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HomeMy WebLinkAboutMINUTES - 07172001 - C.9 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 17, 2001 SUBJECT: State Route 4 East/ Railroad Avenue to Loveridge Road, Pittsburg area. Project No.: 4660-6X4287 Task: ACQ Account: 3540 SCH# 2000112007 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Right of Way Contracts and ACCEPT Grant Deeds listed below: GRANTOR DOCUMENT DATE PAYEE AMOUNT Harbor Court Grant Deed June 28, 2001 Placer Title Company , $1,400,000.00 Associates, a 1981 N. Broadway California general Suite 302 partnership Walnut Creek, CA 94596 Escrow#6153886 West, Clark & Grant Deed June 26, 2001 Placer Title Company $1,205,000.00 Gardiner, a 1981 N. Broadway California general Suite 302 partnership Walnut Creek, CA 94596 Escrow#6153887 Continued on Attachment: SIGNATUR5-.'-"Jz�"-.'_ RECOMMENDATION OF COUNTY AD NIST TOR _RECOMMENDATION OF BOARD CO ITT —APPROVE _OTHER SIGNATURE(S) ACTION OF BOARD ON JULY 17, 2001 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS xx UNANIMOUS (ABSENT None ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the KAL:eh:je minutes of the Board of Supervisors'on the G:\GrpData\RealProp\2001-Files\BOs&RES\BO4-Harbor Court.doc date shown. Orig. Div: Public Works(R/P) Contact: Karen Laws(313-2228) ATTESTED:-JULY 17, 2001 cc: County Administrator JOHN SWEETEN, Clerk of the Board of Auditor-Controller(via R/P) Supervisors and County Administrator PW Accounting Recorder(via R/P) By . Deouty Subject: State Route 4 East/ Railroad Avenue to Loveridge Road, Pittsburg area. Date: July 17, 2001 Page: 2 I. Recommended Action: (Continued) B. AUTHORIZE Public Works Director to execute said Right of Way Contracts on behalf of the County. 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 Grant Deeds recorded in the office of the County Recorder. II. Financial Impact: Payment totaling $2,605,000.00 from funds which are 100% reimbursable from Contra Costa Transportation Authority. III. Reasons for Recommendations and Background: These property rights are required for the construction of an expanded freeway along the southern portion of State Route 4 in the City of Pittsburg 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. Recording Requested By: L� ���/� CAO PY Contra Costa County When Recorded Return to: Contra Costa County Public Works Department 255 Glacier Dr. Martinez, CA 94553 Attn: Debra L. Baker Portion of A.P.N. 088-500-009-1 SF'ACEABOVE THIS LINE FOR RECORDER'S USE Title Company Order No. 6153887 District County Route Post Mile Number 4 CC 4 38.1 58002 GRANT DEED For Value Received, WEST, CLARK & GARDINER, a California General Partnership, GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Pittsburg, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Dated this day of , 2001. WEST, CLARK& GARDINER A California General Partnership By: UJlC-UAM Uff.2LRN1) GUEST -1 YZZQA Title: ATTACH APPROPRIATE ACKNOWLEDGEMENT A1Pcl 45 CALDE1.doc 6/5/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA State of MONTEREY County of June 26, 2001 KAREN LEE HALLIWELL, Notary Public On before me, , Date Name and Title of Officer(e.g.,`Jane Doe.Notary Public") personally appeared WILLIAM GARLAND WEST Name(s)of Signer(s) J personally known to me–OR–C proved to me on the basis of satisfactory evidence to be the person(s) whose name() is/c*-6 subscribed to the within instrument and acknowledged to me that he)th*61tVfdy executed the same in his/MftblP authorized capacity(f", and that by his~f`10 signature" on the instrument the person('), or the entity upon behalf of which the person(ls' acted, executed the instrument. KAREN LEE HALLIWELL Comm#1225630 WITNESS m hand and official seal. Notary Public-Caldomia In Y Monterey County . My Comm.Exp.July 19,2003 NCS Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Grant Deed Document Date: q wul 2(of 2-CC) Number of Pages: — Signer(s) Other Than Named Above: /./o,.rj;, Capacity(ies) Claimed by Signer(s) WILLIAM GARLAND WEST Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): Partner—❑ Limited Xj General ❑ Partner—❑ Limited ❑ General ❑ .Attorney-in-Fact 0 Attorney-in-Fact ❑ Trustee C Trustee if ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Too of thumb here ❑ Other: Top of thumb here In Notary Signer Is Representing: Book Signer Is Representing: WEST, CLARK & GARDINER. a California General Partnership ;)1994 National Notary Associntion-8236 Reirmet Ave.P.O.Box 7184-Canoga Park.CA 91309-7184 Proo.No.5907 Reorder:Call Toll-Free 1-800.876-6827 EXHIBIT "A" to GRANT DEED between WEST, CLARK & GARDINER, a California General Partnership and CONTRA COSTA COUNTY, CALIFORNIA (CalTrans No. 58002) That certain land situated in the City of Pittsburg, Contra Costa County, California, and described as follows: All recording references are to the Official Records of Contra Costa