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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-644 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 11, by the following vote: AYES. Gioia,Piepho,beSaulnie,Glave and Uilkema NOES: None ABSENT: None ABSTAIN: None IOWL UTIOtr+II�IO � Streets & Hi hwa s Cade 9 9 Y § . ) SUBJECT: ADOPTResolution No. 2005/4#approving the Sale of Surplus Real Property located at 2102 Paige Court. [CDD-CP#90-6] Pittsburg area. District V. Protect No. 98-35-P'(6X4258) The Board of Supervisors of Contra Costa County RESOLVES THAT: Centra Costa County acquired Certain real property on September 1, 1998 and December 30, 1998 in the City of Pittsburg,with Contra Costa Transportation Authority(CCTA) funds described in Exhibit 'W' attached hereto, for highway purposes. The City of Pittsburg requested' a lot merger of the remainder of these two sites due to their size and a utility easement'. CCTA no longer needs the property for State Highway purposes and wishes to dispose of the parcel as surplus property. This Board hereby APPROVES and AUTHORIZES the sale of said property to'Mt.Diablo Habitat for Humanity, pursuant to Streets&Highways Code Section 960 and the Chair,Board of Supervisor is hereby AUTHORIZED to execute a Grant Deed and sign the Option Agreement, on behalf of the County,in consideration for payment received in full in the amount of$100,000. The Board hereby DIRECTS that said funds be credited to the County, Org. 9553, Sub No. 3580.' The Real Property Division is DIRECTED to cause said Grant Deed to be delivered to the grantee. CPSeh G:tGrpdata\RealProp12005-Files\Bos&Reso1BR.22 Paige Court.doc Ong.',Dept.: Public Works(RtP) Contact: C.Pifla-Sandoval(313-2012) Recording to be completed by Mt.Diablo Habitat for Humanity i hereby certify that this Ili a true and correct cc: Public Works Records copy of an 00ion taken and entered on the Grantee(via RJP) minutes of the Board of Supervisors on the Recorder(via R/P) date shown. Beard Orders Senior Clerk,Adm. ATTESTED:' JOHN R.SWEETEN,Clerk of the Board of Supervisors r County Administrator By— —Deputy RESOLUTION'NO.2002/ ` City of Pittsburg Contra Costa County Parcel Map Waiver 04-04 Legal Description Exhibit"A' A portion of Lot 23 as described in the Grant Deed to Contra Costa County, a political subdivision of the State of California, recordedDecember 30, 1998 as document No. 98- 0328784-00 in the Office of the County Recorder of Contra Costa County, California;and a portion of Lot 24 as described in the Gant Deed to Contra'Costa'County, a political subdivision of the State of California, recorded September 09, 1998 as Document No. 98-0217304-00 in the Office of the County Recorder of Contra Costa''County, California, more particularly described as follows: BEGINNING at the southeastern corner of the above referenced Lot 23 thence along the eastern line of said Lot 23 NOO°29'00"E, 98.80 feet; thence leaving last said line on a non tangent curve to,the left, from which point a radiad line beers N05°5244"k1U, having a radius of 5538.09 feet, through a central angle of 01"41'03", an arc distance of 162.80 feet to the western line of the above referenced Lot 24: thence'along'the western and southwestern lines of said Lot 24 S02°04500"E, 61.93 feet and 565006'00"E, '121.63 feet to the most southern corner of said Lot 24, sald'point being on the right-of-way line of Paige Court; thence along said right-of-way line on a non tangent curve to the right, from which point a radial line bears NW46'16"W,'having a radius of 51.00'feet, through a central angle of 70°15'16'; an arc distance of 62.53 feet, to the POINT OF BEGINNING. Containing 15,638 square feet, more or fess. There shall be no abutter's'rights of access appurtenant to the above described real property in and to the adjacent State freeway. Bearings and distances used in the above descriptions are based on the California'Coordinate System of 1983, Zone 3 (1986 adjustment). Multiply distances shown by 1.0000539 to obtain ground distances. This real property description has been prepared by me, or under my direction, in conformance with the professional