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HomeMy WebLinkAboutMINUTES - 03091993 - 1.12 1, r2 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: March 9, 1993 SUBJECT: Drainage Area 56 Line Z Channel, Oakley Area Project No.: 7566-6D8443 SPECIFIC REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION 1. Recommended Action: AUTHORIZE the Board Chair to execute a quitclaim deed from the District to John C. Slatten, et al., for property rights no longer required for the construction of the Line Z channel. II. Financial Impact: None. III. Reasons for Recommendations: The District no longer requires these property rights. The legal description for the temporary right of way area that was used for the Drainage Area 56 condemnation action had an error and must be corrected in order to clear title on this property. IV. Back round: Temporary right of way on the Slatten's property was required for the construction of the Line Z channel. The District acquired the needed area through condemnation. It was later discovered that the legal description did not indicate an expiration date for these temporary rights and has thereby created a cloud on the Slatten's title to their remaining property. V. Consequences of Negative Action: The error in the legal description will create a title problem for the current property owners when they decide to sell this property. Continued on Attachment: SIGNATURE:_____1� RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON �)za ck y q3 APPROVED AS RECOMMENDED _ OTHER_ VOTE OF SUPERVISORS I� UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: to c:siatten I :cre.)y cen;y that this is a true ano u, an action taken and entered on th^ .-.:r.;tes A the Orig. DIV: Public Works (R/P) Board of Superv"s on the date shov.n Contact: Lucy Owens 313-2229 ATTESTED: CX cc: County Administrator PHIL BATCHELOR,Clerk of:nc �3oar` d �. of Supervisors and County Administrator P.W. Accounting Recorder (via R/P) BY �� Deputy Recorded at the request of: Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 After recording return to: John C. Slatten, et al. 3336 Fontana Place Antioch, CA 94509 Assessor's Parcel No. 054-230-028 QUITCLAIM DEED For a 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 JOHN C. SLATTEN, CAROL SLATTEN, THOMAS R. SLATTEN and JEANETTE A. SLATTEN the following described real property in the 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 FLOOD CONTROL AND WATER CONSERVATION DISTRICT Dated March 9, 1993 By_� ( Ow Chair, Board of Supervisors STATE OF CALIFORNIA ) ACKNOWLEDGEMENT CONTRA COSTA COUNTY )`° BY PUBLIC ENTITY Tom Torlakson (C.C. 1181,1188.1189) who is personalty 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 histhedtheir authorized capacity(iies), and that by his/herrtheir signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the knstrument. Dated March 9. 1993 Phil Batchelor,Clerk of the Board of Supervisors and County Administrator B Y Dep* c:DE4slat February 17, 1993 DA 56 - Line Z Lindsey Channel WO 8443 Parcel 1566T Ptns. APN 054-230-028 Exhibit "A" A portion of PARCEL 1 granted to,John C. Slatten, et al. recorded December 15, 1972 in Volume 6822 of Official Records at page 274, records of Contra Costa County, California. Bearings are based on the California Coordinate System Zone Ili (C.C.S. 27) as shown on the map entitled "A Precise Alignment of the Streets and Highways Plan, Contra Costa County, Lone Tree Way" recorded September 13, 1968 in Volume 5708 of Official Records at page 456. Parcel 1566T Commencing at the east quarter corner of Section 3, Township 1 North, Range 2 East, Mount Diablo Meridian; thence along the south line of the northeast quarter of Section 3, north 88' 58' 23" west 1 ,414.60 feet, to the southerly prolongation of the west line of said Slatten PARCEL 1 ; thence along said prolongation and west line, north 01 ' 01 ' 37" east 614.20 feet, thence from the Point of Beginning along the west line of said Slatten PARCEL 1 , south 01 ' 01' 37" west 32.96 feet, to a point on the arc of a nontangent curve concave to the northwest having a radius of 555.00 feet (a radial to said point bears south 50' 14' 58" east); thence along said arc, northeasterly 102.77 feet, through a central angle of 10' 36' 36"; thence along a radial, north 60' 51' 34" west 5.00 feet, to the arc of a concentric curve having a radius of 550.00 feet; thence along the arc of said concentric curve, northeasterly 12.11 feet, through a central angle of 01' 15' 42"; thence tangent to said curve, north 27' 52' 44" east 142.40 feet, to the south line of Ronald E. Nunn PARCEL ONE recorded May 22, 1984 in Volume 11800 of Official Records at page 352; thence along said south line, north 88' 56' 58" west 22.41 feet, to the southeast line of said Parcel 1566; thence along said southeast line the following courses: 1) south 27' 52' 44" west 132.29 feet to the arc of a tangent curve, concave to the northwest having a radius of 530.00 feet; 2) thence along said arc, southwesterly 32.87 feet, through a central angle of 03' 33' 12"; 3) thence along a radial, south 58' 34' 04" east 5.00 feet, to the arc of a concentric curve having a radius of 535.00 feet; 4) thence along the arc of said concentric curve, southwesterly 51 .95 feet, through a central angle of 05' 33' 49:, to the Point of Beginning. Containing an area of 4,855 square feet of land, more or less. to 2.16.93 lindsey