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-
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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.
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EXHIBIT B
~~~~~~- -- - - - - - -- -
21.56' :! -1- -
- -- -
20' PIPELINE EASEMENT
PARCEL A
DOC. NO. 2000155062
N40 00'00"
03'
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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.
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N85 OO'OO"
39.35'
S85 00'OO"
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EXHI BIT
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21.56'
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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