HomeMy WebLinkAboutMINUTES - 01172006 - C.2 r
1 !
TO: BOARD OF SUPERVISORS '`' ��`���' Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR S .,j m: ,
Costa
DATE: January 17, 2006 �q cO 9 coati CAy~ County
SUBJECT: Adopt Resolution Approving the sale of real property identified as APNs 087-030-008,087-195-020,087-193-
001, 087-193-002, 087-193-035, 098-193-036 and 087-400-018, located along Frontage Road to the City of
Pittsburg Redevelopment Agency for $1,065,000, Pittsburg area. District V. [SCH No. 97102003].
Project No. 4660-6X4287 I Task: REV Sub Account No. 0125
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
A. ADOPT a Resolution approving the sale of County-owned surplus properties to the City of Pittsburg
Redevelopment Agency by Grant Deed for $1,065, 000.00, in accordance with the terms and conditions of the
Purchase and Sale Agreement.
B. AUTHORIZE the Chair, Board of Supervisors, to execute the Purchase and Sale Agreement with the City of
Pittsburg Redevelopment Agency on behalf of the County, to consummate the sale.
C. AUTHORIZE the Chair,Board of Supervisors,to execute the Grant Deed on behalf of the County,conveying the
properties to the City of Pittsburg Redevelopment Agency.
Fiscal Impact:
Revenue in the amount of$1,065,000.00 from the sale of the properties located along Frontage Road in Pittsburg will be
reimbursed to the Contra Costa Transportation Authority (OCTA) under Org. 7856, Sub Account 9181.
Continued on Attachment: X SIGNATURE: (Nle
_,/kECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BO D N �tQr APPROVED AS RECOMMENDED OTHER
VOTE SUPE ORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN: 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
csp:eh
on the date shown.
G:\GrpData\RealProp\2005-Files\BOs&Reso\111505 Frontage Road BO.doc
Orig.Div:Public Works(R/P) 7
Contact: C.Piva-Sandoval(313-2012) ATTESTED: 6�a7M,4,XV 17i Q—?Ae-CO
Cc: County Administrator JOHN SWEETEN,Clerk of thlb.Ybard of Supervisors and
Auditor-Controller County Administrator
Assessor's Office
Community Development Dept.
Trina Torres,PW Env.Svcs
City of Pittsburg Redevelopment Agency By —� Imo'-15eputy
SUBJECT: Adopt Resolution Approving the Sale of real property identified as APNs 087-030-008, 087-195-020,
087-193-001,087-193-002,0 7-193-035,098-193-036 and 087-400-018,located along Frontage Road,to
the City of Pittsburg Redevelopment Agency, Pittsburg area. District V.
DATE: January 17, 2006
PAGE: Page 2
Reason for Recommendations and Background:
The County acquired properties on behalf of the Contra Costa Transportation Authority(CCTA)along Frontage Road in
the City of Pittsburg on January 5,2001;February 26,2001; July,2,2001; September 14,2001;October 4,2001;and by
Final Condemnation Order on April 8,2003, in connection with the State Route 4 East—Railroad Avenue to Loveridge
Road Project. CCTA no longer needs these properties for State Highway purposes and wishes to dispose of the parcels as
surplus property. The County has entered into a Purchase and Sale Agreement with the City of Pittsburg Redevelopment
Agency for a purchase price of$1,065,000.00 in order for the City to construct and develop affordable housing.
Consequences of Negative Action:
County will be liable and responsible for the maintenance of the properties located along Frontage Road in Pittsburg.
r
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 17, 2006, by the following vote:
AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/
(Streets & Highways Code § 960)
SUBJECT: ADOPT Resolution INo. 2006 A approving the sale of surplus real property
located along Frontage Road to the City of Pittsburg Redevelopment Agency.
[SCH No. 97102003]
Pittsburg Area. District V.
Project No. 4660-6X4287
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property on January 5, 2001; February 26,
2001; July 2, 2001; September 14, 2001; October 4, 2001; and by Final Order of Condemnation
Order on April 8, 2003, in the City of Pittsburg, described in Exhibit "A" attached hereto, for
highway purposes. Said properties are DETERMINED to be surplus and no longer necessary
for County or other public purposes. The parcels were purchased with Contra Costa
Transportation Authority (OCTA) Funds.
This Board hereby APPROVES and AUTHORIZES the sale of said properties to the City
of Pittsburg Redevelopment Agency , pursuant to Streets&Highways Code Section 960 and the
Chair, Board of Supervisors, is hereby AUTHORIZED to execute the Purchase and Sale
Agreement and the Grant Deed on behalf of the County, in consideration for the payment
received in full in the amount of$11065,000.00, the estimated fair market value of the properties.
The Board hereby DIRECTS that said funds be credited to the CCTA
Fund No. 498600, Org. 7856, Sulci. Account 0125.
The Real Property Division is DIRECTED to cause said Grant Deed to be delivered to the
grantee.
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G:\GrpData\RealProp\2005-Files\BOs&Reso\BIR.22 Frontage Road Parcels.doc
Orig.Dept.: Public Works(R/P)
Contact: C.PiAa-Sandoval(313-2012)
Recording to be completed by City of Pittsburg Redevelopment Agency
cc: Public Works Accounting
Public Works Records I hereby certify that this is a true and correct
Grantee(via R/P) copy of an action taken and entered on the
Recorder(via R/P) minutes of the Board of Supervisors on the
Community Development Dept. date shown.
ATTESTED:-,A?7ticL oZm0c
JOHN SWEETEN, Clerk a Board of
Supervisors and County Administrator
By Deputy
RESOLUTION NO. 2006//K
T
EXHIBIT "A"
Remainder of APN 087-030-008:
Land Description of a parcel of land sit uate in the City of Pittsburg, Contra Costa County,California,same parcel
being a portion of Parcel One and all of Parcel Two described in the Grant Deed to Contra Costa County,recorded
May 31, 2001 in Document No. 20011-0147481-00 in the Official Records of Contra Costa County, more
particularly described as follows:
Commencing at the southwest corner of said Parcel Two; Thence along the west line of Parcels One and Two,
North 17° 42' 14" East, 73.165 meters tI a point on the south line of Frontage Road; Thence along the south line
of Frontage Road for the following four (4) courses: (1) South 69° 53' 43"East, 21.287 meters to the beginning of
a curve to the right, (2) in an easterly diirection 49.051 meters along the are of said curve to the right, having a
radius of 488.730 meters and through a Central angle of 5°45' 01", (3)South 64°08' 41"East, 4.250 meters to the
beginning of a curve to the right, (4) in a southeasterly direction 8.714 meters along the arc of said curve to the
right, having a radius of 6.100 meters and through a central angle of 81° 50' 55" to a point on the east line of
Parcel One, same line common with the i est right of way line of Crestview Drive; Thence along the west right of
way line of Crestview Drive, South 171 42' 14" West, 61.124 meters to the southeast comer of Parcel Two;
Thence along the south line of Parcel Two,North 72° 17'46"West,79.533 meters to the Point of Beginning.
Containing 5613 Square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of 1983,Zone
3. Multiply distances shown by 1.0000639 to obtain ground level distances.
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot. Areas
shown are in square meters, multiply areal shown by 10.764 to convert to square feet.
