HomeMy WebLinkAboutMINUTES - 03282000 - C10-C13 �• 1 t/
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
DATE: March 28, 2000
SUBJECT: Approve plans and specifications and Advertise for bids for the Marsh Creek Channel
Improvements Project in the Brentwood area.
Project No.: 7590-6D8466-00
CDD-CP# 96-64
Specific Request(s) or Recommendation(s) & Background & Justification
I. RECOMMENDED ACTION:
APPROVE the Plans and Specifications for Marsh Creek Improvements Project and
ADVERTISE for bids to be received on Tuesday, May 2, 2000, at 2:00 p.m.
DIRECT the Clerk of the Board to publish the Notice to Contractors in accordance with Section
22087.
Continued on Attachment: X SIGNATURE: 't
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON MARCH 28, 2000 APPROVED AS RECOMMENDED X_OTHER_
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
VOTE OF SUPERVISORS date shown.
_X_ UNANIMOUS (ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: MAEcu 28 �000
KE:sd PHIL BATCHELOR, Clerk of the Board of
\\PWS4\SHARDATA\GrpData\Design\Board Orders\ Supervisors and County Administrator
BO 2000\Marsh Creek Channel Improvements 3-28.doc
Orig.Div: Public Works(Design Division)
Contact: Kevin Bmigh(313-2233)
cc: E.Kuevor,CAO
Auditor-Controller By
(alztv�'
Community Development D Uty
PW Accounting
Construction
SUBJECT: Approve Plans and Specifications and Advertise for bids for the Marsh Creek Channel
Improvements Project in the Brentwood area.
Project No. 7590-6D8466-00, CDD-CP # 96-64.
DATE: March 28, 2000
PAGE: 2
II. FINANCIAL IMPACT:
The estimated contract cost of the project is $379,000, funded by City of Brentwood Loan (100%).
In an effort to help the District provide adequate flood protection in their jurisdiction, the City of
Brentwood has provided the District with a loan to cover 100% of the total project cost. Monies
will be repaid from future Flood Control Zone 1 revenues.
111. REASONS FOR RECOMMENDATIONIBACKGROUND:
The project is needed to increase capacity in the channel and eliminate the restriction at the
Dainty Avenue culvert crossing.
The Chief Engineer has filed with the Board of Supervisors the Plans and Specifications for the
project.
The general prevailing rates of wages, which shall be the minimum rates paid on this project, have
been filed with the Clerk of the Board and copies will be made available to any interested party
upon request.
The Board reviewed and approved the Addendum to the Final Environmental Impact Report
(FEIR), CDD-CP# 96-64.
A Notice of Determination was filed with the County Clerk on December 18, 1996.
IV. CONSEQUENCES OF NEGATIVE ACTION:
If the project is not approved for advertising, it will not be constructed.
call
TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: March 28, 2000
SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL
DISTRICT AND LIBERTY UNION HIGH SCHOOL DISTRICT FOR FREEDOM HIGH
SCHOOL PROPERTY IN DRAINAGE AREA 30C, OAKLEY AREA.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE a reimbursement agreement in the amount of $303,234.17 between the Flood Control District
(DISTRICT)and Liberty Union High School District(DEVELOPER)and authorize the Chair of the Board
to execute the agreement on behalf of the District.
H. Financial lmpact:
Future drainage fees will be obligated to payment of the relipburs
Continued on Attachment: X SIGNATURE: llv"�4
_RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON MARCH 28, 2000 APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT NONE_ )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this is a true and correct
1U+WS4\SRARDATAICrpDatalFldCtlWdtninistradon\BoardOrden\2000 1301130REIM-PHS.doc Copy of an action taken and entered on the minutes of
Orig.Div: Public Works Flood Control
Contact: N,Leary(313-2278) the Board of Supervisors on the
CAO
County Counsel date shown.
PW Accounting
ATTESTED: MARCH 28, 2000
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By Deputy
`SU�SJEC'i: off'
DATE:
PAGE
III. Reasons for Recommendations and Background:
The Developer has been required to construct drainage area improvements at a cost which exceeds the amount
of drainage fees required to be paid by the developer under the terms of the drainage area fee ordinance. The
Developer is entitled to a partial reimbursement of the excess costs as provided for in the drainage area credit
and reimbursement policy.
IV. Consequences of Negative Action:
Nan-approval of the agreement would be inconsistent with the adopted.Credit and Reimbursement Policy.
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
REIMBURSEMENT AGREEMENT
1. PARTIES. Effective March 28, 2000, the Contra Costa County Flood Control and Water
Conservation District, (hereinafter called "DISTRICT"), and Liberty Union High School
District, a California Public School District, (hereinafter called"DEVELOPER"),mutually
agree as follows:
2. INTRODUCTION.
A. DEVELOPER is developing the property designated as Assessor's Parcel Numbers
034-050-003 &004 within Drainage Area 30C. Said development,when the project
began,was within the jurisdiction of the County of Contra Costa(hereinafter called
"COUNTY"),now in the City of Oakley(hereinafter called"CITY"). To satisfy then
COUNTY's conditions of approval for said development,DEVELOPER installed a
portion of the drainage facilities shown on the adopted Drainage Plan for Drainage
Area 30C.
B. The cost to install these facilities exceeds the amount of drainage fees required by the
drainage fee ordinance for said drainage area, Ordinance No. 87-70.
