HomeMy WebLinkAboutMINUTES - 07201993 - 1.62 1 . 62
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Adopted this Resolution on July 20, 1993 by the following vote:
AYES: Supervisors .Powers, Smith, Bishop, McPeak, Torlakson
NOES: None
ABSENT: None
RESOLUTION NO. 93/446
(Government Code Sec. 25520)
Convey a Deed of Trust for the
Mountain View House Homeless Shelter at
1391 Shell Avenue, Martinez, California.
The Board of Supervisors of Contra Costa County RESOLVES THAT:
WHEREAS the water service must be upgraded in order to operate
the Mountain View House Homeless Shelter for women and children;
WHEREAS the City of Martinez requires payment for the cost of
installing a water main for the Mountain View House Homeless
Shelter;
WHEREAS the City of Martinez offers to defer the cost of
installing this water main up to the amount of $12,937 .50 by
receiving a note from the County, secured by a deed of trust on. the
Mountain View House Homeless Shelter. Said note having no interest
and being payable upon the sale, encumbrance, or change in use of
the Mountain View House Homeless Shelter;
The Board hereby CONVEYS said note and deed of trust to the
City of Martinez in form suitable for recording, together with a
certified copy of this resolution.
AUTHORIZE the Chair of the Board of Supervisors to sign, on
behalf of the County, said note and deed of trust.
PHIL BATCIELOR, Clerk of the
Board of Supervisors and
County Administrator
By e-
Deputy
Clerk
Orig. Dept. : General Services Department (L/M)
cc: County Recorder
County Administrator
Risk Management (via L/M)
Real Property Division (via L/M)
Social Service Department (via L/M)
County Housing Authority (via L/M) TE:dp
City of Martinez (via L/M) 1391sh6 . 30R
r
RESOLUTION NO. 93/446
Martinez, California
$12, 937 .50 July 20, f 1993
SECURED PROMISSORY NOTE
FOR VALUE RECEIVED, the County of Contra Costa hereby
promises to pay to the order of the City of Martinez ("City")
immediately upon such time as that certain property (the
"Property") more particularly described in and secured by that
certain deed of trust between the parties hereto of even date
herewith (the "Deed of Trust") , to Founders Title Insurance
Company, a California corporation, as Trustee, shall be sold,
conveyed, alienated, or encumbered, or any part thereof, or any
interest therein, whether voluntarily or involuntarily, or shall
have its use changed from a shelter for families and single women
to any other use, the principal sum of TWELVE THOUSAND NINE
HUNDRED THIRTY-SEVEN DOLLARS AND FIFTY CENTS ($12,937 .50) , with
no interest thereon.
jAs collateral for the payment of this Note, City shall at
all times have and is hereby granted a secured lien upon the
Prope' rty as evidenced by and set forth in the Deed of Trust.
Should suit be commenced to collect this note or any portion
thereof, such sum as the Court may deed reasonable shall be added
hereto as attorney' s fees.
COUNTY OF CONTRA COSTA
By: L6
Title: cur,soot Of superdwrs
C;\WP51\D0CkN0TE
RECORDING REQUESTED BY
4
ORDER I
APN
WHEN RECORDED MNL TO
r
Name
Street WHEN RECORDED RETURN
Address TO CLERK.,
c,rya BOARD OF SUPERVISORS
State
L J SPACE ABOVE THIS UNE FOR RECORDER'S USE
Deed of Trust atdA&t1atts
This Deed of Trust, made this day of ,between
THE COUNTY OF CONTRA COSTA
Martinez, ,herein called TRUSTOR,
whose address is 651 Pine St. ,Rm 106, California, 94553- ,
(number and street) (city) (state) (zip)
OLD REPUBLIC TITLE COMPANY, a California corporation,herein called TRUSTEE,and CITY OF MARTINEZ
herein called BENEFICIARY,
Witnesseth: That Trustor IRREVOCABLY GRANTS,TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST,
WITH POWER OF SALE,that property in CONTRA COSTA COUNTY County,
California,described as:
APR 375-012-009-3
APR 375-012-010-1
In the event the herein described property or any pari thereo4 or any interest therein is sold,agreed to be sold,conveyed or alienated by the
Trustor,or by the operation of law or otherwise,all obligations secured by this instrument,irrespective of the maturity dates expressed therehr,
at the option of the holder hereof and without demand or notice shall immediat*become due and payabla
For the Purpose of Securing:
x �6dittdEAYtilsital[]fK� 2 Payment of the indebtedness evidenced by one promissory note of even date
herewith,and any extension or renewal thereof,in the principal sum of S 12,937.50 emmted by Trustor in favor of Beneficiary or
order. i�it8�fd[ �iliitfl[
• �alfdlnl9tlfOtaCQOlt
To Protect the Security of This Deed of Trust,Trustor Agrees:
j (1) To keep said property in good condition and repair,not to remove or demolish any building thereon;to complete or restore promptly and in
good and workmanlilrw manner any building which may be constructed, damaged or destroyed thereon and to pay when due all daims for labor
performed and materials furnished therefor,to comply with all laws affecting said property or requiring any alterations or improvements to be
made thereon;not to commit or permit waste thereof;not to commit,suffer or permit any act upon said property in violation of law;to cultivate,
irrigate,fertilize,fumigate,prune and do all other acts which from the character or use of said property may be reasonably necessary,the specific
enumerations herein not excluding the general.
