HomeMy WebLinkAbout091625-05.07 ADMINISTRATIVE STAFF REPORT 5.7
TO: Mayor and Town Council September 16, 2025
SUBJECT: Resolution No. 68-2025, authorizing the Town Manager to execute a
Grant of Irrevocable Offer of Dedication of easement to the Central
Contra Costa Sanitary District, Agreement Relating to Real Property and
Easement Exchange Agreement for the Town Green Pavilion project
located at 400 Front Street
BACKGROUND
As part of the Town Green and Arts District Project, CIP B-628, a new Pavilion will be
constructed on the Town Green. During development of the plans for the Pavilion, it was
determined that both the existing bandstand and the proposed Pavilion encroach on a
sewer line easement. With this discovery, Town staff has worked with Central Contra
Costa Sanitary District (CCCSD) staff to allow construction of the Pavilion to move
forward by minimizing the encroachment. In order to allow for that encroachment, the
Town and CCCSD would enter into an Agreement Relating to Real Property
(Attachment B) and an Easement Exchange Agreement (Attachment D). In addition,
the Town will grant CCCSD a Grant of Irrevocable Offer of Dedication of an easement
to relocate the sewer line in the future when repairs or replacement are required
(Attachment C).
DISCUSSION
Authorizing the Town Manager to execute these documents will allow the Town’s
project to move forward in a manner that maximizes the use of the Town Green while
protecting CCCSD’s infrastructure.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
Sufficient funds have been appropriated in the 2025/2026 Capital Improvement Program,
CIP B-628 to fully fund the project.
Grant of
Irrevocable Offer of Dedication 2 September 16, 2025
RECOMMENDATION
Adopt Resolution No. 68-2025, authorizing the Town Manager to execute a Grant of
Irrevocable Offer of Dedication of an easement to the Central Contra Costa Sanitary
District, an agreement relating to real property and Easement Exchange Agreement for
the Town Green Pavilion project located at 400 Front Street.
Prepared by:
Fred Korbmacher
Development Services Coordinator
Reviewed by:
Diane J. Friedmann
Development Services Director
Attachments: A – Resolution. 68-2025
B – Agreement Relating to Real Property
C – Grant of Irrevocable Offer of Dedication
D - Easement Exchange Agreement
RESOLUTION NO. 68-2025
AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT OF
IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT TO THE CENTRAL
CONTRA COSTA SANITARY DISTRICT, AN AGREEMENT RELATING TO REAL
PROPERTY AND EASEMENT EXCHANGE AGREEMENT FOR THE TOWN GREEN
PAVILION PROJECT LOCATED AT 400 FRONT STREET
WHEREAS, Central Contra Costa Sanitary District is a public corporation organized under
laws of the State of California for the purpose, among other things, of construction,
altering, replacing, repairing, maintaining and operating subsurface sanitary sewer
pipelines in Contra Costa County, has requested a grant of easement; and
WHEREAS, Town staff has determined the necessity of granting a sewer easement to
allow for the construction of the Town Green Pavilion on Town property; and
WHEREAS, said sewer easement lies within Town-owned property known as Parcel A of
MS 855-91, generally known as the Town Library site at 400 Front Street; and
WHEREAS, the Grant of Easement, Agreement Relating to Real Property AND Easement
Exchange Agreement executed by the Town Manager would authorize said sewer facility
to be relocated on Town-owned property; and
WHEREAS, Town staff has recommended approval of the Grant of Easement, Agreement
Relating to Real Property and Easement Exchange Agreement; now, therefore, be it
RESOLVED, by the Town Manager execute the Grant of Easement and Agreement
Relating to Real Property to Central Contra Costa Sanitary District for sewer relocation
purposes within Town owned property is in the interest of the public and, be it further
RESOLVED, that this Grant of Easement, Agreement Relating to Real Property and
Easement Exchange Agreement are hereby approved and the Town Manager is hereby
authorized and directed to execute the same on behalf of the Town.
