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HomeMy WebLinkAboutMINUTES - 03041997 - C8-C11 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 4, 1997 , by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None RESOLUTION NO. 97/ 106 (Gov. Code § 25526.5) SUBJECT: Conveyance of Surplus Real Property Project No. 7521-6D8330 Brentwood Area The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation district, RESOLVES THAT: The District acquired certain real property by eminent domain action entitled Contra Costa County Flood Control and Water Conservation District vs. Emanuel P. Razetto, et al. The Stipulation for Entry of Judgment was filed May 12, 1980, and contained an order that the District grant to the defendants a non-exclusive easement for ingress and egress purposes across said property located in the City of Brentwood, described in Exhibit "A" attached hereto. Said easement is DETERMINED to be surplus and not necessary for District or other public purposes and its estimated value does not exceed $10,000.00. This Board hereby APPROVES and AUTHORIZES the conveyance of said easement to Marcello and Ginger Barbero, pursuant to Government Code Section 25526.5, and the Board Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in compliance with the above-referenced court order. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee. Orig. Dept.: Public Works(R/P) Contact: Nancy Wenninger(313-2227) t 10dr eWOy err etr r I t"and emodaa�ar cc: Public Works Accounting on P,, udw ww ado on " mhu*6 al Yee Public Works Records *auaw «"dMshoM` Grantee (via R/P) PWBAMMOR,aar< , L,oard Recorder(via R/P) of supervism and County Administrate NW:9PP J g:Vealprop\temp\l3arbero.t2 (Form updated 2/97) RESOLUTION NO. 971106 EXHIBIT "X" Legal Description An Easement for purposes of ingress, egress and utilities over an existing maintenance road along the westerly side of an irregular strip of land belonging to the Contra Costa County Flood Control and Water Conservation District, being a portion of the southeast one quarter of Section 1, Township I North, Range 2 East,Mount Diablo Meridian, lying within the City of Brentwood,County of Contra Costa, State of California, more particularly described as follows: Beginning at a point on the northerly line of Grant Street, from which Point "IG-I"as shown on Contra Costa County Flood Control and Water Conservation District Drawing No.SD- 689'bears the following two courses: S89-22-52E 28 feet; thence NI-19-02E 137.56 feet. Thence from said Point of Beginning: NI-19-02E 537.24 feet to the southerly line of"Parcel A" as said parcel is shown in Parcel Map Book 16 page 18, recorded April 20, 1971, Contra Costa County Records;thence S89-22-52E 13 feet;thence NI-19-02E 366,44 feet; thence along a curve to the left with a radius of 758 feet,through a central angle of 6 degrees, 28 minutes, 28 seconds, a distance of 85.65 feet;thence N5-09-26W 83.96 feet to the northerly line of said "Parcel A";thence S89-22-52E 65.33 feet; thence S5-09-26E 77.38 feet; thence along a curve to the right with a radius of 823 feet, through a central angle of 6 degrees, 28 minutes, 28 seconds, a distance of 93 feet to a point from which Point "IH" of aforesaid Drawing No.'ED-689' bears N88-40-58W 23 feet;thence S1-19-02W 897.90 feet; thence N89-22-52W 50 feet; thence SI-19- 02W 5 feet to the northerly line of Grant Street; thence N89-22-52W 28 feet to the Point of Beginning. Bearings and distances are based on the California Coordinate System Zone 3 (CCS27). N S& ti 0. �� F� r)� L J F� P Paul d. Webb L.S.5530 {x No. 55 �IFOFCA00 4 4 J 1's % mac` \ 127) p.v � a' Q V.00 0 r, zr, ta tj � 0 J a o , cp ` no3 � Y = 00 AXp- ra oAN rb Ic 1 -77 c �3 Recorded at the request of: Marcello and Ginger Barbero After recording return to: Marcello and Ginger Barbero 1136 Amador Avenue Berkeley, CA 94707 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 called DISTRICT, hereby grants to MARCELLO BARBERO and GINGER BARBERO, as Trustees of the 1989 Barbero Family Trust, hereinafter called GRANTEE, a nonexclusive right to perpetual easement and right of way for ingress and egress for vehicles and pedestrians in connection with GRANTEE'S agricultural and residential uses of their adjacent lands, including all utilities, and for no other purposes whatsoever, 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" 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, priorto 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. a. This grant is subject and subordinate to the prior and continuing right and obligation of DISTRICT, its successors and assigns, to use all the property described herein. The GRANTEE shall not fence said easement without the express written permission of the DISTRICT first had and obtained and shall remove any fencing when requested by the DISTRICT to do so. The GRANTEE shall not otherwise obstruct the easement area. The GRANTEE shall not use or permit use of said easement for any purpose other than those described in this easement. b. The GRANTEE agrees that in its use of this easement and the exercise of any rights hereunder, GRANTEE shall in no way interfere with DISTRICT's use of the property. In the event GRANTEE's use should interfere, GRANTEE shall,at the request of DISTRICT, and at GRANTEE's sole cost and expense, remove, 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 written approval of its plans by DISTRICT. Page 1 of 4 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. B. GRANTEE agrees that DISTRICT assumes no responsibility for the construction, maintenance, protection or repair of GRANTEE's facilities resulting from DISTRICT's operations and use of said land. 7. The easement to be granted hereunder is non-exclusive. 