HomeMy WebLinkAboutMINUTES - 10162007 - C.18 TO: BOARD OF SUPERVISORS, AS GOVERNING = , `ter_.. Contra
BOARD OF THE FLOOD CONTROL & WATER •,:Lf _ _
CONSERVATION DISTRICT °- costao,
k0
FROM: MAURICE M. SHIU, CHIEF ENGINEER °o •_ = "c County
rrA-c---
DATE: October 16, 2007
SUBJECT: APPROVE and AUTHORIZE the exchange of real property between Contra Costa County Flood Control
and Water Conservation District and Ronald E. Nunn, Antioch area. (District V)
Project No. 7566-6D8126 Govermnent Codes 525365
SPECIFIC REQUI.:ST(S)OR RECOMMENDATION(S)R BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
The Board of Supervisors,as the Governing Board for Contra Costa Flood Control and Water Conservation District on
October 2,2007,approved the Notice of Intention to Exchange Real Property between Contra Costa Flood Control and
Water Conservation District(District)and Ronald E.Nunn(Nunn)and fixing Tuesday,October 16,2007 at 9:00 a.m.,
in the Board's Chambers,County Administration Building,651 Pine Street,Martinez,California as the time and place
It would meet to consummate the exchange of real property described therein between the District and Nunn. Said
Notice was duly published in the Contra Costa Times.
The Board found that the District's property is no longer required for present or future District use.
APPROVE the exchange of real property between the District and Nunn and the conveyance of the District's property
located in the Antioch area to Nunn upon the conveyance of Nunn's property located in the Antioch area to the District.
The property being exchanged between the District and Nunn is of equal value.
CONTINUED ON ATTACHMENT: ❑x SIGNATURE: lhdzez�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMi � :`bAT16N 6F BOARD COMMITTEE
APPROVE OTHER '11
SICNATURF..(S):
ACTION OF BOA D N V il04 ey 14, 14-A07 APPROVED AS RECOMMENDED OTHER
VOTE 01-SUPERVISORS: 1 HEREBY CERTIFY TI IAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Ori-.Div. Public Works(R/P.)
Contact: Carla Pcccianti(313-2222)
CP:d"sr
G:\Rea1Prop\Board Ordcrs\2007\10-i 6-07 BO-Nunn.doc ATI'ESTED CerS6--v
JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS
cc: R Faraone,Flood Control
1.Bergeron,Computer Services
Public Works Records
Grantee(via WP) BY: DEPUTY
Recorder(via R/13) TT
SUBJECT: APPROVE and AUTHORIZE the exchange of real property between Contra Costa County Flood
Control and Water Conservation District and Ronald E.Nunn,Antioch area. (District V)Project No.
7566-6138126
DATE: October 16, 2007
PAGE: 2 of 2
RECOMMENDED ACTION: (cont'd.)
AUTHORIZE the Chief Engineer, or his designee, to execute said Right of Way Contract.
ACCEPT the Grant Deed dated September 7, 2007 from Nunn conveying the property to the District.
AUTHORIZE the Chair, of the Board of Supervisors, to execute the Grant Deed from the District conveying the
District's property to Nunn according to the terms of the right of way contract.
DIRECT the Real Property Division to have the Grant Deed from Nunn delivered to Placer Title Company, 1981 North
Broadway, Suite 100, Walnut Creek, CA 94596, Escrow No. 615-9784 for recording in the Office of the County
Recorder and deliver to Nunn the Grant Deed from the District for recording.
FISCAL. IMPACT:
There is no impact to the County General Fund. No monies are being exchanged between the parties
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
On August 29,2005,the Board of Supervisors, as Governing Board for the Contra Costa County Flood Control and
Water Conservation District, adopted the Environmental Impact Report for Future Urban Area 2, certified by the
City of Antioch on December 13, 1995. The Findings and the adoption of the EIR covered all real property
transactions associated with the relocation of DA56 Line Z and the completion of the Lindsey Detention Basin.
The District originally acquired property from Nunn in April 1990,for DA56 Line Z Channel. This alignment crossed
through the Nunn property bifurcating it into two smaller parcels.
The construction of State Route 4 Bypass(SR4BP)allowed the District to reconfigure Lindsey Basin and realign DA56
Line Z Channel so it would no longer separate Nunn's property. For the District to be able to relocate DA 56 Line Z
Channel, it requires the acquisition of additional real property from Nunn. DA56 Line Z Channel was moved to the
new property under a Right of Entry. Now,the property acquired from Nunn in 1990 is surplus to the District's needs.
Rather than exchange money between the District and Nunn,both parties prefer to exchange property rights without
monetary consideration.
CONSEQUENCES OF NEGATIVE ACTION:
The District will not have the property rights necessary for the relocation of DA56 Line Z Channel and will have to
purchase the property.
10/02/2007 15:06 9256346040 PAGE 02/06
Recorded at the request of:
Contra Costa County
Flood Control A Water
Conservation District
Return to:
Contra Costa County
Public Works Dapartment
Real Property Division
256 Glacier Drive
Martinez,CA 94553
Attn:Carte Peccianti
Assessors Paroel No. Portion of 053-072-021
Placer TRIe Co. Escrow No. 615-9784
GRANT DEED
For Value Recehred, receJpt of which Is hereby admowledged RONALD E, NUNN,a married
man as his sale and separate property
GRANTS to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a body corporate and politic adsting under the law of the State of California,
The Following described real property in the City of Antioch, County of Contra Costa,State
of Califomia,
FOR DESCRIPTION SEE EXMBIT�A"ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR
�.
Date By
Monad E. Ndnn
ATTACH APPROPRIATE ACKNOWLEDGMENTS
Z1GrpDatam9salPmp\rarkOzqw4ftn\DoodoDE.01 h Num A.2s-o7 remrdw else
16/02/2007 15:06 9256346040 PAGE 03/06
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Lea J �f) II
On 1 yt? Dae.oy,L1
DOW I Neem Pe,Kv5qFhuDirj
personalty appeared��n/U rf 4D ��c1JJJ
a a loran sr
Npersonally known to ma
J(or proved to me on the basis of satisfactory evidence)
to be the pomon(9)whose names)Ware subscribed to the
wlthin instrument and acknowledged to me that
hefshe/they executed the same In him/her/their authortzea
capactty(ies), and that by his/her/their signature(s) on the
�r• � instrument the person(s), or the entity upon behall of
which the person(s)acted, executed the instrument
WITNESS my hand and official seed.
nee.Mn.ry ewr noow Signature
nerure rx�7 vara
OPTIONAL
Though OW lnhbrrnadM7 bwow Is nor ropulroV by low.It may prow vsluabfa to potsms rlaYM.9 e»She ahILMsnr
and could prownr fraudulanr mmmmi and P"Fiadvmm of this form to anoll>Qr dowmew..
