HomeMy WebLinkAboutMINUTES - 05112004 - 2004-673 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
CALIFORNIA
Adopted this Resolution on December 14, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, bESAULNIEaR AND GRKE&13ERG
NOES: NOME
ABSENT: SUPERVISOR FEDERAL GLOVER
ABSTAIN: NONE RESOLUTION NO.2004/ 67.3
Deerings Water Code,Uncodified Acts
Act 1656 § 32
West's Water Code, Appendix 64-31
Government Code § 25526.6
SUBJECT: ADOPT Resolution No. 2004/673 approving the conveyance of Flood Control and
Water Conservation District interest in real property to the Ironhouse Sanitary District in connection
with Subdivision 7797, Bernard Road, Flood Control Permit 613-01.
Project No. 0651-6L083A.
Oakley Area, District V
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(District)acquired certain
real property by deed and designated on the Map of Subdivision 7797 filed for record in the office of the
County Recorder of Contra Costa County in Book 439 of Maps at Page 10. The Ironhouse Sanitary
District has requested an easement over a portion of said property, described in Exhibit"A" and"B"
attached hereto, for a sewer easement. This Board FINDS that the conveyance of such easement is in
the public's interest and will not substantially conflict or interfere with the District's use of the property.
The Board of Supervisors previously adopted the Negative Declaration when they approved the tentative
map for Subdivision 7797.
This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to the
Ironhouse Sanitary District,pursuant to Government Code Section 25526.6, and the Chair, Board of
Supervisors, is hereby AUTHORIZED to execute a Grant of Easement on behalf of the District in
accordance with the maintenance of drainage facilities on file in the Public Works Department.
The Real Property Division is DIRECTED to cause said grant of easement to be delivered to the
grantee.
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
Csp:eh
:G.\GrpData\RealPt-op\2004-Files\BOS&RHS\BR27A Ironhouse Sanitary District.doc date shown.
Orig.Dept.: Public Works(R/P)
Contact: C.Piga-Sandoval(313-2012) ATTESTED: DECEMBER 14, 2004
cc: Public Works Accounting JOHN SWEETEN,Clerk of the Board of
Public Works Records Supervisors and County Administrator
PW Engineering Services,T.Torres(via R/P) +
Grantee(via R/P) By r '�r� +6- Deputy
Recorder(via R/P)
Board Orders Clerk Specialist,Adm.
RESOLUTION NO. 20041 673
OCTOBER 1, 2003
JOE NO. 200070-10
LEGAL.17
EXHIBIT"All
LEGAL DESCRIPTION
10'ACCESS &UTILITY EASEMENT
AND 10'ACCESS EASEMENT
PORTION OF PARCEL A, SUBDIVISION 7797(439 M 10)
ALL THAT REAL PROPERTY SITUATE IIS'THE CITY OF OAKLEY,COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF PARCEL A AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THE
MAP OF SUBDIVISION 7797 FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER
OF CONTRA COSTA COUNTY IN BOOK.439 OF MAPS AT PAGE 10,DESCRIBED AS FOLLOWS:
PARCEL ONE:
AN EASEMENT FOR ACCESS AND UTILITY PURPOSES,DESCRIBED AS FOLLOWS:
A STRIP OF LAND THE UNIFORM WIDTH OF TEN(10)FEET, DESCRIBED AS FOLLOWS:
THE WESTERN TEN (10)FEET OF THE EASTERN TWENTY (20)FEET OF SAID PARCEL A (439
M 10),MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT THE SOUTHEASTERN CORNER OF SAID PARCEL A AND
RUNNING THENCE WESTERLY ALONG THE SOUTHERN LINE THEREOF NORTH 89024'07"WEST
10.00 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM THE EASTERN LINE OF SAID PARCEL A AND THE TRUE POINT OF BEGINNING
OF THE HEREIN DESCRIBED PARCEL OF LAND;THENCE,FROM SAID POINT OF BEGINNING,
CONTINUING WESTERLY ALONG SAID SOUTHERN LINE OF PARCEL A NORTH 89024'07"WEST
10.00 FEET TO A POINT WESTERLY OF ANT 20.00 FEET DISTANT MEASURED AT DIGHT
ANGLES FROM SAID EASTERN LINE OF PARCEL A;THENCE,LEAVING SAID SOUTHERN LINE
NORTHERLY ALONG A LINE WESTERLY OF, PARALLEL TO, AND 20.00 FEET DISTANT
MEASURED AT RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A NORTH 00035'53„
EAST 102.88 FEET TO A POINT ON THE NORTHERN LINE OF SAID PARCEL A; THENCE,
EASTERLY ALONG SAID NORTHERN LINE THE FOLLOWING TWO (2) COURSES: 1) SOUTH
7454'14" EAST 2.47 FEET, AND 2) ALONG THE ARC OF A TANGENT 228.00 FOOT RADIUS
CURVE CONCAVE TO THE NORTH THROUGH A CENTRAL ANGLE OF 01057'59" AN ARC
DISTANCE OF 7.82 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT
RICHT ANGLES FROM SAID EASTERN LINE OF PARCEL A; THENCE, LEAVING SAID
NORTHERN LINE SOUTHERLY ALONG ALIKE WESTERLY OF,PARALLEL TO,AND 10.00 FEET
DISTANT MEASURED AT RICHT ANGLES FROM SAID EASTERN LINE OF PARCEL A SOUTH
00035'53"WEST 100.43 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,016 SQUARE
FEET OF LAND,MORE OR LESS.
