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HomeMy WebLinkAboutMINUTES - 02012005 - 2005 RES 68 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 1, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER,, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2005/ 68 Deerings Water Code,Uncodified Acts Act 1656 § 31 Wests Water Code,Appendix 64-31 Government Code § 25526.5 SUBJECT7 ADOPT Resolution No. 20051 68 approving and authorizing the conveyance of a Grant of Easement to the City of Brentwood in exchange for a Grant of Easement to Contra Costa County Flood Control and Water Conservation District for the Deer Creek Channel. [CDD-CPX01-46] Project No. 7505-6F8312 Brentwood Area. District III. 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 recorded on June 9, 1967,in Book 5386 at page 166,in the Brentwood area. The City of Brentwood has requested an easement over a portion of said property,described in Exhibit"A-2" attached hereto,in exchange for a portion of parcel A,owned by the City of Brentwood as described in Exhibit"A-1"for a flood control storm drain easement to the Deer Creek Channel. 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 Board of Supervisors previously approved CEQA for this activity on April 6,2004. This Board hereby APPROVES the exchange a grant of easement to the City of Brentwood over a portion of said property described in Exhibit "A-2" for a grant of easement to the District over a portion of said property described in Exhibit "A-1" attached hereto, pursuant to Government Code Section 25526.5,and the Chair,Board of Supervisors,is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District. The Grant of Easement from the City of Brentwood dated December 17, 2004, for the land described in Exhibit "A-l" is hereby ACCEPTED and the District's Real Property Division is DIRECTED to have said deed recorded in the Office of the County Recorder. The Real Property Division is DIRECTED to cause said deed to be delivered to the grantee. Csp:eh I hereby certify that this is a true and correct :G:\GpData\RealProp\2005-Piles\BOs&Reso\BR27A Deer Creek Brentwood.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: C.Piga-Sandoval(313-2012) cc: Public Works Accounting date shown. Public Works Records PW Engineering Services,T.'Torres(via R/P) ATTESTED: FEBRUARY 01, 2005 Grantee(via R/P) Recorder(via RIP) JOHN SWEETEN,Clerk of the Board of Board Orders Clerk specialist,Adm. Supervisors and County Administrator By '..rt.,a� > Deputy RESOLUTION NO. 2005/ 68 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, California FROM: MAU-RICE SHIU, CHIEF ENGINEER DATE: February 1,2005 SUBJECT: ADOPT resolution approving and authorizing the conveyance of a Grant of Easement to the City of Brentwood in exchange for a Grant of Easement to Contra Costa County Flood Control and Water Conservation District for the Deer Creek Channel. [CDD-CP#01-46]. Brentwood Area. District III. Project No. 7505-6178312 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. ADOPT Resolution approving the conveyance of an easement to the City of Brentwood (City) in exchange for a Grant of Easement to Contra Costa County Flood Control and Water Conservation District(District)in connection with the Deer Creek Channel. B. APPROVE and AUTHORIZE the exchange of said easement to the City for a Grant of Easement to the District,pursuant to Government Code § 25526.5. C. AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of Easement on behalf of the District. D. ACCEPT the Grant of Easement dated December 17, 2004 from the City of Brentwood and DIRECT the Real Property Division to have said easement recorded in the Office of the County Recorder. Ib Fiscal Impact: None. Continued on Attachment: SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES) ACTION OF AGENCY ON APPROVED AS RECOMMENDED XX OTHER VOTE OF COMMISSIONERS xX_ UNANIMOUS(ABSENT NONE ) 1 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 date shown. G:\GrpData\RealProp\2005-Files\BOs&Reso\130 Deer Creek Esrnt Brentwood.doc Orig.Div: Public Works(RJP) ATTESTED: FEBRUARY 01., 2005 Contact: C.Pisa-Sandoval(313-2012) JOHN SWEETEN,Agency Secretary cc: County Administrator Real Property By F Deputy L.Dalziel,Board Orders Clerk Specialist,Adm. Subject: ADOPT resolution approving and authorizing the conveyance of a Grant of Easement to the City of Brentwood in exchange for a Grant of Easement to Contra Costa County Flood Control and Nater Conservation District for the Deer Creek Channel. Date: February 1,2005 Page: 2 III. Reasons for Recommendations and Background: These property rights are required for a storm drain easement exchange,in accordance with approved plans and specifications. The Hoard of Supervisors previously approved the CEQA for this activity on April 6,2004. IV. Consequences of 1' eative Action: The City will not be able to operate the culver box and the District will not have access across beer Creek Channel for storm drain purposes. Contra Costa County Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: C. Piga-Sandoval Subdivision 6811 Portion of Parcel A GRANT OF EASEMENT THIS INDENTURE, made by and between the CITY OF BRENTWOOD, A