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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-572 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 26, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE RESOLUTION NO. 2004/ ABSTAIN: NONE (Gov. Code § 25526.5) SUBJECT: ADOPT Resolution No. 20041572 approving the Conveyance of County interest in Real Property to the State of California in connection with the widening of State Route 4 at Bixler Road for the development of Subdivision 8456. Portion of Assessor's Parcel No. 011-220-030 & 011-220-039. Discovery Bay Area. District 111. Project No. 0651-61-073E The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property on September 24, 1990, Series No. 90-199678, Book 16139 Page 862, in the Discovery Bay area, described in Exhibit"A" attached hereto, for said project. This Board hereby APPROVES and AUTHORIZED the conveyance of County interest to the State of California, pursuant to Government Code§25526.5 and the Chair of the Board of Supervisors is hereby AUTHORIZED to execute the Grant Deed on behalf of the County in accordance with the terms and conditions of the Contra Costa County Community Development Department Approved Permit for Subdivision 8456,Sandy Cove Clause No. 53 on file in the Public Works Department. The Real Property Division is DIRECTED to cause said Grant Deed to be delivered to the grantee for acceptance and recording. Contra Costa County completed an Environmental Impact Report (EIR) for Subdivision 8456 in 1992 (SCH#90003015).This document covers the road improvements and adequately addresses the conveyance of said property rights. CP.eh I hereby certify that this is a true and correct G:1GrpDatalRea{Prop\2004-FScopy of an action taken and entered on theeffi1805&R@31BR.26 Bix{er Road 10072004.doc minutes of the Board of Supervisors on the Orig.Dept.: Public Works(R/P) date shown. Contact: C Peocianti(393-2222) cc: Public Works Accounting ATTESTED: OCTOBER 26, 2004 Public Works Records JOHN SWEETEN,Clerk of the Board of C.Lau,Engineering Services Grantee(via R/P) Supervisors and County Administrator Recorder(via R/P) Community Development Dept. By Deputy Board orders Clerk Specialist,Adm. RESOLUTION NO. 2004/ 572 Nunn ber 59800 EXHIBIT A Legal Description All that real property situate in the unincorporated area of the County of Contra Costa., State of California, described as follows: All that real property as described in the GRANT DEED from BYRON SEVENTY-EIGHT to CONTRA COSTA COUNTY, apolitical subdivision of the State of California, recorded September 24, 1990, in Boob 16139 of Official Records, at Page 862, Further described as follows: A portion of that parcel of land described in the deed to Byron-Seventy Eight recorded June 30, 1986 in.Boole 12914 at page 288, Official Records of Contra Costa County, California, described as follows: Beginning at the southeasterly corner of said Byron Seventy-Eight parcel(12914 O.R. 288), thence from said point to beginning, along the southerly line of said parcel, said Dine being the northerly right of way lime of State Highway 4, north 89°16'22" west 772.47 feet; thence leaving last said line,north 0°59'07" east 32.11 feet to the_point.of ritersection_with the westerly prolongation of the southerly line of Parcel B as said. Parcel Iva is shown on the snap of "Subdivision 6760 Discovery Bay"filed June 23, 1988 in book 323 of Maps at page 9, Records of said County; thence, along the said westerly prolongation of the southerly Iine of Parcel B (323 M 9), south 89°00'53" east 772.44 feet to a point on the easterly line of said Byron Seventy- eight parcel (12914 O.R. 288), said point being the southwesterly corner of Parcel B (3 23 M 9); thence along the said easterly line(12914 O.R. 288) south 0°56'27" west 28.63 feet to the Point of Beginning. Containing an area of 0.539 acre of land, more or less. Bearing used in the above description are based on the California Coordinate System Zone III (CCS 27). All distances shown are ground distance. K:5PROJEC`fS12000t00028Wocuments%descripticn100026-HWY4-County Parcel to State(161390R862).wpd Number 59800 EXHIBIT A Legal Description All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: All that real property as described in the GRANT DEED frons BYRON SEVENTY-EIGHT to CONTRA COSTA COUNTY, a political subdivision