HomeMy WebLinkAboutMINUTES - 12042001 - SD.2 THE BOARD OF SUPERVISORS,!CONTRA COSTA COUNTY, CALIFORNIA
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Adopted this Resolution on December 4, 2001, by the following vote: • z
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema
NOES: None
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ABSENT: None
RESOLUTION NO. 2001/ 563
(Government Code § 25350)
SUBJECT: ADOPT Resolution No. 2001/ 563 to consummate purchase and accept
Grant Deed from Community Bank of Raymore, for Child Day Care at
55 Castlewood Drive, Pittsburg Area
C P# 01-40
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The Board of Supervisors of Contra Costa County, RESOLVES THAT:
This Board on October 16, 2001, 'passed Resolution of Intention No. 2001/491 and
Notice .fixing December 4, 2001, at 1:00 p.m. in its Chambers, County Administration
Building, 651 Pine Street, Martinez, California, as the time and place where it would meet
to consummate the purchase of the real property described therein from Community Bank
of Raymore, Successor Trustee to Centeree Bank of Kansas City, N. A., under the William
L. Abernathy Charitable Lead Trust, said. property being required for Community Services
Child Day Care purposes. Said Resolution was duly published in the Contra Costa Times
in compliance with Govt. Code Section 6063.
The Board hereby consummates said purchase and approves the Purchase
Agreement between Community Bank of Raymore, Successor Trustee to Centeree Bank of
Kansas City, N. A., under the William L. Abernathy Charitable Lead Trust, and the County
for a Child Day Care at Martinez, California, and authorizes the Public Works Director to
sign the Purchase Agreement on behalf:of the County.
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The County Auditor-Controller is hereby DIRECTED to issue a check in favor of Old
Republic Company, Escrow No. 313527, for $875,000 for said property for payment to
Grantor, upon conveying to the County a Deed therefor.
Said Deed is hereby ACCEPTED and the Real Property Division is ORDERED to
have it recorded, together with a certified copy of this resolution.
KAL:eh I hereby certify that this is a true and correct
G:\GrpData\RealProp\2001-Files\BOs&RES\BR17 Castlewood Drive.doc copy of an action taken and entered on the
Orig. Div: Public Works(R/P) minutes of the Board of Supervisors on the
Contact: Karen Laws(313-2228) date shown.
cc: County Administrator
Auditor-Controller(via R/P) ATTESTED: December 04, 2001
Community Services,Al Prince JOHN SWEETEN, Clerk of the Board of
Public Works Accounting Supervisors and County Administrator
County Recorder(via R/P)
By Deputy
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RESOLUTION NO. 2001/563
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Recorded at the request of:
Contra Costa County C
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Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Karen A. Laws
Assessor's Parcel No. 089-342-001
Title Co. Order No. 313527
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, COMMUNITY BANK OF RAYMORE,
SUCCESSOR TRUSTEE TO CENTEREE BANK OF KANSAS CITY, N.A., UNDER THE WILLIAM L.
ABERNATHY CHARITABLE LEAD TRUST
GRANTS to
CONTRA COSTA COUNTY, a political subdivision of the State of California,
The following described real property in the; City of Pittsburg, County of Contra Costa, State of
California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR
COMMUNITY BANK OF RAYMORE,
SUCCESSOR TRUSTEE TO CENTEREE
BANK OF KANSAS CITY, N.A., UNDER THE
WILLIAM L. ABERNATHY CHARITABLE
LEAD TRUST
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Date
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ATTACH APPROPRIATE ACKNOWLEDGMENT
w;Leh
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EXHIBIT "A"
The land referred to in this Report is situated in the County of Contra Costa. City of
Pittsburg. State of California, and is described as follows:
Lot "A", as shown on the Map of Subdivision 4929, filed August 29, 1977, Map Book
201 , Page 38, Contra Costa County Records.
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EXCEPTING THEREFROM:
Fifty percent (50%) of all oil, gas, casinghead gas, asphaltum and other hydrocarbons
and all chemical gas, now or hereafter found, situated or located in all or any portion of
the lands described herein lying more than five hundred feet (500') below the surface
thereof, together with the right to slant drill for and remove fifty percent (500/0) of all or
any of said oil, gas, casinghead gas, asphaltum and other hydrocarbons and chemical
gas lying below a depth of more than five hundred feet (500') below the surface thereof,
including the right to grant leases for all or any of said purposes, but without any right
whatsoever to enter upon the surface of said land or upon any portion thereof within
five hundred feet (500') vertical distance below the surface thereof, as reserved in the
Deed from Mildred E. Marks, a widow to Albert D. Seeno Construction Co., a limited
partnership, recorded August 16, 1971, in Book 6456, at Page 810, Contra Costa
County Records.
