HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-535 cl /0
THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF
THE CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT, CALIFORNIA
Adopted this Resolution on October 19, 1999, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA
NOES: NONE
ABSENT: GERBER
ABSTAIN: NONE RESOLUTION NO. 991535
Deerings Water Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Cade § 25526.6
Conveyance of an Easement to the City of rentwood
Marsh Creek Channel
Project No. 0651-61-083A
Brentwood Area
CP No. 99-49
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 October 29, 1965, in Book 4983 at page 593, in the Brentwood area. The City of
Brentwood has requested an easement over a portion of said property, described in Exhibits "A"and "B„
attached hereto, for sewer purposes. This Board FINDS that the conveyance of such easement is in the
public interest and will not substantially conflict or interfere with the District's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to The City
of Brentwood 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 the Easement
on behalf of the District.
The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee.
This Board hereby FINDS that the project will not have a significant effect on the environment, and
that it has been determined to be exempt from the California Environmental Quality Act under State
CEQA guidelines Section 15061 (b)(3). This Board DIRECTS the Director of Community Development
to file a Notice of Exemption with the County Clerk, and DIRECTS the Public Works Director to arrange
for payment of the $25.00 handling fee to the County Clerk for filing and a $25.00 fee to Community
Development for processing of the Notice of Exemption. This activity has been found to conform to the
General Plan of the County.
LO:eh I hereby certify that this is a true and correct
G:\GrpData\RealPmp\1999-Piles\99-10\BR27AMarshCmakchannal.doc copy of an action taken and entered on the
Grly.Dept s Public Works(R/P) minutes of the Board of supervisors on the
Contact: L.Lucy Owens(313-2229) date shown.
ccs Public Works Accounting
Public Works Records ATTESTED: OCTOBER 19, 1999
Grantee I�'))
(vi R
Recorder(via / PHIL BATCHELOR,Clerk of the Board of
Community Development Supervisors and County Administrator
By CX Deputy
RESOLUTION NO. 99/ 535
. . . .. .... . . ... ......
JULY 7, 1995
JOB NO. : 94453-30
REVISED: 8/12/95
EXHIBIT 'A'
LEGAL DESCRIPTION
15 FOOT SANITARY SEWER EASEMENT
CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
BRENTWOOD, CALIFORNIA
REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF
BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED RECORDED
OCTOBER 29, 1965, IN BOOK 4353 OF OFFICIAL RECORDS, AT PAGE 593, IN
THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A STRIP OF LAND FIFTEEN (15.00) FEET WIDE, THE CENTERLINE OF
WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERN CORNER OF PARCEL B, AS SAID PARCEL B IS
SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY RECORDED
APRIL 6, 1966 IN BOOK 41 OF LICENSED SURVEYOR' S MAPS, AT PAGE 12, IN
SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY;
THENCE, FROM SAID POINT OF COMMENC'EMEN'T, ALONG THE NORTHEASTERN AND
SOUTHEASTERN LINES OF SAID PARCEL B, THE FOLLOW114G THREE (3) COURSES:
1) SOUTH 34047' 08" EAST (THE BEARING OF SAID NORTHEASTERN LINE
BEING TAKEN AS "SOUTH 34"47' 08" EAST" FOR THE PURPOSE OF
MAKING THIS DESCRIPTION) 86.75 FEET,
2) SOUTH 55012' 52" WEST 30 . 00 FEET, A14D
3) SOUTH 34047' 08" EAST 35.76 FEET TO A POINT ON THE
NORTHWESTERN LINE OF SAID PARCEL OF LAND (4983 OR 594) ;
THENCE, ALONG SAID NORTHWESTERN LINE, ALONG THE ARC OF A NON—TANGENT
308 .00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID
CURVE BEARS SOUTH 51°4752" EAST, THROUGH A CENTRAL ANGLE OF 06059' 00",
AN ARC DISTANCE OF 37 . 54 FEET TO THE POINT OF BEGINNING FOR THIS
DESCRIPTION;
\\CUG2\\\CBG2\PROD ECfS\94453-30\Lg-023.duc
LEGAL DESCRIPTION JULY 7, 1998
PAGE TWO JOB NO. : 94453--30
REVISED: 0/12/98
THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHWESTERN LINE,
SOUTH 52001' 91" EAST 115. 27 FEET TO A POINT ON THE SOUTHEASTERN LINE OF
SAID PARCEL OF LAND (4983 OR 594) , AND TO THE POINT OF TERMINUS FOR
THIS DESCRIPTION.
