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HomeMy WebLinkAbout10. Accept a grant of easement re: Pleasant Hill Relief Interceptor, DP 4985 Page 1 of 40 Item 10. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: MAY 6, 2021 SUBJECT: ADOPT RESOLUTION NO. 2021-022 ACCEPTING A GRANT OF EASEMENT FOR SAN ITARYSEWERAND RECYCLED WATER FACILITIES FROM THE CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT RELATED TO THE PLEASANT HILL RELIEF INTERCEPTOR, DISTRICT PROJECT 4985, AND AUTHORIZE STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER SUBMITTED BY: INITIATING DEPARTMENT: DANA LAWSON, SENIOR ENGINEER ENG-PDS-DIVISION MANAGER REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE A resolution of the Board of Directors (Board) is required to accept a grant of easement that conveys real property interest to Central San. BACKGROUND Pleasant Hill Relief Interceptor project was a multi-year phased project that installed a major sewer interceptor line and extended recycled water infrastructure within the Central San system. The work was conducted under various capital projects, with the Flood Control District (FCD)first phases commencing May 6, 2021 Regular Board Meeting Agenda Packet- Page 49 of 239 Page 2 of 40 in 1994. The alignment for the interceptor includes public right-of-way, FCD property, and easements obtained from property owners who granted easements to FCD. Central San was required to provide a $60,000 cash bond with Contra Costa County(County)for these Pleasant Hill Relief Interceptor projects and was kept in place until all of the right-of-way was obtained and agreements completed. Phases 1 and 2 (District Project (DP)4879) installed the sewer interceptor and recycled water lines from the treatment plant to Chilpancingo Parkway. The alignment routed across Grayson Creek channel, across Highway 4, along Marsh Drive through the Buchanan Field Golf Course, and along Contra Costa Boulevard to Chilpancingo Parkway. Phase 3 (DP 5031) continued installation of the sewer interceptor and recycled water lines along Grayson Creek channel from Chilpancingo Parkway to Taylor Boulevard. I n 1998, the County's right-of-way manager was in agreement to execute the grant of easement for Phases 1, 2, and 3; however, Central San began design for Phase 4 (DP 5170), so the cash bond was left in place. In 2003, Phase 4 (DP 5170) continued installation of the sewer interceptor under Grayson Channel and the recycled water line in Ruth Drive from Taylor Boulevard to Ardith Drive, along the FCD channel to Gregory Lane, across Sequoia Elementary School, down Boyd Road to Patterson Boulevard. I n 2006, Phase 5 (DP 5659) continued installation of the sewer interceptor and recycled water lines from Boyd Road down Patterson Boulevard to Oak Park Boulevard in Pleasant Hill. I n 2009, Phase 2A (DP 5980) installed the 96-inch interceptor from the northwest corner of Buchanan Field Golf Course to intersection of Meridian Park Boulevard and Galaxy Way, the 72-inch interceptor from intersection to west bank of Walnut Creek, and twin 48-inch interceptors across Walnut Creek to former City of Concord Pumping Station, flow metering pit and bypass at the pumping station. The cash bond had been left in place through Phase 2A. However, as staffing changed between both agencies, the grant of easement language was re-evaluated with the A-Line project through Buchanan Golf Course, and discussions returned regarding ajoint use agreement where easements were shared on private property by both FCD and Central San, which delayed agreement and execution of the grant of easement. An administrative project, DP 4985, was used to manage the easement acquisition for the Pleasant Hill Relief Interceptor since it spanned multiple projects. In May of 2020, Central San and FCD reached agreement on the language of the grant of easement. FCD staff took the grant of easement to their Board for authorization on March 2, 2021. With their execution, Central San's Board is now being asked to accept the grant of easement. ALTERNATIVES/CONSIDERATIONS The Board could decline to accept the grant of easement. This alternative is not recommended since Central San would not have the land rights necessary to reconstruct, maintain, or operate the public sanitary sewers and recycled water distribution mains that were installed by Central San within FCD properties. FINANCIAL IMPACTS Central San was required to deposit a $60,000 cash bond with the County, which will be released with execution of the grant of easement. Additionally, Central San has paid approximately$150,000 to Contra Costa County Public Works for staff fees working on the right-of-way. May 6, 2021 Regular Board Meeting Agenda Packet- Page 50 of 239 Page 3 of 40 COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on April 12, 2021 and recommended approval. RECOMMENDED BOARD ACTION Adopt the proposed resolution accepting a grant of easement from Contra Costa County Flood Control District as related to the Pleasant Hill Relief Interceptor, District Project 4985. Strategic Plan re-In GOAL FIVE: Infrastructure Reliability Strategy 1—Manage assets optimally to prolong their useful life ATTACHMENTS: 1. Map of Project Phases 2. Map of Easement Locations 3. Proposed Resolution 4. County Authorization of Easement May 6, 2021 Regular Board Meeting Agenda Packet- Page 51 of 239 ATTkMMv!1r 1 Pleasant Hill Relief Interceptor Project History Map Date:11/20/2020 AdchP �`� P"o\61�NaYstri C° Martinez a 06 Concord Pasant Hill Detail Area a v WalruA',reek Lafayette --- Martinez Moraga Danville' I i i t O Sheet ti San Ramon Phases 1 &2 N S Concord Ave � Lhilp�c Sheet-2 °9° Phase 2AL—f w ply a aS5 R d 0 Sheet 3 Concord Phase 3 �OweiiRd d 9� d36 �o d C w n 0 Pleasant Hill Sheet 4 �J O Phase 4 Treatment Plant Gregory Ln Q Detail Sheet Q District Boundary oyd Rd Project Number X4879 - Phases 1 &2 I Sheet 5 • X5980 - Phase 2A Phase 5 <ea`� X5031 - Phase 3 Park Blvd � X5170 - Phase 4 e Walnut Creek z �a X5659 - Phase 5 a 0 0.25 0.5 Sheet Note:Central San data as of October,2020. This map is intended for project reference purposes only. Miles Reference May 6, 2021 Regular Board Meeting Agenda Packet- Page 52 of 239 Page 5 of 40 Pleasant Hill Relief Interceptor Project History Map Date:11/20/2020 m c � _ JL1gOFf AA rye/ T�, _ 680 Martinez s TEMPLE CR �a RILEY AR `,�P AJ ARIA 012 N CARO LOS AR A1LP7E WAY 18pG 0A1f1AY 2 I,lO BILE OR 620 E-EUNVA OR JJ 7 SAHARA p^� � ALGtEl75. z u SDA OR '.Oi 877.