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HomeMy WebLinkAboutMINUTES - 01272004 - C1-C5 .......11..........................................I.......................................................................... ..........- ................................................................... TO: � BOARD OF SUPERVISORS ' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 27, 2004 SUBJECT: Approve Project Contingency Fund Increase for the Olympic Boulevard Pedestrian Path Project, Project No. 0662-684208-03, Walnut Creek area. District 11 ----------- Specific Requestfs)or Recornmendatlon(s)&Background&Justiftcation 1. Recommended Action: APPROVE project contingency fund increase of $16,000 for a new total of $44,933 effective January 27,2004 in order to compensate the contractor,W.R. Forde Associates,for extra work due to unforeseen conditions. 11. Financial Impact: The project contingency funds are currently insufficient to cover the increased cost.The increase in contingency funds will be funded by 58%Transportation Development Agency Grant,29%Measure C and 13% Drainage Area 15A Funds. Continued on attachment: X yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE __.,,—APPROV OTHER SIGNATURE(S)..: ACTION OF BOA N:JANUARY Z/, /-UU4 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS xx UNANIMOUS (ABSENTNONE) AYES: NOES: I hereby certify that this is a true and correct copy of an ABSENT: ABSTAIN: action taken and entered on the minutes of the Board of Supervisors on the date shown. Contact: Mike Carlson,(925)313-2320 Orig.Div.: PW(Construction) ATTESTED: JANUARY 27, .2004 cc: County Administrator Auditor-Controller JOHN SWEETEN, Clerk of the Board of Supervisors and Public Works County Administrator - Accounting - Construction,P.Edwards - Design - Transportation Engineering By Deputy Contractor PE:th 0:\GRPDATAICONSTkBO\2003\APPROVECONTINGEt4CYOLYMPICBLVD.DOC SUBJECT: APPROVE PROJECT CONTINGENCY FUND INCREASE FOR THE OLYMPIC BOULEVARD PEDESTRIAN PATH PROJECT, PROJECT NO.0662-6R4208-03,WALNUT CREEK AREA. DISTRICT 11 DATE: JANUARY 27, 2004 PAGE 2 OF 2 111. Reasons for Recommendations and Background: Additional funding is needed to pay the contractor for extra work that was not part of the original contract. The extra work included additional retaining walls,handrails,concrete drainage facilities, earthwork, and erosioncontrol measures. These changes will alleviate potential safety hazards, localized drainage issues and aesthetic deficiencies on the project. The additional work costs exceed the project contingency fund. Approval of the project contingency.fund increase is required to compensate the contractor for the additional work. IV. Consequences of Negative Action: The lack of approval would prevent successful completion of this contract and preclude payment to the contractor for required work. TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 27, 2004 SUBJECT: SUB 8023—APPROVE and AUTHORIZE the Public Works Director,or designee,to Reimburse Hofmann Land Development Company with funds deposited by Centex Homes for traffic signal improvements completed on State Route 4 at Bixler Road, Discovery Bay area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee, to reimburse Hofinann Land Development Company the amount of$60,234.44 for traffic signal improvements completed on State Route 4 at Bixler Road. Centex Homes deposited the said amount to the County as required by condition of approval#34W of Subdivision 7909(x-ref SUB 7679). The reimbursement will provide compliance with condition#52C4)bl-3 of Subdivision 8023 and condition#34W of SUB 7909,(x-ref SUB 7679). Continued on Attachment: X SIGNATURE: -,4' 'L�L , _RECOMMENDATION OF BOARD COMMITTEE ,APPROVE OTHER F 1 SIGNATURE(S): ACTION OF BOON JANt1ARY 27 200VPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action VOTE OF SUPERVISORS taken and entered on the minutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT NONE } date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JANUARY 27, 2004 CLJOHN SWEETEN,Clerk of the Board Of Supervisors and County :no G:1GrpData\EngSvc\BO\2004\01-27-04'Hofinann BO.doc Administrator Orlg.Div: Public Works(Engineering Services) Contact: Chris Lau(313-2293) cc: Auditor-Controller Accounting Transportation Engineering By >Deputy Robert Henry Hofininn Land Development Company 1380 Galaxy Way Concord,CA 94522 John Buller Centex Homes 1855 Gateway Blvd.Suite#650 Concord,CA 94520 SUBJECT: SUB 8023 —APPROVE and AUTHORIZE the Public Works Director, or designee, to Reimburse Hofmann Land Development Company with funds deposited by Centex Homes for traffic signal improvements completed on State Route 4 at Bixler Road, Discovery Bay area. (District 111) DATE: January 27, 2004 PAGE: 2 II. FiscalImnact: There is no impact to the General Fund. The County has not funded any of the improvements related to this action. Funding for the construction of this traffic signal is provided solely by the developers as described above. The improvements were conditioned to the developers and completed by the developers with oversight by the County. IIL Reasons for Recommendations and Background: Traffic signal improvements at State Route 4 and Bixler Road were constructed by Hofmann Land Development Company under SUB 8023 as a condition of approval. Hofmann Company was responsible for 50%of the cost of improvements. The remaining 50% of the costs were contributed by Centex Homes(25%), Pacific Development Group (18%)and Byron 78 (7%). Pacific Development' Group and Byron 78 have fully reimbursed Hofmann Company directly. The remaining 25%totaling $60,234.44, accrued by the original deposit of$47,743.25 plus interest to date(DP#293201),was deposited into the Road Improvement Fee Special Revenue Fund(139200-0682) on April 3, 1997 by Centex Homes, The Public Works Department has reviewed submitted construction costs from Hofinann Company and Pacific Development and is in agreement on the reimbursable amount. The Public Works Department has also determined that completion of this reimbursement will comply with the conditions of approval for both Subdivision 8023 and Subdivision 7909 (x-ref SUB 7679). The available funds accrued through interest totals$62,587.84. Upon approval by the Board of Supervisors, the reimbursable amount of$60,234.44 will be released to the Hofmann Company and the remaining balance will be returned to Centex Homes. Furthermore,Centex Homes will be released of any further responsibility relating to condition of approval#34W for Subdivision 7909(x-ref SUB 7679). IV. Consequences of Negative Action: If the action is not approved, the deposit will be returned to Centex Homes and the conditions of approval for Subdivision 8023 and Subdivision 7909(x-ref SUB 7679)will not be met. THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 