HomeMy WebLinkAboutMINUTES - 04092013 - C.22RECOMMENDATION(S):
APPROVE and AUTHORIZE County Counsel, or designee, to initiate and prosecute litigation, on behalf of the
County, to quiet title to the real property located at 2090 Commerce Avenue in Concord, California. (WJ5859)
FISCAL IMPACT:
All litigation costs will be paid from various Public Works Department's Funds.
BACKGROUND:
The County has been in possession of the subject property since 1981, first as a tenant under a lease dated May 5,
1981, then as a tenant under a lease dated August 1, 1991, and, finally, since August 1, 2007, as the equitable owner
of the property. The County's use and occupancy of the property has been continuous since May 5, 1981. The
property is improved with a single-story structure that is used as a residential detoxification facility. The County
intends to continue its use of the property for this purpose for the foreseeable future.
The 1991 lease states that title to the property vests in the County upon the termination or expiration of the lease,
without the need for further action
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/09/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Karen Laws (925)
313-2228
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 9, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 22
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:April 9, 2013
Contra
Costa
County
Subject:Approve and Authorize Litigation to Quiet Title to the Real Property Located at 2090 Commerce Avenue in Concord,
California
BACKGROUND: (CONT'D)
by the lessor or the County. The 1991 lease terminated by its terms on July 31, 2007. When the lease terminated, the
County became the equitable owner of the property. However, the former lessor has refused to convey legal title to
the County through the execution of a grant deed. Public Works staff recommends that the Board of Supervisors
authorize County Counsel, or designee, to initiate and prosecute an action to obtain clear title to the subject property
and to require the former lessor to specifically perform under the 1991 lease by conveying legal title to the County.
CONSEQUENCE OF NEGATIVE ACTION:
If the County elects not to pursue an action at this time, the County's title to the property will continue to be clouded.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
RELISTED to a future date uncertain.