Loading...
HomeMy WebLinkAboutMINUTES - 02102004 - C12-C15 TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER DATE: February 10, 2004 SUBJECT: Authorize payment of$25,822 to State Route 4 Bypass Authority SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKt".,r70"UND AND JUSTMCATION L Recommended Action: AUTHORIZE the payment of$25,822 to the State Route 4 Bypass Authority(Project No.4660-6x4405-03) for installation of a 1.87 foot portion of stormdrain line A5 in Drainage Area 30C. II, FiscalIMRact: The payment compensates the State Route 4 Bypass Authority for installing the planned storm drain Line A5 in Drainage Area 30C as a part of their Segment 2 Project. Payment will be made from Drainage Area 30C Funds. .— Continued on Attachment: X SIGNATURE: MrZIMMENDATION OF COUNTY XMINTSTRATOR RECOMMENDATION OF BOARD COMMITTEE :APPROVE OTHER SIGNATURE�S):L"a��- - zi�rx�L ACTION OF BO N FEBRUARY 10, 2004 APPROVED AS RECOMMENDED X OTHER f VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action XX UNANIMOUS(ABSENT NONE } taken and entered on the minutes of the Board of Supervisors on AYES: NOES: the date shown. ABSENT: ABSTAIN: DHB:mk:ajd 0:\C"Data\F1dCt1\Administration\BoatdOrdcrs\2004 BO\2-10-04 DA 30C.doc �/� Orig.Div: Pubttc Works Flood Control ATTESTED: FEBRUARY 1.0� 2004 Contact: Bob Faraone,Flood Control(313-2271) «: CAO JOHN SWEETEN,Clerk of the Board of Supervisors and County Counsel PW Accounting County Administrator City of Brentwood Dale Dennis By ,Deputy SUBJECT: Authorize payment of$25,822 to State Route 4 Bypass Authority DATE: February 10, 2404 PAGE: 2 111. Reasons for Recommendations and Backeround: Line A5 crosses the State Route 4 Bypass approximately 500 feet south of Lone Tree Way. The District requested the Authority to install the portion of the storm drain under the new roadway in conjunction with the road construction project to avoid future disruption of traffic that would result from installation of the line at a later date. Construction of this portion of Line A5 also minimized the cost to the drainage area. The City of Brentwood will maintain the storm drain facility in accordance with their April 14, 1992,Maintenance Agreement with the Flood Control District. IV. Consequences of Negative Action: Failure to make the payment would result in the drainage area not meeting its financial obligation. STATE ROUTE 4 BYPASS AUTHORITY DATE: June 19, X1{32 T4: Dean Eckerson, Assistant Public Works Directoi Flood Control _._...____..-_.__-- FROM': Lowell Tunison, Project Manager SUBJECT: Zone 30C Reimbursement, FEa<�i Cwit,oi And Y4B<>r C :.t?r.r Gr?tlistrsei �1 Attached are the casts for the 54inch pipe installed and bulkheaded per the zone plan. Construction costs were $25, 821 installed under Contract Change Order No. 21 item 3. Shouldyou have any questions, just give me a call at 2382. LT Je G:1GrpUatalTransEngQO021SR4Bypass\Une7Zone30CMemo.doc Attachment STATE ROUTE 4 BYPASS (Segiiient 2, Phase 1) LUNE TREE WAY TO BALFOUR ROAD FORM HC-35 CONTRACT CHANGE ORDER NO. 21 SUPPL.: NO. 0 DRAINAGE REVISIONS -D.S. #2, #3, `V' € ITCH, SCR SHEET: 1 of 5 PROJECT No. 4660-6X4405-03 DATE: October 11,,2000 To: Teichert Construction Contractor You are hereby directed to make the herein described changes from the pians and specifications or do the following described work not Included In the plans and specifications on this contract. NOTE: This change order Is not effective until approved by the Engineer Description of work to be done,estimate of quantities,and prices to be paid. Segregate between additional work at contract price,agreed price and force account. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for Idle time. Change Requested by: f X]Engineer j ]Contractor The last percentage shown is the net accumulated increase or decrease from the original quantity in the Engineer's Estimate ::;::.::: yf�� .My }y—fie{ ........ :::.:•:::::::::::::::•::::.::::: a. Adjustment of Compensation at Contract Prices: In accordance with Field Directive No.00018,delete the double 450mm APC pipes:running from D.S.No. t 1 'e"to D.S.No. 11 'f',and replace them with a single section of 600mm APC pipe. Estimate of decreases/Increases in contract items at contract prices: Item#67 - 450mm Alt.Pipe <12m>(-1.64%) @ $140.00/m - <$1,680.00>(+6.58%) Item#68 - 600mm Aft. Pipe +6m (+2.50%) c@ir $120.00/m - +$720.00 (+2.50%) Estimated Decrease = <$960.00> Subtotal 1 <$960.00> a. Adjustment of Compensation at Contract Prices: In accordance with F. D. No.00030(attached)extend D.S. 3'b'- from 0286 5.00m RT to 7.00m RT. Estimate of increase in contract item at contract price: Item#70 - 900mm Alt.Pipe +4m (+7.84%) a@ $210.00/m = + $840.00 (+7.84%) Estimated Increase $840.00 b. In accordance with F.D.#00030(attached)modify the headwall 3'a',and endwall 3'c,per the revised'L'and'H'dimensions and notes on the sketch from Terrance Lowell&Associates, Inc. Contractor and Engineer agree that there will be no increase or decrease In the contract price for this change. Gct t 't t�G hor' Cott l I/�►�tlan ' FORM HC CONTRACCI CHS: E GIRDER NO, 21 SUPPL..: NO. 0 DRAINAGE REVISIONS -D.S. #2,#3, 'V' DITCH, SCR SHEET: 2 of 5 PROJECT No.4660-6X4405-03 DATE: October 11,',2000 2. c. Adjustment of Compensation at Agreed Price: In accordance with discussions with the Engineer,provide,complete in place,the reinforced concrete slab shown on shts. 1 -3 of 3,attached,for D. S.#3. The contractor agrees to accept the Lump Sum payment of$2,625.00 as full compensation for this change. Estimated Increase $2,625.00 Subtotal 2 $3,465.00 (F !}�. ��Mir; {yid). �/{f '•:: a. Adjustment of Compensation at Contract Price: In accordance with F. D No 00031 delete D S 2 as shown p :pr%ginal Plan Sht.D-2,and { �{ - _ _ replace it with D.S.2R, ply '82'60+27 per Plan Sheets b-1 and d-14,Rev.#01. Estimate of decrease in contract item at contract price: Item#74 - 1054mm RCP <69m>(-100%) @ $270.00/m = <$18,630.00> (-100%) b. Adjustment of Compensation at Agreed Price: ;..;y:YiJ:: •i'i:::::i:?:,: ::;::;r•;L?i:•ii<i::•:is�:�;:ii::i::: Item#74R - 1374mm RCP +57m(+100%) c@ $453.00/m Estimated Increase $7,191.00 Subtotal 3 $7191.00 .375W 7 �'ti fie, r:i°id`:`?;?i?'?-;"!; hll _:•i. .: ... 5riiii G;iyi`iySi,:iii ..:,Eli In accordance with F. D.No.00049,dated 6/27/00,make the following changes as regards the'V'-ditch from CNB6 90+38 to 94+38 RT. a.) Delete the Concrete V-ditch in it's entirety,and eliminate Pay Item#82- Minor Concrete (V- Ditch). Delete the work under RSP Detail A/13-10 on Plan sheets b-9 and D-10 and reduce Pay Item#78-Rock Slope Protection-Facing, Method'B' by 8.30 tonnes. b.) Fill in the old ECCID canal configuration from approx.Sta 91+40 to 93+60 in accordance with embankment specs,and construct Typical Earth V-Ditch per attached plan(SIC V-1), and as directed by the Engineer. Earth V-Ditch is to be aligned roughly per plan,with a high point at approximately Sta.93+00 and a minimum slope to drain as directed by the Engineer. Fill-in/embankment in this area is part of Roadway Excavation and will not be paid for separately.Cutting/shaping of V-Ditch is Extra Work and will be paid for at Force Account. JIM ` •Fp ' t 1 FIELD DIRECTIVE NO. 00031 Harms & Associates M Phone: 925-513-6965 ry5-5{3-6965 2230 San Jose Ave Fax: 925-513-6966 Brentwood,CA 94513 E-Mail: sr4bp@harris-assoc.com State Route 4 Bypass Authorit, State Rte 4 Bypass Segment 2 Phase 1 Project TO: Teichert Construction 265'Val Dervin Parkway P.O.Box 1118 Date: April 12,2000 Stockton,CA 95201 ATTN: Don Wagner Subject: Revision to D.S. #1 & 2 Reference: FD 00031 FROM:HARRIS TO:TEICHERT DIRECTIVE: Drain System#1 and 1A as shown on Pian Sht, D-1 are to be deleted in their entirety. Crain System#2 as shown on Plan Sht. D-2 is to be deleted in it's entirety, and the new D.S. #2R is to be furnished and installed complete in place per the attached plan at Sta. 60+26.8. As there presently is no pay item for 1370 mm pipe, and all the quantity