HomeMy WebLinkAboutMINUTES - 07222008 - C.115 S Ii
' TO: BOARD OF SUPERVISORS `�" � �\\�� '`
Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR o;:T.. Costa
DATE: July 22 R.- County
2008
o••:.:: r
SUBJECT: Option to Purchase Agreement for 20 Allen Street, Martinez area, (District II)
Project No. 5955-6X5024
SI'I CIl:IC RFQLJFS'I(S)OR RECOMMENDATION(S)x BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE an expenditure for a one-year Option to Purchase in the amount not to exceed$100,000,as recognized by Contra
Costa County(County)Board of Supervisors on April 22,2008 for 20 Allen Street,commencing no earlier than July 22,2008,
for use by the Health Services Department, under terms and conditions more particularly set forth in said Option to Purchase
Agreement.
AUTHORIZE the Chair, Board of Supervisors, to execute said Option on behalf of the County.
AUTHORIZE the Auditor-Controller to issue a check in the amount of$100,000.00 payable to Mosby Martinez, LLC;
Kliegman Martinez,LLC and Anthony A.&Laura A Cristiana,2433 Roundhill Drive,Alamo,CA 94507-0435 to be forwarded
to the Real Property Division of Public Works for delivery.
DIRECT the Real Property Division to have the above referenced Option Agreement recorded in the Office of the Contra Costa
County Recorder.
CONTINUED ON ATTACHMENT: ❑D SIGNATURE:
,--RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIG A'1'L'KE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPFRVISORS:' 1 HEREBY CERTIFY THAT THIS IS A TRUF AND CORRECT
` COPY OF AN ACTION TAKEN AND ENTFRED ON
X UNANIMOUS(ABSENT t ) MINUTES 01' ']'HE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: C.Pana-Sandoval(313-2012) �}—��� ` eD
CSPar \ J `�
G:\RealProp\Board Orders\2008\07=22-08 BO-20 Allen Strcet.doc
cc: Recorder(via WI') JOAN CULLEN,CLERK OF TI IE 130ARD OF
PW Finance SUPERVISORS
1.Bergeron,Mapping,
County Counsel
Health Services(S.Harris)
Auditor-Controller
BY: DEPUTY
SUWECT: Option to Purchase Agreement for 20 Allen Street,Martinez area, (District 11)
Project:No. 5955-6X5024
DATE: July 22, 2008
PAGE: 2
FISCAL IMPACT:
This activity is funded by Enterprise Fund 1, for a one-year non-refundable Option to Purchase.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
On April 22, 2008, the.Board of Supervisors approved a public/private budget balancing strategy for Health Services that
included exploring the feasibility of building a psychiatric facility and contracting with a Community Based Organization
(CBO) to operate within it a multi-level care program. The County has identified a property directly adjacent-to the existing
Contra Costa Regional Medical Center campus that is well suited for this project. The property is located at 20 Allen Street,
Martinez.
The 2.2 acre site currently includes the old 20 Allen Street building,which formerly housed Health Services Administration. It
is an unreinforced masonry structure in poor condition;which led Health Services to vacate the building several years ago. The
building would be demolished and a facility designed specifically for psychiatric programs would be constructed.
The new facility would include (a) a 16-bed psychiatric health facility (PHF) which would be for County residents being.
brought in involuntarily, (b) a 16-bed crisis residential program, which would.be for individuals who have converted to
voluntary status but who still need a 24/7 structured treatment program, and (c) a new Assessment and Recovery Center
(Center), which will provide services to both individuals being brought in involuntarily and individuals who voluntarily seek
mental health services. The Center will be set up to accommodate both levels of care by having separate entrances and egress,
and separate program space for each. These three new programs will provide for a continuum of the most acute psychiatric care
possible, and will allow an individual to transition from one level of care to the next as needed.
As the first step in detennining the financial feasibility of this concept,Health Services is proposing to acquire a purchase option
for this property. .This would be part of a three-phase approach that includes a) land acquisition, b) building design and
construction,and c)contracting with a CBO to operate the facility.The County will pay$100,000,from Enterprise Fund 1,for a
one-year non-refundable option. If the option is exercised,the cost of the option will be credited against the final purchase price.
of$2,250,000.
