HomeMy WebLinkAboutMINUTES - 10191999 - C7-C10 JO: BOARD 4E SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 19, 1999
SUBJECT: CONTRA COS'T'A COUNTY AIRPORTS—AUTHORIZATION TO NEGOTIATE THE'PERMS
OF A GROUND LEASE FOR THE LEASE AND DEVELOPMENT OF 4.4 ACRES OF COUNTY-
OWNED LAND NEAR.THE BUCHANAN, FIELD AIRPORT
SPFC€F€C REQUEST(S)OR kECOrrt MENDAT oN(S)Viz,BACKGROUND AND JUSTIFICATION
1< Recommended Action:
APPROVE and AUTHORIZE the Public Works Director,or his designee,to NEGOTIATE,on behalf of
the County,terms of a long-term.ground lease between the County, as Landlord,and one of two parties that
have submitted proposals for the lease and development of approximately 4.4 acres of land at the corner of
?marsh Drive and aolano Way,near the Buchanan Field Airport.
11. FinancialImpacts
Negotiating the terms of a ground lease will not have a financial impact for the County. However,a ground
lease resulting from the negotiations has the potential for the Airport Enterprise Fund to realize ground,rent
of between $90,00-0.00 and $100,0410.00 per year, in addition to percentage rent, in the first full year of
operation. A ground lease will also generate significant sales tax for the County's General Fund.
Continued on Attachment: X SIGNATURE:
r
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S),
ACTION OF BOARD ON APPROVED AS RECOMMENDED�OTHER
October 19, 1999
1 hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board
of Supervisors on the date shown.
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT
APES; NOES: OCTOBER 19, 1999
N
ABSEr: ..� ABS`T'AIN. ATTESTED-
C:B(M0!9.T40,:)0C PHIL BATCHELOR, CEerof the Board of Supervisors
DOZ.DM Public Work,-Ai=rte and County Administrator(Lack R.Awwcr.ias.646-5722} y
cc: County Ad.s!inis^.mor
Pubic Works tnirea^,or
Public Works Accounting
A;;&Ior! onra?ter py
AvaUota Advesory Cemmime By Deputy
Foden.Avia+tun Adrttrisira:ion s
Liiltta ivinto:s,inc.
R :oY # Requested By:
I IIIIIIIIIIIIIHII IN 111111111111111
s
Contra Costa County Public Works Dept, CONTRA COSTA Co recorder Office
Construction: Division STPHEN L. WEIR Clerk-Recorder
256 Gacier Drive IDO '" 199 —027ro371®0
Ma;°tinez, CA 94553
W, OCT 20, 1909 14:51:53
Return to: FRE E$.
Tea P . � � � � :
i►-�eReeg-a
WHEN RECORDED, RETURN TO CLERK
BOARD OF SUPERVISORS
AS GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL ANIS WATER
CONSERVATION DISTRICT
In the Matter of Accepting and Giving } RESOLUTION OF ACCEPTANCE
Notice of Completion of Contract for and NOTICE OF COMPLETION
Fine Creek Storm Damage Repairs (C.C. § 3086, 3093)
Proiect No. ` 529-6139P43-99 RESOLUTION NO-_9_2/__U4
The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County
Flood Control and 'mater Conservation District, RESOLVES that:
The Flood Control District on August 4, 1999 contracted with C.V. Larsen Company, for the placing of
rock slope protection, engineered fill and hydroseeding, with National American Insurance Company as
surety, for work to be performed on the grounds of the County; and
The Chief Engineer reports that said work has been inspected and complies with the approved plans,
special provisions and standard specifications and recommends its acceptance as complete as of
September 27, 1999.
Therefore, said work is ACCEPTER as completed on said date, and the Clerk shall file with the County
Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract.
PASSED BY THE BOARD on October 19, 1999 by the following vote:
AYES: supERvisoRS GioiA, t TiLK A, DESAUI.N ER AND CANICIAMI ,,A
NOES: NONE
ASSENT: GMS -
CER IFICATION ANIS VERIFICATION
1 hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Contact: Mike Carlson (025)313-2321 Supervisors on the date shown.
