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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-049 Va q THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 28, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciam lla, DeSaulnier NOES: Done ABSENT: None ABSTAIN: None RESOLUTION NO. 971 49 Deerings Water Code, Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 64-31 Government Code § 25526.6 SUBJECT: Conveyance of a recycled water easement to Central Contra Costa Sanitary District Project No. 7505-6F8173, FC Permit File: 616-96 CP No. 96-60 Martinez Area The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: Contra Costa County Flood Control and Water Conservation District acquired certain real property by deed recorded on August 14, 1982, in Book 4181 at page 30, and by deed recorded on February 2, 1971, in Book 6308 at page 660, in the Martinez area. Central Contra Costa Sanitary District has requested an easement over a portion of said property, described in Exhibit "A"attached hereto, for recycled water pipelines. This Board FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the Flood Control District's use of the property. This Board hereby APPROVES and AUTHORIZES the conveyance of a recycled water pipeline easement to Central Contra Costa Sanitary District over the property described in Exhibit "A"attached hereto, pursuant to the above-referenced statutory authorities and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the Flood Control District in consideration for the payment received by the Flood Control District of the processing cost. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee. RESOLUTION NO. 97149 Central Contra Costa Sanitary District (Conveyance of Recycled Water Easement) January28,1997 Page 2 The Board hereby FINDS that the project will not have a significant effect on the environment, and DETERMINES that the project is exempt from the requirements of the California Environmental Quality Act under State CEQA pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines, and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Worms Director to arrange for payment of the $25.00 handling fee to the County Cleric for filing of the Notice of Exemption. Orig.Dept.: Public Works(RIP) Contact: Donna Dawkins(313-2224) cc: Public Works Accounting I !tJ+Ir M a tw ane a m*a�r of Public Works Records an *owl S WW a' on Ow MMUM d"M lame o1par .$ 7 Public Works Design (V.Germany) PHIL SATCHEL C**of Grantee(via R/P) are wo oo:* Recorder(via R/P) gArealpropVemp1br27A.t1 RESOLUTION NO. 97/ 49 EXHIBIT A REAL PROPERTY in the county of Contra Costa, state of California described as follows: All that portion of the parcel of land described in the deed to Contra Costa County Flood Control and Water Conservation District (CCCFC&WCD) recorded on August 14, 1962 in Book 4181 of Official Records of said county at page 30 (4181 O.R. 30) together with alt that portion of the parcel of land described in the deed to CCCFC&WCD recorded on February 2, 1971 in Book 6308 at page 660, said county records (6308 O.R. 660) that lie within a 10 foot wide strip of land the centerline of which is delineated upon Exhibit B attached hereto and made part hereof and Is described as follows: Commencing at a found 2 % inch iron pipe tagged "CEN SAN" as shown upon the Amended Map - Record of Survey filed on March 9, 1972 in Book 54 of Licensed Surveyors Maps at page 50, said county records (54 L.S.M. 50); thence north 21 ' 53' 24" east 1323.78 feet along the northwesterly line of Grayson Creek Channel as shown upon said Record of Survey (54 L.S.M. 50) to a found 1 inch iron pipe tagged "CEN SAN" as shown upon said Record of Survey; thence south 21 ' 53' 24" west 137.25 feet along said northwesterly line to the POINT OF BEGINNING; thence from said POINT OF BEGINNING leaving said northwesterly line south 68' 29' 22" east 32.51 feet; thence south 8' 54' 51" west 6.04 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 2500.00 feet, a radial to said beginning of curve bears north 10' 35' 54" east; thence southeasterly along said curve through a central angle of 4' 21' 16" a distance of 190.00 feet; thence leaving said non-tangent curve north 16" 38' 40" east 6.00 feet; thence south 73` 21' 32" east 24.23 feet to a point on the southeasterly line of Grayson Creek Channel (245 feet wide), said point bears south 21 ' 53' 24" west 104.64 feet along said southeasterly line from an angle point in said line as said line and angle point are shown upon the parcel map filed on December 29, 1980 in Book 91 Parcel Maps at page 41, said county records. Lengthening