HomeMy WebLinkAboutMINUTES - 11152005 - HA1 7
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Rudy Tamayo, Acting Executive Director
DATE: November 15, 2005
SUBJECT: ADOPT RESOLUTION APPROVING THE CONVEYANCE OF AN EASEMENT FROM
THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO THE CITY OF
BRENTWOOD, IN CONNECTION WITH THE WIDENING OF WALNUT BLVD.
BRENTWOOD AREA. DISTRICT III
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
A. ADOPT Resolution No. 5068 approving the conveyance of an easement over a portion of
APN 012-142-017 located on Orchard Drive, from the Housing Authority of the County of
Contra Costa (Housing Authority) to the City of Brentwood in connection with the widening
of Walnut Blvd.
B. APPROVE the conveyance of said easement to the City of Brentwood, pursuant to Health
and Safety Code §34315 and AUTHORIZE the Acting Executive Director of the Housing
Authority to execute the Purchase Agreement and Grant of Easement.
C. DIRECT the Housing Authority to cause said Grant of Easement to be delivered to the
Grantee for recording in the Office of the County Recorder.
II. FINANCIAL IMPACT:
Revenue in the sum of$19,843.00 from the City of Brentwood will be applied to the Housing
Authority's Public Housing fund.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The City of Brentwood requires the Housing Authority's property in order to widen Walnut Blvd.,
from two to four lanes, reconstruct pavement, install gutters and curbs, modify traffic signals,
install bike lanes, and bus turnouts, handicap ramps and streetlights.
CONTINUED ON ATTACHMENT: X SIGNATU
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON�� '-l��0,5 APPROVED AS RECOMMENDED ✓ OT�ER
VOTE OF COMMISSIONERS
- / .� I HEREBY CERTIFY THAT THIS IS A
V UNANIMOUS (ABSENT�� `l��'I,�S ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED
JOHN SWEETEN,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY - ,DEPUTY
C:\Documents and Settings\rmoore\Local Settings\Temporary Internet Piles\OLKB4\BO-Grant of Easement Brentwood.doc
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt Resolution No. 5068, approving the
conveyance of an easement from the Housing Authority to the City of Brentwood, the City would
not be able to widen and improve this portion of Walnut Blvd.
CADocuments and Settings\nr►oore\Local Settings\Temporary Internet Files\OLKB4\B0-Grant of Easement Brentwood.docbo-ins
THE.BOARD.OF COMMISSIONERS
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 5068
RESOLUTION.APPROVING THE.CONVEYANCE OF EASEMENT TO THE CITY OF
BRENTWOOD, OVER A PORTION OF APN 012-142-017, LOCATED ON ORCHARD
DRIVE, IN CONNECTION WITH THE WIDENING OF WALNUT BLVD.
BRENTWOOD AREA.
DISTRICT III, PROJECT NO. 4500-6X3015
WHEREAS, the Housing Authority of the County of Contra Costa acquired certain real
property by deed recorded on March 3, 1942, Book 659 at page 273, in
Brentwood for the construction and development of a Low Rent Housing.
Project, and the City of Brentwood has requested an easement over that
portion of said properly, described in the Grant of Easement attached
hereto as Exhibit 1, for road purposes; and,
WHEREAS, the Board of Commissioners finds that the conveyance of such easement
is in the public interest and will not substantially conflict or interfere with the
Housing Authority's use of the property; and,
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing
Authority of the County of Contra Costa, pursuant to Health and Safety
Code section 34315, that the conveyance of an easement to.the City of
Brentwood, over the properly described in the Grant of Easement, attached
hereto as Exhibit 1, is hereby approved; and
BE IT FURTHER RESOLVED, that the Acting Executive Director of the Housing Authority
of the County of Contra Costa is authorized to execute the Purchase
Agreement and Grant of Easement to the City of Brentwood in
consideration for the payment received in full in the amount of$19,843.00;
and
BE IT FURTHER RESOLVED, that the Acting Executive Director of the Housing Authority
of the County of Contra Costa is directed to cause said Grant of Easement
to be delivered to the grantee.
PASSED AND ADOPTED ON November 15,, 2005 by the following vote
of the Commissioners.