Orig. Dept.Public Works(Coast.)
cc: Record and Return
Auditor O��BER 10', 1990,A`r"rBST�C:
Public Workks- Accounting PHIL.BATCHELOR, Clerk of the Board of Supervisors and
- Construction,R. Bruno County Administrator
- Env., C.Sellgren
Traffic,S.Kersevan
Contractor
Wki By Deputy
Cx:\C'rpDiaCoSitEECt4a9S199-�Ct\+.�-?CSC2scc�:.$cc
RESOLUTION NO. 99f 4 END OF DOCUMENT
TO BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, B ,ACKHAWK CHAD e
FROM: 1. MICHAEL WALFORD, PUBLIC WORDS DIRECTOR
DATE: OCTOBER 19, 1999
SUBJECT: APPROVE AMENDMENT TO CON- SULTING SERVICES AGREEMENT BETWEEN
THE BLACKHAWK CHAD ANIS ENGEO, INC., INCREASING THE PAYMENT LIMIT,
MANVILLE AREA. �WQ#5147
SPEC€F'IC REQUESTIIS)OR RECOMMENDATION(S)&BACKGROUND ANDJUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the General Manager of the Blackhawk GHAD to execute an amendment
to the Consulting Services Agreement between the Blackhawk CHAD and Engeo,Inc. for geological and
geotechnical services for the Blackhawk CHAD.
11 Financial Impact:
There will not be any impact on the County General Fund. The Blackhawk GHAD is funded through
revenues generated by County Service Area Mm23. The proposed contract amendment is consistent with
the adopted FY 98/99-program budget.
s
Continued on Attachment: X SIGNATtJRI
1
_#S L"C..l11tlA4ViE1{6lATIO19 7.iT COUNTY NTP !'T.]V17S[!aiISiRA8 OIIi
RECOMMENDATION OF BOARD COMMITTEE
APPROVE ®OTHER
SIGNATURE(S):
mmwe
ACTION OF BOARD ON APPROVED AS RECOMMENDED X_OTHER
OBER 19, 1999
VOTE OF SUPERVISORS
__X 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 rninutes of the Shard of Supervisors on
SE:cs:mw
the date shown.
Orig.Di-r: Pub:k Works(Special Districts) OMB
r^�
Csn.ac::
Skip Epperty(313-2253) vA:LtJBER 1(3 1.999
�ATTEST>✓�: y 777
cc: CountyCoQnststra+u: 'HIL BATCHELOR,Clerk of the Board of Supervisors and County
Cc'�.niy Coanset
B-'=kkawk GRAD c/o William R.Gray and Co. Administrator
By Deputy
__. _.
....................................
SUBJECT: APPROVE AME'T`I)MENT TO CONSULTING SERVICES AGREEMENT BETNVEEN THE
BLACK.HA K GHAD.AND ENGEG, INC., INCREASING THE PAYMENT LINT
BATE. OCTOBER 19, 1999
PACE: -2-
Ill. Reasons for,Recommendation and Background:
The Blackhawk GHAD, located in the Deville area, was formed in 1986. This contract amendment will
increase the payment limit for this contract from$135,000 to $140,000.00. The cost increase is a result of
the significant number of landslides that occurred in the Blackhawk GHAD this past year, including but not
limited to the following landslides: 49/53 Chestnut; Lot 12, Eagle Ridge; and 38 Rosewood.
IV. Conseguences of Negative Action.
Without Board approval,reimbursements for costs incurred to coordinate repair of the landslides will not
occur. A negative action will jeopardize the safety of those citizens whose residences are in the path of these
landslides.
Ud:oi al u1U �i4: i1ii qL.UV
AMENDMENT TO CONTRACT
CONSULTING SERVICES AGREEMIE T
cEffeotive juna 1, 1999, sub-section (e) Payment Limit(s), Paragraph 1, Special
Conditions, in the Consulting Services Agreement between the B1 ckhawk Geologic
Hazard Abatement,District (GHAD), and Engeo, Inc., a California Corporation is hereby
mended to extend the contract amount from $135,000.00 to$140,000.00.
All other teras and terms and conditions in the original contract rernain in full
force and effect.