This real property description has been prepared by me,or under my direction,in conformance with the
Professional Land Surveyors Act._,
Scott A. Shortlidge Date IO rn
Licensed Land Surveyor Il Exp'
California No. 6441 tJA 6441 .
TqT� CF CA��4��
Remainder of A.PN 087-195-020
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
and being a portion of Lot 112 as shown on the map of Subdivision 2451 filed August 21, 1956 in Book
65 of Maps, at Page 13 in the Official Records of said county, the same Lot 112 conveyed to Contra
Costa County by Grant Deed, recorded January 02, 2001 in Document No. 2001-0000067-00 in the
Official Records of said county; said parcel being more particularly described as follows:
Beginning at the southwest corner of Lot 112; Thence along the west line of Lot 112, North 170 42' 14"
East,6.561 meters to the beginning o f a curve to the right, same point being on the south line of Frontage
Road; Thence leaving said west lil e of Lot 112 and along the south line of Frontage Road for the
following two (2) courses: (1) in a northeasterly direction 9.837 meters along the arc of said curve to the
right,having a radius of 6.100 meters and through a central angle of 92° 24' 03", and (2) South 690 53'
43" East, 24.148 meters to a point on the east line of Lot 112; Thence along the east line of Lot 112,
South 17'42' 14"West, 11.644 meters to the southeast corner of Lot 112; Thence along the south line of
Lot 112, North 720 17'46"West, 30.482 meters to the Point of Beginning.
Containing 365.6 Square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances.
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot.
Areas shown are in square meters,multiply areas shown by 10.764 to convert to square feet.
This re roperty description has b ared by me,or under my direction, in conformance with the
P essio 1 Land Survey s
Scott A. Shortlidge Date v p CP�
Licensed Land Surveyor cvn m
California No. 6441
f1� S441
�Tq'F OF CAV-\F
Remainder of APN 087-193-001 &087-193-002
Land Description of a parcel of laid situate in the City of Pittsburg, Contra Costa County, California,
and being portions of Lots 109 and 110 as shown on the map of Subdivision 2451 filed August 21, 1956
in Book 65 of Maps, at Page 13 in the Official Records of said county, same Lots 109 and 110 as
conveyed to Contra Costa County liy Grant Deeds, recorded January 31, 2001 in Document No. 2001-
0022153-00 and recorded February) 14, 2001 in Document No. 2001-0034062-00 respectively in the
Official Records of said county; said parcel being more particularly described as follows:
Beginning at the southwest comer of Lot 109; Thence along the west line of Lots 109 and 110, North
17° 42' 14" East, 16.789 meters to a point on the south line of Frontage Road, Thence along the south
line of Frontage Road for the followiing two(2)courses: (1) South 69° 53' 43"East,24.776 meters to the
beginning of a curve to the right, (2) in a southeasterly direction 9.311 meters along the are of said the
right,having a radius of 6.090 meters and through a central angle of 87°35' 57"to a point on the east line
of Lot 109; Thence along the east line of Lot 109, South 17° 42' 14"East, 9.671 meters to the southeast
comer of Lot 109; Thence along the)south line of Lot 109,North 72° 17' 46"West, 30.480 meters to the
Point of Beginning.
Containing 485.0 Square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances.
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot.
Areas shown are in square meters,multiply areas shown by 10.764 to convert to square feet.
T ' r 1 property de ripVb� pared by me,or under my direction, in conformance with the
Profession and eySNOB--Scott A. Shortlidge Date
Licensed Land Surveyor ��, n
California No. 6441
441
DF CA���
Remainder of APN 087-193-036&087-193-035
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
I
and being portions of Lots 67 and 68 as shown on the map of Subdivision 2451 filed August 21, 1956 in
Book 65 of Maps, at Page 13 in the Official Records of said county, same Lots 67 and 68 as conveyed to
Contra Costa County by Grant Deelds, recorded July 17, 2001 in Document No. 2001-0203725-60 and
recorded December 26, 2000 in Document No. 2000-0289333-00 respectively in the Official Records of
said county; said parcel being more particularly described as follows:
Beginning at the southwest comer I f Lot 68; Thence along the west line of Lot 68, North 17° 42' 14"
East, 11.716 meters to the beginning of a curve to the right, same point being on the south line of
Frontage Road; Thence along the south line of Frontage Road for the following two (2)courses: (1) in a
northeasterly direction 9.821 meters along the arc of said curve to the right, having a radius of 6.090
meters and through a central anglelof 92° 24' 03", and (2) South 69° 53' 43" East, 24.156 meters to a
point of the east line of Lot 67; Thence along the east line of Lots 67 and Lot 68, South 17° 42' 14"
West, 16.789 meters to the southeast corner of Lot 68; Thence along the south line of Lot 68,North 72°
17' 46"West, 30.480 meters to the Point of Beginning.
Containing 522.4 Square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of
1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances.
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot.
Areas shown are in square meters,multiply areas shown by 10.764 to convert to square feet.
This real property description has b repared by me,or under my direction,in conformance with the
P ess nal Land S or t
Scott A. Shortlidge Date
Licensed Land Surveyor V) rri
California No. 6441 Exp t b{p
s� N.g o�t49 �t
qTE OF CA�f��
Remainder of Subdivision 4648 APN 087-400-018
Land Description of the undivided remainder of several subdivided lots situate in the City of
Pittsburg, Contra Costa County, California; and being all of lot(s) 1, 2, 10, 11, 12, 13, 14, 15, 16
and the remainder portions of IOt(S) 3, 9 and 17 as created by that certain Subdivision 4648
recorded December 28, 1976 in Book 192 of Maps, at Page 9 in the Official Records of said
County, same subdivided lot(s) 1, 2, 12, 15, and 16 conveyed to Contra Costa County by Grant
Deeds recorded respectively as Lot 1 -recorded July 02, 2001 as document no. 2001-0187434-
00, Lot 2 - recorded October 4, 2001 as document no. 2001-0299124-00, Lot 12 - recorded
January 5, 2001 as document n I. 2001-0002804-00, Lot 15 - recorded February 26, 2001 as
document no. 2001-0042736-00, and Lot 16 - recorded September 14, 2001 as document no.
2001-0275301-00; and same subdivided lot(s) 3, 7, 8, 9, 10, 11, 13, 14, and 17 as described in
the Final Condemnation Order in favor of Contra Costa County recorded on April 08, 2003 as
document number 2003-0160431-00; said undivided remainder being more particularly
described as follows:
Commencing at a 1-112 inch iron pipe (not tagged) found and accepted as the northeast corner
of Lot 111 of Subdivision 2451, recorded August 21, 1956 in Book 65 of Maps on Page 13,
same corner being the northweslt comer of said Subdivision 4648; Thence along the common
line between Subdivisions) 4648 & 2451, South 170 42' 14"West-23.984 meters to a point on
the South right of way line of Frontage Road; Thence across Lots 9, 17, and 3 of Subdivision
4648, South 690 53' 43" East, 79.154 meters to a point on the east line of said Lot 17 of
Subdivision 4648; Thence along the east line of Lot 17, South 170 42' 14" West - 46.761
meters to the southeast corner of Lot 17, same corner being common with the southeast corner
of Subdivision 4648; Thence along the south line of Subdivision 4648, North 720 17' 46" West—
79.085 meters to the southwest! corner of Subdivision 4648; Thence along the west line
Subdivision 4648, North 170 42' 14" East—50.076 meters to the Point of Beginning.
