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HomeMy WebLinkAboutMINUTES - 07281998 - C25-C26 TH 'BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution July 28, 1998, by the following vote: AYES: Supervisors Gerber, Canciamilla, and Rogers NOES: None ABSENT: Supervisors Uilkema and DeSaulnier ABSTAIN; Nome RESOLUTION NO. 98/403 (Gov.. Code § 25525.5) (F.C.D. Act, Section 31) SUBJECT: Sale of Surplus Property W.O. 8173 FC Permit#61797 Dry Creek, Brentwood Area The Board of Supervisors of Contra Costa County as the Governing Beady of the Contra Costa County Flood Control & Water Conservation District, RESOLVES THAT: Contra Costa County Flood Control & Water Conservation District acquired certain real property on June 12, 1969, in the Brentwood area, described in Exhibit "A" attached hereto, for flood control purposes. Said property is DETERMI'N'ED to be surplus and no longer necessary for District or other public purposes and its estimated value does not exceed $10,000.00. This Board hereby APPROVES and AUTHORIZES the sale of said property to Blackhawk Nunn Active Adult Communities Brentwood, pursuant to Government Code Section 25526.5 and the Board Chair is hereby AUTHORIZED to execute a Grant Deed on behalf of the District in consideration for the payment received in full in the amount of$10,000, the estimated fair market value of the property. The Real Property Division is DIRECTED to cause said Grant Deed to be delivered to the Grantee. The Board hereby FINDS that the effects of this conveyance have already been considered in the Environmental Impact Report prepared for Subdivision 7939, the Brentwood Country Club, and that no further determination in this regard is necessary. This activity has been found to conform to the General Plan of the City of Brentwood. W c:1GrpDatalRealProp198-7\BRIOA26-7.doc 1 hereby certify that this is a true and correct Orig. rept.: Public works(RIP) copy of an action taken and entered on the Contact: N.Wenninger(313-2227) minutes of the Board of Supervisors on the cc: County Administrator date shown. County Assessor '{ } t ` County Auditor-Controller ATTESTED: County Recorder(via R/P) PHIL BATCi l LCA , Clerk of the Beard Public works Accounting of Supervisors and Gotnty Administrator Grantee(via R/P) By c —Deputy RESOLUTION 98/ 403 EXHIBIT"A" LEGAL DESCRIPTION AREA 1 All that real property, situated in the city of Brentwood, County of Contra Costa, State of California, described as follows: Being a portion of Parcel 1 described in the Corporation grant deed to the Contra Costa County Flood Control and Water Conservation District, recorded June 12, 1969, in Book 5897, of Official Records, at Page 837, in the Office of the Recorder of Contra Costa County,more particularly described as follows: BEGINNING at the most Southwestern corner of said Parcel 1, said point of beginning being South 26° 56' 08"East 29.00 feet distant from point "S" as described in said deed (5897 OR 837);thence, from said point of beginning,along the Southwesterly line of said Parcel 1 (5897 OR. 837), North 260 56' 08" West, 63.00 feet to the intersection of said Southwesterly line and the Northwesterly line of said Parcel 1 (5897 OR 837); thence, along said Northwesterly line, North 630 03' 52" East, 538.48 feet, to the Southwesterly boundary line of Subdivision 8017, as said subdivision is shown on the map of "SUBDIVISION 8017, DISCOVERY AT BRENTWOOD — UNIT 1", filed December 17, 1996, in Book 390, Maps, at page 27, in the Office of the County Recorder of Contra Costa County; thence, leaving said Northwesterly line, South 50° 16' 29" East, 68.61 feet, to the Southeasterly line of Parcel 1 (5897 OR 837); thence,along said Southeasterly line, South 63° 03' 52" West, 68.65 feet; thence, South 26° 56' 08" East, 3.00 feet; thence, South 63° 03' 52", 20.00 feet; thence,North 260 56' 08" West, 3.00 feet; thence, South 630 03' 52"West, 477.03 feet,to the POINT OF BEGINNING. Containing 34,840 Sq. Ft. more or less. Prepared by: NDT. S j errence P.L.S. 5099 `ycpr t+rs '096111 5099 T 4f A tf ......... ..._.._.......1.11.1 11.11..._ __. ..... ......... ......... ......................._.. ......... ......... ......... - _ ......... .........._... .......... 