Sim at um. `#'hese signatures auest t.,*Parties'agreement twreto: 3
iackhawk�HAD CONSULLT
President r4eo,:x; epamted
!�yt iyk" �\'.,1f�S ♦y \ yy fJf��,�. c�r�tt�r�S �J'
rid�s�� ��� t^{..�.�.:."w���4y.� � } �\y.........�� g� �� fi�f A� ^f`•L�j"F'"f���J'P4a�.."��
/",_•"„ f r"�*�r 1�/x-.;�T .�S<sM'� J >E�CAY��?�tL®L'd
/�,.,M-� 5�.�✓ f€.f � #f�b�Y'rSf'd i,i�.:/s�JCJr'deeL'rI
NoLq to q—r*L,i na For corporations,the eentteet must be signed byt+vo ofiicars. The first signature must be that e f%e ch"airman of
tfse a02rd.president or,iee-preslcent;tie second signature must be that of the sa etary,assistait secretary,cAlsiffiranciai officer
or assistant tre Urer,(CIV,Cie,Sec.1130 and Corps.Lode.Sec.313.) The$rknowledg;ment below muse be signed by a Notary
public.
CERTIF[CATE OF ACKNOWLEDGMENT
State of celifomiia
ca'kmty of
On."date mer?beiaw,Wore me, p�rrscna;ty
appeared in.ser: of the oM
remora€€y known to me Cdr pmved to me or the basis of satisfactory evidence)to be the person(s)whose name{s>is/are
aubscribed to the within insiument'and acknowledged tv me°drat twshemiey execuied tie same in a�;t€'olizm
capadmies},vtid that by hid haritit "ir Signatura(s)or.lhie lnatument the rson(s),or t se antity upon.Seehal;of which curie
rsersonr si acted,executed the instn,men
W7:NESS my and and official si
r
Dated., �f ��x �lr � � �, �`1� r '`' d/a �� "•� �
fsiff fy�1t3iic
(Notary's Seal)
it
F i.• Lash IiY
cowl.Y
COMM VM 2001
�3'ret'T�Y'€:rSLi.^,-CA3.tFCrS�rR :
amend BH contract.do:.
...............................
...................................................................................
. .........................................
THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF
THE CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT, CALIFORNIA
Adopted this Resolution on October 19, 1999, by the following vote:
AYES, SUPERVISORS GIOIA, UTLKEMA, DESAULNIER AND CANCIAMILLA
NOES: NONE
ASSENT: GERBER
ABSTAIN, NONE RESOLUTION NO. 99! 535
®eerings Nater Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Code § 25526.6
SU : onveyence o an Easement to the City of Brentwood---
Marsh Creek Channel
Project No. 0651-6LO83A
Brentwood Area
CP leo. 99-49
The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and
Water Conservation District RESOLVES THAT,
Contra Costa County Flood Control and slater Conservation District acquired certain real property
by deed recorded on October 29, 1965, in Book 4983 at page 593, in the Brentwood area. The City of
Brentwood has requested an easement over a portion of said property, described in Exhibits "A" and "B"
attached hereto, for suer purposes. This Board FINDS that the conveyance of such easement is in the
public interest and will not substantially conflict or interfere with the District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to The City
of Brentwood over the property described in Exhibit "A" attached hereto, pursuant to the above-
referenced statutory authorities and the Board Chair is hereby AUTHORIZED to execute the Easement
on behalf of the District.
The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee.
This Board hereby FINIS that the project will not have a significant effect on the environment, and
that it has been determined to be exempt from the California Environmental Quality Act under Mate
CEQA guidelines Section 15961 (b)(3). This Board DIRECTS the Director of Community Development
to file a Notice of Exemption with the County Clerk, and DIRECTS the Public Works Director to arrange
for payment of the $25.90 handling fee to the County Clerk for filing and a $25.00 fee to Community
Development for processing of the Notice of Exemption. This activity has been found to conform to the
General Plan of the County,
LO:eh €hereby certify that this is a true and correct
G:\Grp,Data\RealProp\1999-Fiies\99-10\BR27AMars.hCreekChannel.doo copy of an action taken and entered on the
Oa€g.€3ept.. Public Works(RIP) minutes of the Board of Supervisors on the
Cont�cta L.Lucy Owens(313-2229) date shovers.
cc: Public Works Accounting
Public works Records A EST�L?: OC`IOBER 19, 1999
Grantee(vis RIP)
Recorder(via RIP) PHIL BATCHELOR,Clerk of the Board of
community Development Supervisors and County Administrator
BY Deputy
RESOLUTION NO. 991 535
_.... .._...... _..._.
