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Home My WebLink AboutMINUTES - 10141997 - C14 _r 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: OCTOBER 14, 1997 SUBJECT: SAN RAMON CREEK IMPROVEMENT PROJECT -ALAMO AREA Project No.: 7520-668562 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 September 22, 1997, from Hosein and Bernadette Eikani. 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$700 payable to Hosein Farrokh Eikani and Bernadette Ann Eikani, 1411 Silva Dale Road, Alamo, CA, 94507, to be forwarded to the Real Property Division for delivery. Continued on Attachment: X SIGNATURE: AAW _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON /D l`r - / 9 9 7 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the NW:gpp Board of Supervisors on the date,shown. g:\realprop\97-10\BOc10-14.wpd ATTESTED: .` �� 14-.}} /C7 Orig. Div: Public Works(R/P) PHIL BATCHELOR,Clerk of'fhe Board Contact: Nancy Wenninger (313-2227) of Supervisors and County Administrator cc: County Administrator Auditor-Controller(via R/P) By � R.9� Deputy P.W.Accounting Recorder(via R/P) Jet San Ramon Creek Improvement Project-Alamo Area October 14, 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. II. Financial Impact: Payment of$700 from Zone 3B Funds. III. 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. San Ramon Creek Parcels 1787 & 1787T-Eikani ,..,s ME WTW WASS°""'�'°'m DWG. ED-847 EXHIBIT "A" Real property in an unincorporated area of Contra Costa County, California, being a portion of Parcel A as shown on the Record of Survey MS 60-67 filed June 27, 1967, in Book 48 of Licensed Surveyors Maps at page 33, records of said County, described as follows: PARCEL 1787: (Drainage Easement) Beginning at the southeast corner of said Parcel A (48 LSM 33); thence, along the southerly line of said Parcel A, south 63048'47"west 10.000 meters; thence, leaving said line, north 29049'28" west 34.264 meters to a point on the northerly boundary of said Parcel A (48 LSM 33); thence along said northerly boundary, north 63044'20" east 7.600 meters to the northeast corner of said Parcel A; thence, along the east line of said Parcel A, south 33°48'13" east 34.510 meters to the Point of Beginning. Containing an area of 301.0 square meters of land, more or less. PARCEL 1787T: (Temporary Construction Easement to Expire December 31, 1999, or at the end of construction, whichever occurs first). Beginning at the southwest corner of PARCEL 1787 described above; thence, from,the Point of Beginning, along the southerly line of said Parcel A (48 LSM 33), south 63048'47" west 4.000 meters; thence leaving said southerly line, north 28009'11"west 34.212 meters to a point on the northerly boundary of said Parcel A (48 LSM 33); thence, along said northerly boundary, north 63044'20" east 3.000 meters to the northwest corner of said PARCEL 1787 described above; thence, along the westerly line of said PARCEL 1787, south 29049'28" east 34.264 meters to the Point of Beginning. Containing an area of 119.7 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 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. Signature: CEJ UAD sU,p Licensed Land SurveyorMW Contra Costa County Public Works Exp.1241-26 Na 5999 Date: — / 7 `�6 P g Acledcai\exhibits\E ikani.src OF C 08/29/96 ry Recorded request by: Contra Costa County Flood Control &Water Conservation District When Recorded Mail to: 4Sco d Contra Costa County 1 Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: N. Wenninger Assessor's Parcel No.187-120-036 Project: San Ramon Creek Improvement Project FCD Parcel No. 1787 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, HOSEIN FARROKH EIKANI and BERNADETTE ANN EIKANI, husband and 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 appurtgfnance 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 appurt¢nance 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 a d be binding upon he heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF this Grant of Easement is signed d e ecuted t is day of . 1497. rrr/Fokh Eikani Bernadette Ann Eikani ATTACH APPROPRIATE ACKNOWLEDGEMENT NW gpp gAreaIprop\temp\ea11 Eik.t2 February 3,1997 State of California ) County of Contra Costa ) On September 22, 1997, before me, Nancy H. Wenninger, a Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared Hosein Farrokh Eikani and Bernadette Ann Eikani, 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 Depiuty Clerk ct, �•raiunr:e„� � sr•. '� a couK'