HomeMy WebLinkAboutMINUTES - 04082008 - C.19 SY: ! Contra
TO: BOARD OF SUPERVISORS :
FROM: .JULIE R. BUEREN, PUBLIC WORKS DIRECTOR
Costa
DATE: April
p � 2008n
sr�= oi; C o u ty
SUBJECT: Grant Deed. Grant of Easement, and Right of Way Contract, Brentwood area. (District III)
(SCH 2004012135)
(Gov. Code Section § 25526.6 and 25526.5 and F.C.A. 5 31)
Project No. 0651-6L083A (FCP 642-04)
SPLCIFIC RI_QUES'1(S)OR RECOMMI-'NDATION(S)K BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
DETERMINE that the conveyance easement rights as shown on the Waterline Easement and Utility Easement
attached hereto, will not substantially conflict or interfere with Contra Costa County Flood Control and Water
Conservation District (District) use of the property, pursuant to Government Code Section 25526.6 and Flood
Control Act (F.C.A.) § 31.
DETERMINE that the property rights as shown on the Grant Deed attached hereto, is no longer needed for District
purposes pursuant to Government Code Section 25526.5 and F.C.A. 5 31.
APPROVE and AUTHORIZE the conveyance between the District and the City of Brentwood (City), and
AUTHORIZE the Chair, Board of Supervisors, or designee, to execute the Grant Deed, Grant of Easements and
Right of Way Contract on behalf of District.
CONTINUED ON ATTACHMENT: ❑D SIGNA"rUR :
✓ RI:C'O.N1Al1:NDAfION OF COUNTI'AD.11\ISTRATOR RECOMNIENUATION o; AI C :i.NirrTEE
✓
APPROVE OTIIER
SIGNATIIRE(S): '
ACTION OF 130I ON �O b� APPROVED AS RECOMMENDED OTHER
VOTE 01-SUPI_RVISORS: I 1-11-REBY CERTIFY TI IAT TI IIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ) MINUTES OF THE. 130ARD OF SUPERVISORS ON 'I I IE
AYES: NODS: DATE SI IOWN.
ABSENT: ABSTAIN:
Contact: David Kramer,Real Property(313-2227)
DK:sr
G:\ReaIProP\Board Orders\2008\04-08-08 BO-Grant Street B.doc ATTESTED /1 bQ
JOHN CU LEN,C ERK OP THE BOARD OF
SUPERVISORS
cc: Assessor's Office
Lease iManaaement
ACCUIInIIn-S-Pw .
Records-PW Y: DEPUTY
SUBJECT: Grant Deed, Grant of Easement, and Right ofd Way Contract, Brentwood area. (DistrictIIi)
Project No. 0651-6L083A (F.C.P. 642-04)
DATE: April 8, 2008
PAGE: 2 of 2
RECOMMENDED ACTION: (con't)
DIRECT the Real Property Division to cause said Grant Deed,Grant of Easements and Right of way Contract to be
delivered to City for acceptance of recording.
FISCAL IMPACT:
In consideration for the conveyance of the property rights, the District will receive $5,000.00.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
As part of the Grant Street Extension project, the City has requested that the District grant fee title to a portion of
land for extended Grant Street, one easement for utilities including gas lines, electric lines, cable television lines,
telephone lines and fiber optic lines and one easement for one potable water line and one non-potable water line.
The City's Mitigated Negative Declaration was adopted by the Board of Supervisors on April 5, 2005.This .
conveyance would allow for future maintenance of the new utilities, waterlines and street by the Citv.
CONSEQUENCES OF NEGATIVE ACTION:
The District will oven and be liable for a portion of a city street and its maintenance.
Recorded at the request of:
Return to:
Contra Costa County
Public Works Department,
255 Glacier Drive
Martinez, CA 94553
Attn: David Kramer
Portion of Assessor's Parcel No.:016-040-001 Title Co. Order No.
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FLOOD CONTROL AND. WATER CONSERVATION DISTRICT, a
political subdivision of the State of California,
Grants to City of Brentwood, A Municipal Corporation, the following described real
property in the City of Brentwood, County of Contra Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
Dated b c9, :
y
hair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On eq/m og before me, John Cullen, Clerk of the
Board of Sery supi ors and County Administrator, Contra Costa County,
personally appeared jaAp-+rad D. (�agn1 , who 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.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my ha an official seal
1
Signatu e:
Dep ty Clerk
DK:sr
G:\Real Prop\2008-Files\08-01 - City of Brentwood.doc
01/17/08
MARCH 11, 2006 GRANT STREET - FEE SIMPLE TITLE
JOB NO 230024-45 ACROSS THE LANDS OF CCCFCBWCD
LEGAL 1 (8248 OR 167 B 8266 OR 107)
EXHIBIT "A"
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF THOSE CERTAIN PARCELS OF LAND CONVEYED TO THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFCBWCD) BY THE
INSTRUMENTS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY IN BOOK 8248 OF OFFICIAL RECORDS AT PAGE 167 AND IN BOOK 8266 OF OFFICIAL
RECORDS AT PAGE 107, SAID PARCELS BEING SHOWN AS PARCELS 741 AND 742 ON THAT
CERTAIN CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING ENTITLED"FLOOD
CONTROL ZONE 1, LINES E 8 E-1, VIC. LONE TREE WAY, SPRR, EBMUD, HWY 4 &ANDERSON
LANE, RIGHT OF WAY", DRAWING NO. ED-511.1, SHEET 4 OF 7, DATED FEBRUARY 1975 AND
REVISED AUGUST 1976, DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT A BRASS DISC MONUMENT SET IN THE TOP OF A
CONCRETE VALVE BOX STAMPED"EBMUD, P 2954+83.53" SHOWN AND SO DESIGNATED AS
"MONUMENT 2052" ON THE RECORD OF SURVEY ENTITLED"GPS CONTROL NETWORK, RS
2496" FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY IN BOOK 118 OF LICENSED SURVEYORS' MAPS AT PAGE 40, SAID MONUMENT ALSO
BEING SHOWN ON SAID CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING
(ED-511), FROM WHICH A BRASS DISC MONUMENT SET IN THE TOP OF A CONCRETE VAULT
STAMPED"EBMUD P 3007+60.30" SHOWN AND SO DESIGNATED AS "MONUMENT 2069"ON SAID
RECORD OF SURVEY (118 LSM 40) BEARS NORTH 89°22'49" WEST 5277.13 FEET, AND FROM
WHICH"MONUMENT 2052"A BRASS DISC MONUMENT SET IN THE TOP OF A CONCRETE VALVE
BOX STAMPED"EBMUD P 2980+41.79" BEARS NORTH 89°22'52"WEST 2558.58 FEET, AND
RUNNING THENCE NORTH 07°16'18" EAST 115.82 FEET TO AN ANGLE POINT IN SAID
CCCFCBWCD PARCEL (DRAWING NO. ED-511), THENCE, ALONG THE NORTHERN AND
WESTERN LINES THEREOF THE FOLLOWING TWO (2) COURSES: 1) SOUTH 89°23'05" EAST
445.46 FEET,AND 2) SOUTH 01°19'05"WEST 50.14 FEET TO A POINT ON THE NORTHERN LINE
OF GRANT STREET AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL
OF LAND;THENCE, FROM SAID POINT OF BEGINNING, WESTERLY ALONG SAID NORTHERN LINE
OF GRANT STREET NORTH 89°22'47" WEST 439.89 FEET TO THE WESTERN LINE OF LONE OAK
ROAD; THENCE, SOUTHERLY ALONG SAID WESTERN LINE OF LONE OAK ROAD SOUTH
00°50'25" WEST 39.35 FEET TO THE SOUTHERN LINE OF SAID CCCFCBWCD PARCEL, BEING
ALSO THE NORTHERN LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO EAST BAY
MUNICIPAL UTILITY DISTRICT (EBMUD) BY THE DOCUMENT RECORDED IN SAID OFFICE OF THE
COUNTY RECORDER IN BOOK 17 OF OFFICIAL RECORDS AT PAGE 80; THENCE, WESTERLY
Page I
ALONG SAID NORTHERN LINE OF SAID EBMUD PARCEL THE FOLLOWING TWO (2) COURSES. 1)
NORTH 87'05'04"WEST 231.89 FEET, AND 2) NORTH 89°22'52" WEST 62.38 FEET; THENCE,
LEAVING SAID NORTHERN LINE OF SAID EBMUD PARCEL NORTH 75`49'00" EAST 25.85 FEET;
THENCE, WESTERLY ALONG THE ARC OF A TANGENT 824.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTH THROUGH A CENTRAL ANGLE OF 14°49'01"AN ARC DISTANCE OF 213.09 FEET;
THENCE, TANGENT TO THE LAST NAMED CURVE SOUTH 89°21'59" EAST 498.45 FEET TO A
POINT ON THE EASTERN LINE OF SAID CCCFC&WCD PARCELS (DRAWING. NO. ED-511);
THENCE, SOUTHERLY ALONG SAID EASTERN LINE SOUTH 01'19'05"WEST 3.78 FEET TO THE
POINT OF BEGINNING AND CONTAINING 0.231 ACRES OF LAND, MORE OR LESS.