C. DISTRICT has adopted a Drainage Area Credit and Reimbursement Policy for said
drainage area.
D. Since DISTRICT has an effective Drainage Plan and Drainage Area Credit and
Reimbursement Policy for said drainage area,DEVELOPER has requested that the
DISTRICT enter into this agreement with DEVELOPER, pursuant to said policy.
3. TERMS. DISTRICT shall reimburse DEVELOPER for eligible costs exceeding the amount
of fees required by said ordinance, in accordance with the terms of this agreement and the
DISTRICT's above-mentioned Drainage Plan and the Drainage Area Credit and
Reimbursement Policy for said drainage area, which policy is attached as Exhibit "A" and
made a part hereof by this reference.
4. ELIGIBLE COSTS. The drainage facilities, right-of-way, and other items eligible for
reimbursement and their estimated costs are outlined on Exhibit "B", attached hereto and
incorporated herein by this reference.
5. DEDICATION OF EASEMENTS AND TRANSFER OF FEE TITLE PROPERTIES.
Easements containing the drainage facilities covered by this agreement shall be offered for
dedication to City of Oakley. Fee title properties containing the detention basin
improvements covered by this agreement shall be transferred to the District.
6. CONFORMANCE TO PLANS AND SPECIFICATIONS. The drainage facilities covered
by this agreement shall be installed in conformance with the plans and specifications
prepared by DEVELOPER and approved by COUNTY. DISTRICT shall be under no
obligation to perform under this agreement unless the drainage facilities are accepted as
complete by CITY and by the DISTRICT.
7. HOLD HARMLESS. DEVELOPER shall defend,indemnify,save and hold DISTRICT,its
governing body,officers,agents and employees absolutely free,clear,and harmless from any
claims, actions, or costs arising from any property and/or rights acquisition which may be
necessary hereunder, or arising from any and all damage to property, injury to persons,
including death, or any other type of liability arising as a result of DEVELOPER's
installation of the drainage facilities required by the conditions of approval for said
development.
8. NON-RESPONSIBILITY OF DISTRICT. The installation of drainage facilities covered by
this agreement is the sole responsibility of DEVELOPER, except for the normal inspection
provided by the COUNTY. DISTRICT assumes no responsibility whatsoever for
construction procedures and methods utilized by DEVELOPER in constructing the drainage
facilities.
9. PAYMENT. Payment terms are set forth in Exhibit "A", except as amended below, and
except that the first payment shall not be made until DEVELOPER submits to DISTRICT
Page 1
acceptable evidence that DEVELOPER has paid for the installation of the drainage facilities `J
covered by this agreement; and until the detention basin right of way has been accepted by
the DISTRICT and, until the required Grant Deed of Development Rights over a portion of
APN 034-050-043 has been transferred to the Contra Costa County Board of Supervisors as
the governing Board of the DISTRICT. Once the conditions required above have been met,
the District will immediately process the first payment in the amount of$143,234.17. The
second payment in the amount of$100,000 shall be made one year after the first payment.
The third and final payment shall be in the amount of$144,000 and shall be made one year
after the second payment.
10. TERMINATION. This agreement shall remain in effect either(1)for 40 quarters as provided
in Section V.B. of Exhibit "A",or(2)until DEVELOPER has been reimbursed for the total
eligible reimbursement amount, whichever first occurs. Non-submittal of the acceptable
evidence of payment required by Section 9 shall not result in an extension of the termination
date.
11. NO OTHER RECOURSE AGAINST DISTRICT.
A. This agreement constitutes the total statement of rights between DISTRICT and
DEVELOPER concerning payment or reimbursement for costs of installing the
drainage facilities exceeding the required drainage fees.
B. If, after the expiration of the 40 quarters described in Section V.B. of Exhibit "A",
DEVELOPER has not received the total reimbursement amount,DEVELOPER shall
have no right to further reimbursement by DISTRICT from any drainage fees
thereafter collected by the DISTRICT, or from any other source of DISTRICT
funding.
CONTRA COSTA COUNTY FLOOD CONTROL DEVELOPER`
AND W ER CONS TION DISTRICT Liberty Union High School District
By
Chair of the BaerQfupervisors, as governing Bbody of the Cantrta County Flood Control Daniel M. Smith, Superintendent
and Water Conservation District pursuant to Board Resolution 00—
ATTEST: And By N.A.
Phil Batchelor, Clerk of the Board of Supervisors
and County Administrator *Corporations require two signatures, one by the
President or Vice President, and one by the
Secretary or Treasurer. Signatures by
By DEVELOPER must be notarized.
De Clerk
RECOMMENDED FOR APPROVAL:
J. Michael Watford
Chief Engineer
4 x
t 'U\
By
APPROVED AS TO FORM:
Victor J. Westman
('-- County Counsel
By
Deputy
Exhibit"A" -Drainage Area Credit and Reimbursement Policy
Exhibit"B"- Calculation of Reimbursement Amount
Tw/tw
g:tfldct11da130c11bhs.agm
January 4,2000
Page 2
G?r/
Note to Developer: For corporations, the contract must be signed by two officers. The first signature must
be that of the chairman of the board, president or vice-president; the second signature must be that of the
secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps.
Code, Sec. 313.) The acknowledgment below must be signed by a Notary Public,
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of C,m4m )
On the date written below, before me, the undersigned Notary Public, personally appeared
the person(s) signing above for Developer, 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.