Docusign Envelope ID: 1FD97A43-2E23-4932-9FF0-A78D2CA274A4
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 68-2025
APPROVED by the Danville Town Council at a regular meeting on September 16, 2025,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
__________________________ ________________________________
CITY ATTORNEY CITY CLERK
Docusign Envelope ID: 1FD97A43-2E23-4932-9FF0-A78D2CA274A4
Page 1
RECORDING REQUESTED BY:
CENTRAL CONTRA COSTA
SANITARY DISTRICT
AFTER RECORDING RETURN TO:
CENTRAL SAN
5019 IMHOFF PLACE
MARTINEZ, CA 94553-4392
ATTENTION: PLANNING AND
DEVELOPMENT SERVICES DIVISION/
REAL PROPERTY
EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§ 6103, 27383
APN 216-110-009
Job No. 5030 - ROW Parcel No. 2
AGREEMENT RELATING TO REAL PROPERTY
This Agreement Relating to Real Property (“Agreement”) is made and entered into as
of the dates hereinafter affixed, by and between Town of Danville, a municipal
corporation ("Owner”) and Central Contra Costa Sanitary Sewer District, a California
special district (“Central San”).
WITNESSETH
WHEREAS, Owner owns real property in the Town of Danville, Contra Costa County,
State of California, generally known as of the date of this Agreement as 400 Front
Street, Danville, CA 94526 (APN: 216-110-009) (“Owner’s Property”), and more
particularly described as follows:
All that property described in the Grant Deed Dated September 23, 1993,
Book 18975, Page 397, Contra Costa County Records
WHEREAS, Central San has a sewer easement ("Easement") over Owner’s Property
for public use for the purposes of constructing, laying, maintaining and operating sewer
pipes therein and thereupon, and appurtenances and appliances thereto, together with
the reasonable right of access to such easement for said purposes, which Easement
was established via Grant of Irrevocable Offer of Dedication accepted February 22,
1996, Doc No. 96-31154, Contra Costa County Records.
WHEREAS, Owner desires to construct and to leave in place within the Easement a
±1,290 square foot open-air pavilion, including pier footings supporting a steel and wood
roof structure and a concrete slab stage with lighting and accommodations for a
speaker system the location of which is shown on Exhibit A and more particularly
detailed on Exhibits B1-4, attached hereto and by this reference made a part hereof
ATTACHMENT B
Agreement Related to Real Property
Page 2
(“Improvements"). The Improvements encroach upon the Easement and Owner
desires that the Improvements be installed and/or allowed to remain in place.
WHEREAS, Central San has determined that the Improvements constitute a Class Two
encroachment, as defined in Chapter 7.15 of Central San Code, and interfere with
Central San’s enjoyment of its Easement rights.
NOW, THEREFORE, in consideration of the foregoing, which are incorporated herein
by reference, and for good and valuable consideration, the receipt and sufficiency of
which is acknowledged, the parties agree as follows:
1. Easement acknowledged.
Owner expressly acknowledge the right and interest of Central San in the
Easement and agree never to assail or resist these interests. With the exception
of the Improvements , the use of the surfaces of the Easement shall be limited to
paving, shrubbery, gardening and landscaping; and the following improvements
and activities are specifically prohibited within the Easement: trees or permanent
structures, including but not limited to houses, garages, carports, outbuildings,
swimming pools, fountains, ponds, artificial streams, additional retaining walls
generally parallel with the Easement centerline, additional retaining walls
transversely crossing the Easement that require building permits (three (3) feet or
greater in height) or that have pier foundations or spread footings greater than
eighteen-inches wide by twelve-inches (12”) thick (Any such crossing shall be at
an angle with said centerline that measures between forty-five and ninety
degrees [45º and 90º], and have a minimum vertical clearance of twelve inches
(12”) between any utility service line and the public sewer), decks, barbeques, or
any other improvement or activity which may interfere with Central San’s full
enjoyment of its Easement rights.
2. Improvements may remain over the Easement.
By this Agreement, Central San will permit the Improvements, as constructed
over and within the Easement, to remain in place in strict accordance with the
terms and conditions set forth in this Agreement. Owner agrees not to replace,
repair, remodel, reconstruct or alter the Improvements in any way without the
advance written consent of Central San.
