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HomeMy WebLinkAboutMINUTES - 09142004 - C7 C7 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: September 14, 2004 SUBJECT: ADOPT Resolution approving the sale of surplus real property to Contra Costa County Fire Protection District (CCCFPD). [CP#94-78] Bay Point area. District V. Project No. 4500-6X5200. SPECIFIC REQUEST(S)OR RECOMMENDAT#ON(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. ADOPT Resolution approving and authorizing the sale of surplus real property to Contra Costa County Fire Protection District (CCCFPD)for the relocation of Fire Station 84. B. AUTHORIZE the Public Works Director, or designee, to execute the Option Agreement with CCCFPD. C. DETERMINE the property to be no longer necessary for County purposes. D. APPROVE and AUTHORIZE the sale of said property to CCCFPD, pursuant to Streets & Highways Cone Section 960.4. E. AUTHORIZE the Chair, Board of Supervisors, to execute a Quitclaim Deed on behalf of the County. y Continued on Attachment: X SIGNATURE: ,- ECOMMENDATION OF COUNTY ADMI TOR ! RfCOMMENDATION OF BOARD COM 'TTEE APPROVE OTHER SIGNATURES}: ACTION OF B A DON APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE ) 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 date shown. G:\GrpDatalRea#Propt2004-F'r#estBOS&RES18fl CCCFPD Station$4.doc ATTESTED: SEPTEMBER 14, 2004 JOHN SWEETEN,Clerk of the Board of Orig.Div,Public Works(R1P) Supervisors and County Administrator Contact: Olivia D.Reynolds(313-2306) Cc: Auditor-Contro#ier(via RtP) By Deputy PW Accounting T - PW Environmental Recorder(via R/P) Contra Costa Water District Board Orders Clerk Specialist,Adm. Subject: ADOPT Resolution approving the sale of surplus real property to Contra Costa County Fire Protection District (CCCFPD). [CP#94-78] Date: September 14, 2004 Page: 2 11. Fknal1 ar The County will reimburse Contra Costa Transportation Authority with the purchase of the property and credit the Road Fund Account with the administrative and advertising cost associated with the sale the property. Ill. Raasnns for Rarnmmandatinns and Barky mind: Contra Costa County acquired certain real property by Final Order of Condemnation on March 25, 1993 Series No. 93-74913, by Grant Deed on January 22, 1991 Series No. 91-11367 and vacation of Willow Pass Road on May 24, 2000, Series No. 2000—0106918, in the unincorporated community of Bay Point, for highway purposes. Portions of said properties are surplus and no longer needed for County purposes. IV. Cnnsaquiannas of N _ciat va Action: The County would own and have liability and maintenance for property that is no longer needed for highway purposes in the Bay Point area. ...........................I.......................................................................................................................................................... . .............. THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 14, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEK4, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT- NONE ABSTAIN: NONE RESOLUTION NO. 2004/_46L (Streets& Highways Code§ 960) SUBJECT: ADOPT Resolution No.2004/ ZE2appro—ving the sale of Surplus Real Property to Contra Costa County Fire Protection District identified as Assessor's Parcel Number 097-150-012,(formerly known as portions of Assessor's Parcel Nos. 098-230-031, 098-230-046, 098-230-047, 097- 150-004 and vacated Willow Pass Road)located on the southwest comer of Willow Pass Road and Goble Drive on the north side of Highway 4, in connection with the Willow Pass Grade Project. [CP# 94-781 Project No. 4500-6X5200, Bay Point Area (District V) The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by Final Order of Condemnation on March 25, 1993 Series No. 93-74913, by Grant Deed on January 22, 1991 Series No. 91-11367 and vacation of Willow Pass Road on May 24, 2000, Series No.2000—0106918, as described in Exhibit"A" attached hereto, in the unincorporated community of Bay Point,for highway purposes.Portions of said properties are DETERMINED to be surplus and no longer necessary for County purposes. The parcel was purchased with Contra Costa Transportation Authority(CCTA)funds. This Board hereby APPROVES and AUTHORIZES the sale of said property to Contra Costa County Fire Protection Distri&(CCCFPD), pursuant to Streets & Highways Code Section 960 and the Public Works Director, or designee, is hereby AUTHORIZED to execute the Option Agreement between Contra Costa County and the CCCFPD, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute the Quitclaim Deed on behalf of the County in consideration for the payment received in full in the amount of $620,000,the estimated fair market value of the property, and the payment of$20,000 for administrative and advertising cost associated with the sale the property. The Real Property Division is DIRECTED to cause said Quit Claim Deed to be delivered to the grantee. CP:eh I hereby certify that this is a true and correct G:\GrpData\Rea]Pr,op12004-Files\BOS&RESt8R.22 CCCFPD.doc copy of an action taken and entered on the Orig.Dept.. Public Works(R/P) minutes of the Board of Supervisors on the Contact: Carla Pecclantl(313-2222 date shown. Recording to be completed by Public Works cc: Public Works Accounting(via R/P) ATTESTED: STHNBM 14, 204 Grantee(via R/P) JOHN SWEETEN,Clerk of the Board of Recorder(via R/P) Supervisors and County Administrator By_ 4V Deputy RESOLUTION NO. 20041 462 t. Willow Pass Road at Goble Drive Bale of Excess Land PARCEL 1 - Contra Costa County DWG. M416-96 EXHIBIT"A" PARCEL 1: (FeeTitle) Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the Northwest 1/4 of Section 15, Township 2 North, Range 1 West, Mount Diablo Meridian, described as follows: Beginning at the most southerly corner of PARCEL. 1 (50859-1) as described in the "Final Carder of Condemnation,"No. C92-01465, filed March 25, 1993 in Book 18381 of Official Records at page 690, records of said County; thence, from the Point of Beginning, along the southwest line of said PARCEL 1 (50859-1) (18381 OR 690), north 58°40'51"west 22.96 feet; thence, leaving last said line, north 16006'10" west 120.56 feet; thence north 10411'57 west 212.86 feet; thence north 16008'06" west 235.92feet to a point which bears south 25013'25" east 62.00 feet from Station "WP"24+96.09, as said"WP"line is shown on the"Project Plans for Construction on State Highway in Contra Costa County, near Concord and Pittsburg, from Willow Pass Road Undercrossing to Bailey Road Undercrossing," Contract No. 04-120294 on file with the State of California, Department of Transportation, said point from which a radial line of a non tangent curve concave to the southeast, having a radius of 1068.00 feet, bears south 25°13'25"east; thence, northeasterly along the arc of said curve, through a central angle of 7048'13", a distance of 145.46 feet; thence north 72°34'48"east 239.95 feet; thence, northeasterly along the arc of a tangent curve, concave to the northwest having a radius of 862.00 feet, through a central angle of 31027'41", a distance of 52.08 feet to a point of reverse curvature; thence, northeasterly, southeasterly, and southwesterly along the are of said reverse curve, concave to the southwest, having a radius of 27.00 feet, through a central angle of 124442'33", a distance of 58.77 feet; thence south 131,48`40"gest 18.016 feet; thence south 28029'43" west 31.47 feet; thence south 39444'42" west 165.77 feet; thence south 4901215 east 49.72 feet;thence south 39°29'11"west 260.98 feet to a point from which a radial line of a non-tangent curve, concave to the northwest, having a radius of 1289.93 feet, bears north 3801015" west; thence, southwesterly along the arc of said curve, through a central angle of 002332", a distance of 8.83 feet to the most northerly corner of said PARCEL 1 (50859-1) (18381 OR 690); thence non tangent to said curve, along the southeast line of said PARCEL 1 (50859-1), south 7004'00"west 264.00 feet to the Point of Beginning. Containing an area of 2.91 acres of land, more or less. RELINQUISHMENT OF ABUTTER'S RIGHTS: The Grantor hereby releases and relinquishes any and all abutter's rights of access along the following described line: Beginning at the said most southerly corner of PARCEL 1 (50859-1) (18381 OR 690); thence from said point, north 5640'51'"west 22.96 feet; thence north 1606'10" west 120.56 feet; thence north 1 ...................................... 10*11'57"west 212.86 feet; thence north 16008'06"west 235.92 feet to the terminous, of said line. Bearings are based on the California Coordinate System Zone III (CCS83). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Survevors Act. Signature: Licens;d'Land Surveyor Contra Costa County Public Works Exp. Date: ;%9 OF CAUL JH:sd G:1GrpData\Clerical\EXHIBITS\19991Excess Property Mlow Pass Rd @ Goble Drive.doc 2 __. __...._. ......... ......... ......... ......... ......... ......._. ..._.. ............ ....... ......_...__......._.............._.. ......_.. ......... ................... ........ ........... NQ w° o w oil , o LLJ e , agg fi a «i d i d z rz z [�iy twa 06 C14 'I— z o L i © g V /w ,K m � a ...............................................- .............................................. Recorded at the request of: Contra Costa County After recording return to: Contra Costa County Fire Protection District 2010 Geary Road Pleasant Hill, CA 94523-4694 Assessor's Parcel No. 097-150-012 Title Co. Order No. 615-8331 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,a County fire protection district organized pursuant to Health&Safety Code § 13800, et seq. the following described real property in Bay Point, an unincorporated area of the County of Contra Costa, State of California. FOR DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. The foregoing grant is made subject to the following condition: IF Contra Costa County Fire Protection District sells a portion of or the entire above described