27, 2004 by at least a four-fifths vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBE RG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE_.: RESOLUTION NO. 2004/51 ABSTAIN: NONE (Gov't Code § 25363) SUBJECT: ADOPT Resolution No. 2004/ 51 approving Notice of Intention to Self County surplus property, a vacant commercial lot located on the southwest comer of Willow Pass Road and Goble Drive on the north side of Highway 4. [CDD-CP# 94i-78]. APN 097-150-012 Bay Point Area. District V. Project No. 0662-6R4332 The Board of Supervisors of Contra Costa County RESOLVES THAT The Board DETERMINES that the parcel of vacant land, acquired for highway purposes, described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPROVED and the Real Property Division is DIRECTED to publish the attached Notice of Intention to Sell Real Property for five days prior to said sale in a newspaper published in the County or post in three (3) public places in the County for that period; pursuant to Government Code Section 25363. The Board sets Wednesday, March 17, 2004 at 11:00 a.m., at 255 Glacier Drive, Martinez, California, as the time and place where oral bids will be received and considered. The Board reviewed and approved the project on June 18, 1996, and determined the project to be exempt from the California Environmental Quality Act as a Class 12 Categorical Exemption. A Notice of Exemption was filed July 9, 1996. This activity has been found to conform to the County's General Plan. CP:eh G:\Grp7ata\RealProp\2004-Files\BOS&RES\BR5 Gobie.doc I hereby certify that this is a true and correct copy of an action taken and entered on the Orig.Dept.: Public Works(RP) minutes of the Board of Supervisors on the Contact: Carla Peccianti,Tel. (925)313-2222 date shown. cc: P/W Accounting County Administrator ATTESTED: JANUARY 27, 2004 Assessor JOHN SWEETEN,Clerk of the Board of Auditor-Controller Supervisors and County Administrator Community Development Dept Engineering Services--Environmental By Deputy L.Dalziel,Clerk Specialist,Adm. RESOLUTION NO. 2004/ 51 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF INTENTION TO SELL REAL PROPERTY (Government Code § 25363) The County Real Property Division will sell at public auction to the highest responsible bidder,the vacant commercial lot hereinafter described: Assessor's Parcel No.097-150-012, located on the southwest corner of Willow Pass Road and Goble Drive on the north side of Highway 4. The auction will be held at 255 Glacier Drive, Martinez, California, on Wednesday, March 17, 2004 at 11:00 a.m. Minimum Bid: $600,000. Terms and Conditions of Sale are available at the office of the County Real Property Division, 255 Glacier Drive, Martinez, California 94553, or may be requested by phone to be mailed by calling (925) 313-2220. The County reserves the right to reject any and all bids received. The parcel will be sold as is and the purchaser assumes all risks and responsibility. The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks and responsibilities. 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: .JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By Deputy Publication Dates: RESOLUTION NO. 2004/ NOTICE OF PUBLIC LAND SALE �IIlI Option to Purchase Auction Sale DATE: Wednesday, March 17, 2004 TIME: 11:00 A.M. PLACE: Public Works Department Conference Room "A" 255 Glacier Drive Martinez, CA 94553 PROPERTY LOCATION: Southwest comer of Willow !Pass Road and Goble Drive, on the north side of Highway,4, in the Bay Point area. APN 097.150-012 PROPERTY INFORMATION: Size: 2.91± acres, vacant site General Plan: Commercial (CO') Zoning: Planned Development (Commercial) Utilities: Water, sewer, gas,;and electricity available. Taxes: Not presently taxed will',return to tax rolls after sale. MINIMUM BID: $600,000.00 OPTION DEPOSIT AMOUNT: $20,000.00 in the form of a certified check, cashier's check or money order (no personal checks). OPTION PERIOD: 60 days after acceptance of the bid by the Contra Costa County Board of Supervisors. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT REAL PROPERTY DIVISION 255 GLACIER DRIVE, MARTINEZ, CA 94553 For additional information call Carla Peccianti, Senior Real Property Agent, at (925) 313-2222 or(925) 313-2220, Monday through Thursday, between 7:00 a.m. and 5:00 p,m. cpeccian@pw.co.contra-costa.ca.us G:1GrpData\RealProplCarlalsurplus land salesWuctlonNoticeGoble.doc January 12,2004 NOTICE TO BIDDERS The sale property is an oblong shaped parcel containing approximately 1.87 acres. The parcel was assembled from the remaining land acquired in connection with the improvements and realignment of Willow Pass Road interchange to Highway 4. The site contains no trees or structures. All public utilities are available along Evora Road. The subject property has a General Plan designation of Commercial with a Zoning designation of Planned Development (Commercial). The parcel is lobated in the Bay Point area of Contra Costa County. Maureen Toms of the County should be contacted at (925) 335-1250 for questions related to planning. The County is selling the property "Where is, as is", and it is the responsibility of the prospective bidders to satisfy himself/herself as to any risk associated with the property, now or in the future. G.kGrpDatakRealProplCarla\NoticetoSidders evora.doc January 12,2004 ORAL BIDDING In order to participate in the bidding procedure a CASHIER'S CHECK,CERTIFIED CHECK,OR MONEY ORDER,in the amount of$20,000 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the$600,000 set bid and continue thereafter until the highest oral bid is finally accepted. At the close of bidding,the highest bidder will be required to execute an"Option to Purchase Agreement"and to leave with the auctioneer their $20,000 non-refundable deposit in the form of a CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER. BID ACCEPTANCE Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors by Resolution authorizing and directing the execution of the deed. BID REJECTIONS The County reserves the right to reject any and all offers and waive any informality or irregularity in any offer or to accept any offer deemed in the best interest of the County,or to withdraw the property from the sale. BIDDER DEFAULT In the event that the high bidder fails to exercise his or her Option within the Option period or defaults in completion of the sale,the County may,at its discretion,offer the Option to the second_highest bidder. If the second highest bidder accepts the offer,the deposit requirement and terms of Caption to,Purchase shall be the same as stated in this notice of sale,except that the Caption period shall commence upon acceptance by the Board of Supervisors. CLOSING TRANSAC11ON Successful bidder will have the Option period of 60 days after bid acceptance to complete the transaction under the TERMS OF OPTION TO PURCHASE, attached hereto. In the event any term or condition in the agreement conflicts with or violates any statutory requirements in the sale of public property, then only that part or portion of this agreement so conflicting',shall be amended to conform with any applicable legal requirements at the time. All County employees may bid to acquire surplus County property,except employees who have direct access to information not generally available to the public or who influence the purchase or sale of right of way or other real property. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED. G:1GrpDatatRealPropiCarialsurplus nand sateslOralBiddingGobel.doc January 12,2004 OPTION AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE OPTIONEE NAMED HEREIN (Nat to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY, a political subdivision of the State of California ("County"), is the owner of certain real property described in Exhibit "A° attached hereto and made a part hereof, hereinafter referred to as the "Property." b. County proposes to sell the Property. C, ("Optionee") desires to acquire the exclusive right to purchase the Property at an agreed price and under the !specific terms and conditions below. 2. Effective Date. The effective date of this Option shall be the date that this Option is approved by the Contra Costa County Board of Supervisors("Effective Date"). 3. Grant of Option. County grants to Optionee the exclusive option to purchase the Property on the terms and conditions in this Option Agreement. 4. Term of Option. The term of this Option shall commence on the Effective Date and shall expire or terminate on the earliest of the following dates: a. Option Tenn. Sixty (60) days following the Effective Date, unless during said sixty- day period District agrees in writing to extend the Option Period. b. Extension of Option Period. County, in its sole discretion, shell have the right, but not the obligation, to extend the term of the Option Term, under such terms and conditions as County believes is reasonable, if County, in its sole:discretion, believes such extension is warranted. No such extension shall be effective unless and until it is in writing signed by both parties. C. Breach. Immediately upon a breach or default by Optionee' under this Option Agreement. d. Purchase. The date that the Optionee acquires the entirety of the Property. 5. Consideration for Option a. Payment. As consideration for the Option granted under this Agreement, Optionee agrees to pay County the sum of Twenty Thousand Dollars ($20,000:00) upon the terms and conditions outlined herein, said amount to be credited to the Purchase I Price of the Property ("Option Consideration"). The Option Consideration shall be paid before the date this Agreement is approved by the Board of Supervisors. The Option Consideration shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. b. Retention of Option Consideration. Except as provided in Section 10 below, all Option Consideration paid to or on behalf of County shall belong to County and be retained by County,whether or not Optionee ultimately exercises its right to purchase the Property. County shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. If the Optionee exercises its Option, at County's option the sale may be consummated through an escrow at a title company to be selected by County ("Title Company"). In such case, Optionee hereby authorizes County to prepare and file escrow instructions with said Title Company on behalf of Optionee in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shalt be deemed to be conveyed on the date the deed to Optionee is recorded ("Closing Date"). All escrow fees, recording fees, documentary transfer taxes or other real estate transaction taxes or fees, by whatever name known, including broker's commission, if any, and personal property sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the Optionee, Optionee will be solely responsible to pay the premium charged therefor. b. Purchase Price. The purchase price ("Purchase Price")for the Property during the Option Term is the sum of Dollars ($' ). All Option Consideration paid by Optionee shall be credited to the Purchase Price of the Property. The Purchase Price shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. C. Title; Grant Deed. The right, title and interest in the Property,';to be conveyed by County pursuant to this Agreement shall not exceed that vested in the County. If the Optionee exercises its option, the Property shall be conveyed to Optionee subject to all title exceptions, restrictions, easements, liens and reservations, whether or not of record. The sale under this Option is subject to the approval of the Contra Costa County Board of Supervisors. The Optionee may not take possession of the Property until a deed from the Contra Costa. County has been recorded. If the Optionee exercises its Option, upon approval by the Board of Supervisors, the County shall convey title to the Property to the Optionee by;;Grant Deed. It is understood that Optionee acquires no right, title, interest or equity in or to said property until a grant deed to Optionee is recorded. 7. Exercise. From and after the Effective Date, this Option may be exercised by Optianee's delivering to County before the expiration of the Option Term, written notice of the exercise ("Exercise Notice")and payment of the Purchase Price to the County. 2 ............................................................................ .....................-.................................... .............. 8. Condition of the Property. Neither County, nor its agents or employees have made any warranty, guarantee or representation concerning any matter or thing affecting or relating to the Property nor does it assume any responsibility for the conformance to codes or permit regulations of the city or County within which the Property is located. If Optionee exercises this Option, Optionee will accept the Property in an "as is" condition. County has not made and does not make any representation as to the physical condition of the Property. 9. Right of Entry. During the term of this Option and prior to the Closing Date, Optionee, its agents, contractors and employees, shag have the right to enter the Property at all reasonable times for the purpose of performing reasonable tests, engineering studies, surveys, soil and environmental tests and other tests, surveys, studies, and investigations of the Property as Optionee determines necessary or desirable. Optionee will defend, indemnify and hold County harmless from any claim, loss or liability in connection with any entry by Optionee, its contractors, agents and employees and Optionee will be solely responsible for all costs incurred in connection with these activities or Optionee's investigation of the Property. 