HomeMy WebLinkAboutMINUTES - 10262004 - C6 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: October 26, 2004
SUBJECT: RESCIND the Board of Supervisors adoption of Resolution No. 2004/4 on January 6,
2004 approving the conveyance of County interest in Real Property to the State of
California; ADOPT Resolution approving the Conveyance of County interest in Real
Property to the State of California in connection with the widening of State Route 4 at
Bixler Road for the development of Subdivision 8456; Portion of Assessor's Parcel
No. 011-220-030 & 011-220-031. Discovery Bay Area. District Ili.
Project No. 0651-61-073E
SPECIFIC REQUEST(S)OR RECOIVMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. RESCIND the Board of Supervisors adoption of Resolution No. 2004/4 on January 6,
2004 approving the conveyance of County interest in Real Property to the State of
California.
B. ADOPT Resolution approving the conveyance of County interest in Real Property
to the State of California in connection with the widening of State Route 4 at Bixler
Road, for the development of Subdivision 8456.
C. DETERMINE property rights to be no longer necessary for County purposes.
D. APPROVE and AUTHORIZE the conveyance of said property rights to the State of
California
Continued on Attachment: X SIGNATURE:
COMMENDATION OF COUNTY ADMINISTR
RECOMMENDATION OF BOARD COMMITTEE
'PROVE OTHER
SIGNATURE(S)'.
ACTION OF BO ON OCMBER 26,-2-004 APPROVED AS RECOMMENDED OTHER
VOTE.OF SUPE VISORS
xx UNANIMOUS(ABSENT NONE }
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct
esp:eh copy of an action taken and entered on the
G:\GrpData\RealProp\2004-Files\BOS&RES\BO Bixler 102604.doc minutes of the Board of Supervisors on the
Div: Public works(RfP) date shown.
Recording to be completed by the State of California ATTESTED OCTOBER 26, 2004
Contact: Carmen Pina-Sandoval(313-2305) JOHN SWEETEN,Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-Controller(via RfP) '
Deputy
P.W.Accounting By
Subject: RESCIND the Board of Supervisors adaption of Resolution No. 200414 on January 6,
2004 approving the conveyance of County interest in Real Property to the State of
California; ADOPT Resolution approving the Conveyance of County interest in Real
Property to the State of California in connection with the widening of State Route 4 at
Bixler Road for the development of Subdivision 8456; Portion of Assessor's Parcel
No. 091-220-030 & 011-220-031. Discovery Bay Area. District Ill.
Date: October 26, 2004
Page: 2
1. Recommended Action: (Continued)
E. AUTHORIZE the Chair of the Board of Supervisors to execute the Grant Deed on behalf
of the County in accordance with the terms and conditions of the Contra Costa County
Community Development Department Approved Permit for Subdivision 8456, Sandy
Cove Clause No. 53 on file in the Public Works Department.
11. Financial Impact:
None.
Ill. Reasons for Recommendations and Background:,
The Board approved Resolution 2004/4 on January 6, 2004 approving the conveyance of
interest in Real Property to the State of California and staff then sent the documents to the
State of California Department of Transportation for their acceptance and recordation. The
State did not accept the documents and returned them to the County for additional information
to be included in the documents.
The County acquired certain real property on September 24, 1900, Series No. 90-190678,
Book 16139 Page 862, in the Discovery Bay area, described in Exhibit "A" attached hereto, for
said project. State Route 4 widening at Bixler Road is completed and the property is now part
of the State of California Department of Transportation Highway System. Transferring title to
the State will relieve the County of any further responsibility for the property.
IV. Consequences of Negative Action:
The County will be responsible for the maintenance and care of the property.
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 26, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
RESOLUTION NO. 2004/
ABSTAIN: NONE (Gov. Code § 26526.5)
SUBJECT: ADOPT Resolution No. 2004/ 572 approving the Conveyance of County
interest in Real Property to the State of California in connection with the
widening of State Route 4 at Bixler Road for the development of Subdivision
8456. Portion of Assessor's Parcel No. 011-220-030 & 011-220-031.
Discovery Bay Area. District ill.
