HomeMy WebLinkAboutMINUTES - 10112005 - C85 ef4r�
TO: REDEVELOPMENT AGENCY .••;,��. .� ����.��. Contra
• -�- � • Costa
FROM: JOHN SWEETEN, EXECUTIVE DIRECTOR :.��� �� County
DATE: OCTOBER 11, 2005
SUBJECT: Orbisonia Heights Property Acquisition, Bay Point Area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE Purchase and Sale Agreement and ACCEPT the Grant Deed from Christina M.
Smith and Kenneth P. Johnson for the purchase of parcel #094-015-010.
B. AUTHORIZE the Redevelopment Director to execute said Purchase and Sale Agreement on
behalf of the Redevelopment Agency
C. APPROVE payment of $399,000 for said property rights and AUTHORIZE the Auditor-Controller
to issue a check in said amount payable to Placer Title Company, 1981 N Broadway, Suite 100,
Walnut Creek, CA 94596, Escrow No.615-9136 to be forwarded to the Real Property Division for
delivery.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
ECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENNAT OF AG CY COMMIT
T
�PpROVE OTHER
SIGNATURE(S):
ACTION OF AG N �1 � G APPROVED )RECOMMENDED V OHER_
VOyOF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A TRUE AND
��UNANIMOUS(ABSENT tkAlAE
,Q0 CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: REDEVELOPMENT AGENCYS ON THE DATE
SHOWN
Contact: Maureen Toms,Community Development-335-7230 ATTESTED &X-o Carla Peccianti,Public Works Dept.313-2222
1 9 q
JOHN SWEETEN,AGENCY SECRLETARY
Orig.Div: Redevelopment
cc: Public Works Department(R/P) BY ,DEPUTY
County Administrator
Auditor-Controller(via R/P)
P.W.Accounting
Real Property
Redevelopment Agency
DABayPoint0evelopment Zone Zacquisition\Smith-Johnson S Broadway-BO.doc
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the
Office of the County Recorder
E. DETERMINE that the activity, acquiring real property, is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA guidelines; and
Direct the Redevelopment Agency to arrange for payment of the $25.00 handling fee to the
County Clerk for filing of the Notice of Exemption
lie Financiallmpact:
The activity is funded by Contra Costa County Redevelopment Agency (100%). No General Fund
money was used on this project.
Ills Reasons for Recommendation and Background:
The Contra Costa County Redevelopment Agency (Agency) is seeking a master developer for the
Orbisonia Heights site, located in Pittsburg/Bay Point BART Station Specific Plan Area southeast of
the State Highway 4/Baily Road interchange in the unincorporated community of Bay Point. These
property owners have stepped forward, requesting the Agency acquire their property in advance of a
Developer being selected for the project, to accommodate the timing of their move to a new home.
The purchase of the property is a negotiated sale based on an appraisal of the property.
Iva Consequences of Negative
The Agency will not be able to assemble this property with the current properties they already own.
Recorded at the request of:
Contra Costa County Redevelopment
Agency
Return to: OQ
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Carla Peccianti
Assessor's Parcel No. 094-015-010
Title Co. Order No. 615-9613
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, Christina M. Smith, an unmarried
woman and Kenneth P. Johnson, an unmarried man, as joint tenants
GRANT to
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing
under the laws of the State of California,the following described real property in the unincorporated
area of Bay Point, County of Contra Costa, State of California.
FOR DESCRIPTION SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF.
G RANTO
Date � �� �
C stina M. Oth
Kenneth P. Johnson
ATTACH APPROPRIATE ACKNOWLEDGMENT
G:\GrpData\RealProp\2005-F'I'Ies\05-9\Sm*lth&Johnson Grant Deed.doc
9/8/05
r
E IT °A••
LEGAL DESCRIMON
THE LAND'DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
CONTRA COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS:
LOT 50, A SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF ORBISONIA HEIGI3T55
CONTRA COSTA, CALIFORNIA"$ WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ON APRIL 229 1930, IN BOOK 21 OF
MAPS, PAGE 593.
AsPoN. 094-015-010
6
t
Parcel Number: 094-015-010 Grantor: Christina M. Smith and Kenneth P.Johnson
Project Name:,Orbinsonia,Heights Redevelopment Address: 585 S.Broadway Avenue,Bay Point,CA
Project Number: 4500-6X4082
PURCHASE AND SALE AGREEMENT BETWEEN
THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY �
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa. County Redevelopment.Agency, a body corporate
and politic existing under the laws of the State of California (hereinafter"Agency") and Christina M. Smith an
unmarried woman and Kenneth P. Johnson, an unmarried man, as joint tenants(hereinafter"Grantor").
RECITALS
Grantor is the owner of approximately 6250 square feet of real property located in the unincorporated community
of Bay Point, 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:
I. 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 NINETY-NINE
THOUSAND Dollars and 00/100($399,000.00) ("Purchase Price").
3.1. All ad-valorem real properly 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 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.