THE BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED UPON THE NORTH
AMERICAN DATUM OF 1983, CALIFORNIA COORDINATE SYSTEM, ZONE III. DISTANCES GIVEN IN
THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY DISTANCES GIVEN BY 1.00006293496 TO
OBTAIN GROUND DISTANCES.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
MICHAEL E. "`k"' r FOR MILANI 8, A 5OCIATES
MICHAEL E. MILANI
NO 1311 L.S. 5311
EXP. 12/31/07
or
Page 2
N89'06 39'[38356' N8923MW 445.46' ATA=0.231 ACt/-
N0716'18E115.82(TlE) CCCFC&WCD NOi'1905�50.14'T fDBRASSOISC
N00'S015 f 139.30"T �� LS 3275 IN WELL
N89'22471V 1301.19 (NN21591V 498.45' M'!1'19"Lt57
AW50252235' _ _ AW2?47 or 4,19.89 _ nN8910 411V 127.58 M-M
2J1. 9' J N89'22411V 404.71 GRAINY STREET - �—
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ay g1fFT 3 fD BRASS'DISC 'CITY Of } � �
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OF CONCREIf YALYF BOX STAMPED `' BRENTWOOD, LS 5530 IN WELL
I� DISC IN WLZL
W19, P 2954t8.f 53'= POC g E.B.M.U.D. 15 -OR 156 O
N8T07131V 25149'T O 20
N89'22 47'W 395.75'
23348' 20.01' 20.00 37575' N89 22 471V 108.99'
N6922-'471V
AW5025t.19J5' ; 0404,71' N8922471V
/ / �_ 28.00(TIE) a
o fD 1-1 27P W " o
N8705 if?.�1.Q9 UBD. 7210,
R� &NAIL, NO TAC � � 0.01' 0.54' � ':Z� �I
#095025'1 0.24' O N81'05
04 152.44(0 +� 0 363 M 40
FROM TRUE COR o DETAIL i4' a I$ 0 28
fD BRASS DISC
AV SMILE LS 3275 IN WELL �
N99'23'051V 639.90' N8910658 E 38356'
CCCFC&WCD CCCO DWG. ED-511 G6109'Ol'
--N89'72411V 1101.39" R=824.007=21109'
CCCFC&WCD CCCO DWG. ED-511 N7649'p0170
#99'22521V 806.12(T) 62.38 2,110'
N89'22'S21V 2558.58V-9 W22511V
1288.96' SU DUAI OF PAM
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N87'07
AND SU N8922081V 82327' 23348'
`G�P�� E. 9 <"�o� DEVANEY fD 1/2'BRASS PIN
N 99-087229 IN CONC
� � o
N . 5
.12 1
OF CA �� Sff 009 AND A107EY ON S7fLU 2
EXHIBIT 'B'
PLAT TO ACCOMPANY LIX DESCRIPTION
GR4NT STREET - FEE SIMPLE ME
ACROSS LANDS OF 000N09 (8248 OR 167 & 8266 OR 101)
CITY OF BRENTNOOD CONTRA COSTA COUNTY - CALIFORNIA
Planners — Engineers — Surveyors
4071 Port Chicago Hwy., Suite 100 f OR MMN A5S")U
--A'P&`Associates Concord CA 94520-1122 M1CfJ'aQ M1yANI
Phone: (925) 674-9082
MILANI Fax: (925) 674-9279 LS 5311, W 12/31/07
AWCH 10 2006 SCALE 1'100' SWT I or 3 Mr
2.02411V(FOR 2-W24-451L[ i)
N89.13051W 619.90'
N8972 9774 1176.88' - N89'12 4714' 1,301.,19'
NDD'31'121Y _ N08'19 5 E.B.M.U.D. 17 OR 95 NB2i2581y 251.79 — — —� 10.72 TIE
I N89'11511V 806:11
N8921521Y 155�58M-M er /
—1269.61' N00'37 08 E 34.99(TIES� � T—
NOJ'25;J E 35.04'IlE 1182.1005 k 7188,3'j
�-1119.03'46 E
1189.11 S4'W 1171..1.1' �J l 105.15(TIE,
f J14'IP, NO TAC fD 3/4'IP, NO TAG 1.37.99'
fD BRASS 0150 SET IN TOP \ �N89.1559 k'13.19'
OF CONCRETE YALVE BOX STAMPED �N
.� 82100514 0.84
EBMUD, P 298OW 79' h.�
h
*—fD 1-1/17P& TAG LS.1014 �
LAND S��` LEGEND
AX POW LF XCINNING
POC POINT 1111mMEJIL^EiIENT
*. No. 5311 * 11-M 1lt7YVUMEA7 TO M11MM
EXP.12/31/07 (1) TOTAL
ACf/- AQU,, MK 614 LESS
rF OF CA � NOTES
I MAM AND LISTA aY 9M AMW ALF W 83 GC/fM14 G17rA4DYAG4IE SY5 N ZAYE It 699 MAM AND
G65TAAm UULAPIY G157AAaS 57>bNN BY 101 7619349610 019a mum LXSTAmn
1. RM TO Gni 0 COSTA 0OUN7Y PU&C VW WANIAG 71000 OW Z0W 1, W AV 0-511, IND 1/75
3. WU TO MUD DMIAM W0li'f1UMNE AOUOWIS RU f Of NAr, P STAI,l0N6" W 41954-71, 11& 73 LNTED 10
AKWY 1967
4. RM TO RECORD OF SURVEY 'GPS LXJYVTROL NEINW,, RS 1496'WED JUNE 1000(118 LSM 40)
5. -WET 3 SNOWS INE PARCEL 6iElNG COMB 1N AS EIVIIRL7Y. SEF 99775 1 &1 fOR 1If510 MUMM AND
ALU�JIIV/MG Pkq°E1M
EXH/Bff 'B'
PLAT TO ACCOMPANY LIX DESCRIP11ON
GRANT STREET - fEE SIMPLE TIME
ACROSS LANDS OF 0000 (8248 OR 161 & 8266 OR 101)
CITY OF BREKWOOD — CONTRA COSTA COUNTY — CALIFORNIA
Planners — Engineers — Surveyors
4071 Port Chicago Hwy., Suite 100
'` k Associates Concord CA 94520-1122
MILANI Phone: (925) 674-9082 MEJAW
Fax: (925) 674-9279 LS,6311, QP 12131107
MARCH 10 2006 SC4LE 1'-1010 SWT z or 3 WU S
B0024110(rOR P,10024-45ilfG 1.1)
ARfA=0131 ACf/-
549�� 0=14'49"W CCCFC&WCD
N7 49 R=824.A9'1=213.09'
M89'21591Y 498.45' NOl'19'05 X78'
hIB9'21'471Y 43984' GRANT STREET Pq9
Af�I'5025�3935'
77
62 '041Y 231.&4'
A�&9'222 511Y N87QS
E.B.M.U.D. 17 OR 80 E.B.M.U.D. 13 OR 156
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AND
No. 5311
EXP.12/31/07
s9T�O
F CA
EXHIBff 'B'
PLAT TO ACCOMPANY LEX DESCRIPPON
GRANT STREET - fEE SIMPLE TINE
ACROSS LANDS Of CXFC&WCD (8248 OR 167 & 8266 OR 101)
WY OF BR IV00D — CONTRA COSTA COUNTY — CALIFORM
Planners — Engineers — Surveyors
_ 4071 Pori Chicago Hwy., Suite 100 �AN A �
J" Concord CA 94520-1122
k Associates Phone: (925) 674-9082 Ml E M1LAN1
MILANI Fax: (925) 674-9279 !S 5311, &P. 12/31/07
MARCH 10 2006 SCALE 1100, qG7 3 or 3 91EM
2JW241IC 2(FOR 2024-4511 EX I)
Recorded at the request of:
City of Brentwood USE FOR EASEMENTS TO OTHER PUBLIC AGENCIES SUCH AS
LATERAL CROSSINGS GRANTED FOR NO CHARGE. THIS ONE
After recording return t0: IS SET UP FOR FLOOD CONTROL SO NEEDS MODIFICATION
Contra Costa County FOR OTHER USES.
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: David Kramer
Portion of A.P.N. 016-040-001
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 CITY OF
BRENTWOOD, a municipal corporation, (hereinafter"GRANTEE"), a nonexclusive right to a
perpetual easement and right of way for installing, constructing, reconstructing, removing,
replacing, repairing, upgrading, maintaining, operating and using one 4-inch underground
natural gas pipeline, two 4-inch underground fiber optic line conduits, two 2-inch
• underground cable television conduits, four 4-inch underground telecommunications
conduits, one 1.5-inch underground electric line conduit and one 6-inch underground
electric conduit and all underground or traffic-grade appurtenances thereto, and for no
other purposes whatsoever, along and in all of the hereinafter described as follows:
FOR DESCRIPTION AND PLAT MAP, SEE ATTACHED EXHIBITS "A" AND -B-
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
conveys 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 DISTRICTto 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 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 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 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
2
and maintained facilities are damaged by the sole, active negligence or willful
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. 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 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, 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
3
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 by flooding or water, and shall indemnify, defend, save, protect
and hold 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 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 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, 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,
4
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
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 OF 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
5
grant of easement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting parry shall not apply to the
interpretation of this grant of easement.