is being deleted under Pay Item#74 - `0 mm RCP, please provide a cost proposal for a new item of work as follows: Pay item#74 R- 1370 mm RCP ---- 57 M a@ _$ CM___-= +$ _-___ Please provide submittals and certifications for this new size RCP in accordance with Standard procedures. The CM and Owner have determined that this work is 4i4dditkw to the Contract requirements. You are directed to proceed with the above work prior to the execution of a Contract Change Order,with the increase not to exceed 50.00 The above provides direction from the Owner. The Contractor is authorized and obligated to proceed with the work as detailed herein. It is the CM`s and Owner's determination that this work is not in addition to the contract requirements. If the Contractor disagrees with this determination,you must provide written notice to the CM prior to the commencement of this work. The CM and Owner have not determined that this work is in addition to the Contract requirements. You are directed to proceed with the work on a Time and Materials basis until such time as a determination is made. bate: r 00 Ted Hamilton File No.: 9910078 c._raai Page I of l issue File: SCGCP 'Q w � i • � � t�}t � y •ret • � �� � ,� �., chi � ! �:L @ .. MCC wi 40 UOVft ` of IL �f t- w �o • w — ems � � . � 42 — 71 J r ,� x• �C c p' o f w r �.� t ` f ttt.t ttCDsse � :„` r `'y' w"www �yY�++y � '•�+.�� - ai *w a .: THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on February 10, 2004, by the following vete: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIE'R AND; GLOVER NOES: NONE ABSENT: NONE RESOLUTION NO. 2004/ 69 Deerings Water cede, Uncodified Acts' ABSTAIN: NONE Act 1656 § 32 West's Water Code, Appendix 64-31 Government Code § 25528.5) SUBJECT: ADOPT Resolution No. 2004/ 69 approving the conveyance of a Flood Control and Water Conservation District's(District)interest in real property to Contra Costa County, in connection with the DA29G Basin Project. Project No. 7568-618750 PW 82-84 Antioch Area. District V. The Board of Supervisors of Contra Costa County as the Governing Body of the Contra`` Costa County Flood Control and Water Conservation District, RESOLVES THAT: The Board approved the Negative Declaration of Environmental Significance on June 7, 1983, in compliance with the California Environmental Quality Act (CEQA). The District acquired certain real property by Grant of Easement from Sportsmen Incorporated on October 6, 1994,and by Grant of Easement from Sportsmen Inc.,et al,on June 13, 1995, in the Antioch area, described in Exhibit "A" attached hereto, for the Drainage Area 29G Basin and Outfall Project. Said property is being transferred to Contra Costa County for flood control maintenance responsibility. This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to Contra Costa County, pursuant to Government Code Section 25526.5 and the Board Chair is hereby AUTHORIZED to execute an Assignment of Easement on behalf of the District. The Real Property Division is DIRECTED to cause said Assignment of Easement to be delivered to the grantee for acceptance and recording. LLO:eh I hereby certify that this is a true and correct G:\GrpData\RealPropl2004-Piles\BOS&RES1BR26A Sportsmen Ene.doc copy of an action taken and entered on the Orig.Dept.: Public works(R/P minutes of the Board of Supervisors on the Contact: L. Lucy ovens(313-2229} date shown. cc: Public Works Accounting Public works Records Grantee(via R/P) ATTESTED: FEBRUARY 10, 2044 Recorder(via R/ ) JOHN SWEETEN,Clerk of the Board of Community Development Dept. Supervisors and County Administrator Board Orders Clerk Specialist,Adm. By _� Deputy RESOLUTION NO. 2004/ 69 , ILI TO: BOARD OF SUPERVISORS 10, /7r FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: February 10, 2004 SUBJECT: Drainage Area 29G Basin Project, Antioch Area. District V. Project No.: 7568-6D8750 Task: ACQ Account No: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: ACCEPT Assignment of Easement dated February 10, 2004 from Contra Costa County Flood Control and Water Conservation District and DIRECT the Real Property Division to have said assignment recorded in the Office of the County Recorder. 