WITNESS my hand and official seal
CM 0PP01101101
Dated: Fe6. (.) and� Mhrc �w
[Notary's Seal]
Notafy Public
Page 3
EXH-MIT "A" rf
E�RAIZIAGE AR> A CRF�I71'L' ANC? fiJUCY
Adopted June, 1989
a,
'the follawing policy adapted by the Board of SA-�ervisors, as the gc rerning body
Of the Contra Costa County Flood Cont=l and Water Cc y-t-vati.on. District, shaLa
be used to determine credits and re° as provided for in various
Drainage Area Fee Ordinances-
I.
nc sI_ DEFINI'T'IONS: v
I. Drainage Area Plan. The engineering plan which shows and lists the
size, length, and location of drainage facilities adopted for a
Drainage Area.
2- D2ai � Area FeOzdu uangg s. An ordinance e adopted for a Drainage
Area specifying the dsainage fee ne ;-iry to complete c ox-i 2=tion of
the planned facilities.
3- Dra u�qe A Fee Oblic*ata on. The ds i r7age fee due on a development as
determined f= the Drainage I mage Area. Fee Crdisoncxe.
4. Eligible Costs. Me ccs-k of installing dra-inage facilities which az-1-a
part of the Drainage Area Plan.
S. In-tract Dzajp qe Facilities. Drainage facilities re� within the
limits of the develc t.
5. Off-tract Drainage Facilities. Drainage facilities requisac9. outside
the limits of the development.
7. Cx°edit. tdhen a Drainage Fee Ord.in+ax allows construction of drainage
facilities in lieu of the payment of drainage fees, the eligible
ccri t�ucctticn costs may be applied as a credit against the drainage area
fee. obligation.
8- t. payrentw to the developer for the eligible cost of
installing drainage area, facilities in emzess of the drainage area fee
obligation.
IZ. I: IaL,s�t-allati.on Of drainage faciliti..es require3, as a condition of
prcpert development can be very costly, and in many cases benefits other
properties ties within the water. A Drainage Fee Ordinar spreads the costs
of the drainage facilities to all of the benefitting prcpes„ta,es anti ens,
through, a system of fees, credits, and , equitable. financial
participation.
the drainage fee ord_i lam motes a fee obligation on all properties
Within the Drainage Area. The ordironc . becomes operative upon a request to
l
develop or hgprove a parcel_ of land. 'Itie draixsage area fee obligation is
limited to the fee due and is payable either in the form of cash or the
installation of a portion of the drainage facilities shown on the adopted
drainage area plan.
When a condition of development requires the construction of drainage
facilities with a cost in excess of the drainage fee obligation imposed by
the fee ordinance, a portion of . the excess cost ray be eligible for
reimbursement.
IZI. Eligible fists. A portion of the cost to install drainage facilities shown
on the adopted drainage area plan may be, eligible for credit against the
Wired drainage fees and for reim ursemnt" of costs in excess of the
drainage fee obligation. Cl-edit or t shall be limited to the
following eligible cots:
1. Actual l in-tract and off-tact construction casts plus a fixed amount of
7 percent of the in-tract construction cost and 14 percent of the off-
tract conviction cot for allowance , of miscellaneous developer's
costs,, including contract preparation,-' engineering, bonding, etc.
construction cots do not include utility relocations or the
acquisition of rights of way.
2. Actual public agency project inspection fees for only those drainage
area facilities shown on the adopted drainage plan.
3. Actual off-tract utility relocation costs.
4. Actual off-tract right of way acquisition costs needed for the
installation ation of drainage area facilities, provided the developer does
not have a beneficial interest in the off-tract property.
9he, determination of construction cuts will be based on at least three
independent bids. The developer shall submit said bids to the District for
rev-iew and concurrence.. Upon District concurrence with the bids, the lowest
bili shall be the basis for determination of the credit �nd reimbursement
amount.
The District reserves the right to reject the developer's bids or any other
prcpcsed value ofsaid eligible cots and to calculate said costs and the
fixed marlaips using then cert prices.
If the developer elects to install a more coaly drainage system than shown
on the adopted drainage area plan, the District reserves the right to
calculate said eligible costs using the then current prices for only the
facilities shown an the adopted plan.
IV. Credit. The developer may apply as a credit toward the drainage fee
Obligation the eligible cysts .to construct drainage area facilities.
2
V. Reimbursement.
A. Where the am xmt of said eligible costs exceed the drainage fee due,
th:e developer, upon entering into a reimbursement agreement with the
District, shall be eligible for a percentage reimbursement on the
am=rt of the eligible costs det =ciined by Sec=tion III. above, in
excess of the drainage fee due as follows:
Off-tract work: 100%- (One Hundred Percent)
On-tract work : 50% (Fifty Percent)
Prior to the application of the above percentages, t he 'eligible cats
in excess of the drainage fee due shall be prorated between. off-tract
work and on--tract work in the same proportion as the total eligible
costs for off-tract work and on-tract work are to the total eligible
costs.
B Ttie re i x=sement shall be subject to the follow limitations:
1. Reimbursements shall be paid only from drainage fees collected
pursuant to a Drainage Fee. ordinance.
2. If more than one agreement is in effect in a
Drainage Area, the payment to each agreement sell
be based can the ratio of each agreement's original amamt to the
total original amount of aLl outstarAing reimbursement agreerants.
