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HomeMy WebLinkAboutMINUTES - 04122005 - 2005 RES 202 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on April 5, 2005 by the following vote: AYES. SUPERVISORS GIOIA, PIEPHO, DESAULNIER AND UILKEMA NOES: NONE ABSENT: SUPERVISOR FEDERAL, GLOVER ABSTAIN: NONE RESOLL-LION NO. 2005/202 Deerings Water Code, Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 64-31 Government Code § 25526.6 SUBJECT: ADOPT Resolution No.2005/202approving the conveyance of easements from Contra Costa County Flood Control and Nater Conservation District to the City of Brentwood, in connection with Subdivision 8310 [SCH: # 91.0113066]. Project No. 0651-6LO83A Brentwood Area. District III. The Board of Supervisors as the Governing Body ofthe Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: The Contra Costa County Board of Supervisors adopted the City ofBrentwood's Final Environmental Impact Report on April 27, 2004. Contra Costa County Flood Control and Nater Conservation District acquired certain real property by Deed recorded on August 28, 1964 in Volume 4692 of Official Records at Page 455,in the Brentwood area. The City of Brentwood has requested easements over a portion of said property described in Exhibits "A„ attached hereto, for the purpose of operating and maintaining facilities to the Dry Creek Reservoir across Spyglass Drive. This Board DETERMINES that the conveyance of said easements is in the public`s 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 said easements to the City of Brentwood, pursuant to Government Code Section 25526.6, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute two Grants of Easement on behalf of the District, in consideration for payment received in full in the amount of$7,067.27. The Real Property Division is DIRECTED to cause said Grants of Easement be delivered to the Grantee for recording in the Office of the County Recorder. :csp:eh G:1Grpbata\RealProp\2005-Piles\BOs&Reso\BR.27A Spyglass Easement.doe Orig.Dept.: Public Works(FLIP) Contact: C.Pura-Sandoval(313-2012) 1 hereby certify that this is a true and correct cc: Public Works Accounting copy of an action taken and entered on the Public Works Records minutes of the Board of Supervisors on the Grantee(via RIP) date shown. Recorder(via R/P) ATTESTED: Community Development Dept. JOHN SWEETEN,clerk of the Board of Board Orders Clerk Specialist,Adm. Supervisors and county Administrator Marie Sullivan,City of Brentwood By deputy RESOLUTION NO. 2005/ 202 EXHIBIT A LEGAL DESCRIPTION -- DESCRIBED AREA 'I REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID PARCEL LABELED AS NORTH 37000'14" WEST 172.732 METERS (566.71 FEET) AS SAID LINE IS SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE ALONG LAST SAID LINE NORTH 37°60'14"WEST 243.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG LAST SAID LINE NORTH 37000'14" WEST 43.50 FEET; THENCE NORTH 52059'46" EAST 55.00 FEET TO THE GENERALLY NORTHEASTERLY LINE OF SAID PARCEL (4892 OR 455); THENCE ALONG LAST SAID LINE SOUTH 37000'14" EAST 43.50 FEET; THENCE SOUTH 52059'46," WEST 55.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING.2,393 SQUARE FEET MORE OR LESS. SEE EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. END OF DESCRIPTION EXHIBIT A LEGAL. DESCRIPTION -DESCRIBED AREA 2 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID PARCEL LABELED AS NORTH 37°00'14" WEST 172.732 METERS (566.71 FEET) AS SAID LINE IS SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE ALONG LAST SAID LINE NORTH 37°00'14"WEST 155.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG LAST SAID LINE NORTH 37000`14" WEST 88.50 FEET; THENCE NORTH 52159'46" EAST 55.00 FEET TO THE GENERALLY NORTHEASTERLY LINE OF SAID PARCEL (4892 OR 455); THENCE ALONG LAST SAID LINE SOUTH 37°00'14" EAST 88.50 FEET; THENCE SOUTH 52059'46„ WEST 55.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,868 SQUARE FEET MORE OR LESS. SEE EXHIBIT B — PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. t END OF DESCRIPTION � SAND * No.'`IS 5630 EXHIBIT A LEGAL DESCRIPTION - DESCRIBED AREA 3 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL. RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID PARCEL LABELED AS NORTH 37°00'14" WEST 172.782 METERS (566,71 FEET) AS SAID LINE IS SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE ALONG LAST SAID LIN- NORTH 37000'14" WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG LAST SAID LINE NORTH 37000'14" WEST 80.00 FEET; THENCE NORTH 521159'46" EAST 55.00 FEET TO THE GENERALLY NORTHEASTERLY LINE OF SAID PARCEL (4892 OR 455); THENCE ALONG LAST SAID LINE SOUTH 37000'14" EAST 80.00 FEET; THENCE SOUTH 52059'46„ WEST 55.