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HomeMy WebLinkAbout03.h. Execute Stormwater Management Facilities Operations and Maintenance Agreement with City of Walnut Creek re CSO FacilityCentral Contra Costa Sanitary District, ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 6, 2012 Subject: ADOPT A RESOLUTION AUTHORIZING THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE SECRETARY OF THE DISTRICT TO EXECUTE A STORMWATER MANAGEMENT FACILITIES OPERATIONS AND MAINTENANCE AGREEMENT WITH THE CITY OF WALNUT CREEK RELATED TO THE COLLECTION SYSTEMS OPERATIONS FACILITY, 1250 SPRINGBROOK ROAD, WALNUT CREEK, AND RECORDING OF THE DOCUMENT Submitted By: Initiating Dept. /Div.: Rick Hernandez, Senior Right of Way Agent Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: / '11 R. Hernandez M. Penny J. iyamoto -Mills K. Alm Ann E. arrell General Manager ISSUE: A resolution of the Board of Directors is required for approval of agreements relating to real property that are to be recorded. RECOMMENDATION: Approve the Stormwater Management Facilities Operations and Maintenance Agreement (Agreement) for the Collection System Operations (CSO) Facility. FINANCIAL IMPACTS: There will be nominal yearly stormwater facilities maintenance costs. ALTERNATIVES /CONSIDERATIONS: This Agreement was required as a condition of building permit approval for the new CSO Facility. BACKGROUND: To meet the obligations of its NPDES Stormwater Discharge Permit, the City of Walnut Creek (City), required the District to construct and maintain onsite stormwater drainage facilities that meet the City's design criteria as part of the building permit conditions for the new CSO Facility. To ensure proper operation and maintenance of these facilities, the City also required that the District enter into an agreement entitled "Covenant Running with the Land, Stormwater Management Facilities Operation and Maintenance Agreement, and Right of Entry" with the City. The Agreement will be recorded with the County Recorder so as to become a covenant running with the land. The facilities consist of engineered landscaped retention swales that collect and filter storm run off water before it enters the City's storm drain system. The Agreement requires the District to perform annual inspections of the facilities and submit annual inspection reports to the City of Walnut Creek. Additionally, the District is required to paint, clean, maintain, refinish, repair, replace and reconstruct the facilities if needed. N: \ENVRSEC \Position Papers \Hernandez R\2012 \12- 6 -12 \PP CSO Stormwater Agreement 12 -6 -12 Final.doc Page 1 of 2 POSITION PAPER Board Meeting Date: December 6, 2012 Subject: ADOPT A RESOLUTION AUTHORIZING THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE SECRETARY OF THE DISTRICT TO EXECUTE A STORMWATER MANAGEMENT FACILITIES OPERATIONS AND MAINTENANCE AGREEMENT WITH THE CITY OF WALNUT CREEK RELATED TO THE COLLECTION SYSTEMS OPERATIONS FACILITY, 1250 SPRINGBROOK ROAD, WALNUT CREEK, AND RECORDING OF THE DOCUMENT In the case of landscaping — replace plants and mulch, irrigate, trim, mow, and fertilize the required landscaping. The agreement also grants the City the right to inspect the facilities whenever they deem necessary to enforce provisions of the Agreement. The subject facilities are onsite stormwater run off improvements owned by the District. City -owned or public stormwater facilities are specifically excluded in the Agreement. RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the President of Board of Directors and the Secretary of the District to execute a "Covenant Running with the Land, Stormwater Management Facilities Operation and Maintenance Agreement, and Right of Entry" with the City of Walnut Creek; and recording of the Agreement with the County Recorder. N: \ENVRSEC \Position Papers \Hernandez R\2012 \12- 6 -12 \PP CSO Stormwater Agreement 12 -6 -12 Final.doc Page 2 of 2 RESOLUTION NO. 2012 -XXX A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT APPROVING A "COVENANT RUNNING WITH THE LAND, STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, AND RIGHT OF ENTRY" WITH THE CITY OF WALNUT CREEK DISTRICT PROPERTY — CSO PROPERTY, 1250 SPRING BROOK ROAD, WALNUT CREEK (APN 177 - 270 -030) NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (District) as follows: THAT the District hereby approves the "Covenant Running with the Land, Stormwater Management Facilities Operation and Maintenance Agreement, and Right of Entry" with the City of Walnut Creek, District Property — CSO Campus, 1250 Springbrook Road, Walnut Creek, (APN 177 - 270 -030); and THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute said document for and on behalf of the