MUNICIPAL CORPORATION, of the State of California, 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 valuable consideration, 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, channels, 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-'I" and "B•'I"ATTACHED HERETO ANIS 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-1" 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 day of - , 2004. CITY OFw.EENTWOOD, a municipal corporation of the-Sta o Californi --> ate; e) 0,/7"?' r (Name) ABOVE SIGNATURES MUST BE NOTARIZED G:1GrpData\Rea!Prop12044-ciles104-51EA.03 Grant of Easement FCMission Peak.cioc 5121104 EXHIBIT '&A-100 PORTION OF PARCEL A AS SAID PARCEL IS SHOWN ON THE MAP OF SUBDIVISION 6811 "SOLANA" FILED MAY 11,1998 IN BOOK 399 OF MAP'S, AT PAGE 46,CONTRA COSTA COUNTY RECORDS, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERN CORNER OF SAID PARCEL A; THENCE FROM SAID POINT OF BEGINNING ALONG THE EASTERN LINE THEREOF SOUTHERLY ALONG A NON-TANGENT CURVE HAVING A RADIUS OF 40.234 METERS, CONCAVE TO THE EAST, A RADIAL LINE OF SAID CURVE THROUGH SAID CORNER BEARS NORTH 54'51'57-WEST, THROUGH A CENTRAL ANGLE OF 34030'08", AN ARC LENGTH OF 24.228 METERS; THENCE SOUTH 00037'55" WEST, 55.071 METERS; THENCE SOUTHERLY ALONG A CURVE HAVING A RADIUS OF 20.726 METERS, CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 53°45'41", AN ARC LENGTH OF 19.447 METERS TO THE WESTERN LINE of SAID PARCEL A; THENCE ALONG SAID LINE NORTH 00053'48" EAST, 2.339 METERS TO A POINT; THENCE LEAVING SAID LINE, AS FOLLOWS: NORTHERLY ALONG A NON-TANGENT CURVE HAVING A RADIUS OF 18.897 METERS, CONCAVE TO THE WEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 39049'46" EAST, THROUGH A CENTRAL ANGLE OF 49032'19", AN ARC LENGTH OF 16.339 METERS; NORTH 0003755" EAST, 55.071 METERS AND NORTHERLY ALONG A CURVE HAVING A RADIUS OF 42.063 METERS, CONCAVE TO THE EAST, THROUGH A CENTRAL ANGLE. OF 32047'57", AN ARC LENGTH OF 24.079 METERS TO THE NORTHERN LINE OF SAID PARCEL A; THENCE ALONG SAID LINE SOUTH 89112922" EAST, 2.200 METERS TO THE POINT OF BEGINNING. "EXHIBIT B-1"ATTACHED IS REFERENCED AND MADE A PART HEREOF. AND CONTAINING 178 SQUARE METERS, MORE OR LESS. .AND Z LS3272 EXP 6/30=04 AUL CANUMAY, LS 3272 `` EXPIRES 05/30/2004 DATE: _ .»eZ-47& THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. FAWP\LEGAL119791742645\EXHlRlT A-1.WPD November 9,2002 Page 1 of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of " ) l On–�� It before me, IT. i Da#e Name antl 7###e of OHicar{e.p.," Dao,Notary pubYc`) personally appeared Name(a)of Sionar(a) fersonaliy known to me 0 proved to me on the basis of satisfactory evidence J M.M.� to be the person�g whose name(j' �s + � subscribed to the within instrument and 7 Chu� acknowledged to me tha ii # "executed t#AyC OM COW CO 3,MO the same in f errfthvr authorized capacity4eat,' and that by signature(2bn the instrument the person( ,or the entity upon behalf of which the persoDke�- J acted, executed the instrument. j W ESS m hand and official Aal. V re i otery Public J OPTIONAL Though the information balow is not required by law,it may prove valuable to persons retying on the document and could proven, fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document bate: Number of Pages: Signer(s)Other Than Named Above: l i Capacity(les) Claimed by Signer Signer's Name: "T-pe,❑ Individual 0 Corporate Officer—I itie(s): © Partner---d Limited 0 General iD Attorney-in-,`act C Trustee 11 Guardian or Conservator 0 Other: Signer Is Representing: J 0 109 Nafiaru l Votary Aaaoa#a#ian-9350 Us Soto AVG.,F'O.lox.2402•Chatsworth,GA 9",818"2462*www.nat ona#notsry oro prod,tda.59177 Reorder:Gait`411-Free 500-676.6927 N89 922"W S8929'22'E- J2 14m ._.,. 2.200m N8929'22'_'W P.D.8 s`` 5 �33.108M (PE)� C�I 4Cz-j , E (J C) , c w L� n Lr) kr j k< Q3 1.829m 1 If kW R = 20.726m I 1 = 19.447m ,11 I 11 \`�jl EXHIBIT B- 1 CCCD STORM DRAIN EASE�l�ENT POR77ON OF PARCEL A, SUBDIVISION NO 6811 (399 M 46) CITY OF BRENTWOOD COUNTY OF CON7RA COSTA - STA 7Z- OF CALIFORNIA Prepared By Luk and Associates Civil Engineers -- Land Planners --- Land Surveyors 399 Taylor Boulevard, Sulte 288 Pleasant Hill, California 94523 PAUL GANUMAY NOVEMBER, 2002 SCALE: 1:504 (METRIC) y Na L 3272 ` Exp.6-3Q 04 OF CALti PAUL CANUMA LS J272, M. 061JOIN� SWT 20P2 7016-45�LEGALC9UNTY�LEC4LDK PLOVIE N06FWR 8, 2002 EXHIBIT "A-131 PORTION OF PARCEL A AS SAID PARCEL IS SHOWN ON THE MAP OF SUBDIVISION 6811 "SOLANA" FILED MAY 11,1998 IN BOOK 399 OF MAPS, AT PAGE 46,CONTRA COSTA COUNTY RECORDS, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERN CORNER OF SAID PARCEL A; THENCE FROM SAID POINT OF BEGINNING ALONG THE EASTERN LINE THEREOF SOUTHERLY ALONG A NON-TANGENT CURVE HAVING A RADIUS OF 40.234 METERS, CONCAVE TO THE EAST, A RADIAL LINE OF SAID CURVE THROUGH SAID CORNER BEARS NORTH 54051'57"WEST, THROUGH A CENTRAL ANGLE OF 34030'08", AN ARC LENGTH OF 24.228 METERS; THENCE SOUTH 0003755" WEST, 55.071 METERS; THENCE SOUTHERLY ALONG A CURVE HAVING A RADIUS OF 20.726 METERS, CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 53045'41", AN ARC LENGTH OF 19.447 METERS TO THE WESTERN LINE of SAID PARCEL A; THENCE ALONG SAID LINE NORTH 00053'48" EAST, 