HomeMy WebLinkAboutMINUTES - 08142007 - C.11 TO: BOARD OF SUPERVISORS, AS GOVERNING �-
Contra
.BOARD OF THE FLOOD CONTROL& WATER �� `•
CONSERVATION DISTRICTCosta ,
FROM: MAURICE M. SHIU, CHIEF ENGINEER Y` County
srt courr(�
DATE: August 14, 2007
SUBJECT: Find that real property transactions between two public agencies under the threat of condemnation are
ministerial acts and are therefore statutorily exempt from CEQA and APPROVE Notice of Intention to
convey property to the State Route 4 Bypass Authority, Oakley and Antioch areas.
(District 111)Project No.:4660-6X4373 Deerings Water Code,Act j 1656
[SCH# 2004072075, SCH 890328241 Gov. Code 525365
SPE(.;
SUBJECT: FIND that real property transactions between two public agencies under the threat of condemnation
are ministerial acts and are therefore statutorily exempt from CEQA and APPROVE Notice of
Intention to convey real property to the State Route 4 Bypass Authority, Antioch & Oakley areas.
(District III)Project No.:4660-6X4373 [SCH# 2004072075, SCH 89032824]
DATE: August 14, 2007
PAGE: 2 of 2
RECOMMENDED ACTION: (con't)
C. DECLARE that this Board will meet on September 11,2007 at 9:30 a.m.or thereafter,in the Board's Chambers,
County Administration Building,Martinez,California,to consummate this conveyance by a four-fifths vote and
the Clerk of this Board is DIRECTED to publish the attached notice in the Contra Costa Times pursuant to
Government Code Section 6061.
FISCAL IMPACT:
The Bypass Authority will pay the Flood Control District $796,500.00 for the above real property rights upon
consummation of the sale.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
These property rights are required for the State Route 4 Bypass-Laurel Road Extension project in accordance with
approved plans and specifications. Because the State Route 4 Bypass Authority has the power of eminent domain
the real property transaction is exempt from CEQA.
CONSEQUENCES OF NEGATIVE ACTION:
If the Flood Control District were not to convey these property rights,the project will not have sufficient land rights
to allow construction in accordance with the approved plans and specifications.
Laurel Road Extension Parcel 21
Exhibit "A"
Three parcels of land situate in the City of Antioch, Contra Costa County, California; same parcels
being portions of those certain parcels of land described in the Grant Deed to the Contra Costa
County Flood Control and Water Conservation District recorded August 14, 1987 in Book
13838, Page 552, Official Records of said County, and that certain parcel of land described as Parcel
1713.1 in the Grant Deed to the Contra Costa County Flood Control and Water Conservation
District recorded January 5, 1993 in Book 18179, Page 299, and that certain parcel of land described
in the Grant Deed to the Contra Costa County Flood Control and Water Conservation District
recorded October 16, 1989 in Book 15413, Page 482, Official Records of said County; same parcels
being more particularly described as follows:
Parcel 21-1 /Fee Property for Laurel Road Extension:
Commencing at the northeast corner of the northwest quarter of Section 34, Township 2 North,
Range 2 East, Mount Diablo Meridian, Thence along the east line of the northwest quarter of said
Section 34, South 01°12131"West, 885.71 feet to the TRUE POINT OF BEGINNING; Thence
leaving the east line of the northwest quarter of said Section 34, North 8929'12" East, 33.30 feet,
Thence North 52°33'34"East, 41.81 feet to a point on the southwesterly line of the Union Pacific
Railroad described in the document recorded January 30, 1872 in Book 22 of Deeds, at Page 510,
said point being the beginning of a non-tangent curve to the right whose center bears South
51044'24.9" West, 22952.74 feet; Thence southeasterly along the arc of said non-tangent curve to
the right and along said southwesterly line of the Union Pacific Railroad, through a central angle of
00118'52.6", an arc distance of 126.03 feet; Thence leaving said southwesterly line of the Union
Pacific Railroad the following ten (10)courses: (1)South 520 33'34" West,46.20 feet,(2) South 050
43' 30" West, 64.24 feet, (3) South 520 33' 34" West, 127.30 feet,(4) South 23"43'26" West,39.78
feet, (5) South 520 33' 34" West, 379.01 feet, (6)North 37° 26' 26" West, 193.06 feet,(7)North 520
Page 1 of 4
VAB1-53012 Laurel`d and Descriptions\21-CCC Flood Control Rev 7-10-2007.doc
Laurel Road Extension Parcel 21
33' 34" East, 386.43 feet, (8)North 00°29' 10" East, 44.63 feet, (9)North 52° 33' 34" East, 126.02
feet,and(10)North 890 29112"East, 26.94 feet to the TRUE POINT OF BEGINNING.
Containing 2.75 acres(119,793 square feet),more or less.
Parcel 21-21 Slope Easement:
An easement for Slope purposes and incidents thereto upon,over,and across the certain real property
described as follows:
Commencing at the northeast comer of the northwest quarter of Section 34, Township 2 North,
Range.2 East, Mount Diablo Base and Meridian;Thence along the east line of the northwest quarter
of said Section 34, South 01612131"West,1141.13 feet to the TRUE POINT OF BEGINNING,
being a point on the southerly line of the above described Parcel 21-1; Thence along the southerly,
line of said Parcel 21-1 the following four (4) courses: (1) North 23°43'26" East, 13.66 feet; (2)
North 52033'34" East, 127.30 feet; (3) North 5043'30" East, 64.24 feet; (4)North 52033'34" East,
46.20 feet to a point on the southwesterly line of the Union Pacific Railroad described in the
document recorded January 30, 1872 in Book 22 of Deeds, at Page 510, said point being the
beginning of a non-tangent curve to the right from which point the center bears South 52°03' 17.5"
West, 22952.74 feet; Thence southeasterly along the arc of said non-tangent curve to the right,
through a central angle of 00° 15' 37.5", an are distance of 104.32 feet; Thence leaving said
southwesterly boundary of the Union Pacific Railroad the following two (2) courses: (1) South 520
33'34" West,266.85 feet, (2)North 37°26'26"West, 38.28 feet to a point on the southeasterly line
of said Parcel 21-1; Thence along the southeasterly line of said Parcel 21-1 the following two (2)
Page 2 of 4
W81-530121awc11l.and Descriptions121-CCC Flood Control Rev 7-10-2007.doc
Laurel Road Extension Parcel 21
courses: (1)North 52' 33'34" East, 13.88 feet, (2)North 230 43' 26" East, 26.12 feet to the TRUE
POINT OF BEGINNING.
Containing 0.41 acres(17,929 square feet),more or less.
Parcel 21-31 Slope Easement:
An easement for Slope purposes and incidents thereto upon,over,and across the certain real property
described as follows:
Commencing at the northeast corner of the northwest quarter of Section 34, Township 2 North,
Range 2 East, Mount Diablo Base and Meridian,Thence along the east line of the northwest quarter
of said Section 34, South 01°12'31"'West, 885.71 .feet to the TRUE POINT.OF BEGINNING,
being.a point on the northwesterly line of the above described'Parcel 21-.1; Thence .along. the
northwesterly line of said Parcel 21-1 the following two(2)courses: (1)North 89°29'12"East;3330
feet, (2)North 52°33'3.4." East, 41.81 feet to a point on the southwesterly line of the Union Pacific
Railroad described in the document recorded January 30, 1872 in Book 22 of Deeds, at Page 510,
said point being the beginning of a non-tangent curve to the left from which point the center bears
South 51'44'24.9" West, 22952.74 feet; Thence northwesterly along the arc of said non-tangent
curve to the left, through a central angle of 00°14'38.6", an arc distance of 97.77 feet; Thence
leaving said southwesterly line of the Union Pacific Railroad the following five (5) courses: (1)
South 52°33'33"West,261.94 feet; (2)South 37°26'26"East, 65.03 feet;(3)South 4923'29"West,
278.23 feet, (4) South 51'13'52"West, 88.52 feet; (5) South 37026'26"East, 14.31 feet to the most
westerly comer of said Parcel 21-1; Thence along the northwesterly line of said Parcel 21-1 the
following four(4) courses: (1) North 521133'34" East, 386.43 feet, (2) North 00029'10"East, 44.63
Page 3 of 4
VA81-53012 ls+.nl Ani Descriptions\21-CCC Flood Control Rev 7-10-2007.doc
Laurel Road Extension Parcel 21
feet; (3) North 52°33'34" East, 126.02 feet, (4) North 8902912"East, 26.94 feet to the TRITE
POINT OF BEGINNING.
Containing 0.64 acres(27,764 square feet),more or less.
This description has been prepared at Mark Thomas&Company, Inc.,by me,or under my direction,
in conformance with the Professional Land Surveyor's Act.
SND SU9`
*
EV.12-31
Jl No.4998 \�
9lFDf ca��F° r 700-7.
LarryJ hn on Date
Professio al and Surveyor
California No.4998
Page 4 of 4
VA81-53012 LaurrhLand Dcscriptions\21-CCC Flood Control Rev 7-10-2007.doc
PORTION OF SECTION 34,T25, R2E, MDIL&M *C
NORTH a COR. OF SEC.
1 34—T2S, R2E, M.D.B.&M.
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POC = POINT OF COMMENCEMENT Ln O\
M8 = TRUE POINT OF BEGINNING
ao
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GRAPHIC SCALE
goo o so loo N89'29'12"E 33.30'
N89'29'12"E 26.94'
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9lF CAt E ��\ CCC- Flood Control �10
8t Water Conservation
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15413 OR 482
9
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FEE TAKE 8t Water Conservation
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APN 053M-MO
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V 26� �yjyy APN 053009 EAST LINE OF THE NW
1/4 SEC. 34—T2S,
CCC- Flood Control R2E, M,D.B.&M.
00 A Water
D�t�rrct5eMtion CENTER j COR. OF
SEC. 34—T2S, R2E,
0
SEE SHEET 2 FOR M.D.B.&M.
SLOPE EASEMENTS
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a
Mark LAUREL ROAD OVERCROSSING
Thomas In Contra Costa
Company, CCC FLOOD CONTROL 8 NICD County, California
Inc.
Scale: 1"— 100'
Date 12—July-2007 EXHIBIT - a SHEET I OF 2
Y Drawn By JIDP Plot to Accompany Lego! Description
Checked By TRB
PORTION OF SECTION 34,T2-% R2E, MD.&&M MC— NORTH 4 COR. OF SEC.
34-T2S, R2E, M.D.B.&M.
POC = POINT OF COMMENCEMENT
VW = TRUE POINT OF BEGINNING
(J)R=22952.74' (3)R=22952.74'
h--014'3B.6* 8-401637.5"
L-97.77' L=104.32' 4
co 0 in
x co
R=22952.74'
0s'o 410
L=126.03'
6
C3
PARCEL 21-3 AN
2
M#AC
SLOPE ESME 1p N89-2 33.30'
9'12*E
GRAPHIC SCALE N -z7-N89'29'1 21
0 100
26.94'
N52"33*34'E
46.20' 3
IN F S 72626*E N05*43'30*E
65.03' r1Ln 64.24'
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15413 OR 482
PARCEL 21.2
4lf OF 01 QQ*AC
SLOPE ESW.
V
-0b
\S. CCC POW Control
Water Gmservatim
obtrid
1M OR 299
APN 053CMD
V,
V,
COC•MW Ctatral EAST LINE OF THE NW
Water Carseraft 1/4 SEC. 34-T2S,
R2E, M.D.B.&M.
Ulm OR&V CENTER j COR. OF
A, AM 09460009SEC. 34-T2S, R2E,
mb.B.&m.
Mark LAUREL ROAD OVERCROSSING In Contra Costa
Thomas &
Company. CCC FLOOD CONTROL & WCD County, California
Inc.
100'
Date 12—July-2007 EXHIBIT - B SHEET 2 OF 2
Drawn By JIDP plat to Accompany Lega! Description
Checked By TR8
---------------------------------------------------------------------------
Parcel name: 21-1
North: 2182125.3872 East : 6204242.4633
Line Course: N 89-29-11.5 E Length: 33.30
North: 2182125.6856 East : 6204275.7620
Line Course: N 52-33-33.9 E Length: 41.81
North: 2182151.1035 East : 6204308.9584
Curve Length: 126.03 Radius: 22952.7.4
Delta: 0-18-52.6 Tangent: 63.02
Chord: 126.03 Course: S 38-06-08.8 E
Course In: S 51-44-24.9 W Course Out: N 52-03-17.5 E
RP North: 2167938.1339 East 6186286.2015
End North: 2182051.9268 East 6204386.7298
Line Course: S 52-33-33.9 W Length: 46.20
North: 2182023.8400 East : 6204350.0477
Line Course: S 05-43-30.5 W Length: 64.24
North: 2181959.9205 East : 6204343.6393
Line Course: S 52-33-33.9 W Length: 127.30
North: 2181882.5299 East : 6204242.5652
Line Course: S 23-43-26.0 W Length: 39.78
North: 2181846.1115 East : 6204226.5605
Line Course: S 52-33-33.9 W Length: 379.01
North: 2181615.6968 East : 6203925.6325
Line Course: N 37-26-26.1 W Length: 193.06
North: 2181768.9834 East : 6203808.2640
Line Course: N 52-33-33.9 E Length: 386.43
North: 2182003.9090 East : 6204115.0833
Line Course: N 00-29-10.0 E Length: 44.63
North: 2182048.5374 East 6204115.4619
Line Course: N 52-33-33.9 E' Length: 126,02
North: 2182125.1498 East : 6204215.5198
Line Course: N 89-29-11.5 E Length: 26.94
North: 2182125.3912 East : 6204242.4587
Perimeter: 1634.75 Area: 119,793 Sq Ft 2.75 Ac.