3. Indemnification for damage to Central San facilities.
Owner is liable and responsible for and will answer to Central San for damage to
Central San's facilities which are caused by the installation, construction, repair,
replacement, maintenance, presence of or other activity associated with the
Improvements.
Agreement Related to Real Property
Page 3
4.Indemnification for extra Central San costs due to existence of the
Improvements.
Owner is liable and responsible for and will answer to the Central San for
additional costs of inspecting, constructing, installing, repairing, replacing,
reconstructing, maintaining and operating Central San facilities when such
additional costs arise out of or relate to the presence of the Improvements within
the Easement.
If repair or replacement of the existing public sewer within the Easement
becomes necessary, the location of the Improvements may make it advisable to
use a “no dig” trenchless technology such as inserting a liner in the existing pipe,
installing a replacement pipe by pipe bursting or directional drilling rather than
using conventional “open trench” construction. Use of trenchless technology
may be more expensive than utilizing an open trench method if only the cost of
pipeline renovation work is considered, but may be less expensive than using the
open trench method when the cost of removing and replacing the Improvements
is also considered. If repair or replacement work is contemplated by Central
San, its representatives will meet and confer with Owner to discuss the feasibility
and cost of alternative construction methods. Following the meet and confer
process, Owner shall select the construction method to be used within the
Easement area. If the selected construction method is more expensive to Central
San than another feasible alternative, then Owner will be responsible for such
added expense.
Use of trenchless technology may require digging pits at both ends of the public
sewer that is being repaired or replaced. Some trenchless technologies create
vibrations in nearby man-made features such as the Improvements or adjacent
buildings, and may cause minor damage to those man-made features.
5. Liability for Damage.
Owner agrees: (a) to hold Central San free and harmless from any and all claims
and actions brought against it by reason of any alleged damage to any of Owner;
real or personal property, including but not limited to the Improvements, which
alleged damage arises out of the inspection, use, maintenance, installation,
construction, alteration, reconstruction, replacement, repair and operation of
Central San facilities to the extent that the alleged damage results in whole or in
part from the presence, use, operation, maintenance, alteration, or repair of the
Improvements; and (b) to defend and indemnify Central San in any actions
brought by persons seeking to enforce any and all claims set out in paragraph (a)
above. This obligation for Owner to hold harmless, defend and indemnify Central
San shall not extend to alleged damage or injury arising out of the Central San’s
sole or active negligence, intentional acts or willful misconduct.
Agreement Related to Real Property
Page 4
6. Removal of the Improvements.
Permission for presence of the Improvements within the Easement under this
Agreement may be revoked at any time if Central San reasonably determines
that said Improvements are harmful or detrimental to the use of the Easement or
that removal of the Improvements within the Easement is reasonably necessary
for actual imminent access required for proper enjoyment of Central San’s rights
thereto. Such a determination by Central San will not be made prior to Central
San’s representatives having met and conferred with Owner regarding the nature
and severity of the perceived harmful or detrimental effects necessitating removal
of the Improvements, and potential mitigation measures, modifications or
safeguards that Owner may be able to implement to ameliorate said harmful or
detrimental effects and/or allow for Central San’s proper enjoyment of its
Easement rights through Owners’ provision of an alternative means of access
acceptable to Central San.
If the right of Owner to maintain the Improvements within the Easement is
revoked by Central San, Owner shall remove said Improvements, within ninety
(90) calendar days of receipt of written notice from Central San to do so, unless
Owner and Central San agree to an alternative mutually acceptable schedule. If
Owner fail to timely remove the Improvements, Owner hereby agrees that
Central San may enter Owner’s Property and remove the Improvement at
Owner’s sole cost, and Owner shall reimburse Central San within thirty (30) days
of receipt of a demand for such costs from Central San.
In the case of emergency, as reasonably determined by Central San, Central
San may cause any of the Improvements to be removed immediately, with or
without notice to Owner.
Should Owner or any successor owners voluntarily remove the Improvements
and request termination of this Agreement in writing, Central San will quitclaim or
rescind this Agreement and record any documents necessary to document that
the Improvements have been removed and that the terms of this Agreement no
longer apply to Owners’ Property.
7. Agreement binds successors in interest.
This Agreement pertains to and shall run with Owner’s Property for the benefit
thereof as a covenant running with the land, equitable servitude, or otherwise,
and shall be binding on all parties having or acquiring any right, title or interest in
Owner’s Property or any part thereof, and their heirs, successors and assigns
and shall be for the benefit of and be binding upon each owner and successor in
interest of Owner.
Agreement Related to Real Property
Page 5
8. Attorney’s Fees.
The prevailing party in any arbitration or lawsuit brought to interpret or enforce
the terms of this Agreement, or in any claims whether in contract, tort, or
otherwise, arising directly or indirectly out of this Agreement or its performance,
shall be entitled to recover its reasonable costs and attorneys’ fees from the
other party or parties, and the court or arbitrator shall award such attorneys’ fees
as an element of costs. For purposes of this provision, prevailing party shall
include a party that dismisses an action for recovery hereunder in exchange for
payment of the sum allegedly due, performance of covenants allegedly
breached, or consideration substantially equal to the relief sought in the action or
proceeding. Prevailing party shall not include a party who refuses an offer of
compromise presented in writing at least ten (10) days before trial or arbitration
of the matter, and who fails to receive an award more favorable than the terms
and conditions set forth in the offer of compromise, either in the amount of
damages awarded or in the type of relief granted.
IN WITNESS WHEREOF, Owner executed this instrument on this day of
, 2025. Resolution is attached hereto.
OWNER:
By:
(Notarial acknowledgment required)
Name: Tai J. Williams,
Town Manager
CENTRAL CONTRA COSTA SANITARY DISTRICT:
By:
(Notarial acknowledgment required)
Michael R. McGill,
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young, CPMC, CMC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
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Enlarged Site Plan
1" = 30'-0"1
5'-6" min. clr. between sewer line
and (N) pier, refer to Exhibit B
F
R
O
N
T
S
T
R
E
E
T
S A N R A M O N C R E E K
(E) Pavilion structure to be
demolished. (E) Piers to be
capped with concrete below
grade or below (N) structure
(N) Pavilion Structure, refer
to Exhibit B for Foundation
Plan and Details
(E) 8" Sanitary sewer line
(Central San) to remain in
place. Approx. invert
elevation at location of
structure is 354.4'
C1
C2
C3
C4
Tr
u
e
N
DTA Dreiling Terrones Architecture Inc.
Architecture | Infrastructure | Environments
X
Exhibit A
Sheet
Date
08/22/2025
Reference
Site Plan - Enlarged
Danville Town Green Pavilion
Subject
Project
1103 Juanita Avenue Burlingame, CA 94010 | 650.696.1200
314 Center St. # 220 Healdsburg, CA 95448 | 707.431.1305
Legend
Property Line
(E) Sewer Easement
(E) 8" Sewer Line
SSSSSS
(E) Tree to remain
(CIP-B 629)
C1
(E) Column / pier,
to be cut and
capped, typ. of (4)
"The Improvements"
in (E) Sewer
Easement
T r u e N
R
e
f
N
Pavilion Floor Plan
1/8" = 1'-0"1
Pavillion
Storage
2 '-0 "2'-0"
2 '-5 "
1 4 '-1 0 "
41'-7 1/2"
5'-4 3/4"15'-5"15'-5"5'-4 3/4"
1 2 '-5 "
(N) Concrete stairs, (2)
treads at 1'-6" each, (3)
risers, max. 7"
Concrete finish, integral color
Stucco-clad wood-framed
column, typ of (4)
3
'
-
1
0
"
R
=
5
1
'
-
5
"
R
=
3
2
'
-
8
"
Dn.
Stone veneer-clad partial
height wing wall, typ. of (2)
Stone veneer-clad full height
walls, continue above roof per
Exterior Elevations
2 '-6 "
1
1
2
2
3
3
4
4
5
5
A A
B B
C C
DTA Dreiling Terrones Architecture Inc.
Architecture | Infrastructure | Environments
X
Exhibit B 1
Sheet
Date
08/22/2025
Reference
Pavilion Floor Plan
Danville Town Green Pavilion
Subject
Project
1103 Juanita Avenue Burlingame, CA 94010 | 650.696.1200
314 Center St. # 220 Healdsburg, CA 95448 | 707.431.1305
Note: Details shown are preliminary, and
have not been approved by Building
Department. Changes may occur through
final design and permitting process.
of 4
(CIP-B 629)
Pavilion Floor Plan
1/8" = 1'-0"1
2 '-5 "
1 4 '-1 0 "
41'-7 1/2"
5'-4 3/4"15'-5"15'-5"5'-4 3/4"
1 2 '-5 "
1
1
2
2
3
3
4
4
5
5
A A
B B
C C
GSM gutter, painted, typ.
Column below, typ. of (4)
L
i
n
e
o
f
b
e
a
m
b
e
l
o
w
L i n e o f b e a m b e l o w
Line of beam below
Line of beam below
Roof cricket at min. 4:12 pitch
Metal roof cap sloped to sides,
painted
R i d g e
5:12
4 :1 2
4:12
2 %
Wood fascia board at all
sides, painted
Standing seam metal
roof, typ.
4:12
DTA Dreiling Terrones Architecture Inc.
Architecture | Infrastructure | Environments
X
Exhibit B 2
Sheet
Date
08/22/2025
Reference
Pavilion Roof Plan
Danville Town Green Pavilion
Subject
Project
1103 Juanita Avenue Burlingame, CA 94010 | 650.696.1200
314 Center St. # 220 Healdsburg, CA 95448 | 707.431.1305
Note: Details shown are preliminary, and
have not been approved by Building
Department. Changes may occur through
final design and permitting process.
of 4
(CIP-B 629)
T r u e N
R
e
f
N
1
1
2
2
3
3
4
4
5
5
A A
B B
C C
Pavilion Foundation Plan
1/8" = 1'-0"1
Pavillion
Storage
2 '-0 "2'-0"
5" Conc. slab w/ #4 bars @ 12"
O.C ea. way o/ 15mil stego wrap
class "A" (or vapor barrier
conforming to ASTME E1745) o/ 6"
non-expansive fill per soils report
Posts & Beams
above, ref Roof
Framing Plan, typ.
Line of 15" continuous
concrete footing below, typ.
1 2 " t y p .
24" Ø x 9'-6" deep pier
w/ 4- No. 7 vert. bar &
No. 3 ties @ 6" o.c. typ.
1
B2
2 '-5 "
1 4 '-1 0 "
41'-7 1/2"
5'-4 3/4"15'-5"15'-5"5'-4 3/4"
1 2 '-5 "
DTA Dreiling Terrones Architecture Inc.
Architecture | Infrastructure | Environments
X
Exhibit B 3
Sheet
Date
08/22/2025
Reference
Pavilion Foundation Plan
Danville Town Green Pavilion
Subject
Project
1103 Juanita Avenue Burlingame, CA 94010 | 650.696.1200
314 Center St. # 220 Healdsburg, CA 95448 | 707.431.1305 of 4
Note: Details shown are preliminary, and
have not been approved by Building
Department. Changes may occur through
final design and permitting process.
(CIP-B 629)
T r u e N
R
e
f
N
C
F.F. Slab
369.00'
Finish Grade
±367.50'
Sewer Line Invert
±354.4'
5 "
6 "
9 '-6 "
1 0 '-6 "
9 '-0 "
±1 3 '-1 "
10x10x3/8 HSS post
6" non-expansive fill
per soils report
5" Concrete slab w/ #4 bars
@ 12" O.C. o/ 15 mil stego
wrap class "A"
24"Ø x 9'-6" deep pier w/
4-No.7 vert. bar & No. 3 ties
@ 6" O.C. typ.
