HomeMy WebLinkAboutMINUTES - 01172006 - C.8 TO: BOARD OF SUPERVISORS, as the Governing Body of C o n t raC.- p
Contra Costa County Flood Control and Water -=
Conservation Districtcosta
FROM: MAURICE M. SHIU, CHIEF ENGINEER County
DATE:
County
rA
DATE: January 17, 2006
SUBJECT: ADOPT Resolution approving the sale of Contra Costa County Flood Control&Water Conservation
District's(District)surplus property,identified as portion ofAPN 033-240-013, located in the City of
Oakley,to Surjeet and Sarbjit Boparai, Oakley area. District V.
Project No. WL83PV-FSO400017
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
1. ADOPT Resolution approving the sale of District's surplus property to Surjeet and Sarbjit Boparai.
2. DETERMINE the sale of the property is exempt from the requirements of the CEQA Guidelines.
3. APPROVE and AUTHORIZE the sale of said property to Surjeet and Sarbjit Boparai,pursuant to Government
Code § 25526.5.
4. AUTHORIZE the Chair, Board of Supervisors, to execute the Quitclaim Deed and the Real Property Sales
Agreement on behalf of the District.
Fiscal Impact:
$1,000 revenue to the Flood Control District Fund.
Continued on Attachment: ® S I G N A T UY&I"
[RECOMMENDATION OF COUNTY ADMINISTRAT R ❑ RECOMMENDATION OF BOARD COMMITTEE
[APPROVE ❑ OTHER
r'
SIGNATURE(S):
ACTION OF BO ON �Q. r7ta.¢�yy I},o?iIR4916
APPROVED AS R OMMENDED THE ❑
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
VOT SUPERVISORS the date shown.
UNANIMOUS(ABSENT 07.1) ev )
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: AV7 ot.���Y z �b
JOHN SWE ,Clerk of the Board of
CS:eh Supervisors and County Administrator
0:\GrpData\RealProp\2005-Files\BOs&Reso\BO Boparai.doc
Orig.Div:Public Works(Real Property Division)
Contact: C.Sousa(3-2252) By , Deputy
cc: Pubic Works Accounting
Public Works Records
Grantee(via R/P
Recorder(via RIP)
Community Development—Current Planning
T.Torres,Environmental
SUBJECT: ADOPT Resolution approving the sale of property to Soeet and Sarbjit Boparai, Oakley area.
DATE: January 17, 2006
PAGE: 2 of 2
Reasons for Recommendations and Background:
The subject area consists of approximately 90 square feet of District's surplus property on a portion of APN 033-240-
013. The property is located on the east side of Highway 4 and south of Cypress Road adjacent to Marsh Creek Road
in the City of Oakley. The District no longer needs this property and wishes to sell it as surplus to the property owner
of Parcel 033-240-013.
Consequences of Negative Action:
The District would own the property and be liable for its maintenance.
THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA
Adopted this Resolution on January 17, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006 /ff
Deerings Water code, Uncodified Acts
Act 1656 § 32
West's Water Code, Appendix 64-31
Government Code § 25526.5)
SUBJECT: ADOPT Resolution No. 2006/ approving the sale of Contra Costa County Flood Control
and Water Conservation District's(District)surplus property,identified as portion of APN 033-
240-013, located in the City of Oakley, to Surjeet and Sarbjit Boparai.
Oakley Area. District V
Project No. WL83PV-FSO400017
The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County
Flood Control and Water Conservation District, RESOLVES THAT:
The Board hereby FINDS that the activity will not have a significant effect on the environment, and
DETERMINES that the sale is exempt from the requirements of the California Environmental Quality Act as a
Class 12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines,
and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk
and DIRECTS the Public Works Director to arrange for payment of a$25.00 handling fee to the County Clerk
for filing and a $25.00 fee to Community Development for processing of the Notice of Exemption.
The District acquired certain real property on May 17, 1964 in the Oakley area,described in Exhibit"A"
and `B" attached hereto, for flood control purposes. Said property is DETERMINED to be surplus and no
longer necessary for District or other Ipublic purposes and its estimated value does not exceed $25,000.00.
This Board hereby APPROVES and AUTHORIZES the sale of said property to Surjeet and Sarbjit
Boparai, pursuant to Government Code Section 25526.5, and the Chair, Board of Supervisors, is hereby
AUTHORIZED to execute the Quitclaim Deed and the Real Property Sales Agreement on behalf of the District,
in consideration for the payment received in full in the amount of$1,000.00,the estimated fair market value of
the property.
The Real Property Division is DIRECTED to cause said Quitclaim Deed to be delivered to the grantee.
