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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-587 Recorded at the request of: Contra Costa County Board of Supervisors Return to Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 20, 2005,by the following vote:' AYES: Gioia,'Piepho,DeSaulnier,Glover and Uilkema NOES- None ABSENT: :None ABSTAIN: None, EStILUTOI�I' O.20t151 587 SUBJECT Accepting Grant of Easement for Drainage Purposes, for Drainage Area DA 57, Line B (cross- reference Subdivision 05-08984 and DA 05-00058), Pacheco area. (District II) IT IS BY THE BOARD RESOLVED that the fallowing instrument is hereby ACCEPTED: INSTRITMENT: REFERENCE: GRANTOR: AREAS DISTRICT: Grant of Easement for Parcel A, 68PM1Glade and Joan Pacheco' II Drainage Purposes APN:159-240-007 Gaffney, TRE I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. SG:rrn G:\GrpData\F-ngsvc\so\zoQsos.zowA 05.00057 sa27.doe ATTESTED: SEP MBER 20, 2005 Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Supervisors and Contact:S.Gospodcbikov(313-2316) County Administrator Recording to be completed by COB cc: Current Planning,Community Development Glade and Joan(satiny,TRE 1041)Pebble Beacb Drive $ ' ,Deputy Clayton,CA 44517 RESOLUTION NO.2UQ5/ 587 CaN kA COSTS Co Recar,er. Off ice Recorded at the request of: S'�� L. R ecorder Contra Costa County DOC- 1200163360292-00 Return to: ntsday �, SEP 21, 2003' 11:49:30 Contra Costa County Public Works Department Tt'1 Pd $0, Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Assessor's Parcel No. 159-240-407 GRAN' OF EASEMENT THIS INDENTURE, made by and between DOMENIC'COLA and ROSEANNE ANSELMO as joint tenants, as to an undivided 2/5ths interest; ANTHONY COLA and ALICE COLA,'Trustees under Trust Agreement dated July 5, 2001, as to an undivided 1/5th interest; GLADE E. GAF'FNEY and JOAN E. GAFFNEY, Trustees: of the 1989 Glade E. Gaffney and Joan E. Gaffney Revocable Trust dated June 20, 1989, as to an undivided 1/5th interest; and SALVADORE COLA and ALLENE COLA,"husband and wife, as joint tenants, as to an undivided 1/5th interest, hereinafter collectively called the GRANTOR, and the COUNTY OF 'CONTRA COSTA, a political subdivision of the State of California, hereinafter called the GRANTEE, WITNESSETH: That the GRANTOR, for value received, hereby grants to the GRANTEE a perpetual easement and right of way for the purposes of laying down, constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using, as the GRANTEE may see fit,for flood control purposes and transmission'of drainage water, a pipe or pipelines, culverts or ditches, and 'ail necessary braces, connections,'fastenings,'' fences or other protective barriers or facilities, and other appliances and fixtures for use in connection therewith or appurtenant thereto, in, under, along, and across that certain real property in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE EXHIBIT'WATTACHED HERETO AND MADE A FART HEREOF. The easement herein granted shall include the right by said GRANTEE, its officers, agents and employees, and by persons under contract with,it and their employees whenever and wherever necessary for flood control purposes, to enter upon said land with personnel, vehicles and equipment, to remove all trees, vegetation'and structures thereon that interfere with the purpose for which the easement herein is granted. Notwithstanding anything contained in this easement to the contrary, any damage to any improvements constructed by GRANTOR within the area described in Exhibit "A" herein pursuant to a valid permit issued by the applicable governmental authority, which damage is caused by GRANTEE's use of the easement, shall be repaired or replaced at GRANTEE's sole expense. 