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HomeMy WebLinkAboutMINUTES - 10041994 - 1.1 L TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: OCTOBER 4, 1994 SUBJECT: APPIAN WAY TRIANGLE PROJECT - EL SOBRANTE AREA Project No.: 0662-6R4056 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action A. APPROVE Right;of Way Contract and ACCEPT Grant Deed dated September 13, 1994, from Edwards F. Biggs, Sr., and Charlotte L. Biggs. B. AUTHORIZE the Public Works Director to execute said Right of Way Contract on behalf of the County. Continued on Attachment: X .r SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER'' SIGNATURE(S): ACTION OF BOARD ON UL 1 4 ' 1994 APPROVED AS RECOMMENDED_�OTHER VOTE OF SUPERVISORS _X_ UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: NW:glo g:\realprop\BOa4.t10 Orig. Div: Public Works(R/P) Contact: Nancy Wenninger(313-2227) cc: County Administrator Ihereby certify that thlsisatrue and correatcppyof an action taken and entered on the minutes of the Auditor-Controller(via R/P) Board of Su rs n•the shown. P.W.Accounting ° ATTESTED: Recorder(via R/P) PHIL BATCHELOR,Clerk of the Board of Supervisors and Cou Adminiatrator By -.Deputy Appian Way Triangle Project-EI Sobrante Area Edward&Charlotte Biggs October 4, 1994 Page Two C. APPROVE payment for said property rights and AUTHORIZE the Auditor-Controller to issue a check for $44,350 payable to Chicago Title Company, 590 Ygnacio Valley Road, Suite 300, Walnut Creek, California, 94596, Escrow No. 75497, 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. II. Financial Impact: Payment totalling $44,350 which is 89% reimbursable from Federal Aid funds and 11% reimbursable from EI Sobrante AOB funds. III. Reasons for Recommendations and Background: These property rights',are required for the Appian Way Triangle 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. 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: Nancy Wenninger_ Portion of Assessor's Parcel Nos. 430-152-048; 430-152-056; 430-152-057 Title Co. Order No. 75497 GRANT DEED For Value Received, EDWARD F. BIGGS, SR., and CHARLOTTE L. BIGGS, Trustees under the Biggs Family Trust established August 12, 1986, 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, FOR DESCRIPTION SEE EXHIBIT "All ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR: Date Z BW. ✓ Edward Biggs, Sr. ee 9 Wit SS By: 1�?Nyt SS "--Charlotte L. b-g ,' TrWs;ree ATTACH APPROPRIATE ACKNOWLEDGMENT NW.glo c:DE1 BiggsA2 February 2, 1994 fi FAA STATE OF CALIFORNIA (Subscribing Witness - Individual) COUNTY OF CONTRA COSTA On September 13, 1994, before me, Roger H. Frost, a Notary Public, personally appeared Nancy H. Wenninger, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, as a witness thereto, who being by me duly sworn, deposed and said: That she resides at 255 Glacier Drive, Martinez, California, that she was present and saw Edward F. Biggs, Sr., and Charlotte L. Biggs, 'personally known to her to be the same persons described in and who executed the within instrument as the individuals therein named and acknowledged to me that the individuals executed it; and that said parties duly acknowledged in the presence of said affiant, that they executed the same and that said affiant, thereupon at the parties' request, subscribed her name as a witness thereto. OFFICIAL NOTARY SEAL ROGER H.FROST Notary Public—CJitornia alq� NOtUbIIC I`` � CONTRA COSTA COUNTY My Comm.Expires APR 28,1995 NW:glo g:Veal propltemp\AK1 Wg.t9 September 13,1994 Road 1271 - Appian Way Triangle Realignment PARCELS 17, 17T, 17U - Biggs Ptn. APN 430-152-048 Dwg. RW1271-93 EXHIBIT "A" PARCEL 17: (Fee Title) A portion of Lot 248, San Pablo Rancho, in an unincorporated area of Contra Costa County, California, being also a portion of that parcel of land described in the deed to Biggs Family Trust recorded December 3, 1990 in Volume 16277 at page 912, Official Records of said County, further described as follows: Beginning at the intersection of the southeast line of said Biggs parcel (16277 O.R. 912) and the northeast right of way line of Appian Way; thence from the Point of Beginning, along the northeast line of Appian Way, north 39049'01" west 8.71 feet, to the most southern corner of PARCEL 1 described in the deed to Contra Ccsta County recorded November 6, 1985 in Volume 12601 of Official Records at page 788, being the terminus of a non-tangent curve concave to the west having a radius of 468.00 feet to Which point a radial bears north 81"46'00" east; thence along the east line of said PARCEL 1, continuing along Appian Way right of way line, northerly 192.05 feet, along the arc of said curve through a central angle of 23030'43"; thence north 31*4443" west 1.00 feet to the most northern corner of said PARCEL 1 (12601 OR 788) on the northwest line of said Biggs parcel (16277 O.R. 912); thence along said northwest line, north 40053'52" east 15.39 feet,- thence leaving said northwest line, south 33'2943" east 43.26 feet, to a curve concave to the northeast having a, radius of 504.00 feet; thence along the arc of said curve, southeasterly 93.33 feet, through a central angle of 1003637"; thence non-tangent to said curve, south 58043'43" east 18.91 feet, to a non- tangent curve concave to the northeast having a radius of 499.00 feet to which point a radial bears south 45°33'41"west; thence along the arc of said curve, southeasterly 28.07 feet, through a central angle of 3013'23", to a point, hereinafter referred to as Point A, on the southeast line of said Biggs parcel', thence along said southeast line, south 43015'43"west 80.52 feet, to the Point of Beginning. Containing an area of 6,596 square feet of land, more or less. PARCEL 17T- (Temporary Construction Easement to expire on June 30, 1996, or upon completion of construction, whichever occurs first) An easement for the purpose of constructing a retaining wall with a slope above the wall and a cut slope, and incidents thereto (to terminate at the end of construction or November 1, 1995, whichever comes first), upon, over, and across the following described parcel.