THE SIDELINES OF SAID STRIP OF LAND ARE TO BE SHORTE14ED OR LENGTHENED
TO TERMINATE ON THE NORTHWESTERN AND SOUTHEASTERN LINES OF SAID PARCEL
OF LAND (4983 OR 594) .
END OF DESCRIPTION
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L.S. 7176
EXPIRES: DECEMBER 31, 1999
\\CBG2\\\CBG2\PROJECTS\94453-30\Lg-023.doc
EXHIBIT B
P.O,C.
BIEDERNIAN
PARCEL 8
41 LSM 12
R=308.00 Ss� fo
L=37.54'
GrF06`59'00" � 0
1 0
P.O.B.
0,
15.00' SANITAIRY SEWER
EASEMENT
r
CONTR COS-IAA COUNTY FLOOD `
CONTROL AND WAITR
CONSERVATION DISTRICT
( ,983 OR 594)
(MARSH CREEK) DIANDA
PLAT TO ACCOMPANY LEGAL DESCRIPTION
15.00 FOOT SANITARY SEWED EASEMENT
CONTA COSTA COUNTY (MARSH CREEK)
BRENTWOOD, CALIFORNIA
AUGUST 1998
Carlson, Barbas, & Gibson, Inc.
CIVIL ENGINEERS • SURVEYORS + PLANNERS
2000 CROW CANYON PLACE, SUITE 250 SAN RADON, CALIFORNIA 94583
TELEPHONE: (925) 866-0322 FAX- (925) 866-8575
J00 W. 94455-30 -t\94453\ACAD\PLAT\P[A1-..SS'
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FILE NO.: 4361-6G5392 CP IVC?.: 99-49
ACTIVITY NAME: Brentwood Sewer Easement
DATE: June 14, 1999
PREPARED BY: Trina Torres
This activity is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 5, Section 169£1 (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:
Contra Costa County is granting a perpetual 15-foot wide sanitary sewer easement over
Contra Costa Flood Control and Water Conservation Districts Marsh Creek Channel to the
City of Brentwood. The District will maintain ownership of the parcel. The easement is for
right of way to install, construct, reconstruct, remove, replace, repair, upgrade, maintain,
operate and use a sanitary sewer line and appurtenances thereto. The City of Brentwood
will be responsible for obtaining CEQA compliance for activities associated with the
maintenance and operation of the sanitary sewer line.
LOCATION:
The property is located along the west side of Walnut Blvd., south of the Southern Pacific
Railroad near the City of Brentwood (Figures 1-3).
REVIEWED BY: DATE: L71
Cece Seligren
Environmental Planner
APPROVED B<I i DATE:
Community Development RepresentatiA
G:1GrpDsta\EngSvclENviRot99pmjectstGEQAonly\Determination-Exempt\
Brentwood Sewer Easement.doc
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street,4th Floor-North Wing,McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 313-2296 Contact Person:Cece_Sellgren - Public Works Dept.
Project Description, Common Name (if any) and Location: Brentwood Sewer Easement, County File
#CP99A9Prcject Description: Contra Costa County is granting a perpetual 15-foot wide sanitary sewer
easement over Contra Costa Flood Control and Water Conservation District's Marsh Creek Channel
to the City of Brentwood. The District will maintain ownership of the parcel. The easement is for right
of way to install, construct, reconstruct, remove, replace, repair, upgrade, maintain, operate and use
a sanitary sewer line and appurtenances thereto. The City of Brentwood will be responsible for
obtaining CEQA compliance for activities associated with the maintenance and operation of the
sanitary sewer line. Project location: The property is located along the west side of Walnut Blvd.,
south of the Southern Pacific Railroad near the City of Brentwood.