property within three(3)years of the recordation of this Quit Claim Deed for more than the original purchase price of$620,000.00,the difference in value shall be split equally less any sales/acquisition costs, between Contra Costa Transportation Authority and Contra Costa County Fire Protection District. CONTRA COSTA COUNTY Date: SEPTEMBER 14, 2004 B /Chair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA Sept. 14, 2004 Hmel& L. A-larp On before me, Deputy Clerk of the Board of Supervisors, Contra Costa County,personally appeared_Sup. Federal Glover , who is personally known to me(or proved to me on the basis of satisfactory evidence) o be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(jes), and that by histher/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument By: — Av� -"Deputy Clerk -' G:kGrpData\RealProp\2004-FilesN04-8Oult Claim CCCFPD.doc 8/30104 t Willow Pass Road at Goble Drive Sale of Excess Land PARCEL 1 - Contra Costa County DWG. M416-96 EXHIBIT "A" PARCEL 1: (Fee Title) Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the Northwest 1t4 of Section 15, Township 2 North, Range 1 West, Mount Diablo Meridian, described as follows: Beginning at the most southerly corner of PARCEL 1 (50859-1) as described in the "Final Order of Condemnation," No. C92-01465, filed March 25, 1993 in Book 18381 of Official Records at page 690, records of said County; thence, from the Point of Beginning,along the southwest line of said PARCEL 1 (50859-1) (18381 OR 690), north 58°40'51"west 22.96 feet; thence, leaving last said line, north 16106'10" west 120.56 feet, thence north 10011'57" west 212.86 feet; thence north 16008'06" west 235.92 feet to a point which bears south 25013'25" east-62.00 feet from Station "WP"24+96.09, as said"WP" line is shown on the "Project Plans for Construction on State Highway in Contra Costa County, near Concord and Pittsburg, from Willow Pass Road Undercrossing to Bailey Road Undercrossing," Contract No. 04-120294 on file with the State of California, Department of Transportation, said point from which a radial line of a non-tangent curve concave to the southeast, having a radius of 1068.00 feet, bears south 25113'25"east; thence, northeasterly along the are of said curve, through a central angle of 7048'13", a distance of 145.46 feet; thence north 72034'48"east 239.95 feet; thence, northeasterly along the arc of a tangent curve, concave to the northwest having a radius of 862.00 feet, through a central angle of 3027'41", a distance of 52.08 feet to a point of reverse curvature;thence, northeasterly, southeasterly, and southwesterly along the arc of said reverse curve, concave to the southwest, having a radius of 27.00 feet, through a central angle of 124142'33", a distance of 58.77 feet; thence south 131,48`40"west 18.06 feet, thence south 28°2943"west 31.47 feet; thence south 39°44'42" west 165.77 feet; thence south 49°12'15" east 49.72 feet; thence south 39°29'11"west 260.98 feet to a point from which a radial line of a non-tangent curve, concave to the northwest, having a radius of 1289.93 feet, bears north 38010'15" west; thence, southwesterly along the are of said curve, through a central angle of 0023'32", a distance of 8.83 feet to the most northerly corner of said PARCEL 1 (50859-1) (18381 OR 690); thence non-tangent to said curve, along the southeast line of said PARCEL 1 (50859-1), south 7004'00" west 264.00 feet to the Point of Beginning. Containing an area of 2.91 acres of land, more or less. RELINQUISHMENT OF ABUTTER'S RIGHTS: The Grantor hereby releases and relinquishes any and all abutter's rights of access along the following described line: Beginning at the said most southerly corner of PARCEL 1 (50859-1) (18381 OR 690); thence from said point, north 58°40'51"west 22.96 feet; thence north 16°06'10"west 120.56 feet; thence north 1 10°11'57"west 212.86 feet; thence north 16008'06"west 235.92 feet to the terminous of said Eine. Bearings are based on the California Coordinate System Zone 111 (CCS83). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surve ors Act. Signature: tANU Licensed Land Surveyor Contra Costa County Public Works Exp, JZ- f-ts Date: _ �/'� _ /c - `� tao. 149% 0f CAi1F����� JH:sd G:1GrpDatalClerical\EXHISITS\19991Excess Property Willow Pass Rd @ Goble Drive.doc 9128199 2 M OPTION AGREEMENT BETWEEN CONTRA COSTA COUNTY ANIS CONTRA COSTA.COUNTY FIRE PROTECTION DISTRICT (Not to be Recorded) I. Recitals. a. CONTRA COSTA COUNTY, a political subdivision of the State of California ("County"), is the owner of certain real property described in Exhibit"A"attached hereto and made a part hereof,hereinafter referred to as the"Property." b. County proposes to sell the Property. c. CONTRA COSTA COUNTY FIRE PROTECTION'DISTRICT,a County fire protection district organized pursuant to Health&Safety Code§ 13800,et seq.(CCCFPD")desires to acquire the exclusive right to purchase the Property at an agreed price and under the specific terms and conditions below. 