Agenda

Return

C. 4

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	June 11, 2019

Contra

Costa

County

Subject:

APPROVE the Conveyance of Excess Right of Way to Gurshamjeet Cheema, Premnauth and Uma Persaud, and Susan E. Taber, Antioch area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 06/11/2019

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Jann Edmunds, 925. 957-2454

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: June 11, 2019
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Public Works Director, or designee, to execute, on behalf of the County, a purchase and sale agreement to convey approximately 2,242 square feet of excess property to Gurshamjeet Cheema (APN 068-132-049), a purchase and sale agreement to convey approximately 4,164 square feet of excess property to Premnauth and Uma Persaud (APN 068-132-024), and a purchase and sale agreement to convey approximately 141 square feet of excess property to Susan E. Taber, trustee of the Lloyd G. Taber and Susan E. Taber Trust dated March 1, 2004, (APN 068-132-048), all near A Street and Bryan Avenue, in Antioch, pursuant to Streets and Highways Code section 960, as recommended by the Public Works Director, Antioch area.

RECOMMENDATION(S): (CONT'D)

DETERMINE that said properties were acquired on Contra Costa Transportation Authority’s behalf for highway purposes, and that the properties are no longer necessary for highway purposes. (Project No. 4660-6X4168, [SCH# 2004092135])

APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute, on behalf of the County, three Grant Deeds to convey the above excess right of way to the grantees.

DIRECT the Real Estate Division of the Public Works Department to cause said Grant Deeds to be recorded at the County Clerk-Recorder’s Office, and to pay all associated transaction costs.

FISCAL IMPACT:

100% Contra Costa Transportation Authority Funds (CCTA).

BACKGROUND:

Between 2007 and 2009, the County acquired right of way for the Sunset Drive Extension (APN’s 068-132-024, 068-132-047, and 068-132-049), in Antioch for highway purposes. The properties were acquired entirely with CCTA funds. The County was responsible for acquiring right of way for the project on CCTA’s behalf because CCTA did not have right of way staff.

The improvements for the Sunset Drive Extension have been completed and the excess portions of land are no longer required for the project or for other highway purposes which cannot be developed independently. CCTA has requested that the County dispose of the excess property. The adjacent property owners are willing to accept the excess properties to be used as additional plottage.

Under separate purchase and sale agreements, the County will agree to convey approximately 2,242 square feet of excess property to Gurshamjeet Cheema (APN 068-132-049), approximately 4,164 square feet of excess property to Premnauth and Uma Persaud (APN 068-132-024), approximately 141 square feet of excess property to Susan E. Taber, trustee of the Lloyd G. Taber and Susan E. Taber Trust dated March 1, 2004, (APN 068-132-048). The properties will be conveyed in their as-is condition. Under each purchase and sale agreement, the grantee(s) will release the County from all claims related to the condition of the property, and the grantee(s) will indemnify the County from third-party claims arising from the present or future condition or use of the property.

The properties are no longer required for highway purposes and Real Estate Division staff recommend that the Board of Supervisors approve these conveyances.

CONSEQUENCE OF NEGATIVE ACTION:

The County would continue to own and be liable for the maintenance of these properties that are no longer required for highway or other County purposes.