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Home My WebLink AboutMINUTES - 09202005 - C10 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 20, 2005 SUBJECT: Accepting Grant of Easement for Drainage Purposes, for Drainage Area DA 57, Line B (cross- reference Subdivision 05-08984 and DA OS-00058),Pacheco area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 588 for Drainage Area DA 57,Line B (cross-reference Subdivision OS-08984 and DA OS-00058), accepting Grant of Easement for Drainage Purposes,Pacheco area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): These property rights are required for the proposed drainage improvements for Drainage Area DA 57,Line B . CONSEQUENCES OF NEGATIVE ACTION: The project will not have sufficient land rights for the proposed drainage improvements. 7 ///M� Continued on Attachment: ✓ SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOI ON S ER 203 ZOOS APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORS date shown. xx UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: SEPrEMBER 20, 2005 sG:rm JOHN SWEETEN, Clerk of the Board of G:\GrpData\EngSvc\B0\2005\09-20\DA 05-00057 BO-27-2.doc Supervisors and County Administrator Originator: Public Works(ES) Contact:S.Gospodchikov(313-2316) cc: Current Planning,Community Development Pacheco Properties 605 Miner Road By -�' �Deputy Orinda,CA 94563 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 20, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NG, 2005/ 588 SUBJECT: Accepting Grant of Easement for Drainage Purposes, for Drainage Area DA 57, Line B (cross- reference Subdivision OS-08984 and DA OS-00058),Pacheco area. (District II) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant of Easement for Parcels B and C 148PMI Pacheco Properties Pacheco II Drainage Purposes APN:380-260-002, -003 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. SG:rm G:\GrpData\EngSvc\B0\2005\09-20\DA 05-00057 BO-27-2.doc ATTESTED: S ER 20, 2005 Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Supervisors and Contact:S.Gospodchikov(313-2316) County Administrator Recording to be completed by COB cc: Current Planning,Community Development Pacheco Properties By y 605 Miner Road ,Deputy Orinda,CA 94563 RESOLUTION NO.2005/ S88 iliiilii ilii Recorded at the request of: CONTRA COSTA CO Recorder Office Contra Costa County STEPHEN L, WEIR Clerk-Recorder DOC� 200 —0360193-00 Return to: Wodnesday,. SEP 21,* Z005Contra Costa County FRE $0.00 Public Works Department Ttl rw BmJReal Property Division $0100 Nbr-0002908362 255 Glacier Drive I re/RS/1.8 Martinez, CA 94553 Attn: Assessor's Parcel No. 380-260-002-7, 380-260-003-5 GRANT OF EASEMENT THIS INDENTURE, made by and between PACHECO PROPERTIES, a California limited partnership, hereinafter called the GRANTOR, and the COUNTY OF CONTRA COSTA, 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 DESCRIION SEE EXHIBITS "Arl", "A=21'AND 1113"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. Notwithstanding anything contained in this easement to the contrary, any damage to any improvements constructed by GRANTOR within the area described in Exhibits A-1" and "A-2" herein pursuant to a valid permit issued by the applicable governmental authority,which damage is caused by GRANTEE's use of the easement, shall be repaired or replaced at GRANTEE's sole expense. TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE'S successors and assigns forever. [SIGNATURE PAGE FOLLOWS] 1 BOTH EL\DATA\LOVI NG\PACHECO\EASEMENT FLOOD CONTROL(BICKERSTAFF 2 IN WITNESS WHEREOF, the GRANTOR has executed this indenture this zi day of /4P am&Loa , 2005. GRANTOR: PACHECO PROPERTIES, a California limited partnership By.m Name: M�}-�✓ini�K Pyc,�6r��1.k�.4� Its: By. '..00 Nam-F, A Its: j!5;24',oaA 2&axwF2 ABOVE SIGNATURES MUST BE NOTARIZED 2 BOTH EL\DATALLOVING\PACHECO\EASEMENT FLOOD CONTROL(BICKERSTAFF 2 Legal Description of Easement Area Parcel B EXHIBIT A-1 A Storm Drain Easement referred to herein is situated within Parcels B and C delineated on Parcel Map, Subdivision MS 108-89,recorded on July 31, 1990 in Book 148 of Parcel Maps, Page 1, County of Contra Costa Records, State of California, and is described as follows: Beginning