Land Surveyors Act. Signature ` Registered''Profess' Engineer ' Date G' M to No. 23922 �r F CIN Q:\1994\9402006\desc\Conbined lot 24 and 23 reet.doc Bearing are CCS83, Zone. 3 (1986 ADJ). CITY OF PITTSBURG Distances and stationing are grid distances. LINE Multiply by 1.0000639 to obtain ground distances, ---I- RNIE �A ga RNIE 4 199 57 198+40 DOC No. 81 -75048 CCCR '44 MR) N05*52 DOC No. 81 -75048 CCCR", R *41 03 L==16 .80 N07 33'47"\N R —8 L - 5 R==5538-0'9 239 NJ 45 =80.25' Property Line SUBDIVISJOJN 5733 o Be Removed HILLSDALE UNIT Nb 8 0 CD t'j 0-) LLOT OT 0 co 24 23 1`13 90 2 (D co 2 5-Q C;(-'� C� CD 0' F G & E EASEMENT ot M 7 OR 93 M 21 258 6B 0 1\00P.0. 4) NOTE Resulting lot area Ci 15,638 sq. ft. -,�. 9 416'1-6"WCR.l 60 Existing 4' P.U.E. 20 25 VICINITY MAP 04 26 LEGEND T�fd4 P.O.B. Point of Beginning fit? tc �a 1-1�-"? G ry; It - oR� P.U.E. Public Utility Easement tam CCCR Contra Costa County Records 3L "i I iv'�' PAIGE COURT Access prohibited GRAPHIC $CALE 40 0 2 0 4 0 tu AD EXHIBIT SCALE: 1'"-40 P LAT C HAUDHARY DATE: 4/21/2004 LANDS OF CONTRA COSTA COUNTY Lot 24 A.P.N 095-341 -030 FILE Na. 9402006 2 ENG14EE S 102 Paige Ct. Pittsburg, CA. 851 NAPA VALLEY CORPORATE WAY,SUITE G Lot 23 - A.P.N. 095-3:f1 -029 Tet:(707)255-2729 FAX.(707)255-5021 WWW.CHAUDHARY.COM 2100 Paige Ct. Pittsburg, CA. W2006\01EX-LOT 23-24 ........... ...... .............. Recorded at the requiE st of: Mt. biablo Habitat for Humanity Return to; Mt. Piablo Habitat for Humanity 570 2 Marsh Drive, Suite T Pacheco, CA 94553 Attu: Judith Bryan Assessor's Parcel No. 595-341-035 Title Co. Order No.'0111 003149-PC GRAWDEED' For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to MT.' ©IABLO HABITAT FOR'HUMANITY INC., A PUBLIC BENEFIT, NON PROFIT CORPORATION, the following described real property in the City of Pittsburg, County of Contra Costa, State of California, FOR DESCRIPTION BEE EXHIBIT 'IN' ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA COUNTY'' OBER 11 2005 Dated ' B air, Board Supervisors STATE OF CALIFORNIA } COUNTY OF CON'T'RA COSTA } on -OCT. U) M5afore me, &ElDk I- SRW Deputy Clerk of the Board of Sia ervisors, Contra Costa County, personally appeared G E B- Un FM who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that helshefthey executed the same In histherlther authorized capacty(ies), and that by his/her/their signature(s)on the instrument the persons) or the entity; upon behalf of which the person(s) acted executed the instrument. By: Deptky Clerk :asp, C 1GrpDaWReaiProp\200 -FilesAOS-9\DE-03 Paige Court.doc 3119fos i City of Pittsburg Contra Costa County Parcel Map Waiver 04-04 Legal Description Exhibit"A" A portion of Lot 23 as described in the grant deed to Contra Costa County, a political subdivision of the State of California, recorded December 30, 1998 as Document No. 98- 0828784-00 in the Office.of the County Recorder of Contra Costa County,California and a portion of Lot 24 as described in the Grant deed to Contra Costa County,;a political subdivision of the Mate of California, recorded'September 09, '1998 as document No. 98-0217304-00 in the Office of the County Recorder of Contra Costa County, California, more particularly described as fellows: BEGINNING at the southeastern corner of the above referenced Lot 23: thence along the eastern line of said Lot 23, 'N00°29'90"E 98.80 feet; thence leaving last said line on a non tangent curve to the left, from which point a radial line bears N05°52'44"fit, having a radius of 5538.09 feet, through a central angle of 01 041'03", an arc distance of 162.80 feet to the western line of above referenced Lot 24:thence along the western and southwestern lines of said Lot 24, 802°04'00"E, 61.93 feet and S65°06'00"E, 121.63 feet to,the most southern corner of said Lot 24, said point being on the right-of-way tine of Paige Court; thence along said right-of-way line;on a non tangent curve to the right, from which point a radial lire burs N69°46'16" ,having a radius of 01.00 feet, through a central angle of 70°15'16", an arc distance of 62.53 feet, to the POINT OF BEGINNING. Containing 15,638 square feet, more or less. There shall be no abutter's rights of access appurtenant to the above described real property in and to the adjacent State freeway.., Bearings and distances used in the above descriptions are based on the California Coordinate System of 1983, Zone 3 (1986 adjustment). Multiply distances shown by 1.0000639 to obtain ground distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. 