HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-152 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on April 1, 1997. by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier
NOES: None
ABSENT: Supervisor Canciamilla
ABSTAIN: None RESOLUTION NO.871 152
Deerings Water Code, Uncodified Acts
Act 1656§31
1 West's Water Code, Appendix 64-31
Government Code§25526.6
90131M Conveyance of an Easement to Me City o nUo
Lindsey Basin
Protect No. 7566-6D8369
Antioch 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 deeds recorded on August 14, 1987, in Book 13838 at Page 552, and on
August 23, 1990, in Book 16088 at Page 298, in the Antioch area. The City of Antioch has
requested an easement over a portion of said property, described In Exhibit "K attached
hereto,for a sanitary sewer pipeline. This Board FINDS that the conveyance of such easement
is in the public interest and will not substantially conflict or interfere with the Districts use of the
property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to
the City of Antioch 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 District .
The Real Property Division is DIRECTED to cause said grant of easement to be
delivered to the grantee.
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Orig. Dept.: Public Works RIP an aonon ta!:en am *Moro on ft ropuAn V00/
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Contact: Donna Dawkins (313-2224)
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Public Works Records • •
Grantee (via R/P)
Recorder(via R/P)
Community Development
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(Form upftW"7)
RESOLUTION NO. 971 152
a
RecoMed at the request of:
The City of Antioch
After recording return to:
Attention:
A.P.N. 053-060-009&063-0724W
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 the City of Antioch, a municipal corporation, 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 a sanitary sewer
pipeline and appurtenances thereto, 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 California, described
as follows:
FOR DESCRIPTION SEE ATTACHED EXHIBIT"A"
The foregoing grant is made subject to the following terms and conditions:
#. 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 pians 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 flood control detention basin,
a channel, protection works and appurtenant structures, 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 VwWrom and use earth, rock, sand, and gravel for the
purpose of excavating, widening, deepening, and otherwise rectifying the basin, 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 DISTRICT's primary use of the Property. GRANTEE shall not, at any time, use or permit the
public to use the PIn any manner that will Interfere with or Impair the DISTRICT'S primary use
of the Property. GRAN EE 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 DISTRIC rs 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 work 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.
4. Except In the case of emer7ricy 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 falls so to do,
said work 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, caused by or 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 markings for its own facilities. Subject to the
foregoing, if GRANTEE's properly marked, protected and maintained 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 cost of such repair shall be paid for by DISTRICT. Under
no circumstance shall DISTRICT have any liability to GRANTEE or to any other person or entity, for
consequential or special damages, or for any damages based on loss of use, revenue, profits or
business opportunities arising from or In any way relating to, any damage or destruction of any portion
of the GRANTEE's facilities. GRANTEE hereby acknowledges that its sole remedy for any damage to
or destruction of any portion of GRANTEE's facilities, to the extent DISTRICT Is otherwise so liable
under this Grant of Easement, shall be to require DISTRICT to repair or replace the damaged or
destroyed portion or reimburse GRANTEE for GRANTEE's reasonable costs and expenses in repairing
or replacing the damaged or destroyed portion.
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. 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 attorneys'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 or 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 detoxication 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 farilities, 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 mains 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
herein, 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,
eVerience 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 shalt 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. 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 revWw9d 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 day of
119-.
GRANTOR: GRANTEE:
CONTRA COSTA COUNTY FLOOD CITY OF ANTIOCH
CONTROL&WATER CONSERVATION DISTRICT
By-
Chair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On &xil 1 ._ 1997 before me,Phil Batchelor,Clerk of the
Board of Supervisors and Court r Adm orrrr��a Mosta County,
pully appeared upe sor �e aulHer ,who is
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(*)Islare subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same In his/her/their authorized capac ity(tes),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.
Deputy OFerk
Form Approved(12/96)
Victor J.Westman,County Counsel
By
g:lrealproplte mplantea 17.13
i �
26
EXHIBIT "A"
34 35
U-) BEING A PORTION OF SECTION 34,
CIO T. 2 N., R. 2 E., M.D.B. & M.
