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Home My WebLink AboutMINUTES - 10072008 - C.7 r TO: BOARD OF SUPERVISORS Contra• 'j� F. FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa o m, runla DATE: October 7, 2008 -'� srA.ctiunCountyr�'{ SUBJECT: Accepting Grant of Easement for access and maintenance of traffic signal, for Subdivision 04- 08918, Bay Point area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ G&Raccepting Grant of Easement for access and maintenance of traffic signal, for Subdivision 04-08918, for project being developed by Thomas/DeNova, LLC, as recommended by the Public Works Director, Bay Point area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Installation of the traffic signal at the intersection of Willow Pass Road and Evora Road was a Condition of Approval of Subdivision 04-08918. The Grant of Easement is necessary to allow the County access rights onto private property for maintenance of the traffic signal. CONSEQUENCES OF NEGATIVE ACTION: The Grant of Easement will not be accepted. Continued on Attachment: SIGNATURE: V; RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURES : ACTION OF BOARD ON O GAPPROVED A RECOMMENDED OTHER I hereby certify that this is a true and correct vOT OF SUPERVISORS /' copy of an action taken and entered on the UNANIMOUS(ABSENT _) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: ATTESTED:e O,dG e OR oZDo EnG:\:\EngSvc\BO\2008V 0-07VSD 04-089184 BO-27 EORM.docz DAVID TWA, Clerk of the Board of Recording to be completed by Clerk of the Board Supervisors and County Administrator cc: Current Planning,Department of Conservation and Development ThomaVDeNova, LLC 3100 Oak Road,Suite 140 Walnut Creek,CA 94597 Attn:[an Baird By , Deputy 1 , Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 7, 2008 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO,BONILLA; AND GLOVER NO: NONE ABSENT: SUPERVISOR UILKEMA ABSTAIN: NONE — RESOLUTION NO. 2008/ o: CJ SUBJECT: Accepting Grant of Easement for access and maintenance of traffic signal, for Subdivision 04- 08918, for project being developed by Thomas/DeNova, LLC, as recommended by the Public Works Director, Bay Point area. (District V) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant of,Easement for SD 04-08918 Thomas/DeNova, Bay Point V access and maintenance APN 099-210-019 LLC of traffic signal I hereby certify that this is a true and correct copy of an LS:ie action taken and entered on the minutes of the Board of G:\EngSvc\BO\2008\10-07\SD 04-08918-2 BO-27 FORM.docx Recording to be completed by Clerk of the Board Supervisors on the date shown. cc: Current Planning,Department of Conservation and Development Thomas/DeNova,LLC 3100 Oak Road,Suite 140 Walnut Creek,CA 94597 ATTESTED: Attn:Ian Baird DAVID TWA, Clerk of the Board of Supervisors and County Administrator By � Deputy RESOLUTION NO.2008/ 0O" �- -= IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded at the request of: CONTRA COSTA Co Recorder Office Contra Costa County Public Works Department STEPHEN L, WEIR clerk-Recorder DOC_ 2008-0220594-00 Return to: Wednesday, OCT 08, 2008 09:22:16 Public Works Department FRE $0.00; Engineering Services Division Ttl Pd $0,00 Nbr-0004223245 255 Glacier Drive 1 rc/223245 Martinez, CA 94553 Attn: Records Section GRANT OF EASEMENT THIS INDENTURE, made by and between THOMAS/DeNOVA, LLC, a California limited liability company, hereinafter called the GRANTOR, and CONTRA COSTA COUNTY, a political,subdivision 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)for the reconstruction, removal, replacement, repair, upgrade, maintenance, operation, and use of the control loops for the traffic signal over and in that certain real property in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE EXHIBITS "A" AND "B" 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. 