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HomeMy WebLinkAboutMINUTES - 05211991 - 1.14 THE BOARD OF SUPERVISORS, as the Governing Body of T Contra Costa County Flood Control and Water Conservation District CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 21, 1991, by the following vcte: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 91/ 329 Government Code § 25526.6 SUBJECT: Conveyance of Easement to City of Brentwood Project No. 7521-6D8356 Brentwood Area The Board of Supervisors, as the Governing Body of 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 April 22, 1969, in Book 5858 at page 399, in Brentwood, for flood control purposes. The City of Brentwood has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for a sewer line . 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 Government Code Section 25526.6 and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in consideration for the payment received in full in the amount of $2,000. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee. 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 Public Works Director to file a Notice of Exemption with the County Clerk. This activity has been found to conform to the General Plan of the City of Brentwood. I hereby osrory eW fhb Is a true and correct copy of an actlon taken and entered on the minutes of the Board of Supervisors on the daft Ntowm Orig. Dept.: Public Works (R/P) ATTEsTED: _SAY 21 1q-q1 cc: Public Works Accounting PHIL BATCHELOR,Clerk of the Board Public Works Records or Suporvison and ow ty AdminWrator Grantee (via R/P) er .o• ► Recorder (via R/P) RB:rs cb27b.t5 RESOLUTION NO. 91/ 329 15.00-Foot-Wide Sanitary Sewer Easement Marsh Creek EDIT "A" Real property situate in the City of Brentwood, County of Contra Costa, State of California, described as follows: Being a portion of that certain parcel of land described in the deed from Alexander Mena, et ux., to Contra Costa County Flood Control and Water Conservation District, recorded in Book 5858 of Official Records, at Page 339, in the Office of County Recorder of said Contra Costa County, described as follows: A fifteen-foot-wide (15.00) strip of land lying 7.50 feet on each side of the centerline, as shown on the attached Exhibit 'B," more particularly described as follows: Commencing at the intersection of the westerly line of Parcel "A,"with the southerly line of Lot 24, as said parcel and lot are shown and so designated on that certain map entitled "Subdivision 7009;" filed in Book 337 of Maps, at Page 37, in the Office of the County Recorder of Contra Costa County, said point being on the arc of a 769.00-foot radius curve, to which point a radial line bears North 681 57' 09" West (the bearing North 680 57' 09" West (the bearing North 681 57' 09" West being used as the basis of bearings for this description); thence, southerly along said curve and along said westerly line, through a central angle 021 50' 20", an arc distance of 38.10 feet; thence, leaving said curve and westerly line, South 710 47' 30" East, 25.00 feet, to the easterly line of said Parcel "A" (337 M 37) and the point of beginning; thence from said point of beginning continuing South 710 47' 30" East, 81.00 feet to the easterly line of said Contra Costa County Flood Control and Water Conservation District parcel (5858 OR 339), being the point of terminus. The sidelines of said fifteen-foot-wide (15.00) strip of land to be extended or shortened to terminate on the easterly line of said Parcel "A" (337 Maps 37) and the easterly line of said Contra Costa County Flood Control and Water Conservation District parcel (5858 OR 339), containing an area of 1,215 square feet of land, more or less. 6679leg.des Recorded at the request of: City of Brentwood After recording return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Ronald Babst Subdivision 6679 GRANT OF EASEMENT CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter called DISTRICT hereby grants to CITY OF BRENTWOOD, a political subdivision of the State of California, hereinafter called GRANTEE, a nonexclusive right to install, construct, reconstruct, remove, replace, repair, maintain, operate and use, as the Grantee may see fit, a sanitary sewer pipe and all necessary braces, connections, fastenings and other appliance fixtures for use in connection therewith or appurtenant thereto and for no other purposes whatsoever, together with a right of. way on, along and in all of the hereinafter described parcel of land situate in the City of Brentwood, County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. The foregoing grant is made subject to the following terms and conditions: 1. GRANTEE hereby acknowledges DISTRICT's title to said lands and agrees never to assail or resist said title. 2. GRANTEE shall, prior to any construction or installation within the subject easement area, submit specific plans and specifications to DISTRICT 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. 3. DISTRICT reserves its prior rights to use any and all of said lands for public purposes. GRANTEE's use of this easement and the exercising of any rights hereunder shall, in no way, interfere with DISTRICT's use of said lands. In the event GRANTEE's use should interfere, GRANTEE shall, at the request of DISTRICT, and at GRANTEE's sole cost and expense, modify or relocate its facilities to the satisfaction of DISTRICT within thirty (30) days after written notice to do so. In the event GRANTEE fails so to do, said work may be performed by DISTRICT at the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly upon demand including engineering costs and any legal fees incurred to collect said costs. 