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 WHEREOF, this Grant of Easement is signed and executed this
day of
CONTRA COSTA COUNTY FLOOD GRANTEE(S)
CONTROL & WATER CONSERVATION
DISTRICT
By By_/
Ch ir, Board of Supervisors City Manager
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On D O before me, John Cullen, Clerk of the Board
of Supervisors and CountyAdm'nistrator, Contra Costa County, personally
appeared _f6 Ap" ::d C�, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand a ff�icial seal.
Signatur .
Depu Clerk
APPROVED AS TO FORM
by County Counsel
July, 1999
DK:sr
G:\Real Prop\2007-Files\07-12-City of Brentwood A Grant of Easement- District.doc
12/12/07
6
ACKNOWLEDGMENT
State of Cali ornia
County of
OnLqa f�,?%7 (>' before me,
,l (in rt name and title of the offic )
personally appeared rxY ha l�lr a'��(1S'
who proved to me on the basis of satisfactory evidence to be the personA whose name is/ate
subscribed to the within instrument and acknowledged to me that He/she/t#ey executed the same in
-#+6/her/t4:e+f authorized capacity(�S , and that by-h+s/her/then signaturem on the instrument the
perso%N' or the entity upon behalf of which the person(A acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
hand and official seal. MARGARET A.WI
IVIBERLY
WITNESS my C� Commission# 1556096660966
Notary Public-California
Son Joaquin County
My Comm.Expires Mor 18,2009
Signature ��� �i. /' (Seal)
March 10 2006 PUBLIC UTILITY EASEMENT
JOB NO. 230024-45 ACROSS THE LANDS OF CCCFC&WCD
LEGAL 6 (8248 OR 167 & 8266 OR 107)
EXHIBIT "A"
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF THOSE CERTAIN PARCELS OF LAND CONVEYED TO THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT(CCCFC&WCD) BY THE
INSTRUMENTS RECORDED. IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY IN BOOK 8248 OF OFFICIAL RECORDS AT PAGE 167 AND IN BOOK 8266 OF OFFICIAL
RECORDS AT PAGE 107, SAID PARCELS BEING SHOWN AS PARCELS 741 AND 742 ON THAT
CERTAIN CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING ENTITLED "FLOOD
CONTROL ZONE 1, LINES E & E-1, VIC. LONE TREE WAY, SPRR, EBMUD, HWY 4 & ANDERSON
LANE, RIGHT OF WAY", DRAWING NO. ED-511, SHEET 4 OF 7, DATED FEBRUARY 1975,
DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT A BRASS DISC MONUMENT SET IN THE TOP OF A
CONCRETE VALVE BOX STAMPED"EBMUD, P 2954+83.53" SHOWN AND SO DESIGNATED AS
"MONUMENT 2052"ON THE RECORD OF SURVEY ENTITLED "GPS CONTROL NETWORK, RS
2496" FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY IN BOOK 118 OF LICENSED SURVEYORS' MAPS AT PAGE 40, SAID MONUMENT ALSO
BEING SHOWN ON SAID CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING
(ED-511), FROM WHICH A BRASS DISC MONUMENT SET IN THE TOP OF A CONCRETE VAULT
STAMPED "EBMUD P 3007+60.30"SHOWN AND SO DESIGNATED AS "MONUMENT 2069"ON SAID
RECORD OF SURVEY (118 LSM 40)BEARS NORTH 89°22'49"WEST 5277.13 FEET, AND FROM
WHICH "MONUMENT 2052"A BRASS DISC MONUMENT SET IN THE TOP OF A CONCRETE VALVE
BOX STAMPED "EBMUD P 2980+41.79"BEARS NORTH 89°22'52"WEST 2558.58 FEET, AND
RUNNING THENCE NORTH 07°16'18"EAST 115.82 FEET TO AN ANGLE POINT IN SAID
CCCFC&WCD PARCEL (DRAWING NO. ED-511); THENCE, ALONG THE NORTHERN AND
WESTERN LINES THEREOF THE FOLLOWING TWO (2)COURSES: 1)SOUTH 89°23'05" EAST
445.46 FEET, AND 2) SOUTH 01°19'05"WEST 50.14 FEET TO A POINT ON THE NORTHERN LINE
OF GRANT STREET; THENCE, WESTERLY ALONG SAID NORTHERN LINE OF GRANT STREET
NORTH 89°22'47"WEST 439.89 FEET TO THE WESTERN LINE OF LONE OAK ROAD; THENCE,
SOUTHERLY ALONG SAID WESTERN LINE OF LONE OAK ROAD SOUTH 00050'25"WEST 39.35
FEET TO THE SOUTHERN LINE OF SAID CCCFC&WCD PARCEL, BEING ALSO THE NORTHERN
LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO EAST BAY MUNICIPAL UTILITY
DISTRICT (EBMUD) BY THE DOCUMENT RECORDED IN SAID OFFICE OF THE COUNTY
RECORDER IN BOOK 17 OF OFFICIAL RECORDS AT PAGE 80; THENCE,WESTERLY ALONG SAID
NORTHERN LINE OF SAID EBMUD PARCEL THE FOLLOWING TWO (2)COURSES: 1) NORTH
87°05'04"WEST 231.89 FEET,AND 2)NORTH 89°22'52" WEST 62.38 FEET; THENCE, LEAVING
SAID NORTHERN LINE OF SAID EBMUD PARCEL NORTH 75°49'00" EAST 25.65 FEET; THENCE,
NORTHEASTERLY ALONG THE ARC OF A TANGENT 824.00 FOOT RADIUS CURVE CONCAVE TO
THE SOUTHEAST HEREINAFTER REFERRED TO AS CURVE "A"THROUGH A CENTRAL ANGLE OF
Page ]
03°52'04"AN ARC DISTANCE OF 55.62 FEET TO A POINT FROM WHICH A RADIAL BEARS SOUTH
10`18'56" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL OF LAND; THENCE, FROM SAID POINT OF BEGINNING, NON-TANGENT TO
THE LAST NAMED CURVE NORTH 89021'59"WEST 625.08 FEET; THENCE, SOUTH 00`38'58"WEST
19.15 FEET TO A POINT THE HEREINABOVE NAMED SOUTHERN LINE OF SAID CCCFC&WCD
PARCELS, BEING ALSO THE NORTHERN LINE OF SAID EBMUD PARCEL; THENCE, WESTERLY
ALONG SAID SOUTHERN LINE OF SAID CCCFC&WCD PARCELS NORTH 89°22152" WEST 20.00
FEET; THENCE, LEAVING SAID SOUTHERN LINE NORTH 00°38'58" EAST 30.08 FEET TO A POINT
ON .THE NORTHERN LINE OF LOT 206 AS SAID LOT IS SHOWN AND SO DESIGNATED ON THE
MAP ENTITLED"SUBDIVISION NUMBER FIVE OF BRENTWOOD IRRIGATED FARMS AMENDED"
FILED FOR RECORD IN SAID OFFICE OF THE COUNTY RECORDER IN BOOK 17 OF MAPS AT
PAGE 372; THENCE, EASTERLY ALONG SAID NORTHERN LINE OF LOT 206 SOUTH 89°22'47"
EAST 721.40 FEET TO A POINT ON THE NORTHEASTERLY EXTENSION OF THAT CERTAIN 824.00
FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST HEREINABOVE DESCRIBED AS CURVE
"A"; THENCE, SOUTHWESTERLY ALONG SAID 824.00 FOOT RADIUS CURVE CONCAVE TO THE
SOUTHEAST,THE CENTER OF WHICH BEARS SOUTH 04°57'04" EAST, THROUGH A CENTRAL
ANGLE OF 05°21'52"AN ARC DISTANCE OF 77.15 FEET TOA POINT FROM WHICH A RADIAL
BEARS SOUTH 04°57'04" EAST, BEING THE POINT OF BEGINNING, AND CONTAINING 0.180
ACRES OF LAND, MORE OR LESS.
THE BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED UPON THE NORTH
AMERICAN DATUM OF 1983, CALIFORNIA COORDINATE SYSTEM, ZONE III. DISTANCES GIVEN IN
THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY DISTANCES GIVEN BY 1.00006293496 TO
OBTAIN GROUND DISTANCES.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
i
e,T 0 LAND uVRy /
F
A.
