HomeMy WebLinkAboutMINUTES - 09282004 - C.15 TO: BOARD OF SUPERVISORS, as the Governing Body of The Contra Costa County Flood Control and
Water Conservation District, California el.
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: September 28, 2004
SUBJECT: ADOPT Resolution approving the conveyance of an easement across Contra Costa County Flood
Control and Water Conservation District's (District) property to Diablo Water District (DWD) in
connection with Subdivision 6963 over Marsh Creek, Flood Control Permit 608-03. [County File #
3048-87]. Oakley area. District V. Project No. 7584-6D8304
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. ADOPT Resolution approving the conveyance of an easement across District's property to Diablo
Water District in connection with Subdivision 6963 over Marsh Creek.
B. APPROVE and AUTHORIZE the conveyance of said easement to Diablo Water District, pursuant to
Government Code § 25526.6.
C. AUTHORIZE the Chair, Board of Supervisors, to execute a Grant of Easement on behalf of the
District.
H. Fiscal Impact: In consideration for the conveyance of the Grant of Easement to Diablo Water District the
Contra Costa County Flood Control and Water Conservation District has received payment in the amount of
$1,000.00, for property rights required for this project. Revenue from this project will be deposited into
Drainage Area 52D funds.
III. Reasons for Recommendations and Background: These property rights are required for public use for
waterline purposes, in accordance with approved plans and specifications. The Board of Supervisors
previously adopted the Negative Declaration for Subdivision 6963 in 1993.
IV. Consequences of Negative Action: Water service to Subdivision 6963 will not be available if the Flood
Control District does not convey a waterline easement to th Diablo Water District.
Continued on Attachment: SIGNATURE: 44k
COMMENDATION OF COUNTY ADMINISTRATOR
®RECOMMENDATION OF BOARD COMMITTEE
—,APPROVE OTHER
SIGNATURES) ' • �� s
ACTION OF AG YON APPROVED AS RECOMMENDEDxx OTHER
x --
VOTE OF COMMISSIONERS
xx UNANI_MOUS(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 Redevelopment Agency on the
LLO:eh
date shown.
G:\GrpData\RealProp\2004-Files\BOS&RES\BOdiabiowarter Easement.doc ATTESTED: SEPTEMBERy ALF
Orifi.Div: Public works(R/P) JOHN SWEETEN,Agency Secretary
Contact: L.Lucy Owens(3I3-2224)
cc: County Administrator "y
Real Property BY Deputy
THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA
Adopted this:Resolution on September 28, 2004,by the following vote:
AYES. SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN. NONE RESOLUTION NO. 2004/517
Deerings Water Code,Uncodified Acts
Act 1656 § 31
West's Water Code,Appendix 64-31
Government Code § 25526.6
SUB IJECT. ADOPT Resolution No. 2004/ 517approving the conveyance of an easement across Contra Costa
County Flood Control and Water Conservation District's property to the Diablo Water District,in
connection with Subdivision 6963, Marsh Creep. [County File# 3048-87]
Oakley Area. District V
Project No.7584-6D8304
The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water
Conservation District RESOLVES THAT:
On.June 15, 1993, the Board of Supervisors approved the Negative Declaration for this project indicating
that preparation of an Environmental Impact Report was not required.
Contra Costa County Flood Control and Water Conservation District acquired certain real property by deed
recorded on November 6, 1964,in Bonk 4738 at page 474,in the Oakley area. Diablo Water District has requested
an easement over a portion of said property,described in Exhibit"A"and shown on Exhibit`°B"attached hereto,for
the purpose of installing,operating and maintaining a waterline facility for Subdivision 6963. This Board FINDS
that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the
District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of said easement to Diablo Water
District over the property described in Exhibit"A"and shown on Exhibit"B"attached hereto,pursuant to the above-
referenced statutory authorities and the Chair,Board of Supervisors,is hereby AUTHORIZED to execute a Grant
of Easement on behalf of the District in consideration for the payment received in full in the amount of$1,000.00.
The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee.
LLC?:eh !hereby certify that this is a true and correct
G:\GrpDara\ReaiPropt2064-Files`tBOS&RESIBR.27A.DVM.doc copy of an action taken and entered on the
Orig.Dept.: Public Works(RtP) minutes of the Board of Supervisors on the
Contact: L.Lucy Owens (313-2229) date shown.
cc: Public Works Accounting
Public Works Records ATTESTED- SEPTEMBER 28, 2004
Grantee(via RIP) JOHN SWEETEN,Clerk of the Board of
Recorder(via RIP) Supervisors and Counjy Administrator
Community Development Dept. ,t
BY Deputy
RESOLUTION NO. 20041517
Water Line Easement
over Marsh Creek
(C.C.C.F.C. & W.C.D.)
