HomeMy WebLinkAboutRESOLUTIONS - 03091982 - 82/275CCa-22a (rev.)
RESOLUTION NO. 82/275
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF CONTRA COSTA
CALIFORNIA
DECLARING INTENTION TO SELL INTERESTS IN COUNTY PROPERTY AND
TO LEA.SE BACK PROPERTY; APPROVING FORMS OF BIDDING DOCUMENTS,
ASSIGNMENT, DEED OF GIFT AND FACILITY LEASE; PROVIDING FOR
PUBLIC COMPETITIVE BIDDING FOR SAID SALE AND LEASE; AND
FIXING A TIME FOR A PUBLIC MEETING FOR RECEIPT AND
CONSIDERATION OF SAID BIDS .
WHEREAS, this County has heretofore entered into a
Lease dated September 10, 1975 , as amended (the "610 Court
Street Lease''), from Keller Development Company and Earl D.
Dunivan and Joanne Dunivan, lessors, to the County, lessee,
of property generally known as 610 Court Street, Martinez,
California;
WHEREAS , this County has heretofore entered into an
option dated June 30, 1981, as amended (the "30 Muir Road
Option"), from Duffel Financial and Construction Company,
optionor , and the County, optionee, of property generally
known as 30 Muir Road, Martinez, California; and
WHEREAS, the Board of Supervisors hereby determines
that the public interest, convenience and general welfare
require the sal,e of the County 's interests in the 610 Court
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Street Lease and in the 30 Muir Road Option, upon the
condi tJl.ons hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Contra Costa, as follows:
1. All of the recitals herein contained are true
and correct and "this Board of Supervisors so finds.
2. The real prope:rty owned by the County of
Contra Costa and located therein which is proposed to be sold
is described (in such a manner so as to identify it) as
follows:
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E1ARCELS ONE THROUGH FIVE
The interest in the County as optionee
in that ceitain option, dated June 30, 1981,
frit>m Duffel Financial and Construction
Cornpany, opti onor ,, and the County, optionee,
of property generally known as 30 Muir Road,
Ma r tinez, California, said property being
more specifically described as follows:
All that certain real property situated in the State of California,
County of Ccintra Costa, City of M11rtinez, described as follows:
PARCEL ONE:
A portion of Parcels •1•, 11 2• and •3•, as shown on the Parcel. Map
filed November 2, 19Ell, in Book 98 of Parcel Maps, Page 12, Contra
Costa County Records, described as follows:
Beginning on the easterly line of said Parcel •1• distant
South 20° 28' 45• Wes;t, 421.82 feet from the northeasterly
cornet· thereiof, thence from said J?Oint of beginning South
20• 2Sl ' 45• West, along said easterly line, 229.37 feet,
thence North 61• 00' oo• West, 341.25 feet to a point on the
easterly line of Muir· Station Road as shown on said Parcel
Map, distant. South 29° 00' oo• Weist, 70.93 feet from the
southwesterly corner of said Parc~l •2• (9~ PM l2)J thence
along said easterly line as follows: North 29° 00' oo• East,
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314. 3:3 f4eiet, Northeasterly along ,a curve to the right with a
radiu1s of 190 feet,'throug·h a central angle of 17° 48' 36·,
an arc length of 59~06 feet and northeasterly along a
compound curve with a radius of 482.04 feet, through a
central angle of 7° _14' 52", an arc length of 60.97 feet1
thence! South 35° 56' 32• East lea'ving said easterly line,
79.24 feet1 thence South 29° 00' iOO" West, 34.971 feet
thence South 61° oo• 00" East, 86.25 feet1 thence South 29°
00' 00" West, 85. 23 feet 1 thence l~orth 89° 00' oo• East,
22.70 feet1 thence South 20° 28' ,15• West, 61.5 feet1 thence
South 39° 31' 15• East, 5lo54 fee't1 thence South 69° 31' 15•
East, 21.s feet1 th•nce North 80° 28' 45• East, 26.66 feet
to the point of beg ir.Lning.
RESERVING THEREFROM:
l. Two non-exclusiv,e easements 1:or ingress and egress as an appurtenance
to the grantors remaining land to the south, over strips of land 22
feet in width the ce:nterlines of which are described as follows:
A) Beginning on the westerly line of Parcel One above distant North
29° 00' 00" East, 41.00 feet from the southwesterly corner thereof1
thence from said point of beginning South 55° 17' 22" East, 45.22
feet1 thence South 61° 00' 00" East, 275.75 feet1 thence South 20°
28' 45• West, 36. 91 feet to a point on the southerly line of F'arcel
One above distant North 61° 00' 00" West, 16.18 feet from the south-
easterly corner thereof.
B) Commencing on the westerly li.ne of Parcel One above distant North
29° 00' 00" East, 41.00 feet from the southwesterly corner thereof1
thence from said point of commencement South 55° 17' 22• East, 32.66
feet to the true point of be91inni.ng1 thence from said point of
beginning South 29° 00' 00" West, 37.74 feet to a point on the
southerly line of Parcel One ~bove, which bears South 61° 00' 00"
East 32.5 feet, from the southweeiterly corner thereof.
2. Four non-exclusive easements for ingress and egress as an appurtenance
to the granters remaining lane! tcJ the north described as follows:
A) A strip of land .22 feet in wi.dth, the centerline of which is
described as follows:
Beginning on the westerly line of Parcel One above distant North 29°
00' 00" East, 41.00 feet from the southwesterly corner thereof1
thence from said pohlt of beginning South 55° 17' 22" East, 32.66 feet1
thence North 29° 00' 00" East, 70.75 feetr thence South 61° 00' 00"
East, 204.435 feet to a point hereinafter referred to as Point "A"1
thence continuing South 61° 00' 00" East, 57.865 feet to a point
hereh1after referred to as Point "B".
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B) A strip of land 18 feet in width, the centerline of which is
described as follow~:
Beginning ut point ·~A· referred to above 1 thence North 20° 28' 45"
East 1, 119. 74 feet tc> the southerly terminus of the line described as
•south 20° 28' 45• West, 61.5 feet• in Parcel One above: thence
continuing North 20~ 28' 45" East, along said line, 51.54 feet: thence
North 29° 00' oo• E&st, 67.72 feet.
EXCEPTING THEREFROM: That portic:>n of the above described 18 feet in
width strip lying O\l1tside the boundaries of Parcel One above.
C) A strip of land 18 feet in width, the centerline of which is
desct·ibed ll,S follows:
Begining at point "B· referred to above: thence North 20° 28' 45"
East, 101.62 feet to a point on the line described as •south 69° 31'
15" E:ast, 21.5 feet• in Parcel One above, distant thereon North 69°
31' 15" West, 9.00 feet fr·om the easterly terminus thereof.
D) A strip of land 22 feet in width the centerline of which is
described as follows:
Beginning on the line de~cribed as •North 29° 00' oo• West, 314.33
feet•, in Parcel One above distant thereon South 29° 00' oo• West,
39.00 feet ·from the northerly terminus thereof: thence from said
point of beginning South 61° 00' oo• East, 56.5 feet, thence North
29° 00' 00" East, 66.66 feet: thence northeasterly along a tangent
curve to the right, with a radius of 161.34 feet, through a central
angle of 25 1' 03' 28",, an arc distance of 70.56 feet to a point on the
line described as "South 35° 56" 32" East, 79.20 feet• in Parcel One
above.
PARCEL TWO:
A non-exclusive easement for ingress and egress as an appurtenance to
Parcel One inbove, over a s t rip of land 22 feet in width, the center
line of which is desc:ribed as follows:
Beginning on the nort;herly line of Parcel •1• as shown on the Parcel
Map filed November 2, 1981, in Book 98 of Parcel Maps, Page 12,
Contr~ Costa County Records, distant thereon westerly along the arc
of a curve to the left with a radius of 370.03 feet, through a
centr21l angle of 2° 33' 46", an arc distance of 16.55 feet, from the
northE!asterly corner thereof, thence from said point of beginning
South 20° 28' 45• West, 231. 7.·7 fe1!t.
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PARCEL THREE:
A non·-exclusive ease1nent for ingress and egress as an appurtenance to
Parcel One ilbove, over a strip of land 22 feet in width the centerline
of which is described as follows:
Commencing on the line described as •North 29° 00' oo• West, 314.33
feet•, in Parcel One above distant thereon South 29° 00' oo• West,
39.00 feet from the northerly terminus thereof: thence from said
point of commencement South 61° 00' oo• East, 56.5 feet: thence North
29° oo• oo• East, 66.66 feet: thence northeasterly along a tangent
curve to thie right, rd th a radius of 161. 34 feet, through a central
angle of 25° 03' 20•, an arc distance of 70.56 feet to a point on the
line described as •south 35° 56• 32• East, 79.20 feet• in Parcel One
above, being the true point of beginning: thence from said point of
begin111ing easterly along a compound curve with a radius of 437. 54
feet, through a cent1c-al angle of 18° 12' 20•, an arc distance of
139.04 feet, thence along a compound curve with a radius of 325.53
feet, through a cent1c-al angle of 18° 21' 61 ·, an arc distance of
110. 7:2 feet, to a po:tnt on the centerline of Parcel Two
above, which bears Sc>uth 20° 28' 45• West, 46.66 feet from
the northerly termin11s thereof.
PARCEL FOUR:
A non-exclusive easement tor ingress and egress as an appurtenance to
Parcel One .above, over a strip of land 18 feet in width, the centerline
of which is described as followsu
Beginning at the southerly terminus of Parcel Two above: thence from
said point of beginning southwesterly along a curve to the right with
a raduis of 44 feet, the tangent of which bears North 20° 28' 45•
East, through a central angle of 68° 31' is•, an arc distance of
52.62 feet1 thence South 89° 00' oo• West, 37.96 feet1 thence South
29° 00' oo• West, 67.72 feet to a point on the line described as
•south 20° 28' 45• W•est, 61.S feet• in Parcel One above, distant
North 20° 28' 45• East, 51.S~ feet from the southerly terminus
thereof, thence South 20° 28' 45"' West along said line, 51.54 feet.
EXCEPTING THEREFROM: That portion thereof lying within Parcel One above.
PARCEL FIVE:
A non-exclusive easement for ingr·ess and egress as an appurtenance to
Parcel One above, over a strip of' land 18 feet in width, the centerline
of which is described as follc,ws:
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Begin1ning at the aout rly terminus of Parcel Twc. 1bove1 thence from
said point of beginning along a curve to the right with a radius of
44 feet, the tangent of which be~rs North 20° 28' 45• East, through a
central angle of 35° 13' 1s•, an arc distance of 27.05 feet, thence
along a reverse curv·e with a radi.us of 44 feet, through a central
angle of 35° 13' 15•, an arc ~istance of 27.05 feet, thence South 20°
28 • 45• west, 148. 31 feet to a pciint on the line described as •south
69° 31' 1s• East, 21.s feet• in l 1arcel One above, distant North 69°
31' 1s• West, 9.00 fieet from the easterly terminus thereof.
PARCELS S:IX AND SEVEN
The interest of the County as lessee in
that certail'l lease, dated September 10, 1975,
from Keller Development Company and Earl D.
Dunivan and Joanne Dunivan, lessors, and the
County, les1see, of property generally known
as 610 Court Street, Martinez, California,
said property being more specifically
described as follows:
All that certain re~l property situated in the State of California,
County of Contra Co$ta,· City of Martinez, described as follows:
PARCEL SIX::
Portion of Block 329 of the Additional Survey of the Town of Martinez,
as per maps thereof on file in the office of the Recorder of the
County of Contra Costa, describecl as follows:
Beginning at the most northerly corner of Block 329, said point being
the intersection of the south line of Escobar Street with the west
line of Court Street, thence from said point of beginning southerly
along the west line of Court Street, 90 feet, thence westerly and
parallel with the south lill'le of Escobar Street, 41 feet, thence
northerly and parallel with the west line of said Court Street, 90
feet, more &>r less, to the south line of Escobar Street, thence
easterly alc:mg the south 1 :tne of said Escobar Street, 41 feet to the
point of beginning.
PARCE1.., E:E -~.TEN i
Right of way embodied in ·the deed to Angie c. Bassi, as an appurtenance
to Par·cel Six above, recorded September 2, 1926, Book 48, Official
Records, page 393, over that parce~l of land described as follows:
Beginning at a point on the west ll ine of Court Street, distant
thereon, 90 feet southerly fro:m the south line of Escobar Street,
thence from said point of beginnir,g southerly along said west line of
Court Steet, 8 feet, ·thence westeix·ly and parallel with the south line
of Escobar Street, 41 feet, thence northerly and parallel with said
west line of Court Street, 8 feet, thence easterly and parallel with
the sa:ld sou·th line of Escobar St.reet, 41 feet to the point of
beginning.