3. The District re:,erves3 the right to utilize not more than 8o
percent of the drainage fees collected annually, on a fiscal year
basis, for the p=pose of making reimbursement payments.
4- payments sha.l.l be made quarterly, eacpt that,
during any quarter the District reserves the might not to make
said payments if the amount of available f=ds to be disbursed is
less. than $5,000.
5. amts shall remain in effect for 40 quarters.
`I.".he first quarter shall be the one following then q axter- in which
the first reimbursement payment is made. Any outstanding balance
owed at the end of the 40 quarters shall be waived by the
developer.
6. Reimbursement agreements executed primo to a government loan
stall share with the goverxt lean and othereimbursement
r
nt(s) the payments calculated in paragraph B.2 above.
7• Reimbursement agreement(s) executed subseguent to a government
loan(s) shall, have payments ,calculated"ated" using the pro.-rata basis
of paragraph B.2. above. Heger_, in order to accelerate
repayment of the government loan(s), the "calculated" payment
shall be applied to repayment of the government loan(s), rather
than be disbursed to the subsequent reimbursement agree zmt(ss) .
3
Upon full repayment of the goversm-ent loan(s),
payments shall commence to the subsequent re%mbursement
agreement(S) . 75u-- forty quarter time limit for a subsequent
reimbursement agreement shall not start until thedate the first
payment is made to the reinbursement agreement.
VI. A=li.cability« Upon adoption by a drainage area, this policy shall, be the
basis for all subsequent agents in 'that drainage are.
This policy will not alter any reimbursement agreement e cecst , pL=suant to
a different policy.
RSC.Sj
ISA: .imp ol.0
March 8, 1990
4
EXHIBIT B
Drainage Area: 30 C
Development: Liberty Union High School
Developer: Liberty Union High School District
850 2nd Street
Brentwood, CA 94513
Assessor's Parcel: 034-050-003 & 004
DRAINAGE AREA 30C FEES
I;.ntArea �aambined iTltlmate �'�� Fee Tfue
Mpg Sarface
45.5 Acres 1,039,753 $0.23 per square foot $239,143.00
8.0 Acres
Total 1 A30C Fee Due $239,143.00
ELIGIBLE CONSTRUCTION COSTS:
IN-TRACT WORK.
7.777777771
1)00 ptlon Qraaiiflt fJnit ost � 1;Totat
Line E-54"CIDP 1,300 LF $60/LF $7$,00000
Line Q-30"CIDP 150 LF 545/LF 6,750.00
Pipe Outfall Structure I LS $2,500 ea. 2,500.00
(Lame)
Pipe Outfall Structure I LS $2,000 ea. 2,000.00
(Small)
Type III Manholes 5 ca. $3,100 ea. 15,500.00
Type I Manhole I ea. $2,000 ea. 2,000.00
Mobilization 1 LS $7,500 LS 7,500.00
Subtotal $114,250.00
Engineering (14%) 7,997.50
Inspection (8%) 9.140.00
In-Tract Total $131,387.50
OFF-TRACT �
f•n.. wrr.. %,k
:;g;: `"�2::.;.y. :iii}2'i�' ta>:::-'.:•i.:.:
_x•w:a.. 3:�.�`��� ���.4.a nb.rb.r,.. ..o-..# .x:"•..>...-.' .. ...ra.,:.ats:•,.:,o-:.:,•., :.5 ...t ...t a:::r:i:i't: +:i?�iiiii.... Q
Finish Grading LS $10,000.00 $10,000.00
Bashi Fencing 1 $25,000.00 LS 25,000.00
lv�obilization 1 $7,500 LS 7,500.00
Gravel-Access Road 1 $8,000 LS 8,000.003
Subtotal $50,500.00
Engineering (14%) $7,070.00
Inspection(8%) $4,040.00
Basin Right of Way
(8.62 acres @ approx.
45,015.66 per acre) $388,035.00
Ufa Tract Total $449,645.00
Total Eligible Costs $581,032.50
Drainage Area Fees $239.143.00
Eligible Costs
Exceeding Fees $341,889.50
In-Tract Reimbursement �3a 50% $38,655.33
Off-Tract Reimbursement @}a 100% $264,578.84
TOTAL REIMBURSEMENT $303,234.17
g:\fldctl\work\exb.t7
z
Recorded at the request of:
Contra Costa County
Flood Control and Water Conservation District
Return to:
Public Works Department
Flood Control Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Order on March 28, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILIA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 2000/139
SUBJECT: Authorizing Acceptance of Instrument.
IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Grant Deed Freedom H.S. Liberty Union High School District Oakley
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 28, 2000
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By Deputy
:jig
G:\GrpData\FldCtl\Administration\Board Orders\2000 BO\Reso GrantDeed-FHS.doc
Orig.Dept.: Public Works(Flood Control)
Contact Person: Neil Leary(313-2278)
cc: Recorder(via Clerk of the Board)then PW Records
RESOLUTION NO. : 2000/139
Recorded at the request ofCVtRR �A CO Recorder of f ice
Contra costa County {,SYRClerk-Recorder
,
Flood Control&Water STEPHEN L.
Conservation District C)OC ' 2006.@068105-00
Return to: 1, APR 05, 2000 09:25'"
Contra Costa CountyFig $0.00 00 Nbr-0000553558
Public Works Department 7t1 Pd 60. !re/R8l1-5
Real Property Division
255 Glacier Drive
Martine,CA 94553
Attn:
Assessor's Parcel No.
