HomeMy WebLinkAboutMINUTES - 07271999 - C120 Contra,
TO: BOARD PIER
Costa
is
County
FROM: DENNIS M. BARRY, AICP
COMMUNITY DEVELOPMENT DIRECTOR
DATE: July 27; 1999
SUBJECT: AUTHORIZE THE CHAIR TO EXECUTE A GRANT OF EASEMENT FROM T.A.
TUCKER ASSOCIATES, INC. ON BEHALF OF THE COUNT"
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
REQQMME
I. ACCEPT the Grant of Easement dated July 12, 1999, from T. A. Tucker
Associates, Inc.
. AUTHORIZE the Chair of the Board of Supervisors to execute said Grant of
Easement on behalf of the County..
3. DIRECT the Regi Property Divisions of the Public Works Department, to have
the above referenced Grant of Easement recorded in the Office of the County
Recorder.
These property rights are required for the settlement of disputed project conditions
of approval for Final Development Plan #963030 (Alamo Orchard).
The dispute related to the project conditions of approval will remain unresolved.
CONTINUED ON ATTACHMENT: _YES SIGNATURE
RECOMMENDATION P COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM ITTEE
APPROVE OTHER
ACTION OP BOARD Y?- APPROVED AS RECOMMENDED ___._ T I —
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES:— NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT; ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact; DENNIS BARRY, AICP (335-1277) ATTESTED cc: Community Development Department (CDD) PHIL I ATCHELL � CI E . OF
County Counsel THE BOARD OF SUPERVISORS
PubliC, Works-Peal Property AND COUNTY ADMINISTRATOR
Tucker Associates, Inc. Ay
C K/df 1
bo4:dp963Q30.bo DEPUTY
AFTER RECORDING,RETURN TO: R CCORDED AT REQUEST OF:
r,ONTRA COSTA COUNTY Community Dovelopment DapSftOnt
Co€rqnunhy Deveiopmnt Dopiartment Contra Cysts CCU*
Aft,Ditodof
$61 Ping Strad
Meednez,CA 94553
GRANT OF EASEMENT
This grana of easement is meds by and bet en T.A.TUCKER ASSO IA7ES, INC.,s
Cs,,fortis corporation, (NGrantW) and CONTRA COSTA COUNTY, a political subdivision of the
state of California CCo racy).
RECITALS
A. Orentor is the sole owner in fee simple of certain rssi Property locatOd in the
County of Contra Costa mora pan ler described in tho attached Exhibit, ,(APP 192.0718
01,4, 3 Denville Blvd.'
Alamo,CA, 94 OT,"subjet propertyR).
S. GranW and County dire(i)to settle their d€ffere,nees over interpretatior of e
condition of approval for ft final development pidra for the subject priperti(Condition 15, Fina'
Development Flom DP963030)relating to whether any1>9 of f6od service business is allowed
at the subject property,and(11)to create tido EAS ES for the purism of cisrlt irethat
noon. and nfirmia that=except es expressly provided in this EASEMENT, n mated
business shall be conducted on the property described In Exhibit A,including, but not limited to,
the following, restaurants;€ st food,take out food,food markets, stores selling food packaged in
ses4d containers or wrapping or requiring cooking or cher preparation prior tc consumption.
COVENANTS,FERNS, CONDMONS,AND RESTRICTIONS
lra consideration of the ab�ove:and the mutual covenants,teras, conditions and restrictions
contained hetsln: the rvceipit and sufficiency of which is hereby=-knowrledged,Grantor lie to y
grants to County a perpetual EASEMENT over the subject property.
I, Purpose. It is the purpose of this EASEMENT to assure that except as
exprsasly silowed ars this EASEMENT, no food related business will be estsbi4hed or conducted
on the subject propwri.
2.> Recitals. Thi witals=intendod tc bt and shall be pan offs EASEMENT.
