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HomeMy WebLinkAboutMINUTES - 05222007 - HA.1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA I� TO: BOARD OF COMMISSIONERS FROM: Rudy Tamayo, Executive Director DATE: May 22, 2007 SUBJECT: ADOPT RESOLUTION APPROVING GRANT OF EASEMENT FROM THE HOUSING AUTHORITY TO THE WEST COUNTY WASTEWATER DISTRICT, FOR INSTALLATION OF NEW SEWER PIPELINE IN NORTH RICHMOND. SPECIFIC REQUEST(S) R RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: A. ADOPT Resolution No. 5085 approving a Grant of Easement conveying an easement over a portion of APN 408-160-16 and a portion of APN 409-210-23, located near Ruby Street, in the North Richmond Area, from the Housing Authority of the County of Contra Costa (Housing Authority) to the West County Wastewater District (District) in connection with the installation of a new sewer pipeline and pump station by the District. B. APPROVE the conveyance of said easement to the District, and AUTHORIZE the Executive Director of the Housing Authority to execute the Grant of Easement, and deliver it to the District for execution and recording. C. DIRECT the Executive Director of the Housing Authority to record the Partial Release of Declaration of Trust and return the recorded original to the U.S. Department of Housing and Urban Development. II. FINANCIAL IMPACT: None. III. REASONS FOR RECOMMENDATION/BACKGROUND The District requires the easement through Housing Authority's property to install new sewer pipeline and a pump station, providing increased capacity to the local system. The conveyance of the easement is authorized by Health and Safety Code section 34315. The parcels described and covered by the Grant of Easement are subject two Declarations of Trust benefiting the U.S. Department of Housing and Urban Development (HUD). HUD has executed a Partial Release of Declaration of Trust as to the parcels covered by the Grant of Easement. I CONTINUED ON ATTACHMENT: X SIGNATURE Rud mayo,4ecutive Director RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER I SIGNATURE(S): I ACTION OF BOARD ON APPROVED AS RECOMMENDED OTIER VOTE OF COMMISSIONERS / 1 HEREBY CERTIFY THAT THIS IS A V UNANIMOUS (ABSENT C1 ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE �SHOWN. ATTESTED �0�, a22yV / JOFO CULLE , CLERK O IF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR A BY , DEPUTY H:\JudyHayes\MSOFFICE\WINWORr BOARD\BO-Grant of Easement Las Deltas.doc k IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to adopt Resolution No. 5085, approving the conveyance of the easement from the Housing Authority to the District, the District would not be t i able to make the proposed improvements as planned. j I I I i I I I I I H:VudyHayes\MSOFFICE\WINWORD\BOARD\BO-Grant of Easement Las Deltas.doebo-ins THE BOARD OF COMMISSIONERS HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 5085 RESOLUTION APPROVING THE CONVEYANCE OF AN EASEMENT TO THE WEST COUNTY WASTEWATER DISTRICT, OVER A PORTION OF APN 408-160-16, AND APN 409-210-23, LOCATED NEAR RUBY STREET, FOR THE INSTALLTION OF SANITARY SEWER IMPROVEMENTS IN NORTH RICHMOND. WHEREAS, the Housing Authority of the County of Contra Costa acquired certain real property by deed recorded on April 6, 1949, Book 1371 at page 2241, in North Richmond for the construction and development of a Low Rent Housing Project, and the West County Wastewater District ("District") has requested an easement over a portion of APN 408-160-16, and a portion of APN 409-210-23, described in Exhibits 'A," "B," "C" and "D," attached to the Grant of Easement, attached hereto, for the installation of new sanitary sewer piping and a pump station; and WHEREAS, the Board of Commissioners finds that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the Housing Authority's use of the property, NOW, THEREFORE, BE IT RESOLVED, that the Board Of Commissioners of the Housing Authority of the County of Contra Costa, hereby approves and authorizes the conveyance of the easement described in the attached Grant of Easement to the District, , pursuant to Health and Safety Code § 34315, BE IT FURTHER RESOLVED, that the Executive Director of the Housing Authority of the County of Contra Costa is authorized to execute said Grant of Easement to the West County Wastewater District, and cause its delivery to the