HomeMy WebLinkAboutMINUTES - 12142004 - C.25 Cs '3
TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and
Water Conservation District,California
FROM: MAURICE SHIU,CHIEF ENGINEER '
DATE: December 14, 2004
SUBJECT: ADOPT resolution approving the conveyance of an easement across Contra Costa County Flood
Control and Water Conservation District's property to the Ironhouse Sanitary District in connection
with Subdivision 7797,Bernard Road,Flood Control Permit 613-01.
Oakley area. District V.
Project No. 0651-6LO83A
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. ADOPT Resolution approving the conveyance of an easement to the Ironhouse Sanitary District in
connection with Subdivision 7797,Bernard Road.
B. APPROVE and AUTHORIZE the conveyance of said easement to the Ironhouse Sanitary District,
pursuant to Government Code § 25526.6.
C. AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of Easement on behalf of the
Contra Costa County Flood Control and Water Conservation District.
II. Fiscal Impact: None.
III. Reasons for Recommendations and Background:
These property rights are required for public use for sanitary sewer purposes, in accordance with approved
plans and specifications. The Board of Supervisors previously adopted the Negative Declaration when they
approved the tentative map for Subdivision 7797.
IV. Consequences of legative Action:
The District will not be in compliance wit the approved lans and ecifications.
Continued on Attachment: t- SIGNATURE:
,4A d-
, COMMENDA.TION OF COUNTY AD NI RATOR
RECOMMENDATION OF BOARD CO11 MIT EE
-APPROVE j OTHER
SIGNATURE(S)%--:" E _,
ACTION OF A CY ON DEC. O APPROVED AS RECOMMENDED OTHER
e
VOTE OF COM1Yt1SSIONERS
xx UNANIMOUS(ABSENT__ ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Redevelopment Agency on the
Csp:eh date shown.
G:\GrpData\RealProp\2004-Files\BOS&RES\BO Bernard Road Sewer Easement.doc
Dig.Div: Public Works ATTESTED: DFCEMRER 1 � 7
Contact: C.Piga-Sandovalval(313-2012) Agency SecreJOHN SWEETEN,A
cc: County Administrator g Y ry
Real Property
L.Dalziel,Board Orders Clerk Specialist,Adm. BY —,. ► - Deputy
THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
CALIFORNIA
Adopted this Resolution on December 14, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, bESAULNIEit AND GREE�i3EltG
NOES: NONE
ABSENT: SUPERVISOR FEDERAL GLOVER
ABSTAIN: NONE RESOLUTION NO.2004/ 673
Deerings Water Code,Uncodified Acts
Act 1656 § 32
West's Water Code, Appendix 64-31
Government Code § 25526.6
SUBJECT: ADOPT Resolution No. 2004/673 approving the conveyance of Flood Control and
Water Conservation District interest in real property to the Ironhouse Sanitary District in connection
with Subdivision 7797, Bernard Road, Flood Control Permit 613-01.
Project No. 0651-6L083A.
Oakley Area, District V
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 Water Conservation District(District)acquired certain
real property by deed and designated on the Map of Subdivision 7797 filed for record in the office of the
County Recorder of Contra Costa County in Book 439 of Maps at Page 10. The Ironhouse Sanitary
District has requested an easement over a portion of said property, described in Exhibit"A" and "B"
attached hereto, for a sewer easement. This Board FINDS that the conveyance of such easement is in
the public's interest and will not substantially conflict or interfere with the District's use of the property.
The Beard of Supervisors previously adopted the Negative Declaration when they approved the tentative
map for Subdivision 7797.
This Board hereby AP'P'ROVES and AUTHORIZES the conveyance of said interest to the
Ironhouse Sanitary District, pursuant to Government Code Section 25526.6, and the Chair, Board of
Supervisors; is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in
accordance with the maintenance of drainage facilities on file in the Public Works Department.
The Real Property Division is DIRECTED to cause said grant of easement to be delivered to the
grantee.
!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
Csp:eh date shown.