This project is exempt from CEQA as a:
— Ministerial Project (Sec. 15268) Other Statutory Exemption, Section_
Declared Emergency (Sec. 15269(a)) 1_ General Rule of Applicability(Section 15061(b)(3)
— Emergency Project (Sec. 15269(b) or(c))
Categorical Exemption,
for the following reason(s): 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 FILING AND POSTING
1 declare that on I received and posted this notice as required by
Califomia Public Resources Code Section 21152(c). Said notice will remain posted for 30
days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: Trina Torres County Clerk Fee$50 Due
G:\GrpData\Fng Svc\ENVI RO\99projects\CEQAonly\
NOE\Brentwood Sewer Easement.doc
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Recorded at the request of:
City of Brentwood
After recording return to:
City of Brentwood
708 aro Street
Brentwood, CA 94513
Attention: id .
cl-rr
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 The City
of Brentwood, a Municipal Corporation, hereinafter called GRANTEE, a nonexclusive right
to a perpetual 15-Moot wide sanitary sewer easement and right of way for installing,
constructing, reconstructing, removing, replacing, repairing, upgrading, maintaining,
operating and using a sanitary sewer line 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 AND PLAT MAP SEE ATTACHED EXHIBITS "A" AND „B„
The foregoing grant is made subject to the following terms and conditions:
The primary use of the Property subject to this easement(hereinafter the"Property")
is for flood control purposes, including but not limited to channel and pipeline
excavation, construction repair, widening, deepening and maintenance, and all
other flood control purposes. GRANTEE acknowledges and agrees that the use
just described constitutes the primary use of the Property and that any and all rights
granted or implied by this Grant of Easement are secondary and subordinate to the
primary use of the Property by the DISTRICT, its successors and assigns.
GRANTEE shall not, at any time, use or permit the public to use the easement area
in any manner that will interfere with or impair the DISTRICT's primary use of the
Property. GRANTEE shall not fence the easement without the prior written approval
of the DISTRICT, and shall remove any fencing when requested by DISTRICT to
do so. GRANTEE shall not otherwise obstruct the easement area.
2. GRANTEE hereby acknowledges DISTRICT's title to said lands and agrees never
to assail or resist said title.
3. (a) GRANTEE shall, prior to any construction, reconstruction, remodeling,
excavation, installation or plantings within the subject easement area, submit
specific plans and specifications to DISTRICT for review and approval. Such
approval, together with any additional requirements, is to be in the form of a written
permit issued by DISTRICT to GRANTEE. DISTRICT agrees upon approval of
permit, that Grantee will not be required to modify or relocate its facilities in a
manner which would result in a threat to public health and safety.
(b) Non-nal maintenance by GRANTEE of its facilities within the easement area,
Including inspection and cleaning of existing pipelines, shall not require prior notice
to the DISTRICT. GRANTEE shall perform maintenance of its facilities, so as to
prevent damage to the site.
4. DISTRICT reserves the right to require GRANTEE to modify its facilities, to relocate
said facilities within the easement area or, at DISTRICT's sole discretion,to remove
its facilities from the easement area at GRANTEE's sole expense. In the event that
GRANTEE fails to commence the required work within 90 days after being directed
to do so by DISTRICT, or such reasonable extension as DISTRICT may agree to
in writing, or fails to complete the required work within a reasonable time thereafter,
DISTRICT may perform or complete the work at the expense of GRANTEE, which
expense GRANTEE agrees to pay to DISTRICT promptly upon demand, including
but not limited to engineering costs and any legal expenses incurred to collect such
costs. If GRANTEE's facilities are removed from the current easement area
GRANTEE shall promptly quitclaim to DISTRICT its interest in the vacated
easement area.