District. PASSED AND ADOPTED ON `+rll(l L atia, by the following vote of the Commissioners. AYES: SUPERVISORS GIOIA, UILKEMA, BONILLA, AND PIEPHO NOES: NONE ABSENT: NONE ABSTAIN: NONE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED �� JOHI CULLEN, CLERK OF THE OARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY i H:UudyHaye NSOFFICE\WINWORDIBOARDIBO-Gram of Easement Resolution.doc I 'f RECORDED AT REQUEST OF: West County Wastewater District AFTER RECORDING,RETURN TO: WEST COUNTY WASTEWATER DISTRICT 2910 Hilltop Drive Richmond, California 94806 Portions of APN 409-210-23 and 408-160-16 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, the Housing Authority of the County of Contra Costa("AUTHORITY"), hereby grants to the WEST COUNTY WASTEWATER DISTRICT, a district formed under the Sanitary District Act of 1923 of the State of California(hereinafter "DISTRICT), a nonexclusive easement for installing, constructing, operating, maintaining and using for the purposes stated below, and for no other purposes whatsoever, in the parcels of land situated in the County of Contra Costa, State of California, described as follows (the "Easement Area"): FOR LEGAL DESCRIPTIONS AND MAPS OF EASEMENT AREA, SEE EXHIBITS"A,"`13,""C"and"D,"ATTACHED HERETO AND INCORPORATED HEREIN. The foregoing grant is made subject to the following terms and conditions: 1. USE OF THE PROPERTY The primary use of the property subject to this easement(the "Property") is for public housing purposes, including but not limited to,housing individuals and families qualified for affordable public housing. DISTRICT 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 AUTHORITY, its successors and assigns. DISTRICT shall not, at any time, use or permit anyone else to use the Easement Area in any manner that will impair the AUTHORITY's primary use of the Property. DISTRICT shall not obstruct the Easement Area without prior written approval of the AUTHORITY. 1 i i 2. USE OF THE EASEMENT AREA AUTHORITY grants to DISTRICT an easement for the purpose of constructing, installing, operating and maintaining a ten(10) inch gravity pipeline to be used in connection with a wastewater pump station. This Grant of Easement includes the right of ingress to and egress from the Easement Area by means of roads and lanes thereon, if there be, otherwise by such route or routes as shall occasion the least practicable damage and inconvenience to the AUTHORITY. The DISTRICT shall also have the right to mark the location of the Easement Area by suitable markers set in locations which shall not interfere with any reasonable use the AUTHORITY may make of the Easement Area. The DISTRICT shall also have the right to allow individuals, firms, associations, organizations, partnerships, business trust, corporations,public agencies and other entities to access and enter upon the Easement Area on DISTRICT's behalf and therein construct, operate, maintain, use and remove such sanitary sewer or sewers, sewer laterals and appurtenances on its behalf as may be reasonably required or permissible under this Grant. The AUTHORITY shall have the right to use the Easement Area for purposes not inconsistent with the DISTRICT's full enjoyment of the rights hereby granted, provided that the AUTHORITY shall not place or permit to be placed on said Easement Area, any building or structure,nor allow to be done, anything which may substantially interfere with the full enjoyment by the DISTRICT of the Easement Area. AUTHORITY may landscape the Easement Area in a manner consistent with the DISTRICT's use; however, such use by the AUTHORITY shall not include the planting of trees nor a change in the existing surface elevation(grade) of the Easement Area by more than one (1) foot without first having prior written consent of the DISTRICT. 