:G:\Grp Data\RealProp\26{14-Files\SOS&RES\BR27A Ironhouse Sanitary District.doc
Orifi,Deist.: Public Works(R/P) ATTESTED: DECEMBER l4 X2004
Contact: C.Pifia-Sandoval(313-2612
cc: Public Works Accounting JOHN SWEETEN,Clerk of the Board of
Public Works Records Supervisors and County Administrator
PW Engineering Services,T.Torres(via RIP)
Grantee(via RIP) By _ Deputy
Recorder(via R/P)
Board Orders Clerk Specialist,Adm.
RESOLUTION NO. 2004/ 673
OCTOBER 1, 2003
JOB NO. 200070-10
LEGAL.17 7p
EXHIBIT"A"
LEGAL DESCRIPTION
10'ACCESS&UTILITY EASEMENT
AND 10'ACCESS EASEMENT
PORTION OF PARCEL A, SUBDIVISION 7797(439 M 10)
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF OAKLEY,COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF PARCEL A AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THE
MAP OF SUBDIVISION 7797 FILED FOR.RECORD IN THE OFFICE OF THE COUNTY RECORDER.
OF CONTRA COSTA COUNTY IN BOOK.439 OF MAPS AT PAGE 10,DESCRIBED AS FOLLOWS:
PARCEL ONE:
AN EASEMENT FOR ACCESS AND UTILITY PURPOSES,DESCRIBED AS FOLLOWS:
A STRIP OF LAND THE UNIFORM WIDTH.OF TEN(10)FEET,DESCRIBED AS FOLLOWS:
THE WESTERN TEN (10)FEET OF THE EASTERN TWENTY (20)FEET OF SAID PARCEL A (439
M 10),MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT THE SOUTHEASTERN CORNER OF SAID PARCEL A AND
RUNNINGTHENCE WESTERLY ALONG THE SOUTHERN LINE THEREOFNORTH 89024'07"WEST
10.00 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM THE EASTERN LINE OF SAID PARCEL A AND THE TRUE POINT OF BEGINNING
OF THE HEREIN DESCRIBED PARCEL OF LAND;THENCE,FROM SAID POINT OF BEGINNING,
CONTINUING WESTERLY ALONG SAID SOUTHERN LINE OF PARCEL A NORTH 89024'07"WEST
10.00 FEET TO A POINT WESTERLY OF AND 20.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM SAID EASTERN LINE OF PARCEL A;THENCE,LEAVING SAID SOUTHERN LINE
NORTHERLY ALONG A LINE WESTERLY OF, PARALLEL TO, AND 20.00 FEET DISTANT
MEASURED AT RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A NORTH 00035'53„
EAST 102.88 FEET TO A POINT ON THE NORTHERN LINE OF SAID PARCEL A; THENCE,
EASTERLY ALONG SAID NORTHERNT LINE THE FOLLOWING TWO (2) COURSES: 1) SOUTH
74°54'14" EAST 2.47 FEET, AND 2) ALONG THE ARC OF A TANGENT 228.00 FOOT RADIUS
CURVE CONCAVE TO THE NORTH THROUGH A CENTRAL ANGLE OF 0105759" AN ARC
DISTANCE OF 7.82 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT
RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A; THENCE, LEAVING SAID
NORTHERN LINE SOUTHERLY ALONG ALINE WESTERLY OF,PARALLEL TO,AND 10.00 FEET
DISTANT MEASURED AT RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A SOUTH
00035'53" WEST 100.43 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,016 SQUARE
FEET OF LAND,MORE OR LESS.
