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Home My WebLink AboutMINUTES - 10102006 - SD.4 t r ., SEL TO: BOARD OF SUPERVISORS, AS GOVERNING ,;•_, -� �-••• Contra BOARD OF THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT Costa FROM: MAURICE M. SHIU, CHIEF ENGINEER �` = y`�oa County cosrA coox.et cA DATE: October 10, 2006 SUBJECT: Approve conveyance of Real Property to the City of Oakley, Oakley area. (District V) Deering's Water Code, Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 63-31 (Government Code § 25365) Project No.: 7521-6D8336 Task: NA Acct: NA SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. DECLARE that this Board, on September 26, 2006, approved a Notice of Intent fixing October 10, 2006, at 9:30 A.M. or thereafter, in its chambers, County Administration Building, Martinez, California, as the time and place when it would meet to consummate the conveyance of the real property described therein to City of Oakley (City); said Notice was duly published in the Contra Costa Times newspaper. B. APPROVE the conveyance between Contra Costa County Flood Control and Water Conservation District (District) and the City. The Chair of the Board of Supervisors is hereby AUTHORIZED to execute a Quitclaim Deed to the City on behalf of the District, and DIRECTS the Real Property Division to cause its delivery to the City for acceptance and recording. Continued on Attachment: X SIGNATURE: Le�4, r!OMMENDATION OF COUNTY ADMINISTRATOR cECOMMENDATION OF BOARD COMMITTEE L,APPROVE OTHER SIGNATURE(S): ` ACTION OF BOA N U APPROVED AS RECOMMENDED k O ER VOTE OF SUPERVISORS x UNANIMOUS(ABSENT)/Zo-y%� I hereby certify that this a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. G:UtealProp\2006-Files\BOs&Res 06\130.City ofOakley.doc - / /49 / Orig.Div: Public Works(R/P) ATTESTED: ..C� � c?f/D Contact. David Kramer(3-2227) JOHN CULLEN,Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(via R/P) P.W.Accounting / 1.Bergeron,Computer Services By 9 , Grantee u Flood Control l ' v / SUBJECT: Approve conveyance of Real Property to the City of Oakley, Oakley area. (District V) DATE: October 10, 2006 PAGE: 2 of 2 Fiscal Impact: None. Transferring the three basins to the City would relieve the District of the operational cost and liability of the detention basins. Reasons for Recommendations and Background: Prior to the incorporation of the City, the District formed drainage areas that now include portions of the City's incorporated area. On August 15, 2006, the Board approved the Drainage Areas Fee Collection, Right of Way and Maintenance Agreement for Drainage Areas 29C, 29D, 29E, 29H, 30A, 30B, 30C, 52D and 56 and in that agreement the City agreed to accept ownership to the real property on which the basins are constructed and maintain all the subregional drainage facilities within its incorporated limits. The three Detention Basins are DA 30A Brown Road Basin and Laurel Road Basin, and DA 30C Freedom High School Basin. On September 26, 2006 the Board of Supervisors approved a Notice of Intent Fixing October 10, 2006, at 9:30 A.M. or thereafter, as the date and time it would meet to consummate the conveyance of the Basins. Consequences of Neeative Action: The Board would not be in compliance with the August 15, 2006 agreement and the District would retain ownership of the basins including maintenance and liability. Ret*orded at the request of: r The City of Oakley After recording return to: 3231 Main St Oakley, CA 94561 Portions of Assessor's Parcel No. 034-010-008 and 009 035-220-025, 026, 030, and 031 034-050-005 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to the City of Oakley, a Municipal Corporation, the following described real property in the City of Oakley, Contra Costa County, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Date: 0,zllo By ir, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On L(j-14-06 before me, Z,,.