The URL can be used to link to this page

Home My WebLink AboutMINUTES - 07242007 - C.10B E TO: BOARD OF SUPERVISORS Contra„5—_l`—r, = k. Costa FROM: MAURICL M. S111U, PlJBi_TC WORKS DIItl CT OR .; `ytv +.•ram . HATE: July 24, 2007 7 '" � %�," Count SUBJECT: STATE ROUTE 41 SOMERSVILLE TO HIGHWAY 160. ANTIOCH AREA. Project No.: 4660 6X4168 Task: ACQ Acct:3540 SITCIPIC RI.OUI,.ST(S)OR RECO\IMENDATION(S)l 13ACKGROUND ANDJUS I'II (CATION Recommended Action: A. APPROVE, Right of Way Contract and ACCEPT the Grant Deed dated July 12, 2007 from Jay D. Greene and.Anna Marie Greene. B. AUTIIORfZE1 Public Works Director to execute said Right of Way Contract on behalf of the County. C. APPROVE payment of$366,700.00 Tor said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to First American "Title Company, 5829 Lone Tree Way, Suite 1-1, Antioch, CA 94509 Escrow No.0714-2748173 to be forwarded to the Real Property Division t:or 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: �v ECONIMENDATION OF COUN'T'Y ADNIINISTRATOR _RECOMMENDATION OF BOARD C011111urrEE LAPPROVE OTHER SIG NATI. r ACTION OF BO.ly 7 00- ON APPROVED AS RECOMMENDED OTHER N701I1OF SI.DERV ISORS I hereby certify that this is a true and correct VV UNANIMOUS(ABSENT DYie— ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. Z:`,GrpData`,.Reall'rop'•Carla`,.SI:t SomcrseilleBoard Orders'BO Greene/-12-07.doc ATTESTED: • �� Orig.. Div: Public Works(RiP) JOHN CULL N, Ark of the Board of Contact: Carla Peccianti (313-2222) Supervisors and County Administrator cc: County Adminisn-ator Auditor-Controller(via R,P) By Deputy P. W.Accounting Recorder(via R,'P) I. Bergeron,Computer Services Grantee Board Orders Senior Clerk,Adm. Subject: STATE ROUTE 4 / SOMERSVILLE TO HIGHWAY 160. ANTIOCH AREA. Date: July 24, 2007 Page: 2 Financial Impact: Payment of$366,700.00 is from Contra Costa Transit Authority (OCTA) Binds which are 100%) reimbursable fi•om OCTA. Reasons for Recommendations and Back!!round: These property rights arc required for the State Route 4 Somersville to Highway 160 project and more spccilically for the State Route 4 Interchange at Lone free Way and A Street which are in accordance with the approved plans and specifications. Consequences of 1\eLmtive 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 County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Carla Peccianti Assessor's Parcel No.068-132-024 First American Title Co. Escrow No. 0714-2748173 District County Route Parcel No. Plot No. Project No. 4 CC SR4 068-132-024 51 4660 -6X4168 GRANT DEED For Value Received, JAY D. GREENE AND ANNA MARIE GREENE, Husband and Wife as Joint Tenants GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Antioch, County of Contra Costa, State of California. FOR DESCRIPTION SEE EXHIBIT ""A" ATTACHED HERETO AND MADE A PART HEREOF. Dated this l day of , 2007 GRANTORS i ay D. Gree Anna -e Greene ATTACH APPROPRIATE ACKNOWLEDGMENT ZAGrpData\Rea1Prop\Car1a\SR4 Somersville0eeds0E.01 Greene.doc 07/10/2007 r EXHIBIT "Aly LEGAL DESCRIPTION Real property in the City of Antioch, County of Contra Costa, State of California, described as follows: LOT 12, BLOCK 3, AS SHOWN ON THE MAP OF "SUNSET GARDENS-UNIT NO. 2", FILED MARCH 27., 1951, IN BOOK 43 OF MAPS, PAGE 20, CONI RA COSTA COUNTY RECORDS. APN: 068-132-024-8 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On July 11, 2007, before me, Carla Peccianti, a Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared Jay D. Greene and Anna Marie Greene, personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the persons, or the entitiy upon behalf of which the persons acted, executed the instrument. In witness where , I have hereunto set my hand the day and year first above written. Signature Carla Peccianti =' Deputy Clerk f -- OSTq,COUIi- G� Z:\GrpData\RealProp\Carla\SR4 Somersville0eeds\AK.01 Greene.doc `RIGkT OF WAY CONTRACT -- STATE HIGHWAY RW 8-3(Rev.6/95) Page 1 of Martinez, California District County . Route Parcel No. Plot No. Project No. July 9, 2007 4 CC SR4 068-132-024 51 4660-6X4168 .Document No. 068-132-024 in the form of a Grant Deed; covering the property particularly described in the above instrument (Property) has been executed and delivered to Carla Peccianti, Senior Real Property Agent, for Contra Costa County (County). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance 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. 2. The County shall: A. Pay the undersigned Grantors the sum of Three Hundred Sixty-Six Thousand Seven Hundred Dollars and No/100,($366,700.00) (Purchase Price) for the Property or interest conveyed by above document when title to the Property vests in the County free and clear of all liens, .encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes, except: (a) Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the Close of Escrow. (b) Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document.' (c) Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any, (d) Other approved exceptions. B. Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this:escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the Close of Escrow. 3. Any or all moneys payable under this contract, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgages(s) or deed(s) of trust, if any, and all Z:\GrpData\RealProp\Carla\SR4 Somersville\RW Contracts\RW08-03 Right of Way Contract-State Highway 11 Bryan.doc 07/09/2007 RIGHT OF WAY CONTRACT --.STATE HIGHWAY RW 8-3(Rev.6/95) Page 2 of 4 other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s) shall, upon demand(s), be made payable to the mortgagee(s) or benefrciary(ies) entitled:thereunder. said mortgagee(s) or beneficiary(ies) to furnish Grantors with good and sufficient receipt showing said moneys credited against the indebtedness .secured by said mortgage(s) or deed(s) of trust. . 