PARCEL TWO:
AN EASEMENT FOR ACCESS PURPOSES, DESCRIBED AS FOLLOWS:
A STRIP OF LAND THE UNIFORM WIDTH OF TEN(10)FEET,DESCRIBED AS FOLLOWS:
THE EASTERN TEN (10) FEET OF SAID PARCEL A (439 M 10), MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERN CORNER OF SAID PARCEL A, THENCE, FROM SAID
POINT OF BEGINNING, WESTERLY ALONG THE SOUTHERN LINE THEREOF NORTH$9024'07'
WEST 10.00 FEET TO A PONT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM THE EASTERN LINE OF SAID PARCEL A,THENCE,LEAVING SAID SOUTHERN
LINE NORTHERLY ALONG A LINE WESTERLY OF,PARALLEL TO,AND 10.00 FEET DISTANT
MEASURED AT RIGHT ANGLES FROM SAID EASTERN LIME OF PARCEL A NORTH 00035'53"
EAST 100.43 FEET TO A POINT ON THE, NORTHERN LINE OF SAID PARCEL A, THENCE,
EASTERLY AND SOUTHERLY ALONG THE NORTHERN AND EASTERN LINES OF SAID PARCEL
A THE FOLLOWING TWO(2)COURSES: 1)EASTERLY ALONG THE ARC OF A NONTANGENT
228.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH,THE CENTER WHICH BEARS NORTH
13007'47"EAST,THROUGH A CENTRAL ANGLE OF 02033'45"AN ARC DISTANCE OF 10.20 FEET,
AND 2) SOUTH 00°35'53" WEST 98.44 FEET TO THE POINT OF BEGINNING AND CONTAD41NG
994 SQUARE FEET OF LAND,MORE OR LESS.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
a
MK. .E&NIAM `
f r FOR MIL.ANI&ASSOCIATES
...- -- MICHAEL E.MILANI
L.S. 5311
EXPIRES: 12/31/05
OF Cls►
E "B" PARCEL B 66
&
up '9
'4
t 941.57'59 r D=033'45'
439 M 10
SUBD 7797 8i5
PARCEL A ,w�'. ..)�., 64
PARCEL ONE ::::.: PARCEL 7W
AREA4,016 AREA= 994 SFtJ-
N89'24'07*W 10 AW24107V 1000'
10110' POC AQ. ONE& POB PAR NO
POB PAR OA ff
SUBD 5946 SUBD 6819
3017 M 49 308 M 1
PAROL R
124 123
r.
