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Home My WebLink AboutMINUTES - 09131994 - 1.9 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: SEPTEMBER 13, 1994 SUBJECT: APPIAN WAY TRIANGLE PROJECT - EL SOBRANTE AREA Project No.: 0662-6R4056 Task: ACQ Account: 3540 Fed. Project No: STPL 5928 (006) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated August 18, 1994, from Andrew C. and Janet C. Serb. B. AUTHORIZE the Public Works Director to execute said Right of Way Contract on behalf of the County. Continued on Attachment: X SIGNATURE: ftx4t 9eea;gx RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON SEP 13 1994 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS _ UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: NW:glo g:\realprop\BOa13b.t9 Orig. Div: Public Works(R/P) ihereby Certify that this Isatrue and oomeetcopyof Contact: Nancy Wenninger(313-2227) an action taken and entered on the minutes of the cc: County Administrator Board of Auditor-Controller(via R/P) ATTESTED: P.W.Accounting PHIL BATCHELOR,Clerk of the Board 9 of Supervisors and County Administrator Recorder(via R/P) By &A Appian Way Triangle Project-EI Sobrante Area Andrew&Janet Serb September 13, 1994 Page Two C. APPROVE payment for said property rights and AUTHORIZE the Auditor-Controller to issue a check for $1,000 payable to Andrew C. Serb and Janet C. Serb, 77 Estate Drive, Orinda, California, 94563, 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. II. Financial Impact: Payment totalling $1,000 which is 89% reimbursable from Federal Aid funds and 11% reimbursable from EI Sobrante AOB funds. Ill. 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: Contra Costa County (/ " Public Works Department Real Property Division 255 Glacier Drive Martinez CA 94553 Attention: Nancy Wenninger FPGA Pro - N o STPL'�g 2 fs'C OO(o� Assessor' Parcel No. 426-261-060 GRANT OF EASEMENT THIS INDENTURE, made by and between ANDREW C. SERB and JANET C. SERB, husband and wife, as joint tenants, 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 described unto the GRANTEE and the GRANTEE's successors and assigns forever. IN WITNESS WHEREOF, the GRANTOR has executed this indenture this P-1 day of A)C , 19 9y . Date �`T-� �- 9q ndrew C. Serb Witness t Ja et C. Serb ATTACH APPROPRIATE ACKNOWLEDGEMENT NW:glo g:\rea(prop\temp\EAACS.t7 July 7,1994 STATE OF CALIFORNIA (Subscribing Witness - Individual) COUNTY OF CONTRA COSTA On August 22, 1994, before me, Roger H. Frost, a Notary Public, personally appeared Nancy H. Wenninger, personally known to me (or proved to me on the basis of satisfactory evidence) 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, California, that she was present and saw Andrew C. Serb and Janet C. Serb, 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 parties' request, subscribed her name as a witness thereto. an A OFFICIAL NOTARY SEAL : ROGER H. FROST NotaryUbIIC Notary Public--Cafi!ornia CONTRA COSTA COUNTY a r y My Comm.Expires APF;28,1995 NW:glo gArealprop\temp\A K12AC S.t8 August 4,1994 Road 1271 - Appian Way Triangle Replacement Parcel 20 - Serb Ptn. APN 426-261-032 Dwg. RW1271-93 Exhibit "A" Parcel 20: (Slope Easement) A portion of Lot 248, San Pablo Rancho, in an unincorporated area of Contra Costa County, California, being a portion of that parcel of land described in the deed to Andrew C. Serb et ux, recorded May 17, 1983 in Book 11254 of Official Records at page 530, records of said County described as follows: Commencing at the most northerly corner of said Serb parcel (11254 O.R. 530)said point lying on the westerly right of way line of Appian Way; thence along the westerly right of way line of Appian Way, south 25°00'00" east 9.55 feet to the Point of Beginning; thence from the Point of Beginning, continuing along said westerly right of way line of Appian Way, south 25°00'00" east 24.51 feet; thence south 7°30'11" east 93.46 feet; thence southerly along the are of a tangent curve concave to the west having a radius of 298.00 feet, through a central angle of 10°18'21", a distance of 53.60 feet; thence leaving the westerly right of way line of Appian Way, north 2°44'27" west 45.21 feet; thence north 10°27'04" west 52.06 feet; thence north 10°21'10" west 73.19 feet to the Point of Beginning. Containing an area of 491 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. Signature: / � FANO �p S�9 Licensed Land Surveyor Contra Costa County Public Works ZL i- 6 Date: Exp S ,[—, 4 No.5999 7H:eh:mg �j9jFOF CAUE��\� g:Serb.t4