11. Financial Impact: None. 111. Reasons for Recommendations and Background: Contra Costa County Flood Control and Water Conservation District is transferring the flood control maintenance responsibility for the Drainage Area 29G Basin site to Contra Costa County. IV. Consequences of Negative Action: Title for flood control maintenance responsibility will not lie with the correct public entity. Continued on Attachmeft SIGNATURE: &�l At(:� -RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER SIGNATURE(S): sr ACTION OF BO ON APPROVED AS RECOMMENDED xx OTHER t qg, � VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE ) AYES: NOES: ! hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. RDB:eh G:\GrpDatalRealProp\2004-Files\BOS&RES\BOA DA29G Bashdoc ATTESTED: FEBRUARY 10, 2004 JOHN SWEETEN, Clerk of the Board of G:\GrpData\RealProp\FORMS\BO.A.doc Supervisors and County Administrator Orig.Div: Public Works(R/P) Contact: Ron Babst(313-2226) cc: County Administrator By— - Deputy Auditor-Controller(via R/P) P.W.Accounting Recorder(via R/P) Board Orders Clerk Specialist,Adm. .......... Recording Requested By: Contra Costa County When Recorded Return to: Contra Costa County Public Works Dept. 255 Glacier Drive Martinez, CA 94553 Attention: L. Lucy Owens 9P-ZE ABOVE THIS LINE FOR RECORDERS ME Portion of Assessor's Parcel No. 051-040-019 ASSIGNMENT OF EASEMENT For value received, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, ("Assignor"), hereby assigns, transfers and conveys to CONTRA COSTA COUNTY,a political subdivision of the State of California, all of Assignor's rights,title, interests and obligations under that certain easement recorded June 13, 1995,at the Contra Costa County Recorder's Office (Series 95 092668) from SPORTSMEN INC., a Corporation, et al, to Contra Costa County. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA COUNTY Dated FEBRUARY 10, 2004 By Chair; Beard of Supervisors STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On FEB. 10, 2%&e me, EMELDA L. SHARP Deputy Clerk of the Board of Supervisors, Contra Costa County,personally appeared SUP- FEDERAL qlpVFR who is personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. By:_ Z&69411'� — (Seal) D6puty Clerk LLO: 04-ITEI-Sport2 ''I'll'-,......I......................................................................................................................................................... .................................................................................................... ... ..... . ......... FCD Transfers to CCCo EXHIBIT A PARCEL 1728: Ptn. APN 051-040-065 (DA 29G Line A Outfall—dwg. ED-14187)Permanent easement PARCEL 1728 recorded October 6, 1994 by Recorders Series#94-24963 1. G:\GrpData\Clerica3\EXHIBITS\2000\FCD Transfers to CCCo doc 2.doc 1/16/01 FCD Transfers to CCCo EXHIBIT A PARCEL 1729: Ptn. APN 051-040-019 (DA 29G Line A Outfall—dwg. ED-10187)Permanent easement PARCEL 1729 recorded June 13, 1995 by Recorders Series#95-092668. G:\GrpData\Clerical\EXHIBITS\2000\FCD Transfers to CCCo doe 2.doc 1/16/01 ''I'll-,.......................................................... ................................... TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Floo Control and Water Conservation District FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: February 10, 2004 SUBJECT: Delta Pointe Bernard Road Bridge & Basins. Oakley Area. District V. Project No.: 7549-6D8717 Task: ACQ Account: 3540 SPECIFIC REQUM(S)OR RECOMMENDA I IUN�b)K BAcRGROUND TRD JUSTIFICXTION 1. Recommended Action: A. ACCEPT the Grant Deed and Easement Deed dated January 26, 2004 from Blacksmith Homes, LLC, a California Limited Liability Company. B. DIRECT the Real Property Division to have the above referenced Grant Deed and Grant of Easement recorded in the office of the County Recorder. II. Financlal!