6. Any and all DISTRICT facilities, landscaping or other improvements, removed or
damaged as a result of the use of the easement area by GRANTEE, or any other
person or entity acting under GRANTEE's direction or control, shall, at DISTRICT's
discretion and direction, be repaired or replaced by DISTRICT, with all reasonable
costs and expenses to be paid by GRANTEE (including but not limited to
engineering costs and legal costs of collecting any unpaid expenses) or shall be
repaired or replaced by GRANTEE, at the sole cost and expense of GRANTEE,
equivalent to or better than their existing condition. In the event that GRANTEE
fails to commence the required work within 90 days after being directed to do so by
DISTRICT, or such reasonable extension as DISTRICT may agree to in writing, or
fails to complete the required work within a reasonable time thereafter, DISTRICT
may perform or complete the work at the expense of GRANTEE, which expense
GRANTEE agrees to pay to DISTRICT promptly upon demand, including but not
limited to engineering costs and any legal expenses Incurred to collect such 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 or any other person
or entity acting under DISTRICT`s direction or control, the damage shall be repaired
by GRANTEE and the pre-approved 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
2
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 pre-approved 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, licenses, 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 4 of
this easement, including the rights and remedies contained therein. GRANTEE
agrees to take all precautions required to avoid damage to the facilities of the
existing users. If GRANTEE damages the facilities or improvements of any existing
user, GRANTEE shall repair or replace such facilities at GRANTEE's sole cost and
expense. Nothing contained herein shall be construed to prevent DISTRICT from
granting other easements, franchises, licenses 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 persons and to property arising out of
GRANTEE's use of the Properly. 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 operations, acts or omissions pursuant to this easement, or the
GRANTEE's 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
3
DISTRICT as to any matter, 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 substance,
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,water, geologic, 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,
experience and investigations as to the present and future condition of the Property
or its suitability for GRANTEE's intended use. GRANTEE agrees that neither
GRANTEE, Its heirs, successors or assign 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 section 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)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 increase 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
4
9. 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.
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 falls 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
titre 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. 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.
13. This grant of easement 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.
14.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.
15. 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.
5
16. No obligation other than those set forth herein will be recognized.
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this 19TH day
of . OCMBER , 1932.
CONTRA COSTA COUNTY FLOOD GRANTEES)
CONTROL & WATERJQONSERVATION DISTRICT THE CITY OF BRENTWOOD
By By SEE RESOLUTION 99-170 ATTACHEL
ir, o of Supervisors
S OF CALIFORNIA)
C NTY OF CONTRA COSTA j
On October 19, 1999 before me, Phil
Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costs County,
personally appeared-Joseph .an_r_;amj 11 a
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
he/she/they executed the same In his/her/their autho-
rized capacity(ies), and that by his/her/their signs-
ture(s)on the instrument the person(s),or the entity
upon behalf of which the person(s)acted,executed
the instrument.
By:
Deputplierk
Form Approved(08/98)
Victor J.Westman,County Counsel
98-9/ea 17pa cb
6
JULY 7, 1998
JOB NO. : 94453-30
REVISED: 8/1.2/98
EXHIBIT 'A'
LEGAL DESCRIPTION
15 FOOT SANITARY SERER EASEMNT
CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
BRENTWOOD, CALIFORNIA
REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF
BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED RECORDED
OCTOBER 29, 1965, IN BOOK. 4983 OF OFFICIAL RECORDS, AT PAGE 593, IN
THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A STRIP OF LAND FIFTEEN (15.00) FEET WIDE, THE CENTERLINE OF
WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERN CORNER OF PARCEL B, AS SAID PARCEL B IS
SHOWN AND SO DESIGNATED ON THAT CERTA114 RECORD OF SURVEY RECORDED
APRIL 6, 1966 IN BOOK 41 OF LICENSED SURVEYOR' S MAPS, AT PAGE 12, IN
SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; •
THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHEASTERN AND
SOUTHEASTERN LINES OF SAID PARCEL T3, THE FOLLOW 1 TJG THREE (3) COURSES:
1) SOUTH 34047' 08" EAST (THE BEARING OF SAID NORTHEASTERN LINE
BEING TAKEN AS "SOUTH 34047' 08" EAST" FOR THE PURPOSE OF
MAKING THIS DESCRIPTION) 86. 75 FEET,
2) SOUTH 55012' 52" WEST 30. 00 FEET, A14D
3) SOUTH 34047' 08" EAST 35.76 FEET TO A POINT ON THE
NORTHWESTERN LINE OF SAID PARCEL OF LAND (4983 OR 594) :
THENCE, ALONG SAID NORTHWESTERN LINE, ALONG THE ARC OF A NON—TANGENT
308.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID
CURVE BEARS SOUTH 51°47152" EAST, THROUGH A CENTRAL ANGLE OF 06059100",
AN ARC DISTANCE OF 37.54 FEET TO THE POINT OF BEGINNING FOR THIS
DESCRIPTION;
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LEGAL DESCRIPTION JULY 7, 1998
PAGE TWO JOB NO. : 94453-30
REVISED: 8/12/98
THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHWESTERN LINE,
SOUTH 52001' 51" EAST 115.27 FEET TO A POINT ON THE SOUTHEASTERN LINE OF
SAID PARCEL OF LAND (4983 OR 594) , AND TO THE POINT OF TERMINUS FOR
THIS DESCRIPTION.