4 A. Signature Registered'Profess' Engineer p M we to No. 23922 ,! ' Date c l OF,C �� � Q1199419442606\dcsckCQmbined lot 24 and 23 feat.dac Parcel Number:095441-035 Optionee lit, Diablo Habitat for Humanity Project game:Sale of Surplus RealProperty Address- 5702 harsh Drive, Ste. T Proiect Number.98-35-P(6X4258) Pacheco, CA 94553 OPTION AGREEMENT BETWEEN : CONTRA COSTA COUNTY AND THE OP'TIONE'E NAMED HEREIN (Not to be Recorded) 1 Recitals. a. CONTRA COSTA COUNTY, a', political subdivision of the State of California ("County") is the owner of certain real'property described in Exhibit "A" attached hereto and made a part' hereof, and; further identified as A.P.N. 095-341.035 hereinafter referred to as the"Property." . County proposes to sell the Property. C. Mt. Diablo Habitat for Humanity ("Optionee")desires to acquire the exclusive right to purchase the Property at an agreed 'price and under the specific terms and conditions below. 2. EffecOve Date. The effective date of this.Option shall be the date that this Caption is approved by the Contra Costa County Board of Supervisors("Effective Bate"). 3 Grant of Option. County grants to Optionee the exclusive';option;to purchase the Property on the terms and conditions in this Option Agreement. 4. Term of Option. The terra of this Caption shell commence on the Effective bate and shall expire or terminate on the earliest of the following dates: a. Caption Term. The Option shall expire or terminate on February 28, 2006. Optionee shall have forty-five days from the Effective Cate to perform and complete any and all investigations, testing, surveys and studies Optionee deems necessary, to reach a final decision on whether to ,purchase the Property. Optionee's obligation to complete this purchase is contingent;on Optionee satisfying all investigations, testing, surreys,and study contingencies and waiving',or releasing his right to cancel this Agreement. Within forty-five:days' of the Effective Date, Optionee shall give written notice to County either that (1) Optionee has satisfied all investigations and will continue with ;the purchase transaction` or (11,) Optionee is canceling; the Agreement and the,purchase transaction due'to investigative findings that velli not permit the property to be improved as intended by Optionee and for no other reason. '1 b. Exten�icn of Optlon Period. County,In Its so dkscretI n, shall have the right,but note obligation, to extexQTarinn ,under such terrns and conditions as County believes is reasonable,if County,in its Bole discretican, believes such axtenslon is warranted. No such extension shall'be effective unless and until it is in writing signed by both parties. C. Breach. immediately upon a breach or default by Optionee under this Option Agreement. d. Purchase. The date that the Optionee acquires the entirety of the Property. 6. Reports. County shall receive copies of all,Investigations, testing, surveys, and studies done on the property. 6. Terms and Purchase Price. a. Escrow If the Optiones exercises Its Option, Optionee hereby authorizes County to prepare and file escrowinstructions with Old Republic Title Company, escrow number 011'1003149-PC and delivered to'the care of Pat Cooper at 3000 Clayton Load, Concord,CA 94519 on behalf of Optionee In accordance with this Agreement. Escrow shall be deemed' to be closed and the Property, shall be deemed to be conveyed on the dote the deed to Optionee is recorded ("Closing mate"). All escrow fees, recording fees, documentary transfer taxes or other real estate transaction taxes or fees, by whatever name known, including broker's commission, if any,';and personal property sales taxes where applicable, will be paid solely by Optionee. if title Insurance Is desired by the 4ptionee, Optionee will be solely responsible to'pay the premium charged therefor. b. Purchase Price. The purchase price {*Purchase Price"}for the Property during the Option Terra is the sura of One Hundred Thousand Dollars ($100;000). 