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0061 Course: N 48-30-27.7 W
Error North: 0.00405 East : -0.00458
Precision 1: 267,991.80
---------------------------------------------------------------------------
Parcel name: 21-2
North: 2181870.0275 East : 6204237.0756
Line Course: N 23-43-26.0 E Length: 13.66
North: 2181682.5331 East : 6204242.5714
Line Course: N 52-33-33.9 E Length: 127.30
North: 2181959.9237 East : 5204343.6456
Line Course: N 05-43-30.5 E Length: 64.24
North: 2182023.8433 East : 6204350.0539
Line Course: N 52-33-33.8 E Length: 46.20
North: 2182051.9300 East : 6204386.7360
Curve Length: 104.32 Radius: 22952.74
Delta: 0-15-37.5 Tangent: 52.16
Chord: 104.32 Course: S 37-48-53.7 E
Course In: S 52-03-17.5 W Course Out: N 52-18-55.0 E
RP North: 2167938.1372 East : 6186286.2077
End North: 2181969.5153 East : 6204450.6978
Line Course: S 52-33-33.9 W Length: 266.85
North: 2181807.2870 East : 6204238.8231
Line Course: N 37-26-26.1 W Length: 38.28
North: 2181837.6807 East : 6204215.5512
Line Course: N 52-33-33.9 E Length: 13.88
North: 2161846.1189 East : 6204226.5717
Line Course: N 23-43-26.0 E Length: 26.12
North: 2181870.0316 East : 6204237.0806
Perimeter: 700.86 Area: 17,929 Sq Ft 0.41 Ac.
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0065 Course: N 50-42-17.1 E
Error North: 0.00410 East : 0.00501
Precision 1: 107,823.08
---------------------------------------------------------------------------
Parcel name: 21-3
North: 2182125.38'72 East : 6204242.4633
Line Course: N 89-29-11.5 E Length: 33.30
North: 2182125.6856 East : 6204275.7620
Line Course: N 52-33-33.8 E Length: 41.61
North: 2182151.1035 East : 6204308.9584
Curve Length: 97.77 Radius: 22952.74
Delta: 0-14-38.6 Tangent: 48.89
Chord: 97.77 Course: N 38-22-54.4 W
Course In: S 5.1-44-24.9 W Course Out: N 51-29-.46.3 E
RP North: 2167938.1339 East 61862.86.2015
End North: 2182227.7436 East : 6204248.2539.
Line Course: S 52-33-33.0 W Length: 261.94
North: 2182068:4993 East : 6204040.2784
Line Course: S 37-26-26.1.E Length: 65.03
North: 2182016.8665 East : 6204079.8126
Line Course: S 49-23-28.5 W Length: 278.23
North: 2181835.7693 East : 6203868.5882
Line Course: S 51-13-52.4 W Length: 88.52
North: 2181780.3400 East : 6203799.5710
Line Course: S 37-26-26.1 E Length: 14.31
North: 2181768.9781 East : 6203808.2706
Line Course: N 52-33-33.9 E Length: 386.43
North: 2182003.9037 East : 6204115.0899
Line Course: N 00-29-10.0 E Length: 44.63
North: 2182048.5321 East : 6204115.4686
Line Course: N 52-33-33.9 E Length: 126.02
North: 2182125.1445 East : 6204215.5265
Line Course: N 89-29-11.5 E Length: 26.94
North: 2182125.3859 East : 6204242.4654
Perimeter: 1464.94 Area: 27,764 Sq Ft 0.64 Ac.
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0024 Course: S 58-47-07.5 E
Error North: -0.00127 East : 0.00209
Precision 1: 610,387.50
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA 0
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above-entitled matter.
I am the Principal Legal Clerk of the Contra Costa Times, a
newspaper of general circulation, printed and published at
2640 Shadelands Drive in the City of Walnut Creek, County
of Contra Costa,94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of October
22, 1934.Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates,to-wit:
August 27,
all in the year of 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek,California.
