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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: AUTHORIZE the Chair, Board of Supervisors, to accept the Grant of Easement from the City of
Brentwood to the Contra Costa County Flood Control and Water Conservation District in connection
with Subdivision 8310. [SCH: #910113066] Brentwood area. District III.
Project No. 0651-6L083A
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. ACCEPT the Grant of Easement dated December 17,2004 from the City of Brentwood.
B. APPROVE and AUTHORIZE the acceptance of said property from the City of Brentwood for the Dry
Creek Reservoir to Contra Costa County Flood Control and Water Conservation District(District).
C. DIRECT the Real Property Division to have the above referenced Grant of Easement recorded in the
Office of the County Recorder.
II. Fiscal Impact: None.
III. Reasons for Recommendations and Background:
California Sun Properties is developing a residential golf community. In order to accommodate the
development that includes alternate access to the District's Dry Creek Reservoir facility and maintenance
responsibility; the City of Brentwood needs to convey said interest to the District. The Contra Costa County
Board of Supervisors adopted the City of Brentwood's Final Environmental Impact Report on April 27, 2004
for the purpose of conducting Real Property transactions. ---
IV. Consequences of Negative Action.
The District will not have appropriate access for main n ce of its Dry Creek Reservoir.
Continued on Attachment: SIGNATURE; 01-ON TV X A
w-MECOMMENDATION OF COUNTY ADMINIS TOR
RECOMMENDATION OF BOARD COMMITTEE
�A ROVE ER f
SIGNATURES)
ACTION OF AGE Y ON , APPROVED AS RECOMMENDED XX OTHER
VOTE OF COMM IONERS I hereby certify that this is a true and correct
xx UNANIMOUS(ABSENT NONE } copy of an action taken and entered on the
AYES: NOES: minutes of the Redevelopment Agency on the
ABSENT: ABSTAIN: date shown.
Csp:eh
G:\GrpData\RealProp12005-Files\BOs&Res61B0 Fairways Easement to Flood Control.doc ATTESTED; MARCH dl 2005
Orig.Div:Public Works(R/P) JOHN SWEETEN,Agency Secretary
Contact: C.Pina-Sandoval(313-2012)
cc: County Administrator By , Deputy
Real Property
L.Dalziel,Board Orders Clerk Specialist,Adm.
"Rej('�6rd-e' d at the request of:
}4.Centra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: C. IPMa-Sandoval
Parcels 8 and 9
GRANT OF EASEMENT
THIS INDENTURE, made by and between City of Brentwood, a municipal corporation of the State of
California, hereinafter called the GRANTOR, and CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT, a political subdivision of the Sate of California, hereinafter called the
GRANTEE,
WITNESSETH:
That the GRANTOR, for value received, hereby grants to the GRANTEE a perpetual easement and right of way
for the purposes of access, laying down, constructing, reconstructing, removing, replacing, repairing,
maintaining, operating-and using as the GRANTEE may see fit,for flood control purposes and transmission of
drainage water, a pipe or pipelines, culverts or ditches, and all necessary braces, connections, fastenings,
fences or other protective barriers or facilities, and other appliances and fixtures for use in connection therewith
or appurtenant thereto, in, under, along, and across that certain real property in the County of Contra Costa,
State of California, described as follows:
FOR DESCRIPTION SEE EXHIBIT "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF.
The easement herein granted shall include the right by said GRANTEE, its officers, agents and employees,
and by persons under contract with it and their employees whenever and wherever necessary for flood control
purposes, to enter upon said land with personnel, vehicles and equipment, to remove all trees, vegetation and
structures thereon that interfere with the purpose for which the easement herein is granted.
itis understood that GRANTEE is not responsible for repairing or replacing any of GRANTOR's improvements
within the area described in Exhibit "A" and "B" herein.
TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the
GRANTEE'S successors and assigns forever.
IN WITNESS WHEREOF, the GRANTOR has executed this indenture this day of --.,oVb1,K. 2004.
CITY OF BRENTWOOD, a municipal corporation
Of the ,&tmfe6Zlifornia
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BY:
Title
ABOVE SIGNATURES MUST BE NOTARIZED
G:\GrpData\ReaiProp\Carmen\EA.03 Grant of Easement Parcels 8 and 9.doc
6/16/04
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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County of
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before me i
On 7
Date Name("and Title of Officer(e.g.,"Ja Doe,Notary Pubic")
appeared ���} U41
personall Y pp Name(s)of Signer(s)
�4ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personal whose name(, is
WET?E M.TOLAND subscribed to the within instrument and
Commission# 1452693 acknowledged to me tha executed
Notary Public -Calitomia the same in i5 erfthr& authorized
+• Contra Costa County capacity(Leel-," and that by & ,tr
My Comm,Expires Nov 23,2007 signature(e)--on the instrument the person(s)'or
the entity upon behalf of which the persmkar�
acted, executed the instrument.