'The Purchase price shall bei made payable to Old republic Title Company, escrow number 011'1003149-PC and delivered to the care of Pat Cooper at 3000 Clayton Road, Concord, CA 94519 prior to the expiration of the Option Term. . Title;(Grant'Deed. The ,right, title and interest in the Property to be conveyed by County pursuant to this Agreement shall not exceed that vested in the County. if the Optionee exerclsat its option,the Property shall be conveyed to Optionee subject to all title exceptions, restrictions, easements, liens and reservations,'whether car not of record. The sale under this Option is subject to the approval of the Contra Costa County Board of Supervisors. The Optionee may not take possession of the Property until a steed from the Contra Costa County has been recorded except as under Clause 9 of this Option Agreement. If the Optionee exercises lts Option, upon approval by the Board of Supervisors,the County shall convey title to the property to the Optionee by Grant Deed. It is understood that Optionee acquires no right, title, interest or equity in or to said property until a grant deed to Optionee is recorded. 7. Condition of the Proporty. Neither County, nor Its agents or employees have made any warranty, guarantee or representation cooceming any matter or:thing affecting or relating to the Property nor does it 2 assume any rIesponsibiiity fur the conformance to codes or permit regulations of the city or County within which the Property is located. If Optionee exercises this option, Optionee will accept the Property in an 'as is" icondition. County;has not made and does not make any representation as to the physical condition of the Property. 8. Right of Entry. During the terra of this Option and prier to the Closing Date, Optionee, its agents, contractors and employees, shaIV have the right to enter the Property at; all reasonable times for the purpose of performing reasonable tests, engineering studies, surveys,soil and environmental tests and other tests, surveys;, studies, and investigations of the Proparty as Optionee determines necessary or desirable. Optionee will defend, indemnify and hold County harmless from any claim, loss or liability in connection with any entry by Optionee, its contractors, agents and employees;and Optionee wily be solely responsible for all costs' incurred in connection with these activities or Optionee's investigation of the Property. 9. Informalities; Cancellation of Sale. County reserves the right to waive any informality or irregularity on any offer or cancelthe sale at any time prior to recording,of a deed. In the event of cancellation of:sale by County, through no fault, action or inaction of Optionee, all monies deposited shall be refunded without payment of interest.: 10. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposo as follows: (1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three(3)business clays after deposit in the'United'States Mail. (2) When mailed by,;certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. (4) When personally delivered to the recipient,notice shall be deemed delivered on the date,personally delivered. b. The place for delivery of all notices given under this Agreement shall be as follows- County; Real Property Division Public Works Department 255!Glacier Drive' Martinez,CA 94553 Telephone, (9251313-20112 Attn: Carmen Plea.Sandoval ;3 Qptionee: Nit. Diablo Habitat for Humanity, Inc. 57(32 Marsh drive, Ste T Pacheco, CA 94553 Telephone:!(9215)288-0117 Attn:' Janet Stone or to such other addresses as Optionse and County may respectively designate by written notice to the other. 