HomeMy WebLinkAboutMINUTES - 09131994 - 1.28 ZF
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: SEPTEMBER 13, 1994
SUBJECT: DRAINAGE AREA 40A, LINE A - MARTINEZ AREA
Project No.: 7565-6D8702 Account: 3540 Task: ACQ
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
t. Recommended Action:
A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated August 17, 1994, from
Laurence A. Lowell.
B. AUTHORIZE the Public Works Director to sign said Contract on behalf of the County.
C. DIRECT the Auditor-Controller to issue a check for$17,500 payable to Laurence A. Lowell and
Oliver W. Bray, Attorney-at-Law, P.O. Box 630, Martinez, California, 94553.
D. DIRECT the Real Property Division to record said easement in the Office of the County Recorder.
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER /Z
SIGNATURE(S):
ACTION OF BOARD ON SEP 1 31994 APPROVED AS RECOMMENDED X OTHER_
VOTE OF SUPERVISORS
2<, UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
RF:glo
g:\realprop\temp\BOa 13c.t9 I hereby certify that this is a true and correct copy of
Orig. Div: Public Works(R/P) an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
Contact: Roger Frost(313-2223) ATTESTED: CSP 1 Q 1QQ.
cc: County Administrator PHIL BATCHEL the
goab"—
Auditor-Controller(via R/P) Supervisors and my Administrate
P.W.Accounting ,
Recorder(via R/P) ey Deputy
p �A
II. Financial Impact:
Payment totatalling $17,500; from Drainage Area 40A fees.
III. Reasons for Recommendations and Background:
Construction of underground drainage facility across Grantor's property required the acquisition
of a permanent drainage easement. The payment set forth in I. above represents the
consideration for said rights and settlement of Superior Court Case No. C93-05740.
IV. Consequences of Negative Action:
Negotiations with the Grantor will have to be re-opened with the most likely outcome being the
expenditure of more time and money for a similar conclusion.
v
Recorded at the request of:
(v,J
Contra Costa County ?
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive '
Martinez, CA 94553
Attention: Roger Frost
Assessor's Parcel No. 375-311-003
GRANT OF EASEMENT
THIS INDENTURE, made by and between LAURENCE A. LOWELL, hereinafter called the GRANTOR, and
CONTRA COSTA COUNTY, 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,forflood 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
Contra Costa, State of California, described as follows:
FOR DESCRIPTION SEE EXHIBIT "A"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.
s, 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 1 / day of A-Z
�110 ���
Laurence A. Lowell
ABOVE SIGNATURES MUST BE NOTARIZED
ATTACH NOTARY HERE
A
R F:g to
g Arealprop%temp\EA1 LAL.t8
August 2, 1994
Drainage Area 40A - Line A
16' Permanent Easement
Parcel 1119C-Lowell
Ptn. APN 375-311-003
Dwg. EB-10138.1
EXHIBIT "A"
Real property in Rancho Las Juntas, Contra Costa County, California, being a portion of Lots 6, 7
and 8 of Block 3, Martinez Oak Knoll Tract filed November 22, 1915 in Book 14 of Maps at page
292, further described as follows:
Commencing at a street monument on the centerline of Santa Fe Avenue that bears south 0005'15"
west 456.35 feet from the street monument marking the centerline intersection of Santa Fe Avenue,
and Almond Street, thence south 4042'35" east 298.94 feet to the Point of Beginning on the west
line of said Lot 7; thence from the Point of Beginning, along said west line, south 0005'15" west 7.00
feet, to the northwest corner of said Lot 8; thence along the west line of Lot 8, south 0005'15" west
13.21 feet; thence leaving said west line, north 52025'35" east 99.48 feet, to a point on the
southwest line of PARCEL 1119A described in the easement to Contra Costa County recorded May
24, 1983 in Volume 11264 of Official Records at page 715 (said point bears north 48024'03" west
4.35 feet from the south corner of PARCEL 1119A), thence along said southwest line, north
48024'03" west 16.29 feet; thence leaving said southwest line, south 52025'35" west 84.07 feet, to
the Point of Beginning.
Containing an area of 1,468 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
T
1 AA'D
Signature:
L censed Land Surveyor
Contra Costa County Public Works rxp
No. 5999
D ate:
Cf CAl`+4�
LH:jlg:glo l
c\ex:DA40A.Lwl
7/28/94