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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-517 i THE BOARD OF SUPERVISORS,AS THE GOVERNING,BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,CALIFORNIA Adopted this Resolution on September 28, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKF:MA, GREENBERG, I}ESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.20041517 Deerings Water Code,Uncodified Acts Act 1656 § 31 West's Water Code, Appendix 64-31 Government Code § 25525.6 SUBJECT: ADOPT Resolution.No. 2004/ 517approving the conveyance of an easement across Contra Costa County Flood Control and Water Conservation District's property to the Diablo Water District,in connection with Subdivision 6963, Marsh Creek. [County File# 3048-87] Oakley Area. District V Project No.7584-6D8304 The Board of Supervisors as the Governing Body of the Centra Costa County Flood Control and. Water Conservation District RESOLVES THAT: On June 15, 1993,the Board of Supervisors approved the Negative Declaration for this project indicating that preparation of an Environmental Impact Report was not required. Contra Costa County Flood.Control and Water Conservation District acquired certain real property by deed recorder!on November 6, 1964,in Book 4738 at page 474,in the Oakley area. Diablo Water District has requested an easement over a portion of said property,described in Exhibit"A"and shown on Exhibit`B"attached hereto,for the purpose of installing,operating and maintaining a waterline facility for Subdivision 6963, This Beard FINDS that the conveyance of such easement is in the public interest and will not substantially conflict or interfere with the District's use of the property. This Board hereby APPROVES and AUTHORIZES the conveyance of said easement to Diablo Water District over the property described in Exhibit"A"and shown on Exhibit"B"attached hereto,pursuant to the above- referenced statutory authorities and the Chair,Board of Supervisors,is hereby AUTHORIZED to execute a Grant of Easement on behalf ofthe District in consideration for the payment received in full in the amount of$1,000.00. The Real Property Division is DIRECTED to cause said Grant of Easement to be delivered to the grantee. LLL:eh G:1GrpDam\RealProp12044-Files\B4s&REs1BR.27A.DWD.doc !hereby certify that this is a true and correct Orig.Dept.: Public Works(RIP) copy of an action taken and entered on the Contact: L.Lucy Owens (313-2229) minutes of the Board of Supervisors on the cc: Public Works Accounting date shown. Public Works Records ATTESTED. SEPTEMBER 28, 2004 Grantee(via RIP) JOHN SWEETEN,clerk of the Board of CommunityyDevelopment Dept. � Recorder DRIP) Supervisors and Counly Administrator $y Deputy RESOLUTION NO. 2004/ 517 ....... . Water Line Easement over Marsh Creek (C.C.C.F.C. & W.C.D.) EXHIBIT A Real property situated in the City of Oakley, Contra Costa County, State of California described as fellows: Portion of the Parcel of land described in the deed to Contra Costa Flood Controland-Water Conservation District (C.C.C.F.C. & W.C.D.) recorded in Book 4738 of Official Records at page 474, being a 20.00 foot wide strip of land measured 10.00 feet on a right angle on each side of a center line which is described as follows. Commencing at the southern corner of parcel Two of subdivision 8650 recorded July 24`x', 2002 in Book 445 of Maps at page 11, thence along the southwestern line of said parcel two, said line also being the easterly line of the aforementioned (C.C.C.F.C. & W.C.D.) parcel, said point also being on an arc having a radius of 557.00 feet the center of which bears south 56°25'36" west; thence along said easterly line of said parcel an arc distance of 39.73 feet, through a central angle of 04'05'12" to the Point of Beginning; thence from said point of beginning leaving said line south 52'20'10" west along the radial of said arc 114.00 feet to a point on the westerly line of said parcel. The side lines of said easement shall be lengthened or shortened to terminate at the east and west lines of said parcel respectively. Containing an area of 2,280 square feet more or less. Exhibit "B" (plat map) attached and by this reference made a part hereof. This real property description:has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. + Signature: M �co /LQ I S. Nashashibi R.C.E. 2952$ ,�r t NO.SM M Date: 2, t✓ J tk EV.*31-07 CN C ...... rk t PARCE€.. TWO 445 M 11 R=557.00 L=138.91 (T) t ©=14'17'1 9'(T) t'71 ♦ tt7 tom) ? Q 11 It t + CL 20.0' WIDE WATER lz o LME EASEMENT PARCEL. s ,f '�'` .:. -- ---- ------- No*me — ——————————— ———————\ 11 CM PARCEL 0 ► r- �,� 58 PM 46 t kill EXHIBIT B 5th WATER LINE EASEMENT BY IL N. lal PH (MMUMS-MMO PAX( OVER MARSH CREEK JOB NO. 98146 -APP-28-2003 TUE 03:08 Phi . ,Y CALIFC X, 4RVIRONME NAL a-jAL1 `. 