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(3) To appear in and defend any salon or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;
and to pay all costs and expenaes,including coat of evidence of title and attorney's fees in a reasonable sum,in any such action or proceeding in
which Beneficiary or Trustee may appear,and in any suit brought by Beneficiary to foreclose this Deed.
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(5) To pay immediately and witbout demand all surra to expended by Beneficiary or Trustee,with interest from date of expenditure at the amount
allowed by law in effect at the date hereo4 and to pay for any atatement provided for by law in effect at the date hereof regarding the obligation
secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded.
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(6) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby
assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as
above provided for disposition of proceeds of fire or other insurance.
(7) That by accepting payment of any sum secured hereby after its due date,Beneficiary does not waive his right either to require prompt payment
when due of all other sums so secured or to declare default for failure so to pay.
(8) That at any time or from time to time,without liability therefor and without notice,upon written request of Beneficiary and presentation of this
Deed and said note for endorsement,and without affecting the personal liability of any person for payment of the indebtedness secured hereby,
Trustee may.recauvey any part of said property,consent to the making of any map or plat thereof;join in granting any easement thereon;or join in
any attension agreement or any agreement subordinating the lien or charge hereof.
(9) That upon written request of Beneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed and said note to
Trustee for cancellation and retention and upon payment of its fees,Trustee shall reeomry,without warranty,the property then held hereunder.
The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such moonveyance
may be described as%be person or persona legally entitled thereto." Five years after issuance of such full reconveyance,Trustee may destroy said
note and this Deed(unless directed in such request to retain them).
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(12) Beneficiary,or any successor in ownership of any indebtedness secured hereby,may from time to time,by instrument in writing,substitute a
successor or successors to any Trustee named herein or acting hereunder,which instrument,atecuted by the Beneficiary and duly acknowledged
and recorded in the office of the recorder of the county or counties where said property is situated,sh-01 be conclusive proof of proper substitution
of such successor Trustee or Trustees,who shall,without conveyance from the Trustee predecessor,succeed to all its title,estate,rights,powers
and duties. Said instrument must contain the name of the original Trustor,Trustee and Beneficiary hereunder,the book and page where this Deed
is recorded and the name and address of the new Trustee.
(13) That this Deed applies to,inures to the benefit of,and binds all parties hereto,their heirs, legatees,devisees,administrators,executors,
successors and assigns. The term Beneficiary shall mean the owner and holder,including pledgees,of the note secured hereby,whether or not
named as Beneficiary herein. In this Deed,whenever the context so requires,the masculine gender includes the feminine and/or neuter,and the
singular number includes the plural.
(14) That Trustee accepts this Trust when this Deed,duly executed and acknowledged,is made a public record as provided by law. Trustee is not
obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor,Beneficiary or
Trustee shall be a party unless brought by Trustee.
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address
bereinbefore act forth.
Chair.Board of Supewisora
STATE OF CALIFORNIA ) ACKNOWLEDGEMENT
CONTRA COSTA COUNTY)SS- BY PUBLIC ENTITY
(CC.1181,1188,1189)
Tom Torlakson
who is personalty known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s)whose aame(s)is/are
subscribed to the within instrument and acknowledged to me
that he/she they executed the same in his/her/their authorized
capacity(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 iwtrument.
Dated July 20 1993
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
wi By
(This area for official notarial seal)
Deputy
p • 2--
GENERAL SERVICES DEPARTMENT
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, California 94553-4711
Extension 3-7250
DATE.* July 9, 1993
TO.* Phil Batchelor, Count& AdminWoGenge4a
MAW
D
FROM., Barton J. Gilbert, irec o Services
SUBJECTs Agenda: Convey Note and Deed of Trust - 1391 Shell Avenue, Martinez
(7-20-93)
The water service must be upgraded in order to operate the Mountain View House
Homeless Shelter for Women and Children at 1391 Shell Avenue, Martinez. The City of
Martinez requires payment for the cost of installing a water main, but offers to
defer the charges, up to the amount of $12,937.50, by receiving a note from the
County secured by a deed of trust on the Homeless Shelter. The note has no interest
and is payable upon the sale, encumbrance, or change of use of the Homeless Shelter.
ADDRESSs 1391 Shell Avenue, Martinez
OCCUPANTS Mountain View House Homeless Shelter for Women and Children
COSTS None, defer $12,937.50 until the sale, encumbrance, or change of use of the
Homeless Shelter.
WORK AUTH./BLDG. NOS..- U00293/293
AGENDA ITEMS RESOLVED that the Board of Supervisors of Contra Costa County does
CONVEY to the City of Martinez a note and deed of trust in the amount
of $12,937.50, to defer the cost of installing a water main for the
Mountain View House Homeless Shelter. AUTHORIZE the Chair of the
Board of Supervisors to sign, on behalf of the County, said note and
deed of trust.
BJG/TE:dp
1391sh7.8AI
cc: General Services Department
Public Works Department
J. Michael Walford