On this 29 day ofAugust, 2007
Signature .J
Contra Costa mes
P O Box 4147
Walnut Creek,CA 94596
(925)935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that published)
CONTRA COSTA COUNTY
PUBLIC WORKS
DEPARTMENT
255 Glacier Drive
Martinez,CA 94553
NOTICE OF INTENTION TO
CONVEY REAL PROPERTY
(Gov.Code 25365
Notice is hereby given
that the Board of Suporvi-
sors of Contra Costa
County, on August 14,
2007, declared its inten-
tion to convey to the
State Route 4 Bypass Au-
thority the property lo-
cated on Neroly Road and
identified as Assessor
Parcel Number 053-060-
009 and more particularly
described in Item No.
of the Board Or
cr Led August 14,2007
Notice is further given
that it is proposed to con-
vey said property to the
Stale Route 4 Bypass Au-
thority for$796.500.00,be-
ing the fair market value
of the property.
The Board will meet on
Tuesday. September 11,
2007. at 9:30 a.m. in the
Board Chambers, County
Administration Building,
651 Pine Street,Martinez,
California, to make such
conveyance by at least a
four-fifths vote.
Attested:August 14,2007
By EMY L-SHARP,Deputy
Legal CCT 2486796
Publish August 27,2007
LEGAL PUBLICATIONREQUISITION
Contra Costa County o
FROM: Clerk of the Board TO: Contra Costa Times
651 Pine St., Room 106 P.O. Box 4718
Pine Street, Martinez 94553 Walnut Creek, CA 94596
E-MAIL: cctlegals@cctimes.com
FAX No. 925-943-8359
Requested by: EMY L. SHARP Date: AUGUST 14, 2007
Phone No.: 925-335-1903 Reference No.:
Org.: Sub Object: 2190 Task: SAS Activity:
Publication Date (s) AUGUST 27, 2007
No. of Pages: (2)
LEGAL PUBLICATION NOTICE OF INTENTION TO CONVEY TO STATE ROUTE 4
BYPASS AUTHORITY THE FLOWING
-E-MAIL-
Immediately upon expiration of publication, ***
send in one affidavit for each publication in
order that the auditor may be authorized to pay ,you bill.
1_
Authorized Signiyture:'
Please confirm date of publication and receipt of this fax.
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 94553
NOTICE OF INTENTION TO CONVEY REAL PROPERTY
(Gov. Code 25365
Notice is hereby given that the Board of Supervisors of Contra Costa County, on August 14, 2007,
declared its intention to convey to the State Route 4 Bypass Authority the property located on
Neroly Road and identified as Assessor Parcel Number 053-060-009 and more particularly
described in Item No. e.1 of the Board Order dated August 14, 2007
Notice is further given that it is proposed to convey said property to the State Route 4 Bypass
Authority for $796,500.00, being the fair market value of the property.
The Board will meet on Tuesday, September 11, 2007, at 9:30 a.m. in the Board Chambers,
County Administration Building, 651 Pine Street, Martinez, California, to make such conveyance
by at least a four-fifths vote.
ATTESTED: AUGUST 14, 2007
By EMY L. SHARP
Deputy
Publication Dates:
AUGUST 27, 2007
C:\Users\esharp\AppData\Local\Temp\notesEBEOD6\08-14-07 NOI - BR.02 NOI Convey Property.doc
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 94553
PUBLICATION REQUEST
TO: Jane Pennington, Chief, Clerk of the Board
Attn: Emy Sharp, Deputy Clerk, Clerk of the Board
eshargcob.co.contra-costa.ca.us
FROM: Cheryl Sousa
Public Works Department
(925) 313-2252
BOARD MTG. FOR NOTICE OF INTENTION: August 14, 2007
BOARD MTG. FOR PURCHASE (CONSENT ITEM): Sept. 11, 2007
PUBLICATION DATES: August 27, 2007
REQUESTED PUBLISHING PAPER(S): Contra Costa Times
Do not type below this line—Publication language on following page
r ;
C:\Users\esharp\AppData\Local\Temp\notesEBEOD6\08-14-07 BO-BR.02 Convey property publication.doc
"Cheryl Sousa" To <eshar@cob.cccounty.us>
f <csous@pw.cccounty.us>
cc
08/06/2007 10:54 AM
bcc
Subject 8/14/Agenda---Notice of Intent
Hi Emmy,
I spoke with you about this a couple of weeks ago. This is one of our 2
part board orders (similar to the one's Olivia & I did a few months ago).
This is the Notice of Intention portion going on the 8/14 Agenda. The 2nd
part---- the Consummation of the Conveyance will happen on September
11`h. Do you need to do anything special?
I hope I haven't confused you too much. Please call me if you have any
questions.
Have a good day!
Cheryl Sousa
Contra Costa County
Public Works Department
Real Property Division
925-313-2252 925-646-0288 (fax)
08-14-07 N01-BR.02 N01 Convey Properly.doc 08-14-07 80-B R.02 Convey property publication.doc