AYES: GIOIA, UIIMfA, PEIPEIo, DRSA7IINTFR & QAVF,R
NOES: NW
ABSENT: nraru+ TFr�s
ABSTAIN: NM
HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN
ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF
COMMISSIONERS ON THE.DATE SHOWN..
ATTESTED: November 15, 2005
JOHN SWEETEN, CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
Recorded at the request of:
City of Brentwood
After recording return to:
City of Brentwood
708 Third Street
Brentwood, CA 94513
Attention: City Clerk
Portion of 012-142-017
North American Title Co. No. 54709-50900721
GRANT 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, the HOUSING
AUTHORITY OF THE COUNTY OF CONTRA COSTA, a Public Body, Corporate and
Politic, (hereinafter "AUTHORITY"), hereby grants to the CITY OF BRENTWOOD,
(hereinafter "GRANTEE"), the right of way and incidents thereto for a public roadway,
landscaping and public utilities upon, over, and across that described parcel of land
("Property") situated in the City of Brentwood, County of Contra Costa, State of California,
described as follows:
FOR DESCRIPTION SEE ATTACHED EXHIBITS "All & "C"
AND SHOWN ON EXHIBITS "Bly & "D"
The foregoing grant is made subject to the following terms and conditions:
1. AUTHORITY TITLE: GRANTEE hereby acknowledges AUTHORITY's title to the
Property and agrees never to assail or resist said title.
2. USE: The public roadway, landscaping and public utility easement granted herein
includes incidental rights of maintenance, repair and replacement of said roadway,
landscaping and public utilities and appurtenances together with the free right of
ingress over and across the remaining portion of the AUTHORITY's property,
insofar and agree as such right of ingress and egress is necessary to the proper
use of the rights granted herein subject to the obligation of the GRANTEE to repair
and restore the property to its pre-existing condition following such entry.
3. 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, AUTHORITY, 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
Page 1
CADocurnents and Settings\rrnoorelocai SettingsWernporary Internet Files\OLK64\Housing Authority Walnut 102505.doc
5/18/04
I B
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, director
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 AUTHORITY, its officers or
employees.
b}GRANTEE further agrees to defend,,indemnify, save, protect and hold harmless,
AUTHORITY 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 AUTHORITY 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
AUTHORITY as to any matter, including but not limited to the physical condition of
the Property and/or 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 AUTHORITY. GRANTEE agrees that neither
GRANTEE, its heirs, successors or assign shall ever claim have or assert any right
or action against AUTHORITY 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 AUTHORITY
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" ora "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 AUTHORITY whose activities are
Page 2
Aft"Mofte C%Aftwaft~Aft%-roft .%&.ft N.,ftaft J...dm
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 AUTHORITY 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 plans 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
contributed to by GRANTEE's operation or performance under this easement, or
GRANTEE's use, release or disposal of any hazardous substance, including a,,
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.
4. NO WARRANTIES: GRANTEE understands and acknowledges that AUTHORITY
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
AUTHORITY.
5. NO SECONDARY RIGHTS: Except as stated in Section 2, USE, Nothing herein
contained shall be deemed or construed to-grant access or other secondary rights
to any of AUTHORITY's property other than the Property.
6. ENTIRE AGREEMENT: This grant of easement contains the entire agreement
no
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.
7. 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
Page 3
*.WWft,4 C%^":W%.amok% ft'M 0.0% -ft'M Aft":8ftft*,ft%f,.ft aftm aftft 6"M am 0 1 aw&,ft wmft m&1"Mm aft I Len A I I s....A a 46 aw o4U,t A#a%I aft*4 4^^C^C&J m
ambiguities are to be resolved against the drafting party shall not apply to the
interpretation of this rant of easement.
Page 4
8. 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 WHEREOF, this Grant of Easement is signed and executed this
day of 1 20
HOUSING AUTHORITY OF THE
COUNTY OF CONTRA COSTA GRANTEE(S)
By By
Acting Executive Director Donna Landeros, City Manager
of the Housing Authority of the County
of Contra Costa
APPROVED AS TO FORM APPROVED AS TO FORM
by County Counsel
July, 1999
Damien Brower, City Attorney
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On before me,
Deputy Clerk of the Board of Supervisors,Contra Costa
County, personally appeared
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/heNtheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s)acted executed the instrument.
