HomeMy WebLinkAboutMINUTES - 03012005 - 2005 RES 105 THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER.CONSERVATION DISTRICT, CALIFORNIA
Adopted this Resolution on March 1, 2005, by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO.2005/ 105
Deerings Water code,Uncodified Acts
Act 1656 § 32
West's Water Code, Appendix 64-31
{Gov. Code § 25525.5}
SUBJECT: ADOPT Resolution No. 2005/ 105 approving the conveyance of Contra Costa County Flood
Control and Water Conservation District interest in real property to the City of Brentwood, in
connection with Subdivision 8310. [SCH#910113056].
Project No. 0651-6L083A
Brentwood Area. District III.
The Board of Supervisors, as the governing body of the Contra Costa County Flood Control and Water
Conservation District RESOLVES THAT:
The Board adopted the City of Brentwood's Final Environmental Impact Report on April 27, 2004 for the
purpose of conducting Real Property transactions.
Contra Costa County Flood Control and Water Conservation District acquired certain real property by Deed
on August 28, 1964, in Book 4692, Page 455, Official Records of said County, more particularly described in
Exhibit "A" attached hereto. Said interest is DETERMINED to be no longer necessary for the District with
exception to reservation of a flowage easement.
This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to the City of
Brentwood, pursuant to Government Code Section 25526.5, and the Chair, Board of Supervisors, is hereby
AUTHORIZED to execute a Grant Deed on behalf of the District,for relief of maintenance responsibility in this
area of Dry Creek Reservoir.
The Real Property Division is DIRECTED to cause said Grant Deed to be delivered to the grantee for
acceptance and recording.
I hereby certify that this is a true and correct
CPS:eh copy of an action taken and entered on the
G:\GrpData\ReaiProp\2005-Files\BOs&Reso\BR26 City of Brentwood Parcel 1 G.doc minutes of the Board of Supervisors on the
date shown.
Orig.Dept.: Public Works(R/P) 01, 2005 Contact: C.Piria-Sandoval(313-2012) ATE'ESTED:_
cc: Public Works Accounting JOHN SWEETEN,Clerk of the Board of
Public Works Records Supervisors and Couritv Administrator
Grantee(via R/P)
Recorder(via R/P) By Deputy
Engineering Services(T.Torres via R/P)
Board orders Clerk Specialist,Adm.
RESOLUTION NO. 2005/ 105
TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and
Water Conservation District,California
FROM: MAUR.ICE SHIU,CHIEF ENGINEER (�
DATE: March 1,2005
SUBJECT: ADOPT Resolution approving the Conveyance of Real Property from Contra Costa County Flood
Control and Water Conservation District to the City of Brentwood in connection with Subdivision
8310. [SCH: #310"113066]. Brentwood area. District III.
Project No,0651-6LO83A
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. ADOPT Resolution approving the conveyance of Real Property from Contra Costa County Flood
Control and Water Conservation District (District) to the City of Brentwood in connection with
Subdivision 8310.
B. APPROVE the conveyance of said interest from the District, pursuant to Government Code § 25526.5
and AUTHORIZE the Chair, Board of Supervisors, to execute the Grant Deed on behalf of the District.
C. DIRECT the Real Property Division to cause said Grant Deed to be delivered to the Grantee for
acceptance and recording.
11. Fiscal lmpact: None.
111. Reasons for Recommendations and Background:
California Sun Properties is developing a residential golf community. The District plans to convey said interest
within this development to the City of Brentwood in order to be relieved of maintenance responsibilities that
reflect Dry Creek Reservoir. On April 27, 2004, the Contra Costa County Board of Supervisors adopted the
City of Brentwood's Final Environmental Impact Report for the purposes of conducting Real Property
transactions with regards to Subdivision 8310.
1V. Consequences of Negative Action:
The District would be responsible for apo ion of the maintenance in the new residential golf community
development that involves the City of B ntwood and California Su Properties.
Continued on Attachment:_ SIGMA
COMMENDATION OF COUNTY APMINISIRATOR
COMMENDATION
OF BOARD C MMI E
_ ROVE HER
SIGNATURES)
ACTION OF AGE ON AIL
}1) 2005 APPROVED AS RECOMMENDED xx OTHER
VOTE OF COM: ONERS
xx UNA US(ABSENT_ NONE } l 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
CPS:eh
G:\GrpData\RealProp\2005-Fiies\BOs&Reso\110 City of Brentwood Parcel I G.doc date shown.