1 Prehibited Uses, Except as"cstgcaaly provided in Section 4 heroof,Grantor
shalt not per.wt or allow throue,lease,license,agreenrmra or otherwise,any N)d rvIlated
I
businesscs at the subiect property,including but not limited to the following: resw4mts,fast
food,take out fes,food markets,stores Riling food packagied in=led Mainers or gypping
or requiring cooking or other preparation prior to consumption o any portion of the subiect
property-
4, Exception to prohibited U°ses, ` iq castmew shall not affect the existing kiss
or the operation of PapaMurphy's Take n' Bakc Pi ("Papa Murphy's"). This exception will
continue to apply in the event of(a)any future w rate name changes of Papa hy's
provided the bu%new operated at the site remains unchanges(b)extensions turd modifications
of the lease to Papa Murphy's,,imWing modification to the sp leased within the subject
property,und,(c fthe sale of Papa why's to ober ftanchisee conducting the same type of
lei ss(selling packaged,scaled food which requiresAmer preparation or cooking),provided
that this subsection(c)is subject to the approyal of Courty,which approval shall not be
unreasonably withheld,conditioned or delayed. This exception will terminate if the Papa
Murphy's ceases to operate on the subject pro '• A cessation in operdtion`rill not be deemed
to occur in the event ofclmm,%as a result of re ,odelal. , charges of equipment,natural disaster
{weather-relat },acts of god,futility outages, Y2K related problems,govemment mandates(Fach
as�by-way of example and not lirittition, m andates related to flood control or discovery of
hazardousmaterials).
. Negative FAsement. This EASEMENT is in the fom of a negative c ement and
shall be binding on ft plies hereto mad the Fovisions hereor alt be covenants manning with
the land and shall, ins to the benefit of and be binding on the sucmsors and assigns of Grantor,
County and all other pales having or acquiring any right,title or interest in any part of the
subject property encumbered by the RASEMEN R described herein.
6. Hold Harmless. Grantor,its s o us and assigns;shall hold harm. 1css,
inde€ n-4,and defend County and its mombcrs,directors,officers,employees,agents and
contractors and the heirs,person representatives,successors,and assigns ofeach of them
(collectively"Indemnified Parties")from and against all liabilities,penalties,costs,losses,
damages,expense,causes ofaction,claims,demands,or judgments,including without limitation,
reasonable attorney's fccs, arising from or in any way connected with the existence or
adminiWation of the EASEMENT,or any act or approW of the County related to the use of the
pror#;�a
7. Thir=d Party Betieficisrics. Grantor and County agree that these ovmcrs of real
property located within three hundred feet of the boundaries of the subject Propeny areto be
deeded third party beneficiaries of this EASEMENT with the right to enforce the terms and
conditions of this EASEMENT,provid ,hovmver,that Olntor and County,pursuant to Section
10 of this Agreement,may modify,amend andlor to inatc°.his emement without the consent of
such third party beneficiaries.
8. Rame4lies. Should Grantor violate any of the provisions hereof,County or Third
Party Deneficianes shall be entitled to all rights and remedies avaitab€e at law or in equity,
including Without limitation,an order tajoining the activity in violation hereof and an order
requiring the removal of the improvements constructed in violation hereof. In addition, County
s .11 be entitled to an award of all expenses incurred by County in puirstiing such violation(s),
including costs, interest,attorneys fees and other litigation experins.
2
�7t2
7112/99 4o50 AM.
9. California Low, This Agreement shall be governed by and construed in
accard&nce with the laws of the State of California, The verwe for any legal action.pertaining to
this Agrcement shall be Conte Cost&County,Califomia.
10. Seversb€ltye Many tis condition or provision of this Agmement is decia, d
illegal or invalid for any reason by a court ua compctent jurisdiction,the remaining terms,
conditions wW provisions 3MI nevcrthclv3s remain in full force or effect.
