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Home My WebLink AboutRESOLUTIONS - 01012004 - 2004-433 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION D'ISTR'ICT, CALIFORNIA Adapted this Resolution on August 10, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE RESOLUTION NO.2004f 433 Deerings Water code, Uncodified Acts ABSTAIN: NONE Act 1656 § 32 West's Water Code, Appendix 64-31 Government Code § 25526.5) SUBJECT: ADOPT Resolution No. 2004/433 approving the conveyance of Contra Costa County Flood Control and Water Conservation District (CCCFC&WC'D) surplus property to the Contra Costa Water District (CCWD). [CP# 02.541 Project No. 7566-6D8302. Antioch Area. District V. The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation district, RESOLVES THAT: 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 as a Class 12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines, and 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 a $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. CCCFC&WCD acquired certain real property on August 14, 1987, Book 13838 of Official Records at page 552 in the Antioch area, a portion of which is described in Exhibit"A"attached hereto, for the construction of the Lindsey Stormwater Detention Basin. Said property is DETERMINED to be surplus and no longer necessary for CCCFC&WCD's purposes and its estimated value does not exceed $25,000.00. This Board hereby APPROVES and AUTHORIZES the conveyance of said property to the Contra Costa Water District, pursuant to Government Code Section 25526.5 and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute a Quitclaim Deed on behalf of CCCFC&WCD. The Real Property Division is DIRECTED to cause said Quitclaim Deed to be delivered to the grantee for acceptance and recording. G:IGrpData\RealProp12004-EileslBOS&RES\BR.26A DeAnza Trail.doc I hereby certify that this its a true and correct Orig.Dept.: Public Works€R/P) copy of an action taken and entered on the Contact: Olivia D.Reynolds{313-2306) minutes of the Board of Supervisors on the Recording to be completed by contra Costa Water District date shown. cc: Public Warks Accounting Public Works Records ATTESTED: AUGUST IO 2()04 Public Works Environmental i Grantee(via R/P) JOHN SWEETEN, Clerk of the Board of Recorder(via RIP) Supervisors and County Administrator Community Development Dept. Board Orders senior Clerk,Adm. By ��' Deputy RESOLUTION NO. 2004/ 433 Recorded at the request of., After recording return to: Contra Costa Water District 1339 Concord Avenue P.O.Box H2O Concord, CA 94624-2099 Assessor's Parcel No_053-0601-f1U9(portion of) QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to CONTRA COSTA WATER DISTRICT, a local agency of the State of California,the following described real property in the City of Antioch, State of California. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. FLOOD CONTROL & WATER CONSERVATION DISTRICT Date: AUGUST 10, 2004 ---- hair, Board of Supervisors STATE of CALIFORNIA ) COUNTY OF CONTRA COSTA ) OnALtM 10, -fore me, Ili'L. S[W Deputy Clerk of the 0oard of supervisors,Contra Costa County,personally appeared Std:; FEDFM.r who is personally known to me torr 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 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:-/ - G:1GrppatatRealPropt2004-Fites104-71bE 04 peAnza Trail.doc 4/29!03 Exhibit "A„ Fee Title A portion of that certain parcel of land described in the deed to Contra Costa County Flood Control and Water Conservation District filed August 14, 1987 in Book 13838 at page 552 Official Records of Contra Costa County, CA described as follows: Beginning at the most Northwesterly corner of said parcel (13 83 8 OR 552)being an angle paint on the boundary of that parcel of land described in the deed to the United States of America recorded March 10, 1938 in book 463 of Official Records at page 17; Thence along the southerly line of said U.S.A. parcel (463 OR17),North 89°38'00°" East, 132.16 f1 to a point of cusp; Thence along a curve concave to the Southeast the center of which bears South 10°38'27" East; having a radius of 90.00 ft, through a central angle of 72°41' 34", an arc length of 114.19 ft. to a point on the Westerly line of said Contra Costa County Flood Control District Parcel (13838 OR 552); Thence, along said westerly line,North 37'35'00" Nest 97.57 feet to the Point of Beginning, gLoFESSIO�r.. No 1522.7 { Exp 3/31105 it i Cm1. —v Z- G:'99i�iGk gncspOPdmf e.�as<nrcni$tYSTRtrnt-02tl<01 .......1.11....................................................................................................................................................................... ........................................................................................................................................................................................................................ . ................................ ...... EXHIBIT B 59 USER P. O.B. 463 or 17 N89*38'00'vE 132.16/ tK C� CO `fid �' tK U� g /j fgC)� ��. AREA 3,862 sf CCWD CCCFC & WCD L3 16536 or 953 �0 R 13838 or 552 —N— ,3 C) No 1 Exp 3131/05 M' 0 30 60 CIO. OF C I inch = 30 ft. PLAT TO ACCOMPAW LEGAL DESCRIPTION ug err - PARCEL FROM CCCFC ensen zar & Associates mmummmum AND WCD TO CCWD 1655 N. MAIN ST.. SUITE 310 -WALNUT CREEK, CA 94596 PHONE: (925) 935-7710 - FAX: (925) 935-7763 SCALE: DATE: JOB NO.: CA111'ORNIA : ANTIOCH CONTRA COSTA COUNTY 1 =30 01-30-02 993010K:83d ........... ...........I.......................................................................................................................................................................... ..................................................................................................................................................................................................................... . .. ...................... CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption L I 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: Delta De Anza Trail Property Transfer, County File CP#02-54. Project Description: The project consists of the transfer of property owned by the Contra Costa County Flood Control and Water Conservation District (FC District) to the Contra Costa Water District (Water District). The property, approximately 3,850 square feet(approx.0.09 acres),is located on the northwest portion of the Lindsey Basin (APN#053-060-009),approximately 1,600 ft.west of the intersection of Laurel Road and Neroly Road (Fig.2). As a condition of approval in the Viera Ranch If Subdivision (Sub 7220), KB Homes is required