HomeMy WebLinkAboutMINUTES - 07081997 - C11-C21 C. �I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Caneiamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Completion of Warranty Period and Release of Cash Deposit for Faithful
Performance, Subdivision 7522, Walnut Creek area.
On July 16, 1996, this Board resolved that the improvements in Subdivision 7522 were
completed as provided in the Subdivision Agreement with Robert J. Nichols and now on the
recommendation of the Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
performance standards for the period following completion and acceptance; and
IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED
to refund the $1,100 cash deposit (Auditor's Deposit Permit No. 249165, dated August 30, 1994)
plus interest in accordance with Government Code Section 53079, if appropriate, to R.J. Builders,
Inc., pursuant to Ordinance Code Section 94-4.406 and the Subdivision Agreement.
M.py certify ftt thle 18 e true end correot�r of
m action taken and entered on the minuM, do
Board of Su +ora on me4nto .
ATTESTED:
RL:mw PHIL TCHE R,S.' k rt'he b�erd
GaENGSVCBOtBO7-8.WPD Of Sup Isom a d CCounty hd�minl�aa�at0l)
Contact;
Originator:Public Works 13-2 � ,y.sd..SLJ(��De
puty
ConfaaM1: Rich Lierly(3I3-2348)
cc: Public Works -Accounting
-R.Bruno,Construction
Current Planning,Community Development
Robert 1.and Cynthia L.Nichols
2500 Old Crow Canyon Road,Suite 300,San Ramon,CA 94583
R.J.Builders,Inc.
2500 Old Crow Canyon Rd.,Ste.300,San Ramon,CA 94583
Us.Bank of Califomia
980 9'"Street,Suite 1200 Sacramento,CA 95814
Letter of Credit No.5000593
(Originally assigned by the Bank of San Ramon Valley)
Recorded N the request of- CONTRA COSTA Co Reccrder's Off ice
cont'+costs county STEPHEN L, WEIR, County Recorder
Return to:
Public Works Deputnunt
awn"M&Services DOC - 97—.01.20415-00
Friday, JUL 11, 1997 11:37:11
FRE $0.00; ;
Trl Pd $0.00 Nbr-0000106408
lrc /R9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: g7{3644
SUBJECT: Completion of Improvements and Release of Cash Deposit for Faithful
Performance, Minor Subdivision 36-90, Walnut Creek area.
The Public Works Director has notified this Board that the improvements in Minor
Subdivision 36-90 have been completed as provided in the Subdivision Agreement with Arthur S.
Anderson heretofore approved by this Board in conjunction with the filing of the Parcel Map.
NOW TBEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of July 8, 1997 thereby establishing the six-month terminal period for the filing of liens in case of
action under said Subdivision Agreement:
DATE OF AGREEMENT SURETY
May 3, 1994 The Explorers Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$9,300, Bond
No. 1252640 issued by the above surety be RETAINED for the six month lien guarantee period until
January 8, 1998, at which time the Clerk of the Board is AUTHORIZED to release the surety less
the amount of any claims on file.
SUBJECT: Completion of Improvements and Release of Cash Deposit for Faithful Performance,
Minor Subdivision 36-90, Walnut Creek area.
DATE: July 8, 1997
PAGE -2-
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public
Works Director is AUTHORIZED to refund the $1,000 cash security for performance(Auditor's
Deposit Permit No. 240713, dated March 21, 1994) plus interest in accordance with Government
Code Section 53079, if appropriate, to Arthur S. and Donna S. Anderson pursuant to the
requirements of the Ordinance Code.
RL:mw
G:tENGS V C1BOO1BO7-8.WFD
t twfabr ine ffr lAat Ede b a Ma end oa+eetmor of
Originator. Public Works(ES} an notion LLReo and entered on me minuM W 0w
Contact: Rich Lierly(313-2348) Bard of aapeNleere an the dato shown.
a►TfESTEb:
PHIL CM R 'erk of the board
cc: Public Works -Accounting of ae w eoymr
-R.Beano,Construction
-Maintenance MF1 I D"
Recorder(via Clerk),then PW Engineering Services
Sheriff-Patrol Div.Commander
CHP,C/o AI
CSAR-Cartog
Arthur S.Anderson and Donna S.Anderson
I I I Jennifer Lane,Alamo,CA 94507
Explorer Insurance Company
P.O.Box 8101,Walnut Creek,CA 94596
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
CONTRA COSTA Co Fecorder''s OffIce
NOES: None STEPHEN L. WEIR, County Recorder
ABSENT: None DOC - 97-0120414-00
Friday, JUL 11, 1997 11:36:43
FRE $0.00; ;
ABSTAIN: Notre
Ttl rd $0.00 Nbr-0000106405
lrc !R9
SUBJECT: Authorizing Acceptance of I
LUP 2009-95, Walnut Creel.
WHEREAS the property owners are required, as a condition of approval for Land Use Permit
2009-95, to deed to the County development rights along Tice Creek in accordance with Chapter
914-14 "Right of Way and Setbacks," of the subdivision ordinance;
WHEREAS full compliancewith setback requirements impair the property owners' enjoyment
of the property;
WHEREAS a registered soils engineer has determined that the existing creek banks are stable
and that construction of the proposed pool and gazebo, provided they are no closer to the existing
top of the creek bank than shown on Exhibit B of the Grant Deed, pose nominal risk of damage from
possible creek bank degradation and;
WHEREAS construction of these improvements within the setback area will not impact any
riparian vegetation, will not require any tree removal and will not encroach within the drip line of any
trees protected under the County's Tree Ordinance, therefore;
IT IS BY THE BOARD ORDERED that the following instrument with exception given for
the construction of a swimming pool and gazebo is hereby ACCEPTED:
INSTRUMENT REFERENCE GRANTOR AREA
Grant Deed of LUP 2009-95 Ka Sing Fung& Walnut Creek
Development Rights Vivien W.M. Tseng
RLAF now
G:\ENGSVC\BOM07-g.WPD ON*1W Ift Y a Yoa W4 OalaQ •
asd"on� Flan A attlna0� M =�1 M
Orlglnatar: Public World(FCD)
Contact: Rich Lierly(313-2348) A77ESY.M.
PHIL ROI, LOR, ark Of N latuA
¢: Recorder vie( WS thm PW Records*then Clerk of the Board al suparyorlwt and CW*Admk&M
Current Pluming,Commwity Development r
Rich Lierly,Engineering Services peOf�
C. i3
Recorded at the request of-
CONTRA COSTA COUNTY
Public Works Department
Engineering Services Division
Return to:
Public Works Department
Records Section
Area: Alamo
Road: N/A
County Road No.: N/A
Project: LUP 2009-95
Assessor's No.: 188-090-017
GRANT DEED OF DEVELOPMENT RIGHTS
LP#
To meet condition number 10 G of SUBIM-S 95-2009 , I/We, Ka Sing Fung & Vivien
N.M. Tseng . (Owner(s))hereby grant to the County of Contra Costa, a political subdivision of the State
of California (Grantee) and its governmental successor or successors, the future "development rights," as defined
herein below over a portion of that real property known as A.P.N. 188-090-017 of Subdivision
Portion of Lot 2. 4M84 situated in the County of Contra Costa, State of California, and more particularly
described in Exhibit A.
"Development rights" are defined to mean and refer to the right to approve or disapprove of any proposed
construction, development or improvement within the areas marked "restricted development area." The
"development rights" are and shall be a form of negative easement which shall run with the said property and shall
bind the current owner and any future owners of all or any portion of said property. In the event of a disapproval
of proposed construction by the Grantee or its successor, said proposed construction shall not be performed.
Grantee or its, successor may condition its approval of any proposed construction upon prior or subsequent
performance of such conditions as Grantee may deem appropriate.
Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the
approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature,
extent, and location of such improvement. Grantee or its successor shall have sixty(60) days from receipt of such
proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond in said time
period shall be equivalent to the approval of such proposal. —
The undersigned have executed this instrument on t/U—rI _Q & �9 977
(sipuava) � Ttt�-�
/N �L(NC pWrler
(see attached notary)
g:�engsve�fams�de-remuWe I.r"n
Rev.May 12.1997
Merge: g:lengsvd form ode-fory Wel.mrg
CALIFORNIA A L-PRP SE ACKNOINLEDGEMENT
State of OPTIONAL SECTION
County gappeared
CAPACITY CLAIMED BY SIGNER
On me, l!Q Though statute does not require the Notary to
WE E.o..• fill in the data below,doing so may prove in.
