County of Santa Cruz

Document Sample
County of Santa Cruz Powered By Docstoc
					                                         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

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:1
posted:5/14/2013
language:Unknown
pages:9
yaofenji yaofenji
About