-e M4 46 Deputy Clerk of the Board of Supervisors, Contra Costa County,personally appeared .To1u6 Yb!a , 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. WITNESS my hand and official seal. By: Deouty Cf rk G:\RealProp\2006-Files\06-9\DE.04 City of Oakley.doc 4/29/03 1 l ,1♦ M Flood Control Zone 1 Basin Transfers to City of Oakley EXHIBIT A DRAINAGE AREA 30A BASIN 1: PARCEL 1229 (APN 035-220-025) being that real property described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District, hereinafter referred to as the District, recorded September 7, 1983, in Volume 11423 of Official Records at page 203. Containing 211,860 square feet,more or less. PARCEL 1230 (APN 035-220-026) being that real property described in the Grant Deed to the District recorded September 29, 1983, in Volume 11462 of Official Records at page 505. Containing 167,640 square feet, more or less. PARCEL 1613 (APN 035-220-030) being that real property described as PARCEL 1613 in the Grant Deed to the District recorded November 15, 1990, in Volume 16246 of Official Records at page 813. Containing 96,953 square feet, more or less. PARCEL 1776 (APN 035-220-031) being that real property described as PARCEL 1776 in the Grant Deed to the District recorded March 2, 1995, by Recorder's Series Number 033661. Containing 108,900 square feet, more or less. DRAINAGE AREA 30A BASIN 2: PARCEL 1651 (portion of APN 034-010-008) being that real property,described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District, hereinafter referred to as the District, recorded June 22, 1989, in Volume 15148 of Official Records at page 214. EXCEPTING THEREFROM excess land parcel X1651-1 being that real property described in the Grant Deed to Camray Development and Constriction Co., Inc., a California corporation recorded August 2, 1991, in Volume 16779 of Official Records at page 846. PARCELS 1652 and 1652A (portions of APN 034-010-009) being that real property described in the Grant Deed to the District recorded August 2, 1991, in Volume 16779 of Official Records at page 841. RESERVING unto the United States of America, the transmission line easement Parcels X1651-2 and X1652-1 described in the Contract and Grant of Easement, recorded January 5, 2000, by Recorder's Series Number 002229. n. r A., Also EXCEPTING road widening Parcels X1651-3, X1652-2, and X1652-3 previously transferred to the City of Oakley by Grant Deed recorded July 1, 2002, by Recorder's Series Number 231502. DRAINAGE AREA 30C NORTH BASIN: (APN 034-050-005) That real property described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District recorded April 5, 2000,by Recorder's Series Number 068105. LH:cw G:\FldCtl\lliiebert\Transfers\FC Zone 1 Basin Transfers to City of Oakley.doc 2 REQUEST TO SPEAK FORM / (THREE (3) MINUTE LIMIT) r' Complete this form and pp�lace it in the box near the speakers' rostrum before addressing the Board. / Name: �L/ �� Phone: 3 'Z ' Address: 1 0 t k 0 b PGOOz6( City: LAJ (Address and phone number are optional; please note'that this card will become a public record kept on file with the Clerk of the Board in association with this meeting) I am speaking for myself or organization:' CHECK ONE: CctO� I wish to speak on Agenda Item # � � Date: rD My comments will be: ArGeneral ❑ For ❑ Against ❑ I wish to speak on the subject of: ❑ I do not wish to speak but would like to leave these comments for the Board to consider: Please see reverse for instructions and important information C _ z VI TO: BOARD OF SUPERVISORS, AS GOVERNING '�'=-� ``—"�' Contra BOARD OF THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT Costa o: vr" xs FROM: MAURICE M. SHIU, CHIEF ENGINEER P``` County Uejq,coax` DATE: September 26, 2006 SUBJECT: Approve Notice of Intention to Convey Real Property to the City of Oakley, Oakley area. (District V) Deering's Water Code, Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 63-31 (Government