PAR. PARCEL PARCEL P
POB POINT OF BEMA NG * No. 5311
pX Pao OF Cokf"CDWENT EXP.1 2/31/05
SF+I- SJWE FEST MORE OR CESS `f'� �� PARCEL A
�tF CA0 308 M 1
PLAT TO ACCOMPANY LEW DES`CRIP77ON
10' AXESS & 11I `Y EASE Bl
AND 10 ACCESS M EMENT
POR17ON OF PROEL A SUBDMSION 7797 (4J9 M 10)
CITY OF OMLEY — COM COSTA COUNTY — CALIFORNIA
Manners — Engineers — Surveyors
4071 Part Chicago Hwy„ Suits 100
do
tsowatesConcord CA 94520-11321 Phone: (925) 674-9082 MINEE mm/
MILANT
Fax: (525) 674-9279 LS 5Jl1, EXP. 12IJ1/05
OCTOBER 1, 2004 SCA f 1 "40 st1E� � nF 1
00070--10�La m
RECORDING REQUESTED BY:
Placer Title Company
WHEN RECORDED,RETURN TO
Ironhouse Sanitary District
450 Walnut Meadows Drive
Oakley, California 94561
Assessor's Parcel No. 033-390-053(PORTION)
GRANT OF EASEMENT
By Contra Costa County Flood Control and Water Conservation District,a political subdivision of the
State of California, Grantor, to Ironhouse Sanitary District, a public entity within the State of
California,Grantee.
Grantor, for valuable consideration, grants to Grantee (1) a non-exclusive subsurface easement in
perpetuity to Parcel One for the construction, alteration, operation, maintenance, repair and
replacement of a sewer line or lines and appurtenances thereto,in such sixes and configuration as the
Grantee deems appropriate,(2)a non-exclusive surface easement in perpetuity to Parcel One for access
and for construction,alteration,operation,maintenance,repair and replacement of sub-surface sewer
lines and appurtenances, but not for the installation of any sewer line on the surface, and (3) a
nonexclusive easement for access only in perpetuity to Parcel Two and not for any other purposes.
Parcel One and Parcel Two are that certain real property situated in the City of Oakley, County of
Contra Costa,State of California described as follows:
See Exhibits"A"and 14$"attached hereto made a part hereof.
If Grantee damages any and all improvement or property in the course of Grantee's use of Parcels One
or Two,Grantee shall repair or replace the same,restoring them to their previously existing condition
to the reasonable satisfaction of District,as the case may be. Grantee shall also indemnify,defend,save,
protect and hold harmless Grantor against any injury to persons or property arising out of Grantee's
use of the easement area.
This instrument shall bind and inure to the benefit of the successors and assigns of the parties hereto.
In witness whereof, Grantors have executed this deed on the date above written.
Contra Costa County Flood Control and Water
-tion District
by. is Authorized Officer
1
ixan-a 1.n7.t 8D
State of California
Countyof l f3
W� z
On 1�;�' (�U�J� beforeme,
,personally appeared �1'2,4L �t1��°�'
( proved to me on the basis of satisfactory evidence
to be the person(4 whose name(4is/ervsubscribed to the within instrument and acknowledged to me that
he/sh ey-executed the same in his/herardrauthorized capacity#a4 and that by his/her-/ eir--
signatureW-on the instrument the person(( or the entity upon behalf of which the persor4rr acted,
executed the instrument. rjF _
WITNESS my hand and official seal. �` M 'n114COMM. 1317004
f NOTARY tc•cnuoarexa
�c�A cos�r�cou�r'v�
(Seal)
MY COMM. r�� ,znt�s
ature of Notary Public
Resolution of AccWtance
Be It Resolved,by the Board of Directors of the Ironhouse Sanitary District("District"), that the
Ironhouse Sanitary District,acting by and through its Board of Directors,hereby: (1)accepts the interest in
real property described in the attached Grant of Easement dated November 9,2004 wherein the Ironhouse
Sanitary District is named as grantee; and(2)consents to the recordation of such Grant of Easement and
this Resolution of Acceptance.
