HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-244 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 7, 2002, by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER and GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/244
(Gov. Code § 25365)
SUBJECT: ADOPT Resolution No. 2002/24.4 to quitclaim real property to the
Moraga-Orinda Fire Protection District. [CPQ# 02-37]
Project No. 4500-6G0015
Moraga/Orinda Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property described in Exhibit"A"attached
hereto, for fire station sites. Said properties passed to the Moraga-Orinda Fire Protection
District as part of the LAFCO reorganization process on October 25, 1996. In order to
perfect title to Moraga-Orinda Fire Protection District, the District is requesting the County
to execute a Quitclaim Deed to the District.
This Board hereby APPROVES and AUTHORIZES the Quitclaim of said property to
Moraga-Orinda Fire Protection District, pursuant to Government Code Section 25365 and
the Board Chair is hereby AUTHORIZED to execute a Quitclaim Deed on behalf of the
County.
The Real Property division is DIRECTED to cause said Quitclaim to be delivered to
the grantee.
1 hereby certify that this is a true and correct
KAL:eh copy of an action taken and entered on the
G:1ReaiProp\2002-Files\BOs&RBS\BR10B Moraga-Orinda FPD.doc minutes of the Board of Supervisors on the
Orig. Dept.: Public Works(R/P) date shown.
Contact: Karen Laws(313-2228)
cc: Public Works Accounting ATTESTED:_ May 7, 2002
Public Works Records JOHN SWEETEN,Clerk of the Board of
Grantee(via FLIP) Supervisors and County Admini trator
Recorder(via R/P) jl.i„L "
Community Development Dept. By .�,�ie Deputy
L. Dalziel,Adm.
RESOLUTION NO. 2002/ 244
Subject: ADOPT Resolution No. 2002/2440 quitclaim real property to the Moraga-
Orinda Fire Protection District.
May 7, 2002
Page 2
The Board hereby FINDS that there is no possibility the activity will have a
significant adverse effect on the environment, and DETERMINES that the project is not
subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section
15061(b)(3) of the 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.
RESOLUTION NO. 2002/244
Recorded at the request of:
Moraga-Orinda Fire Protection District
After recording return to:
Moraga-Orinda Fire Protection District
c/o Law Offices of William D. Ross
520 South Grand Ave., Ste. 300
Los Angeles, CA 90071-2610
Attn. Scott E. Porter
Assessor's Parcel Nos. 265-170-036, Title Co. Order No. 775742
257-190-056, 260-120-014,
270-301-012 & 255-020-003
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California,
Does hereby remise, release and forever quitclaim to Moraga-Orinda Fire Protection
District,the following described real property in the City of Orinda and unincorporated area of the
County of Contra Costa, State of California.
FOR DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF.
CONTRA COSTA COUNTY
Dated May 07, 2002 By
air,4sns 1j4x7__
Board of Supervisors
STATE OF CALIFORNIA }
COUNTY OF CONTRA COSTA)
On May 07, 2002 before me, Jahn
Sweeten, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County,
personally appeared,Sill)__ .Tnhn Gj ni a .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 instru-
ment and acknowledged to me that he/she/they
executed the same In his/her/their authorized capacl-
ty(les), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
wh' the persons) cted, a ec the instrument.
By:
pu Cf rk
G:lGrpDafalReelPmp12002-Files102-3V)E4 Moraga-Odnda FPD.doc
4/3V2
ALTA Plain Language Commitment EXHIBIT "A" Commitment No. 775742
Page 5
4. The land referred to in this Commitment is described as follows:
TRACT 1:
REAL PROPERTY in the City of Moraga,County of Contra Costa,State of Califomia, described as follows:
PARCEL ONE:
Portion of the land shown on the Map of Sectionization of a part of Rancho Laguna De Los Palos
Colorados, filed August 8, 1916 in Book 15 of Maps, at Page 308, described as follows:
Beginning at a point on the southwestern line of Moraga Way, a County Road, as described in the Deed
from the Moraga Company to County of Contra Costa recorded April 9, 1931 in Book 266 of Official
Records of Contra Costa County, at Page 300; distant thereon North 630 08' 37"West(the bearing North
630 08' 37" West being taken as the bearing of this line for the purpose of this description) 367.96 feet
from the intersection thereof with the northwestern line of School Street, a County Road, as described in
the Deed from the Moraga Company to the County of Contra Costa, recorded March 9, 1944 in Volume
759 of Official Records of Contra Costa County, at Page 257; thence from said point of beginning along
said southwestern line North 630 08' 37" West, 315.91 feet; thence South 260 51' 03" West, 98.42 feet
to a point on the northeastern line of the land described in Parcel Two in the Deed from Claude E.