Code § 25365) Project No.: 7521-6D8336 Task: NA Acct: NA SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. DECLARE that the Board of Supervisors, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District (Board) intends to convey to the City of Oakley (City), Contra Costa County Flood Control and Water Conservation District (District) owned real property described in the attached Notice of Intention and that said property is not required for District use. B. DECLARE that this Board hereby sets Tuesday October 10, 2006 of 9:30 a.m., or thereafter, in the Board's Chambers in the County Administrators Building, 651 Pine Street, Martinez , California, as the time and place it will meet to consummate this conveyance by a four-fifths vote. C DIRECT the Clerk of this Board to have the Notice published one time, at least one week preceding the date set forth for hearing in the Contra Costa Times, a newspaper of general circulatio (p uant to Goverment Code § 6061). Continued on Attachment: X SIGNATURE: i--IFECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OFBO O tIPPROVED AS RECOMMENDED OTHER VOTE SUP ISORS /' UNANIMOUS(ABSENT) 46 " C� _ I hereby certify that this a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. G:\Real Piop\2000-Files\BOs&Res 06\BO.City of Oakley.doc �� ,,e L�a Public Works(R/P) ATTESTED:_ /�/ G Contact: David Kramer(3-2227) JOHN CULLEN, Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(via R/P) - P.W.Accountinf; I.Bergeron,Computer Services By Grantee Deputy Flood Control SUBJECT: Approve Notice of Intention to Convey Real Property to the City of Oakley, Oakley area. (District V) DATE: September 26, 2006 PAGE: Page 2 of 2 Fiscal Impact: Transferring the three basins to the City would relieve the District of the operational cost and liability of the detention basins. Reasons for Recommendations and Background: Prior to the incorporation of the City, the District formed drainage areas that now include portions of the City's incorporated area. On August 15, 2006, the Board approved the Drainage Areas Fee Collection, Right of Way and Maintenance Agreement for Drainage Areas 29C, 29D, 29E, 29H, 30A, 30B, 30C, 52D and 56 and in that agreement the City agreed to accept ownership to the. real property on which the basins are constructed and maintain all the subregional drainage facilities within its incorporated Iimits. The three Detention Basins are DA 30A - Detention Basin at Laurel Road and Brown Road, DA 30A - Detention Basin at Laurel Road, east of O'Hara Avenue and Detention Basin at Neroly Road and O'Hara Avenue(Freedom High Basin). Consequences of Negative Action: The Board would not be in compliance with the August 15, 2006 agreement and the District would retain ownership of the basins including maintenance and liability. 0 C� "Contra Costa Times To: EShar@cob.cccounty.us Legals" cc: t` <cctlegals@cctimes.c Subject: NOTICE OF INTENTION - DRAINAGE 30A AT LAUREL ROAD EAST om> OF O'HARA AVENUE 09/14/2006 03:35 PM Please respond to cctlegals THIS E-MAIL CONTAINS PERTINENT INFORMATION; PLEASE READ IT CAREFULLY IN ITS ENTIRETY. Good Afternoon. If you have any questions regarding the legal notice confirmed below,please . reference the LEGAL NUMBER provided. Only e-mail tocctlegals(a cctimes.com regarding Contra Costa Times, Concord Transcript, or Contra Costa Sun legal notices. ** LEGAL SCHEDULE CONFIRMATION ** TYPE: In-Column Liner, Classified Section LEGAL NUMBER: 6687 PO#: F05508 2009 Publication: CCT Run Date(s): 10/02 Legal Acct#: 200 4197 Total Amount: $88.20 FOR YOUR INFORMATION -Revisions/Cancellations: I will need a cancellation request referencing the LEGAL NUMBER—or all changes attached in a final draft Microsoft Word Document—e-mailed to cctle2als(&,,cctimes.com by no later than 4 PM, Thurs., 09/28.. Otherwise, the wording of the legal will publish as you e-mailed. Thanks! Anashia Lloyd Legal Advertising Coordinator (925) 943-8019 (925) 943-8359 —fax Contra Costa Times ATTN: Legal Dept. P.O. Box 4718 Walnut Creek, CA 94596 ectlegals@cctimes.com -- � •, '..L O O f - LEGAL PUBLICATION REQUISITION Contra Costa County iTM FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106 P.O. Box 471.8 Pine Street, Martinez 94553 Walnut Creek, CA 94596 E-MAIL: cctlegals@cctimes.com FAX No. 925-943-8359 Requested by: EMY L. SHARP Date: SEPTEMBER 1 2006 Phone No.: 925-335-1903 Reference No.: 2009 Org.: Sub Object: 2190 Task: SAS Activity: Publication Date (s) OCTOBER 0X, 2006 No. of Pages: t 2 LEGAL PUBLICATION NOTICE OF INTENTION TO CONVEY REAL PROPERTY AS DRAINAGE 30A - DETENTION BASIN AT LAUREL ROAD EAST OF O ' HARA AVE. "FAX ONLY" *** Immediately upon expiration of publication, *** send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. ANASHIA, SORRY I HAVE TO FAX BECAUSE I AM WORRIED YOU MIGHT NOT GET MY E-MAIL. Authorized Signature: ' Please confirm date of publication and receipt of this fax. O O CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA, 94553 NOTICE OF INTENTION TO CONVEY REAL PROPERTY (Gov. Code § 25365) Notice is hereby given that the Board of Supervisors of Contra Costa County, on September 26, 2006, declared its intention to convey to the City of Oakley the following described real property described as Drainage Area 30A - Detention Basin at Laurel Road and Brown Road (Portions of APN 034-010-008 and 034-010-009) Drainage Area 30A Detention Basin at Laurel Road, east of O'Hara Avenue (APN 035-220-025, 035-220-026, 035-220-030 and 035-220-031) and Drainage Area Detention Basin at Neroly Road and O'Hara Avenue (Freedom High Basin) (APN 034-050- 005) together with and including all improvements located thereon. The Board will meet on Tuesday, October 10, at 9:30 a.m. or thereafter in the Board's Chambers, County Administration Building, 651 Pine Street, Martinez, California, to make such conveyance by at least a four-fifths vote. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 14, 2006 By EMY L. SHARP Deputy Publication Dates: OCTOBER 02, 2006 1 O O CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 PUBLICATION REQUEST TO: Jane Pennington, Chief, Clerk of the Board Attn: Emy Sharp, Deputy Clerk, Clerk of the Board esharLc ,cob.co.contra-costa_ca.us FROM: David Kramer Public Works Department (925) 313-2227 BOARD MTG. DATE: September 26, 2006 PREVIOUSLY APPROVED BY BOS ON: BOARD MTG. FOR CONVEYANCE: October 10, 2006 PUBLICATION DATES: Prior to October 3, 2006 REQUESTED PUBLISHING PAPER(S):Contra Costa Times G:IGrpData tReolPi op it"OPLIISIBR 28 PuN cation Request.doe 6/13/0? Do Trot type below this line—Publication language on following page 1 0 0 MESSAGE CONFIRMATION 09/21/2006 06:59 ID=CONTRA COSTA COUNTY CLERK OF THE DATE S,R-TIME DISTANT STATION ID MODE PAGES RESULT 09/21 00'39" 9253132333 TX 04 OK 0000 09/21/2006 06:58 CONTRA COSTA COUNTY CLERK OF THE 93132333 NO.554 1?01 =� LEGAL PUBLICATION REQUISITION Contra Costa County FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 146 P.O. Box 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 FAX No. 925-943-8359 Requested by: L Date: STI! �-M 26, 2006 Phone No.: 925-335-1903 Reference No.: 2011 Org.: 0676 Sub Object: 2190 Task: SAS Activity: 6P4007 Publication Date (s) OCTOBER 06 , AND OCTOBER 13 , 2006 No. of Pages: LEGAL PUBLICATION AMENDMENT AND ADOPTION OF URGENCY ORDINANCES CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez,CA 94553 NOTICE OF INTENTION TO CONVEY REAL PROPERTY (Gov.Code 9 25365) Notice is hereby given that the Board of Supervi- sors of Contra Costa County,on September 26, 2006, declared its inten- tion to convey to the City of Oakley the following described real property described as Drainage Area 30A -Detention Ba- sin at Laurel Road and Brown Road (Portions of APN 034-010-008 and 034- 010-009) Drainage Area 30A Detention Basin at Laurel Road, east of O'Hara Avenue(APN 