HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-297 THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,CALIFORNIA
Adopted this Resolution on May 17, 2005,by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAUL VIER, GLOVER AND 11ILKEMA`
NOES: NONE
ABSENT: DONE
ABSTAIN': NONE
RES�I.U'�ON 1�10.20t15 297
Deerins Water Code,Uncodified Acts
Act 1656 § 31
West's Water Code; Appendix 64-31
Government Code § 25526.6
SUBJECT': ADOPT Resolution No. 2005/ 297 approving the conveyance of a utility easement to Pacific
Gas&Electric Company for the relocation of their facilities located'in DA 52D Detention Basin to
the future Laurel Road Right of Way within the basin.
Oakley Area. District V.
Project No. FCP 636-04
The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water'
Conservation District RESOLVES THAT:
The Board previously APPROVED'a Negative Declaration for the activity. The Negative Declaration was
filed on July 30, 1993.
Contra Costa County Flood Control and Water Conservation District(District)acquired certain real property
by deed recorded on April 10,' 1990, in Book 15779 at page 136 in the Oakley area, for flood'control purposes,
commonly known as Laurel Road Detention Basin DA 52D. Diablo Water District(DWD),on behalf of Pacific Gas
&Electric Company(PG&E),has requested an easement over a portion of said property described in Exhibit"A",
attached hereto, for the relocation of PG&E's facilities to the future Laurel Road Right of Way within the basin,to
accommodate DWD's new water line. This Board FINDS that the conveyance of such utility 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 a utility zeasement to PG&E over
the property described in Exhibit"N',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.
The Real property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee.
CP:eh'
G:\GrpData\RealProp\2005-Piles\BOs&Reso\BR27A PG&E DA 52D.doc t hereby certify that this is a true and correct
copy of an action taken and entered on the
Orig.Dept.: Public Works(R/P) minutes of the Board of Supervisors on the
Contact: C.Peccianti (313-2222) date shown.
cc: Public Works Accounting
Public Works Records ATTESTED: MAY 17, 2005
T.Torres,Environmental Services
C.Standateer,Flood Control JOHN SWEETEN,'Clerk of the Board of
Grantee(via RIP) Supervisors'and Coca y,� �ainistrator
Recorder(via R/P)
Community Development Dept. By (t, Deputy
Board Order Clerk Specialist,Adm.
RESOLUTION NO. 20051 297
EXHIBIT"A"
Description of pole line route
Beginning at a point in the westerly boundary line'ofParcel D'as shown upon the Parcel
Map filed for record April 19, 1972 in Book 21 of Parcel Maps at page 38, Contra Costa''
County Records, and running thence
1) north 8 l'3 l' east approximately 66 feet
to a paint which bears north 88°24'32" east 746.00 feet distant from the found standard
street monument,which monument marks the southerly terminus of a course,which
course has abearig of north 00°31'54" east and a'distance of 138.50 feet as shown upon
the map of Subdivision 5946,filed for record October 24 1986in Bonk 307'of Maps at
page 49, Contra Costa County Records; thence
2) north 70'12' east'409.49 feet;;thence
3) north 40°13' east'approximately 103 feet
to a point in the northeasterly boundary line'of said Parcel D.
The foregoing description is based on a survey made by PG&E,,in September, 2004. The
bearings used are based on said Subdivision Map filed October 24, 1986.
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RECORDING REQUESTED BY AND RETURN TO:
PACARC GAS AND ELECTRIC COMPANY
Land Department
3480 BuskirkAve.,Suite'150
Pleasant Hill, GA 94823
Location:City/Uninc
Recording Fee
Document Transfer Tax$
(j This is a conveyance where the consideration and
value is less than$100.00(R&T 11911)
j }
Computed on Full Value ofProperty Conveyed,or
Computed on Full Value less Liens&Encumbrances
Remaining at Time''ofSale.
