HomeMy WebLinkAbout15-033 r
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Resolution No. 15-033
RESOLUTION EXC ANGING PROPERTY, KENNEDY AVENUE,
ACCEPTING GRANT DEEDS
AND AUTHORIZING CHAIR TO SIGN QUITCLAIM DEEDS
WHEREAS,the Board of Supervisors of the County of Butte, State of California,declares its intention to exchange
that real property described in Exhibits"A”and"B" attached hereto, for those certain County parcels described in Exhibits
"C"and."D"attached hereto, and
WHEREAS,that said County parcels described as Parcels"C"and"D" in Exhibit"A", attached hereto, are owned
by the County of Butte and currently designated as Kennedy Avenue, which due to construction of a cul-de-sac for traffic
safety purposes are no longer necessary for the public or County use; and
WHEREAS, that said real property described as Parcels "A" and "B" in Exhibit"A" attached hereto, are owned
by the Chapman Family Trust and are necessary for the public use as rights of way; and.
WHEREAS, the property interests to be exchanged are of equal value and the terms of the exchange are outlined
in the attached "AGREEMENT FOR ACQUISITION OF REAL PROPERTY FOR PUBLIC ROAD PURPOSES
COUNTY OF BUTTE/PROPERTY OWNER RECONSTRUCTION PROJECT, Kennedy Avenue closure east of State
Route 32 (Project No. 56175-F-2003-1)", dated November 18,2003, attached hereto as Exhibit"B"; and
WHEREAS, the Board desires to exchange said property pursuant to Section 8356 of the Streets and Highways
Code of the State of California.
NOW THEREFORE,BE IT RESOLVED by the Board of Supervisors of the County of Butte as follows:
1. That the Board vacates the existing Kennedy Avenue right of way described as Parcels "C"and "D" in the Exhibit
"A", pursuant to Section 8330 of the Streets and FIighways Code.
2. That the Board hereby pursuant to Section 8356 of the streets and Highways Code authorized the exchange
of the County property described as Parcels "C" and "D", for that certain real property and easement as described
in Parcels"A"and"B" all parcels attached hereto in Exhibit"A" and incorporated herein as if set forth in full.
3. That the Chair is authorized to sign Quit Claim Deeds to Chapman Family Trust for Parcel"C"and to Brian
E. Ueeker,etal. for Parcel "D"and the Chair is further authorized to accept Grant Deeds from the Chapman Family
Trust in favor of the County of Butte as to that certain property described as Parcels"A" and"B"
BE IT FURTHER RESOLVED,that the cleric of this Board shall cause a certified copy of this Resolution, with
the seal of the Board of supervisors of the County of Butte, State of California, and the referenced deeds to be recorded in
the Office of the Recorder of the County of Butte,State of California. And from and after the date the Resolution is recorded,
the public right of way vacated no longer constitutes a public right of way.
MASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California this 24 day of
Larch, 2015 by the following vote:
AYES: Supervisors Connelly,Wahl,Dirk,Lambert and Chair Teeter
NOES: None
ABSENT: None
NOT VOTING: None
.. S,
4
Doug Teeter,Chair
Butte County Board of Supervisors
ATTEST:
.. ........
