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HomeMy WebLinkAboutMINUTES - 07121994 - 1.26 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on July 12, 1994 by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None RESOLUTION NO. 94/ 347 Government Code § 25526.6 SUBJECT: Conveyance of Easement to West County Wastewater District Project No. 7527-6D8617 North Richmond Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Contra Costa County Flood Control & Water Conservation District acquired certain real property interest in the North Richmond area for the Wildcat Creek project. The West County Wastewater District has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for a wastewater pipeline. 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 West County Wastewater District, 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 an easement on behalf of the District in consideration for property rights conveyed to the District by the West County Wastewater District in 1989. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee. I hereby certify that this is a tnreandcomectcopyof an action taken and entered on the minutes of the Board of on the date shown. Ate: 1 1 2 1oo4 PHIL BAS de c the Board Of Supervisors and unty Administrator ' .Deputy Orig. Dept: Public Works (R/P) Contact: Gus Kramer (313-2225) cc: Public Works Accounting Public Works Records Grantee (via R/P) Recorder (via R/P) GK:glo gArea1prop\br27WCWD.t6 RESOLUTION NO. 94/ 347 1 EXHIBIT "A" Parcel 1555 A portion of Lot 198 as shown on the "Map of the San Pablo Rancho, accompanying and forming a part of the final report of the Referee's in Partition," filed March 1, 1894, in the Office of the Recorder of Contra Costa County, State of California, more particularly the most northerly 15.00 feet of the parcel of land described as the Central Street parcel in the Deed to Angelina Call, et al recorded July 13, 1973, in Book 6995 of Official Records at page 940, and as Parcel Two (c) in the "Judgement of Final Distribution on Waiver of Accounting" filed October 22, 1980, in Book 10058 of Official Records at page 771, all records of said County, bounded on the west by Central Street, and on the east by Third Street. Parcel 1554 A portion of Lot 198 as shown on the "Map of the San Pablo Rancho, accompanying and forming a part of the final report of the Referee's in Partition," filed March 1, 1894, in the Office of the Recorder of Contra Costa County, State of California, more particularly the most northerly 25.00 feet of the parcel of land described in the "Final Order of Condemnation" by the City of Richmond recorded August 4, 1972, in Book 6717 of Official Records at page 145, records of said County, bounded on the west by Third Street, and on the east by the westerly line of the parcel of land described as Parcel One in the deed to the San Pablo School District recorded June 6, 1949, in Book 1396 of Official Records at page 312, records of Contra Costa County. Parcel 1559 A portion of Lot 198, map of Rancho San Pablo filed March 1, 1894, in the Office of the Recorder of Contra Costa County, State of California, being described as follows: Beginning at the northeasterly corner of the parcel of land described in the final Order of Condemnation by the City of Richmond recorded August 4, 1972, in Book 6717 at page 145 of Official Records of Contra Costa County; thence along the northerly line of said parcel (6717 O.R. 145) north 890 59' 35" west 24.62 feet; thence leaving said line north 39°41'56" east 38.35 feet to the westerly line of the parcel of land described as Parcel One in the deed to the San Pablo School District recorded June 6, 1949, in Book 1396 at page 312 of Official records; thence along said westerly line south 0015'00" east 29.51 feet to the said point of beginning. Containing an area of 363 square feet of land, more or less. 1 Parcel 1531 B.2 A portion of those parcels of land granted in deeds to the San Pablo School District, a political subdivision, recorded April 25, 1949, June 6, 1949, and August 4, 1949, in Books 1377, 1396 and 1420 at pages 392, 312 and 381 respectively of Official Records of Contra Costa County, California, described as follows: Commencing on the westerly line of Parcel One of said San Pablo School District parcel (1396 O.R. 312) at the center line of the 20 feet in width road as described in said deed (1396 O.R. 312); thence along said westerly line south 0015'00" east 10.00 feet to the Point of Beginning at the southerly line of said road; thence along the southerly and southeasterly line of said road, east 313.94 feet and north 64020' east 110.91 feet to the northwesterly corner of said San Pablo School District parcel (1377 O.R. 392); thence along the northerly line of said parcel (1377 O.R. 392) east 270.00 feet to the easterly line of said parcel (1377 O.R. 392); thence along said