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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-588 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,GIover and Uilkema NOES: None ABSENT: None ABSTAIN: None �l�al.UTi[3�N�.��►U5l S�8 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 IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED'. INSTRUMENT: REFERENCE:' GRANTOR: AREA: DISTRICT: Grant of Easement for Parcels B and C 148PM1 Pacheco Properties Pacheco II Drainage Purposes APN:380-260-002, -003 I hereby certify that this is a true and correct copy of action taken and entered on the minutes of the Board of Supervisors on the date shown. :\ rm GGt:�Grpt7ata\lvngsvo\eo\zoos\o9-2o\na 05-00057$o-27.z:aoC ATTESTED: SEP=ER 20- : 2005 Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Supervisors and Contact:S.Gospodchikov(313-2318) County Admmistrator Recording to be completed by COB cc: Current Planning,Cotrununity Development Pacheco Properties By SW4 ,Deputy 605 Miner Road Orinda,CA 94563 RESOLUTION NO.2005/ '58$ Recorded at the request of: R$C0;� r Off ice Contra Costa CountyL, UAE clerk-Recorder 200 4 601 f)3--j)j9 Return to: W+►dnesday, SEP 21, 2005 11:49:36 Contra Costa County FRE s0.4 Public Works Department Tt1 pd $000 Real Property Division Nbr-t W290 362 255 Glacier Drive Martinez, CA W53 Attn: Assessor's Parcel No. 380-250-002-7, 380-260-003-5 GRANT OF EASEMENT THIS INDENTURE, made by and between 'ACHECO PROPERTIES, a California limited partnership, hereinafter 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 all 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 Centra Costa, State of California, described as follows: FOR DESCRIPTION SEE EXHIBITS "A-1", "A-2"AND"B"ATTACHED HERETO AND MADE A PART 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 Exhibits A-1" and "A-2" 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: TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE'S successors and assigns forever. [SIGNATURE PAGE FOLLOWS] BOTHEL\DATAiLOVING1PACHECOXEASEMENT FLOOD CONTROL(BiCKERSTAFF 2 IN WITNESS WHEREOF, the GRANTOR has executed this indenture this 2.1 day of 2005. GRANTOR; PACHECO PROPERTIES a California limited partnership By;M ,K— 61.4 Name: lts: Grp By Namer ABOVE SIGNATURES MUST BE''NOTARIZED 2 BOTHELtOATAlLOVINGiPACHECO\EASFMENT FLOOD CONTROL(BICKERSTAFF 2 Legal Description of Easement Area Parcel B' EXHIBIT A-1 A Storm Drain Easement referred to herein is situated within Parcels B and C delineated on Parcel Map, Subdivision MS 108-89, recorded on July 31,;1990 in Book 148 of Parcel Maps, Page 1, County of Contra Costa Records, State of California, and is described as follows: Beginning at the Southwest Corner of said Parcel C; thence, along the West boundary of said Parcel C, North 15°27'34"''West'a distance of 17.95 'feet; thence South 74°32'26"West a distance of 15.08 feet; thence South 10°47'34"East a distance of 16.75 'feet to a point on the South boundary of said Parcel Band the Forth right-of-way of the A. T. & S. F. Railroad; thence, along said right-of-way, around a 1729.66 foot radius curve to the left with the radius point bearing North 10°49'35"West from the beginning of this curve, through a central angle of 00°32'47" and an arc length of 16.49 feet to the Point of Beginning. Containing 273 square feet, more or less. Prepared by Luk and Associates O D s� JL CAN Paul Canumay,PLS3272 PLS 5272 Expires 06/30/06 EXP 6/30/2006 N�T Date: OF CA This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act. F:\WP\LEGAL\2003\23107-15\Easement Area Parcel"B 06032005.dac 6/3/2005 Legal Description of Easement Area Parcel C EXHIBIT A-2 AStorm.Drain Easement referred to herein is situated within Parcels B and C delineated on Parcel Map, Subdivision MS 108-89,recorded on July 31, 1990 in Book' 148 of Parcel Maps, Page 1, County of Contra Costa Records, State of California, and is described as follows: Beginning at the Southwest Comer of said Parcel C being on the North right-of-way of the A. T. & S. F.Railroad; thence, along said right-of-way, around a 1729.66 foot radius curve to the left with the radius point bearing North 11'22'22"West from the beginning of this curve, through a central angle of 00°41'37" and an are length of 20.94 feet; thence'North'15°27'34" West a distance of 19.32 feet;thence South 74°32'26" West a distance of 20.89'feet to a point on the East boundary of said Parcel B;thence, along the East boundary of said Parcel''B, South 15°27'34"East a distance of 17.95 feet to the Point of Beginning. Containing 390 square feet, more or less. Prepared by Luk and Associates LANDCAN Paul Canumay,PLS 3272 PLS 3272 Expires'06/30/05 EXP 6/30/2006 fir Date: d• n'03- ?' 9 X a'C This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act. F:\WP\LEGAL\2003\23107-15\Easement Area Parcel C 06032005.doe 6/3/2005 PIPELIN 'EASEMENT 4 3E P j,/ AS PER 148 PM 1 cn {8145 d 203) ; Pr\TT C r N74; 2 26"E 35.97'(T) 15 201.89' irk � L1— 0'32'47' 1 =6b-41'37' / L=\6.49' L 20.94' r� =01•14'23'(T) R-1724 r,r, -37.43'(T) � c;� r- r-J r r -A. Tta s,.' , RR, CC, 0 D 50- 0- � o s�� PAUL CANUMAY No. L 3270 # Exp.6-30-06 PAUL CANUMAY ` OF CAti� � LS 3272, EXP. 06/30/2006 PLAT TO ACCOMPANY LEGAL DESCRIPTION OF EASEMENT AREA BEING PORTION OF PARCELS B AND C, 148 PM 2 LOCATED 1N POR11ON OF RANCHO LAS JUNTAS CONTRA COSTA COUNTY, CALIFORNIA Prepared By Luk and Associates Civil Engineers — Land Planners — Land Surveyor's 738 Alfred Nobel Drive Hercules', California 94547 JUNE 30 2005 SCALE: 1"=14' 23107-15\ESMT\SDE-FORM ANH©LE.DWG' STATE OF CALIFORNIA ) ss. COUNTY OF On this day of 2005, before me, the un e igned Notary lc, personally appeared ' ' .-M personally known to me (or 2roved to me on the basis of satisfactory evidence) to be thee�„r,on,s)whose name(s),islare'subscribed to tw---'"thin instrument and acknowledged to me that heelthey executed the same in his/her/their authorized cg�(ies), and that by his/ /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JOVC9 COMMMOM#T46M6 tars POlic Crxft CodatY My I=-=M311X 1 STATE OF CALIFORNIA } 4? lt��. /)-5 ) ss 4 COUNTY OI" �' } On this day of P!' , 2005, before me, ✓ :the undersigned Notary Pu c, personal!r�app rr d c9 personally known to me (o2roved o me on tbg„tasis of satisfactory evidence) to be the pe sons) whose n_ame(s)jure subscribed to the within in`st`rument and acknowledged to me thaLt a/shelthey executed the same in his/her/their authorized c „city(ies), and that by- is/her/their si nature(s) on the instrument the erson(s), or the entity upon behalf ofi which the' erson(s) acted, executed the instrument. WITNESS my hand and official seal. .�... JOYCE SMON CcsmmiaaWn#14M2,6 Notes PUb#0-COMOMI a KpKry Pu66 MyComm DOC 20( BOTHELZATAtLOVING\PACHECOCEASEMENT FLOOD CONTROL#BSCKERSTAFF 2