HomeMy WebLinkAboutMINUTES - 11052002 - C6 /n
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: November 5, 2002
SUBJECT: AUTHORIZE the Public Works Directorto execute the Purchase and Sale Agreement and
ACCEPT the Grant Deed from Cheryl Ann Janzen in connection with the North Broadway
Area Infrastructure — Phase III Project, Bay Point area [CDD-CP# 97-36]
Project No. 0662-684141 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. APPROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed dated
October 17, 2002 from Cheryl Ann Janzen.
B. AUTHORIZE the Public Works Director to execute said Purchase and Sale Agreement on
behalf of the County.
C. APPROVE the payment of$46,000 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to Placer Title Company, 1981 North
Broadway, Suite 302, Walnut Creek, CA 94596, Escrow No. 615-5761 to be forwarded to
the Real Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in
the Office of the County Recorder.
Continued on Attachment: X SIGNATURE:
.&e��01
COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
,- PPROVE OTHER
SIGNATURE(Sy
(]-
ACTION OF BO ON NOVEMBER 05i 2002 APPROVED AS RECOMMENDED XX_OTHER
VOTE OF SU RVISORS
XX UNANIMOUS (ABSENT ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN:
minutes of the Board of Supervisors on the
DRA:eh date shown.
G:\GrpDsta\RealProp\2042-Files\BOs&RES\1o1702Janzen brd.doc
RIP)Works Orig. Div: Public Wo ( ATTESTED: NOVEMBERS a 2002
Contact: Dick R. rks(s(313-2227) JOHN SWEETEN, Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-Controller(via R/P)
P.W.Accounting By ,� 1 , Deputy
Redevelopment(via R/P)
Recorder(via R/P)
Board Orders Senior Clerk,Adm.
CAS e.--
Subject: North Broadway Area Infrastructure — Phase III Project, Bay Point area
Gate: November 5, 2002
Page: 2
11. Financial impact:
The activity is funded by Contra Costa County Redevelopment Agency (100%).
Ill. Reasons for Recommendations and Background:
These property rights are required for the North Broadway Area Infrastructure--Phase Ill Project,
Bay Point area in accordance with the approved plans and specifications.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
Recorded at the request of:
Contra Costa County }
Return to:
Contra Costa Countyb f
Pubic Works Department
Real-Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Dick R. Awenius
Assessor's Parcel No. 096-020-066
Title Co. Order No. 615-5761
GRANT DEED
For Value Received, CHERYL ANN JANZEN, hereby GRANTS to CONTRA COSTA
COUNTY, a political subdivision of the State of California, the real property in the
unincorporated area of the County of Contra Costa, State of California, described in Exhibit
"A," attached hereto and made a part hereof.
GRANTOR—CHERYL ANN JANZEN
Date rd /-7- d --L &J
aL
Cheryl An Janzen
ATTACH APPROPRIATE ACKNOWLEDGMENT
DRA:
\\PW51\SHARDATA1Grpdata\RealProp\02-04W.Broadway\DE1 ,Janzen
August 12,2002
Order No. 615-5761
EXHIBIT "An
LEGAL DESCRIPTION
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
CONTRA COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS:
PORTION OF LOT 7, BLOCK C, MAP OF POINSETTIA LAND COMPANY,WEST PPITSBURG
TRACT,UNIT NO. 1, FILED JUNE 8, 1926, MAP BOOK 19,PAGE 546,CONTRA COSTA
COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LANDS DESCRIBED IN THE DEED TO MARY
VAGLIENTE BANCHERO RECORDEDD NOVEMBER 26, 1947,IN BOOK 1154 OF OFFICIAL
RECORDS,PAGE 584; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 7,EASTERLY 144
FEET,MORE OR LESS, TO THE INTERSECTION WITII A LINE THAT IS PARALLEL WrM AND
25 FEET WESTERLY OF THE EAST LINE OF SAID LOT 7;THENCE ALONG SAID PARALLEL
LINE, SOUTH 4 DEGREES 45' WEST, 54 FEET, MORE OR LESS,TO THE NORTHEAST CORNER
OF THE LAND DESCRIBED IN THE AGREEMENT OF SALE IN FAVOR OF JOHN F. SPENCER, ET
UX, RECORDED MARCH 9, 1954, IN BOOK 1519 OF OFFICIAL RECORDS, PAGE 389;THENCE
ALONG THE NORTHERLY LINE OF SAID LAST MENTIONED LAND AND THE WESTERLY
PROLONGATION THEREOF,WESTERLY 143 FEET,MORE OR LESS,TO THE EASTERLY LINE OF
SAID LAND DESCRIBED IN THE DEED RECORDED IN BOOK 1154 OF OFFICIAL RECORDS,
PAGE 584; THENCE ALONG SAID EASTERLY LINE,NORTHERLY 54 FEET TO THE POINT OF
BEGINNING.