By:
Deputy Clerk
Page 5
Nairsing Aurhoriry of the County of Contra Costa
A.P.N. 012-142-017
Exhibit A
Parcel 1000-1.Easement
An easement, over, upon and across real property situate in the Crry of Brentwood. County o,Contra Costa,State
of Calefornic jor roadway purposes, described as follows:
Being o portion ofLot 129,as shown on the map oJSubdfvision Number 3,Brentwood Irrigated Forms.filed
September 11, 1917,in Book /6 of Maps at Page 374 in the office of rhe County Recorder of Contra Costa
County,described in the Grant Decd to Housing Authority of the County of Contra CoslQ, recorded March 3,
1941 in Book 659 at Page 273 of Official Records of Contra Costo County,more pQrticalarly described Qs
follows:
Frorn o Point of Beginning, being the southeast corner oJscid Lot 729;
Thencealong the easterly tine of the last said Lot 129;North 01°OI'31"East. 1!S.!6 feet to o point on the
southerly lige of that terrain pokel of land described in the document entitled. "Resolution Mb-.85-1,Accepting
Dedication olRighr-of-Way Offeredfor Dedication on Protect Cal I1-4. Los Nogales; recorded February 14,
1985 in Book 11186 at Page 830 of Official Records of Contra Costa Coanry,bung n tangent curve,.concave to
the southwest, having a radius oJ10.00 feel and o cental angle oj89°40'j8
Thence along the last sold southerly lone, northerly,no�ll�wester)y and westerly along the arc of the last said
curve 1 S GS lees:
Thence continuing along the last sold sou�he�ly line,North 88°38'OS" West 5.x.09 feet;
Thence leaving the lost said southerly line,South 81'4 7 VI of East 18.87 jeep to a langeni cwve, concave to the
southwest, having D tpdluS OJ14.00JEEI and 0 Central angle of 86°11 37
Thence tasnrly,soulhecsrerly and southerly along the are ojrhe lest said curve 36.11 Jeer:
Thence South 04°I5'26" West 97.02jet to a poinl on the southerly line uJsoid Lot 119,-
Thence along.the last saidsoutherly line,South 89037"28"Easr 19.1 S feet to the Point oJBeginning.
Con raining 2,176 squarefeet +I-or 0 OSO acres more or less.
Also together with:
Parcel 1000-2,Easement
An eosemenr,over,upon and across real property situate in the City of Brentwood, County ojContra Costa,State
of California for roadway purposes,described aslollows:
Being Q portion of Lot 129, as shown on rhe mop ojSubdivisioa Number 3, Brentwood Irrigated Farrrrs,filed
September 11, 1917. in Book 16 oJMnpt at Page 324 in the.office of[he County Recorder of Contra Costa
County,described in the Grant Deed to Housing Authority ojiRe County of Contra Costa,recorded March 3,
1942 in Book 639 at Page 273 of Offiero!Records of Contra Costa CouRry,more particularly described as
folio wr: .
Page 1 of 3.
Frorna Point of Begi►:iting, bung on the eesterly Linc of said Lot 129 or.d from which the sowheast corner of
sctd Lot 129 banrs along said eosterly hne, South 01002'32" Wes 1, 1:5.16 feet,.
Tl.ence along the'las!said easterly lir,e of said Lot 119, North Cil 002 032",fast, 15 194 fee::
Thence leaving the last said easterly line of Lot 129,South 04 r-Z1'45"West 144.05 feet to a tangent curve,
concave to the northwest,having a radius of 24.00feei and a central angle of 50*17*21
Thence southerly and southwesterly along the arc o the last said curve 21.Q1 eet to a point on the northerly line
y g 1 .�
of that certain parcel of land described in the document entitled, "Resclution No. 85-1.Accepting Dedication of
Way �!i
Right-of-Wa O erect or Dedicarion on Project Cal 11-4 Los No ales" recorded Februn 14 1983 ln',bookfg �
11186 at Page 830 of Oficial Records of Contra Costa County;
Thence along the last said southerly line.South 88°38'03"East 8.06 feet to a tangent curve, concave to the
northwesr, having a radius of 10.00 feet and a central angle of 89°24'37
Thence easterly,northeasterly and northerly,along the arc of the last said curve 15.61 feet to the Point of
Beg inn ing.