or shortening the sidelines of abovesaid 10 foot strip of land to meet at angle points and to terminate in the west upon abovesaid northwesterly line of Grayson Creek Channel and in the east upon abovessid southeasterly line of Grayson Creek Channel. - �,SA.NDt✓,,q, l ti" No.SM of c(►1�'�� ` AAKD17182a.dac OP 7162 Vean Creek Exhibit A DP 718Page 1 c1 1 CCcfG`Cf i WCD Jamary S. 1907 Recorded at the request of: 'Central Contra Costa Sanitary District After recording return to: 5019 Imhoff Place Martinez,CA 94553 Attention: Ricardo Hernandez A.P.N. 159-150-047(appurtenant to) 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 called DISTRICT, hereby grants to CENTRAL CONTRA COSTA SANITARY DISTRICT, a special district of the State of California, hereinafter called GRANTEE, a nonexclusive right to a perpetual easement and right of way for installing, constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining, operating and using recycled water pipelines and appurtenances, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situate in the County of Contra Costa, State of Califomia, described as follows: FOR DESCRIPTION SEE ATTACHED EXHIBIT "A" The foregoing grant is made subject to the following terms and conditions: 1. GRANTEE hereby acknowledges DISTRICTS title to said lands and agrees never to assail or resist said title. 2. GRANTEE shall, prior to any construction or installation within the subject easement area, submit specific plans and specifications to 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. The terms of such permit shall not be inconsistent with this easement. 3. a. The DISTRICT Property subject to this easement(hereinafter the"Property")is used for flood control purposes, which may include but are not necessarily limited to the right to construct, reconstruct, inspect, maintain, remove, replace, upgrade, operate, use and repair a channel, protection works and appurtenant structures for the purpose of confining the water of Grayson Creek and its tributaries, to enter upon said land with personnel, vehicles and equipment, to remove all trees and vegetation thereon that interfere with the purpose for which the Property was acquired, to take therefrom and use earth, rock, sand, and gravel for the purpose of excavating, widening, deepening, and otherwise rectifying the channel, and for the construction, maintenance and repair of embankments, protection works, and.appurtenant structures. GRANTEE acknowledges that the use just described constitutes the primary use of the Property and that any and all rights granted or implied by the Grant of Easement are secondary and subordinate to the DISTRICTs primary use of the Property. GRANTEE shall not, at any time, use or permit the public to use the Property in any manner that will interfere with or impair the DISTRICTS primary use of the Property. GRANTEE shall not fence said easement without the express written permission of the DISTRICT first had and obtained and Shall remove any fencing when requested by DISTRICT to do so. The GRANTEE shall not otherwise obstruct the easement area. The GRANTEE shall not use or permit use of the easement for any purpose other than those described in this easement. b. in the event that DISTRICT's work in the easement area will disrupt or otherwise interfere with GRANTEE's facilities, DISTRICT shall provide GRANTEE with as much prior notice as is reasonable under the circumstances before undertaking such activities on the Property. Absent an emergency or other circumstances indicating that a longer or shorter notice should be given, thirty days shall be deemed a reasonable notice. To the extent the circumstances allow, DISTRICT and GRANTEE will use their best efforts to coordinate such worm in the easement area so that said works of construction, reconstruction, upgrading, maintenance, repairs or modifications to or removal of its facilities can be accomplished with a minimum of disruption to the services provided by the GRANTEE. DISTRICT and GRANTEE shall cooperate with one another to provide for the expeditious completion of such work. c. In the event DISTRICT determines that GRANTEE's use of the Property or the exercise of any of its rights hereunder interfere with the DISTRICT's primary use of the Property, GRANTEE shall, at the request of the DISTRICT and at GRANTEE's sole cost and expense, remove, modify or relocate its facilities within the easement area or to a similar easement to be granted to GRANTEE by DISTRICT, to the satisfaction of DISTRICT, within thirty (30) days after written notice to do so. DISTRICT will not require GRANTEE to pay for the relocated easement area, however, in the event GRANTEE fails to do so, said work may be performed by DISTRICT at the expense of GRANTEE which expense GRANTEE agrees to pay to DISTRICT promptJy upon demand including engineering costs and any legal fees incurred to collect said costs. If GRANTEE is granted a new or modified easement by DISTRICT, GRANTEE shall promptly quitclaim to DISTRICT its interest in the prior easement area. 4. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its facilities without first obtaining the prior written approval of its plans by DISTRICT. 5. Any and all DISTRICT facilities, landscaping or miscellaneous improvements, removed or damaged as a result of GRANTEE's use of said lands shall be repaired or replaced equivalent to, or better than, their existing condition at the sole cost and expense of GRANTEE. In the event GRANTEE fails so to do, said worts may be performed by DISTRICT at the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly upon demand, including engineering costs and any legal fees incurred to collect said costs. 6. DISTRICT shall not be held responsible or liable for protecting in place, damage to, or removal of GRANTEE's facilities, appurtenances or improvements, from any damage 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 marking for its own facilities. Subject to the foregoing, if GRANTEE's properly marked facilities are damaged by the sole, active 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 reasonable cast of such repair shall be paid for by DISTRICT. 7. The easement granted hereunder is non-exclusive. This easement is subject and subordinate to all existing rights, rights of way, 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 any such existing user's right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same manner as required by Section 3 of this easement, including the rights and remedies contained therein. Nothing contained herein shall be construed to prevent DISTRICT from granting other easements, franchises 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. a. In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury to the public, to individuals and to property arising out of 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 attomeys'fees, (hereinafter collectively referred to as"liabilities") to persons or property, direct or consequential, directly or indirectly contributed to or caused by GRANTEE's negligence or willful misconduct in its operations, acts or omissions pursuant to this easement, or the GRANTEE's negligence or willful misconduct in its use of the easement, save and except liabilities arising through the sole negligence or sole willful misconduct of the DISTRICT, its officers or employees. 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 Property conveyed pursuant to this easement in an"as is" physical condition, with no warranty express or implied on the part of the DISTRICT as to any matter, including but not limited to the condition of the soil, water, subsurface strata or ambient air in, on, under, at or in the vicinity of the Property. GRANTEE agrees that neither GRANTEE, its heirs, successors or assigns 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 directly caused by GRANTEE's operation or performance under this easement, including all costs, claims, damages (including Property and personal injury) directly 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 have increased 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. 9. a. 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. b. DISTRICT makes no warranty, guarantee, representation or liability, express.or implied, as to the physical condition of the Property, including, but not limited to 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 substances, 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, air, water, geo- logic, environmental and seismic conditions of the Property for the intended use contemplated heroin, 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. 10. in the event GRANTEE shall cease to use the easement hereby granted for a continuous period of one year or in the event GRANTEE abandons any of 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 hereupon cease and terminate and title thereto shall immediately revert to and vest in the DISTRICT or its successors. Upon any termination of GRANTEE's rights hereunder, GRANTEE shall, upon request by DISTRICT, and at GRANTEE's sole cost and expense, remove all its facilities from said lands and restore said Property to its original condition. Upon failure of GRANTEE so to do, said 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 rights granted hereunder shall be transferred or assigned without the prior written consent of DISTRICT. 