Containing 3829.2 square meters of land area more or less.
Bearings and distances used in the above description are based on the California Coordinate
System of 1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level
distances.
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S.
survey foot. Areas shown are in square meters, multiply areas shown by 10.764 to convert to
square feet.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyors Act.
Scott A. Shortlidge 1 • Ez?• i Date
Licensed Land Surveyor ? 'S441
0 CA
California No. 6441gTF F ��Y� �
A
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
Attn: C. Pina-Sandoval
Portions ofAPNs: 087-030-008, 087-195-020, 087-193-001, 002, 035 &036, and 087-400-018
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a p I litical subdivision of the State of California,
Grants to the REDEVLOPMENI AGENCY OF THE CITY OF PITTSBURG, a public body
corporate and politic the following described real property in the County of Contra Costa, State
of California. I
FOR DESCRIPTION SEE EXHIBIT "A' ATTACHED HERETO AND MADE A PART
HEREOF.
CONTRA COSTA COUNTY
Datedy'�rrur�-s x,006 8y
-aL
Ch-air, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
OrN"•47,400Ebeforeme,Eme,✓4r C• 1V r/�
Deputy Clerk of the Board of Supervis r�• Con�[a, os
County, personally appeared K 0/�YJ WIO/A,
who is personally known to me for proved to me on the
basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s) acted
executed the instrument.
57
By:
Deputy Clerk
:csp:eh
G:\GrpData\RealProp\SR4@RailroadAve\2005sr4@RR\DE.03 Frontage Road Parcel.doc
11/15/05
0
EXHIBIT "A"
Remainder of APN 087-030-008:
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County,California, same parcel
being a portion of Parcel One and all of Parcel cTwo described in the Grant Deed to Contra Costa County,recorded
I
May 31, 2001 in Document No. 2001-0147481-00 in the Official Records of Contra Costa County, more
particularly described as follows:
Commencing at the southwest comer of said Parcel Two; Thence along the west line of Parcels One and Two,
North 17°42' 14"East, 73.165 meters to i point on the south line of Frontage Road; Thence along the south Iine
of Frontage Road for the following four(4)courses: (1) South 69°53' 43"East,21.287 meters to the beginning of
a curve to the right, (2) in an easterly direction 49.051 meters along the arc of said curve to the right, having a
radius of 488.730 meters and through a central angle of 50 45' 01", (3) South 64° 08' 41"East,4.250 meters to the
beginning of a curve to the right, (4) in I southeasterly direction 8.714 meters along the arc of said curve to the
right, having a radius of 6.100 meters and through a central angle of 81° 50' 55" to a point on the cast line of
Parcel One, same line common with the I est right of way line of Crestview Drive; Thence along the west right of
way line of Crestview Drive, South 17I 42' 14" West, 61.124 meters to the southeast comer of Parcel Two;
Thence along the south line of Parcel Two,North 720 17' 46"West, 79.533 meters to the Point of Beginning.
Containing 5613 Square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of 1983,Zone
I
3. Multiply distances shown by 1.0000639 to obtain ground level distances.
I
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot. Areas
shown are in square meters,multiply areas shown by 10.764 to convert to square feet.
This real property description has been prepared by me,or under my direction, in conformance with the
Professional Land Surveyors Act. I
Scott A. Shortlidge I Date " rn
Licensed Land Surveyor ll Exp' �t
California No.6441 J, ��A 54[}' ►
lgTF 0F
Remainder of APN 087-195-020
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
and being a portion of Lot 112 as shown on the map of Subdivision 2451 filed August 21, 1956 in Book
65 of Maps, at Page 13 in the Official Records of said county, the same Lot 112 conveyed to Contra
Costa County by Grant Deed, recorded January 02, 2001 in Document No. 2001-0000067-00 in the
Official Records of said county; said parcel being more particularly described as follows:
Beginning at the southwest corner o ILot 112;Thence along the west line of Lot 112, North 17°42' 14"
East,6.561 meters to the beginning of a curve to the right, same point being on the south line of Frontage
Road; Thence leaving said west line of Lot 112 and along the south line of Frontage Road for the
following two (2) courses: (1) in a northeasterly direction 9.837 meters along the are of said curve to the
right,having a radius of 6.100 meters and through a central angle of 92° 24' 03", and(2) South 69° 53'
43" East, 24.148 meters to a point on the east line of Lot 112; Thence along the east line of Lot 112,
South 17°42' 14"West, 11.644 meters to the southeast corner of Lot 112; Thence along the south line of
Lot 112,North 72° 17'46"West, 301482 meters to the Point of Beginning.
Containing 365.6 Square meters of land area,more or less.
Bearings and distances used in the labove description are based on the Califomia Coordinate System of
1983,Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances.
I
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot.
Areas shown are in square meters, multiply areas shown by 10.764 to convert to square feet.
This re roperty description has b ared by me,or under my direction, in conformance with the
P essio 1 Land Survey s
i
Scott A. Shortlidge Date p� <P
Licensed Land Surveyor r'
California No. 6441 Exp.
F3� 5449
sTq'f OF CPtitF�P�
Remainder of APN 087-193-001 & 087-193-002
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
and being portions of Lots 109 and 11011 as shown on the map of Subdivision 2451 filed August 21, 1956
in Book 65 of Maps, at Page 13 in the Official Records of said county, same Lots 109 and 110 as
conveyed to Contra Costa County by Grant Deeds, recorded January 31, 2001 in Document No. 2001-
0022153-00 and recorded February 14, 2001 in Document No. 2001-0034062-00 respectively in the
Official Records of said county;said parcel being more particularly described as follows:
I
Beginning at the southwest comer of Lot 109; Thence along the west Iine of Lots 109 and 110, North
17° 42' 14" East, 16.789 meters to a point on the south line of Frontage Road, Thence along the south
line of Frontage Road for the following two(2)courses: (1) South 691 53' 43"East,24.776 meters to the
beginning of a curve to the right, (2)1
in a southeasterly direction 9.311 meters along the are of said the
right,having a radius of 6,090 meters and through a central angle of 87°35' 57"to a point on the east line
of Lot 109; Thence along the east line of Lot 109, South 17° 42' 14" East, 9.671 meters to the southeast
comer of Lot 109;Thence along the south Iine of Lot 109,North 72° 17' 46"West, 30.480 meters to the
Point of Beginning.
Containing 485.0 Square meters of 1and area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances,
Distances shown are in meters,multiply distances shown by 3.28083333 to convert to U.S. survey foot.
