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,
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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.
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CCCFCO It WCb January 8. 1997
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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
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------------------------
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Uc� CREEK
CHANNEL
00
--+; ------10'RECYCCED WATER EASEMENT
N21*53'74^E N14'5710"E (R) _. i fit t:1
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104.64"(tic) (N21*
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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
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