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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-445 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 1, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None RESOLUTION NO. 98/ 445 (Gov. Code § 25526.6) SUBJECT: Conveyance of Easement to East Bay Municipal Utility District Project No. 4660-6X4158 Bay Point Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by deeds in the Bay Point area for roadway purposes. The East Bay Bay Municipal Utility District has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for access to their aquaduct facility. This Board FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the County's use of the property. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to East Bay Municipal Utility District over the property described in Exhibit "A" attached hereto, pursuant to Government Code Section 25526.6 and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the County. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee. KAL:gpp I hereby certify that this is a true and correct G:\GrpData\RealProp\98-8\BR27EBMUD.doc copy of an action taken and entered on the Orifi. Dept.: Public Works (RIP) minutes of the Board of Supervisors on the Contact: Karen A. Laws (313-2228) date shown. cc: Public Works Records Grantee (via RIP) ATTESTED: Recorder(via RIP) PHIL BATCHE i , Clerk of the board of Supervisors and Cou ty Administrator G:\GrpData\RealProp\98-8\BR27EBMUD.doc By x", / a_ : -- Deputy (Form updated 8198) Fry RESOLUTION NO. 98/ 445 Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez,CA 94553 Attn: Karen A. Laws Portion of Assessor's Parcel No's: 095-140-008,009, 010,011, 095-150-029,and 094-030-005 GRANT OF EASEMENT THIS INDENTURE, made by and between CONTRA COSTA COUNTY, a political subdivision of the State of Caiifomia, hereinafter called the GRANTOR, and EAST BAY MUNICIPAL UTILITY DISTRICT, a Public Corporation, hereinafter called the GRANTEE,. WITNESSETH : That the GRANTOR, for value received, hereby grants to the GRANTEE, and its successors and assigns, a perpetual easement and right of way for ingress and egress purposes (not to be exclusive) over and across that certain real property in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE's successors and assigns forever. CONTRA COSTA COUNTY By 11im - Chair, oard o Supervisors Dated September 1, 1998 STATE OF CALIFORNIA ) COUNTY OF CONTRA OCSTA ) On_Sept. 1, 1998 before me, Phil Batchelor,Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared ,who is 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 acknowledged to me that hefshetthey 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 whichthe person(s)acted,executed the instrument. r Deputy Clerk ABOVE SIGNATURES MUST BE NOTARIZED KALOP G:10ry W4tRaatRopt9L7tfJdM-ElMUd.tlx C.C.Co to EBMUD Permanent Floating Access Easement (C.C.Co. parcel numbers 51312, 51313, 51315, 51316) EXHIBIT "A" A non-exclusive 20-feet in width floating access easement over the following parcels of land acquired by Contra Costa County, California, described as follows: 1. Parcel Three of those parcels of land relinquished by the State of California to Contra Costa County recorded July 28, 1970 in Book 6180 of Official Records at page 298 2. That parcel of land acquired from Barbara J. Siino by Grant Deed recorded April 30, 1993 in Book 18506 of Official Records at page 60. 3. That parcel of land acquired from Albert D. Seen: Construction Company, a limited partnership, and all other persons claiming an interest in the property by Final Order of Condemnation recorded November 8, 1994 as Series Number 94-273031; 4. That parcel of land acquired from Sal N. Siino and Mildred D. Siino, co-trustee's of the Siino Family Trust dated October 23, 1985 by Grant Deed recorded April 30, 1993 in Book 18506 of Official Records at page 65; 5. Parcel One of those parcels of land acquired from E.S. Bertagnolli and Geraldine F. Bertagnolli, his wife, as joint tenants, by Grant Deed recorded July 12, 1993 in Book 18736 of Official Records at page 151. The westerly terminus of said access easement being the easterly line of the"Contra Costa Canal" and the easterly terminus being the southwesterly line of the"East Bay Municipal Utility District Aqueduct." The location of said floating easement lies south of and in close proximity to the southerly right of way of State Route 4. Said easement may be relocated in this area from time to time or by such other route mutually agreeable between the parties hereto. In the event Grantee determines that said floating access easement is no longer necessary for its purposes and so notifies grantor in writing then all rights of Grantee in and to said floating access easement shall thereupon cease and terminate and title thereto shall revert to and vest in Grantor. Grantee shall execute any quitclaim deed required in this regard. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Su s Act. Signature: Licensed Land Surveyor Contra Costa County Public Works Date: Ma 59 gAclericalrexhibits\CCC-EBMU D July 23, 1998 1 C.C.Co. to EBMUD Permanent Floating Access Easement (C.C.Co. parcel number 51310-3 and portion parcel numbers 51307-1, 51308-1) EXHIBIT "A" A non-exclusive floating access easement over the parcels of land acquired by Contra Costa County, State of California described as follows: 1. Parcel 51310-3 of those parcels of land acquired from the Ambrose Park Recreation and Parkway District, a political subdivision of the State of California by Grant Deed recorded May 19, 1995 as Series !Number 95-079599. 2. A portion of parcel 51307.1 acquired from Charles M. Sowell and Mary Lou Sowell, his wife, by Grant Deed recorded December 30, 1991 in Book 17115 of Official Records at page 38 and a portion of parcel 51308-1 acquired from Rodger Henry Mast and Janice Marie Mast, trustees of the Rodger Henry Mast and Janice Marie Mast Trust of 1990 by Grant Deed recorded June 19, 1992 in Book 17602 of Official Records at page 135 further described as follows: Commencing at the northeast comer of parcel 51307-1 (17115 OR 38) thence along the easterly line of said parcel south 0°45'east 11.32 feet to the Point of Beginning; thence from said Point of Beginning south 0°45'east 15.69 feet, to a point on a non-tangent curve, concave to the southeast, a radial to said point bears north 21 049'06"west; thence southwesterly along said curve, having a radius of 495.00 feet; through a central angle of 11 032'51", an arc distance of 99.76 feet; thence north 0045" east 17.44 feet to a point on a non-tangent curve, concave to the southeast, a radial to said point bears north 32°15'36„ west; thence northeasterly along said curve, having a radius of 509.50 feet, through a central angle of 11 007'27" an arc distance of 98.92 feet to the Point of Beginning. The westerly terminus of said access easement being the easterly right of way line of"Memorial Way" and the easterly terminus being the westerly right of way of the "Contra Costa Canal." The location of said floating easement lies south of and in close proximity to the southerly right of way of State Route 4. Said easement may be relocated in this area from time to time or by such other route mutually agreeable between the parties hereto. In the event Grantee determines that said floating access easement is no longer necessary for its purposes and so notifies grantor in writing then all rights of Grantee in and to said floating access easement shall thereupon cease and terminate and title thereto shall revert to and vest in Grantor. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. `uND S11 Signature: � ME Licensed Land Surveyor Contra Costa County Public Works /I-A/--p Date: gAclericallexhlbits\Ambrose Park Rec.doc C#Iw July 23, 1998 1