Con coin ing 788 square feel 4/-or 0 018 acres more or less.
Also together with
Pard!J OQO-3,Easement
An easement, over. upon and across real property situate in the City of Brentwood. County of Contra Costa,State
of California for roadway purposes, described ns follows•
Being a portion of Lot 129, as shown on the map of Subdivision 1Vumber 3, Brentwood Irrigated Forms,filet;
Septefttber 11, 1917,in Book 16 of Maps at Page 324 in the office of the County Recorder of Contro Costa
County, described in the Grant Deed to Housing Authority of the County of Contra Costa, recorded lurch 3,
1942 in Book 09 at Page 173 of Official Records of Contra Costa Counry, more particularly described as
folio ws;
From Point of Beginning, being on the easterly line of the said Lot 119 and from which the northeast corner of
the said Lot 119 bears alongraid easterly lite.North 01°02'32"Fast 15.00 feet;
Thence along the easterly line of the lost said Lot 129,Souah 01'02'32"West, 22.84 feet to a non-tangent curve,
ft
concove to the southwest, having a radial which bears South 88°5 7':8 of Fast,a radius of 24.00 feet and a central
angle of 71°3 7'11 •
Whence northerly,northwesterly and westerly along the arc of the lost said curve 30.00 feet to a point on the
southerly line of that certain parcel of land described in the document entitled, "Resolution No. 85-1, Accepting
Dedication-of Rrght-of-Way Ofreredfor Dedication on Project Cal 11-4,Los Nogales' recorded February 14,
1985 is Book 12186 at Page 830 of Official Records of Contra Costa County:
I Thence along the lost said southerly line,South 89°10'28 East, 16.43 feet to the Point of Beginning.
Containing 101 square feet +I-or 0.002 acres more or less.
End of Description
Page 2 of 5
A Plaf. Exhibit 'T"to accom-pany th;s descripon being pages 4 arra�of S, are herein matte a port of this
description
This description was made by me or un,der my direcfiorr, to conformance with rhe Land Surveyors,Act.
0
David L.Adams P.L S No 587 ,� Na. 7587 ;o
License expires: 12131105
F C
i
Page 3 of S-
i
See: Page 5 of 5
•
a.. 40 —210 4-0—
•.•_. +i
SCALE '1- 409afteb
,_
CS
w Z qK r,
tie
memp +�, �V o ► � _ � •. ....
• ..r •
V •' L
vo .0-ft V) Quo. CS 6
-4tvve. -� �.
� 1
V l.fr
1 ooh .M
:• �� Sw
mueem
1 f • • t ( '.• 1 •
.o w Q� i
�ze atCe
� 1 W-O
T r
/*
t
!ie J
Vol
3a 4
0RCHARD DRI VE •~
& 2X66 C k Pg. 630 c 6
�:c�e •
•--.... ..w goo, 53.09• 1 � � ��l:. �.�.....em.--am�._.
"Nam I
"Now 'm
611ft.,21210W .
• ...�;. .• -' ' :• �'-:�5 010, 25 Oo' -• � �•, .._.._.._._ ommft
•
I •'•• '
� � •' •••' ' j •.
�+
o
-,.,, •• •
Vkbemmo. • • A t
1 ( j • J• • A { 1•
••• o .� _ me ...�
Ll N
ams %moo.
.►• �a� p
N •
ti fesall:�%� -� � C�
•
In
IN CQ
of 4
�. f•
C _
• - •,�
am- Woo&
Ar
T B
C HAUDHA Y PLAT TO ACCOMPANY LECAL DESCRIPTION
' -�°► �,�-�r'Es, ��v for Housin Authorit
. ENGINEERS SURVEYORS WSPEVORS o f the Coun t of Contra Costa
SSi NAPA VALLEY CORP0RMTE•VVAY,SUITE G As P.N. 12-142-017
""P".ca"W°'�"'"9'Ss° Parcels 1000--1 .Lhru 1000—3
Tei 1707 j 255.2?29-FAX {707)255-5021 WWW CHAWHARY COM
Page 4 of 5 ONO
2002/3002016/LEGAtS/1000PLO2016W OWG .
