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HomeMy WebLinkAboutMINUTES - 09182001 - C.2 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: September 18, 2001 SUBJECT: State Route 4 East/ Railroad Avenue to Loveridge Road, Pittsburg area. Project No.: 4660-6X4287 Task: ACQ Account: 3540 SCH# 2000112007 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant Deed listed below: GRANTOR DOCUMENT DATE PAYEE AMOUNT Newfoundland Grant Deed Aug. 30, 2001 Placer Title Company $1,052,500 Investment Co. 1981 N. Broadway Suite 302 Walnut Creek, CA 94596 Escrow#6153875 B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE payment as listed above for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to the listed payee, to be forwarded to the Real Property Division for delivery. Continued on Attachment: x SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRA R RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON Sept . 18 , 206RPROVED AS RECOMMENDED , OTHER VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the KAL:eh minutes of the Board of Supervisors on the G:\GrpData\RealProp\2001-Files\BOs&RES\B04 Newfoundland.doc date shown. Orig. Div: Public Works(R/P) ATTESTED: September 18 , 2001 Contact: Karen Laws(313-2228) JOHN SWEETEN, Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(via R/P) PW Accounting By Deputy Recorder(via R/P) �� Subject: State Route 4 East/ Railroad Avenue to Loveridge Road, Pittsburg area. Date: September 18, 2001 Page: 2 I. Recommended Action: (Continued) D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the office of the County Recorder. II. Financiallmpact: Payment totaling $1,052,500 from funds which are 100% reimbursable from Contra Costa Transportation Authority. Ill. Reasons for Recommendations and Background: The Board of Supervisors ADOPTED the Mitigated Negative Declaration/Finding of No Significant Impact on March 27, 2001. These property rights are required for the construction of an expanded freeway along the southern portion of State Route 4 in the City of Pittsburg 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. Recording Requested By: Contra Costa County When Recorded Return to: Contra Costa County 1 Public Works Department CQ 255 Glacier Dr. Martinez, CA 94553 Attn: Karen A. Laws SPACE ABOVE THIS LINE FOR RECORDEKS USE A.P.N.088-030-071, 022 ' Title Company Order No. 6153875 District County Route Post Mile Number 4 cc 4 37.1 57984 GRANT DEED (INDIVIDUAL) For Value Received, NEWFOUNDLAND INVESTMENT COMPANY, LLC, a Delaware Limited Liability Company, GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Pittsburg, County of Contra Costa, State of California. FOR DESCRIPTION SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF. Dated this day of 2001. NEWFOUNDLAND INVESTMENT COMPANY, LLC By: Hudson Bay Partners, LP, a Delaware limited partnership, Managing Member By: Hudson Bay Partners, Inc., a New York corporation, general partner David Lesser, President ATTACH APPROPRIATE ACKNOWLEDGEMENT A:ICALDE•1 NewFoundland.doc 7!10!01 ZOOz 1F3 6t :TT 311.. TOOZi60i60 State of Ne,141 p n K ) County of S U'a r-o t- Ic ) On �Zq Zoml before me, Sd,er Err - F4,ZOIL , a Notary Public, personally appeared Q-A 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 capacity(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. Notary Public SHEILA H.FARON "GUM Public.State Of Now'**:. No-OIFA6O58301 n� �nKi lon blur s1 O5IO7/ D09 1 C000 T`r4 OS:TT 311,E TOOZ/t•Oi60 04-CC-4 KP-37.0 PARCEL 57984 Exhibit"A" Parcel 1 (57984-1� Being a portion of those certain parcels of land conveyed to the Newfoundland Investment Company, LLC a Delaware corporation, described in the Grant Deed(s) recorded April 13, 1999 bi Document No. 98-0078372-00 and in Document No. 98-0078376-00 in the Official Records of Contra Costa County,same being portions of Parcel(s)A& B as shown on Parcel Map PMS 7601 filed July 14, 1976 in Book 46 of Parcel Maps at Page 38 in the Official Records of Contra Costa County;more particularly described as follows: Commencing at the southwest corner of parcel five (5) as described in the grant deed to Newfoundland Investment Company per Document No. 98-0078372-00 