035- 220-025, 035-220-026, 035- 220-030 and 035-220-031) and Drainage Area Deten- tion Basin at Neroly Road and O'Hara Avenue(Free- dom High Basin) (APN 034-050-005) together with and including all im- provements located thereon. The Board will meet on Tuesday, October 10, at 9:30 a.m.or thereafter in the Board's Chambers, County Administration Building,651 Pine Street, Martinez, California, to make such conveyance by at least a four-fifths vote. I hereby certify that this is a true and correct COPY of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 14,2006 By EMY L.SHARP Deputy Legal CCT 6687 Publish October 2,2006 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: Oct 2, all in the year of 2006 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Execu d at Wa4rauLCreek, California. Ont 4 day of October, 2006 / Signature Contra Costa Times P0Box 4147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) LLQ !. acs og C' c W Q U " X LL Z J 'o co o ! c ! m A) ` ti � -O NN 00 O U �p CU ,C > E N N p C c6 c0 N 7 C\j o � LO m � V O . AY C Q L C a a c4 > U) FY U U co O , LO � C � U) i � Q � O U Q C (0 Q O j p C) O O O O aUi O i Uoo c cn O C O E ~ o O � o N 6 U o ^x r o O Q 2 0 @ U O E c o ME oN N m C p O O N (U (U 0 Q � LLJ � U 2 co O N N U O Q — Q WIC EEE vo C6 ca co _ a> C) o mm o LL N 0 Co Oi Oi Oi fn rn 925+646+8288 From:Real Property O 925+646+0288 09,'2006 10:34 #048 P.001I001 HEARING CONFIRMATION FORM Hearing Date: (� 1�_� i ev,nr. Name of Person Phoning to Request Hearing: Phone No.: Hearing Date Confirmed with: r-"4 of Clerk of the Board Staff on: Agenda Language (how it will read on the calendar): DECLARE that the Board of Supervisors,as the Governing Body of the Contra Costa County Flood Control and Water Conservation District (Board) intends to convey to the City of Oakley (City), Contra Costa County Flood Control and Water Conservation District(District)owned real property described in the attached Notice of Intention and that said property is not required for District use; FIX a hearing for Tuesday October 10, 2006 to consummate this conveyance by a four-fifths vote; DIRECT the Clerk of this Board to publish the Notice, Oakley area. (District V) I. Anticipated length of the hearing: 5 minutes or less _k or more 2. Is it controversial? Yes No 3. Noticing Requirements: (I e._ ?s(ee Code Section: za3� 4. Publication Requirements: # of times 1 4 of days before hearing 5. Who is to Publish the Notice? COB _ PWD It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board Resolution;the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors. 6. If posting of notice is required, who will post? �__ 7. If mailing the notice is required, who will provide the clerk with the correct mailing list and labels? & 8. When will this "fix hearing item" be listed on the Board agenda as a consent item? Se lost 2ro e 40 C)6 G:\GrpDatalBoard OrdersTomrs\Fcaring Confit nation Form.doc cc: J.Waters,Administration MESSAGE CONFIRMATION 09/18/2006 12:30 ID=CONTRA COSTA COUNTY CLERK OF THE DATE S,R—TIME DISTANT STATION ID MODE PAGES RESULT 09/18 00'56" 925+646+0238 TX 06 OK 0000 0918%2.006 12:29 CONTRA COSTA COUNTY CLERK OF THE 964602e8 NO.540 901 "Contra Coate Times To, EShar@cob.cccaunty.us L19315" cc: ecctIa9ats@cctjmas.c Subject NOTICE OF INTENTION- DRAINAGE 30A AT LAUREL ROAD EAST om> OF O-HARA AVENUE 0911412005 0135 PM Please respond to THIS E-MAYL CONTAINS PERTINENT INFOMIATION; PLEASE RE, AID IT CAREFULLY IN ITS ENTIRETY'. Good AflteimoonIf you have any questions regarding the legal notice cmfilmed below, please reference the LEGAL NUIVIBER provided, Only e-mail tocetlegals(ii.,tobnes.com regarding Contra Costs Times,Concord Trangerillt. or Contra Costa Sun legal notices. ** LEGAL SCHEDULE CONFIRMATION TYPE: In-Column Liner, Classified Section LEGAL NUMBER: 6687 PO#: 1 05508 2009 Publicatiotv CCT Run Date(s): 10/01 Legal Aect#: 200 4197 Total Amount: $88.20