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(Being APN 089-342-001) j
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4.3. The vesting of title to the Property in the County by grant deed in fee simple absolute, free and
clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes
except the following "Approved Exceptions" as outlined in the Preliminary Report dated August
9, 2001 issued by Old Republic Title,Company:
A Covenants, conditions, restrictions and reservations of record, listed as exception 4.
B. Easements or rights of way of!record over said property, listed as exceptions 3 and 5.
4.4. The Old Republic Title Company's being prepared to issue a CLTA title insurance policy in the full
amount of the purchase price, subject only to the Approved Exceptions ("Titb Policy").
If County determines that any of these conditions have not been met, County shall have the right to
terminate this Agreement by delivering written notice to Grantor and, if applicable, the Escrow agent.
5. Escrow. By this Agreement, County and Grantor establish an escrow ("Escrow") with Old Republic Title
Company, Clayton, California, their Escrow. No. 313527 .("Title Company"). Grantor hereby authorizes
County to prepare and file escrow instructions with said Title Company, on behalf of Grantor, in
accordance with this Agreement. This includes authorization of the Title Company to withhold pro rata
taxes, liens and assessments on the Property conveyed.
5.1. Fees and Title Insurance. The County shall pay all escrow and recording fees incurred in this
transaction and, if title insurance is desired by the County, the premium charged therefor.
5.2 Grantor's Deposit into Escrow. On or before the Close of Escrow Grantor will deliver into Escrow
with the Title Company the following documents:
A. A grant deed, in recordable form and properly executed on behalf of Grantor, in a form
approved by County ("Grant Deed") conveying to County the Property in fee simple
absolute, subject only to the Approved Exceptions.
B. Copies of any effective leases, rental agreements or any other agreements, if any, which
the County has agreed in writing are to remain in effect after County takes title.
C. Grantor's affidavit of nonforeign status as contemplated by Section 1445 of the Internal
Revenue Code of 1986, as amended (26 USCA §1445] ("FIRPTA Affidavit"); and
D. Grantor's affidavit as contemplated by the Revenue and Taxation Code § 18662
("Withholding Affidavit").
5.3. Deposit of Purchase Price Into Escrow by County. Prior to the Close of Escrow, County will
deposit the Purchase Price into escrow with the Title Company.
5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the County ("Close
of Escrow). On the closing date,the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the County care of Karen A. Laws, Principal
Real Property Agent for the County (which shall be deemed delivery to the County);
B. Issue the Title Policy, if requested to do so by the County;
C. Prorate taxes, assessments, rents and other charges as provided by this Agreement;
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Parcel Number: 089-342-001 Grantor: Community Bank of Raymore,
Project Name: Kids Castle Successor Trustee to Centeree Bank of
Project Number: 3101 Kansas City, N.A., under the William L.
Abernathy Charitable Lead Trust
Address: 905 Military
Baxter Springs, Kansas 66713
PURCHASE AND SALE AGREEMENT BETWEEN
CONTRA COSTA COUNTY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa County, a political subdivision (hereinafter"County")
and Community Bank of Raymore, Successor Trustee to Centeree Bank of Kansas City, N. A., under the
William L. Abernathy Charitable Lead Trust (hereinafter"Grantor').
RECITALS
Grantor is the owner of approximately .84 acres of real property located in Contra Costa County, California and
described on Exhibit "A". attached hereto and incorporated herein by reference. The real property, including
improvements thereon, if any, are collectively referred to herein as the "Property".
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable
consideration, the receipt and adequacy of which arehereby acknowledged, the parties hereby agree as follows:
1. Effective Date. It is understood that this Agreement is subject to approval by the County's Governing
Board. This Agreement is effective on the date approved by the County's Governing Board ("Effective
Date"). This Agreement will be submitted to the Grantor first for approval, and thereafter to the County.
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and
County agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be Eight Hundred Seventy Five Thousand
Dollars ($875,000) ("Purchase Price").
3.1. All ad valorem real property taxes and any penalties and costs thereon, and all installments of any
bond or assessment that constitutes a'lien on the Property shall be cleared and paid by Grantor as
of the date title shall vest in County by the recordation of the deed herein pursuant to Sections
4986, 5082, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of
the date title vests.
4. Conditions to County's Performance. The County's obligation to perform under this Agreement is
subject to the following conditions:
4.1. Grantor's representations and warrarities in this Agreement being correct as of the date of this
Agreement and as of the Close of Escrow.
