HomeMy WebLinkAboutMINUTES - 07121994 - 1.11 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE JULY 12, 1994
SUBJECT: BICYCLE/PEDESTRIAN FEEDER TRAIL - BAY POINT AREA
Project No.: 0662-6114137 Task: ACQ Account: 3540
SPECIFIC OR RECOMMIENDATION(S)& BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE Right of Way Contract and ACCEPT Grant of Easement dated June 23, 1994 from
Paul W. Womack.
B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the
County.
C. APPROVE payment of $2,900.00 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to Paul W. Womack, P. O. Box 1717,
Diamond Springs, CA .95619, to be forwarded to the Real Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant of Easment
recorded in the office of the County Recorder.
II. Financiallmpac�
Payment of $2,900.00 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: _ r
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON Duty Iz,prAPPROVED AS RECOMMENDED OTHER_
VOT F SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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Orig. Div: Public Works (R/P)
Contact: Karen A. McNamer(313-2228)
cc: County Administrator I hereby certify that this Is a true and correct copy of
Auditor-Controller(via R/P) an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
P. W. Accounting ATTESTED: 1111 '9 9 900.
Recorder(via R/P) PHIL B E f the Board
of Supervisors and my Administrator
By Deputy
Recorded at the request of:
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. 098-351-004
GRANT OF RECREATIONAL TRAIL EASEMENT
THIS INDENTURE, made by and between PAUL W. WOMACK, an unmarried man, 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.
14 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 Agreeme tis,-'t,/L') day of 1,999
Paul W. Womack
KAM:kd Patricia Kammerer
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Bay Point Feeder Tr
Riverside Dr. to E.B.M.U.D. RA
Parcel 4 - Womac
Drawing # M297-�
EXHIBIT "A"
PARCEL 4: (Trail Entrance)
Real property in an unincorporated area of Contra Costa County, California, being a portion of U
4 as shown on the map of Subdivision 4362 filed November 8, 1973, in Book 164 of Maps at pac
41, records of said County, described as follows:
Commencing at the northwest corner of said Lot 4, (164 M 41); thence along the northerly line c
Lot 4, south 86°05'00" east 61.00 feet to the Point of Beginning; thence from the Point of Beginnin
continuing along the northerly line of Lot 4, south 86005'00" east 39.00 feet; thence leaving th
northerly line of Lot 4, south 7°24'56" east 86.48 feet to a point on the southerly line of said Lot
(164 M 41); thence along the southerly line of Lot 4, south 70036'32" west 48.00 feet; thence nort
58033'55" west 10.00 feet; thence north 12016'29" west 20.00 feet; thence north 5°43'41" east 80.0
feet to the Point of Beginning.
Containing as area of 4,734 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 distance by 1.0000580 to obtain ground distances.
This real property description has been prepared by me or under my direction, in conformance wit
the Professional Land Surveyors Act.
VANU
Signature:
Licensed Land Surveyor Exp. Z- Z6 ,
Contra Costa County Public Works No.5999
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