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,400 SQUARE FEET MORE OR LESS. SEE EXHIBIT B - PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. ENE? OF DESCRIPTION �p LAND Ev s2#6�o EXHIBIT B PLAT TO CCOMPANY LEGAL DESCRIPTIONS p -N - LOT 39 427 M 29 �> SCALE 1'=100' r LOT 22 427 M 29 ------ SUB 83 10 .01 LOT 42 427 M 29 � ,` � . %' LOT 21 427 M 29 f 100, LAT 33 427 M 29 00, f ".o �,. r� P- , ' 4030.00' gyp'{ LAT 47 427 M 29 LAT 19 C=U=M 29 PONT OF COitENCEME�iT , FOR DESCRIBED AREAS 1 TO 3 4892 OR 4515 p LANG? �y\N t �� Exp.12 f 31 f Q5 NO. 6630 OF LOT 32N717j 1�9 08" 427 M 29 ' C;oxo Recorded at the request of: City of Brentwood After recording return to: City of Brentwood City Clerk 708 Third Street Brentwood, CA 94513 Suncal—Spyglass Drive Parcel 11 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 the CITY OF BRENTWOOD, a municipal corporation, State of California,(hereinafter"GRANTEE"), a nonexclusive right to a perpetual easement for installing, constructing, reconstructing, removing, replacing, repairing, upgrading,maintaining,operating and using the storm drain and City road (Spyglass Drive), and appurtenances thereto, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situated in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBIT "A" and "B" IN DESCRIBED AREA 2 The foregoing grant is made subject to the following terms and conditions: I PRIMARY USE OF THE PROPERTY: The primary use of the Property subject to is easement (hereinafter the "Property") is for flood control and drainage purposes, including, but not limited to, the right to install, construct, reconstruct, remove, replace, repair, upgrade,landscape, maintain,and operate facilities, which convey water for such purposes. 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. 2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICTs title to the Property and agrees never to assail or resist said title. 3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prier 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)GRANTEE is responsible for maintenance of its facilities and landscaping within the easement area so as to prevent damage to the site. 4. MODIFICATION, RELOCATION AND REMOVAL OFGRANTEE'S FACILITIES: DISTRICT reserves the right to require GRANTEE to modify its facilities,to relocate said facilities within the easement area or, at DISTRICT's sole discretion,to remove its facilities from the easement area at GRANTEE's sole expense. 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 time specified by DISTRICT, 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 casts. If GRANTEE's facilities are removed from the current easement area GRANTEE shall promptly quitclaim to DISTRICT its interest in the vacated easement area. 5. 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 sale 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. 6. DAMAGE TO GRANTEE'S FACILITIES: DISTRICT shall have no responsibility for Th-e 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 cast and expense or, at the discretion of and upon written notice from DISTRICT, the 2 damage shall be repaired by GRANTEE and the pre-approved reasonable cast 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 loss 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 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. 7. NON-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. DISTRICT shall have the right to require GRANTEE to modify, remove or relocate its facility within the easement area or to a similar easement to be granted to GRANTEE by DISTRICT at no cost, in a timely manner at GRANTEE's sole cost as reasonably necessary to accomodate the DISTRICT's, or any other existing users right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same manner as required by Section 4 of this easement, including the rights and remedies contained therein. 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. 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. GRANTEE acknowledges that Property subject to this easement is in a flood control area. GRANTEE agrees that GRANTEE shall never have, claim or assert any right or action against DISTRICT or the County of Contra Costa in the event of damage to or disruption of GRANTEE's facilities caused or contributed to 3 by flooding orwater, and shall indemnify, defend, save,protect and held DISTRICT harmless from all Liabilities resulting from such damage or disruption. b)GRANTEE further agrees to defend, indemnify, save, protect and hold harmless, DISTRICT from any and all actual or threatened claims, costs, actions or 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 ether 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 claire 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, materiel or waste which is or may became 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 costs 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 4 GRANTEE's use, release or disposal of any hazardous substance, including all costs, claims, damages (including property and personal injury) caused by the 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 orwarranty 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 4E EASEMENT: No rights granted hereunder shall be transferred, apportioned or assigned without the prior written consent of DISTRICT. 