2.339 METERS TO A POINT; THENCE LEAVING SAID LINE, AS FOLLOWS: NORTHERLY ALONG A NON-TANGENT CURVE HAVING A RADIUS OF 18.897 METERS, CONCAVE TO THE WEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 3904946" EAST, THROUGH A CENTRAL ANGLE OF 49°3219", AN ARC LENGTH OF 16.339 METERS; NORTH 00037'55" EAST, 55.071 METERS AND NORTHERLY ALONG A CURVE HAVING A RADIUS OF 42.063 METERS, CONCAVE TO THE EAST, THROUGH A CENTRAL ANGLE OF 32°47157", AN ARC LENGTH OF 24.079 METERS TO THE NORTHERN LINE OF SAID PARCEL A; THENCE ALONG SAID LINE SOUTH 8902922" EAST, 2.200 METERS TO THE POINT OF BEGINNING. "EXHIBIT B-1"ATTACHED IS REFERENCED AND MADE A PART HEREOF, AND CONTAINING 178 SQUARE METERS, MORE OR LESS. LANo CA L53272 J EXP 81=2004 1 NOW 1 AUL CANUMAY, LS 3.272 fi� EXPIRES 06/3012004 Opp cp�� / DATE -eZ-G�d THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. F.\W1''1LEGAL\1979\701645\EX€lBIT A-1.WD November 9,2002 Page 1 of i N892922"W �tfyZJ"ZZ' 12 914m 2.200m » N8929'22 W j P.0B 33108m (REQ — CJ ir ' Qj It ICEY— C:)In <Ii j `In2( E rn c cc R r it it �1.000m L.M.E. IL 5.34541 t R 20.726m L = 19.447m 1 EXHIBIT B -- 1 CCC D STIORM DRAIN EASEMENT POR77ON OF PARCEL A, SUBDI WSION NO. 6811 (399 M 46) CITY OF BRENTWOOD COUNTY OF CONTRA COSTA - STA TE OF CALIFORNIA I Prepared By Luk and Associates Civil Engineers -- Land Planners -- Land Surveyors 399 Taylor Boulevard, Suite 288 LAND SO Pleasant Hill, California 94523 NO EMBER, 2002 SCALE- 1:500 (METRIC) PAUL CANUMAY � L 3272 � exa.6-30 �rF �F CAI�� PAUL CANUMA LS J27Z EXP. 061JO104 SYEE7 2 6f 2 D1S-45�L£CALCtJUNTY{1ECALDVG fLOITATE.)VOWURER 8,2062 RESOLUTION NO. 2004-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING ACTIONS: (1) ACCEPTING A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT OVER DEER CREEK CHANNEL FOR A PORTION OF REAL PROPERTY FOR THE WIDENING OF FAIRVIEW AVENUE, GENERALLY LOCATED NORTH OF SUMMERWOOD DRIVE, HEREBY ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY, AND AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE THE GRANT OF EASEMENT, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION; (2) AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A GRANT OF EASEMENT TO CONTRA COSTA COUNTY FLOOD CONTROL, HEREBY CONVEYING A PORTION OF REAL PROPERTY FOR MAINTENANCE AND ACCESS PURPOSES AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION. WHEREAS, on April 19, 1988, by Resolution No. 88-9, Planning Commission approved Tentative Subdivision Map No. 6811 proposed by Garrow and Cardinale Construction Company to subdivide an approximately 19.5-acre parcel of land located at the southeasterly corner of Fairview Avenue and Deer Creek Channel into 78 single family lots, with conditions to widen and improve Fairview Avenue and improve Deer Creek Channel; and WHEREAS, on January 27, 1998, by Resolution No. 98-18, City Council approved the Final Map of Subdivision No. 6811, Mission Peak Homes, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security and approving the Subdivision Improvement Agreement; and WHEREAS, on May 22, 2001, by Resolution No. 2295, City Council accepted the offers of dedication for all parcels and easements shown on the Final Map, accepting the public improvements for maintenance accepting the Subdivision Maintenance Bond, and releasing the Subdivision Performance and Payment Bonds for Subdivision No. 6811; and WHEREAS, real property generally located north of Summerwood Drive in the City of Brentwood, is needed for the widening and improvement of Fairview Avenue and real property is needed for flood control purposes; and WHEREAS, Grant of Easements between the City of Brentwood and Contra Costa County Flood Control have been developed and are necessary to transfer properties respectively. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Brentwood that a Resolution approving the following actions: (1) accepting a Grant of Easement from Contra Costa County Flood Control District over Deer Creek Channel for a portion of real property for the widening of Fairview Avenue, generally located north of Summerwood Drive, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the Grant of Easement, and such other documents as may be needed to complete the transaction; (2) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Grant of Easement to Contra 2004-272 2 of 2 Costa County Flood Control, hereby conveying a portion of real property for maintenance and access purposes and such other documents as may be needed to complete the transaction. BE IT FURTHER RESOLVED, that the City of Brentwood hereby accepts the real property described in the Grant of Easement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of December 2004 by the following vote: AYES: Beckstrand, Gutierrez, Petrovich, Swisher, Taylor NOES: None ABSENT: None ABSTAIN: None Brifisher Mayor ATTEST: v K CMC City CleWDirector of Administrative Services 1,Karen Diaz,City Clerk of the City of Brentwood,do hereby Cerify this is a true and correct copy of Resolution No 2004-272 of the City Council of the City of Brentwood,California,adopted on the 14tn day of December,2004. { Date: 12/27104 n A-,. az,CMC City Clerk Recorded at the request of: City of Brentwood