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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-045 THE BOARD OF SUPERVISORS, AS THE. GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on January 20, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABS'T'AIN: NONE RESOLUTION NO. 20041 4. Deerings Water Code,Uncodified Acts Act 1656 § 31 Wests Water Code, Appendix 64-31 Government Code § 25526.6 SUBJECT: ADOPT Resolution No. 200414 5 approving and authorizing the conveyance of a Grant of Easement to the Walnut Creek School District for a pedestrian bridge. Project No. 7505-6F8356 CDD-CP##0 1-3 8 Walnut Creek 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 properly by deed recorded on January 21, 1970, in Book 6049 at page 379, in the Walnut Creek area. The Walnut Creek School District has requested an easement over a portion of said property,described in Exhibit"A"attached hereto,for a pedestrian bridge.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. 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 Guidelines, Section. 15061(b)(3), and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk',and DIRECTS the Public Warks 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 flan of the City of Walnut Creek. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to the Walnut Creek School District over the property described in Exhibit"A"attached hereto,pursuant to the above-referenced statutory authorities,and the Chair,Board of Supervisors,is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in consideration for a processing fee in the amount of$2,500. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee. ODR:eh l hereby certify that this is a true and correct Ci:1GrpData\RealProp12004-Files\BOS&RES\BR27A Ped bridgeWC.doc copy of an action taken and entered on the Orig.Dept.: Public Works(RIP) Contact: Olivia D.Reynolds (313-2305) minutes of the Board Of Supervisors on the ccs Public Works Accounting date shown. Public Works Records PW Engineering Services,T.Torres(via R/P) ATTESTED: JANUARY 20, 2004 Grantee(via RIP) Recorder(via RIP) JOHN SWEETEN,Clerk of the Board of Community Development Supervisors and County Administrator Board Carders Clerk Specialist,Adm. By Deputy RESOLUTION NO. 2004145 DETERMINATION THAT AN ACTT'+. _ f IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 7505-6F8356 CP NO.: 01-38 ACTIVITY NAME: Walnut Creek Channel Pedestrian Bridge Easement DATE: August 2, 2041 PREPARED BY: Trina Torres 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. DESCRIPTION OF THE ACTIVITY: The activity consists of granting a 20' by 52' easement that extends over a portion of Contra Costa County Flood Control and Water Conservation District (F.C. District)property, identified as the Walnut Creek Channel. The Walnut Creek School District is requesting an easement from the F.C. District in order to build a pedestrian bridge. As a condition of granting the easement, the F.C. District may remove the pedestrian bridge in the event it becomes damaged and/or impairs the channel or floodway capacity. The activity is located at the Walnut Creek Intermediate School on Walnut Boulevard in the City of Walnut Creek(Figs. 2-3). The easement will extend from the west side of the channel over the channel to the east side. The Walnut Creek School District will be responsible for obtaining CEQA compliance for the actual work being done. General Plan Conformance from the City of Walnut Creek will be obtained. LOCATION: The property is located in the central county area, in the City of Walnut Creek (Figures 1-3). REVIEWED BY: DATE: f Leighlhavez Planner III APPROVED BY: DATE: Community Development Representative G:AGrp0ata\EngSvc\ENViR0\2001 proieds\CEQA anty\Det.ExempMatnut Crk Channel Ped-Bridge Easernent.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT -Noti a of Exemptioln 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 Debt. Project Description, Common Name (if any) and Location Walnut Creek Channel Pedestrian Bridge Easement, County File#CP 41-38. Project Description;The activity consists of granting a 20' by 52' easement that extends over a portion of Contra Costa County Flood Control and Water Conservation District (F.C. District) property, identified as the Walnut Creek Channel. The Walnut Creek School District is requesting an easement from the F.C. District in order to,build a pedestrian bridge. As a condition of granting the easement, the F.C. District may remove the pedestrian bridge in the event it becomes damaged and/or impairs',the channel or floodway capacity. The activity is located at the Walnut Creek Intermediate School on Walnut Boulevard in the City of Walnut Creek.