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Home My WebLink AboutMINUTES - 06281994 - 1.5 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JUNE 28, 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 Contracts and ACCEPT Grants of Easement listed below: GRANTOR DOCUMENT DATE PAYEE AMOUNT Gregory A. Brown Grant of Easement 6/14/94 Gregory A. Brown $ 800.00 Elinda A. Brown Elinda A. Brown Damian L. Brown Grant of Easement 6/14/94 Damian L. Brown $1,600.00 Sandra L. Brown Michael J. Marshall, Sr. Maria L. MarshalJ B. AUTHORIZE Public Works Director to execute said Right of Way Contracts on behalf of the County. Continued on Attachment: X SIGNATURE: ^k _ RECOMMENDATION OF COUNTY S RA OR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUN Z 8 1994 APPROVEDS RECOMMENDED OTHER VOTE OF SUPERVISORS _J/_ UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: Orig. Div: Public Works (R/P) thenebVCe"t1WthisfsatrueandCorrectcopyof an action taken and entered on the minutes p1 the Contact: Karen McNamer (313-2228) Board ofsup�y�qm shown. cc: County Administrator gTTESTEp:s111N Auditor-Controller (via R/P) FAL BATT HEMOR Clerk of the goat' P. W. Accounting of-+penrisors and 6+nh Administ Recorder(via R/P) Ja , By � ..,fw KAM:gIo c:B0428b.t6 Bicycle/Pedestrian Trail - Bay Point Area Juni 28, 1994 Page Two C. APPROVE payment as listed above for said property rights and AUTHORIZE the Auditor-Controller to issue checks in said amounts payable to the listed payees, to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grants of Easement recorded in the office of the County Recorder. II. Financiallmpact: Payment totalling $2,400 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 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. 4 Recorded at the request of: I �� Contra Costa County 0 Return to: Contra Costa County Public Works Department Real Property Division C O 255 Glacier Drive Martinez, CA 94553 Attention: Karen A. McNamer Portion of Assessor's Parcel No. 098-351-005 GRANT OF RECREATIONAL TRAIL EASEMENT THIS INDENTURE, made by and between DAMI'AN L. BROWN and SANDRA L. BROWN, husband and wife, and MICHAEL J. MARSHALL, Sr. and MARIA L. MARSHALL, husband and wife, hereinafter called the GRANTOR, and Contra Costa County, a political subdivision of the State of California. i RECITALS i i A. Grantor owns certain real property located in the County of Contra Costa, State of California (the "Real Property"). i 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 i 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. i 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 day of , 199_ ,Damian L. Brown Micha211 hall, Sr. Sa ra L. Brown Maria L. Marshall KAM:kd c:GRTMarsh.t5 Bay Point Feeder Trail Riverside Dr. to E.B.M.U.D. R/W Parcel 5 - Brown Drawing # M297-94 EXHIBIT "A" PARCEL 5: (Trail Easement) Real property in an unincorporated area of Contra Costa County, California, being a portion of Lot 5 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: Beginning at the most westerly corner of said Lot 5 (164 M 41); thence from the Point of Beginning along the northerly line of Lot 5, north 70036'32" east 48.00 feet; thence leaving the northerly line of Lot 5, south 708'27' east 47.60 feet to a point on the southwesterly line of said Lot 5 (164 M 41); thence along the southwesterly line of Lot 5, north 58033'55" west 60.00 feet to the Point of Beginning. Containing an area of 1,116 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. .ANO ZWIy� Fio Signature: Licensed Land Surveyor Contra Costa County Public Works Na 5M g q OF CAL1F�� JH:mg c\ex:baypnt5.t2 2-17-94 1 Recorded at the request of: • ��/ 0 Contra Costa County Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Karen A. McNamer Portion of Assessor's Parcel No. 098-351-001 GRANT OF RECREATIONAL TRAIL EASEMENT THIS INDENTURE, made by and between GREGORY A. BROWN and ELINDA A. BROWN, husband and wife, 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. �C IN WITNESS WHEREOF, the parties have executed this Agreement this l7 day of 199 �TN4.ff Gregory . B wn Elinda A. Brown KAM:kd c:GRTBrown.t5 ` Bay Point Feeder Tra Riverside Dr. to E.B.M.U.D. RN Parcel 1 - Browi Drawing # M297-9 EXHIBIT "A" PARCEL 1:(Traii Easement) Real property in an unincorporated area of Contra Costa County, California, being a portion of Lc 1 as shown on the map of Subdivision 4362 filed November 8, 1973, in Book 164 of Maps at pag 41, records of said County, described as follows: Commencing at the southwest corner of said Lot 1(164 M 41); thence along the westerly line of Lc 1, north 41030'46" east 26.81 feet to the Point of Beginning; thence from the Point of Beginnin continuing along the westerly line of Lot 1, north 41030'46" east 37.50 feet to the northwest cornE of Lot 1, from said point a radial line of a non-tangent curve, concave to the south, having a radiu of 672.00 feet bears south 13052'59" east; thence easterly along the arc of said curve being th northerly line of said Lot 1, through a central angle of 0046'02", a distance of 9.00 feet; thenc leaving the northerly line of Lot 1, non-tangent to said curve, south 1050'23" east 50.50 feet to point on the southerly line of said Lot 1 (164 M 41); thence along said southerly line, north 89046'0( west 35.00 feet; thence leaving said southerly line, north 003828" west 20.15 feet to the Point c Beginning. Containing an area of 1,322 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 descriptions have been prepared by me or under my direction, in conformanc with the Professional Land Surveyors Act. \-AN Q Signature: ,� �1. Zw Licensed Land Surveyor Exp Contra Costa County Public Works �k No. 5999 3- JH:mg sr9l^ 4��P °F cA��E� c\ex:baypnt.t2 ` 2/16/94 1