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HomeMy WebLinkAboutMINUTES - 09131994 - 1.29 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood 12 Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: SEPTEMBER 13, 1994 SUBJECT: DA29G - BASIN AND OUTFALL -ANTIOCH AREA Project No.: 7568-6D8750 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant of Easement from Sportsmen, Incorporated. B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the District. C. APPROVE payment of $14,000 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Chicago Title Insurance Company, 500 Ygnacio Valley Road, Ste 200, Walnut Creek, California, Escrow No. 76071, to be forwarded to the Real Property Division for delivery. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON SEP 13 1994 APPROVED AS RECOMMENDED -/, OTHER_ 1 hereby certify that this Is a true and Correct copyof an action taken and entered on the minute8 of the Board of Supervisors on the date shown. ATTESTED: SEP 1 3 194 PHIL BA EL rrkk-of the Board VOTE OF SUPERVISORS of.Supervisors and CI County Administrator UNANIMOUS (ABSENT ) - AYES: NOES: By Deputy ABSENT: ABSTAIN: - KAM:glo c:bo13b.t9 Orig. Div: Public Works(R/P) Contact: Karen McNamer(313-2228) cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting DA29G-Basin & Outfall -Antioch Area September 13, 1994 Page Two II. Financial Impact: Payment of$14,000 from DA29G funds. III. Reasons for Recommendations and Background: These property rights are required for the DA29G Basin and Outfall project in accordance with approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. r i Recorded at the request of: Contra Costa County Flood Control and Water Conservation District Return to: Contra Costa County Flood Control and Water Conservation District (� Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Karen A. McNamer Portion of Assessor's Parcel No. 051-040-065 Project No.: 7568-6D8750 GRANT OF EASEMENT THIS INDENTURE, made by and between SPORTSMEN INCORPORATED, a California corporation, hereinafter called the GRANTOR, and CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, 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 Contra Costa, State of California, described as follows: . FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. It is understood that each of the undersigned GRANTORS grant only the portion of the land described in said Exhibit "A" which is owned by said GRANTOR, or in which said GRANTOR has an interest. The easement herein granted shall include the right by said GRANTEE, its officers, agents and :mployees, and by persons under contract with it and their employees whenever and wherever iecessary for flood control purposes, to enter upon said land with personnel, vehicles and equipment, :o remove all trees, vegetation and structures thereon that interfere with the purpose for which the easement herein is granted. I; TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE's successors and assigns forever. ��N WITNESS WHEREOF, the GRANTOR has executed this indenture this 00 TN day of SPORTSMEN INCOR�'ORAfED � 1 A:glo \11 ASIA10 iber 6, 1993 Drainage Area 29G - Line p PARCELS 1728 & 1728T - Sportsmen Inc. Ptn. APN 051-040-065 Drawing ED-10187 EXHIBIT "A" Real property in the southeast quarter of Section 16, Township 2 North, Range 2 East, Mount Diablo Meridian, in the unincorporated area of Oakley, Contra Costa County, California, described as follows: PARCEL 1728: (Permanent Easement) A portion of that parcel of land described in the deed to Sportsmen Incorporated recorded November 25, 1953 in Volume 2230 at page 567, Official Records of said County, and a portion of that parcel described in the deed to Sportsmen Incorporated recorded April 6, 1961 in Volume 3840 of Official Records at page 301, described as follows: Commencing in the intersection of Wilbur Avenue and Bridgehead Road at the monument marking the southeast corner of Section 16 (T2N, R2E); thence along the south line of Section 16, being also the centerline of Wilbur Avenue, north 89005'20" west 1,829.55 feet, to the southerly prolongation of the east line of said Sportsmen Incorporated parcel (2230 O.R. 567); thence along said prolongation, north 0046'43" east 1,647.00 feet, to the southeast corner thereof, the Point of Beginning; thence from the Point of Beginning, along the east line of said parcel (2230 O.R. 567) and the east line of said Sportsmen Incorporated parcel (3840 O.R. 301), north 0046'43" east 1,122.06 feet; thence leaving said east line, north 89013'17" west 15.00 feet; thence south 0046'43" west 1,122.02 feet, to the south line of said parcel (2230 O.R. 567); thence along the said south line, south 89°05'20" east 15.00 feet, to the Point of Beginning. Containing an area of 16,831 square feet (0.386 acre) of land, more or less. PARCEL 1728T: (Temporary Construction Easement) A portion of that parcel of land described in the deed to Sportsmen Inc. Yacht Club recorded December 3, 1979 in Volume 9641 at page 196, described as follows: Beginning on the west line of said Yacht Club parcel (9641 O.R. 196) at the Point of Beginning of PARCEL 1728 described in this document; thence from the Point of Beginning, along said west line, north 0046'43" east 1,122.06 feet; thence leaving said west line, south 89013'1T' east 8.00 feet, to the east line of said Yacht Club parcel; thence along the boundary of said Yacht Club parcel as follows: (1) south 0046'43" west 1,145.58 feet, (2) north 89005'20" west 8.00 feet, and (3) north 0046'43" east 23.50 feet, to the Point of Beginning. Containing an area of 9,165 square feet (0.210 acre) of land, more or less. Bearings are based on the California Coordinate System Zone Ill (C.C.S. 27). 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