3. TITLE A. AUTHORITY's Title: DISTRICT hereby acknowledges AUTHORITY's title to the Property, including but not limited to the Easement Area, and agrees never to assail or resist said title. B. DISTRICT's Title' At no cost to AUTHORITY, DISTRICT will construct such sewer mains and appurtenances as necessary to serve the structures on the Property. AUTHORITY hereby acknowledges DISTRICT's right and title in and to any sewer mains or appurtenances constructed or to be constructed by or for AUTHORITY, including in or on said Easement Area. 2 i i 4. CONSTRUCTION AND MAINTENANCE ACTIVITIES A. DISTRICT shall,prior to any construction,reconstruction, remodeling, excavation, installation or plantings within the Easement Area, submit specific plans and specifications to the AUTHORITY for review and written approval. B. Normal maintenance by DISTRICT of its facilities within the Easement Area, including inspection and cleaning of existing pipelines, shall not require prior notice to the AUTHORITY. DISTRICT shall perform maintenance of its facilities so as to prevent damage to the Property, including the Easement Area. C. DISTRICT shall have the right to trim, cut and clear away any and all trees,brush, fences and obstruction now or hereafter in or on said Easement Area which in the opinion of the DISTRICT may be a hazard to or interfere with the inspection or maintenance of said sanitary sewer or sewers and appurtenances. D. DISTRICT shall repair any damage it does to roads or lanes on the Property and shall indemnify the AUTHORITY against any loss or damage caused by the DISTRICT or of its agents or employees, in exercising the rights granted hereby. 5. DAMAGE TO AUTHORITY PROPERTY Any and all AUTHORITY property, facilities, landscaping or other improvements, removed or damaged by DISTRICT, or by any other person or entity acting under DISTRICT's direction or control, shall, at AUTHORITY's discretion and direction, be repaired or replaced by AUTHORITY,with all reasonable costs and expenses, to be paid by DISTRICT (including but not limited to engineering costs and legal costs of collecting any unpaid expenses) or shall be repaired or replaced by DISTRICT, at the sole cost and expense of DISTRICT, equivalent to or better than the pre-existing condition. In the event that DISTRICT fails to commence the required work within thirty days of being directed to do so by AUTHORITY, or such reasonable extension as AUTHORITY may agree in writing, or fails to complete the required work within a reasonable time thereafter,AUTHORITY may perform or complete the work at the expense of DISTRICT, which expense DISTRICT agrees to pay to AUTHORITY promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. 6. DAMAGE TO DISTRICT'S FACILITIES AUTHORITY shall have no responsibility for the protection, maintenance, damage to, or removal of DISTRICT's facilities, appurtenances or improvements, caused by or resulting from AUTHORITY's use of the Property or work or operation thereon. It shall be the sole responsibility of the DISTRICT to provide and maintain adequate protection and surface markings for its own facilities. Subject to the foregoing, if DISTRICT's properly marked, 3 I I protected and maintained facilities are damaged by the sole, active negligence or willful misconduct of AUTHORITY, AUTHORITY shall repair the damage at its sole cost and expense or, at the discretion of and upon written notice from AUTHORITY, the damage shall be repaired by DISTRICT and the pre-approved reasonable cost of such repair shall be paid for by DISTRICT. Under no circumstances will AUTHORITY be liable to DISTRICT 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 DISTRICT's facilities. DISTRICT hereby acknowledges that its sole remedy for any damage to or destruction of any portion of DISTRICT's facilities, to the extent AUTHORITY is otherwise so liable under this Grant of Easement, shall be to require AUTHORITY to repair or replace the damaged or destroyed portion or reimburse DISTRICT for DISTRICT's pre-approved reasonable cost 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 in and to the Property. DISTRICT agrees to take all precautions required to avoid damage to the facilities of any existing user. DISTRICT shall repair or replace any damaged facilities at DISTRICT's sole cost and expense. Nothing contained herein shall be construed to prevent AUTHORITY 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 DISTRICT's easement rights hereunder. AUTHORITY shall have the right to require DISTRICT to modify, remove or relocate its facility within the Easement Area or to a similar easement to be granted to DISTRICT by AUTHORITY, in a timely manner as reasonably necessary to accommodate the AUTHORITY's right to construct, replace, enlarge, repair, maintain and operate its facilities. 