Orig.Div:Public Works(R/P) ATTESTED: MARCH 01, 2035
Contact: C.County
Administrator
ator 412) JOHN SWEETEN,Agency Secretary
CC: County Administrator
Real Property
L.Dalziel,Board Orders Clerk Specialist,Adm. SY_ � Deputy
N1 D
Dry Creek Dam
.1 C.C.C.F.C.&W.C.D.
No 6S#6630 / Excess Land
CA1�ti 4 EXHIBIT"A"
LEGAL DESCRIPTION
All that certain real property situated in the City of Brentwood, Contra Costa County,
California, being a portion of the Contra Costa County Flood Control and Water
Conservation District parcel described in the deed recorded on August 28, 1964, in Book
4692, Page 455, Official Records of said County, said property more particularly
described as follows:
BEGINNING at the southeastern terminus of the northeastern line of lot 33, as said lot is
shown on the Final Map entitled"Subdivision 8310,Deer Ridge Village Lots", filed in
Book 427 of Maps, Page 29, Contra Costa County Records, said terminus also being a
point on the generally northwestern line of said District parcel; thence South 43°38'26"
East 15.00 feet to the most northern corner of lot 34, as last said lot is shown on said
map; thence South 45'50'19" West 203.81 feet along the northwestern line of said lot 34;
thence North 5245'10" West 15.17 feet to the southwestern terminus of the most
southeastern line of said lot 33; thence North 45°50'19"East 206.21 feet along last said
line to the POINT OF BEGINNING.
Containing 0.071 acres(3,075 square feet),more or less.
RESERVING THEREFROM: A flowage easement described as follows:
COMMENCING at the southeastern terminus of the northeastern line of lot 33, as said
lot is shown on the Final Map entitled"Subdivision 8310, Deer Ridge Village Lots", filed
in Book 427 of Maps,Page 29, Contra Costa County Records, said terminus also being a
point on the generally northwestern line of said District parcel; thence along the most
southeastern line of lot 33, South 45"50'19"West 20.55 feet to the TRUE POINT OF
BEGINNING; thence leaving last said line South 41°59'33"East 15.01 feet to the
generally northwestern line of lot 34, as last said lot is shown on said map; thence South
45"50'19"West 182.83 feet along last said line; thence North 52"45'10" West 15.17 feet
to the southwesterly terminus of the most southeastern line of said lot 33; thence North
45'50'19"East 185.66 feet along last said line to the TRUE POINT OF BEGINNING.
Containing 0.063 acres (2,764 square feet), more or less.
See EXHIBIT B "Plat to Accompany Legal Description" attached hereto and made a part
hereof.
End of Description
\\OI SRVOI\DATA\ProjectsUO2\Documents\LLA&Legal Desc&Closures\CCCFCI7_FLAG2.doc
Nil 'o A ar. RMVAMN
lT 2 3 � '� (Z1.P.da l RMVAMV
427 Nj' 29 �� �''�� LOT 21 yam,
427 M 29
? o�
aA
�,. L ` Exp.12/31
04 A� I f 34 � �, N0, 6630 �
427 M 29 �
�OF C
WAMNL€NE BEAR€NG DISTANCE
Ll N35'24' 45'E 56. 00'
�, $' L2 N10' 31' 34'E 10. 42`
L3 N82' 24' 34'W 19. 37'
�� n �$'�� L4 N42' 50' 32"E 85. 16'
�,7 � � � � L5 N80' 31 46 W 60. 15'
L6 N78' 16' 37'W 75. 59'
cr, L7 N63'02' 59"W 76, 011
LS N45' 32' 13 W 86. 19'
c L9 N43' 38' 26'W 122. 75'
L10 N43' 38' 26'W 53. 96'
L11 N43` 38' 26°W 15. 00'
L12 N43' 38' 26'W 53. 79'
L13 N71'28 41`E 73. 50
•' CONTRA COSTA COUNTY L14 N85' 25' 12'E 70. 08;
✓; L15 N79` 53' 50`E 57. 03'
FOOD CONTROL AND L16 N71'04' 17"E 56. 92'
WATER CONSERVATION L17 N63. 12' 13'E 51. 73'
DISTRICT L18 N52' 45' 10"W 15. 17'
4692 OR 455 L19 N41'59' 33°W 15. 01'
. = L20 N45'50' 19'E 20. 98'
CIA
L21 N45' 50' 19"E 20. 55`
CURVE RADIUS LENGTH DELTA
34' P C2 470. 00' 236. 02' 28' 46' 22"
150 75 0 150 300 45C? C3 20. 00 28. 85' 82' 38' 45
C4 20. 00 28. 85' 82'38' 45
C5 355. 00 108. 63' 17' 31' 36