4.2. Grantor's performance of all obligations under this Agreement.
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D. Disburse to the Grantor the Purchase Price, less prorated amounts and charges to be paid
by or on behalf of Grantor;
E. Prepare and deliver to the County and to the Grantor one signed copy of the Title
Company's closing statement showing all receipts and disbursements of the Escrow.
If the Title Company is unable to simultaneously perform all of the instructionsset forth above, the Title
Company shall notify the Grantor and the County and retain all funds and documents pending receipt of
further instructions from the County.
6. Grantor's Representations and Warranties. Grantor makes the following representations and
warranties with the understanding that these representations and warranties are material and are being
relied upon by County. Grantor represents; and warrants to the County that as of the date of this
Agreement and as of the Close of Escrow:
6.1. Marketable Title. Grantor is the owner of the Property and has marketable and insurable fee
simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only
to the Approved Exceptions. No leases, licenses, or other agreements allowing any third party
rights to use the Property are or will be in force unless prior consent has been given by the County
in writing. Commencing with the full execution of this Agreement by both parties and until the
Close of Escrow, Grantor shall not permit any liens, encumbrances or easements to be placed on
the property other than the Approved,Exceptions, nor shall Grantor enter into any agreement that
would affect the Property that would be binding on the County after the Close of Escrow wihout
the prior written consent of the County'
6.2 Condition of Property. Grantor has disclosed to the County all information, records and studies
maintained by Grantor in connection with the Property concerning hazardous substances and that
Grantor is not concealing any knowledge of the presence of contamination or hazardous
substances on, from or under the Property. Any information that Grantor has delivered to the
County either directly or through Grantor's agents is accurate and Grantor has disclosed all
material facts with respect to the Property.
6.3 Other Matters Affecting Property. To the best of Grantor's knowledge, there are not presently any
actions, suits, or proceedings pending or, to the best of Grantor's knowledge, threatened against or
affecting the Property or the interest of Grantor in the Property or its use that would affect Grantor's
ability to consummate the transaction contemplated by this Agreement. Further, there are not any
outstanding and unpaid arbitration awards or judgments affecting title to any portion of the
Property. To the best of Grantor's knowledge there are not presently any pending or threatened
condemnation, eminent domain or similar proceedings affecting the Property. Grantor shall
promptly notify County of any of these'matters arising in the future.
6.4 Grantor's Agency. That this Agreement and all other documents delivered prior to or at the Close
of Escrow have been authorized, executed, and delivered by Grantor; are binding obligations of
the Grantor; and are collectively sufficient to transfer all of Grantor's rights to the Property.
In addition to any other remedies that may be available to the County as the result of a breach of any of
the foregoing warranties or representations, Grantor agrees to dEfend and hold the County harmless and
reimburse the County for any and all loss, cost, liability, expense, damage or other injury, including without
limitation, attorneys fees, incurred by reason of, or in any manner resulting from the breach of any of the
warranties and representations contained in this Agreement and all third-party claims arising out of or
related to any facts or circumstances with respect to the period prior to the Close of Escrow.
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the parties, but rather as if both parties had prepared it. The parties to his Agreement and their counsel
have read and reviewed this Agreement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the; drafting party shall not apply to the interpretation of this
Agreement. The Recitals are and shall be enforceable as a part of this Agreement.
15. Further Assurances. Whenever requested to do so by the other party, each party shall execute,
acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases,
powers of attorney, instruments of further assurance, approvals, consents and all further instruments and
documents as may be necessary, expedient,, or proper in order to complete all conveyances, transfers,
sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and
deliver all documents as requested in order to carry out the intent and purpose of this Agreement.
16. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a waver
of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and
executed by the waiving party
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17. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
18. Governing Law and Venue. This Agreement shall be governed and construed in accordance with
California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County,
California.
CONTRA COSTA COUNTY GRANTOR
COMMUNITY BANK OF RAYMORE, SUCCESSOR
TRUSTEE TO CENTEREE BANK OF KANSAS
CITY, N.A., UNDER THE WILLIAM L. ABERNATHY
CHARITABLE LEAD TRUST
RECOMMENDED FOR APPROVAL:
By J�-Y,
By
rincipal Real Property Agent
Date
(Date Signed by Grantor)
PPROVED:
By
Public Works Director
Date:
(Date of Board Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
KAL.eh
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7. County's Representations and Warranties! County warrants that, upon approval of this Agreement by
the County's governing body, this Agreement shall constitute a binding obligation of the County.
