HomeMy WebLinkAboutMINUTES - 05052015 - C.09RECOMMENDATION(S):
1. APPROVE and AUTHORIZE the County Counsel, or her designee, to execute on behalf of the County an
agreement to settle the litigation captioned Contra Costa County v. Joseph L. Campbell, Contra Costa County
Superior Court Case No. C14-00474.
2. AUTHORIZE the Public Works Director, or designee, to accept a Grant Deed for the property located at 2090
Commerce Avenue, Concord.
3. DIRECT the Public Works Director, or designee, to record the Grant Deed in the Official Records of Contra Costa
County.
FISCAL IMPACT:
The settlement will avoid additional litigation costs.
BACKGROUND:
In 1991, the County entered into a lease-purchase agreement with Joseph L. Campbell to purchase improved real
property located at 2090 Commerce Avenue, Concord (the “Property”). The County has used the Property as a
residential detoxification facility.
Under the lease-purchase agreement, the County paid for the Property by making monthly payments to Campbell
over 16 years. After the last monthly payment was made in 2007, the County owned the Property. The lease-purchase
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/05/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Stephen M. Siptroth, Deputy
County Counsel, 335-1817
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: May 5, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Stephen M. Siptroth, Deputy County Counsel
C. 9
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:May 5, 2015
Contra
Costa
County
Subject:Approval of settlement in Contra Costa County v. Joseph L. Campbell (C.C.C. Superior Court Case No. C14-00474)
BACKGROUND: (CONT'D)
agreement required Campbell to convey to the County fee title to the Property by executing and delivering a grant
deed, but Campbell never provided the executed grant deed to the County.
On March 12, 2014, the County filed this litigation against Campbell, to seek an order requiring Campbell to provide
the County an executed grant deed that would convey to the County fee title to the Property. Campbell then filed a
cross-complaint against the County.
The parties have agreed to settle the litigation under the following terms: (1) Campbell will provide the County an
executed grant deed conveying fee title to the Property to the County; (2) after the grant deed is recorded, the
litigation will be dismissed in its entirety; and (3) each party will bear its own attorney’s fees and costs incurred in the
litigation and in the negotiation and execution of the settlement agreement.
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board elect to not approve the settlement agreement, the litigation would continue at additional cost to the
County.