A one-year option period is necessary in order to review the project under CEQA, validate the preliminary construction and
operational cost estimates and to determine the impact on the Mental Health delivery system. The option will guarantee the
availability of the property once the feasibility of the proposed public/private partnership is verified. If and when the proposal is
determined to be financially and programmatically feasible,we will return to the Board with a recommendation to acquire the
property, construct the facility, and contract with a.CBO to operate it. .
CONSEQUENCES OF NEGATIVE ACTION:
"The tern of the option is one year. If the Option is not exercised,the$100,000 purchase price will not be refunded. If the Option is
exercised, the cost of the Option would be credited against the final negotiated purchase price.
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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: C. Pina-Sandoval
Parcel Number: 372-182-006 Grantors: Moshy Martinez, LLC;
Project Name: 20 Allen Street, Martinez Anthony A. & Laura A. Cristiani;
Project Number: 5955-6X5024 and Kliegman Martinez, LLC
Address: P.O. Box 435
Alamo, CA 94507-0435
OPTION AGREEMENT BETWEEN.
CONTRA COSTA COUNTY
AND THE GRANTORS NAMED HEREIN
This Option Agreement ("Agreement") is entered into by, and between Moshy Martinez, a
limited liability company as to an undivided 1/3 interest; Anthony A. Cristiani and Laura A. Cristiani,
husband and wife as community property with right of survivorship as to an undivided 1/3 interest; and
Kliegman Martinez, a limited liability company as to an undivided 1/3 interest hereinafter collectively
called "Grantors," and Contra Costa County, a political subdivision of the State of California,
hereinafter called "County."
1. Recitals.
a. Grantors are the owners of certain real property described in Exhibit "A" attached hereto
and made a. part hereof and further identified as 20 Allen Street,.Martinez, California,
A.P.N. 372-182-006, a parcel of approximately. 2.23 acres, The subject property is
improved with a 17,710 square foot, two story unreinforced brick building. . The building
contains approximately 11;580 square feet of office space and approximately 6,130 square
feet of five, one bedroom,; one bath apartment units, and two, two-story townhouse style
units, hereinafter referred to as the "Property.".
b. . County desires to acquire the exclusive right to purchase the Property in an "as is" physical
condition at an agreed price and under the specific terms and conditions below.
c: Grantors propose to sell the Property. If.County acquires the Property, Grantors intend to
use the proceeds under IRC Section 1031.
2. Effective Date. .
The Effective Date of this Option is July 22, 2008.
3. Grant of Option. r
Grantors grant to County 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
365 days after the Effective Date, unless the Option is exercised or the Option Term is
extended in writing by both parties before that date.
5. Consideration for Option.
As consideration for the Option granted under this Agreement, County agrees to pay Grantors
the sum of One Hundred Thousand Dollars and no/100 ($100,000) upon the terms and
conditions outlined herein, said amount to be credited to the Purchase Price of the Property
("Option Consideration"). All Option Consideration paid to or on behalf of Grantors. shall
belong to Grantors and be retained by Grantors, whetheror not the County ultimately
exercises its right to purchase the Property. The Option Consideration shall be paid within
thirty(30) days after this Agreement is approved by the County Board of Supervisors.
6. Terms and Purchase,Price.
a. Escrow. If the County exercises its Option, the sale will be consummated through an
escrow at Financial Title Company, 1.676 N. California Blvd., Suite 117, Walnut Creek,
CA 94596, Escrow No 43160462-520-DM3 ("Title Company") no later than forty-five
(45) days after the Exercise Date (as defined in Section 7 below), County and Grantors
will complete all conditions precedent;to close of escrow, including but not limited to the
following: (i) County will deposit the balance of the Purchase Price into escrow, and (ii)
Grantors will deposit into escrow 'a fully executed Grant Deed, fully executed
assignment(s) of leases or other instruments affecting the property that the County has
approved in.writing and deems necessary, and will be prepared to convey title free
and clear of all recorded liens, encumbrances and taxes, except those that the County
has agreed to accept in Subsection 6c. below.
No later than thirty (30) days after the Exercise Date, County and Grantors will file
escrow instructions with said Title Company in accordance with this Agreement. The
escrow instructions will authorize the„Title Company to: (i) withhold pro-rata taxes and
:.assessments on the Property to be' conveyed, as provided by this Agreement; (ii)
disburse.funds from the sum deposited by County, in accordance with an approved
closing statement, including the payment of costs, expenses and prorations for which
Grantors are responsible; (iii) issue a title policy if requested to do so by the County,
and the County will be solely responsible to pay the premium charged therefor; (iv)
record the Grant Deed marked for 'return to the County, care of the Real Property
Division of the Public Works Department; (v) prepare and deliver to the County and to
the Grantors one signed copy each of the Title Company's closing statement showing
all receipts and disbursements of the,escrow. Conditioned on the foregoing, escrow will
close no later than forty-five (45) days after the Exercise Date. Escrow will be deemed
to be closed and the Property will be, deemed to be conveyed on the date the deed to
the County.is recorded.("Closing Date"). Escrow fees will be paid solely by the County.
b. Purchase Price. The Purchase Price ("Purchase Price") for the Property during the
Option Term is the sum of Two Million Two Hundred Fifty.Thousand and no/100
($2,250,000.00). The Option Consideration paid by the County, shall be credited to the
Purchase Price of the Property.
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c. Title; Grant Deed. If the County exercises its Option, the Grantors shall convey title to
the Property in fee simple absolute to the County by Grant Deed. The Property shall
be free and clear of all recorded liens, encumbrances, and taxes, except:
(1) Those matters shown on the Preliminary Title Report from Financial Title
Company dated April 28, 2008as exceptions 3 and 4 on the title report
attached hereto as Exhibit B. '
(2) All ad valorem real property takes and any penalties and costs thereon shall be
cleared and paid by Grantors; 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.
(3) Covenants, conditions, restrictions and reservations of record, if any, which
have been approved in writing;by County.
(4) Easements or rights of way 'of record over said Property which have been
approved in writing by County.;
.(5) Leases and other rental agreements affecting the property which the County
has been informed of; approved in writing and which will be assigned by
Grantors to the County through escrow.
7. Exercise.
From and after the Effective Date the County may exercise.this Option by formal action of the
Board of Supervisors ("Board Order") authorizing the Exercise of the .Option. The date of
exercise will be the date the Board of Supervisors authorizes exercise of the Option ("Exercise
Date"). ; County staff will send a copy of the Board Order to Grantors in accordance with
Section'9 below. i
8. Representations and Warranties.
a. Marketable Title. Grantors warrant and represent that Grantors are the owners of the
Property and have marketable and insurable fee simple title to the Property clear of
restrictions,.leases, liens and other encumbrances except as permitted in Section 6 above.
If this Option is exercised by the County,.Grantors will convey title to the Property by grant
deed. During the Option Term and until the Property is conveyed to the County, if this
Option is exercised,.Grantors will not lease or encumber the Property in any way nor grant
any;property or contract right relating to;the Property without the prior written consent of
the County, nor shall Grantors affirmatively take any action constituting waste of the
Property.
b. Condition of Property. Grantors warrant and represent that to the best of Grantors'
knowledge during the period of Grantors' ownership of the Property there have been no
disposals, releases or threatened releases of hazardous substances or hazardous waste
on, from or under the Property. Grantors further warrant and represent that Grantors have
no knowledge of any disposal, release or threatened release of hazardous substances or
hazardous waste on, from or under the' Property which may have occurred prior to
Grantors taking title to the Property. The acquisition price of the Property reflects the fair-
market value of the Property without :the. presence of contamination. Furthermore,
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Grantors have no knowledge or information pertaining to whether or not the Property is
located within a. flood hazard zone or whether there are any other considerations which
could affect.development of the Property]
c. Other Matters Affecting Property. To. the best of Grantors' knowledge, there are not
presently any actions, suits, or proceedings pending or threatened against or affecting the
Property or the interest of Grantors in the Property or its use that would affect Grantors'
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 Grantors' knowledge there are not presently any
pending or threatened condemnation, eminent domain or similar proceedings affecting the
Property. Grantors shall promptly notify ithe County.of any of these matters arising in the
future. r
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d. Breach of Warranties. 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,
Grantors agree to hold the County harmless and reimburse the County for any and all of its
losses and expenses occasioned by reason of such breach. All representations and
warranties contained herein shall be true on and as of the Closing Date with the same
force as though made on and as of the Closing Date.
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9. Notices. j
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All notices (including requests, demands,-approvals or other communications) under this
Agreement shall be in writing.