_...
x
JULY 7, 1998
JOB NO. : 94453-30
REVISE: ' 8/ 2/99
EXT<.1 B I'T` 'A'
LEGAL DESCRIPTION
15 FOOT SANITARY SEWER EASEIAEi3T
CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
BRENTWOOD, CALIFORNIA
REAL PROPERTY, SITUATE IN THE INCORPORATED 'TERRITORY OF THE CITY OF
BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED RECORDED
OCTOBER 29, 1965, IN BOOP: 4983 OF OFFICIAL RECORDS, AT PAGE 593, IN
THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS
BEING A STRIP OF LAND FIFTEEN (15 . 00) FEEll' WIDE, THE CENTERLINE OF
WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAS'T'ERN CORNER OF PARCEL B, AS SAID PARCEL B IS
SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY RECORDED
APRIL, 6, 1966 IN BOOK 41 OF LICENSED SUnVEYOR' S FLAPS, AT PAGE 12, IN
SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY,
THENCE, FROM SAID POINT OF COMMENC"EMEUT, ALONG THE NORTH EASTERN AND
SOUTHEASTERN LINE'S OF SAID PARCEL B, THE FOLLOWING THREE 3) COURSE'S:
1) SOUTH 34047' 08" EAST (THE BEARING OF SAID NORTHEASTERN :TIE
BEING TAKEN AS "SOU'Tii 3404'7' 08" EAST" FOR THE PURPOSE OF
MAKING THIS DESCRIPTION) 36. 75 FEET,
2, SOUTH 55012' 52" WEST 30. 00 FEET, AND
3) SOUTH 34047' 08- EAST 35 . 76 FEET TO A POINT ON THE
NORTHWESTERN LINE OF SAID PARCEL OF LAND (4983 OR 594)
THENCE, ALONG SAID NORTHWESTERN LINE, ALONG THE ARC OF A NON-TANGENT
303 . 00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID
CURVE BEARS SOUTH 51"47' 52" EAST, THROUGH A CENTRAL: ANGLE; OF 06-59' 00-,
AN ARC DISTANCE OF 37 . 54 FEET TO THE POINT OF BEGINNING FOR THIS
DESCRIPTION;
,\C'3G2\V,C13C`J2\Pkojr-r.`S*94453-30\1,g-0,23.U.UC
LEGAL DESCRIPTION JULY 7, 199€3
PAGE TWO jOB NO. : 94453-32
REVISED: 8/12/98
THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NGF2'3.HWES`:'E;RN LANE,
SOUTH 52001' 51" EAS: 115. 21 FEET TO A POINT ON '!'HE SOUTHEASTERN LINE OF
SAID PARCEL OF LAND (4983 OR 594) , AND TO THE POINT OF TERMINUS FOR
THIS DESCRIPTION.
THE SIDELINES OF SAID STRIP OF LAND ARE TO BE SHORTENED OR LENGTHENED
TO TERMINATE ON THE NORTHWESTERN AND SOU`EEiAS'IE'RN LINES OF SAID PARCEL
OF' LAND (4983 OR 594) .
END OF DESCRIPTION
NO
3 ,
71? �
CLA�
OF Ge����4� CHRISTOOHER S. HARM SON
L.S. 7176
EXPIRES: DECEMBER 31, 1999
\\CI3G2\\\C:3G2\!'RJ3E-C s S\94453-30\£,g-023.duc
EXHIBrr
SJEDEEHNAN
Pr R u LL
-t 1 LS
R=308.00'
L=37.54'
0
./ �
15.00' SAN€FARY SEK- _
EASEMENT
COMM
rr�� ii. � 1
C0JN5 3RVA_f1ON D]S fj1d
N1901-1101 OR 594)
b NVMj] C �K) DIAINDI A
PLAT TO ACCOMPANY LEGAL DESCRIPTION
15.00 FOOT SANITARY SEWER EASEMENT
CO TA COSTA COUNTY 'MARSH CREED )
E3RENTWOOD, CALIFORNIA
AUGUS 11993
Carlson, Barbee, & Gibson, Inc.
CIVIL ENGINEERS o SUIZVEY016 m PLANNERS
2000 CROW CANYON PLACE, SURE 25'0 SAME RAMON, CALIFORNIA 0.4583
1ELEPHON : (925) 869-0322 FAX: (925) <i66-8575
994';,3 A"
`- A7\PLAT PCA1'-S '
Jit?df{�. 34d53—Jt) �+
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL UALITY ACT (CEQA)
FIDE NO.: 4351-6G5392 Cly NO.: 99-49
ACTIVITY NAME: Brentwood Sewer Easement
DATE: June 14, 1999
PREPARED BY: Trina Torres
This activity is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 5, Section 16061 ( ) (3) of the CEQA Guidelines.