THE SIDELINES OF SAID STRIP OF LAND ARE TO BE SHORTENED OR LENGTHENED
TO TERMINATE ON THE NORTHWESTERN AND SOUTHEASTERN LINES OF SAID PARCEL
OF LAND (4983 OR 594) .
END OF DESCRIPTION
R'
NO 7174
®� CALt4CHRISTO HER S. HARMISON
L.S. 7176
EXPIRES: DECEMBER 31, 1999
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RESOLUTION NO. 99-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
AUTHORIZING THE CITY CLERK TO ACCEPT ON THE CITY'S BEHALF CERTAIN
INTERESTS IN REAL PROPERTY
WHEREAS, Government Code Section 27281 provides that instruments
conveying an interest In real property to the City may not be recorded without a
certificate of acceptance from the City Council; and
WHEREAS, Government Code Section 27281 also provides that the City Council
may, by a general resolution, authorize one or more officers to accept instruments
conveying an interest in real property by executing a certificate of acceptance;
WHEREAS, the City Council desires to delegate to the City Clerk the authority to
accept real property interests on behalf of the City only as to certain "offers of
dedication", "rights of entry`and "minor property acquisitions". Offers of Dedication are
defined as the conveyance of real property for public use as an outright donation, in
exchange for the granting of any land use entitlement by the City (such as subdivision
maps, building permits or zone changes)or to satisfy mitigation requirements resulting
from an environmental review. Rights of Enta are possessory interests in real property
whereby the City Is authorized, for a short duration and for a limited purpose, to enter
upon real property and engage in work for the public benefit. Minor orooerhr
acquisitions are defined as negotiated acquisitions not under the threat of eminent
domain for minor real property Interests in the nature of an easement or fee interest for
a public purpose.
NOW THEREFORE, the City Council of the City of Brentwood does hereby
resolve that:
1. The City Clerk may accept on behalf of the City Council Eti, hit of Entry so long
as each right of entry Is memorialized in a written document signed by the
property owner, made upon the written recommendation of the City Engineer,
Public Works Director or Community Development Director, and obligates the
City to compensate the property owner, If at all, In an amount not to exceed
$5,000.
2. The City Clerk may accept on behalf of the City Council Viers off,Dedi ac tion of
an easement, right of way or fee Interest in real property so long as each offer is
evidenced by a written Instrument signed by the offering property owner,
Irrevocably and without conditions to Its acceptance, and without expectation that
cash compensation or reimbursement will be made by the City.
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.'Xhi it "A J0
CERTIFICATE OF ACCEPTANCE
OF
AN INTEREST IN REAL PROPERTY
BY
THE CITY OF BRENTWOOD
(Government Code Section 27281)
This is to certify that the[offer of dedication gI minor property acquisition] is an interest
in real property conveyed by the instrument from Contra Costa County Flood Control and Water
Conservation District, a political subdivision of the State of California to the City of Brentwood,
a,general law city in the State of California, and is hereby accepted by the undersigned City
Clerk on the City Council's behalf pursuant to the authority of the City Clerk to accept offers of
dedication conferred by City Council Resolution No. 99-170 adopted on July 13, 1999. The City
fiulher consents to its recordation.
ACCEPTED:
Date Kiren Diaz, Ci J Jerk
Recommended for Acceptance:
Da
AhnStevemnson, City Engineer