PAUL MATIN,Chief A ministrative Officer
and Clerk of the Board o Supervisors
EXHIBIT"A"
KENNEDY AVENUE
ACQUISITION PARCEL"A"
Owners: Chapman Family Trust Road Number: 56175-F
APN: 042-080-078 Project: 2200
All that real property situate in the County of Butte, State of California, being a portion of that
parcel described in that certain Grant Deed to Paul A. Chapman and Betty L. Chapman, Co-
Trustees of the Chapman Family Trust U.D.T. February 11, 1992, recorded April 10, 2002, as
document number 2002-0017853 in the Official Records of the County of Butte, and being more
particularly described as follows:
Commencing at the point of intersection of the East line of said parcel with the North line of
Kennedy Avenue (60 feet in width), said point being the southeasterly corner of that 2.52 acre
parcel as shown on that Record of Survey filed for record in Book 158 of Maps, at page 50,Butte
County Records, said corner being a point on said North line of Kennedy Avenue marked on the
ground by a 3/8"rebar with a plastic cap stamped LS 6689;
Thence along said North line of Kennedy Avenue, South 89°41'33" West I4.20 feet to the Point
of Beginning;
Thence leaving said North line of Kennedy Avenue, northwesterly along a tangent curve to the
right, concave northeasterly, having a radius of 20.00 feet,through a central angle of 64°3723",
for an are length of 22.56 feet to a point of reverse curvature;
Thence westerly along a curve to the left, concave southeasterly, having a radius of 50.00 feet,
through a central angle of 143105'10", for an are length of 124.87 feet to said North line of
Kennedy Avenue;
Thence along said North line,North 89°41'33"East, 112.24 feet to said Point of Beginning.
Containing 2,967 square feet,more or less.
Together with all underlying fee appurtenant to the above-described parcel in and to said ;
Kennedy Avenue.
i
Approved:
,OF Esslo'
Stuart T. Edell
caP of�Z Date:_ Axises_/Z' Zov7 I
Deputy Director of Public Works rn
ce �' O. 29132 X
County of Butte,California EXP.3131/07
0 CIVIL
9rF OF CAL�Fa��
Exhibit A Pagel of 7
EXHIBIT"A"
KENNEDY AVENUE
ACQUISTION PARCEL`B"
Owners: Chapman Family Trust Road Number: 56175-F
APN: 042-080-078 Project: 2200
Parcel B1
All that real property situate in the County of Butte, State of California, being a portion of that
parcel described in that certain Grant Deed to Paul A. Chapman and Betty L. Chapman, Co-
Trustees of the Chapman Family Trust U.D.T. February 11, 1992, recorded April 10, 2002, as
document number 2002-0017853 in the Official Records of the County of Butte, and more
particularly described as follows:
Beginning at the point of intersection of the northwest line of said parcel with the northeast line
of State Highway 32 (60 feet in width), said point being marked on the ground by a 3/8" rebar
with a plastic cap stamped LS 6689, as shown on that Record of Survey filed for record in Book
158 of Maps, at page 50,Butte County Records;
Thence along the northwest line of said Chapman parcel, North 28'50'13" East 15.00 feet to a
point 45.00 feet northeasterly of and measured at right angles to the centerline of said State
Highway 32, as shown on that Record of Survey fled for record July 17, 1975 in Book 54 of
Maps, at page 3, Butte County Records;
Thence along a line parallel to, and 45.00 feet northeasterly of said centerline of State Highway
32, South 61'13'47"East 3.90 feet;
Thence continuing along a line parallel to, and 45.00 feet northeasterly of said centerline of State
Highway 32, South 61°02'53"East 23.49 feet to the North line of Kennedy Avenue as shown on
said Records of Survey;
Thence along said North line of Kennedy Avenue South 89°41'33" West, 30.71 feet to said j
northeast line of State Highway 32; i
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Thence along said northeast line of State Highway 32, North 61°13'47" West 0.57 feet to said
Point of Beginning.
Containing 210 square feet,more or less.
Together with all underlying fee appurtenant to the above-described parcel in and to said State
Highway 32 and said Kennedy Avenue.