7� valuable to persons relying on the document.
persona@ /fl9 Tk/1R �` Y,Y/t'h �S2n
'�6AEt9i'srcaL�§§rT � ❑INDIVIDUAL
❑CORPORATE OFFICER(S)
personally known to me-OR-❑provided to me on the basis of satisfactory
evidence to
be the person(s)whose name(s)is/are TITLEOR
subscribed to the within instrument and ❑PARTNER(S) ❑LIMITED
acknowledged to me that he/she/they ❑GENERAL
executed the same in histher/their ❑ATTORNEY-IN-FACT
authorized capacity(ies),and that by ❑TRUSTEE(S)
MARY SUE ALLEN his/her/their signature(s)on the ❑GUARDIAN/CONSERVATOR
p Z instrument the person(s)or the entity ❑OTHER:
Comb-LIC 33453 0 upon behalf of which the person(s)
"NOTARY M 01 CALIFORNIA
S ;• CONTRA COSTA CCOt4TY 0 acted,executed the instrument
cow:, a=Po-E.s.a.,s.,aaa
WITN my hand d�ol SIGNER IS REPRESENTING:
MNK OF RIS RE nRITRE
IEMN
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER
THAN NAMED ABOVE
Tbgi M bh bbw Y M,piMly lr,
�in%pw wl"eY Y M�rM`Y m N
mtuM W estl"wig F"YYY
"�Imti Mtlin lwm.
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must a Signe exactly as it is typed or printed.
IL SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
grope mus a state .
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have
the authority to sign or an In t e partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents s ou a slgne y two-officers, one from each of the following two groups:
GROUP 1. a The Chair of the Board
bThe President
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A
currently valid power of attorney, notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group, must contain the following phrase:
". .and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board
of Directors".
A=4^GscVmmcNwbrv.Rcw
RMicsd 7194
GRANT DEED OF DEVELOPMENT RIGHTS
L.U.P. 2009-95
APN. 188-090-017
EXHIBIT "A"
PORTION OF LOT 2, AS SHOWN ON THE MAP OF WALNUT CREEK
PARK, FILED FEBRUARY 7, 1911, IN BOOK 4 OF MAPS AT PAGE 84 IN
THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERN CORNER OF THAT CERTAIN
PARCEL DESCRIBED IN THE DEED TO ANNA E. CURRY, RECORDED SEPT.
7, 1939 IN BOOK 518 OF OFFICIAL RECORDS AT PAGE 158; THENCE
FROM SAID POINT OF BEGINNING ALONG THE SOUTHEASTERN LINE
OF SAID CURRY PARCEL NORTH 53017'00" EAST 57.00 FEET; THENCE
LEAVING SAID SOUTHEASTERN LINE SOUTH 41059'01" EAST 25.08
FEET; THENCE SOUTH 72°06'46" EAST 45.85 FEET; THENCE SOUTH
52036'02" EAST 22.16 FEET; THENCE SOUTH 38°50'28" EAST 14.41
FEET; THENCE SOUTH 26°17'44" EAST 38.92 FEET; THENCE SOUTH
13008'34" EAST 14.98 TO A POINT ON THE SOUTHERN LINE OF SAID
LOT 2 (4 M 84); THENCE ALONG THE SOUTHERN AND SOUTHWESTERN
LINES OF SAID LOT 2 THE FOLLOWING TWO (2) COURSES: 1) SOUTH
77017'00" WEST 50.00 FEET AND 2) NORTH 51°18'00" WEST 134.05
FEET TO THE POINT OF BEGINNING.
97020.0 CREEK EASEMENT
Y.P. —
n
0
WILLOWBROOK LANE
59•g9 , E
N 77, 17.32
pp
9�
Al
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a1 °06h LOT 2 w •�
P.O.B. o °�6ti6 f
2•
POOL \ / �0°app,
FL tiT �
rj �sl°r�STq�cO �FO Za00�
GAZEBO N-
S�91Gy D\ N 93 0988 34„W
os egCFJr e oo°E
0 •00' j-70 Oa'
�` 77 1
; 9
* ' 4
E 00
OF CA15�P
EXHIBIT " B "
GRANT DEED
All DEVELOPMENNTORIGHTS PLAT
ALIQUOT L . U . P . 2009-95
10W M. CT. 9T2. 109 APN# 188-090-017 TO ACCOMPANY LEGAL DESCRIPTION
am RA" CA. 9693
8101 Fig-SSN
CCCO . CALIFORNIA
JUNE, 1997 1"=40'
97020.0/100
C- 0
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Cerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Grant permission to partially close a portion of San Pablo Dam Road, for the purpose
of El Sobrante Chamber of Commerce Stroll,El Sobrante area. (RC 97-12)
IT IS BY THE BOARD ORDERED that permission is granted to El Sobrante Chamber of
Commerce to partially close San Pablo Dam Road -the parking lane on the north side of San Pablo
Dam Road between El Portal Drive and Appian Way, except for emergency traffic, on Sunday,
September 21, 1997, for the period of 9`�Q0
AM through 5:OOPM, subject to the following conditions:
1. Traffic will be detoured via adjacent lanes.
2. All signing to be in accordance with the State of California Manual of Traffic Controls,
3. The El Sobrante Chamber of Commerce shall comply with the requirements of the Ordinance
Code of Contra Costa County.
4. Have on file with the County a Certificate of Insurance in the amount of$1,000,000 for
Comprehensive General Public Liability which names the County as an additional insured.
5. Obtain approval for the closure from the Sheriff's Department, the California Highway Patrol
and the Fire District.
BH:mw I Peraby ar*fMtt this 1$s true and c~7,W
G:tENGSVC\BOW7-8 WPD an action taken and entered on the mint"M th0
BaNd of Supsrvk ota on the C_la shown.
odafoator.Publw Worka(APC) JtTfEStEO: JY"�'
Contact: Bob Hendry(646-1607) PH A7C Lrfl ;.g.r hoartl
d Su 16 and County AdmlNettatdf
cc: CHP
Sheriff-Patrol Div.Commander r �aptllX
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order an July 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Ratify previous permission by the Public Works Director to completely close a
portion of Merlot Court, for the purpose of a neighborhood block party, Oakley area.
(RC 97-I8)
The Public Works Director having reported that prior approval has been granted to Linda
Steely to completely close Merlot Court, except for emergency traffic, on Saturday, July 12, 1997,
for the period of 3:OOPM through 11:OOPM, subject to the following conditions:
L Traffic will be detoured via neighboring streets.
2. All signing to be in accordance with the State of California Manual of Traffic Controls.
3. Linda Steely shall comply with the requirements of the Ordinance Code of Contra Costa
County.
4. Provide the County with a Certificate of Insurance in the amount of $1,000,000 for
Comprehensive General Public Liability which names the County as an additional insured
prior to permit issuance.
5. Obtain approval for the closure from the Sheriff's Department, the California Highway Patrol
and the Fire District.
IT IS BY THE BOARD ORDERED that the action taken by the Public Works Director is
approved.
1 hereby certNy that this Is a true end tonect dopy of
on action taken and 9nt,ned ooj�h"a�.''n mutes W tlN
good Of Supa ors an'$;-Arpt`
ATTESTED: iq+dl
ata =101
Ct ark of ft lard
d Su Iwr nd County AdmintNraia
BH:mw Do"
G:\ENGSVC\BO\BO7-8.WPD
Originator: Public Works(APC)
Contact: Bob Hendry(646-1607)
cc: CHP
nlI
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Grant permission to completely close a portion of Ocean View Avenue, for
the purpose of a block party, Kensington area.
IT IS BY THE BOARD ORDERED that permission is granted to Stacey Moss to completely
close Ocean View Avenue, except for emergency traffic, on Saturday, August 16, 1997, for the
period of 3:OOPM through TOOPM, subject to the following conditions:
1, Traffic will be detoured via neighboring streets.
2. All signing to be in accordance with the State of California Manual of Traffic Controls.
3. Stacey Moss shall comply with the requirements of the Ordinance Code of Contra Costa
County.
4. Have on file with the County a Certificate of Insurance in the amount of$1,000,000 for
Comprehensive General Public Liability which names the County as an additional insured.
5. Obtain approval for the closure from the Sheriffs Department, the California Highway Patrol
and the Fire District.
t has" faaft me this is a true and tonsa oopr of
on edge, taken and entered on the MMUND or ar
fund of Superw\on on the C11.3�hn
3 o .
tttiE8TED:�yl�0j , J
PHIL A H Jii '1,G1 rk of!ho derd
d8Y tat dCounly Adminlatrabr
or
BH:mw
G:\ENGSVC\BO\BO7-8.WPD
Originator: Public Works(APC)
Contact: Bob Hendry(646-1607)
cc: CHP
Sheriff-Patrol Div.Commander
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JULY 8, 1997
SUBJECT: ACCEPT THE STATUS AND EXPENSE REPORT THROUGH THE THIRD QUARTER OF
FISCAL YEAR 1996-97 BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT,
DANVILLE AREA. PROJECT NO. 4500-6X5147
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
1. ACCEPT the attached Blackhawk Geologic Hazard Abatement District (GRAD) Status and Expense
Report through the third quarter of Fiscal Year 1996-97.
H. FinancialImoact:
There will be no impact to the County General Fund.
III. Reasons for Recommendations and BackEround:
During the third quarter, the primary projects were slope stabilization, slope grading, installation of drainage
run off control devices and the geologic investigations of several properties which continue to experience
some building subsidence.
The expenses for all construction work through the third quarter of$483,950.00 are approximately 60% of
the total annual budget.
IV. Consequences of Negative Action:
The quarterly report will not be accepted as required by original formation of the GHAD.
Continued on attachment: X Yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: '7 g' 1997 APPROVED AS RECOMMENDED OTHER
VOT OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SE:cs
g:\EngSvc\SpDist\BO\BH GHAD 8.t7 t befeby"dry that ah B e true and correct copy of
'nz�7 — '..s of the
Contact: Skip Epperly, i(510)313-22532253 STED'
Orig.Div.: PW(Special Districts) ATfE PH ant
tcn, , ra^r:yuo and
cc: Auditor-Controller y6upAR WC,�ounry/W��minle\\u)ata
Accounting `gi+o+aui.eor..�
D.Nysimm,Nystrom Engineering �+
fisVtb
V j l
BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT
3RD QUARTER FINANCE REPORT FY '96-'97
Jury 1,1996-March 31,1997
May 1,1997
EXPENSES
BUDGET YEAR TO DATE
EY 7196-WS77 TL1/M-t$1W
A. PROJECTED NC
1. Annual Revenue Via CSA M-23 $867,000.00
2, Estimated Interest Earnings S1Q0MQM
TOTAL INCOME _$967,000.00
B. PRDJECTED EXPf—N$ES
1. Construction Costs
a. Repair,Maintenance&Improvements(as per approved $487,000,00 $286,542.77
Repair,Maintenance&Improvement Program)
b. Construction Supervision
District Staff ` $89,125 $94,009.75
C. District Administration
District Staff ` $18,750 $7,372.50
2. Soils and Geotechnical Costs
a. District Staff $15,000 $22,999.93
b. Outside Consulting $40,000 $1,824.25
3. Civil Engineering Costs $35,000 $3,489.72
4. Groundwater&Settlement Monitoring Programs $30,000 $21,120.25
5. Legal Costs
a. District Staff $17,700 $500.00
b. Outside Consulting and Representation $25,000 $16,078.42
6. Accounting Costs
District Staff ` $37,500 $29,832.50
7. Miscellaneous Administrative Costs (HOA,FEMA,PR,etc.)
District Staff * $6,300 $180.00
8. County Staff Service Costs $19.000 $0,00
TOTAL EXPENSES $811,375.00 $483,950.09
C. ADDITJOML CONTRIS T T RESER "" $159MUG
TOTAL MQET $967,000.00
* DISTRICT STAFF SUMMARY BUDGET EXPENSES
General Manager $39,375.00 $38,875.00
District Geologist $35,000.00 $34,374.68
Construction Administrator $69,575.00 $67,237.50
District Coordinator $40.425.00 X4,4 7g .50
$184,375.00 $154,894.68
Not including GHAD reserve savings account.
�r
yr;
spa
W.
BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT
CONSTRUCTION COSTS
FY '96/197 - 3rd Quarter Totals
Budget Expenses
Line Item (196/197) (July-Mar.)
Slope Stabilization
1. Emergency Response 10,000.00 7,871.15
2. Corrective Grading 150,000.00 169,676.78
3. Retaining/Pin Walls 50,000.00 51,804.53
4. Slope Erosion Protection 1.5,000.00 0.00
5. Revegetation 10,000.00 0.00
6. Monitoring Devices 30,000.00 14,109.26
Surface Drainage
7. B-58 Construction 15,000.00 0.00
8. B-58 R and M 20,000.00 23,246.44
9. Storm Drain Construction 10,000.00 0.00
10. Stone Drains R and M 25,000.00 1,618.26
11. Erosion/Runoff Control 25,000.00 16,359.55
12. Riparian Features R and M 40,000.00 0.00
Subsurface Drainage
13. Subdrain Construction 1.2,000.00 0.00
14. Subdrains R and M 10,000.00 0.00
15. Horiz. Drain Drilling 40,000.00 0.00
16. Horiz. Drains R and M 10,000.00 1,125.44
17. Other Construction Projects 15 000.00 731.36
TOTAL $ 487,000.00 $ 286,542.77 59%
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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JULY 8, 1997
SUBJECT: ACCEPT THE STATUS AND EXPENSE REPORT THROUGH THE THIRD QUARTER OF
FISCAL YEAR 1996-97, CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT,
SAN RAMON AREA. PROJECT NO 4500-6X5148
Specific Requests)or Recommendation(s)&Background&Justification
I. Recommended Action:
ACCEPT the attached Canyon Lakes Geologic Hazard Abatement District (GHAD) Status and Expense
Report for the third quarter of Fiscal Year 1996-97.
H. FinancialImoact:
There will be no impact to the County General Fund.
III. Reasons for Recommendations and Background:
During the third quarter, the District constructed several slope stabilization and drainage devices throughout
the Canyon Lakes GHAD as a result of the heavy rains last winter.
The construction costs through the third quarter are $126,310.00 which is approximately 37% of the annual
construction budget.
IV. Consequences of Negative Action:
The quarterly report will not be accepted as required by original formation of the GRAD.
Continued on attachment: x Yes -9
SIGNATURE 0-
RECOMMENDATION
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMIENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S): /
ACTION OF BOARD ON: w APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
V UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
SE:cs
g:\EngSvc\SpDist\BODUNE\CLGHAD 817
Contact: Skip Epperly,(510)313-2253 f hereby esMfy that this Is a true and correct copy of
Orig.Div.: PW(Special Districts) an aeaon tat^n and entered the minora ot the
cc: Auditor-Controller Board of Supe �o�c 1 -'gown.
Accounting M'fESTEI).
D.Nystrom,Nystrom Engineering PHIL tC LC Cary e1 -:9oard
01 Su IWr end County lWmi.tlakafor
ViV iVY • I , T
, Jun-n5-97 10!iFiP Michael Sands 510-283-1974 P. 01
CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT
CONSTRUCTION COSTS
FY '96/'97 • 3rd Quarter Totals
Bud et Expenses REVISED
Line Item ('96/'97) (July-Mar.)
Slope Stabilization
1. EmcrSency Response 5,(XXJ.UU 0.00
2. Coticctivc Grading 40,000.00 40,717.46
3. RetaininitOrt Walls 30,000.0u 0.00
4. Sln1r. Erosion Protection 5,000.00 0.00
S. Revegetation 5,11(111.(X) 0.00
6. Monitoring Devices 7,000.00 0.00
Surface Drainage
7. B-58 Construction 5,000.00 0.00
8. B--%R and M 7,000.W 6,537.05
y Isrnrrn Drain Constructlon 5,000.00 0.00
10. Storm Drains R and M 5,(.W. (X) 0.00
11. Erosion/Runoff Control 5,000.00 3,051,60
12. Riparian Features R and M 20,000.00 0.00
Subsurface Drainage
13, Subdrain Construction 5,000.00 0.ou
14. Subdntins R and M 5,000.00 1,415.06
15, I Iom- Drain Drilling 10,(X)0.00 0.00
16. Horiz. Drain,R and M 5,000.00 11,335.54
17. Other Construction Projects 5�0w, 0.00
TOTAL $ 169,000.00 $ 63,106.71 37%
cc
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Ts:
2x
:�S
CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT
3RD QUARTER FINANCE REPORT FY '98 - '97
July 1,1996-March 31, 1991
May 15,1997
EXPENSES
BUDGET YEAR TO DATE
FY 779@-6181 711199.3131197
A. BALWC-1 OF RESERVE BROUGHT ERSW_ARD $759,000.00
B PRQ,(Y&TP.D RICQME
1. Annual Kevenue Via Assessments: $300,000.00
742 Single Family Detatched
069 Townhouses
2,576 Condominiums/Rentals
100,000 Sq.Ft.Commercial
2. Estimated interest Earnings 53000000
TOTAL INCOME $33010W.00
C. PROJECTED, l"Ea
1. Construction Costs
a. Repair,Maintenance d Improvements(as per approved $169,000.00 $63,106.71
Repair,Maintenance 3 improvement Program)
b. Construction Supervision
DietrictStaff $36,750.00 $17,917.50
o. District Administration
District Stall $4,700.00 $2,015.00
2. Soils and Geolechnical Costs
a. District stab $9,375.00 $2,113.75
I), Outside Consulting $15,000.00 $255,00
3. Civil Engineering Costs $10,000.00 $706.00
4. Groundwater S Settlement Monitoring Programs $20,Wovo $14.452.22
5, Legal Costs
a, District Stall $8,050.00 $0.00
b. Outside Consulting $10,000.00 $1.676.32
6. Accounting Costs
a. District Staff $22,750.00 $16.172,50
T Miscellaneous Administrative Coats (HOA,FEMA,PR,eic.)