FOR MILANI & ASSOCIATES
X41CHAE+L E_MAA MICHAEL E. MILANI
* exp. Jl, L.S. 5311
EXP. 12/31/07
NO °911
OF4
Page 2
_ IATA-401 ACf -
N89'0658E 383.56 , N89'23051V 99.,.96'
10 I A NOT 16'18 f
CCCFC&WCD fD BRASS DISC
�^ S A/0 1'19 05£50.14(T)
115.82(TIE) -� NOO'5025 E 139.30(7) LS 3275/N WELL
V A'89'12 47'W 1271' 1
N00'S025E,i9..i5' _ N89'2147W 439.89 _ I N89204J1Y117.58M-M
N87'05 O 231.89" N8972471V 404.71'— GRANT SMUT ti
N89'22Vr 2558.56k-MSLT IN i'
,�SALfD fD BRAS EBMUD BRASS DISC 'CITY OF
BRASS DISC SET IN TOP:) o o BRENTWOOD, LS 553D'IN WELL
OF CONCRETE VE BOX STAMPED SI^ DlSC/N WLZL
IBM, P 2954f8353'= POXC
B.M.U.D. 13 OR 15 6 1
N870733'W 25349"7 0 ?0 _
N89'21411V 395.75"
133 10.01' 20.00' 315.15" N89'22 47"W 108.99'
N8922 471V ti
O NDO'S025 E39.35' •�
0 404.71 N89'12 47'W .._,
fD 1-112V W/ � h 28.00 I N87'05041V 131.89'
h AWQ NO TAG 20.01' 0.54' o
o UBD. 7210 z
W NOD'50'?57'0.24' O IV8705 01 V 252.44(7) 0 363 M 40
�., fROM TRU£COR z DETAIL A A 0 28'
fD BRASS DISC =
Ab S�4lf S LS,7275 IN WM �
,f (=W2/S2'R=82f 00 L=77.15
N89'?3'051V 639.90' N09'0658E X.56'
CCCFC&WCD CCCO DWG. ED-51 1 D=03'5204 R=824.00 L=55.62' - lvt
N89'22 471V 1301.39(T)--- AW22471Y 721.40' (CURE
N892)5,2W 62 38
441.18�� : ....... ..... ......::..:.....:.. ..... ::. .. .... .... .. .. . . .. .. ....
.... ...:........ ..
177.85' AW21 V V 625.09' NBT05 04
AW22V1Y N897?S21i'155B58'Y-M 606.11(T) �-0180Kfl LNW85'E 23(.99"
1288.96'
�h
E.B.M.U.D. 17 OR 80
N87'07:JJ
grd�U604 s�A� N892208'W 82327(T) 23348'
°y°. DEVANEY fD 1/2'BRASS PIN
N L MANI 99-081229 IN COW �k
* eKp• �
� Nn r 1 ,
Of lei `y
SE LEW AND A07E ON RZU 2
EXH/BI T' 'B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
PUBLIC UlL9 EASEMENT
ACROSS LANDS OF CCCFC 0 (8248 OR 167 & 8266 OR 107)
CITY OF BRENTWOOD - CONTRA COSTA COUNTY - CALIFORNIA
Planners — Engineers — Surveyors
4071 Pori Chicago Hwy., Suite 100 FDR A01 AMU
Concord CA 94520-1122
'"'wk Associates Phone: (925) 674-9082 �� V1
MILANI Fax: (925) 674-9279 LS 5711, BY.. 121JI107
MARCH 102006 SG4LE 1'-100' 9EU 1 OF 2 5 HWS
2.W241ICL 12(f'OR 2JX24-45 1 LfX 6)
#89'23 05'W 639.90'
#8972 47'W 1276.88' N8972 47 W 11301.39'
—N00'32'127V 65.01(PE) N81 I?'` – – – – 70.72�lE
E.B.M.U.D. 17 OR 95 S8 25179' –
N89'22521V'806.12
N8922MY 2558.5811-M /
1169.61' N00'37'08'E 34.99(TlE)---J r T—
NO3'1533"E 3504(T11) NB2700'5w, 25888'j \ 1—#19'03'46 E
#8972541W 1271.33' �) / 105-15(T1E)
�R 3/4'IP, NO TAG f0 3/4"IP, NO TAG 2j7gg' \
fD BRASS DISC SET IN TOP '15591V 13.29'
OF CONCRf1F VALVE BOX STAMPED N8210051V 0.84'
78MU9, P 2980141.79' o h •�
Jo
1.0–ID 1-1/27P TAG LS 3014
Q��yo��� LEGEND
'Fa M fm
P08 A1'NT OF EYNN/hs;
URCH SEL E MAN PX POINT
�- POINTGMMD
#Y wU/7 /mAMOVT
e*.L2 ;1.Y-7
(T) TOIAI
NO rs» r Xil- AM,, J"OR LESS
CO>F C�'+� �° NOTES
1. BFU1'1'MGS AND DJ57AW Sfd7lilV H"ARE MO 8,1 fAUf7b4NL4 CYXA9'J1N4TE SYSTTlI ZONE 116W MAVS AND
ASmz mi&flPLY ASTAw S)SCAi1V BY 1.G1w293496 TO 019Tm Gi w#D xThdo
2. 1V TO Cl7NW 06TA WUNTY PINK NOM ORAW IZOL19 CLryVTkbl ZONE 1, OW NO 0-511, ma 1/75
3 RON TO LZiUL/D D144WM aK,l RI/0YE AQUEDUCTS TETT OF WAY, P STAIKWS; W 41954-71, 11 73 047ID 10
AKWIY 1967
4 R9V TO fLECYa4D OF SURVEY "GPS Cb'riM KTOW RS 2496'040✓UNE W(118 LSU 40)
EXHIBIT W.
PLAT TO ACCOMPANY LEW DESCRIPTION
PUBLIC UTILITY' XIMI F
ACROSS LANDS OF CCCF00 (8248 OR 167 k 8266 OR 107)
CITY OF BRENTWOOD - CONTRA COSTA COUNTY - CAUFORNIA %
Planners — Engineers — Surveyors
4071 Port Chicago Hwy., Suite 100 FOR ll/W&MAO
�`�k'Associates Concord CA 94520-1122
MILANI Phone: (925) 674-9082 Wi1^f�lfl E IM
Fax: (925) 674-9279 LS 5311, EXP 121JI107
MSI RCH 10 2006 SCALE 1'100' SE7 2 OF 2 WaZ
2JO024I1C112(fp4 2JA024-451lfG16)
GRANTOR: Contra Costa County Flood Control APN: Pin. APN 016-040-001 &
Project Name: Grant Street Infrastructure.Improvement,CIP 336-31460 a strip along Grant St.
CITY OF BRENTWOOD
RIGHT OF WAY CONTRACT
In consideration of the terms and conditions set forth in this Purchase Agreement(the "Agreement"),
Contra Costa County Flood Control and Water Conservation District("GRANTOR") shall deliver to the
City of Brentwood("CITY"),Grant Deed and Grant of Easements suitable for recordation and conveying
from GRANTOR to CITY fee interest for Grant Street,an easement for public utilities and an easement for
water line purposes,the areas described in Exhibits A 1,A2 and A3, incorporated herein by this reference.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
1. Entire Agreement
The parties have herein set forth the whole of their agreement. The performance of this Agreement
constitutes the entire consideration for the Grant Deed and Grant of Easements and shall relieve CITY
of all further obligations or claims on this account or on account of the location, grade, construction
or operation of the proposed public improvement.
'_. CiTY shall
A. Pay the sutra of FIVE THOUSAND DOLLARS AND NO/100($5,000.00)for the property
identified in Exhibit Al,A2 and A3 attached hereto and made a part hereof to GRANTOR
upon delivery of a fully executed Grant Deed and Grant of Easements to the City as set forth
herein.
B. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction.
3. Binding on Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and
assigns of the parties to tills Agreement.
4. No Leases
GRANTOR warrants that there are no oral or written leases on all or any portion of the property
exceeding a period of one month,and GRANTOR further agrees to hold CITY harmless and
reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of said
property held by any tenant of GRANTOR for a period exceeding one month.
5. Quitclaim Deeds
If any lessee interests are identified in Paragraph 4 herein,as a condition precedent to approval of this
Agreement by the City council, Quitclaim Deeds or similar releases sufficient to clear any possessory
rights from the subject property will be required. GRANTOR agrees to assist CITY in securing said
Quitclaim Deeds or releases.
6. Approval of CITY
GRANTOR understands that this Agreement is subject to the approval of CITY. Further, that this
Agreement shall have no force or effect unless and until said CITY approval has been obtained.
1
ROW\WPFilcst.FomisR191,ol WavContract
GRANTOR: Contra Costa County Flood Control APN: Pin.APN 016-040-001 &
Project Name: Grant Street Infrastructure Improvement,CIP 336-31460 a strip along Grant St.
7. Approval of GRANTOR
CITY understands that the Agreement is subject to the approval of the GRANTOR(COUNTY).
Further, that this Agreement shall have no force or effect unless and until said COUNTY approval has
been obtained.
8. Authority to Sign
GRANTOR and the signatories represent and warrant that the signatories to this Agreement are
authorized to enter into this Agreement to convey real property and that no other authorizations are
required to implement this Agreement on behalf of GRANTOR.
9. Counterparts Signature
This Agreement may be executed in counterparts,each of which shall be an original,but all
counterparts shall constitute one agreement.
(As used above, the term, "GRANTOR"shall include the plural aswell as the singular number.)
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written
herein below.