12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of DISTRICT's adjacent lands lying outside of the aforesaid strip of land above described. 13. 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. 14. 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 1 b. 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 IL V10— , 2004. CONTRA COSTA COUNTY FLOOD CITY OF BRENTWOOD CONTROL & WATER CONSERVATION DISTRICT ry y r Chair, Board of Supervisors µCity Manager ForTputyf} Silvounty Counsel By STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA ) Can APRIL 05/0- ,efore me, EMY L. SHARP Deputy Clerk of the Board of Supervisors,Contra Costa R ai.nt YLE P. U natty appeared 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. ±' ---/Deputy/Clerk if :csp G:iGrpData\ReaiPropL2004-Filesltl4-7TA.17PA-Mwork2 Suncai Spyglass Parcel 19.doc 7116105(revised) 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT { a State of California I County of t 1 ;i before me, Name and Tflie of ONcar(e.g.,'Ja f)oa,Notary P ') personally appeared Il''7s i Namota)of Signar(a) ) ersonally known to me i ED proved to me on the basis of satisfactory .. evidence VVEM IMAM Ccxrrn*slon#1~3 to be the person` whose nameo(9afe hokuyPalmic-Caftmta subscribed to the within instrument and Coft Ccr* acknowledged to me thatg%� executed MyC rnm.ExphwNov23,3W the same in (.tis eMh& authorized capacity{:► ;" and that by ) signature(st bn the instrument the person( or the entity upon behalf of which the persona { acted, executed the instrument. 1 NESS and offi ' {se i dF't I Sip'Stora Lary 7ubtic i I OPT70NAL i Though the intormatron below is not required by taw,it may prove valuable to persons rtslying on the document and could prevent 1 fraudulent removal and reattachment of this form to another document. Description of Attached document Title or Type of Document: ) Document Date: Number of Pages: - 1 Signer(s)Other Than Named Above: ) Capecity(ies)Claimed by Signer Signer's Name: looms affgz� 0 individual Ton of thumb here 73 Corporate Officer--Title(s): CI Partner--❑Limited 0 General 0 Attomey-in-Fact l ci Trustee Cl Guardian or Conservator 0 Other: Signer Is representing: i 1 95 1999 National NotM Anociatmn•M 6a Soto Avg,,P,o.sox 2402•Chatoworih,CA 81313-2402 www.nationomunaryoM Prod.No.5907 Roomier.,090 Tog-Free 1.99tr$7e-8827 EXHIBIT A LEGAL DESCRIPTION -- DESCRIBED AREA 2 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID PARCEL LABELED AS NORTH 37°00'14" WEST 172.732 METERS (566.71 FEET) A5 SAID LINE. IS SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PACE 29, CONTRA COSTA COUNTY RECORDS; THENCE ALONG LAST SAID LINE NORTH 37°00'14"WEST 155.00 FEET TO THE TRUE POINT OF BEGINNING,THENCE CONTINUING ALONG LAST SAID LINE NORTH 37000'14" WEST 88.50 FEET; THENCE NORTH 52153'46" EAST 55.00 FEET TO THE GENERALLY NORTHEASTERLY LINE OF SAID PARCEL (4892 OR 455); THENCE ALONG LAST SAID LINE SOUTH 37000'14" EAST 88.50 FEET; THENCE SOUTH 52059'46„ WEST 55.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,868 SQUARE FEET MORE OR LESS. SEE EXHIBIT B - PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. END OF DESCRIPTION � 1A ND * �'I S 30 EXHIBIT B PLAT TO CCOMPANY LEGAL DESCRIPTIONS LOT 39 427 M 29 �' . SCALE 1"=100' LOT 22 427 M 29 SUB 8310 427 M 29 oe LOT 42 427 M 29 `•''�� �'' LOT 21 29 00, 42.71 s• L 33 ' �, 427 M 29 400.00' 1;' 5?1 CIL lb LOT 47 Pslll� 427 M 29 e LOT 19 =cki �► 427 � 29 POINT OF COMMENCEMENT FOR DESCRIBED AREAS 1 TO 3 CA ci 4692 OR 455 ���� tANC1 Sll �' as Exp.12/31/05 N0. 6630 LOT 32 JV7¢7,ysorw 427 Irl 29 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 CLASS DRIVE IN SUBDIVISION NO. 8314, (2) ACCEPTING A QUITCLAIM DEED FROM CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT FOR A PREVIOUS FLOWAGE EASEMENT IN SUBDIVISION NO. 8314, (3) ACCEPTING A GRANT DEED FOR A WETLAND AREA IN SUBDIVISION NO. 8314, 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 Meer 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. 