8. Hazardous Materials. The acquisition price of the property being acquired in this transaction reflects the
fair-market value of the property without the presence of contamination. If the property being acquired is
found to be contaminated by the presence of!hazardous waste which required mitigation under Federal or
state law, the County may elect to recover its cleanup costs from those who caused or contributed to the
contamination.
9. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this
Agreement shall survive the assignment, expiration or t✓rmination of this Agreement and shall not merge
in the deed or other documents following the delivery and recordation of said deed or other documents.
10. Possession of the Property. Possession of the Property shall be delivered to the County at the Clcse of
Escrow.
11. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding upon
the parties to this Agreement and their respective heirs, successors, and assigns.
12. Notices. All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as
follows:
Grantor: Mr. John T. Archer
Community Bank of Raymore
905 Military
Baxter Springs, Kansas 66713
Telephone: (316) 856-4400
County: Real Property Division '
Public Works Department
255 Glacier Drive j
Martinez, CA 94553
Telephone: (925) 313-2228
Attn: Karen A. Laws
or to such other addresses as County and Grantor may respectively designate by written notice to the
other.
1.3. Entire Agreement. The parties have herein; set forth the whole of heir agreement.The performance of
this agreement constitutes the entire consideration for said document and shall relieve the County of all
further obligation or claims on this account, or on account of the location, grade or construction of the
proposed public improvement. Grantor has 'no other right or claim to compensation arising out of or
connected with the acquisition of the subject property by the County, except as specifically set forth in this
Agreement, including but not limited to all claims forcompensation for improvements pertaining to realty,
all claims for compensation for fixtures, equipment or machinery, attorneys' fees, costs or damages of
every kind and nature by reason of County's acquisition of the subject property and agrees never toassert
such a claim.
14. Construction. The section headings and captions of this Agreement are, and the arrangement of this
instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions
and arrangement of this instrument do not:in any way affect, limit, amplify or modify the terms and
provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of
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EXHIBIT "A"
'The land referred to in this Report is situated in the County of Contra Costa. City of
Pittsburg, State of California, and is described as follows:
Lot "A", as shown on the Map of Subdivision 4929, filed August 29, 1977, Map Book
201 , Page 38, Contra Costa County Records.
EXCEPTING THEREFROM:
Fifty percent (50%) of all oil, gas, casinghead gas, asphaltum and other hydrocarbons
and all chemical gas, now or hereafter found, situated or located in all or any portion of
the lands described herein lying more than five hundred feet (500') below the surface
thereof, together with the right to slant drill for and remove fifty percent (50%) of all or
any of said oil, gas, casinghead gas, asphaltum and other hydrocarbons and chemical
gas lying below a depth of more than five hundred feet (500') below the surface thereof,
including the right to grant leases for all or any of said purposes, but without any right
whatsoever to enter upon the surface of,said land or upon any portion thereof within
five hundred feet (500') vertical distance below the surface thereof, as reserved in the
Deed from Mildred E. Marks, a widow to 'Albert D. Seeno Construction Co., a limited
partnership, recorded August 16, 1971 , in Book 6456, at Page 810, Contra Costa
County Records.
(Being APN 089-342-001 )
GAGrpCata\RealProp\2001-Files`,01-8\Exh A Subd4929.doc
8/21101
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• REQUEST TO SPEAR FORM •
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers'
rostrum b fore) addressing the Board.
Name: �� ( Phone:
Address: city:
I am speaking for myself j or organization:
of or anization)
CHECK ONE: az I wish to speak on Agenda It
My comments will be: general for against
I wish to speak on the subject of
OI do not wish to speak ut leave these comments for the
Board to consider: �_, �rT IJIRQyii�7J
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`10/01/01 MON 17:06 FAX 925 313 2333 CCC PUBLIC WORKS
• 0 002
HEARING CONFIRMATION FORM
(PURCHASE 1 CONVEYANCE)
Hearing date: D LZ'_n t{. 7.W_1
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Name of person phoning to request hearing: phone #: 3
Hearing date.confirmed with of Clerk of the Board staff on r f p- :A
(date)
Agend anguage (how it will read on calendar) for the date of the hearing:
Af. 00
1. Anticipated length of the hearing: S min. or less V or more
2. Is it controversial? Yes_ no
3. Noticing requirements:
Code section: Q
4_ Publication requireimnis: #of times #of daysbeforehearing
S. Who is to publish the notice? Clerk of the Board f/ PWD
(if applicable) who prepares the notice? Clerk of the Board PWD
It is the responsibility of the Department to provide the appropriate notice. Some notices are adopted by Board Resolution;
the publication tamer be ordered until the Resolution is adopted by the Bba-r�d'of Supervisors.