Contra Costa County Flood Control&
City of Brentwood: Water Conservation
00,
By: / CJ�'h-��.� By:
Donna Landeros,City Manager
Date: Title: to",
�
Date: oT
Approved as to Form:
By: le.— rt � (�-
Damien Brower,City Attorney
Date: Z' "U
NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED
2
ROW\W PFilcsTorms\Right or Way Contract
EXHIBIT "Al"
MARCH 11. 2006- GRANT STREET- FEE SIMPLE TITLE
JOB NO. 230024-45 ACROSS THE LANDS OF CCCFC&WCD
LEGAL 1 (8248 OR 167 & 8266 OR 107)
EXHIBIT"A"
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF THOSE CERTAIN PARCELS OF LAND CONVEYED TO THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD) BY THE
INSTRUMENTS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY IN BOOK 8248 OF OFFICIAL RECORDS AT PAGE 167 AND IN BOOK 8266 OF OFFICIAL
RECORDS AT PAGE 107, SAID PARCELS BEING SHOWN AS PARCELS 741 AND 742 ON THAT
CERTAIN CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING ENTITLED "FLOOD
CONTROL ZONE 1, LINES E & E-1, VIC. LONE TREE WAY, SPRR, EBMUD, HWY 4 & ANDERSON
LANE, RIGHT OF WAY", DRAWING NO. ED-511.1, SHEET 4 OF 7, DATED FEBRUARY 1975 AND
REVISED AUGUST 1976, DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT A BRASS DISC MONUMENT SET IN THE TOP OF A
CONCRETE VALVE BOX STAMPED "EBMUD, P 2954+83.53" SHOWN AND SO DESIGNATED AS
"MONUMENT 2052" ON THE RECORD OF SURVEY ENTITLED"GPS CONTROL NETWORK, RS
2496" FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY IN BOOK 118 OF LICENSED SURVEYORS' MAPS AT PAGE 40, SAID MONUMENT ALSO
BEING SHOWN ON SAID CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING
(ED-511), FROM WHICH A BRASS DISC MONUMENT SET IN THE TOP OF A CONCRETE VAULT
STAMPED"EBMUD P 3007+60.30" SHOWN AND SO DESIGNATED AS "MONUMENT 2069"ON SAID
RECORD OF SURVEY(118 LSM 40) BEARS NORTH 89°22'49"WEST 5277.13 FEET, AND FROM
WHICH"MONUMENT 2052"A BRASS DISC MONUMENT SET IN THE TOP OF A CONCRETE VALVE
BOX STAMPED"EBMUD P 2980+41.79" BEARS NORTH 89122'52"WEST 2558.58 FEET, AND
RUNNING THENCE NORTH 07°16'18" EAST 115.82 FEET TO AN ANGLE POINT IN SAID
CCCFC&WCD PARCEL (DRAWING NO. ED-511), THENCE, ALONG THE NORTHERN AND
WESTERN LINES THEREOF THE FOLLOWING TWO (2) COURSES: 1) SOUTH 89°23'05" EAST
445.46 FEET, AND 2) SOUTH 01`19'05" WEST 50.14 FEET TO A POINT ON THE NORTHERN LINE
OF GRANT STREET AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL
OF LAND; THENCE, FROM SAID POINT OF BEGINNING, WESTERLY ALONG SAID NORTHERN LINE
OF GRANT STREET NORTH 89°22'47" WEST 439.89 FEET TO THE WESTERN LINE OF LONE OAK
ROAD; THENCE, SOUTHERLY ALONG SAID WESTERN LINE OF LONE OAK ROAD SOUTH
00`50'25"WEST 39.35 FEET TO THE SOUTHERN LINE OF SAID CCCFC&WCD PARCEL, BEING
ALSO THE NORTHERN LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO EAST BAY
MUNICIPAL UTILITY DISTRICT (EBMUD) BY THE DOCUMENT RECORDED IN SAID OFFICE OF THE
COUNTY RECORDER IN BOOK 17 OF OFFICIAL RECORDS AT PAGE 80, THENCE, WESTERLY
Page 1
ALONG SAID NORTHERN LINE OF SAID EBMUD PARCEL THE FOLLOWING TWO (2) COURSES 1)
NORTH 87°05'04"WEST 231.89 FEET, AND 2) NORTH 89°22'52"WEST 62.36 FEET; THENCE,
LEAVING SAID NORTHERN LINE OF SAID EBMUD PARCEL NORTH 75°49'00" EAST 25.85 FEET;
THENCE, WESTERLY ALONG THE ARC OF A TANGENT 824.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTH THROUGH A CENTRAL ANGLE OF 14`49'01"AN ARC DISTANCE OF 213.09 FEET,
THENCE, TANGENT TO THE LAST NAMED CURVE SOUTH 89`21'59" EAST 498.45 FEET TO A
POINT ON THE EASTERN LINE OF SAID CCCFCBWCD PARCELS (DRAWING. NO. ED-511);
THENCE, SOUTHERLY ALONG SAID EASTERN LINE SOUTH 01'19'05"WEST 3.78 FEET TO THE
POINT OF BEGINNING AND CONTAINING 0.231 ACRES OF LAND, MORE OR LESS.
THE BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED UPON THE NORTH
AMERICAN DATUM OF 1983, CALIFORNIA COORDINATE SYSTEM. ZONE 111. DISTANCES GIVEN IN
THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY DISTANCES GIVEN BY 1.00006293496 TO
OBTAIN GROUND DISTANCES.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
MCHAU
r y�
E.L""A ''' FOR MILANI & 3SOCIATES
Cycp. _12- 7 MICHAEL E. MILANI
Nn rail /( L.S. 5311
EXP. 12/31/07
Or
F 1v
Page 2
N99'0658F 38356' 119921051Y 445.46' AR9=0111 Kil-
"1iTl6'18E CCC-TC,&- - G' FD BRASS DISC
�N00'5025't 1,;9.3,0(TJ h'01'190�ESC.I"(1J LS 3275 IN cLz
`-NR972'47 it'1301.39' N8921591V 498.45' pa
ht?179Q5� 3.18'
475015�RJ5' ! _ W2247V 4J9.89_ _ N89'1041?Y 117581-w1
Jl 9" N8911471V 404.71 GRANT PUT
N8921'S11V 25M56' -M • ZDETV W IT 9f TAI Of PARM
BRASS DISC SET IN TOPJ/ ID BRASS EBAIUD ON'��J fD 8kASS DISC 'CITY OF--1Z1 a W
Of CONCRETE FAIRE BOX STAMPED $�o DISC IN WEL! BREN7WDOD, LS 5530'IN WELL I R
r80D, P 1954+8353'= PGC' E.B.M.U.D. 13 OR 156
.'8%07131Y 153.49(1) 0'10' _ I �
N8912',11?395.75' I
13148' 2001' -1000' 375.75' N822471V 108.,99'
M89'11471i
3 I hW50'15FJ9.J5' ; g 404.71' Id89'1l471V
/ 1800(IF)
� fD 1-112 7P W � o �'
N8705af'r01.89
m k HAIL, NO TAC 001' 0.54' o UBD. 7210 7
NaT50'25 10.24' N8705 041V 12 363 44(I� +� 1.4 40 -�
ROY NUI COR � DETAIL A` q � � 0 19
fD BRASS DISC
h0 SGILE g LS 3275 IN WfZL
N9923C5 W 639.90' N89'06 59 r 383.56'
CCCFC&WCD CCCO DWG. EO-511 9=14'4901'
---N8971'471V'1301.39' R=824.00'1=11J.
CCCFC&WCD CCCO DWG. ED-511 N75,g'p0
_—. 25.85 ToSa
18922511V 80612(TJ 62.,9 1J1.eg'
N89'11511V 1559,504 hf892251�►
118896' SQA ffTht OF PA141",Q
E.B.M.U.D. 17 OR 80 ON 580 J
�N9707Jj
/SNLS � N8922 081V 92317' 133.48'
S
DEVANEY fD 112'8RASS PIN
99-087229 IN CONC
Z
*1 N . 5 j
c= .12 t � �,�,
tN
ATF o �F°��
c 6. SEF LEGEND AND NOU ON.Sf/EFT 1
EXHIBIT W
PLOT TO ACCOMPANY LEGAL DESCRIPPON
GRANT STREET - fEE SIMPLE TITLE
ACROSS LANDS OF CCCUWCD (8248 OR 167 & 8266 OR 107
C17Y OF BRENIWOOD — CONTRA COSTA COUNTY — MUFORNIA
Planners — Engineers — Surveyors
t
4071 Pori Chicago Hwy., Suite 100 �AN ASSOCl4TESmors, tes Comcord CA 94520-1122 J10ma I Mil
Phone: (925) 674-9082
MILANI Fax: (925) 674-9279 LS 5JI1, EXP 12/31/07
AWCH 10 2006 SX[- 1'100' sf T 1 or 3-WETS
PJ,89'2,i 115'N c.'�90'
,
�- '22471Y 1J01.39'
--h'0011','1'IV 65..0!(P,E). — ` _ --
� ' N � �he.121921"I/EjT
EB.Ax,.U.D. 17 OR 95 71) _
N89'22527V 2558,�'�l-�l � � /
1269.61' NO017 f 08 E 34.99(TIE) l"��h'0375��J t J5.04 iT/EJ
/--N5,9
1189'225477 WI-ii' —�• -~IpD,13?'8F�(J /
! � / 105 15f
l5'("iifj
fD J/4'F,, NO TAC fD J/4'IP, NO TAC y9"
fD BRASS DISC SET IN TOP
•� `��-1x89'!5 59"�Y'IJ 29'
OF CONCRETE VALVE BOX STAMPED ,� ti �N82'10057t'0.84'
FRAm'.P 1980+41.79' v• h a
1-0-0 1-1/27P A TAC LS 3014
LAND
\� P08 PONT Or LYC1NNK
PX. POINT OrWUWfhMDVT .
