HomeMy WebLinkAboutMINUTES - 06211994 - 1.2 TO: BOARD OF SUPERVISORS
' FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 21, 1994
SUBJECT: BICYCLE/PEDESTRIAN FEEDER TRAIL - BAY POINT AREA
Project No.: 0662-6R4137 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 June 1, 1994 from
Ethel M. Bristol.
B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the
County.
C. APPROVE payment of$1,200 for said property rights and AUTHORIZE the Auditor-Controller
to issue a check in said amount payable to Ethel M. Bristol, 110 Butte Court, Bay Point, CA.,
94565, 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. Financiallmpact:
Payment of $1,200 from Transportation Development Act funds.
III. Reasons for Recommendations and Background:
These property rights are required for the Bicycle/Pedestrian Feeder Trail 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): i
ACTION OF BOARD ON ,SUN 2 11994 APPROVED AS RECOMMENDED Y OTHER
VO�T�F SUPERVISORS
f/ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
KAM:& Iherftaertt Mat this Is atrueandconee oMot
c:B0221.t6 an action talo and entered on the mid of be
Award of- 1�' 1
Ori Div: Public Works R/P A'r1�NTC, '
g• ( ) o,�,�pen►Isora and pc:o�ungr'`�ler
Contact: Karen A. McNamer (313-2228)
cc: County Administrator By ;LAt Ir Duh
Auditor-Controller (via R/P)
P. W. Accounting
Recorder (via R/P)
Recorded at the request of:
Contra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division Co n
255 Glacier Drive
Martinez, CA 94553
Attention: Karen A. McNamer
Portion of Assessor's Parcel No. 098-351-002
GRANT OF RECREATIONAL TRAIL EASEMENT
THIS INDENTURE, made by and between ETHEL M. BRISTOL, surviving joint tenant, hereinafter
called the GRANTOR, and Contra Costa County, a political subdivision of the State of California.
RECITALS
A. Grantor owns certain real property located in the County of Contra Costa, State of California (the
"Real Property").
B. County desires to acquire from Grantor a perpetual, exclusive easement and right-of-way in,
under, along and across over that portion of the Real Property more particularly described in Exhibit
"A" attached hereto and made a part hereof (the "Easement Parcel"), for the purposes and uses and
upon the terms and conditions hereinafter set forth.
AGREEMENT
1. Grantor, for a good and valuable consideration, the receipt and sufficiency whereof are
hereby acknowledged, hereby grants to County and its successors and assigns a perpetual, exclusive
easement in gross and right-of-way (the "Easement") for the purpose of entering upon and traversing
upon the Easement Parcel for the purpose of constructing, reconstructing, operating, and maintaining
a recreational trail to be used by the general public for hiking, bicycling and equestrian use and other
related uses. Said Easement to include, but not limited to, the right to construct and maintain fences
and gates or other control structures along the route of said Easement, but shall exclude the use of
motorized vehicles except as may be required in the original construction or reconstruction and from
time to time thereafter to police, inspect and maintain the Easement Parcel. Said easement shall also
include the right to place appropriate signs within the Easement for the benefit of the general public.
Grantor acknowledges that the general public shall have use of said trail.
2. Grantor and Grantor's heirs, successors and assigns shall not place or permit to be
placed on the Easement Parcel any building or structure, nor do nor allow to be done anything which
may interfere with the full enjoyment by County and the general public of the rights herein granted.
Any conveyance by Grantor or any of Grantor's successors or assigns of fee simple title to the
Easement Parcel or any part thereof shall expressly provide that it is subject to the rights herein
granted to County, and to all of the conditions of this Agreement.
3. To have and to hold, all and singular, the rights above-described unto County and the
County's successors and assigns forever.
IN WITNESS WHEREOF, the parties have executed this Agreement this /, s; day of , 199
ETHEL M. BRISTOL'
a
KAM:kd
C:GRTBrist.t5
Bay Point Feeder Trail
Riverside Dr. to E.B.M.U.D. R/W
Parcel 2 - Bristol
Drawing # M297-94
EXHIBIT "A"
PARCEL 2: (Trail Easement)
Real property in an unincorporated area of Contra Costa County, California, being a portion of Lot
2 as shown on the map of Subdivision 4362 filed November 8, 1973, in book 164 of Maps at page
41, records of said County, described as follows:
Commencing at the northwest corner of said Lot 2 (164 M 41); thence along the northerly line of
Lot 2, south 89046'00" east 18.00 feet to the Point of Beginning; thence from the Point of Beginning
continuing along the northerly line of Lot 2, south 89146'00" east 35.00 feet; thence leaving the
northerly line of Lot 2, south 7°28'40" west 62.98 feet to a point on the southerly line of said Lot 2
(164 M 41); thence along said southerly line, south 81°49'57' west 36.03 feet; thence leaving the
southerly line of Lot 2, north 7°27'09" east 68.28 feet to the Point of Beginning.
Containing an area of 2,278 square feet of land, more or less.
Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 27).
Multiply given distances by 1.0000580 to obtain ground distances.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Sip OND 3U,9
Signature:
Licensed Land Surveyor Exp U-31:06
Contra Costa County Public Works No.5999
JH:mg �l�IFOF CAUL°��\P
c\ex:baypnt2.t2
2/16/94
1