The URL can be used to link to this page

Home My WebLink AboutMINUTES - 11041997 - C15 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT A FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: NOVEMBER 4, 1997 SUBJECT: ACCEPT GRANT OF EASEMENT FROM SUNCREST HOMES NUMBER FOUR, LLC, AND AUTHORIZE THE RECORDING OF SAME WITH THE COUNTY CLERK-RECORDER IN CONJUNCTION WITH SUBDIVISION 7154, "STONECASTLE ESTATES", ALAMO AREA. Work Order No.: WOL77E SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT Grant of Easement from Suncrest Homes Number Four, LLC, and AUTHORIZE the recording of same with the County Clerk-Recorder in conjunction with Subdivision 7154, "Stonecastle Estates", Alamo Area. Continued on Attachment: x SIGNATURE: ' _RECOMN[EENDATION OF COUNTY ADMINISTRATOR _RECOMN[ENDATION OF BOARD COMMITTEE _APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON November 4, .1g91PPROVED AS RECOMMENDED_X_OTHER . VOTE OF SUPERVISORS x UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: G:%FLDCI'L\FCBO\B041IB.WPD Dopy Orig.Div: Public Works(Flood Control) f i action ncerilly ttand entered tron Me me and m tn�ut" pl IAs Contact: , Mark Boucher(313-2278) Board of Supervisors 011 the date Shown. a: Real Property ATTESTED: November 4, 1997 Recorder(via R/P) PHIL BATCHELOR.Clerk of the board P/W Accounting of Supervisors and County Administrator Flood Control P.Debens.Design a�,,, Q n SUBJECT: ACCEPT GRANT OF EASEMENT FROM SUNCREST HOMES NUMBER FOUR, LLC, AND AUTHORIZE THE RECORDING OF SAME WITH THE COUNTY CLERK-RECORDER IN CONJUNCTION WITH SUBDIVISION 7154, "STONECASTLE ESTATES", ALAMO AREA. Work Order No.: WOL77E DATE: NOVEMBER 4, 1997 PAGE 2 H. Financial Impact: None. M. Reasons for Recommendations and Background: The easements are required per the conditions of approval for Subdivision 7154 to provide access to the District to maintain San Ramon Creek. IV. Consequences of Negative Action: If the Grant of Easement is not accepted, the District will not have adequate right of way for construction of the San Ramon Creek project, from Livorna Road to Channey Road, which is scheduled construct in the summer of 1998. }!—� 4. RECORDING REQUESTED BY: f Contra Costa County Flood Control & Water Conservation District WHEN RECORDED MAIL TO: Contra Costa County Public Works.Department 255 Glacier Drive Martinez, CA 94553 Attention: Paul Gavey SPACE ABOVE THIS LINE FOR RECORDER'S USE Deed of Easements FOR NO CONSIDERATION, SUNCREST HOMES NUMBER FOUR LLC, a limited liability company, hereby GRANTS to CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, a public entity, easements affecting real property situate in the unincorporated area of Alamo, in the COUNTY OF CONTRA COSTA, State of California. The easements and affected real property are more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. This Grant is subject to all easements and encumbrances of record. APN: Dated SUNCREST HOMES NUMBER FOUR LLC, STATE OF CALIFORNIA a limited liability company ss. COUNTY OF �,j1 Yl�l (`c fi�- By Sunc est Homes, I c., Its Manager On �'�' , y 1 Rq( 1 before me. �01'\1 `C'' L- • , z t'Y elf C) �r a Notary Public in and for said State,personally appeared By V ` Gordon Gravelle and Dean Thorn,personally known to me P:ordnavllen'(or proved to me on the basis of satisfactory evidence)to be the B persons whose names are subscribed to the within instrument y and acknowledged to me that they executed the same in their Dean Thorn, Secretary authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. V Connie L.Axevl3do WIS my h nd and official seal. Comm.01087599 ' NOTARYPMIC CALIFORN Not blit 2 CONTRA COSTA COUNTY Camra.E¢p.Feb.11.2000 9 MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $-0- ..... Computed on the consideration or value of property conveyed;OR n/a ..... Computed on the consideration or value less liens or encumbrances remaining at time of sale. SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX-FIRM NAME CA972930.019 Exhibit A to Deed of Easements Page 1 of 2 A. Easements over Parcels 2,4 and 6 GRANTOR grants to GRANTEE non-exclusive easements over the parcels described on the Map of Subdivision 7154, filed in Map Book of the Oficial Records of Contra Costa County, California, at pages , as C.C.C.F.C. & W.C.D. Easement Parcels # 2 (sheets 4 and 5), #4 (sheets 7, 8 and 9) and #6 (sheet 8) for access to, and maintenance of the adjacent flood control channel that confines the water of San Ramon Creek and its tributaries. GRANTEE, its officers, agents, and employees, and persons under contract with it and their employees, shall have the right, whenever necessary for maintenance of the flood control channel,to enter upon said parcels with vehicles and equipment and to usesaid parcels, including GRANTOR's private roads (a) for construction, reconstruction, inspection, maintenance, and repair of a maintenance road; (b) for reconstruction, inspection, maintenance, and repair of the flood control channel; and (c) for installation and maintenance of landscaping and other environmental improvements. Except as specifically provided herein, GRANTEE shall have the right to remove all trees, vegetation, landscaping and environmental improvements on said parcels that interfere with the purposes for which these easements are granted. GRANTOR agrees not to install, place or construct or cause to be installed, placed or constructed any structures, facilities, growth or vegetation of any nature, other than road and utility facilities, within or over said parcels without the prior written approval of GRANTEE; provided GRANTOR may construct, reconstruct, install, reinstall, use and maintain an access road, fences, gates, landscaping and other related improvements as approved by the County Zoning Administrator on September 25, 1997, and as revised. In addition, GRANTOR grants to GRANTEE the easements and rights described below in Section C. over that portion of C.C.C.F.C. & W.C.D Easement Parcel #6 that is within Lot 21 and that lies northerly of the northerly boundary of TE #5 B. Easements over Parcels 1, 3 and 7. GRANTOR grants to GRANTEE non-exclusive easements over the parcels described on said Map of Subdivision 7154 as C.C.C.F.C. & W.C.D. Easement Parcels#1 (sheets 5 and 9), 3 (sheets 5, 7 and 9) and 7 (sheet 9). GRANTEE, its officers, agents, and employees, and persons under contract with it and their employees, shall have the right to use GRANTOR's private roads within said parcels for ingress and egress to the GRANTEE'S maintenance roads and flood control channel, by personnel and rubber tired vehicles with axle loads of 16 tons or less. C. Easement over Parcel 5. GRANTOR grants to GRANTEE non-exclusive easements over the parcel described on said Map of Subdivision 7154 as C.C.C.F.C. & W.C.D. Easement Parcel #5 (sheet 8). The easement herein granted shall include the right to construct, reconstruct, inspect, maintain, and repair a channel, whether covered or open protection works, and appurtenance 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 CA972930.019 t Exhibit A to Deed of Easements Page 2 of 2 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 appurtenance structures by said GRANTEE, its officers, agent, 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. D. Joint Use Agreement Incorporated. The rights and obligations of the parties as well as limitations on the liability of GRANTEE are more particularly defined and set forth in that certain Joint Use Agreement between the parties, recorded in the Official Records of said County on even date. By this reference, said agreement is incorporated herein as if set forth in full. CA972930.019