83101 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 Brian lsher e Mayor ATTEST: are iaz, CMC City erk{Director of Administrative Services 1,Karen Dist,City Clerk of the City of Brentwood,do hereby cer ify { this is a true and correct copy of Resolution No 2004-279 of the City Council of the City ofBrentwood,California,adopted on the 14th day of December,2004. S Date; 12/!7/04 KaDiaz,CMC Cit3�Clerk i ,.... Recorded at the request of: City of Brentwood After recording return to: City of Brentwood City Clerk 708 Third Street Brentwood, CA 94513 Suncal—Spyglass Drive Parcels 10 and 12 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 the CITY OF BRENTWOOD, a municipal corporation, State of California, (hereinafter"GRANTEE"), a nonexclusive right to a perpetual easement for installing, constructing, reconstructing, removing, replacing, repairing,upgrading, maintaining,operating and using the storm drain, and appurtenances thereto, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situated in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION AND FLAT MAP, SEE ATTACHED EXHIBIT "A" and "B" IN DESCRIBED AREAS I and 3 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 flood control and drainage purposes, including, but not limited to, the right to install, construct, reconstruct, remove, replace, repair, upgrade, landscape, maintain, and operate facilities,which convey water for such purposes. 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. 2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the Property and agrees never to assail or resist said title. 1 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 and landscaping within the easement area so as to prevent damage to the site. 4. MODIFICATION RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES: DISTRICT reserves the right to require GRANTEE to modify its facilities,to relocate said facilities within the easement area or, at DISTRICT's sole discretion, to remove .its facilities from the easement area at GRANTEE's sole expense. In the eventthat 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 time specified by DISTRICT, 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. If GRANTEE's facilities are removed from the current easement area GRANTEE shall promptly quitclaim to DISTRICT its interest in the vacated easement area. 5. 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. 6. 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 2 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 loss 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 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. 7. NDN-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. DISTRICT shall have the right to require GRANTEE to modify, remove or relocate its facility within the easement area or to a similar easement to be granted to GRANTEE by DISTRICT at no cost, in a timely manner at GRANTEE's sole cost as reasonably necessary to accommodate the DISTRICT's, or any other existing user's right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same manner as required by Section 4 of this easement, including the rights and remedies contained therein. 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. 8. INDEMNIFICATION,ASIS 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. GRANTEE acknowledges that Property subject to this easement is in a flood control area. GRANTEE agrees that GRANTEE shall never have, claim or 3 assert any right or action against DISTRICT or the County of Contra Costa in the event of damage to or disruption of GRANTEE's facilities caused or contributed to by flooding or water, and shall indemnify,defend, save, protect and hold DI STRICT harmless from all Liabilities resulting from such damage or disruption. b)GRANTEE further agrees to defend, indemnify, save, protect and hold harmless, DISTRICT from any and all actual or threatened claims, costs, actions or 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 orfrom 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 costs 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 4 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 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 DE EASEMENT: No rights granted hereunder shall be transferred,apportioned or assigned without the prior written consent of DISTRICT. 12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of DISTRICT's adjacent lands lying outside of the aforesaid strip of land above described. 13. 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. 14. 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 15. 