CS:eh I I hereby certify that this is a true and correct
G:\GrpData\RealProp\2005-files\BOs&Reso\BR.2GABoparai Conveyance.doc copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
Orig.Dept.: Public Works(R/P)
Contact: S. Sousa(313-2252) ATTESTED:✓a'V?� alt uZa v40
cc: Public Works Accounting JOHN SWEETEN, Clerk the Board of
Public Works Records Supervisors and County Administrator
Grantee(via R/P)
Recorder(via R/P) By Deputy
Community Development Dept.—Current Planning
T.Torres—PW Environmental
RESOLUTION NO. 2006/ /8
Marsh Creek Quitclaim
C.C.C.F.C. & W.C.D.
Parcel E7A
EXHIBIT "A"
Real property situated in the City of Oakley, County of Contra Costa, State of
California, more particularly described as follows:
Parcel E7A
Commencing at the most northerly corner of the parcel of land delineated upon that
Record of Survey filed September 3, 1992 in Book 101 of Licensed Surveyors' Maps
(LSM) at page 14, Contra Costa County Records; thence from said point of
commencement along the northeasterly line of said parcel south 311,05'47" east (the
bearing of south 311105'47" east taken for purposes of this description, as shown on
said map (101 LSM 14)), a distance of 13.24 feet to the actual Point of Beginning for
the herein described parcel of land; thence from said Point of Beginning, south
1039'00" west, 15.12 feet;l thence south 70047'00" east, 12.52 feet; thence north
30037'57" west, 22.35 feet to the Point of Beginning.
Containing an area of.90 square feet of land, more or less.
Exhibit "B" attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction, in
conformance with t sional Land Surveyors Act.
NDS
Signature: TWE 9�
Licensed Lari Surveyor
Contra Costa County Public Works Department = 9
Up.12-31-06 �
Date: // / 7104 � No.5999
G:\GrpData\Design\SURVEYS\Legals\Exhibits2004\Marsh Creek Triangle.doc OF CA
November 04,2004
EXHIBIT "B "
CYPRESS RD.
LOT 22
BOPARI 439 M 10
97-170515
POC _.
POB LOT 21
SEE DETAIL
- - - _
CPo�Z-COO ti
POC
S310 05'47"E
13.24 \ O;r)
yX // aPOB
! S1 39,0011W 5300 37'57"E
15.12' f 22.35'
PARCEL
\ S70°47'00"E
� 12 X52' /
DETAIL
SCALE V-20'
CHAVOYA
101 LSM 14 4LMOND 04-256308
SCALE 1"=50' f
ConEra CosEa CounEy Flood ConErol & W&6er Conservation Dis&ic6
Instrument: QUITCLAIM DEED Scale: 1"-50' Date: NOVEMBER 04
Drawn By: AR File No.; EB-338
Series No. Recorded: Checked By: RZ Cad File:RWFSO400017.dgn
K;\surveys\Right of Way\B Drawings\WL83PV\RWFS0400017.dgn
Recorded at the request of:
Contra Costa Flood Control District
Return to:
Surjeet & Sarbjit Boparai
4824 Cache Peak Drive
Antioch, CA 94531
Assessor's Parcel No. 033-240-013 (portion)
QUITCLAIM DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
a political subdivision of the State of California,
Does hereby remise, release and forever quitclaim to Surjeet and Sarbjit Boparai, the
following described real property in the City of Oakley, County of Contra Costa, State of
California.
FOR DESCRIPTION SEE EXHIBIT "A" AND "B" ATTACHED HERETO AND MADE A
PART HEREOF.
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Dated �ez•r7ctAzrt '
By
C Ir, oard of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA ) .CG
On- �••h•/`4oV0efore me, Ej.»�, 46L `• •d�y/p
Deputy Clerk of the Board of Supervis r , Contra Costa
County, personally appeared k ., � �
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 person(s), or
the entity upon behalf of which the person(s) acted
executed the instrument.
By:
Deputy Clerk
G\GrpData\RealProp12005-Files\05-12\Boparai Quitclaim Deed.doc
Marsh Creek Quitclaim
C.C.C.F.C. & W.C.D.
Parcel E7A
EXHIBIT "A"
Real property situated in the City of Oakley, County of Contra Costa, State of
California, more particularly described as follows:
Parcel E7A
Commencing at the most northerly corner of the parcel of land delineated upon that
Record of Survey filed September 3, 1992 in Book 101 of Licensed Surveyors' Maps
(LSM) at page 14, Contra Costa County Records; thence from said point of
commencement along the northeasterly line of said parcel south 31005'47" east (the
bearing of south 31°05'47" least taken for purposes of this description, as shown on
said map (101 LSM 14)), a distance of 13.24 feet to the actual Point of Beginning for
the herein described parcel of land; thence from said Point of Beginning, south
1139'00" west, 15.12 feet, Ithence south 70147'00" east, 12.52 feet; thence north
30037'57"west, 22.35 feet to the Point of Beginning.