1-T-.' NOTICI�pf DETERMINATIqN!, CCINTRAJ�A*A C MMUNITY DEVELOPMENT DEPAR ;& T � 851 PINE STREET � 1'H wtNG MARTINEZ, CALIFORl�i, 4 -� Teleph-JAA44©S) 646.2031 Contact Person: Art Berso vt Ja Project Description. Common Name (if any) and Location; y��-��_��)y��[�� IL 3 C's_Devco fA, o icant) - Robert D #lev 1t wnerl, County File # 2736-RZ: The applica req eats approval to rezone 35.9 acres from the Heavy Agricultural District (o-3) to the Planned Unit District (P-1). County File #3048-87: The applicant requests approval of a Final Development Plan for 237 single family residences, a tot lot, parking spaces and a portion of a 3=6 acre (2.2 acres) detention basinlpark site. County Pile # 6963: The applicant requests approval of a Tentative Map for 237 single family residences along with other uses. The subject property for the above referenced application fronts on the south side of Laurel Road immediately east of the Marsh Creek Flood Control Channel and south and southeast of the development known as Quail Valley Estates. The site also fronts on the southwesterly side of the AT&SF Railroad tracks. (Parcel # 033-030.036 and 033.150-412) {CT 3020) (ZA.H-26) (A-3) The project was approved on ,,, iz --g 15.- I Si L Pursuant to the provisions of the California Environmental Quality Act: tt-- An Environmental Impact Report was prepared and certified ISCH # ). Tpl aepProejde avvas encompassed by an Env Si�.nm#ejtal Impact Report previously A Negative Declaration was issued indicating that preparation of an Environmental impact Report was not required. Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Community Development Department. I The Project will not have a significant environmental effect, The Project will have a significant environmental effect. Mitigation measures were made a condition of approval of the project. A statement of overriding considerations was adopted. Findings were adopted pursuant to Section 1 '091 of the State CEQA Guidelines. Date:_ 9 , By: .' . --_- ? Community Developsment Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California PubiiC Resources Code Section 21 1521cl� Said notice wilt remain posted for 30 days from the filing date. Signature Title Applicant's Department of Fish and Game Fees Due: Name: 3 C's OEvC0 EIR - $850 Total Due: S Address:1 Cls Alta Haciendas 1( Neg. Dec. - $1,250 Total Paid: $ Orinda, CA 94563 DeMinimis Findings - 40 X I County Clerk • $25 Receipt !r: Recorded at the request of: Diablo Water District After recording return to Diablo Water District P.O. Box 127 Coakley, CA94561 Attention: Linda Lilly A portion of Marsh Creek GRANT OF EASEMENT For Mood and valuable consideration, including but not limited to the agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA COUNTY' FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, (hereinafter "DISTRICT"), hereby grants to the DIABLO WATER DISTRICT, a public utility (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 a waterline through a steel sleeve,the top of which is at elevation 9.5-feet and appurtenances thereto, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situated in the County of'Contra Costa, State of California, described as follows: FOR DESCRIPTION AND PLAT MAF', SEE ATTACHED EXHIBITS "A" AND "8+1 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 the conveyance of storm water and flood protection, GRANTEE acknowledges and agrees that the use just described constitutes the primary use of the Property and that any and all rights granted or implied by this Grant of Easement are secondary and subordinate to the primary use of the Property by the DISTRICT, its successors and assigns. GRANTEE shall not, at any time, use or permit the public to use the easement area in any manner that will interfere with or impair the DISTRICT's primary use of the Property. GRANTEE shall not fence said easement without the prior written approval of the DISTRICT, and shall remove any fencing when requested by DISTRICT to do so. GRANTEE shall not otherwise obstruct the easement area. 2. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the Property and agrees never to assail or resist said title. 3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) GRANTEE shall, prior to any construction, reconstruction, remodeling, excavation, installation or plantings within the easement area, submit a request for a Flood Control permit together with specific plans and specifications and applicable permit fees 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.. 