Title Co.Order No.
GRANT DEED
For Value Received,
LEBERTY UNION HIGH SCHOOL DISTRICT, a California public school district,
GRANT(S)to
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a political subdivision of the State of California,
the following described real property in the City of Oakley, County of Contra Costa, State of
California,
FOR DESCRIPTION SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART
HEREOF.
GRANTOR
L)ber � Un i cn H inh 6c) bisiric�
Date 2 .2`1- 0-0
Daniel M. Smith, Superintendent
Pursuant to Board Resolution -&6--
1000-03
ATTACH APPROPRIATE ACKNOWLEDGMENT
Note to Develouer For corporations,the contract must be signed by two officers. The first signature must
be that of the chairman of the board, president or vice-president; the second signature must be that of the
secretary,assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps.
Code, Sec. 313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE of ACKNOWLEDGMENT
State of California )
) ss.
County of (2 S )
On the date written below, before me, the undersigned Notary Public, personally appeared
the person(s) signing above for Developer, 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 helshe/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.
WITNESS my hand and official seal.
iAr7—M_ _
err pit i
t*cowm
Dated: F � 12, 200 r
►r i =1
[Notary's Seal]
Nota Public
EXHIBIT nAw�
REAL PROPEL IN THE CITY OF CkAn", CXxwy OF awm CD5"TA, SPATE OF
CZFMWEA, BEING A PC?RTIC N OF ME SOMMDM WARM OF SECTION 35,
TOWNSHIP 2 NORTH, FLANGE 2 EAST', Fl UNT DIS PIAN, DESCRIBED AS
FOLLOWS
CICMENCTNG AT THE SOUrRMST CORNER OF SAID SECTION 35; THENCE ALOM THE
EAST LINE OF SAID SEC=0N 35 NORTH 00002'05" EAST 945.08 FEET TO A
POINT; THENCE LEAVING SAID MUST LINE NORM $957'55" WEST 55.00 FEET TO
ME FOINT OF BEFM THIS ; THENCE FIJI SAID POINT OF
BEGIMM ALOM A LINE PARALLEL M.,AND 55.00 FEEfi WEST OF SAID EAST LINE
OF SECTION 35 aOUIH 00002'05" WEST 815.00 f ; THENCE LEAVING SAID
PARALLEL, LINE AIS A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00
FES' THRQUGH A CF NIRAL ANGLE OF 90003'4811 AN ARG LENT OF 31.44 FEET TO
A POINT OF TANG NCY; THENCE ALONG A LINE PARALLEL, AND 110 FEET NOME OF
THE SOU'G'H LINE OF SAID SEL" CN 35 NORM 8905410711 WEST 485.95 FEET;
MI'M LEAVING SAID PARALLEL LINE NMRIH 0000!5'53" EASr 475.00 FEET;
THENCE SOUM 89054107s FAST 95.00 F'EE`T'; THENCE NC RTli 31?22'19-1 EAST
45.33 FEET; `IR MC'E NORlM 0000515311 EAST" 320.00 Fes; THENCE SOUTH 89O
57'551' EAST 386.00 FEET TO ME POINT OF Be�I .,
OC7NI'AINING 8.71 ACRES, MORE OR LESS.
� r
v No.21,856 y'r
w,
Exp.9-30-6 ..
.f?k' cI ,..�y,r'1.
11 1V
POINT X COMMEN9W9NT '
EAST UNE, SECTION 35 S.E. CORNER, SECTION 35 T2N, R2E
,1w1,
( 96- 17390 01HARA AVENUE
S00'02'05"W 945.08' --.
589'57'55"E
' S00*02'050W 815.00'
POINT OF11RIONN
2,0' ##��yy , EASEMENT TO
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C-13
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 28, 2000, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 2000/1.40
Deerings Water Code, Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31
Government Code § 25526.6
SUBJECT: Conveyance of an Easement to Pacific Bell Telephone Co.
Portion of Assessor's Parcel No. 129-330-080
Project No. 0651-61_083A (629-99)
CP No. 00-11
Concord Area
The Board of Supervisors as the Governing Body of the 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 September 24, 1979, in Book 9541 at page 243,
in the Concord area. Pacific Bell Telephone Co. has requested an easement over a portion
of said property, described in Exhibit "A" attached hereto, for communication facilities.
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 Pacific Bell Telephone Co. over the property described in Exhibit "A" attached hereto,
pursuant to the above-referenced statutory authorities 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$5,000.
The Real Property Division is DIRECTED to cause said Easement to be delivered
to the grantee.
I hereby certify that this is a true and correct
LO:eh copy of an action taken and entered on the
G:\GrpData\RealProp\2000-Files\BOs&RBS\BR27Apb.doc minutes of the Board of Supervisors on the
Orig.Dept.: Public Works(R/P) date shown.
Contact: L. Lucy Owens(313-2229) ATTESTED: MARCH 28, 2(700
cc: Public Works Accounting
Public Works Records PHIL BATCHELOR,Clerk of the Board of
T.Torres, Engineering Services Supervisors and County Administrator
Grantee(via R/P)
Community Development By k� Deputy
RESOLUTION NO. 2000/140
This Board hereby FINDS that the proposed conveyance will not have a significant
effect on the environment, and that it has been determined to be exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Article 5,
Section 15061 (b)(3) of the CEQA Guidelines and DIRECTS the Public Works Director to
arrange for payment of the $25.00 handling fee to the County Clerk for filing and a $25.00
fee to Community Development for processing of the Notice of Exemption.
