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HomeMy WebLinkAboutMINUTES - 11052002 - C8-C11 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHILL, PUBLIC WORDS DIRECTOR DATE: November 5, 2002 SUBJECT: State Route 4 East, Railroad Avenue to Loveridge Road, Pittsburg Area, SCH#200011207 PLoject No.:4660-6X4287 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION 1. Reenmmended Actinn: A. APPROVE the Relocation Assistance Claim listed below: CLAIMANT CLAIM DAIS PAYEE AMOT TNT Dr. Scott's RV Clinic Moving Expense 10/07/02 Dr. Scott's RV Clinic $15,211.93 B. AUTHORIZE the Principal Real Property Agent to sign said claim form on behalf of the County. C. AUTHORIZE the Auditor-Controller to issue a check in the amount of$15,211.93 payable to Dr. Scott's RV Clinic, 2411 W. 10th St., Bay 8 Court, Antioch, CA 94509 for moving expenses, to be forwarded to the Real Property Division for delivery. IL Financial Impact: Payment totaling $15,211.93 to be made from the State Route 4 East Widening Project, Railroad Avenue to Loveridge Road, which is 100% reimbursable from Contra Costa Transportation Authority. III. Reasons fnr Recommendations and Rack rannd: Dr. Scott's RV Clinic was a tenant in a building from which he was displaced because of the highway- widening project. The payments are part of the relocation entitlement required by Government Code § 7260, et. Seq. IV. C"n, nsennences of Negative Actinn: The County will not be in compliance with State and Federal law. Continued on Attachment:® SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE !!�-'APPROVE THER SIGNATURE(S): ACTION OF BOA N NOVEMER 05, 2002 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPE ISORS XX UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. CS:eh ATTESTED NOVEMER 052 G:\GrpData\RealProp\2.002-Files\BOs&RES\BODrScottFinal.doc , 200 JOHN SWEETEN, Clerk of the Board of 2 Orig.Div: Public Works{RIP) Supervisors and County Administrator Contact: Cheryl Sousa(313-2223) cc: County Administrator Auditor-Controller(via R/P) By Deputy e P.W.Accounting L.Dalziel,Adm. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 5, 2002,by the following vote: AWES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 654 SUBJECT: Approval of the Parcel Map for Minor Subdivision 14-97,being developed by Pflum Family Revocable Trust(David Pflum, Trustee), Alamo area. (District III) The following document was presented for Board approval this date: The parcel map of Subdivision MS 14-97,property located in the Alamo area,Supervisorial District III, said map having been certified by the proper officials; Said documents were accompanied by: Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full and that the supplemental tax lien,which became a lien on the first day of January 2002, is estimated to be $0. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets,paths or easements shown thereon as dedicated to public use. I hereby certify that this is a true and correct copy of an KD;cw action taken and entered on the minutes of the Board of G:1GrpBata\EngSvc113012002111-05-02WS 14-97130-14.doc Supervisors on the date shown. OrWnator:Public Warks(ES) Contact; Rich Lierly(313-2348) ATTESTED: NOVEMBER 05. 2002 c: current Plarming,ccmnnmiry Development JOHN SWEETEN, Clerk of the Board of Supervisors and PflumFamily Revocable crust County Administrator David Pflum(crustae) 110 W.Bertrand St Marys,KS 66536 Bye . ,Deputy RESOLUTION NO.2002/ 694 Tax G 1lector's Office William J.Pollacak 625 Court street Contra aunty Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 Costa Joseph L.Martinez Martinez,California 94553- ✓ +� Assistant Tax Collector 0063 (925)646-4122 Comb/ Joslyn Mitchell (925)546-4135 FAX ��11 Tax Operations Supervisor Date: 10/7/2002 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2002, THIS LETTER IS VMD This will certify that I have examined the map of the proposed subdivision entitled: Tract!MS# Clt tt T.R.A. 97-14 ALAMO 66047 Parcel#: 193-130-030-3 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector It � .� ; • IVA .