1111. ARecorded at the request of: Blackhawk Nunn Active Adult Communities Brentwood Return to: Blackhawk Services Company 445 Concord Avenue Brentwood, CA 94513 A Portion of Flood Control District Dry Creek Parcel 1 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, Grants to Blackhawk Nunn Active Adult Communities Brentwood the following described real property in the City of Brentwood, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATIONDISTRICT Dated July 28 , 1998 By ' „ >� ��✓ Chair, Kbard of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On July 28, 1998 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator,Contra Costa County,personally appeared Jim Rokers who is personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) iisl'are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herftheir authorized capacity(les), and that by his/herAheir signs- ture(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instru- ment. + By: I17 lit c ._a.0_� A. ►-�' Deputy Clerk NW:gpp G:\GrpDatalRealProp198-6\D 381k.doc EXHIBIT"A" LEGAL DESCRIPTION AREA 1 All that real property, situated in the city of Brentwood, County of Contra Costa, State of California,described as follows: Being a portion of Parcel 1 described in the Corporation grant deed to the Contra Costa County Flood Control and Water Conservation District, recorded June 12, 1969, in Book 5897, of Official Records, at Page 837, in the Office of the Recorder of Contra Costa County,more particularly described as follows: BEGINNING at the most Southwestern comer of said Parcel 1, said point of beginning being South 26° 56' 08" East 29.00 feet distant from point "S" as described in said deed (5897 OR 837); thence, from said point of beginning,along the Southwesterly line of said Parcel 1 (5897 OR 837), North 260 56' 08" West, 63.00 feet to the intersection of said Southwesterly line and the Northwesterly line of said Parcel 1 (5897 OR. 837); thence, along said Northwesterly line, North 63° 03' 52" East, 538.48 feet, to the Southwesterly boundary line of Subdivision 8017, as said subdivision is shown on the map of "SUBDIVISION 8017, DISCOVER' AT BRENTWOOD — UNIT I", filed December 17, 1996, in Book 390, Maps, at page 27, in the Office of the County Recorder of Contra Costa County; thence, leaving said Northwesterly line, South 500 16' 29 East, 68.61 feet,to the Southeasterly line of Parcel 1 (5897 OR 837);thence, along said Southeasterly line, South 63° 03' 52" West, 68.65 feet; thence, South 261 56' 08" East, 3.00 feet; thence, South. 63° 03' 52", 20.00 feet; thence, North 260 56' 08" West, 3.00 feet; thence, South 630 03' 52" West, 477.03 feet, to the POINT OF BEGINNING. Containing 34,840 Sq. Ft. more or less. Prepared by: LANQ U T. errence onnors P.L.S. 5099 C-APfotors C13*111 5059 rql��FCA ��o�� CITY OF BRENTWOOD COUNTY OF CONTRA STATE OF CALIFORNIA AREA I 0.) AV N63`030529'E 68.65' S26'56'08"E P1 3.00' " } N63'03'52"E X1.40 � N26-56#08'#Ww 3.00 S50'16'29"E � � C-CL.f ICt & wC.P. / 68.61' Parcel One 897 OR, 81 Ic lO �'\' OR, _./81 .. - �� __ P.O.B. f �-- N26 56 48 w 63.00' 612 OR, 260 LEGEND Poe POINT of BEGINNING 34,840 Sq. Ft. 03-02-98 UMCIPu, Momma Sq-A�rJN y 7 JMR =0 �}TTc sass WILLO wAY. SUM 2ev ccs .�LkA ��711T � INC. NCORD, ca. 945ZO ti 'To. BOARD OF SUPERVISORS CQC1tC'i FROM: Victor J.Westman,County Counsel ` : A Costa DATE: July 28,1998 county SUBJECT: Approval of Contract Amendment With Gordon,DeFraga, Watrous&Pezzaglia,Inc. SPECIFIC REQUEST(S)67R RECOMMENDATIONS)8 BACKGROUND AND JUSTIFICATION 1. REC0MM6LN-Q F.D ACTIUN: Approve and authorize the Chair to execute on behalf of the Burd of Supervisors(as the Board of Directors)for the Blackhawk and Canyon Lakes GHADs, a contract with Gordon, DeFraga, Watrous& Pezzaglia, Inc., for the continued provision of expert legal services concerning soil stabilization matters in the involved GHADs. II. FNNQ(AL IMPACT: This Contract is funded by County geologic hazard abatement district funds. 