President, Board of Directors
I hereby certify that the foregoing is a full,true and correct copy of a resolution duly passed and
adopted by the Board of Directors of the Ironhouse Sanitary District at a meeting of such Board held on
200_,by the following rollcall vote:
AYES, Members:
NOES, Members:
.ABSENT,Members:
2
tx00-0:.97.1 sn
OCTOBER 1,2003
JOB NO, 200070-10
LEGAL.17
EXHIBIT "A„
LEGAL DESCRIPTION
10'ACCESS&UTILITY EASEMENT
AND 10'ACCESS EASEMENT
PORTION OF PARCEL A, SUBDIVISION 7797(439 M 10)
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF OAKLEY,COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF PARCEL A AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON THE
MAP OF SUBDIVISION 7797 FILED FOR.RECORD IN THE OFFICE OF THE COUNTY RECORDER
OF CONTRA COSTA COUNTY IN BOOK 439 OF MAPS AT PANE 10,DESCRIBED AS FOLLOWS:
PARCEL ONE:
AN EASEMENT FOR ACCESS AND UTILITY PURPOSES,DESCRIBED AS FOLLOWS:
A STRIP OF LAND THE UNIFORM WIDTH OF TEN(10)FEET,DESCRIBED AS FOLLOWS:
THE WESTERN TEN(10)FEET OF THE EASTERN'TWENTY(20)FEET OF SAID PARCEL A(439
M 10),MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT THE SOUTHEASTERN CORNER OF SAID PARCEL A AND
RUNNING THENCE WESTERLY ALONG THE SOUTHERN LINE THEREOF NORTH 89024'07"WEST
10.00 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM THE EASTERN LINE OF SAID PARCEL A AND THE TRUE POINT OF BEGINNING
OF THE HEREIN DESCRIBED PARCEL OF LAND;THENCE,FROM SAID POINT OF BEGINNING,
CONTINUING WESTERLY ALONG SAID SOUTHERN LINE OF PARCEL A NORTH 89024'07"WEST
10.00 FEET TO A POINT WESTERLY OF AND 20.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM SAID EASTERN LINE OF PARCEL A;THENCE,LEAVING SAID SOUTHERN LIFE
NORTHERLY ALONG A LINE WESTERLY OF, PARALLEL TO, AND 20.00 FEET DISTANT
MEASURED AT RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A NOR'T'H 00035'53"
EAST 102.88 FEET TO A POINT ON THE NORTHERN LINE OF SAID PARCEL A; THENCE,
EASTERLY ALONG SAID NORTHERN LINE THE FOLLOWING TWO (2) COURSES: 1) SOUTH
74054'14" EAST 2.47 FEET, AND 2) ALONG THE ARC OF A TANGENT 228.00 FOOT RADIUS
CURVE CONCAVE TO THE NORTH THROUGH A CENTRAL ANGLE OF 0105759" AN ARC
DISTANCE OF 7.82 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT
RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A; THENCE, LEAVING SAID
NORTHERN LINE SOUTHERLY ALONG A LINE WESTERLY OF,PARALLEL TO,AND 10.00 FEET
DISTANT MEASURED AT RIGHT ANGLES FROM SAID EASTERNT LINE OF PARCHL A ,SOU'T'H
00°35'53" WEST 100.43 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,016 SQUARE
FEET OF LAND,MORE OR LESS.
PARCEL TWO:
AN EASEMENT FOR ACCESS PURPOSES, DESCRIBED AS FOLLOWS:
A STRIP OF LAND THE UNIFORM WIDTH OF TEN(10)FEET,DESCRIBED AS FOLLOWS:
THE EASTERN TEN (10) FEET OF SAID PARCEL A (439 M 10), MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERN CORNER OF SAID PARCEL A; THENCE, FROM SAID
POINT OF BEGINNING,WESTERLY ALONG THE SOUTHERN,'LINE THEREOF NORTH 89°24'07"
WEST 10.00 FEET TO A POINT WESTERLY OF AND 10.00 FEET DISTANT MEASURED AT RIGHT
ANGLES FROM THE EASTERN LINE OF SAID PARCEL A;THENCE,LEAVING SAID SOUTHERN
LINE NORTHERLY ALONG A LINE WESTERLY OF, PARALLEL TO, AND 10.00 FEET DISTANT
MEASURED AT RIGHT ANGLES FROM SAID EASTERN LINE OF PARCEL A NORTH 00°35'53"
EAST 100.43 FEET TO A POINT ON THE NORTHERN LINE OF SAID PARCEL A; THENCE,
EASTERLY AND SOUTHERLY ALONG THE NORTHERN AND EASTERN LINES OF SAID PARCEL
A THE FOLLOWING TWO (2) COURSES: 1)EASTERLY ALONG THE ARC OF A NONTANGENT