Reynolds, et ux, to Joaquin Gloria, et ux, recorded July 24, 1947 in Volume 1101 of Official Records of
Contra Costa County, at Page 469; thence along said last mentioned line South 630 08' 57" East, 108.67
feet; thence South 190 56' 12" East, 203.85 feet to the centerline of a creek; thence along said centerline
as follows: North 400 13' 31"East, 44.10 feet; North 360 21'47" East, 102.36 feet; North 400 32' 03" East,
62.44 feet and North 530 30' East, 37.42 feet to the point of beginning.
EXCEPTING THEREFROM:
"All oil, gas, petroleum and other hydrocarbon substances, and all other minerals and water in, under or
recoverable from the portion of subsurface of the above described land lying below a plane parallel to and
500 feet vertically below the surface of said land, and the right to remove from, store in and Inject into said
portion of the subsurface of said land, oil, gas, petroleum and other hydrocarbon substances, and other
minerals and water; and excepting and reserving to Grantor, its successors and assigns, rights of way,
easements and servitudes in and through said portion of the subsurface of said land for the purpose of
exercising the rights herein excepted and reserved, including but not limited to the right from time to time
to drill well holes, to case same and otherwise to complete and maintain wells Into and through said
portion of the subsurface of said land from surface locations outside of said land; provided, however, that
the rights herein excepted and reserved do not and shall not include the right to enter upon the surface
of said land or any portion thereof lying above a plane parallel to and 500 feet vertically below the surface
of said land, and do not and shall not include the right to inject or store oil, gas, petroleum or other
hydrocarbon substances, or other minerals or water into or in any portion of said land lying above a plane
parallel to and 500 feet vertically below the surface of said land" as reserved in the Deed from Utah
Construction & Mining Co. to Contra Costa County, a political subdivision for and on behalf of the Eastem
Contra Costa County Fire Protection District, recorded May 11, 1965, Book 4865, Page 75, Official
Records.
PARCEL TWO:
Portion of the land shown on the "Map of Sectionization of a part of Rancho Laguna De Los Palos
Colorados, Contra Costa County, California," etc., filed August 8, 1916 in Book 15 of Maps, at Page 308,
Contra Costa County Records, described as follows:
Beginning at the most southern comer of the parcel of land described in the Deed from Utah Construction
First American Title
ALTA Plain Language Commitment Commitment No. 775742
Page 6
& Mining Co. to Contra Costa County, recorded May 11, 1965 in Volume 4865 of Official Records of said
County, at Page 76; thence from said point of beginning, running along the southwestern line of said
Parcel, North 190 56' 12"West, 203.85 feet; thence South 260 51' 03"West, 150 feet; thence South 630
08' 57" East, 144.68 feet; thence North 470 20' 23" East, 11.12 feet to the point of beginning.
EXCEPTING THEREFROM:
Mineral rights granted in the Deed to Utah Construction and Mining Co. recorded September 19, 1967,
Book 5456, Official Records, Page 484.