County, California, unless otherwise stated. PARCEL ONE: Lot 6, Map of Subdivision 5382, filed November 14, 1979, Map Book 233, Page 27; EXCEPTING THEREFROM the buildings situated thereon, which buildings shall also remain real property. PARCEL TWO: A portion of Lot 5, Map of Subdivision 5382, filed November 14, 1979, Map Book 233, Page 27, and described as follows: Beginning at the northwesterly corner of Lot 6, Map of Subdivision 5382, filed November 14, 1979, in Book 233 of Maps, page 27, Contra Costa County Records; thence from said point of beginning south 130 01' 55" west, along the west line of said Lot 6 (233 M 27) 238.41 feet to the southwest corner of said Lot 6, also being the southeast corner of the.above referred to lot 5 (233 M 27); thence leaving the west line of Lot 6 and running northerly in a direct line 232.26 feet to a point in the north line of said Lot 5 (233 M 27) which said point bears south 89° 59' 13" east along the north line of said Lot 5, 53.81 feet from the point of beginning; thence north 89° 59' 13° east along the north line of said Lot 5, 53.81 feet to the point of beginning, per Certificate of Compliance for Lot Merger and Lot Line Adjustment recorded November 4, 1983, under Series #83- 162697. PARCEL THREE: An easement, not to be exclusive, as an appurtenance to PARCELS ONE and TWO above, granted in the deed to Willow Pass Properties, recorded November 15, 1979, at Book 9620, Page 121, 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 television, telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines over that portion of Lots 1 and 2, Map of Subdivision 5382, filed November 14, 1979, Map Book 233, Page 27, lying within the area shown as "Harbor Court, P.U.E." on said Map (253 M 27). PARCEL FOUR: An easement, not to be exclusive, as an appurtenance to PARCELS ONE and TWO above, granted in the deed to Willow Pass Properties, recorded November 15, 1979, at Book 9620, Page 121, for railroad purposes and incidental purposes, over the south 20 feet of Lots 1 and 2, Map of Subdivision 5382;filed November 14, 1979, Map Book 233, Page 27. PARCEL FIVE: Right of way granted in the deed to John L. Carpenter, et ux, recorded November 15, 1979, at Book 9620, Page 115, as follows: "An easement (not to be exclusive) as an appurtenance to Parcel "A" as shown on the Parcel Map filed December 15, 1976, in Book 50 of Parcel Maps, at Page 48, Contra Costa County Records, for use as a roadway for vehicles of all kinds, pedestrians and animals, and a s right of way for water, gas, oil and sewer pipe lines, and for television, telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines over the west 25 feet of Parcel C, as shown on said Map (50 Parcel Map 48)." PARCEL SIX: Right of way granted in the deed to Carpenter Rigging and Supply Company, Inc., recorded November 14, 1962, at Book 4242, Page 391, as follows: "Together with joint use of an easement for railroad purposes 20 feet in width over and across Parcels CM-13 and CM-15 as said Parcels are depicted on Parcel layout prepared by Dan Coleman Associates, dated April, 1961. Attached to Document No. 513 recorded in Book 4027 at Page 169, of the Official Records of Contra Costa County on January 3, 1962. Said easement lying equally on either side of the following described line: Beginning at the intersection of the center line of an existing Railroad Tract identified in Official Department of the Army Records for Camp Stoneman as Tract "D" and the westerly line of Parcel CM-13; said point of beginning being southerly of and distant 440 feet, more or less, measured along said westerly line, from the northwest corner of said Parcel CM- 13; thence easterly along said center line 850 feet, more or less; thence deflecting northeasterly 550 feet, more or less, across Parcel CM-15, to the center line of an existing Railroad Tract identified in Official Department of the Army Records for Camp Stoneman as Tract "F". PARCEL SEVEN: An easement, not to be exclusive, as an appurtenance to PARCELS ONE and TWO above, 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 television, telephone, electric light and power lines, together with the necessary poles and conduits ro carry said lines over, under and across that portion of Lots 3, 4 and 5, Map of Subdivision 5382, filed November 14, 1979, Map Book 233, Page 27, Contra Costa County Records, lying within the area designated as "Harbor Court P.U.E." on said Map (233 M 27). EXCEPTING THEREFROM that portion thereof lying within PARCEL TWO above. Contra Costa County Assessor's Parcel No. 088-500-009. Recording Requested By: Contra Costa County When Recorded Return to: Contra Costa County Public Works Department 255 Glacier Dr. Martinez, CA 94553 Attn: Debra L. Baker Portion of A.P.N. 088-500-008-3 SPACE ABOVE THIS LINE FOR RECORDER'S USE Title Company Order No. 6153886 District County Route Post Mile Number 4 CC 4 37.6 58001 GRANT DEED For Value Received, HARBOR COURT ASSOCIATES, a California General Partnership, GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Pittsburg, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. �i Dated this day of ��-�rz_ , 2001. HARBOR COURT ASSOCIATES A CaliforniaGeneral Partnership By: 0?6 � Donald J. Bruzzohe Title: General Managin artner ATTACH APPROPRIATE ACKNOWLEDGEMENT A1Pd 44 CALDE1.doc 66101 ALL-PURPOSE ACKNOWLEDGMENT • State of California e ICounty of CONTRA COSTA SS. ' On June 28 , 2001 before me, Sue R. Evans, Notary Public e (DATE) (NOTARY) f personally appeared DONALD J. BRUZZONE ' SIGNERS) f ❑ 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 O i 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. • WITNESS my hand and official seal. • SUE R. EVANS I • r®r�� Comm.#1251110 • NOTARY PUBLIC•CAUFORNIA LZZI, 'Comm Costa County e M'Cow.Ex es Feb.19,2004 'A / NOTARY'S SIGNATURE • I • OPTIONAL INFORMA'T'ION • The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' • ❑ INDIVIDUAL • ! ❑ CORPORATE OFFICER GRANT DEED • ' TITLE OR TYPE OF DOCUMENT I TITLE(S) OPARINER(S) e • ❑ ATTORNEY-IN-FACT • ' 4 , including acknowledgment I ❑ TRUSTEE(S) NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR • IOTHER: _ General Manag:LrLg Partner ' ' ------ - June - 28, 2001 DATE OF DOCUMENT tSIGNER IS REPRESENTING: NA.'-IE(1F PERSt>ti;S�OR HNi'Rl'iIES--- —--- —.._— I Harbor Court Associates, a 01-HER e California General Partnership L p 0-an=.si•ie-4=NWeo0i0ie ie�e-menwwe-0101we i•�•i•ie�•�• \I':\ 1i91 VALI_1'Y-SIERRA. M3,62-3369 EXHIBIT "A" to GRANT DEED between HARBOR COURT ASSOCIATES, a California General Partnership and CONTRA COSTA COUNTY, CALIFORNIA (CalTrans No. 58001) That certain land situated in the City of Pittsburg, Contra Costa County, California, and described as follows: All recording references are to the Official Records of Contra Costa County, California, unless otherwise stated. PARCEL ONE: Lots 4 and 5, Map of Subdivision 5382, filed November 14, 1979, Map Book 233, Page 27; EXCEPTING from Lot 5, the parcel of land described as Parcel Two in the deed to Concord Beverage, a California corporation, recorded December 14, 1983, in Book 11570, Page 804. PARCEL TWO: An easement, not to be exclusive, as an appurtenance to PARCEL ONE above, granted in the deed to Willow Pass Properties, recorded November 15, 1979, at Book 9620, Page 121, 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 television, telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines over that portion of Lots 1 and 2, Map of Subdivision 5382, filed November 14, 1979, Map Book 233, Page 27. PARCEL THREE: An easement, not to be exclusive, as an appurtenance to PARCEL ONE above, granted in the deed to Willow Pass Properties, recorded November 15, 1979, at Book 9620, Page 121, for railroad purposes and incidental purposes, over the south 20 feet of Lots 1 and 2, Map of Subdivision 5382, filed November 14, 1979, Map Book 233, Page 27. PARCEL FOUR: Right of way granted in the deed to John L. Carpenter, et ux, recorded November 15, 1979, at Book 9620, Page 115, as follows: "An easement (not to be exclusive) as an appurtenance to Parcel "A" as shown on the Parcel Map filed December 15, 1976, in Book 50 of Parcel Maps, at Page 48, Contra Costa County Records, for use as a roadway for vehicles of all kinds, pedestrians and animals, and a s right of way for water, gas, oil and sewer pipe lines, and for television, telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines over the west 25 feet of Parcel C, as shown on said Map (50 Parcel Map 48)." PARCEL FIVE: Right of way granted in the deed to Carpenter Rigging and Supply Company, Inc., recorded November 14, 1962, at Book 4242, Page 391, as follows: "Together with joint use of an easement for railroad purposes 20 feet in width over and across Parcels CM-13 and CM-15 as said Parcels are depicted on Parcel layout prepared by Dan Coleman Associates, dated April, 1961. Attached to Document No. 513 recorded in Book 4027 at Page 169, of the Official Records of Contra Costa County on January 3, 1962. Said easement lying equally on either side of the following described line: Beginning at the intersection of the center line of an existing Railroad Tract identified in Official Department of the Army Records for Camp Stoneman as Tract "D" and the westerly line of Parcel CM-13; said point of beginning being southerly of and distant 440 feet, more or less, measured along said westerly line, from the northwest corner of said Parcel CM- 13; thence easterly along said center line 850 feet, more or less; thencedeflecting northeasterly 550 feet, more or less, across Parcel CM-15, to the center line of an existing Railroad Tract identified in Official Department of the Army Records for Camp Stoneman as Tract °F". Contra Costa County Assessor's Parcel No. 088-500-008.