After recording return to: City of Brentwood City Clerk l 708 Third street Brentwood, CA 94513 Subdivision 6811 FCD-Deer Creek Channel RANT OF EASEMENT 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 WATER CONSERVATION DISTRICT, a political subdivision of the State of California, (hereinafter"DISTRICT"), hereby grants to the CITY OF BRENTWOOD, a municipal corporation, State of California, (hereinafter"GRANTEE"), a nonexclusive right to a perpetual easement and roadway right of way containing 395 square meters for installing, constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using a box culvert and City Road purposes and incidents thereto across the Deer Creels Channel, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situated in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A-21w AND "B-Z" The foregoing grant is made subject to the following terms and conditions: 1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to this easement (hereinafter the "Property") is for flood control and drainage water conveyance facility purposes, including, but not limited to, the right to install, construct, reconstruct, remove, replace, repair, upgrade, maintain, and operate facilities which conveys water for such 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 DISTRICT's primary use of the Property. GRANTEE shall not fence said 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. 2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the Property and agrees never to assail or resist said title. 1 3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior to any construction, reconstruction, remodeling, excavation, installation or plantings within the easement area, submit specific plans and specifications to the DISTRICT for review and approval. Such approval,togetherwith any additional requirements to be in the form of a written permit issued by DISTRICT to GRANTEE. (b) Normal maintenance by GRANTEE of its facilities within the easement area, including inspection and cleaning of existing pipelines, shall not require prior notice to the DISTRICT. GRANTEE shall perform maintenance of its facilities so as to prevent damage to the site. 4. MODIFICATION RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES: DISTRICT reserves the right to require GRANTEE to modify its facilities,to relocate said facilities within the easement area or, at DISTRICT's sole discretion,to remove its facilities from the easement area at GRANTEE's sole expense. In the eventthat GRANTEE fails to commence the required work within thirty days after being directed to do so by DISTRICT, or such reasonable extension as DISTRICT may agree to in writing, or fails to complete the required work within a time specified by DISTRICT, DISTRICT may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. If GRANTEE's facilities are removed from the current easement area GRANTEE shall promptly quitclaim to DISTRICT its interest in the vacated easement area. 5. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Property, facilities, landscaping or other improvements, removed or damaged as a result of the use of the easement area by GRANTEE, or any other person or entity acting under GRANTEE's direction or control, shall, at DISTRICT's discretion and direction, be repaired or replaced by DISTRICT, with all reasonable costs and expenses to be paid by GRANTEE(including but not limited to engineering costs and legal costs of collecting any unpaid expenses) or shall be repaired or replaced by GRANTEE, at the sole cost and expense of GRANTEE, equivalent to or better than their existing condition. In the event that GRANTEE fails to commence the required work within thirty days after being directed to do so by DISTRICT, or such reasonable extension as DISTRICT may agree to in writing, or fails to complete the required work within a reasonable time thereafter, DISTRICT may perform or complete the work at the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. 5. DAMAGE TO GRANTEE'S FACILITIES: DISTRICT shall have no responsibility for the protection, maintenance, damage to, or removal of GRANTEE's facilities, appurtenances or improvements, caused by or resulting from DISTRICT's use of the Property or work or operation thereon. It shall be the sole responsibility of the GRANTEE to provide and maintain adequate protection and surface markings for its own facilities. Subject to the foregoing, if GRANTEE's properly marked, protected and maintained facilities are damaged by the sole, active negligence or willful misconduct of DISTRICT, DISTRICT shall repair the damage at its sole cost and 2 expense or, at the discretion of and upon written notice from DISTRICT, the damage shall be repaired by GRANTEE and the pre-approved reasonable cost of such repair shall be paid for by DISTRICT. Under no circumstance shall DISTRICT have any liability to GRANTEE or to any other person or entity,for consequential or special damages, or for any damages based on loss of use, revenue, profits or business opportunities arising from or in any way relating to, any damage or destruction of any portion of the GRANTEE's facilities. GRANTEE hereby acknowledges that its sole remedy