at the Southwest Corner of said Parcel C; thence, along the West boundary of said Parcel C,North 15°27'34"West a distance of 17.95 feet; thence South 74°32'26"West a distance of 15.08 feet; thence South 10°47'34"East a distance of 16.75 feet to a point on the South boundary of said Parcel B and the North right-of-way of the A. T. & S. F. Railroad; thence, along said right-of-way, around a 1729.66 foot radius curve to the left with the radius point bearing North 10°49'3 5"West from the beginning of this curve, through a central angle of 00°32'47" and an arc length of 16.49 feet to the Point of Beginning. Containing 273 square feet, more or less. Prepared by Luk and Associates CAN&� 9Gcr p Paul Canumay,PLS 3272 J PLS 3272 � Expires 06/30/06 *- EXP 6/30/2006 Date: 6 „3 This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act. F:\WPI,EGAL\2003\23107-15Tasement Area Parcel B 06032005.doc 6/3/2005 Legal Description of Easement Area Parcel C EXHIBIT A-2 A Storm Drain Easement referred to herein is situated within Parcels B and C delineated on Parcel Map, Subdivision MS 108-89,recorded on July 31, 1990 in Book 148 of Parcel Maps, Page 1, County of Contra Costa Records, State of California, and is described as follows: Beginning at the Southwest Corner of said Parcel C being on the North right-of-way of the A. T. & S. F. Railroad; thence, along said right-of-way, around a 1729.66 foot radius curve to the left with the radius point bearing North 11°22'22"West from the beginning of this curve, through a central angle of 00°41'37" and an arc length of 20.94 feet; thence North 15°27'34"West a distance of 19.32 feet; thence South 74°32'26"West a distance of 20.89 feet to a point on the East boundary of said Parcel B; thence, along the East boundary of said Parcel B, South 15°27'34"East a distance of 17.95 feet to the Point of Beginning. Containing 390 square feet, more or less. Prepared by Luk and Associates SAND s� U Paul C- anumay, PLS 3272 J PLS 3272 � Expires 06/30/06 7k EXP 6/30/2006 � Date: —0N9�' A\'\V This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act. F:\WP\L,EGAL\2003\23107-15\Easement Area Parcel C 06032005.doc 6/3/2005 \ PIPELIN EASEMENT P]\./IAS PER 148 PM 1 \ vi J P \ 8145 0 203.r1T��rL J \ / � co P J\J/j I N742'26*E U' 35.97'(T) 15.( ' 20.89' O. 3I� Z Iz -ft4 Ln Ill.s Cpn- Ln own& NIA O � P.O.B. 0*3247' 2� D.00'41937' I / L- 6.49' L 20.94' 011 423(T) R=1729.66' L=37,431(T) R-,Rj-j%-^j :J...r J f D J J0 0 LAND SU9` W �t PAUL CANUMAY y No. L 3272 Exo.6-30-06 � PAUL CANUMAY OF CAu LS 3272. EXP. O6/30/2006 PLAT TO ACCOMPANY LEGAL DESCRIPTION OF EASEMENT AREA BEING PORTION OF PARCELS B AND C, 148 PM 2 LOCATED IN PORTION OF RANCHO LAS JUNTAS CONTRA COSTA COUNTY, CALIFORNIA Prepared By Luk and Associates Civil Engineers — Land Planners — Land Surveyors 738 Alfred Nobel Drive Hercules, California 94547 JUNE 30 2005 SCALE: 1"=1 0' 23107-15\ESM'f\SDE-FORM ANHOLE.DWG I • STATE OF CALIFORNIA ) COUNTY OF� /c4 ss.o �� Onthis.=2/ day of � ��o�S� , 2005, before me, O , the une igned Notary P ic; personally appeared � personally known to me (oLproved to me on the basis of satisfactoryelvidence) to be the person(s) whose n me(s)s/are subscribed to tlieithin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizedcaDac:.,ity(ies), and that by hisLbgr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JoMCE surnoN Commkdon#14W226 tary lic .•� Notary Pubpc-Ccltfortia Contra Costa Couxdy My Canm.6q�Dec 30.Z00 STATE OF CALIFORNIA ) � > SS. COUNTY OFL� On this ,=21 day of r� � �1f�S , 2005, before me, T , the undersigned Notary PU c, personal, appeared �l,��,J✓' personally known to me (oLproved..to me on tt.e.basis of satis#��ory evidence) to be the pgrson(s) whose name(s)..jg(are subscribed to the within instrument and acknowledged to me thal.Le/she/they executed the same in his/her/their authorized ca acity(ies), and that by is/her/their si nature(s) on the instrument the.person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument. WITNESS my hand and official seal. JOYCE SUTTON Commtaaion#1459226 co, 0 te � AW Notary PubNc-contomb N?6ry P to Contra Costa County sly ComKt. es Dec 309 2007 6 BOTH EUDATA\LOVING\PACHECOIEASEMENT FLOOD CONTROL(BICKERSTAFF 2