Desortption of Attached Document
Tito or Type of Document Coir .rJ D���7
Document Date. Number of Pages: _ I
Signer(s)Other Than Named Above: /a)
Capaclty(ies)Clalmod by Signer(a)
Signers Name; fi onj.4 p E . h1O JIJ11U Signees Name:
(Wlndividual :j Individual
r1 Corporate Officer—Tlt6(s)- iJCorporate Ofriicer—Trde(s):
rl Partner—O Urnfted ❑General M Partner—❑Limited ❑General
D Attorney in Fact O Attorney In Fact
U Trustee G Trusteeee
Top of thumb here Top 01 BArno herr
J Guardian or Corwvrvator L7 Guardian or Conservator
❑ Other: 1`1 Other:
Signer Is Representing;_ Signer Is Representing:
Q zx�rleeonr Nomy ereaanen•ADxr On Sono Ar..P.O.cow v,�op•Ch.W.,X5 a o»Isa•ee-� ium na 5997_rapeR;Wr.e.e i7l 1-@_=7l.6e21
PAGE 04/06
Parcel 5020
Dmwing No. FA20012
Exhibit"A"
Land Description Of a Parcel of land situate in the East half Of Section 34, Township 2 Nord;
Range 2 East,Mount Diablo Ban and Meridian, City Of Antioch,County of Contra Cos*State
of California: said panel being a portion of that ceftin parcel of land described in a Grant Deed
to Ronald E. Nuon, recorded June 2, 1990 as document number 90-1 12836
in the Official Records cf said Contra Costa County:same said parcel also being a Portion of that
certain parcel of land described as Parcel 4 in a deed to Ronald E. 74mm, recorded June 30,
1992 it Book 10834,at page 480 in the Official Records of said Contra Costa County;same said
parcel being more pudaAarly described ws follows:
PARCEL 5020(Fee Titly)t
Commencing at the souchwest comer of said Nunn parcel;thence leaving said southwest comer
and along the south line of said Num P&MI,South 89120*2911 FAA,a distance of 649.34 feet to a
point on the easterly right-of-way line of the State Route 4 Bypass, said point being the True
Point of Beenning hervot said point also being the bq6miug of a non-tovent curve to the let
from which point the center bears South 65*44'1 r'West, 3123.03 feet;thence leaviAg the south
line of said Num petrel and along said easterly right-of-way line for the following t�vo (2)
courses: (1)northwesterly along the arc of said curve to the left having a radius of 3123.03 feet,
through a central angle of 4*29'3r, an am distance of 244.03 feet and (2) North 2703211911
West, a distance of 198.79 feet to a common comer between said Nunn parcel and dw certain
parcel of land conveyed to the Contra Costa County Flood Control and Water Conservation
District, as desen-bed in a Grant Deed recorded Jamutry 5, 1993 in Book 19179. at page 299,
Official Reoords of said county;thence 310,39 said common line,
North 599015611 EaS4 a distance of 197-92 feet: thence leaving said common line and crossing
through said Num parcel for the following fm(4)courses: (1)South 14*01'04"East,a distance
of 127.37 feet, (2) South 35"27"39"East, a distance of 102.24 feel, (3) South 31*14'51"East a
distance of 81.96 feet, (4). South 28016'27"East, 251.63 feet to the south line of said Nurm
10/02/2007 15:06 9256346040 PAGE
parcel 5024
Dra-Mng No.FA20012
parcel; thence along *e south line of said Nunn parcel, North 89°20'29" West, a distance of
221.10 feet to the True Point of Begi1111iR9.
Containing 2.12 acres,more or less.
Bearings used in the above description are based on the California Coordinate System of 1983,
Zone 3. Distances ruse:m ground, multiply distances shown by 0.99993642 to Obtain grid level
distances.
This description has been prepared at Mark Thomas do Cmnp ny, Inc., by me, or wader my
dircotion,in omfoxr move with the Prof s ional Land Surveyor's Act,
s
on Eip.12."47 Date
Prof nel Land Surveyor ears W4M
California No.4998 OF COX*a .
--..........
10102/2097 15:06 9256346040 PAGE 06/06
C=- FLOOD COI Mot a mY Of ANnOCH
WATIK CDMMVATKW DISTRICT E Vi SEC 346 T.2 N, R 2 E,
Im Olt 2" MDH IIti
No
o �
X59, a f •o. 491
S
-AOF L
a A��
'a4 ., RONALD C NUNN
DOC NQ Wit OR 480
A 90.11536
Y-
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F- ROOD COFAROL
Ct 1ANNa
6 SZM 4 ft a
RONALD E NUNN 5TA7E ROLM 4
VOC NO.10834 OR 490 WPASS
90+112AD6
•off •Q,
S89'20'2C-"E 648,3A'
N89.20'29"vW 221.10'
POC Sr a� 7P06
POC = POINT OF COMMENCEMENT
TPOB Pp TRUE POINT OF BEGINNING 0 fie 100 200 BOB
(R) m RADIAL BEARING Rd .
SCAU
BEARINGS USED ARE BASED ON THE CAUFORNW
COORDINATE $MEW OF 1983, ZONE 3. DISTANCES
ARE IN GROUND, MULTIPLY DISTANCES SHOWN BY
0.99993642 TO OBTAIN GRID DISTANCES.
Mak CONTRA COSTA COUNTY FLOOD CONTROL
Thomas dt AND WATER CONSERVATION DISTRICT In Contra Costo
Company,
Inc. DRAWING NO. FA20012 County, COi forma
Stele 1 - 100 EmBIT A-J
Duke .Drown UBGy 29nv2P007 Plot to Accomppny Legal pes�oription 8/29/2007
crecr,W ar AMkf APN 053-072-021
Y�91-9BCaC�CpDL'.Dro�ng�pintc ter equ1a1W6.-VC - w...., - Chcrnel 00, 7-31-07-e.g ve9eto07 4.4343 PM PDT
Recorded at the request of:
Contra Costa County
Flood Control & Water
Conservation District
Return to: Sanford M. Skaggs,
Bingham McCutchen LLP
P.O. Box V
1333 N California Blvd
Walnut Creek, CA 94596
DA 56 Line Z being a Portion of Parcel 1563 as described in the Final Order of Condemnation recorded April
11, 1990 in Book 15781 Official Records at Page 966, Contra Costa County
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic
existing under the laws of the State of California,
GRANT(S) to RONALD E. NUNN, A married man as his sole and separate property, the
following described real property in the City of Antioch, County of Contra Costa, State of
California,
FOR DESCRIPTION SEE EXHIBIT "B" ATT ED HERETO AND MADE A PARY•;•:•: :•:;•;�:•:•
HER F.