PARCEL THREE:
Portion of Lot 273, Map of Rancho Colorados, filed August 8, 1916, Map Book 15, Page 308, Contra Costa
County Records, described as follows:
Commencing at the northeast corner of said Lot 273; thence from said point of beginning South 00 21'
West along the East line of said Lot 273, 360.83 feet to the center line of the right of way of the
Sacramento-Northern Railway; thence South 370 49'West along said center line, 460.86 feet to the center
line of a 100 feet in width street; thence North 620 56' West along said center line, 772.94 feet to the
center line of a 60 feet in width street; thence North 20 56' West along said last mentioned center line,
242.49 feet to the actual point of beginning of the herein described parcel of land; thence from said point
of beginning North 620 56'West,46.60 feet; thence North 270 04' East 60 feet;thence South 620 56' East,
81.24 feet; thence South 570 04' West, 69.27 feet to the point of beginning.
PARCEL FOUR:
Portion of Lot 273, Map of Rancho Colorados, filed August 8, 1916, Map Book 15, Page 308, Contra Costa
County Records.
Commencing at the northeast corner of said Lot 273; thence from said point of beginning South 00 21'
West along the East line of said Lot 273, 360.83 feet to the center line of the right of way of Sacramento-
Northern Railway; thence South 370 49'West along said center line, 460.86 feet to the center line of a 100
feet in width street; thence North 620 56' West along said center line, 772.94 feet to the center line of a
60 feet in width street;thence North 20 56'West along said last mentioned center line 242.49 feet; thence
North 570 04' East, 69.27 feet to the actual point of beginning of the herein described parcel of land, being
the most easterly comer of the parcel of land described in the Deed to Charles Merrill, et ux, recorded
October 1, 1917, Book 307, Deeds, Page 20; thence from said point of beginning North 620 56' West
Tong the northeast line of said Merrill Parcel, 81.24 feet to the northwest comer thereof; thence North 270
04' East, 47.5 feet; thence South 620 56' East, 108.67 feet; thence South 570 04'West 54.85 feet to the
point of beginning.
PARCEL FIVE:
A portion of that parcel of land described as Parcel Two in the Deed to Russel J. Bruzzone, Inc., recorded
July 24, 1972 in Book 6706 at Page 404, Official Records of Contra Costa County, California, described
as follows:
Beginning at the most northerly comer of said Bruzzone, Inc. Parcel Two (6706 O.R. 404); thence from
said point of beginning along the exterior boundary of said Parcel the following courses: South 560 51'03"
West 124.12 feet, North 630 08' 57"West 46.60 feet, South 260 51' 03" West 30.00 feet, South 630 08'
57" East 63.92 feet, and South 30 08' ST' East 14.44 feet; thence leaving said boundary South 630 08'
57" East 37.52 feet to the most westerly comer of that parcel of land described in the Deed to Contra
Costa County recorded March 9, 1973 in Book 6884 at Page 510, of Official Records of said County;
thence along the northwesterly line of said County Parcel (6884 0.R. 510) North 260 51' 03" East 150.00
First American Title
ALTA Plain Language Commitment Commitment No. 775742
Page 7
feet the point of beginning.
EXCEPTING THEREFROM:
Mineral rights granted in the Deed to Utah Construction and Mining Co., recorded September 19, 1967,
Book 5456, Page 484, Official Records.
PARCEL SIX:
A portion of that parcel of land shown as Parcel 2 of the Map of Subdivision MS 603-85, filed October 3,
1985 in Book 118 of Parcel Maps at Page 44, Records of Contra Costa County, California, described as
follows:
Beginning at an angle point in the general easterly line of said Parcel 2 (118 PM 44) at the most westerly
comer of that parcel of land described In the Deed to Russel J. Bruzzone, Inc., recorded July 24, 1972
in Book 6706 at Page 404, Official Records of said County; thence from said point of beginning, along the
common boundary of said Parcel 2 and said Bruzzone, Inc., Parcel (6706 O.R. 404) South 630 08' 57"
East 63.92 feet, thence South 30 08' 57" East 14.44 feet; thence leaving said common boundary, North
630 08' 57" West 71.14 feet; thence North 260 51' 03" East 12.50 feet to the point of beginning.