_LMpact: None. Parcels offered by dedication by separate instrument. 111. Reasons for Recommendations and Backaroun : These property rights are required for the Drainage Area 52D Basin#1 and Marsh Creek Right of Way, in accordance with approved plans and specifications. These parcels are offered by dedication on Subdivision 7792 maps and can be accepted by grant deeds. The Board of Supervisors previously adopted the Negative Declaration when they approved Subdivision 7.792 tentative map. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction and maintenance in accordance with the approved plans and specifications. Continued on Attachment: SIGNATURE: -ICE—COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE : �PROVE —OTHER SIGNATURE S): ACTION OF BOA%1 N FEBRUARY 10, 20APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPEVVISORS I hereby certify that this is a true and correct xx UNANIMOUS (ABSENT NONE copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. DLB:eh ATTESTED: FEBRUARY 10, 2004 G:\GrpData\ReaiProp\2004Fik-s\BOS&RES1BO.12 Blacksmith Homes.doc JOHN SWEETEN,Clerk of the Board of Orig.Div:Public Works(RIP) Supervisors and County Administrator Contact: (Debra L.Baker 313-2224) cc: County Administrator By Deputy P.W.Accounting Recorder(via RIP) L.Dalziel,Board Orders Clerk Specialist,Adm. ..................................................................-................. ................................................... Recorded at the request of: Flood Control &Water Conservation District Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: D. L. Baker Parcels A& B subdivision 7797 Title Co. Order No. 615-7151 GRANT DEED For Value Received, receipt of which is hereby acknowledged, BLACKSMITH HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY GRANTS to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, the following described real property in the City of Oakley, in County of Contra Costa, State of California. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR Date BLACKSMITH HOMES,LLC,A CALIFORNIA LIABILITY COMPANY By: ST.THOMAS CONSTRUCTION, INC.,A CALIFORNIA CORPORATION G ME ER y: -- --- HOMXtl- Cl,PRESIDENT ATTACH APPROPRIATE ACKNOWLEDGMENT G:\GrpData\Rea]Prop\2004-Files\04-1\DE4I Bernard Road Bridge.doc 1/26/04 APRIL 2002 JOB NO. 200070-10 LEGAL.3 EXHIBIT "A" LEGAL DESCPIPTION DETENTION BASIN SUBDIVISION 7797 ALL THAT REAL PROPERTY SITUATE IN THE CITY OF OAKLE`(, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCELS A AND B AS SHOWN ON THE MAP ENTITLED,"SUBDIVISION 7797, DELTA POINTE, OAKLEY, CALIFORNIA" FILED FEBRUARY 11, 2002 IN BOOK 439 OF SUBDIVISION MAPS AT PAGE 10, CONTRA COSTA COUNTY RECORDS. CONTAINING 75,142 SQUARE FEET OF LAND MORE OR LESS. y4 "`� END OF DESCRIPTION PREPARED BY: M A I ASSO IAT' ,� m -� 6�. �°`'tA MAIGRACE CE HOULII-(AN...Yd1148ij1 L.S. 6951 EXPIRES: 09130/05 m �02untynd bistriat __ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of –'`1,�•.- y u�.. <;gnim.z c . On �__cxy.�before me, �.f4.L. i Nam and Us of Officer(e.g.,"Jane Coo,Notary Pubtic) personally appeared '`— Name(s)of Signer(s) rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose r~ameN is/ax, CI1RClEM64-- subscribed to the within instrument and Conmbdm 0139 187 acknowledged to me that he/sheAhey executed Nosmy AMC-c 1 the same in his/herkheit authorized Cankp Cada COW* capacity(.i�s)., and that by hislheiM"ir MV Comma Gx0a Fab 4.20071 signature(*on the instrument the person!