HomeMy WebLinkAboutMINUTES - 08052008 - C.15 s L
' TO: BOARD OF SUPERVISORS Contra� J._-�_:��•�.�,
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR o _,.;, _ : Costa
DATE: August 5, 2008 County
�� couri`s t
SUBJECT: Purchase and Sale Agreement and Grant Deed from Shapell Industries, Inc., Danville area. (District III)
Project No. 0928-WHOI 1B [CP#07-107] Task: SAS Account: 4011
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
DETERMINE that the purchase of this property will not have a significant effect on the environment,and that it has
been determined to be exempt from the California Environmental Quality Act (CEQA) under State CEQA
guidelines pursuant to Article 5, Section 15061 (b)(3), and
DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk, and
DIRECT the Public Works Director,designee,to arrange for payment of a$25.00 fee to Community Development
for processing, and a $50.00 fee to the County Clerk for filing the Notice of Exemption, and
APPROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed dated July 15, 2008 from Shapell
Industries, Inc.
CONTINUED ON ATTACHMENT: El SIGNATURE: bjyt
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON ' PROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
,/� COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Michele Trecek(313-2010)
MT:sr `
G:\RealProp\Board Orders\2008\08-05-08 BO-Highland Peak.doc v
Cc: Recorder(via R/P) JOHN CULL ,CLERK OF THE BO RD OF
Auditor(via R/P) SUPERVISOVS
PW Accounting
I.Bergeron,Mapping
K.Birden,Environmental
D.Awenius,General Services(via R/P)
BY: Ag01
��� .DEPUTY
T
'. SUBJECT: Purchase and Sale Agreement and Grant Deed from Shapell Industries,Inc.,Danville area. (District
I11) Project No. 0928-WHOI IB [CP#07-107]
DATE: August 5, 2008
PAGE: 2
RECOMMENDED ACTION: (continued)
AUTHORIZE the Public Works Director, or designee, to execute said Purchase and Sale Agreement on behalf of
Contra Costa County, and
APPROVE payment of$3,500.00 for said property rights and AUTHORIZE the Auditor-Controller to issue a check
in said amount payable to Placer Title Company,Special Projects, 1981 North Broadway, Suite 100,Walnut Creek,
CA 94596, Escrow No. 615-10530 to be forwarded to the Real Property Division for delivery, and
DIRECT the Real Property Division to have the above referenced Grant Deed delivered to Placer Title Company for
recording in the Office of the County Recorder.
FISCAL IMPACT:
Payment of$3,500.00 is from Contra Costa County, General Services Department, Microwave Site Acquisitions
funds.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Contra Costa County Department of Information Technology (DOIT) currently leases a parcel of land in the
Morgan Territory area of the County, east of Danville, and developed it as the Highland Peak Communication Site
for existing public service/emergency communication facilities. DOIT has determined that additional land is
necessary to expand its communication facilities. The land acquired by this Board action, 14,050 square feet of
vacant land from a 174.40 acre parcel (APN 006-090-007), will surround the County's existing leased site and
provide an area for future expansion.
The purchase of this property is exempt from CEQA under state CEQA guidelines pursuant to Article 5, Section
15061 (b)(3).
CONSEQUENCES OF NEGATIVE ACTION:
DOIT will not be able to complete the expansion of its current communication facilities.
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FILE NO.: 3101 CP NO.: 07-107
ACTIVITY NAME: Acquisition of Highland & Kregor Peak Sites
DATE: January 23, 2008
PREPARED BY: Kimani Birden
This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to
Article 5, Section 15061 (b) (3) of the CEQA Guidelines.
It can be seen with certainty that there is no possibility that the activity may have a significant adverse
effect on the environment.
DESCRIPTION OF THE ACTIVITY:
The activity consists of the Acquisition of two parcels: Kregor Peak (a portion of APN 075-
160-004) and Highland Peak (a portion of APN 006-090-007).
The approximate size of the Kregor Peak Site (fig 2& 3) is 1 .0 acre. The Kregor Peak Site
is currently leased by the County from a private trust. The County is interested in
purchasing the site.
The County currently leases a portion of the Highland Peak site. The leased portion of the
Highland Peak Site (APN 006-090-003) (fig. 4 & 5) is 0.08 acre in size. The County would
like to purchase approximately 14,050 square feet (0.32 ac)outside of the leased portion of
the Highland Peak Site. The 14,050 square feet will be purchased from a portion of the
adjacent property found on APN 006-090-007.
