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Home My WebLink AboutMINUTES - 09091997 - 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: September 9, 1997 SUBJECT: DA67 ROSSMOOR BASIN -WALNUT CREEK AREA Project No.: 7539-6D8456 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. ACCEPT Grant of Easement dated August 4, 1997, from Walnut Creek Mutual No. 58 (The Waterford). B. DIRECT the Real Property Division to have the above referenced Grant of Easement recorded in the office of the County Recorder. if. Financial Impact: No impact on General Fund. Future maintenance of the detention basin will be funded by benefit assessments collected in Drainage Area 67A. III. Reasons for Recommendations and Background: These property rights are required for the Rossmoor Detention Basin project in accordance with approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction, operation and maintenance in accordance with the approved plans qndd specifications. r. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 9— °i - I"117 APPROVED AS RECOMMENDED_OTHER VOTE OF SUPERVISORS ✓ UNANIMOUS(ABSENT ) AYES: NOES: I.hereby cert that this Is a hue and correct of ABSENT: ABSTAIN: an action taken and entered on the minutes of the DD:gpp B98ATTES ESupervisors PaN� T�on the,a?3�shown. 7 g:lrealprop\97-81bo9-9.wpd PmLL78fixdHEELORR,,Clark of thhe board Orig. Div: Public Works(R/P) ofsupantsorsand County ndministraW Contact: Donna Dawkins(313-2224) cc: County Administrator Ciepttlll P.W.Accounting Recorder (via R/P) c L7 Recorded at the request of: Contra Costa County Flood Control and Water Conservation District Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Donna Dawkins Portion of Assessor's Parcels No.189-720-154 & 189-750-153 GRANT OF EASEMENT For and in consideration of the benefits to be derived by the undersigned by the establishment and maintenance of the Rossmoor Basin stormwater detention facility, and for other valuable consideration, WALNUT CREEK MUTUAL NO. 58, a California non profit mutual benefit corporation (AKA The Waterford) ("GRANTOR"), hereby grants to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body, corporate and politic (DISTRICT"), an exclusive, perpetual easement for flood control purposes, over and across the real property situate in the City of Walnut Creek, 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 the area described in Exhibit A for the temporary containment of stormwater, and appurtenant structures, for the purpose of confining the water of Tice 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 therein earth, rock, sand and gravel for the purpose of excavation, widening, deepening, and otherwise rectifying the basin, and, within the land described in Exhibit A to construct, maintain, and repair embankments, fencing, protection works, and structures by said GRANTEE, its officers, agents, and employees, and persons under contract with it and their employees, whenever . necessary for flood control purposes. Also included is (a) the right to install, maintain or remove landscaping and other environmental improvements and (b) the duty to keep the easement area nuisance-free. The easement herein granted des not extend to any use of or entry on property lying outside the property described in Exhibit A without GRANTOR's prior written approval, which shall not be unreasonably withheld; provided, however, that without prior approval GRANTEE may enter such outside property in an emergency to the extent and for the time necessary to protect persons against death or injury, or property from loss or damage. At the end of any emergency entry, GRANTEE shall promptly restore such property to its condition prior to GRANTEE's entry. GRANTEE, in its exercise of the rights hereby granted shall protect property outside of the property described in Exhibit A from loss or damage. 