HomeMy WebLinkAboutMINUTES - 07102001 - SD.13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution July 10,2001, by at least a four-fifths vote as follows: vb.1 3
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2001_/297
(Gov. Code § 25365)
SUBJECT: Conveyance of County Owned Real Property
to the State Route 4 Bypass Authority
Assessor's Parcel Nos. 052-052-101 & 015
Project No.4660-6X4404
Antioch Area
State Clearing House No. 89032824
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board on June 5, 2001 , passed Resolution No.2001,1235 and Notice fixing
July 10, 2001 at 9 a.m., in its Chambers, County Administration Building, Martinez,
California, as the time and place when it would meet to consummate the conveyance of the
real property described therein to the State Route 4 Bypass Authority; said Notice was duly
published in the Contra Costa Times.
This Board, by the aforesaid Resolution, conveys the property acquired for said
project in accordance with the terms and conditions of the Joint Powers Agreement on file
with the Public Works Department. The property was purchased for the State Route 4
Bypass (Delta Expressway) with dedicated funds for the State Route 4 Bypass from the
Oakley North Brentwood Area of Benefit.
This Board hereby APPROVES the conveyance between Contra Costa County and
State Route 4 Bypass Authority, and the conveyance of the property described in Exhibit
"A"attached hereto. The Board Chair is hereby AUTHORIZED to execute a Grant Deed to
the State Route 4 Bypass Authority on behalf of the County, and DIRECTS the Real
Property Division to cause its delivery to the grantee for acceptance and recording.
The Public Works Director is hereby AUTHORIZE to.sign the Grant Deed on behalf
of the County.
I hereby certify that this is a true and correct
LLO: copy of an action taken and entered on the
Res&bo\BR10giaona minutes of the Board f Supervisors on the
Orig. Dept.: Public Works (RP) date shown.
Contact: L. Lucy Owens (313-2229)
cc: County Administrator ATTESTED: /
JOHN SW ET Jerk fif e oar�'of
County Assessor Supervi s d Cou A Fninistrator
County Recorder (via R/P)
Public Works Accounting
Grantee (via R/P) B INZ eputy
RESOLUTION 2001/297
PARCEL �'
052-052-010
Exhibit "A"
The land referred to in this Report is situated in the State of California , County of
Contra Costa , unincorporated area , and is described as follows :
PARCEL ONE:
A portion of the northeast 1/4 of Section 28, Township 2 North , Range 2 East , Mount
Diablo Base and Meridian, described as follows:
Beginning on the south line of the parcel of land described as Parcel One in the Deed
from Mav Stovesand, et al , to Inez McCormick , et al , recorded May 8, 1962, in Book
4114 of Official Records, page 133 , distant thereon south 890 27' west 850 feet from
the southwest line of the right of way of the Southern Pacific Company; thence from
said point of beginning north 89` 27' east along said south line 850 feet to said
southwest line; thence northwesterly along said southwest line to a point which bears
north from the point of beginning; thence south 610 feet, more or less, to the point
of beginning.
PARCEL TWO:
The right of way created in reference to the premises in the Deed to Margaret S.
Wrigley, et al , recorded March 29, 1961 , Book 3827 , Official Records , page 493,
as follows:
"A temporary easement [not to be exclusive] as an appurtenance to the parcel of
land described in the Decree of Distribution had in the Superior Court of the
State of California, in and for the County of Contra Costa, Case No. 19509 ,
entitled "In the Matter of the Estate of Elizabeth Stovesand , Deceased" , a cer-
tified copy of which was recorded June 1 , 1954, in Book 2324 of Official
Records , page 513, 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 ,
for telephone, electric light and power lines , together with the necessary poles
or underground conduits to carry said lines over and under a strip of land 20
feet in width, the south and southwest lines of which are the south and south-
west lines of the parcel of land described as Parcel One in the Decree
Establishing Fact of Death, recorded June 1 , 1954, under Recorder' s Serial No.
27134.
At such time the dominant tenement acquires access to a public road, the grantee
herein shall quit claim the above right of way to grantor, their successor or
assigns.
Page 1 of 2
J . .