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 and the DISTRICT expressly reserves the right to grant to others the right to use the easement in any manner and for any purpose. All rights granted to GRANTEE hereunder are subject to all existing and future rights, rights of way, reservations, franchises and easements in the property, regardless of who holds the same, including the DISTRICT's right to use the property for any purpose. DISTRICT shall have the right to require GRANTEE to modify, remove or relocate its facility in a timely manner at GRANTEE's sole cost as reasonably necessary to accommodate any other user's right to construct, replace, enlarge,repair, maintain and operate its facilities,in the same manner as required by section 3 of this easement,including the rights and remedies contained therein." 8. a. In the exercise of all rights under this easement, GRANTEE shall be responsible for any and all injury to the public and to individuals arising out of 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 ail 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 the sole negligence or sole willful misconduct of the DISTRICT, its officers or employees. 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 property conveyed pursuant to this easement in an"as is"physical condition,with no warranty express or implied on the part of the DISTRICT as to any matter, including but not limited to the condition of the soil,water,subsurface strata or ambient air in,on, under at or in the vicinity of the property. 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 anyway 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. 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, arising out of or connected with Page 2 of 4 GRANTEE's operation or performance under this easement, including all costs, claims,damages(including property and personal injury) arising out of or connected with 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. e. The obligations contained in this section shall survive the expiration or other termination of this easement. 9, a. 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 or warranty by DISTRICT. b. DISTRICT makes no warranty, guarantee, representation or liability, express or implied, as to the physical condition of the property, including, but not limited to 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 substances,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,air,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. 10. 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. 11. No rights granted hereunder shall be transferred or assigned without the prior written consent of DISTRICT. 12. This easement is granted subject to encumbrances, licenses, leases, easements, restrictions, conditions, covenants, liens, claims of title, and restrictions of record and any prior rights held by others within said land, against which no warranty is made, and the word "grant" shall not be construed as a covenant against the existence of any hereof. GRANTEE shall defend, indemnify, save, protect and hold harmless DISTRICT, its agents, officers and employees, from any claim, action or proceeding to attack, set aside, void or annul this easement. 13. 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. 14. 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. 15. 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. Page 3 of 4 16. This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. rIIN--WITNESS WHEREOF, this Grant of Easement is signed and executed this 1 t\, day of Tcb--j U.Y V , 19 91. CONTRA COSTA COUNTY GRANTEES FLOOD CONTROL & WATER CONSERVATION DISTRICT _// qlal BY � � — By Aayl rc) 1 Chair, Board of Supervisors Marcello Barbero, Trustee BY P� ger Barbero, Trustee STATE OF CALIFORNIA ) DISTRICT OF CONTRA COSTA) On March 4, 1997 before me, Phil Batchelor, Clerk of the Board of Supervisors and DISTRICT Administrator, Contra Costa DISTRICT, personally appearedSupervisor DeSaulnier 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 erk��A U-�a Form Approved (12/94) Victor J. Westman RICT eunse BY Deputy NW:gpp g:\realprop\temp\ea 17bMB.t1 January 30, 1997 Page 4 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT SW7 („ D State Of California County Of Alameda On February 7 , 1997 before me, OLIVIA G. COMANDANTE, NOTARY PUBLIC , DATE NAME TITLE OF OFFICER.E.G -JANE DOE NOTARY PUBLIC- personally appeared Marcello Barbero & Ginger Barbero NAMES)OF SIGNER(S) ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ~ 00000-004- V�AG COMANDANTE signature(s) on the instrument the person(s), COMM.#1027528 or the entity upon behalf of which the NOTperson(s) acted, executed the instrument. My CaW6sk i,Emi MW e2/988 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Grant of Easement TITLE OR TYPE OF DOCUMENT Tmvs) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Six ❑ ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: February 7 , 1997 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONISI OR ENrrry9ESl None 1989 Barbero Family Trust SIGNER(S)OTHER THAN NAMED ABOVE EXMBIT "A" Legal Description An Easement for purposes of ingress, egress and utilities over an existing maintenance road along the westerly side of an irregular strip of land belonging to the Contra Costa County Flood Control and Water Conservation District,being a portion of the southeast one quarter of Section 1, Township i North, Range 2 East, Mount Diablo Meridian, lying within the City of Brentwood, County of Contra Costa, State of California, more particularly described as follows: Beginning at a point on the northerly line of Grant Street, from which Point "IG-I"as shown on Contra Costa County Flood Control and Water Conservation District Drawing No.'ED- 689'bears the following two courses: $89-22-52E 28 feet; thence NI-19-02E 137.56 feet. Thence from said Point of Beginning: NI-19-02E 537.24 feet to the southerly line of"Parcel A" as said