of the State of California, recorded September 24, 1990, in Book 16139 of Official Records, at Page 862, further described as follows: A portion of that parcel of land described in the deed to Byron-Seventy Eight recorded June 30, 1986 in Book 12914 at page 288, Official Records of Contra Costa County, California, described as follows: Beginning at the southeasterly corner of said Byron Seventy-Eight parcel (12914 D.R. 288), thence from said point to beginning, along the southerly line of said parcel, said Liiie being the northerly right of way line of State Highway 4,north 89°16'22" west 772.4.7 feet, thence leaving last said line, north 0°59'07" east 32.11 feet to the point of intersection with the westerly prolongation of the southerly line of Parcel B as said Parcel B is shown on the map of "Subdivision 6760 Discovery Bay"filed June 23, 1988 in book 323 of Maps at page 9, Records of said County; thence, along the said westerly prolongation of the southerly line of Parcel B (323 M 9), south 89°00'53" east 772.44 feet to a point on the easterly line of said Byron Seventy- eight parcel (12914 O.R. 288), said point being the southwesterly corner of Parcel B (323 M 9); thence along the said easterly line(12914 O.R. 288) south 0°56'27' west 28.63 feet to the Point of Beginning. Containing an area of 0.539 acre of land, more or less. Bearing used in the above description are based on the California Coordinate System Zone III (CCS 27). All distances shown are ground distance. K:tPROJECTS12000\00026\Cocumentsldsscription100026-HWY4-County parcel to State(161390R662).wpd LuNUMBER mot� 59800 m Lo —8gx K r.0 i z 0 :5 co wg z > o—� 10" cis Z 0 3::o C; �R 51 1. x Z— �� e "C I P�t. "14 C'a(cNss b� uj CL L) COL= z < 071 1 L 05 n 00 Q mm < V 3.zz,9;.00N > Z Cl m < uo- I t z Lu uj w to 0 s CL W co 00. 0 cc W�-16 Q: 14) IOD o Li to) rol LLI Z CL AIL 0 VV W R 40 200 www Z fZ Do ow ot zzw CL to CZ Lul z Lo to LA n MR uj C) -.) CL V) 0 CL 0 z is ui CL W aci L;ul w0 LL1 'po*9* I tltltltlri/ i+iw�+P Wr�r,tr � —�- �`�y����`�'cc► NUMBER 2 � h 59800 m , OOM It t-m w d Vin c4 t� is J eY t7y Q .dopy- 8S > Zu-2w � r, .+ m00=00 U) n_a CL t ¢ w� zo a. W t a a cr Lo Q5 W ..t Ln � z LQ �' oma cd CN 44 i 00' --- '6�£1 r t t �•.� `.+ �e � Co Off' © w ,-� co a. d � ti. � � Q �` ts�ttt� t Nt`✓J o vj W a- �o Ll) vi W"~") t A 0 CL CL LL v CL �F US CL G3 A W 40 r Record Requested by: State of California When Recorded Return to: State of California Department of Transportation Post Office Box 23440 Oakland, Ca 94623-0440 Attn: George Fernandez Space above this line for Recorder's Use District CountyRoute Post Number GRANT DEED 04 CC 04 45.5 59800 Encroachment Permit#01 —2065 CONTRA COSTA COUNTY, a political subdivision of the State of California, does hereby Grant to the STATE OF CALIFORNIA, all that real prope=rty in the unincorporated area of the County of Contra Costa, State of California, described as follows: For Description SEE EXHIBIT A, attached hereto and made a part hereof. CONTRA COSTA COUNTY DATED: OCTOBER 26, 1004 BY Chair, Board of Supervisors *"4u nber 59800 STATE OF CALIFORNIA County of Contra Costa. ) SS On OCrOBE 26 2004 > before me Emelda L. Sharp, Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared SI3PE VTSOR FEDERAL GLC7VER who is 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 acknowledbed to nye that he/her/their executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instr inent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. By: Date: OCI` BM-26, 2004 Dep ty Clerk (CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 27281) THIS IS TO CERTIFY, That the State of California, grantee herein, acting by and , through the Department of Transportation hereby accepts for public purposes the real property, or interest therein, conveyed by the attached instrument and consents to the recordation thereof. TN WITNESS WHEREOF, I have hereunto set my hand this day of 20 .EFF MORALES DIRECTOR.OF TRANSPORTA'T'ION By R.A. MACPHERSON, Deputy District Director Right of Way and Attorne=y in Fact Minber 59800 EXHIBIT A Legal Description All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: All that real property as described in the GRANT DEED from BYRON SEVENTY-EIGHT to CONTRA COSTA COUNTY, apolitical subdivision of the State of California., recorded September 24, 1990. in Book 16139 of Official