- 9AR z %a E.. a Y PA%'l p�0 -+ -ANJANO C`. 1ST AVL U �7 EY G1 r clQ ' OR 110 AVE'S NG ON S N V y r0- yDGYiOGO DR J:O C Treatment Plant ;f f�. 0 District Boundary Pleasant Hill Project Number X4879 - Phases 1 &2 X5980 - Phase 2A I X5031 - Phase 3 0 475 950 Sheet Note:Central San data as of October,2020. This map is intended for project reference purposes only. Feet 1 of 5 May 6, 2021 Regular Board Meeting Agenda Packet- Page 53 of 239 Page 6 of 40 Pleasant Hill Relief Interceptor Project History Map Date:11/20/2020 Cic` v Concord F V T, 9 r� 4� Q District Boundary Project Number - X4879 - Phases 1 &2 X5980 - Phase 2A o zao eso Sheet Note:Central San data as of October,2020. This map is intended for project reference purposes only. Feet 2 of 5 May 6, 2021 Regular Board Meeting Agenda Packet- Page 54 of 239 Page 7 of 40 Pleasant Hill Relief Interceptor Project History Map Date:11/20/2020 c I� N a v, r L] :U GOLt :LUG RD u - a x; C-80 DUKE CIR :7 0 :o Pleasant Hill �1SKt;�t3 �R r; G 8pY LOP.ti''1' Z., G N G Y Cn A — Cl -C x 0 r 0 District Boundary Project Number X4879 - Phases 1 &2 a;Aato c� X5031 - Phase 3 to X5170 - Phase 4 r f o zao eso Sheet Note:Central San data as of October,2020. This map is intended for project reference purposes only. Feet 3 of 5 May 6, 2021 Regular Board Meeting Agenda Packet- Page 55 of 239 Page 8 of 40 Pleasant Hill Relief Interceptor Project History Map Date:11/20/2020 OR Q�vo p m A r l+ � cp HARRIET DR I:LL' D'! ADRIA DR Las Junta ZV O Park _,_..'. . A1A7CINE OR e,.t11`f1000 DR E '. LI'TLE LN - 3 v C, Q P..';. BEVERLY DR r> - 7 JENNIE DR O z _ v SYLVIA DR U 0.0 L LUELLA DR BF.St RN DR Pleasant Hill 1r.A5SOO g[t Cp KATHLEEN DR CYNTHIA DR _ OSBORN LN n O KS Gr''RD GLORIA DR DR OF, `� .oG BELVA LN MARGIE DR LORENZO DR NAZEL DR 4 1£D' DORIS DR KATHRYN DR DA14'N DR � w o 0 w ;r ESTOVER DR i _ VI IAN DR E VIVIAN OR •1 Q LIAZIE DR C ELIA DR PHYLIS DR ANELDA DR F'Ia.3sant Hill Park G[-1....1 tl 1J C17 LN a J GREGORY LN m o O _ w Z > O 0 District Boundary Project Number X5031 - Phase 3 X5170 - Phase 4 X5659 - Phase 5 o aoo soo Sheet Note:Central San data as of October,2020. This map is intended for project reference purposes only. Feet 4 of 5 May 6, 2021 Regular Board Meeting Agenda Packet- Page 56 of 239 Page 9 of 40 Pleasant Hill Relief Interceptor Project History Map Date:11/20/2020 I IA R D't 1.1CY.r35 ':• 1 G? 4p Z C' OAK'vUE c, 4 ;o 0 M BEATRICE RD RO BERTA AVE Pleasant Hill 11AWTHORNE DR O ✓,► Pleasant r� 4� Oaks Park :OLUNS UR M V UCER DR m 4 ��RSARA RD S A��P h Q District Boundary Project Number X5170 - Phase 4 OAK PARK E3 LV0 X5659 - Phase 5 0 200 400 Sheet Note:Central San data as of October,2020. This map is intended for project reference purposes only. Feet 5 of 5 May 6, 2021 Regular Board Meeting Agenda Packet- Page 57 of 239 ATTACMjN3NT Pacheco Creekside Park Center Ave L n 0 O� a ill 2nd Ave 5 (\Walnut Creek GS Con r'nda Lafayette Buchanan °• cord Ave Shadow Fields Golf Moraga Park Course °� a anvilYg b��sdale� ��e �ot�ett Ave ota San Ramon <� 0 4 Area 1> �0. � ��c�n90 �'o w , Miles ploy 6�G 0 0 a Waterworld California Costa Area 2 Club Chilpan o The Veranda Pa o +261 ft v � n 0 L Willows aso Nogal Rd Shopping C Center P asoj Sunvalley OC Shopping Center .8- I Viking or 3 Z � m u o Alan < T r Blvd \ Harriet Dr "— 242 Evelyn Dr Adria Dr Las Juntas Park Ilene Dr P o Area -3 - a Beverly Dr Jennie Dr 0 Sylvia D Lue � / 1 v Kathleen Dr Cynt Pleasant Hill Relief Interceptor J Gloria or Do Sewer Main Belva Ln Margie Pleasant Hill Relief Interceptor _ o Hazel Dor Recycled Water Main a Kathry Proposed Easement Purchase o .� Viviall of ,,t ►I CENTRALSAN Pleasant Hill Relief Interceptor 0 750 1,500 . Flood Control Right of Way N Feet May 6, 2021 Regular Board Meeting Agenda Packet- Page 58 of 239 Page 11 of 40 IL _ r _ I ON r Y Sfti �. vs ti J ! V.4 # . # * u a - .40 Pleasant Hill Relief Interceptor - Sewer Main Pleasant Hill Relief Interceptor Recycled Water Main 47 Proposed Easement Purchase ' - �,, 1 CENTRAL SAN Pleasant Hill Relief Interceptor 0 120 240 Flood Control Right of Way - Area 1 N Feet May 6, 2021 Regular Board Meeting Agenda Packet- Page 59 of 239 Page 12 of 40 r sir. A- .74 r ' s - F w_l 5 Ilk M rr • Farr i OLD * Pleasant Hill Relief Interceptor Sewer Main Pleasant Hill Relief Interceptor Recycled Water Main Proposed Easement Purchase CENTRALSAN Pleasant Hill Relief Interceptor 0 30 60 Flood Control Right of Way - Area 2 N Feet May 6, 2021 Regular Board Meeting Agenda Packet- Page 60 of 239 Page 13 of 40 I - JIL t, Pleasant Hill Relief Interceptor Sewer Main Pleasant Hill Relief Interceptor Recycled Water Main : r Proposed Easement Purchase CENTRAL SAN Pleasant Hill Relief Interceptor 0 50 100 Flood Control Right of Way - Area 3 N Feet May 6, 2021 Regular Board Meeting Agenda Packet- Page 61 of 239 Page 14 of 40 ATTACHMENT 3 RESOLUTION NO. 2021-022 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF EASEMENT AS RELATED TO THE PLEASANT HILL RELIEF INTERCEPTOR, DISTRICT PROJECT 4985 BE IT RESOLVED by the Board of Directors of Central Contra Costa Sanitary District (Central San) as follows: THAT Central San hereby accepts the easement as stated in a Grant of Easement, which is more specifically referred to as "Grant of Easement for Portions of Grayson Creek Channel and APN 153-161-001, Job No. 4985 - Parcels 10, 11 , 12A, 12B, and 33"; and THAT staff is authorized to record the grant of easement and this resolution with the Contra Costa County Recorder. PASSED AND ADOPTED this 6th day of May, 2021 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young 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 May 6, 2021 Regular Board Meeting Agenda Packet- Page 62 of 239 ATTA ENT04 C.4 Contra To: Board of Supervisors ` Costa From: Brian M.Balbas,Public Works Director/Chief Engineer County Date: March 2,2021 Subject: Convey a Grant of Easement to Central Contra Costa Sanitary District for the Central San Interceptor/Recycled Water Facilities Project,Pleasant Hill RECOMMENDATION( As the governing body of the Contra Costa County Flood Control and Water Conservation District (District), APPROVE the conveyance of a Grant of Easement to Central Contra Costa Sanitary District (CCCSD) and AUTHORIZE the Chair, Board of Supervisors,to execute on behalf of the District,the Grant of Easement pursuant to Government Code Section 25526.6 and FCD Act, Section 31. FIND 