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3. 'rhis Board of Supervisors hereby approves and
adopts the following documents: (1) a Notice of Adoption of
a Resolution of the Board of Supervisors of Contra Costa
County Declaring Intention to Sell Interests in County
Property and to Lease Back Property; Inviting Bids for such
Sale and Lease; and Fixing the Time and Place of a Public
Meeting to Receive such Bids, (2) Instructions to Bidders ,
(3) a form of Bid Proposal, (4) 610 Court Street Lease, as
amended, (5) 30 Muir Road Option , as amended, (6 ) a form of
Assignment of Interests in Lease and in Option to Purchase
Real Property and Acceptance of Assignment, (7) a form of
Deed of Gift (Project Phase I ), (8) a form of Facility Lease
(Project Phase I), a copy of each of which has heretofore
been submitted to and filed with this Board; and hereby
specifies said documents (a) to be the statement of the terms
and conditions to be complied with and of the terms and
conditions deemed to be in the best interest of the County
and under and in accordance with which this Board proposes to
proceed and to contract for the sale of the property therein
described, and lease back to the County as therein described ,
all under, pursuant to and in accordance with the provisions
of the Government Code and other appropriate provisions of
law of the State of California, and (b) to be the manner of
conducting competitive public bidding for the sale herein
authorized. The Clerk of this Board is directed to place and
keep on file a copy of each of said documents in the office
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of the Clerk of the Board of Supervisors , County of Contra
Costa, Room 106 , County Administration Building, 651 Pine
Street, Martinez, California, to be available for public
inspection during the regular office hours of said office .
4. I t is expressly determined that no real estate
broker 's fee wi l l be paid.
5. The terms upon which the property will be sold
are specified to be the execution of the Acceptance of the
Ass i gnment of Interests in Lease and in Option to Purchase
Real Property, Deed of Gift (Project Phase I) and Facility
Lease (Project Phase I) hereinabove approved and adopted .
6: It is , and it is hereby declared to be, the
intention of this Board to proceed with a sale of County
property and execution of the Facility Lease (Project
Phase I) in accordanc e with and all as more particularly
described in the documents hereinabove approved and adopted .
7. Tuesday, April 13, 1982 at 3:00 P.M . is fixed
as the time and the Board of Supervisors Chambers, Room 107 ,
County Administration Bu i lding, 651 Pine Street , Martinez ,
California, is fixed as the place for a public meeting of
this Board at its regular meeting place at which sealed
proposals to purchase and lease back will be received and
cons idered.
8. The Clerk of this Board is directed to give
notice of the adoption o f this Resolution and of the time and
p l ace of ho l ding the mee ti ng at wh i ch bids will be rece i ved
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and considered by posting C()pies of this Resolution, signed
by the Chair of this Board, in three (3) public places in
this County not less than fifteen (15) days before the date
of said meeting, and by publishing said form of Notice of
Adoption of a Resolution of the Board of Supervisors of
Contra Costa County Declaring Intention to Sell Interests in
County Property and to Lease Back Property; Inviting Bids for
such Sale and Lease; and Fixing the Time and Place of a
Public Meeting to Receive such Bids once a week for three (3 )
successive weeks, in The Martinez News Gazette, a newspaper
of general circulation published in the County. Said notice
sha ll constitute the notice to bidders and will be considered
to have been published as required by law upon completion of
said publication.
PASSED AND ADOPTED this 9th day of March , 1982 , by
the following vote:
AYES:
NOES:
Supervisors Powers, Fahden, Schroder, Torlakson,
McPeak
None
VOTING: None ( --
ABSENT OR NOT ~~{iJ1-,.,J_+,n_~ok__
Chair of the Bo~rd of Supervisors
County of Contra Costa
State of California
ATTES T : J. R. OLSSON, Clerk
By o~ tl ~/4 Deputy
Cler£ of the Board o@'Supervi sors
of the County of Contra Costa,
State of California
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CLERK'S CERTIFICATE
I , GERALDINE RUSSELL, Chief Clerk of the Board of
Supervisors of the County of Contra Costa, hereby certify
that the foregoing is a full, true and correct copy of a
resolution adopted by more than a two-thirds (2/3) vote of
all the members of the Board of Supervisors of said County at
a regular open meeting of said Board of Supervisors duly and
regularly held at the regular meeting place thereof on the
9th day of March , 1982 , of which meeting all of the members
of said Board of Supervisors had due notice and at which more
than two-thirds (2/3) of all members thereof were present;
and that at saia meeting said resolution was adopted by the
following vote:
AYES :
NOES:
Supervisors Powers, Fahden, Schroder, Torlakson,
McPeak
None
ABSENT OR NOT VOTING: None
I further certify that I have carefully compared
the same with the original minutes of said meeting on file
and of record in my office ; that the for~going resolution is
a full, true and correct copy of the original resolution
adopted at said meeting and entered in said minutes; and that
said resolution has not been a mended, modified or rescinded
since the date of its adoption , and the same is now in full
force and effect.
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WITNESS my hand and the seal of the County of
Contra Costa this 9th day of March , 1982.
GERALDINE RUSSELL
Chief C l erk of the Board of Supervisors
[SEAL ]
cc: Orrick, Herrington, & Sutcliffe
Bank of America
County Administrator
Auditor-Controller
Treasurer-Tax Collector
Public Works-Lease Management
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