8. INDEMNIFICATION, AS-IS CONDITION OF PROPERTY A. In the exercise of all rights under this easement, DISTRICT shall be responsible for any and all injury to the public, to persons and to property arising out of or connected with DISTRICT's use of the Property. DISTRICT shall indemnify, defend, save,protect and hold harmless, AUTHORITY, 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 attorney's 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, DISTRICT's operations, acts or omissions, or the DISTRICT's use of the easement, save and except Liabilities arising through the sole negligence or sole willful misconduct of the AUTHORITY, its officers or employees. 4 I I i I B. DISTRICT 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 AUTHORITY 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 improvement 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 facilities planned by DISTRICT. It shall be the sole responsibility of DISTRICT, 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. DISTRICT relies solely on DISTRICT's own judgment, experience and investigations as to the present and future condition of the Property or its suitability for DISTRICT's intended use and is not relying in any manner on any representation or warranty by AUTHORITY. DISTRICT agrees that neither DISTRICT, nor its successors or assigns, shall ever claim, have or assert any right.or action against AUTHORITY 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 this Grant of 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 AUTHORITY following the commencement of this Grant or 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 DISTRICT to seek contribution or indemnity from any person or entity other than AUTHORITY whose activities are a cause of any discharge, leakage, spillage or emission of hazardous materials on or to the Property. C. To the extent permitted by law, DISTRICT shall indemnify, defend, save,protect and hold the AUTHORITY harmless from and against any and all claims, demands, Liabilities, expenses (including without limitation attorney's fees and consultants fees), penalties, damages,consequential damages and losses, and costs of any kind or nature (including but not'limited to the cost of any required or necessary testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties, and 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 this Grant of Easement, to the extent caused or contributed to by DISTRICT's operation or performance under this easement, or contributed to by DISTRICT'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 5 i i hazardous materials (including petroleum) as a result of DISTRICT'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. D. The obligations contained in this section shall survive the expiration or other termination of this easement. 9. ABANDONMENT hi the event DISTRICT shall cease to use the easement herein continuously for a period of one year, or in the event DISTRICT abandons its facilities or fails to use the easement for the purpose for which it is granted, then all rights of DISTRICT hereby granted shall thereupon cease and terminate and shall immediately revert to and vest in AUTHORITY or its successors. Upon any such termination of DISTRICT's rights, DISTRICT shall, upon request by AUTHORITY, and at DISTRICT'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 DISTRICT to do so, this work may be performed by AUTHORITY at DISTRICT's expense, which expense DISTRICT agrees to pay to AUTHORITY upon demand. DISTRICT shall execute and Quitclaim Deeds required by AUTHORITY in this regard. 10. NO ASSIGNMENT OF EASEMENT No rights granted hereunder shall be transferred, apportioned or assigned without the prior written consent of AUTHORITY. 11. NO SECONDARY RIGHTS Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any part of the Property other than the Easement Area. 12. NOTICES All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as follows: DISTRICT: AUTHORITY: District Manager Development Director West County Wastewater District Housing Authority of the County of Contra Costa 2910 Hilltop Drive 3133 Estudillo St., P.O. Box 2759 Richmond, CA 94806 Martinez, CA 94553 (510) 222-6700 phone Telephone: (925) 957-8011 or(925) 957-8037 (510) 222-3277 fax 6 I I I i or to such other addresses as Authority and Grantor may respectively designate by written notice to the other. 