RESOLUTION NO. 2000/140
Recorded at the request of:
PACIFIC BELL
After recording return to:
Pacific Bell
2410 Camino Ramon,
Suite 350N
San Ramon, CA 94583
Attention: Judy Charles
Portion of A.P.N. 129330-080
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"DISTRICT"), hereby grants to PACIFIC
BELL TELEPHONE CO., a California corporation, (hereinafter "GRANTEE"), a
nonexclusive right to a perpetual easement and right of way to construct, maintain, place,
operate, inspect, repair, replace and remove such communication facilities as Grantee may
from time to time require, (including ingress thereto and egress therefrom) consisting of
cables, wires, conduits, manholes, handholes, markers, pedestals, electrical conductors,
structures with electronic communication equipment therein and associated paving,
fencing, and other necessary fixtures and appurtenances related thereto for telephone
lines, and related support for such lines, as presently authorized by Public Utilities Code
(PUC) 7901. Any other use is unauthorized and, at the DISTRICT's option, shall invalidate
the easement. For the hereinafter described parcel of land situate in the City of Concord,
County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A" AND "B"
The foregoing grant is made subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to
this easement (hereinafter the "Property") is for purposes, including, but not limited
to, the right to operate, maintain and for ingress and egress to flood control facilities.
GRANTEE acknowledges and agrees that the use just described constitutes the
primary use of the Property and that any and all rights granted or implied by this
Grant of Easement are secondary and subordinate to the primary use of the
Property by the DISTRICT, its successors and assigns. GRANTEE shall not, at any
time, use or permit the public to use the easement area in any manner that will
interfere with or impair the DISTRICT's primary use of the Property. GRANTEE shall
not fence said easement without the prior written approval of the DISTRICT, and
shall remove any fencing when requested by DISTRICT to do so. GRANTEE shall
not otherwise obstruct the easement area.
1
2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the
Property and agrees never to assail or resist said title.
3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior
to any construction, reconstruction, remodeling, excavation, installation or plantings
within the easement area, submit specific plans and specifications to the 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.
(b) Normal maintenance by GRANTEE of its facilities within the easement area,
including inspection and cleaning of existing pipelines, shall not require prior notice
to the DISTRICT. GRANTEE shall perform maintenance of its facilities so as to
prevent damage to the site.
4. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Property, facilities,
landscaping or other improvements, removed or damaged as a result of the use of
the easement area by GRANTEE, or any other person or entity acting under
GRANTEE's direction or control, shall, at DISTRICT's discretion and direction, be
repaired or replaced by DISTRICT, with all reasonable costs and expenses to be
paid by GRANTEE (including but not limited to engineering costs and legal costs of
collecting any unpaid expenses) or shall be repaired or replaced by GRANTEE, at
the sole cost and expense of GRANTEE, equivalent to or better than their existing
condition. In the event that GRANTEE fails to commence the required work within
thirty days after being directed to do so by DISTRICT, or such reasonable extension
as DISTRICT may agree to in writing, or fails to complete the required work within
a reasonable time thereafter, DISTRICT may perform or complete the work at the
expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT
promptly upon demand, including but not limited to engineering costs and any legal
expenses incurred to collect such costs.
5. DAMAGE TO GRANTEE'S FACILITIES: DISTRICT shall have no responsibility
for the protection, maintenance, damage to, or removal of GRANTEE's facilities,
appurtenances or improvements, caused by or resulting from DISTRICT's use of the
Property or work or operation thereon. It shall be the sole responsibility of the
GRANTEE to provide and maintain adequate protection and surface markings for
its own facilities. Subject to the foregoing, if GRANTEE's properly marked,
protected and maintained facilities are damaged by the sole, active negligence or
willful misconduct of DISTRICT, DISTRICT shall repair the damage at its sole cost
and expense or, at the discretion of and upon written notice from DISTRICT, the
damage shall be repaired by GRANTEE and the pre-approved reasonable cost of
such repair shall be paid for by DISTRICT. Under no circumstance shall DISTRICT
have any liability to GRANTEE or to any other person or entity, for consequential
or special damages, or for any damages based on foss of use, revenue, profits or
business opportunities arising from or in any way relating to, any damage or
destruction of any portion of the GRANTEE's facilities. GRANTEE hereby
acknowledges that its sole remedy for any damage to or destruction of any portion
2
L�1�
of GRANTEE's facilities, to the extent DISTRICT is otherwise so liable under this
Grant of Easement, shall be to require DISTRICT to repair or replace the damaged
or destroyed portion or reimburse GRANTEE for GRANTEE's pre-approved
reasonable costs and expenses in repairing or replacing the damaged or destroyed
portion.
6. NUN-EXCLUSIVE EASEMENT: The easement granted hereunder is non-
exclusive. This easement is subject and subordinate to all existing rights, rights of
way, licenses, reservations, franchises and easements of record, or that would be
evident from a physical inspection or accurate survey of the Property, in and to the
Property. GRANTEE agrees to take all precautions required to avoid damage to the
facilities of the existing users. If GRANTEE damages the facilities or improvements
of any existing user, GRANTEE shall repair or replace such facilities at GRANTEE's
sole cost and expense. Nothing contained herein shall be construed to prevent
DISTRICT from granting other easements, franchises, licenses or rights of way over
said lands, provided however, that said subsequent uses do not unreasonably
prevent or obstruct GRANTEE's easement rights hereunder.