10. Informalities; Cancellation of Sale. County reserves the right to waive any informality or irregularity on any offer or cancel the sale at any time prior to recording of a deed. In the event of cancellation of sale by County, through no fault, action or inaction of Optionee, all monies deposited shall be refunded without payment of interest. 11. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three(3)business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. b. The place for delivery of all notices given under this Agreement shall be as follows: 3 County: Real Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn. Carla Pecclanti Telephone: (925)313-2222 Fax: (925) 313-2333 Optionee: (Name (Address) (Telephone) or to such other addresses as Optionee and County may respectively designate by written notice to the other. 12. Assignment, Successors and Third-Party Rights. This Option and all rights under this Agreement shall be freely assignable. This agreement shalt be binding on and inure to the benefit of the parties, and their respectiveheirs, personal representatives, successors and assigns. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 13. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement, The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. 14. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 15. Governing Law. This Agreement shall be governed and construed in accordance with California Law. The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 4 16. Severability. Should Any term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of California, or otherwise to be unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions of this Agreement shall be deemed severable and shall not be affected thereby, provided that such remaining parts, terms, portions or provisions can be construed in substance to constitute the Agreement that the parties intended to enter into in the first instance. 17. Indemnification. As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save and hold harmless County, its officers, agents, and employees, from any and all claims, costs and liability for any damages, sickness, death or injury to persons or property, including without limitation all consequential damages,from any cause whatsoever, including the sole or joint negligence of County, its agents, officers or employees, arising directly or indirectly from or connected with the repairs or any present or future condition of the Property or use of the Property which is the subject of this Agreement, or any representations, misrepresentations or non-representations regarding its condition or use, and will make good to and reimburse County for any expenditures, including reasonable attorneys' fees that County may make by reason of such matters and, if requested by County,will defend any such suits at the Optionee's sole expense. 18. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the close of escrow of the Property, shall be fully enforceable after the Closing Date in accordance with their terms and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 19. Negation of Optionee or Partnership. No provision of this Agreement shall be construed as making either party;an agent or partner of the other party. 20. Time of Essence. Time is of the essence for the Option Agreement. if the Caption is not exercised in the manner provided in Section 7 before the expiration of the applicable Option Term, Optionee shall have no interest in the Property and the Option may not be revived by any subsequent payment or further action by Optionee. 21. Waivers. No waiver of any breach of any covenant or provision in this Agreement shall be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 5 22. Amendment. This Agreement may not be amended or altered except by a written instrument executed by County and Optionee. 23. Entire Agreement. This Agreement contains the entire agreement between the parties respecting the matters set forth, and expressly supersedes all previous or contemporaneous agreements, understandings, representations or statements between the parties respecting this matter. CONTRA COSTA COUNTY OPTIONEE By By hair, Board of Supervisors ATTEST: JOHN SWEETEN, Clerk of the Board By of Supervisors and County Administrator By �.- C.1eputy APPROVED AS TO FORM: By County Counsel NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A-Legal Description G:\Grpl:lata\RealProp\Carla\surplus land sales\option goble.doc January 12,2004 6 Willow Pass Road at Goble Drive Sade of Excess Land PARCEL 1 - Contra Costa County DWG. M416-96 EXHIBIT "A" PARCEL 1: (Fee Title) Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the Northwest 1/4 of Section 15, Township 2 North, Range 1 West, Mount Diablo Meridian, described as follows: Beginning at the most southerly corner of PARCEL 1 (50859-1) as described in the "Final Order of Condemnation, No. C92-01465, filed March 25, 1993 in Boob 18381 of Official Records at page 690, records of said County; thence, from the Point of Beginning, along the southwest line of said PARCEL 1 (50859-1) (18381 OR 690), north 58°40'51 "west 22.96 feet; thence,, leaving last said line, north 16106"10" west 120.56 feet; thence north 10011'57" west 212.86 feet; thence north 16008'06" west 235.92 feet to a point which bears south 25013'25" east 62.00 feet from Station "WP"24+96.09, as said `"WP" line is shown on the "Project Plans for Construction on State Highway in Contra Costa County, near Concord and Pittsburg, from Willow Pass Road Undercrossing to Bailey Road Undercrossing," Contract No. 04-120294 on file with the State of California, Department of Transportation, said point from which a radial line of a non-tangent curve concave to the southeast, having a radius of 1068.00 feet, bears south 25013"25"east; thence, northeasterly along the arc of said curve, through a central angle of 7048'13", a distance of 145.46 feet; thence north 7203448"east 239.95 feet; thence, northeasterly along the arc of a tangent curve, concave to the northwest having a radius of 862.00 feet, through a central angle of 31,2741", a distance of 52.08 feet to a point of reverse curvature; thence, northeasterly, southeasterly, and southwesterly along the arc of said reverse curve, concave to the southwest, having a radius of 27.00 feet:., through a central angle of 12404233", a distance of 58.77 feet; thence south 13048"40"west 18.06 feet; thence south 28029"43" west 31.47 feet; thence south 39044"42" west 165.77 feet; thence south 49012"15" east 49.72 feet; thence south 39°29'11"west 260.98 feet to a point from which a radial line of a non-tangent curve, concave to the northwest, having a radius of 1289.93 feet, bears north 3801015"west; thence, southwesterly along the are of said curve, through a central angle of 002332", a distance of 8.83 feet to the most northerly corner of said PARCEL 1 (50859-1) (18381 OR 690); thence non-tangent to said curve, along the southeast line of said PARCEL 1 (50859-1), south 7004"00"west 264.00 feet to the Point of Beginning. Containing an area of 2.91 acres of land, more or less. RELINQUISHMENT OF ABUTTER'S RIGHTS: The Grantor hereby releases and relinquishes any and all abutter's rights of access along the following described line: Beginning at the said most southerly corner of PARCEL 1 (50859-1) (18381 OR 690); thence from said point, north 58°40'51"west 22.96 feet; thence north 16°06'10" west 120.56 feet; thence north< . ........................................................................................................................................................................................................ ..... .......... ......