COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 Elmhurst Street Hayward, CA (510)

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COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 Elmhurst Street Hayward, CA 94544-1307 (510) 670-5480 July 7, 2011 AGENDA ITEM # July 26, 2011 The Honorable Board of Supervisors County Administration Building 1221 Oak Street Oakland, California 94612 Dear Board Members: SUBJECT: APPROVE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS (EXPIRING DECEMBER 31, 2012) FROM A PROPERTY OWNED BY THE ROMAN CATHOLIC BISHOP OF OAKLAND, FOR $38,250; AUTHORIZE WARRANT(S); ACCEPT AND RECORD TEMPORARY CONSTRUCTlON EASEMENTS (LEWELLINGIEAST LEWELLING BOULEVARD IMPROVEMENT PROJECT R/W - NOS. 36050-A-l AND 36097-A-l) RECOMMENDATION: Adopt and approve the resolution to: 1. Authorize and approve the purchase of temporary construction easements (expiring December 31, 2012) totaling 693.8 square meter (7,468 square feet)) from St. John's Church located in the Ashland area (Eden Township), ovmed by the Roman Catholic Bishop of Oakland for $38,250, plus costs of reconveyances, escrow fees and title insurance; and 2. Accept and authorize recordation of grants of Temporary Construction Easement (expiring December 31,2012), both dated May 17,2011; and SUMMARY/DISCUSSION: The County has a proposed project to widen and improve LewellinglEast Lewelling Boulevard in San Lorenzo between Hesperian Boulevard and Meekland Avenue. This project is being constructed as part of the Alameda County Transportation Improvement Agency's (ACTIA) sponsored Measure "B" local tax funded project in unincorporated Alameda County. "To Serve and Preserve Our Community"

Honorable Board of Supervisors Page 2 July 7, 2011 Specifically, new curbs, gutters and sidewalks will be constructed along with the installation of a bicycle lane, new landscaping and streetscape improvements. For the roadway-widening project, partial takings totaling 693.8 square meter (7,468 square feet) are required. The temporary construction easements (expiring December 31, 2012) as needed to conform the front yard to the elevation of the new street improvements. The purchase of the temporary construction easements will be required from S1. lohn's Church owned by the Roman Catholic Bishop of Oakland. The owner has accepted the County's offer of $38,250, the appraised fair market value of the partial takings of the temporary construction easements that are required for the project. The purchase should be approved by adoption of the proposed resolution. FINANCING: Funding for this acquisition is available through Alameda County Transportation Improvement Agency's (ACTlA) Measure "B" local tax funded program, and is available in the current year budget of Road Fund 21200, ORG 270402 (Road Department), Account 640141 Other Charges (RJW Acquisition), Program 50600 Engineering and Construction. RM:mbc Yours truly, L~ Damel Wol esenbet, Ph.D., P.E. Director of Public Works

ty Counsel!J."I':!.J--"""JuDsel THE BOARD OF SUPERVISORS OF THE COUNTY OF ALA'MEDA, STATE OF CALIFORNIA RESOLUTION NUMBER: R APPROVE THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS (EXPIRING DECEMBER 31, 2012); TOTALING 693.8 SQUARE METER (7,468 SQUARE FEET); DRAW AND DELIVER WARRANT(S)j ACCEPT AND RECORD TEMPORARY CONSTRUCTION EASEMENTS WHEREAS, the County of Alameda requires the temporary interest in the parcels of real property, hereinafter described as ''Nos. 36050-A-I and 36097-A-I" temporary construction easements (expiring December 31, 2012), for the widening and improvement of a portion of LewellinglEast Lewelling Boulevard in the unincorporated San Lorenzo area of the Township of Eden; and WHEREAS, the Roman Catholic Bishop of Oakland, has agreed to sell the temporary construction easements (expiring December 31, 2012), for public highway purposes for the sum of Thirty~Eight Thousand Two Hundred Fifty and 00/1 00 Dollars ($38,250.00), the appraised fair market value thereof, p[us costs of recoo veyances, jfan y, tihe insurance an d escrow fees. NOW, THEREFORE, BE IT RESOLVED, that the purchase of the temporary construction easements (expiring December 31, 2012) for public highway purposes, from the aforesaid owner for the aforesaid amount, be and the same are hereby approved; and BE IT FURTHER RESOLVED, that the Auditor, upon notification by the Director of Public Works, as to the payee(s) and amount(s), is hereby authorized and directed to draw his special warrant(s) from Fund 21200, ORG 270402 (Road Department), Account 640141 Other Charges (RfW Acquisition), Program 50600 Engineering and Construction, as so notified, said warrant(s) to be forwarded to the Director of Public Works to be by him delivered to the payee(s) at such time as title to the hereinafter described parcels of real property are vested in the County of Alameda; and BE IT FURTHER RESOLVED, that the certain grants of Temporary Construction Easement (expiring December 31, 2012) (Nos. 36050-A-I and 36097-A-I) from the aforesaid owner, both being dated May 17, 2011, conveying said temporary construction easements (expiring December 31, 2012), to the County of Alameda, be and the same are hereby accepted, and the Director of Public Works be and he is hereby authorized and directed to cause said grants of Temporary Construction Easement to be recorded at the Office of the Recorder of Alameda County; and The temporary construction easements hereinabove referred to are more particularly described in Exhibits <ta" and "B", respectively, (Nos. 36050-A-I and 36097-A-I), attached hereto and made a part thereof.