SCALE IN FEET C6 20. 00' 31. 42' 90'00' 00"
PLAT TO ACCOMPANY LEGAL DESCRIPTIONWORLDWIDE INC. IBIGNED: STAFr`
,/ [� DRAWN: ST*T
EJ'�H 1 1 �}sr CIVIL ENGINEERING• LAND SURVEYING CHECKED: AL
G? PLANNING SC&E: 1"-150'
111 CENTER AVE. • SUITE F• PACHECO+CA •94553 DATE: OCT 2002
MAI!ING ADDRESS•P.O. BOX 6327• CONCORD• CA* 94524 SHEET NO,
(925)686-9890� FAx {925>��s-s�93 10-7 1
BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA JOE NO, 200004
DRAVANQ: P:LPRIJECTS\ G2\=FC0.FLAQ2 DACE: 05-7-27
Recorded at the request of:
Centra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Portion of APN: 007-100-110 Parcel # 16 & 16A
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
a political subdivision of the State of California,
Grants to the CITY OF BRENTWOOD, a municipal corporation of the State of Califomia
the following described real property in the City of Brentwood, County of Contra Costa, State
of California,
FOR DESCRIPTION SBE EXHIBIT "A" ATTACHED HERETO} AND MADE A PART
HEREOF,
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Dated MARCH 01, 20105
f Chai , Board of Sepervlsors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA }
on 63/15/05 before me,R4Y L. SHARP
Deputy Clerk of the Board of Supervisors, Contra Costa
County, personally appeared SUS"• GAS UILKEMA
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(les), 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:
eputy Clerk
Csp:an
GAGrDData\RealPrcp12005-Files10r2\DE.03 Parcel 16 Brentwood Suncai.doc
2110105
Dry Creek Dam
M i2- - C.C.C.F.C.&W.C.D.
fr Na LS#66230 � tI7
Excess Lancs
CEXHIBIT "A"
LEGAL DES+CR.IPTION
All that certain real property situated in the City of Brentwood, Contra.Costa County,
California,being a portion of the Contra Costa County Flood Control and Nater
Conservation District parcel described in the deed recorded on August 28, 1964, in Book
4692,Page 455, Official Records of said County, said property more particularly
described as follows:
BEGINNING at the southeastern terminus of the northeastern line of lot 33, as said lot is
shown on the Final Map entitled"Subdivision 8310,Deer Ridge Village Lots", filed in
Book 427 of Maps,Page 29, Contra Costa County Records, said terminus also being a
point on the generally northwestern line of said District parcel;thence South 43°3826"
East 15.00 feet to the most northern comer of lot 34, as last said lot is shown on said
map; thence South 45°50'19" West 203,81 feet along the northwestern line of said lot 34;
thence North 5245'10" West 15.17 feet to the southwestern terminus of the most
southeastern line of said lot 33; thence North 45'50'19"East 206.21 feet along last said
line to the POINT OF BEGINNING.
Containing 4.071 acres (3,075 square feet),more or less.
RESERVING THEREFROM: A flowage easement described as follows:
COMMENCING at the southeastern terminus of the northeastern line of lot 33, as said
lot is shown on the Final Map entitled "Subdivision 8310,Deer Ridge Village Lots", filed
in Boob 427 of Maps,Page 29, Contra Costa County Records, said terminus also being a
point on the generally northwestern line of said District parcel; thence along the most
southeastern line of lot 33, South 45°50'19" West 20.55 feet to the TRUE POINT OF
BEGINNING; thence leaving last said line South 41°5933"East 15.01 feet to the
generally northwestern line of lot 34, as last said lot is shown on said map; thence South
45'50'19"West 182.83 feet along last said line; thence North 52'45'10"West 15.17 feet
to the southwesterly terminus of the most southeastern line of said lot 33; thence North
45'50'19"East 185.66 feet along last said line to the TRUE POINT OF BEGINNING.