PARCEL TWO:
AN EASEMENT FOR ACCESS PURPOSES, DESCRIBED AS FOLLOWS:
A STRIP OF LAND THE UNIFORM WIDTH OF TEN(10)FEET,DESCRIBED AS FOLLOWS:
THE EASTERN TEN (10) FEET OF SAID PARCEL A (439 M 10), MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERN CORNER OF SAID PARCEL A; THENCE, FROM SAID
POINT OF BEGINNING, WESTERLY ALONG THE SOUTHERN LINE THEREOF NORTH$91124'0711
WEST 10.00 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM THE EASTERN LINE OF SAID PARCEL A;THENCE,LEAVING SAID SOUTHERN
LINE NORTHERLY ALONG A LINE WESTERLY OF, PARALLEL TO, AND 10.00 FEET DISTANT
MEASURED AT RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A NORTH 00°35'53"
EAST 100.43 FEET TO A POINT ON THE NORTHERN LINE OF SAID PARCEL A; THENCE,
EASTERLY AND SOUTHERLY ALONG THE NORTHERN AND EASTERN LINES OF SAID PARCEL
A THE FOLLOWING TWO(2)COURSES: 1)EASTERLY ALONG THE ARC OF A NONTANGENT
228.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH,THE CENTER WHICH BEARS NORTH
13007'47"EAST,THROUGH A CENTRAL ANGLE OF 02033'45"AN ARC DISTANCE OF 10.20 FEET,
AND 2) SOUTH 00°35'53" WEST 98.44 FEET TO THE POINT OF BEGINNING AND CONTAINING
994 SQUARE FEET OF LAND,MORE OR LESS.
ALL AS SHOWN ON EXHIBIT`B"ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
%AND EJ4j�L
VACP14M E.unm
FOR MILANI&AiSSOCIATES
MICHAEL E. MILANI
NO 9311 L.S. 5311
EXPIRES: 12/31/05
a c .� °
F)HIBff 'B' PARCEL �66
MONO
*71,
' }
{� ll'�f11`�t�9' 1J-02 '45;
R=22900'L=7820 .x,:.;. r h?2213.1X7'L-10.2!1'
SUBL7 ' . 439 M 10
PARCEL A 64
PARCEL ' ``
�..�,'. PARCEL TWD
ARS4,016 AREA= 994 SFfj-
N897071W 10 N8924'07V 1000'
10.00' PLIC PAR. ONE k POB PAR. TWO
POB PAR ONE
SUBD 5946 5UBD 6819
307 M 49 308 M 1
PARCEL R
124 123
�t3 LANDS
E.
PAR. PARCEL. PARCEL P
POB POINT OF BEGINNING Na. 5311
POC POINT OF COMMS KSWENT EXP.12/31/05
SFI/ SOME FET MORE OR LESS "* PARCEL A
4P CALF ` 308 M 1
PLAT TO ACCOMPANY LEG& DESCRIPTION
10 ACCESS & O111Y" ABT
AND 10 pACOS XURT
PORTION OF PARCEL A, SUB111Y1SOV 7797 (439 U 10)
CITY OF OAICLEY - CONTRA COSTA COWY - WFORNM
Planners — Engineers -• Surveyors
vi
71 Part Chicago Hwy., Sulte 100
s tlsae ciatea40Concord CA 94520-1122 FOR MILANI &ASS TES
Phones (825) 674-8082MILANI
Fax. (925) 674-9278 LS 8Jt1, EXP. 121JI105
OCTOBER 1, 20104 SCALE: 11=4D' SHEr 1 OF 1
OW70-10ILaI8
RECORDING REQUESTED BY:
Placer Title Company
WHEN RECORDED,RETURN TO
Ironhouse Sanitary District
450 Walnut Meadows Drive
Oakley,California 94561
Assessor's Parcel No. 033-390-053(PORTION)
GRANT OF EASEMENT
By Contra Costa County Flood Control and Water Conservation District,a political subdivision of the
State of California, Grantor, to Ironhouse Sanitary District, a public entity within the State of
California,Grantee.
Grantor, for valuable consideration, grants to Grantee (1) a non-exclusive subsurface easement in
perpetuity to Parcel One for the construction, alteration, operation, maintenance, repair and
replacement of a sewer line or lines and appurtenances thereto,in such sizes and configuration as the
Grantee deems appropriate,(2)a non-exclusive surface easement in perpetuity to Parcel One for access
and for construction,alteration,operation,maintenance,repair and replacement of sub-surface sewer
lines and appurtenances, but not for the installation of any sewer line on the surface; and (3) a
nonexclusive easement for access only in perpetuity to Parcel Two and not for any other purposes.
Parcel One and Parcel Two are that certain real property situated in the City of Oakley, County of
Contra Costa, State of California described as follows:
See Exhibits"A"and"B"attached hereto made a part hereof.
