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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-640 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,CALIFORNIA Adopted this Resolution on December 7, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA., GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 640 Deerings Water Code,Uncodified Acts Act 1.656 § 31 West's Water Code, Appendix 64-31 Government Code § 25526.6 SUBJECT: ADOPT Resolution No. 2004/ 640 approving the lease of real property from. the Contra Costa County Flood Control and Water Conservation District to the State Route 4 Bypass Authority, in connection with the State Route 4 Bypass—Segment 1 project. Antioch Area. District V Project No.4660-6.X4445 The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: Contra Costa County Flood Control and Water Conservation District acquired approximately 61.6 acres of real property in the Antioch area. The State Route 4 Bypass Authority desires to lease those two parcels of property described in Exhibits "A-I" and "A-2," and shown on Exhibit "B" attached hereto, totaling 27.12 acres, in connection with the State Route 4 Bypass — Segment 1 project. This Board FINDS that the lease of such real property to the Bypass Authority is in the public interest and will not substantially conflict or interfere with the District's use of the remaining property. This Board hereby APPROVES and AUTHORIZES the lease of such real property described in Exhibit "A-1" and"A-2"and shown on Exhibit"B"attached hereto,to the State Route 4 Bypass Authority,pursuant to the above-referenced statutory authorities, and the County's Chief Engineer is hereby AUTHORIZED to execute a groundlease on behalf of the District in consideration for the payment received in full in the amount of$6,219,056. The Real Property Division is DIRECTED to cause said groundlease to be delivered to the State Route 4 Bypass Authority, as lessee. KL:DRA:eh G:\GrpData\RealProp\Dick\SR4Bypass\112204Authority Lease Res E hereby certify that this is a true and correct Orig.Dept.: Public Works(RIP) copy of an action taken and entered on the Contact: Dick R.Awenius,313-2227) minutes of the Board of Supervisors on the CC; Public Works Accounting date shown. Public Works Records Grantee(via R/P) ATTESTED: DFC`,EMER 07'1- Recorder(via R/P) JOHN SWEETEN,Clerk of theoE3 a Community Development Dept. Supervisors and county Administrator Dale Dennis,State Route 4 Bypass Authority(via RJP) Board Orders Clerk Specialist,Adm. By Deputy RESOLUTION NO. 2004/ 640 ` CbNTRA' OSTA CANAL CTE MOBIL ACCESS 9415538+1 POC 932_60'-- _ �ypL L AND DETAIL ;,�24 , �;�````00 ESMT A '6• � ,�� d Scott Shortlidge L28 �j 4,f�p Exp. 12/31/2006 C} .' t ','• EASTERLY RENWNDER ,s� j)/_`� �c Ajy �yd / ! .gr.1 � f- `�0 NV. 6441 p '0" AREA$3235 ACRES LU PP. of C 0 �u ------ -- --��,, - ,, �� L24 z C. - L32 t2g L23 POC WESTERLY REMAINDERLSD t'd� � L 3� C? AREA t3112 ACRES 0 C� Ep1 �� L30 0 7- y FE6ETAKE Ke * 036EACRES UTILITY ESM 60)013.4 0.88 ACRES trc+ �s -_/___ * 0.07 ACRES r- <� N53'0-7'42"E DETAIL - NTS cP � � _� Course Bearing Distance � ��'. � �� -_�-' `, J+ ° 53 38.40' L1 S 69'38 40 E 222.89 238.40' L2 S 29'31 49 E 212.05 �� POB L3 S 26'45 36 E 216.36 �x 600W q� `'s`,l 552'33'34"W L4 S 35'05'00' E 398.64 -� t� 187.29 LS S 45'20 44 E 284.67 ti� •� L6 S 40'38'05" E 210.04 L7 N 40'38'05" W 52.55 a� ' 7 CCC.FLOOD CONTROL L8 N 52'33'34" E 68.89 �n n �' do WATER CONSERVATION L9 N 27`17'11" W 90.94' �(,�, ,ft"°� DISTRICT L10 S 17"33'22" E 628.67' x , '13838 OR 552 L11 S 20'3€'47" = 201.20' 4- 053.060.009 L12 S 25'53'09" E 66.71' 1 N79'06'47"E`t L13 S 12'44'45 E 64.24' tSry,. 