_........ ........._.. ...._..._......................_....._... . ......... ._...__..... .._...._... .._..._.... ....__....._......... 10°11'57" west 212.86 feet, thence north 16°08'06"west 235.92 feet to the terminous of said line. Bearings are based on the California Coordinate System Zone 111 (CCS83). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Sors Act. _ Signature: LAND s , Licensed Land Surveyor Contra Costa County Public Works Exp 'I�' f-DU ik Date: _ cif /`c - ` t3a. ,9q9 f l r fOF CAL /R1 JH:sd G:Grp€7ata1Clerical\EXHIBITS119991Excess Property Willow Pass Rd @ Goble Drive.doc 9/28/99 2 f ` CLO uj so Fi "w » we•o ` tsQ t 7##f F U 0 Z C7 F-- w V) LL) s� Z C7 a Z a � � s � s s s t r � E' 1 R Pr 1 �l C` 1! tt •t VE ►ACFGt AVE MAV IWERVIEW MIME ♦ o t .SCHOX A+ i t�4 FY; B CC PAAOYC P t • Y'tY ii iY �y _ res w m �4 IF as a. ■ r es ' Wvvmun OR t � 4 t At 4Kr d�9• } I r to t = SL� M4TEMEW K Ja � G�WC AAib01tl. `t Sr"'~� .. —•'-.-- « z & $ JD LN 4A i rim � c • rc a / 1 y A7MA1 M71 CM'J( t iANO FpM77t 1 Nr �� �b' r it till ....� 4y..,`�� -./ff�y/ !n FYI �•r SITE EVORA ROAD] SITE GOBLE } DRIVE _.... .._...... ......... .............. __._.._... ........-_.......... THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 27, 2004, by at least a four-fifths vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER. NOES: NOt ABSENT: NONE RESOLUTION NO. 2004/ 52 ABSTAIN: NONE (Gov't Code § 25363) SU'BJ'ECT: ADOPT Resolution No. 2004/ S2 approving Notice of Intention to Sell County surplus property, a vacant commercial lot located on Evora Road on the incest side of Willow Pass Road and north of Highway 4. {CDD-CP# 00-12]. APN 098-230-050 Bay Point Area. District V Project No. 4660-6X4146 The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of vacant land, acquired for highway purposes, described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPROVED and the Real Property Division is DIRECTED to publish the attached Notice of Intention to Sell Real Property for five days prior to said sale in a newspaper published in the County or post in three (3) public places in the County for that period; pursuant to Government Code Section 25363. The Board sets Wednesday, March 17, 2004, at 11:00 A.M., at 255 Glacier Drive, Martinez, California, as the time and place where oral bids will be received and considered. The Board reviewed and approved the project on September 19,2000, and determined the project to be exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines. A Notice of Exemption was filed September 21, 2000. This activity has been found to conform to the County's General Plan. I hereby certify that this is a true and correct CP:eh copy of an action taken and entered on the G:\GrpData\Rea3Prop12004-Fifes\BOS&RES\BR5 Evora.doc minutes of the Board of Supervisors on the Orig.Dept.: Public Works(RP) Contact: Carta Peccianti.(925)313-2222 date shown. cc: P/W Accounting ATTESTED: JANUARY 27, 2004 County Administrator JOHN SWEETEN, Clerk of the Board of Assessor Supervisors and County Administrator Auditor-Controller Community Development Dept Engineering Services—Environmental By7eputy L. Dalziel,Clerk Specialist,Adm. RESOLUTION NO. 2004/_52 CONTRA COSTA COUNTY PUBLIC WORDS DEPARTMENT 255 Glacier Thrive Martinez, CA 94553 NOTICE OF INTENTION TO SELL REAL PROPERTY (Government Code § 25363) The County Real Property Division will sell at public auction to the highest responsible bidder,the vacant commercial lot hereinafter described: Assessor's Parcel No. 098-230-050, located on Evora Road on the west side of Willow Pass Road and north of Highway 4. The auction will be held at 255 Glacier Drive, Martinez, California, on Wednesday March 17, 2004 at 11:00 a.m. Minimum Bid: $350,000. Terms and Conditions of Sale are available at the office of County Real Property Division, 255 Glacier Drive, Martinez, California 94553,www.co.Gontra-costa.ca.us/depart/pw or may be requested by phone to be mailed by calling (925) 313-2220. The County reserves the right to reject any and all bids received. The parcel will be sold as is and the purchaser assumes all risks and responsibility. The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks and responsibilities. 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: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By . Deputy Publication Dates: RESOLUTION NO. 2004/ NOTICE OF PUBLIC LAND SALE Option to Purchase i Auction Sale i ill�lii DATE: Wednesday, March,17, 2004 TIME: 11:00 00 A.M. PLACE: Public Works Department Conference Roam "A" 255 Glacier Drive Martinez, CA 94553 PROPERTY LOCATION: Southside of Evora Road, west of Willow Pass, Road opposite Pomo Street on the northside of Highway 4. APN 498-234-050 PROPERTY INFORMATION: Size: 1.87± acres, vacant site General Plan: Commercial (CO) Zoning: Planned Development (Commercial) Utilities: Water, sewer, gas, and electricity available. Taxes: Not presently taxed, will return to tax rolls after sale. MINIMUM BID: $350,404.04 OPTION DEPOSIT AMOUNT: $20,000.40 in the form of a certified check, cashier's check or money order (no personal checks). OPTION PERIOD: 60 days after acceptance of the bid by the Contra Costa County Board of Supervisors. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT REAL PROPERTY DIVISION 255 GLACIER DRIVE, MARTINEZ, CA 94553 For additional information call Carla Peccianti, Senior Real Property Agent at (925) 313-2222 or (925) 313-2220, Monday through Thursday, between 7:00 a.m. and 5:00 p.m. cpeccian@pw.co.contra-costa.ca.us pw.co.contra-costa.ca.us G:\GrpData\RealProptCariaisurplus land saiestAuctionNoticeEvora.doc January 12,2004 NOTICE TO BIDDERS The sale property is a mostly level triangular shaped parcel containing approximately 2.91 acres. The parcel was assembled from the remaining land acquired in connection with the improvements and realignment of Willow Pass Road interchange to Highway 4. The site contains no structures. All public utilities are available along Willow Pass Road or Goble Drive. The subject property has a General Plan designation of Commercial with a Zoning designation of Planned Development (Commercial). The parcel is located in the Bay Point area of Contra Costa County, Maureen Toms of the County should be contacted at (925) 335-1250 for questions related to planning. The County is selling the property "where is, as is", and it is the responsibility of the prospective bidder to satisfy himself/herself as to any risks associated with the property, now or in the future. G:tGrpDatalReatProplCartalsurplus land sales\NottcetoBtdders gobet.doc January 12,2004 ORAL BIDDING In order to participate in the bidding procedure a CASHIER'S CHECK CERTIFIED CHECK,OR MONEY ORDER,In the amount of$20,000 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the$350,000 set bid and continue thereafter until the highest oral bid is finally accepted. At the close of bidding,the highest bidder will be required to execute an"Option to Purchase Agreement"and to leave with the auctioneer their $20,000 non-refundable deposit in the form of a CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER. BID ACCEPTANCE Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors by Resolution authorizing and directing the execution of the deed. BID REJECTIONS The County reserves the right to reject any and all offers and waive any informality or irregularity in any offer or to accept any offer deemed in the best interest of the County, or to withdraw the property from the sale. BIDDER DEFAULT In the event that the high bidder fails to exercise his or her Option within the Option period or defaults in completion of the sale,the County may, at its discretion,offer the Option to the second highest bidder. If the second highest bidder accepts the offer,the deposit requirement and terms of Option to Purchase shall be the same as stated in this notice of sale,except that the Option period shall commence upon acceptance by the Board of Supervisors. CLOSING TRANSACTION Successful bidder will have the Option period of 60 days after bid acceptance to complete the transaction under the TERMS OF OPTION TO PURCHASE, attached hereto. In the event any term or condition in the agreement conflicts with or violates any statutory requirements in the sale of public property, then only that part or portion of this agreement so conflicting shall be amended to conform with any applicable legal requirements at the time. All County employees may bid to acquire surplus County property,except employees who have direct access to information not generally available to the public or who influence the purchase or stale of right of way or other real property. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED. G:\GrpOata%RealProp\Carla\surplus land sales\0ral8iddingEvora.doc January 12,2004 ... ._.............._............................................................................................................................... .... ......... ......... ........-_................. ......._... ........ ............. ....._...._... .__._.... ........._..................._....... OPTION AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY, a political subdivision of the State of California ("County") is the owner of certain real property described in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property." b. County proposes to sell the Property. c. ("Optionee") desires to acquire the exclusive right to purchase the Property at an agreed price and under the specific terms and conditions below. 2. Effective date. The effective date of this Option shall be the date that this Option is approved by the Contra Costa County Board of Supervisors("Effective Date"). 3. Grant of Option. County grants to Optionee the exclusive option to purchase the Property on the terms and conditions in this Option Agreement. 4. Term of Option. The term of this Option shall commence on the Effective Date and shall expire or terminate on the earliest of the following dates: a. Option Term. Sixty (60) days following the Effective Date, unless during said sixty- day period County agrees in writing to extend the Option Period. b. Extension of Option Period. County, in its sole discretion, shall have the right, but not the obligation, to extend the term of.the Option Term, under such terms and conditions as County believes is reasonable, if County, in its sole discretion, believes such extension is warranted. No such extension shall be effective unless and until it is in writing signed by both parties. C. Breach. Immediately upon a breach or default by Optionee under this Option Agreement. d. Purchase. The date that the Optionee acquires the entirety of the Property. 5. Consideration for Option a. Payment. As consideration for the Option granted under this Agreement, Optionee agrees to pay County the sum of Twenty Thousand Dollars ($20,000.010) upon the terms and conditions outlined herein, said amount to be credited to the Purchase 1 Price of the Property ("Option Consideration"). The Option Consideration shall be paid before the date this Agreement is approved by the Board of Supervisors. The Option Consideration shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. b. Retention of Option Consideration. Except as provided in Section 10 below, all Option Consideration paid to or on behalf of County shall belong to County and be retained by County,whether or not Optionee ultimately exercises its right to purchase the Property. County shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. If the Optionee exercises its Option, at County's option the sale may be consummated through an escrow at a title company to be selected by County ("Title Company"). In such case, Optionee hereby authorizes County to prepare and file escrow instructions with said Title Company on behalf of Optionee, in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shall be deemed to be conveyed on the date the deed to Optionee is recorded ("Closing Date"). All escrow fees, recording fees, documentary transfer taxes or other real estate transaction taxes or fees, by whatever name known, including broker's commission, if any, and personal property sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the Optionee, Optionee will be solely responsible to pay the premium charged therefor. b. Purchase Price. The purchase price ("Purchase Price")for the Property during the Option Term is the sum of Dollars ($ ). All Option Consideration paid by Optionee shall be credited to the Purchase Price of the Property. The Purchase Price shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. C. Title; Grant Deed. The right, title and interest in the Property;;to be conveyed by County pursuant to this Agreement shall not exceed that vested in the County. If the Optionee exercises its option, the Property shall be conveyed to Optionee subject to all title exceptions, restrictions, easements, liens and reservations, whether or not of record. The sale under this Option is subject to the approval of the Contra Costa County Board of Supervisors. The Optionee may not take possession of the Property until a deed from the Contra Costa County has been recorded. If the Optionee exercises its Option, upon approval by the Board of Supervisors, the County shall convey title to the Property to the Optionee by Grant Deed. It is understood that Optionee acquires no right, title, interest or equity in or to said property until a grant deed to Optionee is recorded. 