TOR
Date: OCTOBER 16, 2007 B • • '
Ch r, pervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
OOCTOBER lbdfore007 EMY L. SHARP
Deputy Clerk of the Board of Supervisors, Contra Costa
County,personally appeared SUP ERVIS OR MARY , PI EPHO
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.
WITNESS my hand and official seal.
Bv:
D PUTY
Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 grant deed to Nunn 8-28-07.doc
DA-56 Line "Z"
Portion of Parcel 1563
Grant Deed from CCCFC&WCD to Nunn
Drawing Number FA 20,002
EXHIBIT "B"
Real property in the City of Antioch, County of Contra Costa, State of California,
being a portion of the southeast quarter of Section 34, Township 2 North, Range
2 East, Mount Diablo Meridian, and being a portion of Parcel 1563 as described
in the `.Final Judgment of Condemnation --- Action in Eminent Domain to the
Contra Costa County Flood Control- and Water Conservation District
(CCCFC&WCD) recorded April 11, 1990 in Book 15781 of Official Records at
page 966, Contra Costa County, California, described as follows:
Parcel 5002
Beginning at the southeast corner of said Parcel 1563 (15781 O.R. 966) as
shown on drawing number ED-10172 on file in the Contra Costa County Public
Works Department Records section; thence westerly along the southerly line of
said Parcel 1563, north 89°12'18" west, 74.76 feet to the southwest corner of
said Parcel 1563, being a point on a non tangent curve concave to the west, a
radial from said point bears south 82032'09" west; .thence northwesterly along
said curve and the westerly line of said Parcel 1563, having a radius of 4025.96
feet, through a central angle of 10°28'39", an arc length of 736.21 feet to a point
on the southerly line of the parcel of land as described in the deed to
CCCFC&WCD, recorded January 5, 1993 in Book 18179 of Official Records at
page 299; thence along said southerly line, north 59011'14" east, 72.80 feet to a
point on the easterly line of said Parcel 1563,also being a point on a non tangent
curve concave to the west, a radial from said point bears south 71049'54" west;
thence southeasterly along said curve and easterly line of said Parcel 1563,
having a radius of 4096.96 feet, through a central angle of 0°00'28", an arc length
of 0.56 feet to a point on the northerly line of said Parcel 1563; thence easterly
along said line north 71050'22" east, 3.00 feet to a point on a tangent curve,
concave to the west, a radial from said point bears south 71050'22" west; thence
southeasterly along said curve and easterly line of said Parcel 1563, having a
radius of 4099.96 feet, through a central angle of 10050'47", an arc length of
776.14 feet to the point of beginning.
Containing an area of 55,999 square feet of land, more or less.
Exhibit "B-1" (Drawing Number FA 20,002) attached and by this reference
made a part hereof.
1
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
SignatureN s
Licensed Land Surveyor v rte`
* Exp.9/30/07
Date: fro L.S.6571
P
�F CAS-SFO
G:\Design\SURVEYS\Legals\Exh ibits2007\DA56LineZNunnOuitclaim.doc
KT:js August 2,2007
2
EXHIBIT ' ' B - 1 ' '
PLAT TO ACCOMPANY EXHIBIT "B"
J
94 -029515
C.C.Co.
18179 O.R. 299 Detail N.T.S.
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C.C.C.F.C.&W.C.D. LOUA
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72.80 —
N59° 11'14"E ��, / See
Detail
0 v, o
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U` a
L=0.56
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C N710 50'22"E(R)
10834 O.R. 480 oo
Nunn -)oLO� o Nunn
U, o M Lo 10834 O.R. 480
n �
M C`� 6'
FCPID 5,002
•Q Area-55,999 sq. ft.
J J
1 1„=150'
_ 74.76
N890 12'18"W
Ln
552 3
-o P.O.B.
C� 0on
or Jacuzzi, et. al.
Jacuzzi, et. al. '� �0 2005-411579
2003-02880 O C-0 -P.
• Ln
c° See ED-10172 & ED-10183.1
DA-56 Line"Z" C.C.C.F .C.&W.C.D. to Nunn
Instrument Scole V-150' Dote August 2007
Drown By KT Dwg. No. FA 20,002
Series No. Recorded Checked By JS Cod File NunMUneZWtCloim.dgn
RIGHT OF WAY CONTRACT
RW 8-3(Rev.6/95) Page] of 5
Martinez, California
Or�r kdo-A,. f� 2007 Project Project No.
DA56 Flood Control Channel Line Z 7566 6D 8126
This Agreement is entered into by and between Contra Costa County Flood Control and Water.
Conservation District hereinafter called 'District" and Ronald E. Nunn hereinafter called "Nunn" for
the exchange of real property between the District and Nunn.
A. Nunn is the owner of record of the real .property described in Exhibit "A" in the Grant
Deed attached hereto and hereinafter referred to as "Nunn Property". The District is the owner of
real property described in Exhibit "B" in the Grant Deed attached hereto and referred to herein as
"District Property";
B. With permission of Nunn, District has relocated its Flood Control Channel Line Z from
the District Property to the Nunn Property. The District would now like to acquire the Nunn Property
for the continued operation of District's realigned Flood Control Channel Line Z and is willing to
exchange the District Property for it. Nunn is willing to transfer the Nunn Property to the District in
exchange for the District Property.
In consideration of which, and the other considerations hereinafter set forth, the parties agree
as follows:
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said Grant Deed from Nunn and said
Grant Deed from the District and shall relieve the District of all further obligation or
claims on this account, or on account of the location, grade or construction of the
realigned Flood Control Channel Line Z located on the Nunn Property.
B. The District requires the Nunn Property for the continued operation of its realigned
Flood Control Channel Line Z, a public use for which District has the power of eminent
domain.
C. Nunn shall exchange its interest in the Nunn Property to the District by Grant Deed and
the District shall exchange its interest in the District Property to Nunn by Grant Deed.
The District and Nunn shall exchange said Properties, without monetary compensation to
either party, in accordance with the terms of this Agreement.
2. A. Nunn shall convey the Nunn Property to the District free and clear of all liens,
encumbrances, assessments, easements and leases (recorded or unrecorded) and
taxes, except those shown as exceptions 3, 4, and 5 in the Preliminary Report No. 615-
9784, dated July 10, 2007, issued by Placer Title Company (the "Approved
Exceptions'. Nunn shall clear and pay taxes for the tax year in which this escrow
closes in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the Ciose.of Escrow.
1
RICIN OF WAY CONTRACT
RW 8-3(Rev.6/95) Page 2 of 5
B. District shall convey the District Property to Nunn subject only to Exceptions 3 through
12 as set forth in the Preliminary Report issued by Placer Title Company, Order 615-
10025, dated as of August 15, 2006.
3. District shall establish an escrow ("Escrow's with Placer Title Company, 1981 N. Broadway,
#100, Walnut Creek, California, 94596, ("Title Company'D their Escrow No. 615-9784. District
shall prepare escrow instructions in accordance with this Agreement and submit them to
counsel for Nunn for approval. District may file the approved instructions with Title Company.
