HomeMy WebLinkAboutMINUTES - 12091997 - C7 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA
Adopted this Resolution on December 9, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier
NOES: None
ABSENT: Supervisor Canciamilla RESOLUTION NO. 97/659
Deerings Water code, Uncodified Acts
Act 1656 § 32
West's Water Code, Appendix 64-31
Government Code § 25526.5)
SUBJECT: Exchange of Real Property Rights
San Ramon Creek Improvement Project
Project No. 7520-6B8562
Alamo Area
The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa
County Flood Control and Water Conservation district, RESOLVES THAT:
The District acquired certain real property on June 23, 1995 in Alamo, described in Exhibit "A"
attached hereto, for flood control purposes.
Pursuant to Government Code Section 25526.5, this Board hereby APPROVES and
AUTHORIZES the conveyance of a Grant of Easement for access purposes across said property to
James E. and Anna M. Gliozzi in exchange for an easement of equal value which is required for the San
Ramon Creek Improvement Project. Said access easement is DETERMINED to be surplus and does
not interfere with District or other public purposes and its estimated value does not exceed $10,000.00.
The Board Chair is hereby AUTHORIZED to execute a Grant of Easement to Mr. and Mrs. Gliozzi
on behalf of the District and DIRECTS the Real Property Division to cause said Grant of Easement to
be delivered to the grantee.
This Board also hereby ACCEPTS a Grant of Easement for flood control purposes dated
November 3, 1997, from Mr. and Mrs. Gliozzi, DIRECTS the Real Property Division to cause its delivery
to the County Recorder for recording, and AUTHORIZES the Auditor-Controller to issue a check for
$700.00 payable to James E. Gliozzi and Anna M. Gliozzi, P. O. Box 414, Alamo, CA 94507, as
compensation for landscaping and improvements lying within said easement. Said check shall be
forwarded to the Real Property Division for delivery.
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Contact: Nancy Wenninger(313-2227)
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RESOLUTION NO. 97/ 659
San Ramon Creek
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EXHIBIT "A"
Parcel X-1808-1: (Road Easement)
Real property in an unincorporated area of Contra Costa County, California, being a portion of
Parcel "A" as shown on the map filed September 24, 1980, in Book 89 of Parcel Maps at page 36,
records of said County, described as follows:
Commencing at the east corner of said Parcel "A" (89 PM 36); thence, along the southeasterly line
of said Parcel "A", south 65°00'00"west 64.631 meters to a point on the easterly boundary of the
area shown as "25 foot private access and utility easement" on said map (89 PM 36), said point
being the Point of Beginning; thence, from the Point of Beginning, along said easterly boundary,
north 26°41'44" west 9.488 meters; thence, leaving said easterly boundary, south 65044'22" east
12.517 meters to a point on the southeasterly line of said Parcel "A"; thence, along said line, south
65000'00" west 7.888 meters to the Point of Beginning.
Containing an area of 37.4 square meters of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27).
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U.S. Survey
Foot. Areas shown are in square meters. Multiply areas shown by 10.764 to convert to square
feet.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature:
License Land Surveyor
Contra Costa County Public Works - Exp...
No. 59?9
Date:
Of
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Recorded at the request of:
James &Anna Gliozzi
After recording return to:
James &Anna Gliozzi
P. O. Box 414
Alamo, CA 94507
A.P.N. 192-011-044
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 called "DISTRICT," hereby grants to JAMES E. GLIOZZI
and ANNA M. GLIOZZI, husband and wife, hereinafter called "GRANTEE," a nonexclusive right
to perpetual easement and right of way for ingress and egress appurtenant to their abutting real
property and for no other purposes whatsoever, along and in all of the hereinafter described
parcel of land situate in an unincorporated area in the County of Contra Costa, State of
California, described as follows:
FOR DESCRIPTION SEE ATTACHED EXHIBITS "A" and "B"
The foregoing grant is made subject to the following terms and conditions:
1. GRANTEE hereby acknowledges DISTRICT's title to said lands and agrees never to assail or resist said title.
2.. This grant is subject and subordinate to the prior and continuing right and obligation of DISTRICT, its
successors and assigns, to use all the property described herein. The GRANTEE shall not fence said
easement without the express written permission of the DISTRICT first had and obtained and shall remove any
fencing when requested by the DISTRICT to do so. The GRANTEE shall not otherwise obstruct the easement
area. The GRANTEE shall not use or permit use of said easement for any purpose other than those described
in this easement.
3. The easement granted hereunder is non-exclusive. Nothing contained herein shall be construed to prevent
DISTRICT from.granting other easements, franchises or rights of way over said lands provided, however, that
said subsequent uses do not unreasonably prevent or obstruct GRANTEE's easement rights hereunder.
4. In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury to the
public and to individuals arising out of 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.
5. No rights granted hereunder shall be transferred or assigned without the prior written consent of DISTRICT.
6. This easement is granted subject to encumbrances, licenses, leases, easements, restrictions, conditions,
covenants, liens, claims of title, and restrictions of record and any prior rights held by others within said land,
against which no warranty is made, and the word "grant" shall not be construed as a covenant against the
existence of any hereof. GRANTEE shall defend, indemnify, save, protect and hold harmless DISTRICT, its
agents, officers and employees, from any claim, action or proceeding to attack, set aside, void or annul this
easement.
7. 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.
8. 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.
9. 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 9th day of
December , 19 97.
CONTRA COSTA COUNTY FLOOD GRANTEE(S)
CONTROL & WATER CONSERVATION DISTRICT
ByMAO(= By L �J cZ
Chair, Board of Supervisors James E. Gliozzi
By
Anna M. Gliozzi
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On December 9, 1997 before me, Phil
Batchelor, Clerk of the Board of Supervisors and
County Administrator,Contra Costa County, personally
appearedSupervisor Mark DeSaulnier 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 instru-
ment and acknowledged to me that he/she/they
executed the same in his/her/their authorized capack
ty(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:
Deputy r
Form Approved (12/94)
Victor J.Westman,County Counsel
B
Deputy
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October 16, 1997
d San Ramon Creek
® e,IC Parcel X-1808-1 - Gliozzi
IMS.VIE YETRK
WCESS OTWRWIM ROTEO DWG. EB-323.1
EXHIBIT "A"
Parcel X-1808-1: (Road Easement)
Real property in an unincorporated area of Contra Costa County, California, being a portion of
Parcel "A" as shown on the map filed September 24, 1980, in Book 89 of Parcel Maps at page 36,
records of said County, described as follows:
Commencing at the east corner of said Parcel "A" (89 PM 36); thence, along the southeasterly line
of said Parcel "A", south 65000'00" west 64.631 meters to a point on the easterly boundary of the
area shown as "25 foot private access and utility easement" on said map (89 PM 36), said point
being the Point of Beginning; thence, from the Point of Beginning, along said easterly boundary,
north 26041'44"west 9.488 meters; thence, leaving said easterly boundary, south 65044'22" east
12.517 meters to a point on the southeasterly line of said Parcel "A"; thence, along said line, south
65000'00" west 7.888 meters to the Point of Beginning.
Containing an area of 37.4 square meters of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27).
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U.S. Survey
Foot. Areas shown are in square meters. Multiply areas shown by 10.764 to convert to square
feet.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature: G��0.�N�`w£ A�s0
License Land Surveyor \
Contra Costa County Public Works Exp.
No. 5999
Date: f0- Z- `jam J',r
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State of California )
County of Contra Costa )
On November 3, 1997, before me, Nancy H. Wenninger, a Deputy Clerk of the
Board of Supervisors, Contra Costa County, personally appeared James E. Gliozzi and
Anna M. Gliozzi, 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.
In witness whereof, I have hereunto set my hand the day and year first above written.
Signature '' ( i r'('C"',/
Deputy Clerk
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