a. Uistrics Stan $2,700.00 30.00
8. County Staff Service Costs $10,000.00 $0.00
9. Assessment District Engineering $10 004.00 $7,895.00
TOTAL EXPENSES $326.325.00 $126,310,00
0. ADDLT QHAL.QW IBUTION TO RESERVE $3-6Z5M
TOTAL BUDGET $330.000.00
• DISTRICT STAFF SUMMARY BUDGET EXPENSES
General Manager 519,370.00 $11,525.00
DisttiaGeologist $18,12500 $3,781,25
Construction Administrator $30.525,00 $17,972.50
District Coordinator $14,300.00 $g, 48 800
$$2,325,00 $3a,218.75
$82,325.00 $38,21875
n<
i
E
c /9
TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY
AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: July 8, 1997
SUBJECT: APPROVE MEMBERS AND ALTERNATES TO THE STORMWATER UTILITY ASSESS-
MENT APPEAL BOARD FOR FISCAL YEARS 1997/98
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the following members and alternates to the Stormwater Utility Assessment Appeal
Board (Appeals Board) for Fiscal Year 1997/98:
Members
A) Mike Chadwick, Public Works Division Manager, City of San Pablo
B) Todd Teachout, Senior Civil Engineer, City of Pleasant Hill
C) Patricia McNamee, Public Works Director, Contra Costa County
Alternates
A) Mori Struve, Maintenance and Engineering Services Manager, City of EI Cerrito
B) Alex Pascual, City Engineer, City of Concord
II. Financial Impact:
The Stormwater Utility Assessment Appeals Board is funded with Stormwater Utility Assessment
revenue from the cities or County where the appeal is filed. The distribution of the costs between
cities and County is directly proportioned to the number of appeals filed per jurisdiction. There
have been no administrative costs to operate the Stormwater Utility Assessment Appeal Board
since FY 1993-94.
Continued on Attachment: X SIGNATURE: J �h
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 7- f- 11-17 APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
LB:fp
G:\FLDCTL1FCB0WUNE971B07.8.WPD 1 hsrelq oenlry 1Mt thb h a true and correct COPV of
an
ecNon taken
and entered ontheminutes d 9re
Orig.Div: Public Works(Flood Control) Board of Supe t,on an ttie sato�nI47 7.
Contact: Linda Bulkeley(510)313-2238 ATfESTtP
PHIL C OR, lark of the board
cc: County Administrator el SuperrWn County AdWnWrappr
Clerk, Board of Supervisors
Auditor-Controller M t�rDth
Public Works
- Accounting,R.Gilchrist
&Xb,.0. -CoB
SUBJECT: APPROVE MEMBERS AND ALTERNATES TO THE STORMWATER UTILITY ASSESS-
MENT APPEAL BOARD FOR FY 1997/98
July 8, 1997
Page -2-
III. Reasons for Recommendations and Background:
The Appeals Board is the second step a property owner may take to appeal their stormwater
utility assessment. The majority of appeals are resolved at the first level, an administrative review
by the Chief Engineer of the Flood Control District. In the event that an owner seeks to appeal
the decision of the Chief Engineer, a Stormwater Utility Assessment Appeals Board will be
necessary.
Membership of the Appeals Board, two cities and one County representative, reflects the
membership of the Contra Costa Clean Water Program. The Contra Costa Clean Water Program,
is funded by the Stormwater Utility Assessment. The Clean Water Program consists of the
County, the Flood Control and Water Conservation District, and the cities of Contra Costa
County except Brentwood.
The only year the Appeals Board has met was in FY 1993/94 during the first year that the
assessment was levied. Since then, the number of appeals has dropped dramatically and the few
remaining appeals have been handled at the administrative Chief Engineer level. The Flood
Control District anticipates that the Appeals Board will continue to not need to meet.
IV. Consequences of Negative Action:
According to the Ordinance establishing the Assessment, the third level of appeals is the Board
of Supervisors. Elimination of the Appeals Board would require the appeals to be heard by the
Board of Supervisors.
C. 2a
TO: BOARD OF SUPERVISORS, as the Board of Directors of the
Contra Costa County Fire Protection District
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JULY 8, 1997
SUBJECT: FIRE STATION NO. 87, WEST LELAND ROAD - PITTSBURG AREA
Project No.: W/O 5515
SPECIFIC REQUESTS)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ACCEPT Grant Deed dated April 9, 1997, from the City of Pittsburg for Fire Station No.
87, West Leland Road, Pittsburg.
II. Financia( Impact:
Donation.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON I_8_1991 APPROVED AS RECOMMENDED OTHER_
VO➢E OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
RF:gpp
g:\realprop\97-7\BOa8-7.wpd
Orig. Div: Public Works(R/P)
Contact: Roger Frost(313-2223) -Is Is a true and correct
cc: County Administrator an action takan and ,mared on the minutes of the
P.W.Accounting Board of Supervisors on Ina date shown.
Recorder R/P) ATTESTED:
CCCF IL
t
CCCFPD (via R/P) PHl .ark of the Board
of Supervisoror s tl County Administrator
Deputy
Fire Station No. 87 W. Leland Rd
July 8, 1997
Page Two
111. Reasons for Recommendations and Background:
The City of Pittsburg is donating a .98 acre parcel of vacant land located on West
Leland Road to the Fire District for construction of Fire Station No. 87. Fire
protection services to the surrounding area will be enhanced along with reduced
response time. No District funds are being spent for the acquisition of the site.
IV. Consequences of Negative Action:
The District would have to find another site that meets location standards and
requirements and purchase same with District funds.
RECORDING REQUESTED BY:
CCC Fire Protection District I
WHEN RECORDED MAIL T0:
Engineering Records J
Post Office Box 1518 r
Pittsburg, CA 94565
t
The Undersigned Grantor Declares:
CITY TRANSFER TAX IS: -0-
DOCUMENTARY TRANSFER TAX IS: -0-
SURVEY MONUMENT PRESERVATION FUND IS: -0-
APN: 094-080-030
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
CITY OF PITTSBURG, a municipal corporation,
hereby GRANTS to CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a public body,
the following described real property in the City of Pittsburg, County of Contra Costa, State
of California, described as:
See Exhibits "A" and "B", attached hereto and incorporated herein by this reference.
CITY OF PITTSBURG
DATED Apr q / 997 94V
f jF4YVj KOLIN, CITY MANAGER
State of California ) s_.
County of Contra Costa 1
On Ale-, ; / 9, 1997 before me Linda Carion a Notary Public
personally appeared - - - - - - Jeffrey C Kolin - - - - - -
® personally known tome -OR- ❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
LINDA CARTON ;
QComm. #997779
NOTA
w.. RY PUBLIC�CALIFORNIAN
CONTRA COSTA COUNTY 0
f C0=t EXWft wo.ta•t9#r A Signature of Notary
- --,"NOVEMBER 14, 1996
JOB NO. 20016-11
LEGAL. 1
LEGAL DESCRIPTION
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG, COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THAT CERTAIN 9.31 ACRE PARCEL OF LAND SHOWN ON
THE RECORD SURVEY FILED IN THE OFFICE OF THE COUNTY RECORDER OF
CONTRA COSTA COUNTY IN BOOK 68 OF LICENSED SURVEYORS MAPS AT PAGE
36 , DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE
CITY OF PITTSBURG BY DEED RECORDED IN SAID OFFICE OF THE COUNTY
RECORDER IN BOOK 3759 OF OFFICIAL RECORDS AT PAGE 3, DESCRIBED AS
FOLLOWS :
BEGINNING AT THE MOST WESTERN CORNER OF SAID 9.31 ACRE PARCEL (68
LSM 36) ; THENCE , FROM SAID POINT OF BEGINNING, SOUTHEASTERLY ALONG
THE SOUTHWESTERN LINE THEREOF SOUTH 72018'43" EAST 171 .92 FEET;
THENCE , LEAVING SAID SOUTHWESTERN LINE NORTH 17059' 17" EAST 244.33
FEET TO A POINT ON THE NORTHEASTERN LINE OF SAID 9.31 ACRE PARCEL;
THENCE, NORTHWESTERLY AND SOUTHWESTERLY ALONG THE EXTERIOR LINES OF
SAID 9 .31 ACRE PARCEL THE FOLLOWING THREE (3) COURSES : 1) NORTH
66034'40" WEST 27. 12 FEET, 2) NORTH 72017'20" WEST 146.70 FEET, AND
3) SOUTH 17034' 24" WEST 247. 11 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0 .979 ACRES OF LAND MORE OR LESS.