line south 0015'00"east 25.00 feet; thence parallel to said northerly line (1377 O.R. 392) west 264.41 feet to a point on a line which is parallel with and southeasterly 25.00 feet from the southeasterly line of said 20 feet in width road (1420 O.R. 381); thence along said parallel line south 64020'00" west 110.91 feet to a point on a line which is parallel with and southerly 25.00 feet from the southerly line of said 20 feet in width road (1420 O.R. 381, 1396 O.R. 312); thence along said parallel line west 266.18 feet; thence leaving said line south 39041'56" west 83.09 feet to a point on the easterly line of the City of Richmond parcel described in the Final Order of Condemnation recorded August 3, 1972, in Book 6717 of Official Records at page 145 which bears south 0°15'00' east 25.00 feet from the northeast corner of said City of Richmond parcel (6717 O.R. 145); thence along the common line between the City of Richmond and the San Pablo School District north 0015'00" west 25.00 feet to said northeast corner(6717 O.R. 145); thence continuing along the westerly line of said Parcel One of the San Pablo School District (1396 O.R. 312) north 0°15'00" west 63.93 feet to the point of beginning. Containing area of 0.438 acres of land more or less. GK:glo cRarcels.l4 2 WEST COUNTY WASTEWATER DISTRICT Return to: Cj WEST COUNTY WASTEWATER DISTRICT 2910 Hilltop Drive Richmond, CA 94806 GRANT OF EASEMENT CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter called first party, for adequate consideration therefor paid by WEST COUNTY WASTEWATER DISTRICT, a district formed under the Sanitary District Act of 1923 of the State of California, hereinafter called second party, the receipt whereof is hereby acknowledged, hereby grants to second party an easement and right to construct, replace, remove, operate, maintain and use such sanitary sewer or sewers and appurtenances as second party shall deem to be reasonably required for sewage purposes, together with a right of way, along and in all of the hereinafter described strip of those certain lands which are situate in the County of Contra Costa, State of California, and are described in Exhibit "A", ATTACHED HERETO AND MADE A PART HEREOF, First party, for consideration aforesaid, further grants to second party the right of ingress to and egress from said strip over and across said lands by means of roads and lanes thereon, if there be, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to first party. First party shall have the right to use said strip for purposes not inconsistent with second party's full enjoyment of the rights hereby granted, provided that first party shall not erect or construct any building or other structure within said strip. Second party shall also have the right to allow individuals, firm, associations, organiza- tions, partnerships, business trusts, corporations, public agencies, and other entities to access and enter upon said easement and therein construct, repair, operate, maintain, use and remove such sanitary sewer or sewers, sewer laterals and appurtenances as second party shall in its discretion deem reasonably required or permissible for sewer purposes. Second party shall also have the right to trim, cut and clear away any and all trees, brush, fences and obstructions now or hereafter in or on said strip which in the opinion of second party may be a hazard to or interfere with the inspection or maintenance of said sanitary sewer or sewers and appurtenances, provided however that things which second party is hereby authorized to cut and remove, if valuable, of timber, wood or brick, shall continue to the property of first party, but all brush, refuse wood and debris shall be removed by the second party. Second party shall also have the right to mark the location of said strip by suitable markers set in locations which will not interfere with any reasonable use first party shall make of said strip. Second party shall repair any damage it shall do to first party's private and public roads or lanes on said land and shall indemnify first party against any loss and damage which shall be caused by the exercise of said ingress and egress, or by any wrongful or negligent act or omission of second party or of its agents or employees in the course of their employment. First party hereby grants to second party all right and title in and to any sewer mains or appurtenances constructed or to be constructed by or for first party in or on said easement or right of way pursuant to duly authorized permit issued by second party. The provisions hereof shall inure to the benefit of and bind the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF first party has executed present this day of 19_ Co tra Costa ounty Flood Control an Water onse a ' n Di By hair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On July 12, 1994 