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Home My WebLink AboutMINUTES - 02061996 - C1 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: FEBRUARY 6, 1996 SUBJECT: OLYMPIC BLVD. WIDENING PROJECT -WALNUT CREEK AREA Project No.: 0662-6R4092 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)d.BACKGROUND AND JUSTIFICATION t. Recommended Action: A. APPROVE Right of Way Contract and ACCEPT Grant Deed dated January 8, 1996, from Shell Oil Company. B. AUTHORIZE Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE payment of$888,607.50 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Chicago Title Company, 590 Ygnacio Valley Road, Suite 300, Walnut Creek, Ca., 94596, Escrow No. 76098 to be forwarded to the Real Property Division for delivery. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON LQ) )9 9 b APPROVED AS RECOMMENDED=OTHER_ VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: RB:glo g:\realprop\temp\B026.t2 I hereby oertlly that thle IS s Mie andeon�teopyot Orig. Div: Public Works(RIP) an action taken and entered on the minutes of the Board of Supery on the date shown. Contact: Ronald Babst(313-2226) ATTESTED: cc: County Administrator PHIL BATCHELGR,UerI001 the ard Auditor-Controller(via R/P) of Supervisors and Coup Administrator P.W.Accounting t , Recorder(via R/P) ey �aeeputy D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the office of the County Recorder. 11. Financial Impact: Payment of $888,607.50 includes the purchase price plus interest from September 2, 1994 to March 15, 1996. If escrow closes prior to March 15, 1996, the unused interest will be refunded back to the County. The payment is funded by Surface Transportation Program (60%), Area of Benefit (22°x6) and road funds (18%). III. Reasons for Recommendations and Background: These property rights are required for the Olympic Boulevard Widening 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. �L)�� 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: Ronald Babs Assessor's Parcel No. 184-311-020 Title Co. Order No. 76098 STPL 5928 (005) GRANT DEED For Value Received, SHELL OIL COMPANY, a Delaware corporation, GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California,. the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Date jan„arV R, 1996 GRANTOR - SHELL OIL COMPANY B --"yO,L ) E. D. Ellis, General Manager Corporate Real Estate Shell Services Company as agent for Shell Oil Company ATTEST: By: Assistant Secretary Road 3441 - Olympic Blvd. Road Widening PARCEL 4, Shell Oil Co. Ptn. APN 184-311-020 • Dwg. RW3441-93 EXHIBIT "A" PARCEL 4 (Fee Take) Real property in an unincorporated area of Contra Costa County, California being a portion of Lots thirty-seven (37) and thirty-eight (38) as shown on that Map titled "Dewing Park," filed July 24, 1913 in Book 10 of Maps at page 242, Official Records of said County, described as follows: Being all of that parcel of land conveyed by Limited Warranty Deed, from Third Sabac Inc., a Delaware Corporation, to Shell Oil Company, a Delaware Corporation, recorded September 2, 1980 in Book 9981 of Official Records at page 891, records of said County, described as follows: Beginning at the most easterly corner of Lot thirty-eight (38) as shown on said map (10 M 242),- thence 42);thence from said Point of Beginning southwesterly along the southeasterly line of said Lot 38, south 59039'22" west 154.22 feet to a point on a non-tangent curve, concave to the east, having a radius of 570.00 feet, the center of which curve bears north 83054'24" east; thence northerly along said curve through a central angle of 2046'58", an arc distance of 27.68 feet; thence northerly along the west line of said parcel (9981 O.R. 891) north 3018'38" west 173.00 feet; thence northerly and northeasterly along a tangent curve, concave to the southeast, having a radius of 20.00 feet, through a central angle of 62058'00", an arc distance of 21.98 feet; thence northeasterly along the northwesterly line of said parcel (9981 O.R. 891) north 59039'22" east 30.79 feet; thence leaving said line south 30020'38" east 86.63 feet along the southwesterly line of-the parcel of land described in the judgement in the Superior Court of the State of California in and for the County of Contra Costa Case No. 46842, recorded July 17, 1951 in Book 1793 of Official Records at page 247; thence northeasterly along the southeasterly line of said judgement (1793 O.R. 247) north 59039'22" east 15.00 feet; thence southeasterly along the northeasterly lines of said Lot 37 and 38 (10 M 242) south 30020'38" east 103.33 feet to the Point of Beginning. Containing an area of 18,900 square feet (0.434 acres) of land, more or less. Bearings and distances used in the above descriptions are based on the California Coordinate System Zone III (C.C.S. 27). To obtain ground distance multiply given distances by 1.0000685. 