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Home My WebLink AboutMINUTES - 10241995 - C10 FJ. TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: OCTOBER 24, 1995 SUBJECT: SAN RAMON CREEK, BRYAN PROPERTY-ALAMO AREA Project No.: 7520-668301 Task: ACO Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant Deed dated October 18, 1995 from Judith Bryan. B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the District. C. APPROVE payment of$224,600 for said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to Old Republic Title Company, 3000 Clayton Road, Concord, CA 94519, Escrow No. 203854, 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. Continued on Attachment:X SIGNATURE:��—• RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON October 24, 1995 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this Is a"and oonect copy of PS:glo an action taken and entered on the minutes of the g:Vealprop1temp1bo1224.t10 Board of superviews on the date shown. Orig.Div: Public Works(R/P) October 24 1995 ---' Contact: Pat Smyers(313-2222) ATTESTED.PHIL BATCHELOR,Clark of the Board cc: County Administrator of 8uperwoors and County A&WnWrator Auditor-Controller(via R/P) P.W.Accounting ,Deputy Recorder(via R/P) bib San Ramon Creek,Bryan Property October 24, 1995 Page Two II. Financial Impact: Payment of$224,600 from Zone 313 funds. III. Reasons for Recommendations and Background: These property rights are required for the proposed San Ramon Creek, Chaney to Livorna project. The property was offered for sale on the open market, allowing the District to save relocation expenses. IV. Consequences of Negative Action: The project may not have sufficient land rights to allow construction in accordance with the approved plans and specifications, and later acquisition may be more costly. -Recorded at the request of: , Contra Costa County Flood Control and Water WW Conservation District Return to: Contra Costa County p� Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Pat Smyers Assessor's Parcel No. 187-140-002 Title Co. Order No. 203854 GRANT DEED For Value Received, JUDITH BRYAN, as Trustee of the Bryan Revocable Trust dated August 20, 1991, GRANTS to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, 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"A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR Date /n ocF /99 ith Bryan, Trustee ATTACH APPROPRIATE ACKNOWLEDGMENT PS:gb gArea1prop\temp\DE1 JB.t10 October 17,1995 State of California ) County of Contra Costa ) OnC/"r,1 e,�' /Y, /`� before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared adll ? ��`/-� e�.1u , who is personally known to me (or proved tom on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature Deputy C.I&rk � 0 �OuN g:VealpropVorms\AK1.m San Ramon Creek APN 187-140-002 EXHIBIT "A" PARCEL ONE: (Fee Title) Portion of the Rancho San Ramon, described as follows: Commencing at the most westerly corner of the parcel of land described in the deed from Jessie Gwaltney to Gilbert Y. Baker et ux., dated February 28, 1945, and recorded March 9, 1945, in Book 812 of Official Records at page 311; thence, from said point of commencement, south 480 east, along the southwest line of said Baker parcel (812 OR 311), being along a fence, 82.90 feet to the actual point of beginning of the herein described parcel of land; thence, from said point of beginning, south 480 east, continuing along the southwest line of said Baker parcel (812 OR 311), being along said fence, 98.56 feet; thence south 380 54' 15" west, along a fence, 98.20 feet to the northeast line of a proposed 20 feet in width private road; thence, north 63023' west, along said northeast line, 76.40 feet to a point which bears south 27°40' 55"west from the point of beginning; thence north 270 40' 55" east, 122.11 feet to the point of beginning. EXCEPTING THEREFROM: All that portion thereof conveyed to the State of California by deed recorded February 13, 1962, in Book 4055 of Official Records at page 252. PARCEL TWO: (Non-exclusive Access Easement) A right of way, created in reference to the premises in the deed from Bessie Silva to Claude Garner Rowden et al., dated March 1, 1951, and recorded May 7, 1951, in Book 1759 of Official Records at page 481, as follows: "A right of way (not to be exclusive) for use as a roadway for vehicles, pedestrians and animals, for ingress and egress from the respective parcels of land of Second Parties, Third Parties, and Fourth Party, hereinabove referred to, over and across that certain strip of land in the County of Contra Costa, State of California, 20 feet in width, the southwest line of which is parallel with and 20 feet southwesterly, measured at right angles, from the northeast line thereof, and which northeast line is described as follows: "Commencing at the most westerly comer of the parcel of land described in the deed from Jessie Gwaltney to Gilbert Y. Baker, et ux, dated February 28, 1945, and recorded March 9, 1945, in Book 812 of Official Records at Page 311; thence, from said point of commencement, south 460 28' west, along an old fence, 150.64 feet to an iron pipe and the actual point of beginning of the herein described line; thence, from said point of beginning, south 620 08' east, 109.97 feet to an iron pipe; thence south 630 23' east, 196 feet to an iron pipe; thence south 740 18' east, at 64 feet an iron pipe, a total distance of 90.96 feet to the west line of said Baker parcel (812 OR 311). "The westerly terminus of said strip of land is a line drawn south 460 28' west from the point of beginning of the herein described line, and the easterly terminus thereof is the west line of said Baker parcel (812 OR 311)." EXCEPTING THEREFROM: All that portion thereof conveyed to the State of California by deed recorded February 13, 1962, in Book 4055 of Official Records at page 252. PARCEL THREE: (Non-exclusive Utility Easement) The right of way granted in the deed from Jessie M. Clayton to Claude Garner Rowden et ux., dated March 1, 1951, and recorded May 7, 1951, in Book 1759 of Official Records at page 484, as follows: "A right of way (not to be exclusive) as an.appurtenance to the parcel of land described in the deed from Alma Jane Maurer, et vir, to Claude Garner Rowden, et ux, dated March 1, 1951, and recorded May 7, 1951, in Book 1759 of Official Records at Page 477, for water, gas and sewer pipe lines, and for telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines over a portion of The Rancho San Ramon, being a strip of land, 5 feet in width, the northeast line of which is parallel with and 5 feet northeasterly, measured at right angles, from the southwest line thereof, and which southwest line is described as follows: "Beginning on the northeast line of a proposed 20 feet in width private road, at the most southerly corner of said Rowden parcel (1759 OR 477); thence, from said point of beginning, along said northeast line, as follows: South 630 23' east, 100.73 feet to an iron pipe; south 740 18' east at 64 feet an iron pipe, a total distance of 90.96 feet to the west line of the parcel of land described in the deed from Jessie Gwaltney to Gilbert Y. Baker, et ux, dated February 28, 1945, and recorded March 9, 1945, in Book 812 of Official Records at Page 311. "The westerly terminus of said strip of land is the southeast line of said Rowden parcel (1759 OR 477), and the easterly terminus thereof is the west line of said Baker parcel (812 OR 311)." EXCEPTING THEREFROM: All that portion thereof conveyed to the State of California by. deed recorded February 13, 1962, in Book 4055 of Official Records at page 252. These real property descriptions have been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. kAND SU Signature: ��'� zW�� ,� License and Surveyor tea• Date /0- 8 -�� No. 5999 �l�rfOF CkUE®��\e RZ:PS:glo g:\clerical\exhibits\sanramon.exb October 17, 1995