The URL can be used to link to this page

Home My WebLink AboutMINUTES - 09202005 - C9 TO: BOARD OF SUPERVISORS re 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 OS-08984 and DA OS-00058),Pacheco area. (District 111) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S)� ADOPT Resolution No. 2005/ S87 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. Continued on Attachment:--,,�SIGNATURE: .le4(ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _�A&PROVE OTHER SIGNATURES ACTION OF BOA N SER 20,E 2005 APPROVED AS RECOMMENDED, xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the xx UNANIMOUS(ABSENT NONE date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: SE,PTEMB 20, 2005 sG:mi JOHN SWEETEN, Clerk of the Board of G:\GrpData\EngSvc\B0\2005\09-20\DA 05-00057 BO-27.doc Supervisors and County Administrator Originator: Public Works(ES) Contact:S.Gospodclikov(313-2316) cr. Current Planning,Community Development Glade and Joan Gaffney,TRE By �Deputy 1049 Pebble Beach Drive Clayton,CA 94517 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,Piep ho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ 587 SUBJECT: Accepting Grant of Easement for Drainage Purposes, for Drainage Area DA 57, Line B (cross- reference Subdivision 05-08984 and DA 05-00058),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 Parcel A, 68PM1 Glade and Joan Pacheco II Drainage Purposes APN:159-240-007 Gaffney, TRE 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:rrnATTESTED: SEPTEMBER 20 2005 G:\GrpData\EngSvc\BO\:!005\09-20\DA 05-00057 B0-27.doc JOHN SWEETEN, Clerk of the Board of Supervisors and Originator: Public Works(ES) Contact:S.Gospodchikov(313-2316) County Administrator Recording to be completed by COB cc: Current Planning,Community Development A& Deputy Glade and Joan Gaffney,TRE By 1049 Pebble Beach Drive Clayton,CA 94517 RESOLUTION NO.2005/ 587 0 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR ClerkwRecorder Contra Costa County DOC� 200 _0360 192-00 Return to: Wednesday, SEP 21, 2005 11:49:30 Contra Costa County FRE X0.00 Public Works Department Tt I Pd $0,00 Nbr 0002908361 Real Property Division 1rc/R9/1.1e 255 Glacier Drive Martinez, CA 94553 Attn: Assessor's Parcel No. 159-240-007 GRANT OF EASEMENT THIS INDENTURE, made by and between DOMENIC COLA and ROSEANNE ANSELMO, as joint tenants, as to an undivided 2/5ths, interest; ANTHONY COLA and ALICE COLA, Trustees under Trust Agreement dated July 5, 2001, as to an undivided 1/5th interest; GLADE E. GAFFNEY and JOAN E. GAFFNEY, Trustees of the 1989 Glade E. Gaffney and Joan E. Gaffney Revocable Trust dated June 20, 1989, as to an undivided 1/5th interest; and SALVADORE COLA and ALLENE COLA, husband and wife,as joint tenants, as to an undivided 1/5th interest, hereinafter collectively called the GRANTOR, and the COUNTY OF CONTRA COSTA, apolitical 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. 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 Exhibit "A" 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. 1 BOTHELIDATA\LOVING\PACHECO\EASEMENT FLOOD CONTROL 3 TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE'S successors and assigns forever. IN WITNESS WHEREOF, the GRANTOR has executed this indenture this � � day of 200AS DbMENIC COLA J ROSEANNE ANSELMO ANTHONY COLA AND ALICE COLA, Trustees under Trust Agreement dated July 5, 2001 By: (/.111Cf Anthony Co1j,, Trustee � By: Alice Cola, Trustee GLADE E. GAFFNEY AND JOAN E. GAFFNEY, Trustees of the 1989 Glade E. Gaffney and Joan E. Gaffney Revocable Trust Agreement dated June 20, 1989 � By; — 2- Glade E. Gaffney, Trustee � ✓ By: 5- Joan E. Gaffneyrru4st-, Truste SALVADORE COLA / ALLENE COLA ABOVE SIGNATURES MUST BE NOTARIZED 2 BOTHELIDATALLOVINGIPACHECO\EASEMENT FLOOD CONTROL 3 Legal Description of Easement Area EXHIBIT A A portion of Parcel `A' as shown on the Parcel Map recorded in Book 68 of Parcel Maps, on Page 1,being a portion of Rancho Las Juntas, Contra Costa County,California,more particularly described as follows: Beginning at the Western Corner of said Parcel `A'; thence, along the Northern boundary of said Parcel `A', around a 2932.66 foot radius curve to the left with the radius point bearing North 07'10'12"West,through a central angle of 00'16'27" and an arc length of 14.04 feet; thence, continuing along the Northern boundary of said Parcel `A', around a 2932.66 foot radius curve to the left through a central angle of 00°22'27"and an arc length of 19.16 feet to a point of compound curvature;thence, continuing along the Northern boundary of said Parcel `A', around a 1502.38 foot radius curve to the left through a central angle of 07°37'07"and an arc length of 199.77 feet; thence South 10°24'29"West a distance of 20.05 feet; South 61'42'14"West a distance of 40.81 feet; thence South 58°33'54"West a distance of 33.67 feet;thence South 34°16'36"West a distance of 34.16 feet;thence South 02'22'14"West a distance of 35.92 feet; thence South 01'11'55"East a distance of 23.59 feet;to a point on the Southwest boundary of said Parcel `A'; thence, along the Southwest boundary of said Parcel `A',North 49°04'43"West a distance of 108.15 feet; thence, continuing along the Southwest boundary of said Parcel `A',North 63°34'43"West a distance of 65.01 feet to the Point of Beginning. Containing 0.24 acres,more or less. End of Description CAOf Prepared by Luk and Associates ; PLS 3272 0 EXP 6/30/2006 �Q Paul Canumay,PLS 3272 Expires 06/30/06 Date: �0,40?"'9C 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\23107-15\Drainage Easement Parcel A 06032005.doc 6/3/2005 �y � w Dr'U jr-i L I]\J�7��J 1\10Tr-qHEjr-1j\1 , T - 1�rl SAD 11 Io � o zpN 1 O 1 � 1 W � N1� J01 90\ �' 01 NZe R=2932.66' �y'y5j' iys , \�`. m' L=19.16' S'�%61 R=2932.66' `�34g3 ��,\ A=00*2227" 104791 SQ. FT. 4; �� L=14.04 � 0.24f ACRES �/ A=001 6'27* sso� CO:.�� PAjr .�� r—\i�F' I EXISTING ROAD DEDICATION PER �7�i 3 i o� P��il J 68 PIS 1 N N i e> N I M CD I Ln EXISTING ROAD �� DEDICATION PER � 68 PM 1 \j N p SG9 PAUL CANUMAY A � No. L 3272 Exp,6-30-06 � PAUL CANUMAY ATF OF CA��\p LS 3272. EXP. 06/30/2006 PLAT TO ACCOMPANY LEGAL DESCRIPTION BEING A 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 39 2005 SCALE,* 1'=40' 23107-15\ESMT\SDEDWC STATE OF CALIFORNIA ss. COUNTY 0GAr�!�►-�Cs� .� 5 On this day of Feb ruel r-LA 200,4, before me, ��E�� a� the undersigned Notary Pubic, a personally peared n r it It V 7AA Ir 40 V ,W- PQ t==Q proved to me on the basis of satisfactory evidence�.to be the person)�6) (or------ I A 1 11 ed to me that whose namez:;r,% is/a)e swmscrmea to the within ms rumen and acknowledq Vk)- %W I�/she/thy executed the same in I4/her/tl7ir authorized capacity(0564, and that by *lher/thv6r signature*on the instrument the person(., or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. �rw�u►s. i - A Ca� owns# .i 6,1b0�1� i Cam -am M►Garrn-t��aint�. Notary Public STATE OF CALIFORNIA COUNTY OF C.�tM ss. On-this IL day of Fcbry 200*, before me, p.�..t eLtt:� ---�- &)C=L10tJ the undersigned NotaryPublic, personally appeared C,C. Er to-j e CIOL ft 134"'Wo suftwely V W 1 6 M5 (or proved to me on the basis of satisfactory-evidence) to be the person(t� whose name( is/�ie subscribed to the within instrument and acknowledged to me that hde/she/tl**y executed the same in hfs/her/th%Or authorized capacity(i ), and that by h0s/her/ths4r signatures) on the instrument the person(.), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. S& moo CAmmwon I e�"(--C-d-�'"l/c__� I C T caft Notary Public wag" 4 BOTHEL\DATA\LOVING\PACHECO\EASEMENT FLOOD CONTROL 3 STATE OF CALIFORNIA ss. COUNTY OF 0 -rRA tai A � S On thisday of C ru a rM 2004, before me, H§"eLjq S, AJe nA_1 , the undersigned Notary Public, personally appeared �.�- L v,��o e.G7 �o�F�- , p� Y I-f-sa -is-IN 60 -mom (or Proved to me on the basis of satisfactory evidence) to be the person(} whose name( ) is/aj% subscribed to the within instrument and acknowledged to me that he/she/tt*y executed the same in his/fir/tl*ir authorized capacity(befs), and that by his/W/their signature($) on the instrument the person(t), or the entity upon behalf of which the person(.) acted, executed the instrument. WITNESS my hand and official seal. t�oam�MMon#.1�11�0� �, �� S* ALCC30 ft _W Notary Public ,*COnvnl STATE OF CALIFORNIA �d? ss. COUNTY OFi7-c7A On this day of ��br'tJa r!4 200*, before me, '10 A,,r�Et..A %%5. K3�"O,$J , the undersigned Notary Public, personally appeared fel /%P_a (n 0IM, (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(0) is/ subscribed to the within instrument and acknowledged to me that *she/thAy executed the same in ibis/her/ti.*ir authorized capacity(be�), and that by N6/her/their signature* on the instrument.the person(X,), or the entity upon behalf of which the person(W) acted, executed the instrument. WITNESS my hand and official seal. ��++�.�a� Notary Public *40 sea Caftc Jan I 5 BOTHEL\DATA\LOVI N G\PACH EC O\EASEM ENT FLOOD CONTROL 3 STATE OF CALIFORNIA ss. COUNTY OF MeO&re-tq Les On this day of P-J 2004, before me, J a/J , the undersigned Notary Public, personally appeared RA�T.146 AJ V DCCSCP61 ly 0 M kae= dor proved to me on the basis of satisfactory evidence) to be the person(S whose name(o) is/ale subscribed to the within instrument and acknowledged to me that he/sly/they executed the same in his/liar/their authorized capacity(ied), and that by his/her/tt)eir signature(v) on the 'instrument the person(, or the entity upon behalf of which the person(i) acted, executed the instrument. WITNESS my hand and official seal. QoNr�ro��i tt1l�1! �,y�.�� Notary Public Corft Coft caa�r M�rco�nm. .fan t6. STATE OF CALIFORNIA ,p ss. COUNTY OF C�d,Ur-&A (.O,('TA- ) On this ay of 2009, before me, *4,7u 67L &A 45'. /U&-4=.C6 , the undersigned Notary Public, personally appeared M'.V&r:&J&a AMIA �/�dE- Cv ANN. y TN"v4wp we,Be w�+i ie for-proved to me on the basis of satisfactory evidence) to be the person(k) whose name(y) is/ate subscribed to the within instrument and acknowledged to me that he/sloe/t*y executed the same in his/lir/their authorized capacity(ios), and that by his/t*f/tt*ir signature(t) on the instrument the person(,.), or the entity upon behalf of which the person(y) acted, executed the instrument. WITNESS my hand and official seal. 0�*�� 01 Notary Public . Gbe�Ma�Collo Co11lMr 6 BOTHEL\DATA\LOVING\PACHECO\EASEMENT FLOOD CONTROL 3 STATE OF CALIFORNIA ss. COUNTY OF ,�► rA- 5 Onthis /V./.. day of ��g-�2vx4av 2009 before me, �i��-t� c.i9- �s: IV e,1.,(0 A3 the undersigned Notary Public, personally appe;3,xed h�74'OnA&) E-,w --,A;A FFic.1 E V 171MM3U1 1011y I.f-M �me (oriroved�tomeeon the basis of satisfactgaevide to be the person*)whosenameM is/ subscribed to the within instrument and acknowled ed to me that 9 t�/�/they executed the same in M/her/their authorized capacityNm), and that by Vs/her/thq?f-signature(s) on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. rr�u s. tbRMY i��a►r.t d��01�lrfolarY CAX*OcOft-0 Notary Public -MI KMM kvc4mm.s J STATE OF CALIFORNIA ss. COUNTY 0 &Aj Ti�9 C/*Vp*i rA On this�� day of t-ebrv-.��.�' 2004, before me, :P,q k-t (.jai Z. IULWLs o'xj the undersigned Notary Public, personally appeared 10 X 4 % C. C0 Ld'r p kgQAIn tom or or proved to me on the basis of satisfactory evidence) to be the person( whose name(s) is/alb subscribed to the within ins rumen and acknowledged to me that he/slCe/thyexecuted the same in his/her/tWr authorized capacity(iet), and that by his/hV/their signature(r) on the instrument the person(, or the entity upon behalf of which the person(f4 acted, executed the instrument. WITNESS my hand and official seal. �°R'm�'..", ` SON -;36M Ak a A Notary Public y Public•(:Qwornm Conow coaa couniv.MrCO� 'MMk- Isiah worm Etlpirt ion is.2 7 BOTHEL\DATA\LOVING\PACHECO\EASEMENT FLOOD CONTROL 3