1 This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. �c��..Q lANO SV9G CO Signature: --//�6/ — en ed Land Surveyor 6995 rt Con a Costa County Public Works 4yy, OF CAL\Q Date: BLS:jIg c\ex:Dewing.pr4 3/17/93 2 THE STATE OF TEXAS ON THIS ~ DAY OF , 19% BEFORE ME, L. C. JONES, A NOTARY PUBLIC IN AND FOR SAID STATE RESIDING THEREIN, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED E. D. ELLIS, KNOWN TO ME TO BE THE GENERAL MANAGER, CORPORATE REAL ESTATE, OF SHELL SERVICES COMPANY, THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. � C L. C. JONES NOTARY PU LIC C00% AL *pygES_ ��J61 �g9 CERTIFICATE OF AUTHORITY S. J. Paul certifies that he is an Assistant Secretary of Shell Oil Company, a Delaware corporation (the "Company") ; and that pursuant to the By-Laws of the Company, the Board of Directors has duly empowered the President to prescribe in writing the authorities and duties of any agents which he may deem advisable and appropriate and that pursuant to such powers, the President has so authorized Shell Services Company (the "Corporation") through its duly authorized employees or agents to act on the Company's behalf. S. J. Paul further certifies that he is the Assistant Secretary of Shell Services Company, a Delaware corporation (the "Corporation") ; and that pursuant to the By-Laws of the Corporation, the Board of Directors has duly empowered the President to prescribe in writing the authorities and duties of any agents which he may deem advisable or appropriate, and that the following completely and correctly sets forth the authority currently delegated by the President of Shell Services Company to its General Manager, Corporate Real Estate, now or hereafter appointed, in the Corporation's name and on its behalf as authorized agent for the Company: to execute, deliver, accept, assign, amend, extend, ratify, verify, terminate, release or surrender all instruments or documents, including (without limitation) conveyances of properties (real or personal) , agreements of any nature including non-recourse promissory notes and deeds of trust and mortgages related to such non-recourse notes, but excluding grants of security interests other than releases and quitclaim deeds for the purpose of clearing public records of satisfied security interests; and certificates, returns and reports of any nature, which he may deem advisable or appropriate in the course of business. It is further certified that on January 8, 1996, E. D. Ellis was General Manager, Corporate Real Estate of the Corporation. SSC/GENMGR.PST 03/01/95 IN WITNESS WHEREOF, this certificate is signed and sealed with the Company's and Corporation's corporate seals on January 9, 1996. S. J. Paul , Assistant Secretary Shell Oil Company S. J. Paul , Assistant Secretary Shell Services Company UNITED STATES OF AMERICA § STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, on this day personally came S. J. Paul , to me known, who being duly sworn, said that he is an Assistant Secretary of Shell Oil Company, a corporation formed under the laws of the State of Delaware, United States of America, and that he knows the seal of the aforementioned corporation, and he says that he has executed the aforementioned document as the act and deed of the aforementioned corporation, for the purposes recited therein and in the capacity recited therein. WITNESS my signature and official seal on January 9, 1996. ,^ �^ sAy P& _ y � UNITED STATES OF AMERICA }� STATE OF TEXAS 6 COUNTY OF HARRIS § ,e11 e 8CN'1901 BEFORE ME, on this day personally came S. J. Paul , to me known, who being duly sworn, said that he is the Assistant Secretary of Shell Services Company, a corporation formed under the laws of the State of Delaware, United States of America, and that he knows the seal of the aforementioned corporation, and he says that he has executed the aforementioned document as the act and deed of the aforementioned corporation, for the purposes recited therein and in the capacity recited therein. WITNESS my signatuo0pf �a', seal on January 9, 1996. A w �L S J r @ r 0 f ZF' °�0'�oasasa� SSC/GENMGR.PST 03/01/95