HomeMy WebLinkAboutMINUTES - 02141995 - 1.59 l 59
TO: BOARD OF SUPERVISORS 5E Contra
s� .
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Costa
z . .. a County
DATE: FEBRUARY 14, 1995 y
SUBJECT: LEASE TERMINATION AGREEMENT AND QUITCLAIM DEED FOR 2425 BISSO
LANE, CONCORD
SPECIFIC REOUEST(S)OR FIECOMMENDATION(S)3 BACKGROUND AND JUSTIFICATION
I . RECOMMENDATION
AUTHORIZE - the Chair of the Board of Supervisors to EXECUTE, on
behalf of the County, a Lease Termination Agreement and Quitclaim
Deed with the Contra Costa County Public Facilities Corporation as
Lessor and Bank of America National Trust and Savings Association
as Trustee for the office building at 2425 Bisso Lane, Concord.
ACCEPT the Quitclaim Deed on behalf of the County and DIRECT the
Director of General Services to record said Lease Termination
Agreement and Quitclaim Deed with the Office of the County
Recorder.
II . FINANCIAL IMPACT
None
III. REASONS FOR RECOMMENDATION/BACKGROUND
These actions are recommended to obtain full title to the property.
On June 8, 1982 the Board of Supervisors approved execution of a
Facility Lease/Purchase Agreement between the County and the Contra
Costa County Public Facilities Corporation to finance the
acquisition of the office building at 2425 Bisso Lane, Concord
through the issuance of Certificates of Participation. The 1982
issue was refunded as of April 1, 1984 and the County executed an
Amended and Restated Facility Lease.
CONTINUED ON ATTACHMENT: X YES "-�^ViJCS&�
SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON y ys APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT 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.
Contact: Barton Gilbert (313-7100) �✓
cc: See Page 2 ATTESTED Z 1 ys
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ' \ DEP
" 2519001 .04A PLP:tb Page 1 of 2 DEPUTY
, r
LEASE TERMINATION AGREEMENT AND January 24, 1995
QUITCLAIM DEED FOR 2425 BISSO LANE, CONCORD
Among the documents approved in the financing was a Deed of Gift
which transfers full title to the County from the Contra Costa
County Public Facilities Corporation on July 1, 2002 or earlier if
all rent payments due under the lease are paid before then.
The County completed all rent payments on June 15, 1992 . However,
a Lease Termination Agreement and Quitclaim Deed must be executed
and recorded as recommended so that the lease of record will be
terminated and title to the property will be transferred to the
County.
cc: County Administrator
Assessor (via A/D)
Recorder (via A/D)
Public Works Real Property Div. (via A/D)
C.C.C. Public Facilities Corp. (via A/D)
Orrick, Herrington & Sutcliffe (via A/D)
Bank of America, Trustee (via A/D)
Orig: General Services Dept.-A/D
2425BO01.04A
PLP:tb
Page 2 of 2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
COUNTY OF CONTRA COSTA
c/o Orrick, Herrington & Sutcliffe
400 Sansome Street
San Francisco, CA 94111
Attention: Thomas R. Shearer, Jr.
LEASE TERMINATION AGREEMENT AND QUITCLAIM DEED
THIS LEASE TERMINATION AGREEMENT (this "Agreement") .
dated as of Y , /945. is entered by and among the COUNTY OF
CONTRA COSTA, a political subdivision organized and existing
under and by virtue of the laws of the State of California (the
"County") , the CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION,
a nonprofit public benefit corporation duly organized and
existing under and by virtue of the laws of the State of
California (the "Corporation") , , and BANK OF AMERICA NATIONAL
TRUST AND SAVINGS ASSOCIATION, a national banking association
duly organized and existing under and by virtue of the laws of
the United States of America (the "Trustee") , as Trustee under
that certain Trust Agreement, dated as of April 1, 1984, among
the Trustee, the Corporation and the County.
WITNESSETH
In consideration of the mutual covenants herein
contained and for other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the District, the
Corporation, and the Trustee do hereby agree as follows:
1. Termination of Facility Lease. The Trustee, the
Corporation and the County do hereby terminate that certain
Amended and Restated Facility Lease (2425 Bisso Lane Office
Building) dated as of April 1, 1984, by and between the
Corporation, as sublessor, and the County, as sublessee, which
was recorded in the Official Records of the County of Contra
Costa, California on April 30, 1984, under Recorder's File No.