Project No. 0651-61-073E
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property on September 24, 1990, Series
No. 90-199678, Book 16139 Page 862, in the Discovery Bay area, described in Exhibit"A"
attached hereto, for said project.
This Board hereby APPROVES and AUTHORIZED the conveyance of County
interest to the State of California, pursuant to Government Code§25526.5 and the Chair of
the Board of Supervisors is hereby AUTHORIZED to execute the Grant Deed on behalf of
the County in accordance with the terms and conditions of the Contra Costa County
Community Development Department Approved Permit for Subdivision 8456, Sandy Cove
Clause No. 53 on file in the Public Works Department.
The Real Property Division is DIRECTED to cause said Grant Deed to be delivered
to the grantee for acceptance and recording.
Contra Costa County completed an Environmental Impact Report (EIR) for
Subdivision 8456 in 1992(SCH#90003015).This document covers the road improvements
and adequately addresses the conveyance of said property rights.
CP:eh
I hereby certify that this is a true and correct
CP:eht) taiRea#Prop12004 FllesiBOS&RESIBR.28 8ixler Road 10(172do4.doc copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Orig.Dept- Public Works(RIP) date shown.
Contact: C Peccianti(313-2222)
cc: Public Works Accounting ATTESTED:_ OCTOBER 26, 2004
Public Works Records JOHN SWEETEN,Clerk of the Board of
C.Lau,Engineering Services Supervisors and County Administrator
Grantee(via RIP)
Recorder(via RIP)
Community Development Dept. By "" Deputy
Board orders Clerk Specialist,Adm.
RESOLUTION NO. 2004/ 572
Number
53804
EXHIBIT A
Legal Description
All that real property situate in the unincorporated area of the County of Contra Costa, State of
California, described as follows:
All that real property as described in the GRANT DEED from BYRON SEVENTY-EIGHT to
CONTRA COSTA COUNTY, apolitical subdivision of the State of California, recorded
September 24, 1990, in Book. 16139 of Official Records, at Page 862, further described as
follows:
A portion of that parcel of land described in the deed to Byron-Seventy Eight recorded June 30,
1986 in Boob 12914 at page 288, Official Records of Contra Costa County, California, described
as follows:
Beginning at the southeasterly corner of said Byron Seventy-Eight parcel (12914 Q.R. 288),
thence from said point to beginning,along the southerly line of said parcel, said Line being the
northerly right of way line of State Highway 4, north 89'1622" west 772.4.7 feet; thence leaving
last said line, north 0°59'07" east 32.11 feet to the point of intersection with the westerly
prolongation of the southerly line of Parcel B as said Parcel B is shown on the map of
"Subdivision 6760 Discovery Bay"filed June 23, 1988 in book 323 of Maps at sage 9, Records
of said County; thence, along the said westerly prolongation of the southerly line of Parcel B
(323 M 9), south 89°40'53" east 772.44 feet to a point on the easterly line of said Byron. Seventy-
eight parcel (12914 O.R. 288), said point being the southwesterly corner of Parcel B (323 M 9);
thence along the said easterly line (12914 O.R. 288) south 0°56'27" west 28.63 feet to the Paint
of Beginning.
Containing an area of 0.539 acre of land, more or less.
Bearing used in the above description are based on the California Coordinate System Zone III
(CCS 27).
All distances shown are ground distance.
