HomeMy WebLinkAboutMINUTES - 01102006 - C.9 ` TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and
Water Conservation District, California
FROM: MAURICE SHfU, CHIEF ENGINEER
DATE: January 10, 2006
SUBJECT: ADOPT Resolution approving the conveyance of an easement across Contra Costa County Flood
Control and Water Conservation District's Detention Basin 52D Basin No. 2 to Diablo Water District
in connection with the new Subdivisions 8678, 8679 and 8680. Flood Control Permit 636-04. [CDD
CP#04-51]. Oakley area. District V.
Project No. FCP 636-04
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
A. ADOPT Resolution approving the conveyance of an easement across the Contra Costa County Flood Control
and Water Conservation District's (District) Detention Basin 52D Basin No. 2 to Diablo Water District(DWD)
in order for them to provide water service to the new Subdivisions 8678, 8679 and 8680.
B. APPROVE and AUTHORIZE the conveyance of said easement to Diablo Water District, pursuant to
Government Code § 25526.6.
C. AUTHORIZE the Chair,Board of Supervisors,to execute the Grant of Easement on behalf of the District.
D. DIRECT the Real Property Division to cause said Grant of Easement to be delivered to the grantee.
Continued on Attachment:_✓ SIGNATURE:
-(
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
q��,�-
ACTION OF AGEOV /O Z061APPROVED AS RECOMMENDED OTHER
VOTFz'OF COMMISSIONERS
_✓ UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
CP:eh I hereby certify that this is a true and correct
G:\GrpData\RealProp\2005-Files\BOs&Reso\BO DWD Easement DA52D.doc copy of an action taken and entered on the
Orig.Div:Public Works(R/P) minutes of the Redevelopment Agency on the
Contact: C.Peccianti (313-2222) date shown.
cc: Public Works Accounting `
Public Works Records ATTESTED:
T.Torres,Environmental Services JOHN SWEETEN,Agen ecretary
C.Standafer,Flood Control
Grantee(via R/P) ByDeputy
Recorder(via R/P) —7" — v
Community Development Dept.
SUBJECT: ADOPT Resolution approving the conveyance of an easement across Contra Costa County Flood
Control and Water Conservation District's Detention Basin 52D Basin No. 2 to Diablo Water District.
Flood Control Permit 636-04. [CDD CP#04-51]. Oakley area. District V.
DATE: January 10, 2005
PAGE: 2
Fiscal Impact:
In consideration for the conveyance of the Grant of Easement to DWD the District has received payment in the
amount of$27,600.00 for the easement rights. This revenue will be deposited into the Drainage Area 52D funds,
(Fund#258400).
Reasons for Recommendations and Background:
DWD requires the easement rights from the District in order for them to install and maintain a 16-inch water pipeline
across Detention Basin 52D Basin No. 2 to provide water service to the new Subdivisions 8678, 8679 and 8680, in
accordance with the approved plans and specifications. The Board of Supervisors previously approved the Notice of
Exemption on February 8, 2005, [CDD CP#04-51].
Consequences of Negative Action:
DWD will not have the ability to provide water service to the new Subdivisions 8678, 8679 and 8680 if the District
does not convey the easement rights for the water pipeline.
THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA
Adopted this Resolution on January 10, 2006,by the following vote:
AYES: Uilkema,Pieplio, DeSanlnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.2006/ 9
Deerings Water Code,Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Code § 25526.6
SUBJECT: ADOPT Resolution No. 2006/ approving the conveyance of an easement across Contra
Costa County Flood Control and Water Conservation District's Detention Basin 52D Basin No.2 to
Diablo Water District for the installation and maintenance of a water pipeline that will service the
new Subdivisions 8678, 8679 and 8680. [CDD CP 04-51]
Oakley Area. District V.
Project No. FCP 636-04
The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water
Conservation District RESOLVES THAT:
The Board previously APPROVED the Notice of Exemption on February 8, 2005 for the activity. The
Notice of Exemption was filed on February 9, 2005.
Contra Costa County Flood Control and Water Conservation District(District)acquired certain real property
by deed recorded on April 10, 1990, in Book 15779 at page 136, in the Oakley area, for flood control purposes,
commonly known as Laurel Road Detention Basin DA 52D. Diablo Water District (DWD) has requested an
easement across a portion of said property described in Exhibit "A", attached hereto, for the installation and
maintenance of a water pipeline that will provide water service to the new Subdivisions 8678, 8679 and 8680. This
Board FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or
interfere with the District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to DWD across the
property described in Exhibit "A", attached hereto, pursuant to the above-referenced statutory authorities, and the
Chair, Board of Supervisors, is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District.
The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee.
CP:eh
G:\GrpData\RealProp\2005-Files\BOs&Reso\BR27A DWD DA 52D.doc I hereby certify that this is a true and correct
Orig.Dept.: Public Works(R/P) copy of an action taken and entered on the
Contact: C.Peccianti (313-2222) minutes of the Board of Supervisors on the
cc: Public Works Accounting date shown.
Public Works Records
T.Tones,Environmental Services ATTESTED: kv?