84-58511 (the "Facility Lease") , which Facility Lease covers
certain real property located in the County of Contra Costa,
California, as more particularly described on Exhibit A hereto
and incorporated herein by referance (the "Property") , certain
rights under which were assigned to the Trustee by that certain
Assignment Agreement dated as of April 1, 1984, by and between
the Corporation and the Trustee, relating to the Facility Lease,
SF2-28293.1
which was recorded in the Official Records of the County of
Contra Costa, California on April 30, 1984, under Recorder's File
No. 84-58512 (the "Assignment Agreement") . The Trustee, the
County and the Corporation agree that the Facility Lease and the
Assignment Agreement shall be considered for all purposes to be
of no further force and effect, and the Trustee, the County and
the Corporation and their respective successors and assigns shall
be released from all obligations and liabilities under the
Facility Lease and the Assignment Agreement, whether arising or
accruing prior to or following the date hereof.
2 . Quitclaim. The Corporation and the Trustee do
hereby remise, release and forever quitclaim to the County the
Property.
3. Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of
California.
4. Counterparts. This Agreement may be executed in
one or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the
same instrument.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the date first written above.
COUNTY OF CONTRA COSTA
By
COUNTY OF CONTRA COSTA PUBLIC
FACILITIES CORPORATION
By
Authorized Officer
BANK OF AMERICA NATIONAL TRUST AND
SAVINGS ASSOCIATION, as Trustee
FORM APPROVlED
VI OR .W ,C unt mel By
gyp ty uth ized Officer
SP2-28293.1 2
EXHIBIT A
All that certain real property situate in the State
of California, County of Contra Costa, City of Concord,
described as follows:
PARCEL ONE:
Parcel "B" of Parcel Map filed April 16, 1976, in
Book 44 of Parcel Maps, page 20, Contra Costa County Records.
Excepting therefrom:
An undivided 1/2 ,iiiterest in and to all oil, gas,
casinghead gasoline and hydrocarbons and mineral substances
below a point 500 feet below the surface of said real
property, together with the right to take, remove, mine and
dispose of said oil, gas, casinghead gasoline and other
hydrocarbons and minerals, as reserved in the deed from John
D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as to an
undivided 1/6 interest; and George Bisso, Edith I . B. Firpo,
Louise Minns and Rose Caperton, each as to an undivided 1/8
interest and recorded September 1, 1971, in Book 6468, Page
805, Official Records.
PARCEL TWO:
A portion of Parcel "A" of Record of Survey filed
November 8, 1972, in Book 55 of Licensed Surveyors Maps, page
27, Contra Costa County Records, described as follows:
Beginning at the most easterly corner of said
Parcel "A" (55 L. S.M. 27) ; said point being the true point of
beginning of this description; thence from said true point of
beginning South 140 25' 47" West, 212. 11 feet to the most
southerly corner of said Parcel "A" (55 L.S.M. 27) ; thence
North 750 34' 13" West, 30.00 feet; thence North 140 25' 47"
East, 212 . 11 feet; thence South 750 34' 13" East, 30.00 feet
to the true point of beginning of this description.
Excepting therefrom:
(1) That portion thereof described in the Offer of
Dedication to the City of Concord, recorded April 12, 1977,
in Book 8281, Page 66, Official Records, as follows:
Beginning at the most easterly corner of said
Parcel "A" (55 L. S.M. 27) ; thence South 14° 25' 47" West,
9.35 feet; thence along the arc of a non-tangent curve to- the
left, center of which bears South 330 31' 25" West, having a
radius of 170 feet through a central angle of 100 25' 47", an
EXHIBIT A
Page 1 of 3
4
arc length of 30.95 feet; thence leaving said curve on a
non-radial line North 14° 25' 47" East, 1 .94 feet; thence
South 750 34' 13" East, 30.00 feet to the true point of
beginning.
(2) An undivided 1/2 interest in and to all oil,
gas, casinghead gasoline and hydrocarbons and mineral
substances below a point 500 feet below the surface of said
real property, together with the right to take, remove, mine
and dispose of said oil, gas, casinghead gasoline and other
hydrocarbons and minerals, as reserved in the deed from John
D. Bisso, Eleanor M. Bisso and Louis A, Bisso, each as to an
undivided 1/6 interest; and George Bisso, Edith I . B. Firpo,
Louise Minns and Rose Caperton, each as to an undivided 1/8
interest and recorded Septsrcmer 1, 1971, in Book 6468, Page
805, Official Records.
PARCEL THREE:
The easement described in the deed from Irving
Lutz, et al, to Duffel Financial and Construction Company,
recorded August 10, 1978, in Book 8961, Page 294, Official
Records, as follows:
An ingress-egress and utility easement over a
portion of Parcel "A" of the Record of Survey, filed
November 8, 1972, in Book 55 of Land Surveyor' s Maps, at page
27, in the office of the Contra Costa County Recorder, more
particularly described as follows:
Beginning at the common corner to Parcel "A" & "B"
(55 L. S.M. 27) on the easterly right of way line of Stanwell
Drive, the true point of beginning of this description;
thence from said true point of beginning South 750 34' 13"
East, 279 .00 feet; thence North 140 25' 47" East, 212 .04 feet
to a point on a curve on the southerly right of way of Bisso
Lane; thence westerly along the arc of said curve having a
radius of 170 feet the center of which bears South 160 06'
55" West; through a central angle of 01° 41' 08" an arc
length of 5.00 . feet; thence tangent to said curve along the
southerly right of way of Bisso Lane North 750 34' 13" West,
19.00 feet; thence leaving said Bisso Lane right of way South
140 25' 47" West, 198. 75 feet; thence North 750 34' 13" West,
255.00 feet to the easterly right of way line of Stanwell
Drive; thence along the right of way line of Stanwell Drive
South 140 25' 47" West, 13.36 feet to the true point of
beginning of this description.
EXHIBIT A
Page 2 of 3
v
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PARCEL FOUR:
The easement described in the deed from Irving
.Lutz, et al, to Duffel Financial and Construction Company,
recorded August 10, 1978, in Book 8961, Page 296, Official
Records, as follows:
An ingress-egress and utility easement over a
portion of Parcel "B" of the Record of Survey, filed
November 8, 1972, in Book 55 of Land Surveyor' s Maps, at page
27, in the office of the Contra Costa County Recorder, more
particularly described as follows: .
Beginning at the common corner to Parcels "A" & "B"
(55 L. S.M. 27) on the eastefly right of way line of Stanwell
Drive; thence from said point of beginning South 140 25' 47"
West, 10. 64 feet; thence South 750 34' 13" East, 227.00 feet;
thence North 14° 25' 47" East, 3 . 64 feet; thence South 75°
34' 13" East, 15. 00 feet; thence North 140 25 ' 47" East, 7 .00
feet; thence North 750 34' 14" West, 242.00 feet to the point
of beginning -of this description.
EXHIBIT A
Page 3 of 3
State of California )
County of eo ,eA CoS )
On �Ccr r.(5� mac} , 1994, before me,
,>2o�e,4 Notary Public, personally
appeared W H1 A,L 5:K , personally known to me
or ❑ proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies) , and that by
his/her/their signature(s) on the instrument the person(s) , or
the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
S 'g ture of Notary
h; OFFICIAL NOTARY SEAL
'•' `'` ROGER H.FROST
' = Notary Public—California
CONTRA COSTA COUNTY
My Comm.Expires APR 28,1995
3F2-28293.1
State of California )
County of San Francisco )
On December 9. , 1994 , before me,
Josephine S. Libunao Notary Public, - personally
appeared Francine Rockett personally known to me
or ❑ proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies) , and that by
his/her/their signature(s) on the instrument the person(s) , or
the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
14SMHE S.UBUNA0
CMM 11045198
"S 'gnature of otary WrMYMa c&FoR A
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SF2-28293.1
STATE OF CALIFORNIA )
} SS.
COUNTY OF CONTRA COSTA )
On before) me, Deputy Clerk,
Clerk of the Board of Supervisors, County of Contra Costa, State of California,
personally appeared, Gayle Bishop, Chair, Board of Supervisors, Contra Costa
County, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized capacity, and
that by her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
PHIL BATCHELOR, Clerk of the Board of
Supervisors and County Administrator
By
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De uty aerk