(Figs. 2-3). The easement will extend from the west side of the channel over the channel to the east side. The Walnut Creek School District will be responsible for obtaining CEQA compliance for the actual work being done. General Plan Conformance from the City of Walnut Creek will be obtained. Project Location; The property is located in the central county area, in the City of Walnut Creek (Figures 1-3). This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) Other Statutory Exemption, Section — Declared Emergency(Sec. 15269(x)) ✓ 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 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 54553 Attn: Trina Torres County Clerk Fee$50 Due G:1GrpData\EngSvclENVlR012001 projects\CEQA onlylNOEtWalnut Crk Channel Ped-Bridge Easement.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Not*Ce 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 Sellaren - Public Works Dept. Project Description, Common Name (if any) and Location Walnut Creek Channel Pedestrian Bridge Easement, County File#CP 01-38. Project Description,The activity consists of granting a 20' by 52' easement that extends over a portion of Contra Costa County Flood Control and Water Conservation District (F.C. District) property, identified as the Walnut Greek Channel. The Walnut Creek School District is requesting an easement from the F.C. District in order to build a pedestrian bridge. As a condition of granting the easement, the F.C. District may remove the pedestrian bridge in the event it becomes damaged and/or impairs the channel or floodway capacity. The activity is located at the Walnut Creek Intermediate School on Walnut Boulevard in the City of Walnut Creek(Figs. 2-3). The easement will extend from the west side of the channel over the channel to the east side. The Walnut Creek School District will be responsible for obtaining CEQA compliance for the actual work being done. General Plan Conformance from the City of Walnut Creek will be obtained. Project Location; The property is located in the central county area, in the City of Walnut Creek (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(b)(3) _„_ Emergency Project(Sec. 15269(b)or(e)) Categorical Exemption for the fallowing 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: Dy: Community Development Department representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and pasted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain pasted 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$50 due G.1GrpData\EngSvc\ENV1R0\2001 projects\CEQA only\NOE\Walnut Crk Channel Ped-Bridge Easernent.doc z co a n o m °m 0 — m U) Q) o Z . ° - (� Z m ° r— o F D ---4 D C7 �11: C ) c 09 z 0 0 -u � m _Jf It..=4 m A p G� J 0 �U' b o ED M co 0 C=A O1997 Thomas Bros.Me s _ kq1 t^j,'}'t1^ {., y`L" � y,—.. ```�'^r"'"Z• G3 Lsa7c' ;2 WARREN LN 03 OM r{ tills SM VALIA OA ,..{ '10E!V --t Q ov L7 1NOS ` e4 2: � � �� � pt}� ENCI.NAL DR CASA Wy A j , CS Mr vo �roN�s 17�JW115 LIVE �.�it SWY ` �rtAifiL ESR std.ulybd y <1 SHAP N1 SIE OAK K, h �- �p �y { ;* 6Y T$h t y +r m r cj f '4V"�3 } t3 SU `Gf na T 5 � `4.. OZ St +' ave `k �.•"�` ,� rio a ,ti�� �`y �1 r'�. . .�_.__W_ c.�+ _ 3 •fir �l ov sd .y a ^1r.. iii }�3 � 4:;� � //"`'•�\ e r c+ ls4 jib �..0c)+ �yj f � h ! t i t y } zoa r yG J3fir co O Se .. r .fin_ ' "• ' m `°;`° .raof_--^-- �� P [Lt a S. a I 4 l for 50X In o riV> v3 tri r„z /. 0��d (� -` W � ...- } §'� r'i�r+•+� d1r f `"---._q'-... ��...l...t� lyt} U r rnCI7 EXHIBIT "A'' Recorded at the request of: Walnut Creek School District After recording return to: Walnut Creek School District 960 Ygnacio Valley Rd. Walnut Creek, CA 94596 Attention: Rich Lowell A.P.N. 173-161-012 Walnut Creek Channel 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 "DISTRICT"), hereby grants to the Walnut Creek School District, a public entity(hereinafter"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 bridge for pedestrian purposes and incidents thereto across the Walnut Creek Channel, and appurtenances thereto, and for no other purposes whatsoever, alone and in all of the hereinafter described parcel of land situated 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: I. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to this easement (hereinafter the "Property") is for pedestrianbridge crossing 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 said 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. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the Property and agrees never to assail or resist said title. 3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior to any construction, reconstruction, remodeling, excavation,installation or plantings within the easement area, submit specific plans and specifications to the DISTRICT 1 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. (b) Normal maintenance by GRANTEE of its facilities within the easement area, including inspection and cleaning of existing bridge, shall not require prior notice to the DISTRICT. GRANTEE shall perform maintenance of its facilities so as to prevent damage to the site. 4. MODIFICATION RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES: 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 thirty 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 time specified by DISTRICT, 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. 5. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Property, 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 thirty 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 coats and any legal expenses incurred to collect such costs. 6. DAMAGE TO GRANTEE'S FACILITIES: DISTRICT shall have no responsibility for the protection, maintenance, 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 2 expense or, at the discretion of and upon written notice from DISTRICT, 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 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. NON-EXCLUSIVE EASEMENT: 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 the DISTRICT's, or any other 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. INDEMNIFICATION,AS4S CONDITION OF PROPERTY: (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 or connected with 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 the granting of this easement , GRANTEE's operations,acts or omissions pursuant to this easement,or the GRANTEE's use of the easement, save and except Liabilities arising through 3 the sole negligence or sole willful misconduct of the DISTRICT, its officers or employees. GRANTEE acknowledges that Property subject to this easement is in a flood control area. GRANTEE agrees that GRANTEE shall never have, claim or assert any right or action against DISTRICT or the County of Contra Costa in the event of damage to or disruption of GRANTEE's facilities caused or contributed to by flooding or water, and shall indemnify,defend,save, protect and hold DISTRICT harmless from all Liabilities resulting from such damage or disruption. 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 easement area in an "as is" physical condition, with no warranty,guarantee, representation or liability,express or implied on the part of the DISTRICT as to any matter,including but not limited to the physical condition of the Property and/or 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 and is not relying in any manner on any representation or warranty by DISTRICT. 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. 4 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 caused or contributed to by GRANTEE's operation or performance under this easement, or GRANTEE's use, release or disposal of any hazardous substance, 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. 9. NO WARRANTIES: 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 orwarranty by DISTRICT. 10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein continuously for a period of one year, or in the event GRANTEE abandons 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 thereupon cease and terminate and shall immediately revert to and vest in DISTRICT or its successors. Upon any such termination of GRANTEE's rights,GRANTEE shall,upon request by DISTRICT,and at GRANTEE's sole cost and expense, remove all of its facilities from the easement area and restore said Property to its original condition. Upon the failure of GRANTEE to do so, this 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 ASSIGNMENT 4F EASEMENT. No rights granted hereunder shall be transferred, apportioned or assigned without the prior written consent of DISTRICT. 