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HomeMy WebLinkAboutMINUTES - 01041994 - 1.15 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: JANUARY 4, 1994 SUBJECT: GREEN VALLEY CREEK WILDLIFE MITIGATION PROJECT, DANVILLE AREA Project No.: 7520-6138616 Task: ACQ Account: 3540 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated November 29, 1993, from Lawrence A. and Cynthia D. Teplin. B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the District. C. APPROVE payment for said property rights and AUTHORIZE the Auditor-Controller to issue a check for $1,500 payable to Lawrence A. Teplin and Cynthia D. Teplin, 852 Richard Lane, Danville, CA., 94526, to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above-referenced Grant of Easement recorded in the Office of the County Recorder. II. Financial Impact: Payment totalling $1,500 from Flood Control Zone 313, 100% reimbursable from the State Department of Water Resources. Continued on Attachment: f SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JAN 1994 APPROVED AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS t/UNANIMOUS (ABSENT 1 AYES: NOES: ABSENT: ABSTAIN: i hereby certify trial this Is a true and correct copy i4 NW:glo an action taken and enteied on the minutes of trio c:BOc4.tl 3oard of Supervisors on the dete shown. ATTESTED: JAN 4 1994 _ PHIL BATCHELOR,Clerk of the Board Orig. Div: Public Works (R/P) of Supervisors and Co my Administrator Contact: Nancy Wenninger (313-2227) , cc: County Administrator ey . Joe" Auditor-Controller (via R/P) P. W. Accounting Recorder (via R/P) Green Valley Creek Wildlife Mitigation Project Danville Area January 4, 1994 Page Two III. Reasons for Recommendations: Recently the U.S. Army Corps of Engineers and the Flood Control District cooperated in a revegetation and wildlife mitigation project along a section of Green Valley Creek in Danville. While grading for a maintenance road, the contractor was directed to avoid damage to riparian habitat. Compensation includes payment for land rights required for the installation and maintenance of new vegetation. IV. Background: The District will not fairly compensate property owners for rights required for construction of project. Recorded at the request of: Contra Costa County Flood Control and Water Conservation District Return to: a,?,D K Contra Costa County Flood Control and Water Conservation District Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Nancy Wenninger Assessor's Parcel No. 202-161-021 Project No.: 7520-668616 GRANT OF EASEMENT THIS INDENTURE, made by and between LAWRENCE A. TEPLIN and CYNTHIA D. TEPLIN, his wife, as joint tenants, hereinafter called the GRANTOR, and CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, 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 installing, removing, replacing, repairing, and maintaining, as the GRANTEE may see fit, for wildlife habitat mitigation purposes, trees, shrubbery, and other plant material, along with all necessary irrigation systems and appurtenant fixtures, in, under, along, and across that certin 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. GRANTOR agrees not to remove or damage trees or vegetation within said easement without prior approval from GRANTEE. TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE's successors and assigns forever. 'N NESS WHEREOF, the GRANTOR has executed this indenture this day of 1993. OFFICIAL SEAL Catherine Browning-Santa Maria aW nce A. Te p i ;,7 ® NOTARY PUBLIC•CALIFORNA CONTRA COSTA COUNTY • 6ty Comm.Expires April 12.1994 v .. Cy is D. Teplin l:glo A11 ALM.tB lust 11, 1993 STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On November 29, 1993 before me the undersigned, a Notary Public for the State of California, personally appeared Lawrence A. Teplin, and Cynthia D. Teplin, proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed.to the within instrument, and acknowledged that they executed it. OFFICIAL SEAL Catherine Btowflino-Santa Mafia NOTARY PUBLIC•CALIFORNIA CONTRA COSTA COUNTY My Comm.EXPOes Wil 12.1994 ignature Green Valley Creek Wildlife Habitat Mitigation North of Richard Lane Parcel 1727 Teplin DWG #EB-313 EXHIBIT 'A' Parcel 1727 (Permanent Easement) A portion of the parcel of land described in the deed to L. Teplin et ux, recorded May 22, 1979 in Book 9364 of Official Records at page 410, records of Contra Costa County, State of California, described as follows: Commencing at the most northwesterly corner of Lot 29, as shown on the map of Subdivision 5162, filed June 15, 1978 in Book 212 of maps, at page 18, records of said County; thence along the northwesterly line of said lot 29, south 26033'44" west 0.34 feet, to the Point of Beginning; thence from said Point of Beginning south 46022'20" east, 11.92 feet; thence south 30001'39" west, 75.62 feet; thence south 58046'59" west, 12.80 feet to the northwesterly line of said lot 29; thence along said line north 26033'44" east 89.80 feet to the Point of Beginning. Containing an area of 744 square feet (0.017 acre) of land, more or less. Bearings are based on the California Coordinate System Zone III. (C.C.S.27) AM:jlg:fc p1727.gvy 6/23/93