EXHIBIT A
Real property situated in the City of Oakley, Contra Costa County, State of
California. described as follows:
Portion of the Parcel of land described in the deed to Contra Costa Flood
Control and-`dater Conservation .District (C.C.C.F.C. & W.C.D.) recorded in
Book 4738 of Official Records at page 474, being a 20.00 foot wide strip of
land measured 10.00 feet on a right angle on each side of a center line which
is described as follows:
Commencing at the southern comer of parcel Two of subdivision 8650
recorded July 241h, 2002 in Book 445 of Maps at page 11, thence along the
southwestern line of said parcel two, said line also being the easterly line of
the aforementioned (C.C.C.F.C. & W.C.D.) parcel, said point also being on
an arc having a radius of 557.00 feet the center of which bears south
56°25'36" west; thence along said easterly line of said parcel an arc distance
of 39.73 feet, through a central angle of 04'05'12" to the Point of Beginning;
thence from said point of beginning leaving said line south 52'20'10" west
along the radial of said arc 114.00 feet to a point on the westerly line of said
parcel. The side lines of said easement shall be lengthened or shortened to
terminate at the east and west lines of said parcel respectively.
Containing an area of 2,.280 square feet more or less.
Exhibit "B" (plat map) attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction,
in conformance with the Professional Land Surveyors Act.
signature:
'N'`
Izzat S. Nashashibi R.C.E. 29528
N4.
Date: t1 ►.M-3141 �
' ' CF
` t
♦ 1
t
PARCEL TWO
` 445 M 11
1
` R=557.00
L—138.91'(T)
L 14'17'1 9 (T)
co
�►\ ` Ul)
tory tt7 it!
d i 00
CL 20.0 WIDE WATER - /
LIVE EASEMENT ! �{�/::•.•,� t �tj!J
PARCEL 3
1�1J.E3aGD M.•. t
% 031-07 #
CIVIL
-- ——————————————————\ c %
PARCEL D
58 PM 45
1
EXHIBIT B SCALE 1"=40'
A g '` UXANN COURLW INC. DATE 02/27/03
WATER LINE
EASEMENT BY H. N.
1021 ZZOMM AYL LAFLU '1C, CL 94549
PH (9W) U3-5000 FU (M) 2N-3578 OVER MARSH CREEK dab NO. :::981448
APR-29-2303 TUE 03:08 IM FAX N r u✓
ALIF(�r p►ify �VIRONMENTAL aJALIT'IC iT�'�AC—T, -,
11 Li E i
h.
DETERMINA
CONTRA A C MMUNITY DEVELOPMENT DEPAR }Ul T
.�x�� Ei f2 i
851 PINE STREET � ` ',W TH WING MARTINEZ, CALIFORNIAW64
Telephr3 �15) 646-2031 Contact Person: Art Ber, ostt'r •: �'�-`
Project Description. Common Name (if any) and Location:
IL 60 =
3 C's Devco tApplicant} - Robert bollen €Owned, County File # 2736-RZ: The applica req ests approval to rezone
35.9 acres from the Heavy Agricultural District (A-3) to the Planned Unit District (P-1).
8 The applicant requests approval of a Final Development Plan for 237 single family residences,
County File #3(748-
a tot lot, parking spaces and a portion of a 3.6 acre (2.2 acres) detention basinipark site.
County File # 6963: The applicant requests approval of a Tentative Map for 237 single family residences along with
other uses.
The subject property for the above referenced application fronts on the south side of Laurel Road immediately east
of the Marsh Creek Flood Control Channel and south and southeast of the development known as Quail Valley Estates.
The site also fronts on the southwesterly side of the AT&SF Railroad tracks. (Parcel # 033-030-036 and
433.150-012) (CT 30.20) (ZA:H-26) (A-3)
The project was approved on-_
Pursuant to the provisions of the California E inn ronmental Quality Act:
An Environmental Impact Report was prepared and certified (SCH # ).
s prep Project
red was encompassed by an EniSCH ental Impact Report previously
A Negative Declaration was issued indicating that preparation of an Environmental Impact
Report was not required.
Copies of the record of project approval and the Negative declaration or the final EIA may be examined at the office
of the Contra Costa County Community Development Department.
