HomeMy WebLinkAboutMINUTES - 01211997 - C50 TO: BOARD OF SUPERVISORS, as the Board of Commissioners of Contra Costa County
Redevelopment Agency
FROM: PHIL BATCHELOR, EXECUTIVE DIRECTOR
DATE: JANUARY 21, 1997
SUBJECT: OAKLEY REDEVELOPMENT PROJECT ADVANCE ACQUISITION
Project No.: 4500-6X5089 Task: ACQ 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 December 12, 1996
from Manuel Joseph Dutra and Carma Jean Dutra.
B. AUTHORIZE the Executive Director or his assign to execute said Right of Way Contract
on behalf of the Agency.
C. APPROVE payment of$166,000.00 for said property rights and AUTHORIZE the Auditor-
,Controller to issue a check in said amount payable to Americ n Title Insurance Co., 140
Gregory Lane, Suite 100, Pleasant Hill, CP 94523, Escr w o. 36513 to be forwarded to
the Real Property Division for delivery. 1, A
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 6a,� � 91 1 APPROVED AS RECOMMENDED OTHER_
VOCE OF SUPERVISORS / COMMISSIONERS
UNANIMOUS(ABSENT )
AYES: NOES:
RB:9PP ABSENT: ABSTAIN: I hereby certify that this Is a true and correct copy of
g.-Vealprop\temp1BO214.t1 an action taken and entered on the minutes of dW
Orig. Div: Public Works(RIP) Redevelopment Agency on the date shown& �}
Contact: Ronald Babst(313-2226) ATTESTED: 159
91
cc: County Administrator Pk DA%;;:.:,;� , cy ecretoy
Auditor-Controller(via R/P)
P.W.Accounting
Recorder(via R/P) oy I A V&Jtpep„
CCCRA(via R/P)
. r C ,rjU
Oakley Redevelopment Project
January 21,1997
Page Two
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded
in the office of the County Recorder.
E. This Board hereby FINDS that there is no substantial evidence that the proposed project
will have a significant effect on the environment, and that this Board has reviewed and
considered the Initial Study and Negative Declaration together with any comments
received during the public review process (all on file with this Board), and this Board
approves said Negative Declaration's adequacy for California Environmental Quality Act
purposes. This Board DIRECTS the Director of Community Development to file a Notice
of Determination and a Certificate of Fee Exemption: De Minimis Impact Finding with the
County Clerk and DIRECTS the Community Development Director to arrange for payment
of the $25.00 handling fee to the County Clerk. The project has been determined to
conform to the general plan.
11. Financial Impact:
Payment of $166,000.00 from Contra Costa County Redevelopment Agency funds.
Ill. Reasons for Recommendations and Background:
On August 8, 1995, Ms. Dutra requested that the Agency acquire their property as a hardship
acquisition in advance of approval of the EIR for the Old Town Redevelopment Project. The
Dutra property is to be acquired under all of the proposed alternatives for the widening or
realigning of State Route 4. The Dutras find it necessary to sell the property but the proposed
project has prevented them from doing so. The Agency agreed to accommodate their request.
IV. Consequences of Negative Action:
Should the Board not approve the advance acquisition, the property owners will have to wait for
approval of the project EIR and the normal project acquisition schedule. This would cause them
financial hardship.
Z6, v\r A"
Recorded at the request of: I
Contra Costa County
Redevelopment Agency '
Return to: I
Contra Costa County I
Public Works Department I
Real Property Division
255 Glacier Drive
Martinez, CA 94553 =
Attention: Ronald Babst
Assessor's Parcel No. 037-160-024
Title Co. Order No. 36513
GRANT DEED
E
For Value Received, MANUAL JOSEPH DUTRA and CARMA JEAN DUTRA, husband and
wife, as joint tenants,
GRANT to
Contra Costa County Redevelopment Agency, a body corporate and politic existing under the
laws, 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.
GRANTORS
Date
Manual Josep Dutra
L
Carma Jean Dbira
ATTACH APPROPRIATE ACKNOWLEDGMENT
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gArea1propltemp\DE1 MJD.t12
December 10,1996
EXHIBIT "A"
Portion of the Southwest 1/4 of the Southwest 1/4 of Section 24, Township 2 North, Range
2.East, Mount Diablo Base and Meridian, described as follows:
Beginning on the north line of Main Street in the Town of Oakley, at the southwest corner
of the parcel of land described in the Deed to Carol I. Peterson, et al, recorded April 18,
1947, Book 1083, Official Records, Page 73; thence from said point of beginning west,
along said main street to the west line of the parcel of land described in the Deed to S. Del
Porto, recorded September 25, 1912, Book 188 of Deeds, Page 386; thence along the
exterior line of said Del Porto Parcel, north 110.68 feet and south 67°15' east 49.99 feet
to the west line of said Peterson Parcel; thence south along said west line, 91.34 feet to
the point of beginning.
Excepting therefrom: Mineral rights reserved in the Deed from Marion Jean Michelotte,
et al, dated August 20, 1977 and recorded September 6, 1977, Book 8493, Official
Records, Page 101, as follows:
"All oil, gas, casinghead gas, asphaltum and other hydrocarbons and all chemical gas, now
or hereafter found, situated or located in all or any part of or portion of the land herein,
described lying more than five hundred feet (500) below the surface thereof, together with
the right to slant drill for and remove all or any of said oil, gas, casinghead gas, asphaltum
and other hydrocarbons and chemical lying below a depth of more than five hundred feet
below the surface thereof; but without any right whatsoever to enter upon the surface of
said land or upon a surface of said land or upon any part of said lands within five hundred
feet (500) vertical distance below the surface thereof."
Assessors Parcel No: 037-160-024-8
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gArea1prop\temp\MainSt.t12
State of California )
County of Contra Costa )
On December 12, 1996, before me, Ronald Babst, a Deputy Clerk of the Board of
Supervisors, Contra Costa County, personally appeared Manuel Joseph Dutra and Carma
Jean Dutra, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument, the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
In witness whereof, I have hereunto set my hand the day and year first above written.
Signature
Deputy Clerk
Sra'coUx'�
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g:4ealpropVempWK1 MJDA12
December 16,1996