1 - de , 1
. =elm f� •fff�fa . ► fffafa :•... ` r •• / v ..
.. . , . .. .. tie , S
40 20' 09 40 ~ 1 S
mc r I A RRL CD z CN
N I
SCALE 1 = 4 C Itqftmb
I
N/9'?5 71'F,R)
�' Q o. �„�
so-own d�
as
... . BSE. I?f&56 0 R Pa30,CC CR. ,...ft,. i h•:- -' a� •
ta
t
t V !N i V v -,q 4 •
lab
V
! 2 G4
•
� O I
a '
P51.Oa 4?5 00"
1 ,
3
, i i ' Y � ' 1 + mow.r ter. • r .r r
•` • •
1• 1 •
1
'':• • I • i •
vl V
.. •.� ,. f
ki
1 �1 �V 1 • i
8 1
Q •t
4t w CO I 1
kkj- w
CV.)
!
0) Zt
43
rn
Qz
IL
o 1 •
Seeld%• Pae 4 of 5• g �.
.. Evw"IBIT .... .�.
CHAUDHA Y P LAT TO ACCOMPANY LEGAL DESCRIPTION
. oc��►-rE;�, for HousingAuthoriLy
•. ENGINEERS SURVEYORS INSPECTORS of the Count. of ContraL Costa
`• 851 NAPA VALLEY CORPORATE WAY,SUITE GA.P.N. 12-142-017
NAPA.CALIF ORNI^l•Sse Parcels 1000-1 t h r u 1000-3
TO(1071253-2779 FAX 1t07)255.5021 www CHAUoHARY COM
• Page 5 of 5
2002/00020 f 6/LECALS/I a00P10:016W DWG
J
Holism:Q Authority of the Cozaiiint cf Contra a COSIn
A.P.jV. 012.142-017
Exhibit C
Parcel 1000-4, Temporary Construction Easenseirt
A:: easement, over, upon and across realproperty situate in the City of Brentwood, County of Contra Costa. State
of Colif9r•ntct for COl1sPUCt:on p:lrposes, described asfollows:
ria njon o Lot 129 os leown on the rna o Subdivision Number 3. Erentwood Irrigated Forn-is,filed
Bei g po f s p of
Subdivision
11, 1917, in Book 16 of Maps al Inge.114 in the ojjice of the County Recorder of Cuntru Cuslu
County, described in the Grant Deed to Noosing Authority of the County of Contra Costa, recorded March 3.
1942 in Book 659 at Page 27.E of Offrcil al records of Contra Costa Cour y, more particularly described as
fo 110 Ws,-
From a Point of Bevin,dno. being on the sourher•ly ltre of said Lot 129 and fi•orn which the southecst corner of
said Lo1129 bears alon the said so line South 89°37'28"East 19.1 Sfeelo,
g y
Thence along the last said southerly line. North 89°37'28"West 10.03 feet;
TIS ence leaving the last said southerly line. North 04°2S'26 Bust 9 7.7 7 feet to a tangent curve, concave to the
southwest, heving a radius of 14.00 feet and a central angle of 86°12'37
Thence northerly,northwesterl and westerly clot; lire arc o the lost said curve 21.07ffeer,. •
�. � y g f
Thence North 81°47'11"West 28.87feet,
The»ce North 08°12'49"Ernst 10 00 feet to a poha on the southerly line of that certain parcel of Icnd described in
the document entitled, "Resolution No 85-1.Accepting Dedication of Right-of-Wary Offered.,or Dedication on
Project Cal 11-4,Los Nogales", recorded February 14, 1985 in Book 12186 at Page 830 of Official Records of
Contra Costo County;
Whence leaving lite lost said southerly line.South 81°47'11"East 28.87 feet to a tangent curvejoncave to the
• southwest, having a radius of 24.00 feet and o central angle of 86°12'3 7
Tl:ence easterly,southeasterly grid sotrtl�er•ly along the arc of the last said curve 36.11 feet,.
f .
j Thence South 04°25'26"West 97.02 reel to a point on tine southerly line of said Lot 119 and the Poinr of
j Beginning.
i .
i
Containing 1,548 square feet• /-ol-0.036 acres snore or less. -
The terra of the herein described temporary conslruclion easement to terminate on:FeNwary 28,2007
Also together with
Parcel 1000-5• Temporary Tem ora Construction Easement
An easement,over,upon and Across real property situate,n the City of Brentwood, Coutir of Contra Coster, State
of California for construction puy poses, described ns follows:
Page 1 of 5.