4. District shall:
A. Pay.all escrow and recording fees incurred in this transaction except for title insurance
for the District Property, and pay the premium for title insurance for the Nunn Property,
if District desires title insurance and requests the Title Company to issue a title
insurance policy on said Property.
B. Convey by Grant Deed to Nunn the fee simple title to District Property, subject to the
matters set forth in section 2.B. above.
5. Nunn shall:
A. Deposit into Escrow, any and all funds necessary to satisfy any bond demands and
delinquent taxes due in any year, including the year in which this escrow closes,
together with penalties and interest thereon, and/or delinquent and any unpaid
nondelinquent assessments on the Nunn Property which have become a lien at the
Close of Escrow.
B. Pay any or all money(ies) up to and including the total amount of unpaid principal and
interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other
amounts due and payable in accordance with the terms and conditions of said trust
deed(s) or mortgage(s) shall, upon demand(s), be made payable to the mortgagee(s)
or beneficiary(ies) entitled there under; said mortgagee(s) or beneficiary(ies) to furnish
Nunn with good and sufficient receipt showing said money(ies) credited against the
indebtedness secured by said mortgage(s) or deed(s) of trust for the Nunn Property.
C. Pay for the title insurance on the District Property.
D. Convey by Grant Deed to District the fee simple title to the Nunn Property, subject to
the matters set forth in section 2.A. above.
6. Prior to the Close of Escrow, Nunn shall deliver to the District or into Escrow with Title
Company the following documents:
A. Nunn's affidavit of non foreign status as contemplated by Section 1445 of the Internal
Revenue Code of 1986, as amended [Section 26 USCA § 1445] ("FIRPTA Affidavit?.
2
RIGHT OF WAY CONTRACT
RW 8-3(Rev.6/95) Page 3 of
B. Nunn's affidavit as contemplated by Revenue and Taxation Code § 18662 ("Withholding
Affidavit'.
7. Prior to the Close of Escrow, the District shall deliver to Title Company the following
documents:
A. A Grant Deed, in recordable form and properly executed on behalf of the District,
conveying the District Property to Nunn in fee simple absolute.
B. The Grant Deed executed by Nunn and accepted by the District Board conveying to the
District the Nunn Property.
C. District's FIRPTA Affidavit, if required.
D. District's Withholding Affidavit, if required.
E. A certificate by a registered engineer certifying that all debris and concrete has been
removed from the District Property and that the District Property has been filled and
graded, including the filling of the former Flood Control Channel Line Z to a finished
grade equal to the surrounding portions of the District Property, using an engineered fill
method to a relative compaction of 90%.
8. Escrow shall close upon the conveyance of the Nunn Property to the District and the
conveyance of the District Property to Nunn but only if Title Company is prepared to issue its
policy of title insurance insuring title to the District Property as provided in sections 2.B. On
the closing date which shall be no later than, October 31, 2007 the Title Company shall close
Escrow as follows:
A. Record the Grant Deed to the District, marked for return to the Districtin care of Carla
Peccianti, Senior Real Property Agent for the District (which shall be deemed delivered
to the District).
B. Record the Grant Deed to Nunn marked for return to Sanford M. Skaggs, Bingham
McCutchen LLP, P.O. Box V, Walnut Creek, CA 94596 (which shall be deemed delivered
to Nunn).
C. Issue the Title Insurance Policy, for the Nunn Property, if requested to do so by the
District and paid for by the District.
D. Issue the Title Insurance Policy for the District Property, paid for by Nunn.
E. Prorate taxes, assessments, rents and other charges for the Nunn Property and the
District Property as provided by this Agreement.
F. Prepare and deliver to the District and to Nunn one signed copy of the Title Company's
closing statement showing all receipts and disbursements of the Escrow and one
3
RIGHT OF WAY CONTRACT
RW 8-3(Rev.6/95) Page 4 of
conforming copy of the Grant Deed to Nunn for the District Property, one conforming
copy of the Grant Deed to the District for the Nunn Property.
G. Deliver to Nunn the certificate required by section 7.D.
If the Title Company is unable to simultaneously .perform all of the instructions set forth
above, the Title Company shall notify the District and counsel to Nunn and retain all funds and
documents pending receipt of further instructions from the parties.
9. Nunn warrants that there are no oral or written leases on all or any portion of the Nunn
Property exceeding a period of one month and Nunn further agrees to hold the District
harmless and reimburse the District for any and all of its losses and expenses occasioned.by
reason of any lease of the Nunn Property held.by any tenant of Nunn for a period exceeding
one month.
10. District warrants that there are no oral or written leases on all or any portion of the District
Property exceeding a period of one month and District further agrees to hold Nunn harmless
and reimburse Nunn for any and all of its losses and expenses occasioned by 'reason of any
lease of the District Property held by any tenant of District for a period exceeding one month.
11. The District has .had the opportunity to inspect and has inspected the Nunn Property and is
relying on its own inspection of the Nunn Property without representation or warranty by Nunn
as to its condition. If the Nunn Property is found to be contaminated by the presence of
hazardous wastes which requires mitigation under Federal or State law, the District may elect to
recover its clean-up costs from those who caused or contributed to the contamination and
nothing contained herein shall be construed as a waiver of its rights, if any, to recover such
costs; provided this agreement is not intended to, and shall not create any obligation or liability
for such costs in addition to those provided by such laws.
12. Nunn has had the opportunity to inspect and has inspected the District Property and is relying on
its own inspection of the District Property without representation or warranty by District as to its
condition. If the District Property is found to be contaminated by the presence of hazardous
wastes which requires mitigation under Federal or State law, Nunn may elect to recover its clean-
up costs from those who caused or contributed to the contamination and nothing contained
herein shall be construed as a waiver of its rights, if any, to recover such costs; provided this
agreement is not intended to, and shall not create any obligation or liability for such costs in
addition to those provided by such laws.
13. District represents, warrants and covenants that (a) the relocated channel across the Nunn
Property has been constructed in accordance with its plans and various permits and approvals,
including the Specific Plan; the City's Creek Development Policy; the 1602 Lake and Streambed
Alteration Agreement issued by the Department of Fish and Game (Notification Number
1600-2005-0744-3) dated April 14, 2006; the Action on Request for Clean Water Act §401
Water.Quality Certification for Discharge of Dredged and/or Fi11 Materials for the Relocation
and Enhancement of Line Z and Completion of the Lindsey Detention Project,
(W90#5B07CR00071) Contra Costa County dated 29 March 2006; and the letter from the
Department of the Army, dated December 14, 2005, determining that the water identified as
4
RIGHT OF WAY CONTRACT
RW 8-3(Rev.6/95) Page 5 of 5
Existing Line Z, as depicted on the Figure in the Specific Plan entitled "East Lone Tree Specific
Plan Land Uses" dated July 25, 2005, is not currently regulated by the Corps of Engineers
under Section 404 of the Clean Water Act (collectively, the "Permits'); (b) that all debris and
concrete has been removed from the District Property and it has been filled and graded using
an engineered fill method to a relative compaction of 90% and the former channel has been
filled to a finished grade equal to the surrounding portions of the District Property. District
covenants to comply with all terms and conditions of the Permits.