Records, at Page 862, further described as follows: A portion of that parcel of land described in the deed to Byron-Seventy Eight recorded June 30, 1986 in Book 12914 at page 288, Official Records of Contra Costa County, California, described as follows: Beginning at the southeasterly corner of said Byron Seventy-Eight parcel (12914 O.R. 288), thence from said point to beginning, along the southerly line of said parcel, said Line being the northerly right of way line of State Highway 4, north 89'1622" west 772.4.7 feet; thence leaving last said line,north 0°5.9'07" east 32.11_.fed_to-the_point_o_f_intersec6onwith the westerly prolongation of the southerly line of Parcel B as said Parcel B is shown on the map of "Subdivision 6760 Discovery Bay„ filed June 23, 1988 in book 323 of Maps at page 9, Records of said County; thence, along the said westerly prolongation of the southerly line of Parcel B (323 M 9), south 89°00'53" east 772.44 feet to a point on the easterly line of said Byron Seventy- eight parcel (12914 O.R. 288), said point being the southwesterly corner of Parcel B (323 M 9); thence along the said easterly line (12914 O.R. 288) south 0°5627" west 28.63 feet to the Point of Beginning. Containing an area of 0.539 acre of land, more or less. Bearing used in the above description are based on the California Coordinate System Zone 111 (CCS 27). All distances shown are ground distance. K:IPROJECTS\2000100026%d=umentcldeacription100026.HWv4-County Parcel 10 State(161390RB82).wpd LIJ NUMBER 59800 m to It LO -i o ze-> co w3zmN�-- 0—< -R X Z03:06 614-t N QL 434jy LLI (f)M IX UJ us M2 < < R > z <Mob 001 43 tea. m U- w 0 00 to rl. 4M it gg kn lk Nvdj 0 CO z na 200 UZI M 0 LAJ Al CL uj CS z iz CII) zi C.L w ij uj 0 wl:6,i - -W NUMBER ����.��ti�,CC1di,�� 59$00 !ii z_lad LC Z O CJS N in— cowzzm¢-O: liEE ., , x ��"+ LAI u z m< f adv 0 zLAJ LOW 0- Lo N 1 rra Jm CL Q) LAJ cS p d Cd I � 061-12 f f .rn �1 S w r. LW Nt� + 1IK 1 f . ::j as t1„ cv t Cl Nd- L o � u W 4d w �W V- � U) v ix to r s� ? 5C moz z wwwr Lu CS w + THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 6, 2004, by the fallowing vote: AYES: SUPERVISORS GIOIA, UIIKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE RESOLUTION NO. 2004/4 ABSTAIN: NONE (Gov. Code § 25526.5) SUBJECT. ADOPT Resolution No. 2004/ 4 approving the conveyance of County interest in Real Property to the State of California in connection with the widening of State Route 4 at Bixler Road,for the development of Subdivision 8455. Portion of Assessor's Parcel No. 091-220-030 & 011-220-031. Discovery Bay Area Project No. 0651-61-073E The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property on September 24, 1990,Series �No. 90-199678, Book 16139 Wage 862, in the Discovery Bay area,described in Exhibit"A° attached hereto, for said project. This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to the State of Caiifomia, pursuant to Government Code Section 25526.5 and the Chair of the Board of Supervisors is hereby AUTHORIZE-D-to execute-the-Grant Deed on behalf of the County in accordance with the terms and conditions of the Contra Costa County Community Development Department Approved Permit for Subdivision 8456, Sandy Cove Clause No. 53 on file in the Public Works Department. The Heal Property Division is DIRECTED to cause said Grant Deed to be delivered to the grantee for acceptance and recording. Contra Costa County completed an Environmental Impact Report (EIR) for Subdivision 8456 in 1992(SCH#90003015).This document covers the road improvements and adequately addresses the conveyance of said property rights. CP:eh 1 hereby certify that this is a true and correct G:\GrpDatatRealPrap12004-1 ileslBOS&RESIBR.2S Bixler Road.doc copy of an action taken and entered on theminutes of the Board of Supervisors on the Orig.Dept.: Public Works(RIP) date shown. Contact: C Peccianti(313-2222) JANUARY 0� 2004+ cc: Public Works Accounting ATTESTED: s Public Works Records JOHN SWEETEN,Clerk of the Board of C.Lau,Engineering Services Supervisors and County Administrator Grantee(via R/P) Recorder(via RIP) gY e- Deputy Community Development Dept. Board Orders Clerk Specialist,Adm. RESOLUTION NO. 2004/ 4 Number 50473-1 EXHIBIT A Legal Description All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: All that real property as described in the GRANT DEED from