The Project will not have a significant environmental effect.
The Project will have a significant environmental effect.
Mitigation measures were made a condition of approval of the project.
A statement of overriding considerations was adopted.
Findings were adopted pursuant to Section i 509? of the State C;QA Guidelines.
Date: f.. -i 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 21 t 52(cl. Said notice will remain posted for 30 days from the filing date.
Signature Title
Applicant's Department ct Fish and Game Fees Due:
Narne: 3 C's DEVCCI EIR - $850 Total Due: 5
Address:105 Alta Haciendas X Neg. Dec. - $1,250 Total Paid: $
Qrinda, CA 94583 DeMinimis Findings - $0
X County Cierk • $25 Receipt /t:
Recorded at the request of:
Diablo Water District
After recording return to
Diablo Water District
P.O. Box 127
Oakley, CA 94561
Attention: Linda Lilly
A portion of Marsh Creek
CRANE' OF EASEMENT
For good and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political
subdivision of the State of California, (hereinafter "DISTRICT"), hereby grants to the
DIABLO WATER DISTRICT, a public utility (hereinafter"GRANTEE"),a nonexclusive right
to a perpetual easement and right of way for installing, constructing, reconstructing,
removing, replacing, repairing, upgrading, maintaining, operating and using a waterline
through a steel sleeve, the top of which is at elevation 9.5-feet and appurtenances thereto,
and for no other purposes whatsoever, along and in all of the hereinafter described parcel
of land situated in the County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A" AND "E"
The foregoing grant is made subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERTY The primary use of the Property subject to
this easement(hereinafter the "Property") is for the conveyance of storm water and
flood protection. GRANTEE acknowledges and agrees that the use just described
constitutes the primary use of the Property and that any and all rights granted or
implied by this Grant of Easement are secondary and subordinate to the primary
use of the Property by the DISTRICT, its successors and assigns. GRANTEE shall
not, at any time, use or permit the public to use the easement area in any manner
that will interfere with or impair the DISTRICT's primary use of the Property.
GRANTEE shall not fence said easement without the prior written approval of the
DISTRICT, and shall remove any fencing when requested by DISTRICT to do so.
GRANTEE shall not otherwise obstruct the easement area.
2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the
Property and agrees never to assail or resist said title.
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, priorto
any construction, reconstruction, remodeling, excavation, installation or plantings
within the easement area, submit a request for a Flood Control permit together with
specific plans and specifications and applicable permit fees to the DISTRICT for
review and approval. Such approval,together with any additional requirements to be
in the form of a written permit issued by DISTRICT to GRANTEE.
04-071EA.17PA—suM963.2rev
8/02/04rev
1
(b).GRANTEE shall provide 2 working days notice to the DISTRICT's Maintenance
Division prior to commencing normal maintenance of its facilities within the
easement area, including inspection and cleaning of existing pipelines,that require
surface access to or use of the easement. GRANTEE shall notify the DISTRICT
within 24 hours of initiation of emergency work within the easement area.
GRANTEE shall perform maintenance of its facilities so as to prevent damage to the
site,
4. MODIFICATION, RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES.
DISTRICT reserves the right to require GRANTEE at GRANTEE's sale expense to
modify its facilities, to relocate said facilities within the easement area or, at
DISTRICT's sole discretion, to remove its facilities from the easement area and be
relocated within Marsh Creek at a location designated by the DISTRICT which will
be conveyed as an easement. In the event that GRANTEE fails to commence the
required work within thirty days after being directed to do so by DISTRICT, or such
reasonable extension as DISTRICT may agree to in writing, or fails to complete the
required work within a time specified by DISTRICT, DISTRICT may perform or
complete the work at the expense of GRANTEE, which expense GRANTEE agrees
to pay to DISTRICT promptly upon demand, including but not limited to engineering
costs and any legal expenses incurred to collect such costs. If GRANTEE's
facilities are removed from the current easement area GRANTEE shall promptly
quitclaim to DISTRICT its interest in the vacated easement area.
Notwithstanding the foregoing provision, DISTRICT agrees to provide GRANTEE
with copies of its plans which require GRANTEE to relocate its facilities
and GRANTEE shall have thirty (30) days after receipt to propose an
alternative plan to DISTRICT which would not require GRANTEE's facilities to
be relocated. DISTRICT, at its sole discretion, may choose to construct the
GRANTEE's alternative plan. However, in the event DISTRICT's cost to construct
GRANTEE's proposed alternative is more expensive than DISTRICT's original plan,
GRANTEE shall pay DISTRICT any such excess cost prior to construction.
5. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Properly, facilities,
landscaping or other improvements, removed or damaged as a result of the use of
the easement area by GRANTEE, or any other person or entity acting under
GRANTEE's direction or control, shall, at DISTRICT's discretion and direction, be
repaired or replaced by DISTRICT, with all reasonable costs and expenses to be
paid by GRANTEE (including but not limited to engineering costs and legal costs of
collecting any unpaid expenses) or shall be repaired or replaced by GRANTEE, at
the sole cost and expense of GRANTEE, equivalent to or better than their existing
condition. In the event that GRANTEE fails to commence the required work within
thirty days after being directed to do so by DISTRICT, or such reasonable extension
as DISTRICT may agree to in writing, or fails to complete the required work within a
reasonable time thereafter, DISTRICT may perform or complete the work at the
expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT
promptly upon demand, including but not limited to engineering costs and any legal
expenses incurred to collect such costs.
04-07kEA.I 7PA_sub6963.2rev
8102f04rev
2
6. DAMAGE TO GRANTEE'S FACILITIES: DISTRICT shall have no responsibility for
the protection, maintenance, damage to, or removal of GRANTEE's facilities,
appurtenances or improvements,caused by or resulting from DISTRICT's use of the
Property or work or operation thereon. It shall be the sole responsibility of the
GRANTEE to provide and maintain adequate protection and surface markings for its
own facilities. Subject to the foregoing, if GRANTEE's properly marked, protected
and maintained facilities are damaged by the.sole, active negligence or willful
misconduct of DISTRICT, DISTRICT shall repair the damage at its sole cast and
expense or, at the discretion of and upon written notice from DISTRICT, the
damage shall be repaired by GRANTEE and the pre-approved reasonable cost of
such repair shallbe paid for by DISTRICT. Under no circumstance shall DISTRICT
have any liability to GRANTEE orto any other person or entity,for consequential or
special damages, or for any damages based on loss of use, revenue, profits or
business opportunities arising from or in any way relating to, any damage or
destruction of any portion of the GRANTEE's facilities. GRANTEE hereby
acknowledges that its sole remedy for any damage to or destruction of any portion
of GRANTEE's facilities, to the extent DISTRICT is otherwise so liable under this
Grant of Easement, shall be to require DISTRICT to repair or replace the damaged
or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved
reasonable casts and expenses in repairing or replacing the damaged or destroyed
portion.
7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-
exclusive. This easement is subject and subordinate to all existing rights, rights of
way, licenses, reservations, franchises and easements of record, or that would be
evident from a physical inspection or accurate survey of the Property, in and to the
Property. DISTRICT shall have the right to require GRANTEE to modify, remove or
relocate its facility within the easement area or to a similar easement to be granted
to GRANTEE by DISTRICT at no cost, in a timely manner at GRANTEE's sole cost
as reasonably necessary to accommodate the DISTRiCT's, or any other existing
user's right to construct, replace, enlarge, repair, maintain and operate its facilities,
in the same manner as required by Section 4 of this easement, including the rights
and remedies contained therein. GRANTEE agrees to take all precautions required
to avoid damage to the facilities of the existing users. If GRANTEE damages the
facilities or improvements of any existing user, GRANTEE shall repair or replace
such facilities at GRANTEE's sole cost and expense. Nothing contained herein shall
be construed to prevent DISTRICT from granting other easements, franchises,
licenses or rights of way over said lands, provided however, that said subsequent
uses do not unreasonably prevent or obstruct GRANTEE's easement rights
hereunder.
8. INDEMNIFICATION, AS-IS CONDITION OF PROPERTY: (a) In the exercise of all
rights under this easement, GRANTEE shall be responsible for any and all injury to
the public, to persons and to property arising out of or connected with GRANTEE's
use of the Property. GRANTEE shall indemnify, defend, save, protect and hold
harmless, DISTRICT, its officers, agents, employees and contractors from and
against any and all threatened or actual loss, damage (including foreseeable and
unforeseeable consequential damages), liability,claims, suits,demands,judgments,
orders, casts, fines, penalties or expense of whatever character, including but not
limited to these relating to inverse condemnation, and including attorneys' fees,
(hereinafter collectively referred to as "Liabilities")to persons or property, direct or
04-071EK Y 7PA_sub6569.2rev
3
consequential, directly or indirectly contributed to or caused by the granting of this
easement , GRANTEE's operations, acts or omissions pursuant to this easement,or
the GRANTEE's use of the easement, save and except Liabilities arising through
the sole negligence or sole willful misconduct of the DISTRICT, its officers or
employees. GRANTEE acknowledges that Property subject to this easement is in a'
flood control area. GRANTEE agrees that GRANTEE shall never have, claim or
assert any right or action against DISTRICT or the County of Contra Costa in the
event of damage to or disruption of GRANTEE's facilities caused or contributed to
by flooding or water,and shall indemnify, defend, save, protect and hold DISTRICT
harmless from all Liabilities resulting from such damage or disruption.