LOCATION:
Kregor Peak (APN 075-160-004) is located approximately 2.0 miles south of Nortonville
Road. The Highland Peak Site (APN 006-090-007) is located approximately 2.25 miles
northwest of the intersection of Storybook Lane and Morgan Territory Road.
REVIEWED BY: DATE: Of Jy D
JLiUCh*avlanner III
APPROVED BY: �s�, `o, (�ti ,v _ DATE:
Community Development Representative
G:lEngSvc.IENVIROIRea/PropWighland&Kregor Peak Communication Sites ICEQA L4cquisition -Highland&
Kregor Communication sites.doc
(Page l of 1)
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 313-2190 Contact Person: Kimani Birden - Public Works Dept
Project Description, Common Name (if any) and Location: Acquisition of Highland (APN 006-090-003)& Kregor
Peak (APN 075-160-004) Sites, County File: CP#07-107
Project Description: The activity consists of the Acquisition of two parcels: Kregor Peak (a portion of APN
075-160-004) and Highland Peak (a portion of APN 006-090-007).
The approximate size of the Kregor Peak Site (fig 2& 3) is 1.0 acre. The Kregor Peak Site is currently
leased by the County from a private trust. The County is interested in purchasing the site.
The County currently leases a portion of the Highland Peak site. The leased portion of the Highland Peak
Site (APN 006-090-003) (fig. 4 & 5) is 0.08 acre in size. The County would like to purchase approximately
14,050 square feet (0.32 ac)outside of the leased portion of the Highland Peak Site. The 14,050 square
feet will be purchased from a portion of the adjacent property found on APN 006-090-007.
Project location: Kregor Peak (APN 075-160-004) is located approximately 2.0 miles South of Nortonville
Road. The Highland Peak Site (APN 006-090-007)is located approximately 0.32 miles North West of the
intersection of Storybook Lane and Morgan Territory Road.
This project is exempt from CEQA as a:
❑ Ministerial Project (Sec. 15268) ❑ Categorical Exemption, Class
❑ Declared Emergency (Sec. 15269(a)) ❑ Other Statutory Exemption, Section
❑ Emergency Project(Sec. 15269(b)or(c)) ® General Rule of Applicability (Section 15061 (h) (3)J
for the following reason(s): (insert appropriate CEQA language).
Date: By: -
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by
California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the
filing date.
Si nature Title
Applicant: Department of Fish and Game Fees Due
Public Works Department ❑ EIR-$2,500 Total Due: s
255 Glacier Drive ❑ Neg. Dec.-$1,800 Total Paid $
Martinez, CA 94553 ❑ Delvinimis Findings - s0
Attn: (Planner) ® County Clerk - $50 Receipt#:
Environmental Section ® Community Development Dept. - $25
G:\EngSvc\ENVIRO\RealProp\Highland 8 Kregor Peak Communication Sites\CEQAWOE-form.doc Updated July 21,2006
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 313-2190 Contact Person: Kimani Birden - Public Works Dept
Project Description, Common Name (if any) and Location: Acquisition of Highland (APN 006-090-003) & Kregor
Peak (APN 075-160-004) Sites, County File: CP#07-107
Project Description: The activity consists of the Acquisition of two parcels: Kregor Peak (a portion of APN
075-160-004) and Highland Peak (a portion of APN 006-090-007).
The approximate size of the Kregor Peak Site (fig 2& 3) is 1.0 acre. The Kregor Peak Site is currently
leased by the County from a private trust. The County is interested in purchasing the site.
The County currently leases a portion of the Highland Peak site. The leased portion of the Highland Peak
Site (APN 006-090-003) (fig. 4 & 5) is 0.08 acre in size. The County would like to purchase approximately
14,050 square feet (0.32 ac) outside of the leased portion of the Highland Peak Site. The 14,050 square
feet will be purchased from a portion of the adjacent property found on APN 006-090-007.
Project location: Kregor Peak (APN 075-160-004) is located approximately 2.0 miles South of Nortonville
Road. The Highland Peak Site (APN 006-090-007)is located approximately 0.32 miles North West of the
intersection of Storybook Lane and Morgan Territory Road.
This project is exempt from CEQA as a:
❑ Ministerial Project (Sec. 15268) ❑ Categorical Exemption, Class
❑ Declared Emergency (Sec. 15269(a)) ❑ Other Statutory Exemption, Section
❑ Emergency Project(Sec. 15269(b) or(c)) ® General Rule of Applicability/Section 15061 (b) (3)J
for the following reason(s): (insert appropriate CEQA language).