It can be seem with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment.
DESCRIPTION-OF THE ACTIVITY:
Contra Caste County is granting s perpetual 15-foot wide sanitary sewer easement over
Contra Costa Flood Control and Water Conservation District's Marsh Creek Channel to the
City of Brentwood. The District will maintain ownership of the parcel. The easement is for
right of way to install, construct, reconstruct, remove, replace, repair, upgrade, maintain,
operate and use a sanitary sever line and appurtenances thereto. The City of Brentwood
will be responsible for obtaining CEQA compliance for activities associated with the
maintenance and operation of the sanitary suer linea
LOCATION:
The property is located along the west side of Walnut Blvd., scala of the Southern pacific
Railroad near the City of Brentwood (Figures 1-3).21W
REVIEWED BY. DATE: e
ece Sellgre
Environmental Planner
APPROVED ak�d"A. DATE:
Community Development Representativ
v:\C,pDataiEngSvc�E�'V!RO\99projec#slGEQAonly\Detet inatio�-Exerr.ptl
Brentwood Sewer Eaaernent.doc
CALIFORNIA ENVIRONMENTAL QUALITY ACT
11L -r
oboe of Exemption
Contra Costa County Community Development Department
651 Pine Street,4th Floor 4 North Ming,McBrien Administration Building
Martinez,CA 94553®4095
Telephone: (925) 313-2296 Contact Person:Cece Seiloren 4 Public Works D
Project Description, Common lame (if any) and Location: Brentwood Berger Easement, County File
#CP9 roject Description: Contra Costa County is granting a perpetual 15-foot wide sanitary sewer
easement over Contra Costa Flood Control and Water Conservation District'sMarsh Creek Channel
to the City of Brentwood. The District will maintain ownership of the parol. The easement is for right
of way to install, construct, reconstruct, remove, replace, repair, upgrade, maintain, operate and use
a sanitary sewer line and appurtenances thereto. The City of Brentwood will be responsible for
obtaining CEQA compliance for activities associated with the maintenance and operation of the
sanitary sewer line. Project location: The property is located along the west side of Walnut Blvd.,
south of the Southern Pacific railroad near the City of Brentwood.
This project is exempt from CEQA as a:
Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section
Declared Emergency (Sec. 15269(x)) General Rule of Applicability (Section 1506'1(b)(3)
Emergency project (Sec. 15269(b) or(c))
Categorical Exemption,
for to following reason(s): It can be :seen with certainty that there is no possibility that the activity may have
a significant adverse effect on the environment.
Bate: 8y:
Community Development Department'Representative
AFFIDAVIT OF FILING AND POSTING
1 declare that on 1 received and pasted this notice as required by
California Public Resources Code Section 21152(c), Said notice will remain posted for 30
days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Aft: Trina Torres County Clerk Fee$50 Due
G:\GrpData\EngSvc\ENVlROk99proi-ectskCEQAonly\
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Recorded at the request of'.
City,of Brentwood
After recording return to:
City off Brentwood
708 31*d Street
Brentwood,CA X513
Attention. 1
GRANT'
For good and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA,
COUNTY FLOOD CONTROL AND MATER CONSERVATION DISTRICT, a political
subdivision of the State of California, hereinafter called DISTRICT, hereby grants The City
of Brentwood, a Municipal Corporation, hereinafter called GRANTEE, a nonexclusive right
to a perpetual 15-foot wide sanitary sewer easement and right of 'way for installing,
constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining,
operating and using a sanitary sewer line and appurtenances'thereto, and for no other
purposes whatsoever, along and in all of the hereinafter described parcel of land situate
in the County of Contra Costa, Mete of California, described as follows:
FOR DESCRIPTION AND PLAT MAP SEE ATTACHED EXHIBITS RSA" AND "B"
The foregoing great is made subject to the following terms and conditions:
The primary use of the Property subject to this easement(hereinafter the"Property")
is for flood control purposes, including but not limited to channel and pipeline
excavation, construction repair, widening, deepening and maintenance, and all
ether flood control purposes. GRANTEE acknowledges and agrees that the use
just described constitutes the,primary use of the Property and that any and all rights
granted or implied by this Grant of Easement are secondary and subordinate to the
primary use of the Property by the DISTRICT, its successors and assigns.