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Tom 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 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. Deputy,Clerk GK:glo g:kea1prop1EA20WC WD.t6 2 EXHIBIT "A" Parcel 1555 A portion of Lot 198 as shown on the "Map of the San Pablo Rancho, accompanying and forming a part of the final report of the Referee's in Partition," filed March 1, 1894, in the Office of the Recorder of Contra Costa County, State of California, more particularly the most northerly 15.00 feet of the parcel of land described as the Central Street parcel in the Deed to Angelina Call, et al recorded July 13, 1973, in Book 6995 of Official Records at page 940, and as Parcel Two (c) in the "Judgement of Final Distribution on Waiver of Accounting" filed October 22, 1980, in Book 10058 of Official Records at page 771, all records of said County, bounded on the west by Central Street, and on the east by Third Street. Parcel 1554 A portion of Lot 198 as shown on the "Map of the San Pablo Rancho, accompanying and forming a part of the final report of the Referee's in Partition," filed March 1, 1894, in the Office of the Recorder of Contra Costa County, State of California, more particularly the most northerly 25.00 feet of the parcel of land described in the "Final Order of Condemnation" by the City of Richmond recorded August 4, 1972, in Book 6717 of Official Records at page 145, records of said County, bounded on the west by Third Street, and on the east by the westerly line of the parcel of land described as Parcel One in the deed to the San Pablo School District recorded June 6, 1949, in Book 1396 of Official Records at page 312, records of Contra Costa County. Parcel 1559 A portion of Lot 198, map of Rancho San Pablo filed March 1, 1894, in the Office of the Recorder of Contra Costa County, State of California, being described as follows: Beginning at the northeasterly corner of the parcel of land described in the final Order of Condemnation by the City of Richmond recorded August 4, 1972, in Book 6717 at page 145 of Official Records of Contra Costa County; thence along the northerly line of said parcel (6717 O.R. 145) north 890 59' 35" west 24.62 feet; thence leaving said line north 39041'56" east 38.35 feet to the westerly line of the parcel of land described as Parcel One in the deed to the San Pablo School District recorded June 6, 1949, in Book 1396 at page 312 of Official records; thence along said westerly line south 0°15'00" east 29.51 feet to the said point of beginning. Containing an area of 363 square feet of land, more or less. 1 Parcel 1531 B.2 A portion of those parcels of land granted in deeds to the San Pablo School District, a political subdivision recorded April 25, 1949, June 6, 1949, and August 4, 1949, in Books 1377, 1396 and 1�20at pages 392, 312 and 381 respectively of Official Records of Contra Costa County, California, described as follows: Commencing on the westerly line of Parcel One of said San Pablo School District parcel (1396 O.R. 312) at the,center line of the 20 feet in width road as described in said deed (1396 O.R. 312); thence along said westerly line south 0*15'00" east 10.00 feet to the Point of Beginning at the southerly line of said road; thence along the southerly and southeasterly line of said road, east 313.94 feet and north 64020' east 110.91 feet to the northwesterly corner of said San Pablo School District parcel (1377 O.R. 392); thence along the northerly line of said parcel (1377 O.R. 392) east 270.00 feet to the easterly line of said parcel (1377 O.R. 392); thence along said line south 0015'00"east25.00 feet; thence parallel to said northerly line (1377 O.R. 392) west 264.41 feet to a point on a line which is parallel with and southeasterly 25.00 feet from the southeasterly line of said 20 feet in width road (1420 O.R. 381); thence along said parallel line south 64020'00" west 110.91 feet to a point on a line which is parallel with and southerly 25.00 feet from the southerly line of said 20 feet in width road (1420 O.R. 381, 1396 O.R. 312); thence along said parallel line west 266.18 feet; thence leaving said line south 39041'56" west 83.09 feet to a point on the easterly line of the City of Richmond parcel described in the Final Order of Condemnation recorded August 3, 1972, in Book 6717 of Official Records at page 145 which bears south 0°15'00' east 25.00 feet from the northeast corner of said City of Richmond parcel (6717 O.R. 145); thence along the common line between the City of Richmond and the San Pablo School District north 0015'00" west 25.00 feet to said northeast corner(6717 O.R. 145); thence continuing along the westerly line of said Parcel One of the San Pablo School District (1396 O.R. 312) north 0"15'00" west 63.93 feet to the point of beginning. Containing area of 0.438 acres of land more or less. GK:gIo c:Parcels.14 2