Date: By: -
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by
California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the
filing date.
Signature Title
Applicant: Department of Fish and Game Fees Due
Public Works Department ❑ EIR - 52,500 Total Due: 5
255 Glacier Drive ❑ Neg. Dec. -$1,800 Total Paid $
Martinez, CA 94553 ❑ DeMinimis Findings - $0
Attn: (Planner) ® County Clerk - $50 Receipt#:
Environmental Section ® Community Development Dept. - $25
G:\EngSvc\ENVIRO\RealProp\Highland 8 Kregor Peak Communication Sites\CEQA\NOE-form.doc Updated July 21,2006
I
i
30
29 , k o
J P
tri
ou:o
3, o
L
36 I� QPSS
2 I 31
' 32
.` 11-36 a '
- - -- � -T2N- - - ,L
3 T1 N 4—.
GA TE
1 i
� 4 I RESERVOIR 6 .••, fs� 1
M
u'k
r. a
W
1 1 �• r �'k�a F}�S
MI !(( CANYpA, ` ! {ry'`l•..h��,+..JY'C`N"c �!�,y�
� d d �o h7((lfR W s ............ ... .. �,,. ; A��i�<�•+`:a� .c;"4' a�F4'�'` "'+�'
k � � V'a �• .43 1 �.
J 11-JZ 91
x q
M
� KEILER t
RIDGE ORIr
rt
........
4
AN
,
1
t s�F7iww+��
_ .. � . . .. _�;,r; - t.:; t•' •� -yam;
Iq I�`:• 'ter
KREAGORi
PEA K
cLArToN
[t�� —cs i �� HILL -
13 -
Il-�a
18 \mss
QC
0 .125 .25 .375 .5
miles I in. - 1900 ft. SEE 614 NAR
• U
_ W
a
� o
o
'^ o
W Ym U
�^ O
<
ac
V
CP
o �
a
O o 0
Z
U
W
n ----
00 �-
CJ �..\Jl
O 'G� N'
St. -
o 3
OO
0
b
Gq
UPS
p
I
-T W
cRE ao 0
J/ o
-+-ns -- - --------�
a
21
U 0
1 1
�3 +
r � � I
1
" 635
� I
1
W
W
iV 1
'� I6
Ln
.v
I
1
li
- 1
• I
1 '
a 1
I' 1
+ 6551 L- -- �
I �Li I rS I
� ` I
9 36 i 31 5
1
J i
T1S
RD
1
0 .25
miles 1 in. —3800 ft. SEE 675 FAP rrJ�eG} S\
Lnr Iff1 1 13
PLAT TO ACCOMPANY EXHIBIT A
PORTION OF SECTION 25, TIS, RIE, MDM
POB
0 22'5 9
100 0
22'5,9,,W , 0
CD l0 3 0.00
,C T10N o
1 " o APN 0As CEt
1 �v 090.003
USC&GS STATION Z
"MOUNT DIABL O" 22
1 / 9E
�\ o to /� 7p 00 Z
sp° �, 1 / 1`0 z
APN 006-090-007
POC
USC&GS STATION
"MARSH"
.rn
X215 9''E
SHAPELL INDUSTRIES 7j0.00
2001-0097306
HIGHLAND PEAK COMMUNICATION TOWER SITE
nstrument = Scale 1" - 30, Dote
9/5/2007
eries No, Recorded Drown By TL File No.
Checked By ,1S Cod File RW310107.dgn
Recorded at the request of: �` e
Contra Costa County �v I G ck r
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Michele Trecek
Portion of Assessor's Parcel No. 006-090-007
Title Co. Order No. 615-10530
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, SHAPELL INDUSTRIES, INC., a
Delaware Corporation, who acquired title as and as successor by merger to Shapell Industries of
Northern California,
GRANT(S) to CONTRA COSTA COUNTY, a political subdivision of the State of California,
The following described real property in an unincorporated area of County of Contra Costa, State of
California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
57--_()f) SHAPELL INDUSTRIES, INC.
Date A Delaware Corporation
1 —True—bridge
Vice President
Ken ox
Assistant Secretary
ATTACH APPROPRIATE ACKNOWLEDGMENT
MT:sr
G:\Real Prop\Michele\Deeds\DE.04 Grant Deed Shapell Industries, Inc. Highland Peak.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of IJSaAA Cbs 0.
On JL�jA IS, aDO$ before me, `3rn�4 v� �S and � �c ung ?i.,3g c,
-Date Here Insert Name end Title of the Offic
personally appeared .C 7'r1ke )D(tde,,F_, C�v-4 Y)En 02 X
Name(s)o1 Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is r�ubscribed to the
within instrument and acknowledged to me that
he/she he executed the same in his/her eir authorized
capacity(ies), and that by his/her/t jr signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
SMILEY K.SANDHU
Commiuion 1573474 I certifyunder PENALTY OF PERJURY under the laws
� �: Notary Publ� -California �
Santo Clara County of the State of California that the foregoing paragraph is
My Comm.ExpheSApr 26, true and correct.
WITNESS my hand and official seal. ,
Signature
Place Notary Seal Above S�atu of
Notar ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner— Limited ❑ General _ ❑ Partner—❑ Limited General
❑ Attorney in Fact ❑ Attorney in Fact •
El Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
@2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item 115907 Reorder:Call Toll-Free 1-800-876-6827
Highland Peak Communication Tower Site
Highland Peak Communication Tower Site
Portion of Section 25, T1S, R1E, MDM
Portion of APN 006-090-007
Exhibit "A"
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of Section 25, Township 1 South, Range 1 East, Mount Diablo
Meridian, also being a portion of Parcel One as described in the grant deed to Shapell
Industries of Northern California, recorded April 18, 2001 in series No. 2001-0097306,
described as follows:
Commencing at the United States Coast and Geodetic Survey (USC & GS) triangulation
station "Marsh" (PID HS5115), which said station bears south 50022'37"east from USC
& GS station "Mount Diablo" (PID HS5120); thence north 9025'17" east 113.70 feet to
the Point of Beginning; thence from said Point of Beginning south 77022'59" east
100.00 feet; thence south 15041'02" east 147.65 feet; thence north 77022'59" west
170.00 feet; thence north 1213701" east 130.00 feet to the Point of Beginning.
Excepting Therefrom:
All of Parcel One as described in the deed to Scott W. Bryant, Trustee, recorded
December 22, 2003 in Series Number 2003-0612005, Contra Costa County records,
described as follows: Commencing at the USC&GS survey monument"Marsh"; thence
north 27053'16" east 63.26 feet to the Point of Beginning; thence from said Point of
Beginning north 12037'01" east 50.00 feet; thence south 77022'59" east 70.00 feet;
thence south 12037'01"west 50.00 feet; thence north 77022'59"west 70.00 feet to the
Point of Beginning.
Containing a net area of 14,050 square feet of land, more or less.
Also Excepting Therefrom: Rights reserved in the deed from Herbert B. Elworthy,
recorded April 21, 1964, Book 4600, Official Records, Page 631, as follows:
"Fifty percent (50%) of all oil, gas, casinghead gas, asphaltum, and other hydrocarbons
now or hereafter found, situated or located in all or any part or portion of the lands
above described, lying more than 500 feet below the surface thereof, together with the
right to slant drill for and remove fifty percent (50%) of all or any of said oil, gas,
casinghead gas, asphaltum and other hydrocarbons lying below a depth of more than
500 feet below the surface thereof, and to grant leases for all or any said purposes, but
without any right whatsoever to enter upon the surface of said lands, or any part or
Pagel of 2 Highland Peak Comm Tower.doc
Highland Peak Communication Tower Site
portion lying within 500 feet vertical distance below the surface thereof."
Bearings are based on the California Coordinate System of 1983 (CCS83), Zone III.
Distances given are ground distances.
Exhibit "B" attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature: ��, � '
Licensed Land Surveyor
Contra Costa County Public Works Department
Date: /oI 3/e ll>ND
A. S�9L
Exp. 9/30/0 9 7D
L.S.6571
P
cc�F CAS\FD
G:\Design\SURVEYS\Legals\Exhibits2007\Highland Peak Comm Tower.doc
TL:JS October 23, 2007
Page 2 of 2 Highland Peak Comm Tower.doc
EXHIBIT B
PLAT TO ACCOMPANY EXHIBIT A
PORTION OF SECTION 25, T1S, R1E, MDM
POB
o �2 Sg"'E
o N�,7o22'59""W 10000
I � �
o l0 3 0 00
I z- EXCEPTION o
APN PARCEL If)�v
I N pp3
USC&GS STATION S ?
