HomeMy WebLinkAboutMINUTES - 06221993 - 1.15 • i .
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 22, 1993
SUBJECT: WILLOW ROAD WIDENING PROJECT - RODEO AREA
Project No.: 0662-6R4272 Task: ACO Account: 3540
SPECIFIC (S) OR RECOMMENDATION(S) & BACKGROUND Mb JUSTIF1 ATI
I. Recommended Action:
A. APPROVE Right of Way Contract and ACCEPT Grant Deed dated March 3, 1993, from
Ruth Claeys and David Claeys.
B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of
the County.
C. APPROVE payment of $28,150.00 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to Old Republic Title Company, 659
Main Street, Martinez, CA., 94553, Escrow. No. 146552 to be forwarded to the Real
Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded
in the office of the County Recorder.
II. Financiallmpact:
Payment of $28,150.00 which are 100% reimbursable from T.S.M. and Rodeo Area of Benefit
funds.
111. Reasons for Recommendations and Background:
These property rights are required for the Willow Road Widening project in accordance with the
approved plans and specifications.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUN 2 2 1993 APPROVED AS RECOMMENDED_.X -
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
GK:glo
c:BCMcAS
Orig. Div: Public Works (R/P) i hereby certify that this(is a fire and correct copy of
Contac#' GUS Kramer (313-2225) an action taken and entered on the minutes of the
CC' COU AT
Administrator
Board of
Supervisors on the date shown.
TESTED: `��iN 2 2 1993
>Auditor-Controller (via R/P) PHIL BATCHELOR,Cierk of the Board
P. W. Accounting of Supervisors and County Administrator
Recorder (via R/P)
IN
F, JUN 15 '93 13:50 MCCUTCHEN W/C 510 975 5390 P.2
t
Recorded at the request of:
Contra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez''CA 9
Attention: Gus Kramer
Portion of Assessor's Parcel No. 357.274.043 & 44
357-120-011, 006
Title Co. Order No. 146-552-MA
GRANT DEED
For Value Received, RUTH CLAEYS and DAVID CLAEYS, as co-executors of the Estate
of Unus Claeys, deceased and RUTH CLAEYS and DAVID CLAEYS, individually,
GRANT to
CONTRA COSTA COUNTY, a political subdivision of the State of California,
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.
This Deed is executed pursuant to authority granted under the Independent Administra-
tion of Estates Act under which the above-named executors are authorized to act,
Date JI - J - 9 A-V
RUth Claeys,Co-Executo f the Estate of
- Unus Claeys, and Individually
f
David Claeys, Co-Executor the Estate
` of Linus Claeys, and Indivi66aliy
ATTACH APPROPRIATE ACKNOWLEDGMENT
OK:gb
JUN 15 '93 13:51 MCCUTCHEN W/C 510 975 5390 P.3
[ALL-PURPOSE ACKNOWLEDGMENT]
STATE OF CALIFORNIA )
S8
COUNTY OF Centra Costa )
On this 3rd day of March in the year 1993 , before
me Terry z Tigh a notary public in,,—and for
said county. and state, personally appeared David Claeys
9 personally inown to me OR O proved to me on the basis at
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(i$s) , 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.
IN WITNESS WHEREOF, I have hereunto set my, hand and
official seal the day and year first alcove written. ,
OPFiC1Al,$FAL
TERRY L TIGH
NOTARY PUBLIGfiALiFORNIA
PRINCIPAL OFFICE IN S i at a o£' No ar
CONTRA COSTA COUNTY � Y
Iky CGntnission Expires JWy 22,1994
(OPTIONAL INFORMATION BELOW)
CAPACITY CLAIMED BY SIGNER SIGNER Is REPRESENTING:
NAME OF PERSON($) OR ENTITY(IES)
❑ Individual
❑ Cdrporate
a Officer(s)
0 Partner(s)
❑ Attorney-in-Fact
o Trustee(s)
❑ subscribing Witness
❑ Guardian/Conservator
a Other:
Title of Type of
Document
Number of pages Date of Document
Signer(s) Other Than Named Above
26611
JUN 15 193 13:51 MCCUTCHEN W/C 510 975 5390 P.4
[ALL-PURPOSE ACKNOWLEDGMENT)
STATE OF CALIFORNIA )
) SS
COUNTY OF Contra Costa )
On this , 3rd day of March in the year 1993, before
me _ Terry L. Tiah a notary public in and for
said county and state, personally appeared Ruth riaeys
9 personally known to me OR C3proved 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,
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year first above written.
