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THE BOARD OF %"V. PERVISORS, AS THE BOARD OF ...RECTORS OF THE
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
Adopted this Resolution on September 9, 2003, by the following vote:
AYES: StMnsORs GIOIA, UUMA, adEMC AM neSMMM
NOES: r
ABSENT: SUPEMSOR GLMM
RESOLUTION NO. 2003k12__
(Government Code §_25350)
SUBJECT: ADOPT Resolution No. 2003/519 to consummate purchase and accept the Grant Deeds
from Dale C. Adams, Marlene M. Delong and Judith L. Haye for the property located on
Railroad Avenue for the relocation of Fire Station 84. [CP# 03-12]
APN 085-190-035 and APN 086-190-036
Pittsburg Area, District V
Project No. 7038-6X5169
The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa
County Fire Protection District, RESOLVES THAT:
This Board on August 5, 2003, passed Resolution of Intention No. 2003/490 and Notice fixing
September 9, 2003, at 9:30 A.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 Dale C. Adams, Marlene M. Delong and Judith L. Haye, said property
being required for fire station purposes. Said Resolution was duly published in the Contra Costa Times
in compliance with Govt. Code Section 6463.
Can June 10, 2003, this Board determined that this activity will not have a significant effect on the
environment and that it has been determined to be exempt from the California Environmental Quality Act
under State CEQA guidelines Article 5, Section 15061 (b)(3).
The Board hereby consummates said purchase and approves the Purchase Agreements dated
July 16, 2003,between Dale C. Adams, Marlene M. Delong and Judith L. Haye and the District for a fire
station site at Railroad Avenue, Pittsburg, California, and AUTHORIZES the Public Works Director, or
designee, to sign the Purchase Agreements on behalf of the District.
CP:eh I hereby certify that this is a true and correct
G:\GrpData\RealProp12003-Files\BOs&RES\BR.16 Firs Station 84.doc copy of an action taken and entered on the
Orig.Div.: Public Works(WP)
minutes of the Board of Supervisors on the
date shown.
Contact: C. Pecciantl(313-2222)
cc: Auditor-Controller(via RIP) ATTESTED: SEMM 9,2003
Public Works Accounting JOHN SWEE=TEN,Clerk of the Board of
County Recorder(via R/P) Supervi rs and Coun Administrator
T.Torres,ES Environmental ri
Board Orders Senior Clerk,Adm. BY � `� Deputy
CDD-K. Piona p Y
CCCFPD-J. Ross
RESOLUTION NO. 2003155
Subject: Consummate Purchase and Accept Grant Deeds from Dale C.Adams, Marlene M. Delong
and Judith L. Haye for the property located on Railroad Avenue.
Date: September 9, 2003
Page: 2
The Board hereby DIRECTS the County Auditor-Controller to issue a check in favor of Placer Title
Company, Escrow Nos. 615-6994 and 615-6623, for $900,000.00 for said properties for payment to
Grantors, upon their conveying to the District the Deeds therefor.
Said Deeds are hereby ACCEPTED and the Real Property Division is ORDERED to have them
recorded, together with a certified copy of this resolution.
The Board hereby FINDS that this resolution superseded the action of this Board on August 5,
2003, with respect to the purchase of the property on Railroad Avenue, Pittsburg, CA.
RESOLUTION NO. 2003/519
Parcel Number: APN 086-190-0135 Grantor: Dale C. Adams, Marlene M. Delong and Judith L. Haye
Project Name: CCFPD ACQ & Relocation Station 84 Address: 1903 Railroad Avenue
£ j Pittsburg, CA 94565
{' Project Number: 7038-6X5169
PURCHASE AND SALE AGREEMENT BETWEEN
CONTRA COSTA COUNTY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between a Contra Costa County, a political subdivision of the State of
California hereinafter referred to as "County" and Dale C. Adams, Marlene M. Delong and Judith L. Haye,
hereinafter referred to as "Grantor".
RECITALS
Grantor is the owner of approximately 7,405 square feet of real property located in the City of Pittsburg, Contra
Costa County, California, described on Exhibit "A" and shown on Exhibit "B" 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 are hereby 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 NINETY-FOUR THOUSAND FOUR
HUNDRED FIFTY DOLLARS ($94,450.00) ("Purchase Price").
3.1 e All ad valorem real property taxes and any penalties and casts 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.
3.2. The Purchase Price shall be paid to Dale C. Adams, Marlene M. Delong and Judith L. Haye
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 warranties 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.
4.3. The vesting of title to the Property in the County by grant deed in fee simple absolute, free and
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clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes
except "Approved Exceptions" as outlined in the Preliminary Report dated November 11, 2002,
issued by Placer Title Company:
A. Easements or rights of way of record over said property, listed as exception(s) No. 3.
4.4. Placer Title Company is being prepared to issue a CLTA title insurance policy in the full amount of
the purchase price, subject only to the Approved Exceptions ("Title 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 Placer Title
Company, 1981 N. Broadway, #100 Walnut Creek, California, their Escrow No. 615-6623 ("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] ("PIRPTA 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 -C tjnty. Prior to the Close of Escrow, County will
deposit the Purchase Price into escrow with the Title Company. Escrow shall close on or before
72P, O�?
5.4. Closp of Fscrow. Escrow shall close upon the conveyance of the Property to the County ("Close
of Escrow). 4n the closing date, the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the County care of Carla Peccianti, Reai
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;
D. Disburse to the Grantor the Purchase Price, less prorated amounts and charges to be paid
by or on behalf of Grantor;
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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 instructions set 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 Ile, 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 bath 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 without
the prior written consent of the County.
6.2 Condition nf_PropertV. Grantor has disclosed to the County all information, records and studies
maintained by Granter 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 Prow. 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
withoutlimitation, 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.
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. It is understood that the property being acquired in this transaction may contain
hazardous waste requiring mitigation under State or Federal law to protect the public health. The
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a
acquisition costs reflect the fair-market value of the property without the presence of contamination. If
site cleanup is required on the property, the County may elect to exercise its right to pursue the
responsible parties to recover clean-up costs from those who caused or contributed to the hazardous
waste contamination on, in, or under the property.
9. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this
Agreement shall survive the assignment, expiration or termination 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 Close 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: Dale C. Adams, Marlene M. Delong and Judith L. Haye
907 Eagle Ridge Drive
Danville, CA 94506
Telephone: (925) 736-6918
County: Contra Costa County
Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2222
Attn: Carla Peccianti, Senior Real Property Agent
or to such other addresses as County and Grantor may respectively designate by written notice to the
other.
13. Entire Agreement. The parties have herein set forth the whole of their 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. Granter 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 for compensation 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 to
assert 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
the parties, but rather as if both parties had prepared it. The parties to this 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.
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' 16. 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
waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing
and executed by the waiving party
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
REC ENDED OR APPROVAL:
By gy
Carla Peccianti e C A
S 'or Real PropgAy Agent c
BY By
area Laws M rlene M. Delong
Principal Real Property Agent
By /
Jud€th L. i� `.
APPRCJV
BY Date
/03—
Maurice Shiu (Date Sig ed by G antor)
Public Warks Director
Date:
(Date of Board Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
Exhibit B---Plat Map
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