14. Each party represents that its representations and warranties in this Agreement are true and
effective as of the date the Agreement is executed by that party and at.close of escrow. The
covenants,. representations and warranties of the parties shall survive the closing of this
exchange and shall not merge into the deeds.
15. Condemnation Proceeds. District expressly disclaims any interest in the compensation,
including severance damages that may be awarded to Nunn in that certain pending eminent
domain proceeding entitled State Route 4 Bypass Authority v. Nunn, Contra Costa Superior
Court No. C05-00857 by which the plaintiff seeks to acquire land owned by Nunn that abuts
the Nunn Property.
In Witness Whereof, the Parties have executed this agreement on the dates shown below.
DISTFUCT NUNN
CONTRA COSTA COUNTY FLOOD RONALD E. NUNN
CONTROL AND WATER
CONSERVATION DISTRICT
By Ajl4, y By �J
MA469thiu konald t. Nunr, '
Chief Engineer
Date I v — f to" Date /
(Date of Board Approval) (Date tigiried by Nunn)
Reco ended for Approval:
/> Approved as to form:
By
C la Pecc',anti By
S nior R I Property Agent Sa rd M. Skagg , sq.
By
ar n L6ws
Principal Real Property Agent
An2237717.2
5
Recorded at the request of:
Contra Costa County
Flood Control & Water
Conservation District
EXHIBIT
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Carla Peccianti
Assessor's Parcel No. Portion of 053-072-021
Placer Title Co. Escrow No. 615-9784
GRANT DEED
For Value Received, receipt of which is hereby acknowledged RONALD E. NUNN, a married
man as his sole and separate property
GRANTS to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a body corporate and politic existing under the law of the State of California,
The following described real property in the City of Antioch, County of Contra Costa, State
of California,
FOR DESCRIPTION SEE EXHIBIT"'A"ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR
Date By
Ronald E. Nunn
ATTACH APPROPRIATE ACKNOWLEDGMENTS
Z:\GrpData\RealProp\Carla\Acquistion\Deeds\DE.01 R Nunn 8-28-07 Exhibit A.doc
Parcel 5020
Drawing No. FA20012
Exhibit"A"
Land Description of a parcel of land situate in the East half of Section 34, Township 2 North,
Range 2 East, Mount Diablo Base and Meridian, City of Antioch, County of Contra Costa, State
of California; said parcel being a portion of that certain parcel of land described in a Grant Deed
to Ronald E. Nunn, recorded June 2, 1990 as document number 90-112836
in the Official Records of said Contra Costa County; same said parcel also being a portion of that
certain parcel of land described as Parcel 4 in a deed to Ronald E. Nunn, recorded June 30,
1982 in Book 10834, at Page 480 in the Official Records of said Contra Costa County; same said
parcel being more particularly described as follows:
PARCEL 5020(Fee Title):
Commencing at the southwest corner of said Nunn parcel; thence leaving said southwest corner
and along the south line of said Nunn parcel, South 89°20'29" East, a distance of 649.34 feet to a
point on the easterly right-of-way line of the State Route 4 Bypass, said point being the True
Point of Beginning hereof, said point also being the beginning of a non-tangent curve to the left,
from which point the center bears South 65°44'17" West, 3123.03 feet; thence leaving the south
line of said Nunn parcel and along said easterly right-of-way line for the following'two (2)
courses: (1) northwesterly along the arc of said curve to the left having a radius of 3123.03 feet,
through a central angle of 4°28'37", an arc distance of 244.03 feet, and (2) North 27'32'19"
West, a distance of 198.79 feet to a common corner between said Nunn parcel and that certain
parcel of land conveyed to the Contra Costa County Flood Control and Water Conservation
District, as described in a Grant Deed recorded January 5, 1993 in Book 18179, at page 299,
Official Records of said county; thence along said common line,
North 59°10'56" East, a distance of 197.92 feet; thence leaving said common line and crossing
through said Nunn parcel for the following four(4) courses: (1) South 14°01'04"East, a distance
of 127.37 feet, (2) South 35°27'38" East, a distance of 102.24 feet, (3) South 31°14'51" East, a
distance of 81.96 feet, (4) South 28°16'27"East, 251.63 feet to the south line of said Nunn
Parcel 5020
Drawing No. FA20012
parcel; thence along the south line of said Nunn parcel, North 89°20'29" West, a distance of
22 1.10 feet to the True Point of Beginning.
Containing 2.12 acres,more or less.
Bearings used in the above description are based on the California Coordinate System of 1983,
Zone 3. Distances are in ground, multiply distances shown by 0.99993642 to obtain grid level
distances.
This description has been prepared at Mark Thomas & Company, Inc., by me, or under my
direction, in conformance with the Professional Land Surveyor's Act.
S�tAMNDSURL
F
61-Z-11-2607
Z
hnson 6p.V-31-01 * Date
Lar e
Profe s' nal Land Surveyor .4
California No. 4998 �rFDF CA%-% �
CCC - FLOOD CONTROL dt CRY OF ANTIOCH
WATER CONSERVATION DLSTRK.T E 112 SEG 34, 12 N. R 2 Er
18' 9 OR 299 iDBd�M
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F RONALD E NUNN
DOC NO.10834 OR 480
cP >' & 90.1 2836
cp >
PARCEL 5020 F
FLOOD
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C
CHANNEL
6 \ ft ! CP.