8einog c portion of Lot 129, cis shown on the snap of SuLdivislon Nu inber 3,Bre,?nvood Irrigated Farms,filed
September 1 J, 19170 in Book 16 of Mops at Page 324 in the office of the County Aecorder of Coning Costo
County, described in the Grant Deed to Housing Authority of tl?e Cour, of Conira Coster, recorded March 3,
19,42 to Book 659 at Purge 273 of Official Records of Contra Costa County,nnore par-ticulorly described as
follows:
F rom o Poiltt of Beginning. being on the easterly line ol'saad Lot 129 and fi-om which the southenst corner of
sato Lot 119 bears along said ecsierly line, South 01°02'32"West, 327.10 feet,
Thence leaving the last said easterly line of Lot 129,South 04°22'45"Best 144.03 feel to a ranger:t curve,
concave:o the northwest, having it radius of 24 00feet and a central angle of S0°J 7 .21
Thence southerly and south westerly irlong the arc of the Inst said curve?1.07 feet to a port on the northerly line
of that certain parcel of lond detscr abed in tie document entitled. "�Resoltrtion No. 85-1.Accepting Dedjcnoon of
Right-of-Way QJIeredfor Dedication on Project Call 1.4, Los 111ogales': ,•ecorded Fehi•itary 14, 1985 in Book
12186 ct Page 830 of Official Records of Conn-a Costa COUnty;
Thence along the last said southerly line.North 88°38'05"West 19.74 feet,
Thence leaving the last said southerly line.North 42°12'21"Ernst 6 96 feet to a non-tangent curve,.concave to the
norlhvvesr, having a radial which bears South 04°49'06"West, a radius of 14.00 feet and a central angle-of
90026'21
Thence easterly,northeasterly acid northerly olcng the circ of the lost sold cultie 22.10 feet,
Thence North 04°22'45"East 143.76 feet,'
i
Thence North 01°02'32"Eon, 19.5 13 feet to a tangent cw-Ve, conco ve to the southwest, having a radars of 14.00
I feet an d a central a ngl e of 68°3 6'39
Thence northerly,northwesterly and westerly along the arc of the last said curve 16.77feet,
Thence North 00°49'32"East 9.73 feet to a point on the southerly line of 1.cClorren.toad as described in the
said document entitled, "Resolution No. 85-1,Accepting Dedication of Right-of WQy Offered for Dedication on
Project Cal l I-4,Los Nogales'; (Book 12186 at Page 830);
Thence along the last said southerly line.South 89°10.28''East 1.50 feet to a non-tangew curve, concave to the
southwest, having a radial which bears North 19°2521 of
East, a radius of 24.00,jeet and a central angle of
71'03 7'11
Thence leaving the last said southerly line(Book 12186 at Page 830),easterly,southeasterly and southerly along
the arc of the last said curve 80.00 feet to a point on the easterly line of said lot 129;
Thence along the last said easterly line, South 01°02'31"West 295.4.E feet to the Point of Beginning.
Containing 4,896 squarefeet +/-o1.0.112 ncres more or less.
The terra of lire herein described remporary construction easement to terminate on February 28.2007'
Eird of Description
Page 2 of 5.
I
A plat, Exhibit "B-to ncrompony this descr.rptlon being pages 4'and 5 of S, are I;erein mnde n pnrl o;th is
description.
This descripfion was)nade by rite car under my direction in conformaitce with the Land Surveyors Act.
--_..•
LA
Da l,fid L. Adams P.L.S. No. 7587 C-D
License expires 12131105
• °` No. 7587
�R-
QF C AILN(
• Page 3 of S.
ft'130e e: P a g e 5 o f 5E
�,•, .4
4 0 ,
•. �: ::.j._• ,��, � •: SCALL 1= �4a
ft,— Soon.
'�e
�E
�.