1 BOfHEL\DATA\LOVINGTACHECO\EASEMENT'FLOOD CONTROL 3 TO HAVE AND TO HOLD, all and singular,the rights above described unto the GRANTEE and the GRANTEE'S successors and assigns forever. IN WITNESS WHEREOF, the GRANTOR has executed this indenture this '� day of 200AE DbMENIC COLA ROSEANNE ANSELMO ANTHONY COLA AND ALICE COLA, Trustees under Trust Agreement dated July 5, 2001 By: ' 7 --- 4' Anthony Col , Trustee 14f: til � By: rG Alice Cola, Trustee GLADE E. GAFFNEY AND JOAN. E. GAFFNEY, Trustees of the 1989 Glade E. Gaffney and Joan E. Gaffney RevocableTrust'Agreement dated June 20, 1989 Glade E Gaffney, Trustee BY: Joan E. Gaffney, Truste 4g005;(— SALVADORE COLA ALLENE COLA ABOVE SIGNATURES MUST BE NOTARIZED 2 BOTHELMATAU.OVING)PACHECOIEASEMENT FLOOD CONTROL 3 3 Legal Description of Easement Area EXHIBIT A A portion of Parcel 'A' as shown on the Parcel Map recorded in Book 68 of Parcel Maps on Page 1,being a portion of Rancho Las Juntas, Contra Costa County, California, more particularly described as follows: Beginning at the Western Comer of said Parcel 'A ;thence,along the Northern boundary of said Parcel `A', around a 2932.66 foot radius curve to the left with the radius point bearing North.07-10'12" West,through a central angle of 00'16'27" and an arc length of 14.04 feet;thence,continuing along the Northern boundary of said Parcel `A' around a 2932.66 foot radius curve to the left through a central angle of 041122'27"and an are length of 19.16 feet to a paint of compound curvature,thence, continuing along the Northern boundary of said Parcel `A', around'a 1502.38 foot radius curve to the left through a central angle of 07'37'07" and an arc length of 199.77 feet; thence South 10°24'29"West a distance of 20.05 feet; South 61'42'14"West a distance of 40.81 feet; thence South 58033"54"West a distance of 33.67 feet;thence South 34°16'36"West a distance of 34.16 feet;thence South 02'22'14"West a distance of 35.92 feet;thence South'01'11'55" East a distance of 23.59 feet;to a point on the Southwest boundary of said Parcel `A'; thence, along the Southwest boundary of said Parcel `A',North 49°04'43" West a distance of 108.15 feet; thence,continuing along the Southwest boundary of said Parcel `A',North 63°34'43 'West a distance of 65.01 feet to the Point of Beginning. Containing 0.24 acres,more or less. End of Description OM . 5 �.CA�t� 9G Prepared by Luk and Associates C� PLS 3272 ERCP 6/30/2006 (P Paul Canumay, PLS 3272 Expires 06/30/06 Date: e00--d..? This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act. F:\WP\.EGAL\2003\23107-15\Drainage Easement Parcel A 06032005.doe 6/3/2005 `Z tr 3 BURL j `k`J�- i�.Jr" 1� `rrr�� C, i 1r�1�.�J� Jr1D, lx R=2932.66 y L=19.16' R=2932.66 3� � `� lS=00*22'27` 10479± SQ. FT. �y,r L=14.04 0.24± ACRES ,L 001627"' F)Ajr-1 C E L ,/-� EXISTING ROAD ✓"� �'' ,, DEDICATION PER f J( FIN] 1 fib PM 1 �`� y . EXISTING ROAD It CX DEDICATIONPER ;; 68`,PM 1 LAND S�� L �u CA PAUL CANUMAY No.—L-3272 UP.6-30-06 PAUL CANUWAY OF cnU LS 3272 EXP. D6/30/2006 PLAT TO ACCOMPANY LEGAL DESCRIPTION BEING A PORTION OF RANCHO LAS JUNTAS CONTRA' COSTA COUNTY, CALIFORNIA Prepared By Luk and Associates Civil Engineers Land Planners — Land Surveyors 738 Alfred ' Nobel Drive Hercules, California 94547 JUNE`3, 2005 SCALE: 1"=40' 23107-15\€SMT\st€.Qwc STATE OF CALIFORNIA ) } ss. COUNTY OF &d94 G.STM ) 200A, before me On this � day of�-c� '5 , it4lB=Lit S h) aAJ , the undersigned Notary Pub ic, personally appeared Jeo AA ICELaQ ,-fY (or proved to me on the basis of satisfactory evident :to be the person) whose name is a s scn ea to The wi n fins rumen an ac'nowledged to me that h lshe/th executed the same in 0/her/tw authorized capacity(Ie4), and that by tomer/thvdr signature*on the instrument the person( ., or the entity upon behalf of which the persons acted, executed the instrument.` WITNESS my hand and official seal. ��►;rte ' Notary Public STATE OF CALIFORNIA ) L ) ss: COUNTY OF S Othis L day of 'Fc- brL)QL,.a-u 20€7 , before me, �3'4"eLt=t ;�. AjcLh tJ the undersigned Notary Public, personally appeared` C.L. E " c 6gL 14ROW04 (or proved to me on the basis of satisfactory evidence) to be the person( whose nameW ii/atete subscribed to the within instrument and acknowledged to me that heshe/tt*y executed the same in'tai's/her/ttor'authorized capacity(i ) and that by his/her/ths4r signature{&) on the instrument the person(t), or the entity upon behalf of which the person(*) acted, executed the:instrument. WITNESS my hand and official seal. Aga 36'7' rwr►9. � � Notary Public C*ft cow* 4 