Containing 0.063 acres (2,764 square feet), more or less.
See EXHIBIT B "Plat to Accompany Legal Description"attached hereto and made a part
hereof.
End of Description
\\OISR OI\DA.TA\Projects\5o2\Documents\LLA&Legal Desc&C1osures\CCCFCD—FLAG2.doc
LOT 23 4
427 Pil 29 LOT 21 4-A
427 M 29
a � at L
Exp.12/31/05
C4 1 34 No. 66427 29 0 0
C
r i° A17t LICE BEARING DISTANCE
L 1 N35'24' 45'E 56. 44'
L2 N10'31' 34'E 10. 42'
L3 N82'24' 34'W 19, 37'
�t1� L4 142'50' 32'E X35. 16
427 M L5 N80'31' 46 W 60. 15'
L6 N78' 16' 37'W 75. 59
L7 N63'02' 59'W 76. 01
L8 N45'32' 13'W 86. 19
. , ` L9 N43'38' 26'W 122. 75
!/1kl� , L10 N43'38' 26*W 53. 96
L11 N43'38' 26'W 15. 00'
L12 N43'38 26'W 53. 79
it
L13 N71' 28' 41'E 73. 50
Q_ CONTRA COSTA COUNTY L14 N85`25' 12'E 70. 08
NTR
, FLC' OD CONTROL AND L15 N79'53' 50'E 57. 03'
WATER CC�NSEF�YATIC�N L16 N71`04' 1?'E 56. 92
L 17 N63' 12' 13'E 51. 73'
DISTRCT L18 N52'45' 10'W 15. 17
+ 4692 OR 455 L19 N41' 59' 33'W 15. 01'
L20 N45'50' 19'E 20. 98'
L21 N45' 50' 19 E 20. 55
* CURVE RADIUS LENGTH DELTA
C2 470. 00 236. 02' 28' 46' 22"
150 75 0 150 300 450 C3 20.04 28. 85' 82' 38' 451;
C4 20. 00 28. 85 82' 38 45
C5 355. 00 108, 63 17'31' 56
SCALE IN FEET C6 20. 00' 31. 42' 90' 00' 001"
PLAT TO ACCOMPANY ANY cAL DI SCRIPTI{ NWORLDWIDE INC. DRA STS
�y� r- 1 CIVIL ENGINEERING• LAND SURVEYING CHECKED: AL
11 PLANNING
SCXE,. 1"=150'
111 CENTER AVE. * SUITE r * PACHECO* CA*94553 BATE: O. 2002
MA ILING ADDRESS*P.O. BOX 6327* CONCORD*CA* 94534 SHEET NO.
{925)686--9890 * FAX (925)586-9893 1 OF 1
BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA Joy NO. 200004
DRAVANG, P:\PR0 JEZ;\502"\mC=AmCmD..FLA02 DATE; 0717-2004
RESOLUTION NO. 2004-279
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD.
APPROVING THE FOLLOWING ACTIONS: (1) ACCEPTING GRANT OF
EASEMENTS FROM CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT FOR
STORM DRAINAGE EASEMENTS AND SPY GLASS DRIVE IN SUBDIVISION NO.
8310, (2) ACCEPTING A QUITCLAIM DEED FROM CONTRA COSTA COUNTY
FLOOD CONTROL DISTRICT FOR A PREVIOUS FLOWAGE EASEMENT IN
SUBDIVISION NO. 8310, (3) ACCEPTING A GRANT DEED FOR A WETLAND AREA
IN SUBDIVISION NO. 8310, GENERALLY LOCATED WEST OF CONCORD AVENUE
AND SOUTH OF BALFOUR ROAD, HEREBY ACCEPTING ALL OR THE ABOVE
REAL PROPERTY ON BEHALF OF THE CITY, AND AUTHORIZING THE MAYOR OR
CITY MANAGER AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE
THE GRANT OF EASEMENTS, AND SUCH OTHER DOCUMENTS AS MAY BE
NEEDED TO COMPLETE THE TRANSACTION; (4) AUTHORIZING THE MAYOR OR
CITY MANAGER. AND CITY CLERK OR ANY OF THEIR DESIGNEES TO EXECUTE
GRANT OF EASEMENTS TO CONTRA COSTA COUNTY FLOOD CONTROL IN
SUBDIVISION NO. 8310, HEREBY CONVEYING A PORTION OF REAL PROPERTY
FOR REPLACEMENT OF FLOWAGE EASEMENTS AND TO PROVIDE COUNTY
ACCESS FOR MAINTENANCE OF THEIR FACILITIES AND SUCH OTHER
DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION.
WHEREAS, on January 19, 1993, by Resolution No. 93-2, Planning Commission
approved Vesting Tentative Subdivision Map No. 7890 by A.G. Spanos Construction Company,
Inc., for the development of up to 1,031 residential units and an 18-hole golf course (Brentwood
Hills Country Club Project), with conditions; and
WHEREAS, on April 7, 1998, by Amended Resolution No. 93-2, Planning Commission
approved a 1-year extension of Vesting Tentative Subdivision Map No. 7690 by A.G. Spanos
Construction Company, Inc., for the development of up to 1,031 residential units and an 18-hole
golf course (Brentwood Hills Country Club Project), with amended conditions; and
WHEREAS, on January 12, 1999, by Resolution No. 99-18, City Council approved Final
Map of Subdivision No. 7690 Deer Creek Country Club, accepting the offers of dedication
shown thereon subject to acceptance of improvements, accepting the improvement security,
approving the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to
execute the same; and
WHEREAS, on October 10, 2000, by Resolution No. 2170, City Council approved the
Final Map of Subdivision No. 8310 Deer Ridge Village Lots being a Subdivision of the
Remainder, Common Area "E" Mountain View Drive, and Ranchwood Drive, as shown on that
certain Final Map entitled "Subdivision No. 7690 deer Creek Country Club" (SunCal), located
south of Balfour Road and west of Concord Avenue, accepting the offers of Dedication shown
thereon subject to acceptance of improvements, accepting the improvement security, approving
the Subdivision Improvement Agreement, and authorizing the Mayor and City Clerk to execute
the same; and
WHEREAS, real property generally located west of Concord Avenue and south of
Balfour Road in the City of Brentwood, is needed for flood control purposes, constructing a
portion of Spyglass Drive and for the wetlands in Subdivision No. 8310; and
2004-279 2 of 2
WHEREAS, Grant of Easements, a Quitclaim Deed and a Grant Deed between the City
of Brentwood and Contra Costa County Mood Control have been developed and are necessary
to transfer properties respectively,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Brentwood
that a Resolution approving the following actions: (1) accepting Grant of Easements from
Contra Costa County Flood Control District for storm drainage easements and Spy Glass Drive
in Subdivision No. 8310, (2) accepting a Quitclaim Deed from Contra Costa County Mood
Control District for a previous flowage easement in Subdivision No. 8310, (3) accepting a Grant
Deed for a wetland area in Subdivision No. 8310, generally located west of Concord Avenue
and south of Balfour Road, hereby accepting all or the above real property on behalf of the City,
and authorizing the Mayor or City Manager and City Clerk or any of their designees to execute
the Grant of Easements, and such other documents as may be needed to complete the
transaction; (4) authorizing the Mayor or City Manager and City Clerk or any of their designees
to execute Grant of Easements to Contra Costa County Flood Control in Subdivision No. 8310,
hereby conveying a portion of real property for replacement of flowage easements and to
provide County access for maintenance of their facilities and such other documents as may be
needed to complete the transaction.
BE IT FURTHER RESOLVED, that the City of Brentwood hereby accepts the real
property described in the Grant of Easements, Quitclaim Deed and Grant Deed.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 14th day of December 2004 by the following vote:
AYES: Beckstrand, Gutierrez, Petrovich, Swisher, Taylor
NOES: None
ABSENT: (~lone
ABSTAIN: None
Bria Isher
Mayor
ATTEST:
areVerk/Director
az, CMC
City of Administrative Services
I,Karen Diaz,City Clerk of the City of Brentwood,do hereby certify
this is a true and correct copy of Resolution leo 2004-2779 of the City
Council of the City of Brentwood,California,adopted an the 14th day
of December,2004.
Date: 12/17/04 �
Kar •Diaz,CIvTC J
City ClerL- ..r