12. This easement is granted subject to encumbrances, licenses, leases, easements, restrictions, conditions, covenants, liens, claims of title, and restrictions of record and any prior rights of record, or that would be evident by a physical inspection or an accurate survey, held by others within said land, against which no warranty is made, and the word "grant" shall not be construed as a covenant against the existence of any hereof. GRANTEE shall defend, indemnify, save, protect and hold harmless DISTRICT, its agents, officers and employees, from any claim, action or proceeding to attack, set aside, void or annul this easement. 13. 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. 14. This grant of easement along with DISTRICT permit No. 619-96 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. 15. 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. 16. 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 19th day of December 1 g 96 CONTRA COSTA COUNTY FLOOD CENTRAL CONTRA CO A SANITARY DISTRICT CONTROL&WATER CONSERVATION DISTRICT n By 1'�;'i "L - BV Chair, Board of Supervisors - -- President of the Board of Directors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On January 28. 1997 before me,Phil Batchelor,Clerk of the Board of Supervisors arr ur A8m tr tor�C,�antr Costa County, +Se�tt� d t e st c personalty appeared u s r' ar au neer whois personalty 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 helsheAhey 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: AaAA0 Deputy fffk Form Approved Victor J.Westman,County Counsel By Deputy g:\realprop\temp\ea 17bcccsd.tl 1 `CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.SW State of CALIFORNIA County of CONTRA COSTA On g Z� � 1 before me, WM W GREGORY, NOTARY PUBLIC , WE NAME.TITh OF OFFICER-LO..JANE DOE,NOTARY fwsLIC` personally appeared MARIO M. MENESINI and JOYCE E. MURPHY_. , NWE(s)OF 111100"(S) ® 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 ac- knowledged 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 wGregerson s acted, executed the instrument. AMY c94 P { �cuY Co 1"11 w WITNESS my hand and official seal. SIMATURE OF V&#AY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER (5-rd tt4 Q j/LU2 PRESIDENT and SECRETARY TITLE OR TYPE OF DOCUMENT TME(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR nom} ❑ OTHER: 117 J DATE OF DOCUMENT IMNER IS REPRESENTING. NAME OF ftftt N(8)OR ENTITY(IE8) CENTRAL CONTRA COSTA SIGNER(S)OTHER THAN NAMED ABOVE SANITARY DISTRICT 01993 NATIONAI.NOTARY ASSOCIATION•8296 Pownmat Ave.,P.O.®ox 7184•Canoga Park,CA 91309-7184 EXHIBIT A REAL PROPERTY in the county of Contra Costa, state of California described as follows: All that portion of the parcel of land described in the deed to Contra Costa County Flood Control and Water Conservation District (CCCFC&WCD) recorded on August 14, 1962 in Book 4181 of Official Records of said county at page 30 (4181 O.R. 30) together with all that portion of the parcel of land described In the deed to CCCFC&WCD recorded on February 2, 1971 In Book 6308 at page 660, said county records (6308 O.R. 660) that lie within a 10 foot wide strip of land the centerline of which is delineated upon Exhibit B attached hereto and made part hereof and is described as follows; Commencing at a found 2 %2 inch Iron pipe tagged "CEN SAN" as shown upon the Amended Map - Record of Survey filed on March 9, 1972 in Book 54 of Licensed Surveyors Maps at page 50, said county records (54 L.S.M. 50); thence north 21 * 53' 24" east 1323.78 feet along the northwesterly line of Grayson Creek Channel as shown upon said Record of Survey (54 L.S.M. 50) to a found 1 inch iron pipe tagged "CEN SAN' as shown upon said Record of Survey; thence south 21 ' 53' 24" west 137.25 feet along said northwesterly line to the POINT OF BEGINNING; thence from said POINT OF BEGINNING leaving said northwesterly line south 68' 29' 22" east 32.51 feet; thence south 8" 54' 51" west 6.04 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 2500.00 feet, a radial to said beginning of curve bears north 10' 35' 54" east; thence southeasterly along said curve through a central angle of 4` 21' 16" a distance of 190.00 feet; thence leaving said non-tangent curve north 16` 38' 40" east 6.00 feet; thence south 73' 21' 32" east 24.23 feet to a point on the southeasterly line of Grayson Creek Channel (245 feet wide), said point bears south 21 ' 53' 24" west 104.64 feet along said southeasterly line from an angle point in said line as said line and angle point are shown upon the parcel map filed on December 29, 1980 in Book 91 Parcel Maps at page 41, said county records. Lengthening or shortening the sidelines of abovesaid 10 foot strip of land to meet at angle points and to terminate in the west upon abovesaid northwesterly line of Grayson Creek Channel and in the east upon abovesaid southeasterly line of Grayson Creek Channel. _ NDA. SLq� ,► � .111 No.SM OFC A:i M7182a.dao Grayson Creak Exhf6k A OP 7182 Papa 1 of 1 CCCFCO It WCb January 8. 