Areas shown are in square meters,multiply areas shown by 10.764 to convert to square feet,
T ' r 1 property de ripti n h be p pared by me,or under my direction,in conformance with the
Profession and eyo t
� SHOR
Scott A. Shortlidge Date
Licensed Land Surveyor r 1
z
California No.6441 � �@'
i ° X441
�� `0 cpk
Remainder of APN 087-193-036& 087-193-035
Land Description of a parcel of land I ituate in the City of Pittsburg, Contra Costa County, California,
and being portions of Lots 67 and 68 al shown on the map of Subdivision 2451 filed August 21, 1956 in
Book 65 of Maps, at Page 13 in the Official Records of said county, same Lots 67 and 68 as conveyed to
Contra Costa County by Chant Deeds! recorded July 17, 2001 in Document No. 2001-0203725-60 and
recorded December 26, 2000 in Document No. 2000-0289333-00 respectively in the Official Records of
said county; said parcel being more particularly described as follows:
Beginning at the southwest comer of Lot 68; Thence along the west line of Lot 68, North 171 42' 14"
East, 11.716 meters to the beginning of a curve to the right, same point being on the south line of
Frontage Road; Thence along the south line of Frontage Road for the following two (2) courses: (1) in a
northeasterly direction 9.821 meters lalong the arc of said curve to the right, having a radius of 6.090
meters and through a central angle of 92° 24' 03", and (2) South 69° 53' 43" East, 24.156 meters to a
point of the east line of Lot 67; Thence along the east line of Lots 67 and Lot 68, South 170 42' 14"
West, 16.789 meters to the southeast!corner of Lot 68; Thence along the south line of Lot 68,North 72°
17' 46"West, 30.480 meters to the Point of Beginning.
I
Containing 522.4 Square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances sliown by 1.0000639 to obtain ground level distances.
I
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot.
Areas shown are in square meters,multiply areas shown by 10.764 to convert to square feet.
This real property description has blrepared by me,or under my direction, in conformance with the
TPess nal Land S or t
Scott A. Shortlidge I Date ��
Licensed Land Surveyor v m
California No. 6441
sT. N.g
ATF QF CA�f�4
i
Remainder of Subdivision 4648 AEN 087-400-018
Land Description of the undivided Iremainder of several subdivided lots situate in the City of
Pittsburg, Contra Costa County, California; and being all of lot(s) 1, 2, 10, 11, 12, 13, 14, 15, 16
and the remainder portions of lot(s) 3, 9 and 17 as created by that certain Subdivision 4648
recorded December 28, 1976 in Bo ok 192 of Maps, at Page 9 in the Official Records of said
County, same subdivided lot(s) 1, 2I 12, 15, and 16 conveyed to Contra Costa County by Grant
Deeds recorded respectively as Lot 1 recorded July 02, 2001 as document no. 2001-0187434-
00, Lot 2 - recorded October 4, 2001 as document no. 200170299124-00, Lot 12 - recorded
January 5, 2001 as document no. 2001-0002804-00, Lot 15 - recorded February 26, 2001 as
document no. 2001-0042736-00, and Lot 16 - recorded September 14, 2001 as document no.
2001-0275301-00; and same subdivided lot(s) 3, 7, 8, 9, 10, 11, 13, 14, and 17 as described in
the Final Condemnation Order in favor of Contra Costa County recorded on April 08, 2003 as
document number 2003-0160431-00; said undivided remainder being more particularly
described as follows:
Commencing at a 1-1/2 inch iron pipe (not tagged)found and accepted as the northeast corner
of Lot 111 of Subdivision 2451, recorded August 21, 1956 in Book 65 of Maps on Page 13,
same corner being the northwest corner of said Subdivision 4648; Thence along the common
line between Subdivisions) 4648 & 2451, South 170 42' 14" West-23.984 meters to a point on
the South right of way line of FLtage Road; Thence across Lots 9, 17, and 3 of Subdivision
4648, South 690 53' 43" Eastl 79.154 meters to a point on the east line of said Lot 17 of
I
Subdivision 4648; Thence along the east line of Lot 17, South 170 42' 14" West - 46.761
meters to the southeast corner of Lot 117, same corner being common with the southeast corner
of Subdivision 4648; Thence along the south line of Subdivision 4648, North 720 17' 46" West—
79.085 meters to the southwest corner of Subdivision 4648; Thence along the west line
Subdivision 4648, North 17°42' 14" East—50.076 meters to the Point of Beginning.
Containing 3829.2 square meters of land area more or less.
Bearings and distances used in the above description are based on the California Coordinate
System of 1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level
distances.
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S.
survey foot. Areas shown are in square meters, multiply areas shown by 10.764 to convert to
square feet.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyo Is Act.
I
Scott A. Shortlidge I Ez?• �' }t Date
Licensed Land Surveyor I s wo- 6441 art
4•
California No. 6441 TgTF OF CA\-\Ffl
PURCHASEI AND SALE AGREEMENT BETWEEN
CONTRA COSTA.COUNTY AND THE
REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG
This Purchase and Sale Agreement (the "Agreement") is entered into by and between CONTRA COSTA
COUNTY (hereinafter "COUNTY") andl the Redevelopment Agency of the City of Pittsburg (hereinafter
"AGENCY").
RECITALS
COUNTY is the owner of approximately 2.67 acres of real property and an occupied single family residence with
a site address.of 2105 Abbott Avenue located in the City of Pittsburg commonly referred to as the remainders of
Contra Costa County Assessor Parcels 087-030-008, 087-195-020, 087-193-001, 087-193-002, 087-193-035,
087-193-036 and 087-400-018 as shown on Exhibit "A" attached hereto and incorporated herein by reference
together with a legal description of the+ property set forth in Exhibit "B" attached hereto. The real property,
including improvements thereon are collectively referred to as the "Property".
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable
consideration, the receipt and adequacyof which are hereby acknowledged, the parties hereby agree as follows:
1. Purchase and Sale. Subject to Ithe terms and conditions in this Agreement, COUNTY agrees to sell and
AGENCY agrees to purchase the Property.
2. Purchase Price. The purch Ise price for the Property shall be One Million Sixty-Five Thousand
($1,065,000) (the "Purchase Price").
2.1 Assessments. All installments of any bond or assessment that constitutes a lien on the Property
as of the date title vests in AGENCY shall be assumed by AGENCY by the recordation of the
deed herein.
2.2 De osit. Within three (3) business days following the execution of this Agreement, the AGENCY
shall deposit with the Title Company, as defined below, TEN THOUSAND DOLLARS ($10,000.00)
as an earnest money deposit (the "Deposit"). The Deposit and all accrued interest shall be fully
refundable to the AGENCY in the event that AGENCY timely exercises its rights to terminate the
Agreement under Section 8 below. The Deposit shall be credited against the Purchase Price at
the Close of Escrow. Any accrued 'interest on the Deposit shall be released to the AGENCY.
2.3 Balance of The Purcha I e Price. The AGENCY shall deposit into Escrow the purchase price in the,
amount of One Million Fifty-Five Thousand ($1,055,000) no later than one (1) business days prior
to the Closing Date.
3. Conditions to AGENCY's Performance. AGENCY's obligation to perform under this Agreement is
subject to the following conditions:
3.1 COUNTY's representations in this Agreement being correct as of the date of this Agreement and
as of the Close of Escrow.