142.08' L14 S 23'51'34" E 63.04' o o- , L15 N 88'04'19 W 86.39' N10'53'13"W L16 N 26'6140 W 285.79 ' =N79 � L17 N 16'45'56" W 68.75 PC)B L18 N 32'5141 W 66.04 --- 39 3%' ` L19 N 36'51 41 W 269.9E LANDS C3E MATERS 20.15---- "" L20 N 76'.21'060 E 126.69 16517 OR 613 L21 N 2345'36" W 494.14 STORM L7RAIN 57 4 L22 N 28' 0 W 1`74.21 05 •060.015 EW T tO.06 ACRES`l L23 IN 31'09 28 W 85.02 L24 N 2723'20" W 147.02 LEGEND L25 N 37`26 2& W 137.80' ' L26 N 52'33'34' E 118.47 POC s POINT OF COMMENCING r� L27 N 33'21'03" W 41.07 POB - POINT OF BEGINNING L28 N 44'02 06 E 68.03 TCE - TEMPORARY CONSTRUCT10N EASEMENT �> r L29 N 7$'21 72"E 292.02' I 1 J i i RELINQUISHMENT OF ABUTTERS RIGHTS L30 N 89'38d40"W 41.33 C L31 N 76'21'12"E 347.92Curve Radius Length Delta w L32 N 44"02'06 E 18.70 g L33 N 51'06'32"W fi4.89' C1 590.26 243.59'123,3Y4.1 C2 156.45 160.37 58'43'50" L15 Mark ROUTE 4 BYPASS Thomas & I CONTRA COSTA COUNTY In Centra Costa Company, FLOOD CONTROL County, California Inc. Scale 1" = 300' EXHIBIT "A-1" Date 27-Apr-2004 Plat to Accompany Legal Description �y Drawn By AMR P Y 91 ( f 15/2 0+...i 4 Checked By SAS APN 053-060-009 Y:\SURVEYS\Projects\8198042\bra win gs\plats for aquisition\06--a Flood Control.dwg N88_48'1O�E � � LAN& 62.26' t 60013.8 t 10.42 AC NOl'12'31'E t TCE t Scott Shortlidae 7s.3O' t Exp. 12/31/2006 POE No. 6441 itt orf OF 4 t LEGEND I CCL POC = POINT OF COMMENCING t POB a POINT OF BEGINNING U tt TCE ` TEMPORARY CONSTRUCTION EASEMENT t ` I I I I - RELINQUISHMENT OF ABUTTERS RIGHTS \ CJy 0 too 200 904 \\ :' SCALE — FEET LO CCC - FLOOD CONTROL &. WATER CONSERVATION DISTRICT 18 179 OR 293 �\ 053.072.010 Line Bearing Length Ll N 29'53'05"w 45.48' L2 N 60*06'55"E 15.05' L3 N 01"12'31 'E 241.92 L4 N 32'45'46"W 80.30' N 4 ' 4'4 "W 48.87' CP-O. L6 N 59'10'56"E 139.91` \ U` \\ N59'10'56"E 10.64' �L \ RELINQUISHMENT of ADDITIONAL ABUTTERS 60 -' P. RIGHTS FEE TAKE L3 10.31 AC POB M TAKO RONALD E NUNN POC ` � `, DOC NO. 82-72271 APN 0253-0272.015 11orl & ROUTE 4 BYPASS Thomas In Contrc Costa Company CONTRA COSTA COUNTY County, California Inc FLOOD CONTROL Scale 1" = 100' EXHIBIT "A-211 Date 29—June-2004 nti i Legal D Le an Acco Plot t ao Accompany gescrpo Drown By KGS pl11 / 15 /2004 Checked By SAS APN 053-072-010 Y:\SURVEYS\Projects\81-98042\Drowings\plcts for aquisition\06-6 Fiooc Controi.dwg State Route 4 Bypass Segment 1 Parcel 60013 Exhibit " Land Description(s) of three parcels of land situate in the City of Antioch, Contra Costa County, State of California; Parcel 1 being a portion of that certain parcel of land described in a Grant Deed conveyed to Contra Costa County Flood Control and Water Conservation District recorded August 14, 1987 in Book 13838, at Page 552 in the Official Records of said County, and Parcel's 2 and 3 being portions of that certain parcel of land described as Parcel 1713.1 in a Grant Deed conveyed to Contra Costa County Flood Control and Water Conservation District recorded January 5, 1993 in Book 18179, at Page 299 in the Official Records of said County; same parcels being more particularly described as follows: Parcel1 (60013-1)t Fee Property for Highway(CCC Flood Control WCD): Commencing at the northeast corner of said County parcel; Thence along the north line of the County parcel, North 89° 38' 40"West-932.60 feet for the Point of Beginning hereof; Thence leaving said north line of and crossing through the County parcel for the following sixteen (16) courses: (1) South 31° 09' 28" East - 85.02 feet for the beginning of a curve to the right, from which point the center bears South 01° 44' 20" West, (2) in a southeasterly direction 160.37 feet along the arc of said curve to the right, having a radius of 156.45 feet and through a central angle of 58° 43' 50", (3) South 29° 31' 49" East - 212.06 feet, (4) South 26° 45' 36" East - 216.36 feet, (5) South 35° 05' 00" East- 398.64 feet, (6) South 45°20' 44" East--284.67 feet, (7) South 40° 38' 05" East - 210.04 feet, (8) North 52° 33' 34" East - 68.89 feet; (9) South 37* 26' 26" East - 137.80 feet, (10) South 52° 33' 34" West - 118.47 feet, (11) South 27 17' 11" East - 90.94 feet, (12) South 17° 33' 22" East- 628.67 feet, (13) South 20° 06' 47' East- 201.20 feet, Page 1 of State Route 4 Bypass Segment I Parcel 60013 (14) South 25° 53' 09" East — 66.71 feet, (15) South 120 44' 45" East -- 64.24 feet, and (16) South 23° 51' 34" East — 63.04 feet to the intersection with the south line of the said County parcel; 'Thence along the south line of the county parcel, North 88° 04' 19" "gest— 86.39 feet to the south west corner of the said County parcel; Thence along the west line of the County parcel for the following two (2) courses: (1) North 42° 06' 40"West— 1513.56 feet, and (2) North 28° 57' 40" West—285.79 feet for the beginning of a curve to the left, from which point the center bears North 83°07' 13" West; "Whence leaving the west line of and crossing through the County parcel for the following five (5) courses. (1) in a northerly direction 243.59 feet along the are of said curve to the left, having a radius of 590.26 feet and through a central angle of 23° 38' 43", (2) North 16°45' 56" West— 68.75 feet, and (3)North 32° 14' 04"West —60.04 feet, (4)North 51° 06' 32" West — 64.89 feet, (5) North 23° 45' 38" West — 494.14 feet to the point of intersection with the southerly line of the that certain Grant of Easement to the Oakley 'hater District recorded on January 30, 1989 as Document No. 89-16898 in the Official Records of said County; Thence along the southerly line of said easement and continuing across the County parcel, North 44° 02' 06" East — 68.03 feet; Thence leaving said southerly easement line and continuing across the County parcel, North 27° 23' 20" West -- 147.02 feet to the point of intersection with the said north line of the County parcel; Thence along the north line of the County parcel, South 89° 38' 40" East—222.89 feet to the Point of Beginning. Containing 24.51 acres of land area, more or less. This conveyance is made for the purposes of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights appurtenant to grantor's remaining property in and to said freeway. Page 2 of 4 State Route 4 Bypass Segment I Parcel 60013 Parcel 2 (60013-3)/.Lee PropeM for HiLyhway(CCC Flood Control WCD): Commencing at the southwest comer of said County parcel; Thence along the south line of the County parcel, North 59' 10' 56" East— 139.91 feet for the Point of Beginning hereof, Thence leaving the south line of and crossing through the County parcel for the following three (3) courses: (1) North 29' 53' 05" West —45.48 feet, (2) South 60' 06' 55" West— 15.05 feet; and (3) North 29' 51' 11" West — 159.40 feet to the point of intersection with the west line of said County parcel; Thence along the west line of said County parcel, North 01' 12' 31" East — 519.45 feet; Thence across the County parcel, South 281 46' 50" East — 645.90 feet to a southerly comer of said County parcel; Thence along the south line of the County parcel, South 59* 10' 56"West—240.89 feet to the Point of Beginning. Containing 2.51 acres of land area,more or less. This conveyance is made for the purposes of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights appurtenant to grantor's remaining property in and to said freeway. Parcel 3 (60013-6) /Abutter's Rjp_bo(CCC Flood Control WCD): The grantor hereby releases and relinquishes to the grantee- any and all abutter's rights including access rights appurtenant to grantor's remaining property in and to said freeway along the following described line: Page 3 of 4 State Route 4 Bypass Segment 1 Parcel 60013 Beginning at the southerly terminus of the above described line taken as South 28° 46' 50" East -- 645.90 feet, same terminus point being a southerly comer of the said County parcel; Thence along the south line of the County parcel, South 28° 44' 50" East v-235.15 feet to a south corner of the same County parcel. Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3. Multiply distances shown by 0.99993642 to obtain grid level distances. This description has been prepared at Marr Thomas & Company, Inc., by me, or under my direction, in conformance with the Professional Land Surveyor's Act. FAP. ` O Scott Shortlidge Date N.e 6441 Professional Land Surveyor CALNfp � California No. 6441 Page 4 of 4 TO: BOARD 4F SUPERVISORS, as the Governing Body of the Contra Costa County Mood Control and Water Conservation District FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: December 7, 2004 SUBJECT: Groundlease between the Contra Costa County Flood Control and Water Conservation District and the State Route 4 Bypass Authority, Antioch Area. District V. Project No. 4000-6X4445 Task: ACQ Account No. 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION j, Bar„Qr Mfi d Action: APPROVE the groundlease between the Contra Costa County Flood Control and Water Conservation District (District) and the State Route 4 Bypass Authority (Authority)for land owned by the District, allowing for the Authority's completion of State Route 4 Bypass road improvements; and AUTHORIZE the County's Chief Engineer, or his designee, to execute that groundlase on behalf of the District, once a Memorandum of Understanding between the Flood Control District and the City of Antioch has been approved by the City of Antioch. Real property transactions between two public agencies under the threat of condemnation are ministerial acts and are therefore statutorily exempt from CEQA, pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15268. !!. EinannjalImpact: The Lease provides that the Authority will pay the District $6,219,056, plus interest. The payment will either be as rent for the lease of the premises, or for the purchase of the property by the Authority, and will be paid at any time during the five-year term of the lease as determined by the Authority. The funds will bedap site in Floo trot District Drainage Area 56. Continued on Attachment:_X_-, SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR R OMMENDATION OF BOARD COMMITTEE +.ApPROV OTHI=R SIGNATIJRE s : ACTION OF R A D ON APPROVED AS RECOMMENDED..XX_OTHER DECEMBER. 0 2004 VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT NONE ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the DRA:eh date shown. G:\GrpDatalRealPrc>p12004-FiiestBOS&RES\1 t 17041-ease BrdOrd.doc ATTESTED: DECEMBER. 07, 2004 Orig. Liv. Public Works (R/P) JOHN SWEETEN,Clerk of the Board of Contact: Click Awenius (313-2227) Supervisors and County Administrator Cc: Auditor-Controller(via R/P) Dale Dennis,SR4 Bypass Authority By Deputy P.W.Accounting ] Recorder(via R/P) Board Orders Senior Clerk,Adan. SUBJECT: Groundlease between the Contra Costa County Flood Control and Water Conservation District and the State Route 4 Bypass Authority DATE: December 7, 20104 PAGE: Page 2 111. Ra-a-gen:for Re _ommandattions and BackgMlind: The Flood Control District originally bought a large parcel of property in Antioch to be used for flood control purposes, including the construction of a floodwater detention basin, and other flood control improvements benefiting the East Antioch Creek Watershed in the City of Antioch. Portions of that property were to be sold, with the proceeds to be used by the District to pay for those flood control improvements in the watershed. The State Route 4 Bypass Authority requires two parcels of the District's land, comprising approximately 27.12 acres, to complete the State Route 4 Bypass in that area. The Authority prefers to lease the land for a five-year term, beginning December 1, 2004 and ending November 30, 2009, and to make one rental payment of $6,219,056, plus interest, during that term. The Lease also includes a purchase option whereby the Authority may purchase the property from the District, at which time a purchase payment will be made in lieu of rent. The District will not have the use of those funds to construct certain flood control improvements benefiting the City of Antioch until the District receives the above funds from the Authority. The District will be entering into a Memorandum of Understanding with the City of Antioch wherein the District and the City of Antioch mutually acknowledge that the District will not have use of the funds necessary to complete all of the flood control improvements until the District receives those funds from the Authority. IV. Cn.5ficl '�x"►ras of Nagtiye Action: The Lease will not be executed, and the Bypass Authority will not have the land necessary to complete the construction of the State Route 4 Bypass.