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 W EREOF, this Grant of Easement is signed and executed this day of =. :r-1'Y1 -- , 2004. CONTRA COSTA COUNTY FLOOD CITY OF BRENTWOOD CONTROL & WATER CONSERVATION DISTRICT Chair, pard of-86pervisors Form .roved (07/99 Si€vano arches' ounty Counsel By puty STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On APRIL 05/05before me, EW L. SHARP Deputy Clerk of the Board of Supervisors,Contra Costa County, ersonally appeared SUP. GAYLE B. UIL,KMA ' 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: �-"Deputy Clerk :cso G:\6rpDatetRea[Prop\2004-Files\04-7\EA.I7PA-Mwork2 Suncai Spyglass Drivel.doc 7/15/05(revised) 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } 1 State of California County of -- J } On_� before me, t7a4a -�- Nam and TMa of Officer ta.g.,` Doe,Notary Pub'.) personally appeared JOA` WSO Nern®(s)of algtmgs) 4ersonaliv known to me ❑ proved to me on the basis of satisfactory evidence airira�ra� ) yy' M. Commlrition*14UM to be the personfg whose name( is } Notary PUft.COMMOG subscribed to the within instrument and Conn Coft Couf*V acknowledged to me tha f'it'b46#-4"executed i MfComm.IVk*N*V23. the same in i teT1'tt1'Erl'r authorized Capaclty46er, and that by i signature(a ztn the instrument the person{,};or the entity upon behalf of which the persm4e?- acted, executed the instrument. } W13;OIrSS my)iand and offi 'al s } 1 Sign e ry P Elle OPTIONAL IONAL 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 � I itle or Type of Document: } Document mate: Number of Pages: Signer(s)Other Than famed Above: ) l Capacity(ies) Claimed by Signer l Signer's Name: 1 ❑ Individual I Top of thumb here ❑ Corporate Officer—Title(s): } ❑ Partner—C7 Limited ❑General * Attorney-in-Fact ❑ Trustee E ❑ Guardian or Conservator i ❑ Other: 1 Signer Is Representing: J 01999 Nadonat Notary Association+9350 Oe Soto Ave„P 0,Box 2402•Chatsworth,CA 913132402+wwwxAtionaidotaq.org Prod.No.$907 Reorder:Calf Tatf-Fran 1.800.67&Bar'. EXHIBIT A LEGAL DESCRIPTION - DESCRIBED AREA 1 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID PARCEL LABELED AS NORTH 37'00'14" WEST 172.732 METERS (566.71 FEET) AS SAID LINE IS SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE ALONG LAST SAID LINE NORTH 37000'14"WEST 243.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG LAST SAID LINE NORTH 37000'14" WEST 43.50 FEET; THENCE NORTH 52059'46" EAST 55.00 FEET TO THE GENERALLY NORTHEASTERLY LINE OF SAID PARCEL (4892 OR 455); THENCE ALONG LAST SAID LINE SOUTH 37000'14" EAST 43.50 FEET; THENCE SOUTH 52059'46° WEST 55.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,393 SQUARE FEET MORE OR LESS. SEE EXHIBIT B - FLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. END OF DESCRIPTION �P►ND SU No. Ls#6 0 ���r�DF C EXHIBIT A LEGAL DESCRIPTION— DESCRIBED AREA 3 REAL PROPERTY SITUATED IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD), RECORDED ON AUGUST 28, 1964 IN BOOK 4692 AT PAGE 455, CONTRA COSTA COUNTY OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THAT BOUNDARY LINE OF SAID PARCEL LABELED AS NORTH 37000'14" WEST 172.732 METERS (566.71 FEET) AS SAID LINE IS SHOWN ON THE FINAL MAP OF SUBDIVISION 8310 DEER RIDGE VILLAGE LOTS FILED IN BOOK 427 OF MAPS, PAGE 29, CONTRA COSTA COUNTY RECORDS; THENCE ALONG LAST SAID LINE NORTH 37000'14" WEST 75,00 FEET TO THE TRUE POINT OF BEGINNING; THENCE; CONTINUING ALONG LAST SAID LINE NORTH 37000'14" WEST 80.00 FEET; THENCE NORTH 52159'46" EAST 55.00 FEET TO THE GENERALLY NORTHEASTERLY LINE OF SAID PARCEL (4892 OR 455); THENCE ALONG LAST SAID LINE SOUTH 37000'14" EAST 80.00 FEET; THENCE SOUTH 52059'46" WEST 55.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,400 SQUARE FEET MORE OR LESS. SEE EXHIBIT B - PLAT TO ACCOMPANY LEGAL DESCRIPTIONS WHICH IS MADE A PART HEREOF. END OF DESCRIPTION S��t AND No.IS#66384 ���e'of CALtFd���� EXHIBIT B PLAT TO CCOMPANY LEGAL DESCRIPTIONS � —N — LOT 39 427 M 29 �.� SCALE 1"=100' LOT 22 �� `��• 427 M 29 SUB 8310 427 M 29 LOT 42 ��d s� ,s. 427' M 29 ��`� •�s- LOT 21 ��,��� �� 427 29 33 4270 M 29 , �` , r � , N89`38'45"W , .-''" o, ° ,,• ' `1- � c� , � ' 400.00' LOT 47 427 M 29 R° LOT 19 4L T 29 POINT OF COMMENCEMENT CCCFC WM FOR DESCRIBED AREAS 1 TO 3 4692 OR 455 LAND � m Exp.12/31/05 N0. 6630 OF C Nor LOT 32 res ;W 427 M 29 VE E EE i SETE3A EA ON 5H L EYE 4� YAL `� 'S AND C ANUiT � Yrs '/.r.�;?�'.> � / l t�,•'' LL NU i�U�A'�1U p E f , 4 ,< P,It'll- UNDER AN TR Ep f 13 FV TH NEW Ij 7E BU NEW GFEE� + � 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 ANIS 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 Bills 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 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 / J Briaa, Mishery Mayor ATTEST: aVre , iaz, CMC Citrk/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 14th day 3} of December,2004. E Date: I2/17/04 Karen iaz,CMC City Clerk ....................................