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Home My WebLink AboutMINUTES - 01152008 - C.5 ' s t C , TO: BOARD OF SUPERVISORS E_ �... Con, ra Costa FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ��oq ST'9 K DATE: January 15, 2008 COOCounty SUBJECT: APPROVE and AUTHORIZE the Chair,Board of Supervisors,to execute a Grant of Easement to provide access for maintenance of the Grayson Creek Flood Control Channel and ACCEPT the Grant Deed, Pacheco area. (District IV) Project No. 7824-6X5033 [CP#06-121] Government Code § 25526.6 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chair,Board of Supervisors,to execute a Grant of Easement on behalf of Contra Costa County(County)to Contra Costa County Flood Control and Water Conservation District(District)to provide access for the maintenance of the Grayson Creek Flood Control Channel in Pacheco. ACCEPT the Grant Deed from the District which was authorized for conveyance by Board Order dated January 15, 2008. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the Office of the County Recorder. J CONTINUED ON ATTACHMENT: ❑x SIGNATURE: 2,/' idzl RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMNtfNDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): n �/ ACTION OF BOA N APPROVED AS RECOMMENDED OTHER VOTE F SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Michele Trecek(313-2010) MT:sr G:\RealProp\Boazd Orders\2008\01-15-08 BO-Pacheco Trail Project.doc ATTESTED Cc: Recorder(via R/P) JO ULLEN,CLE OF THE WARD OF 1.Bergeron,Mapping SU RVISORS G.Connaughton,Flood Control L.Chavez,Environmental C.Ricci,Special Districts BY: DEPUTY SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a Grant of Easement to provide access for maintenance of the Grayson Creek Flood Control Channel and ACCEPT the Grant Deed, Pacheco area. (District IV) DATE: January 15, 2008 PAGE: 2 of 2 FISCAL IMPACT: There is no impact to the County General Fund. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Pacheco Trail Project is a collaborative effort between Contra Costa County,the Pacheco Municipal Advisory Council, and the Pacheco Community. The project involves constructing a trail and related facilities adjacent and parallel to Grayson Creek along the length of Aspen Drive. Property right transactions between the District and the County will allow for the land rights to construct the project and provide maintenance and access rights to the District for the maintenance of Grayson Creek. A Class 4(b) Categorical Exemption from CEQA was approved by the Board on June 26, 2007 and the Notice of Exemption was filed on June 29, 2007. CONSEQUENCES OF NEGATIVE ACTION: There may be insufficient land rights for access and maintenance of Grayson Creek. Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Michele Trecek Parcel FCPID 5023 (Portion of CCCFC&WCD Parcel 69006.1) GRANT OF EASEMENT THIS INDENTURE, made by and between CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called the GRANTOR, and CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic existing under the law of the State of California, hereinafter called the GRANTEE, WITNESSETH : That the GRANTOR, for value received, hereby grants to the GRANTEE, and its successors and assigns, a perpetual easement and right of way for ingress and egress purposes (not to be exclusive) over and across that certain real property in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. The easement herein granted shall include the right by said GRANTEE, its officers, agents and employees, and by persons under contract with it and their employees whenever and wherever necessary for ingress and egress purposes, to enter upon said land with personnel, vehicles and equipment, to remove all trees, vegetation and structures thereon that interfere with the purpose for which the easement herein is granted. It is understood that GRANTEE is not responsible for repairing or replacing any of GRANTOR's improvements within the area described in Exhibit "A" herein. TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE's successors and assigns forever. IN WITNESS WHEREOF, the GRANTOR has executed this indenture this 15th day of JANUARY , 2008. STATE OF CALIFORNIA ) CONTRA COSTA C NTY COUNTY OF CONTRA COSTA ) OndUIMY 15, me, IlEUA L. SHARP Deputy Clerk of the Board of Supervisors,Contra Costa County, personally appeared U. FEDERAL CLOM , who is personally known to me (or proved to me on the basis of Ch Ir, Board of Supervisors 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: If D uty Clerk MT:sr G:\Real Prop\2007-Files\07-12 - EA.06 Grant.Easement.000FCWCD.Grayson Creek.doc 12/20/07 State of California ) County of conA com ) On JANUARY 15, 2008 before me, EMELDA L. SHARP - DEPUTY CLLRK (Insert name and title of the officer) personally appeared SUPERVISOR FEDERAL GLOVER who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Grayson Creek Easement from Contra Costa County to the CCCFC&WCD Portion of Aspen Drive (Road No. 3975K) Drawing No. FD-20,014 EXHIBIT "A" FCPID 5023 A portion of Aspen Drive (formerly Burress Street) as shown on the map entitled "Map of Pacheco, Contra Costa County, California, 1869" filed in Book E