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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 the date signed for by the recipient.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after the deposit,
with that courier.
(4) When personally delivered to Ithe. 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:
Grantors: Moshy Martinez, LLC; Kliegman Martinez, LLC;
and Anthony A. and Laura A. Cristiani
2433 Roundhill Drive '..
Alamo, CA 94507-0435
Telephone: 925-209-9917
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With a copy to:
David Frey
Foley,-McIntosh, Frey & Clayton
3675 Mt. Diablo Blvd. Suite 250
Lafayette, CA 94549
Telephone: 925-284-3020
County and County Staff:
Stephen G. Harris, Ph.D.
Director, Planning and iEvaluation
Contra.Costa Health Services
50 Douglas Dr., Ste 310
Martinez, CA.94553 j
Telephone: 925-957-5416
With a copy to:.
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Real Property Division;
Public Works Department
255 Glacier Drive .
Martinez, CA 94553
Attn: Carmen Pina-Sandoval
or to such other addresses as County and Grantors may respectively designate by written notice to
the other.
10. Development of Property.
a. Governmental Approvals. Grantors agree to join County in executing any
applications for governmental approvals reasonably required by the County in
connection with the County's development of the Property as Option holder, but with no
obligation by Grantors beyond that of executing' applications or other documents
prepared by the County in connection with the development of the Property.
b. Subdivision Compliance. Nothing in this Section shall be. construed to.require the
County to subdivide the.Property or obtain a parcel map.
c. Right of Entry.. During the Option Term, County, 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, soils and
environmental tests and other tests, surveys, studies, and investigations of the
Property as County determines necessary or desirable. County will be solely
responsible. for all costs incurred in 'connection with County's investigation of the
Property. County will defend, indemnify and hold the Grantors harmless from any
claim, loss or liability caused by the 'negligence of County, its contractors, agents and
employees while on the.Property.
d. Documents and Disclosures.
1. Within thirty (30) days after the 'effective date of this agreement Grantors shall.
provide the County staff with copies.of all leases or other agreements affecting the
Property, as well as any. surveys, plans, engineering documents, and
environmental studies or reports prepared with respect to the Property. If
occupancy of any space is by verbal agreement, Grantors shall provide to County
staff a. written statement as to the verbal agreement. Design or building plans
relating to the Grantors' development of the property that are unrelated to the
County's intended use and which 'do not affect the County's intended development
of the Property are excluded from ,'submission and disclosure under this provision.
2. County staff will provide Grantors' with written notice of receipt of documents and
disclosures, and within forty-five (45) days following receipt, will provide Grantors
with written notice of satisfaction;and compliance with this provision, or with any
objections to such documents or disclosures.
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e. Negation of Agency or Partnership. Grantors' agreement to cooperate with the
County in connection with the County's development of the Property and any other
provision of this Agreement shall not;be construed as making either party an agent or
partner of the other party.
11. Successors and Third-Party Rights.
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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.
12. 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.
13. 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. ,
6.
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14. 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.
15. 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.
1& Time of Essence.
Time is of the essence of each and all of the terms and provisions of this Option to Purchase.
17. Attorneys Fees:
In the event of any legal or equitable proceeding for enforcement of any.of the terms or
conditions of this Agreement, the prevailing party in such action shall be entitled to recover its
reasonable costs and expenses, including without limitation reasonable attorneys fees and
costs of defense paid or incurred in good faith.
18. Counterparts.
This Agreement may be executed in one or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument.
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REMAINDER OF PAGE
LEFT INTENTIONALLY
BLANK
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19. 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.
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CONTRA COSTA COUNT GRAN
By _ �- By
hair, Board of Supervisors Ml y. artin . I' d is Ilit Company
Attest: John Cullen, County By
Administrator and Clerk of the Board Klieg'm n Martin iced liability Company
of SupervisorsBy
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Deputy Anthony A. Cristiani
RECOMMENDED FOR APPROVAL: By , IX,
,Y Laura A. Cristiani
By
rByaren A. Laws Date: 2 o
n cipal- al Property Agent (Date Si ned Ky Grantors)
`.Z
Godley
Chief Operating Office and
Chief Financial Officer
APPROVED AS TO FORM
by County Counsel
By
Sharon L. Anderson
Chief Assistant County Counsel .
