HomeMy WebLinkAboutMINUTES - 01171995 - 1.03 =. ., /_.3
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 17, 1995
SUBJECT: DA29G - BASIN AND OUTFALL -ANTIOCH AREA
Project No.: 7568-6D8750 Task: ACO 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 from Sportsmen,
Incorporated, et al.
B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the
District.
C. APPROVE payment of $6,020 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to Chicago Title Insurance Company,
500 Ygnacio Valley Road, Ste 200, Walnut Creek, California, Escrow No. 76434, 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. ,
Continued on Attachment: X SIGNATURE: ��
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER .,
SIGNATURE(S):
ACTION OF BOARD ON A 1 7 1995 APPROVED AS RECOMMENDED V OTHER_
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supgrar p on the date shown.
ATTESTED: —
PHIL BATCHELOR, a of the Board
VOT OF SUPERVISORS- of Supervisors and County Administrator
UNANIMOUS(ABSENT ILA., ,Deputy
AYES: NOES: By
ABSENT: ABSTAIN:
KAM:glo:sd
g:\realpropltemp\bo13b.t1
Orig. Div: Public Works(R/P)
Contact: Karen McNamer(313-2228)
cc: County Administrator
Auditor-Controller(via R/P)
P.W.Accounting
Recorder
1, 3
DA29G-Basin & Outfall -Antioch Area
January 17, 1995
Page Two
Il. Financial Impact:
Payment of$6,020 from DA29G funds.
III. Reasons for Recommendations and Background:
These property rights are required for the DA29G Basin and Outfall project in accordance with
approved plans and specifications.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
Rez orded at the request of:
�y r
Contra Costa County Flood Control
and Water Conservation District 1.3
Return to:
Contra Costa County Flood Control
and Water Conservation District
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Karen A. McNamer .
Portion of Assessor's Parcel No. 051-040-019 Project No.: 7568-6D8750
GRANT OF EASEMENT
THIS INDENTURE, made by and between SPORTSMEN, INC., a corporation, LEON R. BIERLY and
JO ANN B. BIERLY, his wife, WALLACE KENT GIBSON and JUDITH E. GIBSON, his wife, COLIN DALE
BROWN and PATRICIA ANNE BROWN, his wife, IVAN R. BIERLY and MARGARET D. BIERLY,Trustees
of the Bierly Family 1993 Trust, and STEPHEN M. KLEE and JOANN C. KLEE, as Trustees of the Klee
Family Trust dated June 29, 1987, 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. GR T 19,for ryt!t; recerYd.y h o.ob y orGt:s to ths GRANTEE,
1NTEE, Cpa�r 1e+i!.2Ll �'Cc:••
ei l tt and fight
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.
It is understood that each of the undersigned GRANTORS grant only the portion of the land described
in said Exhibit "A" which is owned by said GRANTOR, or in which said GRANTOR has an interest.
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.
TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the
GRANTEE's successors and assigns forever.
Page 1 of 2
r •
Drainage Area 29G - Line A
` Parcel 1729 - Klee Family Trust et al.
Ptn. APN 051-040-019
%. Drawing ED-10187
EXHIBIT "A"
PARCEL 1729 (Permanent Easement)
A portion of the southeast quarter of Section 16, Township 2 North, Range 2 East, Mount Diablo
Meridian, in the unincorporated area of Oakley, Contra Costa County, California, being a portion
of PARCEL SIX described in the deed to Klee Family Trust recorded December 27, 1988 in Volume
14794 at page 41, Official Records of said County, further described as follows:
Commencing in the intersection of Wilbur Avenue and Bridgehead Road at the monument marking
the southeast corner of Section 16 (T2N, R2E);thence along the south line of Section 16, being also
the centerline of Wilbur Avenue, north 89005'20"west 1,829.55 feet, to the southern prolongation of
the east line of said PARCEL SIX (14794 O.R. 41); thence along said prolongation, north 0°46'43"
east 4200 feet, to the southeast corner of said PARCEL SIX on the north right of way line of Wilbur
Avenue, the Point of Beginning; thence from the Point of Beginning, along the east line of said
PARCEL SIX, north 0°46'43" east 1,605.00 feet, to the southeast corner of that parcel of land
described in the deed to Sportsmen Incorporated recorded November 25, 1953 in Volume 2230 at
page 567, Official Records of said County; thence along `the south line of said Sportsmen
Incorporated parcel (2230 O.R. 567), north 89005'20" west 15.00 feet; thence south 0046'43" west
1,605.00 feet, to the.north right of way line of Wilbur Avenue; thence along said north line, south
89°05'20" east 15.00 feet, to the Point of Beginning.
Containing an area of 24,075 square feet (0.553 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
LH-J'g
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c\ex:Sportsmn.29G
9/2/93
1
�3N WITNESS.WHEREOF, the GRANTOR has executed this indenture this day of
C COSTA COUNTY LOOD CONTRO TO
AND TER CONSERVAT ON DISTRICT -
= 8ciim d to a 11302.13 of portsmen, inc.
• ery{cors proval;
. By
Prope a Leon R. Blerly
. 13y �G�n-•�-i��.1�� '
'.' Princip a Pro ent
Anr .B. Bierly ,
. Michael Hord Wallace Kent Obson
Chief En eer
E3i
(Date of Board Ap roval) ith E. Gibson
_
a Colin Dale Brown
Patricia Arne Brown
lvb R. Blerly, Tr
i5'arc et D. erly, Tr tse ;
e on M. Klee, TrUs4e
Joann C. Klee, Trustee
1
It
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Pape 2 of 2