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Home My WebLink AboutMINUTES - 03211995 - 1.62 i z4, • lo22 - Contra TO: REDEVELOPMENT AGENCY '•�/A r Costa FROM: Phil Batchelor s Cour Executive Director r °" DATE : March 21, 1995 SUBJECT: Canal Road Assemblage, Bay Point Area Project No. : 7892-6X5037; Account : 3540 SPECIFIC REQUEST (S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. APPROVE Right-Of-Way contract and ACCEPT Grant Deed dated March 2, 1995 from Ernestine Howard; B. AUTHORIZE Deputy Director - Redevelopment or his designee to execute said Right-Of-Way contract on behalf of the Redevelopment Agency; C. APPROVE payment of $185, 000 for said property 'rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to: Old Republic Title Company, Lafayette, CA. , Escrow No . 185274, to be forwarded to the Real Property Division for delivery; and D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the office of the County Recorder. FISCAL IMPACT No General Funds are involved. Redevelopment Agency bond proceeds were budgeted in FY 94-95 for this property acquisition. CONTINUED ON ATTACHMENT: XX YES SIGNATURE : RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMME A tON OF1 GENCY COMMIT E APPROVE OTHER i S I GNATURE (S) ACTION OF AGENCY ON March 21 , 1995 APPROVED AS RECOMMENDED x OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Contact: Public Works (R/P) Karen McNamer (313-2228) ATTESTEDMarch 21 , 1995 cc: County Administrator PHIL BATCHELOR County Counsel AGENCY SECRETARY Community Development Redevelopment Agency via R/P BY 414U DEPUTY Auditor-Controller Recorder JK:1h sra17/canalyd.bos BACKGROUND/REASONS FOR RECOMMENDATIONS On August 16, 1994 the Board of Supervisors considered a General Plan Amendment, Rezoning, and Final Development Plan for an expanded Cheaper! Food and Liquor Store on Bailey Road, between Canal Road and Highway 4 in Bay Point . The location is near the Bay Point BART Station. The Board directed the matters back to the East County Regional Planning Commission for additional clarification of the proposed General Plan language, and directed the Redevelopment Agency to pursue the property acquisition of three remaining properties that Cheaper! had initially proposed to purchase, but were subsequently unable to achieve on a negotiated basis . Cheaper! no longer had an interest in the three properties . The above recommendations represent the successful negotiated purchase of the Ernestine Howard interests (two of the three remaining properties) . Not proceeding with the recommended action would result in insufficient land to exercise reasonable development rights . Recorded at the request of: A Contra Costa County �" Redevelopment Agency Return to: Contra Costa County l Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Karen A. McNamer Assessor's Parcel No. 097-270-018, 021 Title Co. Order NO. 185274 GRANT DEED For Value Received, ERNESTINE HOWARD, a widow, GRANTS to CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing under the laws of the State of California, the following described real property in an unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR Date 3 16- g6 Ernestine Howard ATTACH APPROPRIATE ACKNOWLEDGMENT KAM:& gArea1prop\temp\DE1 EH.t2 February 2, 1995 APN: 097-270-018 and 097-270-021 "Exhibit A" PARCEL ONE: PORTION OF Lot 6, Section 14, Township 2 north, Range 1 West, Mt. Diablo Base and Meridian, described as follows: Beginning on the east line of the parcel of land described as Parcel One in the Deed to Jose M. Garcia, et ux, recorded May 13, 1949, in Volume 1387, Official Records, Page 208; at the southeast corner of the parcel of land firstly described in the Deed to James Henry Amerson, et ux, recorded February 20, 1950, Book 1509, Official Records, page 247; thence from said point of beginning south 0° 42' east along said east line, 50 feet to the north line of the parcel of land described as Parcel One in the Deed to Lippow Development Co., recorded May 28, 1957, Book 2989, Official Records, Page 188; thence south 890 46' west along said north line, 110 feet to the west line of said Garcia parcel, 1387 OR 208; thence north 00 42' west along said west line, 50 feet to the south line of said Amerson Parcel, 1509 OR 247; thence north 890 46' east along said south line, 110 feet to the Point of Beginning. PARCEL TWO: "A non-exclusive right of way" created in reference to Parcel One above in the Deed from C. Clinton Perry, et ux, recorded August 18, 1959, Book 1617, Official Records, Page 584, "for use as a roadway for vehicles of all kinds, pedestrians