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Home My WebLink AboutMINUTES - 07261994 - 1.8 11 •I TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JULY 26, 1994 SUBJECT: APPIAN WAY TRIANGLE PROJECT - EL SOBRANTE AREA Project No.: 0662-6R4056 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated June 8, 1994, from Kimel, Inc. and Thomas R. and Mildred A. Robertson. B. AUTHORIZE the Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE paymentforsaid property rights and AUTHORIZE the Auditor-Controller to issue a check for$4,200.00 payable to Kimel, Inc., Thomas R. Robertson and Mildred A. Robinson, 433 Town Center #610, Corte Madera, Ca., 94525, to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above-referenced Grant of Easement recorded in the office of the County Recorder. Continued on Attachment: X SIGNATURE:'&A _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATURE(S): r ACTION OF BOARD ON JUL 2 6 1994 APPROVED AS RECOMMENDED V OTHER VOT OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: NW:glo I hereby certify that this is a true and correctcopyof g:\realprop\temp\B026.t7 an action talo and entered on the minutes of the Orig. Div: Public Works (R/P) Board of 3t'penir on shown. ATTESTED:- SLI rI. n 1§1z 4 Contact: Nancy Wenninger (313-2227) PMII BATCHELOR, rk of the Board cc: County Administrator of Supervisors and my Administrator Auditor-Controller(via R/P) ,,{� . P. W. Accounting By--- a Co Deputy Recorder(via R/P) Appian Way Triangle Project - EI Sobrante Area ( ' July 26, 1994 Page Two II. Financial Impact: Payment totalling $4,200.00 which is 89% reimbursable from Federal Aid funds and 11% reimbursable from EI Sobrante AOB funds. III. Reasons for Recommendations and Background: These property rights are required for the Appian Way Triangle project in accordance with approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. Recorded at the request of: Contra Costa County Return to: Is Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez CA 94553 Attention: Nancy Wenninger Assessor's Parcel No, 430-140-034 GRANT OF EASEMENT THIS INDENTURE, made by and between KIMEL, INC., a California corporation, as to an undivided 1/2 interest, THOMAS R. ROBERTSON, Trustee of the Toni Robertson Living Trust, with MILDRED A. ROBERTSON, Trustee of the Mildred Robertson Living Trust, as to an undivided 1/2 interest, hereinafter called the GRANTOR, and CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called the GRANTEE, WITNESSETH : That the GRANTOR, for value received, hereby grants to the GRANTEE and to its successors and assigns a perpetual easement and right of way for the purposes of constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using, as the GRANTEE may see fit, for roadway embankments and slopes and all necessary appliances for use in connection therewith or appurtenant thereto, in, under, along, and across that certain real property in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION OF THE PREMISES SEE EXHIBIT "A", ATTACHED HERETO The Grantee agrees upon the completion of any of its works hereunder to restore the surface of the ground as near as possible to the condition in which it was prior to the commencement of said work. TO HAVE AND TO HOLD, all and singular, the rights above descriL)ed unto the GRANTEE and the GRANTEE's successors and assigns forever. IN WITNESS WHEREOF, the GRANTOR has executed this indenture this day of 19 KIMEL, INC. Datet By: Titl Thomas R, Rob7tsorn, Trustee Mildred A. Robertson, Trustee ATTACH APPROPRIATE ACKNOWLEDGEMENT NW:glo c:EAKIMA2 FebrUaly 17, 1994 STATE OF CALIFORNIA COUNTY OF MARIN On 0 4/2 7/9 4 before me, SCOTT DAGENHART Personally known to me to be President of Kimel Incorporated, a Nevada Corporation. Also before me personally appeared SCOTT DAGENRART Individually whose name(&) is/am subscribed in the within instrument and acknowledged to me that executed the same in his/har4theiF authorized capacity(4es), and that by his/*eMheir-signature(&) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. - o OFFICIAL SEAL WITNES.Smy hanZ1� Herman L. J. Maes NOTARY PUBLIC CAUFORNW MARIN COUNTY 4y Comm.r-xpires Sept.22,1995 Not blic in and for State of California STATE OF CALIFORNIA ) ss COUNTY OF MONTEREY On this 8th day of June, 1994, before me, ROBERT C. TAYLOR, JR. , personally appeared THOMAS R. ROBERTSON, and MILDRED A. ROBERTSON, personally known to me (or 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 capaci- ty(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. WITNESS my hand and official seal . 0 ROS ir v,"Rf C. TAYLOR JR. ROBERT C. TAYO�, JR. COP MI.P,994031 t"DrP!', rUCL1C-CAL1F0R,NL4 Monterey Cculvj My Comm.E'Vires ZY 9,1997 -A Rd. 1371A-Valley View Road at Appian Way Triangle PARCEL 1 - Robertson Ptn. APN 430-140-034 Dwg. RW1271 - 93 EXHIBIT "A" PARCEL 1: (Slope Easement) Real property in the City of Richmond, Contra Costa County, California, being a portion of PARCEL "A", Subdivision MS 753-80, filed July 9, 1980 in Book 87 at page 32, Parcel Maps of said County, described as follows: Commencing at the most southern corner of PARCEL "A" (87 PM 32); thence along the southeast line of PARCEL"A", north 47°05'13" east 12.98 feet, to the Point of Beginning; thence from the Point of Beginning, continuing along said southeast line, north 47°05'13" east 8.28 feet; thence leaving said southeast line, north 34034'15" east 29.59 feet; thence north 22047'17" west 35.93 feet; thence north 32042'16" west 13.00 feet; thence north 39014'50"west 78.78 feet; thence north 46011'14"west 22.86 feet; thence north 66°15'01" west 35.31 feet to the northeastern right of way line of Valley View Road, being a point on a non-tangent curve concave to the southwest having a radius of 450.00 feet to which a radial bears north 52°00'28" east; thence along the arc of said curve, southeasterly 74.29 feet, through a central angle of 9027'33", to the area shown on said map as dedicated to the City of Richmond; thence along the northeast line of said dedicated area, south 28°31'59" east 117.33 feet, to the Point of Beginning. Containing an area of 5,069 square feet of land, more or less. Bearings are based on the California Coordinate System Zone III (C.C.S. 27). Multiply given distances by 1.0000638 to obtain ground distances. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. LAND SU Signature: Licensed Land Surveyor Contra Costa County Public Works Ep./ -z- No.5999 �l�TFDf CAL\F��\P Date: � MH:jlg c\ex.Applan.034 9/8/93 1