3 POINT OF OOMMENCEMENT
FOUND RAILROAD SPIKE @
NORTH 1/4 COR. SEC. 34
POINT OF BEO NNING
cs
10' WIDE SANITARY
SEWER EASEMENT
5' ON EACH SIDE
OF CENTERLINE
�.r PONT 'A'
20' WIDE SANITARY
SEWER EASEMENT
yF ' 5' ON SW'LY SIDE OF CENTERLINE
15' ON NE'LY SIDE OF CENTERLINE
�sr LINE DIRECTION DISTANCE
ti I L1 538'49'15"E 313.91'
+`— L2 S374453"E 107.92'
L3 536'51 '01"E 357.84'
L4 S35'57'07"E 357.84'
d LS
S35'03'1 3"E 358.16'
CGS L6 S34`45'09"E 216.01 ' o a
POINT OF TERMINATION cn cn
E 1/4 COR.
SEC. 34
CENTER SECTION LINE
O 9� c'o
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cam., Lai * 7� � �'� O� 0�'d
Expires:
tY9-30-99
(n w Jtj
z
(� w O. CAS IT tf'
CONTAINING AN AREA OF 0.71 ACRES± 0, ''�
BASIS OF BEARINGS: ALL BEARINGS ARE BASED ON THE
CALIFORNIA COORDINATE SYSTEM ZONE III ESTABLISHED
FROM THE EXISTING MONUMENTED LINE OF LONE TREE WAY ���
AS SHOWN ON CONTRA COSTA CO. PRECISE SECTION OF
STREETS AND HIGHWAYS PLANS NO. 6971, FILED IN BOOK G
5708 OF OFFICIAL RECORDS, AT PAGE 456, BEARING �� 0
SHOWN AS SOUTH 73010'52" EAST. FOR GROUND DISTANCES,
4r�
MULTIPLY EXPRESSED DISTANCES BY 1.00007.
4
I inch - 400 ft,
MCGILL MARTIN SELF INC.
Civil Engineering land Planning Surveying
soo 0 400 Boo
CITY OF ANTIOCH 4 orinda Aay. Suite
or,:ndd, ca g4ss3-z5r.13
40, �
Tel: 510.254.8850
COUNTY OF CONTRA COSTA ,N= S Fax: 510.254.3553
STATE OF CALIFORNIA SHEET 2 OF 2 FILE NO.668SS1 9-25-96 Boa No.668Rw SSB
EXHIBIT "All
Being a portion of Section 34, Township 2 North, Range 2 East, Mount Diablo
Base and Meridian, In the City of Antioch, County of Contra Costa, State of
California, further described as being a portion of that certain parcel of land
described in the deed to the Contra Costa County Flood Control and Water
Conservation District, filed for record August 23, 1990, in Book 1+6068 of Official
Records at Page 298, Records of said County, more particularly described as
follows.
An easement for sanitary sewer purposes, varying In width, the oentedine of
which Is described as follows:
Commencing at the north one-quarter comer of said Section 34, as shown on
that certain map recorded September 6, 1977, in Book 57 of Parcel Maps at
Page 38, Records of said County; thence along the center section line South
01' 01' 34' West, 854.41 feet to the POINT OF BEGINNING; thence leaving
said center section line South 38' 49' 15' East, 313.91 feet to Point W; thence
South 37`44' 53" East, 107.92 feet; thence South 36' 51' 01' East, 357.84 feet;
thence South 35' 57' 07" East, 357.84 feet; thence South 35' 03' 13" East,
358.16 feet to a point lying 41.50 feet southwesterly of, measured at right
angles to the southwesterly line of Southern Pacific Railroad Company
described In the deed to San Pablo & Tulare Railroad, recorded In Book 22 of
Deeds at Page 510, Records of said County; thence on a course parallel with
said southwesterly line South 34` 45' 090 East, 216.01 feet to the POINT OF
TERMINATION, said point lying on the northerly line of that certain parcel of
land described in the deed to Contra Costa County, filed for record February .1,
1994, as Series 9429515, Records of said County.
The width of the above described easement is as follows: the portion lying
between the POINT OF BEGINNING and Point OR is ten (10) feet, five (5) feet
on each side of the above described centerline; the portion lying between Point
'A' and the POINT OF TERMINATION is twenty (20) feet, five (5) feet on the
southwesterly side of, and fifteen (15) feet on the northeasterly side of the
above described centerline.
The sidelines of the above described easement to be lengthened or shortened,
to Intersect the westerly line of said CCCFC & WCD parcel (16068 OR 298)
and the northerly line of said Contra Costa County parcel (94-25515).
Containing an area of 0.71 acres, more or less.