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 constructed 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 that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Grant of Easement. . 15. SUCCESSORS AND ASSIGNS This Grant of Easement and all of the covenants herein contained shall inure to the benefit of and be binding upon heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of , 2006. HOUSING AUTHORITY OF THE WEST COUNTY WASTEWATER COUNTY OF CONTRA COSTA DISTRICT By By ALL PARTIES MUST ATTACH APPROPRIATE ACKNOWLEDGMENTS DRM:LTF:jh H:\MISC\Housing Authwity\Easement to WCWD 081006.wpd I 7 I I EXHIBIT 'A' EASEMENT IN FAVOR OF THE WEST COUNTY WASTEWATER DISTRICT APN 409-210-23 CONTRA COSTA COUNTY, CALIFORNIA JULY 28, 2006 JOB NO. : 1067-30 REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO THE HOUSING AUTHORITY OF THE CONTRA COSTA COUNTY BY DEED, RECORDED JUNE 27, 1951, IN BOOK 1785 OF OFFICIAL RECORDS, AT PAGE 83, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWESTERN CORNER OF SAID PARCEL (1785 OR 83) ; THENCE, LEAVING SAID POINT OF BEGINNING, ALONG THE WESTERN LINE OF SAID PARCEL, NORTH 01007'35" EAST 15.00 FEET; THENCE, LEAVING SAID WESTERN LINE, SOUTH 88048' 11" EAST 211.08 FEET; THENCE, SOUTH 01007'35" WEST 15.00 FEET, TO A POINT ON THE SOUTHERN LINE OF SAID PARCEL; THENCE, ,ALONG SAID SOUTHERN LINE, NORTH 88048'11" WEST 211.08 FEET, TO SAID POINT OF BEGINNING; CONTAINING 3,166 SQUARE FEET OF LAND, MORE OR LESS. END OF DESCRIPTION .. JAL GARCIA, P.L.S. L.S. NO. 5285 EXPIRES: DECEMBER 31, 2007 I P�\1000 - 1099\1067-00\LEG"5\LG-006.DOC Exhibit-A i I i 6-8'n 10' WIDE PARCELCONTRA COSTA COUNTY HOUSING AUTHORITY CONTRA COSTA COUNTY I 13615 OR 492) HOUSING AUTHORITY / t6-'-'E ?� I APN 408-160-16 (1785 OR 83) 0 s N I APN 409-210-23 t UQ�vm a a PROPOSED 15' EASEMENT SW48'11" a E 211.08 a J N — J POB N88'48'11"W 211.08' 408-230-74 408-230-75 1396 M 36) 1395 M 36) SUBDIVISION 7093 I 1395 M 36) Al � TANGENT TABLE NO. BEARING ILENGTH L1 N01-07'35"E 15.00' L2 S01-07'35"W 15.00' EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION EASEMENT IN FAVOR OF WEST COUNTY WASTEWATER DISTRICT APN 409-210-23 CONTRA COSTA COUNTY, CALIFORNIA JULY 28, 2006 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS " PLANNERS. 6111 BOLLINGER CANYON ROAD, SUITE 150 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575 G:\1067\ACAD\PLAT\PLAT005.dwg Jul 28,2006 Exhibit-B EASEMENT IN FAVOR OF THE WEST COUNTY WASTEWATER DISTRICT APN 408-160-16 CONTRA COSTA COUNTY, CALIFORNIA JULY 28, 2006 JOS NO. : 1067-30 REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO THE HOUSING AUTHORITY OF CONTRA COSTA COUNTY BY DEED, RECORDED JUNE 27, 1951, IN BOOK 3615 OF OFFICIAL RECORDS, AT PAGE 492, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWESTERN CORNER OF SAID PARCEL OF LAND (3615 OR 492) ; THENCE, LEAVING SAID POINT OF BEGINNING, ALONG THE WESTERN LINE OF SAID PARCEL, NORTH 01°07'35" EAST 15.00 FEET; THENCE, LEAVING SAID WESTERN LINE, SOUTH 88048'11" EAST 10.00 FEET, TO A POINT ON THE EASTERN LINE OF SAID PARCEL; THENCE, ALONG THE EASTERN LINE OF SAID PARCEL; SOUTH 01°07'35' WEST 15.00 FEET, TO THE SOUTHEASTERN CORNER OF SAID PARCEL; THENCE, ALONG THE SOUTHERN LINE OF SAID PARCEL, NORTH .88-48'11^ WEST 10.00 FEET TO SAID POINT OF BEGINNING; CONTAINING 150 SQUARE FEET OF LAND, MORE OR LESS. END OF DESCRIPTION V � \ Exp.121311 q J L GARCIA, P.L.S. OFL.S. NO. 5285 EXPIRES: DECEMBER 31, 2007 Pe\3000 1099\30fi'/-l0\Le0A13\LG-DD9.00C Exhibit-C i I � I I 0 N a I� I - -10' WIDE PARCEL CONTRA COSTA COUNTY HOUSING AUTHORITY (3615 OR 492) APN 408-160-16 WEST COUNTY WASTEWATER I CONTRA COSTA COUNTY DISTRICT PROPOSED 15' EASEMENT HOUSING AUTHORITY (PARCEL A. 483 M 20) I 111185 OR B3) APN 408-240-95 L2 APN 409-210-23 J J - - POB L4 - - - - 408-230-74 q SUBDIVISION 7093 (395 M 36) � I TANGENT TABLE NO. BEARING LENGTH L1 N01'07'35'E 15.00' L2 S88'48'11'E 10.00' L3 S01'0T35"W 15.00' L4 N88' '11'W 10.00' i PLAT TO ACCOMPANY LEGAL DESCRIPTION EASEMENT IN FAVOR OF WEST COUNTY WASTEWATER DISTRICT APN 408-160-16 CONTRA COSTA COUNTY, CALIFORNIA JULY 28, 2006 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANNERS 6111 BOWNGER CANYON ROAD, SUITE 150 SAN RAMON, CAUFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 865-8575 G:\1067\ACAD\PLAT\PLAT006.dwq Jul 28,2006 I Exhibit-D i