04-07%EA.17PA_sub6963.2rsv 8l02104rev (b). GRANTEE shall provide 2 working days notice to the DISTRICT's Maintenance Division prior to commencing normal maintenance of its facilities within the easement area, including inspection and cleaning of existing pipelines,that require surface access to or use of the easement. GRANTEE shall notify the DISTRICT within 24 hours of initiation of emergency work within the easement area. GRANTEE shall perform maintenance of itsfacilities so as to prevent damage to the site. 4. MODIFICATION, RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES: DISTRICT reserves the right to require GRANTEE at GRANTEE's sole expense 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 and be relocated within Marsh Creek at a location designated by the DISTRICT which will be conveyed as an easement. 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. Notwithstanding the foregoing provision, DISTRICT agrees to provide GRANTEE with copies of its plans which require GRANTEE to relocate its facilities and GRANTEE shall have thirty (30) days after receipt to propose an alternative plan to DISTRICT which would not require GRANTEE's facilities to be relocated. DISTRICT, at its sale discretion, may choose to construct the GRANTEE's alternative plan. However, in the event DISTRICT's cost to construct GRANTEE's proposed alternative is more expensive than DISTRICT's original plan, GRANTEE shall pay DISTRICT any such excess cast prior to construction. 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. 04-07eA.17PA_MAM63.2rev WOZ04rev 2 8. DAMAGE TO GRANTEE"S FACILITIES: DISTRICT shall have no responsibility for the protection, maintenance, damage to, or removal of GRANTEE's facilities, appurtenances or improvements,caused by or resulting from DISTRICT's use of the Property or work or operation thereon. It shall be the sole responsibility of the GRANTEE to provide and maintain adequate protection and surface markings for its own facilities. Subject to the foregoing, If GRANTEE's properly marked, protected and maintained facilities are damaged by the scale, 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 dost 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 CONDI'TI'ON 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 04-07NEA.t 7PA_sub6M.2r*v W02104rev 3 consequential, directly or indirectly contributed to or caused by the granting of this easement , GRANTEE's operations,acts or omissions pursuant to this easement,or the GRANTEE's use of the easement, save and except Liabilities arising through the sole negligence or sole willful misconduct of the DISTRICT, its officers or employees. GRANTEE acknowledges that Property subject to this easement is in a flood control area. GRANTEE agrees that GRANTEE shall never have, claim or assert any right or action against DISTRICT or the County of Contra Costa in the event of damage to or disruption of GRANTEE's facilities caused or contributed to byflooding 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 Properly for the intended use contemplatedherein, 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 mariner 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 ether 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 04-07\EA.S 7PA_sab6963.2MV 8f02)04rev 4 fees), penalties, damages,consequential damages and losses,and costs(including but not limited to the costs of any required or necessary testing, remediation, repair, removal, cleanup or detoxification of the Property and surrounding properties and from and against the preparation of any cleanup, remediation, closure or ether required plana 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 casts, 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 atGRANTEE'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 DISTRI'CT'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 04"dEA.17PA-sub6983.2rev 8102104Tev 5 grant of easement and agree that any nate of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this grant of easement. 15. SUCCESSQRS,AND ASSIM4S,- 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 28th day of SEER 0200-4 . CONTRA COSTA COUNTY FLOOD GRANTEE(S) DIABLO WATER CONTROL&WATER CONSERVATIONDISTRICT DISTRICT 'e j./ By By Ghat , Boar of Supervisors APPROVED AS TO FORM Title t by County Counsel July, 1999 BY Title STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA ) On 09/28/04 before me, allDA SHARP Deputtyy'Clerk of the Board of Supervisors,Contra Costa personally appeared FEDERAL GLOM , who is personally. known to me (car proved to me on the basis of satisfactory'evidence) to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s),' or the entity upon behalf of which the person(s) acted'executed the instrument. By. eputy Clerk 04-07\EA.17PA_sub6M 2tev 8/02/04rev ......