12. NO SECONDARY RIGHTS: 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. 5 13. ENTIRE AGREEMENT: 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. CONSTRUCTION: 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. SUCCESSORS AND ASSIGNS. This indenture and all of the covenants herein contained shell 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 _20th day of JANUARY- , 2004. CONTRA COSTA COUNTY FLOOD GRANTEE CONTROL & WATER CONS VATION By C air, Bo4d of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA } Jan. 20, 2004 On _ before me, RELDA L. SHARP Deputy Clerk of the Board o Sue is rs, o Costa County,personalty appeared j"up t� ye 'era' er 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 helshe/they executed the same in his/her/their authorized capactty(les), and that by his/herttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. By. Dy Clerk Form Approved(07/99) Silvano Marchesi,County Counsel G:\GrpData\Rea3Propt2004-Fitest04-11EA17PA-Mwork2 Pedestrian Bridge-WC.doc 1/6104 6 UNDER' OU & ROSENBLUM, INC.' civil engineers and surveyors PUBLIC PEDESTRIAN BRIDGE EASEMENT LANDS OF CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT EXHIBIT SW 9-23-03 AD that certain real property situate In the City of Walnut Creek,County of Contra Costa, Mate of California,described as follows. Being a 20 foot wide strip of land, crossing through a portion of that certain 52 foot wide strip of land, conveyed to Contra Costa County Flood Control&Water Conservation District,and described as Parcel 429, in that certain Deed,,recorded on January 21, 1970, in Book 6049,Page 379,Contra Costa County Official Records, being more particularly described as follows: Beginning at the most northerly corner of Lands of Pacific Gas and Electric Company, as described in that certain Deed,recorded on October 12, 1951, in Book 1839, Page 315,Contra Costa County Official Records,said point also being a corner on the southerly line of Lands of Walnut Creek School District,as described in that certain Deed, recorded on January 10, 1954,in Book 2416,Page 115, Contra Costa County Official Records; Thence,leaving said northerly corner of Lands of Pacific Gas and Electric Company;N 79° 12'02*E, 60.89 feet through said Lands of Walnut Creek School District to the centerline of the said 52 foot wide strip of land known as Parcel 429; Thence, northerly along the centerline of said Parcel 429, N 150 09' 13'W, 71.05 feet,to the True Point of Beginning of this description; Thence,leaving said centerline fine of Panel 428, N 740 50'4r W,26.00 feet,to the westerly line of said Parcel 429; Thence,northerly along the westerly line of Parcel 429,N 151,09' 13'W,20.00 feet; Thence,leaving said westerly line of Parcel 428, S 740 50'47'E, 52.00 feet,to the easterly line of said Parcel 429; t Thence,southerly along the easterly One of Parcel 429,S 15°09' 13'E,20.00 feet, Thence,leaving said easterly line of Parcel 429, N 746 50'47'W,26.00 feet,to the True Point of Beginning of the Parcel being herein described. Containing 1,040 square feet of land,more or less. -......., .AND ,�►�� 1630 Oakland Road.Sahe Al 14 Sen Jose,GA 96131 Phone(408)453-1222 Fax(408)453-1207 wwwxagdceern ON EXHIBIT "B" t . r� WALNUT CREEK SCHOOL DISTRICT 2416 O.R. 115 1-10-54 +� APN 173-162-011 P.G. & E. 1839 O.R. 315 1 10-12-51 APN 173-162-008 C.C.C.F.C. & W.C.D. C.C.C.F.C. & W.C.D. PARCEL 429 PARCEL 314 � 5753 O.R. 426 POINT OF BEGINNING ! 6049 O.R. 375 1-21-70 11-19-68 TALNIM' CPM SCHOOL DIS'1'DICT N7450'47E - 2437 O.R. 559ti» 26.CK?' N15'0913 W 12--12-54 l 0 20.00' z( 3t S15M't3"E L 71.0_5' N74 50'47'E N15*09'13"W ,�y1;n 26.00' \ ORAWWNG ED .34.2 E TRUE POINT OF S15'09'13"E BEGINNING -F 20.00' PARCEL AREA= REA= 1.040 MWARE FEETT C.C.C.F.C. & W.C.D. WALNUT CREEK SCHOOL DISTRICT 94301 O.R. 269 2333 O.R. 53 DRAWING ED 583.1 6-16-54 l APN 173--161-012 LAND 1 4 6395 Lp � CAI.t UNDERWOOD & PEDESTRIAN BRIDGE F SEMM Date- 9-23--43 • ROSENBLU'M, INC. WALrrN CREEK SCHOOL DISTRICT Scale 1'=60' civit engineers and surveyors 1530 Oddard Road Sin A114 Sen Jost'Ca.95131 VAMM CIUM Dwn by. MM fd.No.(W)4531222 r(m ffa(40a)453 1207 XTERACMAIT SCHOOL WALNUT CREEK cAUF'ORNA Sob No. J00008