K:\PROJECTSL20001000261documantgIdeseription100026-HWY4-County Parcel to State(1613SOR862).wpd
Nuinber
59800
EXHIBIT A
Legal Description
All that real property situate in the unincorporated area of the County of Contra Costa, State of
California, described as follows:
All that real property as described in the GRANT DEED from BYRON SEVENTY-BIGHT to
CONTRA COSTA COUNTY, a political subdivision of the State of California, recorded
Septer ber 24, 1990, in Book 16139 of Official Records, at Page 862, further described as
follows:
A portion of that parcel of land described in the deed to Byron-Seventy Eight recorded June 30,
1986 in Book 12914 at page 288, Official Records of Contra Costa County, California, described
as follows:
Beginriing at the southeasterly corner of said Byron Seventy-sight parcel (12914 O.R. 288),
thence from said point to beginning, along the southerly line of said parcel, said Line being the
northerly right of way line of State Highway 4,north 89'16'22" west 772.47 feet; thence leaving
last said lime, north: 0°59'07" east 32.11 feet to the point of intersection with the westerly
prolongation of the southerly line of Parcel B as said Parcel B is shown on the map of
"Subdivision 6760 Discovery Bay"filed June 23, 1988 in book 323 of Maps at page 9, Records
of said County; thence, along the said westerly prolongation of the southerly line of Parcel B
(323 M 9), south 89°00'53" east 772.44 feet to a point on the easterly line of said Byron Seventy-
eight parcel (12914 O.R. 288), said point beim the southwesterly corner of Parcel B (323 M 9);
thence along the said easterly line (12914 O.R. 288) south 0°56'27" west 28.63 feet to the Point
of Beginning.
Containing an area of 0.539 acre of land, more or less.
Bearing used in the above description are based on the California Coordinate System Zone III
(CCS 27),
All distances shown are ground distance,
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Record Requested by:
State of California
When Recorded Return to:
State of California
Department of Transportation
Post Office Box 23440
Oakland,Ca 94623-0440
Attn: George Fernandez
Space a ove Tills line or Recor er's Use
District County Past Number
I
GRANT DEEDS cc 04 1 45.5 59800
Encroachment Permit#01 --2065
CONTRA COSTA COUNTY, a political subdivision of the State of California,
does hereby Grant to the STATE OF CALIFORNIA, all that real property in the
unincorporated area of the County of Contra Costa, State of California, described as
follows:
For Description SEE EXHIBIT A, attached hereto and made a part hereof.
CONTRA COSTA COUNTY
DATED: OCTOBER 26, 2004 BY� `" t
Chair, Board of Supervisors
? "`Number
5980
STATE OF CALIFORNIA
County of Contra Costa } SS
On OCTOBER 26, 2004 , before me, Emelda L. Sharp, Deputy Cleric
of the Board of Supervisors, Contra Costa County, personally appeared
MLRAL GLOVER
who is personally known to me(or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument and
acla-iowledged to nye that he/her/their executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instr t gent the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
By: Date: 0MBM-26, 2004
Dep ty Clerk
(CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 27281)
THIS IS TO CERTIFY,That the State of California, grantee herein, acting by and
through the Department of Transportation hereby accepts for public purposes the real
property, or interest therein, conveyed by the attached instrument and consents to the
recordation thereof:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
. 20
JEFF MORALES
DIRECTOR. OF TRANSPORTATION
By
R.A. MACPHERSON, Deputy District
Director Right of Way and Attorney in Fact
Member
59800
EXHIBIT A
Legal Description
All that real property situate in the unincorporated area of the County of Contra Costa, State of
California, described as follows:
All that real property as described in the CJ_4NT DEED from BYRON SEVENTY-EIGHT to
CONTRA COSTA COUNTY, a political subdivision of the Stag of Califbr~nia, recorded
September 24, 1990, in Book 16139 of Official Records, at Page 862, further described as
follows:
A poi tion of that parcel of land described in the deed to Byron-Seventy Eight recorded June 30,
1986 in Boob 12914 at page 288, Official Records of Contra Costa County, California, described
as follows:
Beginning at the southeasterly corner of said Byron Seventy-Eight parcel (12914 O.R. 288),
thence from said point to beginning, along the southerly line of said parcel, said bine being the
northerly right of way line of State Highway 4, north 89°1622" west 772.47 feet; thence leaving
last said line, north 0'59'07 east 32.11_feet to the point of intersection with the westerly
prolongation of the southerly line of Parcel B as said Parcel B is shown on the map of
"Subdivision 6760 Discovery Bay"filed June 23, 1988 in book 323 of Maps at page 9, Records
of said County; thence, along the said westerly prolongation of the southerly line of Parcel B
(323 M 9), south 89°00'53" east 772.44 feet to a point on the easterly line of said Byrom Seventy-
eight parcel (12914 O.R. 288), said point being the southwesterly comer of Parcel B (323 M 9);
thence along the said easterly line (12914 O.R. 288) south 0°5627" west 28.63 feet to the Point
of Beginning.