EXCEPTING THEREFROM:
Rights reserved in the Deed from Utah Construction & Mining Co., recorded November 10, 1969, Book
6001, Official Records, at Page 381, as follows:
"Excepting and reserving to Grantor, its successors and assigns, all oil, gas, petroleum and other
hydrocarbon substances, and all other minerals, and water, in, under or recoverable from the portion of
subsurface of the above described land lying below a plane parallel to and 500 feet vertically below the
surface of said land, and the right to remove from, store in and inject into said portion of the subsurface
of said land, oil, gas, petroleum and other hydrocarbon substances, and other minerals and water, and
excepting and reserving to grantor, its successors and assigns, rights of way, easements and servitudes
in and through said portion of the subsurface of said land for the purpose of exercising the rights herein
excepted and reserved including, but not limited to the right from time to time to drill well holes, to case
same and otherwise complete and maintain wells into and through said portion of the subsurface of said
land from surface locations outside of said land, provided however, that the rights herein excepted and
reserved do not and shall not include the right to enter upon the surface of said land or any portion thereof
lying above a plane parallel to and 500 feet vertically below the surface of said land, and do not and shall
not include the right to inject or store oil, gas petroleum or other hydrocarbon substances, or other
minerals or water into or in any portion of said land lying above a plane parallel to and 500 feet vertically
below the surface of said land."
A.P.No.: 257-190-056
TRACT If:
REAL PROPERTY in the City of Moraga,County of Contra Costa, State of California, described as follows:
First American Title
ALTA Plain Language Commitment Commitment No. 775742
Page 8
Portion of the Ranch Laguna De Los Palos Colorados, described as follows:
Beginning on the North line of Rheem Boulevard as described in the Deed from the Moraga Company, et
at, to Contra Costa County, recorded May 9, 1947 in Volume 1110 of Official Records, at Page 139, at the
East line of the parcel of land described in the Deed from Thomas P. Carroll, et ux, to Donald L. Rheem,
et ux, recorded April 18, 1951 in Volume 1749 of Official Records, at Page 269; thence from said point
of beginning North 40 11'24"West, 180.41 feet; thence North 740 04'56"West, 116.74 feet; thence South
150 55' 04" West, 150 feet to the North line of said Rheem Boulevard, thence along said North line
southeasterly along the arc of a curve to the right with a radius of 630 feet, the center of which bears
South 150 55' 04"West, an arc distance of 91.22 feet and South 650 47' 09" East, 88.78 feet to the point
of beginning.
A.P.No.: 255-020-003
TRACT III:
REAL PROPERTY in the City of Orinda, County of Contra Costa, State of California, described as follows:
Portion of Lot 1, as designated on the Map entitled "Map of the Rancho EI Sobrante accompanying and
forming a part of the Final Report of the Referees in Partition of said Rancho", which Map was filed in the
Office of the Recorder of the County of Contra Costa, State of California, on March 14, 1910, described
as follows:
Beginning on the West line of the County Road known as Honey Hill Road at the South line of the 9.06
acre parcel of land described in the Deed from East Bay Municipal Utility District to the Protestant
Episcopal Bishop of California dated December 14, 1951 and recorded January 10, 1952 in Volume 1876
4f Official Records, at Page 351; thence from said point of beginning North 70 39' 30" West along said
West line, 97.3 feet to the South line of the County Road known as Via Las Cruces: thence along said
South line, northwesterly along the arc of a curve to the left with a radius of 20 feet, tangent to the last
course an arc distance of 36.55 feet and South 670 39'West,tangent to said curve, 182.4 feet to a 1" iron
pipe; thence South 220 45' East 156.6 feet to an angle point in the South line of said 9.06 acre parcel
(1876 OR 351)thence along said south line as follows: North 710 16' 30" East 26.1 feet to a 2"iron pipe;
North 440 01' 30" East, 20.5 feet to a 2" iron pipe; North 240 35' 30" East, 38.7 feet to a 2" iron pipe and
North 650 08' 30" East, 102.5 feet to the point of beginning.