BASIS OF BEARINGS: All bearings are based on the Califomla Coordinate
System Zone III, established from the existing monumented line of Lone Tree
Way, as shown on Contra Costa County Precise Section of the Streets and
Highways Plans No. 6971, filed In Book 5708 of Official Records, at Page 455,
bearing shown as South 73' 10' 62' East. For ground distances, multiply
Sanitary Sewer
CCCFC & WCD parcel �
Job No. 668RW/SSB
September 25, 1996 ✓� ;
Sheet 1 of 2 OWM.7
570
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EXHIBIT "A"
BEING A PORTION OF SECTION 34,
T. 2 N., R. 2 E., M. D. B. & M.
Z ,\
PONT OF COMMENCEMENT
0 .4 FOUND RAILROAD SPIKE @
2 m NORTH 1/4 COR. SEC. 34
0 -
CONTRA
COSTA � LAUREL ROAD
CANAL N'LY LINE OF SEC. 34
POINT OF
TERMINATION
Lo
lip
0 � �
10' WIDE SANITARY SEWERS
EASEMENT
M
0
+ ' POIfT OF APPROXIMATE LOCATION
BEGiNNING Uj 10.00' P. G. & E. ESMT.
z \` 620 0R 255
—j 16.50'CHEVRON ESMT.
LINE DIRECTION DISTANCE z \` 4761 0R 143
L1 N38'49'15"W 135.22' 0
L2 N43'01 '21"W 522.82'
L3 N43'00'39"W 316.32' V)
L4 N43'01 '15"W 33.62'
40
CONTAINING AN AREA OF 10,043 SQ. FT.
BASIS OF BEARINGS: ALL BEARINGS ARE BASED ON THE LAND sL
CALIFORNIA COORDINATE SYSTEM ZONE III ESTABLISHEDv�vs T. scg,-�rpl
FROM THE EXISTING MONUMENTED LINE OF LONE TREE WAY
AS SHOWN ON CONTRA COSTA CO. PRECISE SECTION OF
STREETS AND HIGHWAYS PLANS NO. 6971, FILED IN BOOK j5701 "'
5708 OF OFFICIAL RECORDS, AT PAGE 456, BEARING E pirom:
SHOWN AS SOUTH 73'10'52" EAST. FOR GROUND DISTANCES, 9`30`99
MULTIPLY EXPRESSED DISTANCES BY 1 .00007. � Or CAL%j
1 inch 200 It.
zoo o zoo 40o McGILL MARTIN SELF, INC.
Civil Engineering Land Planning Surveying
CITY OF ANTIOCH inda
Orinda, Way, Suite CA 94583--251313
NV
rel: 510.254.8850
.,o
COUNTY OF CONTRA COSTA , s Fax: 510.254.3553
STATE OF CALIFORNIA SHEET 2 OF 2 FILE NO.668SSt 9-25-96 JOB N0.668RW SS9
EXHIBIT "A"
Being a portion of Section 34, Township 2 North, Range 2 East, Mount Diablo
Base and Meridian, in the City of Antioch, County of Contra Costa, State of
California, further described as being a portion of that certain parcel of land
described in the deed to the Contra Costa County Flood Control and Water
Conservation District, recorded August 14, 1987, In Book 13838 of Official
Records at Page 552, Records of said County, more particularly described as
follows:
An easement for sanitary sewer purposes, ten (10.00) feet in width, lying five
(5.00) feet on each side of, measured at right angles to the following described
centerline:
Commencing at the north one-quarter of said Section 34 as shown on that
certain map recorded September 6, 1977, in Book 57 of Parcel Maps at
Page 38, Records of said County; thence along the center section line South
010 01' 34' West, 854.41 feet to the POINT OF BEGINNING; thence leaving
said center section line North 38' 49' 15' West, 135.22 feet; thence North 43'
01' 21' West, 522.82 feet; thence North 43` 00' 39' West, 316.32 feet; thence
North 43* 01' 15' West, 33.62 feet to a point on the northerly line of said Contra
Costa County Flood Control and Water Control District parcel and the POINT
OF TERMINATION.
Containing an area of 10,043 square feet, more or less.
BASIS OF BEARINGS: All bearings are based on the California Coordinate
System Zone III established from the existing monumented line of Lone Tree
Way, as shown on Contra Costa County Precise Section of the Streets and
Highways Plan No. 6971, filed In Book 5708 of Official Records at Page 456,
bearing shown as South 73` 10' 520 East. For ground distances, multiply
expressed distances by 1.00007.
END OF DESCRIPTION
Sanitary Sewer - Phase I
CCCFC & WCD Parcel
Job No. 668-RW/SSB
September 25, 1996
Sheet 1 of 2 OOM.7
5701
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