HomeMy WebLinkAboutMINUTES - 10202009 - C.05RECOMMENDATION(S):
APPROVE the Right of Way Contract, dated September 29, 2009, between Contra Costa
County and Asbury Graphite, Inc. and AUTHORIZE the Public Works Director, or
designee, to execute said Right of Way Contract.
APPROVE and AUTHORIZE the conveyance of real property acquired by Final Order of
Condemnation on August 27, 2002, Series No. 2002-0301156, in the Rodeo area, described
in Exhibit "A" attached hereto, for highway purposes to Asbury Graphite Inc., pursuant to
Streets & Highways Code Section §960.
DETERMINE said property is surplus and no longer necessary for County or public
purposes. AUTHORIZE the Chair, Board of Supervisors, to execute a Grant Deed, Grant of
Easement and Assignment of Easement on behalf of the County.
AUTHORIZE the Public Works Director, or his designee, to ACCEPT the Grant Deed
dated September 29, 2009.
AUTHORIZE the Auditor-Controller to issue a check in said amount payable to North
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/20/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. Lucy Owens,
313-2229
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: October 20, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 5
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:October 20, 2009
Contra
Costa
County
Subject:Convey and accept right of way between County and Asbury Graphite in connection with State Route 4 West
Gap project. Project No.: 4660-6X4152
American Title Company, 645 San Ramon Valley Blvd., Danville, California, Escrow No.
54705-832698-08 to be forwarded to the Real Property Division for delivery.
RECOMMENDATION(S): (CONT'D)
DIRECT the Real Property Division to have the above referenced Grant Deed and Grant
of Easement to the County recorded in the Office of the County Recorder.
FISCAL IMPACT:
Payment of $1,566,500 has already been paid to Asbury Graphite using Contra Costa
Transportation Authority (CCTA) funds. Payment of the remainder of the purchase price
in the amount of $40,000.00 will also be paid from CCTA funds. There will be no impact
to the County’s general fund. (Task: ACQ / Acct: 3540)
BACKGROUND:
Contra Costa County filed an eminent domain action in March of 1999 seeking to acquire
property owned by Asbury Graphite, Inc. for the purpose of constructing a public
roadway as part of the State Route 4 West Gap Project off of Franklin Canyon Road.
Parties agreed to a settlement that was approved in concept by the Board of Supervisors
at a January 6, 2000 closed session meeting. The settlement, the terms of which are
embodied in the attached right of way contract, consist of payment by the County to
Asbury Graphite in the amount of $1,606,500, plus the conveyance of various property
rights between the parties. The entire settlement will be paid with Contra Costa
Transportation Authority (CCTA) funds and CCTA staff has approved the settlement.
Both Asbury Graphite Inc. and County recognize the expense, time, effort, and risks to
both parties in determining the compensation for the property by eminent domain
litigation. In lieu of such litigation, and in compromise and settlement, the Board of
Supervisors approved the settlement as described in the attached right of way contract.
Approving and authorizing the aforementioned actions is needed to carry out the terms of
the settlement agreement.
CONSEQUENCE OF NEGATIVE ACTION:
County would be required to proceed with the eminent domain litigation and could incur
significant additional expense.
ATTACHMENTS
Assignment of Easement
Grant Deed 1
Grant Deed 2
Grant of Easement
Right of Way Contract