signature of declarant or agent deterntining tart (SPACE ABOVE FOR RECORDM'S USE ONLY)
EASEMENT
CONTRA COSTA COLON""Y FLOOD CONTROL AND"WATER CONSERVATION DISTRICT,
a public body of the State of California,
hereinafter called first party, hereby grants to PACIFIC GAS AND ELEC'T'RIC'
COMPANY, a California corporation, hereinafter called second party, the right from:time
to time to construct, reconstruct, install, inspect, maintain, replace, remove, and -use
facilities of the type hereinafter specified together with a right of way therefor, within a
strip or parcel of land or along a route as hereinafter set forth, and also ingress thereto and
egress therefrom, over and across the lands situate in the unincorporated area of the County
of Contra Costa, State of California,described as follows:
(APN 033-160-024)
Parcel"D"as shown upon the Parcel Map filed for record April 19, 1972 in Book;'
21 of Marcel Maps at page 38, Contra Costa County Records
Said facilities shall consist of-
Such
fSuch poles, aerial wires, cables, electrical conductors with associated crossarms,
braces, transformers, anchors, guy wires and cables, fixtures, and appurtenances,,
as second party deems necessary located along the route described and shown as:.
follows.
FOR COMPLETE LEGAL DESCRIPTION SEE EXHIBIT
"A" AND EXHIBIT 'S", ATTACHED HERETO AND
MADE A PART HEREOF'
The legal description herein., or the map attached hereto; defining the location of
this utility distribution easement, was prepared by Pacific Gas and Electric;,
Company pursuant to Section 8730 (c)of the Business and Professions Code.
62-3"8(REV,1-90) SHEET A
Second party shall also have the right to trim and clear away or otherwise control any trees or
brush on said strip or said parcel of land or along said route,as hereinbefore set forth,whenever
considered necessary for the complete*oyrrient of the rights hereby granted'.
First party shall not erect or construct any building or other structure or drill or operate any well
under or within10.0 feet of the center line of second party's electrical conductors or along said
route.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto.
Dated MAY 17, 20 05 .
CONTRA COSTA COUNTY FLOOD CONTROL
AND WAT11R.CONSERVATION DISTRACT
By
624202 Notary(General)Rev.6194
STATE OF CALIFORNIA CAPACM CLALVMD'BY SIGlYI1R
SS.
COUNTY of []Individual(s)Signing For Oneseinhem elves
Un before me,the undersigned,a Notary Public for said State,personally C ICopontaot (s)oetheAboveNwrAdC (s)
appeared
[)Guardian of the Above Named Individuals)
f l personally known to me-OR-f l proved to me on the basis of satisfactory evidence to be the persons)whose l l Panels)of the Above Named Parmership(s)
narrte(s)i,slare subscribed to the within instrurnent and acknowledged to me that he/she/they executed the same in
his/herAlieir authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or C,l Aumney(s)=in-paaaf the Above NarnedPr,ncips)(s)
the entity upon behalf of which the persons)acted,executed the instrument.
t 1 Trustees)of the Above Named Tna(s)
WITNESS my hated and official scat.
i.J Other
Signature
STATE OF CALIFORNIA }
COUNTY OF CONTRA COSTA )
On MAY 17, 2Q re me, EMY L. SHW
Deputy Clerk of the Board of Supervisors, Centra 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 he/she/they executed the same
in his/her/their authorized capacity(ies), and that by
his/herltheir signature{s)on the instrument the person(s),
or the entity upon behalf of which the person(s)`,acted
executed the instrument.
By: (Seem)
pe Clerk
EXHIBIT"A„
Description of pale line route
Beginning at a point in the westerly boundary line of Parcel'D as shown upon the Parcel
Map filed for record April 19, 1972 in Book 21''of Parcel Maps at page 38, Contra Costa
County Records, and running thence
1) north 81°31' east approximately 66 feet
to a point which beam north 88°2432"east 746.00 feet distant from the found standard
street monument,which monument marks the southerly terminus of a course,which
course has a bearing of north 00°31'54"east and a distance of 138!50 feet as shown upon
the map of Subdivision 5946, filed for record October 24, 1986 in Bonk 307 of Mapsat
page 49,Contra Costa County Records; thence
2) north 70°12' east 409.49 feet; thence
3) north 40°13' east approximately 103 feet
to a point in the northeasterly boundary line of said Parcel D.
The foregoing description is based on a survey made by PG&E in September, 2004. The
bearings used are based on said Subdivision Map filed October 24, 1986.
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