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. DETERMINE that the Project is not subject to the California Environmental Quality Act(CEQA)pursuant to Categorical Exemption Article 5, Section 15061 (b) (3) of the CEQA Guidelines, and DIRECT the Director of the Department of Conservation and Development(DCD)to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Public Works Director, or designee,to arrange for payment of the $50 fee to the County Clerk for filing the Notice of Exemption, and a$25 fee to DCD for processing the Notice of Exemption. ❑✓ APPROVE OTHER 0 RECOMMENDATION OF CNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE 'Action of Board On: 03/02/2021 ❑V APPROVED AS RECOMMENDED R OTHER Clerks Notes: VOTE OF SUPERVISORS AYE: John Gioia,District I Supervisor Candace Andersen,District 11 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Supervisor Board of Supervisors on the date shown. Diane Burgis,District III Supervisor ATTESTED: March 2,2021 Karen Mitchoff,District IV Supervisor Monica Nino,County Administrator and Clof Board of Supervisors Federal D.Glover,District V Supervisor By: Stacey M�Boy eputy Contact: Jessica Dillingham,925. 957-2453 40 cc: May 6, 2021 Regular Board Meeting Agenda Packet- Page 63 of 239 Page 16 of 40 RECOMMENDATION(S): (CONTDI DIRECT the Real Estate Division of the Public Works Department to have the above referenced Grant of Easement delivered to the CCCSD for acceptance and recording in the Office of the County Clerk-Recorder. Project No. WL083A(9800629) FISCAL IMPACT 100%Land Development Permit Fees. BACKGROUND: In the late 1990's CCCSD began installation of the Pleasant Hill Relief Interceptor(Central San Interceptor) and Recycled Water Facilities Project under a"Permit for Use of District Right of Way," Permits No. 603-95 and 629-98, in connection with such construction. Special Provision No. 35 included in Permit No. 629-98 requires the execution of the necessary easement documents for CCCSD to have permanent land rights to maintain the facilities post-construction before the permit is closed and the required cash bonds are released. Recently the District and CCCSD have agreed to the easement language and have completed action items necessary for the easements to be granted. The easements will allow CCCSD maintenance access onto District property where CCCSD has constructed the Central San Interceptor/Recycled Water facilities. The northernmost grants of easement begin along Grayson Creek from approximately 370 feet east of Scottsdale Road and cover select locations to approximately 270 feet north of Golf Club Road. The southernmost grant of easement is located at the confluence of the main Grayson Creek channel and the East Branch of Grayson Creek from approximately 110 feet south of Harriet Drive to Ardith Drive. CONSEQUENCE OF NEGATIVE ACTION: CCCSD will not have the necessary permanent rights for maintenance and access to the facilities installed. ATTACHMENTS CEQA Grant of Easement May 6, 2021 Regular Board Meeting Agenda Packet- Page 64 of 239 Page 17 of 40 Recorded at the request of: CENTRAL CONTRA COSTA SANITARY DISTRICT After recording return to: CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE MARTINEZ, CA 94553-4392 EXEMPT FROM RECORDING FEES PUriS ANTTO GOY'T.CODE 5ECTIpN 27383 AND DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922. Portions of Grayson Creek Channel DP 4985—Parcels 10, 11,12A, 1213,and 33 Portions ofAPN 153-161-001 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 flood district organized under the laws of the State of California, ("DISTRICT") hereby grants to CENTRAL CONTRA COSTA SANITARY DISTRICT, a special district of the State of California, ("GRANTEE") a nonexclusive right to a perpetual easement and right of way ("Easement") for installing, repairing, maintaining, operating, and using sanitary sewer pipelines and recycled water pipelines, and related appurtenances, in such sizes and configurations as GRANTEE deems appropriate ("Facilities"), together with reasonable access to said Easement over and across other real property owned by District, and for no other purposes whatsoever. The Easement is located along, under, and in those certain parcels of land in the City of Pleasant Hill, County of Contra Costa, State of California, described as follows ("Easement Area"): FOR LEGAL DESCRIPTIONS AND PLATS, SEE ATTACHED: EXHIBITS "A-1" AND "B-1" (DP 4985, Parcels 10, 11, 12A and 12B), and EXHIBITS "A-2" AND "13-2" (DP 4985, Parcel 33) The foregoing grant is made subject to the following terms and conditions: 1. PRIMACY OF GRANT OF EASEMENT: GRANTEE has undertaken construction within the Easement area and has obtained from DISTRICT two Permits for Use of District Right of Way, Permits No. 603-95 and 629-98, (the "Permits"), in connection with such construction. The Permits are hereby terminated as of the granting of this Easement. 2. PRIMARY USE OF THE PROPERTY: The Easement Area is located in DISTRICT- owned property commonly referred to as the Grayson Creek Channel (the "Property'). The primary use of the Property is for the conveyance of storm water and flood protection,--and--related DISTRICT purposes ("Primary Uses"). GRANTEE acknowledges and agrees that any and all of GRANTEE's rights granted or implied by this Grant of Easement are secondary and subordinate to the Primary Uses by the DISTRICT, its successors, and its assigns. GRANTEE shall not, at any time, use or permit the public to.use the-Easement Area in a_ny�manner that will interfere with or impair the DISTRICT's Primary Uses of the Property. GRANTEE shall not fence the Easement Area without the prior written approval of DISTRICT, and GRANTEE shall remove any DISTRICT- approved fencing when requested to do so by DISTRICT. 1 May 6, 2021 Regular Board Meeting Agenda Packet- Page 65 of 239 Page 18 of 40 3. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT's title to the Property and agrees never to assail or resist said title. 4. 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 DISTRICT for DISTRICT's prior review and approval, which approval shall be within DISTRICT's sole discretion to provide. DISTRICT's approval of plans and specifications will be in the form of a written permit issued by DISTRICT to GRANTEE that will include any additional DISTRICT requirements that will apply to GRANTEE's work within the Easement Area. (b) Normal routine maintenance by GRANTEE of its Facilities within the Easement Area, including inspection and cleaning of GRANTEE's pipelines, shall not require prior notice to the DISTRICT under Section 4(a). GRANTEE shall perform maintenance of its Facilities so as to prevent damage to the Property. 