7. FRANCHISE FEES: To the extent not exempt by PUC 7901, the Grantee shall pay
to the DISTRICT a franchise fee for use of the DISTRICT right of way at the
maximum rate permitted by law. To the extent that any telephone or telegraph line
installed pursuant to this easement is used for the operation of a cable system, as
now or hereafter designed in a state of federal law, or for the transmission of video
programming, or other programming services to subscribers, the Grantee shall be
required to apply to the DISTRICT for a cable franchise and shall pay to the
DISTRICT a franchise fee on gross revenue at the maximum rate allowed by law.
8. INDEMNIFICATION, AS-IS CONDITION OF PROPERTY: (a) In the exercise of
all rights under this easement, GRANTEE shall be responsible for any and all injury
to the public, to persons and to property arising out of or connected with
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 all 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
3
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 easement area in an "as is" physical condition, with no
warranty, guarantee, representation or liability, express or implied on the part of the
DISTRICT as to any matter, including but not limited to the physical condition of the
Property and/or 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 substance, 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, 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 and
is not relying in any manner on any representation or warranty by DISTRICT.
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 any way 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 casts 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, to the extent caused or
contributed to by GRANTEE's operation or performance under this easement, or
GRANTEE's use, release or disposal of any hazardous substance, including all
costs, claims, damages (including property and personal injury) caused by the
4
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, to the extent that such activities increase the
costs attributable to the cleanup or remediation of such hazardous materials.
e) The obligations contained in this section shall survive the expiration or other
termination of this easement.
9. NO WARRANTIES: 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.
10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein
continuously for a period of one year, or in the event GRANTEE abandons 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 thereupon cease and terminate and
shall immediately revert to and vest in DISTRICT or its successors. Upon any such
termination of GRANTEE's rights, GRANTEE shall, upon request by DISTRICT, and
at GRANTEE's sole cost and expense, remove all of its facilities from the easement
area and restore said Property to its original condition. Upon the failure of
GRANTEE to do so, this 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 ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be
transferred, apportioned or assigned without the prior written consent of DISTRICT.
12. ENTIRE AGREEMENT: 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.
13. CONSTRUCTION: 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.
5
14. SUCCESSORS AND ASSIGNS 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.
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day
of &A AX,g ,
CONTRA COSTA COUNTY GRANTEE PACIFIC BELL
FLOOD CONTROL AND TELEPHONE CO.
WATER CONSERVATION DISTRICT
By By
Chair, Board of Uervisors B on M Daniel
TITLE: VIce President,
Engineering and Construction
STATE OF CALIFORNIA)
DISTRICT OF CONTRA COSTA )
On MARCH 280 2QOO before me, Phil
Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County,
personally appeared DONNA GERBER
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 autho-
rized capacity(ies), and that by his/her/their signa-
tures)on the instrument the person(s),or the entity
upon behalf of which the person(s)acted,executed
the instrument.
By: 992!n7� ?q�
DeputkoClerk
Form Approved(07/99)
Victor J.Westman, County Counsel
LLO:eh
G:\Grpbata\RealProp12000-Files100-2tEA17PA.pacb.doc
2/23/00
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
y
State of California
r^� ss.
County of CoAr /�R t..-os TA
On R1�. 11J 2 ._2000, before me t/ l - —0-1-IAA oT /'ud't
Data Name and Title of officer(e.g., Jana Doe,Notary blip")
personally appeared !Q®N rl1
Narrw(r)of Signer(u)
epersonaliy known to me
proved to me on the basis of satisfactory
evidence
to be the personX whose name(g)&"
subscribed to the within instrument and
acknowledged to me that( VW/thtry executed
the same in his Wr/toir authorized
oFF11crALUAL-IIGO It capacity(ipd), and that by hi h r/ttMir
JUDfTH A.CNARM jjsignatureX on the instrument the person(,*, or
NOTARY F Ythe entity upon behalf of which the personX
5 Z COUNTY OF CONTRA cosTA
My p.we��, mot i acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Publics
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Q-9AA1r Of L# &dMd;"
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
i
Capecity(les) Claimed by Signer
Signer's Name: 8YAQA1 Mt J`)
Individual 7 here
[3 Corporate Officer—Title(s): '
❑ Partner—❑Limited ❑General
❑ Attorney in Fact {
❑ Trustee
❑ Guardian jor conservator �+
Other: RXM.6&AJf,• 4WC1Al,etAlnJG-4Ae C0A1XZt'0G97a+rt/ 4:-M,
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Signer Is Representing: I-A d lie if,--JZZL
C 1997 National Notary Association•9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Prod.No.6907 Reorder.Call Toll•Froo 7-800-676-W27
Brian Kangas Faulk
Engineers . Surveyors + Planners
September 23, 1999
BKF Project No. 19995105.50
EASEMENT DESCRIPTION
FOR PACIFIC BELL
(across Contra Costa Flood Control & Water Conservation District property)
ALL that certain real property situate in the City of Concord, County of Contra Costa, State of
California, and described as follows:
BEING a portion of the property conveyed to the Contra Costa County Flood Control and
Water Conservation District described in the Grant Deed recorded September 24, 1979 in Book
9541, at page 243 (Series number 79-134548), in the Office of the Recorder of Contra Costa
County, State of California, said portion being more particularly described as follows:
BEGINNING at the most easterly corner of Lot 432 as said lot is shown on that certain map
entitled "Subdivision 3873, A Portion of Rancho San Miguel, City of Concord, County of
Contra Costa, California", filed September 30, 1970 in Book 133 of Maps at pages 6 and 7, in
the Office of the Recorder of Contra Costa County; thence northeasterly along the southeasterly
line of said Contra Costa County Flood Control and Water Conservation District property
(Series number 79-134548), said southeasterly line also being the northeasterly prolongation of
the southeasterly line of said Lot 432 (133 Maps 6), North 531103'45" East 36.25 feet to the
most easterly corner of said Contra Costa County Flood Control and Water Conservation
District property (Series number 79-134548); thence northwesterly along the northeasterly line
of said Contra Costa County Flood Control and Water Conservation District property (Series
number 79-134548),North 32035'20"West 5.01 feet to a point on a line parallel with and being
distant 5.00 feet northwesterly, measured at a right angle, from aforesaid southeasterly line of
the Contra Costa County Flood Control and Water Conservation District property (Series
number 79-134548); thence southwesterly along said parallel line South 53°03'45" West 36.29
feet to the northeasterly line of aforesaid Lot 432 (133 Maps 6); thence southeasterly along said
northeasterly line of Lot 432, South 33°02'46" East 5.01 feet to the POINT OF BEGINNING.