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 '144 day of aggdL, 2008. Thomas/DeNova, LLC A California limited liability company By: DeNova Homes, Inc., A Califoris corporation M r tuber By: David Sanson, President By: Steven P. homas, Manager/Member ABOVE SIGNATURES MUST BE NOTARIZED MT:sr G:\RealProp\Michele\Deeds\EA.06 Grant.Easement.Thomas DeNova Willow Pass State of California ) County of Contra Costa ) On ARM 7, 2008 before me, Karen L. Zook Notary Public(here insert name and title of the officer), personally appeared Steven P. Thomas, 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 signatu're(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 qnd official seal. Signature / `a` ' (Seal) KAREN''Z:0untyMYCOMM.Expires K Commission# 8708 Notary Public• ifornia Contra Costa Aug 29,2009r (notary)(12-07) State of California ) CountyOR)-; of Contra Costa ) On Y 1 1 ; W09 before me, Di(A�C1134 L• 5'Z , Notary Public(here insert name and title of the officer), personally appeared l7q `i�n5nn 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 tome that heey executed the same in his/#ter/tlteir authorized capacity(ies),and that by his/bey#keir signature(5) on the instrument the person(s), or the entity upon behalf of which the person(5) 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 fw hgnd and official seal. ` Signature (Seal) OtANA KAI�Z Commbebn Ir 1662333 a' Not Public-Cafifomla Contra Costa County My Comm.Expirea.lW 16,201 (notary)(12-07) EXHIBIT "A" — EASEMENT (PARCEL A) THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, DESCRIBED AS FOLLOWS. BEING A PORTION OF PARCEL A AS SHOWN ON THE.MAP ENTITLED "SUBDIVISION 8918 - WILLOW PASS BUSINESS PARK" RECORDED OCTOBER 23, 2006 IN BOOK 497 OF MAPS AT PAGE 6, CONTRA COSTA COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE EAST MOST CORNER OF PARCEL A AS SHOWN ON SAID MAP (497 M 6), THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT, SOUTH 88'04'11" WEST, 13.55 FEET, THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID PARCEL A (497 M 6), NORTH 49'53'57" WEST, 59.28 FEET, THENCE LEAVING SAID NORTHEASTERLY LINE, SOUTHWESTERLY, SOUTH 44'39'06" WEST, 55.59 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL A (497 M 6); THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, SOUTH 4520'54" EAST, 55.00 FEET TO A POINT ON A TANGENT CURVE, THENCE ALONG SAID TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 41'42'41" FOR AN ARC DISTANCE OF 14.56 FEET TO A POINT ON A NON—TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIAL BEARING OF SOUTH 4722'10" EAST, SAID POINT ALSO BEARS NORTH 2538'04" WEST, 32.61 FEET FROM A 2" BRASS DISK WITH PUNCH IN MONUMENT WELL STAMPED "CALIFORNIA DIVISION OF HIGHWAYS",- THENCE IGHWAYS";THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL A (497 M 6) AND SAID NON—TANGENT CURVE, HAVING A RADIUS OF 1030.00 FEET THROUGH A CENTRAL ANGLE OF 04'11'04" FOR AN ARC DISTANCE OF 75.22 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 4,015 SQUARE, FEET, MORE OR LESS. QFiOFESS/pN K. l flys( No. 33249 z E 30-OB l- S�qT f OFC 7436 OR ✓72 �� QFtOFESSIpN 16844 OR 483 EXHIBIT B o K. L q� (P.G. EJ EE5 No. C33249 rrnn Z E —30-08 "' 7624 OR 279 16844 OR 488 �q CIVIL pEL `^"( ' �� ✓� As GRAPHIC SCALE 20 0 10 20 Ll 9S� ( IN FEET ) ^� /y \ 1 inch = 20ft. COs os- �ss i t I I I I I I F I I I I I S88"04'11 P.OB. 13.55'/ I L=75.22' I I I I R= 0' / L07 '13 I d=4'*1111''0404" 1497 M 6) I I L=14.56' I R=20.00' / 4=41'42'41 N86'21'47"E(R) . LEGEND �� -J POB POINT OF BEGINNING / ( f LOT LINE (R) RADIAL MONUMENT CAL TRANS MONUMENT