HomeMy WebLinkAboutMINUTES - 09252012 - C.04RECOMMENDATION(S):
APPROVE the Right of Way Contract and ACCEPT the Grant Deed dated September 10, 2012 from Robert A. Van
Buren & Barbara F. Van Buren Trustees of the Robert A. Van Buren & Barbara F. Van Buren Family Trust UA
dated April 25, 1986 for property rights located within Assessor’s Parcel Number 007-030-055 in connection with
the Deer Valley Road Shoulder Widening Project (Project) pursuant to Streets & Highway Code Section 976. Project
No. 0662-6R4099
AUTHORIZE Public Works Director, or designee, to execute said Right of Way Contract on behalf of Contra Costa
County.
APPROVE payment of $110,000 for said property rights and AUTHORIZE the Auditor-Controller to issue a check
in said amount payable to North American Title Company (Title Company), 4255 Hopyard Road, Suite 1, Pleasanton,
CA 94588 Escrow No. 54606-1112165-11 to be forwarded to the Real Estate Division for delivery.
DIRECT the Real Estate Division to have the above referenced Grant Deed delivered to the Title Company for
recording in the Office of the County Recorder.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 09/25/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Michele Trecek (925)
313-2010
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: September 25, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M BOYD, Deputy
cc: J. Carlson, Real Property, Auditor-Controler, County Recorder, Larry Theis, Design, Chris Lau, Transportation Engineering, Liza Mangabay, Finance,
Stephen Siptroth, County Counsel
C. 4
To:Board of Supervisors
From:Julia R. Bueren, Public Works
Date:September 25, 2012
Contra
Costa
County
Subject:Deer Valley Road Shoulder Widening Project.
FISCAL IMPACT:
Funded by 100% Local Road Funds.
BACKGROUND:
These property rights are required for the Deer Valley Road Shoulder Widening Project in accordance with the
approved plans and specifications for that project. The property and interests in property being acquired include
six (6) fee parcels, two (2) temporary construction easement parcels, and three (3) slope easement parcels. The
property owner also is being compensated for construction and grading of a dirt access road, and for replacement
fencing materials.
The parties have been negotiating a purchase price for several months. An eminent domain action was filed on
August 28, 2012 only to allow the County to possess the property on or before January 29, 2013. The parties
continued to negotiate a purchase price and finally agreed on the above price, subject to Board approval. Although
the eminent domain action was filed, the defendants have not yet been served with the summons and complaint,
and the case will be dismissed if the Board approves this out-of-court negotiated purchase price.
The Board previously adopted a Mitigated Negative Declaration and Mitigation and Monitoring Reporting Plan
for this activity on July 12, 2011.
CONSEQUENCE OF NEGATIVE ACTION:
The project will not have sufficient land rights to allow construction in accordance with the approved plans and
specifications.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Grant Deed
Right of Way Contract