4. Except in the case of emergency repairs, GRANTEE shall not relocate, modify or reconstruct its facilities without first obtaining the prior approval of its plans by DISTRICT. 5. Any and all DISTRICT facilities, landscaping or miscellaneous improvements, removed or damaged as a result of GRANTEE's use of said lands shall be repaired or replaced equivalent to, or better than, their existing condition at the sole cost and expense of GRANTEE. In the event GRANTEE fails so to do, said work may be performed by DISTRICT at the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT promptly upon demand, including engineering costs and any legal fees incurred to collect said costs. 6. GRANTEE agrees that DISTRICT assumes no responsibility for the construction, maintenance or repair of GRANTEE's facilities resulting from DISTRICT's operations and use of said land. 7. Nothing herein contained shall be construed to prevent DISTRICT from granting other easements over said lands or using said lands for any and all purposes, provided, however, that DISTRICT Shall not unreasonably prevent or obstruct GRANTEE's easement rights hereunder, subject to the provisions as contained in paragraph 3 above. 8. GRANTEE agrees to defend, indemnify and hold harmless the DISTRICT, its agents and employees, of and from any and all claims, demands, costs, damages, losses, actions, causes of action or judgments which DISTRICT may pay or be required to pay by reason of any damage, including inverse condemnation, injury or death to any person or property suffered by any person, firm or corporation as a result of the exercise by GRANTEE of the rights herein granted to it. 9. 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 fails 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 title 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. 10. No rights granted hereunder shall be transferred or assigned without the prior written consent of DISTRICT. 11. This easement is granted subject to encumbrances and restrictions of record and any prior rights held by others within said land, against which no warranty is made. 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. herein contained shall inure to the benefit of and be STATE OF CALIFORNIA ) assigns of the respective parties hereto. SS COUNTY OF CONTRA COSTA ) ACKNOWLEDGMENT BY.PUBLIC ENTITY it is signed and executed this (C.C. § 1181, 1188, 1189) Thomas M. Powers 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 ONTRA STA OU 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 _ By his/her/their signature(s) on the instrument the Chair, Board of Supervisors person(s), or the entity upon behalf of which the Phil Batchelor, Clerk of the Board of person(s) acted, executed the instrument. ATTEST: Su ewisors and Co;rtyAdministrator By&k, 11,L Deput Dated: May 21 , 1991 Phil Batchelor, Clerk of the Board of Supervisors ,and County Administrator Epi g L Deputy • Exhibit "B" _ 23 24 _j c 4717' � o O SUBDIVISION 7009 �Cc (337 M 37 / w POINT OF / COMMENCE ENT / E ' - •' S)Ie� I � IS _ � t Lo r � rr r i -c h- w C)m M 1Lw LW M O C QM LL, U . PARCEL A U �w Z O cn V Z ) co •-,+ SUBDIVISION 6679 I c� t` Lo LL � M a cc U Lo ce 111 Q LAND s� I 8 a-• �S 3Ant f s 34 No. 5816 Exp. 6 30, � P • rE 0 c CITY OF BRENTWOOD .CONTRA COSTA COUNTY, CALIFORNIA PLAT TO ACCOMPANY LEGAL DESCRIP ION S dman &Assl6ciatm, Inc. sem,ha° c�r+ Il .lJJ-9/I0� #3 JOB NO. 6059-20 r � 15.00-Foot-Wide Sanitary Sewer Easement Marsh Creek EXHIBIT "A" Real property situate in the City of Brentwood, County of Contra Costa, State of California, described as follows: Being a portion of that certain parcel of land described in the deed from Alexander Mena, et ux., to Contra Costa County Flood Control and Water Conservation District, recorded in Book 5858 of Official Records, at Page 339, in the Office of County Recorder of said Contra Costa County, described as follows: A fifteen-foot-wide (15.00) strip of land lying 7.50 feet on each side of the centerline, as shown on the attached Exhibit "B," more particularly described as follows: Commencing at the intersection of the westerly line of Parcel "A," with the southerly line of Lot 24, as said parcel and lot are shown and so designated on that certain map entitled "Subdivision 7009," filed in Book 337 of Maps, at Page 37, in the Office of the County Recorder of Contra Costa County, said point being on the arc of a 769.00-foot radius curve, to which point a radial line bears North 680 57' 09" West (the bearing North 680 57' 09" West (the bearing North 681 57' 09" West being used as the basis of bearings for this description); thence, southerly along said curve and along said westerly line, through a central angle 020 50' 20", an arc distance of 38.10 feet; thence, leaving said curve and westerly line, South 710 47' 30" East, 25.00 feet, to the easterly line of said Parcel "A" (337 M 37) and the point of beginning; thence from said point of beginning continuing South 710 47' 30" East, 81.00 feet to the easterly line of said Contra Costa County Flood Control and Water Conservation District parcel (5858 OR 339), being the point of terminus. The sidelines of said fifteen-foot-wide (15.00) strip of land to be extended or shortened to terminate on the easterly line of said Parcel "A" (337 Maps 37) and the easterly line of said Contra Costa County Flood Control and Water Conservation District parcel (5858 OR 339), containing an area of 1,215 square feet of land, more or less. 6679leg.des . yxC" f .`' i .,1',v 2 ,�x_��_} moi'���` ,J _/_ �`. J � '•'.