Central Contra Costa Sanitary District; and THAT staff is authorized to record said agreement in the Office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 6th day of December, 2012, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District Recording Requested By: CITY OF WALNUT CREEK Return to: CITY OF WALNUT CREEK City Engineer 1666 N. Main Street Walnut Creek, CA 94596 Document Title CITY OF WALNUT CREEK COVENANT RUNNING WITH THE LAND, STORMWATER MANAGEMENT FACILITY OPERATIONS AND MAINTENANCE AGREEMENT, AND RIGHT OF ENTRY (Single Parcel) PROJECT: _1250 Suringbrook Road, Walnut Creek OWNERS NAMES: Central Contra Costa Sanitary District ASSESSOR'S PARCEL NUMBER: COVENANT RUNNING WITH THE LAND, STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, AND RIGHT OF ENTRY This Covenant Running with the Land, Stormwater Management Facilities Operation and Maintenance Agreement and Right of Entry ( "Agreement ") is made and entered into this day of , 20_, by and between Central Contra Costa Sanitary District (CCCSD) (hereinafter referred to as "Property Owner ") and The City of Walnut Creek, a municipal corporation ( "City "). The following terms used in this Agreement shall have the meanings specified below: DEFINITIONS Maintain: The term "Maintain" or "Maintained" shall mean taking all actions reasonably necessary to keep the Stormwater Facility in first class operation, condition and repair, which actions include but are not limited to regular inspections, painting, cleaning, maintenance, refinishing, repairing, replacing and reconstructing the Stormwater Facility, and in the case of landscaping, plant replacement, mulch replacement, irrigating, trimming, mowing, and fertilizing the landscaping. The term shall also include the routine maintenance, and the annual inspection and reporting described in the Stormwater Control Operation and Maintenance Plan, and the payment of any applicable City fees. NPDES Permit: The term "NPDES Permit" shall mean the San Francisco Bay Regional Water Quality Control Board's National Pollutant Discharge Elimination System (NPDES) Permit No. CAS0029912 (issued to the City of Walnut Creek) as amended, and as may be superseded by subsequent NPDES permits that are reissued from time to time. Ordinance: The term "Ordinance" shall mean Chapter 16 of Title 6 of the City of Walnut Creek Municipal Code ( Stormwater Management and Discharge Control), as may be amended from time to time. Property Owner: The term "Property Owner and "Property Owners" shall mean CCCSD and all heirs, successors, executors, administrators and assigns of CCCSD in the Property, it being the intent of the parties hereto that the obligations undertaken in this Agreement, as provided in Civil Code section 1468, run with the Property described in Exhibit A and constitute a lien against the Property. Property: The term "Property" shall mean that certain real property located at 1250 Springbrook Road , and more particularly described in Exhibit A which is attached hereto and hereby incorporated herein by reference. Plan: The term "Plan" or "Operation and Maintenance Plan" means the City- approved Stormwater Control Operation and Maintenance Plan prepared by CCCSD and approved by the City Engineer in writing, which may be subsequently modified from time to time with City Engineer's written approval. Stormwater Facility: The term "Stormwater Facility" means the permanent stormwater management facilities located and constructed by Property Owner on the Property and excludes public drainage systems not owned or maintained by Property Owner. RECITALS This Agreement is made and entered into with reference to the following facts: A. The Property Owner is the owner of the real property more particularly described on the attached Exhibit A. B. The City is the owner of Springbrook Road and its storm drains that are adjacent to the Property, and the City is required to ensure that stormwater run -off from the Property into its storm drains meets the requirements of its NPDES Permit. C. To meet its obligations under its .NPDES Permit the City has required the Property Owner to construct the Stormwater Facility on the Property. D. To meet its obligations under its NPDES Permit the City has approved the Property Owner's Operation and Maintenance Plan for the Stormwater Facility. E. To meet its obligations under its NPDES Permit the. City's Ordinance requires proper operation and maintenance in perpetuity of the Stormwater Facility constructed on the Property. F. The Plan includes an annual inspection and reporting requirement for the Stormwater Facility constructed on the Property. G. This Agreement memorializes the Property Owner's maintenance, operations, and inspection obligations under the City's Ordinance, the City's NPDES Permit and the Plan. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: SECTION 1 Responsibility for Operation and Maintenance: No portion of the Stormwater Facility may be altered, in any way, by the Property Owner without the prior written consent of the City Engineer of the City of Walnut Creek. The Property Owner shall Maintain the Stormwater Facility in first class operating condition, and in compliance with all applicable state, county and city laws and regulations. Applicable regulations include, but are not limited to, the City- approved Stormwater Control Operation and Maintenance Plan, and the provisions of the Ordinance, as they may be amended from time to time. The Property Owner shall engage a landscape contractor or other licensed contractor to Maintain the Stormwater Facility. The City Engineer, in her or his sole absolute discretion, may approve an alternate method for the maintenance of the Stormwater Facility. The City Engineer, also in her or his sole absolute discretion, may revoke the approval of a previously approved alternate method for the maintenance of the Stormwater Facility. SECTION 2 Inspection by Property Owner: The Property Owner shall cause its contractor to conduct annual inspections during the month of August of each year. The annual inspection report shall include completion of the checklist described in the approved Operation and Maintenance Plan. The Property Owner or its contractor must submit the inspection report to the City Engineer within 30 days after the annual inspection. A Management and/or Inspection fee established in the City's standard fee schedule shall accompany the annual inspection report. SECTION 3 Right of Entry and Stormwater Facility Inspection by the City: The Property Owner hereby grants permission to the City, its authorized agents and employees, and the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board to enter the portion of the Property where the Stormwater Facility is located, and to inspect the Stormwater Facility whenever any of the forgoing entities deems necessary to enforce provisions of the City's Ordinance. These entities may enter the premises at any reasonable time to inspect the Stormwater Facility's maintenance and operation, to inspect and copy records related to compliance with stormwater regulations, and to collect samples and take measurements. Whenever possible, these entities will provide notice prior to entry. SECTION 4 Failure to Perform Required Stormwater Facility Repairs or Maintenance by the Property Owner: If the Property Owner or its successors fails to Maintain the Stormwater Facility in good working order and in accordance with the approved Plan and the City's Ordinance, the City, with prior notice, may enter the Property to return the Stormwater Facility to good working order. The City is under no obligation to Maintain or repair the Stormwater Facility, and this Agreement may not be construed to impose any such obligation on the City. If the City, under this section takes any action to return the Stormwater Facility to good working order, the Property Owner shall reimburse the City for all the costs incurred by the City, including administrative costs. The City will provide the Property Owner with an itemized invoice of the City's costs and the Property Owner will have 30 days to pay the invoice. If the Property Owner fails to pay the invoice within 30 days, the City may secure a lien against the real property of the Property Owner in the amount of such costs. In addition the City may make the cost of abatement of the nuisance caused by the failure to maintain the Stormwater Facility a special assessment against the Property that may be collected at the same time and in the same manner 4 as ordinary municipal taxes are collected as provided in Government Code section 38773.5. This Section 4 does not prohibit the City from pursuing other legal recourse against the Property Owner. SECTION 5 Indemnity: The Property Owner agrees to defend, indemnify and holds harmless the City, its officials, employees and its authorized agents from any and all damages, accidents, casualties, occurrences, claims, liability, actions causes of actions, demands, penalties or fines whatsoever against any of them and which are in any way connected with the construction, operation, presence, existence or maintenance of the Stormwater Facility by the Property Owner, or from any injury, including death, or property damage that may result from the City or other public entities entering the Property under Section 3 or 4. SECTION 6 Successors and Assigns: The covenants of the Property Owner set forth in