228.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH,THE CENTER WHICH BEARS NORTH
13 00747"EAST,THROUGH A CENTRAL ANGLE OF 02033'45°AN ARC DISTANCE OF 10.20.FEET,
AND 2) SOUTH 00°35'53"WEST 98.44 FEET TO THE POINT OF BEGINNING AND CONTAINING
994 SQUARE FEET OF LAND,MORE OR LESS.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
FOR MILANI& SSOCIATES
71r /2 3�`� MICHAEL E. MILANI
NO C311L.S. 5311
EXPIRES: 12/31/05
OF c *
HOT IF PARCEL L3 66
101'57'59' I1—=07J345"
R= 2800'L-7.82' ., R-228.1X)'L=10?0'
439 M 10
SUBD 7797 g 65
PARCEL A +� 64
PARCEL ONE :_ YR �-q PARCEL IWO
AW=1,016 SFf/— �.,,...# AREA= 994 SALI—
N89"24'07*# a. .. 10 AV24'07V 10.00'
10.00' ::
POC PAR OAE h POB PAR. 7*V
POB PAR ONE
.SUBD 5946 SUBD 6819
.307 M 49 308 M 1
PARCEL R
1.24 123
PAR PARCEL = PARCEL P
P08 POINT OF BEGINNING No. 5311
POC POINT OF W MMENOND9 EXP.12/31/05
SF+I SO"fffT MORE OR LASS `j'� �`r PARCEL A
."u"
or CAO308 M 1
/ AXESS
PLAT TO ACCOMPANY L�E`W DESC�RI PP77ON
XUT
AN 10ALI LrJrJ EASUB
PORTION OF PARCEL A SUBWSION 7797 (439 M 10)
XY OF OAKLEY - CONTRA COSTA COUNTY _ =FORW
Planners — Engineers — Surveyors
4071 Part Chlcogo Hwy., Suite 100
c Jsaocia#rds Concord CA 94520-1122 AlILANI 0
Phone: (525) 674•-5082 1/lCMa E �IILANI
MILALNIFax: (925) 674-9279 LS 211, EXP. 12/31/05
OCTOBER 1, 21X14 SXf: 1"=40' SHEET 1 OF 1
00070--10�W8
TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and
Water Conservation District,California L�
FROM: MAURICE SHIU, CHIEF ENGINEER
DA'N'E: December 14, 2004
SUBJECT: ADOPT resolution approving the conveyance of an easement across Contra Costa County Flood
Control and Water Conservation District's property to the Ironhouse Sanitary District in connection
with Subdivision 7797, Bernard Road,Flood Control Permit 613-01.
Oakley area. District V.
Project No. 0651-6L083A
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
T. Recommended Action:
A. ADOPT Resolution approving the conveyance of an easement to the Ironhouse Sanitary District in
connection with Subdivision 7797,Bernard Road.
B. APPROVE and AUTHORIZE the conveyance of said easement to the Ironhouse Sanitary District,
pursuant to Government Code § 25526.6.
C. AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of Easement on behalf of the
Contra Costa County Flood Control and Water Conservation District.
II. Fiscal Impact: None.
III. Reasons for Recommendations and Background:
These property rights are required for public use for sanitary severer purposes, in accordance with approved
plans and specifications. The Board of Supervisors previously adopted the Negative Declaration when they
approved the tentative map for Subdivision 7797.
IV. Consequences of Negative Action:
The District will not be in compliance wit the approved laps and ecifications.
Continued on Attachment: -' SIGNATURE:
COMMENDATION OF COUNTY AD Nt BATOR
RECOMMENDATION OF BOARD CO MIT EE
A-fPROVE OTHER
SIGNATURE(S)
ACTION OF A CY ONDEC. APPROVED AS RECOMMENDED_2 OTHER
VOTE OF CO SSIONERS
xx UNANIMOUS(ABSENT_ ) 1 hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Redevelopment Agency on the
Csp:eh date shown.
G:\GrpData\RealProp\2004-Fiies\BOS&RFS\BO Bernard Road Sewer Fasement.doc
Orig.Div: Public Works(R/P) ATTESTED: DECEMBER 14, 2004
Contact: C.PilSa-Sandoval(313-2012) JOHN SWEETEN,Agency Secretary
cc: County Administrator
Real Property
L.Dalziel,Board Orders Clerk Specialist,Adm. $y-- - � deputy