6. If posting of notice is required, who will post? T4
7. If mailing the notice is required, who will provide the clerk with the correct mailing list and labels?
S. When will this "fix hearing item" be listed on the Board agenda as a consent item?
Note; The Board Order fixing the hearing is a CAO consent item, and should be submitted by Wednesday, 13 days
prior to the date of the Board of Supervisors mewing). An original Hoard Order and "greenie" is sufficient. The
Executive Secretary will send it dowamwn with the Director, along with the other Hoard of Supervisors meeting
ruaterials, for approval, copying, and distribution by the Clerk of rife Board. Failure to submit the Board
Order/Resolution faxing the hearing in this time frame could result in die item being removed.from the agenda. -�
The Board Order/Resolution to be approved (contaimig the date of the hearing) should be submitted by Tuesday, two
weeks prior to the hearing (original phis 15 copies), with a "stickle" on top that has the word "hearing" and the
hearing date written on it. The original and 12 copies will be sent dowtatown with the Director on Wednesday
morning, 13 days prior to the date of the hearing, and he will give them to the Clerk of the Board.
SEND TIUS FORM- via fax - TO CLERK OF IME BOARD Wff7HN 24 HOURS
OF SETTING THE BEARING(BY FROND
(failure to do so could result in hearing date being dropped)
G:10rpDdia%RealPrnptFORM51Haaring Confrrmaoon Form(PVrehase Conveyance).doc
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10/01/01 MON 17:06 FAX 925 313 2333 CCC PUBLIC WORKS I�003
NOTICE OF INTENTION TO PURCHASE REAL PROPERTY
The Board of Supervisors of Contra Costa County declares its intention to purchase from
Community Bank of Raymore, Successor Trustee to Centeree Bank of Kancac City, N. A., under the
William L.Abemathy Charitable Lead Trust at a prfce of$879,040, the Child Day Care alto with buildings
containing approximately 6.504 square feet of floor space on approximately.84 acres of land loaMed et
55 Castlewood Drive,Pittsburg,Callfomia acrd more particularly described in Resofution No.2001/
of the Board and will meet at 9:00 A.M. on December 4, 2001, in its Chambers, County Administration
Building, 851 Pine Stmt, Martinez, California,to consummate the purchase.
Date(s)of Publication:
RESOLUT{API NO. 2001/
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Lie r �' � opt 1�oP s
Recorded at the request of: C
Contra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Karen A. Laws
Assessor's Parcel No. 089-342-001
Title Co. Order No. 313527
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, COMMUNITY BANK OF RAYMORE,
SUCCESSOR TRUSTEE TO CENTEREE BANK OF KANSAS CITY, N.A., UNDER THE WILLIAM L.
ABERNATHY CHARITABLE LEAD TRUST
GRANTS to
CONTRA COSTA COUNTY, a political subdivision of the State of California,
The following described real property in the; City of Pittsburg, County of Contra Costa, State of
California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR
COMMUNITY BANK OF RAYMORE,
SUCCESSOR TRUSTEE TO CENTEREE
BANK OF KANSAS CITY, N.A., UNDER THE
WILLIAM L. ABERNATHY CHARITABLE
LEAD TRUST
Date
ATTACH APPROPRIATE ACKNOWLEDGMENT
KAL:eh
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EXHIBIT "A"
The land referred to in this Report is situated in the County of Contra Costa, City of
Pittsburg, State of California, and is described as follows:
Lot "A", as shown on the Map of Subdivision 4929, filed August 29, 1977, Map Book
201 , Page 38, Contra Costa County Records.
EXCEPTING THEREFROM:
Fifty percent (50%) of all oil, gas, casinghead gas, asphaltum and other hydrocarbons
and all chemical gas, now or hereafter found, situated or located in all or any portion of
the lands described herein lying more than five hundred feet (500') below the surface
thereof, together with the right to slant drill for and remove fifty percent (50%) of all or
any of said oil, gas, casinghead gas, asphaltum and other hydrocarbons and chemical
gas lying, below a depth of more than five hundred feet (500') below the surface thereof;
including the right to grant leases for all or any of said purposes, but without any right
whatsoever to enter upon the surface of said land or upon any portion thereof within
five hundred feet (500') vertical distance below the surface thereof, as reserved in the
Deed from Mildred E. Marks, a widow to 'Albert D. Seeno Construction Co., a limited
partnership, recorded August 16, 1971 , in Book 6456, at Page 8 1.0, Contra Costa
County Records.
(Being APN 089-342-001)
G:`•,GrpD2t2\RealProp\2001-Files\01-8\Exh A Subd4929.doc
8/21/01