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HomeMy WebLinkAboutMINUTES - 08021994 - 1.3 TO: BOARD OF SUPERVISORS 1 FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE AUGUST 2, 1994 SUBJECT: HIGHWAY 4 WIDENING/PHASE 3 - OAKLEY AREA Project No.: 4660-6X4013 Task: ACQ Account: 3540 SPECIFIC Q OJUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant Deed dated July 12, 1994 from Frank B. Tarvin and Jean Tarvin. B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE payment of $32,000.00 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Old Republic Title Company, 3000 Clayton, Concord, CA 94519, Escrow No. 153453-MA to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the office of the County Recorder. if. Financial Impact: Payment of $32,000.00 from Oakley Area of Benefit funds. III. Reasons for Regommendations and Background: These property rights are required for the Highway 4 Widening/Phase 3 project in accordance with the 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. /y�;�r Continued on Attachment:_ SIGNATURE: -//1�GN►� _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): AUG ACTION OF BOARD ON HUG 2 :.,. 1994 APPROVED AS RECOMMENDED OTHER— VOT�OF SUPERVISORS �/ UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: KAM:Io c:602 to rv.t7 I hereby certify that this Is a true and correct copyof Orig. Div: Public Works (R/P) an action taken and entered on the minutes of the Contact: Karen A. McNamer(313-2228) Board of SuQQ the date shown. cc: County Administrator ATTESTED:= 001 " Auditor-Controller(via R/P) PHIL BATCHELOR,Cl '&}the Board P. W. Accounting of Supervisors and County Administrator Recorder(via R/P) _16? I , By -- A w .Deputy Recording Requested By: �• Contra Costa County When Recorded Return to: � p UP Contra Costa County U vv v Public Works Department 255 Glacier Dr. Martinez, CA 94553 Attn: Karen A. McNamer SPACE ABOVE THIS LINE FOR RECORDER'S USE Portion of A.P.N. 037-123-059 Title Company Order No. 153453-MA District County Route Post Mile Number 4 cc 4 32.6 to 33.4 52233-1 GRA-'NT DEED (INDIVIDUAL) For Value Received, FRANK B. TARVIN and JEAN TARVIN, his wife, GRANT to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee and the grantor, for himself, his successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term "grantor"shall include the plural as well as the singular number and the words "himself' and "his" shall include the feminine gender as the case may be). Dated this 4-2-4--day of tk, , 19 AOIAE—, Frank B. Tarvin Je Tarvin ATTACH APPROPRIATE ACKNOWLEDGEMENT KAM:910 c:caldel FT.t4 State Highway 4 Empire Avenue to Vintage Parkway Drawing A-X1121.1 Tarvin, et ux EXHIBIT "A" PARCEL NUMBER 52233-1: (FEE TAKE) A portion of the southwest 1/4 of Section 23, Township 2 North, Range 2 East, Mount Diablo Meridian being a portion of that parcel of land granted to Frank B. Tarvin et ux recorded August 31, 1973 in Book 7036 of Official Records at page 815, records of Contra Costa County, California, described as follows: Commencing at the northwest corner of said Tarvin parcel (7036 O.R. 815); thence south 89007'14" east 104.24 feet thence south 0034'46" west 58.88 feet to the Point of Beginning; thence from said Point of Beginning south 0034'46" west 21.11 feet to the beginning of a tangent curve, concave to the northwest, having a radius of 20.00 feet; thence southerly, southwesterly and westerly along the arc of said curve 31.52 feet through a central angle of 90018'00"to a point on a line parallel with and 30.00 feet northerly from the centerline of Highway 4; thence along said parallel line north 89007'14" west 84.15 feet to the west line of said Tarvin parcel (7036 O.R. 815); thence along said west line north 0°34'46" east 20.00 feet; thence leaving said west line south 89007'14" east 83.14 feet; thence north 45034'46" east 29.85 feet to the Point of Beginning. RELINQUISHMENT OF ABUTTER'S RIGHTS The Grantor hereby releases and relinquishes any and all abutter's rights of access appurtenant to State Highway 4 along the previously described courses in PARCEL NUMBER 52233-1 above: 1) south 89007'14" east 83.14 feet,2) north 45034'46" east 28.85 feet. Containing an area of 2,222 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone III (CCS 27). Multiply given distances by 1.00006296 to obtain ground distances. This real property descri i has been prepared by me or under my direction, in conformance with the Professional L eyors Act. Y��tiD SiJq/� Signature: censed Land Surveyor ontra Co to unty Public Works `� N11- ell ;� 59 w 1 Date: 9 � BLS:jlg 6ez:Tarvin.fee 519194 1 STATE OF CALIFORNIA (Subscribing Witness - Individual) COUNTY OF CONTRA COSTA On July 18, 1994, before me, Roger H. Frost, a Notary Public, personally appeared Lydia Lucy Owens, personally known to me to be the person whose name is subscribed to the within instrument, as a witness thereto, who being by me duly sworn, deposed and said: That she resides at 255 Glacier Drive, Martinez, that she was present and saw Frank B. Tarvin and Jean Tarvin, personally known to her to be the same persons described in and who executed the within instrument as the individuals therein named and acknowledged to me that the individuals executed it; and that said parties duly acknowledged in the presence of said affiant, that they executed the same and that said affiant, thereupon at the partyies' request, subscribed her name as a witness thereto. OFFICIAL NOTARY SEAL >>, ROGER H.FROST Not ry Public F _ =":''>'; itoT�a,ya�.taJiC--c,�li,ornia ' c-y's.i.,="� CONTrIA COS TA COUNTY ' My Comm.Expires APR 28,1995 IO c:AKl2tar.t7 July 18, 1994