PARCEL "A"
052-052-015
Exhibit "A"
The land referred to herein is situated in the State of California, County of Contra
Costa, unincorporated area, and is described as follows:
Portion of that parcel of land described as Parcel 1 in the Deed No. 21363 to State of
California, recorded November 15, 1967 in Book 5496, page 145, Official Records of
Contra Costa County, described as follows:
Commencing at the northerly terminus of the course described as "N. 0 Degrees 17 ' 25"
W. , 559. 10 feet" in the Deed No. 368894 to State of California, recorded September 22,
1967, in Book 5459, page 347 , Official Records of Contra Costa County; thence along
said course south 00 17' 25" east, 559. 10 feet to the southerly, line of the northeast
1/4 of Section 28, Township 2 North, Range 2 East, Mount Diablo Base and Meridian;
thence along last said line north 89° 33' 27" west, 160.65 feet; thence north 00 05'
54" west, 279.79 feet; thence north 290 38' 48" east 320.01 feet to the point of com-
mencement.
EXCEPTING THEREFROM:
1. Rights excepted in the Deed from Inez T. McCormick, et al , recorded November 5,
1967 , Book 5496, Official Records , page 145, as follows:
"All oil , oil rights, minerals , mineral rights, natural gas , natural gasrights , and
other hydrocarbons by whatsoever name known that may b'e within or under the Darcel of
land hereinabove described, together with the perpetual right of drilling , mining ,
exploring and operating therefrom and removing the same from said land or any other
land, including the right to whipstock or directionally drill and mine from lands
other than those hereinabove described, oil or gas wells , tunnels and shafts into ,
through or across the subsurface of the land hereinabove described, and to bottom such
whipstocked or directionally drilled wells , tunnels and shafts under and beneath or
beyond the exterior limits thereof, and to redrill , retunnel , equip, maintain ,
repair, deepen and operate any such wells or mines, without, however, the right to
drill , mine, explore and operate through the surface of the upper 100 feet to the
subsurface of the land hereinabove described or other wise in such manner as to
endanger the safety of any highway that may be constructed on said lands. "
2. That portion thereof lying within the State Highway.
Pace 2 of 2
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05/24/01 THiJ 08:31 FAX 925 313 2333 CCC PUBLIC WORKS ; >i COB Q001
' (this fo hou/oibe/edea/size....ye/%w/,go rod co%r,agper�
HEARING CONFIRMATION FORM
hearing date: -- )0— o t C* vm*ci�a')
name of person phoning to request hearing: LLAc-u r)wem phone # 313-aaaq
hearing date confirmed with Jam of COB staff on CM Ob
(date)
agenda language(how it will read on calendar) for the date of the hearing
�-IP,._Qf%r)gq-io CCQ5%8e-r ISA(-1-AiQQ ta._. 2soi .- w:� 4 -Takmhr n+0 CCnyC4j
read _-kz "i)m 11sw1dwror, in _
I. anticipated length of the hearing: 5 min. or less or more
2. is it controversial? yes no
3. noticing requirements: Qt1t✓ 'ltt - n le-ogsk QM Wee1' �W"kro) Me
code section: (20-61
4. publication requirements: #of times #of days before hearing
S. who is to publish the notice? COBS- PWD
(if applicable)who prepares the notice? COB PWD,
It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board
Resolution;the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors.
6. if pasting of notice is required, who will post?
7. if mailing the notice is required,who will provide the clerk with the correct mailing list and labels?
8. when will this"fix hearing item" be listed on the Board agenda as a consent item? -�O-- 1
Note: The H.O. fixing the hearing is a CAO consent item,and should be submitted by Wednesday, 13 days
prior to the date of the BOS meeting). An original H.O. and "grvenie"is sufficient. The Exec. Secretary
will send it downtown with the Director,along with the other BOS meeting materials, for approval,copying,
and distribution by the Clerk-of-the-Board. Failure to subunit the Board Order/Resolution fixing the hearing
in this time frame could result in the item being removed from the agenda.
ALSO! The Clerk of the Board(currently Ann Cervelli)has asked that everyone be notified that when the
B.O. (required to fix a hearing date) is prepared and submitted, it SHOULD NOT include the
B.O./Resolution that will be voted on the date of the hearing.
The B.O./Resolution to be approved the date of the hearing should be submitted by Tuesday-- 2 weeks prior
to the hearing(original plus 15 copies)-with a"stickie"on top that has the word"hearing" and the hearing
date written on it. The original & 12,copies will be sent downtown with the Director on Wednesday
morning, 13 days prior to the date of the hearing,and'he will give.them to the Clerk of the Board.
For more information regarding hearings,see next page(12/96 info from Clerk-of-the-Board).