for any damage to or destruction of any portion of GRANTEE's facilities, to the extent DISTRICT is otherwise so liable under this Grant of Easement, shall be to require DISTRICT to repair or replace the damaged or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion. T NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non- exclusive. This easement is subject and subordinate to all existing rights, rights of way, licenses, reservations, franchises and easements of record, or that would be evident from a physical inspection or accurate survey of the Property, in and to the Property. DISTRICT shall have the right to require GRANTEE to modify, remove or relocate its facility within the easement area or to a similar easement to be granted to GRANTEE by DISTRICT at no cost, in a timely manner at GRANTEE's sole cost as reasonably necessary to accommodate the DISTRICT's, or any other existing user's right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same manner as required by Section 4 of this easement, including the rights and remedies contained therein. GRANTEE agrees to take all precautions required to avoid damage to the facilities of the existing users. If GRANTEE damages the facilities or improvements of any existing user, GRANTEE shall repair or replace such facilities at GRANTEE's sole cost and expense. Nothing contained herein shall be construed to prevent DISTRICT from granting other easements, franchises, licenses or rights of way over said lands, provided however, that said subsequent uses do not unreasonably prevent or obstruct GRANTEE's easement rights hereunder. 8. INDEMNIFICATION,AS-IS CONDITION OF PROPERTY: (a) In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury to the public, to persons and to property arising out of or connected with GRANTEE's ,use of the Property. GRANTEE shall indemnify, defend, save, protect and hold harmless, DISTRICT, its officers, agents, employees and contractors from and against any and all threatened or actual loss, damage (including foreseeable and unforeseeable consequential damages),liability,claims, suits,demands,judgments, orders, costs, fines, penalties or expense of whatever character, including but not limited to those relating to inverse condemnation, and including attorneys' fees, (hereinafter collectively referred to as "Liabilities")to persons or property, direct or consequential, directly or indirectly contributed to or caused by the granting of this easement , GRANTEE's operations,acts or omissions pursuant to this easement,or the GRANTEE's use of the easement, save and except Liabilities arising through the sole negligence or sole willful misconduct of the DISTRICT, its officers or employees. GRANTEE acknowledges that Property subject to this easement is in a flood control area. GRANTEE agrees that GRANTEE shall never have, claim or assert any right or action against DISTRICT or the County of Contra Costa in the 3 event of damage to or disruption of GRANTEE's facilities caused or contributed to by flooding or water, and shall indemnify, defend, save, protect and hold DISTRICT harmless from all Liabilities resulting from such damage or disruption. b)GRANTEE further agrees to defend, indemnify, save, protect and hold harmless, DISTRICT from any and all actual or threatened claims, costs, actions or proceedings to attack, set aside, void, abrogate or annul this grant of easement or any act or approval of DISTRICT related thereto. c) GRANTEE accepts the easement area in an "as is" physical condition, with no warranty,guarantee, representation or liability, express or implied on the part of the DISTRICT as to any matter, including but not limited to the physical condition of the Property and/car the condition and/or possible uses of the land or any improvements thereon, the condition of the soil or the geology of the soil, the condition of the air, surface water or groundwater, the presence of known and unknown faults, the presence of any hazardous substance, materials, or other kinds of contamination or pollutants of any kind in the air, soil, groundwater or surface water,or the suitability of the Property for the construction and use of the improvements thereon. It shall be the sole responsibility of GRANTEE, at its sole cost and expense,to investigate and determine the suitability of the soil, water, geologic, environmental and seismic conditions of the Property for the intended use contemplated herein, and to determine and comply with all building, planning and zoning regulations relative to the Property and the uses to which it can be put. GRANTEE relies solely on GRANTEE's own judgment, experience and investigations as to the present and future condition of the Property or its suitability for GRANTEE's intended use and is not relying in any manner on any representation or warranty by DISTRICT. GRANTEE agrees that neither GRANTEE, its heirs, successors or assign shall ever claim have or assert any right or action against DISTRICT for any loss, damage or other matter arising out of or resulting from the presence of any hazardous substance or any other condition of the Property at the commencement of the easement or from the release of any hazardous