1997 w ✓ G:. C`1 t 0 c y C3 0 ion t52i*28�eg„� RECORD) CREEK ! ' i l -+- L-10-RECYCLED WATER EASEMENT 1. 4 1 ! ^i2i`!'3'2a^E ! e� 'Da.$a'(T,E) (N21•28'49'-E RECORD) 0. 0 cl n ? VN „ RESOLUTION NO. 96-166 A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE RECYCLED WATER PROJECT - TREATMENT PLANT AND DISTRIBUTION FACILITIES DISTRICT PROJECT NO. 7162 BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT, there is hereby authorized to be accepted a grant of Easement from Contra Costa County Flood Control and Water Conservation District for the Recycled Water Project- Treatment Plant and Distribution Facilities, District Project No. 7162, and that the President and Secretary of the District are authorized and directed to accept said easement on behalf of the District, and THAT staff is authorized and directed to record said easement agreement. PASSED AND ADOPTED this 13th day of December, 1996, by the following vote: AYES: Members: NeJedly, Rainey, Menesi ni NOES: Members: None ABSENT: Members: Boneysteele, Hocket r President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Aim Stry of the Central ntra Costa Sa tary District, County of Contra Costa, State of California ) Approved as to Form: -Kenton L. Alm District Counsel 1, Joyce E. Murphy, Secretary of the CENTRAL CONTRA COSTA SANITARY DISTRICT, of the County of Contra Costa, State of California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 96-166, passed and adopted by said District Board on DEC i 91996 ,,: i i i7 va ------------------------ NiO V �i GRA i iSi ry� Uc� CREEK CHANNEL 00 --+; ------10'RECYCCED WATER EASEMENT N21*53'74^E N14'5710"E (R) _. i fit t:1 i 104.64"(tic) (N21* 79'49"E RECORD) 0 * �1. ' N w� 3 Porn 1024.16 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) FILE NO. 7524-68-8173 CP NO. 96- (1 ACTIVITY NAME: Grant Permission to Work Within Right-of-Way DATE: August 15, 199+6 PREPARED BY: Janet Frattini This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15081 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The purpose of the activity is for the Contra Costa County Flood Control and Water Conservation District (District) to grant the Central Contra Costa Sanitary District permission to install one new recycled water pipe within the District's right-of-way. LOCATION: The property on which the right-of-way is located is at the Imhoff Drive Bridge in Central Contra Costa County (Figures 1-3). REVIEWED BY: ------DATE: Vickie Germany, Environmental Planner APPROVED BY: DATE: ommunity eveiopriment Representative hAdetermin\Ctrisan.det (form revised 4113/95) CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North'Wing, McBrien Administration wilding Martinez, CA 94553-0495 Telephone:(510) 313-2296 ..Contact Person:Vickie Germany- Public Wrks Debt, Project Description, Common Name(if any)and Location: GRANT PERM SSION TO WORK-WITHIN RIGHT-OF County File SCP 96.60: The purpose of the activity is for the Contra Costa County Flood Control and Water Conservation District (District)to grant the Central Contra Costa Sanitary District permission to install one new recycled water pipe within the District's right-of-way. Location: The property on which the right-of-way is located at the Imhoff Drive Bridge in Central Contra Costa County, Martinez area. This project is exempt from CEQA as s: Ministerial Project(Sec. 15268) _ other Statutory Exemption,Section Declared Emergency(Sec. 15268(a)) General Rule of Applicability(Seen 15061(b)(3)) Emergency Project(See. 15269(b)or(c)) Categorical Exemption,Class,,,_,_ Section for the following reason(s): This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF RUNG AND POSTING I declare that on - I received and posted this notice as required by Cellfomla Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the date. Signature Title Applicant: County Public Works Department 255 Glacier D lye Martinez,CA 94553 Ate: Janet Frattini County Clerk Fee$25 Due C) i y CD 0 00 C: k.00 {''� S�yys ✓ryJ a� _.jr � Xt t . 8 ROA D........ :k• b* ° sve 1oCA1601,of P co �. oN S �