V-PI0AL SEAL
Ani TERRY L.TIGH -
No7AAY PUBLI"ALIFORNIA
PRSNCIPALOPPICHIN Signat re of NO ary
CONTRA COSTA COUNTY
MY r4M'h1SSion EXPINS July 22.1994
[OPTIONAL INFORMATION BELOW] '
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
NAME OF FERSON(S) OR ENTITY(IES)
o Individual
0 Corporate
o Officer(s)
o Partner(s)
o Attorney-in-Fact
a Trustee(s)
D Subscribing Witness
❑ Guardian/Conservator ,
a Other:
Title of Type of
Document
Humber of Pages Date of Document
Signer(s) Other Than Named Above
2661I
JUN 15 '93 13:51 MCCUTCHEN W/C 510 975 5390 P.5
January 1992
WO #4272
Willow, Parker San Pablo Improvements
Claeys to C.C.C.
Road NO. 1881 (Willow Road)
EXHIBIT "A"
PARCEL ONE
A portion of the Rancho EI Pinole, Contra Costa County, California, described as follows:
Commencing at the point of intersection between the south line of Seventh Street with the scutherly
extension of the easterly line of Parker Avenue, as said Seventh Street and Parker Avenue are
shown on the map entitled "Map of the Town of Rodeo"filed February 5, 1892, in Book D of Maps
at page 92, records of said county, thence north 66°28'54"east 4.47 feet to the Point of Beginning;
thence from said Point of Beginning along the southerly line of said Seventh Street north 66`28'54"
east 20.56 feet to a point of cusp on a tangent curve, concave to the southeast, having a radius of
20.00 feet; thence southwesterly along said curve, through a central angle of 81°17'11" an arc
distance of 28.37 feet to a compound curve, concave to the east, having a radius of 1756.00 feet;
thence southerly along said curve, through a central angle of 5°31'30", an arc distance at 169.33
feet;thence tangent to said curve south 20'19'47" east 92.55 feet; thence north 69040'13" east 5.00
feet;thence south 20°1947"east 224.98 feet; thence south 20°54'54"east 149.63 feet; thence south
69°05'06"west 5.00 feet; thence south 20°54'54" east 530.24 feet to a tangent curve, concave to the
east, having a radius of 1756.00 feet; thence southerly along said curve through a central angle of
5"12'51", an arc distance of 159.80 feet; thence north 63°52'17" east 5.00 feet to a non-tangent
curve, concave to the northeast, having a radius of 20.00 feet; thence southerly along said curve
through a central angle of 84°02'1 T', an arc distance 29.33 feet to a point of cusp on the northerly
right of way line of Hawthorne Road;thence along said right of way line south 69°50'00"west 18.62
feet to a tangent curve, concave to the northeast, having a radius of 20.00 feet; thence
northwesterly along said curve, through a central angle of 85°14'32" an arc distance of 29.76 feet
to a compound curve, concave to the east, having a radius of 957.50 feet; thence northerly along
said curve,through a central angle of 4°09'16", an arc distance of 69.43 feet;thence tangent to said
curve north 20°46'12"west 1011.62 feet to a tangent curve concave to the east, having a radius cf
2000.00 feet;thence northerly along said curve,through a central angle of 7°29'39", an arc distance
of 261.60 feet to the Point of Beginning.
Containing an area of 12,705 square feet (0.2917 acres) of land more or less.