substance in,on or around any part of the Property or in the soil, water, subsurface strata or ambient air by any person or entity other than the DISTRICT following the commencement of this easement. As used herein, "hazardous substance" means any substance, material or waste which is or may become designated, classified or regulated as being "toxic," "hazardous" or a "pollutant" under any federal, state or local law, regulation or ordinance. Nothing in this section is intended in any way to restrict the right of GRANTEE to seek contribution or indemnity from any person or entity other than DISTRICT whose activities are a cause of any discharge, leakage, spillage or emission of hazardous materials on or to the Property. d) To the extent permitted by law, GRANTEE shall indemnify,defend, save, protect and hold the DISTRICT harmless from and against any and all claims, demands, Liabilities, expenses (including without limitation attorneys fees and consultants fees), penalties, damages, consequential damages and losses, and costs(including but not limited to the costs of any required or necessary testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties and from and against the preparation of any cleanup, remediation, closure or other required pians whether such action is required or necessary prior to or following the termination of the easement), of any kind or nature, to the extent caused or 4 contributed to by GRANTEE's operation or performance under this easement, or GRANTEE's use, release or disposal of any hazardous substance, including all costs, claims, damages (including property and personal injury) caused by the uncovering, release or excavation of hazardous materials(including petroleum)as a result of GRANTEE's construction, reconstruction,maintenance, use, replacement, or removal of its facilities, to the extent that such activities increase the costs attributable to the cleanup or remediation of such hazardous materials. e) The obligations contained in this section shall survive the expiration or other termination of this easement. 9. NO WARRANTIES: 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 relying in any manner on any such representation or warranty by DISTRICT. 10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein continuously for a period of one year, or in the event GRANTEE abandons its facilities or fails to use the easement for the purpose for which it is granted,then all rights of GRANTEE in and to said lands shall thereupon cease and terminate and shall immediately revert to and vest in DISTRICT or its successors. Upon any such termination of GRANTEE's rights, GRANTEE shall,upon request by DISTRICT, and at GRANTEE's sole cost and expense, remove all of its facilities from the easement area and restore said Property to its original condition. Upon the failure of GRANTEE to do so, this 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. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred, apportioned or assigned without the prior written consent of DISTRICT. 12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of DISTRICT's adjacent lands lying outside of the aforesaid strip of land above described. 13. ENTIRE AGREEMENT: 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. CONSTRUCTION: This grant of easement shall not be construed as if it had been prepared by one of the parties, but rather as if both 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. 5 1 b. SUCCESSORS AND ASSIGNS: 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. IN WITNESS W1- -REOF, this Grant of Easement is signed and executed this ' day of_'M� '`�..�m �_..., 2004. CONTRA COSTA COUNTY FLOOD CITY OF BRENTWOOD CONTROL & WATER CONSERVATION DISTRICT Chair,goard of Stpervisors "City Manager Form Approved (07/99) Siivano B. Marchesi, County Counsel B �, , D uty` STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA) On 02/01/05 before me, EMELDA L. SHARD' Deputy Clerk of the Board of Supervisors,Contra Costa County, ersonally appeared SUP• GAYLE UILK&M , 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 persons), or the entity upon behalf of which the person(s)acted executed the instrument. By: _ /Depu y Cler :csp G:1GrpData\ReaiProp\2004-Fi#esl04-5tEA.17PA-Mwork2 Mission Peak.doc 5/21/04 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �J State of California J 1 ss. County of OnZ/7_hL._ before me, { X111 / +/• lI , . � r Dais Noma and?lUe of Officer)e.g.,"Jer—i Doe,Notary Pubis"3' personally appeared4 '' Name(s)of Signer(s) Iersonaliy known to me ❑ proved to me on the basis of satisfactory i evidence — to be the person(' whose name(, is YWM M.TOLAND subscribed to the within instrument and Commlulon#'1452693 acknowledged to me th' S*;*A�executed Notaty Pubic-Callomic the same in (gierMmh authorized l Como Loft CW* capacity4eet," and that by i*01y gtr mycklmm.&PIOWN0110,231signature{apron the instrument the person(s� or the entity upon behalf of which the pers=4ae r acted, executed the instrument. i NESS my hand andofficials 1. i sy na ^otary Public 1 ai 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. 