5. MODIFICATION, RELOCATION AND REMOVAL OF GRANTEE'S RECYCLED WATER FACILITIES: (a) This Grant of Easement is subject and subordinate to the prior and continuing right and obligation of DISTRICT, its successors and assigns, to use the Property for Primary Uses, and DISTRICT expressly reserves the right to use the Property for such Primary Uses. GRANTEE agrees that in its use of this Easement and the exercise of its rights under the Easement, it shall in no way interfere with DISTRICT's Primary Uses. (b) GRANTEE maintains recycled water Facilities in the Easement Area. GRANTEE shall not allow a third party to connect to GRANTEE's recycled water Facilities in the Easement Area unless the DISTRICT provides prior written approval of the connection, which shall be within DISTRICT's sole discretion to provide. GRANTEE acknowledges and understands that the Property is within an engineered flood control channel and that relocation or modification of GRANTEE's recycled water Facilities may be necessary should the Property be required for the Primary Uses. If DISTRICT determines that relocation or modification of any portion of the recycled water Facilities is necessary for the Primary Uses, DISTRICT will provide GRANTEE written notice of the need to relocate or modify GRANTEE's recycled water Facilities ("Modification Notice"). The Modification Notice will include (a) DISTRICT's proposal for relocating or modifying the recycled water Facilities, and (b) a date determined by DISTRICT by which GRANTEE shall modify or relocate the recycled water Facilities ("Completion Date"). DISTRICT will deliver the Modification Notice to GRANTEE as far in advance of the Completion Date as possible. Following DISTRICT's delivery of the Modification Notice, GRANTEE and DISTRICT shall take the following steps: i. Within 45 days after receiving the Modification Notice, GRANTEE shall respond to DISTRICT in writing by acknowledging receipt of the Modification Noticeand providing a timeline within which GRANTEE will modify or remove the recycled_water Facilities. If GRANTEE desires to propose alternatives to the modification or removal of the recycled water Facilities, in its written response to the Modification Notice GRANTEE shall request that DISTRICT consider one or more reasonable -• -- . .�: -.. `alternatives -to DISTRICT's required relocation or modification-of=the recycled 4vat;ry -=' S`: Facilities. DISTRICT, at its sole discretion, may or may not agree to consider reasonable alternatives, and DISTRICT will provide GRANTEE its determination in writing ("District Response"). 2 May 6, 2021 Regular Board Meeting Agenda Packet- Page 66 of 239 Page 19 of 40 ii. If DISTRICT agrees in the District Response to consider reasonable alternatives to modification or removal of the recycled water Facilities, within six months following the mailing of the District Response, GRANTEE shall submit to DISTRICT one or more reasonable engineering or construction alternatives to DISTRICT's required modification or removal of GRANTEE's Facilities ("GRANTEE Alternative"). iii. DISTRICT will consider, in good faith, a GRANTEE Alternative timely submitted by GRANTEE. However, DISTRICT shall have sole discretion to decide whether to accept and allow a GRANTEE Alternative. iv. Within 120 days after DISTRICT receives a GRANTEE Alternative, DISTRICT shall provide GRANTEE written notice of DISTRICT's final engineering or construction decision regarding the GRANTEE Alternative and the modification or relocation of GRANTEE's recycled water Facilities ("Final Notice"). If DISTRICT determines, in its sole discretion, that a GRANTEE Alternative will satisfy DISTRICT's purposes, then DISTRICT's Final Notice will indicate that DISTRICT will accept a GRANTEE Alternative. If DISTRICT accepts a GRANTEE Alternative, GRANTEE must pay DISTRICT, upon demand, the incremental increase in design, right of way acquisition, and construction costs that DISTRICT determines it will incur as a result of evaluating GRANTEE's alternative and incorporating the alternative into DISTRICT's plans. v. If DISTRICT determines, in its sole discretion, that DISTRICT-proposed relocation or modification of the recycled water Facilities is necessary to accommodate DISTRICT's Primary Uses and that a GRANTEE Alternative is not acceptable, DISTRICT's Final Notice will notify GRANTEE of the same. GRANTEE, at GRANTEE's sole cost and expense, shall complete the DISTRICT-required modification or relocation of the recycled water Facilities as soon as practicable after receiving the Final Notice, provided that GRANTEE shall complete the modification or relocation no later than 30 months after receiving the Final Notice, unless a later date is specified in the Final Notice. vi. If DISTRICT determines that it is possible to grant GRANTEE replacement easements in DISTRICT's Property without compromising DISTRICT's Primary Uses of the Property, DISTRICT will consider granting replacement easements to GRANTEE to complete the required relocation or modification of GRANTEE's recycled water Facilities. vii. Following relocation or modification of its recycled water Facilities, GRANTEE shall deliver an executed quitclaim deed to DISTRICT, to quitclaim all of GRANTEE's interest in the property from which GRANTEE's recycled water Facilities are removed. viii. If DISTRICT determines that state or federal grant funds are available to pay GRANTEE's costs to relocate GRANTEE's recycled water Facilities, and if DISTRICT determines it has available staff to seek the funds, DISTRICT will request those grant funds on GRANTEE's behalf. GRANTEE shall bear DISTRICT's cost to pursue that grant funding, and if DISTRICT secures any such funding, the funding will be used to cover the costs to relocate GRANTEE's recycled water Facilities to the extent allowed by the terms of the grant. Within- 30 days after receiving a DISTRICT demand for reimbursement;'.GRANT-E&shall- reimburse:DI:&TRICT for DISTRICT's costs to seek the above grant funding on GRANTEE's behalf. These costs will include, but may not be limited to, the- cost of DISTRICT _staff time calculated based on then-current fully-loaded hourly rates. 