Date:
(Date of Board approval)
ATTACH APPROPRIATE ACKNOWLEDGMENT(S)
NO OTHER OBLIGATION OTHER THAN THOSEISET FORTH HEREIN WILL BE RECOGNIZED .
Exhibit A- Legal Description .
Exhibit B— Exceptions Shown on April 28, 2008 Preliminary Title Report
GARea1Prop\Carmen\2008 Correspondence\29AIIenOpt07-11-08(ver24doc
July 17,2008
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STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On /���� c� , before me,, ���P� i� ��✓ �� i Deputy
Clerk of the Board of Supervisors, Contra Costa County, personally appeared x W orad
who proved to mel on the basis of satisfactory evidenc to be
t. e perso whose name(9&are subscribed to the within instrument and ack owledged
to me th /she/they executed the same i h'; /her/their authorized capacitys), and that
b i /her/their signature(91 on the instrument!the person, or the entity upon behalf of
which the personX acted, executed the instrument. .
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I certify under PENALTY OF PERJURY under; the laws of the State of California that the
foregoing'paragraph is true and correct.
!
WITNESS my hand and official seal.
Signatur �tti' � Seal)
Deputy Clerk .
\� COV•
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G:\GrpData\RealProp\FORMS\AK.01 -Deputy Clerk of the Board Acknowledgment(used as an attachment).doc
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STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On f 7,,moi � before me n•�t�OViZ Deputy
Clerk of the Board of Supervisors, Contra Costa County, personally appeared �2
1�//e<n ay , who proved to me on the basis of satisfactory evidence to be
the p re song whose.name( are subscribed to.the within instrument and acknowledged
tome thato/she/they executed the same in hi; /her/their authorized capacity(c), and that
b hi /her/their signature(s) on the instrument!the person(, or the entity upon behalf of
which the persono acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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Signature ?,7rL eal)
Deputy Clerk
G:\GrpData\RealProp\FORMS\AK.01 -Deputy Clerk of the Board Acknowledgment(used as an attachment).doc
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STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On before mels Deputy
Clerk of the Board of Supervisors, Contra Costa County, personally appeared eMh
Ael'o'i, Ni , who proved to me on the basis of satisfactory evidence to be
the person(o whose namekoi /are subscribed to the within'instrument and acknowledged
tom thath�e she/they executed the same in ier/their authorized capacityts), and that
by cher/their signature(,sl on the instruments the person(s'f, or the entity upon behalf of
which the person(, acted,.executed the instrument. .
I certify under PENALTY OF PERJURY under the laws of the State of California that the .
foregoing paragraph is true and correct.
I.
WITNESS my hand and official seal.
I •`1F:�Ems;L _p�,
% .i.;-:fZ Fes= '_- .,•
Signatur v�.� G ' , (Seal) •:t � j � - --=-_'•'
Deputy Clerk
.. nG?A COiJN�'G
is
G:1GrpData\RealP.rop\FORMS\AK.01 -Deputy Clerk of the Board Acknowledgment(used as an attachment).doc
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STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
/y
On 7 Ilklo 6 , before me!( .olf,07 'w_ q l" t'ro 4-f Deputy
Clerk of t e Board of Supervisors, Contra Costa County, personally appeared I (t.
w o proved to me on the basis of satisfactory evidence to be
the person w ose name( I ` are subscribed to the within instrument and acknowledged
to me that sh /they exe uted the same in hi /their authorized capacityics), and that
by his/heir signature() on the instrument the person(,), or the entity upon behalf of
which.the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS m hand and official seal.
Signatur Lw�sleal)
Deputy Clerk I: ! - !o
G:\GrpData\RealProp\FORMS\AK.01 -Deputy Clerk of the Board Acknowledgment(used as an attachment).doc
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Exhibit "A"
LEGAL DESCRIPTION
The land referred to in this Report is described as jollows:
All that certain real property situated in the City of Martinez, County of Contra Costa, State of California,
described as follows:
PARCEL ONE:
Portion of the Rancho El Pinole, described as follows: :
Beginning at a point of intersection of the Westerly line of Ilene Street with the Southerly line of Path No. 1 as
designated on the Map entitled, "Sunnyside Terrace Extension", f led for record March 20, 1916, in Book 14 of
Maps, Page 300; thence along said Westerly line of llene:Street, South 38° 26' East, 92.31 feet to the point of
beginning of the hereinafter described tract of land; thence continuing along said'Westerly line of Ilene Street,
South 38° 26' East, 235.57 feet to a point; thence on a curve to the right with a radius of 50 feet and tangent to
the last mentioned course, 32.86 feet to a point on the Westerly line of Allen Street, and from which point the
center of a reverse curve to the left with a radius of 310 feet bears North 89° 13' 30" East; thence along said
curve in a Southerly direction, 73.89 feet; thence leaving.`said Westerly line of Allen Street, South 51° 39' West,
290.19 feet, thence North 17° 00' West, 349.77 feet; thence North 51°.34'East, 209.02 feet to the point of
beginning.