No. 5311 I(-1( WNLIUENT TO IK,WLIZ(f f
EXP.12/31/07 Tow
\�\� ��`�\ K1/ ACYLS, J"CR tO
�F CAy\ NOTES
1. Mhff AND 06TH CES 57110M?V Nf W AFf W 83 CALIRO'NA CWMIT RYYU ZONE R 009 8£AR/hV.AND
XSTM0 011BPI r IMIAi'10"BY 1.XW62YJ496 TO 06TAN CYr17UND IYSTAMZ
2. RETfR TO CONTRA COSTA CCYW fUl~YC VW OR WK 7ZAX CONTRA ZONE 1, DW NO 0-511, 0470 2/75
J REJER To am DRmm loomi miEIXIG75 mff of,SAY, P STAIXA , Da 41954-71, 72& 7J MILT 10
AVIWY 1967
4 ffig TO RUM OF SURVEY 'CPS CLAM WNW, RS 2496'MT171 JOKE 2IX0(118 LW 40)
5. .MEET 3.SNS 7W PAM B'CRAM/N/75 DVI1Rt7Y. SEF 91UTS 1 2 FOR TIES TO WiVl(E U AND
AQKaWK PRp°f1B'>FS
EXHIBIT 'B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
GRANT STREET FEE SIMPLE TITLE
ACROSS LANDS OF C02W0 (8248 OR 167 & 8266 OR 107
CITY OF BRENTWOOD - CONTRA COSTA COUNTY - XFORN14 ,
Planners — Engineers — Surveyors
_ 4071 Pori Chicago Hwy., Suite 100
Concord CA 94520-1122
--- 2' k Associates Phone: (925) 674-9082 W K E Awl
MILANI Fax: (925) 674-9279 L55J11, EXP 12/Jl/07
MARCH 10 2006 SCALE.• 1 =1009E£EFT 2 Of J WDS
..1x241147 bra;'2JL024-45111x ii
0=14'49'01" CCCFC&WCD
01525.� (:R±00"=21j'0g' W2159w 498.45" 178'
hf�15015�J9�5' AU21'47V 419.89' GRANT STREET
6218 Af8TQ5OI V ?3/.89" (�
N89'Z?S?w
E.B.M.U.D. 17 OR BO E.B.M.U.D. 1.3 OR 756
Z �
O <
v Cj",
un
LEGEND
fD fWW
108 1OM`A7 Of g[Ch hW
ASC PoVM OFXADMDVT
11-11 XVkDVT 70 kMOff
(T1 70TAt
Xil- mss, WIT aW d-9
'L A D7 4
�1* No. 5311
EXP.12/31/07
EXHIBIT 'B'
PLAT TO ACCOMPANY LEW DESCRIPTION
GRANT STREET - FEE SIMPLE TIME
ACROSS LANDS OF CCCFOU0 (8248 OR 167 & 8266 OR 101)
CITY OF BRENTWOOD - CONN4 COSTA COUNTY - CALIFORNIA
Planners — Engineers — Surveyors
t 4071 Pori Chicago Hwy., Suite 100 fOR AN MWE
_ r Concord CA 94520—1 122 �� Y11AN1
•� k Associates phone: (925) 574-9082
MILANI Fax: (925) 674-9279 LS 5311, D?.. 121JI107
MRCH 10 2006 SCACE•• 1'100' 9ET J ar J-r95
EXHIBIT "A2"
March 10 2006 PUBLIC UTILITY EASEMENT
JOB NO. 230024-45 ACROSS THE LANDS OF CCCFC&WCD
LEGAL 6 (8248 OR 167 & 8266 OR 107)
EXHIBIT"A"
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF THOSE CERTAIN PARCELS OF LAND CONVEYED TO THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD) BY THE
INSTRUMENTS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY IN BOOK 8248 OF OFFICIAL RECORDS AT PAGE 167 AND IN BOOK 8266 OF OFFICIAL
RECORDS AT PAGE 107, SAID PARCELS BEING SHOWN AS PARCELS 741 AND 742 ON THAT
CERTAIN CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING ENTITLED "FLOOD
CONTROL ZONE 1, LINES E & E-1, VIC. LONE TREE WAY, SPRR, EBMUD, HWY 4 &ANDERSON
LANE, RIGHT OF WAY", DRAWING NO. ED-511, SHEET 4 OF 7, DATED FEBRUARY 1975,
DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT A BRASS DISC MONUMENT SET IN THE TOP OF A
CONCRETE VALVE BOX STAMPED"EBMUD, P 2954+83.53" SHOWN AND SO DESIGNATED AS
"MONUMENT 2052" ON THE RECORD OF SURVEY ENTITLED "GPS CONTROL NETWORK, RS
2496" FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY IN BOOK 118 OF LICENSED SURVEYORS'MAPS AT PAGE 40, SAID MONUMENT ALSO
BEING SHOWN ON SAID CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING
(ED-511), FROM WHICH A BRASS DISC MONUMENT SET IN THE TOP OF A CONCRETE VAULT
STAMPED "EBMUD P3007+60.30"SHOWN AND SO DESIGNATED AS"MONUMENT 2069" ON SAID
RECORD OF SURVEY (118 LSM 40) BEARS NORTH 89"22'49"WEST 5277-13 FEET, AND FROM
WHICH"MONUMENT 2052"A BRASS DISC MONUMENT SET IN THE TOP OF A CONCRETE VALVE
BOX STAMPED"EBMUD P 2980+41.79" BEARS NORTH 89°22'52" WEST 2558.58 FEET, AND
RUNNING THENCE NORTH 07"16'18" EAST 115.82 FEET TO AN ANGLE POINT IN SAID
CCCFC&WCD PARCEL (DRAWING NO. ED-511); THENCE, ALONG THE NORTHERN AND
WESTERN LINES THEREOF THE FOLLOWING TWO (2) COURSES: 1) SOUTH 89°23'05" EAST
445.46 FEET, AND 2) SOUTH 01"19'05"WEST 50.14 FEET TO A POINT ON THE NORTHERN LINE
OF GRANT STREET; THENCE, WESTERLY ALONG SAID NORTHERN LINE OF GRANT STREET
NORTH 89°22'47"WEST 439.89 FEET TO THE WESTERN LINE OF LONE OAK ROAD; THENCE,
SOUTHERLY ALONG SAID WESTERN LINE OF LONE OAK ROAD SOUTH 00"50225"WEST 39.35
FEET TO THE SOUTHERN LINE OF SAID CCCFC&WCD PARCEL, BEING ALSO THE NORTHERN
LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO EAST BAY MUNICIPAL UTILITY
DISTRICT (EBMUD) BY THE DOCUMENT RECORDED IN SAID OFFICE OF THE COUNTY
RECORDER IN BOOK 17 OF OFFICIAL RECORDS AT PAGE 80; THENCE, WESTERLY ALONG SAID
NORTHERN LINE OF SAID EBMUD PARCEL THE FOLLOWING TWO (2) COURSES: 1) NORTH
87°05'04"WEST 231.89 FEET, AND 2) NORTH 89''22'52" WEST 62.38 FEET, THENCE, LEAVING
SAID NORTHERN LINE OF SAID EBMUD PARCEL NORTH 75°49'00" EAST 25.85 FEET; THENCE,
NORTHEASTERLY ALONG THE ARC OF A TANGENT 824.00 FOOT RADIUS CURVE CONCAVE TO
THE SOUTHEAST HEREINAFTER REFERRED TO AS CURVE "A" THROUGH A CENTRAL ANGLE OF
Page l
03°52'04"AN ARC DISTANCE OF 55.62 FEET TO A POINT FROM WHICH A RADIAL BEARS SOUTH
10°18'56" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL OF LAND, THENCE, FROM SAID POINT OF BEGINNING, NON-TANGENT TO
THE LAST NAMED CURVE NORTH 89°21'59"WEST 625.08 FEET, THENCE, SOUTH 00°38'58"WEST
19.15 FEET TO A POINT THE HEREINABOVE NAMED SOUTHERN LINE OF SAID CCCFC&WCD
PARCELS, BEING ALSO THE NORTHERN LINE OF SAID EBMUD PARCEL, THENCE, WESTERLY
ALONG SAID SOUTHERN LINE OF SAID CCCFC&WCD PARCELS NORTH 89`22'52" WEST 20.00
FEET. THENCE, LEAVING SAID SOUTHERN LINE NORTH 00°38'58"EAST 30.08 FEET TO A POINT
ON THE NORTHERN LINE OF LOT 206 AS SAID LOT IS SHOWN AND SO DESIGNATED ON THE
MAP ENTITLED "SUBDIVISION NUMBER FIVE OF BRENTWOOD IRRIGATED FARMS AMENDED"
FILED FOR RECORD IN SAID OFFICE OF THE COUNTY RECORDER IN BOOK 17 OF MAPS AT
PAGE 372, THENCE, EASTERLY ALONG SAID NORTHERN LINE OF LOT 206 SOUTH 89`22147"
EAST 721.40 FEET TO A POINT ON THE NORTHEASTERLY EXTENSION OF THAT CERTAIN 824.00
FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST HEREINABOVE DESCRIBED AS CURVE
"A",THENCE, SOUTHWESTERLY ALONG SAID 824.00 FOOT RADIUS CURVE CONCAVE TO THE
SOUTHEAST, THE CENTER OF WHICH BEARS SOUTH 04°57'04" EAST, THROUGH A CENTRAL
ANGLE OF 05°21'52"AN ARC DISTANCE OF 77.15 FEET TOA POINT FROM WHICH A RADIAL
BEARS SOUTH 04°57'04" EAST, BEING THE POINT OF BEGINNING, AND CONTAINING 0.180
ACRES OF LAND, MORE OR LESS.