212 Ar-2
RONALD E NUNN STATE ROUTE 4 �,
DOC NO 10834 OR 480 BYPASS
dt 90.112836 '� >
O .�
S89°20'29"E 649.34'
�� L N89'20'29"W 221 .10'
POC Sr /
TPOB
LEGM
POC = POINT OF COMMENCEMENT
TPOB = TRUE POINT OF BEGINNING 0 50 100 zoo aoo
(R) = RADIAL BEARING
BEARINGS USED ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM OF 1983, ZONE 3. DISTANCES
ARE IN GROUND, MULTIPLY DISTANCES SHOWN BY
0.99993642 TO OBTAIN GRID DISTANCES.
Mark CONTRA COSTA COUNTY FLOOD CONTROL
Thomas & In Contra Costa
Company, AND WATER CONSERVATION DISTRICT Count California
Inc. DRAWING NO. FA20012 y'
Scale 1" = 100' EXHIBIT A-1
DateAUG Drawn By 29TWP 07 Plat to Accompany Legal Description 8/29/2007
Checked By AMM APN 053-072-021
Vj\81-98042\CADD\Drawing\plots for aquisitlon\10 - Nunn - Chonnel Row 7-30-07.dwg 8/29/2007 243:13 PM PDT
Recorded at the request of:
Contra Costa County
Flood Control & Water
Conservation District
EXHIBIT "B"
Return to: Sanford M. Skaggs,
Bingham McCutchen LLP
P.O. Box V
1333 N California Blvd
Walnut Creek, CA 94596
DA 56 Line Z
Portion of Parcel 1565
GRANT DEED
For Value'Received, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic
existing under the laws of the State of California,
GRANT(S) to RONALD E. NUNN, A married man as his sole and separate property, the
following described real property in the City of Antioch, County of Contra Costa, State of
California,
FOR DESCRIPTION SEE EXHIBIT"B" ATTACHED HERETO AND MADE A PART
HEREOF.
GRANTOR
Date: By
Chair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On before me,
Deputy Clerk of the Board of Supervisors, Contra Costa
County,personally appeared
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.
WITNESS my hand and official seal.
Bv:
Z:\GrpData\RealProp\Carla\Acquisbon\Deeds\DE.01 grant deed to.Nunn 8-28-07 Exhibit B.doc
DA-56 Line "Z"
Portion of Parcel 1563
Grant Deed from CCCFC&WCD to Nunn
Drawing Number FA 20,002
EXHIBIT "B"
Real property in the City of Antioch, County of Contra Costa, State of California,
being a portion of the southeast quarter of Section 34, Township 2 North, Range
2 East, Mount Diablo Meridian, and being a portion of Parcel 1563 as described
in the ideed to the Contra Costa County Flood Control and Water Conservation
District (CCCFC&WCD) recorded August 27, 1990 in Book 16075 of Official
Records at page 583, Contra Costa County, Califomia, described as follows:
Parcel 5002
.Beginning at the southeast corner of said Parcel 1563 (16075 O.R. 583) as
shown on drawing number ED-10172 on file in the Contra Costa County Public
Works Department Records section; thence westerly along the southerly line of
said Parcel 1563, north 89012'18" west, 74.76 feet to the southwest corner of
said Parcel 1563, being a point on a non tangent curve concave to the west, a
radial from said point bears south 82032'09" west; thence northwesterly along
said curve and the westerly line of said Parcel 1563, having a radius of 4025.96
feet, through a central angle of 10°28'39", an arc length of 736.21 feet to a point
on the southerly line of the parcel of land as described in the deed to
CCCFC&WCD, recorded January 5, 1993 in Book 18179 of Official Records at
page 299; thence along said southerly line, north 59011'14' east, 72.80 feet to a
point on the easterly line of said Parcel 1563, also being a point on a non tangent
curve concave to the west, a radial from said point bears south 71049'54" west;
thence southeasterly along said curve and easterly line of said Parcel 1563,
having a radius of 4096.96 feet, through a central angle of 0000'28", an arc length
of 0.56 feet to a point on the northerly line of said Parcel 1563; thence easterly
along said line north 71050'22" east, 3.00 feet to a point on a tangent curve,
concave to the west, a radial from said point bears south 71050'22" west; thence
southeasterly along said curve and easterly line of said Parcel 1563, having a
radius of 4099.96 feet, through a central angle of 10°50'47", an arc length of
776.14 feet to the point of beginning.
Containing an area of 55,999 square.feet of land, more or less.
Exhibit "B-1" (Drawing Number FA 20,002) attached and by this reference
made a part hereof.
1
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature:
Licensed Land Surveyor v
Exp.9/30/07
Date: CCF4 -'9 L.S.6571
OF CALF
G:\Design\SURVEYS\Legals\Exhibits2007\DA56LineZN unn Quitclaim.doc
KT.Js August 2,2007
2
EXHIBIT 1I13 - 111
PLAT TO ACCOMPANY EXHIBIT "B"
J
94 -029515
18179 O.R. 299 0 C.C. Co. Detail N.T.S.
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Jacuzzi, et. al. •� 2005-411579
2003-02880 'O
c° See ED-10172 & ED-10183.1
DA-56 Line"Z" C.C.C.F.C.&W.C.D. to Nunn
Instrument
Scale 1"-150' Date August 2007
Drawn By KT Dwg. No. FA 20,002
Series No. Recorded Checked By JS Cad File NunnLineNuilCloim.dgn
Jane Pennington To: cctlegals@cctimes.com
cc:
10/04/2007 08:21 AM
Subject: Legal Publication Request from Clerk of the Board
Please publish the following notice (blue text) in the Contra Costa Times, full circulation.
Publish once
Run date: October 9, 2007
Reference ID: 100207C13 Nunn
Thanks,
Jane Pennington
Chief Clerk, Contra Costa Board of Supervisors
Ph 925-335-1908
Fax 925-335-1913
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 94553
NOTICE OF INTENTION TO EXCHANGE REAL PROPERTY
(Gov. Code§ 25365)
The Board of Supervisors of Contra Costa.County declares its intention to exchange with Ronald E. Nunn,
the District-owned real property, identified as District Parcel 5002, located west of Empire Avenue, south j
of Neroly Road and east of the State Route 4 Bypass in the Antioch area, in exchange for the Ronald E.
Nunn-owned real property located directly east of the State Route 4 Bypass, and identified as a portion of
APN 053-072-021. The Board will meet at 9:30 a.m. on Tuesday, October 16, 2007 in its Chambers,
County Administration Building, 651 Pine Street, Martinez, California, to consummate the exchange.
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: October 2,2007
JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator
By Jane Pennington, Chief Clerk
TO: BOARD OF SUPERVISORS, AS GOVERNING =SE L-= Contra
BOARD OF THE FLOOD CONTROL & WATER
CONSERVATION DISTRICT Costa C
u 40
FROM: MAURICE M. SHIU CHIEF ENGINEER
OST'4------ County
DATE: October 2, 2007
SUBJECT: APPROVE the Notice of Intention to Exchange Real Property between Contra Costa Flood Control
and Water Conservation District and Ronald E. Nunn, Antioch area. (District V)
Project No. 7566-6D8126 Government Code §25365
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
RESOLVE that the Board of Supervisors,as Governing Board for the Contra Costa County Flood Control and Water
Conservation District intends to exchange with Ronald E. Nunn (Nunn) Contra Costa County Flood Control and
Water Conservation District(District)owned real property in the Antioch area,as described in the attached Notice of
Intention to Exchange Real Property (Notice) and more particularly described in Exhibit"A", attached hereto, for
land of equal value described in Exhibit `B", attached hereto, in accordance with the terms and conditions of the
Right of Way Contract on file in the Public Works Department.