GRANTEE shall not, at any time, use or permit the public to use the easement area
in any manner that will interfere with or impair the DISTRlCT`s primary use of the
Property. GRANTEE shall not fence the easement without the prior written approval
of the DISTRICT, and shall remove any fencing when requested by DISTRICT to
do so, GRANTEE shall not otherwise obstruct the easement area.
20 GRANTEE hereby acknowledges DISTRICT°s title to said lands and agrees never
to assail or resist said title.
. (a) GRANTEE shall, prior to any construction, reconstruction, remodeling,
excavation, installation or plantings within the subject easement area, submit
specific plans and specifications to DISTRICT for review and approval. Such
approval, together with any additional requirements, is to be in the form of a written
permit issued by DISTRICT to GRANTEE. DISTRICT agrees upon approval of
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g. GRANTEE understands and acknowledges that DISTRICT makes no
representations, warranties or guarantees of any kind or character, express or
implied,with respect to the Property, and GRANTEE is entering into this transaction
without relyingin any manner on any such representation or warranty by DISTRICT.
10. In the event GRANTEE shall cease to use the easement hereby granted for a
continuous period of one year or in the event GRANTEE abandons any of its
facilities or fair to use the easement for the purpose for which it is granted, then all
rights of GRANTEE in and to said lands shall hereupon cease and terminate and
title thereto shall immediately revert to and vest in the DISTRICT or its successors.
Upon any termination of GRANTEE's rights hereunder, GRANTEE shall, upon
request by DISTRICT, and at GRANTEE's sole cost and expense, remove all its
facilities from said lands and restore said property to its original condition. Upon
failure of GRANTEE so to do, said work may be performed' by DISTRICT at
GRANTEE's expense,which expense GRANTEE agrees to pay to DISTRICT upon
demand. GRANTEE shall execute any Quitclaim Deeds required by DISTRICT in
this regard.
11, o rights granted hereunder shall be transferred or assigned without the prior
written consent of DISTRICT.
12. Nothing herein contained shall be deemed to construe that access or other
secondary rights are conveyed by this document over any of DI TRICT's adjacent
lands lying outside of the aforesaid strip of land above described.
13. This grant of easement contains the entire agreement between the parties hereto
and shall not be modified In any manner except by an instrument in writing executed
by the parties or their respective successors in Interest.
14.This gaunt of easement shall not be construed as if it had been prepared by one of the
parties, but rather as if bath parties have prepared it. The parties to this grant of
easement and their counsel have read and reviewed this grant of easement and
agree that any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply to the interpretation of this grant of
easement.
15. 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.
16. No obligation other than those se set forth herein will be recognized.
IN WITNESS IrI'EREOF, this Grant of Easement is signed and executed this .9TH ,day
of OCrOBER
CONTRA COSTA COUNTY FLOOD GRANTEE(S)
CONTROL&WATERJQONSERVATION DISTRICT THE CITY OF BRENTWOOD
SEE RESOLUTION 99-1470 ATTACHED
€ o of Supervisors
E 0 CALIFORNIA)
N rY OF CONTRA COSTA )
On October 19, 1999 before rye, Phil
Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County,
personally appeared ep nQjam;jjh ,
who is personally known to€tee(or proved to me on
the basis of satisfactory evidence) to be the
person(s) whose name(s) isiare subscribed to the
within instrument and acknowledged to mage that
he/sheithey executed the saran in hisiher/their autho-
rized capaclty(ies)> and that by hisiherltheir signa-
ture(s)on the instrument the person(s),or the entity
upon behalf of which the person(s)acted,executed
the instrument.