Containing an area of 0.539 acre of land, more or less.
Bearing used in the above description are based on the California Coordinate System Zone Ill
(CCS 27).
All distances shown are ground distance.
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THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 6, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIEit
NOES: NONE
ABSENT: NONE
RESOLUTION NO. 200414
ABSTAIN: NONE (Gov. Code § 25526.5)
SUBJECT: ADOPT Resolution No. 20041 4 approving the conveyance of County
interest in Real Property to the State of California in connection with the
widening of State Route 4 at Bixler Road,for the development of Subdivision
8455. Portion of Assessor's Parcel No. 011-220-030 & 011-2203-031.
Discovery Bay Area
Project No. 0651-6LO73E
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property on September 24, 1000, Series
`--No. 00-199678, Book 16139 Page 862, in the Discovery Bay area, described in Exhibit"A"
attached hereto, for said project.
This Board hereby APPROVES and AUTHORIZES the conveyance of said interest
to the State of California, pursuant to Government Code Section 25526.5 and the Chair of
the Board of Supervisors is hereby AUTHORIZED to execute the Grant Deed on behalf of
the County in accordance with the terms and conditions of the Contra Costa County
Community Development Department Approved Permit for Subdivision 8456, Sandy Cove
Clause No. 53 on file in the Public Works Department.
The Real Property Division is DIRECTED to cause said Grant Deed to be delivered
to the grantee for acceptance and recording.
Contra Costa County completed an Environmental Impact Report .(EIR) for
Subdivision 8455 in 1992(SCH#90003015).This document covers the road improvements
and adequately addresses the conveyance of said property rights.
CP:eh I hereby certify that this is a tree and correct
G:tGrpData\RealProp120704-Files\BOS&RESIBR.26 BlAer Road.doc copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Orig.Dept.: Public Works(RIP) date shown.
contact: C Peccianti(313-2222) JANUARY 2004
cc: Pubic Works Accounting ATTESTED: >
Public Works Records JOHN SWEETEN,Clerk of the Board of
C.Lau,Engineering Services Supervisors and unty Administrator
Grantee(via RJP)
Recorder(via RIP)
Community Development Dept. By Deputy
Board Orders clerk Specialist:Adm.
RESOLUTION NO. 20041 4
f'
Number
50473-1
EXHIBIT A
Legal Description
All that real property situate in the unincorporated area of the County of Contra Costa, State of
California, described as follows:
All that real property as described in the GRANT DEED from BYRON SEVENTY-EIGHT to
CONTRA COSTA COUNTY, apolitical subdivision of the State of California, recorded
September 24, 1990,in Book 16139 of Official Records, at Page 862, further described as
follows:
A portion of that parcel of land described in the deed to Eynon-Seventy Eight recorded June 30,
1986 in Book 12914 at page 288, Official Records of Contra Costa County, California,described
as follows:
Beginning at the southeasterly corner of said Byron Seventy-Eight parcel (12914 O.R. 288),
thence from said point to beginning, along the southerly line of said parcel, said Line being the
northerly right of way line of State Highway 4,north 89'16'22" west 772.47 feet; thence leaving
last said line, north 0°59'07" east 32.11 feet to the point of intersection with the westerly
prolongation of the southerly line of Parcel B as said Parcel B is shown on the map of
"Subdivision 6760 Discovery Bay" filed June 23, 1988 in book 323 of Maps at page 9, Records
of said County; thence, along the said westerly prolongation of the southerly line of Parcel B
(323 M 9), south 89'00'53" east 772.44 feet to a point on the easterly line of said Byron Seventy-
eight parcel (12914 O.R. 288), said point being the southwesterly corner of Parcel B (323 M 9);
thence along the said easterly line(12914 O.R. 288)south 056'27" west 28.63 feet to the Point
of Beginning.
