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Home My WebLink AboutMINUTES - 08102004 - C5 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: August 10, 2054 SUBJECT: ADOPT Resolution approving the conveyance of Contra Costa County Flood Control and Water Conservation District (District) property to Contra Costa Water District (CCWD). Antioch area. District V. [CP#02-54]. Project No. 7566-6D8302 SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. ADOPT Resolution approving the conveyance of Flood Control and Water Conservation District (District) property to Contra Costa Water District (CCWD)for trail purposes. B. DETERMINE that the project is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County guidelines and Section 15312 of the State CEQA Guidelines. C. DETERMINE the property to be no longer necessary for flood control purposes. D. APPROVE and AUTHORIZE the conveyance of said property to CCWD, pursuant to Government Code § 25526.5. E. AUTHORIZE the Chair, Board of Supervisors, to execute a Quitclaim Deed on behalf of the District. Continued on Attachment: X SIGNATURE: _ ECOMMEN6ATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S): r ACTION OF BO ON APPROVED AS RECOMMENDED xx OTHER AUGUST 10, 0 4 VOTE OF SUPERVISORS xx UNANIMOUS{ABSENT NONE ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. G:\GrpData\RealProp\2004-Files\BOS&RES\BO C DeAnza Trail.doc AUGUST 10, 2004 Orig.Div.Public Works(RIP) ATTESTED: Contact: Olivia D.Reynolds(313-2305) JOHN SWEETEN, Clerk of the Board of Cc: Auditor-Controller(via RIP) Supervisors and Coun dministrator PW Accounting PW Environmental By Deputy Recorder(via RIP) Contra Costa Water District Board Orders Clerk Specialist,Adm. SUBJECT: ADOPT Resolution approving the conveyance of Flood Control District property to CCWD. DATE: August 10, 2004 PACE: 2 11. Fiscallmpact: None 111. Reasons for Recommendations and Background: The District acquired certain real property on August 14, 1987 for the construction of the Lindsey Basin. The improvements have been completed. KB Homes, as a condition of approval in the Vierra Ranch 11 Subdivision (Sub 7220), is required to construct the Delta DeAnza Trail between Hillcrest Avenue and Neroly Rd. in Oakley. The trail is on CCWD property to the east and west of District property. CCWD would improve their access to their existing facilities with the proposed transfer of + 3,850 sf of District property. The District does not need the portion and wishes to transfer the property to CCWD. By transferring this portion of the property to CCWD, the trail will be completely on CCWD property and included in their license agreement with East Bay Regional Park District. IV. Consequences of Negative Action: The District will be required to enter into a separate license agreement for this small section of the trail with all the associated costs and a potential increase in the risks associated to a public access trail. Exhibit "A" Fee Title A portion of that certain parcel of land described in the deed to Contra Costa County Flood Control and Water Conservation District filed August 14, 1987 in Book 13838 at page 552 Official Records of Contra Costa County, CA described as follows: Beginning at the most Northwesterly corner of said parcel (13838 OR 552) being an angle point on the boundary of that parcel of land described in the deed to the United States of America recorded March 10, 1938 in book 463 of Official Records at page 17; Thence along the southerly line of said U.S.A. parcel (463 OR17),North 89°38'00" East, 132.16 ft to a point of cusp; Thence along a curve concave to the Southeast the center of which bears South 10°38'27" East; having a radius of 90.00 f1, through a central angle of 72'41' 34", an arc length of 114.19 ft. to a point on the Westerly line of said Contra Costa County Flood Control District Parcel (13838 OR 552); Thence, along said westerly line, North 37'35' 00" West 97.57 feet to the Point of Beginning. qy,0F ESS/0��.. NS 8 No 15227 Exp 3/31/05 ir'�-,'j ' cl\/ ;< -r�-n Z- G:\14950:0'x o!ztspontlex elecsem^_ntalcaseme:R•020502 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on August 10, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GR.EENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE RESOLUTION NO. 2004/433 Deerings Water code, Uncodified Acts ABSTAIN: NONE Act 1656 § 32 West's Water Code, Appendix 64-31 Government Code § 25526.5) SUBJECT: ADOPT Resolution No. 2004/433 approving the conveyance of Contra Costa County Flood Control and Water Conservation District (CCCFC&WCD) surplus property to the Contra Costa Water District (CCWD). [CP# 02-54] Project No. 7566-6138302. Antioch Area. District V. The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation district, RESOLVES THAT: The Board hereby FINDS that the project will not have a significant effect on the environment, and DETERMINES that the project is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines, and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for payment of a $25.00 handling fee to the County Clerk for filing and a $25.00 fee to Community Development for processing of the Notice of Exemption. CCCFC&WCD acquired certain real property on August 14, 1987, Book 13838 of Official Records at page 552 in the Antioch area, a portion of which is described in Exhibit"A" attached hereto, for the construction of the Lindsey Stormwater Detention Basin. Said property is DETERMINED to be surplus and no longer necessary for CCCFC&WCD's purposes and its estimatedvalue does not exceed $25,000.00. This Board hereby APPROVES and AUTHORIZES the conveyance of said property to the Contra Costae Water District, pursuant to Government Code Section 25526.5 and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute a Quitclaim