and animals, and as a right of way for water, gas, oil and sewer pipe lines and for telephone, electric light and power lines, together with the necessary poles or underground conduits to carry said lines" over a strip of land 40 feet in width, the south line of which is described as fol lows: Beginning at the northwest corner of the parcel of land described as Parcel One in the Deed to Jose M. Garcia, recorded May 13, 1949, in Volume 1387, Official Records, Page 208; thence north 89° 46' west, along the north line of said Garcia Parcel and along the extension north 890 46' east thereof, 268.17 feet to the west line of a county road known as Bailey Road. PARCEL THREE: The right of way granted in the Deed to C. Clinton Perry, et ux, recorded August 18, 1950, Book 1617, Official Records, Page 584, as follows: "A non-exclusive right of way for road and for water, gas, and sewer pipe lines and for poles and lines for conveyance of electric power and telephone service" over a strip of land 20 feet in width, the west line of which is described as follows: Beginning on the west line of the parcel of land described as Parcel One in the Deed to Jose M. Garcia, et ux, recorded May 13, 1949, Book 1387, Official Records, Page 208, at the northwest corner of Parcel One above; thence from said Point of Beginning north 00 42' west, along the west line of said Garcia parcel 300 feet to the northwest corner thereof. PARCEL FOUR: PORTION OF Lot 6, Section 14, Township 2 north, Range 1 west, Mount Diablo Base and Meridian, described as follows: Beginning on the east line of the parcel of land described as Parcel One in the Deed from S.G. Mims, et ux, to Jose M. Garcia, et ux, recorded May 13, 1949, in Volume 1387 of Official Records, at Page 208; distant thereon south 00 42' east, 300 feet from the northeast corner thereof; thence from said Point of Beginning south 00 42' east, along said east line, 50 feet to the, north line of the parcel of land firstly described in the Deed from Jose M. Garcia, et ux, to H. Leatherwood, et ux, recorded September 28, 1950, in Volume 1641 of Official Records, at Page 107; thence south 89° 46' west, along said north line 110 feet to the west line of said Garcia parcel (1387 OR 208); thence north 0° 42' west along said west line, 50 feet; thence north 890 46' east, 110 feet to the Point of Beginning. PARCEL FIVE: "A non-exclusive right of way" created in reference to Parcel Four above in the Deed from Jose M. Garcia, et ux, to C. Clinton Perry, et ux, recorded August 18, 1950, in Volume 1617 of Official Records, at Page 584, "for use as a roadway for vehicles of all kinds, pedestrian and animals, and as a right of way for water, gas, oil and sewer pipe lines and for telephone, electric light and power lines together with the necessary poles or underground conduits to carry said lines" over a strip of land 40 feet in width, the south line of which is described as follows: Beginning at the northwest corner of the parcel of land described as Parcel One in the Deed from S.G. Mims, et ux, to Jose M. Garcia, recorded May 13, 1949, in Volume 1387 of Official Records, at Page 208; thence north 890 46' west, along the north line of said Garcia parcel and along the extension north 89°46' east thereof, 268.17 feet to the west line of a county road known as Bailey Road. PARCEL SIX: The right of way granted in the Deed from Jose M. Garcia, et ux, to C. Clinton Perry, et ux, recorded August 18, 1959, in Volume 1617 of Official Records, at Page 584, as follows: "A non-exclusive right of way for road and for water, gas and sewer pipe lines and for poles and lines for conveyance of electric power and telephone service" over a strip of land 20 feet in width, the west line of which is described as follows. Beginning on the west line of the parcel of land described as Parcel One in the Deed from S.G. Mims, et ux, to Jose M. Garcia, et ux, recorded may 13, 1949, in Volume 1387 of Official Records, at Page 208, at the northwest corner of Parcel One above, thence from said Point of Beginning north 00 42" west, along the west line of said Garcia parcel 300 feet to the northwest corner thereof. KAM:sd:glo g:/clerical/exhibits/APN1821.ex } J State of California County of Contra Costa p On before me, Roger H. Frost, Notary Public, personally appeared -----------__ , personally known to me (or proved 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. Signature �% �L ":: .'... OFFICIAL NOTARY SEAL g Roger rust -_._ _. ROGFq 4 FROST v-� Y Pudic—California CONTRA COSTA COUNTY C' (?-Cc— MY Comm.Expires APR 28,1995 9• ra AK M December,.1992