b) GRANTEE further agrees to defend, indemnify, save, protect and hold harmless,
DISTRICT from any and all actual or threatened claims, costs, actions or
proceedings to attack, set aside, void, abrogate or annul this grant of easement or
any act or approval of DISTRICT related thereto.
c) GRANTEE accepts the easement area in an "as is" physical condition, with no
warranty, guarantee, representation or liability, express or implied on the part of the
DISTRICT as to any matter, including but not limited to the physical condition of the
Property and/or the condition and/or possible uses of the land or any improvements
thereon, the condition of the soil or the geology of the soil, the condition of the air,
surface water or groundwater, the presence of known and unknown faults, the
presence of any hazardous substance, materials, or other kinds of contamination or
pollutants of any kind in the air, sail, groundwater or surface water, or the suitability
of the Property for the construction and use of the improvements thereon. It shall be
the sale responsibility of GRANTEE, at its sale cost and expense,to investigate and
determine the suitability of the soil, water, geologic, environmental and seismic
conditions of the Property for the intended use contemplated herein, and to
determine and comply with all building, planning and zoning regulations relative to
the Property and the uses to which it can be put. GRANTEE relies solely on
GRANTEE's own judgment, experience and investigations as to the present and
future condition of the Property or its suitability for GRANTEE's intended use and is
not relying in any manner on any representation or warranty by DISTRICT.
GRANTEE agrees that neither GRANTEE, its heirs, successors or assign shall ever
claim have or assert any right or action against DISTRICT for any loss, damage or
other matter arising out of or resulting from the presence of any hazardous
substance or any other condition of the Property at the commencement of the
easement or from the release of any hazardous substance in, on or around any part
of the Property or in the soil, water, subsurface strata or ambient air by any person
or entity other than the DISTRICT following the commencement of this easement.
As used herein, "hazardous substance" means any substance, material or waste
which is or may become designated, classified or regulated as being "toxic,"
"hazardous" or a "pollutant" under any federal, state or local law, regulation or
ordinance. Northing in this section is intended in any way to restrict the right of
GRANTEE to seek contribution or indemnity from any person or entity other than
DISTRICT whose activities are a cause of any discharge, leakage, spillage or
emission of hazardous materials on or to the Property.
d) To the extent permitted by law, GRANTEE shall indemnify, defend, save, protect
and hold the DISTRICT harmless from and against any and all claims, demands,
Liabilities, expenses (including without limitation attorneys fees and consultants
04-071EA.17PA—sub69632rev
8I02104rev
4
fees), penalties, damages, consequential damages and losses, and costs(including
but not limited to the costs of any required or necessary testing, remediation, repair,
removal, cleanup or detoxification of the Property and surrounding properties and
from and against the preparation of any cleanup, remediation, closure or other
required plans whether such action is required or necessary prior to or following the
termination of the easement), of any kind or nature, to the extent caused or
contributed to by GRANTEE's operation or performance under this easement, or
GRANTEE's use, release or disposal of any hazardous substance, including all
costs, claims, damages (including property and personal injury) caused by the
uncovering, release or excavation of hazardous materials(including petroleum)as a
result of GRANTEE's construction, reconstruction, maintenance, use, replacement,
or removal of its facilities, to the extent that such activities increase the costs
attributable to the cleanup or remediation of such hazardous materials.
e) The obligations contained in this section shall survive the expiration or other
termination of this easement.
9. NO WARRANTIES: GRANTEE understands and acknowledges that DISTRICT
makes no representations, warranties or guarantees of any kind or character,
express or implied, with respect to the Property, and GRANTEE is entering into this
transaction without relying in any manner on any such representation or warranty by
DISTRICT.