E
Exhibit A Page 2 of 7
Parcel B2
A Public Service Easement, as defined in section 8306 of the State of California Street and
Highways Code, situate in the County of Butte, State of California, being a portion of that parcel
described in that certain Grant Deed to Paul A. Chapman and Betty L. Chapman, Co-Trustees of
the Chapman Family Trust U.D.T. February 11, 1992, recorded April 10, 2002, as document
number 2002-0017853 in the Official Records of the County of Butte, and more particularly
described as follows:
A 10 foot wide strip of land, the southwesterly line of which is described as follows:
Commencing at the point of intersection of the northwest line of said parcel with the northeast
line of State Highway 32 (60 feet in width), said point being marked on the ground by a 3/8"
rebar with a plastic cap stamped LS 6689, as shown on that Record of Survey filed for record in
Book 158 of Maps,at page 50,Butte County Records;
Thence along the northwest line of said Chapman parcel, North 28'50'13" East 15.00 feet to a
point 45.00 feet northeasterly of, and measured at right angles to the centerline of said State
Highway 32, as shown on that Record of Survey filed for record July 17, 1975 in Book 54 of
Maps, at page 3, Butte County Records,said point being the Point of Beginning;
Thence along a line parallel to, and 45.00 feet northeasterly of said centerline of State Highway
32, South 61°13'47"East 3.90 feet;
Thence continuing along a line parallel to, and 45.00 feet northeasterly of said centerline of State
Highway 32, South 61°02'53"East 23.49 feet to the North line of Kennedy Avenue as shown on
said Records of Survey;
The sidelines of said strip shall be shortened or lengthened to form a continuous strip of land
from said northwest'line of the Chapman parcel to said North-line of Kennedy Avenue.
Containing 363 square feet, more or less.
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Approved: o?,pf Tss/o,t,Qt
ti 2 Date:_r ieri,�/Z Zoo?
Stuart T. Edell a N0. 29132 r M ;.
Deputy Director of Public Works EXP.3/31/07
County of Butte, California �r CIVIL �s
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Exhibit A Page 3 of 7
EXHIBIT"A"
KENNEDY AVENUE
ABANDONMENT PARCEL"C"
Adjoining Owners: Chapman Family Trust Road Number: 56175-F
APN: 042-080-078 Project: 2200
All that real property situate in the County of Butte, State of California, being a portion of that
parcel described in that certain Grant Deed to Paul A. Chapman and Betty L. Chapman, Co-
Trustees of the Chapman Family Trust U.D.T. February 11, 1992, recorded April 10, 2002, as
document number 2002-0017853 in the Official Records of the County of Butte, also being that
portion of Kennedy Avenue more particularly described as follows:
Commencing at the point of intersection of the East line of said parcel with the North line of
Kennedy Avenue (60 feet in width), said point being the southeasterly corner of that 2.52 acre
parcel as shown on that Record of Survey filed for record in Book 158 of Maps,at page 50,Butte
County Records, said corner being a point on said North line of Kennedy Avenue marked on the
ground by a 3/8"rebar with a plastic cap stamped LS 6689;
Thence along said North line of Kennedy Avenue, South 89°41'33"West 14.20 feet;
Thence leaving said North line of Kennedy Avenue, northwesterly along a tangent curve to the
right, having a radius of 20.00 feet, through a central angle of 64°37'23", for an arc length of
22.56 feet to a point of reverse curvature;
Thence westerly along a curve to the left having a radius of 50.00 feet, through a central angle of
143'05'10", for an arc length of 124.87 feet to said North line of Kennedy Avenue and the Paint
of Beginning,through which point a radial line bears North 78°46'14"West;
Thence southerly, continuing along the last said curve having a radius of 50.00 feet, through a
central angle of 35°06'54", for an are length of 30.64 feet to the centerline of said Kennedy
Avenue;
Thence along said centerline of Kennedy Avenue, South 89041'33" West, 74.64 feet to a point
45.00 feet northeasterly of and measured at right angles to the centerline of State Highway 32,as
shown on that Record of Survey filed for record July 17, 1975 in Book 54 of Maps, at page 3,
Butte County Records;
Thence along a line parallel to, and 45.00 feet northeasterly of said centerline of State Highway
32, North 61°02'53"West 61.38 feet to said North line of Kennedy Avenue;
Exhibit A Page 4 of 7
Thence along said North line of Kennedy Avenue, North 89°41'33" East, 125.02 feet to said
Point of Beginning.
Containing 2,948 square feet,more or less.
Reserving therefrom a Public Service Easement, as defined in section 8306 of the State of
California Street and Highways Code,over,on and under the above described parcel.
The above described lands are to be combined with and remain a part of those lands as described
in the deed to the Paul A. Chapman and Betty L. Chapman, Co-Trustees of the Chapman Family
Trust U.D.T. February 11, 1992, as filed for record in Butte County Official Records at Serial
Number 20020017853. No additional lots or parcels are created hereby.
Approved: VT of ESS/0'
T. %/� � �u+
Fa<fiZ Date: � A� r?� 740,v7Stuart T. Edell c; m
Deputy Director of Public Works a
NO. 29132 r
County of Butte,California UP.3/31/07
sT CIVIL
9rF OF CALki
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Exhibit A Page 5 of 7 j
EXHIBIT"A"
KENNEDY AVENUE
ABANDONMENT PARCEL`°D"
Adjoining Owners: Uecker Road Number: 56175-F
APN: 042-080-003 Project: 2200
All that real property situate in the County of Butte, State of California, being a portion of that
parcel described as Parcel II in that certain Grant Deed to Brian E. Uecker and Nichole R.
Uecker, recorded January 15, 1999, as document number 1999-0002080 in the Official Records
of the County of Butte, also being that portion of Kennedy Avenue more particularly described as
follows:
Commencing at the southeasterly corner of that 2.52 acre parcel as shown on that Record of
Survey filed for record in Book 158 of Maps, at page 50, Butte County Records, said corner
being a point on the North line of Kennedy Avenue(60 feet in width)marked on the ground by a
3/8"rebar with a plastic cap stamped LS 6689;
Thence along said North line of Kennedy Avenue, South 89°41'33"West 14.20 feet;
Thence leaving said North Iine of Kennedy Avenue, northwesterly along a tangent curve to the
right, concave northeasterly, having a radius of 20.00 feet, through a central angle of 6437'23",
for an arc length of 22.56 feet to a point of reverse curvature;
Thence westerly along a curve to the left having a radius of 50.00 feet, through a central angle of
143'05'10", for an arc length of 124.87 feet to said North line of Kennedy Avenue;
Thence southerly, continuing along the last said curve having a radius of 50.00 feet,,through a
central angle of 35°06'54", for an arc length of 30.64 feet to the centerline of said Kennedy
Avenue and the Point of Beginning, through which point a radial line bears South 66°06'52"
West;
Thence southeasterly, continuing along the last said curve having a radius of 50.00 feet,through
a central angle of 66'25'19", for an are length of 57.96 feet to the South line of said Kennedy
Avenue;
Thence along said South line of Kennedy Avenue, South 89041'33"West, 66.91 feet to a point
45.00 feet northeasterly of, and measured at right angles to, the centerline of State Highway 32,
as shown on that Record of Survey filed for record July 17, 1975 in Book 54 of Maps, at page 3,
Butte County Records;
Exhibit A Page 6 of 7
Thence along a line parallel to, and 45.00 feet northeasterly of said centerline of State Highway
32,North 61°02'53" West 61.38 feet to said centerline of Kennedy Avenue;
Thence along said centerline of Kennedy Avenue, North 89141'33"East, 74.64 feet to said Point
of Beginning.
Containing 1,820 square feet, more or less.
Reserving therefrom a Public Service Easement, as defined in section 8306 of the State of
California Street and Highways Code,over,on and under the above described parcel.
The above described lands are to be combined with and remain a part of those lands described as
Parcel II in the deed to the Brian E. Uecker and Nichole R. Uecker, as filed for record in Butte
County Official Records at Serial Number 1999-0002080. No additional lots or parcels are
created hereby.
Approved:
T.
JQ�X Date: 6L�Az*;,,ty I�Z.,, Zoo 7
Stuart T. Edell yc'n r
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Deputy Director of Public Works
29132
County of Butte, California arc x.3131107
CIVIL
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OF CAI-XV'-
Exhibit
A1.XF'Exhibit A Page 7 of 7
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Kennedy Avenue Agreement for Acquisition Exhibit B
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AGREEMENT FOR ACQUTSITION OF PROPERTY
FOR PUBLIC ROAD PURPOSES
COUNTY OF BUTTE/PROPERTY OWNER RECONSTRUCTION PROJECT
Kennedy Avenue closure east of State Route 32 (Project No. 56175-F-2003-1)
A.P.N. 042-080-003 & 078
W.O.No. 2162
File No. 262.044
THIS AGREEMENT,made and entered into this day of 2003,2003,by and between
Chapman Family Trust as Grantor(s),and the COUNTY OF BUTTE, a political subdivision of the State of
California, as Purchaser, covers the conveyance of property right(s) for public road purposes. The attached
Exhibits referencing the property rights to be acquired are identified as follows: Exhibit"A"—Plat Map,Exhibit
"B"—Legal Descriptions,'and Exhibit"C"—Specific Details.
In consideration of Grantor(s)delivering or causing to be delivered to the County of Butte a Grant Deed conveying
title to the hereinafter described parcels "A", "B i" and`B2,"and the other considerations hereinafter set forth, it is
mutually agreed as follows:
I. The parties have herein set forth the whole of their agreement. The performance of this agreement
constitutes the entire consideration for said document and shall relieve the County of all further obligations
or claims on this account, including severance, or on account of the location, grade or construction of the
proposed public improvement.
2. County shall take title subject to all matters recorded and/or unrecorded. This transaction will be handled
through an intemal escrow with the County of Butte.
3. The undersigned Grantor(s) warrant(s) that they are the owner(s) in fee simple of the property and that the
Grantor(s)have the exclusive right to grant the property rights in this transaction.
4. In consideration of the County's waiving the defects and imperfections in any matters of record title, the
undersigned Grantor covenants and agrees to indemnify and hold the County of Butte harmless from any
and all claims that other parties may make or assert on the title to the premises.
5. Grantor warrants that there are no oral or written leases on all or any portion of the property exceeding a
period of one month, and the grantor agrees to hold County harmless and reimburse County for any and all
of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor
for a period exceeding one month.
7. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement,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 of approval of this agreement and that the terms of this
agreement include full compensation for such possession and use, including damages, if any, of subject
property.
i
Project No.56175-F-2003-1 Page 1 of 6
AP No.042-080-003 & 078 October 14,2003 '
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Grantors): Dat(,-
Witness:
ateWitness: Right of Way Agent
APPROVED AS TO FORM: APPROVED AS TO FISCAL AND
BUDGETARY CONTROL:
Butte County Counsel Butte County Auditor
THIS DOCUMENT SIGNED
By. THIS DOCUMENT SIGNED - By: --- N GOUNTERP RTS n, EAK"EE
IN COUNTERPARTS.PLEASE SEE ADDITIONAL SIGNATURE PAGES,
ADDITIONAL SIGNATURE PAGES.
ACCEPTED: APPROVED BY THE
COUNTY OF BUTTE BOARD OF SUPERVISORS
DEPARTMENT OF PUBLIC WORKS
THIS DOCUMENT SIGNED
By:
IN COUNTERPARTS.PLEASE SEE By. r�
. .
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R J B ler_,..Chair
Director of Public Works Butte County Board of Supervisors
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No Obligations Other Than Those Set Forth Herein Will Be Recognized
Project No. 56175-F-2003-1 Page 2 of 6
AP No. 042-080-003 & 078 October 14, 2003 f
Grantor(s): Date
Witness: Right of Way Agent
APPROV D AS TO FORM: APPROVED AS TO FISCAL AND
BUDGETARY CONTROL:
Butte unty Co sel Butte County Auditor
By:
ACCEPTED: APPROVED BY THE
COUNTY OF BUTTE BOARD OF SUPERVISORS
DEPARTMENT OF PUBLIC WORKS
By: AK w, By:
Mike Crump Crump R.1. Beeler, Chair
Director of Public Works Butte County Board of Supervisors
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No Obligations Other Than Those Set Forth Herein Will Be Recognized
k
Project No. 56175-F-2003-1 Page 2 of 6
AP No. 042-080-003 &078 October 14, 2003
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< DRAWN $Y: TCK DATE:Ln OT _ 4/3/D3 KENNEDY AVENUEEXHIBF
° °° CHECKED BY: SCAIE� 1" = 4f}' AT HIGHWAY 32 A
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o G-iECKED BY: SCALE: 1' = 20 AT HIGHWAY 32
e FRONTAGE AND A
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EXHIBIT"B"--LEGAL.DESCRIPTION
PARCEL NO.
Owner(s) From: Sta.
APN: 042-086-003 & 078 To: Sta.
Project Name: Kennedy Avenue Cul-de-sac
Project Number: 56175-F-2003-1
Parcel"A"—Grant to the County of Butte,fee simple
Parcel "B"—Grant from Chapman Family Trust to State of California if State-will accept, check with right of way,
people.Describe in two parts,Bl-fee simple right of way,B2 -10' PSE. see Exhibit"A"for locations.
Parcel"C"—Quit Claire to Chapman Family Trust,quitclaim just conveys what interest we own. Reserve 10' PSE
over westerly portion and wherever Utilities deem necessary.
Parcel"D"- Quit Claim to Brian E. Uecker, etal. , quitclaim just conveys what interest we own. Reserve 10' PSE
over westerly portion. and wherever Utilities deem necessary. Also reserve minimuml2' drainage easement over
southerly portion so we can get our Kennedy Avenue drainage to storm drain in highway 32.
Project No. 56175-F-2003-1 Page 5 of 6
AP No. 042-080-003 & 078 October 14,2003
EXHIBIT"C"—SPECIFIC DETAILS
1. Grantor and County agree that all references to Parcels and Exhibits are to those Parcels and Exhibits
contained within this document. Parcels shown on Exhibit"A"arc described in Exhibit"B".
2. Grantor agrees to grant to the County of Butte Parcels "A", "B 1" and "B2" in exchange for the grant of
Parcel "C" from the County of Butte, all Parcels as shown in Exhibit "A" and described in Exhibit "B" of this
document.
3. Grantor hereby grants to the County of Butte a right of entry over, under and across Parcel 'A" for the
purpose of constructing the cul-de-sac as shown in Exhibit"A".
4. County agrees to design and construct appropriate drainage facilities (including drainage inlet and leach
trench system) for the cul-de-sac and construct the paved portion of the cul-de-sac as shown,on Exhibit"A" after
Grantor has satisfactorily completed construction of the curb, gutter and sidewalk around 'the cul-de-sac on
Kennedy Avenue as shown on plans approved by the Department of Public Works. County will install appropriate
permanent signage to indicate Kennedy Avenue is permanently closed to through traffic.
S. County agrees that after completion of said construction it will process a Resolution approving a Summary
Abandonment and Right of Way exchange to allow the exchange of interests outlined in this agreement.
6. Grantor agrees that as a condition of approval for issuance of a building permit he shall submit construction
plans to Butte County Public Works for review and approval and in accordance with approved plans shall obtain
any necessary encroachment permits,pay appropriate plan checking and inspection fees and construct or install the
following to Butte County and Caltrans Standards and Specifications:
A. Vertical curb, gutter, and sidewalk.on Grantors frontage(frontage as shown on Exhibit"A'� of the
Kennedy Avenue cul-de-sac. Obliterate the porton of Kennedy Avenue between the cul-de-sac and
State Highway 32 and install appropriate temporary construction signs to indicate Kennedy Avenue
between the cul-de-sac and State Highway 32 is closed to the public.
B. Vertical curb,gutter, sidewalk,driveway approach,necessary road widening and necessary drainage
facilities on Grantors frontage(frontage as shown on Exhibit"A")of State Highway 32. -
C. Grantor agrees to either complete or fully bond the completion of the above referenced
improvements(items 6A and 6B),prior to issuance of building permit(s).
No Obligations Other Than Those Set Forth Herein Will Be Recognized
Project No. 56175-F-2003-1 Page 6 of 6
AP No. 042-080-003 &078 October 14, 2003