WIT SS my had and official seal
Signatu of tPublic
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:
Document Date: dumber of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
go 411414
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❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner--❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ other:
Signer Is Representing:
01999 National Notary Association•9350 De Soto Ave,,R.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-8827
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EXHIBIT A
LEGAL DESCRIPTION -- DESCRIBED AREA 8
REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 34 OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK
427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID LOT
LABELED AS NORTH 20044'41" EAST 63.949 METERS (209.80 FEET), SAID TERMINUS ALSO BEING
A CORNER COMMON TO THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT (CCCFC&WCD) PARCEL DESCRIBED IN THE DEED TO SAID DISTRICT
RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, OFFICIAL RECORDS OF SAID
COUNTY AND AS SHOWN ON SAID MAP; THENCE ALONG SAID LINE SOUTH 20044'41" WEST
41.16 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ON LAST SAID LINE
SOUTH 20044'41"WEST 48.14 FEET TO A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST
HAVING A RADIUS OF 15.00 FEET, TO WHICH POINT A RADIAL LINE BEARS NORTH 32033127"
WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33131'15" AND AN ARC
DISTANCE OF 8.78 FEET;THENCE ALONG A REVERSE CURVE HAVING A RADIUS OF 38.00 FEET,
TO WHICH POINT A RADIAL LINE BEARS SOUTH 66004'42" EAST; THENCE ALONG LAST SAID
CURVE THROUGH A CENTRAL ANGLE OF 46006'59" AND AN ARC DISTANCE OF 30.59 FEET;
THENCE SOUTH 70002'17" WEST 190.90 FEET TO THE SOUTHERLY LINE OF SAID LOT 34;
THENCE ALONG LAST SAID LINE NORTH 82049'46" WEST 43.85 FEET; THENCE NORTH 70002'17"
EAST 229.93 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 18.00 FEET; THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF
46006'59"AND AN ARC DISTANCE OF 14.49 FEET; THENCE ALONG A REVERSE CURVE CONCAVE
TO THE SOUTHEAST HAVING A RADIUS OF 35.00 FEET, TO WHICH POINT A RADIAL LINE BEARS
NORTH 66004'42" WEST; THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF
21046'48" AND AN ARC DISTANCE OF 13.30 FEET; THENCE NORTH 45042'06" EAST 46.70 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINING 5,354 SQUARE FEET MORE OR LESS.
SEE EXHIBIT B -- PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART
HEREOF.
END OF DESCRIPTION
\tA LE
Exp, 12.31.05 ,
No. LS#6630
OF ����0
EXHIBIT A
LEGAL DESCRIPTION DESCRIBED AREA 9
REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 33 OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK
427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID LOT LABELED
AS NORTH 89038'45" WEST 121.920 METERS (400.00 FEET), SAID TERMINUS ALSO► BEING A
CORNER. COMMON TO THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT (CCCFC&WCD) PARCEL DESCRIBED IN THE DEED TO SAID DISTRICT
RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, OFFICIAL RECORDS OF SAID
COUNTY AND AS SHOWN ON SAID MAP; THENCE ALONG SAID LINE SOUTH 89038'45" EAST
126.62 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 90.00 FEET, TO WHICH
POINT A RADIAL LINE BEARS NORTH 31056'15" EAST; THENCE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 38"06'19" AN ARC DISTRICT OF 59.86 FEET; THENCE SOUTH 83049'56"
WEST 134.89 FEET TO THE BEGINNING OF-A CURVE CONCAVE TO THE NORTHEAST HAVING A
RADIUS OF 60.50 FEET; THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF
59019'57" AND AN ARC DISTANCE OF 62.65 FEET; THENCE NORTH 36'50'07" WEST 78.89 FEET
TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SPYGLASS DRIVE, LAST SAID
POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 470.00 FEET TO WHICH POINT A RADIAL LINE BEARS NORTH
37°27'11"WEST; THENCE ALONG SAID RIGHT OF WAY LINE AND LAST SAID CURVE THROUGH A
CENTRAL ANGLE OF 02026'18" AND AN ARC LENGTH OF 20.00 FEET; THENCE SOUTH 36050'07"
WEST 78.68 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS
OF 40.50 FEET; THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 59019'57"
AND AN ARC LENGTH OF 41.94 FEET; THENCE NORTH 8304956" EAST 134.89 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 110.00 FEET;
THENCE ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 52020'10" AND AN ARC
DISTANCE OF 100.48 FEET; THENCE NORTH 89138'45"WEST 31.74 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 6,937 SQUARE FEET MORE OR LESS.
SEE EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART
HEREOF.
END OF DESCRIPTION VAND S
C.
k\t�AL�Elt
Exp. 12-31-05
No. LS #6630
OF SAL
d
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, 19937 by Resolution No. 93-2, Planning commission
approved Vesting Tentative subdivision Map No. 7890 by A.G. Spanos construction company,
r
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
I
WHEREAS, on April 7, 1998, by Amended Resolution No. 93-2, Planning Commission
approved a 1-year extension of 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 amended conditions; and
WHEREAS, on January 12, 1999, by Resolution No. 99-18, city council approved Final
Map of Subdivision No. 7890 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. 7890 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 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
Bria2, 'fisher
Mayor
ATTEST:
are
City g iaz, CMC
City rk/Director 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 No 2004-279 of the City
Council of the City of Brentwood,California,adopted on the l4th day
of December,2004.
Date: 12/17/04
kare6'
iCMC
City C11rk