mentioned above, same coater being on the east line of Crestview Lane (a non-exclusive easement per Book 6016,at Page 414) and on the west line of said Parcel A; Thence along the west line of said parcel five(5),North 17°42' 14"East, 4.985 meters to the Point of Beginning hereof; Thence continuing along the west line of Parcel A, same being the said Newfoundland Investment Company per Document No. 98-0078372-00 for the following two(2)courses:North 17°42' 14" East, 13.640 meters to the beginning of a tangent curve to the right, and in a northeasterly direction 10.064 meters along the arc of the said curve to the right, having a radius of 6.096 meters and through a central angle 94° 36' 00" to the most northerly northwest corner.of Parcel A, same corner being on the south line of Frontage Road as described in a Grant Deed to the City of Pittsburg in Book 3142, at Page 340 in the Official Records of said County; Thence along the common line between the Newfoundland parcel(s) and the south line of Frontage Road for the following three (3) courses: South 67° 41' 46" East, 143.036 meters to the beginning of a tangent curve to the right,and in a southeasterly direction 38.288 meters along the arc of said curve to the right,having a radius of 29.869 meters and through a central angle of 73° 26' 49"; Thence leaving said common line across the Newfoundland parcel for the following four(4) courses:North 68° 42' 24" West, 84.533 meters and North 62" 59' 43" West, 36.173 meters, and North 680 42'24"West, 12.229 meters to the beginning of a tangent curve to the right, and in a westerly direction 43.852 meters along the arc of said curve to the right, having a radius of 1.385.229 meters and through a central angle of 01*48' 50"to the Point of Beginning. Containing 3616.5 Square meters of land area,more or less s re operty descri i n p ed by me,or under my direction,vi conformance with the Professional d Su rs A Se� 1 Alf© Jp�r SHD�'T o v Scott A. Shortlidge Date n Licensed Land Surveyor California No. 6441 t00 ] TFd OS:TT IIJ TOOZit0i60 04-CC-4 I{P-37.1 PARCEL A57984 Exhibit "A" Being portions of those certain parcels of land described in the Grant Deeds conveyed to the Newfoundland Investment Company, LLC a Delaware corporation, recorded April 13, 1998 as document number 98-0078372-00 1998 and in Document No. 98-0078376-00 in the Official Records of Contra Costa County, same being portions of Parcels A & B as created by Parcel Map PMS 7601 filed July 14, 1976 in Book 46 of Parcel Maps at Page 38 in the Official Records of said County; more particularly described as follows: Parcel 1 (A57984-2): Beginning at the southwest corner of parcel five (5) as described in the grant deed to the Newfoundland per Document No. 98-0078372-00 mentioned above, same corner being on the east line of Crestview Lane (a non-exclusive easement per Book 6016, at Page 414); Thence along the common line between the Newfoundland Investment Company parcel and Crestview Lane, North 17' 42' 14" East, 4.985 meters to the beginning of a curve to the left, from which point the center bears North 23° 06' 25" East; Thence leaving the aforementioned conunon line and crossing through the Newfoundland Investment Company parcels(s)for the following four(4) courses: in a easterly direction 43.852 meters along the arc of the curve to the left,having a radius of 1385.229 meters and through a central angle of 01' 48' 50"and South 68142' 24"East, 12.229 meters and South 620 59' 43"East, 36.173 meters and South 681 42' 24" Fast, 84.533 meters to the curving east line of the Newfoundland Investment Company parcel per Document No. 98-0078376-00, being a curve to the right from which point the center bears North 84' 14' 57"West,same corner being on the west line of Frontage Road as described in the Grant Deed to the City of Pittsburg recorded in Book 3142, at Page 340 in the Official Records of said County; Thence along the common line between the Newfoundland Investment Company parcel and the west Line of Frontage Road for the following two (2) courses: in a southerly direction 6.228 meters along the arc of said curve to the right, having a radius of 29.869 meters and through a central angle of 11' 56' 52", and South 17' 41' 55"West, 3.686 meters; Thence leaving said common line and crossing through the Newfoundland Investment Company parcel, North 65' 35' 56" West, 42.358 meters to the southeast corner of the said parcel five(5); Thence along the south line of parcel five (5),North 65' 48' 55"West, 135.428 meters to the Point of Beginning. Containing 1192.4 Square meters of land area,more or less. CON7V UED ON THE NEYT PAGE s00z TFd OS:TT 311,, TOOZ/to/60 Parcel 2 (A57984-3): Commencing at the southeast corner of the Newfoundland Investment Company parcel Document No. . 