BOTHEL\DATA4LOVFNG\PACNECO\EASEMENT FLOOD CONTROL 3 STATE OF CALIFORNIA ) ) ss. COUNTY OF r -rRA JrA On this day of krua r ' , 200. , before me, P, 9MM IH9me-L& S. A.Ie:c i e)�Kt , the undersigned Notary Public, personally appeared (or proved to me on the basis of satisfactory evidence) to be the person(t) whose name(,g) is/am subscribed to the within instrument and acknowledged to me that he/s a/ti y executed the same in his/ler/tl>eir authorized c pacify( ), and that by his/r/tbair signature($) on the instrument the person(sl, or the entity upon behalf of which the person* acted, executed the instrument. WITNESSmy hand and official seal. fi Notary Public NMW > it4 STATE OF CALIFORNIA ) ss. ." COUNTY OF 62-1Jr'.rf �,Vr M ) On this Al day of re r-Ejo r- 2041, before me, `' t�A- 1 c4A''5- tj e—= the undersigned Notary Public, personally!Eea/zed GE..: P (or proved to me on the basis of satisfactory evidence)to be the'person(s) whose name-(o()-is/a&- subscribed to the within instrument and acknowledged to me that *she/th*y executed the same in lds/her/tf*ir authorized capacity(b6),'and that by i s/herltN it signature* on the instrument.the person(A), or the entity upon behalf of which the person(V) acted, executed the instrument. WITNESS my hand and official seal urlr„'r�`nirri�ll''�Ev►"�'r �� �' !r �, �.. /���..� Notary Public artrccftmb 5. 6OTHEL\DATA\LOVINGXPACHECO\EASEMENT FLOOD CONTROL 3'" STATE OF CALIFORNIA ) ) ss. COUNTY OF �CJ '' r 6S779 ) On this day of ��roio 2004 before me, S6ij , the undersigned Notary Public, personally appeared" Al 7-146,&)V ,-)LA peft=elly kt.0 me(or--proved to me on the basis of satisfactory evidence to be the'person{ip whose narnL-(#) is/ate subscribed to the within instrument and acknowledged to me that he/sP*/tt%y executed the same in his/tWrttt&.ir authorized capacity(i ), and that by his/h)Kr/their signature(s-) on the instrument the person04, or the entity upon behalf of which the person(V) acted, executed the instrument. WITNESS my hand and official seal. y Notary Public Cwinl C> M �E>t .ian 1�'r, STATE OF CALIFORNIA ) ss. COUNTY OF Qe 3 " rr - > On this/ day of .t7� -rumor r- , 2009, before me, -0-o. a %: "l Al t-,4.0om+ , the undersigned Notary Public, personally appeared j y a mine (or proved to me on the basis of satisfactory evidence) to be the'person(k) whose name(y) is/aVa subscribed to the within instrument and acknowledged to me that he/s1*/tl y executed the same in his/*r/thkir authorized capacity(ioe), and that by his/l /th*ir signature(X) on the instrument the person(S), or the entity upon behalf of which the person(V) acted, executed the instrument. WITNESS my hand and official seal. "NA&MAM V1 A4 Notary Public aein�Cwt+►C,'ouMp '; 6 BOTHEL%DATAILOVINGC PACHECOEEASEMENT FLOOD CONTROL 3 STATE OF CALIFORNIA } r } ss. COUNTY OF tcjM A Qs r"A } r-- tp On this day of &ff,44)A 4. 2004, before me, ?�A9 � d�A_ -..s'' A)eJ 4,1©6 the undersigned Notary, Public, personally appeared L 7z,a,- L E.: 9A,FCAtl wally k ewff tome (or oved to me on the bads of satisfabto evi to be the'persono whose name is/4M subscribed to the within instrument and acknowledged to me that t i /th6y executed the same in Wher/thVir authorized capacity(ios),'and that by igsfher/thokF signature(4j on the instrument the person(V), or the entity upon behalf of which the person(vC acted, executed the instrument. WITNESS my hand and official seal. AWLK 1 ubic- Notary*0100 00-1& STATE OF CALIFORNIA ) COUNTY OF ) } M ) On thisc�q day of-Feb v-. 2004, before me, ?-is r.t L-L w Z. t� e Ls 0 hi , the undersigned Notary' Public, personally appeared 10 e,�'j i Ca pefset ly ki;o � or roved to me on�th6ba�sisof�satisfa�ctory�eviden�ce) to be fihe'persQn( whose name(ss) is/ar� subscribedwledged tome that he/site/thoy-executed the same in his/her/their authorized capacity(iet,), and that by his/hW/th r signature(r) on the instrument the person($✓),or the entity upon behalf of which the person(J*acted, executed the instrument. WITNESSmy hand and official seal. Cortnanns, ,, y36002 NakoyPutft•C01florry Notary Public cafto C000 C"Iv 7' BOTHEL%DATAiLOVENG\PACHECOIEABEMENT FLOOD CONTROL 3'