By:
Dep€a r
ierk
Form Approved(08198)
Victor J.Westman,County Counsel
98-91ea l 7pa_cb
6
jULY 7, 1998
vOB NO. : 94453`30
REVISED: 8/12/9¢
EXPIl B tT 'A,
LEGAL DESCRIPTION
15 FOOT SANITARY SEWED. EASEMENT
CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
BRENTWOOD, CALIFORNIA
IA
REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF
BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO 'CONTRA COSTA
COUNTY FOOD CONTROL AND DATER CONSERVATION DISTRICT BY DEED RECORDED
OCTOBER 29, 1965, IN BOOK 4983 OF OFFICIAL, RECORDS, AT PACE 593, IN
THE OFFICE OF THE COUNTY RECORDER OF CONTRA COS"TA. COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A STRAP OF LAND FIFTEEN (15 . 00) FEET WIDE, THE CENTERLINE OF
WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERN CORNER OF' PARCEL 'B, AS SAID PARCEL B IS
SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY RECORDED
APRIL 6, 1966 IN BOOK 41 OF LICENSED SURVEYOR' S MAPS, AT PAGE 12, IN
SAID OFFICE OF THE COUNTY RECORDER -IF C013TRA COSTA C oUN T Y;
THENCE, FROM SATO ".POINT OF COMMI ENC:uMF11,4T, ALONG THE NORTHEASTERN AND
SO";y'HEASTERN LINES OF SAID PARCEL I3, THE F:.OLLOW 1 NG THREE (3) COURSES:
SOUTH 34047' 08" EAST (THE BEARING OF SAID NORTHEASTERN LINE;
BEING TAKEN AS "SOUTH 34"47' 08" EASl.."' FOR THE PURPOSE OF
MAKING THIS DESCRIPTION) 86.75 FEET,
2; SOUTH 55°s2' 52" WEST 30 . 00 FEET, A14D
3) SOUTH 34047' 08" EAS: 35.76 FEET TO A POINT ON THE
NORTHWESTERN LINE OF SAID PARCEL OF ,SAND (4983 OR 594) ;
THENCE, ALONG SAID NORTHWESTERN LINE, ALONG THE ARC OF A NON-TANGENT
308 .00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID
CURVE BEARS SOUTH 51-47' 52" :BAST, `114ROUGH A CENTRAL ANGLE OF 06059' 00-,
AN ARC DISTANCE OF 37. 54 FEET TO THE PONT OF BEGINNING FOR THIS
DESCRIPTION;
1\CBG21\\CBC21PROI ECTS\94453-3UNt.g-023.4;a�c
LES DESCRIPTION JULY 7, 1998
PAGE TWO JOB NO. : 94453--30
REVISED: 8/12/98
THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHWESTERN LIFE,
SOUTH 52''0151 ' EAST 115. 27 FEET TO A POINT ON THE SOUTHEASTERN INE OF
SAID PARCEL OF LAND (4 983 OR 594) , AND TO THE POINT OF TERMINUS FOR
THIS DESCRIPTION.
THE SIDELINES OF SAID STRIP OF LAND ARE TO BE SHORTE14ED OR LENGTHENED
TO TERMINATE ON THE NORTHWESTERN AND SOUTHEASTERN LINES OF SAID PARCEL
OF LAND (4983 OR: 594)hill
,
END OF DESCRIPTION
717 , cl L11L
-
F CA�,�� CHRISTO_HER S. HARMISON
L.S. 7176
EXPIRES: DECEMBER 31, 1999
11CBG21\\CB s211 ROJECTS\94453-30\Lg-023.doc
mold
EXHIBIT B
- P.C.C.
B E D E RMA IN
PARCEL 3
41 LSM 12 '�
R=308.00' to
=37.54° �"
X06`59`00°`
0
P.O.D. -- .
�a
15,00' SANITARY SEWER
EASEMENT
NTR COS-FA COUNTY FLOOD
CONTROL AND WATER
CONSERVATION DJCfR CT m �
p
(4983 OR 5941. )
PLAT TO ACCOMPANY LEGAL DESCRIPTION
15.00 FOOT SANITARY SEWER EASEMENT
CONTA COSTA COUNT' (MARSH CREEK)
BRENTWOOD, CALIFORNIA
AUGUST 1998
Carlson, Barbee, & Gibson, Inc.
CIVIL ENGINEERS s SURVEYORS * PLANNERS
2000 CROW CANYON PLACE, SUVTE 250 SAN RAMON, CALIFORNIA 94581
TELEPHONE: (925) 806-0322 FAX: (925) 856-8575
RESOLUTION O. 99-170
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
AUTHORIZING THE CITY CLERK TO ACCEPT ON THE CIT 'S BEHALF CERTAIN
INTERESTS IN REAL PROPERTY
WHEREAS, Government Code Section 27281 provides that instruments
conveying ars interest In real property to the City may not be recorded without
certificate of acceptancefrom the City Council; and
WHEREAS, Government Cade Section 27281 also provides that the City Council
may, by a general resolution, authorize one or more officers to accept instruments
conveying ars interest in real property by executing a certificate of acceptance,
WHEREAS, the City Council desires to delegate to the City Clerk the authority to
accept real property interests on behalf of the City only as to certain "offers of
dedication", 'rights of entry" and "minor property acquisitions". Offers ofedicat on are
defined as the conveyance of real property for public use as an outright donation, in
exchange for the granting of any land use entitlement by the City (such as subdivision
maps, building permits or zone changes)or to satisfy mitigation requirements resulting
from an environmental review. �, hts of Entry are possessory interests in real property
whereby the City is authorized, for a short duration and fore limited purpose, to enter
upon real property and engage in work for the public benefit. lttlinor crocerty
agauglakna are defined as negotiated ac uisitions not under the threat of eminent
domain for minor real property interests in the nature of an easement or fee interest for
a public purpose.
