COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 Elmhurst Street I ayward, CA (510)

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1 FLOOD CONTROL AGENDA ITEM # May 3,2011 COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 Elmhurst Street I ayward, CA (510) April 13, 2011 The Honorable Board of Supervisors County Administration Building 1221 Oak Street Oakland, California Dear Board Members: SUBJECT: FIND A 9)65-SQUARE FOOT ACCESS EASEMENT SURPLUS AND APPROVE AND AUTHORIZE THE PRESIDENT TO EXECUTE A QUITCLAIM DEED TO CONVEY SAID ACCESS EASEMENT TO RICHARD PEERY AND JOHN ARRlLLAGA, TRUSTEES (ZONE 6, LINE D RJW - No. 8256) RECOMMENDATION: That your Board adopt the proposed resolution to: l. Find a 9,265 square foot access easement from Line D in Zone 6, within the city of Fremont, to be surplus; and 2. Approve the conveyance of said parcel to Richard Peery and Jolm Arrillaga, Trustees (Peery!Arrillaga), in exchange for a replacement access easement of an equivalent utility; and 3. Authorize the President to execute a Quitclaim Deed to make said conveyance to Peery!Arrillaga. SUMMARY/DISCUSSION: On January 13, 1995, Richard Peery and John Arrillaga granted a 20-foot wide access easement to the Alameda County Flood Control and Water Conservation District (District) to provide access to the District's channel adjoining the Peery!Arrillaga property. This access easement was granted with the reservation that Peery!Arrillaga have the right to relocate this 20-foot wide access easement to another location upon the condition that should a similar (width) access be provided to the District's property at another point along the conunon property line between Peery!Arrillaga and the District's property. In the event of relocation by Peery!Arriliaga, and the "To Serve <\nd Preserve Our Community"

2 Honorable Board Members Page 2 April 13, 2011 providing of similar access to the District, the District shall quitclaim to Peery/Arrillaga at no cost to Peery/Arrillaga, all the appropriate portion of its right, title and interest in and to the said access easement. Peery/Arrillaga have provided the District a new access easement that satisfies the requirements of the said January 1995 access easement and are requesting that the District fulfill this reservation in the January 1995 access easement. FINANCING: The proposed action does not involve any expense to the Flood Control District. Yours truly, DWIRM:mbc ~~ Daniel Woldesenbet, Ph.D., P.E. Director of Public Works

3 Approved as to Form ;~~: THE BOARD OF SUPERVISORS OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, STATE OF CALIFORNIA RESOLUTION NUMBER: R FIND A 9,256 SQUARE FOOT PARCEL OF FLOOD CONTROL DISTRICT ACCESS EASEMENT SURPLUS; AUTHORIZE AND APPROVE CONVEYANCE OF SAID EASEMENT TO RICHARD PEERY AND JOHN ARRILLAGA, TRUSTEES, IN EXCHANGE FOR A REPLACEMENT ACCESS EASEMENT; EXECUTE QUITCLAIM DEED; SET TERMS AND CONDITIONS; WHEREAS, Alameda County Flood Control and Water Conservation District is the owner of the hereinafter described access easement located in the city of Fremont which serves a portion of the Flood Control District's Line D in Zone 6; and WHEREAS, in January 1995, the District accepted an access easement ( January 13, 1995 Official Records of Alameda County) with Richard Peery and John Arrillaga, Trustees (peery/arrillaga), that by reservation in accepting said access easement that the underlying fee owner, Peery/Arrillaga, shall have the right to relocate this 20-foot wide access easement to another location upon the condition that should a similar (width) access be provided to the District's property along the common property line bernreen Peery/Arrillaga and the District, that the District would quitclaim its interest to Peery/ArriJIaga, at no cost, of said access easement being more particularly designated and described as: FOR DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. (No. 8256) AND WHEREAS, the adjacent property owners, Richard Peery and John Arrillaga, Trustees, have provided a replacement access easement (R/W No ) of the same width and utility for the benefit of the public for continued access over and across the lands of the adjacent property owner; and said access easement has become surplus and available for conveyance to Peery/Arrillaga by the reservations of the January 1995 access easement; and NOW, THEREFORE, BE IT RESOLVED, that this Board of Supervisors finds and detennines that Peery/Arrillaga's offer of a replacement access easement to the Flood Control District's Line D flood facility has made the access easement no longer required for flood control purposes and being surplus, said access easement can be quitclaimed to Peery/ArriHaga which is in the public interest; and

4 BE IT FURTHER RESOLVED, that the President of this Board of Supervisors be and he is hereby authorized and directed to execute on behalf of Alameda County Flood Control and Water Conservation District, a body corporate and politic, GRANTOR, a Quitclaim Deed conveying the access easement set forth and described in the attached Exhibit "A" to Richard Peery and John Arrillaga, Trustees, GRANTEE, at no cost, and said Quitclaim Deed to be forwarded to the Director of Public Works and upon his acceptance of the aforesaid replacement access easement to be by him forwarded to record and to deliver to GRANTEE after the recordation thereafter; and BE IT FURTHER RESOLVED, that the conveyance of the said parcel of real property shall be consummated upon the following tenus and conditions to wit: GRANTEE shall pay no fees, charges, of any kind in connection with the access easement being conveyed; and BE IT FURTHER RESOLVED, that the GRANTEE'S acceptance of the Quitclaim Deed hereinbefore authorized shall constitute acceptance of the terms and conditions hereinabove set forth; and Zone 6, Line D No Map: RB-90

5 EXHIBIT"A" ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DESCRIPTION ZONE 6, LINE D QUITCLAIM OF ACCESS EASEMENT MAP: RE-519 Rev. DESC. NO APN: & (por.) DATE: April 15, 2011 All that certain real property situated in the City of Fremont, COt.ll1ty of Alameda l California, described as follows: State of All that real property described in the Grant of Access Easement from Richard T. Peery or his Successor Trustee, under Trust Agreement dated July 20, 1977, (Richard T. Peery Separate Property Trust), as amended as to an undivided lh interest; and John Arrillaga, Trustee or his Successor Trustee, under Trust Agreement dated July 20, 1977, (John Arrillaga Separate Property Trus't), as amended as to and undivided Y2 interest, to the ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, dated January 3, 1995, and recorded January 13, 1995, as Instrument Number