� 91 -44 Ln 4A OA Olt n '4ia 1� ,tib ii l` �� r10 9 7y� a Qi w� s rLse• � i ,r, � NyMaJ Vic Wood 11 "B 6661-C► �° C) b11 i CS i36 } t N t N t»t3 s3.aa TOTAL Si„(•!a* f � rn tt 43.x2• ` F S1110,141*....J ' t7 ' tb 14' �f li; ai94'Ds''Y4 kid'acs #Q04"" va e r PA Ig Ilk , DA l N N Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 5, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 695 SUBJECT: Acceptance of Instrument for Grant Deed of Development Rights (Creek Structure Setback) for Minor Subdivision 14-97, being developed by Pflum Family Revocable Trust(David Pflum, Trustee),Alamo area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Grant Deed of Minor Subdivision Pflum Family Alamo III Development 14-97 Revocable Trust Rights (Creek (David Pflum, Structure Setback) Trustee) IfD:cw I hereby certify that this is a true and correct copy of an action G:\CarpData\Engsvc\Bo12002111-05-02\MS 14-97 BO-30.doc taken and entered on the minutes of the Board of Supervisors on the date shown. Originator: Public Works(ES) Contact: Rich Lierly(313-2348) c: Recorder(via Title Co.)then PW Records ATTESTED: NOVEMBER 05, 2002 Current Planning,Conunu pity Development Depar9nent Pflum Family Revocable Trust JOHN SWEETEN,Clerk of the Board of Supervisors and County David Pflum(trustee) Administrator I10 W.Bertrand St Marys,KS 56536 By — ,Deputy RESOLUTION NO.2002/ 695 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Alamo Subdivision: MS 970014A APN: 193-130-006 GRANT DEED OF DEVELOPMENT RIGHTS (CREEK STRUCTURE SETBACK) To meet condition of approval number 29,David Pflum,trustee of the PFLUM Family Revocable Living Trust(Owner)hereby grants to the County of Contra Costa,a political subdivision of the State of California(Grantee) and governmental successor or successors of said county, the future development rights,as defined herein below over a portion of that real property known as Restricted Development Area of Subdivision MS970014A, situated in the County of Contra Costa, State of California and more particularly described in Exhibit "A". Development rights are defined to mean and refer to the right to approve of any proposed construction,development or improvement within the areas marked"restricted development area." The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current Owner and any future Owner of all or any portion of said property.In the event of a disapproval of proposed construction by Grantee or successor Grantee, said proposed construction shall not be performed. Grantee, or successor Grantee,may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee,or successor Grantee,may deem appropriate. The undersigned executed this instrument on 14,0 (Date). PFLUM Family Revocable living Trust David Pflum (See attached notary) Subdivision MS970014A (Creek Structure Setback) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California,described as follows: A portion of Parcels "A and B", designated as "Restricted Development Area (Creek Structure Setback)" shown on the parcel map of MS979014A, on file at the County Recorder's Office as follows: Date: Book: Page: CP i-IFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of lfC�n {4 OPTIONAL SECTION County of /=� qr,�/g ^'1 p_ CAPACITY CLAIMED BY SIGNER On `■05-0 befOie me, , Though statute does not require the Notary to fill in TB TITLE OF OMCER B.O.,')ANB DOE,NOTARY PUBLIC' the data below,doing so may prove Invaluable to personally appeared Lpersons relying on the document. S)OF SIONMS) 0 INDIVIDUAL David Pflum, Trus ee—Pf urn Family Rev.liv Trust 0 CORPORATEOFFICER(S) personally known to the-OR-0 proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are TITLE(s) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED _ the same in his/her/their authorized 0 GENERAL - capacity(ies),and that by his/her/their signature0 ATTORNEY-lN-FACT s)on the instrument the person(s)or 0 ATTOR E(S} Aran M.Barthuly the entity upon behalf of which the person(s) 0 GUARDIAN/CONSERVATOR N tz�ly Pubiit;-State of Kansas acted,executed the instrument. D OTHER: a l—CJ WITNESS my hand and ofticia seal, My ppt.EXP. al SIGNER IS REPRESENTINGt t NAME OF PERSON(S)OR ENTITY(IES)l �.. -. -.- -.,• -' —— SIGNATURE OF NOTARY ITJV* s� OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. EQS -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 19. SIGNATURBS E R INDIVIDUALS-The"name must be signed exactly as it is printed or typed. The signer's interest in the . property must be stated. III. SIQN4U=S TOR PARTNERS S - Signing parry must be either a general partner or be authorized in writing to have the authority o sign ign or and R07ffie partnership. IV. SIGNAIMS FOR-COR ORATIO4§ Documents should a signed by two officers,one from each of the following two groups: GROUT' 1. air of the Board Na({b})The President c Any Vice-President GROUT'2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures front only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:aw \YWS11StiAitDATA ShpihtrlBeglSvc'YonwNWORD FORMSIAI.L PURPOSB NOTARYAx Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 5, 2002 by the following vote: AYES: SUPERVISORS UILKE'MA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 696 SUBJECT: Acceptance of Instrument for Release and Indemnification for Minor Subdivision 14-97, being developed by Pflum Family Revocable Trust(David Pflum, Trustee),Alamo