of Maps at page 95, Contra Costa County, California, described as follows: Commencing at the most northerly corner of the parcel of land as described in the Grant Deed to Contra Costa County recorded December 18, 1975 in Book 7715 of Official Records at page 670, being the easterly Right of Way line of Aspen Drive (formerly Burress Street), also being a point on a non-tangent curve, concave to the southeast, a radial from said point bears south 81040'05" east; thence southwesterly along said curve, being the westerly line of said parcel (7715 OR 670), having a radius of 284.00 feet, through a central angle of 2°13'28", an arc length of 11.02 feet to the westerly line of Parcel 69006.1 as described in the Grant Deed to Contra Costa County Flood Control and Water Conservation District (CCCFC&WCD) recorded January 19, 1971 in Book 6298 of Official Records at page 34, also being the easterly Right of Way of Aspen Dr. (formerly Burress St.); thence along the westerly line of said parcel (6298 OR 34), being the westerly extension of said curve having a radius of 284.00 feet, through a central angle of 14°55'22", an arc length of 73.97 feet to a point on a non- tangent line, a radial to said point bears south 81011'05" west; thence south 28°52'35" east 18.61 feet to the Point of Beginning; thence from said Point of Beginning along the boundary of said parcel (6298 OR 34) the following four (4) courses: 1) south 28052'35" east 346.84 feet to a tangent curve, concave to the southwest; 2) southeasterly along said curve, having a radius of 325.02, through a central angle of 28°52'35", an arc length of 114.00 feet; 3) south 8°46'46" east 694.42 feet to a tangent curve, concave to the northeast; 4) southeasterly along said curve, having a radius of 20.00, through a central angle of 35°18'00", an arc length of 12.32 feet to a point on a non-tangent line, a radial to said point bears south 45°55'14" west; thence leaving the westerly line of said parcel (6298 OR 34), north 81022'21" west 15.00 feet; thence north 8037'39" east 21.81 feet; thence north 13°36'12" west 47.49 feet; thence north 9056'24" west 100.03 feet; thence north 8°02'43" west 98.36 feet; thence north 8058'51" west 47.94 feet; thence north 9°56'50" west 48.37 feet; thence north 7033'52" west 100.49 feet; thence north 5°46'40" west 75.54 feet; thence north 11018'34" west 41.14 feet; thence north 23°24'13" west 44.85 feet; thence north 25002'36" west 46.55 feet; thence north 27020'23" west 52.44 feet; thence north 29020'20" west 48.79 feet; thence north 25°56'21" west 45.72 feet; thence north 34028'03" west 41.82 feet; thence north 28053'07" west 89.58 feet; thence north 25°03'13" west 41.53 feet; r ' thence north 20046'50" west 19.17 feet; thence north 28°52'35" west 18.61 feet to the Point of Beginning. Containing an area of 5971 square feet (0.14 acres) of land, more or less. Exhibit "B" attached and by this reference made a part hereof. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: ND SU Licensed Land Surveyor Date: t Vz Z16 * Exp. 12-31-08 �T No.5999 9��OF CA�F�P G:\Design\SURVEYS\Legals\Exhibits20D7\Pacheco Trail Aspen Dr Easement(rev).doc JS:TL November 27,2007 EXHIBIT ' B ' P ACNECO B��D GRANT DEED GRAYSON CREEK 7715 OR 670 % CCCFCWCD 6298 OR 34 C3 X31 32 POC 346•$4 r� ��30 V N2a' S2 3�W r `28 L29 POB C2 24 L25 1-26 ASPEN DR ell \-226 5023 CCI LINE DATA TABLE No. Bearing Length L24 N280 52'35"W 18.61 L25 S200 46'50"E 19.17 L26 S25' 03'13"E 41.53 L27 S28° 53'07"E 89.58 L28 5340 28'03"E 41.82 L29 S250 56'21"E 45.72 L30 5290 20'20"E 48.79 L31 S27° 20'23"E 52.44 L32 S250 02'36"E 46.55 CURVE DATA TABLE R1 S810 40'05"E No. Radius Delta Length R2 S830 53'26"E C1 284.00 20 13'28" 11.02 R3 N81° 11'05"E C2 284.00 140 55'22" 73.97 R4 S61° 07'25"W C3 325.02 200 05'49" 114.00 SEE DRAWING No. FD-20,014 SHEET 10F 3 Instrument Grant of Easement Scale: 1" 60' File No. RW503307.dgn Drown By: TL Plot Date: 11/27/2007 Series No. Recorded Checked By: JS Drawing: EXHIBIT ' B ' GRAYSON CREEK CCCFCWCD 6298 OR 34 U-)j 4 C3 / — 2~ X33 L34 — — N8° 4 L3,5 — y_ 6'46„w L36 ,- _ _ 694.42 FCPID 5023 L3i — ASPEN DF? Lag LINE DATA TABLE No. Beoring Length L32 S250 02'36"E 46.55 L33 S230 24'13"E 44.85 L34 N11° 18'34"W 41.14 L35 N5° 46'40"W 75.54 L36 N70 33'52"W 100.49 L37 N90 56'50"W 48.37 L38 N80 58'51"W 47.94 CURVE DATA TABLE L39 S8° 02'43"E 98.36 No. Rodius Delto Length R5 S81° 13'14"W C3 325.02 200 05'49" 114.00 SEE DRAWING No. FD-20,014 SHEET 2 OF 3 Instrument Gront of Eosement Scole: 1" - 60' File No. RW503307.dgn Drown By: TL Piot Dote: 11/27/2007 Series No. Recorded Checked By: JS Drowing: 1 EXHIBIT ' B ' GRAYSON CREEK CCCFCWCD 6298 OR 34 _ —�— — N'ga 46,46„w Lag - - 74 _ � L40 — —►— _ _ 694 42 Z FCPID 5023 S��38 C4 C� 151.54 m ASPEN DR 41 c4?�L43 LINE DATA TABLE No. Bearing Length L39 S80 02'43"E 98.36 L40 S90 56'24"E 100.03 L41 S130 36'12"E 47.49 L42 S8° 37'39"W 21.81 CURVE DATA TABLE L43 S81° 22'21"E 15.00 1 No. Radius Delta Length R6 N45° 55'14"E C4 20.00 350 18'00" 12.32 SEE DRAWING No. FD-20,014 SHEET 3 OF 3 Instrument : Grant of Easement Scale: 1" • 60' File No. RW503307.dgn Drown By: TL Plot Dote: 11/27/2007 Series No. Recorded Checked By: ,1S Drawing: