HomeMy WebLinkAboutMINUTES - 08171993 - 1.13 '1e � J
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: August 17, 1993
SUBJECT: CROCKETT PARK, OAKLEY AREA
Project No.: 7992-6X5432
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. ACCEPT Grant Deed dated April 22, 1993, from Braddock and Logan Associates.
B. DIRECT the Real Property Division to have above-referenced Grant Deed recorded in the
office of the County Recorder.
II. Financial Impact:
None.
III. Reasons for Recommendations and Background:
These property rights are required for the Crockett Park improvement project.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with approved
plans and specifications.
Continued on Attachment: SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON AUG 17 1993 APPROVED AS RECOMMENDED LZ OTHER
VOTE OF SUPERVISORS
I UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certity that this Is A Ma and correct Copy?t
an action taken and entered on the minutes of the
PS:g1O Board of SupeI ors o the date shown.
c:BOa17.t8 ATTESTED: ��JG 7 1993
Orig. Div: Public Works (R/P) PHIL BATCHELOR,Clerk of the Board
Contad: Pat Smyers (313-2222) Of supervfeora and uro Adminlatrator
cc; County Administrator r '
P. W. Accounting
BY .pePuW
Recorder/'(via R/P)
Recorded at the request of:
Contra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Pat Smyers
Assessor's Parcel No. 041-130-049
Title Co. Order No. 157679
GRANT DEED
For Value Received, BRADDOCK and LOGAN ASSOCIATES, a California General
Partnership,
GRANTS to
CONTRA COSTA COUNTY, a political subdivision of the State of California,
the following described real property in the unincorporated area of the County of Contra
Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
FOR RESERVATION OF REVERSIONARY INTEREST SEE EXHIBIT "B" ATTACHED HERETO AND
MADE A PART HEREOF. GRANTOR:
Braddoc% & Lo an Associates .
ALL-PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY
SIGNER
State of California
Coun++fey of Contra Costa [ ] Individual(s)
On uly 29, 1993 before me, Ruth N. Friton, Notary Public ( ] Corporate
d
Of
Date 'Notary Public' Title(s)
personally appeared Joseph E. Raphel, President - J.S.S.R., Inc.
Name(s) of Signer(s) 4x4 Partner(s)
[ ] Attorney-In-Fact
personally known to me [ J Trustee(s)
[ ] Subscribing Witness
to be the personal ( ) Guardian/Conservator
whose nameM is/2rmsubscribed to the within instrument and acknowledged [ ] Other:
to me that he/AkaA w$xexecuted the same in his/bec4dw itR authorized
capacity0dem), and that by his/Axx_jtkmLi4- signatureW on the instrument
the personM, or the entity upon behalf of which the personM acted,
executed the instrument.
nllnus� +tnr:;nnl+±a,rnth+"mnnnrr+n+.r±nnnnoll+s SIGNER IS REPRESENTING:
RUTH N. TRITON = Witness my hand and official seal. Name of Persor4s) or EntityClevD
UBraddock & Logan Associates
c -
NOTARY PUBLIC = a California general partnership
ALAMEDA COUNTY,CALIFORNIA
My commission expires Aug.4,1993 /Signature of Notary
�IIWllflll�lllW111111Df111fU11i11O11111W IIIIOIIIIIIIUII��
i�TTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this
certificate to unauthorized document.
THUS CERTIFICATE Title or Type of Document Grant Deed APN 041-130-049, Exhibit A, Exhibit B, Map
MUST BE ATTACHED Number of Pages 4 Date of Document Aril 22 1993
TO THE DOCUMENT Siqner(s) Other Than Named Above N A
EXHIBIT "A"
The "Park", as shown on the Map of Subdivision 6980, filed September 8, 1989 in Book
337 of Maps, Page 15, Contra Costa County Records.
EXCEPTING THEREFROM:
"All oil, gas casinghead gasoline and hydrocarbons and mineral substances below a point
500 feet below the surface, together with the right to take, remove, mine and dispose of
all said oil, gas, casinghead gasoline and other hydrocarbons and minerals but without
any right whatsoever to enter upon the surface of said land or upon any part of said land
within 500 feet of the surface", as reserved in the Deed from James R. Benner, et ux,
recorded December 23, 1988, Book 14791, OR, Page 959.
PS:glo
c:Sub6980.exb
April 19, 1993
"
EXHIBIT "B"
EXCEPTING AND RESERVING UNTO GRANTOR, ITS SUCCESSORS AND ASSIGNS,
a right to re-enter and take possession of the property herein
granted (hereinafter called the "Park") . Such right of re-entry
may be exercised only in the event Grantee determines not to
utilize the "Park" for the purpose of constructing, maintaining and
operating thereon a park for the Oakley Community.
In the event Grantee determines not to utilize the "Park" for the
stated purpose, and has not subsequently commenced construction of
the "Park" , then Grantor shall have the right to re-enter and take
possession of the property described herein at. the expiration of
ninety (90) days from the receipt by Grantee of written notice by
Grantor of its intention so to do if during said period no
commencement of construction occurs on the "Park" .
Grantee shall exercise all its power to provide abandonment and a
reversion to acreage of the property identified as the "Park" as
shown on the Map of Subdivision 6980, filed September 8 , 1989, in
Book 337 of Maps, Page 15, Contra Costa County Records.
In the event Grantee commences the construction of the "Park" prior
to the furnishing of notice of re-entry by Grantor as herein
provided, or within ninety (90) days of such notice as herein
provided, then Grantor's right to re-enter and take possession of
the property shall cease, and Grantor shall, upon notice in writing
by Grantee so to do, deliver to Grantee a recordable quitclaim deed
of its rights under this right to re-enter.