Bearings and distances are based on the California Coordinate System Zone 3 (C.C.S. 27). To
convert to ground distances multiply distances shown by 1.0000688.
RZ:jlg
clex:rnchpin.cly
6125192
JUN 15 '93 13:52 MCCUTCHEN W/C 510 975 5390 P.6
,lune 1992
WO # 4272
Willow, Parker, San Pablo Improvements
Claeys to C.C.C.
Road 7#11881 (Willow Road)
EXHIBIT "A"
PARCEL TWO
A portion of the Rancho E1 Pinole, Contra Costa County, California, described as follows:
Beginning at the southeasterly terminus of that certain course as north 37°47'04" west 433.71 feet
as described in the deed to Contra Costa County, recorded January 5, 1960 in Book 3528 of Official
Records at page 218, thence from said Point of Beginning along a tangent curve, concave to the
northeast, to which a radial bears north 52°12'56" east, having a radius of 957.50 feet; thence
northwesterly along said curve, through a central angle of 614116", an arc distance of 111.76 feet
to a compound curve, concave to the east, having a radius of 20.00 feet; thence northwesterly,
northerly, northeasterly, along said curve through a central angle of 100055'48" an arc distance of
35.23 feet; thence tangent to last said curve north 69°50'00° east 18.24 feet to a point of cusp on
a tangent curve, concave to the east having a radius of 20.00 feet; thence;southwesterly, southerly,
southeasterly along said curve, through a central angle of 99°18'01", an arc distance of 34.66 feet;
thence south 60°31'59" west 5.00 feet to the beginning of a non-tangent curve, concave to the
northeast, having a radius of 1756-00 feet;thence southeasterly along said curve, through a central
angle of 601913", an arc distance of 193.61 feet; thence non-tangent to last said curve south
37°58'58" west 1.68 feet; thence north 37°58'04" west 85.96 feet to the Point of Beginning.
Containing an area of 1,894 square feet (0.0435 acres) of land more or less.
Bearings and distances are based on the California Coordinate System Zone 3 (C.C.S. 27). To
convert to ground distances multiply distances.shown by 1.0000688.
Milo
c\ex:wilpark.cly
6/26192
JUN 15 '93 13:53 MCCUTCHEN W/C 510 975 5390 P.7
January 1992
WO #4272
Willow, Parker, San Pablo Improvements
Claeys to C.C.C.
Road #1881 (Willow Road)
EkHIBiT"A"
TEMPORARY CONSTRUCTION EASEME=NT
A portion of the Rancho EI Pinole, Contra Costa County, California, described as follows:
Beginning at the northerly terminus of that certain course shown as north 20°46'12"west 730.01 feet
as described in the deed to Contra Costa County recorded January 5, 1960 in Boole 3528 of Official
Records at page 218; thence from said Point of Beginning south 2004612" east 20.00 feet; thence
south 69013'48"west 25.00 feet; thence north 20°48'12"west 20.00 feet to a tangent curve, concave
to the south, having a radius of 25.00 feet;thence northwesterly, westerly and southwesterly along
said curve, through a central angle of 13901012", an arc distance of 60.72 feet to a reverse curve,
concave to the northwest, having a radius of 924,94 feet, to which a radial bears north 6905629"
west; thence southwesterly along said curve, through a central angle of;11°25'54" an arc distance
of 184.54 feet; thence non-tangent to said curve north 37°47'04" west 26.78 feet to a non-tangent
curve, concave to the northwest, having a radius of 899.94 feet, to which a radial bears north
59006'42"west; thence northeasterly along said curve, through a central angle of 10°49'42", an arc
distance of 170.08 feet to a reverse curve, concave to the south, having a radius of 50.00 feet;
thence northeasterly, easterly and southeasterly along said curve, through a central angle of
139010121, an arc distance of 121.45 feet to the Point of Beginning.
Containing an area of 7,210 square feet (0.160^ acres) of land more or less.
Bearings and distances are based on the California Coordinate System Zone 3 (C.C.S. 27). To
convert to ground distances multiply distances shown by 1.0000688.