THE BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED UPON THE NORTH
AMERICAN DATUM OF 1983, CALIFORNIA COORDINATE SYSTEM,ZONE III. DISTANCES GIVEN IN
THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY DISTANCES GIVEN BY 1.00006293496 TO
OBTAIN GROUND DISTANCES.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
�_AyD UUA %
O X09 FOR MILANI &ASSOCIATES
Mr->iAU E►6t1.11N1 MICHAEL E. MILANI
exp. L.S. 5311
* JZ EXP. 12/31/07
Nn X911
4OF
Page 2_
09'0658 f 38356' 092,)
OSt44546" 09=0.231 fiC`f/-
:l- NOT16'18f CCCf^C&WCO fD MUS DISC
I !l581(7f) -� IrGC5015f 1393.r1'7,� NOl'1905`f 5019(T/ LS 3275 1N ALL
h'89'11977P 13811' 1
NGO'S075 E 30.,;5'-::1 N89 2241 1'4J9,89 _ N89?0 41?3 1 ' "
h'8T0504�y 11/89' I' - N89'22 47'#404.71' GRANT STREET ti 27. M
N892252V 25S8.�9;t1-Y - �„ ITAK W fD BRQ£S DISC CITY Of D
D 9?455 DISC SET TN TOP_,/ n fO BRASS BMW l
Of CONCRETE SAL 1 F 80X STAUPEL1 +d DISC Ih'WLZ1 BRENTWCJOD, 15 5510'IN#M
fBMUO P 2954*8353'= PX E B.M.U.J. 13 OR 156
ti8T07;.13"�' 25349'1) 0 20
233x8' N89i'?4J7Y395.75'
-ZCtOr1' 375 IS' -
t�.01 N89:247 99' a
N89'?241W �,
N00'S0'1S f 39.35' o o !0471" N99'21477Y
fD 1-1/17P
N9705b41Y 2800pf1 a
W &>t-1 NO IAC 13189' ?001' 054'
NG�t'5025E 024 U80. X210=''
fROM TRUE COR X1870504 ry 252.44 jT1 363 M 4Q 78,
v9FT�I j g fD BRASS DISC
SC dtE 2 LS 3275 IN KU
9-W21 V R=82f A7 L=17.15
h8973CS W 639.90" N99'0638 f mi,56,
CCCEC&RICO CCCD DING, ED-51 1 0=OT520Wr�=B290O 1=55.67' � p �
---N8922 471t`130139Ir - --
(MRI[
4' �\����
a - �922"VIr 721.40
.91.18
20.00' N87'OS(7e"
N89'225le N89.2252V 80612(71 ^� � -+--
N897251)Y 255858 1-M �18tI ACf/ N j' . " 131.89'
15-
A 128896'
7 OR 40
t,,yyo N87`C%;TTS
g� s�AL N892?08 if' 813.17(11 23348'
DEQ✓ANEY f71 1/2'GRASS PIN
� 99-081229 IN COW
2'Z 47 o
Nn Fs11
4ti�t- w
OF
SE LE MO ASND AKITES 6W SMELT 2
EXHIBIT 'B'
PIAT TO ACCOMPANY LE041 OESCRIPPION
PUBLIC IffloY XINI T
ACROSS LOOS Of XMCM0 (8248 OR 167 & 8266 OR 10)
Cl1Y Of 9REVTX'000 - CONTRA COSTA COUNTY - W-ORM
Planners — Engineers — Surveyors
+ 4071 Pori Chicago Hwy., Suite 100
_ Concord CA 94520-1122 foR AW �1�
k Associates Phone: (925) 674-9082 M�"fi4E1 � l
MILANI fax: (925) 674-9279 LS 5311 aP.. 121JI107
WH 10 2006 SCALE 1=100 & T 1 Of'2 XITS
2jX241"C.11(Ff�71XUil-l5jfflASJ
IXI JV
E.B.M.U.D. t7 OR 95 1l8'J?5B?Y?51.79'~ ' — Z..71,hE)
116972'-VV U°06 i1
NR9'17511Y 25.�958',N-M R, —./ 1 _ .
1169.61'
04''/I/EN00'J7 ORE J4 99�DEJ15. \--�— T—
i16�'1Ob53Y 1JB31 7 /s h'i9QJ46L
N89''2��1t 1271.31" p \ / IGS I (rE)
�IV J14'IP, NO TAC lD J14 /P NO TAC ?1779'
ID 8R45S DISC SET IN TOP a �'�NR9'1539w 1119"
OF CONCRETE Y'AL if 8OX STAMPED
E9,KQ P MN41.79' h e? h 4 N81'10051f 064
�—fD 1-1/2]P k TAC 151014
kND ,Up LEGEND
fD MD
°9 f08 POrNT OF ffigANK
IecwEL E MILAN Pec PUNT 01DOM E11DVT
Tow
NO °s++ � Kil- ACRES, JODT OR 0Z
OF C
NOTES
1. MOM'S AND i%7NA S SfbNN HMN ARE W 8J Wf W QM'WE S15'TEII ZGW£6l M MAU AND
ASTM0 IQ PRP XTWET SfK)N!V BY I XX62RY96 TO OBTAIN ME Db7AAC9
7. IM TO CAM 07A CA'W P!!B',C Mtb01'S MJNW }ZO CAYlhlx ZONE I' OMC AV 0-511, DAI D 1/15
1 REFER TO EBWD MM W'ENNE AOUf WIS ROfT OF IYAr, P SUM,' O#ff 41954-71, 72 fi 7J 047ID 10
AM?(
4 kTD? TO RICO OF SURD WSS CGWThYX M7M V,, RS 2496'04U JUNE 29X(119151140)
EXHIBIT 'B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
PUBLIC UTICA}' EASEMENT
ACROSS !.ANDS OF CCCFMG (8248 OR 167 k 8266 OR 107)
CITY OF 807KOD — CONTRA COSTA COUNTY — CkJFORNIA
Plonners — Engineers — Surveyors
or 4071 Pori Chicago Hwy., Suite 100 �fWW11/1 &AWX7U
Concord CA 94520-1122
--�'�k Associates Phone: (925) 674-9082 I1L'(Q E 111
MILANI Fax: (925) 674-9279 LS 011, SP. 121JI107
MARCH 10 2006 SCALE 1'100' 99T 2 T 2 REE75
IM241;Q 12(W 2JX24-431 6
March 10, 2006 EXHIBIT "A3" WATER LINE EASEMENT
JOB NO. 230024-45 ACROSS THE LANDS OF CCCFC&WCD
LEGAL 4 (8248 OR 167 & 8266 OR 107)
EXHIBIT"A"
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF THOSE CERTAIN PARCELS OF LAND CONVEYED TO THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (CCCFC&WCD) BY THE
DOCUMENTS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY IN BOOK 8248 OF OFFICIAL RECORDS AT PAGE 167 AND IN BOOK 8266 OF OFFICIAL
RECORDS AT PAGE 107, SAID PARCELS BEING SHOWN AS PARCELS 741 AND 742 ON THAT
CERTAIN CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING ENTITLED"FLOOD
CONTROL ZONE 1, LINES E & E-1, VIC. LONE TREE WAY, SPRR, EBMUD, HWY 4 & ANDERSON
LANE, RIGHT OF WAY", DRAWING NO. ED-511, SHEET 4 OF 7, DATED FEBRUARY 1975,
DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT A BRASS DISC MONUMENT SET IN THE TOP OF A
CONCRETE VALVE BOX STAMPED "EBMUD, P 2954+83.53" SHOWN AND SO DESIGNATED AS
"MONUMENT 2052"ON THE RECORD OF SURVEY ENTITLED "GPS CONTROL NETWORK, RS
2496" FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA
COUNTY IN BOOK 118 OF LICENSED SURVEYORS' MAPS AT PAGE 40, SAID MONUMENT ALSO
BEING SHOWN ON SAID CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING
(ED-511), FROM WHICH A BRASS DISC MONUMENT SET IN THE TOP OF A CONCRETE VAULT
STAMPED "EBMUD P 3007+60.30" SHOWN AND SO DESIGNATED AS "MONUMENT 2069"ON SAID
RECORD OF SURVEY (118 LSM 40) BEARS NORTH 89°22'49" WEST 5277.13 FEET, AND FROM
WHICH"MONUMENT 2052"A BRASS DISC MONUMENT SET IN THE TOP OF A CONCRETE VALVE
BOX STAMPED "EBMUD P 2980+41.79" BEARS NORTH 89°22'52"WEST 2558.58 FEET, AND