10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein
continuously for a period of one year, or in the event GRANTEE abandons its
facilities or fails to use the easement for the purpose for which it is granted, then all
rights of GRANTEE in and to said lands shall thereupon cease and terminate and
shall immediately revert to and vest in DISTRICT or its successors. Upon any such
termination of GRANTEE's rights, GRANTEE shall, upon request by DISTRICT,and
at GRANTEE's sole cost and expense, remove all of its facilities from the easement
area and restore said Property to its original condition. Upon the failure of
GRANTEE to do so, this work may be performed by DISTRICT at GRANTEE's
expense, which expense GRANTEE agrees to pay to DISTRICT upon demand.
GRANTEE shall execute any Quitclaim Deeds required by DISTRICT in this regard.
11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be
transferred, apportioned or assigned without the prior written consent of DISTRICT.
12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe
that access or other secondary rights are conveyed by this document over any of
DISTRICT's adjacent lands lying outside of the aforesaid strip of land above
described.
13. ENTIRE AGREEMENT: This grant of easement contains the entire agreement
between the parties hereto and shall not be modified in any manner except by an
instrument in writing executed by the parties or their respective successors in
interest.
14. CONSTRUCTION: This grant of easement shall not be construed as if it had been
prepared by one of the parties, but rather as if both parties have prepared it. The
parties to this grant of easement and their counsel have read and reviewed this
04-07EA.17PA sub6963.2rev
8102104rev
5
grant of easement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to the
interpretation of this grant of easement.
15. SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein
contained shall inure to the benefit of and be binding upon the heirs, successors
and assigns of the respective parties hereto.
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 28th
day of S FrEMBER ' 2004
.
CONTRA COSTA COUNTY FLOOD GRANTEE(S) DIABLO WATER
CONTROL & WATER CONSERVATION DISTRICT
DISTRICT
—7 —
Ry '�` B
Y .r
Chaff , Board,of Supervisors
APPROVED AS TO FORM Title /'des tPet��
by County Counsel
July, 1999
By
Title
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On 09/28/04 before me, EMELDA SHARP
Deputy Clerk of the Board of Supervisors,Centra Costa
CounSUP- FEDERAL G onallY appeared
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(ies),and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted executed the instrument.
By. �ecn
'teputy Clerk
04-07\EA.17PA_sub6963.2rev
BIQ2104rev
6
Nater Nine Easement
over Marsh Creek
(C.C.C.F.C. & W.C.D.)
EXHIBIT A
Real property situated in the City of Oakley, Contra Costa County, State of
California described as follows:
Portion of the Parcel of land described in the deed to Contra Costa Flood
Control and'Water Conservation District (C.C.C.F.C. &. W.C.D.) recorded in
Book 4738 of Official Records at page 474, being a 20.00 foot wide strip of
land measured 10.00 feet on a right angle on each side of a center line which
is described as follows:
Commencing at the southern comer of parcel Two of subdivision 8650
recorded July 24`x', 2002 in Book 445 of Maps at page 11, thence along the
southwestern line of said parcel two, said line also being the easterly line of
the aforementioned (C.C.C.F.C. & W.C.D.) parcel, said point also being on
an arc having a radius of 557.00 feet the center of which bears south
56°25'35" west; thence along said easterly line of said parcel an arc distance
of 39.73 feet, through a central angle of 04'05'12" to the Point of Beginning;
thence from said paint of beginning leaving said line south 52'20'10" west
along the radial of said arc 114.00 feet to a point on the westerly line of said
parcel. The side lines of said easement shall be lengthened or shortened to
terminate at the east and west lines of said parcel respectively.
Containing an area of 2,280 square feet more or less.
Exhibit "B" (plat map) attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction,
in conformance with the Professional sand Surveyors Act.
Signature: �0' - ` --.- te
as
M S. Nashashibi R.C.E. 29528 }`
V ao.
Date: * EXP.*31.07 ,�
�► 1
• I
lk'5► I
PARCEL TWO
445 M 11
I
R=557.00 i
L=138.91'(T) t
A=1 4'17'1 9'(T) �
cz
r�?it 3 ts1
' I co
CL 20.0' WIDE WATER �,,•.,.": .: :, � ��; -'
UNE EASEMENTFARCE, S
83 PM .8
10:'
N �
NO,
1 EV.Dl"d-31-07
--— —— —— ——————————— ——\
PARCEL D
1
58 PM 48
1
EXHIBIT B SCALE 1"=40,
B�UWANN COUPM IN 7 WATER LINE
DA.72 02/27/03
u;n7a - sugamo EASEMENT BY EL N.
21 BROWN AVL AY&M, CA 04'341)
283-5000 rA
OVER MARSH CREEK JOB NO. 98146