If Grantee damages any and all improvement or property in the course of Grantee's use of Parcels One
or Two,Grantee shall repair or replace the same,restoring them to their previously existing condition
to the reasonable satisfaction of District,as the case may be. Grantee shall also indemnify,defend,save,
protect and hold harmless Grantor against any injury to persons or property arising out of Grantee's
use of the easement area.
This instrument shall bind and inure to the benefit of the successors and assigns of the parties hereto.
In witness whereof,Grantors have executed this deed on the date above written.
Contra Costa County Flood Control and Water
C77ati District
�`
h, L�__
by- is Authorized Officer
1
]R00_01.97.1$B
State of California f
County of `, + - tf j
On �before me, LlzwI�Iveg-, IVorz,&y
,personally appeared
(_'6)proved to me on the basis of satisfactory evidence
to be the person( whose name(*.is/we'subscribed to the within instrument and acknowledged to me that
he/shedha xecuted the same in his/hedtheir,-.authorized capacity4#4 and that by his/ho4gieir--
signature -on the instrument the person(s);-or the entity upon behalf of which the person(sa acted,
executed the instrument.
WITNESS my hand and,official seal. COMM. 1317
004
I F i NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY
(Seal) My Comm.Expires Sept.
ri,2ot>t7
Signj
ature of Notary Public
Resolution of Acceptance
Be It Resolved,by the Board of Directors of the Ironhouse Sanitary District("District"), that the
Ironhouse Sanitary District, acting by and through its Board of Directors,hereby: (1)accepts the interest in
real property described in the attached Grant of Easement dated November 9,2004 wherein the Ironhouse
Sanitary District is named as grantee; and(2)consents to the recordation of such Grant of Easement and
this Resolution of Acceptance.
President, Board of Directors
I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and
adopted by the Board of Directors of the Ironhouse Sanitary District at a meeting of such Board held on
200_,by the following rollcall vote:
AYES,Members:
NOES,Members:
ABSENT, Members:
2
IROO-01.97.18D
OCTOBER 1, 2003
JOB NO. 200070-10
LEGALA7
EXHIBIT "A"
LEGAL DESCRIPTION
10'ACCESS &UTILITY EASEMENT
AND 10'ACCESS EASEMENT
PORTION OF PARCEL A, SUBDIVISION 7797(439 M 10)
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF OAKLEY,COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF PARCEL A AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THE
MAP OF SUBDIVISION 7797 FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER
OF CONTRA COSTA COUNTY IN.BOOK 439 OF MAPS AT PAGE 10,DESCRIBED AS FOLLOWS:
PARCEL ONE:
AN EASEMENT FOR ACCESS AND UTILITY PURPOSES,DESCRIBED AS FOLLOWS:
A STRIP OF LAND THE UNIFORM WIDTH OF TEN(10)FEET,DESCRIBED AS FOLLOWS:
THE WESTERN TEN(10)FEET OF THE EASTERN TWENTY(20)FEET OF SAID PARCEL A(439
M 10), MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT THE SOUTHEASTERN CORNER OF SAID PARCEL A AND
RUNNING THENCE WESTERLY ALONG THE SOUTHERN LINE THEREOF NORTH 8924'07"WEST
10.00 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM THE EASTERN LINE OF SAID PARCEL A AND THE TRUE POINT OF BEGINNING
OF THE HEREIN DESCRIBED PARCEL OF LAND;THENCE,FROM SAID POINT OF BEGINNING,
CONTINUING WESTERLY ALONG SAID SOUTHERN LINE OF PARCEL A NORTH 89024'07"WEST
10.00 FEET TO A POINT WESTERLY OF AND 20.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM SAID EASTERN LINE OF PARCEL A;THENCE,LEAVING SAID SOUTHERN LINE
NORTHERLY ALONG A LINE WESTERLY OF, PARALLEL TO, AND 20.00 FEET DISTANT
MEASURED AT RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A NORTH 00035'53"
EAST 102.88 FEET TO A POINT ON THE NORTHERN LINE OF SAID PARCEL A; THENCE,
EASTERLY ALONG SAID NORTHERN LINE THE FOLLOWING TWO (2) COURSES: 1) SOUTH
7454'14" EAST 2.47 FEET, AND 2) ALONG THE ARC OF A TANGENT 228.00 FOOT RADIUS
CURVE CONCAVE TO THE NORTH THROUGH A CENTRAL ANGLE OF 01"5759" AN ARC
DISTANCE OF 7.82 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT
RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A; THENCE, LEAVING SAID
NORTHERN LINE SOUTHERLY ALONG A LINE WESTERLY OF,PARALLEL TO,AND 10.00 FEET
DISTANT MEASURED AT RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A SOUTH
00°35'53"WEST 100.43 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,016 SQUARE
FEET OF LAND,MORE OR LESS.