(*), or the entity upon behalf of which the person(Sk acted, executed the instrument. WITNESS my hand and official seal. Signa urs of Notary Public OPTIONAL 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ip 11 Individual Top of thumb here ❑ Corporate Officer—Title(s): 11 Partner—©Limited ❑General ❑ Attorney-in-Fact ❑ Trustee D Guardian or Conservator C Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Cell Toll-Free 1-800.876.6827 Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Debra L. Baker 3' Easement shown on Subdivision 7797 GRANT OF EASEMENT THIS INDENTURE,made by and between BLACKSMITH HOMES, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY, hereinafter called the GRANTOR, and CONTRA COSTA COUNTY 'FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the Sate of California, hereinafter called the GRANTEE. WITNESSETH: That the GRANTOR, for value received, hereby grants to the GRANTEE a perpetual easement and right of way for the purposes of laying down, constructing, reconstructing,removing, replacing,repairing, maintaining, operating and using, as the GRANTEE may see fit, for flood control purposes and transmission of drainage water, a pipe or pipelines, culverts or ditches, and all necessary braces, connections, fastenings, fences or other protective barriers or facilities, and other appliances and fixtures for use in connection therewith or appurtenant thereto, in, under, along, and across that certain real property 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 by said GRANTEE, its officers, agents and employees, and by persons under contract with it and their employees whenever and wherever necessary for flood control purposes, to enter upon said land with personnel, vehicles and equipment,to remove all trees,vegetation``and structures thereon that interfere with the purpose for which the easement herein is granted. It is understood that GRANTEE is not responsible for repairing or replacing any of GRANTOR's improvements within the area described in Exhibit "A," herein. TO HAVE AND TO HOLD, all and singular, the rights above described unto; the GRANTEE and the GRANTEE'S successors and assigns forever. IN WITNESS WHEREOF, the GRANTOR has executed this indenture this 2& _ day of .3AW , 2004. C BLACKSMITH HOMES, LLC, A CALIFORNIA LIABILITY COMPANY By: ST. THOMAS CONSTRUCTION, INC. A CALIFORNIA CORPORATION M OMEMJ3�R THO 'LDACCI, PRESIDENT ABOVE SIGNATURES MUST BE NOTARIZED G:\GrpData\RealProp\2004-Files\04-1\EA03 Bernard Road 3'Grant of Easement FC.doc 1126004 3' easement granted to Contra Costa County;Flood Control & Water Conservation District EXHIBIT "A" All that real property in the City of Oakley, Contra Costa County, California described as follows: Being all of the "3' easement to CCCFCWCD" along the southwesterly line of lots 2 thru 22 inclusive as shown and delineated on "Subdivision 7797 Delta Pointe" filed February 11, 2902 in Book 439 of Maps at page 10. This read property description has been prepared by me or under; my direction, in conformance with the Professional Land Surveyors Act. Signature: r4.� O SUMP Licensed Land Surveyor c` 4 �zwEy�l� Contra Costa County Public Works *` Exp. 12.3144 No.5999 Date: �� _ 0,3v7 �F OF CaL��` RZ:mm G:\GrpData\Clerical\EXHIBITSQ003\3'easement.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of C` +nr�w o-- A 6- OnS c before me, �v G As N e and title of Officer(e.g.,"Jane Doe,Notary Public') personally appeare -�'Y�t-� 4-r -� �► --• Narne(s)of Signer(s) personally known to me C proved to me on the basis of satisfactory evidence CAROOMM.CIlAN to be the person{ whose name,.ism%% Comm 139t1IS1 subscribed to the within instrument and 1401ty PUMC Co�taNa acknowledged to me that he/sl�c tkie�+executed the same in his/her/thair authorized Contra Costs:County capacity(lec), and that by his/hw4"r My Comm.Expires Feb 4,2007 signatures on the instrument the person„or the entity upon behalf of which the person'(rt} acted, executed the instrument. WITNESS my hand and official seal. Sign ra of Notary Public J OPTIONAL 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 0141 M11 1111? 0 Individual Top of thumb here © Corporate Officer—Title(s): 0 Partner—O Limited Ci General Attorney-in-Fact 0 Trustee 0 Guardian or Conservator C1 Other: Signer Is Representing: 01999 National Notary Association-9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800.876.6827 _. _L.... .......... ............ ..._....... ........_