EXHIBIT A PART10F2. COUNTY OF ALAMEDA DESCRIPTION EAST LEWELLING BOULEVARD Temporary Construction Easement (Expires December 31,2012) to be acquired from THE ROMAN CATHOLIC BISHOP OF OAKLAND, a California corporation. Map: EE-336 (Sheets 9, 10) APN: 413-23-38-1 (Por.) No. 36050-A-1 December 6,2005 Revised March 7, 2006 Revised September 28,2006 All that certain real property situated in the ~nincorporated area of the Township of Eden', Co'unty o! Alameda, Stale of California, described as follows: Beginning. at the point of intersection of the northerly right-of-way line of Easl. Lewelling Boulevard, formerly Lewelling Boulevard, 20.117 mete~s (56.00 feet) in width, with the westerly line of Lot 1, Block 2, as said boulevard, lot and qlock are delineated and so designated on that certain map entitled ''Tract 859" etc.., filed June 10, 1948, in Book 27 ofmaps. at page 78 thereof, 'Records of Alame(ja' County, California;. thence' along said northerly right-of-way line of East Lewelling Boulevard, North 89 or' 57'" West, (the bearing of said northerly right-of-way line being taken as North 89-01 '. 57" We?t for the purpose of making this description), 42.672 meters (140.00 feet): thence leaving said northerly right-of-way line of East Lewelling Boulevard, Nort~ 1 43' 03" East, 1.136 meters (3.73 feet) to a point thereon, last said point bei~g the ACTUAL POINT OF COMMENCEME.NT; thence North 89 01' 57" West, 3.1?O ~eters (10.24 feet); t~ence Nqrth, 86 20' 00" West, 62.705 meters. (205.73 feet) to the easterly line,of that ' ~ertajn parcel o"f land described in the deed from Mildred Simi, a Widow, to the County of Alameda, dated October 23,1973, and recorded October.31, 1973;. in Reel 3544 of

No. 36050-A-1 p'age 2 Official Records at image 358 thereof (73-146727), Records of Alameda County, California; thence along said easterly line, North 1 43' 03" East, 0.178 meters (0.58 feet) to the northerly line of said parcel of land (73-146.727); thence along said northerly line, North 89 Of 57" West, 3.787 meters (12.42 feet);, thence leaving said northerly line, North 86 '20' OO~ West, 3.584 meters (11.76 feet); thence North 89 0 01' 57" West,. 9.324 meters '(30.59 feet) to a point on the general northeasterly line of said parcel of land (73-146727); thence along said general northeasterly line. westerly, northwesterly and northerly an the arc of a curve to the ~ght, tangent at last said point to a course, which bears North 80 29' 52~ West, the radius of which curve is 15.240 meters (50.00 feet)" through a central angle of 82 0 12' 55 h, a distance on said arc of 21.868 meters (71.75 feet) to a point of tangency on the easterly right-of-way.'line of Ashland Avenue, as said right~of way line was established under said deed (73-146727); thence along said easterly right-of-way line, North 1 0 43' 03" East, 11.557 meters (37.92 feet); thence leaving said easterly right-of-way line, South 88 40' 00" East, 3'.015,meters (9.89 feet); thence South 1 20' 00" West, 16.831 meters (55.22 feet); thence South 45 01' 19" East, 10.042 meters,(32.94 feet); thence ~outh 89 01' 57" East, 19.42B meters (63.74 feet); the!lce North 1 0 43' 03" East, 2.864 meters (9AO feet); thence North 89 59' 38" East, 39.443 meters (129.40 feet); thence South" 1.766 meters,(5.79 feet); thence South'88 49' 33" East, 4.050 meters (13.29 feet); thence South 0 24' 04" East, 2.844 meters (9.33 feet); thence SO\.lth 88-05' 32" East, 1.193 meters (3.91 feet); thence South, 1.867 meters (6.13 feet); thence,south 89 06' 03" East, 15.184 meters (49.82 feet); I ) thence North, 1.906 meters (6.25 feet);

No. 36050-A-1 'Page 3 thence North :89 0 13' 51" East, 1.2~9 meters (4.06 feet); thence North, 1.965 meters (6.45 feet); thence South 89 10' 00" Ea~( 4.603 meters (15.10 feet); thence 'South 1 43' 03" West, 7.263 meters (23.83 feet) to the ACTUAL POINT OF COMMENCEMENT. Containing 552.8 squ,are meters. (0.137 acre), (5950 square feet), more or less, -and being a portion of lands of The Roman Catholic Bishop of Oakland. All bearing a~d distances in this description are based on the California -Coordinate System of 1983, Zone 3. To o.btain ground level distances, multiply stated distances by'1..o000675. This real property description hqs been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Russell Reid Penland, Jr. County Surveyor LS 5726, Reg. Exp.: 12/31/2007 By ~we- Albert Jordan Professional Land Surveyor LS 6623, Reg. Exp.: 1213112007 Date I

EXHIBIT A PART20F2. COUNTY OF ALAMEDA-DESCRIPTION. EAST LEWELLING BOULEVARD Temporary Construction Easement (Expires December 31,2012) to be acquired from THE ROMAN CATHOLIC BISHOP OF OAKLAND, a California c<;jrporation. Map: EE-336 (Sheets 10) No. 36097-A-1 APN: 413-23-35 (Por.) October 16,2006 All that certain real property situated in the unincorporated area of the Tqwnship of Eden, County of Alameda, State of California, Oe.scribed as follows:, ) Begi~ning at the point of intersection of the northerly right-of-way line of East Lewelling Boulevard, formerly Lewelling Boulevard, 20.117 meters (66.00 feet) in width, with the westerly line of Lot 1, Block 2, as said boulevard, lot and block are delineated and so designated on that certain map entitled 'Tract 859" etc., filed June 10, 1948, in Book 27 of Maps at page 78 thereof, R.ecords ofalameda Cou.nty, California; thence alon.9 said westerly line of Lot.1, J~orth 1 44' 03" East (the bearing of sai~ westerly line: being taken as North 1 44' 03" East for the purpo~e.of making this. description): 1.136 meters (3.73. feet) to p point thereon, last said point being the ACTWAL POINT OF COMMENCEMENT; thence leaving said westerly line, North 89 01' 57" West, 24.384 meters (80.00 feet); thence North 1 0 43' 03" East, 5.822 meters (19..10 fe.et);. thence South 88 50' 3T East. 24.385 meters (80.00 feet) to a point on the aforesaid westerly Iirie of Lot 1, Block 2, T ~aet 859;. thence along said westerly.line, South 1 44' 03" West, 5.742 meters (18.84 feet) to the. ACTUAL POINT OF COMMENCEMENT. C9ntaining 141.0 square meters (0.035 acre), (1518 square feet), more or less, and being a portion of lands of The Roman Catholic Bishop of Oakland, a Ca~jfornia corporation.

No. 36097-A-l, Page 2 All bearing and distances in this description are bas,ed on the California Coordinat? System of 1983, Zone 3. To obtainground'level distances, multiply stated distances by 1.0000675. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Russell Reid Penland, Jr. County Surveyor LS 5726, Reg. Exp.: 12/31/2007 By #~~~ Albert Jordan' " Professional Land Surveyor. LS 6623, Reg. Exp.: 12131/2007 J~!~/?po7 Date