Q r !
p
Was
w to �. ,a Q Q ,• .,
1 I ••-•
6N Stu
I v � a% �,D �abao � ; : I ^�
IV) or
V I *.,.
06.01 A.
of Q�u go% %d
I }
Ch
Zoo. ti j z
• i +
''•' ' 1 !.
•• o
aqw
•' I 111 i. - _. _•....
Go
ORCHARD -DRIVE •. w � .� �, � ..
• I P 166 R. Al•630 C C C R
• •-._.......,.N 86'365'w 53 09'0��j"p .
o - I�
• J j•' 1
••R Lt
l
i wi;is
'•' 1 :' +
tn _414
IRK173
Qv ••. +• .r •• : , • r
rn
I _ (• w pe _O...._.
Ri 4r Qt '••' V '• !
N 010.
ZZ
v !' -••+ M
Ole 0
ca _44 000r.
Utz *wI
IWo-no .0 ': �/ v
• f
•.•.
.• n, LD
IN
or
03
ow
All
cci
' ',fi=t M.1tR•: �1 ' '''• ? •
w mooloommom �. err: .. •.r.� ,rte •... ..».
(;HAUDFiARY PLAT TQ ACCOMPANY LEGAL DESCRIPTION
• �m ^243!SC>cI^,ftr,E� I"Cc: for HousingAuthoriLy
Now
• ENGINEERSSURVEYORS WSPEGTORS of the County of Contra Costa
•.•
•;' moo
es 1 NAPA VALLEY CORPORAY E WAY,SUITE G A.P.N. 012-142-017
NAPA.CALIFORNIA O•Sse Parcels 1000-4 and 1000-5.
TO.(707)255.2129 FAX.(101)2SS•5021 WWW CHAVOHARY.COM
Page 4 of 5
M?!0007016/If CAL S/1 OOOTCE020 t bW DWG
1
•
•
oe
swam
boom-w- on smmftp soma
40 20' 0 40 JIMI _ %-Z`,.
~ ki w � �
ivi..CIARREN R 0-A D CQ U
.. rj , .
SCALE 1 = 40
N19'25' 1fMis
•. ,
06 0 R Pg.830,cc C.R ,:......,._ !• ao
• 4i
a Ifts
+ .
th
r �
IL
No
6.
U
�. va ••, 1.,, • -
cb
ry
I _ Q• �. •1
1 '• •' •' -
o
t
N iz
CAC
?�00' >?5 DIG' '
01
�• i i
r L(I
K.IS
mmub
r.
► 0 '.
8
� pPe � ,-6 V `off .144b
n 43
A ae on on
1) � t .
''• z3c
lei I
w i � 4 OZ � � � res �� ,• l! � � �
En
"K ts
w ,� v
Q_b k
tib i •,,r .._
� �
See: Page 4 of 5 -•
E&JIBIT
CHAUDHA Y PLAT To ACCOMPANY LEGAL DESCRIPTION
•� • ism,SCo�1A-r-ISIS, rfv<_ for- Housing Authority
ENGINEERS SURVE YORS INSPEC TORS of the County of Contra Cost a
• 851!MAPA VALLEY CORPORATE WAY.SUITE G A.P.N.' 012-142-017
NAPA.CALIFORNIA 945518 Parcels 1and 1000-5
Tel:(707)255.2'29 FAX.(707}259.5021 WWW CHAUDNARY,COM
. - Page 5 of 5
t
2002/0002016/LECALS/I OOOTCE0201 bw DWG
GRANTOR: HOUSING AUTHORITY OFTm COUNTY OF CONTRA COSTA APN: 012-142417
Project: Walnut Boulevard Widening
CITY OF BRENTWOOD
PURCHASE AGREEMENT
I. Grant of Easement
In consideration of the terms and conditions set forth in this Purchase Agreement (the "Agreement")
Housing Authority of the County of Contra Costa ("GRANTOR'S shall deposit in an escrow
designated by the City of Brentwood ("CITY'), a Grant of Easement suitable for recordation and
conveying from GRANTOR to CITY, an easement and a temporary construction casement, in a form
substantially in conformance with Exhibit "I", attached hereto and incorporated herein by this
reference.
2. Entire Agreement
The parties have hereinset forth the whole of their agreement. The performance of this Agreement
constitutes the entire consideration for the Grant of Easement from Grantor to City.