A.P.N. 496-424-466
_. CLTA Preliminary deport
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On October 17, 2002, Cheryl Ann Janzen, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument,
personally appeared before me, Dick R. Awenius, a Deputy Clerk of the Board of
Supervisors, Contra Costa County, and acknowledged to me that she executed the same
in her authorized capacity, and that by her signature on the within instrument, executed the
instrument.
In witness whereof, I have hereunto set my hand the day and year first above written.
Signaturew........z.o
Dick R. Awenius, �'� � '•..
Deputy Clerk `
GAGrpData\Rea1Prop\Dick\101702Janzen WitnessPorm.doc
8/29100
y e",
Parcel Number: 096-020-066 Grantor: Cheryl Ann Janzen
Project Name: North Broadway Revitalization--Phase III Address: 2812 Pt. Arena Court
Project Number: 0662-6R4141 Antioch, California 94809
PURCHASE AND SALE AGREEMENT BETWEEN
CONTRA COSTA COUNTY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between CONTRA COSTA COUNTY (hereinafter "County") and
CHERYL ANN JANZEN (hereinafter"Grantor").
RECITALS
Grantor is the owner of approximately .16 acres of real property located in Contra Costa County,
California and described on Exhibit "A" attached hereto and incorporated herein by reference. The real
property, including improvements thereon, if any, are collectively referred to herein as the"Property."
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby
agree as follows:
1. Effective date. It is understood that this Agreement is subject to approval by the County's
Governing Board, and shall be effective on the date .approved by said Governing Board
("Effective Date"). This Agreement will first be submitted to the grantor first for approval, and
thereafter to the County.
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantor agree to sell
and County agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be Forty-Six Thousand and No/100
Dollars ($46,000.00) ("Purchase Price"). All ad valorem real property taxes and any
penalties and costs thereon, and all installments of any bond or assessment that constitutes a
lien on the Property shall be cleared and paid by Grantor as of the date title shall vest in County
by the recordation of the deed herein pursuant to Sections 4986, 5082, and 5086 of the
Revenue and Taxation Code of the State of California, if unpaid as of the date title vests.
Both Grantor and County recognize the expense, time, effort, and risks to both parties in
determining the compensation for the property by eminent domain litigation. The compensation
set forth herein for the property is in compromise and settlement, in lieu of such litigation.
1
4. Conditions to County's Performance. The County's obligation to perform under this Agreement •
is subject to the following conditions:
4.1. Grantor's representations and warranties in this Agreement being correct as of the date of
this Agreement and as of the Close of Escrow.
4.2. Grantor's performance of all obligations under this Agreement.
4.3. The vesting of title to the Property in the County by grant deed in fee simple absolute, free
and clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded),
and taxes except Items 5. of the "Exceptions" as outlined in the Preliminary Report dated
October 4, 2001, issued by Placer Title Company.
4.4. Placer Title Company's being prepared to issue a CLTA title insurance policy in the full
amount of the purchase price, subject only to the Approved Exceptions ("Title Policy").
If County determines that any of these conditions have not been met, County shall have the right
to terminate this Agreement by delivering written notice to Grantor and, if applicable, the Escrow
agent.
5. Escrow. By this Agreement, County and Grantor establish an escrow ("Escrow") with Placer
Title Company, 1981 N. Broadway, #100, Walnut Creek, CA 94596, their Escrow No. 615-5761
("Title Company"). Grantor hereby authorizes County to prepare and file escrow instructions
with said Title Company, on behalf of Grantor, in accordance with this Agreement. This includes
authorization of the Title Company to withhold pro rata taxes, liens and assessments on the
Property conveyed.
5.1. Feas and Title Insurance. The County shall pay all escrow and recording fees incurred in
this transaction and, if title insurance is desired by the County, the premium charged
therefor.
5.2 Grantors' Deposit into arrow. On or before the Close of Escrow, Grantor will deliver into
Escrow with the Title Company the following documents.
A. A grant deed, in recordable form and properly executed on behbif of Grantor, in a
form approved by County ("Grant Deed") conveying to County the Property in fee
simple absolute, subject only to the Approved Exceptions.
B. Copies of any effective leases, rental agreements or any other agreements, if any,
which the County has agreed in writing are to remain in effect after County takes
title.
