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HomeMy WebLinkAboutMINUTES - 12161986 - 2.2 :2 a CONTRA COSTA COUNTY BOARD OF SUPERVISORS TO: Board of Supervisors FIM: J. Michael Walford DATE: December 2, 1986 SUBJECT: Former Southern Pacific Right of Way: Exercise of Option A to Purchase Additional Portion of Corridor (4425-4127) SPECIFIC REQUEST(S) OR REOCd*O1DATICN(S) & BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. ACCEPT the Grant Deed dated December 4 , 1986 from Southern Pacific Transportation Company and DIRECT the Real Property Division to cause said document to be recorded in the office of the County Recorder along with a certified copy of this order. B. AITT[lOIZIZE the County Auditor to issue a check to Western Title Insurance Company Escrow No. 487770 in the amount of $3,400,000 to be delivered by the Real Property Division. 2. Financial Impact: Pursuant to the terms of the Purchase Agreement dated December 31 1985 between the County and Southern Pacific Transportation Company, County has the right under-Option A of said agreement to purchase this portion of the corridor for $5,000,000. ($1,600,000 of the purchase price has been placed into escrow by Central Contra Costa Sanitary District as payment for an easement.) 3. Reasons for Pec a dations: County is exercising Option A pursuant to said Agreement for the acquisition of the former Southern Pacific Right of Way to preserve the corridor for public use. 4. BaclaTr und: In the interest of preserving the corridor for public uses the County entered into the Purchase Agreement with Southern Pacific Transportation Company on December 3, 1985. Said agreement provided for an immediate purchase of a portion of the corridor and 2 options for future purchases of the remainder. w 5. Consecq_enoes of Negative Action: County will have to pay a greater sum to exercise this option after December 31, 1986, pursuant to the terms of said Purchase Agreement. Continued on Attachment: yes Signature: _ Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) Action of Board on Approved as recommended Other _ Vote ' fSofSupervisors Y Unanimous (Absent ) I HEREBY CEtaTM THAT THIS IS A TRUE Ayes: Noes: AND CORRF]CT COPY OF AN ACTION TAKEN Absent: Abstain: AND ENTERED ON THE FD24TTES OF TBE BOARD OF SUPERVISORS ON THE DATE SHOW. ATTESTED CEC 16 1986 PHIL BATCHEIM, Clerk of the Board Of Sup visors and County Administrator st-rator BY E , DERHY Orig. Div: Public Works (R/P) cc: County Administrator Auditor-Controller (via R/P) P. W. Accounting Recorder - certified (via R/P) County Counsel Southern Pacific (via R/P) DD:pg BO:aspr3.2.tl2 TO: BOARD OF SUPERVISORS FROM: J. Michael Walford ,Contra Costa DATE'. December 2 , 1986 CQut'1ty SUBJECT: Former Southern Pacific Right of Way, Easement to Central Contra Costa Sanitary District (4425-4127 ) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 1. Recommended Action: AUTHORIZE the Chairman of the Board to execute a Grant of Easement from the County to the Central Contra Costa Sanitary District across that portion of the former Southern Pacific Right of Way known as parcels 59 and 61 through 66, subject to the following conditions : A. Said Grant of Easement shall not be delivered to the Central Contra Costa Sanitary District unless and until the County completed the exercise of its option to purchase the portion of the former Southern Pacific Right of Way described in Option B to the Purchase Agreement dated December 3, 1985 between the County and Southern Pacific Transportation Company, by depositing into escrow with Western Title Insurance Company Escrow No. 487770, the sum of $4, 450 , 000 . B. If the County does not complete the exercise of Option B with Southern 'Pacific Transportation Company on or before December 31, 1986, this action shall be null and void. 2 . Financial Impact: Pursuant to the Purchase Agreement dated December 3, 1985 entered into by the County and the District, County will receive the agreed upon consideration, $550, 000 . 3. Reasons for Recommendations : County will receive needed funds for further acquisition of the former Southern Pacific corridor. County is cooperating in meeting the needs of another public agency. 4 . Background: On December 3 , 1985 the Board approved the Purchase Agreement with the Central Contra Costa Sanitary District. Said agreement provides for the granting of this easement to the Central Sanitary District. 5 . Consequences of Negative Action: County will lose funds necessary to complete further acquisition of the corridor . CONTINUED ON ATTACHMENT: _ YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREISI: / ACTION OF BOARD ON DEC 16 1986 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS _zuNANIMOUS (ABSENT 1 HEREBY CERTIFY THAT THIS IS A TRUE ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Orig. Div.: Public Works (R/P) DEC 1 6 1986 cc: County Administrator ATTESTED Auditor-Controller PHIL BATCHELOR, CLERK OF THE BOARD OF P. W. Accounting SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Central Sanitary District (via R/P) � p, n M382/7-83 BY DEPUTY a. � COMM COSM COUNTY BOARD OF SUPFRVISCRS TO: Board of Supervisors FROM: J. Michael Walford DATE: December 2, 1986 SURTELT: Former Southern Pacific Right of Way, Easement to Central Contra Costa Sanitary District (4425-4127) SPECIFIC REWEST(S) OR ImaC14*NDATION(S) & BAC MMOM AND JUSTIFICATION 1. Recommended Action: ALTIHO IZE the Chairman of the Board to execute a Grant of Easement from the County to the Central Contra Costa Sanitary District across that portion of the former Southern Pacific Right of Way known as parcels 15, 16, 49 through 55 and 57. 