1
h
3.2 The vesting of title to the Property in AGENCY by grant deed in fee simple absolute, free and
clear of all liens, encumbrances, clouds and conditions, rights of occupancy or possession except
as set forth on that certain preliminary title report dated November 9, 2005 (the "Permitted
Exceptions"), issued by the Title Company and attached hereto and incorporated herein as Exhibit
"D," and the Title Company shall be ready to issue a CLTA Owner's Policy of Title Insurance to
the AGENCY in the insurable amount of the Purchase Price and showing only those exceptions to
title described above (the "Title Policy").
3.3 The AGENCY has received and approved the Title Company's estimated settlement statement for
the conveyance of the Property.
4. Escrow. Within five (5) business days after the County Board of Supervisors has approved this
Agreement, AGENCY shall establish an escrow ("Escrow") with Alliance Title Company ("Title
Company"), 2200 Sand Creek Rd., #1, Brentwood, CA 94513, Escrow No. 11331676-513-2 KMM.
4.1 Fees and Title Insurance. AGENCY shall pay all escrow and recording fees incurred in this
transaction and, the costs for the Title Policy, as set forth in Section 3.2.
4.2 COUNTY's Deposit into Escrow. On or before the Close of Escrow COUNTY will deliver into
Escrow with the Title Company a grant deed, in recordable form and properly executed on behalf
of COUNTY ("Grant Deed") conveying to AGENCY the Property in fee simple absolute.
4.3 Close of Escrow. Escrow shall close upon the conveyance of the Property to AGENCY no later
than January 31, 2006 or such other date as mutually agreed to between AGENCY and COUNTY
(the "Close of Escrow" or the"Closing Date"). On the Closing Date; the Title Company shall close
Escrow as follows:
i
A. Record the Grant Deed marked for return to the AGENCY; ;+
B. Issue the Title Policy to AGENCY, as described in Section 3.2;
C. Disburse to the COUNTY the Purchase Price, less prorated amounts and charges to be
paid by or on behalf of COUNTY; and
D. Prepare and deliver to the AGENCY and to the COUNTY one signed copy of the Title
Company's closing statement showing all receipts and disbursements of the Escrow.
To ensure that the Title Company properly disburses the Purchase Price to the COUNTY and any
remaining funds to the AGENCY either party may determine to submit additional escrow
instructions (that are not inconsistent with this Agreement) to the Title Company prior to the Close
of Escrow.
5. COUNTY's Representations. COUNTY makes the following representations with the understanding
that these representations are material and are being relied upon by AGENCY. COUNTY represents to
AGENCY that as of the date of this Agreement and as of the Close of Escrow:
5.1 Marketable Title. COUNTY 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, except for
the Permitted Exceptions.
x
2
5.2 No Liens. Commencing with the full execution of this Agreement by both parties and until the
Close of Escrow, COUNTY shall not permit any liens, encumbrances or easements to be
placed on the property, nor shall COUNTY enter into any new agreements, including but not
limited to any lease or rental agreement, that affects the Property or that would be binding on
AGENCY after the Close of Escrow without the prior written consent of AGENCY.
5.3 Tenant Occupancv — The property located at 2105 Abbott Avenue (APN 087-193-035) is a
tenant occupied single family residential property as more particularly described in the Estoppel
Certificate attached hereto as Exhibit C. If relocation assistance is necessary, no one other
than the tenant occupying this residence is entitled to the relocation benefits. The tenant
qualifies for and receives)Section 8 Assistance in the current sum of $620.00 from the Housing
Authority which is paid directly to Contra Costa County. The balance amount of $446.00 is paid
by the tenant for a total monthly payment of$1,066.
5.4 Condition of Property. COUNTY has made available to AGENCY all information, records and
studies maintained by ICOUNTY in connection with the Property concerning hazardous
substances. The COUNTY is not concealing:any knowledge of the presence of contamination or
hazardous substances on, from or under the Property.
6. AGENCY's Representations. I AGENCY represents that, upon approval of this Agreement by the
AGENCY's Board, this Agreement shall constitute a binding obligation of AGENCY.
7. Survival. All of the terms, provisions,I ions, 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.
8. LIQUIDATED DAMAGES. IN THE EVENT THAT THE ESCROW AND THIS TRANSACTION FAIL TO
CLOSE AS A RESULT OF THE DEFAULT OF THE AGENCY IN THE PERFORMANCE OF ITS
OBLIGATIONS UNDER THIS AGREEMENT, THE AGENCY AND THE COUNTY AGREE THAT THE
COUNTY WILL SUSTAIN THESE AND OTHER DAMAGES, AND THAT THE COUNTY'S ACTUAL
DAMAGES WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO DETERMINE. THE
PARTIES THEREFORE AGREE THAT IN THE EVENT THAT ESCROW AND THIS TRANSACTION
FAIL TO CLOSE AS A RESULT OF DEFAULT OF AGENCY, AND THE COUNTY IS READY,
WILLING AND ABLE TO PERFORM THEIR OBLIGATIONS HEREUNDER, THE COUNTY, AS THE
COUNTY'S SOLE AND EXCLUSIVE REMEDY, SHALL BE ENTITLED TO THE DEPOSIT, BUT NOT
ANY INTEREST EARNED THEREON, AS LIQUIDATED DAMAGES AND AS CONSIDERATIOWFOR
ENTERING INTO THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THE RESULTING
DAMAGES WILL BE IMPRACTICAL OR EXTREMELY DIFFICULT TO ASCERTAIN, AND,
THEREFORE, THE PARTIES(AGREE AFTER NEGOTIATION BETWEEN THEM THAT RETENTION
OF THE DEPOSIT, AND NOT THE INTEREST EARNED THEREON, AS LIQUIDATED DAMAGES
WILL BE AN APPROPRIATE IFORM OF COMPENSATION TO THE COUNTY. BY PLACING THEIR
INITIALS IN THE SPACES BELOW, BOTH PARTIES AGREE TO LIQUIDATE DAMAGES AS SET
FORTH ABOVE. IN THE EVENT ESCROW FAILS TO CLOSE AS A RESULT OF AGENCY'S
DEFAULT AND THE COUNTY IS READY, WILLING AND ABLE TO PERFORM ITS OBLIGATIONS
HEREUNDER, THEN (A) FOLLOWING THE COUNTY'S RECEIPT OF THE DEPOSIT, BUT NOT
ANY INTEREST EARNED THEREON, THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS
OF THE PARTIES HEREUNDER AND THE ESCROW CREATED HEREBY SHALL TERMINATE,
AND (B) TITLE COMPANY( SHALL, AND IS HEREBY AUTHORIZED AND INSTRUCTED TO,
RETURN PROMPTLY TO PARTIES ALL DOCUMENTS AND INSTRUMENTS TO THE PARTY WHO
DEPOSITED THE SAME. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT
INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL
CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES
3
i
TO THE COUNTY PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677.
THE COUNTY HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS
OF THIS SECTION 8, AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY
ITS TERMS.
COUNTY'S INITIALS: AGENCY'S INITIALS:
9. AGENCY's Remedies. In the event of a breach of this Agreement by the COUNTY, the AGENCY may
pursue any and all remedies at law and equity, including specific performance. (,
10. Indemnification.
10.1 By County. The COUNTY hereby agrees to defend, indemnify and hold the AGENCY harmless
from and against any and all claims, liens, demands, losses, damages, liabilities, fines, penalties,
charges, administrative and judicial proceedings and orders, and all costs incurred in connection
therewith (including without limitation actual attorneys' fees and costs of experts and consultants)
arising from (i) any obligation of the COUNTY not expressly assumed by the AGENCY related to
the ownership.or operation of the Property prior to the Close of Escrow; (ii) personal injury or
property damage relating to the Property which occurred prior to the date of Close of Escrow and
not caused by the acts or omissions of the AGENCY or AGENCY's agents, employees, or
invitees; and (iii) the breach of any of the COUNTY's representations made hereunder. The
indemnity contained in this Section 10.1 shall survive the termination of this Agreement.
Y.
10.2 By Agency. The AGENCY hereby agrees to defend, indemnify and hold the COUNTY
harmless from and against any and all claims, liens, demands, losses, damages, liabilities,
fines, penalties, charges, administrative and judicial proceedings and orders, and all costs
incurred in connection therewith (including without limitation actual attorneys'fees and costs of
experts and consultants) arising from (i) any obligation of the AGENCY not expressly assumed
by the COUNTY related to the ownership or operation of the Property after the Close of
Escrow; (ii) personal injury or property damage relating to the Property which occurred after the
date of Close of Escrow and not caused by the acts or omissions of COUNTY's or COUNTY's
agents; and (iii) the breach of any of AGENCY's representations made hereunder. The
indemnity contained in this Section 10.2 shall survive the termination of this Agreement.
T
11. Casualty.
If, prior to the Close of Escrow, the COUNTY becomes aware that all or any material portion of the
Property has been destroyed or substantially damaged, then the COUNTY shall promptly give the
AGENCY notice thereof, and the AGENCY, at its option, may terminate this Agreement upon written
notice to the COUNTY not later than seven (7) business days after receipt of COUNTY's written notice
thereof, which notice shall contain an estimate of the repair costs and an estimate of insurance payments
to be made to the COUNTY. For purposes of this Agreement, a "material portion" of the Property shall
mean a casualty in excess of ten percent (10%) of the Purchase Price of the Property. If this Agreement
is terminated, notwithstanding any other provision of this Agreement, all documents and funds, including
the Deposit, the Purchase Price, including any interest thereon, shall be returned to the AGENCY, and
neither party 'shall have any further rights or obligations hereunder, except for payment of any escrow and
title cancellation fees which shall be borne equally by the parties and those provisions specified to survive
4
5
8
the termination of this Agreement. If the AGENCY fails to deliver timely notice of its election to terminate
this Agreement, then this Agreement shall remain in full force, without adjustment in the Purchase Price
and at the Close of Escrow, the COUNTY shall assign to the AGENCY all of the COUNTY's right, title,
and interest in and to any insurance proceeds resulting from any casualty.
12. Broker's Commission. AGENCY represents to the COUNTY that it .has not engaged or used the
services of any person, firm or corporation that may claim a broker's commission or finder's fee upon
execution of Agreement. COUNTY represents to the AGENCY that it has not engaged or used the
services of any person, firm or corporation that may claim a broker's commission or finder's fee upon
execution of Agreement. The AGENCY and the COUNTY (each, reciprocally, as an "Indemnitor") agree
to indemnify and hold the other (as "Indemnitee") harmless from all expense, loss, damage and claims, if
necessary, arising out the Indemnitor's breach of the foregoing representation.
13. Possession of the Property. Possession of the Property shall be delivered to AGENCY at Close of
Escrow.
14. 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.
15. Notices. All notices (including requests, demands, approvals or other communications) under this
Agreement shall be,in writing and delivered as follows or to such other addresses as AGENCY and
COUNTY may respectively designate by written notice to the other:
COUNTY: Contra Costa Co I my AGENCY: Redevelopment Agency of the City of
Public Works Department Pittsburg
Real Property Division 65 Civic Avenue
255 Glacier Drive, Pittsburg, CA 94565
Martinez, CA 94553 Attn: Executive Director
Attn: C. Pina-Sandoval
16. Entire Agreement. The artie I have herein set forth the whole of their agreement. The performance of
9 p Ig
this Agreement constitutes the entire consideration for the purchase and sale of the Property. COUNTY
has no other right or claim to compensation arising out of or connected with the acquisition of the subject
property by AGENCY, except as specifically set forth in this Agreement, including but not limited to all
claims for compensation for improvements pertaining to realty, attorneys' fees, costs or damages of every
kind and nature by reason of AGENCY's acquisition of the Property.
17. 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. Exhibit "A"through Exhibit "D" are incorporated into this Agreement by this
reference. 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.
5
18. 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,
instruments of further assurance, approvals, consents and all further instruments and documents as may
be necessary, expedient, or proper in order to complete 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.
19. 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
20. 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.
21. 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.
22. Counterparts. This Agreement may be executed in: counterparts, each of which shall be deemed an
original but all of which together shall constitute one and the same agreement.
M
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY OF THE CITY '
' OF PITTSBURG, a public body corporate
and politic
APPROVED:
By By
Public Works Director Marc S. Grisham
Executive Director
Date:
(Date of Board Approval)
_ Date:
(Date Signed by Agency)
RECOMMENDED FOR APPROVAL:
By
Real Property Agent
By
Principal Real Property Agent
G:IGrpDatalRealProplCarmen0005 CorrespondencelFrontage Road purchase agreement i l-14-05a.DOC
ATTACHMENTS
Exhibit A-Assessor Parcel Map of the Property
Exhibit B-Legal Description of the Property
Exhibit C—Estoppel Certificate
Exhibit D-Preliminary Title Report
a
6
%o
Exhibit A
Assessor Parcel Maps of the Property
A-1
773\01\1-27794.1
EXHIBIT lW5
1:80
20 D 20
GRAPHIC SCALE = METERS
FRONTAGE ROAD N 64.08'41•W
4.250 R=6.100
21.287 R=488.730 L=8.714
N 69'53 43 W =49.051 =5.45'01• &=81'50'55• E
N co
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Lo OF CONTRA COSTA COUNTY co ZLu
E o N 2001.0147481.00
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N n m AREA 25613 m2
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N N
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N 7217'46'W 79.533'
BEARINGS AND DISTANCES USED ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM OF 1983, 20NE Ili. MULTIPLY DISTANCES
SHOWN BY 1.0000639 TO OBTAIN GROUND DISTANCES, -
LEGEND PLAT TO ACCOMUNY DESCRIPTION
LANDS OF C N7"4:OSTA COUNTY
POB = POINT OF BEGINNING MA alla,
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BEARINGS AND DISTANCES USED ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM OF 1983, ZONE II. MULTIPLY DISTANCES
1:30 SHOWN BY 1.0000639 TO OBTAIN GROUND DISTANCES.
5 0 5 PLAT TO ACCOMP-AbLY DESCRIPTION
LANDS OFC C-QSTA COUNTY
GRAPHIC SCALE = bfETERS MA41THAS b CO. INLEGENDCONSIR, E= NAOEP s
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65M13
BEARINGS AND DISTANCES USED ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM OF 1983, ZONE II. MULTIPLY DISTANCES
SHOWN BY 1.0000639 TO OBTAIN GROUND DISTANCES,
PIAT TO ACCO CRIPTION
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LEGEND A 6 CO. I C.
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69 ' 65 M 13 108
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BEARINGS AND DISTANCES USED ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM OF 1983, ZONE II, MULTIPLY DISTANCES
LEGEND SHOWN BY 1.0000639 T17 OBTAIN GROUND DISTANCES.
PLAT TO ACC NY DESCRIPTION
POB = POINT OF BEGINNING LANDS OF COSTA COUNTY
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BEARINGS AND DISTANCES USED ARE BASED ON THE CALIFORNIA
20 0 20 COORDINATE SYSTEM OF 1993, ZONE III. MULTIPLY DISTANCES
SHOWN BY !.0000633 TO OBTAIN GROUND DISTANCES.
17S FRONTAGE ROAD #1 -# 17, PITTSBURG,CA 94565 °
GRAPHIC SCALE = METERS " AVNs 087•11
THROUGH 017
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Exhibit B
Legal Description of the Property
B-1
773\01\227794.1
EXHIBIT 11131'
Remainder of APN 087-030-008:
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California, same parcel
being a portion of Parcel One and all of Parcel Two described in the Grant Deed to Contra Costa County,recorded
May 31, 2001 in Document No. 2001-0147481-00 in the Official Records of Contra Costa County, more
particularly described as follows:
Commencing at the southwest comer of said Parcel Two; Thence along the west line of Parcels One and Two,
North 170 42' 14" East, 73.165 meters to a point on the south line of Frontage Road; Thence along the south line
of Frontage Road for the following four(4) courses: (1) South 69° 53' 43"East,21.287 meters to the beginning of,
rt ,
a curve to the right, (2) in an easterly direction 49.051 meters along the are of said curve to the right, having a
radius of 488.730 meters and through a central angle of 5°45' 01", (3) South 64° 08' 41"East,4.250 meters to the
beginning of a curve to the right, (4) in a southeasterly direction 8.714 meters along the arc of said curve to the
right, having a radius of 6.100 meters and through a central angle of 81° 50' 55" to a point on the east line of
Parcel One, same line common with the west right of way line of Crestview Drive; Thence along the west right of
way line of Crestview Drive, South 17° 42' 14" West, 61.124 meters to the southeast corner of Parcel Two;
Thence along the south line of Parcel Two,North 720 17' 46"West,79.533 meters to the Point of Beginning.
Containing 5613 Square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone
3. Multiply distances shown by 1.0000639 to obtain ground level distances.
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot. Areas
shown are in square meters,multiply areas shown by 10.764 to convert to square feet.
This real property description has been prepared by me, or under my direction, in conformance with the
Professional Land Surveyors Act.
S ii GRlI/��°�
c' rn
Scott A. Shortlidge 'Date
Licensed Land Surveyor
California No. 6441 JT t�A 6449
Remainder of APN 087-195-020
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
and being a portion of Lot 112 as shown on the map of Subdivision 2451 filed August 21, 1956 in Book
I
65 of Maps, at Page 13 in the Official Records of said county, the same Lot 112 conveyed to Contra
Costa County by Grant Deed, rel orded January 02, 2001 in Document No. 2001-0000067-00 in the
Official Records of said county; said parcel being more particularly described as follows:
Beginning at the southwest corner)of Lot 112; Thence along the west line of Lot 112,North 170 42' 14"
East,6.561 meters to the beginning of a curve to the right, same point being on the south line of Frontage
Road; Thence leaving said west line of Lot 112 and along the south line of Frontage Road for the
following two (2) courses: (1) in a northeasterly direction 9.837 meters along the are of said curve to the
right,having a radius of 6.100 meters and through a central angle of 92° 24' 03", and (2) South 69° 53'
43" East, 24.148 meters to a point on the east line of Lot 112; Thence along the east line of Lot 112,
South 17°42' 14"West, 11.644 meters to the southeast corner of Lot 112; Thence along the south line of
Lot 112,North 72° 17' 46"West, 30.482 meters to the Point of Beginning.
Containing 365.6 Square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances.
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot.
Areas shown are in square meters)multiply areas shown by 10.764 to convert to square feet.
This re roperty description has b ared by me,or under my direction,in conformance with the
P essio 1 Land Survey s
.00 2,PO405 silo
Scott A. Shortlidge Date
Q' m
Licensed Land Surveyor cn
21California No.6441
0441
���'� OF CAS-�F���
v
Remainder of APN 087-193-001 &087-193-002
T
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
and being portions of Lots 109 and 110 as shown on the map of Subdivision 2451 filed August 21, 1956
in Book 65 of Maps, at Page 13 in the Official Records of said county, same Lots 109 and 110 as
7711,
conveyed to Contra Costa County by Grant Deeds, recorded January 31, 2001 in Document No. 2001-
0022153-00 and recorded February 14, 2001 in Document No. 2001-0034062-00 respectively in the
Official Records of said county; said parcel being more particularly described as follows:
x
a
Beginning at the southwest comer of Lot 109; Thence along the west line of Lots 109 and 110, North
17° 42' 14" East, 16.789 meters to a point on the south line of Frontage Road, Thence along the south
1
line of Frontage Road for the following two(2)courses: (1) South 690 53' 43"East,24.776 meters to the
beginning of a curve to the right, (2) in a southeasterly direction 9.311 meters along the arc of said the
right,having a radius of 6.090 meters and through a central'angle of 87°35' 57"to a point on the east line
of Lot 109; Thence along the east line of Lot 109, South 170 42' 14" East, 9.671 meters to the southeast
comer of Lot 109; Thence along the south line of Lot 109,"North 72° 17' 46"West, 30.480 meters to the
Point of Beginning.
Containing 485.0 Square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances.
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot.
Areas shown are in square meters,multiply areas shown by 10.764 to convert to square feet.
T r 1 property,de 4hbepared by me,or under my direction, in conformance with the
ession and
S H ORTI
n Scott A.Shortlidge Date v J
Licensed Land Surveyor
California No. 6441 11 Q tj
OF CA���
Remainder of APN 087-193-036&087-193-035
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
and being portions of Lots 67 and 68 as shown on the map of Subdivision 2451 filed August 21, 1956 in
Book 65 of Maps, at Page 13 in the Official Records of said county, same Lots 67 and 68 as conveyed to
Contra Costa County by Grant Deeds, recorded July 17,,2001 in Document No. 2001-0203725-60 and
recorded December 26, 2000 in Document No. 2000-0289333-00 respectively in the Official Records of
said county;said parcel being more particularly described as follows:
Beginning at the southwest comer of Lot 68; Thence along the west line of Lot 68,North 170 42' 14"
East, 11.716 meters to the begi I ing of a curve to the right, same point being on the south line of
Frontage Road; Thence along the(south line of Frontage Road for the following two (2) courses: (1) in a
northeasterly direction 9.821 meters along the arc of said curve to the right, having a radius of 6.090
meters and through a central anglie of 920 24' 03", and (2) South 690 53' 43" East, 24.156 meters to a
point of the east line of Lot 67; (Thence along the east line of Lots 67 and Lot 68, South 17° 42' 14"
West, 16.789 meters to the southeast comer of Lot 68; Thence along the south line of Lot 68,North 72°
17' 46"West,30.480 meters to the Point of Beginning.