DETERMINE that the property acquired by District by Final Order of Condemnation on April 11, 1990, in Book
15781;Page 966, Series No. 90-73518, Official Records of Contra Costa County for Drainage Area(DA) 56 Line Z
Channel is surplus and no longer necessary for flood control purposes.
The exchange of property is for property of equal value required for the relocation of A56 Line Z Channel project.
CONTINUED ON ATTACHMENT: ❑x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND ON►O"O RD CO ITTEE —Yf
APPROVE OTHER
SIGNATURE(S):
2,_Z." A
ACTION OF BOA N 101r)-2— /6 �= APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES
UNANIMOUS(ABSENT ) OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN:
CP:sr
Orig.Div. Public Works(R/P)
Contact: Carla Peccianti(313-2222)
G:\RealProp\Roard Orders\2007\10-02-07 BO-R Nunn doc.doc 7
JOHN CU EN,CLERK OF THE BOARD OF
SUPERVISORS
cc: R Faraone.Flood Control
I.Bergeron,Computer Services
Public Works Records
Grantee(via RIP) BY: DEPUTY
Recorder(via R/P)
SUBJECT: APPROVE the Notice of Intention to Exchange Real Property between Contra Costa Flood
Control and Water Conservation District and Ronald E. Nunn, Antioch area. (District V) Project
No. 7566-6D8126
DATE: October 2, 2007
PAGE: 2of 2
RECOMMENDED ACTION: (con't)
DIRECT the Clerk of the Board to publish the attached Notice at least one week in advance preceding the date of the
exchange, one time in the Contra Costa Times, a newspaper of general circulation (pursuant to Government Code
Section 6061).
FIX Tuesday,October 16,2007, at 9:00 a.m.,in the Board's Chambers,County Administration Building,'65I-Pine
Street,Martinez,California,as the date and time for the Board to meet to consummate the exchange by a four-fifths
vote.
FISCAL IMPACT:
There is no impact to the County General Fund. No monies are being exchanged between the parties.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
On August 29,2005 the Board of Supervisors, as Governing Board for the Contra Costa County Flood Control and
Water Conservation District, adopted the Environmental Impact Report for Future Urban Area 2, certified by the
City of Antioch on December 13, 1995. The Findings and the adoption of the EIR covered all real property
transactions associated with the relocation of DA56 Line Z and the completion of the Lindsey Detention Basin.
The District originally acquired property from Nunn in April 1990,for DA56 Line Z Channel. This alignment crossed
through the Nunn property bifurcating it into two smaller parcels.
The construction of State Route 4 Bypass(SR4BP)allowed the District to reconfigure Lindsey Basin and realign DA56
Line Z Channel so it would no longer separate Nunn's property. For the District to be able to relocate DA 56 Line Z
Channel, it requires the acquisition of additional real property from Nunn. DA56 Line Z Channel was moved to the
new property under a Right of Entry. Now,the property acquired from Nunn in 1990 is surplus to the District's needs.
Rather than exchange money between the District and Nunn,both parties prefer to exchange property rights without
monetary consideration.
CONSEQUENCES OF NEGATIVE ACTION:
The District will not have the permanent property rights necessary for the relocated DA56 Line Z Channel and will
have to purchase the property.
Parcel 5020
Drawing No. FA20012
Exhibit"A"
Land Description of a parcel of land situate in the East half of Section 34, Township 2 North,
Range 2 East, Mount Diablo Base and Meridian, City of Antioch, County of Contra Costa, State
of California; said parcel being a portion of that certain parcel of land described in a Grant Deed
to Ronald E. Nunn, recorded June 2, 1990 as document number 90-112836
in the Official Records of said Contra Costa County; same said parcel also being a portion of that
certain parcel of land described as Parcel 4 in a deed to Ronald E. Nunn, recorded June 30,
1982 in Book 10834, at Page 480 in the Official Records of said Contra Costa County; same said
parcel being more particularly described as follows:
PARCEL 5020 (Fee Title):
Commencing at the southwest corner of said Nunn parcel; thence leaving said southwest corner
and along the south line of said Nunn parcel, South 89020129" East, a distance of 649.34 feet to a
point on the easterly right-of-way line of the State Route 4 Bypass, said point being the True
Point of Beginning hereof, said point also being the beginning of a non-tangent curve to the left,
from which point the center bears South 65°44'17" West, 3123.03 feet; thence leaving the south
line of said Nunn parcel and along said easterly right-of-way line for the following two (2)
courses: (1) northwesterly along the arc of said curve to the left having a radius of 3123.03 feet,
through a central angle of 4°28'37", an arc distance of 244.03 feet, and (2) North 27'32'19"
West, a distance of 198.79 feet to a common corner between said Nunn parcel and that certain
parcel of land conveyed to the Contra Costa County Flood Control and Water Conservation
District, as described in a Grant Deed recorded January 5, 1993 in Book 18179, at page 299,
Official Records of said county; thence along said common line,
North 59°10'56" East, a distance of 197.92 feet; thence leaving said common line and crossing
through said Nunn parcel for the following four(4) courses: (1) South 14°01'04"East, a distance
of 127.37 feet, (2) South 35°27'38" East, a distance of 102.24 feet, (3) South 31°14'51" East, a
distance of 81.96 feet, (4) South 28°16'27"East, 251.63 feet to the south line of said Nunn
Parcel 5020
Drawing No. FA20012
parcel; thence along the south line of said Nunn parcel, North 89°20'29" West, a distance of
22 1.10 feet to the True Point of Beginning.
Containing 2.12 acres, more or less.
Bearings used in the above description are based on the California Coordinate System of 1983,
Zone 3. Distances are in ground, multiply distances shown by 0.99993642 to obtain grid level
distances.
This description has been prepared at Mark Thomas & Company, Inc., by me, or under my
direction, in conformance with the Professional Land Surveyor's Act.
l S�tAND SUR
JOHy�F`0
V�hnson
L 6v.12-31-01 * Date
Profei�s
nal Land Surveyor �� �D'4998
California No. 4998 �IFOF CALF
CCC- FLOOD CONTROL 8t CITY OF ANTIOCH
WATER CONSERVATION DISTRICT E 'V2 SEG D T.2 N, R 2 E,
MD12
18179 OR 299
ND �
0 �o
O+ J f z
56
Np o,
.12-31-0
o. 4998
T21 S. F OF CA��
`o, '�' F RONALD E NUNN
DOC NQ 10834 OR 480
A 90-TEM 6
� �.