BYRON SEVENTI'-EIGHT to CONTRA COSTA CC1U=, apolitical subdivision of the State of California, recorded September 24, 1990, in Book 16139 of Official Records, at Page 862, further described as follows: A portion of that parcel of land described in the deed to Byron-Seventy Eight recorded June 30, 1986 in Boob 12914 at page 288, Official Records of Contra Costa County, California, described as follows: Beginning at the southeasterly comer of said Byron Seventy-Eight parcel (12914 O.R. 288), thence from said point to beginning, along the southerly line of said parcel, said Line being the northerly right of way line of State Highway 4,north 89°1622" west 772.47 feet; thence leaving last said line, north 0°59'07" east 32.11 feet to the point of intersection with the westerly prolongation of the southerly line of Parcel B as said Parcel B is shown on the map of "Subdivision 6760 Discovery Bay," filed June 23, 1988 in book 323 of Maps at page 9, Records of said County, thence, along the said westerly prolongation of the southerly line of Parcel B (323 M 9), south 89°00'53" east 772.44 feet to a point on the easterly line of said Byron Seventy- eight parcel (12914 O.R. 288), said point being the southwesterly comer of Parcel B (3 23 M 9); thence along the said easterly line(12914 O.R. 288) south 0°5627" west 28.63 feet to the Point of Beginning. Containing an area of 0.539 acre of land, more or less. Bearing used in the above description are based on the California Coordinate System Zone III (CCS 27). All distances shown are ground distance. ,p No.5 9 K.IPROJECTS12000\00026\i=jmentstdersaription100026-HWY4-Couniy Parcel to Stale(16139OR662).wod Recording Requested By: When Recorded Return to: State of California Department of Transportation P. d. Sox 23440 Oakland, CA 94623-0440 Attn: Vernia Smith SPACE ABOVE THIS LINE FOR RECORE59R'S USE District Cour Route Post Mile Number 04 CC 04 45.5 50473-1 Encroachment Permit#01 -2065 RIFT GEED Contra Costa County, a political subdivision of the State of California, GRANTS to the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, all that real property in the unincorporated area of the County of Contra Costa, State of California, described as follows: FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A DART HEREOF, CONTRA COSTA COUNTY Gated JANUARY 06, 2004 By Chair, Board of Supervisors G:\GrpDatalRealPropt2003-FiiesiO3-12tDE2 State of Cafifornia.doc 12/23/03 Number ] 50473 - 1 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) JANUARY 06 2004 On before me Emelda L. Sharp, Cie ut Clerk of the Board of Supervisors, Contra Costa County, personally appeared sftRvfSOR MARK DeS At , who is 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. By:_ /&�(� -- Date: JANUARY 06, 2004 > uty Berk p Y THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2001. By Director of Transportation Attorney in Fact G:\GrpData\RealProp\2003-Fiies\03-12\DE2 State of Caiifomia.doc 12129/03 2 Number 50473-1 EXHIBIT A Legal Description All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as fellows: All that real property as described in the GRANT DEED from BYRON SEVENTY-EIGHT to CONTRA COSTA COUNTY`, apolitical subdivision of the State of California, recorded September 24, 1990, in Book 16139 of Official Records, at Page 862, further described as follows: A portion of that parcel of land described in the deed to Byron-Seventy Eight recorded June 30, 1986 in Book 12914 at page 288, Official Records of Contra Costa County, California., described as follows: Beginning at the southeasterly corner of said Byron Seventy-Eight parcel (12914 D.R. 288), thence from said point to beginning, along the southerly line of said parcel, said Line being the northerly right of way line of State Highway 4, north 89'16`22" west 772.47 feet; thence leaving last said line,north 0°59'07" east 32.11 feet to the point of intersection with the westerly prolongation of the southerly line of Parcel B as safd Rareel B is shown on the reap of "Subdivision 6760 Discovery Bay" filed June 23, 1988 in book 323 of Maps at page 9, Records of said County; thence, along the said westerly prolongation of the southerly line of Parcel B (323 M 9), south 89°00'53" east 772.44 feet to a point on the easterly line of said Byron Seventy- eight parcel (12914 O.R. 288), said point being the southwesterly corner of Parcel B (323 M 9); thence along the said easterly line(12914 O.R. 288) south 0°56'27" west 28.63 feet to the Point of Beginning. Containing an area of 0.539 acre of land,more or less. Bearing used in the above description are based on the California Coordinate System Zone 111 (CCS 27). All distances shown are ground distances ' K:1PROJECTS12MO\0002"ocumentsldescr4ption10002E-HWY4-county Parte#to State(I613WR862).wpd TO: BOARD OF SUPERVISORS ice FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 26, 2004 SUBJECT: RESCIND the Board of Supervisors adoption of Resolution No. 2004/4 on January 6, 2004 approving the conveyance of County interest in Real Property to the State of California, ADOPT Resolution approving the Conveyance of County interest in Real Property to the State of California in connection with the widening of State Route 4 at Bixler Road for the development of Subdivision 6456; Portion of Assessor's Parcel No. 011-220-030 & 011-220-069. Discovery Bay Area. District Ill. Project No. 0651-61-073E SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND,JUSTIFICATION I. Recommended Action: A. RESCIND the Board of Supervisors adoption of Resolution No. 2004/4 on January 6, 2004 approving the conveyance of County interest in Real Property to the State of California. B. ADOPT Resolution approving the conveyance of County interest in Real Property to the State of California in connection with the widening of State Route 4 at Bixler Road, for the development of Subdivision 8456. C. DETERMINE property rights to be no longer necessary for County purposes. D. APPROVE and AUTHORIZE the conveyance of said property rights to the State of California Continued can Attachment: X SIGNATURE: — 1=COMMENDATION OF COUNTY ADMINISTR RECOMMENDATION OF BOARD COMMITTEE ,APPROVE OTHER SIGNA'TIJRE(S):� " --- ACTION=SUPISORS }BER 2E,?{ 04 APPROVED AS RECOMMENDED�OTHER VOTE xx UNANIMOUS(ABSENT NONE } AYES: NOES: ABSENT: ABSTAIN: l hereby certify that this is a true and correct csp:eh copy of an action taken and entered on the G:1GrpData\RealProp\2004-Files\BOS&RES\BO Bixler 102604.doc minutes of the Board of Supervisors on the Div: Public works(R/P) date shown. Recording to be completed by the State of California ATTESTED OCTOBER26. 2004 Contact: Carmen Pina-Sandoval(313-2306) JOHN SWEETEN,Clerk of the Board of cc: County Administrator Supervisors and county Administrator Auditor-Controller(via R/P) P.W.Accounting By �- Deputy Subject: RESCIND the Board of Supervisors adoption of Resolution No. 2004/4 on January 6, 2004 approving the conveyance of County interest in Real Property to the State of California; ADOPT Resolution approving the Conveyance of County interest in Real Property to the State of California in connection with the widening of State Route 4 at Bixler Road for the development of Subdivision 8456; Portion of Assessor's Parcel No. 011-220-030 & 011-220-031. Discovery Bay Area. District i l 1. Date: October 26, 2004 Page: 2 1. Recommended Action: (Continued) E. AUTHORIZE the Chair of the Board of Supervisors to execute the Grant Deed on behalf of the County in accordance with the terms and conditions of the Contra Costa County Community Development Department Approved Permit for Subdivision 8456, Sandy Cove Clause No. 53 on file in the Public Works Department. 11. Pinanciallmpact: None. 111. Reasons for Recommendations and Black rp Bund: The Board approved Resolution 2004/4 on January 6, 2004 approving the conveyance of interest in Real Property to the State of California and staff then sent the documents to the State of California. Department of Transportation for their acceptance and recordation. The State did not accept the documents and returned them to the County for additional information to be included in the documents. The County acquired certain real property on September 24, 1990, Series No. 90-195678, Book 16139 Page 862, in the Discovery Bay area, described in Exhibit "A" attached hereto, for said project. State Route 4 widening at Bixler Road is completed and the property is now part of the State of California Department of Transportation Highway System. Transferring title to the State will relieve the County of any further responsibility for the property. IV. Consequences of Negative Action: The County will be responsible for the maintenance and care of the property.