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, which approval shall not be unreasonably withheld. GRANTEE hereby approves the discharge into the basin of surface waters from The Waterford, and the construction, maintenance, repair and replacement in the basin of storm drains, pipes, culverts and similar structures carrying surface water. TO HAVE AND TO HOLD, 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 19 GRANTOR: WALNUT CREEK MUTUAL NO. 58 : By Ned Drucker, President By: „0 2 c,. Lyd' Marcus, Secretary ATTACH APPROPRIATE ACKNOWLEDGMENT DD:glo G:\REALPR0P\97-4W580E1.WPD July 23,1997 c 2 OF 8 SCALE 1 "=100' BEARINGS ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE III (C.C.S. 27) DISTANCES SHOWN ARE GRID TO OBTAIN GROUND DISTANCES MULTIPLY BY 1.0001218. LOT 1 342 M 23 L1 P0.8. �N LOT 1 PARCEL D 332 M 21 ms 802W-93 ADJUSTED PER (15527 OR 784) O s v r 0.17 ACRES +/— co L9 STORM DRAIN EASEMENT PARCEL C 5193 OR 52 COVERS THIS ms 802W-93 PARCEL UNE DIRECTION DISTANCE L1 N 89'00 00 E 24.95' L2 S 20'21'.3.3w--E-- ,36.00' L3 S 13'58'27" W 46.00' ` L4 S 05'4.1'33 E 29.00' LEGEND: L5 S 4-6'11'33- E 22.00' � BOUNDARY UNE L6 S 21'31'33w- E 33.00' PROPOSED UNE L7 S 27'18'27" W 32.00' L8 S 05-06'42'E 22-24' L9 S 82'50'27" W 41.65' L10 N 00'52 42 W 208.54' SHEET 1 OF 1 86-1017-26 ROSSMOOR DETENTION BASIN EXHIBIT 'A" ALL OF THAT REAL PROPERTY, SITUATE, LYING AND BEING IN THE CITY OF WALNUT CREEK, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF LOT 1 AS SHOWN ON THE MAP OF SUBDIVISION 7176 FILED APRIL:7, 1989, IN BOOK 332 OF MAPS AT PAGE 21, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 AS SHOWN ON THE MAP OF SUBDIVISION 7444, FILED FEBRUARY 23, 1990 1N BOOK 342 OF MAPS AT PAGE 23, CONTRA COSTA COUNTY; THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTHERLY LINE OF SAID LOT 1 (342 M 23) SOUTH 89° 00' 00" WEST 24.95 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 000 52' 42' EAST 208.54 FEET; THENCE NORTH 82° 50' 27" EAST 41.65 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1 (332 M 21); THENCE ALONG SAID EASTERLY LINE THE FOLLOWING COURSES: NORTH 050 06' 42" WEST 22.24 FEET; THENCE NORTH 27° 18' 27' EAST 32.00 FEET; THENCE NORTH 210 31' 331 WEST 33.00 FEET; THENCE NORTH 460 11' 33' WEST 2200 FEET; THENCE NORTH 05° 41' 33'WEST 29.00 FEET; THENCE NORTH 13° 58' 27' EAST 46.00 FEET; THENCE NORTH 200 21' 33' WEST 36.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.17 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE III (C.C.S. 27). DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES MULTIPLY BY 1.0001218. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME IN CONFORMANCE WITH THE LAND SURVEYORS ACT. i C l t Y� F 3 OF 8 CURVE RADIUS LENGTH DELTA Cl 300.00' 223.05' 42'35'55 C2 500.00' 139.88' 16*01'40" LINE DIRECTION DISTANCE Ll N 89*00'00" E 24,95' L2 N 07`48'27" E 27.00' L3 N 36-1827" E .31-00' L4 N 23*58'27" E 25.00' (N E5 N 37'01'33" W 40.00'-- C'4 L6 N 42'41'33" W 31-00- C2 L8 L7 N 12*31'33" W 4-8-00' L8 N 07*58'27" E 22.000 L9 N 35*58'27' E 32.00 L10 N 07*28'27" E 28.00' EXISTING L11 N 4718'27" E 45.00' CJS IN f S.D.E. Ll 2 S 80-11'33' E 18-40' LOT 1 5193 OR 52 L13 N 17*12'43" W 46.91' 342 M 23 Cl Ll 4 S 20*19'47" W 67.55' L15 S 48*04*29" E 80.74' Ll 6 S 00'20'46" E 171.95' L17 S 03*20'22" E 100.22' L18 S 08'19'34" E 77.01' L19 S 00*5242" E 105.87' VT L20 S 72*47*17" W RADIAL L21 S 64*36'48" E RADIAL L22 S 04*18'08" W RADIAL L23 N 20*19'48" E RADIAL L12 0 PARCEL 0 MS 802W-93 SCALE 1"=100' co CV L07 1 Li LEGEND. 