Containing an area of 0.539 acre of land, more or less.
Bearing used in the above description are based on the California Coordinate System zone III
(CCS 27).
All distances shown are ground distance. C3 No
ova.sao-LL 9
K:%PROJECTS'2000t00026\documentsWescription\00026-NWY4Coimfy Fsecol to State(161340R8$).wptl ` �'
Recording Requested By:
When Recorded Return to:
State of California
Department of`transportation
P. C. Box 23440
Oakland, CA 94623-0440
Attn: Vernia Smith
SPAC9 ABOVE THIS UNE FOR RECOR15EFM USE
District County Route Post Mile Number
04 CC 04 45.5 50473-1
Encroachment Permit#01-2065
GRANT DEED
Contra Costa County, a political subdivision of the State of California,
GRANTS to the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION,all that real property
in the unincorporated area of the County of Contra Costa, State of California, described as follows:
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF,
CONTRA COSTA COUNTY
Dated JMUAR.Y 06, 2004 gy
Chair, Board of Supervisors
G:iGrpData\ReaiProp12003-Files\03-12\DE2 State of Califomia.doc
12123/03
Number
50473 - 1
STATE OF CALIFORNIA }
COUNTY OF CONTRA COSTA }
On JANUARY '06, 2004 before me Emelda L. Sharp, Deputy Clerk of the Board of Supervisors, Contra
Costa County, personally appeared §ffii ISOR MARK I)eSAU ER. , who is personally known to
me (or proved to me 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 persons),or
the entity upon behalf of which the person(s)acted, executed the instrument.
By:
Z�
Date. JANUARY 06, 2004
puty tlerk
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation
(pursuant to Government Code Section 27281), hereby accepts for public purposes the real property
described in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this day of S 2001.
By
Director of Transportation Attorney in Fact
G:1GrpOata\RealProp12403-riles\03-12\DE2 State of Cahfomla.doc
12/29/03
2
Number
50473-t
EXHIBIT A
Leel Description
All that real property situate in the unincorporated area of the County of Contra Costa, State of
California, describer) as follows:
All that real property as described in the GRANT DEED from BYRON SEVENTY-EIGHT to
CONTRA COSTA COUNTY; a political subdivision a,f'th€State of Cali,for-nia, recorded
September 24, 1990,in Book 16139 of Official Records, at Page 862, finther described as
follows:
A portion of that parcel of land described in the deed to Byron-Seventy Eight recorded June 30,
1986 in Bonk 12914 at page 288, Official Records of Contra Costa County, California, described
as follows:
Beginning at the southeasterly corner of said Byron Seventy-Eight parcel (12914 Q.R. 288),
thence from said point to beginning, along the southerly line of said parcel, said Line being the
northerly right of way line of State Highway 4, north 89'1622" west 772.47 feet; thence leaving
last said line,north 0°59'07" east 32.11 feet to the point of intersection with the westerly
prolongation of the southerly line of Parcel B as said Parcel B is shown on the map of
"Subdivision. 6760 Discovery Bay" filed June 23, 1988 in book 323 of Maps at page 9, Records
of said County; thence, along the said westerly prolongation of the southerly line of Marcel B
(323 M 9), south 89'00'53" east 772.44 feet to a point on the easterly line of said Byron Seventy-
eight parcel (12914 O.R. 288), said paint being the southwesterly corner of Parcel B (323 M 9);
thence along the said easterly line(12914 Q.R. 288) south 0°56'27" west 28.63 feet to the Point
of Beginning.
Containing an area of 0.539 acre of land,more or less.
Bearing used in the above description are based on the California Coordinate System Zone III
(CCS 27).
All distances shown are ground distance. N.
j
K.\PRLJECYSt2000t00028k7ccuments�oescM;>tion100026-HWM'4.County Parcel to State(16139OR892).wpd