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HomeMy WebLinkAboutMINUTES - 10281997 - C16 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 28, 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 1. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated October 10, 1997 from Ray and Carol Goman. 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$600 payable to Ray K Goman and Carol Kinsey Goman, 711 Arlington, Berkeley, CA., 94707, to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above-referenced Grant of Easement recorded in the Office of the County Recorder. r � Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR' _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON /D- ? - " 9 9'7 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS UNANIMOUS(ABSENT 1 AYES: NOES: ABSENT: ABSTAIN: ,r .. NW:gPP ��hereby certty that this Is a true and correct copy of g:\realprop\97-10\BOc28-l0.wpd an action taken and entered on the minutes 01 fta fjoard of Supervisors on the date shown. Odg. Div: Public Works(R/P) 9 Contact: Nancy Wenninger (313-2227) pHIL ATCHELOR Cierit of tt a board cc: County Administrator otswpWvls=and 6&Tn 'AdtmniWaM Auditor-Controller(via R/P) P.W.Accounting �► Recorder(via R/P) zr 77__1177 VjA San Ramon Creek Improvement Project October 28, 1997 Page Two II. Financial Impact: Payment of$600 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. _ �� Recorded request by: Contra Costa County Flood Control &Water Conservation District When Recorded Mail to: Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 Co Attn: N.Wenninger Assessor's Parcel No.187-120-014 Project: San Ramon Creek Improvement Project FCD Parcel No. 1785 Project No.: 7520-6138562 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, RAY K. GOMAN and CAROL KINSEY GOMAN, 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 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 containgd,shall inure to the benefit be bin g upon the heirs, successors and assigns of the respective parties hereto. / IN WITNESS WHEREOF this Grant of Easeme t is signed an xecut t `day 1997. L � — Ray K. Goman Carol Kinsey Goman ATTACH APPROPRIATE ACKNOWLEDGEMENT NW:gpp gArealprop\97-9\ea11 GOM.wpd September 23,1997 San Ramon Creek drlc Parcels 1785 & 1785T - Goman W'_."WDWG. 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 Ray K Goman and Carol K Goman recorded August 6, 1987, in Book 13823 of Official Records at page 767, records of said County, described as follows: PARCEL 1785: (Drainage Easement) Beginning at the most northerly corner of said Goman parcel (13823 0.R. 767); thence, from the Point of Beginning, along the easterly line of said Goman parcel, south 16°20'02" east 26.200 meters; thence, leaving said easterly line, north 70°17'24" west 11.200 meters; thence north 35°30'23"west 8.270 meters; thence north 6°26'43"west 10.236 meters to a point on the northerly line of said Goman parcel; thence, along said northerly line, north 63°56'58" east 10.159 meters to the Point of Beginning. Containing an area of 229.6 square meters of land, more or less. PARCEL 1785T: (Temporary Construction Easement to expire December 31, 1999, or at the end of construction, whichever occurs first). Beginning at the northwest corner of PARCEL 1785 described above; thence, from the Point of Beginning, along the westerly boundary of said PARCEL 1785, south 6°26'43" east 10.236 meters; and south 35°30'23" east 8.270 meters; thence, leaving the boundary of PARCEL 1785, south 72°53'26"west 3.800 meters; thence north 21-32'02" west 11.731 meters; thence north 0°35'01" east 6.170 meters to a point on the north line of said Goman parcel (13823 O.R. 767); thence, along said north line, north 63°56'58" east 2.141 meters to the Point of Beginning. Containing an area of 45.5 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. S£p tAhlD�j Signature: °� � Licens and Surveyor J Contra Costa County Public Works txa No. s9% Date: 9 — /7 `�6 �?,�� `P OF cu�F g Ac1erica1lexhibits\Goman.src 0IRM/UF, CAVIFORN1A ALL-PURPOSE ACKNOWLEDGMENT X.Z —: ray State of CALIFORNIA County of CONTRA COSTA 5 On 10/10/97 before me, LAURIE J. GRANT, NOTARY PUBLIC N1 I,+ Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") r personally appeared RAY K. GOMAN AND CAROL KINSEY GOMAN ' Name(s)of Signer(s) ❑personally known to me—OR—IN proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument ; and acknowledged to me that hX/they executed the I� same in KY/ /their authorized capacity(ies), and that by LAURIE J.GRAN E( Y/M/their signature(s) on the instrument the person(s), COMM.#1044682 z rdo+.c i Public–cafifornta j or the entity upon behalf of which the person(s) acted, Z ' A. CONTRA COSTA COUNTY executed the instrument. My Cc;nrn.EX;ke3 JUL 1.1999 WITNESS my hand and official seal. (� Signature of Notary Public c- t' I OPTIONAL r� 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: GRANT OF EASEMENT Document Date: 10/10/97 Number of Pages: 1 ` ) Signer(s) Other Than Named Above:NONE Capacity(ies) Claimed by Signer(s) ( . RAY K. GOMAN • CAROL KINSEY GOMAN ( Signer's Name. Signer's Name. ( Individual IN 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: I � 0 1995 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