7. Exercise. From and after the Effective Date, this Option may be exercised by Optionee's delivering to County before the expiration of the Option Term, written notice of the exercise ("Exercise Notice")and payment of the Purchase Price to the County. 2 _....... ......... ......... ......... ......... ......... ......... ......... ...... _.. _.. _. _ __ _ _...... ...... ........_........._.._. ._.............._........ ._........ .....__.. ......... ....._.... ......... ......... 8. Condition of the Property. Neither County, nor its agents or employees have made any warranty, guarantee or representation concerning any matter or thing affecting or relating to the Property nor does it assume any responsibility for the conformance to codes or permit regulations of the city or County within which the Property is located. If Optionee exercises this Option, Optionee will accept the Property in ;an "as is" condition. County has not made and does not make any representation as to the physical condition of the Property. 9. Right of Entry. During the term of this Option and prior to the Closing ©ate, Optionee, its agents, contractors and employees, shall have the right to enter the Property at all reasonable times for the purpose of performing reasonable tests, engineering studies, surveys, soil and environmental tests and other tests, surveys, studies, and investigations of the Property as Optionee determines necessary or desirable. Optionee will defend, indemnify and hold County harmless from any claim, loss or liability in connection with any entry by Optionee, its contractors, agents and employees and Optionee will be solely responsible for all costs incurred in connection with these activities or Optionee's investigation of the Property. 10. Informalities; Cancellation of Sale. County reserves the right to waive any informality or irregularity on any offer or cancel the sale at any time prior to recording of a deed. in the event of cancellation of safe by County, through no fault, action or inaction of Optionee, all monies deposited shall be refunded without payment of interest. 11. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three (3)business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. b. The place for delivery of all notices given under this Agreement shall be as follows: 3 County: Real Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn. Carla Peccianti Telephone: (925)313-2222 Fax: (925) 313-2333 Captionee: (Name (Address) (Telephone) or to such other addresses as Optionee and County may respectively designate by written notice to the other. 12. Assignment, Successors and Third-Party Rights. This Caption and all rights under this Agreement shall be freely assignable. This agreement shall be binding on and inure to the benefit of the parties, and their respectiveheirs, personal representatives, successors and assigns. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 13. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement, The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. 14, Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 15. Governing Law. This Agreement shall be governed and construed in accordance with California Law. The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 4 __ - 16. Severability. Should any term, portion or provisionof this Agreement be finally decided to beinconflict with any law of the United States or of the State of California, or otherwise to be unenforceable or ineffectual, the validity of the remaining parts, 0enna, portions or provisions of this Agreement shall be deemed severable and shall not be affected tMerebv, provided that such remaining parts, terms, portions orprovisions can be construedin substance to constitute the Agreement that the parties intended toenter into |nthe first instance. 17. Indemnification. As partial consideration for this Agreennenƒ. Oodonge shall defend, indemnify, ormtact, move and hold harmless Counn/, its cffimerm, agents, and employees, from !any and all u|oinns, ommis and liability for any darnaQes, sickneSs, death or injury to persons or property, including without limitation all consequential damages, from any cause Whatsoever, including the sole or 'mint negligence of County, its oQenta, officers oremployees, arising directly or indirectly from or connected with the ropohn or any present or future condition of the Property or use of the Property vvh|oh is the subject of this Agreement, or any representations, misrepresentations or non-representations regarding its condition or use, and will make good to and na|nnburae County for any expendituo*o, including naeaonab|m attorneys' fees that County may make by reason of such matters and, if requested by County,will defend any such suits mtthe Dptionea'osole expense. 18. Survival. All of the tmnns` provisions, representations, xvannnUmm and covenants of the parties under this Agreement shall survive the close ofescrow of the Property, shall bmfully enforceable after the Closing Date in accordance with their banns and shall not rnmrgo in the deed or other documents following the delivery and recordation of said deed or other documents. 19. Negation of Optionee or Partnership. No provision of this Agreement shall be construed as making either party an agent or partner ofthe other party. 20. Time ofEssence. Time is of the essence for the Option Agreement. If the Option is not exercised in the manner provided inSection 7before the expiration ofthe applicable Option Term, Ocd|onea shall have no interest in the Property and the Option may not be revived by any subsequent payment orfurther action bv[>obonam. 21. Waivers. No waiver of any breach of any covenant or provision in this Agreement'shall be deemed a waiver ofany other covenant or provision in this Agreement, and nowaiver shall be valid unless inwriting and executed bythe waiving party. � 5 ----__ _........ ......... ......... ......... ......... ......... ......... .......11.1.1.._. ... .. ... ........ .........._................__........... ............................ ....._... ......... ._.._.... ......... .......... 