3.6 !CITY shall
A. Pay the sum of NINETEEN THOUSAND EIGHT HUNDRED FORTY THREE AND
NO/100 DOLLARS ($19,843) for the easement identified in Exhibit "A" and shown on
Exhibit"B", and the temporary construction easement identified in Exhibit"C"and shown
on Exhibit '"D"all attached to Exhibit "I"hereto and made a part hereof,to the following
title company: North American Title Company, for the account of the GRANTOR,
Escrow No. 54709m.50900721. (Exhibits ""X'% "B", 44C119 & "D" attached to said Exhibit
"1"above.)
B. Pay all escrow,recording and title 'insurance charges, if any, incurred in this transaction,
4. Temnorary Construction Easement
The Temporary Construction Easement (TCE) over, across and upon that certain real property as
identified in Exhibit "C" and shown on Exhibit "-D" ,attached to Exhibit "ll"hereto and identified as
Parcel 1000-04 & 10004A, shall be for the use and storage of tools, machinery, materials and
equipment by CITY.
5. Nat'fication
now
At least 48 hours advance written notice will be given to GRANTOR prior to the commencement of
the Walnut Boulevard Widening project.
Page I of 3 C,Documents and SettingsirmooreVocal SettingslTemporary Internet RlesIOLKNWousing Authority-Walnut
102505.docicp
GRANTOR: HousiN(;AuTHoRiTy OF Tm CouNTY OF CONTRA CosTA APN: 012-142-017
Project: Walnut Boulevard Widening
6. Esc_ r w Instruc�tion_s
GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this
Agreement on behalf of both parties.
7. As-4s Condition
The acquisition price of the property interests being acquired in this transaction reflects the fair
market value of the properties in an as-is condition,with no warranties
a
S. Binding on Successors and Assigas
This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and
assigns of the parties to this Agreement.
9,0 Dismissal of Eminent Domain Action
GRANTOR hereby agrees and consents to the dismissal of any action in eminent domain by the CITY
as to the subject property or any portion thereof and GRANTOR also waives all claims to court costs
and any money t---
hat may now be on deposit in the Superior Court in said action.
10. Approval of CITY
GRANTOR understands that this Agreement is subject to the approval of CITY. Further, that this
Agreement shall have no force or effect unless and until said CITY approval has been obtained.
Ile Aut6orityto Sign
GRANTOR and the signatories represent and warrant that the signatories to this Agreement are
%of
authorized to enter into this Agreement to convey real property and that subject to Section 13, no
Other authorizations are required to implement this Agreement on behalf of GRANTOR.
12# Counterparts Signature
This Agreement may be executed in counterparts, each of which shall be an original,
counterparts shall constitute one agreement. ng but all
13* Effective Date and Auproval by Authority
This Agreement is subject to the approval of the Authority's
governing board. This Agreement is
effective on the date it is approved by the City's and Authority's governing bodies.
(As used above, the term, "GRANTOR"shall include the plural as well as the singular number.)
Page 2 of C.-Documents and SetangslrmooreVocal SetfingsiTemporary Internet FilesIOUNWousing Authority-Malnut
102505.docicp
J
GnarrroR: HOUSim AUTHORITY OF THE COUNTY OF CONTRA COSTA APN: 012-142-017
Project: Walnut Boulevard Widening
IN WITNESS WHEREOF, the parties have executed this Agreement the day.and year first written herein
below.
CITY OF BRENTWOOD: GRANTOR*. HOUSING AUTHORITY OF
THE
COUNTY OF CONTRA COSTA, A
PUBLIC BODY, CORPORATE AND
POLITIC
By: By:
Donna Landeros, City Manager Acting Executive Director of the
Housing Authority of the County
of Contra Costa,
Date: Date:
Attested to: Approved as to form:
Silvano B. Merchesi, County Counsel
By:
Margaret Wimberly, CMC,
City Clerk By:
Deputy
Approved as to form:
By:
Damien Brower, City Attorney
NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE REC-OGNIZED
Page 3 of 3 C:Documents and SettingslrmoorelLocal SettingslTemporaryInternet Filesl0LKB41HousingAuthority-Walnut
102505.doc%p