M Entire Agreement. This Agreement and any exhibits attached hereto and
Incur rated e L-s by reference contain the entire agreement between the Patticsh=to with
respect to ffie.%ubicd utter of this Agreement except as set forth herein. It is expressly
understood by each of the parties that this Agreement may be altered,an. erided,modified and/or
otherwise changed in any respect whatsoever by a writing exccuW by Wth the Gr for and
County.
W WrESS WH-MEOIv this grant of essernent is li ed and executed on Che slates
indicated below.
County Grantor
CONTRA COSTA COUNTY T.A. TUCKER ASSOCIATES.
F ;
V
04ir.,6owd of Supervisors Brent A. Tucker,President
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On—�Ialv -12-, 1993 s before me, �� persomily ap
peamd
EN'S'A.TUCKER,pemnaliy knowm to me(or prov .etre on the basis of satisfactory
evidcn*to he the person(s)masse name(s)isla,-c subscribed to
the Within instrument and
acknowledged to me that helsheMcy executed the same in hi herltheir Whorized capacity(es)
and ftt by his erttrhe€r signature(s)on tw instrt mcnt the person(s)or crAity on behalf of which
the n(s)acted,executed the instrument.
SES .My hq delafci mat,
zeta s
COMM.#IlanNOTARY PUS1,10-CALIFOP"D
-L
CONTRA COSTA COUNTY0
COMM.EXP,MAY 3 2002�
062696tj
AP UCANT: YOUR CONTACT
PERSONIS m Peggy Neff
CONTACT AT : (510) 331-9700
FAX NO. a (510) $31-9067
Mt. Diablo Bank
155 Diablo Road Escrow Order No. ; 31394E
Walnut Creek, CA 94596 Title Order No. : 313946 UPDATE 11
Attn: Cathy Conn Title Officer ; Brian Mornaneylbirn
Customer Reference ; None
Property Address
COPIES TO: Civic Bank
Subject to ai€r m.urn charge required b,Section 12404 of the Insurance Code. The form of policy of title insurance
contemplated by this report is,
AN AMERICAN LAND TITLE AS OCIA1€0N EXTENDED COVERAGE LOAN POLICY-1992(Amended 10-17-92).
NOTE: A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR A0 €TIONAL COVERAGE IS
DESIRED.
In response to than referenced application for e policy of title insurance,this Company hereby reports that itis prepared
to issue, or cause to be issued, as of the date hereof, e Policy of Title Insurance in the forte specified above,
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be
sustained by reason of any defect, lien or encumbrance not shown or referred to as on Exception below or not
excluded from coverage pursuant to°the printed Schedules= Conditions and Stipulations of said policy form.
he printed Exceptions and Exclusions from the coverage of said policy or Policies are attached. Copies of the Policy
forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth In Exhibit
A. of this report carefully. The exceptions and exclusions ars meant to provide you with notice of matters
which are not covered sender the terms of the title Insurance policy and should be carefully considered.
It is Important to note that this preliminary report Is not x written representation as to the condition of title
and may not list all liens,defects, and encumbrances affecting title to the land°
71
is report land any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance
of a policy of title insurams and no liability is assurned hereby. If it is desired that liability be assumed prior to the
issuance of a policy of title insurance, a Binder or Commitment should be requested.
Title Operations Manager
First American Title
Order No. 313946
Customer Reference: None
Page No. 2
Dated as of June 12, 1993 at 7.36 s, .
Tit,le to said estate or interest at the date hereof is vested in:
T.A. TUCKER ASSOCIATES,INC., a California corporation
The estate orinterest in the iand hereinafter described or referred to covered by this Report is.
A fee
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXC P TIONS
CONTAINED IN SAID POLIO" FORM WOULD BE A6FOLLOWS:
1. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
2. TERMS, CONDITIONS AND PROVISIONS ntained it the Ordinance No. 96-27, South County
Area of Benefit recorded August 15, 1996, Series No. 96-152751, Oficial Records,
1 TERMS, CONDITIONS AND PROVISIONS contained in the Ordinance No.96-26 Southern Contra
Costa Fee Areas recorded August 15, 9996, Series No. 96-152752, Official Records.