(E) 8" Sanitary sewer line
to remain in place
6'-6" min.
5'-6" min.
±4 '-1 "
Pavilion Pier Detail
1/4" = 1'-0"1
DTA Dreiling Terrones Architecture Inc.
Architecture | Infrastructure | Environments
X
Exhibit B 4
Sheet
Date
08/22/2025
Reference
Pavilion Pier Detail
Danville Town Green Pavilion
Subject
Project
1103 Juanita Avenue Burlingame, CA 94010 | 650.696.1200
314 Center St. # 220 Healdsburg, CA 95448 | 707.431.1305
Note: Details shown are preliminary, and
have not been approved by Building
Department. Changes may occur through
final design and permitting process.
of 4
(CIP-B 629)
EXEMPT FROM RECORDING FEES PURSUANT TO GOV’T CODE §27383 AND DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE
§11922
APN: 216-110-009
Job No. 5030 - ROW Parcel No. 2 and 3
GRANT OF IRREVOCABLE OFFER OF DEDICATION
(Easement for Sanitary Sewer Purposes)
For good and valuable consideration, Town of Danville, a municipal corporation
(hereinafter “Owner”), being the present title owner of record of the parcel of land situated in
the town of Danville, county of Contra Costa, state of California, described in the Grant Deed
recorded October 11, 1984 document number 94-252653 of the Official Records of said county,
does hereby make an irrevocable offer of dedication to Central Contra Costa Sanitary
District (hereinafter "Central San"), a special district of the State of California, and its
successors or assigns, of an exclusive subsurface easement and a nonexclusive surface
easement (characterized as easements in gross for all purposes of this dedication), 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 Central San 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"
(legal description) 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 offer of dedication also includes the right to clear obstructions 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 Central San’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, tennis courts, 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, patios, engineered drainage facilities (bio-swales), or
other structures within or over the easement, or any other activity which may interfere with
Central San’s full enjoyment of the easement rights granted herein.
RECORDING REQUESTED BY:
CENTRAL CONTRA COSTA
SANITARY DISTRICT
AFTER RECORDING RETURN TO:
MAINLINE REVIEW
RESOURCE RECOVERY/DEV SERVICES DIV
ENGINEERING/TECHNICAL SERVICES DEPT
CENTRAL SAN
5019 IMHOFF PLACE
MARTINEZ, CA 94553-4392
ATTACHMENT C
Grant of Irrevocable Offer of Dedication (Easement for Sanitary Sewer Purposes)
APN 216-110-009 Job No. 5030 - ROW Parcel No. 2 and 3
Page 2 of 3
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 Central San from time to time.
Central San, and its successors or assigns, shall incur no liability with respect to such offer of
dedication, and shall not assume any responsibility for the offered easement, or any
improvements thereon or therein, until such offer has been accepted by appropriate action of
the Board of Directors of Central San, or its successors or assigns. Further, it is understood
and agreed that the Owner shall indemnify, save and hold harmless Central San for any costs
or liability incurred by Central San with respect to the easement in gross described herein, prior
to the formal acceptance of said easement by the Board of Directors of Central San.
The provisions of this irrevocable offer of dedication shall inure to the benefit of and be binding
upon the heirs, successors, assigns, and personal representatives of the respective parties.
In witness whereof, these parties have executed this instrument this day of
,2025.
OWNER:
By:
(Notarial acknowledgment required)
Tai J. Williams, Town Manager
CENTRAL CONTRA COSTA SANITARY DISTRICT (CENTRAL SAN):
By:
(Notarial acknowledgment required)
Melody LaBella, Manager
Resource Recovery and Development Services Division
Engineering and Technical Services Department
Central Contra Costa Sanitary District (Central San)
County of Contra Costa, State of California
Designee of General Manager
ATTACH NOTARY STATEMENT(S)
Grant of Irrevocable Offer of Dedication (Easement for Sanitary Sewer Purposes)
APN 216-110-009 Job No. 5030 - ROW Parcel No. 2 and 3
Page 3 of 3
CERTIFICATE AUTHORIZING RECORDING
PURSUANT TO RESOLUTION NO. 90-017 of the Central Contra Costa Sanitary District, the
attached Irrevocable Offer of Dedication is hereby received for recording only and shall not be
deemed accepted until the District’s Board of Directors adopts a resolution of acceptance of
said offer of dedication.