parcel is shown in Parcel Map Book 16 page 18, recorded April 20, 1971, Contra Costa County Records;thence 589-22-52E 13 feet;thence NI-19-02E 366.44 feet;thence along a curve to the left with a radius of 758 feet, through a central angle of 6 degrees, 28 minutes, 28 seconds, a distance of 85.65 feet;thence N5-09-26W 83.96 feet to the northerly line of said "Parcel X% thence S89-22-52E 65.33 feet; thence 55-09-26E 77.38 feet; thence along a curve to the right with a radius of 823 feet, through a central angle of 6 degrees, 28 minutes, 28 seconds, a distance of 93 feet to a point from which Point "1H" of aforesaid Drawing No.'ED-689'bears N88-40-58W 23 feet, thence SI-19-02W 897.90 feet; thence N89-22-52W 50 feet; thence SI-19- 02W 5 feet to the northerly line of Grant Street; thence N89-22-52W 28 feet to the Point of Beginning. Bearings and distances are based on the California Coordinate System Zone 3 (CCS27). 0. 61-1 e,�� Paul 0. Webb L.S.5530 r {� No. 55 J� ExR} 36 00 �TFOF CALiF�� M W _ O�& to ON Dov o M U q3Q, z d `) -t, % V) 0 Q C O V �y o s ? c 3 Q N CIA° CA 0 lz C `T ................ TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: March 4, 1997 SUBJECT: Acknowledge Receipt of and Concur with Policy Determination on Earth Channel Repair Method SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: ACKNOWLEDGE receipt of attached policy by the Chief Engineer entitled `Repair of District Maintained Earth Channels" and CONCUR with his policy determination for both District and County drainage facilities. IL Financial Impact: Use of the method of bank repair outlined in the policy reduces our costs. Adoption of the policy is required by the Federal Emergency Management Act prior to their agreeing to pay their share of emergency repairs. III. Reasons for Recommendations and Backaround: Section 206.226, subsection b(3) "Restoration of Damaged Facilities", of the Federal Emergency Management Act, requires that use of standards different from the original facility must be in writing and formally adopted by the applicant. In this instance, the channel being repaired is earth lined and the earth bank has eroded or slipped out. Inlieu of trying to compact a thin sliver fill repair, it is easier, quicker, and fail proof to backfill the erosion or slip-out with large loose rock. The Federal Emergency Management Agency is unwilling to accept the Chief Engineer's policy statement to this effect with out concurrence by the governing board of the District. The same method of repair will also be used on County owned channel improvements that have been damaged due to storm flows. Continued on Attachment— SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _V RECOMMENDATION OF BOARD COMMITTEE _APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON D3-O`f —/9 APPROVED AS RECOMMENDED—OTHER I holy arily that this M s ttua and om ed oop.r et an acibn taken orad erdered m the n*AW& aF-tlor aoaN of Se on the date hm M. ATTESTE1. PRIL BATCHELOR,Geri of&M board VOTE OF SUPERVISORS of Supwvleas and C ty AamWigniii V_ UNANIMOUS (ABSENT ) AYES: NOES: DW4 ABSENT: ABSTAIN: MFK:drg g\admin:mitttwchpol.t2 Ong. Div: Public Works(FC) Contact: Milton Kubicek,(313-2203) Attachment cc: County Administrator's Office County Counsel GMEDA Federal Emergency Management Act (via PW Maintenance) Flood Control Division Accounting Maintenance REPAIR OF DISTRICT-MAINTAINED EARTH CHANNELS This policy formalizes past and current practice of performing loose rock slope protection bank repairs for erosion and/or slipouts in District-maintained earth channels. The Contra Costa County Flood Control and Water Conservation District hereby adopts the following design code and standard: District flood control earth channel bank or basin slope erosions/slipouts should be repaired with loose rock slope protection material conforming to State Standard Plans and Specifications. The specific design shall be taken from accepted technical resources. Exceptions will be allowed when the site conditions warrant a different repair method based up on a geotechnical investigation and recommendation. Use of this repair method for the past ten years has shown it to be cost-effective due to simplicity of design and construction while providing long-term stability. In recent repairs, the US Army Corps of Engineers and State Fish and Game have approved the use of this repair method since it minimizes the environmental impact. J. Michael Walford, Chief Engineer Date JM W:GC:pc a:krixlap.wpd REPAIR OF DISTRICT-MAINTAINED EARTH CHANNELS C. 10 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Order on March 4 . 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None ------------ SUBJECT: Board Proceedings during the Month of February. 1997 IT IS BY THE BOARD ORDERED that the reading of the minutes of the proceedings of this Board for the month of February, 1997 is WAIVED, and said minutes are APPROVED as written. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 4. 1997 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator BY"�j d 0A 0. .JDeputy C. 11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Order on March 4 . 1997 by the following vote: AYES: Supervisors Rogers, Uilkma, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None SUBJECT: Affidavits of Publication of Ordinances This Board having heretofore adopted Ordinances Nos. 97-2 Affidavits of Publication of each of said Ordinances having been filed with the Clerk during the month of February. 1997 ; and it appearing from said affidavits that said Ordinances were duly and regularly published for the time and in the manner required by law; NOW THEREFORE, IT IS BY THE BOARD ORDERED that said Ordinances are declared duly published. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 4 . 1997 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By0 0 ,Deputy