4. A DEED OF TRUST with Assignment of Rents to secure an indebtedness in the original principal
sum shown below and any other arnounts and/or obligations secured thereby
Amount 390=0.1010
Dated December 29, 1997
Trustor T.A. Fucker Associates, Inc., e California corps tion,
Trustee : Financial Title Company, a California corporation
Beneficiary Elsie Brannon Post, an unmarried woman as to $930,000.00, Shottie
Gerber, an unmarried woman a to$161,000.00 and Marilyn Rlegelhutb,
an unmarried women as to $9,000.00
Address c10 Merle 0. tell Company, 1855 Olympic Blvd., #250, 1VVanut Creek,
A 94596
Loan No. None shown
`hype None shown
Recorded December 31, 1997, Series No. 97-255625, Official Records.
First American Title
Order No, 313945
Customer Reference: None
Page No. 3
5. A DEED flIF TRU T with Assignment of Rents to secure an indebtedness in the original principal
sur; shown below and any other amounts and/or cb'•.igat#cns secured thereby
Amount $300,000.00
Dago : December 29, 1997
Tr€stcr T.A. Tucker Associates, Inc., a California corporation
Trustee Financial Title Company, a California corporation
Beneficiary John M. Jackson and Janice E. Jackson, husband and wife as joint
tenants as to $270,000.00 and Terri L. Woodruff as to $30,000.00
Address 150 Via Lantana, Aoptcs, CA 95003
Loan No. None shown
Type None shown
Recorded December 31, 1997, Series No. 97-255525, Official Records.
5. Aa DEED OF TRUST with Assignment of Rents to secure an Indebtedness in the original principal
sum: shown below and any other amounts and/or obligations secured thereby
Amount : $71,000.00
Dated December 31, 1997
Trustor : T.A. Tucker Associates, Inc.. a Califomia corporation
Trustee Financial Title Company, a California corporation
5enefclery Charles M. Lindemann and Elsie E. Lende enn, Trustees of the
Lindemann Family Revocable Tryst agreement dated 315194
Address : 115 Dogwood Place, San Ramon, Ca 94553
Loan € o. done shown
Type None shown
Recorded : December 31, 1997, Series No. 97-255527, Oficial Records,
if
INFORMATIONAL NOTES
A. LIEND R`S SPECIAL INFORMATION
ATION
According to the public records, there have been no deeds conveying the herein described proper
recorded within two years pnc:r to the data thereof except as follows:
GIANT DEED
From : Charles M. Lindemann? and Elsie E. Lindemann, Trustees of The
Lindernann Family Revocable Trust Agreement dated March 3, 1994
To Aims Orchards, LLC, a California firrited liability company
Recorded : September 10, 1997, Series No. 97-155951, Offic€al Records.
Said matter affects Parcels Seven and Eight.
RANT DEED
From : Alamo Orchards, L.L.C., a California limited liability company
To : Alarms Orchards, L.L.C., a California limited liability company
Recorded December 31, 1997, Series No. 97-255522, Official Records.
First American Title
Order o. 313946
Customer Reference: None
Page No. 4
RAN17 DEED
From Aiamo Orchards, LLC, s California limited liability company
To T.A. Tucker Associates, Inc., a Califo mia corporation
Recorded : December 31, 1997, Series No. 978266624, OfficW Records,
TAX MOTE
BOTH installments of taxes for the fiscal year 1997-1996 have been paid in f0
1st last llment : $4,601.24
2nd Installment : $4,601,24
Land : $851,700.00
Improvements : None
Personal Property Bone
Exemption : Nuns
A. P. No. 192-071-037
Code Area : 66006
Said matter affects a portion of this and other property.