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PARCEL 5020 <"
F, FLOOD CONTROL
CHANNEL sr,
�6� o 92.255 3%h =
212 Ac.= �.
RONALD E NUNN STATE ROUTE 4 � <1\
DOC NO.10834 OR 480 BYPASS
&90•'112836
S89'20'29"E 649.34' 0"
N89'20'29"7221 .13'
POC S65��
TPOB
LEGEND
POC = POINT OF COMMENCEMENT
POC
= TRUE POINT OF BEGINNING 0 50 loo zoo 300
(R) = RADIAL BEARING
SCALE — 1"= 100'
BEARINGS USED ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM OF 1983, ZONE 3. DISTANCES
ARE IN GROUND, MULTIPLY DISTANCES SHOWN BY
0.99993642 TO OBTAIN GRID DISTANCES.
Mark CONTRA COSTA COUNTY FLOOD CONTROL
Thomas & AND WATER CONSERVATION DISTRICT In Contra Costa
Company, DRAWING NO. FA20012 County, California
Inc.
Scale 1" = 100' EXHIBIT A-1
Date AUG 29, 2007 Plat to Accompany Legal Description
Drawn By TWP 8/29/2007
Checked By AMM APN 053-072-021
V1\81-98042\CADD\Drowing\plots for oquisition\10 - Nunn - Channel Row 7-30-07.ciwg 8/29/2007 2:43,13 PM PDT
DA-56 Line `Z'
Portion of Parcel 1563
Grant Deed from CCCFC&WCD to Nunn
Drawing Number FA 20,002
EXHIBIT "B"
Real property in the City of Antioch, County of Contra Costa, State of California,
being a portion of the southeast quarter of Section 34, Township 2 North, Range
2 East, Mount Diablo Meridian, and being a portion of Parcel 1563 as described
in the Final Judgment of Condemnation --- Action in Eminent Domain to the
Contra Costa County Flood Control and Water Conservation District
(CCCFC&WCD) recorded April 11, 1990 in Book 15781 of Official Records at
page 966, Contra Costa County, California, described as follows:
Parcel 5002
Beginning at the southeast corner of said Parcel 1563 (15781 O.R. 966) as
shown on drawing number ED-10172 on file in the Contra Costa County Public
Works Department Records section; thence westerly along the southerly line of
said Parcel 1563, north 89012'18" west, 74.76 feet to the southwest comer of
said Parcel 1563, being a point on a non tangent curve concave to the west, a
radial from said point bears south 82032'09" west; thence northwesterly along
said curve and the westerly line of said Parcel 1563, having a radius of 4025.96
feet, through a central angle of 10028'39", an arc length of 736.21 feet to a point
on the southerly line of the parcel of land as described in the deed to
CCCFC&WCD, recorded January 5, 1993 in Book 18179 of Official Records at
page 299; thence along said southerly line, north 59011'14" east, 72.80 feet to a
point on the easterly line of said Parcel 1563, also being a point on a non tangent
curve concave to the west, a radial from said point bears south 71049'54" west;
thence southeasterly along said curve and easterly line of said Parcel 1563,
having a radius of 4096.96 feet, through a central angle of 0°00'28", an arc length
of 0.56 feet.to a point on the northerly line of said Parcel 1563; thence easterly
along said line north 71050'22" east, 3.00 feet to a point on a tangent curve,
concave to the west, a radial from said point bears south 71'50'22" west; thence
southeasterly along said curve and easterly line of said Parcel 1563, having a
radius of 4099.96 feet, through a central angle of 10050'47", an arc length of
776.14 feet to the point of beginning.
Containing an area of 55,999 square feet of land, more or less.
Exhibit "13-1" (Drawing Number FA 20,002) 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 the Professional Land Surveyors Act.
Signature-, ��_� �� O�`A.
N S
Licensed Land Surveyor
Up.9/30/07
Date: Q� rbc L.S.6571
Q.
FG
G:\Design\SURVEYS\Legals\Exhibits2007\DA56LineZNunnOuitclaim.doc
KT:js August 2,2007
2
EXHIBIT " B - 1 "
PLAT TO ACCOMPANY EXHIBIT "B" I
94-029515
18179 O.R. 299
0 j C.C.CO. Detail N.T.S.
C.C.C.F.C.&W.C.D. do U _
0-1 — —
01
72.80 �Z\-
N59° 11'14"E fit, See
Detail
n
u
0
L=0.56
o LA o L=07 0'28"
� R=4096.96
a' cP -.a 3.00
oma- N71050'22"E(R)
rn
10834 O.R. 480 O0
Nunn 1% -;0 o Nunn
-j w� uo 10834 O.R. 480
Cp
0U0•C) 6, 0 a'
n �_ FCPID 5,002
•Q
Area-55,999 sq. ft.
n --1
J J
W CY)
0' 1"=150'
N C7 -P
_ 74.76
N89° 12'18"W
S82° 32'09"W(R)
-o P.O.B.
C� 0on
'n or Jacuzzi, et. al.
Jacuzzi, et. al. •� 2005-411579
2003-02880 'O
cO See ED-10172 & ED-10183.1
DA-56 Line"Z" C.C.C.F.C.&W.C.D. to Nunn
Instrument Scale 1"-150' Dote August 2007
Drawn By KT Dwg. No. FA 20,002
Series No. Recorded
Checked By JS Cad File N,wS'n,e2a,i1C10im.O9n
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 94553
PUBLICATION REQUEST
TO: Jane Pennington, Chief, Clerk of the Board
Attn: Emy Sharp, Deputy Clerk, Clerk of the Board
esllar(ci;,cob.co.contra-costa.ca.us
FROM: Carla Peccianti
Public Works Department
(925) 313-2222
BOARD MTG. DATE: October 2, 2007
PREVIOUSLY APPROVED BY BOS ON:
HEARING DATE: October 16, 2007
PUBLICATION DATES: October 9, 2007
REQUESTED PUBLISHING PAPER(S): Contra Costa Times
Do not type below this line—Publication lanauaae on following page
(_:`.kcall'i"Uh`'•8081'd Oidefs\2007"10-02-07 PUB-R Nunn.doc
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 94553
NOTICE OF INTENTION TO EXCHANGE REAL PROPERTY
(Gov. Code § 25365)
The Board of Supervisors of Contra Costa County declares its intention to exchange with Ronald E. Nunn, the
District-owned real property, identified as District Parcel 5002, located west of Empire Avenue, south of Neroly
Road and east of the State Route 4 Bypass in the Antioch area, in exchange for the Ronald E. Nunn-owned real
property located directly east of the State Route 4 Bypass, and identified as a portion of APN 053-072-021. The
Board will meet at 9:00 a.m. on Tuesday, October 16, 2007 in its Chambers, County Administration Building,
651 Pine Street, Martinez, California, to consummate the exchange.
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: 140 4Z. /ate
JOHN CULLEN,Cler c of the Board of Supervisors and County
Administrator `
By Deputy
Publication Date:
October 9, 2007
&I..RealProp\Board Orders`•,2007`\10-02-07 PUB-R Nunn.doc