C.Standafer,Flood Control JOHN SWEETEN,Cler the Board of
Grantee(via R/P) Supervisors a County Administrator
Recorder(via R/P)
Community Development Dept.
Board Order Clerk Specialist,Adm. By-
RESOLUTION
y Deputy
RESOLUTION NO. 2006/_J?
EXHIBIT "A"
LEGAL DESCRIPTION
DIABLO WATER DISTRICT EASEMENT
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT PROPERTY
OA.KLEY, CALIFORNIA
REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF
OAKLEY, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED ,AS
FOLLOWS:
BEING A PORTION OF PARCEL D, AS SAID PARCEL D IS SHOWN AND DESIGNATED
ON THAT CERTAIN PARCEL MAP RECORDED APRIL 19, 1972, IN BOOK 7.1 OF
PARCEL MAPS AT PAGE 38, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA
COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERN CORNER OF SAID PARCEL D;
THENCE, FROM SAID POINT OF BEGINNING, ALONG THE WESTERN LINE OF SAID
PARCEL D, NORTH 01°29' 7.3" EAST (THE BEARING OF SAID WESTERN LINE IS
BEING TAKEN AS NORTH 01029' 7.3^ EAST FOR THE PURPOSE OF MAKING THIS
DESCRIPTION) 668 .96 FEET TO THE NORTHERN CORNER OF SAID PARCEL D;
THENCE, FROM SAID NORTHERN CORNER, ALONG THE NORTHEASTERN LINE OF SAID
PARCEL D, SOUTH 49°94' 07" EAST 53 .75 FEET;
THENCE, LEAVING SAID NORTIiZA.STERN LINE, SOUTH 01°29' 13" WEST 21 . 07
FEET;
THENCE, SOUTH 37°14' 41" WEST 3D.80 FEET;
THENCE, SOUTH 07.029' 13"WEST 588 .96 FEET TO .A POINT ON THE SOUTHERN
LINE OF SAID PARCEL D;
:5
THENCE, ALONG SAID SOUTHERN LINE, NORTH 89°27' 10" WEST 24.00 FEET TO
SAID POINT OF BEGINNING.
CONTAINING 0 .38 ACRES OF LAND, MORE OR LESS.
ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS
REFERENCE MADE A PART HEREOF_
END OF DESCRIPTION
° SSR '
5
P CHRISTOP ER S. KARMT.SON, P.L.S.
�1� * L.S. NO. 7176
EXPIRES: DECEMBER 31 , 2DD5
OF G��'�4b
P:%545.50\yEGIILS\LF-R ta.0
EXHIBIT "B"
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TANGENT TABLE -91}
NO, BEARING LENGTH
Ll 949'54'07"E 53.75'
L2 S0179'13"E 21:07' !�
N
L3 .S37'14'41"W 30.90'
L4 N89'27'10"W 24.00'
.4/
3U5DJVJ5J0N`� S,r,
307 M 49Cd
PARCEL D
st "� 21 PM 35
CCD N CONTRA COSTA COUNTY
FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
90-72721
24' DIABLO WATER DISTRICT EASEMENT
LAURFLROAD POB L4
PLAT TO ACCOMPANY LEGAL DESCRIPTION
DIABLO WATER DISTRICT EASEMENT
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
NOVEMBER 2004
Carlson, Barbee, & Gibson, Inc.
CIVIL ENGINEERS • SURVEYORS • PLANNERS
6111 BOLLINGER CANYON ROAD, SUITE 150 SAN RAMON, CALIFORNIA 94583
TELEPHONE: (925) 866-0322 FAX: (925) 868-8575
0:\985-50\ACRD\PLATS\ofiGiicwatcr\PLAT01.dwg Nvv 05,2004
Recorded at the request of:
Diablo Water District
After recording return to:
Diablo Water District
P.O. Box 127
Oakley, CA 94561
Attention: Linda Lilly
DA 52D Basin No. 2
Portion of APN 033-160-024
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, CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT,a political subdivision of the
State of California, (hereinafter"DISTRICT"), hereby grants to DIABLO WATER DISTRICT, a
public utility(hereinafter"GRANTEE"),a nonexclusive right to a perpetual easement and right of.
way for installing, constructing, reconstructing, removing, replacing, repairing, upgrading,
maintaining,operating and using a waterline and appurtenances thereto, and for no other purposes
along and in all of the hereafter described parcel of land situated in the City of Oakley, County of
Contra Costa, State of California, described as follows:
FOR DESCRIPTION AND PLAT MAP, SEE EXHIBITS "A" AND "B"
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 the conveyance of storm water and flood
protection, 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 or 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 hall 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.
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) Grantee shall, prior to
any construction,reconstruction,remodeling,excavation,installation or plantings within the
easement area;submit a request for a Flood Control Permit together with specific plans and
specifications and applicable permit fees to the District for review and approval. Such
approval, together with any additional requirements to be in the form of a written permit
issued by District to Grantee.