RZ,JIg ,
c1ex:RPinole.tmp
1/21/92
S
TEMPORARY CONSTRUCTION PERMIT
August 1 , 1992
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive Project Name: Willow JwA77
Martinez, CA 94553 Project Number : W.O, 4272
Effective on the date of this permit and in consideration of
the agreement of the County of Contra Costa ( "County" ) to pay
the sum of $27, 500 to the undersigned as compensation for the
taking of Parcels One and Two and the Temporary Construction
Easement described below, permission is hereby granted to
Contra Costa County, its contractors and their ±,authorized
agents, to enter and bring the necessary workers , tools and
equipment on the property of the undersigned described on the
attached maps as Parcels One and Two and Temporary Construction
Easement, for the purpose of the road widening ,of Willow Road,
Rodeo .
The undersigned agree to accept the consideration set forth in
this permit as full and complete compensation for the taking of
Parcels One and Two and the Temporary Construction Easement and
the construction of the Willow Avenue improvements as shown on
the plans previously given to David Claeys by the County' s
agent .
As to the parcel described on the attached map "as "Temporary
Construction Easement" (hereafter sometimes referred to as "the
premises" ) , this permission to enter shall be construed as a
temporary easement for the purposes. set forth above which shall
terminate six months from the date of this permit .
As to Parcel One and Parcel Two as shown on the attached map,
this permit shall authorize the taking of early possession of
those parcels which the County intends to acquire from the
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undersigned. In any proceeding in eminent domain or inverse
.condemnation to establish the compensation to be paid for the
taking of Parcels One and Two, the date of this permit shall be .
conclusively presumed to be the date on which County took
possession of said Parcels . Interest on the compensation
awarded to the undersigned, whether by negotiated settlement or
judicial proceeding, shall be calculated pursuant to sections
1268 .310 - 1268 .360 of the Code of Civil Procedure, shall
commence on the date of this permit and shall be paid to the
undersigned.
It is understood and agreed that Contra Costa County will leave
the premises in a clean and orderly condition and will repair,
replace, or compensate for any existing improvements that may
have been disturbed or removed during the course of the work
and further that the premises shall be restored., • as near as
practicable, to .the condition which exists at the time of entry
by the County or its agents pursuant to this permit .
Specifically, neither County nor its agents shall discharge,
deposit, spill or leave on the premises any haz'''ardous
substance, hydrocarbon ( including fuel, oil , asphalt or similar
substances) , or other substance which would create any
liability of the undersigned under local, state' or federal law;
and if such occurs, County shall promptly remove, or cause to
be removed, all such substances in accordance with all
applicable laws and regulations and indemnify the undersigned
against all damage and liability arising therefrom.
As further consideration for this Permit, Contra Costa County
further agrees to remove the asphalt scraps previously
deposited on the undersigned' s property, in an area
approximately 15 feet in diameter east of Willow Avenue and
south of Hawthorne Street .
It is further understood and agreed that the Temporary
Construction Easement shall remain in force and effect only
until the completion of construction and that all rights .
thereunder shall cease when said work has been completed.
This temporary construction permit and all rights granted by it
are conditioned upon acceptance of its terms by County and
payment of the agreed consideration. This permit shall be
effective only after satisfaction of these conditions and after
it has been executed on behalf of the County. If payment of
the agreed consideration is made on or before August 15, 1992,
the undersigned waive their right to interest . ''
2
Payment shall be made by two checks, in equal amounts, one
payable to each undersigned.
Very truly yours,
ESTATE OF LINUS CLAEYS
By
DOW Claeys, Individu lly
RECOMMENDED FOR APPROVAL: , and as Executor and # eficiary
By �� ac
Real Property Agent RUth Claeys, Indivi ally.
and as Executor and Beneficiary
ACCEPTED and AGREED:
CONTRA COSTA COUNTY
Public Works Department
By
blic W s Di ctor
Date:-
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