HomeMy WebLinkAboutMINUTES - 12091997 - C9 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: DECEMBER 2, 1997
SUBJECT: SAN RAMON CREEK IMPROVEMENT PROJECT -ALAMO AREA
Project No.: 7520-6138562 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 November 4,
1997, from Michael and Jeannine McDonald.
B. AUTHORIZE the 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 $1,100 payable to Michael L. McDonald and Jeannine M. McDonald,
1401 Arbor Lane, Alamo, CA, 94507, to be forwarded to the Real Property Division for
delivery.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON December 9, 1997 APPROVED AS RECOMMENDED_OTHER_
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT V )
AYES: NOES:
ABSENT: ABSTAIN: t Mroby cerft teat this III a true and correct copy of
V) ac8on taken and entered on the minutes, of the
Board of Supervlsora on the da yq stav�rr�97
NW 9PP ArrESW0- December
g:lrealprop197-121B0c12-2.wpd PHIL BATCHELOR,Clerk of s�,i bonrd
of Supervisors and County:.::;n,::istrCtor
Orig. Div: Public Works(R/P) ,
Contact: Nancy Wenninger (313-2227) y
cc: County Administrator
Auditor-Controller(via R/P)
P.W.Accounting
Recorder(via R/P)
r� l
San Ramon Creek Improvement Project-Alamo Area
December 2, 1997
Page Two
D. DIRECT the Real Property Division to have the above-referenced Grant of Easement
recorded in the Office of the County Recorder.
Il. Financial impact:
Payment of$1,100 from Zone 3B Funds.
Ill. Reasons for Recommendations and Background:
These property rights are required for the widening and improvement of San Ramon Creek
between Livorna Road and Chaney Road in Alamo. High flows during storms in recent years
have caused significant erosion of the channel walls and threatened to flood adjacent properties.
This project is designed to prevent further erosion and increase the creek's flood flow capacity.
These goals will be achieved by 1) armoring the banks with a combination of gabion walls,
concrete rubble and rock slope protection; 2) selectively widening the channel; and 3) moving the
low flow channel away from the west side of the creek. Construction is scheduled to begin in the
spring of 1998.
IV. Consequences of Negative Action:
The District will be unable to construct the improvements according to the approved plans and
specifications.
Recorded request by:
Contra Costa County Flood Control
&Water Cbnservation District
When Recorded Mail to:
Contra Costa County
Public Works Department ✓ l/t/ p
255 Glacier Drive
Martinez, CA 94553
Attn: N.Wenninger
Assessor's Parcel No.187-120-019 Project: San Ramon Creek Improvement Project
FCD Parcel No. 1784 Project No.: 7520-668562
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, MICHAEL L.
MCDONALD and JEANNINE M. MCDONALD, his wife as joint tenants, 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 appurtenant structures for the purpose of confining the
water of San Ramon 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 appurtenant 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.
The easement herein granted includes the right to make any necessary earth fills and to locate or relocate existing
drainage pipes or structures in connection therewith on lands of the GRANTOR lying outside said easement,
provided that after such fill and location or relocation is completed said lands of GRANTOR will be left in a neat and
orderly condition.
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 right of way.
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 V . 1997.
Michael L. McDonald
eannine M. McDonald
ATTACH APPROPRIATE ACKNOWLEDGEMENT
NW=gpp
gArea1prop\97-9\ea11 MCD.wpd
September 23,1997
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of C 4L.(Fp2N I A
County of CONI TRA Qt)STA
On 1 `17 before me, L eA H V. VigG NOTA Q'I P06LIG
Date Name and Title of Officer e.g.,"Jane Doe,Notary Public")
personally appeared MIC EL L. Acb0r A•L� Ar.1'� JEANNINE M. AllcNKAU-
Name(s)of Signer(s)
*ersonally 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
LEAH K.bNG his/her/their signature(s)on the instrument the person(s),
a Commission#1072332 or the entity upon behalf of which the person(s) acted,
Z Not Public—Califomta
Z .: ConhaCostaCounfy executed the instrument.
My Comm.Expires Oct 20.1999
WITNESS my hand and official seal.
Signature of Notary P`ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: GRAN J-T OF FASE XEMI
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s) II
Signer's Name: M ll �AAEL L. hAc6oNJA L6 Signer's Name: eA Nr f imC Ac,63 A ubj
XIndividual X Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
San Ramon Creek
PARCELS 1784 & 1784T - McDonald
DWG. ED-847
EXHIBIT "A"
Real property in an unincorporated area of Contra Costa County, California, being a portion of
Parcel One described in the deed to Michael L. McDonald and Jeannine M. McDonald recorded
June 30, 1970, in Book 6160 of Official Records at page-270, records of said County, described
as follows:
PARCEL 1784: (Drainage Easement)
Beginning at the most northerly comer of said McDonald parcel (6160 O.R. 270); thence, from the
Point of Beginning, along the easterly line of said McDonald parcel, south 7°58'22" east 68.288
meters to the southeast corner of said parcel; thence, along the southerly line of said McDonald
parcel; south 63°56'58" west 10.159 meters; thence, leaving said southerly line, north 15011'36"
west 26.787 meters; thence north 0022'55" east 15.175 meters; thence north 5°17'22" west 27.671
meters to a point on the northerly line of said McDonald parcel (6160 O.R. 270), thence, along said
northerly line, north 68°55'58" east 9.765 meters to the Point of Beginning.
Containing an area of 756.8 square meters of land, more or less.
PARCEL 1784T. (Temporary Construction Easement to Expire December 31, 1999, or at the end
of construction, whichever occurs first).
Beginning at the northwest corner of PARCEL 1784 described above; thence, from the Point of
Beginning, along the westerly boundary of PARCEL 1784, south 5°17'22" east 27.671 meters;
thence south 0022'55" west 15.175 meters; thence south 15°11'36" east 26.787 meters to a point
on the south line of said McDonald parcel (6160 O.R. 270); thence along said south line, south
63056'58" west 2.141 meters; thence, leaving last said line, north 17°37'59" west 9.535 meters;
thence north 11 029'12" west 18.007 meters; thence north 2013'22" west 42.590 meters to a point
on the north line of said McDonald parcel (6160 O.R. 270); thence along said north line, north
68°55'58" east 0.635 meters to the Point of Beginning.
Containing an area of 119.6 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 10.76 to convert to
square feet.
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
Sia\-AkD ��
Signature:
Licensed Lana Surveyor IZ3/
Contra Costa County Public Works 5999
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