EXCEPTING THEREFROM:
"An undivided one half(112)interest in and to all minerals, oil, other hydrocarbons, gas and all associated
substances existing In or on said real property", as reserved In the Deed from East Bay Municipal Utility
District to The Protestant Episcopal Bishop of California, dated December 14, 1951 and recorded January
10, 1952 in Volume 1876 of Official Records, at Page 351.
ALSO EXCEPTING THEREFROM:
That portion dedicated by Contra Costa County to Contra Costa County for County Highway purposes as
described in the Resolution recorded March 2, 1956, Book 2718, Page 119, Official Records.
A.P.No.: 260-120-014
TRACT IV:
REAL PROPERTY in the City of Orinda, County of Contra Costa, State of California, described as follows.
First American Title
ALTA Plain Language Commitment Commitment No. 775742
Page 9
Beginning at the most eastern comer of Lot 10, at a point on the southwestern line of Moraga Highway
as the said Lot and Highway are shown on that certain Map entitled "Moraga Woodlands, Contra Costa
County, California etc., filed November 10, 1936, in Volume 22 of Maps, at Pages 632, 633 and 634,
Contra Costa County Records; thence running along said southwestern line of Moraga Highway, South
61°43' 30" East, 44.49 feet;thence leaving said southwestern line North 280 16' 30" East, 20 feet; thence
North 610 43' 30"West, 71.29 feet to the actual point of commencement of this description: thence from
said actual point of commencement North 610 43' 30" West, 298.59 feet; thence North 280 16' 30" East,
105 feet; thence northeasterly and tangent to said last mentioned.course along the arc of a circle to the
left, with a radius of 200 feet a distance of 39.56 feet; thence tangent to said mentioned circle, North 160
56' 30" East, 154.63 feet; thence South 530 45' East, 331.26 feet; thence South 27' 10' 13" West, 250
feet to the point of commencement.
Being a portion of Lot 156 as the said Lot is delineated and so designated on that certain Map entitled,
"Map of Sectionization of a Part of Rancho Laguna De Los Palos Colorados, Contra Costa County,
California," filed August 8, 1916, in Book 15 of Maps, at Page 308, Contra Costa County Records.
EXCEPTING THEREFROM:
That portion described in the Deed from the Moraga Company, a corporation to Contra Costa County
recorded May 13, 1952, Book 1931, Page 539, Official Records.
A.P.No.: 270-301-012
TRACT V:
REAL PROPERTY in the City of Orinda, County of Contra Costa, State of California, described as follows:
PARCEL ONE:
Portion of Lot 1, as shown on the Map of EI Sobrante, filed March 14, 1910, in the Office of the County
Recorder of Contra Costa County, described as follows:
Commencing at a point on the southwestern line of Orinda Way, designated as Station "A" in Parcel 1 of
the Deed to Robert H. Bolman, et al, recorded July 27, 1954 in Book 2355 of Official Records, Page 7
(37919); thence along the northwestern line of said land designated as Parcel i in said Deed (37919), as
follows: From a tangent which bears South 300 12' i 7" West, on the arc of a curve to the left having a
radius of 50 feet, through a central angle of 53" 31' 33" a distance of 46.71 feet; on the arc of a reverse
curve having a radius of 75 feet, through a central angle of 270 42, a distance of 36.26 feet; tangent to
said curve South 210 25' 50"West, 92.09 feet; and South 430 44' 10" East, 15.63 feet to the actual point
of beginning; running thence North 430 44' 10"West, 15.63 feet to said northwestern line firstly mentioned;
thence along the last named line, North 21°25' 50" East, 92.09 feet; thence on the arc of a tangent curve
to the left having a radius of 75 feet, through a central angle of 270 42', a distance of 36.26 feet; thence
on the arc of a reverse curve having a radius of 50 feet through a central angle of 530 31' 33", a distance
of 46.71 feet to said southwestern line of Orinda Way; thence along the last named line, South 4211 40'
441" East (said bearings used for the purpose of this description), 99.12 feet, more or less, to a line drawn
North 4711 19' 19"East from the actual point of beginning; and thence South 47° 19' 19"West, 150.35 feet,
more or less, to the actual point of beginning.