by the City of Antioch to construct the Delta DeAnza Trail between Hillcrest Avenue and Neroly Road in Oakley. This trail is part of the 30-mile long trail, which is managed by East Say Regional Park District (EBRPD),which extends from Walnut Creek Channel in Concord to Holland Tract in the San Joaquin Delta. The trail is on Water District property to the east and west of FC District property(Lindsey Basin).The Water District would improve their access to their existing facilities with the proposed transfer of the FC District property. The FC District does not need the small parcel and wishes to transfer the property to the CCWD. By transferring this portion of the property to the Water District, the trail can be completely on the Contra Costa Water District property and included in their license agreement with EBRPD. This avoids having the FC District to enter into a separate license agreement for the short section of trail. Project Location: The project is located the east county area, in the City of Antioch (Figures 1 –3). This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) Other Statutory Exemption,Section — Declared Emergency(Sec. 15269(a)) —General Rule of Applicability(Section 15061(#0(3) Emergency Project(Sec. 15269(b)or(c)) 7 Categorical Exemption, Class 12 for the following reason(s): This property is surplus government property, which is not in an area of statewide, regional, or area wide concern as identified in Section 15206 (b)(4). Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California 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\EngSvc\ENVIRO\2002 Projects\CEQA\NOE\Delta DeAnzaTraiiPropTrans.doc ............................................................................................................................................................................... .................................................................................................................................................................................-.--............. TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: August 10, 2004 SUBJECT: ADOPT Resolution approving the conveyance of Contra Costa County Flood Control and Water Conservation District (District) property to Contra Costa Water District (CCWD). Antioch area. District V. [CP#02-54]. Project No. 7566-6D8302 SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. ADOPT Resolution approving the conveyance of Flood Control and Water Conservation District(District)property to Contra Costa Water District(CCWD)for trail purposes. B. DETERMINE that the project is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County guidelines and Section 15312 of the State CEQA Guidelines. C. DETERMINE the property to be no longer necessary for flood control purposes. D. APPROVE and AUTHORIZE the conveyance of said property to CCWD, pursuant to Government Code § 25526.5. E. AUTHORIZE the Chair, Board of Supervisors, to execute a Quitclaim Deed on behalf of the District. Contin ed on Aftachment: X SIGNATURE: -'RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE -10PROVE OTHER SIGNATURE(S): ACTION OF B0#R1J ON APPROVED AS RECOMMENDED XX OTHER AUGUST 10, t4 VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT NONE I hereby certify that this is a true and correct AYES: NOES* copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. G:1GrpData\Rea[Prop\2004-FilesNEOS&RE"O C DeAnza Trall,doc Orig.Div.Public Works(R/P) ATTESTED: AUGUST 10, 2004 Contact: Olivia 0.Reynolds(313-2306) JOHN SWEETEN,Clerk of the Board of Cc: Auditor-Controller(via R/P) Supervisors and Coup".dministrator PW Accounting PW Environmental BY ✓ Deputy Recorder(via R/P) Contra Costa Water District Board Orders Clerk Specialist,Adm. ........................... ............................................................................................................................................................................. ..........................................................................................................................................................................--....... ........ ..... . .................. SUBJECT: ADOPT Resolution approving the conveyance of Flood Control District property to CCWD. DATE: August 10, 2004 PAGE: 2 11. Fiscal Impac None Ill. Reasons for Recommendations and Background: The District acquired certain real property on August 14, 1987 for the construction of the Lindsey Basin. The improvements have been completed. KB Homes, as a condition of approval in the Vierra Ranch 11 Subdivision (Sub 7220), is required to construct the Delta DeAnza Trail between Hillcrest Avenue and Neroly Rd. in Oakley. The trail is on CCWD property to the east and west of District property. CCWD would improve their access to their existing facilities with the proposed transfer of + 3,850 sf of District property. The District does not need the portion and wishes to transfer the property to CCWD. By transferring this portion of the property to CCWD, the trail will be completely on CCWD property and included in their license agreement with East Bay Regional Park District. IV. Consequences of hipgative Action: The District will be required to enter into a separate license agreement for this small section of the trail with all the associated costs and a potential increase in the risks associated to a public access trail. .................................................................................................................................. . .......................... Exhibit "A" Fee Title A portion of that certain parcel of land described in the deed to Contra Costa County Flood Control and Water Conservation District filed August 14, 1987 in Book 13838 at page 552 Official Records of Contra Costa County,CA described as follows: Beginning at the most Northwesterly comer of said parcel (13838 OR 552)being an angle point on the boundary of that parcel of land described in the deed to the United States of America recorded March 10, 1938 in book 463 of Official Records at page 17; Thence along the southerly line of said U.S.A. parcel (463 ORI 7),North 89'38'00" East, 132.16 ft to a point of cusp; Thence along a curve concave to the Southeast the center of which bears South 10"38'27" East-, having a radius of 90.00 ft, through a central angle of 72'41' 34", an are length of 114.19 ft. to a point on the Westerly line of said Contra Costa County Flood Control District Parcel(13838 OR 552); Thence, along said westerly line,North 37'35' 00" West 97.57 feet to the Point of Beginning. ,�y,OFESS//O_ No 15227 Exp N31105 t-n I IVI\l CI A