numbered Sections 1 through 5 above shall run with the land, and the burdens thereof shall be binding upon each and every part of the Property and upon the Property Owner, its successors and assigns in ownership (or any interest therein), for the benefit of Springbrook Road and its storm drains and each and every part thereof and said covenants shall inure to the benefit of and be enforceable by the City, its successors and assigns in ownership of each and every part of the Street and storm drains. (Continued on Next Page) 5 SECTION 7 Severability: Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect. Recommended for approval: City Engineer Reviewed by: City Attorney Property Owners: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District Approved as to form: Kenton L. Alm Counsel for the District Attachments: Acknowledgements Exhibit A City of Walnut Creek: Public Services Director Attest: City Clerk Elaine R. Boehme Secretary of the District Central Contra Costa Sanitary District Attach Acknowledgements to this Document rel State of California ) S.S. County of ) .AM Date personally appeared before me, , NOTARY PUBLIC Name and Title of Office (e.g., "Jane Doe, Notary Public ") 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 forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (SEAL) ATTENTION NOTARY: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remove and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title or type of document Number of pages: Date of document:. Signer(s) other than named above: CAPACITY CLAIMED BY SIGNER: Individual(s) Corporate Officer(s) Titles Partner(s) Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: and Limited General 7 State of California S.S. County of On , before me, Date NOTARY PUBLIC Name and Title of Office (e.g., "Jane Doe, Notary Public ") personally appeared 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 forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (SEAL) ATTENTION NOTARY: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remove and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title or type of document Number of pages: Date of document: _ Signer(s) other than named above: CAPACITY CLAIMED BY SIGNER: Individual(s) Corporate Officer(s) Titles Partner(s) Limited Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: 8 and General State of California County of On Date personally appeared S.S. before me, , NOTARY PUBLIC Name and Title of Office (e.g., "Jane Doe, Notary Public ") 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 forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (SEAL) ATTENTION NOTARY: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remove and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title or type of document Number of pages: Date of document: Signer(s) other than named above: CAPACITY CLAIMED BY SIGNER: Individual(s) Corporate Officer(s) Titles Partner(s) Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: and Limited General 0 State of California S.S. County of On , before me, Date NOTARY PUBLIC Name and Title of Office (e.g., "Jane Doe, Notary Public ") personally appeared 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 forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (SEAL) ATTENTION NOTARY: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remove and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title or type of document Number of pages: Date of document:. Signer(s) other than named above: CAPACITY CLAIMED BY SIGNER: Individual(s) Corporate Officer(s) Titles Partner(s) Limited Attorney -in -Fact Trustee(s) Guardian/Conservator Other : Signer is representing: 10 and General THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE EXHIBIT A Legal description SEE ATTACHED LEGAL DESCRIPTION AND PLAT Recording Requested By: CITY OF WALNUT CREEK Return to: CITY OF WALNUT CREEK City Clerk P.O. Box 8039 Walnut Creek, CA 94596 CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk- Recorder DOC— 2009 - 0072374 -00 Friday, APR 03, 2009 15:21:09 MOD E6.00fREC $10.00;FTC $5.00 RED $1.0C ' Tt 1 Pd $22-00 Nbr- 0000086036 rrc /R9 /1 -6 Central Contra Costa Sanitary District Collection Systems Operations Facility NOTICE OF INTENTION TO DETERMINE STATUS HEARING AND NOTICE WAIVER NOTICE OF MERGER LL -08 -004 NOTICE OF INTENTION TO DETERMINE STATUS - HEARING AND NOTICE WAIVER NOTICE OF MERGER LL -08 -004 Assessor's Parcel Numbers: 177- 270 -027, 177 - 270 -028, 177 - 270 -029 Address: 1250 Springbrook Rd Owner: Central Contra Costa Sanitary District Owner's Representative: ✓TF P tA A 01F P Representative'sPosition: 6!