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Home My WebLink AboutMINUTES - 10121993 - 1.56 - : : • - ECEi1/ED .:. ..... . . September 9, 1993 - CI:ERK 80ARD,OF SUPERVISORS ,Board:of Supervisors :.colvTRA COSTA co:. .`Contra Costa.County, 651 Pine.Street Martinez; CA 94553. RE: `: 4196 4200 Sellers Avenue, Brentwood; California To'-The Honorable Board Of Supervisors For:Contra Costa.-Count Y. : The undersigned represent parties with a,property problem: ..Charlotte and David Espinoza are.: Contra Costa:County,residents; living inBrentwood. The'TIMEC.Pension Plan.is the ERISA qualified pension plan for TIMEC ;Company. TIMEC is wholly;owned by Briggs.Wood, a -C Ontra Costa County,resident,of.over•14 years TIMEC, provides labor and'services-to many companies inContra,Costa County,,incl�iiding She11,'Unocal,. and Tosco. Many of the TIMEC employees.who':are participants in.'the•Pension Plan are'Contra Costa County'residents: The TIMEC'-Pension_Plah loaned money on'the_4.190=4200 Sellers Avenue Brentwood:.property; and foreclosed in.November.:of 1991::;Title was.held.in the name of Charles and Darle'en'Hunt. Unknown_to.the TIMEC.Pension Plan, Charlotte and.David Espinoza owned three acres of the nine"acre parcel. In 1978, the Espinozas, relatives:of.the Hunts.; had purchased one third of the property with,the Hunts., However, th`e Hunts .duped" the.,Espin(ozas.by failing to include the Espinoza's ,on ttle.. .Attached hereta as Exhibit "A" is a detailed.descriptionof the;status and history of the property•and the:current situation,between the:Espinozas and the TIMEC Pension. Plan: : The Espinozas filed an.,action in the superior.Court for".the County.of Contra Costa;`asseT'ting -. a,claiof ownership..in,.3:..acres of,'the 9.31 acre parcel. Judge,Ellen James.of the'Superior Court:has:issued a judgnient.that the Espinozas.in faibudo own 3 acres:of.the parcel. See Exhibit ''B'` hereto.:" The parties are 'left`with an'.anomaly in that tittle,;according to the County Recorder's:Office, shows thatthe:TIMEC Pension Plan.owns tl�e entire property. However, the _Judgment of.the Superior Court establishes that the Espinozas?owii 3 acres of the parcel: The Espinozas and the TIMEC.Pension.Alan no longer-have a dispute: Both sides are working together to find:a`way'to satisfy the-Court Jud&mek, by severing the Espinozas' 3 acre parcel: 'However .due.'to zonin and laird'use restricfions according"to.the General-Plan :'the arties are r6,! b P running.`into 'difficulty,complying with:the 'Court,'s-Judgment.'. The parties-.have,-met with: a' representative of'the Count Plannin De artment. According to the Plannin 'De artnient the :` - Y P g g: P , . g only practical way.to,resolve this.problem:is-for the.Espinozas'and.the.Hunts togo through'the 155.Corporate Place. Vallejo; California945w`.- :P.0. Box 7,708: (707) 642-2222%- Lic 280229 Col+`lrn' eV:: �+ .- Working to be'#1.,in.Safety.Quality and Productivify L[.!�,Y� Board of Supervisors. September.9, :1993 RE:. 4190=4200 Sellers.Avenue, Brentwood,Cali fornia Page 2 lengthy'.and' eicpensive._process:.of applying:to -have. the property re-zoned for, a 5 acre ;lot. . ."'minimum. rather than a 40•Acre lot minimum; and then seeking an.additional zoning,-:variance- froni a•5 acre. minimum, so,:as.to.allow for.a 3 acre parcel: ; Both the Espiriozas and;the TIMEC.Pension Plan have already spent substantial 'amounts .of. money.in'attorneys';•fees,and costs.in;trying'to resolve.tFiis problem. By conservative estimate; it would cost as much a's $20,000 simply,to g% o through .the variance and zoning process with . ... ty (,, 1--lar ... n e'n,f s:uccees, Tn.fn -7I1 linh the firm `,inn*.ir F/lr l! frn 4n Count , • ;V JV.I I,.lva\' no �1A14rlln tell VL JNVt!�J J.•' lil•lUcl, tall. tI.UL the pardies. ant is 1V1 fCon to Cbstz, Count. J JJJ .. to-acknowledge and allow for enforcement of the Court's Judgment, by severing three- from the�sub'ect propprty The parties now turn to. the Board. of Supervisors for assistance and .advice. The parties' respectfully.request an opinion or posifion from the.Board of'Supervisors as to whether, the Board jwill authorize the County:to:enforce;the,Court's Judgment, by:grariting a special variance _ or special consideration so.as to.allow�forthe Espinozas',3-acre:parcel to be severed in title and ownership froiii the larger parcel: The,parties:thank the.Board .for its kind consideration of this problem, and.look1orwan .to assistance from' its elected officials'as to.a practical resolution,of this.;matter: lf,.thereare any questions,regarding any aspect.of this matter, either of its would be happy to :.. provide suchinforniation, Y.:,Res ectfull espect P _7 j 3 BR:ENT: A. BABOW'`. AN General.Coimsel for The Attorne for C arlotte'& TIMEC�Pension Plan David ino (Z07) 642=2222 (5103 ;35 1 BAB/crb . , ' ".h:\legal\civil\espinl\lioard.ltr ,::- :' - , r TI IVI EC PROPERTY DESCRIPTION: Parcel Number 020-210-021, commonly known as 4190- 4200 Sellers Avenue, Brentwood, California, a 9.31 acre parcel. The property is zoned A-3, Heavy Agriculture, with 10 acre minimum lot size and one single family dwelling per lot. TITLE HISTORY: Charles and Darleen Hunt purchased the property from Wesley and Aileen Moore on June 9, 1978. TIMEC Pension Plan, a senior lender to the Hunts, foreclosed on the property on November 18, 1991, and remains record title owner. ACTUAL HISTORY:. When the Moores sold to the Hunts, Charlotte and David Espinoza purchased one-third of the property from the Moores. The Espinozas and the Hunts are related. The Espinozas paid one-third of the purchase price and "bought" the three eastern-most acres of the parcel. Due to the illegal subdivision, however, only the Hunts were listed on title and in the deed. The Espinozas were "duped" by the Hunts into believing that they were listed as owners of the property: When the TIMEC Pension Plan lent money to the Hunts, they took a deed of trust according,.to title, on the entire property. TIMEC was "duped" by the Hunts into believing that the Hunts were the sole owners of the property. It was not until TIMEC foreclosed that the Espinozas and TIMEC learned about each other. Since the foreclosure, the Espinozas and TIMEC have been in litigation to determine their respective rights to the property. The Superior Court for the County of Contra Costa has issued a Judgement that the Espinozas purchased three acres from the Moores and own the eastern 3 acres of the property. USAGE: In 1980,the Planning Department issued a Land Use Permit; allowing a variance from the single unit zoning requirement. The permit allowed the Espinozas to place a modular home on their portion :of the property. In conformance with a County Building Permit, the Espinozas supplied electricity, septic tank, and water service to their three acre parcel, obtained an Assessor's Parcel number, their own address, and a separate driveway. Since 1980, the Espinozas have occupied their three acres, raising livestock and crops independent of the Hunts. In essence, the parcel has been utilized as two separate properties by two separate owners. CURRENT ISSUE: As a result of the Superior Court Judgment, there is a significant discrepancy as to ownership of the three acre piece of the parcel (i.e., the Espinozas' name does not appear on title). TIMEC is the title owner to the 9.31 acre parcel. According to the Court's Judgment, the Espinozas own three of those acres. To resolve this problem and conform to the Court's judgment, the Espinozas and TIMEC Pension Plan seek a variance from the 10 acre lot size zoning requirement, to create a six acre parcel and a three acre parcel. EFFECT OF VARIANCE: A variance to resolve this problem would have no effect on land use or development in the area. The property already has two dwellings and separate amenities; each occupant has utilized the land separately, but consistent with land use requirements. Subdividing the property would do nothing more than conform record ownership and title with actual usage for the past thirteen years. _.... espinoza .var 1 ZIMMERMAN LAW OFFICES 5206340781 P. 02 1 Brent A, Babow Ear Nd. 121309 i. General Counsel 2 The Industrial Maintenance Engineering Contracting Company 3 dba TIMEC Company. s.�..�rrrk�.CO3JNrr�Er�� 155 Corporate Place �Y4y{yS42p. t15TACCJNT" E4 Vallejo, CA 94590 (707) 6542-2222 ----� ' Attorneys for Defendants;Cross-Complainants 6 RALPH E. 'W'OOD, TRUSTEE FOR THE TIMEC PENSION PLAN, .AND THE TIMEC PENSION PIAN 8 SUPERIOR COURT OF CAI..IFORKIA 9 COUNTY OF CONTRA COSTA 10 DAVID D. ESPINOZA and CHARLOTTE 1. } NO. C92-02134 11 ESPINOZA., } } 3UDGMlENT 12 Plaintiffs, } } 13 vs, } } 14 RALPH BRIGGS WOOD, TRUSTEE FOR } THE TIMEC PENSION PLAN, TIMEC" ) 1:5 PENSION PLAN, and DOES I to 20, } inclusive, } 16 } Defendants } 1'7' ) 18 A,ND ALL RELATED CRO$$-ACTIONT S � 19 This matter tonnes before the Court by way of a Complaint filed by plaintiffs for 20 declaratory, relief and quiet title, claiming a certain interest ia real property. Defendants and 21 cross-complainants filed a similar cross-complaint for declaratory relief and quiet title, 22 seeking a declaration'.that plaintiffs owns no interest in that certain property. Plaintiffs were 23 represented by the I.aw Office of Scott K. Zimmerman, Esq. Defendants were represented 24 by Brent A. Babow,:Esq. 25 The matter having been submitted to the Court by the parties, the Court orders, finds, 26 and decrees as follows; 27 28 1 EIMMERMAN LAW OFFICES 5106340781 P. 03 1 Plaintiffs DAVID D. ESPINOZA and CHARLOTTE J. ESPINOZA are the owners in 2 fee simple absolute of a three acre portion of that certain real property commonly known as 3,i 4I90-4200 Sellers Avenue, Brentwood, and more specifically identified as Assessor's Parcel 4 Number 020-210-021 Parcel B, designated on the parcel map filed January 5, 1973, Bonk 25 S Parcel Maps, page 48, Contra Costa County Recorder. Specifically, those three acres are 6 being the eastern most three acres of that parcel, adjacent to Sunset Road. The Court finds 7 i that plaintiffs purchased said three acres in said fee simple absolute from Wesley and Aileen 8 Moore on May 26. 1978. The Court further finds that defendants RALPH BRIGGS WOOD, 9 TRUS'T'EE FOR THE TIMEC PENSION PLAN and THE TIMEC PENSION PLAN are the 10 owners in fee simple.absolute of the balance of the subject property, that being 11 approximately 6.37 acres of Parcel Number 020-210-021, having obtained that property by 12 way of a foreclosure:We conducted November 18, 1991. 13 Declaratory judgment is hereby entered and awarded as stated herein. Each party to 14 bear its own costs, expenses, and fees. 15 _ DATED; 16 ; 17 BY: 18 THE HONORABLE"J DGE ELLEN S. JAMES 19 Approved as'to form and content. 20 DATED; June 29, 1993 21 BY: Act BIVT A. RABOW, ESQ. 22 Attorney for Defendants/Crass-Complainants RALPH B. WOOD, TRUSTEE FOR THE 23 TIMEC PENSION PLAN, AND THE TIMEC 24 �� I r� . x 25 DATED: - � B'iY:�SCOTT K. Zi ANI. �.�---,-,--•-,�,- 2b Q Attorney for Pfaind s/Cross-Defendants. 27 DAVID ESDI OZ and CHARLOTTE t ESPINOZA 28 2