4. The Grantors shall retain possession of the Property conveyed up to and including the date of recording of the deed conveying title to:County upon compliance by the Grantors with the conditions of this contract. All rents.collected by Grantors applicable to any period thereafter shall be paid to the County. Either party hereto collecting rent to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provision of this clause. : 5. By this Agreement, County and Grantors establish an escrow (Escrovo) with First American Title Company (.Title Company), 5829 Lone Tree.Way, Suite. H, Antioch, California; 94531, their Escrow No. 0714-2748173 Grantors hereby authorize County to prepare escrow instructions and file escrow instructions with said Title,Company, on behalf of Grantors, in accordance with this Agreement. This includes authorization of the Title Company to withhold pro rata taxes, liens, and assessments on the Property conveyed. A. County shall pay.all escrow and recording fees incurred in this transaction and, if title insurance is desired by County,.the:,premium charged therefore. B. On or before the Close of Escrow,.Grantors will deliver to County or into Escrow with the Title Company the following documents: (a) The Grant Deed; in recordable form and properly executed on behalf of Grantors, conveying:to County, the Property in fee simple absolute, subject only to the Approved Exceptions 5 and 6 shown on the Title Company's preliminary title report No. 0714-2748173 dated March 26, 2007. (b) Agreement(s) or any other :Agreement(s), if.any, which County has agreed in writing, are to remain in effect after County takes title. C. Copies of any effective leases, rentalagreements, or any other agreements, if any, which the County has agreed in writing are to remain in effect after County takes title. D. Prior to the Close of Escrow, County will deposit the full Purchase Price into Escrow with the Title Company. 6. 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 Carla Peccianti, Senior Real Property Agent for the County'(which shall be deemed delivered to the County). B. -Issue the Title Policy, if requested to do so by the County. ZAGrpData\Rea1Prop\Car1a\SR4 Somersville\RW Contracts\RW08-03 Right of Way Contract-State Highway 11 Bryan.doc 07/09/2007 RIGHT OF WAY CONTRACT =- STATE HIGHWAY RW 8-3(Rev.6/95) Page 3 of 4_ C. Prorate taxes, assessments, rents and other charges.as provided by this Agreement. D. Disburse to the Grantors the Purchase Price, less prorated amounts and charges to be paid by or on behalf of Grantors. E. Prepare and deliver to the County and to the Grantors one signed copy 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 shallnotify the Grantors and the County and retain all funds and documents pending receipt of further instructions from the County. 7. Grantors warrant that there are no oral or written leases on all or any portion of the property exceeding a period of one month and the'.Grantors further,agree to hold the County harmless and reimburse the County for any and all,of its losses and expenses occasioned by reason of any lease of the property held by any tenant of Grantors for a period exceeding one month. 9. The Grantors hereby represent and warrant that during the period of Grantors' ownership of the Property, there have been no disposals, releases or,threatened releases of hazardous substances or hazardous wastes on, from; or under the Property. Grantors further represents and warrants that Grantors have no knowledge of any disposal, release, or threatened release of hazardous substances. or hazardous wastes, on, from, or. under the Property, which may have occurred prior to.Grantors taking title to the Property. The Purchase Price of the Property being.acquired in this transaction reflects the fair-market value of the Property without the presence of contamination. If the Property being acquired is found to be contaminated by the presence of Hazardous Waste which requires mitigation under Federal or State law, the County may elect to recover its clean-up costs from those who caused or contributed to the contamination. Remainder of Page Intentionally Left Blank ZAGrpData\Rea1Prop\Car1a\SR4 Somersville\RW Contracts\RW08-03 Right of Way Contract-State Highway 11 Bryan.doc 07/09/2007 RIGHT OF WAY CONTRACT-r STATE HIGHWAY RW 8-3(Rev.6/95) Page4 of 10. Grantors' rights to relocation benefits, if any, (as set forth in California Government Code Section 7260 et seq. and 42 United States Code section 4601 et seq.) have been explained fully and are understood by Grantors. Grantors agree that the payment of compensation set forth herein includes full compensation for any relocation payments to which Grantors may be entitled. Grantors warrant and represent that Grantors do 'not have, nor shall they claim, any further right to relocation benefits arising out of or.connected with the acquisition of the subject Property by the Countyx and Grantors knowingly waive any such right or claim. In Witness Whereof, the Parties have executed this agreement the day and .year first above written. GRANTEE GRANTOR(S) CONTRA COSTA COUNTY By /4 �-,4t. Maiu )ay D. Greene Public rks Director Date: lin By — (Date of oard(Appro i) Anna Marie Greene Recomm ded to the Board of Supervisors Date: k for appr I: ( ate sig6dd y &rantors) By arta Pec ian i : Senior a r erty Agent By Kare L s Principal Real Property Agent Z:\GrpData\RealPmp\Carla\SR4 Somersville\RW Contracts\RW08-03 Right of Way Contract-State Highway 11 Bryan.doc 07/09/2007