3 May 6, 2021 Regular Board Meeting Agenda Packet- Page 67 of 239 Page 20 of 40 ix. The parties acknowledge that relocating the recycled water Facilities would be a complex project and would require significant planning and design efforts. Accordingly, if GRANTEE demonstrates a good faith effort to comply with the above timelines but is unable to do so, GRANTEE will apply to DISTRICT for approval of a reasonable extension of the timelines, which approval DISTRICT may not unreasonably withhold. 6. MODIFICATION OF GRANTEE'S SEWER FACILITIES: GRANTEE, at its sole cost and expense, will modify its sewer Facilities, including but not limited to existing manholes and incidental structures, within DISTRICT's property if DISTRICT determines such modification is required for a Grayson Creek channel widening project, or for other Primary Uses. If any such modification is required, GRANTEE shall include in the modification making the manhole covers watertight. 7. DAMAGE TO DISTRICT PROPERTY: If any DISTRICT Property, facilities, landscaping, or other improvements are removed or damaged as a result of the use of the Easement Area by GRANTEE, or any person or entity acting under GRANTEE's direction or control, DISTRICT, at its sole discretion, will either (a) repair or replace the removed or damaged Property, facilities, landscaping, or other improvements and require GRANTEE to reimburse DISTRICT for DISTRICT's repair and replacement costs, or (b) require GRANTEE, at its sole cost and expense, to repair or replace the Property, facilities, landscaping, or other improvements. Any such repairs or replacements must return the Property, facilities, landscaping, or other improvements to the condition they were in immediately prior to their removal or damage, or to a better condition, as determined by DISTRICT. If DISTRICT requires GRANTEE to complete the repairs or replacements and GRANTEE either (a) fails to commence the required work within 30 days after being directed to do so by DISTRICT (or any reasonable extension as DISTRICT may agree to in writing), or (b) fails to complete the required work within a reasonable time thereafter as determined by DISTRICT, DISTRICT may complete the work at the expense of GRANTEE. If DISTRICT performs any repair or replacement work under this Section 7, within 30 days after receiving DISTRICT's demand for payment, GRANTEE shall reimburse DISTRICT for all costs DISTRICT incurs to complete the work, and GRANTEE shall be required to pay any legal expenses DISTRICT incurs to collect such costs from GRANTEE. The obligations contained in this Section 7 shall survive the expiration or other termination of this Grant of Easement. 8. DAMAGE TO GRANTEE'S FACILITIES: DISTRICT has 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 is the sole responsibility of GRANTEE to provide and maintain adequate protection and surface markings for its own facilities. However, if GRANTEE's properly marked, protected and maintained facilities are damaged by the negligence or willful misconduct of DISTRICT, including DISTRICT's contractors or agents, 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 actual cost of such repair shall be reimbursed by DISTRICT. 9. NON-EXCLUSIVE EASEMENT: The Easement granted hereunder is non-exclusive. This Easement is subject and subordinate to (a) DISTRICT's Primary Uses, and (b) all existing rights, rights of way,-licenses, reservations, franchises and easements in the Property that are of record, or-that would be evident from a physical inspection or accurate sufvey of the-Property-qNothihg,.contaifiedI 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. 4 May 6, 2021 Regular Board Meeting Agenda Packet- Page 68 of 239 Page 21 of 40 10. INDEMNIFICATION, AS-IS CONDITION OF PROPERTY: (a) In the exercise of all rights under this Easement, GRANTEE is 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, to the extent 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 the proportion of Liabilities arising through the negligence or willful misconduct of the DISTRICT, its officers or employees. GRANTEE acknowledges that the 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 by flooding or water, and GRANTEE 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 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 known 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 uses to which it can be put. GRANTEE relies solely on GRANTEE's own judgment, experience and investigations as to the present 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, nor its heirs, successors or assigns will ever claim to have, and will not assert, any right or action - against DISTRICT for any loss, damage or other matter arising out of or resulting from the presence of any known hazardous substance or any other known condition of the Property at the commencement of the Easement or from the release of any hazardous substance in,, an :or part of the Property or in the-soil, water,,ggbsu.rface :pVxry_,,.;, . y ;L; 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 5 May 6, 2021 Regular Board Meeting Agenda Packet- Page 69 of 239 Page 22 of 40 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 testing, remediation, repair, removal, cleanup or detoxification of the Property and from and against the preparation of any cleanup, remediation, closure or other required plans where 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 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 10 shall survive the expiration or other termination of this Grant of Easement. 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. ABANDONMENT: In the event GRANTEE discontinues use of all or any portion of the Easement hereby granted for a period of ten years, then all of GRANTEE's rights in and to such portion of the Easement will cease and terminate. In the event GRANTEE uses the Easement for a purpose other than the purposes for which it is granted, then all of GRANTEE's rights in and to the Easement will cease and terminate and shall immediately revert to and vest in the DISTRICT or its successor. Upon any termination of GRANTEE's rights hereunder and upon request by DISTRICT, at its sole discretion, GRANTEE, at its sole cost and expense, shall (a) either remove all of GRANTEE's Facilities from the Easement Area, or abandon them in place, and (b) restore the Property to a condition equivalent to or better than its original condition, as determined by DISTRICT. If GRANTEE fails to satisfy its obligations under this Section 12, DISTRICT may remove GRANTEE's Facilities from the Easement Area or abandon them in place and, upon demand by DISTRICT, GRANTEE shall reimburse DISTRICT for the costs DISTRICT incurs to complete that work. Upon the removal or abandonment-in-place of GRANTEE's Facilities under this Section 12, GRANTEE shall execute and deliver to DISTRICT any Quitclaim Deeds required by the DISTRICT to quitclaim to DISTRICT all rights of GRANTEE under this Grant of Easement. 