P
05/24/01 THU 08:32 FAX 925 313 2333 CCC PUBLIC WORKS > > > COB Q002
PW Accounting: PW Division Manager:
CAO Analyst Approval: County Administrator Approval:
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
AGENDA ITEM REQUEST
CAO ITEM
(Do Not Use This Form To Set Hearings)
Agenda Date Requested: June 5. 2001
Submitting Department: Public Works
Contact Person Lucy Owens Phone:313-2229
Proposed Agenda Language:
FIX July 10, 2001, at 9:00 a.m. for public hearing to consider adoption of a Resolution of
Intention to convey real property to the State of California in connection with the State
Route 4 Bypass project, Antioch area.
Item Submitted for: ()Consent Agenda:No discussion,no speakers,no opposition.
Category: Hearing Items
()Presentation: Five minutes,people present to speak or receive.
() Short Discussion: Less than five minutes.
()Deliberation: Longer than five minutes. Time:
Person making the Presentation, Short Discussion or Deliberation item at the Board
meeting:
Name: Phone:
Copies required: Consent Agenda: Original and 2 copies, unless the item is S pages or
more(single sided),then 12 copies are needed.
Short Discussion: Original and 13 copies.
Deliberation: Original and 13 copies.
(If your Division needs any executed copies of contracts or agreements returned to your
department,you must submit those copies in addition to the Board's minimum number)
:kw
G:1QVD=1RealPrcpIAGENDAU1R 6-5-01.dac
05/24/0.1 THU 08:32 FAX 925 313 2333 CCC PUBLIC WORKS COR 14003
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 5, 2001, by at (east a four-fifths vote as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
RESOLUTION NO. 2001/
(Gov. Code § 25365)
SUBJECT: Resolution and Notice of Intention
to Convey Real Property to the
State Route 4 Bypass Authority
Project No. 4660-6X4404
Assessor's Parcel No. 052-052-010 & 015
Antioch Area
State Clearing House No. 89032824
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board intends to convey to the State Route 4 Bypass Authority, County owned
real property described in the attached Notice in connection with the State Route 4 Bypass
prosect, in accordance with the terms and conditions of the Joint Powers Agreement on file
with the Public Works Department. The property was purchased for the State Route 4
Bypass (Delta Expressway)with dedicated funds for the State Route 4 Bypass from the
Oakley North Brentwood Area of Benefit.
This Board hereby sets Tuesday, July 10,.2001 at 9 a.m. in the Board's Chambers
in the County Administration Building, 651 Pine Street, Martinez, California, as the time and
place it will meet to consummate this conveyance by a four-fifths vote.
The Clerk of this Board is hereby DIRECTED to have the attached Notice published
one time, at least one week preceding the date set for hearing in the Contra Costa Times,
a newspaper of general circulation (pursuant to Government Code Section 6061).
LLO:je
G:\GrpDatatiRealProp\Bo&Res1BR-10glamenla.doc I hereby certify that this Is a true and correct
(Form updated 2197) copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Orig.Dept.: Public Works(RIP) date shown.
Contact: L. Lucy Owens (313-2229)
cc: County Administrator ATTESTED:
Assessor's Office JOHN SWEETEN, Clerk of the Board of
Community Development Dept. Supervisors and County Administrator
By Deputy.
RESOLUTION NO. 2001/
05/24/01 TMI 08:33 FAX 925 313 2333 CCC PUBLIC WORKS COB IA 004
NOTICE OF INTENTION TO CONVEY REAL PROPERTY
(Gov. Code § 25365)
Notice is hereby given that the Board of Supervisors of Contra Costa County, on June 5,
2001, declared its intention to convey to the State Route 4 Bypass Authority the following
described real property:
All that real property situated in the State of California, County of Contra Costa, City of
Antioch described in Exhibit "AD attached hereto and made a part hereof.
Together with and including all improvements located thereon.
Notice is further given that it is proposed to convey said property to the State Route 4
Bypass Authority as conditioned in the Joint Powers Agreement.
The Board will meet on Tuesday, July 5, 2001, at 9:00 a.m. in the Board's Chambers,
County Administration Building, 651 Pine Street, Martinez, California, to make such
conveyance by at least a.four-fifths vote.