__... ........... ............................................................... . ......... . a Water Line Easement over Marsh Creek (C.C.C.F.C. & W.C.D.) EXHIBIT A. Real property situated in the City of Oakley, Conga Costa County, State of California described as follows: Portion of the Parcel of land described in the deed to Contra Costa Flood Control and-Water Conservation District (C.C.C.F.C. & W.C.D.) recorded in Book 4738 of Official Records at page 474, being a 20.00 foot wide strip of land measured 10.00 feet on a right angle on each side of a center line which is described as follows: Commencing at the southern comer of parcel Two of subdivision 8650 recorded July 24h, 2002 in Book 445 of Maps at page 11, thence along the southwestern line of said parcel two, said line also being the easterly line of the aforementioned (C.C.C.F.C. & W.C.D.) parcel, said point also being on an arc having a radius of 557.00 feet the center of which bears south 56°25'36" west; thence along said easterly line of said parcel an arc distance of 39.73 feet, through a central angle of 04105'12"' to the Point of Beginning, thence from said point of beginning leaving said line south 52'20'10" west along the radial of said arc 114.00 feet to a point on the westerly line of said:. parcel. The side lines of said easement shall be lengthened or shortened to terminate at the east and west lines of said parcel respectively. Containing an area of 2,284 square feet more or less. Exhibit "B" (plat map) attached and by this reference made a part hereof. This real property description has been prepared by me or under my direction, in conformancewith the Professional Land Surveyors Act. Signature: /U I S. Nashashibi R.C.E. 29628 Date: to..a n M t i t PARCEL TWO 445 M 11 � t t R=557.00 '►, �' A-14.17'19'M rn ! co �u z '�,,�� `^���� �� gyp• W � # p 110w CL 20.0 WIDE WATER UNE EASEMENT :,:% PARCEL S 83 PM .8 No. * Ev.0341-07 .—___. ...__ ...__ _.—___—_.._ ..._.. � ,PARCEL b 1 58 PM 46 i EXHIBIT B SCALE rte• ' � ■ WATER LINE SAT /ter/0 EASEMENT BY IL N. 1091 m AM t+AEJ4YtI'lx, ca ass w taxa? zea-aoao rax t++ ) x -sera OVER MARSH CREEK Jt38 No. 98146 ............. ......................... ......,............. TO: BOARD OF SUPERVISORS, as the Governing Body of The Contra Costa County Flood Control and Water Conservation District California FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR DATE: September 28,2004 SUBJECT: ADOPT Resolution approving the conveyance of an easement across Contra Costa County Flood Control and Water Conservation District's (District) property to Diablo Water District (DWD) in connection with Subdivision 6963 over Marsh Creek, Flood Control Permit 608-03. [County File # 3048-87]. Oakley area. District V. Project No.7584-6D8304 SPECIFIC REQUEST(S)OR RECOMMEND IONS)&BACK OR.OUND AND JUSTIFIC771'rN I. Recommended Action: A. ADOPT Resolution approving the conveyance of an easement across District's property to Diablo Water District in connection with Subdivision 6963 over Marsh Creek. B. APPROVE and AUTHORIZE the conveyance of said easement to Diablo Water District, pursuant to Government Code§25526.6. C. AUTHORIZE the Chair, Board of Supervisors, to execute a Grant of Easement on behalf of the District. 11. Fiscal LMRa : In consideration for the conveyance of the Grant of Easement to Diablo Water District the Contra Costa County Flood Control and Water Conservation District has received payment in the amount of $1,000.00, for property rights required for this project. Revenue from this project will be deposited into Drainage Area 52D funds. M. Reasons for Recommendations and Background These property rights are required for public use for waterline purposes, in accordance with approved plans and specifications. The Board of Supervisors previously adopted the Negative Declaration for Subdivision 6963 in 1993. TV. Consequences of Negative Action- Water service to Subdivision 6963 will not be available if the Flood Control District does not convey a waterline easement to th Diablo Water District. Continued on Attwhment:— SIGNATURE: —RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,APPROVE OTHER SIGNATURE(S) ACTION OFAGTON — APPROVED ASRECOMMENDEDXX OTHER VOTE OF COMMISSIONERS xx- UNANIMOUS(ABSENT. NOM I hereby car*that this Is a true and correct AYES: NOES- copy of an action taken and entered on the ABSENT. ABSTAIN: minutes of the Redevelopment Agency on the date shown. LLO:eh G:1GtpData\RralProp\2004-FilestBOS&RES\BOdiablowarterEasernent.doe ATTESTED: SEP' ER 28, 2004 Orig.Div: Public Works(R/P) JOHN SWEETEN,Agency Secretary Contact: L.Lucy Owens(313-2229) cc: County Administrator Real Property By Deputy