2
13. Entire Agreement. The parties have herein set forth the whole of their agreement. The perform-
ance of this agreement constitutes the entire consideration for said document and shall relieve the
County of all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement. Grantor have no other right or claim to
compensation arising out of or connected with the acquisition of the subject property by the
County, except as specifically set forth in this Agreement, including but not limited to all claims for
compensation for improvements pertaining to realty, all claims for compensation for fixtures,
equipment or machinery, attorneys'fees, costs or damages of every kind and nature by reason of
County's acquisition of the subject property, and agrees never to assert such a claim.
14. 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 had 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. The Recitals are and shall be enforceable as a
part of this Agreement.
15, 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. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not 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.
17. Severablilty. if any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable,the remainder of this Agreement shall not be affected.
6
G.
8. Hazardous Materials. It is understood that the property being acquired in this transaction may
contain hazardous waste requiring mitigation under State or Federal law to protect the public
health. The acquisition costs reflect the fair-market value of the property without the presence of
contamination. if site cleanup is required on the property, the County may elect to exercise its
right to pursue the responsible parties to recover clean-up costs from those who caused or
contributed to the hazardous waste contamination on, in, or under the property.
9. Survival. All of the terms, provisions, representations, warranties and covenants of the parties
under this Agreement shall survive the assignment, expiration, or termination of this Agreement
and shall not merge in the deed or other documents following the delivery and recordation of said
deed or other documents.
10. Right of Entry. From and after the Effective Date of this Agreement and at all times until this
Agreement is terminated or title vests in the County, County shall have the right at all reasonable
times to enter on the Property for the purposes of the County, including but not limited to
conducting soils tests, surveys, and studies. County will indemnify and hold Grantor harmless
against any damages or costs arising from County's or County's designated persons' entry onto
the Property, including but not limited to attorney's fees and costs.
11.. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding
upon the parties to this Agreement and their respective heirs, successors, and assigns.
12. Notices. All notices (including requests, demands, approvals or other communications) under
this Agreement shall be in writing. The place for delivery of all notices given under this Agreement
shall be as follows:
Grantor: Cheryl Ann Janzen
2812 Pt. Arena Court
Antioch, CA 94509
Telephone: (925)978-0245
(925)550-9810 cell
County: Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Dick R. Awenius
Telephone: (925) 313-2227
or to such other addresses as County and Grantor may respectively designate by written notice to
the other.
5
subject only to the Approved Exceptions. No leases, licenses, or other agreements
allowing any third party rights to use the Property are or will be in force unless prior
consent has been given by the County in writing. Commencing with the full execution of
this Agreement by both parties and until the Close of Escrow, Grantor shall not permit any
liens, encumbrances, or easements to be placed on the property other than the Approved
Exceptions, nor shall Grantor enter into any agreement that would affect the Property that
would be binding on the County after the Close of Escrow without the prior written consent
of the County.
6.2 Condition of ov _rtv. Grantor have disclosed to the County all information, records, and
studies maintained by Grantor in ,connection with the Property concerning hazardous
substances and that Grantor are not concealing any knowledge of the presence of
contamination or hazardous substances on, from, or under the Property. Any information
that (grantor has delivered to the County either directly or through Grantor's agents is
accurate and Grantor have disclosed all material facts with respect to the Property.
6.3 Other. Matters Affectinu Prop!. To the best of Grantor's knowledge, there are not
presently any actions, suits, or proceedings pending or, to the best of Grantor's
knowledge, threatened against or affecting the property or the interest of Grantor in the
Property or its use that would affect Grantor's ability to consummate the transaction
contemplated by this Agreement. Further, there are not any outstanding and unpaid
arbitration awards or judgments affecting title to any portion of the Property. To the best of
Grantor's knowledge there are not presently any pending or threatened condemnation,
eminent domain, or similar proceedings affecting the property. Grantor shall promptly
notify County of any of these matters arising in the future.
6.4 Gran_tom'Asan -v. That this Agreement and all other documents delivered prior to or at,the
Close of Escrow have 1) been authorized, executed, and delivered by Grantor, 2) are
binding obligations of the Grantor; and 3) are collectively sufficient to transfer all of
Grantor's rights to the property.
In addition to any other remedies that may be available to the County as the result of a breach of
any of the foregoing warranties or representations, Grantor agree to defend and hold the County
harmless and reimburse the County for any and all loss, cost, liability, expense, damage or other
injury, including without limitation, attorneys fees, incurred by reason of, or in any manner resulting
from, the breach of any of the warranties and representations contained in this Agreement, and all
third-party claims arising out of or related to any facts or circumstances with respect to the period
prior to the Close of Escrow.
