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HomeMy WebLinkAboutMINUTES - 09162008 - C.16 l . yE ` .TO: BOARD OF SUPERVISORS, AS GOVERNING ��'-�Y�`'_==��' Contra BOARD OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT Costa FROM: JULIA R. BUEREN, CHIEF ENGINEER Y coY SrA CO.... o u n ty DATE: September 16, 2008 SUBJECT: Conveyance of a Waterline and Access Easement to the City of Brentwood, Brentwood area. (District III) [CDD-CP# 05-24] Project No. 0651-6L83PP (FS050027) Deerings Water code, Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 63-31 Government Code § 25526.5) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the conveyance of a Waterline and Access Easement from Contra Costa County Flood Control and Water Conservation District(District)to the City of Brentwood (City), and DIRECT the Real Property Division to cause said Grant of Easement be delivered to the Grantee for recording in the Office of the County Recorder. FISCAL IMPACT: No fiscal impact. CONTINUED ON ATTACHMENT: ❑x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON VED AS RECOMMENDED OTHER r VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT ✓/ COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT O r!(/ ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Cheryl Sousa(313-2252) CS:sr G:\RealProp\Board Orders\2008\09-16-08-BO Brentwood Waterline&Access ATTESTED Easement.doc DA TWA,CLERK OF THE BOARD OF SUPERVISORS cc: County Administrator M.Consolacion,Flood Control T.Torres,Environmental Svcs. 1.Beregeron,Mapping BY: ,DEPUTY M.Sullivan,City of Brentwood SUBJECT: Conveyance of a Waterline and Access Easement to the City of Brentwood, Brentwood area. (District I1I) [CDD-CP# 05-24] Project No. 0651-6L83PP (FS050027) DATE: September 16;2008. PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: In 1997, the City installed a 12-inch waterline on the west bank of Marsh Creek south of Hanson Lane. The work was completed in 1994 and was performed under Flood Control Permit (FCP) 625-93. The City is requesting an easement for the 12-inch waterline as well as an access easement for maintenance. CEQA was previously approved by the Board of Supervisors and the Notice of Exemption was filed September 21, 2005. CONSEQUENCES OF NEGATIVE ACTION: The District would be responsible for maintaining the waterline installed by the City. Recorded at the request of: City of Brentwood After recording return to: City of Brentwood City Clerk 708 Third Street Brentwood,CA 94513 Marsh Creek Waterline&Access Easements GRANT 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 CITY OF BRENTWOOD, a municipal corporation, State Of California (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 12 inch waterline along with access for ingress and egress 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-1" 6&B-1" AND "A-2" "B-2" 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 flood control and drainage water conveyance facility purposes, including, but not limited to, the right to install, construct, reconstruct, remove, replace, repair, upgrade, maintain, and operate facilities which conveys water for such purposes. 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, prior to any construction, reconstruction, remodeling, excavation, installation or plantings within the easement area, submit specific plans and specifications 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. (b) Normal maintenance by GRANTEE of its facilities within the easement area, including inspection and cleaning of existing pipelines, shall not require prior notice to the DISTRICT. 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 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 at GRANTEE's sole expense. 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. 5. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Property, 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. 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 cost 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 shall be paid for by DISTRICT. Under no circumstance shall DISTRICT have any liability to GRANTEE or to 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 2 require DISTRICT to repair or replace the damaged or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion. T 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, costs, fines, penalties or expense of whatever character, including but not limited to those relating to inverse condemnation, and including attorneys' fees, (hereinafter collectively referred to as "Liabilities") to persons or property, direct or 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 3 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, soil, groundwater or surface water, or the suitability of the Property for the construction and use of the improvements thereon. It shall be the sole responsibility of GRANTEE, at its sole 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. Nothing 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 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 4 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 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. 5 IN WITNESS WHEREOF, this Grant of Easement is signed and executed this �� day of August 2008. CONTRA COSTA COUNTY FLOOD CITY OF BRENTWOOD CONTROL & WATER CONSERVATION DISTRICT By By Cha r, Board of Supervisors Donna Landeros City Manager APPROVED AS TO FORM by County Counsel July, 1999 STATE CALIFORNIA ) COUNTY CONTRA COSTA } On fore me,John Cullen,Clerk of the Board of Supervisors and ounty Administrator, Contra Costa County,personally appea d who proved to me on the basis satisfactory evidence to be the person(s) whose name(s) is/a subscribed to the within instrument and acknowledged to m hat he/she/they executed the same in his/her/their authorized ca city(ies), and that by his/her/their signature(s) on the instrumchk the person(s), or the entity upon behalf of which the person(s cted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Deuuty Clerk G:\GrpData\Realprop\2008-files\08-01 City of Brentwood Waterline&Access Easement 6 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) EMY L. SHARP On SEPTEMBER 16, 2008 before me, /Clerk of the Board of Supervisors, Contra Costa County, personally appeared SUP. FEDERAL CLOVER who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official.seal. Signature: eputy Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On J/ c before me, �C!/l/1�ff/ �f4/c�'/�%1 /Ul3 Y[IC l 9�G�T3L1L: Date Here Insert Name a d Title of the Oftter personally appeared f e,�S Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the personH whose name(e604re subscribed to the within 'instrument and acknowledged to me that -be/c IC/ executed the same iner i authorized N1A 6JIRCIA capacityoeo,, and that by- m-o-r signature(*-on the CYNi comm " s 177satc L instrument the person4), or the entity upon behalf of Not"1 _Cawomia which the person(e) acted, executed the instrument. Contra Cooft County �� �Oec4�tt I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESivatuab nd and official seal. SignaturPlace Notary Seal Above Signature o otary Public OPTIONAL Though the information below is not required by law, it may prove persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: /ate Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Si ner's Name: �/��� Signer's Name: Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact El Attorney in Fact EI Trustee Top or thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator Other: -� ❑ Other: Signerds presenting: Signer Is Representing: ©2007 National Notary Association-9350 De Soto Ave.,RO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 FEBRUARY 13, 2008 JOB NO. : 1304-00 LEGAL DESCRIPTION WATERLINE EASEMENT ACROSS LANDS OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BRENTWOOD, CALIFORNIA EXHIBIT `A-I' REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, BY DEED RECORDED, SEPTEMBER 30, 1964, IN BOOK 4713 OF OFFICIAL RECORDS AT PAGE 460, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND FIVE FEET (5 . 0.0) FEET WIDE THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHWESTERN LINE OF SAID PARCEL OF LAND, SAID POINT BEING THE SOUTHERN CORNER OF PARCEL B, AS SAID PARCEL B IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP 232-77, RECORDED AUGUST 26, 1978, IN BOOK 69 OF PARCEL MAPS AT PAGE 23, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHWESTERN LINE OF SAID PARCEL OF LAND (4713 OR 460) , NORTH 38059' 44" EAST (THE BEARING OF SAID NORTHWESTERN LINE IS BEING TAKEN AS NORTH 38059' 44" EAST FOR THE PURPOSE OF MAKING THIS DESCRIPTION) 37 .47 FEET TO THE POINT OF BEGINNING; THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHWESTERN LINE, SOUTH 51000' 16" EAST 5 . 00 FEET; THENCE, NORTH 38059' 44" EAST 970 . 94 FEET TO THE POINT OF TERMINUS FOR THIS DESCRIPTION; P:\1300 - 1399\1304-DO\LEGALS\LG-002.DOC LEGAL DESCRIPTION FEBRUARY 13 , 2008 PAGE 2 OF 2 JOB NO. : 1304-00 CONTAINING 4, 855 SQUARE FEET OF LAND, MORE OR LESS. ATTACHED HERETO IS EXHIBIT `B' TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION �15��LhND G�SGQL J EL A. GARCIA, P.L.S. v �O P�F� L.S. NO. 5285 NO.5285 j0 EXPIRES: DECEMBER 31, 2009 EXP. 12/31/ OF MW P:\1300 - 1399\1304-00\LEGALS\LG-002.DOC 1 CD SEE DETAIL BCD LEGEND N POC - POINT OF COMMENCEMENT PARCEL 'B' ��� ,� POB - POINT OF BEGINNING SUBDIVISION MS 232-77 A, -' WILE - WATERLINE EASEMENT 59 PM 23 pip C-) /�40�P�� CENTER LINE OF 5' WIDE WLE 4,880 SF TANGENT TABLE 0.11 AC.t o�p� 4 �• No. Bearing Length SUBDIVISION 6691 /' cp`�o Lt S51'00'16"E 5.00 364 M 20 / poa L2 N38'59'44"E 970.94' /� TRAIL COURT /Q4ppJ� �Q SUBDNISION 7975 ( ✓ ' Q 420 MB 29 Sbhp ,l� t SEE DETAIL A / po f �1�1 <v POB %° CREEK TRAIL COURT POC POINT OF TERMINUS DETAIL A / (NTS) / TWILIGHT COURT i SUNSET ROAD DETAIL 6 (NTS) EXHIBIT "B-1 " - PLAT TO ACCOMPANY LEGAL DESCRIPTION WATERLINE EASEMENT: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CITY OF BRENTWOOD CONTRA COSTA COUNTY, CALIFORNIA DATE: FEBRUARY 2008 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS " PLANNERS 6111 BOLLINGER CANYON ROAD, SUITE 150 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575 C-:A130',\ACAD\PLATS\PLAT._ vrL.E--',dk•g FEBRUARY 13 , 2008 JOB NO. : 1304-00 ACCESS EASEMENT ACROSS LANDS OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BRENTWOOD, CALIFORNIA EXHIBIT `A-2' REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, BY DEED RECORDED, SEPTEMBER 30, 1964 , IN BOOK 4713 OF OFFICIAL RECORDS AT PAGE 460, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHWESTERN LINE OF SAID PARCEL OF LAND, SAID POINT BEING THE SOUTHERN CORNER OF PARCEL B, AS SAID PARCEL B IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP 232-77, RECORDED AUGUST 28, 1978, IN BOOK 69 OF PARCEL MAPS AT PAGE 23 , IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHWESTERN LINE OF SAID PARCEL OF LAND (4713 OR 460) , NORTH 38059' 44" EAST (THE BEARING OF SAID NORTHWESTERN LINE IS BEING TAKEN AS NORTH 38059' 44" EAST FOR THE PURPOSE OF MAKING THIS DESCRIPTION) 37 .47 FEET TO THE POINT OF BEGINNING; THENCE, FROM SAID POINT OF BEGINNING, CONTINUING ALONG SAID NORTHWESTERN LINE, NORTH 38059' 44" EAST 970 .94 FEET; THENCE, LEAVING NORTHWESTERN LINE, SOUTH 51000' 16" EAST 15 . 00 FEET; THENCE, ALONG A LINE PARALLEL WITH, AND FIFTEEN (15 .00) FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID NORTHWESTERN LINE, SOUTH 38059' 44" WEST 970 . 94 FEET; THENCE, LEAVING SAID PARALLEL LINE, NORTH 51000' 16" WEST 15 . 00 FEET TO SAID POINT OF BEGINNING. P:\1300 - 1399\1304-00\LEGA S\LG-001.DOC LEGAL DESCRIPTON FEBRUARY 13 , 2008 PAGE 2 OF 2 JOB NO . : 1304-00 CONTAINING 14 , 564 SQUARE FEET OR 0 . 33 ACRES OF LAND, MORE OR LESS ATTACHED HERETO IS EXHIBIT `B' TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION ry p JO A. GARCIA, P.L.S . �} No � L.S. NO. 5285 EXP. 12131142Z * EXPIRES: DECEMBER 31 , 2009 9 �oR Of P:\1300 - 1399\1304-00\LEGALS\LG-001.DOC CD SEE DETAIL B N LEGEND II / z POC - POINT OF COMMENCEMENT PARCEL 'B' 4� N POB - POINT OF BEGINNING SUBDIVISION MS 232-77 UAE - ACCESS EASEMENT 69 PM 23 /� Ln 15' WIDE AE 14,564 SF o� 0.33 AC.t TANGENT TABLE 4 �• No. Bearing Length- SUBDIVISION 6691 / po l L1 N51000'16"W 15.00' 354 M 20 j ooh a� L2 N38'59'44"E 970.94' TRAIL COURT /�P4poJ SUBDIVISION 7975 420 MB 29 SEE DETAIL A / v° 10 POB � CREEK TRAIL COUR' POC A0 DETAIL A / (NTS) . / ti 1 SUNSET ROAD DETAIL B (NTS) EXHIBIT "B-2" PLAT TO ACCOMPANY LEGAL DESCRIPTION ACCESS EASEMENT: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CITY OF BRENTWOOD CONTRA COSTA COUNTY, CALIFORNIA DATE: FEBRUARY 2008 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANNERS 6111 BOLLINGER CANYON ROAD, SUITE 150 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575 C:\13C4\ACAt)\PLATS\PLAT—AC-10.dwg