Page 1 of 6
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(b) Grantee shall provide two (2) working days notice to District's Maintenance Division
prior to commencing normal maintenance of its facilities within the easement area,including
inspection and cleaning of existing pipelines, that require surface access to or use of the
easement. Grantee shall notify the District within twenty-four (24) hours of initiation of
emergency work within the easement area. 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 at Grantee's sole expense 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 and be relocated within DA 52D,Basin No. 2 at location
designated by the District which will be conveyed as an easement. In the event that Grantee
fails to commence the required work within thirty(30)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.
Notwithstanding the foregoing provision, District agrees to provide Grantee with
copies of its plans which require Grantee to relocate its facilities and Grantee shall
have thirty (30) days after receipt to propose an alternative plan to District which
would not require Grantee's facilities to be relocated. District, at its sole discretion,
may choose to construct the Grantee's proposed alternative plan. However, in the
event District's cost to construct Grantee's proposed alternative is more expensive
than District's original plan; Grantee shall pay District-any such excess cost prior to
construction.
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 (30) 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.
6. 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
Page 2 of 6
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negligence or willful misconduct of District,District shall repair the damage at its sole cost
and 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.
7. 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
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.
Page 3 of 6
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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/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 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 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 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.
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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 (1) 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.
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15. 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 10th day of
JANUARY , 200$. 6
CONTRA COSTA COUNTY FLOOD DIABLO WATER DISTRICT
CONTROL& WATER CONSERVATION
DISTRICT
By By
Ch 'r, and of Supervisors Mike YeratT
General Manger
Date �
APPROVED AS TO FORM
by County Counsel
July, 1999
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On JAN. 10,20 before me,H41Dk L• SOP
Deputy Clerk of the Board of Supervisors, Contra
Costa County, personally appeared
SUP. M GIOTA 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:
Dep ty Clerk
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EXHIBIT A
NOVEMBER 4 , 2004
JOB NO. : 985-50
LEGAL DESCRIPTION
DIABLO WATER DISTRICT EASEMENT
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT PROPERTY
OAKLEY, CALIFORNIA
REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF
OAKLEY, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEING A PORTION OF PARCEL D, AS SAID PARCEL D IS SHOWN AND DESIGNATED
ON THAT CERTAIN PARCEL MAP RECORDED APRIL 19, 1972, IN BOOK 21 OF
PARCEL MAPS AT PAGE 38, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA
COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERN CORNER OF SAID PARCEL D;
THENCE, FROM SAID POINT OF BEGINNING, ALONG THE WESTERN LINE OF SAID
PARCEL D, NORTH 01029' 13" EAST (THE BEARING OF SAID WESTERN LINE IS
BEING TAKEN AS NORTH 01029' 13" EAST FOR THE PURPOSE OF MAKING THIS
DESCRIPTION) 668 . 96 FEET TO THE NORTHERN CORNER OF SAID PARCEL D;
THENCE, FROM SAID NORTHERN CORNER, ALONG THE NORTHEASTERN LINE OF SAID
PARCEL D, SOUTH 49054' 07" EAST 53 .75 FEET;
THENCE, LEAVING SAID NORTHEASTERN LINE, SOUTH 01029' 13" WEST 21 . 07
FEET;
THENCE, SOUTH 37014' 41" WEST 30 . 80 FEET;
THENCE, SOUTH 01029' 13" WEST 588 . 96 FEET TO A POINT ON THE SOUTHERN
LINE OF SAID PARCEL D;
THENCE, ALONG SAID SOUTHERN LINE, NORTH 89027' 10" WEST 24 . 00 FEET TO
SAID POINT OF BEGINNING.
CONTAINING 0 .38 ACRES OF LAND, MORE OR LESS .
ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS
REFERENCE MADE A PART HEREOF.
END OF DESCRIPTION
SURA
S . 61 a�r�rwv�eMr.
CHRISTOP ER S. HARMISON, P.L.S .
1T`� L.S. NO. 7176
Q EXPIRES: DECEMBER 31, 2005
OF
P:\905-50\LEGALS\LG-032.D
EXHIBIT B
0
0
N
II
N H0JAS HOJAS
w
J
N
TANGENT TABLE
NO.1 BEARING LENGTH
L1 S49'54'07"E 53.75'
L2 S01'29'13"E 21.07'
N
L3 S37'14'41"W 30.80'
L4 N89'27'10"W 24.00'
SUBDIVISION`S
59,6 6 �
co m
=307 Ivl 49 w �
PARCEL D
21 PM 38
Z N CONTRA COSTA COUNTY
C) FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
90-72721
24' DIABLO WATER DISTRICT EASEMENT
LAUREL ROAD POB L4
PLAT TO ACCOMPANY LEGAL DESCRIPTION
DIABLO WATER DISTRICT EASEMENT
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
NOVEMBER 2004
Carlson, Barbee, & Gibson, Inc.
CIVIL ENGINEERS • SURVEYORS • PLANNERS
6111 BOLLINGER CANYON ROAD, SUITE 150 SAN RAMON, CALIFORNIA 94583
TELEPHONE: (925) 866-0322 FAX: (925) 866-8575
G:\985-50\ACAD\PLATS\offsitewoter\PLATOt.dwq Nov 05,2004