111. REASONIJ F A : Since the formation of the Blackhawk and Canyon Lanes Geologic Hazard Abatement Districts, a number of soil;stabilization situations therein have required the provision of expert services to address them. This amendment will allow the continued provision of those specialized expert services. CONTINUED ON ATTACHMENT: YES SIGNATURE: . 4040 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O OARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON July 2 8 ? 1998 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS i HEREBY CERTIFY THAT THIS IS A TRUE AND (ABSENT I I_, IV CORRECT COPY OF AN ACTION TAKEN AND ENTERED N THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ATTESTED -- j' ABSENT: ABSTAIN: PHIL TC LOR, CLERK<OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Counsel Risk Management Bill Gray, General Manager BY 2�&��4 LILL—" c/o County Counsel's Office DEPUTY H:tDF0T1%8D-ORDEMVJMG0R0.8D.W Pia M382 ti. CONTRACT AMENDMENT AGREEMENT (Purchase of Services) 1. Identification of Contract to be Amended. Number: N/A Effective Date: January 1, 1998 Department: County Administrator Subject: Legal Services 2. Parties, The County of Contra Costa,California(County), in its capacity as the Board of Directors of the Blackhawk and Canyon Lakes Geologic Hazard Abatement District,and the following named Contractor mutually agree and promise as follows: Contractor: Gordon,DeFraga,Watrous&Pezzaglia,Inc. Capacity: Law Firm Taxpayer ID#94-2293260 Address: P.O. Box 630,Martinez,CA 94553 3. Amendment Date. The effective date of this Contract Amendment Agreement is July 1, 1998. 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications"attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties'agreement hereto: COUNTY OF CONTRA COSTA,CALIFORNIA BOARD OF SUPERVISORS ATTEST: Phil Batchelor,Clerk of the Board of Supervisors and County Administrator < A By i G Chairm , esi nee V Deputy a C CTOR By. By ALLAN DeFRAGA, VXce President PETER D. LANGLEY Se retary (Designate business capacity A) (Designate business capacity B) H:IDFOTMD-oRDERkV MSordon.wpd ` Now to Contractor:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. AMENDMENT SPECIFICATIONS The County Board of Supervisors also serves as the Board of Directors for the Blackhawk Geologic Hazard Abatement District and Canyon Lakes Geologic Hazard Abatement District. Except as herein provided,Contractor hereby agrees to provide legal services to the Blackhawk and Canyon Lakes Geologic Hazard Abatement Districts in accordance with all the terms and conditions of the contract(effective date of January 1, 1998) entered into between the County and Contractor. The Districts' General Manager may assign various requests for particular items of legal services (e.g., opinions, active litigation, etc.)to the Contractor after first obtaining the County Counsel Office's review and approval for each particular item of work. Contractor billings for legal services provided pursuant to this amendment shall be provided directly to the General Manager for review, approval and payment with copies thereof concurrently provided to the County Counsel's Office (attention: David Schmidt). Where an active litigation matter has been assigned, the County's Risk Management Division may be involved to provide related administrative assistance. Contractor shall in a timely manner provide the County Counsel's Office (attention: David Schmidt) with copies of all correspondence(letters,opinions, pleadings, etc.)produced concerning assigned items of work. H:\DFOTI\BD-ORDER\VJW\gord-spc.wpd