TAXES for the fiscal year 1997-1999
1st Installment : $1;169.77
2nd Installment : $1,163.77
Land : $219,406.00
Immovemeats None
Personal Property : bone
Exemption : None
A. Re No. : 192-071-009
Code Area : 66066
Said matter affects a portion of this and other propert.l.
TAXES for the fiscal year 1997-1996
1st Installment : $1,264.66
2nd Installment $1,264.86
Land : $236,036.00
Improvements None
R"Onal Property : None
Exemption : None
A. P. leo. 192-071-010
Code Area 66006
Affects a portion of said lard.
First American Title
Order No, 313946
Customer Referer ce: None
Page No.
TAXES for the fiscal year 1997-1999
1st installment $1,284.36
2nd Installment a $1,264.36
Land $236;966.30
improvements Done
Personal Property a None
Exemption None
A. P. No. 19271-011
Code Area 66096
Affects a portion of said land.
C. LAST` insured transaction on 1 -31-97.
D. SHORT TERM rate applies.
E. COLLECT $10.00 user fee for each Grant Deed for Countycr€umerit Preservation Fund.
F. SECRETARY OF State Office reports T.A.T"Ucker Associates, Inc. is ire good'standing as of 1-9-96,
G. SHOULD IT BE DETERMINED by you that work has not been started at the time this report is
issued; consider that a priority inspection small be ordered by this Company for the day of recording
the insureds document. Any evidence of commencement of work of improvement $hail result in
the nonre-cordation of such document. Should priority be broken, this Company will require review
of financial statements, a prq ect data forma and a fully executed Indemnity Agreement I before it
will be in a position to consider issuing any form of mechanic's lien coverage.
H. PURSUANT to California State Law, the County Recorder will no longer accept witness
acknowledgments on Mny deeds„ deeds of trist, mortgages or other security irtstrurnents.
1. WIRE INFORMATION FOR ESCROWS BElNG3 HANDLED IN CONTRA COSTA COUNTY ONLY.
The following information should be used for all funds to be wired for this order. Please i€ dude
the Escrow Officer's bar e and Escrow Number when wiring funds to:
Union Bark, Los Angeles
Branch 716
1969 Saturn Street
Monterey Farb,, CA 91755
ABA#122000496
Credit. First American Title Guaranty Company
Account#7150032034
Re: Escrow No.: 313946
Escrow Officer Peggy Neff
First American Title
2
Order No, 313946
Customer Reference: None
Page No. 6
LEGAL DESCRIPTION
REAL PROPERTY in an unincorporated area, County of Contra Costa; State of California, described as
follows:
Lot 1 Lot 2 and a portion of Lot 5 as shown on the Map entitled "Alamo Orchards, Contra 'Costa County,
California", Ned May 22, 1946 in the Office of the County Recorder of said County it Book 29 of 'daps
at Fags 23, and a portion of the Rancho San Ramon, described as follows:
Beginning at a point on the north line of the Parcel of land described in the Deed from Arnie
A. Humburg to Frederiohe H. Jackson, etai., dated March 20, 1925 and recorded June 17,
1937 sr. Book 437 of Official Records, at Page 352, said point distant North 691 08' 03" East
112.56 feet free°€the northwest corner of said parcel; thence South 20*46 29" East 114.97
feta thence North 69" 05' 63" East 71.67 feet to the Ta point of ginning; thence from
said True Point of Beginning South 690 6' 03"West 171.92 feat to a point on the northeast
line of Denville Boulevard, distant South 260 53' 51" East 915.61 feat from the northwest
corner of said Parcel deeded from €err mburg to Jackson, thence along said northeast line
of Danville Boulevard, distant South 260 53' 51`° East 915.69 feet from the northwest comer
of said Parcel deeded from Harr burg to Jacksons thence along said €ortheast line of
Danville Boulevard South 260 53' 51" East 273.95 feet to a point on the southwest line of
said Lot 2 of said alamo Orchards Tract, the beginning of a tangent curve concave
,northeasterly, having a radius of 20.06 feet, thence along said curve through a central angle
of 87* 47` 36", an aro distance of 34.64 feet to the Month line of Orchard Court of said
Alaimo Orchards Tract; thence tangent frorr said curve, along said North linea North 65* 19'
09" East 151.816 feet to a point distant forth 650 19' 09" East 5.97 feet from the most
easterly corner of Lest 2 of said Alamo Orchards Tract; thence North 260 53' 51" West
251,75 feet to the True Point of Beginning.
