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HomeMy WebLinkAboutMINUTES - 04191994 - 1.14 TO: BOARD OF SUPERVISORS 6 FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: APRIL 12, 1994 SUBJECT: EMPIRE AVENUE BRIDGE REPLACEMENT - OAKLEY AREA Project No.: 0662-6R4017 Task: ACQ Account: 3540 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated March 10, 1994, from North State Development Company. B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE payment of $250.00 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to North State Development Company, P.O. Box 4113, Concord, Ca., 94524, to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant of Easement recorded in the office of the County Recorder. II. Financial Impact: Payment of $250.00 from Oakley Area of Benefit funds. Ill. Reasons for Recommendations and Background: These property rights are required for the Empire Avenue Bridge Replacement 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: _ WTkTION or COUNTYADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION ARD ON ( q� 9 y� APPROVED RECOMMENDED ) OTHER _ VOTE OF SUPERVISORS X UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: PS:glo c:B0212a.t4 ==and Ce rtii)r that this is a true and correct copy of Orig. Div: Public Works (R/P) an fiction taken and entered on the minutes of the Contact: Pat Smyers (313-2222) Aoa�TED tai on the date shown. 9 9 cc: County Administrator PHIL BATCHEXOR,Clerk of the Board Auditor-Controller (via R/P) of Supendsors Ilind county Administrator P. W. Accounting owuv Recorder (via R/P) Recorded at the request of: O �� Contra Costa County coel Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez CA 94553 Attention: Pat Smyers Assessor's Parcel No. 041-041-028 GRANT OF EASEMENT (TEMPORARY SLOPE EASEMENT) THIS INDENTURE, made by and between NORTH STATE DEVELOPMENT COMPAY, a California General Partnership, hereinafter called the GRANTOR, and CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called the GRANTEE, WITNESSETH : That the GRANTOR, for value received, hereby grants to the GRANTEE and to its successors and assigns a perpetual easement and right of way for the purposes of constructing, reconstructing, removing, replacing, repairing, maintaining, operating and using, as the GRANTEE may see fit, for roadway embankments and slopes and all necessary appliances for use in connection therewith or appurtenant thereto, in, under, along, and across that certain real property in the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION OF THE PREMISES SEE EXHIBIT "A", ATTACHED HERETO TO HAVE AND TO HOLD, all and singular, the rights above described unto the GRANTEE and the GRANTEE's successors and assigns forever. IN WITNESS WHEREOF, the GRANTOR has executed this indenture this 10 T4 day of M/-\tL c4A -fig-2-+ . Date , North State Development Company, a California General Partnership Gen al Partner Ps:glo c:EA4NSD.t1 January 12, 1994 a; Rd. 7871 Empire Avenue Parcel 7A - North State Dev. Co. Ptn. APN 041-041-028 Dwg. RW7871-92 EXHIBIT "A" 1 of 2 PARCEL 7A: (Slope Easement) - Slope Easement to expire when Empire Avenue Road improvements are completed as required by the Conditions of Approval for Final Development Plan of the site. Real property in the southeast quarter of the southeast quarter of Section 27, Township 2 North, Range 2 East, Mount Diablo Meridian, Contra Costa County, California, being a portion of that parcel of land described as PARCEL TWO in the deed to North State Development Company, a California General Partnership, recorded October 13, 1988 in Volume 14650 of Official Records at page 50, described as follows: Commencing in the intersection of Empire Avenue and Laurel Road at the iron pipe marking the southeast comer of Section 27 (T2N, R2E); thence along the east line of Section 27, north 0055'16" east 115.96 feet, to the easterly prolongation of the south line of said PARCEL TWO (14650 O.R. 50); thence along said prolongation and south line as follows: (1) north 89°20'29" west 2283 feet to a curve concave to the north having a radius of 35.00 feet, (2) along the arc of said curve, northwesterly 24.03 feet, through a central angle of 39020'00", and (3) north 50000'29" west 16.68 feet to the Point of Beginning; thence from the Point of Beginning, continuing along the boundary of said PARCEL TWO, north 50000'29" west 14.17 feet, thence leaving the boundary of PARCEL TWO, north 8055'22" east 79.03 feet, to the west line of that parcel described in the Offer of Dedication to Contra Costa County recorded May 14, 1991 in Volume 16591 of Official Records at page 144; thence along said west line, south 0055'16" west 87.19 feet, to the Point of Beginning. Containing an area of 480 square feet (0.011) acre of land, more or less. Bearings are based on the California Coordinate System Zone III (C.C.S. 27). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. �S�p LANO SUS` Signature: \�� zw�,� F� licensed Land Surveyor Contra Costa County Public Works Exp./� No. 5999 Date: _ /— /�� �'� �r�rFOFCAl1F LH:jIg CV5X:P6rce17.NSD 71E/S< EXHIBIT "A" 2 of 2 APR 0*""-028 No�H Sr`ATF D&-00 46w ars 50 USA PARCEL TWO j 460 0916 3-10-38 SLOPERARY EASEMENT ex n c SEC.2'.T 2N.R2E T fpf 1-0442-= vNJ PH - See 'DETAIL' a A Jf Jos E ++ OA 434 for these ©rcefs 978- f l ( V f f 1't 1f' PT '£" sea•s!„2z,,,E .MON.AT K.E. WREL ROAD Ex AYT APN 053-07hW5 C.C.WATER DISTRICT •t 2 V O.R.556 .3 3 -3-92 i STATE OF CALIFORNIA COUNTY OF CONTRA COSTA t't On March 10 , 1994 before me, Linda E. Tones, personally appeared Albert D. Seeno, Tr., 4 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed t<} the same in his authorized capacity, and that by his signature on the instrument the person, or £ the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and o ial seal. LINDA I IONfS . NOTARY PUBLIC.CALIFORNIA CONTRA COSTA COUNTY Si nature IAy Contin.Ev"s lune 14.1994 g tiY r.:k::.}}}.•:.}}xt.::•rx.;>;.:.:;::::.>;;:::::<;<.::a:::o::>:;:::i.}:::::at•:::a::o:c:•:::c:•;:•:•::;.::x:;o::•::a}}.:, ,.fix....#`<••:..