NOW THEREFORE, the City Council of the City of Brentwood does hereby
resolve that;
1 o The City Clerk may accept on behalf of the City Council bights ofd so long
as each right of entry is memorialized in a written document signed by the
property owner, made upon the written recommendation of the City Engineer,
Public Works erector or Community Development Director, and obligates the
City to compensate the property owner, if at all, in an mount not to exceed
$5,000.
2. The City Clerk may accept on behalf of the City Council Offers of Dedication of
an easements riga of way or fee interest in real property so long as each offer is
evidenced by a'written instrument signed by the offering property owner,
irrevocably and without conditions to its acceptance, and without expectation that
cash compensation or reimbursement will be made by the City.
\\srver_accr-tag\cacoML-m\kdiaz\WP IES\CC\99-I70.doc
3. The City Clerk may accept on behalf of the City Council Minor Proggrty
Ac uisitions of an easement or fee interest in reel property so long as each
acquisition is evidenced by a written instrument signed by the seller and
obligates the City to compensate the property owner, if at all, in an amount not to
exceed $5,000.
4. The City Clerk shell utilize the Certificate of Acceptance attached hereto as
Exhibit "A" and record the Certificate along with the instrument conveying the
offer of dedication or minor property acquisition with the County Recorder. As
shown on the Certificate, each City Clerk acceptance shall be based upon the
written recommendation of the City Engineer.
5. Prior to accepting any offer of dedication, right of entry or minor property
acquisition, the City Clerk will obtain verification from the applicable Department
Director that the requirements of the California Environmental Quality Act
(CEQA) have been satisfied.
6. Prior to accepting any offer of dedication, right of entry or minor property
acquisition, the City Attorney shall ensure the document or instrument is in a
legally acceptable format.
7. The City Clerk shall not separate or divide real property interests into several,
separate interests in order to achieve a delegable right of entry, offer of
dedication or minor property acquisition hereunder.
APPROVED AND ADOPTED THIS 13t day of July, 1999 at a regular meeting of
the Brentwood City Council by the following vote, to wit:
AYES: Councilmembers McPoland, Mayor Kidd, and
Councilmembers Petrovich and Young.
NOES: None
ASSENT: Vice Mayor Comes
ABSTENTION: None.
intin L. lk dd, lvla or
ATTEST:
3,I{arcr•I7isa,CityClerk of the City of Brentwood,da hereby certify
wren Iaz, City Clerk
this is a true and correct copy of Resolution No. 99-170 of the City
Council of the City of Brentwood,California,adoptc�on the 23"day
of July 2999.
a
Dated: August 20,2999
IGaYe Riaz,CHIC
City Clerk
USrver accntng\cada--i-x,,, diaz\WPFILES\CC\99-I70.doe
..............
................................................................
_..
Exhibit "A
CERTIFICATE OF ACCEPTANCE
F
AN INTEREST IN REAL, PROPERTY
BY
THE CITY OF BRENTWOOD
(Government Code Section 27281)
This is to certify,that the [offer of dedication 2r minor property acquisition] is an interest
in real property conveyed by the instrument from Contra Costa County Flood Control and Water
Conservation District, a political subdivision of the State of California to the City of Brentwood,
a general lav city in the State of California, and is hereby accepted by the undersigned City
Clerk on the City Council's behalf pursuant to the authority of the City Clerk to accept offers sof
dedication conferred by City Council Resolution No. 99-1741 adopted on July 13, 1999. The City
further consents to its recordation.
ACCEPTED:
Date K en Diaz,Ci olerk
Recommended for Acceptance:
Iia ohm Stevenson., City Engineer
r