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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 5, 1996
SUBJECT: WEST ANTIOCH CREEK-ANTIOCH AREA
Project No.: 7579-6D8470 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 5, 1996,
from the Contra Costa County Fire Protection District.
B. AUTHORIZE the Chief Engineer to execute said Right of Way Contract on behalf of the District.
C. APPROVE payment of$24,033 for said property rights.
D. DIRECT the Real Property Division to have the above-referen d rant 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 Nay 0 5199 APPROVED AS RECOMMENDED_OTHER_
VO,T OF SUPERVISORS
��// UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN: t hereby eerft that MIS to awe and emea copy of
ardof�takenon to1.7aD minutes of the
PS:rs Ward
g:kealpropltemplbo5.t11 PHIL WCHELOR,CWkof Me board
Orig. Div: Public Works(R/P) d SuperAm WO CaM AdmkdWMW
Contact: P.Smyers 313-2222
cc: County Administrator By
Auditor-Controller(via R/P)
P.W.Accounting
Recorder(via R/P)
SUBJECT: West Antioch Creek
November 5, 1996
Page 2
11. Financial Impact:
Payment of$24,033 from Drainage Area 55 funds.
111. Reasons for Recommendations and Background:
These property rights are required for the West Antioch Creek 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.
Recorded request by: r.0
Contra Costa County Flood Control
&Water Conservation District
When Recorded Mail to:
Contra Costa county
Public Works Department
255 Glacier Drive
Martinez,CA 94553
Attn: Pat Smyers
Assessor's Parcel No.074-040-026 Project:West Antioch Creek
Project No.:7579-6138470
GRANT OF EASEMENT
For and in consideration of the benefits to be derived by the undersigned by the
establishment and maintenance of the official channel hereinafter referred to, and for other
valuable consideration, the undersigned, CONTRA COSTA COUNTY FIRE PROTECTION
DISTRICT, who acquired title as Riverview Fire Protection District, hereby grants to
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a political subdivision of the State of California, a perpetual easement for flood
control purposes in, over and across the real property situate 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 to construct, reconstruct, inspect,
maintain and repair a channel, whether covered or open protection works, and appurte-
nance structures for the purpose of confining the water of West Antioch Creek and its
tributaries, to enter upon said land with personnel, vehicles and equipment, to remove all
trees and vegetation thereon that interfere with the purpose for which the easement herein
is granted, to take therefrom and use earth, rock, sand and gravel for the purpose of
excavation, widening, deepening, and otherwise rectifying the channel, and for the
construction, maintenance and repair of embankments, fencing, protection works, and
appurtenance structures by said GRANTEE, its officers, agents, and employees, and
persons under contract with it and their employees whenever and wherever necessary for
flood control purposes. Also included is the right to install, maintain or remove
landscaping and other environmental improvements.
GRANTOR agrees not to further encumber or install, place or construct or cause to be
installed, placed or constructed any structures, facilities, growth or vegetation of any
nature within or over the herein described property without the prior written approval of the
GRANTEE.
TO HAVE AND TO HOLD, together with the right to do all things necessary to be done for
the purpose of confining the waters of said stream and its tributaries within said easement.
Page 1 of 3
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.
IN WITNESS WHEREOF this Grant of Easement is signed and executed this day of
, 19_
Contra Costa Cou
Fire Protept, n Di tr' t
By
C it 'Ira Costa County
B and o Supervisors
State of California )
County of Contra Costa )
On NovemhPr 5, 1996 , before me, Phil Batchelor, a Clerk of the Board
of Supervisors and County Administrator, Contra Costa County,personally appeared
Jeff Smith ,
who is personally known to me (or 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.
By
D uty Clerk
PS:gpp
gArealprop\temp\ea11 WAC.t10
Page 2 of 3
C'. 13
Portion APN 074-040-026
WEST ANTIOCH CREEK
RIVERVIEW FIRE PROTECTION DISTRICT
Parcel 1668.2
Drawing ED 803.2
EXHIBIT "A"
Real property situated in the City of Antioch, County of Contra Costa, State of California, being a
portion of that parcel of land described in the deed to the Riverview Fire Protection District recorded
December 18, 1979 in Book 9663 of Official Records at page 93, records of said County, described
as follows:
Beginning at the most southeasterly corner of said Riverview Fire Protection District parcel; thence
from said Point of Beginning, along the east line of said parcel, north 0051'29" east 308.74 feet;
thence, north 48035'36" west 33.39 feet to a point from which a radial line of a non-tangent curve,
concave to the west, having a radius of 338.00 feet bears south 74°33'25"west; thence southeasterly
and southerly along the arc of said curve, through a central angle of 16016'44", a distance of 96.03
feet; thence, tangent to said curve, south 0°50'09"west 235.70 feet to the north line of Fourth Street;
thence, along said line, south 89008'31" east 11.69 feet to the Point of Beginning.
Containing an area of 4,034 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27). Distances given are
ground distances. To obtain grid distance, multiply distance shown by 0.9999398.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
LAND
Signature: tY++fl rya
Licensed Land Surveyor
Contra Costa County Public Works
r
No. 5si99 f
Date:
OFCAI�E�
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9/5/96
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