Containing an area of 90 square feet of land, more or less.
Exhibit "B" attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction, in
conformance with t sional Land Surveyors Act.
Signature: 77% S 9L
Licensed Lan Surveyor
Contra Costa County Public Works Department 9
Exp.12-31-06
Date: /j�/ '7 �1/1D l-f' � No.5999 Q2
G:\GrpData\Design\SURVEYS\Legals\Exhibits2004\Marsh Creek Triangle.doc
November 04,2004
L
EXHIBIT "B "
CYPRESS RD.
LOT 22
BOPARI 439 M 10
97-170515
POC
POB LOT 21
SEE DETAIL
Cpo�ao p ti
POO
�� /// 5547 E
3.24' ��\ o�;r C)
9F 0
I 15. POB
39'00"W S300 37'57"E
15.12' 22.35'
i' PARCEL
\ E7AI /
\ S700 47'00"E
12152' /
DETAIL i
SCALE V-20'
CHAVOYA
AL M
101 LSM 14 AVEOND 04-256308
SCALE 1"=50' 1
Contra Costa County Flood Control & Water Conservation District
Instrument: QUITCLAIM DEED Scale: 1"=50' Date: NOVEMBER 04
Drawn By: AR File No.: EB-338
Series No. Recorded Checked By: RZ Cod File:RWFSO400017.dgn
K:\surveys\Right of Way\8 Drawings\WL83PV\RWFSO400017.dgn
tk77k t((t
Parcel Number: 033-240-013 E7A Date: December 1, 2005
Project Name: Marsh Creek Quit Claim
Project Number WL83PV-FSO400017I
REAL PROPERTY SALES AGREEMENT
THIS AGREEMENT is made and entered into this 1 st day of December, by and between Contra Costa
County Flood Control and Water Conservation District, a political subdivision of the State of California,
hereinafter called "Grantor" and Surjeet and Sarbjit Boparai , hereinafter called "Grantee."
In consideration of the covenants and conditions hereinafter contained, it is mutually agreed as follows:
1. Grantor hereby agrees to sell and convey that certain real property described in Exhibit
"A", attached hereto and made a part hereof, to the Grantee for the sum of ONE
THOUSAND DOLLARS.
2. The right, title and interest in the property to be sold shall not exceed that vested in the
Grantor, and said property is sold subject to all existing easements, covenants,
conditions, restrictions,(reservations, and all other encumbrances,whether the same be
recorded or unrecorded.
3. Grantee shall pay all costs
sts of escrow, title insurance, and recording fees, if applicable.
4. Grantor shall retain possession of the property up to the date of recording the deed.
5. Grantee shall deposit with the Grantor the full purchase price by prior to the
approval of this transaction by the Board of Supervisors. The Grantee understands that
this sale is subject to approval by the County Board of Supervisors, and the Grantor
reserves the right to cancel the sale at anytime prior to the recording of the deed. In the
event of cancellation of sale, all monies deposited shall be refunded.without payment of
interest.
6. Upon approval of the sate by the County Board of Supervisors and upon receipt of
payment in full for the property being sold, Grantor will cause to be delivered to Grantee
a quitclaim deed to th I property properly executed by the Grantor.
7. The property described herein is being sold and conveyed on an "as is" basis and
Grantor makes no wa riranty, claim or guaranty, or any kind, as to the condition and/or
possible uses of the land or any improvements thereon. Grantee understands that the
property is not capable of independent use and agrees and approves of the combining of
this property with her adjacent property to create one parcel.
The parties herein have set forth the whole of their agreement and the performance of this agreement
shall relieve the grantor of all further obligations or claims on this account.
GRANTOR GRANTEE .
CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER
CONSERVATION DISTRICT
RECOMMENDED TO THE BOARD OF
SUPERVISORS FOR APPROVAL
By �2 ` Real Property
Agent Sudeet Boparai
By By c� i�r _ Principal Real
Property Agent Sarbjit Boparai
APPROVED
B . 2
Mao . Shiu
Chief Engineer
Date: ! - % 7 2,6 6,
(Date of Board Approval)
G:1GrpDatatReatPropVO05-fi1es105-12AG.06 Real Prop Sales AgrBoparai.doc