''MOUNT DIABLO" I ° 22'5 9
°
>0.00 z o
SO. cv
�j, IIS APN 006-090-007
F � 2
POC
USC&GS STATION
''MARSH'' -�
u,
S,,0
22'59,,E
SHAPELL INDUSTRIES 1�0.00
2001-0097306
HIGHLAND PEAK COMMUNICATION TOWER SITE
Instrument Scale 1" - 30' Dote 9/5/2007
Drown By TL File No.
Series No. Recorded Checked By JS Cod File RW310107.dgn
Parcel Number: Portion of APN 006-090-007 Grantor: Shaped Industries, Inc., a Delaware Corp.
Project Name: Highland Peak Address: 100 N. Milpitas Blvd.
Work Order Number; 3101 Milpitas, CA 95035
PURCHASE AND SALE AGREEMENT BETWEEN
CONTRA COSTA COUNTY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa County, a political subdivision of the State of
California (hereinafter "County's and Shapell Industries, Inc., a Delaware Corporation, who acquired title as and
as successor by merger to Shapell Industries of Northern California, (hereinafter"Grantor'J.
RECITALS
Grantor is the owner of approximately 14,050 square feet 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. This Agreement is effective on the date approved by the County's Governing Board ("Effective
Date'. This Agreement will 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 agrees to sell and
County agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be Three Thousand Five Hundred Dollars
($3,500.00) ("Purchase Price'.
3.1. 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.
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 performance of all obligations under this Agreement.
4.2. 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 the following "Approved Exceptions"as outlined in the Preliminary Report dated February
7, 2008, issued by Placer Title Company:
4.3. 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').
1
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'l with Placer Tide
Company, Special Projects, 1981 N. Broadway, #100, Walnut Creek, California, their Escrow No. 615-
10530 ("Tide 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 Tide Company to withhold pro rata taxes, liens and assessments on the Property conveyed.
5.1. Fees and Tide 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 Grantor's Deposit into Escrow. 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 behalf of Grantor, in a form
approved by County ("Grant Deed'J 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.
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 l; and
D. Grantor's affidavit as contemplated by the Revenue and Taxation Code § 18662
("Withholding Affidavit'.
5.3. Deposit of Purchase Price Into Escrow by County. Prior to the Close of Escrow, County will
deposit the Purchase Price into escrow with the Title Company.
5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the County ("Close of
Escrow). On the closing date, the Tide Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the County care of Michele Trecek, Real
Property Agent for the County (which shall be deemed delivery to the County);
B. Issue the Tide 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 of the Tide
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 retain all funds and documents pending receipt of
further instructions from the County.
2
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 represents and warrants 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.
6.2. Grantor's Agent. That this Agreement and all other documents delivered prior to or at the Close
of Escrow have been authorized, executed, and delivered by Grantor; are binding obligations of
the Grantor; and are collectively sufficient to transfer all of Grantor's rights to the Property.
7. Lease Termination. Pursuant to the Agricultural Lease by and between Shapell Industries of Northern
California, a division of Shapell Industries, Inc. a Delaware corporation ("Landlord's and East Bay
Regional Park District ("Tenant'l executed May 7, 2003, the lease for the portion of area to be acquired
will be extinguished as of the date of the Close of Escrow.
8. 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.
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. Possession of the Property. Possession of the Property shall be delivered to the County at the Close
of Escrow.
11. Fencing. After close of escrow, acquired area will be fenced off by the County as quickly as feasible.
12. 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.
13. 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: Shapell Industries, Inc.
Attn: Division President
100 N. Milpitas Blvd.
Milpitas, CA 95035
Telephone: (408) 946-1550
County: Real Property Division
Public Works Department
Attn: Michele Trecek
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2010
or to such other addresses as County and Grantor may respectively designate by written notice to the
other.
3
14. Entire Agreement. 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. Grantor has 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.
15. 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.
16. 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 attomey, 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.
17. 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
18. Severability. 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.
THIS PORTION LEFT BLANK INTENTIONALLY
4
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 GRANTOR
RECOMMENDED FOR APPROVAL: SHAPELL INDUSTRIES, INC.
A Delaware Corporation
Date
By
J.C. Truebridge
Vice President
By
Michele Trecek Date --711 S7
Real Property Agent /
By By
J.