13. NOTICES: All notices, consents, or other instruments or communications provided for under this Easement must be in writing, signed by the party giving the nofice,-and will be deemed properly given and received when (i) actually delivered to the addressee in R- person, or (ii) on the next business day if sent via pfepaid overnjght�po. Kier service for next business day delivery, or (iii) three business days after depositing same in the United States Mails, if sent by registered or certified mail, postage prepaid to: 6 May 6, 2021 Regular Board Meeting Agenda Packet- Page 70 of 239 Page 23 of 40 Contra Costa County Public Works Department Real Estate Division 255 Glacier Drive Martinez, CA 94553 Attn: Principal Real Property Agent Central Contra Costa Sanitary District Engineering Department Planning and Development Services Division 5019 Imhoff Place Martinez, CA 94553 Attn: Engineering and Technical Services Manager 14. NO ASSIGNMENT OF EASEMENT: NO THIRD-PARTY USE: No rights granted hereunder shall be transferred, apportioned or assigned without the prior written approval of DISTRICT, which shall be within DISTRICT's sole discretion to provide. GRANTEE shall not license or otherwise allow third parties to use of any portion of the Easement Area without obtaining the prior written approval of DISTRICT, which shall be within DISTRICT's sole discretion to provide. 15. NO SECONDARY RIGHTS. Except for the secondary right of access expressly granted under this Grant of Easement, nothing in this Grant of Easement shall be deemed or construed to grant any secondary rights to GRANTEE to use an area of DISTRICT's Property outside of the Easement Area for any purpose whatsoever. 16. 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. 17. 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 attorneys have read and reviewed this Grant of Easement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this grant of easement. 18. SUCCESSORS AND ASSIGNS: This indenture and all the covenants herein contained shall inure to the benefit of and binding upon the heirs, successors and assigns of the respective parties hereto. 19. ENFORCEABLE TERMS: If any term or provision of this Grant of Easement is held to be invalid or unenforceable, the remainder of this Grant of Easement is not affected. 20. GOVERNING LAW AND LITIGATION VENUE: This Grant of Easement is governed by the laws of the State of California. [Remainder of page left blank—signatures on next page.] 7 May 6, 2021 Regular Board Meeting Agenda Packet- Page 71 of 239 Page 24 of 40 IN WITNESS WHEREOF, this Grant of Easement is signed and executed this _ dayof 2021. CONTRA COSTA COUNTY CENTRAL CONTRA COSTA FLOOD CONTROL AND WATER SANITARY DISTRICT CONSERVATION DISTRICT By By Diane Burgis David R Wm,,wn-g Tad J. Pilecki Chair, Board of Supervisors President of the Board of Directors RECOMMENDED FOR APPROVAL: By: ;--L-- �l�, By: Brian M. Balbas Katie Young Chief Engineer Secretary of the Board of Directors By: Date qe4iical-' Dillingham Principal Real Property Agent APPROVED AS TO FORM APPROVED AS TO FORM SHARON L. ANDERSON, COUNTY COUNSEL By: �� By: Stephen M. Siptroth Kenton L. Alm Deputy County Counsel Counsel for the District CPD:dw GArealprop\CCCSD InterceptoARnal FCD-Central San Easement 5-21-20 SMS.doc 8 May 6, 2021 Regular Board Meeting Agenda Packet- Page 72 of 239 Page 25 of 40 EXHIBIT "A-1" REAL PROPERTY in the city of Pleasant Hill, county of Contra Costa, state of California described as follows: Portions of the parcel of land described in the Grant Deed to the Contra Costa County Flood Control and Water Conservation District(CCCFC&WCD) recorded on July 26, 1967 in Book 5418 of Official Records of said county at page 632 (5418 O.R. 632)together with portions of the parcel of land described in the Grant Deed to CCCFC&WCD recorded on January 14, 1970 in Book 6044 of Official Records of said county at page 356 (6044 O.R. 356) described as follows: Parcel 10 (FCPID 5203) A 10-foot wide strip of land the centerline of which is described as follows: Commencing at a found Contra Costa County monument having coordinates of (Y)2,183,691.32 feet and (X) 6,110,009.24 feet North American Datum of 1983, Zone 0403, GPS Epoch 2002.00 [NAD83(2002.00)], said monument being located at the intersection of Second Avenue and Contra Costa Boulevard as shown upon the map entitled Subdivision MS 188-80 "County Square"filed July 15, 1981 in Book 96 of Parcel Maps at page 19 (96 PM 19), Contra Costa County Records; thence south 7° 56' 39" east 425.63 feet (south 7° 56' 54" east 425.67 feet-96 PM 19) along the Contra Costa County monument line to a found Contra Costa County monument located on Contra Costa Boulevard as shown upon said map (96 PM 19), last said monument having coordinates of(Y) 2,183,269.78 feet and (X) 6,110,068.06 feet[NAD83(2002.00)]; thence leaving said monument line south 29° 3.9' 25"west 677.48 feet to the POINT OF BEGINNING; thence from said POINT OF BEGINNING the following 21 courses: (1) south 820 03' 20"west 20.00 feet, (2) south 20 59' 10" east 184.23 feet, (3) south 70 35' 51"west 86.54 feet, (4) south 150 36' 23"west 143.30 feet, N,- LANA sb CLck No.8647 Date: September 05, 2018-- ** T� OF CAO DP 4985 Parcels 10 11 12A&12B CCCFCWCD Page 1 of 3 9/5/18 May 6, 2021 Regular Board Meeting Agenda Packet- Page 73 of 239 Page 26 of 40 (5) south 23° 12' 30"west 138.58 feet, (6) south14° 09' 57"west 63.79 feet, (7) south 80 24' 29" east 72.62 feet, (8)south 23° 40' 32" east 277.61 feet, (9) south 31' 17'22" east 84.79 feet, (10) south 380 31' 57" east 94.24 feet, (11) south 43° 29'46"east 168.77 feet, (12) south 550 34' 47" east 69.09 feet, (13) south 68° 35' 51"east 129.54 feet, (14) south 370 09' 44" east 27.69 feet, (15) south 580 28' 43"west 75.24 feet, (16) south 71° 29' 23"east 125.89 feet to a point herein after referred to as Point `A', thence