2. Financial Impact: Pursuant to the Purchase Agreement dated December 3, 1985 entered into by the County and the District, County will receive the agreed upon consideration, $1,600,000. 3. Reasons for Rection: County will receive needed funds for further acquisition of the former Southern Pacific corridor. County is cooperating in meeting the needs of another public agency. 4. Background:d: On December 3, 1985 the Board approved the Purchase Agreement with the Central Contra Costa Sanitary District. Said agreement provides for the granting of this easement prior to December 31, 1986. 5. Consequences of Negative Action: County will be subject to legal action for breach of contract. County will lose funds necessary to complete further acquisition of the corridor. Continued on Attachment: yes Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) Action of Board on Approved as recommended Other Vote of Supervisors Unanimous (Absent ) I HEREBY CERTIFY MIAT THIS IS A TRUE Ayes: Noes: AND OORRECP COPY OF AN ACTION TAMN Absent: Abstain: AND ENTERED ON THE M7NUTEi OF THE BOARD OF SUPERVISORS ON UM DATE SHOWN. ATfESrED ❑E C ra 19RG PHIL BA!Uh�i It, Clerk of the Board of Supervisors and County Administrator BY DEPUrY Orig. Div: Public Works (R/P) cc: County Administrator Auditor-Controller P. W. Accounting County Counsel Central Sanitary District (via R/P) DD:dk BO:aspr2.tl2 TO BOARD OF SUPERVISORS + FROM: J. Michael Walford ��tara CW- DATE: December 2 , 1986 C irty SUBJECT: Former Southern Pacific Right of Way: Exercise of Option B to Purchase Additional Portion of Corridor (4425-4127 ) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 1, Recommended Action: Authorize exercise of Option B of the Purchase Agreement with Southern Pacific Transportation Company, dated December 3, 1985 and accept the Grant Deed dated . December 10 , 1986 from Southern Pacific Transportation Company in the following manner and subject to the conditions set forth herein: A. On the condition that the County Administrator is satisfied that the sum of $4 , 450, 000 is available to the County for the purchase of the property described in Option B, on or before December 31, 1986, the County Administrator is directed to ( 1 ) instruct the County Auditor to issue a check to Western Title Insurance Company, Escrow No. 487770 , in the amount of $4 , 450, 000 , and ( 2 ) notify Southern Pacific Transportation Company that the funds have been deposited. B. Upon notification from the County Administrator of the availability of funds , the County Auditor is authorized to issue a check to Western Title Insurance Company Escrow No. 487770 in the amount of $4 , 450, 000 to be delivered by the Real Property Division. C. Following the close of escrow, the Real Property Division is directed to cause the Grant Deed from Southern Pacific Transportation to be recorded in the Office of the County Recorder along with a certified copy of this order . D. In the event that funds are not available for purchase of the property described in Option B, on or before December 31, 1986, this action shall be null and void. 2 . Financial Impact: Pursuant to the terms of the Purchase Agreement dated December 3, 1985 between the County and Southern Pacific Transportation Company, County has the right under Option B of said agreement to purchase this portion of the corridor for $5, 000 , 000 . ( $550 , 000 of the purchase price has been placed into escrow by Central Contra Costa Sanitary District as payment for an easement. ) 3 . Reasons for Recommendations : County is exercising Option B pursuant to said Agreement for the acquisition of the former Southern Pacific Right of Way to preserve the corridor for public use. CONTINUED ON ATTACHMENT: 3X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS / 1 HEREBY CERTIFY THAT THIS IS A TRUE b UNANIMOUS (ABSENT ) AMID CORRECT COPY OF AN ACTION TAKEN AYES:-, - - NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Orig. Div. : Public Works (R/P) ATTESTED DEC 16 1986 cc: County Administrator — Auditor-Controller (via R/P) PHIL BATCHELOR, CLERK OF THE BOARD OF P. W. Accounting SUPERVISORS AND COUNTY ADMINISTRATOR Recorder - certified (via PVP) County Counsel BY_&!" . ;�a.' DEPUTY M382/7-83 Southern Pacific (via R,/P) 4 . Back round: In the interest of preserving the corridor for public uses the County entered into the Purchase Agreement with Southern Pacific Transportation Company on December 3, 1985 . Said agreement provided for an immediate purchase of a portion of the corridor and 2 options for future purchases of the remainder . 5. Consequences of Negative Action: County will have to pay a greater sum to exercise this option after December 31, 1986, pursuant to the terms of said Purchase Agreement.