PARCEL TWO:
AN EASEMENT FOR ACCESS PURPOSES,DESCRIBED AS FOLLOWS:
A STRIP OF LAND THE UNIFORM WIDTH OF TEN(10)FEET,DESCRIBED AS FOLLOWS:
THE EASTERN TEN (10) FEET OF SAID PARCEL A (439 M 10), MORE PARTICULARLY
DESCRIED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERN CORNER OF SAID PARCEL A; THENCE, FROM SAID
PONT OF BEGINNING,WESTERLY ALONG THE SOUTHERN LINE THEREOF NORTH 89024'07"
WEST 10.00 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM THE EASTERN LINE OF SAID PARCEL A;THENCE,LEAVING SAID SOUTHERN
LINE NORTHERLY ALONG A LINE WESTERLY OF, PARALLEL TO, AND 10.00 FEET DISTANT
MEASURED AT RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A NORTH 00035'53"
EAST 100.43 FEET TO A POINT ON THE NORTHERN LINE OF SAID PARCEL A; THENCE,
EASTERLY AND SOUTHERLY ALONG THE NORTHERN AND EASTERN LINES OF SAID PARCEL
A THE FOLLOWING TWO(2)COURSES: 1)EASTERLY ALONG THE ARC OF A NONTANGENT
228.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH,THE CENTER WHICH BEARS NORTH
13007'47"EAST,THROUGH A CENTRAL ANGLE OF 02°33`45"AN ARC DISTANCE OF 10.20 FEET,
AND 2) SOUTH 00°35'53" WEST 98.44 FEET TO THE POINT OF BEGINNING AND CONTAINING
994 SQUARE FEET OF LAND,MORE OR LESS.
ALL AS SHOWN ON EXHIBIT"B"ATTACKED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
Die
FOR MILANI& SSOCIATES
MICHAEL E. MILANI
NO r-sii L.S. 5311
' `� EXPIRES: 12/31/05
B(HIS7' 'B" PARCEL B��,6,5
1(04C
,o
D=01'5759" D=OZJJ45'
R-22&00'1=7.82' j R 221.00'1-10.20'
SURD 77978 439 M 10
65
PARCEL A kw.....�A�s w 64
1. . . f �
PARCEL PARCEI TWO
09=1,016 SFt1- ;; OR= 994 5F•tj-
-- 10'
N89'24'07)r ;; . 10 N89'24'VAY10.00'
10.00' '• PX PAR. ONE& POB PA,? 7WO
POB PAR ONE
SUED 5946 .SURD 6819
307 M 49 308 M 1
PARCEL R
12'4 123
PAR. PARCEL PARCEL P
POB POINT OF BEGINNING No. 5311 .
POC POINT OF COA�1/ENCEtW EXP.12/31/05
SFf1- SOME 07 MORE OR LESS `f'�q PARCEL A
0f CAO308 M 1
FLAT TO ACCOMPANY LEGAL. DESCRIPTION
10 A= do U17M XEMW
AND 10 AXESS EASEMBff
PORTION OF PARCEL A SUB SION 7797 (439 N 10)
CITY OF OWLEY — CON0 COSTA COUNTY — MFORN14
Pic nners — Engineers — Surveyors
4071 Port Chicago Hwy., Suite 100
lssaeiates
Concord CA 94520-1122 FOR AlIL#NI ck 0
���.�-I Phone* (925) 674-9082 ,tIICI�Z E: MItANf
Fax. (925) 674-9279 LS,5,311, EXP. 12131105
OCTOBER I, 2004 SW-- I1 40' SHEET 1 of 1
X70-1D}1GL18