Karen A. Laws Ken Cox
Principal Real Property Agent Assistant Secretary
Date —7 //-S /o
APPROV
By
J la R. Bueren
Public Works Director
Date
AIAZ4A Pr�--
(Dke f rd ppro I)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A - Legal Description
MT:sr
G:\Rea1Prop\Mkhe1e\NG.12a P8S Agree ShaWl xbc
(FORM APPROVED BY COUNTY COUNSEL 6/99)
5
Highland Pak Communication Tow,,Site
Highland Peak Communication Tower Site
Portion of Section 25, TIS, R1E, MDM
Portion of APN 006-090-007
Exhibit "A"
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of Section 25, Township 1 South, Range 1 East, Mount Diablo
Meridian, also being a portion of Parcel One as described in the grant deed to Shapell
Industries of Northern California, recorded April 18, 2001 in series No. 2001-0097306
described as follows: ,
Commencing at the United States Coast and Geodetic Survey (USC& GS)triangulation
station"Marsh"(PID HS5115), which said station bears south 50°2237"east from USC
& GS station "Mount Diablo" (PID HS5120); thence north 9025'17" east 113.70 feet to
the Point of Beginning; thence from said Point of Beginning south 77022'59" east
100.00 feet; thence south 15041'02" east 147.65 feet; thence north 77022'59" west
170.00 feet; thence north 12037'01"east 130.00 feet to the Point of Beginning.
ExceRtjpgTherefrom:
All of Parcel One as described in the deed to Scott W. Bryant, Trustee, recorded
December 22, 2003 in Series Number 2003-0612005, Contra Costa County records,
described as follows: Commencing at the USC&GS survey monument Marsh,, thence
north 27053'16" east 63.26 feet to the Point of Beginning; thence from said Point of
Beginning north 12037'01" east 50.00 feet; thence south 7702259" east 70.00 feet;
thence south 12'37'01"west 50.00 feet; thence north 77°22'59"west 70.00 feet to the
Point of Beginning.
Containing a net area of 14,050 square feet of land, more or less.
Also Excep-jII9 Theref���+• Rights reserved in the deed from Herbert B. Elworthy,
recorded April 21, 1964, Book 4600, Official Records, Page 631, as follows:
"Fifty percent(50%)of all oil, gas, casinghead gas, asphaltum,and other hydrocarbons
now or hereafter found, situated or located in all or any part or portion of the lands
above described, lying more than 500 feet below the surface thereof, together with the
right to slant drill for and remove fifty percent (50%) of all or any of said oil, gas,
casinghead gas, asphaltum and other hydrocarbons lying below a depth of more than
500 feet below the surface thereof,and to grant leases for all or any said purposes, but
without any right whatsoever to enter upon the surface of said lands, or any part or
Page l of 2 Highland Pak Comm Tow,,.doc
Highland Pak Communication Tow.Site
portion lying within 500 feet vertical distance below the surface thereof."
Bearings are based on the California Coordinate System of 1983 (CCS83), Zone III.
Distances given are ground distances.
Exhibit"B"attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature:
Licensed Land Surveyor
Contra Costa County Public Works Department
Date: —2—OZ-1-3 a
� aslFiy ,c
* EJV•WM 9
L.S.6511
O
G:1Design�SURVEYsuegais\Exhibi[s2007\Hgh6rwi Peak Comm Tower.doc
TL-35 October 23, 2007
Page 2 of 2 Highhnd Pak Comm Tow..doc
EXHIBIT B
PLAT TO ACCOMPANY EXHIBIT A
PORTION OF SECTION 25, T1S, R1E, MDM
POB S;�,o
0 22 59,'E
100.0()
I
o S>>-22'59„E 0'0
o gyp.
EPCEP T/ON 00 00
1 M M 4PN
006-09
A CEL _ o
I^ �n
I � EkCEP rl ON
p poi 3
USC&GS STATION i!y' / PARCEL ” N
"MOUNT DIABLO" I� / N7 0 POB o 0
_ 22 59,,
W
70.00 c
00
h
APN 006-090-007
POC
USC&GS STATION
"MARSH" -�
N>>o �
22 X59„w
SHAPELL INDUSTRIES i;;10.00
2001-0097306
HIGHLAND PEAK COMMUNICATION TOWER SITE
Instrument Scale 1” - 30' Date 9/5/2007
Drawn By TL Rev. 6/11/2008
Series No. Recorded Checked By JS Cad File RW310107.dgn