area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Release and Minor Subdivision Pflum Family Alamo III Indemnification 14-97 Revocable Trust (David Pflum, Trustee) I hereby certify that this is a true and correct copy of an action taken KD:cw and entered on the minutes of the Board of Supervisors on the date G:\0rpData\Eng5vc\B0\2002\l 1-05-02WS14-97 BO-30 RIs&Indemdoc shown. Originator: Public Works(ES) Contact: Rich Lierly(313-2348) NOV}' ER 05, 2002 c: Recorder(via Title Co.)then PW Records ATTESTED: Current Planning,Corn umityDeveloprnentDeparnnent JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By '2'' y Deputy RESOLUTION NO.2002/ 696 Recorded at the request of. Contra Costa County Hoard of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Alamo Subdivision: MS 14-97 APN: 193-130-006 RELEASE AND INDEMNIFICATION I,David Pflum,trustee of the Pflum Family Revocable Living Trust(the Trust),declare the following: A. This Trust is the owner ofthe property located at 2124 Stone Valley Road,California,as described in the Deed to us,recorded March 11, 1993,in Book 13341 of Official Records at page 744(the"Property'). B. We have obtained the acceptance of the Board of Supervisors for filing of Parcel Map for MS 14-97. C. In consideration of the granting of said acceptance,the Trust hereby releases the County of Contra Costa,the Contra Costa County Flood Control District and their respective officers,agents and employees from any claim,cost,or liability arising out of or in connection with any damage to the site improvements resulting from damage to the on-site improvements as a result of creek-bank failure or erosion.. Dr In further consideration of the granting of said acceptance, the trust, hereby agrees to defend, indemnify and hold said County,the Contra Costa County Flood Control District and their respective officers, agents,and employees harmless from any claims,costs,demands,expenses or liability,including without limitation all consequential damages,arising out of or in connection with any damage to the site improvements resultingfrom damage to the on-site improvements as a result of creek-bank failure or erosion. E. This Agreement is an instrument affecting the title or possession ofthe real property described above and shall inure to the benefit of the County of Contra Costa and shall be binding on all our heirs,successors and assigns of said Trust. The undersigned executed this instrument on Q d (date). �n PFLUM Family Revocable Living Trust By David Pflum JD:lad G:\CiipData\BagSvc\Ken\2002\01JanuerylMS 1497 AG-23.doc tis CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of 1`�Q 1 S O.S -------- OPTIONAL SECTION County of 1%g LW �f}m 1 CAPACITY CLAIMED BY SIGNER on before rile, Though statute does not require the Notary to All in TI NAW tic.B aP o.,^Axa nab xoT YUB c^ the data below,doing so may prove invaluable to f!- persons relying on the document. Personally appeared David Pflum, Tru tee—Pftz �ICi � Rev. Liv.Trus 0 INDIVIDUAL ,personally known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) he the persons)whose name(s)is/are TITLE(s) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LNITED the same in hi0ber/their authorized 0 GENERAL capscity(ies),and that by his/her/their 0 ATTORNE1t-IN«FAC:T signaturc(s)on the instrument the person(s)or ,TRUSTEfi(S) the entity upon behalf of which the person(s) 0 TRUSTEB(S)GUARDIAN/CONSERVATOR Ann M.Barthuly acted,executed the instrument. 0 OTHER: FN04tairY Public;-State of Kansas WITNESS my hand and official seat, SIGNER IS REPRESENTING: Ct.EXfy. tNA IS of PERSONS)OR MMTY(MS)) r' .SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the-data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form — IlVSTRU011ONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the fallowing to be acceptable to Contra Costa County. I. FOR ALL SIGNATU -The:name and interest of the signer should be typed or printed BENEAM the signature. The name must be signed exactly as it is typed or printed. 111. QQhAj=FOR INDIVIDUALS-The'ftame must be signed exactly as it is printed or typed. The signer's interest in the . property must be stated. M. S m Signing party trust be either a general partner or be authorized in writing to have e authority to sign for and bindpartnership. IV. R Documents should e signed by two officers,one from each of the following two groups: GROUP 1. The Chair of the Board The President Na Any Vice-President GROUP 2. Nc The Secretary An Assistant Secre The Chief FinancialI I icer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instrumonts of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." versa 11PW8413itARDATA�Citpr iHn�SwrPort�eSwORI1FOR,WAI KWOSBNOTARY.dw r