22. Amendment. This Agreement may not be amended or altered except by a written instrument executed by County and Optionee. 23. Entire Agreement. This Agreement contains the entire agreement between the parties respecting the matters set forth, and expressly supersedes all previous or contemporaneous agreements, understandings, representations or statements between the parties respecting this matter. CONTRA COSTA COUNTY OPTIONEE B .�... 4C6i ,�Board­of By Supervisors ATTEST: JOHN SWEETEN, Clerk of the Board By of Supervisors and County Administrator By y putt' APPROVED AS TO FORM: By County Counsel NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZE© Exhibit A-Legal Description G:\Grpbata\RealProp\Carla\surplus land sales\option evora.doc January 12,2004 6 Excess Property Vicinity of Evora Road at Porno Street Drawing M-3005-99 Exhibit "A" PARCEL 1: (FEE TITLE) Real property in an unincorporated area of the County of ContraCosta, State of California, being a portion of the parcel of land described in the deed to Contra Costa County recorded December 22, 1992, in book 13139 of Official Records at page 957, and a portion of the parcel of land described in the deed to Contra Costa County recorded January 22, 1991, in book 15360 of Oficial Records at page!92, described as follows: Beginning at the southwest corner of said Contra Costa County parcel (18139 OR 957); thence from said Point of Beginning along the westerly line of said Contra Costa County parcel (18139 OR 957) north 0°17'20" west 17.87 feet to a point from which a radial line of a non-tangent curve, concave to the northwest, having a radius of 862.011 feet bears north 017'25" west; thence leaving said westerly line of said Contra Costa County parcel, northeasterly along the arc of said curve, through a central angle of 22°41'06" a distance of 341.29 feet; thence non-tangent to said curve, south 46042'54" east 35.02 feet; thence north 68°40'21" east 265.48 feet to a point, said point bears south 15003'00" east 54.41 feet from a found Standard Street Monument stamped "CA DEPT. Trans. LS 6214 NL021," as said monument is shown on the Record of Survey Map "RS2168" filed March 19, 1996, in book 108 of LSM at page 32; thence northeasterly and easterly along the arc of a tangent curve, concave to the south, having a radius of 143.00 feet, through a central angle of 39005'55" a distance of 97.58 feet to a point of compound curvature; thence southeasterly, southerly and southwesterly along the arc of said compound curve, concave to the west, having a radius of 30.00 feet, through a central angle of 123055'05" a distance of 64.88 feet;thence tangent to said curve, south 51°41'21" west 323.44 feet to a point, said point lies on the line labeled "Proposed Right of Way" as shown on the Record of Survey Map "R52002" filed September 12, 1995, in book 107 of LSM at page 49; thence along said "Proposed Right of Way" line, south 87050'51" west 47.74 feet; thence north 77°13'05" west 418.79 feet to the Point of Beginning. Containing an area of 1.87 acres of land, more or less. RELINQUISHMENT OF ABUTTER'S RIGHTS: The Grantor hereby releases and relinquishes any and all abutter's rights of access along the following described line: Beginning at the said southwest corner of said Contra Costa County parcel (18139 OR 957); thence from said point, south 77°13'05" east 418.79 feet; thence north 87°50'51" east 47.74 feet; thence north 51041'21" east 323.44 feet; thence northeasterly, northerly and northwesterly along the arc of a tangent curve, concave to the west, having a radius of 30.00 feet, through a central angle of 123°55'05", a distance of 64.88 feet to a point of compound curvature; thence westerly and southwesterly along the arc of said compound curve, concave to the south, having a radius of 143.00 feet, through a central angle of 39005'55", a distance of 97.58 feat to the terminus of said line. Bearings and distances are based on the California Coordinate System of 1983 (CCS83) Zone lll. Multiply distances shown by 1.0000669 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. Signature. .- LAND S Licensed Land Surveyor , � t Contra Costa County Public Works ' rxp Date: '" - sln. 5599 JH:sd Of 1tPWS1\SHARDATAiGrpDatalClerical\EXHTStTS119991Excess Property Evora at Pomo.doc 1 t}113t99 r u EC3 ' /* I fg 9 ' ru I oft f p all j i bb 1 y f t d iE � f pill �ow WE Md PIP MIR SITE .a.jttli�►�j� ORA ROAD GOBLE DRIVE 1 � TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: January 27, 2004 SUBJECT: North Broadway Revitalization Phase 111. Bay Point area. District V. Project No. 4500-5X5189 Task: ACQ Account: 3540 SPECIFIC OENDATION(S)&BACKGROUNUANUJUSTIF:ICATION 1. Recommended Action: A. APPROVE the Relocation Assistance Claims listed below: CLAIMANT CLAIM DATE PAYEE AMOUNT Elizur and Sharlene Moving Expense 01-09-04 Elizur and Sharlene $2,549.00 Divinagracia Divinagracia B. AUTHORIZE the Principal Real Property Agent to sign said claim forms on behalf of the County. C. APPROVE payment as listed above for said relocation expenses and AUTHORIZE the Auditor- Controller to issue a check in the amount of$2,549.00 payable to Elizur andSharlene Divinagracia, 3045 Winterbrook Drive, Bay Point, CA, to be forwarded to the Real Property Division for delivery. II. Financial lmpact: The activity is funded 100% by the Con#r osta County Redevelopment Agency. Continued on Attachment: X SIGNATURE: " _RECOMMENDATION OF COUNTY ADM] TOR _RECOMMENDATION OF BOARD COM 1TT �T'ROVE OTHER SIGNATURE(S): ACTION OF BOA N J NfIARV 2" �C1l�LAPPROVED AS RECOMMENDED xx OTHER VOTE OF SUPE ISORS xx UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: 1 hereby certify that this is a true and correct copy of an action taken and entered on the CP:eh minutes of the Board of Supervisors on the G:\GrpData\RealProp12004-Files\130S&RES\BOIO Divinagracia.doc date shown. Div: Public Works(RIP) JANUARY 27 2004 Contact: Carla Peccianti(313-2222) ATTESTED: i cc: County Administrator John Sweeten,Clerk of the Board of Auditor-Controller(via RIP) Supervisors and County Administrator P.W.Accounting gy Deputy Recorder(via RIP) L.Dalziel,Clerk Specialist,Adm. Subject: North Broadway Revitalization—Phase I I I Date: January 27, 2004 Page: Page 2 III. Reasons for Recommendations and Background: The Divinagracias were required to relocate from their home at 101 N Bella Monte Avenue, #B, Bay jPoint in order for the Redevelopment Agency to proceed with the Revitalization Project in the Bay Point Community. The Divinagracias have moved into their new dwelling at 3045 Winterhrook Drive Bay Point and the moving expenses are part of their relocation entitlement entitlements that are required by Goverment Code§ 7260, et. Seq. IV. Consequences of Negative Action: The County will not be in compliance with State and Federal law.