98-0078376-00, same corner being on the south line of Frontage Road, as described in a Grant Deed to the City of Pittsburg in Book 3142,at Page 340 in the Official Records of said County; Thence along the common line between the Newfoundland Investment Company parcel Document No. 98-0073376-00 and Frontage Road,North 17° 41' 55" East, 8.817 meters to the Point of Beginning hereof, Thence leaving said common line and crossing through the Newfoundland parcel, North 65° 46' 02"West, 42.339 meters to the point of intersection with the west line of the Newfoundland Investment Company parcel Document No. 98-0078376-00, same corner being on the east line of that parcel of land conveyed to Albertson's, Inc., a Delaware corporation described in the Grant Deed recorded April 13, 1998 in Document No. 98-0078374-00 in the Official Records of said County; Thence along the common line between the Newfoundland Investment Company parcel Document No. 93-0078376-00 and the said Albertson's parcel,North 17° 35' 15"East, 2.439 meters; Thence leaving said common line and across the Newfoundland Investment Company parcel Document No. 98-0078376-00, South 65° 35' 56" East, 42.358 meters to the aforesaid common line between Newfoundland Investment Company parcel Document No. 98-0078376-00 and Frontage Road; Thence along said common line, South 17° 41' 55" West,2.313 meters to the Point of Beginning. Containing 100.0 Square meters of land area, more or less. Parcel 3 (A57984-4): A temporary easement to terminate on December 31, 2004, for highway construction purposes, and incidents thereto, upon, over and across the following described parcel of land: Beginning at the southeast corner of the 100 square meter public utility easement described above; Thence along the common line between the above mentioned Newfoundland Investment Company parcel Document No. 98-0078376-00 and the west line of said .Frontage Road, South 171 41' 55" East, 7.549 meters; Thence leaving the aforementioned common line and crossing through the Newfoundland parcel, North 650 46' 02" West, 42.325 meters to a point on the west line of the Newfoundland investment Company parcel Document No. 98-0078376-00, same corner being on the east line of that portion of land conveyed to Albertson's, Inc., a Delaware corporation, described in the Grant Deed recorded April 13, 1998 in Document No. 98-0078374-00 in the Official Records of said County; Thence along the common line between the Newfoundland Investment Company parcel Document No. 98-0078376-00 and CONTINUE•D ON THE MUT PAGE 9001. TFd TS:TT 311.E TOOZ/foi6o the said Albertson's parcel,North 17° 35' 15"East, 7.551 meters; Thence leaving said common line and across the Newfoundland Investment Company parcel Document No. 98-0078376-00, South 65° 46' 02" East,42.339 meters to the Point of Beginning. Containing 317.5 Square meters of land area,more or less. Bearings and distances used in the above description are based on the California Coordinate System of 1983,Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. b o ���~a��a S oRfes 0 0,9 Scott A. Shortlidge Date �. Licensed Land Surveyor California No. 6441 Ha 6441 L002 ZFd TS:TT 311.E TOOZit0i60 u `a. b a a ` 'V rr �7FL17_ NGE cli _ a �, • Z� 134 aY"'1.55� 2,685 o i 7 3 m� N04, � o o s lYr cm u 1; U In O y Z 3 m I N iT P a t^ ��� 1 ✓o "A �3Z b6r o N z ' Q l 2 rA Z Q• d¢� v� GG G IS 9 O r fl r dt ; Q p n G J Q 6. N J W r �/ a �y �Q '2 , O J6 p0 f1 � ip O `No 00 it n J Z 1 •�•'E i� a N 4. Q 14 't N SS•39C ��Z �� 8 '� x ` `�•a2,a'E �J Z O �.tj q�ZS too�l�'0�60 good