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HomeMy WebLinkAboutMINUTES - 03012005 - C17 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District,California FROM: MAURICE 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: #910'113066]. Brentwood area. District III. Project No. 0651-6L083A SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. 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. II. Fiscal Impact: None. III. 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. IV. Consequences of Negative Action: The District would be responsible for a portion of the maintenance in the new residential golf community development that involves the City of B ntwood and California Su - Properties. Continued on Attachment: SIGNAT COMMENDATION OF COUNTYMINIS RATOR RE_COMMENDATION OF BOARD CMMITXEE PPROVE HER , SIGNATURE(S) :! ACTION OF AGE C ON MA �'. 19 2005 APPROVED AS RECOMMENDED xx OTHER VOTE OF COMM ONERS xx UNANI US(ABSENT NONE ) I 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 date shown. G:\Cn-pData\RealProp\2005-Files\BOs&Reso\BO City of Brentwood Parcel 16.doc Orig.Div:Public Works(R/P) ATTESTED: MARCH 01, 2005 Contact: C.Pina-Sandoval(313-2012) JOHN SWEETEN,Agency Secretary cc: County Administrator Real Property By , Deputy L.Dalziel,Board Orders Clerk Specialist,Adm. -, kv 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 RESOLUTION N0. 2005/ 105 ABSTAIN: NONE Deering s Water code,Uncodified Acts Act 1656 § 32 West's Water Code, Appendix 64-31 (Gov. Code § 25526.5) 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# 910113066]. 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\RealProp\2005-Files\BOs&Reso\BR26 City of Brentwood Parcel 16.doc minutes of the Board of Supervisors on the date shown. Orig.Dept.: Public Works(R/P) Contact: C.Pina-Sandoval(313-2012) ATTESTED:_ MARCH 019 2005 cc: Public Works Accounting JOHN SWEETEN,Clerk of the Board of Public Works Records Supervisors and Cou 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. 20051 105 0�p►ND S� �o Dry Creek Dam Exp.1231-05 C.C.C.F.C.&W.C.D. , �c No LS#6630 .01 1.4 Excess Land 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 52'45'10" 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 52045'10"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 \\O1 SRVO1\DATA\Projects\502\Documents\LLA&Legal Desc&Closures\CCCFCD_FLAG2.doc P.Qa oM OF DMOTA N 00 �� P.aa RmvAmw L OT 23- ,h o �, `� T.R.U. RVAM o � 427 N1 29 LO r 21 27 M 29 ®; Qv 1% •�©, ' Q� 0 � � h 'o, �1 •�' Exp.12/31/05 04 40 !�1 LOT ���� No. 6630 ^� �� 427 M 2 *W L t FLOWAGE It-I `� r. f L INE BEAR I NG DISTANCE `— wO .�.b VA� . f " ! Ll N35 24 45 E 56. 00! L2 N 10' 31' 34"E 10. 42 • yam L3 N82 24 34 W 19. 37 "� ��• 2r r " 85. 16L 0-f � ,_ ��, �5 L4 N42 50 32 E r N L5 N80 31 46 W 60. 15 e2 7 M 2 9 L6 N78. 16' 37"W 75. 59' V L7 N63 02 59"W 76. 0 L8 N45' 32' 13"W 86. 19' o , o � d Lg N43. 38 26 w 122. 750 L10 N431 38' 260 W 53. 96' L 11 N43' 38 26m w 15. 00 �- cT � .� �• L12 N43, 38' 26" W 53. 79f C,j L13 N71' 28 410E 73. 50 ! � 70. 08 COUNTY L14 N85 25 12"E�' CONTRA COSTAf L15 N79 53 50 E 57. 03 z FLOOD CONTROL ANDL16f "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 N4 1' 59' 33"W 15. 01' �'-. L20 N45' 50' 19"E 20. 98' 1 M L21 N45 50 19 E 20 N 02,5 z 1 .�---» CURVE RADIUS LENGTH DELTA IF -NX- 46'02 C2 470. 00' 236. 02 28 46 22 C3 20. 00 28. 85 82 38f4 5 150 75 0 150 300 450 C4 20. 00 28. 85' 82' 38' 45" C5 355. 00 10811 63' 17' 31' 56" C6 20. 00' 31. 42' 90'00' SCALE IN FEET 00" DESIGNED: STAFF PLAT TO ACCOMPANY LEGAL DESCRIPTION WORLDWIDE INCIIII DM,+,N: STAFF CIVIL ENGINEERING• LAND SURVEYING CHECKED: AL EXHIBT "B" PLANNING SCALE: 1"=150' DATE: OCT 2002 111 CENTER AVE. • SU I TE F• PACHECO o CA •94553 SHEET NO. ISA I L I NG ADDRESS• P. 0. BOX 6327• CONCORD•CA• 94524 1OF 1 2 BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA . (925)686-9890• FAX (925)686-9893 JOB N0 00004 DRA"NQ P.