7. County's Representations and Warranties. County warrants that, upon approval of this
Agreement by the County's governing body, this Agreement shall constitute a binding obligation of
the County.
4
C. Grantor's affidavit of nonforeign status as contemplated by Section 1445 of the
Internal Revenue Code of 1986, as amended [26 USCA §1445] ("FIRPTA
Affidavit"); and
D. Grantor's affidavit as contemplated by the Revenue and Taxation Code § 18662
("Withholding Affidavit").
5.3. posit of Purchase Price Into scroA by�. Prior to the Close of Escrow, County
will deposit the Purchase Price into escrow with the Title Company.
5.4. Close of Esrr.Qw. Escrow shall close upon the conveyance of the Property to the County
("Close of Escrow"). On the closing date, the Title Company shall close Escrow as
follows:
A. Record the Grant Deed, marked for return to the County care of Dick R. Awenius,
Senior Real Property Agent for the County (which shall be deemed delivery to the
County);
B. Issue the Title Policy, if requested to do so by the County;
C. Prorate taxes, assessments, rents and other charges as provided by this
Agreement;
D. Disburse to the Grantor the Purchase Price, less prorated amounts and charges to
be paid by or on behalf of Grantor;
E. Prepare and deliver to the County and to the Grantor one signed copy each of the
Title Company's closing statement showing all receipts and disbursements of the
Escrow.
If the Title Company is unable to simultaneously perform all of the instructions set forth above,the
Title Company shall notify the Grantor and the County, and shall retain all funds and documents
pending receipt of further instructions from the County.
6. Grantor's Representations and Warranties. Grantor makes the following representations and
warranties with the understanding that these representations and warranties are material and are
being relied upon by County. Grantor represent and warrant to the County that, as of the date of
this Agreement, and as of the Close of Escrow:
6.1. Marketable Title. Grantor is the owner of the Property and has marketable and insurable
fee simple title to the Property clear of restrictions, leases, liens and other encumbrances,
3
18. Governing Law and Venue. This Agreement shall be governed and construed in accordance
with California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa
County, California.
CONTRA COSTA COUNTY CGRAN O —CH RYL ANN JANZEN
RECOMMENDED FOR APPROVAL:
By
Cheryl nn Janzen
By
Real Property Agent
By t Datec --
rincipal Real Property Agent
APPROVEP:
Y
a
. Pub s Director
Date: I 1/0-dirz.-
(Da&of B6rd Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
DRA:
02-04\n.broadway1ag12_Janzen2
1130101
(FORM APPROVED BY COUNTY COUNSEL 6199)
7
Order No. 615-5761
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
CONTRA COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS:
PORTION OF LOT 7,BLOCK C, MAP OF POINSETTIA LAND COMPANY, WEST PITTSBURG
TRACT,UNIT NO. 1,FILED JUNE 8, 1926,MAP BOOK 19, PAGE 506, CONTRA COS'T'A
COUNTY RECORDS,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LANDS DESCRIBED IN THE DEED TO MARY
VAGLIENTE BANCHERO RECORDEDD NOVEMBER 26, 1947,IN BOOK 1150 OF OFFICIAL
RECORDS,PAGE 580; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 7,EASTERLY 144
FEET, MORE OR LESS, TO THE INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND
25 FEET WESTERLY OF THE EAST LINE OF SAID LOT 7; THENCE ALONG SAID PARALLEL
LINE, SOUTH 0 DEGREES 05' WEST,50 FEET,MORE OR LESS,TO THE NORTHEAST CORNER
OF THE LAND DESCRIBED IN THE AGREEMENT OF SALE IN FAVOR OF JOHN F. SPENCER,ET
UX, RECORDED MARCH 9, 1950, IN BOOK 1519 OF OFFICIAL RECORDS,PAGE 389;THENCE
ALONG THE NORTHERLY LINE OF SAID LAST MENTIONED LAND AND THE WESTERLY
PROLONGATION TIIEREOF,WESTERLY 143 FEET,MORE OR LESS,TO THE EASTERLY LINE OF
SAID LAND DESCRIBED IN THE DEED RECORDED IN BOOK 1150 OF OFFICIAL RECORDS,
PAGE 580;THENCE ALONG SAID EASTERLY LINE,NORTHERLY 50 FEET TO THE POINT OF
BEGINNING.
A.P.N. 096-020-066
. CLTA Preliminary Report