END OF DESCRIPTION
�AraD stigb
r,
PREPARED BY:
ROBERT E.BALDWIN WBALDWIN
Exp,
9 2 L.S. 4367
No.4367 P EXPIRES 09/30/97
P
r4'C CF C \FC
N7277'2o"W 14670' N546*34'40-W
27./2'
CITY OF Pt TTSBURG
3759 OR 3
N
APEA = 0.979 t,/ A-'
5 D\-AAND G H 2
/ R E�BALDWIN ` 68 LSM 36
•;: Exp.J c 9 7
No.4367
�T ire of r "°P�P � S7278'VT 171.92'
;y
aj ^
LELAND ROAD
136.01' M-PL i _ 603.80"PL-Al —�
* v N727843W —
F�",- -
I0-4
PLAT TO ACCOMPANY LEGAL DESCRIPTION
PROPOSED RRE STA 7ON PARCEL
W PORTION OF THE 90 ACRE PARCEL SHOHN
2 ( o ON RECORD OF SURVEY 68 LSM 36 (APN 094-080-030)
m CITY OF PITTSBURG - CONTRA COSTA COUNTY - CALIFORNIA
Prepared By
Luk, Milani & Associates
Civil Engineers — Land Planners — Land Surveyors
1465 Eneo Circle #788
NOVEMBER 1996 SCALE.' 1
Concord, California 94520 0=60,
ZQ7J6-11�G4LJ
THE BOARD OF SUPERVISORS C2.1
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 8, 1997, by at least a four-fifths vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None RESOLUTION NO. 97/ 367
Deerings Water Code Uncodified Acts
Act 1656 § 31
West's Water Code, Appendix 64-31-1
(Gov't Code § 25363)
SUBJECT: Resolution of Intention to Sell Flood Control Surplus Real Property
Vacant Lot Located on (Briarwood Way)
Project No. 7520-688334
Walnut Creek Area
CDD CP# 97-32
The Board of Supervisors, as the Governing Body of the Contra Costa County Flood Control &
Water Conservation District, RESOLVES THAT:
The Board DETERMINES that the parcel of vacant land, acquired for flood control purposes,
described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is
surplus and not required for public use.
The Board DECLARES its intention to sell said property under the terms and conditions contained
in the Notice of Public Land Sale for said property prepared by the County Real Property Division.
The Notice of Public Land Sale is APPROVED and the Real Property Division is DIRECTED to
publish the attached Notice of Intention to Sell Real Property forfive days prior to said sale in a newspaper
published in the County or post in three (3) public places in the County for that period; pursuant to
Government Code Section 25363.
The Board sets Tuesday, August 19, 1997, at 10:00 a.m. at 255 Glacier Drive, Martinez, California,
as the time and place where oral bids will be received and considered.
The Board hereby FINDS that the project will not have a significant effect on the environment, and
DETERMINES that the project is exempt from the requirements of the California Environmental Quality
Act as a Class 12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA
Guidelines, and DIRECTS the Director of Community Development to file a Notice of Exemption with the
County Clerk and DIRECTS the Public Works Director to arrange for a payment of the $25.00 handling
fee to the County Clerk for filing of the Notice of Exemption. This activity has been found to conform to
the General Plan of Contra Costa County and was approved by the planning commission on May 13, 1997.
KAL:gpp
g:\realprop\97-7\br58-7.wpd
Orig. Dept.: Public Works(RP) r�W oanlN rose this Is awe and eared a
M edion taken end entered on the minutes er ryy
Contact: Karen A. Laws(313-2228) Bosro of Superv:qul��aa�ytwaR,.
cc: P/W Accounting ATTESTED:-
P/W Environmental PHIL BATCHELOR,Qerk of the board
County Administrator of supervisors and County Adadnleya or
Assessor
Auditor-Controller
Community Development Dept
RESOLUTION NO. 97/367
NOTICE OF INTENTION TO SELL REAL PROPERTY
(Government Code § 25363)
The County Real Property Division will sell at public auction to the highest responsible bidder, the
vacant residential lot hereinafter described:
Assessor's Parcel No. 144-110-XXX. A 2.25 acre vacant parcel located at the east end of
Briarwood Way in Walnut Creek.
The auction will be held at 255 Glacier Drive, Martinez, California, on Tuesday, August 19, 1997,
at 10:00 a.m.
Terms and Conditions of Sale are available at the Office of County Real Property Division, 255
Glacier Drive, Martinez, California, 94553, or may be requested by phone to be mailed by calling
313-2220.
The District reserves the right to reject any and all bids received.
The parcel will be sold as is and the purchaser assumes all risks and responsibility.
The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks
and responsibilities.
By Order of the Board of Supervisors,
as the Governing Body of Contra Costa
County Flood Control & Water
Conservation District
Phil Batchelor, Clerk of the Board
of Supervisors and County Administrator
By 4, ."
Deputy lerk
KAL gpp
g:\rea I pro p\9 7-7\b r58-7.wpd
(Form updated 2/97)
RESOLUTION NO. 97/367
CALIFORNIA ENVIRONMENTAL QUALITY ACT 6 .21.21
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (510) 313-2284 Contact Person:Joseph J. Olsen - Public Works Dept.
Project Description, Common Name (if any) and Location: Sale of Surplus Property - Briarwood
Way, County File #CP 97-32: The project consists of the sale of surplus property which is an
approximately 2.25 acre vacant lot. The lot is bounded on the north and east by the Contra Costa
County Flood Control District channel, the west by B.A.R.T., and the south by Briarwood Way. The
parcel was acquired for the Walnut Creek Channel flood control project which has been completed
so the property is no longer needed. Project location: The property is located at the end of
Briarwood Way in the central county city of Walnut Creek.
This project is exempt from CEOA as a:
Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section_
Declared Emergency(Sec. 15269(a)) _ General Rule of Applicability (Section 15061(b)(3)
_ Emergency Project(Sec. 15269(b) or(c))
✓ Categorical Exemption, Class 12
for the following reason(s): The vacant lot is surplus government property which is not in an area of statewide, regional,
or areawide concern as identified in Section 15206 (b)(4). However, if the properties were located within these areas,their
sale would be exempt if the properties comply with the conditions listed in the CEQA Guidelines Section 15312 (a)and (b).
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by California Public
Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: Janet Frattini County Clerk Fee$25 Due
h:\n oe's\brig rwd.n o e
(Rev.2/97)
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: April 7, 1997
TO: James W. Cutler, Assistant Director of Comprehensive Planning
FROM: Joseph J. Olsen, Associate Engineer, Design Division
(Contact Person: Janet Frattini )
SUBJECT: MANDATORY REFERRAL FOR GENERAL PLAN CONFORMANCE
We have reviewed the attached project, CP#97-32, Sale of Surplus Property - Briarwood Way to determine
if mandatory referral for General Plan Conformance, as required by Section 65402 of the Government Code,
is necessary.
I recommend the project needs no further mandatory referral clearance from County staff subject to the
following actions:
( ) This project has been determined to be exempt from 65402 review.
( ) This project has been determined to be exempt from 65402 review in accordance with the
Board of Supervisors Resolution 81/522 because the project involves a road alignment
project of a minor nature.
( ) Community Development staff makes the following attached recommendation which should be
incorporated into the staff report on this matter.
The project needs mandatory referral and we request Community Development staff to process this project
in the following manner:
(✓) 65402 review is required. Community Development staff should carry this matter before the
appropriate Planning Commission. The map of the project site and description is attached.
( ) 65402 review must be withheld until completion of an Environmental Impact Report on this
project.
( ) The proposed property sale was referred to the City of Walnut Creek for General Plan
Conformance (4-4-97).
Approved By:
Community Development
h:\mr4gpc\briarwd.gpe
(Rev.497)
CONTRA PUciLIC WORKS DEPARTMtNT
COSTA INITIAL STUDY
COUNTY OF ENVIRONMENTAL SIGNIFICANCE
PROJECT # 7520-6138334
CP# 97-32
PROJECT NAME: Sale of Surplus Property - Briarwood Way
PREPARED BY: Janet Frattini DATE: April 7, 1997
APPROVED BY- DATE: 0.p UU –
RECOMMENDATIONS:
(✓) Categorical Exemption (Class 12 ) ( ) Negative Declaration
( ) Environment Impact Report Required ( ) Conditional Negative Declaration
The project will not have a significant effect on the environment. The recommendation is based
on the following:
The vacant lot is surplus government property which is not in an area of statewide, regional, or areawide
concern as identified in Section 15206 (b)(4). However, if the properties were located within these
areas, their sale would be exempt if the properties comply with the conditions listed in the CEQA
Guidelines Section 15312 (a) and (b).
What changes to the project would mitigate the identified impacts .
N/A
USGS Quad Sheet Walnut Creek Base Map Sheet # L14 Parcel # 144-110-XXX
GENERAL CONSIDERATIONS:
1. Location: The property is located at the end of Briarwood Way in the central county city of
Walnut Creek (Figures 1 & 2).
2. Project Description: The project consists of the sale of surplus property which is an
approximately 2.25 acre vacant lot. The lot is bounded on the north and east by the Contra Costa
County Flood Control District channel, the west by B.A.R.T., and the south by Briarwood Way
(Figure 3). The parcel was acquired for the Walnut Creek Channel flood control project which
has been completed so the property is no longer needed.
3. Does it appear that any feature of the project will generate significant public concern?
[] yes [✓] no [] maybe (Nature of concern):
4. Will the project require approval or permits by other than a County agency?
[I yes [✓] no Agency Name(s)
5. Is the project within the Sphere of Influence of any city? Yes, Walnut Creek.
hAcatexmptIriarwd.ini
(Rev.4/97)
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Hatched area designates Flood Control Property
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NOT TO SCALE
NOTICE OF
PUBLIC LAND SALE
COS
2 P c°c Option to Purchase
° Auction Sale
cgQFORNDATE: August 19, 1997
SURPLUS TIME: 10:00 A.M.
PLACE: Conference Room
LAND v'D", 255 Glacier Dr.
Martinez, CA 94553
PROPERTY LOCATION: East end of Briarwood Way, Walnut Creek. Near the Pleasant
Hill B.A.R.T. Station
PROPERTY DESCRIPTION: Assessor's Book 144, Page 11. Approximately 2.25 acres,
vacant residential lot.
PROPERTY INFORMATION: Size: Approximately 2.25 acres
Zoning: A-3
General Plan: SFR/Low Density
Utilities: Water, sewer, gas and electric available
Property Taxes: Not currently taxed -will return to tax roll upon
MINIMUM BID: $375,000.00
OPTION DEPOSIT AMOUNT: $30;000.00 in the form of a CERTIFIED CHECK, CASHIER'S
CHECK OR MONEY ORDER (NO PERSONAL CHECKS)
OPTION PERIOD: This property is being structured as a one-year option. For
details please see Option Agreement on file with the Public
Works Department.
CONTRA COSTA COUNTY, PUBLIC WORKS DEPARTMENT,
REAL PROPERTY DIVISION
255 GLACIER DRIVE, MARTINEZ, CA 94553
For additional information, call Karen Laws, Senior Real Property Agent at (510)313-2228
(Monday - Thursday, between 7 a.m. to 4:30 p.m.)
Parcel Number: 144-110-XXX Optionee:
Project Name: Sale of Surplus-Briarwood Way, P.H. Address:
Project Number: 7520-668334
OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
AND THE OPTIONEE NAMED HEREIN
1. Recitals.
a. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION
DISTRICT, a political subdivision of the State of California ("District") is the owner
of the certain real property described in Exhibit"A" attached hereto and made a part
hereof, and further identified in assessor's Book 144, Page 11, a vacant parcel of
land approximately 2.25±acres, located at the east end of Briarwood Way, Walnut
Creek, hereinafter referred to as the "Property."
b. District proposes to sell the Property.
C. ("Optionee') desires to acquire the exclusive
right to purchase the Property at an agreed price and under the specific terms and
conditions below.
2. Effective Date.
The effective date of this Option shall be the date that this Option is approved by
the Contra Costa County Board of Supervisors, as governing body of the District.
3. Grant of Option.
District grants to Optionee the exclusive option to purchase the Property on the
terms and conditions in this Option Agreement.
4. Term of Option.
The term of this option shall commence on the Effective Date and shall expire or
terminate on the earliest of the following dates:
a. First Option Period. Sixty days following the Effective Date, unless during
said sixty-day period District receives from Optionee written notice that Optionee
wishes to extend the Option Period to the Second Option Period defined below.
During the First Option Period, it is Optionee's intent to conduct investigations of
the site to determine its suitability for Optionee's intended development.
b. Second Option Period. One year following the Effective Date.
1
c. Extension of Option Period. District, in its sole discretion, shall have the
right, but not the obligation, to extend the term of either the First Option Period
or the Second Option Period, under such terms and conditions as District
believes is reasonable, if District, in its sole discretion, believes such extension
is warranted. No such extension shall be effective unless and until it is in
writing signed by both parties.
d. Breach. Immediately upon a breach or default by Optionee under this Option
Agreement.
e. Purchase. The date that the Optionee acquires the entirety of the Property.
5. Consideration for Option.
a. Payment. As consideration for the Option granted under this Agreement,
Optionee agrees to pay District the sum of Thirty Thousand Dollars ($30,000)
upon the terms and conditions outlined herein, said amount to be credited to
the Purchase Price of the Property ("Option Consideration"). The Option
Consideration shall be paid by certified check, cashier's check or money order
at the time of the public auction. The Option Consideration shall be paid at the
Public Works Department, Real Property Division, 255 Glacier Drive, Martinez,
CA 94553, payable to the Contra Costa County Flood Control and Water
Conservation District.
b. Retention of Option Consideration. Except as provided in this Section
5.b.(1) and in Section 10 below, all Option Consideration paid to or on behalf
of District shall belong to District and be retained by District, whether or not
Optionee ultimately exercises its right to purchase the Property. District shall
have no obligation to account for the Option Consideration to Optionee.
(1) Limited Exception to Retention. Optionee intends to conduct
feasibility studies of the subject Property during the First Option
Period. If, during the First Option Period Optionee determines that
the results of said studies do not meet Optionee's-development
requirements, the Optionee shall notify the District in writing of
Optionee's decision to terminate this Option right and this agreement
shall be no further force and effect. In such circumstance shall the
deposit amount of $30,000 be returned to the Optionee, without
interest and less any expenses incurred by the District.
6. Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at District's Option the sale may
be consummated through an escrow at a title company to be selected by
mutual agreement ("Title Company"). In such case, Optionee hereby authorizes
District to prepare and file escrow instructions with said Title Company on
behalf of Optionee in accordance with this Agreement. Escrow shall be
2
deemed to be closed and the Property shall be deemed to be conveyed on the
date the deed to Optionee is recorded ("Closing Date"). All escrow fees,
recording fees, documentary transfer taxes or other real estate transaction
taxes or fees, by whatever name known, including broker's commission, if any,
and personal property sales taxes where applicable, will be paid solely by
Optionee. If title insurance is desired by the Optionee, Optionee will be solely
responsible to pay the premium charged therefor.
b. Purchase Price. The purchase price ("Purchase Price") for the Property
during the Option Term is the sum of
Dollars ($ ). All Option Consideration paid
by Optionee shall be credited to the Purchase Price of the Property. The
Purchase Price shall be paid at the Public Works Department, Real Property
Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa
County Flood Control and Water Conservation District.
c. Title; Grant Deed. The right, title and interest in the Property to be conveyed
by District pursuant to this Agreement shall not exceed that vested in the
District. If the Optionee exercises its option, the Property shall be conveyed to
Optionee subject to all title exceptions, restrictions, easements, liens and
reservations, whether or 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 deed from the Contra
Costa County Flood Control and Water Conservation District has been
recorded. If the Optionee exercises its Option, upon approval by the Board of
Supervisors, the District 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. Exercise.
From and after the Effective Date, this Option may be exercised by Optionee's
delivering to District before the expiration of the applicable First or, if requested, the
Second Option Term, written notice of the exercise ("Exercise Notice") and payment
of the Purchase Price to the District.
8. Condition of the Property.
Neither District, nor its agents or employees have made any warranty, guarantee
or representation concerning any matter or thing affecting or relating to the Property
nor does it assume any responsibility for the conformance to codes or permit
regulations of the city or District within which the Property is located.
Optionee warrants that Optionee is a sophisticated owner and developer of real
property, familiar and experienced with requirements for development of real
property. If Optionee exercises this Option, Optionee will accept the Property in an
3
as is" condition. District has not made and does not make any representation as
to the physical condition of the Property.
Optionee has or will conduct an independent investigation with respect to zoning
and subdivision laws, ordinances, resolutions and regulations of all governmental
authorities having jurisdiction over the Property, and the use and improvement of
the Property, District has not made any representation regarding any of these
matters. Optionee understands and agrees that approval of a development on the
Property may include a condition requiring Optionee to provide a dedicated
easement for a pedestrian and bicycle element that would connect Pleasant Hill
BART Station to the Bancroft Road/David/Minert area.
Optionee hereby releases District, its agents, officers and employees, and any
other person involved in any way with the repair of the Property or sale of the
Property from any claim resulting from any present or future condition of the
Property, including any claim for loss resulting from, contributed to, or aggravated
by, earth movement. Optionee understands agrees that if Optionee exercises this
Option, the following clause will be included in the deed to the buyer:
"It is mutually agreed and understood that this property may be
subject to soil instability and that the Grantee(s) for themselves and
their successors or assigns, hereby waive any and all claims for
damages from further earth movement or soil instability which may
occur because of prior actions by Contra Costa County, the Contra
Costa County Flood Control and Water Conservation District, their
respective officers, contractors, agents and employees, or any other
person or entity."