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PARCEL TWO:
Portion of Lot 9, in Block 28 and a portion of Ilene Street, as shown on the Map entitled, "Sunnyside Terrace
Extension", Filed for record March 20, 1916, in Book 14 of Maps, Page 300, described as follows:
BEGINNING at a point on the Northeasterly line of said Ilene Street and in the Southwesterly lime of said.Lot 9,
distant South 38° 26'East, 100.47 feet from the most Souiherly corner of Lot 6 of said Block 28; thence from
said point of beginning, along the arc of a curve to the left, having a radius of 146.1.7 feet, the center of which
bears North 08° 08: 48" East; Southeasterly, 34.79 feet to la point from which the center of a curve to the right
bears South 056 29' 32" East, 20.00 feet; thence along the arc of said curve.Southerly, 39.85 feet to a point from
which the center-of a curve to the left, having a radius of 310.00 feet bears South 71° 19' 12" East; thence
Southerly along the afc of said curve, 97. 06 feet to a point from which the center of a curve to the left bears
South 89° 15' 40" West, 50.00 feet; thence Northerly along the arc of said curve, Northerly 32.89 feet; thence
North 381 26' West, 196.06 feet to a point from which the.center of a curve to the left bears North 51° 34'East,
146.17 feet; thence Southeasterly along the arc of said curve, 120.77 feet to the point of beginning.
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Legal description— continued:
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PARCEL THREE:
Portion of the Rancho el Pinole, described as follows:
BEGINNING at the Southwest corner of the parcel of land described in the Deed to Martinez Hospital
Association, recorded November 15, 1929, in Book 235,"Page l., Official Records; thence along the South line
of said parcel, North 51° 39' East, 290.19 feet to the West line of Allen Street; thence along'said line, Southerly
.along the.arc of a curve to the left with a radius of 120 feet, an arc distance of 38.03 feet to the South line of the
parcel of land described in the Deed to C. H.. Hayden, et al., recorded M.ay 5, 1931, in Book 235, Page 455.,
Official Records; thence along said South line, South 51 30' West to a point that bears South 1.7° East from the
point of beginning; thence North 1.7° West to the point of beginning:
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APN: 372-182-006.
AIR13: None
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EXHIBIT. "B
At the date bereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy would be as follows:
EXCEPTIONS:
1. General and special taxes and assessments for the; fiscal year 2008-2009, a lien not yet duee or payable.
2. The.lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 cornmencing with Section 75 of
the California Revenue and Taxation Code.
3. An easement for utility and incidental purposes, 'recorded January 14, J 959, in Book 3299, Page'583 as
Document No. 2690 of Official Records.
In Favor of Jack L. Coglizer, et ux.,
Affects: Southeasterly 10 feet of Parcel.Tluee
4. An easement for communication facilities and incidental purposes, recorded August 2, 1983, in Book
l 1369, Page 733, as Document No. 83-102296 of Official Records.
In Favor of: Pacific Telephone and Telegraph Company, a California corporation
Affects: Parcel Two
5. A deed of trust to secure an original indebtedness of$1,040,000.00 recorded June 5, 2007, as Document
No. 2007-0163207 of Official Records.
Dated: May 21, 2007
Trustor: Anthony A. Cristiani and Laura A. Cristiani, husband and wife and Moshy Martinez, a California
limited liability company, and Kliegrrian Martinez, a California limited liability company
Trustee: Alliance Title
Beneficiary: Tamalpais Bank
A document entitled "Assignment of rents" recorded June 5, 2007, as Document No. 2007-0163208 of
Official Records, as additional security for the payment of the indebtedness secured by the deed of trust.