1 Description of Attached Document Title or Type of Document: i Document Date: Number of Pages: i Signer(s)Other Than Named Above: Capacit'y(ies) Claimed by Signer Signer's Name: NAM 1 ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator Other: i Signer is Representing: c 0 1999 National Notary Association•9360 De sow Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.r.ationainatRN.org Prod.No.5907 Reorder.Cali Toil-Free 1-800.875.5827 EXHIBIT "X.211 PORTION OF THAT PARCEL OF LAND AS DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A POLITICAL SUBDIVISION, RECORDED JUNE 9, 1967 IN BOOK 5386, AT PAGE 166, CONTRA COSTA COUNTY RECORDS, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION CENTER LINES OF SUMMERWOOD DRIVE (FORMERLY DAINTY AVENUE) AND FAIRVIEW AVENUE; THENCE ALONG THE CENTER LINE OF FAIRVIEW AVENUE NORTH 00053'48" EAST, 27.672 METERS; THENCE LEAVING SAID LINE SOUTH 89006'12" EAST, 7.610 METERS TO A POINT ON THE SOUTHEASTERLY LINE OF SAID FLOOD CONTROL PARCEL (5386 O.R.166); SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED PARCEL; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG A LINE PARALLEL WITH AND 7.610 METERS AT RIGHT ANGLES TO SAID CENTER LINE OF FAIRVIEW AVENUE., NORTH 00°5348" EAST, 19.324 METERS TO A POINT ON THE NORTHWESTERLY LINE OF SAID FLOOD CONTROL PARCEL (5386 O.R.166); THENCE ALONG SAID LINE NORTHWESTERLY LINE ALONG A NON-TANGENT CURVE HAVING A RADIUS OF 20.726 METERS, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 2514'11" EAST, THROUGH A CENTRAL ANGLE. OF 34003'52", AN ARC LENGTH OF 12.322 METERS, THENCE LEAVING SAID LINE SOUTH 59018'03" EAST, 17.678 FEET TO A POINT ON THE SOUTHEASTERN LINE OF SAID FLOOD CONTROL PARCEL (5386 O.R.166); THENCE ALONG SAID LINE, AS FOLLOWS: SOUTHWESTERLY ALONG A NON-TANGENT CURVE HAVING A RADIUS OF 38.405 METERS, CONCAVE TO THE NORTHWEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 59018'03"EAST, THROUGH A CENTRAL ANGLE OF 22"54'09", AN ARC LENGTH OF 15.351 METERS; SOUTH 36°23'54" EAST, 0.610 METERS AND SOUTHWESTERLY ALONG A NON-TANGENT CURVE HAVING A RADIUS OF 39.014 METERS, CONCAVE TO THE NORTHWEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 36023'54" EAST, THROUGH A CENTRAL ANGLE OF 23045'46",AN ARC LENGTH OF 16.181 METERS TO THE POINT OF BEGINNING . "EXHIBIT B-2" ATTACHED IS REFERENCED AND MADE A PART HEREOF, AND CONTAINING 395 SQUARE METERS, MORE OR LESS. .ANL? S CAIV AUL CANUMAY,LS 3272 � L53272 px EXPIRES 06130/2004 � #r EXP stsat 004 DATE: - ✓'; cs'� 4 � - fi OF \x- THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION Ih CONFORMANCE WITH.THE PROFESSIONAL LAND SURVEYORS ACT. F:\VAP\LEGAL\1979\701645\F..7C Mrr A-2.WPD November 9,2002 Page i of i CURVE RADIUS LENGTH DEL TA C1 J9.014m 16167m 2X4546 0 J8.405m 15 J51m 22"54'09" C3 20.726m 12.322m 34'03'52" FAIRVIEW AVENUE P.0.C. CIL FAIRVIEW A VENUE C1 TY OF BRENTWOOD N00Y'3'48�E_ iv00'53'48"E SERIES 95-X185703 27 672m 3.200m Soo 51 19.324m A = 'A' 2278'00 ,...-- 0.610m PARCEL L = 15185m 1 oo-5,r -t C.C.C.1=.C. AND WC-D, 1 r ✓ 53$6 0R 166 ,L 0127446' # L ® 0 996m , p� `r4 = 18'40'56A= 8'40'56 A- 04'313 � �% L = 1 .522m t 2.829m I 82 81 80 EXHIBIT B - 2 0 STORM DRA/N EASEMEN T PORTION OF CCCFD & SCD PROPERTY (5386 OR 166) CITY Of BRENNOOD COUNTY OF CONTRA COSTA - STA TE OF CALIFORNIA Prepared By Luk and Associates Civil En gin e,ers — Land Partners -- Land Surveyors 399 76y4or Boulevard, Suite 288 �.ANp Pleasant Hill, California 94523 NCVEMDER, 2002 SCALE: 1.•500 ('MEN10) PAUL CANUMAY 0 No. L 3272 Exp.6-30-0 * '—`*`7 OF GA!-� #AUL CAJVU,i9AY LS 3272, EXP. 061) 104 ShEE7'2 Or 2 7016-45�06ALCOUAIMLEGALOWG PLOIDAM #06W EP, 2002 EXHIBIT "A-211 PORTION OF THAT PARCEL OF LAND AS DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A POLITICAL SUBDIVISION, RECORDED JUNE 9, 1967 IN BOOM 5386, AT PAGE 166, CONTRA COSTA COUNTY RECORDS, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION CENTER LINES OF SUMMERWOOD DRIVE (FORMERLY DAINTY AVENUE) AND FAIRVIEW AVENUE; THENCE ALONG THE CENTER LINE OF FAIRVIEW AVENUE NORTH 00°5348" EAST, 27.672 METERS„ THENCE LEAVING SAID LINE SOUTH 89006'12" EAST, 7.610 METERS TO A POINT ON THE SOUTHEASTERLY LINE OF SAID FLOOD CONTROL PARCEL (5386 O.R.166); SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED PARCEL; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG A LINE PARALLEL WITH AND 7.610 METERS AT RIGHT ANGLES TO SAID CENTER LINE OF FAIRVIEW AVENUE, NORTH 00°5348" EAST, 19.324 METERS TO A POINT ON THE NORTHWESTERLY LINE OF SAID FLOOD CONTROL PARCEL (5386 O.R.166); THENCE ALONG SAID LINE NORTHWESTERLY LINE ALONG A NON-TANGENT CURVE HAVING A RADIUS OF 20.726 METERS, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 25°14'11" EAST, THROUGH A CENTRAL ANGLE OF 34°03'52", AN ARC LENGTH OF 12.322 METERS, THENCE LEAVING SAID LINE SOUTH 59°18'03„ EAST, 17.678 FEET TO A POINT ON THE SOUTHEASTERN LINE OF SAID FLOOD CONTROL PARCEL (5385 O.R.166); THENCE ALONG SAID LINE, AS FOLLOWS: SOUTHWESTERLY ALONG A NON-TANGENT CURVE HAVING A RADIUS OF 38.405 METERS, CONCAVE TO THE NORTHWEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 59018'03"EAST, THROUGH A CENTRAL ANGLE OF 22054'09", AN ARC LENGTH OF 15.351 METERS; SOUTH 36023'54° EAST, 0.610 METERS AND SOUTHWESTERLY ALONG A NON-TANGENT CURVE HAVING A RADIUS OF 39.014 METERS, CONCAVE TO THE NORTHWEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 36023'54" EAST, THROUGH A CENTRAL ANGLE OF 23°45'46", AN ARC LENGTH OF 16.181 METERS TO THE POINT OF BEGINNING . "EXHIBIT B-2"ATTACHED IS REFERENCED AND MADE A PART HEREOF, AND CONTAINING 395 SQUARE METERS, MORE OR LESS. LAND GAtV .AUL CANUMAY,LS 3.272 LS3272 ° EXPIRES 05/30/2004 Exp 8/3012004 DATE• OF THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. F.