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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-641 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, GREMERG, DESAULNIER AND GLOVED NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/ 641 Deerings Water Code,Uncodified Acts Act 1656 § 31 Nest's Water Code, Appendix 64-31 Government Code § 25526.6 SUBJECT: ADOPT Resolution No.2004/641 approving the conveyance 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.4660-6X4445 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 acquire two portions of that property totaling 1.19 acres, and easements, described in Exhibit "A" attached to the Grant Deed hereto, in connection with the State Route 4 Bypass-Segment 1 Project. This Board FINDS that the conveyance of such real property is in the public interest and will not substantially conflict or interfere with the District's use ofthe remaining property. This Board hereby APPROVES and AUTHORIZES the conveyance of such real property described on Exhibit "A" attached to the Grant Deed hereto, to the State Route 4 Bypass Authority, pursuant to the above- referenced statutory authorities,and the Chair,Board of Supervisors,is hereby AUTHORIZED to execute a Grant Deed on behalf of the District in consideration for the payment received in full in the amount of$440,000. The Real Property Division is DIRECTED to cause said Grant Deed to be delivered to the State Route 4 Bypass Authority, as grantee. KL:DRA:eh G:\GtpData\RealProp\2004-Files\BOS&RES\112204Authority.88ac Res.doc I 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 Warks Accounting date shown. Public works Records ATTESTED: DEOEN1 ER 07, 2004 Grantee(via R/P) JOHN SWEETEN,Clerk of the Board of Recorder(via R/P) Supervisors and Cty Ad inistrator Community Development Dept. {� State Route 4 Bypass Authority(via R/P) By Deputy Board Orders Clerk Specialist,Adm. RESOLUTION NO. 2004/ 641 Recording Requested By: State Route 4 Bypass Authority When Recorded Return to: Contra Costa County Public Works Department 255 Glacier Dr. Martinez, CA 94553 Attn: Olivia D. Reynolds SPACE ABOVE?H15 LINE:FOR RECORDER'S USE Portion of APN 053-0172-010 & 053-060-009 Title Company Order No. 615-5657 District County Route Project No, 4 CC SR4 Bypass 4660-6X4445 GRANT DEED For Value Received, the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, as grantor, GRANTS to the STATE ROUTE 4 BYPASS AUTHORITY, a joint powers agency, as grantee, the following described real property in the City of Antioch, County of Contra Costa, State of California. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands hereby conveyed in fee, and the grantor, for itself, its successors and assigns, hereby waives any claims for any and all . . damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this 7th day of DECEMER , 2004. CONTA COSTA COUNTY FLOOD CONTROL and WATER CONSERVATION DISTRICT By ITir, Board of Supervisors ATTACH APPROPRIATE ACKNOWLEDGEMENT GAGrpDat2\Rea1Prop\Dick\State Rte 4 Bypass\111804FCD-Bypass GrantDeed.doc 11/17/04 State Route 4 Bypass Segment 1 Parcel 60013 Exhibit " A " Land Description(s) of six parcels of land situate in the City of Antioch, Contra Costa County, State of California; Parcels 1 thru 4 being portions 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 Parcels 5 and 6 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 Record of said County; same parcels being more particularly described as follows: Parcel I—#0(113-21 C Fee Property for Hi hwtt CCC Flood Control WCD Commencing at the northwest comer of said County parcel; Thence along the west line of the County parcel, South 36° 51' 41" East— 830.02 feet for the Point of Beginning hereof; 'Thence leaving the west line of and crossing through the said County parcel for the following five (5) courses; (1) North 76° 21' 06" East -- 126.69 feet, (2) South 510 06' 32" Bast — 64.89 feet, (3) South 32° 14' 04"East—60.04 feet, (4) South 16°45' 56"East—68.75 feet to the beginning of a curve to the right, from which point the center bears South 73° 14' 04" West, and (5) in a southerly direction 243.59 feet along the arc of said curve to the right, having a radius of 590.226 feet and through a central angle of 23° 38' 43" to the point of intersection with the west line of the County parcel; Thence along the west line of the Country parcel for the following two (2) courses; (1) North 28° 57' 40" West— 174.21 feet and (2)North 36" 51' 41" 'gest—269.98 feet to the Point of Beginning. Containing 0.88 acres of land area,more or less. Page 1 of 5 State Route 4 Bypass Segment 1 Parcel 60013 1 Parcel 2 f60013-4)1 Utility Easement(CCC Flood Control WCD): Commencing at a corner in the southerly and easterly lines of, same being at the westerly terminus of the course called South 89° 38' 45" East — 143.00 feet as described in the certain Grant of Easement to the Oakley Water District recorded March 09, 1990 in Book 15707, at Page 945 in the Official Records of said County, same easement limits described in an agreement between the Oakley Water District and Pacific Gas and Electric recorded on April 25, 1990 in Book 15811, at Page 82 of said Official Records; Thence along the said easterly line South 440 02' 06" West — 66.39 feet for the Point of Beginning hereof; Thence leaving said south line and across the said County parcel, North 76° 21' 12" East — 292.02 feet to the point of intersection with the said south line of the said Grant of Easement; Thence along said south line, South 89° 38' 40" East — 41.33 feet; Thence leaving said south line and across the County parcel, South 76° 21' 12"East—347.92 feet to the point of intersection with the said easterly line of said Grant of Easement; Thence along said easterly line, North 44°02' 06"East-- 18.70 feet to the Point of Beginning. Containing 0.07 acres (3200 sq. ft.) of land area,more or less. Parcel 3''(60413-5) 1 Storm Drainage Easement(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; 'Thence leaving said north line of and Page 2 of 5 State Route 4 Bypass Segment 1 Parcel 60013 crossing through the County parcel for the following twelve (12) courses: (1) South 318 09' 28" East — 85.02 feet for the beginning of a curve to the right, from which point the center bears South 018 44' 20"West, (2)in a southeasterly direction 160.37 feet along the are of said curve to the right,having a radius of 156.45 feet and through a central angle of 588 43' 50", (3) South 298 31' 49"East—212.06 feet, (4) South 268 45' 36"East—216.36 feet, (5)South 358 05' 00" East-- 398.64 feet, (6) South 458 20' 44" East—284.67 feet, (7) South 40° 38' 05" East— 210.04 feet, (8)North 528 33' 34" East— 68.89 feet; (9) South 378 26' 26"East— 137.80 feet, (10) South 528 33' 34"West— 118.47 feet, (11)South 27817' 11"East—90.94 feet, (12) South 178 33' 22"East — 401.36 feet for the Point of Beginning hereof; Thence continuing across the County parcel for the following four (4) courses: (1) North 798 06' 47" East — 142.08 feet, (2) South 10° 53' 13" East— 20.01 feet, and (3) South 798 06' 47" West -- 139.73 feet, and (4) North 17° 33' 22" West—20.15 feet to the Point of Beginning. Containing 0.06 acres of land area,more or less Parcel 4(60013-7) /Temporary Construction Easement(CCC Food Control WCID1: A temporary construction easement to terminate on December 31, 2007 for highway construction purposes, and incidents thereto, upon, over and across said County parcel and being more particularly described as follows: Commencing at the northeast corner of said County parcel; Thence along the north line of the County parcel, North 898 38' 40" West — 932.60 feet; Thence leaving said north line of and crossing through the County parcel for the following seven (7) courses: (1) South 318 09' 28" East — 85.02 feet for the beginning of a curve to the right, from which point the center bears Page 3 of 5 Mate Route 4 Bypass Segment 1 Parcel 64013 South 014 44' 20"'West, (2)in a southeasterly direction 150.37 feet along the are 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 264 45' 36"Bast-216.36 feet, (5) South 354 05' 00"Bast- 398.64 feet, (6) South 454 20' 44" East- 284.67 feet, (7) south 404 38' 05" East- 157.50 feet for the Point of Beginning hereof, Thence continuing across the County parcel for the following eight(8)courses: (1)North 534 07' 42"East- 132.29 feet,(2) South 37' 26' 26"East - 238.40 feet, and (3) South 524 33' 34" West-- 187.79 feet, (4)North 27° 17' 11" West-50.23 feet, (5) north 524 33' 14" East - 118.47 feet, (6) North 374 26' 26" West - 137.80 feet, (7) South 524 33' 34"West--68.89 feet, and (8) North 404 38' 05" West-52.55 feet to the Point of Beginning. Containing 0.56 acres of land area,more or less. Parcel'5160013-8V Tern ora Construction Easement CCC Flood Control WCD): A temporary construction easement to terminate on December 31,2007 for highway construction purposes, and incidents thereto, upon, over and across said County parcel and being more particularly described as follows. Commencing at the southwest corner of said County parcel; Thence along the west line of the County parcel, North 014 12' 31" East--761.37 feet for the Point of Beginning hereof; Thence continuing along the west line of the County parcel, North 014 12' 31" East - 76.30 feet, Thence leaving the west line of and crossing through the County parcel for the following seven (7) courses. (1)North 884 48' 10"East-62.20 feet, (2)South 08'21' 40"East-236.58 feet, (3) South 334 21' 40"East- 101.51 feet, (4) South 254 59' 04"East- 165.12 feet, (5) South 284 44' Page 4 of 5 State Route 4 Bypass Segment I Parcel 60013 20" East— 194.98 feet, (6) South 59° 10' 56" West— 10.64 feet, and (7) North 28'46' 50"West —645.90 feet to the Point of Beginning. Containing 0.42 acres of land area,more or less. Parcel 6 (60013-9)'Fee Proper T Flood Control WCD): ty for Highway(CC Commencing at the southwest comer of the said County parcel, Thence along the west line of the County parcel, North 010 12' 31" East — 241.92 feet; Thence leaving the west line of and crossing through the County parcel for the following three (3) courses: (1) South 29, 51' 11" East — 159.40 feet, (2) North 60' 06' 55" East — 15.05 feet, and (3) South 29' 53' 05" West --- 45.48 45.48 feet to the point of intersection with the south line of the County parcel; Thence along the south line of the County parcel, South 59' 10' 56"West— 139.91 feet to the Point of Beginning. Containing 0.31 acres of land area,more or less 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 Mark Thomas & Company, Inc., by me, or under my direction, in conformance with the Professional Land Surveyor's Act. Scott Shortlidge Date Professional Land Surveyor K 6441 California No. 6441 Page 5 of 5 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: MAUR.ICE M. SWU, CHIEF ENGINEER MATE: December 7, 2004 SUBJECT: Sale of Real Property by the Contra Costa County Flood Control and Water Conservation District to the State Route 4 Bypass Authority, Antioch Area. District V. Project No. 4660-6X4445 Task: ACID Account No. 3540 SPECIFIC REQUEST(5)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATnON 1. Recommended Action: APPROVE the Right of Way Contract and Grant Deed conveying a total of 1.19 acres of real property owned by the Contra Costa County Flood Control and Water Conservation District (District), a utility easement, a storm drainage easement, and two temporary construction easements, to the State Route 4 Bypass Authority (Authority) for the amount of $440,000; and AUTHORIZE the County's Chief Engineer, or his designee, to execute the Right of Way Contract and, and AUTHORIZE the Chair, Board of Supervisors, to execute the Grant deed on behalf of the District. 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. 11. Financial Impapt: The Bypass Authority will pay the Flood Control District $440,000 for the above real property. Those funds will be deposited in Flood Control District Drainage Area 56. Continued on Attachment: X SIGNATURE: ECOMMENDATiON OF COUNTY ADMINISTRAT R RECOMMENDATION OF BOARD COMMITTEE .-AP'PROVE OTHER SIGNATURE{u}. _ y ACTION OF D ON APPROVED AS RECOMMENDED xx OTHER DECE OBER r`0 2004 VOTE OF St +EWSORS xx UNANIMOUS=ABSENT NONE ) 1 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:\GrpData\RealProp\2004-Files\BOS&RES\111804.88Acte FinalBrdOrd.doc ATTESTED: DFCE � ( �+ Orig.Div. Public Works(RIP) Contact:Dick Awenius {313-2227} JOHN SWEETEN,Clerk of the Board of cc: Auditor-Controiier(via RIF') Supervisors and County Administrator P.W.Accounting Dale Dennis,SR4 Bypass Authority By o.-- Deputy Recorder(via RIP) Board Orders Senior Clerk,Adm. SUBJECT: Sale of Real Property by the Contra Costa County Flood Control and Water Conservation District to the State Route 4 Bypass Authority. DATE: December 7, 2004 PAGE: 2 Ill. Reasons for Recommendations and Background: 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. The Authority desires to acquire, and the Flood Control District desires to sell, one .88-acre parcel of land, one .31-acre parcel of land, a utility easement, a storm drainage easement, and two temporary construction easements for a total value of$440,000. IV. Consqguenees of Negative Action: Neither the Purchase and Sale Agreement nor the Grant Deed will be executed, and the land, and easements, will not be sold to the Bypass Authority.