HomeMy WebLinkAboutMINUTES - 11071995 - C17 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: NOVEMBER 14, 1995
SUBJECT: EAST ANTIOCH CREEK PROJECT-ANTIOCH AREA
Project No.: 7566-6D8311 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated October 24,
1995, from Vincent J. and Joanne F. Aiello.
B. AUTHORIZE the Chief Engineer to execute said Right of Way Contact on behalf of the
District.
Continued on Attachment: X SIGNATURE:_
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 'Y� 199,5' APPROVED AS RECOMMENDED OTHER_
VOA OF SUPERVISORS
UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN:
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Orig. Div: Public Works(R/P) thereby oertHy that thls Is a 6W and coned copy of
Contact: Nancy Wennin er 313-2227 an action taken and entered on the minutes of the
Y 9 ( ) Board of Supervisors on the date shown.
cc: County Administrator ,,,,a
ATTESTED: 9°/S
Auditor-Controller(via R/P) PHIL BATCHELOR,Clerk of th6 Board
P.W.Accounting of Supervisors and County Administrator
Recorder(via R/P)
� "09wDeputy
East Antioch Creek
November 14, 1995
Page Two
C. APPROVE payment for said property rights and AUTHORIZE the Auditor-Controller to
issue a check for $500 payable to Vincent J. Aiello and Joanne F. Aiello, 325 Nash
Avenue, Antioch CA 94509, 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.
ll. Financiallmpact:
Payment of$500 from Drainage Area 56 funds.
III. Reasons for Recommendations and Background:
These property rights are required for the East Antioch Creek project, part of the East Antioch
Creek Watershed Area Drainage Improvement Plan. The marsh between Wilbur Avenue and
Cavallo Road will be cleaned up and opened to increase tidal water flow, preserving and
enhancing the riparian habitat. Over time, the project will result in the reversion of the existing
fresh water marsh to a more natural saline marsh.
V. Consequences of Negative Action:
The District will be unable to protect and preserve this valuable environmentally sensitive habitat.
617
Recorded at the request of:
Contra Costa County Flood Control
&Water Conservation District
Return to:
Contra Costa County Flood Control
&Water Conservation District ( �,
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Nancy Wenninger
Assessor's Parcel No. 065-101-024 Project No:7566-6D8311
GRANT OF EASEMENT
THIS INDENTURE, made by and between VINCENT J. AIELLO and JOANNE F. AIELLO, 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 to accommodate the possibility of overflow of storm drainage waters from the adjacent East
Antioch Creek which may periodically flood and submerge Grantor's lands, described in Exhibit "A"
attached hereto and made a part hereof. Said lands shall be subject to the intrusion and passage of
such storm drainage waters,.debris carried thereby, and the effects of such intrusion and passage.
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 maintain and repair the natural slope in order to protect the adjacent watercourse.
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 oIT
19 �
Vincent J. Aiello
o tine F. Aiello
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September 27,1995
State of California )
County of Contra Costa )
On October 24, 1995, before me, Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator, Contra Costa County, personally appeared Vincent J. Aiello and
Joanne F. Aiello, who are personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
Signature
Dep ty Clerk xi _s
„
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October 25,1995
DA 56 @ Wilbur Avenue
Parcel 1628 -Aiello
Portion APN 065-101-024
Dwg. ED-10169
EXHIBIT "A"
Parcel 1628: (Permanent Easement)
A portion of the northwest quarter of Section 19, Township 2 North, Range 2 East, Mount
Diablo Meridian, being a portion of that parcel of land described in the deed to Vincent J.
Aiello et ux recorded January 11, 1985 in Volume 12140 of Official Records at page 389,
also being a portion of Lot 10, Block 4, River View Terrace filed February 25, 1907 in Book
B of Maps at page 43, more particularly described as follows:
Beginning at the northeast comer of said Lot 10; thence from the Point of Beginning along
the east line of Lot 10, south 00°30'25"west 80.00 feet; thence north 13°31'46"west 82.46
feet to the north line of Lot 10; thence along said north line, south 89029'35" east 20.00
feet, to the Point of Beginning.
Containing an area of 800 square feet (0.02 acres) of land, more or less.
References to maps, boundaries, and ownership are to records of Contra Costa County,
California. Bearings are based on the California Coordinate System Zone III (CCS27)with
south 89029'35" east being taken as the bearing of Wilbur Avenue centerline as shown on
the map entitled "A Precise Section of the Streets and Highways Plan, Contra Costa
County" recorded February 20, 1958 in Volume 3122 of Official Records at page 401.
This real property description has been prepared by me or under my direction, in
conformance wit=:!7-
al Land Surveyors Act.
Signature: p LAND S�,q`�
. nsed Land Surveyor �,.S1oc�yc�o�
Contra Costa County Public Works ~m
No.6995 r
Date: 97
sT �P
FOF CAQ, o
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September 29, 1995