EXCEPTING THEREFROM:
An undivided 112 interest in and to all minerals, oil, other hydrocarbons,gas and all associated substances
existing in or on said real property, as reserved in the Deed from East Bay Municipal Utility District, a
corporation, to Robert H. Bolman, et al, dated June 29, 1954, recorded July 27, 1954, in Book 2355 of
First American Title
ALTA Plain Language Commitment Commitment No. 775742
Page 10
Official Records, Page 7.
PARCEL TWO:
Portion of Lot 1, as shown on the Map of El Sobrante, filed March 14, 1910, in the Office of the County
Recorder of Contra Costa County, described as follows:
Commencing to a point on the southwestern line of Orinda Way, designated as Station "A" in Parcel 1 of
the Deed to Robert H. Bolman, at al, recorded July 27, 1954, in Book 2355 of Official Records, Page 7,
37919; thence along the northwestern line of said land designated as Parcel 1 in said Deed, 37919, as
follows: From a tangent which bears South 300 12' 17" West, on the arc of a curve to the left having a
radius of 50 feet, through a central angle of 5311 31' 33" a distance of 46.71 feet; on the arc of a reverse
curve having a radius of 75 feet, through a central angle of 270 42' a distance of 36.26 feet; tangent to
said curve, South 21° 25' 50"West, 92.09 feet; and South 430 44' 10" East, 15.63 feet to the actual point
of beginning; running thence South 4311 44' 10" East, 25.74 feet; thence North 46° 15' 50" East, 5 feet;
thence South 4311 44' 10" East,44.37 feet; thence North 47" 19' 19" East, 144.06 feet to the southwestern
line of Orinda Way, also being the northeastern line of said Bolman Parcel, 2355 OR 7; thence along the
last named line, North 420 40'41"West, 70 feet to the most eastern comer of the parcel of land described
In the Deed from G.B.&B. Company to Contra Costa County, recorded November 18, 1966 in Book 5247
of Official Records, Page 341; thence along the southeasterly line of said County Parcel (5247 OR 341)
South 4711 19' 19"West, 150.35 feet, ore or less, to the actual point of beginning.
EXCEPTING THEREFROM:
An undivided 1/2 interest in and to all minerals, oil, other hydrocarbons,gas and all associated substances
existing in or on said real property, as reserved in the Deed from East Bay Municipal Utility District, a
corporation, to Robert H. Bolman, at al, dated June 29, 1954, recorded July 27, 1954, in Book 2355 of
Official Records, Page 7.
PARCEL THREE:
A non-exclusive easement and right of way for vehicular driveway appurtenant to Parcel Two hereinabove,
over the strip of land 5 feet in width, right angle measurements, lying southwesterly of and adjacent to the
course designated as"North 430 44' 10"West, 44.37 feet". This easement is under the stairs at the East
end of a proposed building and is Intended to provide back-up space for adjacent parking. It may be
described on one side as 44.37 feet long bearing North 430 44' 10"West and is 5 feet wide.
PARCEL FOUR:
A non-exclusive easement and right of way of a minimum width of 12 1/2 feet, for the purpose of access
appurtenant to the southwesterly 20 feet of the southeasterly tine of Parcel Two hereinabove, said
southeasterly line is(designated as"South 47' 19' 19"West, 144.06 feet"therein, over and across the land
described in a Deed to Robert H. Bolman, et ux, recorded February 7, 1966, 5052 OR 129, adjacent to
and southeasterly of Parcel Two above for addition ingress to and egress from said Orinda Way. This
easement is a floating easement intended to provide a 25 ft. driveway across to the West end of Parcel
Two above and is to,extend across a proposed parking lot from Orinda Way. Said easement may be fixed
otherwise designated By the Owners of such adjacent land to be over driveway entrances and roadway
in the parking lot to be constructed thereon.
A.P.No.: 265-170-036
First American Title