Agenda

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C. 1

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	September 15, 2020

Contra

Costa

County

Subject:

APPROVE the conveyance of a slope easement to West Coast Home Builders, Inc., Pittsburg area. (SCH90030377)

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 09/15/2020

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:

Jessica Dillingham, (925) 957-2453

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: September 15, 2020
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a quitclaim deed to quitclaim to West Coast Home Builders, Inc. (WCHI) as successor to North State Development Co., the County’s interests in portions of a permanent slope easement in accordance with the Final Order of Condemnation entered in Contra Costa County v. North State Development Co., Contra Costa County Superior Court Case No. C92-01464, State Route 4 Willow Pass Grade Widening and Lowering Project (Project 4660-6X4287).


DETERMINE that these portions of the slope easement were acquired for highway purposes and are no longer necessary for highway purposes.

RECOMMENDATION(S): (CONT'D)

DIRECT the Real Estate Division of the Public Works Department to cause said Quitclaim Deed to be delivered to the grantee for acceptance and recording in the office of the County Clerk Recorder.

FISCAL IMPACT:

100% Contra Costa Transportation Authority Funds.

BACKGROUND:

The County filed Contra Costa County v. North State Development Co., Contra Costa County Superior Court Case No. C92—01464, to acquire property and property interests required for the State Route 4 Willow Pass Grade Widening and Lowering Project, including a permanent slope easement (Parcel 50860-3) The Final Order of Condemnation (FOC) entered in that lawsuit requires the County and the developer to adjust the final boundaries of the slope easement to meet the finished grade of the San Marco development.

WCHI is the successor in interest to North State Development Co. Pursuant to WCHI’s request and the requirements of the FOC, the County will quitclaim to WCHI portions of the slope easement (Parcel 50856-3 in the FOC). The conveyance also is authorized under Streets and Highways Code section 960. The County acquired these portions of the slope easement for County highway purposes, but the County no longer requires them for County highway purposes. Following the conveyance, WCHI will be responsible for maintaining the slope easement areas at its cost and expense.

For these reasons, the Real Estate Division recommends that the Board approve the conveyances.

CONSEQUENCE OF NEGATIVE ACTION:

The County would hold rights to an area no longer needed for public use.