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Home My WebLink AboutMINUTES - 01301990 - 1.2 / 2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: January 30, 1990 SUBJECT: ACQUISITION FOR NEROLY ROAD WIDENING, OAKLEY AREA Project No. 0662-684012 Task: ACO Account: 3540 SPECIFIC REQUESTS(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant Deed dated January 4, 1990, from Marvin D. Newell. B. AUTHORIZE the Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE payment of $81,000 for said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to Founders Title Company, Escrow No. 873409, to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the office of the County Recorder. 11. Financial Impact: Payment of $81,000 from Oakley Area of Benefit funds. III. Reasons for Recommendations and Background: These property rights are required for the Neroly Road widening project 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. Cont'd on Attachment:,yes Signature.- Recommendation ignature:Recommendation of Executive Director _Recommendation of Agency Committee _Approve _Other Signature(s) Action of Agency on i anuary Approved as recommended_X,_, Other Vote of Supervisors X Unanimous (Absent I HEREBY CERTIFY THAT THIS Ayes: Noes: IS A TRUE AND CORRECT COPY Absent: Abstain: OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Orig: Public Works (RIP) ATTESTED January 30 , 1990 cc: County Administrator Phil Batchelor, Clerk of the Board of Supervisors and County Auditor/Controller (via R/P) Administrator P. W. Accounting Recorder (via R/P) BY , DEPUTY GK:rs B0230ner.tl Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Works Department . Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Gus Kramer Portion of Assessor's Parcel No. 041-050-;00.9: . Title Co. Order No. 873409 GR 14T DEED For Value Received, MARVIN D. NEWELL, an unmarried man, GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the unincorporated area of the County of Contra Costa, State of California, All of that Parcel of land described in the deed to Marvin D. Newell recorded March 2, , 1983, in Book 11145 at page 756, Official Records of Contra Costa County, California. AS FLTHER DESCRIBED ON EXHIBIT"A" P.TrACHED RERE'TO AND MADE A PART HEREOF. GRANTOR: Date Marvin D. Newell - - STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA) On January 4 , 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared MARVIN D. NEWELL, known to me to be the person whose name is subscribed to the within Grant .Deed and acknowledged that he executed the same. WITNESS my hand and official seal this 4th day of January 1990. OFFICIAL SEAL , ANN K SAMPIETItO ANN K. SAMPIETRO HOCONNTTRACOSTAC�OUNTY Notary Public in and for said Mrccmm Exv+resA 4.14,".r! r County and State 'tl (SEAL) J FOUNDERS TITLE COMPANY Order No. 873409 Exhibit "A" A portion of the Southwest 1/4 of Section 27, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, described as follows: Beginning at a 1-1/2 inch pipe with a plug in the westerly boundary line of Section 27, Township 2 North, Range 2 East, Mount Diablo Base and Meridian,. from which the railroad spike marking the west quarter corner of said Section 27 bears north 00 39-1/2' East 417.8 feet distant and running thence south 00 39-1/2' West, along the westerly boundary line of said Section 27, 130.9 feet to a 1-1/2 inch pipe with a plug in the northeasterly boundary line of the parcel of land described in the deed executed by Conrd L. Donaldson to San Pablo b Tulare Railroad Company, dated January 20, 1872 and recorded in the office of the County Recorder of the County of Contra Costa, State of California, in Book 22 of Deeds at page 512; thence southeasterly, along the northeasterly boundary line of the last mentioned parcel of land, on a curve to the right with a radius of 22918.3 feet, the chord of which has a bearing of south 480 35' east and a - length of 307.0 feet, to a 1-1/2 inch pipe with a plug in the northwesterly boundary line of the 4.35 acre parcel of land first described in the deed exe-. cuted by James O'Hara, et ux, to Southern Pacific Railroad Company, dated December 18, 1894 and recorded in the office of said County Recorder in Book 71 of Deeds at page 22; thence north 410 54' east, along the northwesterly boundary line of said 4.35 acre parcel of land and the northeasterly prolongation thereof, 114.5 feet to a railroad Spike in a county road; thence north 500 48-1/2' west 393.8 feet, more or less, to the point of beginning. EXCEPTING THEREFROM: All oil , gas, other hydrocarbon substances, minerals, and naturally created hot water and steam in and under said real property and lying below a plane which is 500 feet below the surface of the ground; provided, however, that any exploration for or removal of any such oil , gas, other hydro- carbon substances, minerals, and naturally created hot water and steam shall be by means of slant drilling or tunneling from lands adjacent to said real pro- perty or other methods not requiring operations on the surface of said real pro- perty and shall be performed so as not to endanger said surface or any structure which shall be erected or constructed thereon, as reserved in deed from Pacific Gas. and Electric Company to Barbara J. Anderson, Thomas N. Sutton and Susan P. Sutton, recorded January 18, 1979, Book 9190 OR, Page 193, Contra Costa County Records.