- Beginning at Point A described in PARCEL 17 of this document; thence along the southeast line of said Biggs Family Trust parcel (16277 O.R. 912), north 43015'43" east 15.15 feet; thence leaving said southeast line, north 47058'42" west 9.87 feet, thence north 201629" east 25.66 feet; thence north 45018'00"west 68.28 feet,- thence north 57'24'19"west 82.05 feet, to the northeast line of said PARCEL 17; thence along said northeast line as follows'. (1) south 33029,43" east 38.17 feet to a curve concave to the northeast having a radius of 504.00 feet, (2) along the arc of said curve, P;inp 1 of 4 southeasterly 93-33 feet, through a central angle of 10*36'37"-' (3) non-tangent to said curve, south 58043'43" east 18.91 feet, to a non-tangent curve concave to the northeast having a radius of 499.00 feet to which point a radial bears south 45*33'41"west, and (4) along the arc of said curve, southeasterly 28.07 feet, through a central angle of 3013'23", to the Point of Beginning. Containing an area of 4,416 square feet of land, more or less. PARCEL 17U: (Subsurface Easement) An underground easement for ground anchors as part of a retaining wall, described as follows.- Beginning at Point A described in PARCEL 17 of this document; thence along the southeast line of said Biggs Family Trust parcel (16277 0.R. 912), north 43*15'43" east 11.64 feet; thence leaving said southeast line, north 50°47'31" west 9.91 feet; thence north 76059'11" west 21.05 feet, to the northeast line of said PARCEL 17; thence non-tangent along said northeast line, being the arc of a curve having a radius of 499.00 feet, to which a radial bears south 45°33'41" west, southeasterly 28.07 feet, through a central angle of 3013'23", to the Point of Beginning. Containing an area of 213 square feet of land, more or less. Bearings and distances I are based on the California Coordinate System Zone III (C.C.S. 27). Multiply given distances by 1.0000638 to obtain ground distances. These real property descriptions have been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor 'J" Contra Costa County Public Works 0. Xp. + Date- No 5990 LH--jlg:pe 9 AclericaRS iggs04 8,ex June 15,1994 Page 2 of 4 Road 1271 - Appian Way Triangle Realignment PARCEL 18 - Biggs Ptn. APN 430-152-057 Dwg- RW1271-93 PARCEL 18: (Fee Title) A portion of Lot 248, San Pablo Rancho, in an unincorporated area of Contra Costa County, California, being also a portion of PARCEL TWO described in the deed to Biggs Family Trust recorded February 26, 1987 in Volume 13473 at page 809, Official Records of said County, further described as follows: Beginning on the northeast right of way line of Appian Way at the southeast line of said PARCEL TWO (13473 O.R. 809); said Point of Beginning being the east corner of PARCEL I described in the deed to Contra Costa County recorded December 31, 1986 in Volume 13363-of Official Records at page 95; thence from the Point of Beginning, along said northeast line of Appian Way (13363 O.R.95), north 31044'4311 west 169.57 feet,to the northwest line of said Biggs PARCEL TWO;thence along said northwest line, north 40°53'52" east 10.02 feet; thence leaving said northwest line, south 33029'4311 east 168.04 feet, to the southeast line of said Biggs PARCEL TWO; thence along said southeast line, south 40053'52' west 15.39 feet, to the Point of Beginning. Containing an area of 2,057 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 27). Multiply given distances by 1.0000638 to obtain ground distances. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. LAND Signature: _e'_____ Licensed Land Surveyor Exp.4LZ26 Contra Costa County Public Works No.SM OFCAL11 Date: !2-14-9-z LH:J1g:pe 6*x:ft9*.057 September 13, 1993 Page 3 of 4 • Road 1271 - Appian Way Triangle Realignment PARCEL 19 - Biggs Ptn. APN 430-152-056 Dwg. RW1271-93 PARCEL 19: (Fee Title) A portion of Lot 248, San Pablo Rancho, in an unincorporated area of Contra Costa County, Califomia, being a portion of PARCEL ONE described in the deed to Biggs Family Trust recorded February 26, 1987 in Volume 13473 at page 809, Official Records of said County, further described as follows: Beginning on the northeast right-of-way line of Appian Way at the northwest line of said PARCEL ONE (13473 O.R. 809); thence from the Point of Beginning, along the northeast line of Appian Way, south 31059'02' east 61.10 feet and south 20037'391 east 19.90 feet, to the northwest corner of PARCEL 3 described in the deed to Contra Costa County recorded December 31, 1986 in Volume 13363 of Official Records at page 95; thence along the northeast line of said County PARCEL 3, south 31044'4311 east 31.35 feet,to the southeast line of said Biggs PARCEL ONE; thence along said southeast line, north 40053'52" east 10.02 feet; thence leaving said southeast line, north 33029'43" west 109.86 feet to the northwest line of said Biggs PARCEL ONE; thence along said northwest line, south 40053'521 west 2.75 feet, to the Point of Beginning. Containing an area of 612 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 27). Multiply given distances by 1.0000638 to obtain ground distances. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. A Dv Signature: LzW - Licensed Land Surveyor �p3 Contra Costa County Public Works Exp.IZ-L-26 No,5999 Date: 2 OFCALIF LH:jlg:pe ckex:Biggs.056 September 13, 1993 Page 4 of 4