3.2. The Purchase Price shall be paid jointly to Christina M. Smith and Kenneth P. Johnson.
4. Conditions to Agency's Performance. The Agency's obligation to perform under this Agreement is
subject to the following conditions:
1
G:\GrpData\RealProp\2005-Files\05-9\Smith&Johnson Purchase and Sale Ag.doc
9/8/05
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 Agency by Grant Deed in fee simple absolute, free and
clear of all liens,, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except
the following "Approved Exceptions" as outlined in the Preliminary Title Report dated August 1,
2005, issued by Placer Title Company: 1%
A. Covenants, conditions,restrictions and reservations of record, listed as exceptions 3,4, 7, 8,
and 9.
B. Easements or rights of way of record over said property,listed as exceptions 6.
C. Other approved exceptions.
4.4. The Placer Title Company's being prepared to issue a CLTA title insurance policy in the full
amount of the purchase price, subject only to the Approved Exceptions("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, California, 94596 their Escrow No.
615-9136 ("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 30 days after the Effective Date 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 Agency ("Grant 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").
2
G:\GrpData\RealProp\2005-Files\05-9\Smith&Johnson Purchase and Sale Ag.doc
9/8/05
5.3. Deposit of Purchase Price into Escrow by Agency. Prior to the Close of Escrow, Agency 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 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 Carla Peccianti, Senior
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.
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 funds and documents pending receipt of
further instructions from the Agency.
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 Agency. Grantor represents and warrants to the Agency 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 Agency in
writing. Commencing with the full execution of this Agreement by both parties and until the Close
of Escrow, Grantor shall not pen-nit 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 prior
written consent of the Agency.
6.2 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,
6.3 Other Matters Affecting Property. To the best of Grantor's knowledge, there are not presently any
actions, suits, or proceedings pending or, to the best of Grantor's knowledge, threatened against or
affecting the Property or the interest of Grantor in the Property or its use that would affect Grantor's
3
G:\GrpData\RealProp12005-Files\05-9\Smith&Johnson Purchase and Sale Ag.doc
9/8/05
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,
6.4 Grantor's A ency. 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 maybe 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.
7. 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.
8. Not Tested-Unknown Hazardous Material Use. The Grantor hereby represents and warrants that
during the period of Grantor's ownership of the property, there have been no disposals, releases or
threatened releases of hazardous substances or hazardous waste on, from, or under the property. Grantor
further represents and warrants that Grantor has no knowledge of any disposal, release, or threatened
release of hazardous substance or hazardous waste on, from, or under the property which may have
occurred prior to Grantor taking title to the property.
The acquisition price of the property being acquired in this transaction reflects the fair-market value of
the property without the presence of contamination. If the property being acquired is found to be
contaminated by the presence of hazardous waste which requires mitigation under Federal or State law,
the Agency may elect to recover its clean-up costs from those who caused or contributed to the
contamination, or are otherwise responsible under State and 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 recordation of said deed or other documents.
the10. Possession of the Property. Possession of Property shall be delivered to the Agency at the Close of
Escrow.
11. 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: Christina M. Smith&Kenneth P. Johnson
585 Broadway S Avenue
Bay Point, CA 94565-4312
Telephone: (925)285-8146
4
G:\GrpData\RealProp\2005-Files\05-9\Smith&Johnson Purchase and Sale Ag.doc
9/8/05
Agency: Contra Cost County
Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2200
Attn: Carla Peccianti
or to such other addresses as Agency 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 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.
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.
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 maybe 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.
5
G:\GrpData\RealProp\2005-Files\05-9\Smith&Johnson Purchase and Sale Ag.doc
9/8/05
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.
AGENCY GRANTOR
Contra Costa County Redevelopment Agency
RECOMMENDED FOR APPROVAL: By
Chrisinao�--M. SmiW
- alillillillilllliiiiiiiiiiiiillllllllllllllllliiiiiliilillllllilililI
By By 1(,00loo'
Carla Peccianti Kenneth P. Johnson
Senior Real Property Agent
05 Date: q
By (Date Si ned Grantor)
Karen Laws
Principal Real Property Agent
APPROVED:
By
Redevelopment Agency Director �� �' �
Date
(Date of Board Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
6
G:\GrpData\RealProp\2005-Files\05-9\Smith&Johnson Purchase and Sale Ag.doc
9/8/05
EIL�IT uAn
LEGAL DESCRIP'T'ION
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
CONTRA COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS:
LOT 50, A SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF ORBISOIVIA HEIGHTS,
CONTRA COSTA, CALIFORNIA", WMCH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ON APRIL 22, 1930, IN BOOK 21 OF
MAPS, PAGE 593.
A,oP*No 094-015--010
. - `
CN
C). 0
LLJ
S6 001 09 001 z
CL 0
Cl 0
< @I En 0
o
/CON"h @j 00`
9 4@ (99 01
OG*M gal
FVW30 z40
0919 OTto ()g LEI La
< 000
ES JaR -v 0 fn I
JU. 0 C\i
LLJ
Lai
Ld El
.�
c�
'— Os \
LLJ in
tin IN
Lai Ae
Ida
��
~w
Iva
rl
be
C-D CL CL
C)
gn
$Ott N�j
� ^V.8DIH 3 ~IS
g4;a
E CIS
cn
/
|
----