\WP\LEGAL\1979\701645TEXMlT A-2.WPD November 9,2002 Page 1 of 1 OF VE RADIUS LENGTH DEL TA C1 39.014m 16181m 23'4546" 02 38.405m 15J51 22'54'09 n C3 20.726m 12J22 34'0352" FAIRVIEW AVENUE P.0 C C,IL FAIRVIEW A VENUE 00'53'48"E -..400:548`"E CITY CE BRENTWOOD SERIES 95--088703 2Z 672mif 3.200m l C:� P 0.8 19.324m L 227800' N36 PARCEL 'A' 0 610m � L 15.185m N0035 58,t ��` + js Q C2 •+r,fi � � r V�� `�� C.C.C.F.C. AND W.C.D. 5386 OR 188 ' = 0127"46' L 0 996711 i = 1840'56 `.�. _ "` T-- ZS .aLS x047313 L = 12.522m L � 2.829m � 82 1 80 EXHIBIT B - 2 =0 STORM DRAIN EASEMENT PDQ`1701V OF CDCFD & W0 PROPERTY (086 DR 166) CITY OF BREN7VOOD COUNTY DF CONTRA COSTA _. STA TE OF CALIFORNIA Prepared By Luk and Associates Civil En gin eers -- Land Planners -- Land Surveyors 399 Taylor Boulevard, Shite 288 ANS S41 Pleasant .Hill, California 94523 NO I✓EYBEFR, 2002 SCALE: 1.'500 (MEI-PIC) PAUL CANUMAY No. L 3272 � Exp. 6-30-04 -"- A06,mft 1� OF CAU4�- PAUL CANUMAY" LS 3',272, EXP. 06/.30104 s�F�r 2 Qx z 71116-�16L�G4Lc0UNTY4LEGA Lf?HNi PW7DAt ' iV01f ffP, 0 2002 RESOLUTION NO. 2004-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING ACTIONS: (1) ACCEPTING A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT OVER DEER CREEK CHANNEL FOR A PORTION OF REAL PROPERTY FOR THE WIDENING OF FAIRVIEW AVENUE, GENERALLY LOCATED NORTH OF SUMMERWOOD DRIVE, HEREBY ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY, AND AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE THE GRANT OF EASEMENT, AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION; (2) AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE A GRANT OF EASEMENT TO CONTRA COSTA COUNTY FLOOD CONTROL, HEREBY CONVEYING A PORTION OF REAL PROPERTY FOR MAINTENANCE AND ACCESS PURPOSES AND SUCH OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION. WHEREAS, on April 19, 1988, by Resolution No. 88-9, Planning Commission approved Tentative Subdivision Map No. 6811 proposed by Garrow and Cardinale Construction Company to subdivide an approximately 19.5-acre parcel of land located at the southeasterly corner of Fairview Avenue and Deer Creek Channel into 78 single family lots, with conditions to widen and improve Fairview Avenue and improve Deer Creek Channel; and WHEREAS, on January 27, 1998, by Resolution No. 98-18, City Council approved the Final Map of Subdivision No, 6811, Mission Peak Homes, accepting the offers of dedication shown thereon subject to acceptance of improvements, accepting the improvement security and approving the Subdivision Improvement Agreement; and WHEREAS, on May 22, 2001, by Resolution No. 2295, City Council accepted the offers of dedication for all parcels and easements shown on the Final Map, accepting the public improvements for maintenance accepting the Subdivision Maintenance Bond, and releasing the Subdivision Performance and Payment Bonds for Subdivision No. 6811; and WHEREAS, real property generally located north of Summerwood Drive in the City of Brentwood, is needed for the widening and improvement of Fairview Avenue and real property is needed for flood control purposes; and WHEREAS, Grant of Easements between the City of Brentwood and Contra Costa County Flood Control have been developed and are necessary to transfer properties respectively. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Brentwood that a Resolution approving the following actions: (1) accepting a Grant of Easement from Contra Costa County Flood Control District over Deer Creek Channel for a portion of real property for the widening of Fairview Avenue, generally located north of Summerwood Drive, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute the Grant of Easement, and such other documents as may be needed to complete the transaction; (2) authorizing the Mayor or City Manager and City Clerk or any of their designees to execute a Grant of Easement to Contra 2004-272 2 of 2 Costa County Flood Control, hereby conveying a portion of real property for maintenance and access purposes and such other documents as may be needed to complete the transaction. BE IT FURTHER RESOLVED, that the City of Brentwood hereby accepts the real property described in the Grant of Easement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of December 2004 by the following vote: AYES: Beckstrand, Gutierrez, Petrovich, Swisher, Taylor NOES: None ABSENT: None ABSTAIN: None o/ Bri fisher Mayor ATTEST: K CMC City Cl4k6irector of Administrative Services 1,Karen Diaz,City Clerk of the City of Brentwood,do hereby certify this is a true and correct copy of Resolution No 2004-272 of the City i Council of the City of Brentwood,California,adopted on the 14th day ; of December,2004. Date: 12/17/04 .. A' y t Kiren Diaz,CMC City Clerk