from said Point `A' (17) south 71° 29' 23" east 10.55 feet, (18) south 31° 39' 50"west 17.83 feet, (19) south 49° 27' 12" east 21.92 feet, (20) south 74° 32'34" east 92.39 feet, (21) south 52° 37' 30" east 110.71 feet to a point herein after referred to as Point W. Containing a total of 20,043 square feet, more or less. Parcel 11 (FCPID 5204) All that portion of herein above referenced CCCFC&WCD parcel (6044 O.R. 356) bounded on the northeast by herein above described Parcel 10, bounded on the northwest by a line from the herein above referenced Point `A' which bears south 690 53' 41"west 74.40 feet to the southwesterly line of said CCCFC&WCD parcel (6044 O.R. 356) and bounded on the southeast by a line from the herein above referenced Point `B'which bears (1) south 37° 22' 30"west 5.00 feet and (2) south 25° 51' 38"west 15.93 feet to the southwesterly line of said CCCFC&WCD parcel (6044 O.R. 356). Containing a total of 4525 square feet, more or less. Parcel 12A(FCPID 5205) A 20-foot wide strip of land the centerline of which is described as follows: Beginning at herein above said Point `B'; thence north 1' 35' 59"west 144.26 feet; thence north 32" 59' 54"east 10.31 feet to the northeasterly line of herein above referenced CCCFC&WCD parcel (5418 O.R. 632). Containing a total of 3089 square feet, more or less. pk LA s� Sp No.8647 Date: September 05, 2018 l� CF CA'O DP 4985 Parcels 10 11 12A&12B CCCFCWCD Page 2 of 3 9/5/18 May 6, 2021 Regular Board Meeting Agenda Packet- Page 74 of 239 Page 27 of 40 Parcel 12B (FCPID 5206) A 20-foot wide strip of land the centerline of which is described as follows: Beginning at herein above said Point `13% thence south 0° 02' 52" east 724.77 feet; thence south 38° 02'43"west 250.00 feet to a point which bears north 1° 30' 08"west 593.26 feet from a found standard monument having coordinates of (Y) 2179659.57 and (X) 6110249.42 [NAD83(2002.00)],said monument being located on College Way as shown upon the subdivision map entitled "Tract 2051" recorded on October 27, 1954 in Book 56 of Maps at page 9 (56 M 9), Contra Costa County Records, from which a similar found standard monument located at the intersection of College Way and College Drive as shown upon said map (56 M 9) and having coordinates of(Y) 2179661.56 and (X) 6110564.26 [NAD83(2002.00)] bears north 890 38' 16" east 314.85 feet(north 89" 38' 08" east 314.86 feet—Record 56 M 9). Containing a total of 6253 square feet, more or less. Unless otherwise specified, bearings and distances shown herein are based on the North American Datum of 1983, Zone 0403, GPS Epoch 2002.00. Multiply grid distances shown herein by 1.00005927 to obtain ground distances. Attached hereto is a plat designated CCCFC&WCD drawing number"FA- 20118" and entitled Exhibit "B-1" and by this reference made a part hereof. NL LANA � No.8647 A ate. 2eptemb 05, 2018 r�of CAO DP 4985 Parcels 10 11 12A&12B CCCFCWCD Page 3 of 3 9/5/18 May 6, 2021 Regular Board Meeting Agenda Packet- Page 75 of 239 Page 28 of 40 EXHIBIT "B- 1" CENTRAL CONTRA COSTA SANITARY DISTRICT Q� P.O.C. Secend We I Cn Sheet 1 of 6 J -1 o � I G I U1 CA aD .1 rn 0 Q Denotes Found Standard Monument r O per 96 PM 19U, U, CA 0 1 Parcel Number I -)o --A CL co rn 0 i �cb ^n. ALE N n N� d y u1 P.O.B. 1 d Lno 1 CJ w (1) S 82.03'20" W O 20.00' I z N FCPID 5203 I � (2) S 2°59'10" E 184.23 V I � See.CCCFC&WCD 10' R/W Drawing ED-563 Q 5' cc t C7 1 FA-20118 DRAWN BY: K.D.C. CHECKED BY: GDS/KJW SYSTEM MAP: 4761 JOB NO.: 4985 SCALE: 1� DATE: 10�02�18 CO.ASSMT.%A PARCEL NO.: _ $O 10 May 6, 2021 Regular Board Meeting Agenda Packet- Page 76 of 239 Page 29 of 40 EXHIBIT "B- 1" CENTRAL CONTRA COSTA SANITARY DISTRICT (2) S 2'59'10" E Y c , 184.23' w C° Sheet 2 of 6 w a + co (3) S 7.35'51" W ' z - r 86.54' 0 LO Q 3 2NNO / Cr U r (4) S 15'36'23" W 143.30' / U FCPID 5203 U � / (5) S 23.12'30" W 138.58' / See CCCFC&WCD RM Drawings ED-563&564 (6) S 14'09'57" W 63.79' to (7) S 8'24'29" E I 72.62' I \ 10' [y 5, n \ n n (8) S 23'40'32" E 277.61' 0 d s p FCPID 5203 (9) S 31-17'22" E 8.4.79' FA-20118 DRAWN BY: K.D.C. CHECKED BY: GDS/KJW SYSTEM MAP: 4762 JOB NO.: 4985 SCALE; 1° = 100' DATE: 10/02/18 CO.ASSMT.O.: 1 PARCEL NO.: 10 May 6, 2021 Regular Board Meeting Agenda Packet- Page 77 of 239 Page 30 of 40 EXHIBIT "B- 1" CENTRAL CONTRA COSTA SANITARY DISTRICT (8) S 23'40'32" E 277.61' FCPID 5203 Sheet 3 of 6 (9) S 31'17'22" E 84.79' (10) S 38'31'57" E 94.24' 10' 5' (11) S 43'29'46" E 168.77' 0 ACI 0,11( 12) S 55'34'47" E CP 69.09' C16 X00 (13) S 68°35'51 E 129.54' p8a (14) S 37'09'44" E 27.69' e � See CCCFC&WCD 10 (15) S 58'28'43" W 75.24' R/W Drawings ED-563&564 (17) S 71'29'23" E 10.55' (16) S 71'29'23" E (18)_S 31'39'50" W P VJky 125.89' Point'A' 17.83' Chi\parc1rgo (19) S 49'27'12" E 21.92' (20) S 74'32'34" E 92.39' (21) S 52'37'30" E 110.71' Point 'B' FA-20118 DRAWN BY: CHECKED BY: SYSTEM MAP: JOB NO.: K.D.C. GDS/KJW 47B2 4985 SCALE: 1" = 100' DATE: 10/02/18 CO.ASSMT.N,4 PARCEL NO,: 10 May 6, 2021 Regular Board Meeting Agenda Packet- Page 78 of 239 Page 31 of 40 EXHIBIT "B- 1" CENTRAL CONTRA COSTA SANITARY DISTRICT 1 G��Ng° S 69'53'41" W 74.40' Point 'A' o Al� see�� � - QIor cFc� \ epw/7 Wco ' - ` 6044 O. 3S6 I ZA FCPID 5204 �,� FCPID 52031 l S 52'37'30" E 110.71 `` l N Sheet 4 of 6 S. o, 22'30" w Point 'B' 11 S 25'51'38" W 12e 15.93' I FA-20118 l DRAWN BY: CHECKED BY: SYSTEM MAP: JOB NO.: K.D.C. GDS/KJW 47B2 4985 SCALE: DATE: CO.ASSMT.NO.: PARCEL NO. 1" = 40' 10/02/18 N/A 11 May 6, 2021 Regular Board Meeting Agenda Packet- Page 79 of 239 Page 32 of 40 EXHIBIT "B- 1" CENTRAL CONTRA COSTA SANITARY DISTRICT CC C F C`� 4, NO 31.59'54" E C� 6418 0 R• 632 � - 20' cccFc& _ 10' FCPID 5205 we 60440� 9� ,_�I� 35 e 12A N 1'35'59" W 1� 144.26' ` rro FCPID 5206 �F Point 'B' 126 ►� Sheet 5of6 1 ° z 1 S 0.02'52" E,,---- 724.77' -724.77' I� m FA-20118 DRAWN BY: CHECKED BY: SYSTEM MAP: JOB NO.: K.D.C. GDS/K]W 47 B2 4985 SCALE: DATE: CO.ASSMT.NO.: PARCEL NO.: 1" = 40' 10/02/18 N/A 12A& 12B May 6, 2021 Regular Board Meeting Agenda Packet- Page 80 of 239 Page 33 of 40 EXHIBIT "B- 1" CENTRAL CONTRA COSTA SANITARY DISTRICT U S 0'02'52" E� 3LO 724.77 Y _ N � o w Sheet 6of6 W CD U U U 010' 12B 0 S 38'02'43" W CO 250.00' , See CCCFC&WCD Q R/W Drawing ED-564 FC P I D 5206 0� ha liOo Cd �0 0 v� G Pff 0 N 1'30'08" W I 593.26' — TIE Golf Club Rd 8a N 89'38'16" E 314.85'—TIE �(N 89`38'08" E 314.86' Record 58M9) College Way Denotes Found Standard Monument per 56 M 9 FA-20118 