with Grantee s construction , installation operation , maintenance , repair , replacement , rehabilitation , relocation , and inspection ofthe sanitary sewer line , water line and Pump Station No. ,2-01 doc 7. Allor any part of this easement may be terminated upon fatlure by Grantee to comply with any of its terms and conditions; upon abandonment of the rights granted herein; or upon nonuse of such rights for a period of twelve (12) consecuti\e months. 8. I f the Grantee s use 0 f the PremIses hereunder is found at any ti me to have caused environmental contamination to the Premises. or land adjacent thereto , Grantee win be responsible for correcting the contamination problem caused by the Grantee and will bear the full cost and expense thereo f. The ten11 0 f this easement shall not alter Grantee s rights under the Comprehensive Environmental Response , Compensation and Liability Act , Section (120)(h)(3)(C) codified as 42 U.sc. Section 9620(h)(3 )(C), as amended or under Public Law 102-484 , Section 330 as amended. 9. Grantee will , at all times during the tern1 of this easement , promptly observe and comply, at its sole cost and expense, with the provisions of all applicable Federal , State, and local laws , regulations, ordinances , and standards. including those concerning environmental quality. pollution control , abatement , and occupational health and safety. Grantee shall promptly notify Grantor and supply copies of any notices, reports, correspondence , and submissions made by Grantee to any Federal , State , or local authority, or receive by Grantee from said authorities , concerning environmental matters or hazardous substances or hazardous waste on , about , or pertaining to the Premises. Further , Grantee shall notify Grantor , in a fonn specified by Grantor , of the removal and/or treatment of any toxic or hazardous materials located on the Premises. 10. Grantee shall be solely responsible for obtaining at its sole cost and expense any and all environmental pern1its (including pennits required under the City of Alameda s "Mash Crust Excavation Ordinance Ordinance No. 2824) required for its operations on Premises , independent of any existing Grantor pern1its. 11. Grantee shall strictly comply with the hazardous waste pennit requirements under the Resource Conservation and Recovery Act (RCRA), or its State equivalent , and any other applicable laws , mles , or regulations. Except as specifically authorized by Grantor in writing, Grantee must provide , at its own expense , such hazardous waste management facilities , complying with all laws and regulations , as it will need for its operation on the Premises. Grantor s hazardous waste management facilities will not be available for Grantee s use. 12. In accordance with 10 U.c. 92692 , Grantee is prohibited from storing, treating, or disposing oftoxic or hazardous materials , which includes , but not limited to , materials that are of an explosive , flammable , or pyrotechnic nature , on a military installation , except to the extent authorized by 10 U.C.9 2692 or as authorized by the Secretary of Defense , his designee , or as authorized by the Commanding Offcer , Engineering Field Activity West , Naval Facilities Engineering Command , 900 Commodore Drive , San Bmno CA 94066-5006. 13. Department of Defense (000) component accumulation points for hazardous and other wastes will not be used by the Grantee. Neither will Grantee pen11it its hazardous wastes to be commingled with hazardous waste of the 000 component. 14.Grantee shall have a Grantor-approved plan for responding to hazardous wastes , fuel 3..n J .doc and other chemical spills prior to the commencement of operations on the Prernises. Said plan shall be independent of any Grantor plan, and shall not rely on use of Grantor personnel or equipment. 15. Ifarcheological resources are discovered during construction , work in the immediate vicinity of the discovery must be stopped until the site can be evaluated by a professional archeologist and an appropriate treatment plan can be developed and implemented in consultation with the Califomia State Historic Preservation Office. 16. Grantee shall indemnify, defend , and hold hannless Grantor from and against all claims , liabilities , losses , damages and cost , foreseen and unforeseen , which Grantor may incur by reason of Grantee s action or inaction with regard to obligations under this paragraph , and this provision shall survive the expiration or tem1ination of the easement. Grantee s indemnification herein contained in no way absolves Grantor from responsibility for which Grantor may be held in accordance with Federal, State, or local laws , regulations , and standards which may arise by reason of Grantor s action or inaction , including, but not limited to , environmental clean-up responsibility, and from responsibility for sLlch action \vhich may have occurred prior to the granting of this easement. 17. The Grantor hereby reserves the right to discharge sewage to Pump Station No.1 and for transportation of said sewage through the sanitary sewer pipeline pelmitted herein for thepurpose of providing sanitary sewer service at fom1er Naval Air Station , Alameda as may be required by the Grantor for the tenn of this easement. The Grantee agrees that no charge or fee in excess of Grantee s standard and typical charges for treatment of sanitary effuent shall be levied upon the Grantor by the Grantee or the Grantee s assigns for such rights and for such use of the purhp station and pipeline including, but not limited to , any fee for (I) reconnection , (ii) capacity rights not exceeding those historically enjoyed by the Grantor , (iii) transportation of effuent or (iv) amortization of facility improvements permitted by this easement or any other facility improvements except such amortization charges as are incorporated in the sanitary effuent treatment charges normally levied by the Grantee. 