HomeMy WebLinkAboutMINUTES - 09241991 - X.1 G X.1
TO: BOARD OF SUPERVISORS a
Contra
FROM:
Supervisor Tom Torlakson Costa
DATE: County
September 24, 1991
SUBJECT: APPROVE DOCUMENTS RELATED TO RELOCATION OF ACCESS AND
RELINQUISHMENT OF ABUTTER'S RIGHTS AT 4340 EMPIRE IN OAKLEY
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION: Approve attached documents
approving Relinquishment of Abutter's Rights and Grant of
Access Rights related to the frontage of Empire Avenue,
owned by Mr. Melburn J. Swafford and Lynda L. Swafford.
BACKGROUND INFORMATION: In April 1991 the Public Works
Department approached Mr. Swafford regarding the
reconstruction project of Empire Avenue in the Oakley area.
Due to the revised vertical alignment, the roadway along the
frontage of the Swafford project would be raised
necessitating the reconstruction of the driveway in order to
provide suitable access to the property. Mr. Swafford was
unwilling to sign the temporary construction permit for the
driveway conform at that time.
In September 1991, as the project was underway, Mr.
Swafford signed the necessary permit to allow the- work to be
done. However, since that time he has indicated he will
withdraw his approval unless the driveway is relocated.
This action would cause project delays, and if agreement
could not be reached could ultimately affect the ability of
the property owner to enter the parcel. Approval of these
signed documents will allow the county to re-locate the
legal access to the property and reconform the driveway in
the newly agreed upon location. The construction for this
portion of the roadway is scheduled to proceed within the
next ten days .
CONTINUED ON ATTACHMENT: _YES SIGNATURE�[J/�_1_r a"""
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON September 24, 1991 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT I ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: Public Works (ES) ATTESTED September 24, 1991
Phil Batchelor,Clerk of the Board of_
Recorder (Via Clerk) •
then PW Records Supervisors and County Administrator;
Community Dev.
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'M3e2/7-e3 BY - DEPUTY
X.1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY] CALIFORNIA
Adopted this Order on September 24, 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
SUBJECT: Authorizing Acceptance of Instrument.
IT ISn' BY THE BOARD ORDERED that the following instrument
is hereby ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Relinquishment ` MS 45-77 Melburn J. Swafford Oakley
of Abutter's Lynda L. Swafford
Rights
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the data shown.
ATTESTED: September 24, 1991
PHIL BATCHELOR,Clerk of the Board
of Supervisors and Cou ty Administrator
1
By pub
I
Originator: Public Works (ES)
cc: Recorder I(via clerk)
then PW Records
Director of Community Dev.
SYM:mg
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Recorded at the request of:
CONTRA COSTA COUNTY i
Engineering Services Division
Return to:
Contra Costa County' f
Public Works Department
Records Section
Area: Oakley
Road: Empire Avenue '.
Co. Road No.:7871
Subdivision
Assessor's No.: 035-030-035
i
RELINQUISHMENT OF ABUTTER'S RIGHTS
INDIVIDUAL
I, Melburn J. Swafford:'and Lynda L. Swafford relinquish to Contra Costa County, State of
California,the abutter's',�rights of access to Empire Avenue as described in Exhibit A(written
description) attached hereto.
I
The provisions hereof shall inure to the benefit of and be binding upon the heirs, successors,
assigns, and personal representatives of the respective parties hereto.
IN WITNESS WHEREOF, these presents have executed this instrument this 20 day
of September, 1991
STATE OF CALIFORNIA )SS.
COUNTY OF Contra Costa )
On 20 September, before me
Doyle Edward Swafford
a Notary Public, in and,for said State,
personally appeared Melburn J .
and Lynda L. Swafford
, known to me
to be the within instrument and acknowledged
to me that they executed the same.
WITNESS my hand and official seal.
Dated: September 20 , 1991 OFFICIAL SEAL
DOYLE E01im grkTORD
S�i �Fr!u.n�
�. NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY
Signature MY COMM. EXP. JUNE 23,1995
(This area for official seal)
COPY
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EXHIBIT "A"
The grantor hereby releases and relinquishes any and all abutters rights of access
appurtenant to Empire)Avenue as described below:
A portion of Parcel A of Subdivision M.S. 45-77 filed March 31, 1978 in Book 64 of Parcel
Maps at page 29, Contra Costa County, California described as follows:
Being the "20' access opening" as shown on Parcel A of said map (64 PM 29).
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