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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. KL:pe:gpp g:\realprop\97-11\B R 11-4.wpd 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 KAL:gpp glrea1prop\97-101DE3ECRA.wpd October 16,1997 e .s 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 KAL:9pp g:\cledcal\exhibits\CtyEC.wpd '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 KAL'gpp I g:LeaiN,up\97.9Vir;1F3RT.wpd f $eptembbf 30,1937 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 i ATTACH APPROPRIATE ACKNOWt-mGMENT p:MtApfppti97-M1 ORT.wpe SoFWMW 30,1097 I 1 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 i I KAL:gpp g A0uHca 11exhlbft$\CtyEC.wpd September 30, 1997 i i i I 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 A S 1 1 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