\PRQJECTS\502\CCCFCD_.FLAQ2 DAM-06-17-2004 06-17-2004 Recorded at the request of: Contra 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 California. the following described,real property in the City of Brentwood, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Dated MARCH 01, 2005 By C , Board rd of'SuObrvisors STATE OF CALIFORNIA COUNTY OF CONTRA COSTA Can-03/15/05 before me,EMY L. SHARP Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared SUP. GAYLE 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(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: eputy Clerk Csp:eh G:\GrpData\RealProp\2005-Files\05-21DE.03 Parcel 16 Brentwood Suncal.doc 2/10/05 ND Dry Creek Dam Up,12-31-05 C.C.C.F.C.&W.C.D. No.LS#6630 Excess Land 0� ALIS EXHIBIT 66A`9 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 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 52'45'10"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°50'1 9"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 apart hereof End of Description \\O1 SRVO I\DATA\Proj ects\5 02\Documents\LLA&Legal Desc&Closures\CCCFCD—FLAG2.doc aaa am aF Dmuvw LOT' 2 3 (-§0 0 rpma mmvAmv 427 NJ 29 LOT 2 1 427 M 29 AIR Q� Abft �.. z 0 --- U, ' '� ` 1.AHD �. ,y •16 ,, , ;;S-A �. , , Exp.12/31/05 04 �, �1 �' '� LOT -�I N0. 6630 x,11 427M 29 � ' F Or c "o x,12�. 1g L now RESERyAMN LINE BEAR I NG DISTANCE "~ " L1 N35.24' 45"E 56. 00' L2 N14. 31 34 E 10. 42' L3 N82a 24' 34' W 19. 37' LOT 22 L4 N42 50 32*E 85. 16 A�- L5 N8 '3 4 W ' �7 M 2 �, 1 6 60. 15 L6 N78. 16' 37"W 75. 59' c L7 N63.02' 59"W 76. 01' L8 N45.32 13 W 86. 19 o L9 N43 38 26 W 122. 75 L10 N43.38' 26"W 53. 96' .. L11 N43.38' 26"W 15. 00' a *.VV L12 N43 38 26w W 53. 79* L13 N71 28' Tl�E 73. 50 . ' CONTRA COSTA COUNTY L14 N85.25 12"E 70. 08 L15 N79.53' S0"E 57. 03' . � FLOOD CONTROL AND � , L 16 N71 04 17 E 56. 92 � WATER CONSERVATION 1� N � " , L 63 12 13 E 51. 73 -. DISTRICT L18 N52"4 5' 10"W 15. 17' r. ;� _ 4692 OR 455 1.19 N41.59' 33"W 15. 01' cm ay�'"' `O' ,�, L20 N45.50' 19"E 20. 98' 1, `n VIM, IL21 N45a 50' 19"E 24. 55' 10 . R} CURVE RADIUS LENGTH DELTA 04 r'O2 C , � 2 470. 00 236. 02 28 46' 22" 150 75 0C3 20. 00 28. 85' 82. 38' 45 50 ��� �50 4 C � , � r C 20. 00 28. 5 8 82 38 45 C5 355. 00' 108, 63' 17. 31 56" SCALE IN FEET C6 20. 00' 31. 42' 90. 00' 00" PLAT TO ACCOMPANY LEGAL DESCRIPTIONWORLDWIDE INCDESIGNED: STAFF • DRAWN: STAFF CIVIL ENGINEERING• LAND SURVEYING CHECKED: AL EXHIBIT "B" PLANNING SCALE: 1"=l 50' " " DATE: OCT 2002111 CENTER AVE. " SU I TE F PACHECD CA 94553 SHEET NO. . ISA I L I NG ADDRESS•P.D. BOX 6327 a CONCORD s CA a 94524 � OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA (925)686-9890• FAX 925)686-9893 JOB NO. 200004 DRAVANG: P:'PR4JECTS\502\00#CD—FLAG2 DATE: 06--17-2004 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 Flood 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 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. 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: None ABSTAIN: None Bri6n 'er'-' .40 iU Mayor ATTEST: 4. are iaz, CMC City rk/Director of Administrative Services 1,Karen Diaz,City Clerk of the City of Brentwood,do hereby certify this is a true and correct copy of Resolution No 2004-279 of the City Council of the City of Brentwood,California,adop-Wed on the 14th day of December,2004. Date: 12/17/04 Kare -e, Diaz,CMC City Clerk i A 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. 83109 (2) ACCEPTING A QUITCLAIM DEED FROM CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT FOR A PREVIOUS FLOWAGE EASEMENT IN SUBDIVISION NO. 83109 (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. 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 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