Also known as Lest 3 as shown on the Lot Line Adjustment for Oaktraa PIaza/Alamo Orchards pursuant
to Letter Dated 16®7®97, LL976615.
A.P,No.: 192-079-037 (Portion)
192-071-009 (Portion)
192-671410
192-071-011
First American Title
NOTICE I
Section 124919 of the California insurance Code,efftcttisve January 9, F990, requires that any title insurance comparsy, under '".en
t:t:e connpany; or Contro4led escrow Company handling funds 1n an escrow or sub-escrow capacity, we a specified nurn'ber of ways
after depositing funds, befom mcording ar:y documents in cennection wars the transaction or disbuming Bands. This statute allows
for hands deposited by wire transfer to to disbumed the ss m, day as deposit. In the case of cashier`s cilacks or cartifi chac&s,
funds may disbursed the next day after deposft. in order to avoid unnecessary delays of three to sever,days: or rrre, please
use Wim transfer, cashie es checks; or certified checks Whenever possible.
If you have any questions about the eft of this new law, please contact your€tel M."t Arnerican Office for more detain.
NOTICE 11
As of January 9, {99', if the transaction which is the subjjact of this rsport WRl be a safe, You,as a party to the transaction, may have
caftil tax reporting and w thho€ding obtations pursuant to the stag low referred to below:
In a rdan with Sections !SW2 and IN68 of the Revenue and Taxation Code, a buyer may be required to withhold ars amount
equal to tram and one-third percent of the saies price in tl?e case of the disposition of California raai property interast by dither:
1. A sal r who is an fndiav ual with a last known stmt address outside of Califoreia or whan the 6sbumement instructions authorize
the proceeds be sant to a financial intarrraediary of the seller, OR
2. A corporate seller which has no par neat place of business in Calftmia.
The buyer my become subod to pen afty for failure to withhoid ars arrsount equal to the fesser of 10 percent of the arnount required
to be withheld orlqve hundred dollars ($500).
However, notwithstanding any other provision 'included in the California statutes referenced above, no buyer will be required to
withhold any arr{ unt or be subject to penalty for failure to withhoid it
9. The sales price of the California real property conveyed does not exceed one hundred thousand dollars (100,0001, OR
2. The ssi€er ex Vies a Written certificate, gander the penalty of p Bury, cei4ying that the sailor is a maident of California, or It a
corporation, has a permanent place of business in California, OR
3. :`he sailer,who is an individual, executes a written oart.1ficate, under to penafty of perjure, that the ealifami;a ma property being
conveyed is the se€fer's prirscipal residence (as defined in Section 1034 of the Internal Revenue Godo).
The sa€ier is subled to penalty for knowingl ding a fraudulent cartilicafe for the purse of avoiding the withholding requiraqvit
Tie California .statutes referanced above include provisions which authortze the Franchise Tax Board to grant reduced withholding
and waivers from withholding on a case-ley-case basis.
The parties to this transaction should seek are attorney's, accountants, or anter talc spec€a`nt's opinion concerning the effect of this
I or!this transaction and should not act on any statersnents made or Omitted by the escrow or dosing ofticar.
THE SEUXR MAY REOUEST A WAIVER BY CONTACTING:
Franchise Tax ward
ithhhold StSourm Unit
P.O. Box 659
Sacramento, CA 9569251
(996?
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