Containing an area of 181 square feet,more or less.
A plat showing the above described easement is attached hereto and made a part hereof as
Exhibit"B"
This description has been prepared for BRIAN KANGAS FOUIX.
iAND
By:
Paul Kittredge,P.LNo. 5790 PAUL KIiTREt7GE
. .
License Expires: 06/30/00 4L EXP 6/30/00
/ L.S. 5790
Dated: t
SOF CA1.��
kclswr99t995105.5011epls\MpmmL2.dw
Exhibit"A"
Page 1 of 1
2737 North Main Street,Suite 200 . Walnut Creek,CA 94595-2714 . (925)940-2200 . FAX(925)940-2299
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2737 North Main Street Sub'ee t PLAT TO ACCOMPANY
Suite 200 PACIFIC BELL EASEMENT DESCRIPTION
Walnut Creek. CA 94596 Job No. 19995105�.�50/y�
Engineers . Surwerars . Planners 925/940--2200 By ISS Date 09/21/ Chkd. PK
925/940-2299 (FAX) SHEET 1 OF 1
4
' Brian Unflas foul» -
Engineers * Surveyor: * Planners l
Septeml er 23, 1999
BKF Project No. 19995105.50
EASENMXT DESCRIPTION
FOR PACIFIC BELL
(scross Contra Costa Flood Control & Water Conservation District property)
,ALL than certain real property situate in the City of Concord, County of Contra Costa, State of
California, and described as follows:
BEING a portion of the property conveyed to the Contra Costa County Flood Control and
Water Conservation District described in thz Grant Deed recorded September 24, 1979 in Book
9543, at page 243 (Series number 79-234548), in the Office of the Recorder of Contra Costa
County, State of California, said portion being more particularly described as follows:
BEGININI `G at the most easterly corner of Lot 432 as said lot is shown on that certain map
entitled "Subdivision 3873, A Pardon of Rancho San Miguel, City of Concord, County of
Centra Costa, California", filed September 30, 1970 in Book 133 of Maps at pages 6 and 7, in
tht Office of the Recorder of Contra Costa County; thence northeasterly along the southeasterly
line of said Contra Costa County Flood Control and Water Conservation Distract property
(Series number 79-134548), said southeasterly line also being the northeasterly prolongation of
the southeasterly line of said Lot 432`(133 Maps 6), Notch 53*03'45" 'East 36.25 feet to the
most easterly corner of said Contra Costa County FIood Control and Water Conservation
District property (Series number 79-134548); thence northwesterly along the northeasterly line
of said Contra Costa County Mood Control and Water Conservation District property (Series
number 79-334548),North 32°35"20"West 5.01 feet to a point on a line parallel with and being
distant 5.00 feet northwesterly, measured aI a right angle, from aforesaid southeasterly line of
the Contra Costa County Flood Control and Water Conservation District property (Series
number 79-134548); thence southwesterly along said parallel line South 53°03'45" West 36.29
feet to the northeasterly line of aforesaid Lot 432 (133 Maps 6); thence southeasterly along said
northeasterly line of Lot 432, South 33002'46"East 5.01 feet to the POINT OF BEODNI LNG.
Containing an area of 181 square feet,more or less.
A plat showing the above described easement is attached hereto and made a part hereof as
Exhibit"B"
I
This description has been prepared for BRIAN KANGAS FOLTI x
I LAND
Paul Kittredge,P.L. ,No. 5790 = PAUL KITTREDCE �
License Expires: 06/30100 sx►. Lt3a=
LS< 5790
Dated: e •Y , 19 9 9 �'�*
OP CA1.t'�q
x.'true{191995 t05Sp►1eti�ltbpresmf,,�.de�
Exhibit"Xv
Page 1 of 1
2737 North Main Stfeat Suite 200 • Walnut Creek,CA 94696-2714 . #9251940-2200 . FAX tg2Sl 94G-2Zs5
SSP-23--1999 14:00 192594e2299 99% P.05