RUNNING THENCE NORTH 0716'18" EAST 115.82 FEET TO AN ANGLE POINT IN SAID
CCCFC&WCD PARCEL (DRAWING NO. ED-511), THENCE, ALONG THE NORTHERN AND
WESTERN LINES THEREOF THE FOLLOWING TWO (2)COURSES 1) SOUTH 89° 23'05" EAST
445.46 FEET, AND 2) SOUTH 01°19'05" WEST 50.14 FEET TO A POINT ON THE NORTHERN LINE
OF GRANT STREET; THENCE, WESTERLY ALONG SAID NORTHERN LINE OF GRANT STREET
NORTH 89"22'47"WEST 439.89 FEET TO THE WESTERN LINE OF LONE OAK ROAD., THENCE,
SOUTHERLY ALONG SAID WESTERN LINE OF LONE OAK ROAD SOUTH 00'50'251,WEST 39.35
FEET TO THE SOUTHERN LINE OF SAID CCCFC&WCD PARCEL, BEING ALSO THE NORTHERN
LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO EAST BAY MUNICIPAL UTILITY
DISTRICT (EBMUD)BY THE DOCUMENT RECORDED IN SAID OFFICE OF THE COUNTY
RECORDER IN BOOK 17 OF OFFICIAL RECORDS AT PAGE 80, THENCE, WESTERLY ALONG SAID
NORTHERN LINE OF SAID EBMUD PARCEL THE FOLLOWING TWO (2) COURSES: 1) NORTH
Page I
87°05'04"WEST 231.89 FEET, AND 2) NORTH 89°22'52"WEST 62.38 FEET TO THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE, FROM SAID POINT OF
BEGINNING, LEAVING SAID NORTHERN LINE OF SAID EBMUD PARCEL NORTH 75`49'00" EAST
25:85 FEET, THENCE, NORTHEASTERLY ALONG THE ARC OF A TANGENT 824.00 FOOT RADIUS
CURVE CONCAVE TO THE SOUTHEAST THROUGH A CENTRAL ANGLE OF 03`52'04" AN ARC
DISTANCE OF 55.62 FEET TO A POINT FROM WHICH A RADIAL BEARS SOUTH 10` 18'56" EAST;
THENCE, NON-TANGENT TO THE LAST NAMED CURVE NORTH 89`21'59"WEST 625.08 FEET.-
THENCE,
EET;THENCE, SOUTH 00°38'58"WEST 19.15 FEET TO A POINT ON THE HEREINABOVE NAMED
SOUTHERN LINE OF SAID CCCFC&WCD PARCELS; THENCE, EASTERLY ALONG SAID SOUTHERN
LINE SOUTH 89°22'52" EAST 545.89' TO THE POINT OF BEGINNING AND CONTAINING 0.255
ACRES OF LAND, MORE OR LESS.
THE BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED UPON THE NORTH
AMERICAN DATUM OF 1983, CALIFORNIA COORDINATE SYSTEM, ZONE III. DISTANCES GIVEN IN
THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY DISTANCES GIVEN BY 1.00006293496 TO
OBTAIN GROUND DISTANCES.
ALL AS SHOWN ON EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF.
END OF DESCRIPTION
<: FOR MILANI & ASSOCIATES
14 MICHAEL E. MILANI
,;• Exp.�Z�/-u7 L.S. 5311
`f EXP. 12/31/07
Page 2
i
I
W89'06 58 E 3d;.5b� N89.?10 445 45 40=0.01 ACfl
rrOT16'l8E 115.b1'(�t) CCCFC&U✓CD FD 9WS DISC
001.39' NOU5015'E IJ9.30�J) NOl'191�5 C 50!4(IJ LS 3275 IN WELL
r �
NBy:�47^N 0..89
' o
_ N89""20411Y 111.581�-M
167M4,Y 73;.gg' I N897247V 404.71— GRANT SNE T
N89'22521Y 15M..30-4l Gl7M A' fD BRASS DISC CITY OF O
F—DBRASS DISC Sf1 IN TOP]/ oDISCIBAIUD BRENTWXD, LS SSJO'IN WELL I�"
OF CONCRETE VALVE BOX STUPID
CBAW,, P 19548J53'= PX E.B.M.U.D. 13 OR 156
V70711 7r 253 49'
--- N89.22471Y]95.75' '
233 48'
20.01' 37575' h'891'47 1Y 10899'
N8922 471Y
3 � NG0'S075 E 39.LS' � g 404.II' N89'22 4.71Y ;"
mfD 1-112V W/ 23.00'(,rlf) M
h AWL, NO TAG I rJ8T05114 if Z 1.89' 1001' 054'•
�!18D. 7210
�u N003015�0.24 O N8 ONlY 25744(1] h = 363 M 40 0
fRW TRUE COR DETAl1 '4• a 28'
1 fD BRASS DISC
hn,SLE LS J275 IN Cl •
+� N89'7305"J' 639.90' _ N8.9'0658I 38j 56"
CCC FC&WCG CCCO DWC. ED-511 O=OY52'04'R=814.00'L=55.62'
AW71591Y 625.09' h'29'22521Y 6738_ 1
19185' r�T05 X411
,r
AW2252 Ir545.69 49'p0 � 231.89"
N99''22571Y2559.58' -,W N8972321Y806.12(1,� X85
1188.96' AE4--0155 ACf/-
E.B.M.U.D. 17 OR 80
N8''01 JJ
..D fi» 0972081V 82317(1) 2..I]48'
DE✓ANEY f 1/1'BRASS PIN
o.
n, y 1
99-08 7229 /N COW
� {r Exp. 'crj .cl
Nn `311 _
°';. .:%✓� SEF LEGEND AND NOTES 6W 91ET 2
EXHIBIT 'B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
WATER UNE EASEMENT
ACROSS LANDS OF CCCF00 (8248 OR 167 & 8266 OR 107)
CITY OF NENIIN009 - CONTRA COSTA COUNTY - C, FORNA
Planners - Engineers - Surveyors0. _
'u 4071 Port Chicago Hwy., Suite 100 I fOR Awl d ASSA^64TT3'
— -0 &Associates Concord ca 9x520-1122 MW E AVI
Phone: (925) 674-9062
MILANI Fax: (925) 674-9279 LSSJ11, DF 12/31/07
AWCN 10 2006 SALE' 1'100 9ET I X 2 SHEETS
?JX24110,10(ray a�cn *-�s,cresr.�l
r-- - 1?'I601PPN_CB79 �
17 OR 95
�•– N89'11'S2k' 2558.�"M-M � �� /
T 1269.61' J
NOJISJJf J5.04''rl� #00•1708734.99(TIC)
(TIF ) R?•JC03�'?✓'ea � /tel✓19�J6 f
1189'22 54'W 1271.JJ'
fD J/4"IP, NO TAC f0 J/4"1P, NO TAC
fD BRASS DISC SIT 111 TDP —N89'15''9"W 1'29'
OF CONCRETE Ykif B0X STAMPED N82•10051�•C84'
f8MU9, P 2980f41.79' '4. U,O
�,,w- fD 1-1/27P k TAC 15 3014
(,r4 IAVD�U�, LEGEND
POR POWT OF BEgAWK
fA CK&ZL E_IS;Lw PX PW arca&EIiI p f
* tr>�./l• /�7 M-Y MONUMENT TO MUMN
M TDTA(
Nn 911 ACf/- ANU,, IKh4E AQ LESS
T i
NOTES
1. XMW ANO DGAhtZ SINN RRION ARE KID 83 C F0W CGIUMTE S13a AWE Al GW ffA✓AU ANO
bUTWES MfVIPLY DEMO S1KH1W BY 1.0006652"96 TO 08TAN MND ASWES
1. ffig TO X19R4 WSTA X'INTY MC NGIflYS'A4MMlhb^ 710GW Gt7N/Rtx DE 1; DNC N0. 0-511, MW 2/75
J k7D?TO LWV DRUM 110AUUMNEA01'EMTS Wff AF IYAY, P STATKW ', X's 4195-0-71, 11 k 7J 94U 10
dIM,NRY 1961.
4 R9N TO T3=AV-SURD 'GPS CONTRCX CM RS 2496 INTER JUNE 1009(118 LW 40)
EXHIBIT 'B'
PLAT TO ACCOMPANY LfOk DESCRIPPON
WATER UNE EASEMENT
ACROSS LANDS OF CCCfUWCD (8248 OR 161 & 6266 OR 101)
C11Y OF BRENTWOOD CONTR4 COSTA COUNTY - CCFORN14
Planners — Engineers — Surveyors
d- 4071 Port Chicago Hwy., Suite 100 fOR ML01 ASS"ff Y
Concord CA 94520-1122
--�` & Aseocisles Phone: (925) 674-9082 Wqc E AM
MILANI Fax: (925) 674-9279 6 5111, EXP. 12/31/07
W011 10 2006 5W. 1"100' SIE7 2 Of 2.S fff
'A.241, 10(FOR 2JO024 45 icctc4J