HomeMy WebLinkAboutMINUTES - 05241994 - 1.13 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER �� J
DATE: MAY 24, 1994
SUBJECT: DRAINAGE AREA 10 LINE G IMPROVEMENTS - DANVILLE AREA
Project No.: 7554-6D8482 Task: ACQ Account: 3540
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated May 4, 1994,
from Glory and Fame Saint America.
B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the
District.
C. APPROVE payment of $1,600.00 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to Glory and Fame Saint America, 112
EI Portal, Danville, California, 94526, to be forwarded to the Real Property Division for
delivery.
D. DIRECT the Real Property Division to have the above referenced Grant of Easement
recorded in the office of the County Recorder.
II. Financial Impact:
Payment of $1,600 from Drainage Area 10 funds.
III. Reasons for Recommendations and Background:
These property rights are required for the Drainage Area 10 Line G Improvement project in
accordance with approved plans and specifications.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
Continued on Attachment: SIGNATURE:
ti
_
RECOMMENDATION OF COUN ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION F B ARD �,y ! 9 ! APPROVED ARECOMMENDED THE _
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
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I h9teby oertiy that this is a true and correct coPY of
an action taken and entered on the minutes of the
Orig. Div: Public Works (R/P) Board of 8upat�is on the date shown. q�
Contact: Pat Smyers (313-2222) AMSTED
BATCH�rk�Bo- and
cc: County Administrator. of Supervisors and County Administrator
Auditor-Controller (via R/P) ,�,,
P. W. Accounting er '��`��`
Recorder (via R/P)
STATE OF CALIFORNIA (Subscribing Witness - Individual)
COUNTY OF CONTRA COSTA
On May 9, 1994 before me, Roger H. Frost, a Notary Public, personally appeared Patricia
A. Smyers, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument, as a
witness thereto, who being by me duly sworn, deposed and said: That she resides at
255 Glacier Drive, Martinez, California, that she was present and saw Glory Saint America
and Fame Saint America, personally known to her to be the same persons described in
and who executed the within instrument as the individuals therein named and
acknowledged to me that the individuals executed it; and that said parties duly
acknowledged in the presence of said affiant, that they executed the same and that said
affiant, thereupon at the parties' request, subscribed her name as a witness thereto.
OFFICIAL NOTARY SEAL
Notary k&licROGER H.FROST
Notary Public—California
CONTRA COSTA COUNTY
My Comm.Expires APR 28,1995
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May 9, 1994
.Recorded at the request of: 1- 13
Contra Costa County Flood Control
and Water Conservation District /
Return to: J
Contra Costa County Flood Control % A
and Water Conservation District
Public Works Department
O
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Pat Smyers
Assessor's Parcel No. 197-090-002 Project No.: 7554-6D8482
GRANT OF EASEMENT
THIS INDENTURE, made by and between GLORY SAINT AMERICA and FAME SAINT AMERICA,
husband and wife, as joint tenants, hereinafter called the GRANTORS, and CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of
California, hereinafter called the GRANTEE,
WITNESSETH:
That the GRANTORS, for value received, hereby grants to the GRANTEE, a perpetual easement and
right of way for the purposes of laying down, constructing, reconstructing, removing, replacing,
repairing, maintaining, operating and using, as the GRANTEE may see fit, for flood control purposes
and transmission of drainage water, a pipe or pipelines, culverts or ditches, and all necessary braces,
connections, fastenings, fences or other protective barriers or facilities, and other appliances and
fixtures for use in connection therewith or appurtenant thereto, in, under, along, and across that certain
real property in the County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
It is understood that each of the undersigned GRANTORS grant only the portion of the land described
in said Exhibit "A" which is owned by said GRANTORS, or in which said GRANTORS has an interest.
The easement herein granted shall include the right by said GRANTEE, its officers, agents and
employees, and by persons under contract with it and their employees whenever and wherever
necessary for flood control purposes, to enter upon said land with personnel, vehicles and equipment,
to remove all trees, vegetation and structures thereon that interfere with the purpose for which the
easement herein is granted.
TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the
GRANTEE's successors and assigns forever.
IN WITNESS WHEREOF, the GRANTORS have executed this indenture this 104 day
Of , 1994.
GRANTORS:
Witness : f
Glory 69int America
Fame Saint America
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April 11, 1994
Drainage Area 10 - Line G
Culvert Replacement at Rutherford Creek
Vic. Danville Blvd. and EI Portal
PARCEL 1747 - Saint America
Ptn. APN 197-090-002
Dwg. EB-10146
EXHIBIT "A"
PARCEL 1747: (Permanent Easement)
Real property in the City of Danville, Contra Costa County, California, being a portion of that parcel
of land described in the deed to Glory Saint America et ux recorded January 31, 1989 in Volume
14857 of Official Records at page 285, further described as follows:
Commencing in Danville Boulevard at Contra Costa County monument WD-34 which bears south
45°30'34" east 324.23 feet from Contra Costa County monument WD-33-1, as said monuments are
shown on the Precise Traverse of Highway 21 filed at the Public Works Department of said County;
thence along said monument line, north 45030'34"west 44.11 feet; thence leaving said monument
line. north 44°29'26" east 15.13 feet, to the intersection of the northeast right of way line of Danville
Boulevard and the west line of said Saint America parcel (14857 O.R. 285), the Point of Beginning;
thence from the Point of Beginning, along said,west line, north 1048'20" east 31.00 feet; thence
leaving said west line, north 71 010'00" east 35.00 feet; thence south 23030'00" east 55.15 feet,to the
southeast line of said Saint America parcel (14857 O.R. 285) also being the northwest right of way
line of EI Portal, a public road; thence along said common line, south 46004'20" west 33.41 feet, to
the northeast right of way line of Danville Boulevard; thence along said northeast line, north
45030'34" west 44.90 feet, to the Point of Beginning.
Containing an area of 2,585 square feet (0.0593 acre) of land, more or less.
Bearings are based on the California Coordinate System Zone III (C.C.S. 27).
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10/25/93
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