18. Grantor may relocate the access driveway to the Pump Station No.1 at any time upon 90 days notice to Grantee , so long as the relocated boundaries are coincident with or outside the fenced portion of the Premises. 19. The requirements contained in Paragraphs 9 (second and third sentences), 12 , 13 , 14 and 17 shall tem1inate upon termination of Grantor s leasehold interest in and conveyance by United States of America , acting through its the Department of the Navy to Grantor of all rights , title and interest in the Installation. ,2- '.. \(J lei",: 20. This instrument shall bind and inure to the benefit of the respective heirs , persona! representatives, successors. and assigns of Grantee and Grantor. CITY OF ALAMEDA, a municipal corporation, acting through its City Counci Signature Date: City Manager Approved as to legal forn1: /' r!-- City Attorney ,1-1. 0 I dc)C EXHIBIT " A 20-foot wide strip of land , being a portion of the parcel of land now owned by the City of Alameda as said parcel is described in whole or in part as the "Propert Leased" in "Exhibit A" in the lease to Alameda Gateway, Ltd., a California Limited Partership, recorded April 3 , 1984 , as Series No. 84-064506 , and situated in the City of Alameda , County of Alameda , State of Califomia , the centerline of which is described as follows: Commencing at a 2" brass disk set in concrete in a monument well in Main Street , and stamped 31+02.68", all as shown on Record of Survey No. 1765 , fied January 29 2002 , in Book 27 of Records of Survey, at Page 20, Alameda County Records; hence along the alignment designated on said Record of . Survey as "CENTERLINE OF 20" EBMUD DISCHARGE PIPELINE" the following courses: North 10'50. East, 132.25 feet to a 2" brass disk set in concrete in a monument well , and stamped 32+34.94"; thence North 89 31 '00" East , 501.17 feet to a 2" brass disk set in concrete in a monument well , and stamped "37+36.63"; thence North 49 33'43" East, 36.10 feet; thence North 89 03' 15" East 108.17 feet; thence North 87 29'11" East , 109.65 "feet to a 2" brass disk set in concrete in a monument well , and stamped "39+90.15"; thence North 56 40'22" East , 207.03 feet to a1Jint on a non-tangent 1172.61 foot radius curve to the right, a radial line to said point bears North 33 52'04" West; thence northeasterly along the arc of said curve , through a central angle of 18 22'58", a distance of 376.22 feet to a point on a non-tangent 345.98 foot radius curve to the right, a radial line to said point bears North 53'24" East; thence northeasterly along the arc of said curve , through a central angle of 09'21" distance of 97.56 feet to a 2" brass disk set in concrete in a monument well , and stamped "46+71.43" thence leaving said curve , on a non-tangent bearing of South 89 18'31" East, 226.29 fee t to.a point of terminus in the easterly line of Alameda Gateway, Ltd. land , as described in the deeds to Alameda Gateway, Ltd., recorded April 4 , 1984 , as Series No. 84-064504 , and recorded November 4 , 1984 , as Series No. 84-225675, all Offcial Records in the Offce of the Alameda County Recorder. Excepting therefrom those portions thereof lying within Main Street, as shown on said Record of Survey (27 RS 20), and lying within said Alameda Gateway, Ltd. parcels (Series No s. 84-064504 and 84- 225675). The sidelines of said 20-foot wide strip of land shall be extended or shortened on the southwest so as to terminate in the Norteasterly line of Main Street, and on the east so as to terminate in the easterly line of said City of Alameda land. Containing 3,786 sq. ft., more or less. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION , IN C ANCE WITH THE LAND SURVEYORS ACT , IN , 2002. MES P. SWANSON LS 5981 H:Uo2051 81s\acip. . O. B. 01" o LIOu-o 0 LI oc N85 00'OO" 39.35' 585 00'OO" 25.00' N07 18'54"WCR) /. EBMUD Cf +1 co :: Nco W(J Q c\T C' Q II w .; -1g 22 N CfZfo LL a Z 00 c. :" I z 0 (I) . q EXHIBIT B ~~~~~~- -- - - - - - -- - 21.56' :! -1- - - -- - 20' PIPELINE EASEMENT PARCEL A DOC. NO. 2000155062 N40 00'00" 03' - '0o lI o l! t1 OJ FORMER ALAMEDA NAVAL i IR STI\TION APN 074-0890-001 OAKLAND \'?Ja9?- - -- .;- - _ II:NER - - SINGLETON AVE VICINITY MAP ATumlC AVE(NO SCALE) SCA: = 60' LINE TABLE BEARING LENGTH N 74 1100" W 25.45' N 74 1100" W 45.61' PUMP STATION No., AT FORMER ALAMEDA NAVAL AIR STATION; ALAMEDA , CA. S85 00'OO" 44.77' R=70.00' L=31.88' -9 2 C = P. O. B. Ot'at(au)o a t( .. N85 OO'OO" 39.35' S85 00'OO" 25.00' N07 1S'54"W(R) -: EBMUD - . tL , ;:' . O .. ' ..C/ w' C' +1 . Z co :: N 0. O' ;g. ' w a:., :5 if.eg'a: o C\ . . IJ .;0"a ..o.w a 00 g:r z Cf Q ::. EXHI BIT I -I - - 7at( o t( t( 0) . 0 :5;: S85 44.77' :;,~~~- - - -- -- - - - - 21.56' :! -- -- - 20' PIPELINE EASEMENT PARCEL A DOC. NO. 2000155062 N40 00'OQ"03' . ORMER ALAMEDA NAVAL AIR STATION APN 074-0890-001 ... SCA: 1" = 60' LINE TABLE BEARING LENGTH L 1 1100" W 25.45' 11'00" W 45.61' PUMP STATION No., AT FORMER ALAMEDA NAVAL AIR STATION; ALAMEDA , CA. R=70.00' L=31.88' 7-9-20C , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 18 day of February, 2003 by the following vote to 'Nit: AYES:Councilmembers Daysog, DeWitt , Kerr , Matarrese , and Mayor Johnson - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affxed the official seal of said City this 19th day of Februar, 2003. l4Il\ WQJ Q; Lara Weisiger , City Cle City of Alameda