332 m 21 . BOUNDARY LINE PROPOSED LINE BEARINGS ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE III (C.C.S. 27) DISTANCES SHOWN ARE GRID TO OBTAIN GROUND DISTANCES MULTIPLY BY 1.0001218. SHEET 1 OF 1- 86-1017-26 ROSSMOOR DETENTION BASIN EXHIBIT "A" ALL THAT REAL PROPERTY, SITUATE, LYING AND BEING 1N THE CITY OF WALNUT CREEK, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF LOT 1 AS SHOWN ON THE MAP OF SUBDIVISION 7444, FILED FEBRUARY 23, 1990 IN BOOK 342 OF MAPS AT PAGE 23, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 (342 M 23); THENCE FROM SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAID LOT 1 (342 M 23) THE FOLLOWING COURSES: NORTH 07° 48' 27" EAST 27.00 FEET; THENCE NORTH 36° 18' 2711 EAST 31.00 FEET; THENCE NORTH 23° 58' 27" EAST 25.00 FEET; THENCE NORTH 37o 01' 33" WEST 40.00 FEET; THENCE NORTH 42o 41' 3311 WEST 31.00 FEET; THENCE NORTH 12° 31' 3311 WEST 48.00 FEET; THENCE NORTH 07° 58' 271 EAST 22.00 FEET; THENCE NORTH 350 58' 27" EAST 32.00 FEET; THENCE NORTH 07o 282711 EAST 28.00 FEET; THENCE NORTH 47° 18' 27" EAST 45.00 FEET; THENCE SOUTH 800 11' 33" EAST 18.40 FEET; THENCE NORTH 17o 12' 4311 WEST 46.91 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 223.05 FEET THROUGH A CENTRAL ANGLE OF 420 35' 55" TO THE SOUTHERN LINE OF PARCEL B AS SHOWN ON THE MAP OF SUBDIVISION 7674 RECORDED DECEMBER 2, 1994, IN BOOK 376 OF MAPS AT PAGE 43, CONTRA COSTA COUNTY RECORDS, SAID POINT BEING THE POINT OF CUSP OF A CURVE CONCAVE TO THE .NORTHEAST, HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 04: 18' 08" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND EXTERIOR BOUNDARY LINE OF SAID SUBDIVISION 7674 (376 M 43) 139.88 THROUGH A CENTRAL ANGLE OF 160 01' 40"; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 20° 19' 4711 WEST 67.55 FEET; THENCE SOUTH 48° 04' 29" EAST 80.74 FEET; THENCE SOUTH 00° 20' 46" EAST 171.95 FEET; THENCE SOUTH 03° 20' 22" EAST 100.22 FEET; THENCE SOUTH 08° 19' 34".EAST 77.01 FEET; THENCE SOUTH 00o 52' 42" EAST 105.87 FEET TO THE SOUTHERLY LINE OF SAID LOT 1 (342 M 23); THENCE ALONG SAID SOUTHERLY LINE NORTH 89° 00' 00" EAST 24.95 TO THE POINT OF BEGINNING. CONTAINING 0.82 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE III (C.C.S. 27). DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES MULTIPLY BY 1.0001218. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME IN CONFORMANCE WITH THE LAND SURVEYORS ACT. -C��f it r ti Or C 1 State of California County of Contra Costa On August 4 , 1997 before me Clarissa M. Hogan Notary Public, personally appeared Pled Drucker and Lydia Marcus personally known to me ( to be the person(s) whose name(s) ire subscribed to the within instrument and acknowledged to me that h9fsh/they executed the same in hit/�dtheir authorized capacity(ies), and that by hisftorftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature Notary Public LCAMMA M.HOGMI conn salon#1134711 J& NotoryPuW—CaMWft Contra costa county My comm.Exg*w Apr It 2MI g.IrealproplformslAK2.m