Deed on behalf of CCCFC&WCD. The Real Property Division is DIRECTED to cause said Quitclaim Deed to be delivered to the grantee for acceptance and recording. G:\GrpData\RealProp12004-Files1BOS&RESIBR.26A DeAnza Trail.doc 1 hereby certify that this is a true and correct Ong.Dept.: Public Works(RIP) copy of an action taken and entered on the Contact: Olivia D.Reynolds(313-2906) minutes of the Board of supervisors on the Recording to be completed by contra Costa Water'District date shown. cc: Public Works Accounting Public Works Records ATTESTED: AUGUST 10, 2004 Public Warks Environmental Grantee(via RIP) JOHN SWEETEN, Clerk of the Board of Recorder(via R6P) Supervisors and County Administrator Community Development Dept. ,r Board Orders Senior clerk,Adm. By Deputy RESOLUTION NO. 20041 433 Recorded at the request of: After recording return to: Contra Costa Water District 1331 Concord Avenue P.O. Box H2O7 Concord, CA 94524-2099 Assessor's Parcel No. 0753-0607-07039(portion of) QUITCLAIM DEED For a 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, Does hereby remise, release and forever quitclaim to CONTRA COSTA WATER DISTRICT, a local agency of the State of California,the following described real property in the City of Antioch, State of California. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A FART HEREOF. FLOOD CONTROL & WATER CONSERVATION DISTRICT Date: AUGUST 10, 2004 Brj"" hair4Board ofSupervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA } OnA= 1(3, fore me, M L. SWT Deputy Clerk of the Board of Srvisors, Contra Costa u e County,personally appeared N. FECE .,GLOVER , who is personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)Whose name(s) is/are subscribed to the Within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/herttheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. By: G:\GrpDatatRealProp\2004-Filest04-7\DE 04 DeAnza Trail.doc 4129/03 Exhibit "A" Fee Title A portion of that certain parcel of land described in the deed to Contra Costa County Flood Control and Water Conservation District filed August 14, 1987 in Book 13838 at page 552 OfficialRecords of Contra Costa County, CA described as follows. Beginning at the most Northwesterly corner of said parcel (13838 OR 552)being an angle point on the boundary of that parcel of land described in the deed to the United States of America recorded March 10, 1938 in book 463 of Official Records at page 17; Thence along the southerly line of said U.S.A. parcel (463 ORI 7),North 89°38'00" East, 132.16 ft to a point of cusp; Thence along a curve concave to the Southeast the center of which bears South 1.0°38'27" East; having a radius of 90.00 ft, through a central angle of 72'41' 34", an arc length of 114.19 ft. to a point on the Westerly line of said Contra Costa County Flood Control District Parcel (13838 OR 552); Thence, along said westerly line,North 37'35' 00" West 97.57 feet to the Paint of Beginning. {' No 15227 Exp 3131105 !4-"i 0. fi'tt443{S!Oknnesgondexccessemencslcasemcm-02DSOT -EXHIBIT B USBR 463 or 17 N39a38'O0' E 132,16' . .. r ... � t � C� AREA 3,852 Sf 1 CCWD 83* CCCFC 3c WCD N _o'o1`W� � 13838 or 552 16536 or 953 1 t F ss,�� No 15227 -4 m Exp 3131145 0 30 60C V1 * ,� OF CAL\ I inch = 30 ft PLAT TO ACCOMPANY LEGAL DESCRIPTIONS erl ,- PARCEL FROM CCCFC ensen zar & Associates AND WCD TO CCWD 3655 N' MAIN ST., SUITE 310 -WALNUT CREEK, CA 44596 PHONE: (925) 935-7710 - FAX: (925) 935-7763 SCALE, MATE: 308 NO.: ANTIOCH CONTRA COSTA COUNTY CAU ORNIA 1'=30, 01-30--02 993010K6 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 contact Person: Cece Sellgren - Public Works Deft. Project Description, Common Name (if any) and Location: Delta De Anza Trail Property Transfer, County File CP#02-54. Project Description: The project consists of the transfer of property owned by the Contra Costa County Flood Control and Water Conservation District (FC District) to the Contra Costa Water District (Water District). The property, approximately 3,850 square feet(approx.0.09 acres), is located on the northwest portion of the Lindsey Basin (APN#053-060-009),approximately 1,600 ft.west of the intersection of Laurel Road and Neroly Road (Fig. 2). As a condition of approval in the Viera Ranch 11 Subdivision (Sub 7220), KB Homes is required by the City of Antioch to construct the Delta DeAnza Trail between Hillcrest Avenue and Neroly Road in Oakley. This trail is part of the 30-mile long trail, which is managed by Fast Bay Regional Park District (EBRPD),which extends from Walnut Creek Channel in Concord to Holland Tract in the San Joaquin Delta. The trail is on Water District property to the east and west of FC District property(Lindsey Basin).The Water District would improve their access to their existing facilities with the proposed transfer of the FC District property. The FC District does not need the small parcel and wishes to transfer the property to the CCWD. By transferring this portion of the property to the Water District, the trail can be completely on the Contra Costa Water District property and included in their license agreement with EBRPD. This avoids having the FC District to enter into a separate license agreement for the short section of trail. Project Location: The project is located the east county area, in the City of Antioch (Figures 1 --3). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergency(Sec. 15269(x)) —General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, Class 12 for the following reason(s): This property is surplus government property, which is not in an area of statewide, regional, or area wide concern as identified in Section 15206 (b)(4). Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee 50 Due G:1GrpDatalEngSvc\ENVIRO12002 Projects\CEQAtNOEtDelta DeAnzaTrailPropTrans.doc