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County of Santa Cruz DEPARTMENT OF PUBLIC WORKS - REAL PROPERTY DIVISION 701 OCEAN STREET, ROOM 410, SANTA CRUZ, CA 95060-4070 (831) 454-2331 FAX (831) 454-2385 TDD (831) 454-2123 THOMAS L. BOLICH S C O T C. LOICHINGER DIRECTOR OF PUBLIC WORKS CHIEF REAL PROPERTY AGENT AGENDA: SEPTEMBER 17,2002 September 5 , 2002 SANTA CRUZ COUNTY BOARD OF SUPERVISORS 701 Ocean Street Santa Cruz, California 95060 SUBJECT: GRAHAM HILL ROAD AT TREETOP DRIVE INTERSECTION IMPROVEMENT PROJECT - APN: 61-404-22 .. Members of the Board: Included in the 2002103 Public Works budget are funds for the construction of road improvements on Graham Hill Road at Treetop Drive intersection and for the acquisition of the required easements. The attached contract provides for the acquisition of the necessary easements on the subject parcel required for the completion of the above mentioned road project. The required property is located at the corner of Graham Hill Road and Treetop Drive (see attached map) and will allow for the installation of a new bus stop shelter and sidewalk. The settlement amount for the property interests acquired is shown in the attached Resolution and is based on a departmental appraisal. This amount is considered fair and reasonable for the real property interests being acquired and represents the fair market value for such property interests. It is recommended that the Board of Supervisors take the following action: 1. Adopt Resolution approving and accepting the terms and conditions of the contract and authorize the Director of Public Works to sign said document on behalf of the County; SANTA CRUZ COUNTY BOARD OF SUPERVISORS Page -2- 2. Approve payment of claim for the contract. Yours truly, - THOMAS L. BOLICH Director of Public Works TLB:PAP:pap Attachments RECOMMENDED FOR APPROVAL: Copy to: Public Works Department 51 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA RESOLUTION NO. On the motion of Supervisor duly seconded by Supervisor the following resolution is adopted: RESOLUTION FOR RIGHT-OF-WAY ACQUISITION GRAHAM HILL ROAD AT TREETOP DRIVE INTERSECTION IMPROVEMENT PROJECT RESOLVED by the Board of Supervisors of the County of Santa Cruz, State of California: WHEREAS, the County of Santa Cruz is desirous of acquiring the real property interests described in the Contract attached hereto and hereinafter referred to; and WHEREAS, the owner of said real property interests has or will execute and deliver an Easement Deed conveying said real property interests to the County, upon condition that County acknowledge and approve Articles set forth in said Contract binding County to the performance of said Articles; and WHEREAS, the Board of Supervisors of said County hereby finds the Articles of said Contract to be fair and reasonable consideration for the acquisition of said real property interests. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the County of Santa Cruz does hereby accept the terms of said Contract listed below: A.P.N. NAME PAYMENT 061-404-22 Norman M. Benedetti $3,150.00 Shirley A. Benedetti T BE l FURTHER ORDERED that the Auditor-Controller of the County of Santa Cruz is hereby authorized to approve payment of claim for the above listed contract payable to the above listed grantor, in the amount indicated above, out of Public Works Road Fund, charged against Index No. 621 100, Work Authorization No. 40234, and to deliver the same to the Chief, Real Property Division of the County of Santa Cruz; and BE IT FURTHER ORDERED that said Chief, Real Property Division, deliver said warrant to the above listed grantor. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz, State of California, this day of ,2002, by the following vote: AYES: SUPERVISORS NOES: SUPERVISORS ABSENT: SUPERVISORS Chairperson of said Board ATTEST: Clerk of said Board Assistant County Counsel Distribution: Real Property Division County Counsel Auditor-Controller Public Works 0 Z Property No.: 01 Norman M. Benedetti APN: 06 1-404-22 Shirley A. Benedetti Project: GRAHAM HILL ROAD AT TREETOP (SELLERS) DRIVE INTERSECTION PROJECT CONTRACT COUNTY OF SANTA CRUZ This contract is entered into t h i s s a y of COUNTY OF SANTA CRUZ, hereinafter called COUNTY, an + ,20= by and between the ORMAN M. BENEDETTI and SHIRLEY A. BENEDETTI, Trustees of the Benedetti Family Trust under Trust Agreement dated August 5, 1992, hereinafter called SELLERS. The parties mutually agree as follows: 1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction. 2. SELLERS agree to execute and deliver a document in the form of an Easement Deed covering a portion of the property located at 100 Treetop Drive in the County of Santa Cruz (APN 061- 404-22), more particularly described in Exhibit "A", attached hereto and made a part hereof and a W-9 Form, Request for Taxpayer Identification Number and Certification. Said documents shall be delivered to Scott Loichinger, Chief, Real Property Division of the COUNTY, State of California. 3. The COUNTY shall: (A) Pay the undersigned SELLERS the sum of $3,150.00 for the property interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by said Deed(s) within thirty (30) days after date title to said property interest vests in the COUNTY, free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes, except: 1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction, and if Title Insurance is required by the COUNTY, the premium charge therefor, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. 4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the SELLERS executes this document, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession and use and interest from said date. 5. On the day title of said property interests vests in the name of the COUNTY, the condition of the property described in Exhibit "A", including the existence or nonexistence of any improvements, shall be the same as the condition of said property on August 22, 2002. 6 . It is understood and agreed that the COUNTY shall have the right to enter on SELLERS' land in the vicinity of the land described in the attached Exhibit "A", as necessary for construction purposes, but that this temporary right-of-entry will be left in a clean and orderly condition. Any existing improvements located within this right-of-entry area, exclusive of any permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the work will be restored or replaced in kind. The right-of-entry will terminate at the completion of the project or on December 3 1,2003, whichever occurs first. 7. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto. IN WITNESS WHEREOF, the COUNTY has caused this contract to be duly executed as of the day of ,20-; and the SELLERS have executed this agreement as of the day of , 20-. RECOMMENDED FOR APPROVAL By: SCOTT LOICHINGER Chief, Real Property Division f A P I X U W D AS TO F0RM:Ft Norman M. Benedetti, Trustee - ' I Shirley a e n e d e t t i , Trustee Assistant County Counsel COUNTY By: THOMAS L. BOLICH (SELLERS) Director of Public Works 51 EXHIBIT “A’ Legal description for Graham Hill Road at Tree Top Drive Intersection Improvement Project for the purposes of a bus shelter easement Parcel 1 BEING A PARCEL OF LAND SITUATED IN SANTA CRUZ COUNTY, CONVEYED TO NORMAN M. BENDETTI AND SHIRLEY A. BENDETTI BY GRANT DEED RECORDED AUGUST 10, 1992, D BOOK 5085, PAGE 342, OFFICIAL RECORDS OF SANTA CRUZ l COUNTY, THIS PARCEL ALSO BEING A PORTION OF CARBONERO AND CANADA DEL RINCON RANCHOS, AS SHOWN IN THAT CERTAIN MAP ENTITLED, “TRACT 420, ROLLING WOODS SUBDIVISION N0.5”, FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CRUZ COUNTY ON NOVEMBER 13,1964, I N VOLUME 42 OF MAPS, PAGE 39, SANTA CRUZ COUNTY RECORDS. -, BEGTNNTNG AT A %,’ IRON PIPE TAGGED LS 2676 AT THE SOUTHEASTERLY CORNER OF LOT 25, COMMON CORNER TO LOT 24, SHOWN ON THE RECORD OF SURVEY FILED MARCH 21,1974, IN BOOK 14 OF MAPS, AT PAGE 72 SANTA CRUZ COUNTY RECORDS; THENCE PROCEEDING FROM SAID POINT OF INTERSECTION N15” 25’W, 130.97 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF TREETOP DRIVE, A COUNTY ROAD; THENCE FROM SAID POINT PROCEEDING ALONG THE SOUTHERLY RIGHT-OF WAY OF TREETOP DRIVE S7 1” 3 1’ 1O”W, 168.17 FEET; THENCE LEAVING SAID SOUTHERLY FUGHT-OF-WAY OF TREETOP DRIVE TO A POINT ALONG THE EASTERLY RIGHT-OF-WAY OF GRAHAM HILL ROAD THROUGH A CURVE, LENGTH 31.13 FEET, RADIUS 19.85 FEET, ANGLE 89” 47’ 28”; THENCE CONTINUING ALONG THE EASTERLY RIGHT-OF-WAY OF GRAHAM HILL ROAD THROUGH A CURVE, LENGTH 51.61 FEET, RADIUS 3030.61 FEET, ANGLE 0” 58’ 33” TO THE TRUE POINT OF BEGINNING; THENCE, FROM SAID TRUE POINT OF BEGINNING ALONG THE EASTERLY RIGHT- OF-WAY OF GRAHAM HILL ROAD, THROUGH A CURVE, LENGTH 18.00 FEET, RADIUS 3030.61 FEET, ANGLE 0” 20’ 25”; THENCEN74” 12’ 41”E, 4.41 FEET, THENCE N15” 47’ 19”W, 18.00 FEET; THENCE S74” 12’ 41”W, 4.63 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 81.5 SQUARE FEET, MORE OR LESS. APN 61-404-22 CIV 51 EXHIBIT “ A ’ Legal description for Graham Hill Road at Tree Top Drive Intersection Improvement Proiect for the purposes of a sidewalk easement Parcel 2 BEING A PARCEL OF LAND SITUATED IN SANTA CRUZ COUNTY, CONVEYED TO NORMAN M. BENDETTI AND SHIRLEY A. BENDETTI BY GRANT DEED RECORDED AUGUST 10,1992, IN BOOK 5085, PAGE 342, OFFICIAL RECORDS OF SANTA CRUZ COUNTY, THIS PARCEL ALSO BEING A PORTION OF CARBONERO AND CANADA DEL RINCON RANCHOS, AS SHOWN IN THAT CERTAIN MAP ENTITLED, “TRACT 420, ROLLING WOODS SUBDIVISIONN0.5”, FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CRUZ COUNTY ON NOVEMBER 13,1964, I N VOLUME 42 OF MAPS, PAGE 34, SANTA CRUZ COUNTY RECORDS. -. BEGINNING AT A 54” IRON PIPE TAGGED LS 2676 AT THE SOUTHEASTERLY CORNER OF LOT 25, COMMON CORNER TO LOT 24, SHOWN IN THE RECORD OF SURVEY FILED MARCH 21; 1974, IN BOOK 14 OF MAPS, AT PAGE 72’SANTA CRUZ COUNTY RECORDS; THENCE PROCEEDING FROM SAID POINT OF INTERSECTION N15’ 25’W, 130.98 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF TREETOP DRIVE, A COUNTY ROAD; THENCE FROM SAID POINT PROCEEDING ALONG THE SOUTHERLY RIGHT-OF WAY OF TREETOP D m S71O 3 1’ 1O”W, 168.19 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY OF TREETOP DRIVE TO A POINT ALONG THE EASTERLY RIGHT-OF-WAY OF GRAHAM HILL ROAD THROUGH A CURVE, LENGTH 19.13 FEET, RADIUS 19.86 FEET, DELTA ANGLE 55” 11’ 47” TO THE TRUE POINT OF BEGINNING; THENCE, FROM SAID TRUE POINT OF BEGINNING, LEAVING THE EASTERLY RIGHT-OF-WAY OF GRAHAM HILL ROAD, S77 O 01’ 43”W, 3 1.54 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF GRAHAM HILL ROAD, THENCE PROCEEDING NORTHEAST ALONG SAID EASTERLY RIGHT-OF-WAY THROUGH A CURVE, LENGTH 20.05 FEET, RADIUS 3030.61 FEET, DELTA ANGLE 00” 24’ 45”; THENCE THROUGH A CURVE, LENGTH 11.99 FEET, RADIUS 19.86 FEET, DELTA ANGLE 34’35’ 41” TO THE TRUE POINT OF BEGINNING. CONTAINING 41.3 SQUARE FEET, MORE OR LESS. APN 061-404-22 CIV
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