Dated:
JOHN SWEETEN
Clerk of the Board of Supervisors
and County Administrator
By
DEPUTY
RESOLUTION NO. 20001
05/24/01. THU 08:33 FAX 925 31.3 2333 CCC PUBLIC WORKS COB Q005
PARCEL B
052-052-010
Exhibit "A"
The land referred to in this Report is situated in the State of California, County of
Contra Costa, unincorporated area, and is described as follows:
PARCEL ONE:
A portion of the northeast 1/4 of Section 28, Township 2 North, Range 2 East, Mount
Diablo Base and Meridian, described as follows:
Beginning on the south line of the parcel of land described as Parcel One In the Deed
from May Stovesand, et al , to Inez McCormick, et al , recorded May 8, 1962, in Book
4114 of Official Records, page 133, distant thereon south 890 27' west 850 feet from
the southwest line of the right of way of the Southern Pacific Company; thence from
said point of beginning north 89° 27' east along said south line 850 feet to said
southwest line; thence northwesterly along said southwest line to a point which bears
north from the point of beginning; thence south 610 feet, more or less, to the point
of begfnnfng.
PARCEL TWO:
The right of way created in reference to the premises in the Deed to Margaret S.
Wrigley, et at , recorded March 29, 1961, Book 3827, Official Records, page 493,
as follows:
"A temporary easement [not to be exclusive] as an appurtenance to the parcel of
land described in the Decree of Distribution had in the Superior Court of the
State of California, in and for the County of Contra Costa, Case No. 19509,
entitled "In the Matter of the Estate of Elizabeth Stovesand, Deceased", a cer-
tified copy of which was recorded June 1, 1954, in Book 2324 of Official
Records , page 513, for use as a roadway for vehicles of all kinds, pedestrians
and anima is and as a right of way for water, gas , oil, and sewer pipe ifnes ,
for telephone, electric light and power lines, together with the necessary poles
or underground conduits. to carry said lines over and under a strip of land 20
feet in width, the south and southwest lines of which are the south and south-
west lines of the parcel of land described as Parcel One in the Decree
Establishing Fact of Death, recorded June 1, 1954, under Recorder's Serial No.
27134.
At such time the dominant tenement acquires access to a public road, the grantee
herein shall quit claim the above right of way to grantor, their successor or
assigns.
Page i of 2
05/24/01 THU 08:34 FAX 925 313 2333 GCC PUBLIC WORKS s-» COB Q006
PARCEL "A"
052-052-015
Exhibit "A"
The land referred to herein is situated in the State of California, County of Contra
Costa, unincorporated area, and is described as follows:
Portion of that parcel of land described as Parcel 1 in the Deed No. 21363 to State of
California,. recorded November 15, 1967 i.n Book 5496, page 145, Official Records of
Contra Costa County, described as follows:
Commencing at the northerly terminus of the course described as "N. 0 Degrees 17'25"
W. , 559.10 feet" in the Deed. No. 36894 to State of Caltforafa, recorded September ZZ,
1967, in Book 5459, page 347, Official Records of Contra Costa County; thence along
said course south 00 17' 25" east, 559.10feet to the southei-ly, line of the northeast
114 of Section 28, Township 2 North, Range 2 East, Mount Diablo' Base and Meridian;
thence along last said, line north 89" 33' 27" west, 160.65 feet; thence north 0" 05'
54" west, 279.79 feet; thence north 29" 38' 48" east 324.01 feet to the point of com-
mencement.
EXCEPTING THEREFROM:
1. Rights excepted in the Deed from Inez T. McCormick, et al , recorded November 5,
1967, Book 5496, Official Records. page 145, as follows:
"Ali oil , oil rights, minerals, mineral rights, natural gas, natural gas rights , and
other hydrocarbons by whatsoever name known that may be within or under the parcel of
land hereinabove described, together with the perpetual right of drilling, mining,
exploring and operating therefrom and removing the same from said land or any other
land, including the right to whipstock or directionally drill and mine from lands
other than those hereinabove described, oil or gas wells, tunnels and shafts into,
through or across the subsurface of the land hereinabove described, and to bottom such
whipstocked or directionally drilled wells, tunnels and shafts under and beneath or
beyond the exterior limits thereof, and to redriil , retunnel , equip, maintain,
repair, deepen and operate any such wells or mines, without, however, the right to
drill , mine, explore and operatethrough the surface of the upper 100 Feet to the
subsurface of the land hereinabove described or other wise in such manner as to
endanger the safety of any highway that may be constructed on said lands. "
2. That portion thereof lying within the State Highway.
Page 2 of 2
SEND THIS FORM*a fox - TO CLERK-OF-THE-BARD WITHIN 24 HOURS
OF 5ETTING THE HEARING (BY PHONE)
(failure to do so could result in hearing date being dropped)
11