2. Terms and Purchase Price. a. Escrow. By this Agreement, CCCFPD hereby authorizes County to establish an escrow ("Escrow") with Placer Title Company, 1981 No. Broadway, Suite 100, Walnut Creek, CA 94596, their Escrow No. 615-833 1("Title Company"). CCCFPD hereby authorizes County to prepare and file escrow instructions with said Title Company, on behalf of CCCFPD, in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shall be deemed to be conveyed on the date the deed to CCCFPD 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 CCCFPD. If title insurance is desired by CCCFPD, CCCFPD will be solely responsible to pay the premium charged therefore. b. Purchase Price. The purchase price ("Purchase Price") for the Property during the Option Term is the sum of Six Hundred Twenty Thousand Dollars and 00/100 ($620,000.00). The Purchase Price shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to Contra Costa County. C. Administrative Costs. CCCFPD agrees to pay County the additional sum of Twenty Thousand Dollars and 00/100 ($20,000.00) for the administrative and advertising costs associated to sale the Property. These additional funds shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553,payable to Contra Costa County. d. Title; Quit Claim Deed. The right, title, and interest in the Property to be conveyed by County pursuant to this Agreement shall not exceed that vested in the County. If CCCFPD exercises its option, the Property shall be conveyed to CCCFPD 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. CCCFPD may not take possession of the Property until a deed from the Contra Costa County has been recorded. If CCCFPD exercises its Option,upon approval I CP:eh G.\GrpData\RealProp\2004-Files\04-8\CCCFPD Goble.doe 8/31/04 ...........................................................A........................... ..............I..''.................. ........................ by the Board of Supervisors,the County shall convey title to the Property to CCCFPD by Quit Claim Deed. It is understood that CCCFPD acquires no right, title, interest,or equity in or to said property until a grant deed to CCCFPD is recorded. 3. Condition of the Property. Neither County,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 County within which the Property is located. If CCCFPD exercises this Option, CCCFPD will accept the Property in an "as is" condition. County has not made and does not make any representation as to the physical condition of the Property. 4. Right of Entry. During the term of this Option and prior to the Closing Date,CCCFPD, 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 CCCFPD determines necessary or desirable. CCCFPD will defend, indemnify and hold County harmless from any claim,loss or liability in connection with any entry by CCCFPD, its contractors,agents and employees and CCCFPD will be solely responsible for all costs incurred in connection with these activities or CCCFPD's investigation of the Property. 5. Informalities; Cancellation of Sale. County 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 County, through no fault, action, or inaction of CCCFPD, all monies deposited shall be refunded without payment of interest. 6. 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. 2 CP:eh G:\GrpData\RealProp\2004-Files\04-8\CCCFPD Goble.doc 8/31/04 b. The place for delivery of all notices given under this Agreement shall be as follows: County: Real Property Division Public Works Department 255 Glacier Drive Martinez,CA 94553 Telephone: (925)313-2220 Facsimile: (925)646-0288 CCCFPD: Contra Costa County Fire Protection District 2010 Geary Road Pleasant Hill, CA 94523-4694 Telephone: (925)941-3300 Facsimile: (925)941-3309 or to such other addresses as CCCFPD and County may respectively designate by written notice to the other. 7. 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 ormodify 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. 8. 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. 9. 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. 10. 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. 3 CP:eh G:\GrpData\RealProp\2004-Files\04-8\CCCFPD Goble.doc 8/31/04 11. 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. 12. 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. 13. Amendment. This Agreement may not be amended or altered except by a written instrument executed by County and CCCFPD. 14. 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. CONTRA COSTA COUNTY CONgRA COSTA COUNTY FIRE RECOMUENDED FOR APPROVAL: PROTECTION DISTRICT By By Carla Pe ciantr, John Ross Senior Real Property Agent Assistant Chief Date By (�Ilal or"i Karen L ws Principal Real Property Agent APPROVED: y Maurice M. Shiu ublic Works Director Date: (Dat6 of Board Approval NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A-Legal Description 4 CP:eh G:\GrpData\RealProp\2004-Files\04-$\CCCFPD Goble.doc 8/31/04 .. .•..........iri4fmff.SvffAG4%N,+,};i+/.iCi?ir?r{r?r?rrr?rrfr? „xrx •.;?:x :.•n•. ••••: