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HomeMy WebLinkAboutMINUTES - 11042003 - C11-C15 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SI-SIU, PUBLIC WORKS DIRECTOR DATE: November 4, 2003 SUBJECT: Approve Termination and Relocation Settlement Agreement — AT&T. Accept Quitclaim Deed. State Route 4 East, Railroad Avenue to Loveridge Road, Pittsburg Area. District V. [SCH#2000112007] Project No.: 4060-6X4287 Task: ACO Account: 3540 SPECIFICyREQUEST(S)OR RECOMMEND ATION($)&BACKGROUND AND JUSTIFICATION i. Recommended Action: A. APPROVE the Termination and Relocation Settlement Agreement and ACCEPT the Quitclaim Deed dated October 15, 2003 from AT&T Wireless Services of California, LLC. B. AUTHORIZE Public Works Director, or designee, to execute said Termination and Relocation Settlement Agreement on behalf of the County. C. APPROVE payment of$131,004.00 for said property rights and AUTHORIZE the Auditor- Controller to issue checks in said amounts payable to: Continued on Attachment: x SIGNATURE: r .-_°keCCIMMENbA`ON OF COUNTY ADMINI� TRATOR _ RECOMMENDATION OF BOARD COMMITTEE .APPROVE OTHER 1 SIGNATURE(S): ACTION OF BO ON �"��`;:���% � a" �' {.� �� APPROVED AS RECOMMENDED "OTHER- ;� i i hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action takers and entered on the UNANIMOUS(ABSENT minutes of the Board of Supervisors on the AYES:_ NOES: date shown. ABSENT: ABSTAIN: ATTESTED: JOHN SWEETEN,Clerk of the Board of G:\GrpData\RealProp\2003-Files\BOs&RESiB0.02 ATT.doc Supervisors a County Administrator Orig. Div: Public Works(RIP) /� Contact: Olivia D. Reynolds(313-2306) By ,Deputy cc: County Administrator Auditor-Controller(via R/P) , P.W.Accounting Recorder(via RIP) Board Orders Senior Clerk,Adm. Subject: Approve Termination and Relocation Settlement Agreement — AT&T. Accept Quitclaim Deed. Pittsburg Area. District V. [SCH#2000112007] Date: November 4, 2003 Page: Page 2 I. Rammandad Action: (Continued) CLAIMANT CLAIM DATE PAYEE AMOUNT AT&T Termination & 10-16-03 Wireless Associates $37,472.00 Relocation Settlement 1313 Solano St., Ste. B Agreement Payment Corning, CA 96021 AT&T Termination & 10-16-03 Incline Partners, LLC $17,982.88 Relocation Settlement P.O. Box 6800 Agreement Payment Incline Village, NV 89450 AT&T Termination & 10-16-03 Armitage &Associates $9,081.76 Relocation Settlement 11704 Kirkwood Rd. Agreement Payment Herald, CA 95638 AT&T Termination & 10-16-03 Park Place Constructors $44,622.70 Relocation Settlement P.O. Box 70100 Agreement Payment Pt. Richmond, CA 94807 AT&T Termination & 10-16-03 Radian Corp. $21,844.66 Relocation Settlement P.O. Box 17322 Agreement Payment Denver, CO 80217 Please forward above checks to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Quitclaim Deed recorded in the Office of the County Recorder. if. Fiscal IMpaal: The payments totaling $131,004.00 to be made from the State Route 4 East Widening Project, Railroad Avenue to Loveridge Road, which is 100% reimbursable from Contra Costa Transportation Authority. Ill. Reago_nS for Recommandaflalas and lBa kground: AT&T Wireless Services of California had a cellular tower located on the northerly portion of 75 Bliss Avenue and was displaced because of the highway widening project. These payments complete the relocation entitlement required by Government Code § 7260, et. Seq. IV. ConsAqijances of Nagatgya ton: The County will not be in compliance with State and Federal law. Recorded at the request of: Contra Costa County I Return to: Contra Costa County " Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention; Olivia D. Reynolds Portion of Assessor's Parcel No. 088-171-028 QUITCLAIM DEED For Value Received, Bay Area Cellular Telephone Company, a California Partnership, by GMT Partners, a Delaware Partnership, its partner,AT&T Wireless Services of California, LLC, General Partner, by ATT Wireless Services, Inc,, its member, Do{es} hereby remise, release and forever quitclaim to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Pittsburg, area of the County of Contra Costa,'estate of California, FOR DESCRIPTION SEE EXHIBIT 'W' ATTACHED HERETO AND MADE A PART HEREOF. AT&T Wirele Services of California, LLC Date_ By By Its; ATTACH APPROPRIATE ACKNOWLEDGMENT G:1GrpData\RealProp0ivialSR 4 East-Railroad to Loveridge\A T Grant Deed.doo EXHIBIT t:g.: EXIHBIT"A" (LIST OF ALL FIXTURES AND EQUIPMENT TO BE ABANDONED BY TENANT) Monopole Monopole foundation Coaxial cable grounding system foundation for portable structure portable structure including air conditioning unit chain link fence asphalt electrical service telco service 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of California ss. County of On 3 before me, od Date ama and Title of Officer{e. .,"Jane Doe,tdotarry Pubic"} personally appeared Narrie(s ne"s) ersonally known to me 0 proved to me on the basis of satisfactory evidence k to be the person whose namee�iare subscribed to t2"within instrument and acknowledged to me that he hel ey executed �Y UPPOUS Gp'><rs i m0 1301 on the same in h'i er etr authorized capacity(i and t at by hisoheir >��� signature, n the instrument the person(s), or e0 ► ' the entity upon behalf of which the person'}`' �wr�rwirp�rr�w acted, executed the instrument. WITN S y d and official seal. t 0 Place Notary Seal Above nP tOic i OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. f• Description of Attached Document Title or Type of Document: — t` Document Date: /0 f� �'� Number of Pages: Signer(s)Other Than Named Above:_. Capacity(les) Claimed by Signer Signer's Name: "�' Individual Top of thumb here � -El Corporate Officer—Title(s): _ ❑ Partner— Limited ❑General ! EJ Attorney in Fact El Trustee ❑ Guardian or Conservator 0 Other: �. i, � Signer Is Representing: 01989 Nationat Notary Association-9360 06 Soto Ave.,P.C.Gorr 24402 Chatswo&,CA 91313.2402+www.nationatnotary.org Prod.No.5907 Reorder:Call Toll-Free Y-800.878-5627 TO: BOARD OF SUPERVISORS FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR DATE: November 4, 2003 SUBJECT: North Broadway Area Infrastructure— Phase III Project, Bay Point area. District V. (CDD-CP## 97-36] Project No.: 4500-6X5189 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. APPROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed dated October 20, 2003 from Lean! S. Lejano, Trustee, The Leani S. Lejano Trust dated January 12, 1993. B. AUTHORIZE the Public Works Director, or designee, to execute said Purchase and Sale Agreement on behalf of the County. C. APPROVE payment of $350,000 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Placer Title Company, 1981 North Broadway, Suite 100, Walnut Creek, CA 94596, Escrow No. 615-7739 to be forwarded to the Real Property Division for delivery. Continued on Attachment: x SIGNATU - ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE o,-- PROVE OTHER �,`✓ i 3 ✓ SIGNATURE(S): '•• � � ACTION OF BOA APPROVED AS RECOMMENDED OTHER {I VOTE OF COMMISSIONERS Lee)" 1 hereby certify that this is a true and correct copy of an action UNANIMOUS(ABSENT } taken and entered on the minutes of the Board of Supervisor AYES: NOES: on the date shown. ABSENT: ABSTAIN: ATTESTED:. ! i JOHN SWEETEN, clerk of the Board of Supervisors—and CP:eh DatalReaiProptCaria\board order\13013-M Lejano.doc County Administrator P:e Orig.Div. Public Works(R/P) Contact: Carla Peccianti, (313-2222) >est Recording to be completed by R/P By -11'e— a' , --„deputy cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting Redevelopment(via R/P) Board Orders Clerk Specialist,Adm. SUBJECT: North Broadway Area Infrastructure — Phase III Project, Bay Point area DATE: November 4, 2003 PAGE: 2 1. Recommended Action: (Continued) D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the Office of the County Recorder. II. Fiscal impact: The activity is funded by the Contra Costa County Redevelopment Agency (100%). No General Fund money was used on this project. 111. Reasons for Recommendation and-Background: The Bay Point Redevelopment Program has focused attention on the North Broadway area. Comprehensive infrastructure improvement, code enforcement, and infill housing are being coordinated to maximize impact. The Redevelopment Agency purchased the 8-acre Siino parcel in February 2001 for infill housing and with this additional 0.16377-acre parcel owned by Leani S. Lejano, Trustee, The Leani S. Lejano Trust dated January 12, 1993, will provide for the extension of West Siino Avenue for better circulation in the area. IV. Consequences of Negative Action The project will not have sufficient land rights to allow construction in accordance with the draft proposal. Recorded at the request of: Contra Costa County f Return to: Contra Costa County Redevelopment Agency 661 Fine Street,4 door North Wing Martinez, CA 94653- 1296 Attn: Maureen Toms Assessor's Parcel No. 096-020-010 Title Co. Order No.6157739 GDANT DEED For Value Received,receipt of which is hereby acknowledged,Leani S. Lejano,Trustee,The Leani S. Lejano Trust Dated January 12, 1993 GRANTS to CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a political subdivision of the State of California, 'the following described real property in Bay Point, unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR Date Leani S. Lejafio, T tee ATTACH APPROPRIATE ACKNOWLEDGMENT Meh GAGrpDatMRea1ProplCarta\Grant DeedstLejano 056020010.doc North Broadway Project Lejano A.P.N. 096-020-010 EXHIBIT «A„ Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the southeast quarter of the southeast quarter of Section 11, Township 2 North, Flange 1 West, Mount Diablo Meridian, described as follows: Fee Title Beginning at the northwest corner of Block A, as said corner is shown on the Map entitled "MAP OF BELLA MQNTE SUBDIVISION No.1", filed March 22, 1927 in Book 20 of Maps at page 546, records of Contra Costa County; thence along the northerly prolongation of the west line of said Block A, north 0056'00° east, 501.01 feet to the southeast corner of the parcel of land described in the deed from Francesco Macaluso, et ux, to Frank Macaluso, filed December 31, 1930 in Book 266 of Official Records at Page 107; thence east along the south line of said parcel (266 Q.R. 107) 142.27 feet to the westerly line of Bella Monte Avenue (50 feet wide); thence along said westerly line south, 50.00 feet to the northeast corner of said Block A (20 M 546); thence west along the north line of said Block A, 143.08 feet to the Point of Beginning. Containing an area of 7134 square feet of land, (0.16377 acres) more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. LtD Signat5s A sr 'fi� Licensed Land u eyor ` Contra Costa County Public Works * EXP-9/30/03 LS.6571 Date: G> NqT�t7 CAS G:\GrpDataNDesign\SURVEYS\Legais\Exhibits2003\Lejano.doo KT:js 9-11-2003 STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA } On October 20, 2003, before me, Carla Peccianti, a Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared Leani S. Lejano, 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. In witness whereof, I have hereunto set my hand the day and year first above written. Signature Dep u y Clerk. '" G.\GrpData\Rea1Prop\Car1a\Grant Deeds\AK.01 Le}ano.doc Yt Parcel Number: 096-020-010 Granter: Leani S. Lejano, Trustee Project Name: RCCA N. Broadway Project Acquisition Address: 101 N Bella Monte Avenue Project Number: 4500 6X6189 Bay Point, CA 94565 PURCHASE AND SALE AGREEMENT BETWEEN CONTRA COSTA COUNTY REDEVELOPMENT AGENCY AND GRANTOR NAMED HEREIN This Agreement is entered into by and between Contra Costa County Redevelopment Agency (hereinafter "Agency") and Leani S. Lejano, Trustee, The Leani S. Lejano Trust, dated January 1 , 1993(hereinafter "Grantor"). RECITALS Grantor is the owner in fee title of approximately 6970 square feet of real property located in Contra Costa Agency, 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 ether 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 Agency's Governing Board. This Agreement is effective on the date approved by the Agency's Governing Board ("Effective Date"). This Agreement will be submitted to the Grantor first for approval, and thereafter to the Agency. 2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and Agency agrees to purchase the Property. 3. Purchase Price. The purchase price for the Property shall be THREE HUNDRED FIFTY THOUSAND DOLLARS ($ 350,040.00) ("Purchase Price"). All ad valorem real property takes 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 Agency 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 Agency's Performance. The Agency'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, as defined herein. 4.2. Grantor's performance of all obligations under this Agreement. 4.3. The vesting of title to the Property in the Agency by grant deed in fee simple absolute, free and clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes that may effect the Property as outlined in the Preliminary Report dated August 25, 2003 issued by Placer Title Company, 1 4.4. Placer Title Company is 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 Agency determines that any of these conditions have not been met, Agency 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, Agency and Grantor establish an escrow ("Escrow") with Placer Title Company, 1981 N. Broadway, #100 Walnut Creek, CA 94596, their Escrow No. 615-7739 („Title Company"). Grantor hereby authorizes Agency 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 Agency shall pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the Agency, 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 farm approved by Agency ("brant Deed") conveying to Agency 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 Agency has agreed in writing are to remain in effect after Agency 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 Aaencv. Prior to the Close of Escrow, Agency Wit deposit the Purchase Price into escrow with the Title Company. 5.4. Close of Escrow. In order to accommodate the Grantor's 1033 exchange of income property, the closing date shall be no earlier than February 29, 2004. Escrow may close earlier if the Grantor notifies the County in writing that the County may close escrow prior to February 29, 2004 Escrow shall close upon th conveyance of the Property to the Agency ("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 Agency care of Carta Peccianti, Real Property Agent for the Agency (which shall be deemed delivery to the Agency); B. Issue the Title Policy, if requested to do so by the Agency; 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; E. Prepare and deliver to the Agency and to the Grantor one signed copy of the Title Company's closing statement showing all receipts and disbursements of the Escrow. 2 .......... ... ...... ............................................................................... . _. _. 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 Agency and retain all fund's and documents pending receipt of further instructions from the Agency. 6. Rightof Possession and Use of Subject Property. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the Agency or authorized representatives, including the right to remove and dispose of improvements, shall commence on January 2, 2004, or the close of the escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 3 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date 7. 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 Agency. Grantor represents and warrants to the Agency that as of the date of this Agreement and as of the Close of Escrow: 7.1. 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 Agency 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 Agency after the Close of Escrow without the prier written consent of the Agency. 7.2 Condition of Property. Grantor has disclosed to the Agency 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 Agency either directly or through Grantor's agents is accurate and Grantor has disclosed all material facts with respect to the Property. 7.3 Other Matters Affecting Properhr. 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 Agency of any of these matters arising in the future. 7.4 Granter'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 Agency as the result of a breach of any of the foregoing warranties or representations, Grantor agrees to defend and hold the Agency harmless and reimburse the Agency 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. 3 8. Agency's Representations and Warranties. Agency warrants that,upon approval of this Agreement by the Agency's governing body, this Agreement shall constitute a binding obligation of the Agency. 9. 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 acquisition costs reflect the fair-market value of the property without the presence of contamination. If site cleanup is required on the property, the Agency 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. 10. 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. 11. Possession of the Property. Possession of the Property shall be delivered to the Agency at the Close of Escrow. 12. 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. 13. 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: Leani S. Lejano 973 Goldenleaf Way Pittsburg, CA 94565 Telephone: (925)432-8242 Agency: Contra Costa County or Contra Costa County Redevelopment Agency Real Property Division 651 Pine Street, 4h Floor Public Works Department North Wing 255 Glacier Drive Martinez, CA 94553 Martinez, CA 94553 Attn: Maureen Toms Attn: Carla Peccianti Telephone (925) 335-1250 Telephone: (925) 313-2222 or to such other addresses as Agency and Grantor may respectively designate by written notice to the other. 14. 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 Agency 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 Agency, 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 Agency's acquisition of the subject property and agrees never to assert such a claim. 15. 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 4 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. 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. 17. 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 18. 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. 19 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 RECO FOR APPROVAL: �G't—� * 'T � By Lean! S. Lejano, Trustee By � �01"'It6vw ria Pec anti V f ZTI perty Agent Date 1 d (Date Signed by Grantor) By leKaren Uaws Principal Real Property Argent APPROVED: By C/ Mau ' Shiu Public Works Director Date: Ille 0 3 (date of B and pproval) NO OBLIGATION OTHER THAN"THOSE.SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A- Legal Description (FORM APPROVED BY COUNTY COUNSEL 6199) G:\GrpData\RealProp\2003-Files\03-1 O\Leani Lejano.doc 5 Recorded at the request of; Contra Costa County Return to: Contra Costa County Redevelopment Agency 651 pine Street, Floor North Wing Martinez, CA 94553 - 1296 EXHIBIT "A" Attn: Maureen Toms Assessors Parcel No. 096-020-010 Title Co. Order No. 615-7739 GRANT DEED For Value Received, receipt of which is hereby acknowledged,Leani S. Lejano,Trustee,The Leani S. Lejano Trust Dated January 12, 1993 GRANTS to CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a political subdivision of the State of California, the following described real property in Bay Point, unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR Date Leani S. Lejano, Trustee ATTACH APPROPRIATE ACKNOWLEDGMENT cp:eh G.1GrpDatatRea1Prop\Car1alGrant Deeds\Lelano 096020010.doc North Broadway Project Lejano A.P.N. 096-020.010 EXHIBIT "Al) Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the southeast quarter of the southeast quarter of Section 11, Township 2 North, Range 1 West, Mount Diablo Meridian, described as follows: Fee Title Beginning at the northwest corner of Block A, as said corner is shown on the Map entitled "MAP OF BELLA MONTE SUBDIVISION No.1", filed March 22, 1927 in Book 20 of Maps at page 546, records of Contra Costa County; thence along the northerly prolongation of the west line of said Block A, north 0056`00" east, 50.01 feet to the southeast corner of the parcel of land described in the deed from Francesco Macaluso, et ux, to Frank Macaluso, filed December 31, 1930 in Book 266 of Official Records at Page 107; thence east along the south line of said parcel (265 O.R. 107) 142.27 feet to the westerly line of Bella Monte Avenue (50 feet wide); thence along said westerly line south, 50.00 feet to the northeast corner of said Block A (20 M 546); thence west along the north line of said Block A, 143.08 feet to the Point of Beginning. Containing an area of 7134 square feet of land, (0.16377 acres) more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. y�.A€ D, Signatw-e-�. , X s Licensed Lanc1 Surveyor Contra Costa County Public Works EX 9/3O/D3 Date: lo- fi CAS G:1GrpData\Design\S U R VEYS1Legais\Exhibits20031Lejano.doo KT.,js 9-11-2003 r 13 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 4, 2003 SUBJECT: North Broadway Area Infrastructure— Phase III Project, Bay Point area. District V. [CDD-CP# 97-30) Project No. 0662-6R4141 Task: ACO Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed dated October 16, 2003 from Sergio D. and Grace Singhbhairo. B. AUTHORIZE the Public Works Director, or designee, to execute said Purchase and Sale Agreement on behalf of the County. C. APPROVE the payment of$390,000 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount {sayable to Placer Title Company, 1981 North Broadway, Suite 100, Walnut Creek, CA 94596, Escrow No. 615-5756 to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the Office of the County Recorder. Continued on Attachment: X -SIGNATURE: 4 ECOMMENDATION OF COUNTY ADMINI TRAT _RECOMMENDATION OF BOARD COMM! -APPROVE {:OTHER SIGNATURES}: ' ACTION OF BOAS ON S a%`°rte >; APPROVES?AS RECOMMENDED JC ESI VOTE OF SUPERVISORS ? UNANIMOUS (ABSENT_,/ I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LLO:cs:eh date shown. G:\GrpData\ReslProp\2003-Files\BOs&RES\BOB Singhbhario.doc ATTESTED: Orig. Civ: Public Works(R/P) JOHN SWEETEN,Clerk of the Board of Contact: Lucy Owens(513-2229) Recording to be completed by RIP Supervisors nd County Administrator cc: County Administrator 'F Auditor-Controller(via RJP) By Deputy P.W.Accounting Redevelopment(via RIP) Beard Orders Clerk Specialist,Adm. Subject: North Broadway Area Infrastructure•- Phase Ill Project, Bay Point area Date: November 4, 2003 Page: 2 II. Fiscallmpact: The activity is funded by Contra Costa County Redevelopment Agency (100%). III. Reasons for Recommendations and Background: These property rights are required for the North Broadway Area Infrastructure—Phase III Project, Bay Point area in accordance with the approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. Recorded at the request of. Contra Costa County - Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: L. Lucy Owens Assessor's Parcel No. 096-032-005 Title Co. Order No. 615-5756 GRANT DEED For Value Received, SERGIO D. SINGHBHAiRO AND GRACE SINAHAIRO, husband and wife as joint tenants GRANT(S)to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR DateL-vo-3 Sergio D. Singhbhai�,,.. Grace Singhbhairo ATTACH APPROPRIATE ACKNOWLEDGMENT October 28,2003 N.8madwayADE'i_Sing EXHIBIT "A„ The land described herein is situated in the State of California, County of Contra Costa, unincorporated area, and is described as follows: The East 163.75 feet of the North 50 feet of Lot 40, Block B, Map of Poinsettia Land Company, West Pittsburg Tract, Unit 1, filed ,lune 8, 1926, Map Book 19, Page 506, Contra Costa County Records. EXCEPTING THEREFROM: The interest conveyed to Contra Costa County by Deed recorded August 6, 1953, Book 2172, Official Records, Page 86. A.P.N. 096µ032-005 02-04tN.BroadwaytExSing STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On October 16, 2003, before me, L. Lucy Owens, Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared Sergio D. Singhbhairo and Grace Singhbhairo, who is personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted executed the instrument. In witness whereof, I have hereunto set my hand the day and year first above written. i I Signature C(A (Seal) ....... Deputy ClerkA— G:\GrpDatalRealProp\FORMS1AK.Ol.doo 4129103 Parcel Number:096-032-005 Grantor: Sergio Singhbhairo,et al Project Name: North Broadway Revitalization—Phase III Address: 53 Solano Avenue,Bay Point ProjectNumber: 0662-684141 PURCHASE AND SALE AGREEMENT BETWEEN CONTRA COSTA COUNTY AND GRANTOR NAMED HEREIN This Agreement is entered into by and between CONTRA COSTA COUNTY (hereinafter "County„) and SERGIO D. SINGHBHAIRO and GRACE SINGHBIIAIRO, husband and wife, as Joint Tenants (hereinafter"Grantor"). RECITALS Grantor is the owner of approximately.16 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 are hereby acknowledged, the parties hereby agree as follows: 1. Effective hate. 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. Purchases 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 Three Hundred Ninety Thousand Dollars($390,000.00)("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. 3.2 The consideration mentioned in paragraph 3 above includes total compensation FOR ALL RELOCATION ASSISTANCE AND RELOCATION BENEFITS TO WHICH grantor may be entitled under Federal or State law including those set forth in California Government Code Section 7260 et seq., 42 United States Code Section 4601 et seq., and Code of Civil Procedure Section 1263.5 10), and for damages of every kind and nature accruing by reason of the acquisition of the Property and the construction thereon of a public improvement as proposed by County. Grantor hereby waives, releases and discharges County, its officers, agents and employees, from any and all rights, claims, demands, causes of action, obligations, damages and liabilities, including without 1 limitation, attorneys' fees and costs, which Grantor now has or could assert now or at any time in the future against County arising from the acquisition of the Property for the construction thereon of a public improvement as proposed by County. Grantor expressly waives all rights under Section 1542 of the Civil Code of the State of California, which Grantor understands provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 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 clear of all liens, encumbrances, assessments,leases(recorded and/or unrecorded), and taxes except Item 4 "Approved Exceptions" as outlined in the Litigation Guarantee dated September 26,2003,issued by Placer Title Company. 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, CA 94596,their Escrow No. 615-5756("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 De r� sittin o Esernw. 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. 2 _..... ._............................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................... 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 L. Lucy Owens, 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; 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 instructions set forth above,the Title Company shall notify the Grantor and the Courcy and retain all funds and documents pending receipt of further instructions from the County. 6. Grantor's Representations and Warranties. Grantor mares 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 without 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 3 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 tither Matters Affecting Properly. 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 Grantcr'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. 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 proteetthe public health. The 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. night of Entry. From and after the Effective Date of this Agreement and at all times until this Agreement is terminated or title vests in the County, County shall have the right at all reasonable times to enter on the Property for the purposes of the County, including but not limited to conducting soils tests, surveys and studies. County will indemnify and hold Grantor harmless against any damages or costs arising from County's or County's designated persons' entry onto the Property,including but not limited to attorneys' fees and costs. 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. 4 ............................. ..................................................................... __ 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: Sergio and Grace Singhbhairo 53 Solano Avenue Bay Point,CA 94565 Telephone: (925)709-6802 County: Contra Costa County Real Property Division Public Works Department 255 Glacier Drive Martinez,CA 94553 Telephone: (925)313-2229 Attn:L.Lucy Owens 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 perform- ance 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 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 enforceableas 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 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 5 r 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. RECOMMENDED FOR APPROVAL: _�� By By_ , Sergi� 5�'iC�hairo �. Lucy,L:O ens Associate Real Property Agent By Grace Singhbhairo By Date v' �'/ ' ! o�r 0 Karen A.Laws � nncipal Real Property Agent (Date Signed y Grantor) APPROVED: By C/t , Ma .Shiu Public'Works Director Date:_ 1_1 b tk10 (Date f 14o- d Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A-Legal Description (FORM APPROVED BY COUNTY COUNSEL 6/99) LLOA G:\GrpDatalRealProp\2003-Piles\03-10tAG 12_Sing.cloc 1011€/03 6 EXHIBIT "A" The land described herein is situated in the State of California, County of Contra Costa, unincorporated area, and is described as follows: The East 163.75 feet of the North 50 feet of Lot 40, Black B, Map of Poinsettia Land Company, West Pittsburg Tract, Unit 1, filed June 8, 1026, Map Book 19, Page 506, Contra Costa County Records. EXCEPTING THEREFROM: The interest conveyed to Contra Costa County by Deed recorded August 6, 1953, Book 2172, Official Records, Page 86. A.P.N. 096-032-005 02-04\N.Broadway\ExS ing TO: BOARD OF SUPERVISORS FROM: MAURICE M. SH1U, PUBLIC WORKS DIRECTOR DATE: November 4, 2003 SUBJECT: North Broadway Area Infrastructure— Phase III Project, Bay Point area. District V. [CDD-CP# 97-36] Project No. 0662-684141 Task: ACCO Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed dated October 21, 2003 from Frank James. B. AUTHORIZE the Public Works Director, or designee, to execute said Purchase and Sale Agreement on behalf of the County. C. APPROVE the payment of$279,000 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Placer Title Company, 1981 North Broadway, Suite 100, Walnut Creek, CA 94596, Escrow No. 615-5757 to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the Office of the County Recor Continued on Attachment: X SIGNATURE: ECOMMENDATION OF COUNTY ADM 1ST TOR —RECOMMENDATION OF BOARD COMK41TTEE --PROVE OTHER SIGNATURE(S): ACTION OF BOAR[YON r_r :: 3Ns�v<s✓-b� Y APPROVED AS RECOMMENDED OTHER �• 1 VOTE OF SUPERVISORS UNANIMOUS(ABSENT �I' :^--" } AYES: NOES: I hereby certify that this is a true and carred ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the DRA:eh date shown. G:\GrpData\RealProp\2003-Files\BOs&RES\102003James FnIBO.doc Orifi. Div: Public Warks(RIP) ATTESTED:. `* C` Contact: Dick Awenius(313-2227) JOHN SWEETEN,Clerk of the Board of Recording to be completed by RIP Supervisors and County Administrator cc: County Administrator Auditor-Controller(via RIP) By c deputy P.W.Accounting Redevelopment(via R/P) Recorder(via RIP) Board orders Clerk Specialist, Adm. Subject: North Broadway Area Infrastructure — Phase 111 Project, Bay Point area Date: November 4, 2003 Page: 2 11. Fiscal lmpac#: The activity is funded by Contra Costa County Redevelopment Agency (100%). 111. Reasons for Recommendations and Background: These property rights are required for the North Broadway Area Infrastructure—Phase III Project, Bay Point area in accordance with the approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. Recorded at the request of: Contra Costa County �y kv 1 Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: Dick R. Awenius Assessor's Parcel No. 996-033-031 Title Co. Order No. 615-5757 RANT DEED For Value Received, FRANK JAMES, AN UNMARRIED MAN, hereby GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, the real property in the unincorporated area of the County of Contra Costa, State of California, described in Exhibit'A" attached hereto and made a part hereof. GRANTOR—FRANK JAMES Date Frank Jam ATTACH APPROPRIATE ACKNOWLEDGMENT DRA: 1�PW S1ISNARDATA1GrpQata\ReelProp102-041N.BroadwayADE1_James October 20,2003 James APN 096-033-031 North Broadway Revitalization Project Phase III Project No.: 0662-BR4141 EXHIBIT "Al' Parcel 1: Fee THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: A PORTION OF LOT 10, BLOCK B, AS SAID LOT AND BLOCK ARE SHOWN AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "POINSETTIA LAND COMPANY WEST PITTSBURG TRACT UNIT NO. 1', FILED .JUNE 8, 1926 IN MAP BOOK 19, PAGE 506, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 10, BLOCK B; THENCE SOUTH 50 FEET; THENCE EAST 163.75 FEET; THENCE NORTH 50 FEET; THENCE WEST 163.75 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: ALL THAT PORTION OF SAID LAND DESCRIBED IN THE RESOLUTION/GRANT DEED TO CONTRA COSTA COUNTY RECORDED . AUGUST 6, 1953 IN BOOK 2172 PAGE 86 OFFICIAL RECORDS. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signatur ----------- Licensed Land Surveyor ,` .� * UP.12-31-04 Date; 0 Cly G:\GrpDaia` sign\SURVEYS\Legals\Exhibits20031Appendiu A Bayp©int 2.doe RZ 1016103 STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On October 21, 2003, before me, Dick R. Awenius, Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared Frank Edward James, who is 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted executed the instrument. In witness whereof, I have hereunto set my e day and year first above written. Signarure Utz Dick R. Awenius Deputy Clerk G-,\GrpDatakRealProp\FORMS\AK.Ol.doe 4/29/03 :f> Parcel Number: 096-033-031 Grantor: Frank.Mmes Project Name: North Broadway Revitalization—Phase III Address: 52 Solano Avenue Project Number: 0662-684141 Bay Paint, California 94565 PURCHASE AND SALE AGREEMENT BETWEEN CONTRA COSTA COUNTY AND GRANTOR NAMED HEREIN This Agreement is entered into by and between CONTRA COSTA COUNTY (hereinafter"County") and FRANK JAMES, AN UNMARRIED MAN (hereinafter"Grantor"). RECITALS Grantor is the owner of approximately .16 acres of real property located in Centra 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 hereinas 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 a Effective Date. It is understood that this Agreement is subject to approval by the County's Governing Board, and shall be effective on the date approved by said Governing Board ("'Effective Date"). This Agreement will first be submitted to the Grantor for apDroval, and thereafter to the County. 2. Purchase and Sate. 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 Two Hundred Seventy-Nine Thousand and No/100 dollars ($273,000.00) ("Purchase Price"). 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: i iii DRA: 02-04in.broadwa)Aag12_James 1/13/2003 4:43 PM 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 clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except Item 3, 4 and 6 (the "Approved Exceptions") of Schedule B to the Litigation Guaranty dated September 26, 2003, issued by Placer Title Company. 4.4. Placer Title Company's being prepared to issue a CLIA 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 entice 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, CA 94596, their Escrow No. 6155757 ("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 assessment 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 Grantors' 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 Beed") 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 t*es 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 KL:DRA: 02-041n.broadwaylag 12_James 11/3/2003 4:43 PM 2 Affidavit"); and D. Grantor's affidavit as contemplated by the Revenue and Taxation Code§ 18662 ("Withholding Affidavit"). 5.3. De o�7 _Sit of Purchase Price Into Escrow by Counts 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 Dick R. Awenius, Senior 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; 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 each 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 shall 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 Countythat, 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 encumbrar+ces, 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 KL:DRA: 02-04\n.broadway+ag12 Janus 11!312003 4:43 PM 3 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 without 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 Propertu 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 Grantors' Agency. That this Agreement and all other documents delivered prior to or at the Close of Escrow have 1) been authorized, executed, and delivered by Grantor, 2) are binding obligations of the Grantor; and 3) 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 esult 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, atorneys 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 tte 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. KL:DRA: 02-041n.broadwaylag 12_J amen 11/3/2003 4;43 PM 4 8. Hazardous Materials. The Purchase Price reflects the fair-market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous waste, and cleanup is required, the County may elect to exercise its ight 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, or who are otherwise responsible under state or federal law. 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 recodation of said deed or other documents. 10. Right of Entry. From and after the Effective Date of this Agreement and at all times until this Agreement is terminated or title vests in the County, County shall have the right at all reasonable times to enter on the Property for the purposes of the County, including but not limited to conducting soils tests, surveys, and studies. County will indemnify and hold Grantor harmless against any damages or costs arising from County or County's designated persons' entryonto the Property, including but not limited to attorney's fees and costs. 11. Rental Agreement. It is hereby agreed that the County will rent the Property to Grantor using County's standard form Rental Agreement, a copy of which is attached hereto, commencing on the day following the Close of Escrow as defined herein, subject to all of the terms and conditions of the Rental Agreement. 12. Assionment 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. 13. 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: Frank James 52 Solano Avenue Bay Point, CA 94565 Telephone: (925)45840328 County: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: dick R. Awenius Telephone: (925) 313-2227 KL:DR : 02-04tn.broadwaylagl2 James 1113/2003 4:43 PM 5 or to such other addresses as County and Grantor may respectively designate by written notice to the other. 14. Entire Agreement. The parties have herein set forth the whole of their agreement.The perform- ance 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 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. 15. 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. 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. 17. Waiver. A waiver or breach of any covenant or provisbn 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. 18. Severability. If any term or provision of this Agreement shall, to my extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected. KL:DRA: 02-041n.broadway1ag12_James 11/3/2003 4:43 PM 6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted.this Resolution on November 4, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/667 SUBJECT: Approve and Authorize the Public Works Director to fully close all of San Pablo Avenue from Cummings Skyway to Wanda Street and Pomona Street from Wanda Street to 2nd Street on November 8th, 2003 from 8:00 a.m. to 8:00 p.m., for the purpose of the Carquinez Bridge Celebration, Crockett area. (District II RC 03-20 IT IS BY THE BOARD RESOLVED that permission is granted to State of California, Department of Transportation to fully close all of San Pablo Avenue from Cummings Skyway to Wanda Street and Pomona Street from Wanda Street to 2nd Streeton November 8th,2003 from 8:00 a.m. to 8:00 p.m. subject to the following conditions: 1. Traffic will be detoured via neighboring streets. 2. All signing to be in accordance with the State of California Manual of Traffic Controls. 3. State of California,Department of Transportation shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Obtain approval for the closure from the Sheriff s Department,the California Highway Patrol and the Fire District. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on 3FJe the date shown. G:\GraData\TransFng\2003\BO-TRaO Crockett road closure.doe Originator: Public Works(Transportation Engineering) November 4 X00 Contact: Jerry Fahy(313-2276) ATTESTED: JOHN SWEETEN,Clerk of the Board of Supervisors and County cc. CHP sheriff-Patrol Div.Commander Administrator dy By . ' '°•` M. '� '_--. _ _ Deputy RESOLUTION NO.2003/ 667