9. Right of Entry. During the term of this Option and prior to the Closing Date,
Optionee, its agents, contractors and employees, shall 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 Property as Optionee determines necessary or
desirable. Optionee will defend, indemnify and hold District harmless from any
claim, loss or liability in connection with any entry by Optionee, its contractors,
agents and employees and Optionee will be solely responsible for all costs incurred
in connection with these activities or Optionee's investigation of the Property.
10. Informalities; Cancellation of Sale.
District reserves the right to waive any informality or irregularity on any offer or
cancel the sale at any time prior to recording of a deed. In the event of cancellation
of sale by District, through no fault, action or inaction of Optionee, all monies
deposited shall be refunded without payment of interest.
4
11. 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 purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be
deemed delivered three (3) business days 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:
District: Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (510) 313-2000
Fax: (510) 313-2333
Optionee:
or to such other addresses as Optionee and District may respectively designate
by written notice to the other.
12. Assignment, Successors and Third-Party Rights.
This Option and all rights under this Agreement shall be freely assignable. This
agreement shall be binding on and inure to the benefit of the parties, and their
respective heirs, personal representatives, successors and assigns. Nothing in this
Agreement, express or implied, is intended to confer on any person, other than the
parties and their respective successors and assigns, any rights or remedies under
or by reason of this Agreement.
5
13. Construction.
The section headings and captions of this Agreement are, and the arrangement of
this instrument is, for the sole convenience of the parties 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
Agreement shall not 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 ambiguities are to be resolved against the drafting
party shall not apply to the interpretation of this Agreement.
14. 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.
15. 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.
16. 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 the
parties intended to enter into in the first instance.
17. Indemnification.
As partial consideration for this Agreement, Optionee shall defend, indemnify,
protect, save and hold harmless District, its officers, agents, and employees, from
any and all claims, costs and liability for any damages, sickness, death or injury to
persons or property, including without limitation all consequential damages, from
any cause whatsoever, including the sole or joint negligence of District, its agents,
officers or employees, arising directly or indirectly from or connected with the
6
repairs or any present or future condition 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 make good to and
reimburse District for any expenditures, including reasonable attorneys' fees that
District may make by reason of such matters and, if requested by District, will
defend any such suits at the Optionee's sole expense.
18. 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.
19. Quitclaim Deed.
If this Agreement is terminated, Optionee agrees, if requested by District, to
execute, acknowledge, and deliver a quitclaim deed to District within ten (10) days
after termination and to execute, acknowledge, and deliver any other documents
required by any title company to remove the cloud of this Option from the Property.
20. 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.
21. Time of Essence.
Time is of the essence for the Option Agreement. If the Option is not exercised in
the manner provided in Section 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 subsequent payment or further action by Optionee.
22. Waivers.
No waiver of any breach of any covenant or provision 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.
23. Amendment.
This Agreement may not be amended or altered except by a written instrument
executed by District and Optionee.
7
24. Entire Agreement.
This Agreement contains the entire agreement between the parties respecting the
matters set forth, and expressly supersedes all previous or contemporaneous
agreements, understandings, representations or statements between the parties
respecting this matter.
By Order of the Board of Supervisors,
as the Governing Body of Contra Costa OPTIONEE
County Flood Control & Water
Conservation District
By: By:
Chair, Board of Supervisors
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By:
Deputy Clerk
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A - Legal Description
KAL:gpp
g:Vea1prop\97-6\Option.wpd
June 19, 1997
8
Portion Rancho San Miguel
Excess Property
Drawing ED-340
EXHIBIT "A"
Real property in an unincorporated area of the County of Contra Costa, State of California, Being
a portion of the Rancho San Mguel, also being a portion of the property Deeded to the Contra Costa
County Flood Control and Water Conservation District in a Grant Deed recorded August 30, 1966,
in Book 5194 of Official Records at page 401, also being Parcel 22.2 as shown on the Contra Costa
County Flood Control and Water Conservation District map "Walnut Creek Contract 4 Reach 6
Excess Lands Parcels 22.1 &22.2" drawing number ED-340 described as follows:
Commencing at the most northeasterly street monument on Briarwood Way as shown on the map of
Subdivision 2802 recorded October 13, 1961 in Book 84 ofMaps at page 35; thence north 480 54'35"
east 88.76 feet to the Point of Beginning being a pont on the northeasterly line of said Subdivision
2802, also being a point on the southwesterly line of the property Deeded to the Contra Costa County
Flood Control and Water Conservation District(5194 O.R 401);thence from said Point of Beginning
north 63°54'25"west 123.82 feet; thence north 14°05'35"east 44.88 feet to a point on the southeast
right of way line of the Bay Area Rapid Transit District right of way as recorded December 15, 1964
in Book 4763 of Official Records at Page 377; thence along said right of way line north 57054'30"
east 358.50 feet to a point on the westerly right of way line of the Walnut Creek Flood Control
Channel;thence along said right of way line south 31°57'50" east 11.15 feet;thence southerly 397.56
feet along the are of a tangent curve, concave to the west, having a radius of 471.00 feet, through a
central angle of 48°21'45"; thence south 16°23'55" west 122.04 feet; thence leaving said Channel
right of way north 76°2619" west 2.43 feet; thence north 6°24'25" west 8.45 feet; thence north
36024'25" west 198.00 feet;thence north 63'54'25" west 118.40 feet; to the Point of Beginning.
Containing an area of 98,034 square feet (2.251 acres)of land, more or less.
Bearings are based on the California Coordinate System Zone III(CCS27). Distances given are grid
distances. To obtain ground distance, multiply distance given by 1.0000657.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
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Contra Costa County Public Works
Na 5939
Date:
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Hatched area designates Flood Control Property
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NOT TO SCALE
Parcel Number: 144-110-XXX Optionee:
Project Name: Sale of Surplus-Briarwood Way, P.H. Address:
Project Number: 7520-6B8334
OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
AND THE OPTIONEE NAMED HEREIN
1. Recitals.
a. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION
DISTRICT, a political subdivision of the State of California ("District") is the owner
of the certain real property described in Exhibit"A° attached hereto and made a part
hereof, and further identified in assessor's Book 144, Page 11, a vacant parcel of
land approximately 2.25±acres, located at the east end of Briarwood Way, Walnut
Creek, hereinafter referred to as the "Property."
b. District proposes to sell the Property.
C. ("Optionee') desires to acquire the exclusive
right to purchase the Property at an agreed price and under the specific terms and
conditions below.
2. Effective Date.
The effective date of this Option shall be the date that this Option is approved by
the Contra Costa County Board of Supervisors, as governing body of the District.
3. Grant of Option.
District grants to Optionee the exclusive option to purchase the Property on the
terms and conditions in this Option Agreement.
4. Term of Option.
The term of this option shall commence on the Effective Date and shall expire or
terminate on the earliest of the following dates:
a. First Option Period. Sixty days following the Effective Date, unless during
said sixty-day period District receives from Optionee written notice that Optionee
wishes to extend the Option Period to the Second Option Period defined below.
During the First Option Period, it is Optionee's intent to conduct investigations of
the site to determine its suitability for Optionee's intended development.
b. Second Option Period. One year following the Effective Date.
1
c. Extension of Option Period. District, in its sole discretion, shall have the
right, but not the obligation, to extend the term of either the First Option Period
or the Second Option Period, under such terms and conditions as District
believes is reasonable, if District, in its sole discretion, believes such extension
is warranted. No such extension shall be effective unless and until it is in
writing signed by both parties.
d. Breach. Immediately upon a breach or default by Optionee under this Option
Agreement.
e. Purchase. The date that the Optionee acquires the entirety of the Property.
5. Consideration for Option.
a. Payment. As consideration for the Option granted under this Agreement,
Optionee agrees to pay District the sum of Thirty Thousand Dollars ($30,000)
upon the terms and conditions outlined herein, said amount to be credited to
the Purchase Price of the Property ("Option Consideration"). The Option
Consideration shall be paid by certified check, cashier's check or money order
at the time of the public auction. The Option Consideration shall be paid at the
Public Works Department, Real Property Division, 255 Glacier Drive, Martinez,
CA 94553, payable to the Contra Costa County Flood Control and Water
Conservation District.
b. Retention of Option Consideration. Except as provided in this Section
5.b.(1) and in Section 10 below, all Option Consideration paid to or on behalf
of District shall belong to District and be retained by District, whether or not
Optionee ultimately exercises its right to purchase the Property. District shall
have no obligation to account for the Option Consideration to Optionee.
(1) Limited Exception to Retention. Optionee intends to conduct
feasibility studies of the subject Property during the First Option
Period. If, during the First Option Period Optionee determines that
the results of said studies do not meet Optionee's-development
requirements, the Optionee shall notify the District in writing of
Optionee's decision to terminate this Option right and this agreement
shall be no further force and effect. In such circumstance shall the
deposit amount of $30,000 be returned to the Optionee, without
interest and less any expenses incurred by the District.
6. Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at District's Option the sale may
be consummated through an escrow at a title company to be selected by
mutual agreement ("Title Company"). In such case, Optionee hereby authorizes
District to prepare and file escrow instructions with said Title Company on
behalf of Optionee in accordance with this Agreement. Escrow shall be
2
deemed to be closed and the Property shall be deemed to be conveyed on the
date the deed to Optionee is recorded ("Closing Date"). All escrow fees,
recording fees, documentary transfer taxes or other real estate transaction
taxes or fees, by whatever name known, including broker's commission, if any,
and personal property sales taxes where applicable, will be paid solely by
Optionee. If title insurance is desired by the Optionee, Optionee will be solely
responsible to pay the premium charged therefor.
b. Purchase Price. The purchase price ("Purchase Price") for the Property
during the Option Term is the sum of
Dollars ($ ). All Option Consideration paid
by Optionee shall be credited to the Purchase Price of the Property. The
Purchase Price shall be paid at the Public Works Department, Real Property
Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa
County Flood Control and Water Conservation District.
c. Title; Grant Deed. The right, title and interest in the Property to be conveyed
by District pursuant to this Agreement shall not exceed that vested in the
District. If the Optionee exercises its option, the Property shall be conveyed to
Optionee subject to all title exceptions, restrictions, easements, liens and
reservations, whether or 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 deed from the Contra
Costa County Flood Control and Water Conservation District has been
recorded. If the Optionee exercises its Option, upon approval by the Board of
Supervisors, the District 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. Exercise.
From and after the Effective Date, this Option may be exercised by Qptionee's
delivering to District before the expiration of the applicable First or, if requested, the
Second Option Term,written notice of the exercise("Exercise Notice") and payment
of the Purchase Price to the District.
8. Condition of the Property.
Neither District, nor its agents or employees have made any warranty, guarantee
or representation concerning any matter or thing affecting or relating to the Property
nor does it assume any responsibility for the conformance to codes or permit
regulations of the city or District within which the Property is located.
Optionee warrants that Optionee is a sophisticated owner and developer of real
property, familiar and experienced with requirements for development of real
property. If Optionee exercises this Option, Optionee will accept the Property in an
3
.as is" condition. District has not made and does not make any representation as
to the physical condition of the Property.
Optionee has or will conduct an independent investigation with respect to zoning
and subdivision laws, ordinances, resolutions and regulations of all governmental
authorities having jurisdiction over the Property, and the use and improvement of
the Property. District has not made any representation regarding any of these
matters. Optionee understands and agrees that approval of a development on the
Property may include a condition requiring Optionee to provide a dedicated
easement for a pedestrian and bicycle element that would connect Pleasant Hill
BART Station to the Bancroft Road/David/Minert area.
Optionee hereby releases District, its agents, officers and employees, and any
other person involved in any way with the repair of the Property or sale of the
Property from any claim resulting from any present or future condition of the
Property, including any claim for loss resulting from, contributed to, or aggravated
by, earth movement. Optionee understands agrees that if Optionee exercises this
Option, the following clause will be included in the deed to the buyer:
"it is mutually agreed and understood that this property may be
subject to soil instability and that the Grantee(s) for themselves and
their successors or assigns, hereby waive any and all claims for
damages from further earth movement or soil instability which may
occur because of prior actions by Contra Costa County, the Contra
Costa County Flood Control and Water Conservation District, their
respective officers, contractors, agents and employees, or any other
person or entity."
9. Right of Entry. During the term of this Option and prior to the Closing Date,
Optionee, its agents, contractors and employees, shall 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 Property as Optionee determines necessary or
desirable. Optionee will defend, indemnify and hold District harmless from any
claim, loss or liability in connection with any entry by Optionee, its contractors,
agents and employees and Optionee will be solely responsible for all costs incurred
in connection with these activities or Optionee's investigation of the Property.
10. Informalities; Cancellation of Sale.
District reserves the right to waive any informality or irregularity on any offer or
cancel the sale at any time prior to recording of a deed. In the event of cancellation
of sale by District, through no fault, action or inaction of Optionee, all monies
deposited shall be refunded without payment of interest.
4
11. 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 purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be
deemed delivered three (3) business days 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:
District: Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (510) 313-2000
Fax: (510) 313-2333
Optionee:
or to such other addresses as Optionee and District may respectively designate
by written notice to the other.
12. Assignment, Successors and Third-Party Rights.
This Option and all rights under this Agreement shall be freely assignable. This
agreement shall be binding on and inure to the benefit of the parties, and their
respective heirs, personal representatives, successors and assigns. Nothing in this
Agreement, express or implied, is intended to confer on any person, other than the
parties and their respective successors and assigns, any rights or remedies under
or by reason of this Agreement.
5
repairs or any present or future condition 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 make good to and
reimburse District for any expenditures, including reasonable attorneys' fees that
District may make by reason of such matters and, if requested by District, will
defend any such suits at the Optionee's sole expense.
18. Survival.
All of the terms, provisions, representations, warranties and covenants of the
parties under this Agreement shall survive the Gose 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.
19. Quitclaim Deed.
If this Agreement is terminated, Optionee agrees, if requested by District, to
execute, acknowledge, and deliver a quitclaim deed to District within ten (10) days
after termination and to execute, acknowledge, and deliver any other documents
required by any title company to remove the cloud of this Option from the Property.
20. 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.
21. Time of Essence.
Time is of the essence for the Option Agreement. If the Option is not exercised in
the manner provided in Section 7 before the expiration of the applicable Option
Term, Optionee shall have no interest in the Property and the Option nay not be
revived by any subsequent payment or further action by Optionee.
22. Waivers.
No waiver of any breach of any covenant or provision 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.
23. Amendment.
This Agreement may not be amended or altered except by a written instrument
executed by District and Optionee.
7
24. Entire Agreement.
This Agreement contains the entire agreement between the parties respecting the
matters set forth, and expressly supersedes all previous or contemporaneous
agreements, understandings, representations or statements between the parties
respecting this matter.
By Order of the Board of Supervisors,
as the Governing Body of Contra Costa OPTIONEE
County Flood Control & Water
Conservation District
By: By:
Chair, Board of Supervisors
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By:
Deputy Clerk
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
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June 19, 1997
8
Portion Rancho San.Miguel
Excess Property
Drawing ED-340
EXHIBIT "A"
Real property in an unincorporated area of the County of Contra Costa, State of California, Being
a portion of the Rancho San Mguel, also being a portion of the property Deeded to the Contra Costa
County Flood Control and Water Conservation District in a Grant Deed recorded August 30, 1966,
in Book 5194 of Official Records at page 401, also being Parcel 222 as shown on the Contra Costa
County Flood Control and Water Conservation District map "Walnut Creek Contract 4 Reach 6
Excess Lands Parcels 22.1 &22.2" drawing number ED-340 described as follows:
Commencing at the most northeasterly street monument on Briarwood Way as shown on the map of
Subdivision 2802 recorded October 13, 1961 in Book 84 of Maps at page 35; thence north 48 054,35"
east 88.76 feet to the Point of Beginning being a pont on the northeasterly line of said Subdivision
2802,also being a point on the southwesterly be of the property Deeded to the Contra Costa County
Flood Control and Water Conservation District(5194 O.R.401);thence from said Point of Beginning
north 6305475"west 123.82 feet; thence north 14°0515"east 44.88 feet to a point on the southeast
right of way line of the Bay Area Rapid Transit District right of way as recorded December 15, 1964
in Book 4763 of Official Records at Page 377;thence along said right of way line north 57°54'30"
east 358.50 feet to a point on the westerly right of way line of the Walnut Creek Flood Control
Channel;thence along said right ofway line south 31'57'500 east 11.15 feet;thence southerly 397.56
feet along the arc of a tangent curve,concave to the west, having a radius of 471.00 feet,through a
central angle of 48021'45"; thence south 16°23'55" west 122.04 feet; thence leaving said Channel
right of way north 76°26'19" west 2.43 feet; thence north 6°24'25" west 8.45 feet; thence north
36°24'25" west 198.00 feet;thence north 63°54'25" west 118.40 feet;to the Point of Beginning.
Containing an area of 98,034 square feet(2.251 acres) of land, more or less.
Bearings are based on the California Coordinate System Zone Ill(CCS27). Distances given are grid
distances. To obtain ground distance, multiply distance given by 1.0000657.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
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Signature:
Licensed Land Surveyor Exp-
Contra
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