Dated: Signed by:
Melody LaBella, Manager
Resource Recovery and Development Services Division
Engineering and Technical Services Department
Central Contra Costa Sanitary District (Central San)
County of Contra Costa, State of California
Designee of General Manager
Grantor: Town of Danville
Address: 400 Front Street; Danville
APN: 216-110-009 and 012
Project Number: 5030
Project Parcel No: 2 and 3
Page 1
CENTRAL CONTRA COSTA SANITARY DISTRICT
Easement Exchange Agreement
This Easement Purchase Agreement (“Agreement”) is made and entered into as of the
dates hereinafter affixed, by and between Town of Danville, a municipal corporation
(“Grantor”), and CENTRAL CONTRA COSTA SANITARY DISTRICT (“Central San”), a
special district created pursuant to the laws of the State of California.
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 Central San of all further obligations or claims on this account
or on account of the location, grade, construction, or operation of the proposed public
improvement.
2.Grantor shall:
Deliver to Central San, an Irrevocable Offer of Dedication (IOD) document (suitable
for recording) conveying from Grantor to Central San a perpetual easement as set
forth in Attachment Exhibit A attached hereto and made a part hereof by this
reference.
3.Central San shall:
A.Deliver to Grantor, a recorded copy of a Quitclaim Deed, with a legal description
to be prepared by Grantor, quitclaiming to Grantor a portion of that an easement
granted to Central San recorded November 9, 1994 Doc No. 94-273702 Contra
Costa County Records that will no longer be required after Central San records its
acceptance of the IOD and abandons that portion of its existing eight inch sewer
pipe located within said easement.
B.Restore and replace any other surface or subsurface improvements damaged or
removed because of the construction of the proposed public improvement to a
condition substantially equal to or better than their preconstruction condition.
Grantor shall permit Central San, its contractors or permitees reasonable access
to complete any necessary construction contract work set forth in this paragraph.
ATTACHMENT D
Easement Exchange Agreement
Page 2
4. Indemnification:
Grantor shall indemnify, hold harmless and defend Central San, its officers, officials,
employees and agents, from and against any and all liability, loss, damage, expense,
cost (including without limitation costs and fees of litigation) of every nature arising out
of or in connection with this Agreement except those arising out of Central San’s sole
negligence or willful misconduct.
5. Insurance:
Grantor shall be named as additional insured on contractor’s insurance policy.
6. 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 easements by Central San shall be coincident with the execution of this
Agreement.
7. 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.
8. No Leases:
Grantor warrants that there are no oral or written leases on all or any portion of the
easement area identified exceeding a period of one month and Grantor further agrees
to hold Central San harmless and reimburse Central San for any and all of the losses
and expenses occasioned by reason of any lease of said property held by any tenant
of Grantor.
9. Approval of Central San:
Grantor understands that this Agreement is subject to the approval of Central San's
Board of Directors.
10. Authority to Sign:
Grantor represents and warrants that the signatory(s) to this Agreement is/are
authorized to enter into this Agreement on behalf of Grantor and that no other
authorizations are required to implement this Agreement on behalf of Grantor.
Easement Exchange Agreement
Page 3
11. Counterparts Signature:
This Agreement may be executed in counterparts, each of which shall be an original,
but all counterpart's signatures shall constitute one agreement.
(As used above, the term, "Grantor" shall include the plural as well as the singular
number.)
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first written herein below.
Grantor
By: ___________________________________Date: _______________________
Name: Tai J. Williams
Its: Town Manager
Central Contra Costa Sanitary District,
a special district
By: Date: ___________________________
Name: Melody LaBella
Its: Resource Recovery and Development Services Division Manager
NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED