HomeMy WebLinkAboutRESOLUTIONS - 11041997 - 97-610 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA D.
Adopted this Resolution on November 4, 1997, by at least a four-fifths vote as follows:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/610
(Gov. Code § 25365)
SUBJECT: Conveyance of County Owned Excess Real Property
to the EI Cerrito Redevelopment Agency
Assessor's Parcel No. 513-364-017
Project No. 5233
EI Cerrito Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board on October 21, 1997, passed Resolution No. 97/553 and Notice fixing Tuesday,
November 4, 1997, at 11:00 a.m., in its Chambers, County Administration Building, Martinez, California,
as the time and place when it would meet to consummate the conveyance of the real property described
therein to the EI Cerrito Redevelopment Agency; said Notice was duly published in the West County
Times.
This Board, by the aforesaid Resolution, found that said property is no longer required for present
or future County use and the sales price of$786,433.98 represents it market value.
This Board previously APPROVED the Revenue Lease on December 19, 1995, between Contra
Costa County and the EI Cerrito Redevelopment Agency and the conveyance of the property located
on 1820 Peerless Court, EI Cerrito, to the EI Cerrito Redevelopment Agency upon payment of
$786,433.98 to the County. The Board Chair is hereby AUTHORIZED to execute a Grant Deed to the
EI Cerrito Redevelopment Agency on behalf of the County, and DIRECTS the Real Property Division to
cause its delivery to the EI Cerrito Redevelopment Agency for acceptance and recording.
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Orig. Dept.: Public Works(R/P) t Hereby eafft,that!this is a true and correct or
Contact: Karen A. Laws 313-2228
on,action taken and entered on the minutes of the
( ) Board of suv oveM erdat4sh°wf997
cc: County Administrator �,ro s
County Assessor PHIL BATCHELOR,Clork of the board
County Recorder(via R/P) otSupervisors and County Adma
inlstrat
Public Works Accounting , Do"
Lease Management
RESOLUTION 97/ 610
? Recorded at the request of:
EI Cerrito Redevelopment Agency
� Return to:
EI Cerrito Redevelopment Agency
10890 San Pablo Avenue
EI Cerrito,CA 94530
Attn: Elisa Tierney
Assessor's Parcel No.513-364-017 Title Co.Order No.767643
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California,
Grants to EL CERRITO REDEVELOPMENT AGENCY, a public body, corporate and
politic, a political subdivision of the State of California,
the following described real property in the City of EI Cerrito, of the County of Contra
Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF,
CONTRA COSTA COUNTY
Dated November 4, 1997 By MW.
Chair, Board of Supervis
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On November 4, 1997 before me,
Phil Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County, personally
appeared Supervisor Mark DeSaulnier ,
who is personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capac'Ity(ies), and that by his/her/-
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
By:
uty Clerk
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October 16,1997
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Exhibit °A"
REAL PROPERTY in the City of EI Cerrito, County of Contra Costa, State of California,
described as follows:
CITY OF EL CERRITO
Lots 8 to 20, inclusive, as shown on the Map of Gill's addition to Pullman, filed May 2,
1911, in Book 5 of Maps, Page 102, in the Office of the County Recorder of Contra Costa
County, together with that portion of the southerly 1/2 of Huber Avenue, title to which
would pass by a conveyance describing said Lot.
EXCEPTING THEREFROM: That portion thereof lying westerly of the east line of the
parcel of land described as Parcel 1 in the Deed to City of EI Cerrito, recorded April 27,
1961, Book 3855, Official Records, Page 29.
Assessor's Parcel No. 513-364-017
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'September 30, 1997
' TEL No . Oct 21 ,97 10, :33 No .002 P .02
Recorded at the request of,
Contra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division O
�if
255 Glacier Drive 1,
Martinez, CA 94553
Attention: Karen A. Laws
Assessor's Parcel No. 513-364-017
Title Co. Order No. 767643
GRANT DEED
For Value Received, BERT FELTON, Trustee of the BERTRAM M. FELTON REVOCABLE
TRUST, established April 22, 1985, as to an undivided 112 interest, and LELAND R.
FELTON and JEANNE S. FELTON LIVING TRUST u/a/d September 19, 1983, as to an
undivided 1/2 interest,
GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California,
s
the following described real property in the City of El Cerrito, of the County of Contra Costs, State
of California,
FOR DESCRIPTION SEE EXHIBIT'W ATTACHED HERETO AND MADE A PART HEREOF.
I
GRANTOR
I
Date
Bert Felton, Trustee
i
I
i
I
Leland R. Felton, Trustee
G
Jeanne S. Felton, Trustee
4
ATTACH APPROPRIATE ACKNOWLEDGMENT
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TEL No . Oct 21 ,97 10 :33 No .002 P .03
10l1A/9T T n: 16:01 FAH 510 313 1333 CCC PUBLIC WOM IZ002
Recoid®d at the request oT:
Contra Costa County
Retum to:
Contra Costa County
Public Works Department
Real Property Division
255 Olador Nve
Mart;nex,CA 84553
Attention: Karen A. Laws
A"essors Parcel No.$13-364-017
Title Co. Order No. 767643
GRANT DEED
For Value Received, BERT FELTON,Trustee of the BERTRAM M. FELTON REVOCABLE
TRUST, established April 22, 1985, as to an undivided 112 interest, and LELAND R
FELTON and JEANNE S, FELTON WING TRUST Wald September 19, 1983, as to an
undivided 112 Interest,
GRANTS to CONTRA COSTA COUNTY, a po►itfcal subdivision of the State of Califomis,
th0 following described real property in the Citic of El Cenito, of the County of Contra Costs,State
of California,
FOR DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR
1 '7
i
Bert F ton,Trustee
�I
Le and F:. Fa on, T see
anne S. Felton,Trustee
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ATTACH APPROPRIATE ACKNOWt-mGMENT
p:MtApfppti97-M1 ORT.wpe
SoFWMW 30,1097
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TEL No . Oct 21 ,97 10 : 33 No .002 P .04
I
STATE OF CAL:ro N�ZA )
SS.
COUNTY OF .5a n riaAe-'0 -- )
On �� � +�T 9 r] _ before me,
r_
a Notary Public In and for Bald County and State,personally appeared 176,J
(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(G)
is/are subscribed to the within Instrument and acknowledged to me that he{she/they executed the same In
hl&Aw/their authorized capacity(les), and that by hl�/their signature(s) on the Instrument the person(s), or the
entity upon behalf of which the person(s)acted,executed the instrument,
WITNESS my hand and official seal.
SUSIE BUT TERFIELD
w ,A COMM.#11007870
NOTARY PUBLIC-CALIFORNIA m
S ure of Note 3: "' sAN"TW COUNTY
My Cammisslon ExQires October 311,11997
STATE OF CALIFORNIA )
SS.
COUNTY OF _ }
On before me,
a Notary Public In and for said County and State,personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s)
Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in
hls/her/their authorized capaclty(les), and that by his/her/their signature(s) on the Instrument the person(s),or the
entity upon behalf of which the person(s) acted,executed the Instrument.
WITNESS my hand and official seal.
Signature of Notary
GXTNOTI -09/25/95Dk
TEL No . Oct 21 ,97 10 :33 No .002 P .05
�.�4, `
STAT= F CAL.IF�K A }ss.
COUNTY
On U � 7 `� before me,
personally appeared
ef.ie c -
pemerteHy-knewr Ho-me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) Ware subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(les), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf'f which the person(s) acted, executed the instrument.
fTN.E+"
SS y tend and offici se 1
BARBARA J.MC CORKLE 3
/ COMM.# 1055394
sign,
I nae re NOTAPYPUhIC•CAI.IroANIA
SONOMIA COUNTY
^s.irSl
My comm.Explros June 30,1099
i
(This area for wriwul nutatlal seal)
Title of Document: A--e-,-7t
Date of Document: /L) - 15-- 1 `7 No. of Pages:
Other signatures not acknowledged: i
30t?8(SM)(1194)(General)
First American Title insurance Company
l
" TEL No . Oct 21 ,97 10 :33 No .002 P .06
' r
Exhibit "A"
i
REAL PROPERTY in the City of EI Cerrito, County of Contra Costa, State of California,
described as follows:
CITY OF EL CERRITO
Lots 8 to 20, inclusive, as shown on the Map of Gill's addition to Pullman, filed May 2,
1911, in Book 5 of Maps, Page 102, in the Office of the County Recorder of Contra Costa
County, together with that portion of the southerly 112 of Huber Avenue, title to which
would pass by a conveyance describing said Lot.
EXCEPTING THEREFROM: That portion thereof lying westerly of the east line of the
parcel of land described as Parcel 1 in the Deed to City of EI Cerrito, recorded April 27,
1961, Book 3855, Official Records, Page 29.
Assessor's Parcel No. 513-364-017
i
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September 30, 1997
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William L. Nelson Peter:C..,oubal
Environmental Marketing Group 6502 Morris Ave.
1926 Contra Costa Blvd., Ste. 176 El Cerrito
Pleasant Hill, CA.94523-3034 Califor din 94530 IVt�I
Ph: (510) 9.32-4943 Pb: (5I0) 233-8027
November 4, 1997
Board of Supervisors, Contra Costa County
651 Pine Street
Martinez, California 94553
RE: BOS Meeting of November 4, 1997, Item D.5
Sale and Transfer of County Interest in 1820 Peerless Avenue, El Cerrito, to the
City of El Cerrito and its Redevelopment Agency, and Third Parties.
Honorable Supervisors:
We the undersigned request you defer action on the referenced property disposition until
such time as an impartial third-party review has been made of the valuation of the
referenced property, and the circumstances related to decisions of the El Cerrito
Redevelopment Agency (ECRDA) regarding same. Such impartial review should include
fair-market appraisal of the referenced property and adjacent parcels comprising the"Del
Norte Marketplace"(I)NMP) development sponsored by the ECRDA.
The ECRDA's governors and the El Cerrito City Council have not exercised reasonable
fiduciary duties in their actions and the disposition of the DNMP proposal, and related
property transactions of public and private lands. The appraisal basis on which the
proposed package of transactions is planned for later this week, is defective. Among
other things, the ECRDA's holding costs for the properties have not been properly
accounted. The appraisal itself is too dated to be used as a basis.
Tho ECRDA's failure to maintain reasonable fiduciary standards in the assemblage and
disposition of the DNMP parcels has had a negative uupact on the valuation of the County
interests in 1820 Peerless Avenue. We believe the ECRDA improperly devalued the
County property in question when its valuation was set in 1992, and sought to diminish or
eliminate the provision of social services in West County in its approach to referenced
property disposition. Apparently no effort was made to include County offices in a
redevelopment plant.
The appraisal being used as a basis for ECRDA proposed transactions erroneously
maintains that a strip shopping center is the highest and best use of the proposed DNMP
property in making a reuse evaluation. The consensus of residents of the community who
have met on this question, in private and public meetings including a focused task force, is
that this is not so. The highest and best use must be related to the area's fundamental
`i
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1305 Item D.5 - El Cerrito RDA
r November 4, 1997 Page 2 of 2
character as a public transit crossroads for Northwest Contra Costa County, and the
drawing of a well .integrated masterplan that fully utilizes this aspect.
Many citizens working for orderly development, have sought to have the City engage in a
revision of its General Plan before committing Del Norte area developments to an unwise
and financially imprudent course. El Cerrito currently does not have a viable General
Plan, and is operating under an interim arrangement, The DNMP development does not
qualify as an exception for General Planning application, and should await the revision of
the General Plan.
The ECRDA is currently planning on giving over $1.51M of acquisition cost-value to the
developer in question. We believe the developer will be further subsidized by the
undervaluation of the County property. In addition, the ECRDA has holding period costs
which it has not publicly disclosed, that may result in a City public subsidy well in excess
of$2.QM for the assembled properties it proposes to sell to the developer for $2.1M.
The conditions of sale as proposed by the ECRDA are unacceptable to both City and
County public interests. The properties in question are valuable and we are confident the
County will obtain better value for its interests and holding period risk, atter a reasonable
planning process has brought matters under the control and protection of an accepted
General Plan. We expect this will occur in the coining months.
Respectfully submitted,
Peter Loubal William L. Nelson
for El Cerrito Residents for the Public Transit Interest
cc: El Cerrito City Council
EXHIBIT B
Target Area#2 Del Norte B.A.A.T.Station
San Pablo Avenue 32,500 A.O.T. 4 Lane with Median
ase•
D �•
r
Mme Yc4 V om cmD
;37 J rytia a°
d r;
ooc l
os;Q oJ�Q f v� �Qv� 14`4 a°c
AN�,ne A4C y
/ Z
Freeway ort.,,
o �
To Be Abandoned
o- zw•
I80 A.D.T.
Agency property
County Probation
Property
F, ? Retail is the desired use ture are important for
EliCernto
None Nwe A�,"eet < nlcemene Sheef
N
Ofor this target area. The this major entrance to
3 SUM Z
BART `""" right-of-way of Peerless, the City.
suti.. .,.. Hill, Huber, and Gill
"' San Veele Arenw
Streets will be abandoned
J
EI Cemro
in order to consolidate
naz, the site. Quality land-
s a z BART
Shwn scaping and architec-
t•': v v