11. Constructlon. The section headings and captions of this Agreement are,; and the arrangement of''this instrument is for the sole convenience of the partiesz to this Agreement, The section headings, captions and arrangement of this instrument do; not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This I Agreement shall Trot be construed as'if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have:read and reviewed this Agreement and agree that any rule of construction to the effect that ambigulties are to be resolved against the drafting party,shall riot apply to the interpretation of tris Agreement, 12. Further Assurances. Whenever requested to do so by the other party,each party shall execute, acknowledge and deliver'all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney,instruments of further assurance, approvals,consents and all further instruments and documents as may be necessary, expedient, or proper, in order to complete all conveyances,transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 13. Governing Law. This Agreement shall be governed and construed in accordance with California Law. The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 14. Severability. Should any term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of California, or otherwise to be unenforceable or ineffectual,the validity of the remaining parts,terms, portions or provisions of this',Agreement shall be deemed severable and shall not be affected thereby, provided that such remaining parts;terms, portions or, provisions can be construed in substance to °constitute the Agreement that theparties intended to enter into in the first instance. 15. indemnification. As partial consideratlon for this Agreement, Optlonee'shall defend, indemnify, protect, save and hold harmless County, its officers, agents, and employees, from any and all claims, casts and liability for any damages, sickness, death or injury to persons or property, ' 4 including without' limitation all consequential damages,, from any cause whatsoever, incltoing the coteoroirit negligence of County, Its agents, officers or employees, arising directly or indirectly from or connected'with the repairs or anypresent or futurei anditior# of the Property or use of the Property which is the subject of this Agreement, or any representations, misrepresentations or non-representations regarding Its condition or use, and will maize good to and reimburse County for any q*)anditures, including reasonable attorneys' fees that County may mak e by reason of such matters and, If requested iby County,will defend any such suits at the Optionee`s sole expense. 16. Survival. All of the terms, provisions, representations, warranties and covenants of the parties 'under this Agreement shall survive the close of escrow of the Property, shall be fully enforceable after the Closing Date in accordance with their terms and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 17. Negation of Optionee or Partnership; No provision of this Agreement shall be construed as''making either party an agent or partner of the other party. 18. Time of Essence. Time`is of the essence for the Optlon Agreement. If the Op#lon is notexercised in the manner,provided In Sectibrr 7 before the expiration of the applicable Option Term, Optionee shall have no interest In the Property and the Option may not be revived by any,,ubsequent payment or further action by Optionee. 10. Waivers. No waiver of any breach of any covenant or prevision in.this Agreement shall be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless In writing and executed by the waiving party. 20. Amenctment. This Agreement may not be amended or altered except by a written instrument executed by county and Optionee. ' S 1. Entire Agreement~ This Agreement contains the lentire agreement between the parties respecting the matters set forth, and expressly supersades all previous or contemporaneous agreements, understandings, representations or staternerrts between the parties respecting this matter. CONTRA COSTA COUNTY' OPTIONEE MT. DIABLO HABITAT FOR HUMANITY,INC By - Ir, Board of Supervisors Judith M Bryan, Executive Director 2005 ATTEST: John Sweeten,Authority Administrator and Clerk of the Beard of Supervisors By Deputy APPROVED AS TO FORM by County Counsel June 6,11997 NO OTHER OBLIGATION OTHI R THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A-Legal Description G,:�GData\R"P.rop 200!5-Fites\05-g1SA.03'Paige Court Finatcloo 101512W5;(County) 6