�,OG18rF, 11�EE�2 Representative Signature: I, Steve Waymire, as City Engineer of the City of Walnut Creek, Contra Costa County, State of California, do hereby approve the merger of the above parcels as shown on Exhibit "A" attached. I also state that this merger conforms to the requirements of the State Subdivision Map Act Section 66451 and Title 10, Chapter 1, Article 10 of the Walnut Creek Municipal Code (Subdivision Ordinance). 41)�- l I �, DA E ATTACH ACKNOWLEDGMENT 1.uy v► yr MUM %-L VVK ACKNOWLEDGMENT State of California County of Cfyij:�-ek. Cv 5,-b- ) On ( O-x -C_k 01 before me, personally appeared Kathleen West, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is /are subscribed to the within instrument and acknowledged to me that fie /sheftiaey executed the same in his /herft air authorized capacity(ies), and that by bis /her /their signature(-&) 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 and official seal. rr^^ KATHLEEN ES r^ VJ NOTARY POLIC•CALWORNM N SANTA' U CO31 Mr CouN. Ex P. JutY 11, 7 2008 r Signatur (Seal) PARCEL MERGER REAL PROPERTY in the city of Walnut Creek, county of Contra Costa, state of California described as follows: Parcel A as shown upon the Record of Survey filed on December 17, 1996 in Book 109 of Licensed Surveyors Maps at page 42, Contra Costa County records (109 LSM 42). TOGETHER WITH: Parcel B as shown upon herein above referenced Record of Survey (109 LSM 42) EXCEPTING THEREFROM those portions shown upon herein above referenced Record of Survey (109 LSM 42) as State Dept. of Transportation R/W by Amended Agreement for Possession and Use between State and C.C.C.S.D. dated July 13, 1993 Series No. 93- 185526. TOGETHER WITH: Parcel C as shown upon herein above referenced Record of Survey (109 LSM 42). CREATING ONE PARCEL CONTAINING 4.74 ACRES, MORE OR LESS Reviewed by: _ D A-V cr c Acting City Surveyor �SQ C ; LI BETH ��Ct�RL70N p 0.5265 N E"P 1 �Q 2 OF � D S pR SA ma=y U,N,yo ioo < OF per,\ --\,! AD -- IN - 1" = 100' j LEGEND 40 1.5" IRON PIPE & 'CENSAN' TAG ♦ RAILROAD SPIKE STAMPED 'CENSAN' X NAIL & 'CENSAN' TAG — LOT LINE TO BE DELETED / / / / / //A NO ABUTTERS RIGHTS I I I I N10 °30'20 W I 19.96' PLAT MAP FOR C.C.C.S.D. LOT MERGER DRIVEWAY ESMT 11333 OR 652 14337 OR 791 I� ILn I� IZ ' 0 I I� �) 20. II 1 R•20' 0 35 °52 L- 12.52' CAMINO DIABLO �1 4 t26 $ 49 / PARCELS PARCEL B 51 N / / 109 LSM 42 A- 24597.17" PG &E ESMT ( CCCSD L- 533.70' 598 OR 110 / SERIES NO. 1316° S89 °19 '00 "W / N 96- 155513) 23.37' / APN 177 - 270-028 o6 °y5 N6� PARCEL C PG &E ESMT LOT LINE TO BE DELETED 109 LSM 42 ( CCCSD 3535 OR 241 �(/ / ,mss. 6�0 N51 °28'01 "E 45.61' SERIES NO. 96-165514) / (CCCSD APN 177- 270 -029 SERIES NO. p- EBMUD ESMT / 89 33'37 "W 127.62'(T) � 578 OR 162 � � _^,�C�� / 123.96' A� APN 177- 270-027 (.744 ACRES NEW AREA 26.32' 521 °15'23 "E�52.84' /rO5�� Q �q� LOT LINE TO BE DELETED X66 -` \1 c,6 C/L ESMT. TO ��5'` / GREAT WESTERN POWER CO. 137 -0-198 �1 4 t26 $ 49 / PARCELS PARCEL B 51 N / / 109 LSM 42 A- 24597.17" PG &E ESMT ( CCCSD L- 533.70' 598 OR 110 / SERIES NO. S89 °19 '00 "W / N 96- 155513) 23.37' / APN 177 - 270-028 / PARCEL A LOT LINE TO BE DELETED / 109 LSM 42 n Q (CCCSD SERIES NO. 96-155512) APN 177- 270-027 N83 °01'18 "E x 38.00' j � Q �q� m \� A' PARCEL A cf 4 N R•1259' G •8 °24'11" L- 184.65' Gj LAND S A. F.L CHARLTON y f C No. 5265 El :p. 08 �� YT O� o� FOF CA��F �J The following easements affect said property: 1. EBMUD pipeline easement (578 O.R. 162) 2. PG &E pole line easement (598 O.R. 110) 3. PG &E tower line easement (3535 O.R. 241) 4. Access easement (11333 O.R. 652 and 14337 O.R. 791) 33'37 "W 3.66' QL�-D- 1 • ALL-PURPOSE ACKN• • State of California County of On 1,54 ?11e / before me, e / ?Z�i) kE V• Date `` Here InsertNarne and Title of the O 7 er personally appeared ,5f -eve y W • Narne(s) of Signer(s) CanWAd••lon # 1 lio"hdac • cCwwft CM60 Codo Coufrft A*Cortm. Er+in••Ff•425.201 who proved to me on the basis of satisfactory evidence to be the person(Wwhose nameW is�aresubscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/herAheir authorized capacityog), and that by his /ho0beir signatureK on the instrument the person(s" or the entity upon behalf of which the perso%K 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 and official seal. Signature Place Notary Seal Above Signa ure of Nota ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing R*HT THU1A9PRlr�T OF SIGNER Top of thumb here Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): r • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing BIGHTTHUMBPRIr,G'i OF SIGNER Top of thumb here tJ •n 'US'+!�L' / 'y�•.v..�q;:'a /<'✓ 'tii'b�.� 'y SS'ari-U '.�1: \L 'U 'N ✓ @ /�J • ✓4'rii•H�.�er 'ei4�y 'vi•eii� ✓_ S'rL •ri -y:'• ✓:'ry5'ci:'eiGCr�4'L '✓ Li.'L,�SL 11 1�- • •1 •1 :11: �1i� i �� D��►;iV�c�i �