DRAWN BY: CHECKED BY: SYSTEM MAP: JOB NO.: K.D.C. GDS/KJW 4783 4985 SCALE: DATE: CO.ASSMT.NO.: PARCEL NO.: 1" = 100' 10/02/18 N/A 12B May 6, 2021 Regular Board Meeting Agenda Packet- Page 81 of 239 Page 34 of 40 EXHIBIT "A-2" REAL PROPERTY in the city of Pleasant Hill, county of Contra Costa, state of California described as follows: Parcel 33 (FCPID 5207) Portion of the parcel of land described in the Corporation Grant Deed to Contra Costa County Flood Control and Water Conservation District(CCCFC &WCD) recorded on June 9, 1958 in Book 3174 of Official Records of said county at page 384 (3174 O.R. 384) said parcel being also the parcel of land described in the Grant Deed to CCCFC &WCD recorded on June 9, 1958 in Book 3174 of Official Records of said county at page 387 (3174 O.R. 387), described as follows: All that portion of above referenced parcel of land (3174 O.R. 384 &3174 O.R. 387) lying within a 20-foot wide strip of land the centerline of which is described as follows: Commencing at a found standard monument as shown upon the Corner Record filed with the County Surveyor of said county on February 13, 2008 in Book 105 of Corner Records at page 50 (105 CR 50) , said monument located on Ruth Drive, 75 feet more or less southerly of the intersection of the centerlines of Ruth Drive and Lois Court as set in the location of the iron pipe shown upon the subdivision map entitled "Gregory Gardens Unit No.5" recorded June 23, 1950 in Book 40 of Maps at page 42 (40 M 42), Contra Costa County Records, said standard monument having coordinates of(Y) 2176008.85 feet and (X) 6110397.02 feet North American Datum of 1983, Zone 0403, GPS Epoch 2002.00 [NAD83(2002.00)]; thence north 2° 37' 27" east 104.62 feet(north 2° 37' 34" east 104.64 feet—Calculated Record 40 M 42) to a similar found standard monument as shown upon said Corner Record (105 CR 50)as set in the location of the iron pipe upon said map (40 M 42), said standard monument having coordinates of(Y) 2176113.36 feet and (X)6110401.81 feet[NAD83(2002.00)]; thence north 46° 22' 50"west 356.49 feet to the POINT OF BEGINNING; thence g`aN�L LANA at � crf No.8647 Date: September 05, 2018 ' q � CAO� DP 4985 Parcel 33 CCCFC&WCD Page 1 of 2 9/6/18 May 6, 2021 Regular Board Meeting Agenda Packet- Page 82 of 239 Page 35 of 40 from said POINT OF BEGINNING the following 4 courses: (1) south 24° 28' 20" east 269.32 feet, (2) south 16° 46' 19"west 694.02 feet, (3) south 3° 02' 00" west 285.24 feet, (4) south 43° 40' 36" west 184.04 feet to a point which bears north 4° 10' 19" east 356.08 feet from a found standard monument accepted as shown upon the Corner Record filed with the County Surveyor of said county on February 13, 2008 in Book 105 of Corner Records at page 49 (105 CR 49), said monument located on Ardith Drive, 524 feet more or less northeasterly of the intersection of the centerlines of Ardith Drive and Kathleen Drive as set in the location of the iron pipe shown upon the subdivision map entitled "Gregory Gardens Unit No. 4" recorded May 2, 1950 in Book 40 of Maps at page 12 (40 M 12), Contra Costa County Records, said standard monument having coordinates of(Y)2174676.58 feet and (X) 6109886.94 feet [NAD83(2002.00)] and which bears north 19° 36' 55" east 577.95 feet (north 19° 35' 02" east 578.00 feet— Record 40 M 12)from a similar found standard monument as shown upon the Corner Record filed with the County Surveyor of said county on February 13, 2008 in Book 106 of Corner Records at page 1 (106 CR 1)as set in the location of the iron pipe shown upon said map (40 M 12), said standard monument having coordinates of(Y) 2174132.17 feet and (X)6109692.92 feet[NAD83(2002.00)]. Containing a total of 11,551 square feet, more or less. Unless otherwise specified bearings and distances shown herein are based on the North American Datum of 1983, Zone 0403, GPS Epoch 2002.00. Multiply grid distances shown herein by 1.00006421 to obtain ground distances. Attached hereto is a plat designated CCCFC&WCD drawing number 11FA- 20119" and entitled Exhibit "13-2", also Exhibit "C-2a", Exhibit"C-2b", and Exhibit"C-2c" and by this reference made a part hereof. pL LANA sG � No.8647 � nate. eptembe 05, 2018q �'P OF cA%-k DP 4985 Parcel 33 CCCFC&WCD Page 2 of 2 9/6/18 May 6, 2021 Regular Board Meeting Agenda Packet- Page 83 of 239 Page 36 of 40 EXHIBIT "B-2" CENTRAL CONTRA COSTA SANITARY DISTRICT i 11P.O.B. �� Blvd � Taylor o ,, �`'2• � o (1) S 24'28'20" E��, 269.32` ` � ' �3� w w 2 i\ Sheet 1 of 3 1W 995 \ cV p N zz Lois Court QQ Denotes Found Standard Monument with Brass Disc Stamped "CCCSD" W 997 �+ ° 2D' � ll � P.o.c. Parcel Number Log YUS (2) S 16'46'19" W 694.02 �n �1 Grayson Creek p� © See CCCFC&WCDtiI / / Harriet Drive Q Or PJW Drawing ED-568 i Q O r Log PV2 Lot 900 0 FCP1D r 5207 W IW1 Log f 126 33 1 I See Sheet 2 of 3 � FA-20119 DRAWN BY: K.D.C. CHECKED BY: GDS/KJW SYSTEM MAP: 4765 ]OB NO.: 4985 SCALE: DATE CO.ASSMT.NO.: PARCEL NO.: 1" = 100' 10/02/18 153-161-001 33 May 6, 2021 Regular Board Meeting Agenda Packet- Page 84 of 239 Page 37 of 40 EXHIBIT 11B-2" CENTRAL CONTRA COSTA SANITARY DISTRICT Grayson Creek ' See Sheet 1 of 3 CCCFC&WCD RM—, L04100000 o0 FCPID G� 5207 Loop 1f12F Lot 1002 Q� o� 694.02' Lot fl fld 6� C.C.C.F.C.W.C.D. X041004 3174 O.R.384 3174 O.R.387 33 (3) S 03°02'00" W 0 285.24' Lot 1120 20'— Lot 10006O o 10' Loot flfl�3� ��4100a Sheet 2 of 3 j (4) S 43°40'36" W j 184.04' I � See Sheet 3 of 3 I FA-20119 r DRAWN BY: CHECKED BY: SYSTEM MAP: JOB NO.: K.D.C. GDS/KJW 4765 4785 SCALE: DATE: CO.ASSMT.NO.: PARCEL No.: 1"=100' 10/02/18 153-161-001 33 May 6, 2021 Regular Board Meeting Agenda Packet- Page 85 of 239 Page 38 of 40 EXHIBIT "B-2" CENTRAL CONTRA COSTA SANITARY DISTRICT /I 33 See Sheet 2 of 3 I FCPID r 5207 20' r Lot 609 r r� Lot 606 I� (4) S 43'40'36" W I 184.04' I.LD I~ II 1,00 Lot 611 Lot 646 T l0 N Sheet 3 of 3 40 Ito �t ILU J(�? 0 Lot 667 I:0 Ir D I0 Lot 616 Lot 712 o IZ Lot 639 / /m Lot 714 IL /❑ Lot 616 r� Lot 623 N 19'36'55" E 577.95' — Tie / (N19'35'02"E 578'—Record 40M12) Kathleen Drive / / Lot 621 OO Denotes Found Standard / Monument with Brass d Disc Stamped "CCCSD" FA-20119 DRAWN BY: CHECKED BY: SYSTEM MAP: JOB NO.:y K.D.C. GDS/KJW 47B5 � 4985 SCALE: DATE: CO.ASSMT.NO.: PARCEL NO.: 1"=100' 10/02/18 153-161-001 33 May 6, 2021 Regular Board Meeting Agenda Packet- Page 86 of 239 S,. 74 pt 6801 OR ,qW. qy ` ��`_ ♦ � ,� r i .� � 1._. 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