Containing 522.4 Square meters of land area,more or less.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances.
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S. survey foot.
Areas shown are in square meters"multiply areas shown by 10.764 to convert to square feet.
This real property description has b repared by me,or under my direction,in conformance with the
TPe;ss nal Land S or tl
1
Scott A. Shortlidge I. Date
Licensed Land Surveyor v, rn
California No. 6441
sT l.2 5449
qTF OF CAUY��
p
3
,s
Remainder of Subdivision 4648 .APN 087-400-018
Land Description of the undivided remainder of several subdivided lots situate in the City of
Pittsburg, Contra Costa County, California; and being all of lot(s) 1, 2, 10, 11, 12, 13, 14, 15, 16
and the remainder portions of lot(s) 3, 9 and 17 as created by that certain Subdivision 4648
recorded December 28, 1976 in Book 192 of Maps, at Page 9 in the Official Records of said
x County, same subdivided lot(s) 1, 2, 12, 15, and 16 conveyed to Contra Costa County by Grant
Deeds recorded respectively as Lot 1 -recorded July 02,2001 as document no. 2001-0187434-
00, Lot 2 - recorded October 4, 2001 as document no. 2001-0299124-00, Lot 12 - recorded
January 5, 2001 as document no. 2001-0002804-00, Lot 15 - recorded February 26, 2001 as
document no. 2001-0042736-00, and Lot 16 - recorded September 14, 2001 as document no.
2001-0275301-00; and same subdivided lot(s) 3, 7, 8, 9, 10, 11, 13, 14, and 17 as described in ,
the Final Condemnation Order in favor of Contra Costa County recorded on April 08, 2003 as
document number 2003-0160431-00; said undivided remainder being more particularly
described as follows:
4'
Commencing at a 1-1/2 inch iron pipe (not tagged)found and accepted as the northeast corner
of Lot 111 of Subdivision 2451, recorded August 21, 1956 in Book 65 of Maps on Page 13,
same corner being the northwest corner of said Subdivision 4648; Thence along the common
line between Subdivision(s) 4648 & 2451, South 170 42'14" West-23.984 meters to a point on
the South right of way line of Frontage Road; Thence across Lots+9, 17, and 3 of Subdivision
4648, South 690 53' 43" East, 79.154 meters to a point on the east line of said Lot 17 of
Subdivision 4648; Thence along the east line of Lot 17, South 170 42' 14" West - 46.761
,Y
,s
�i
III
meters to the southeast corner of Lot 17, same corner being common with the southeast corner
of Subdivision 4648; Thence al Ing the south line of Subdivision 4648, North 72° 17' 46" West—
79.085 meters to the southwest corner of Subdivision 4648; Thence along the west line
Subdivision 4648, North 170 42' 14" East—50.076 meters to the Point of Beginning.
Containing 3829.2 square meters of land area more or less.
Bearings and distances used in the above description are based on the California Coordinate
System of 1983, Zone 3. Multiply distances shown by 1.0000639 to obtain ground level
distances:
Distances shown are in meters, multiply distances shown by 3.28083333 to convert to U.S.
survey foot. Areas shown are it square meters, multiply areas shown by 10.764 to convert to
square feet.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Survl yors Act.
Scott A. Shortlidge ` -_ Exi. i Date
Licensed Land Surveyor \�� �'? E441 �t
California No. 6441 `�qTE OF OpUkOY
Exhibit C
Estoppel Certificate
B-1
773\01\227794.1
r
ESTOPPEL CERTIFICATE
To: Redevelopment Agency of the City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
Attn: Janis Glover
RE: 2105 Abbott Avenue, Pittsburg, CA (the "Premises")
The undersigned (the "Tenant") hereby certifies to the Redevelopment Agency of the
City of Pittsburg (the "Buyer"), and to the County of Contra Costa, a political subdivision
of the State of California (the 'Landlord") the following information regarding the
Tenant's occupancy of the Premises, and Tenant agrees that the Landlord, Buyer and
Buyer's successors and assigns may rely upon the same:
1. At the commencement of the Tenant's occupancy of the Premises, the Tenant
and the Landlord entered into a rental agreement regarding the Tenant's occupancy of
the Premises (the "Lease"). The Lease is in full force and effect and has not been
modified or amended except as follows (if none, indicate by writing "None" in the blank):
Rent amounts increased from $244.00 to $446.00 in November, 2005, and Tenants to
Sue Rodriquez and Dasha Williams-(eight year old minor) and James F. Adams is no
longer a tenant. A true and correct copy of the Lease is attached hereto as Exhibit A.
2. The Tenant commenced occupying the Premises on, or about, October 15; 2001,
and has been occupying the Premises pursuant to the Lease. The Landlord has not
granted a first right of refusal to lease or purchase, option to extend, option to terminate,
or option to purchase the Premises.
3. All fixed base rental has been paid through the month of September. The month
of October for the amount of 1$244.00 and the month of November for the increased
amount of$446.00 are still owed. No rent had been paid more than one month in
advance of its due date. Current monthly fixed base rental for the Premises is $446.00.
4. The Tenant asserts no claim of default or offset or defense against the payment
of rent or other charges payable by the Tenant and asserts no claim against the
Landlord in regard to the Premises occupied by Tenant. To the best of Tenant's
knowledge and belief, there his no default by Landlord under the Lease and no event has
occurred that, with the passage of time or the giving of notice, or both, would constitute
a default by Landlord under the Lease.
5. The Lease provides for no option to extend or renew the Lease term except as
follows: (if none, indicate by writing "None" in the blank) None- tenancy is on a month to
month basis. The Lease contains no first right of refusal to lease or purchase, option to
expand, option to terminate) or option to purchase except as follows: (if none, indicate
by writing "None" in the bla6k) None.
773\63\239407.3
n
a
6. Landlord is presently holding a security deposit from the Tenant in the amount of
none Dollars ($_0_):
7. Except for the delinquent rent set forth above, to the best of the Tenant's
knowledge, the Tenant is not in default under the Lease nor has any event occurred
which, with the passage of time or the giving of notice, or both, would constitute a
default or breach by the Tenant. The Tenant is current in the payment of any taxes,
i` utilities, common area maintenance payments, or other charges required to be paid by
the undersigned.
8. The Tenant has not entered into any sublease, assignment or any other
3
agreement transferring.any of its interest in the Premises.
9. The Tenant and the Tenant's daughter are the only individuals currently
occupyin th Pr ises. Except for James F. Adams, who vacated the Premises on or
about and no longer resides at the Premises, during the
Tenant's occupancy of the Premises, no other individuals have resided at, or occupied,
the Premises or have any right to occupy the Premises.
10. There are no actions, whether voluntary or otherwise, pending against Tenant
under the bankruptcy or insolvency laws of the United States or any state thereof.
11. The Tenant recognize and acknowledge they are making these representations
to Buyer and Landlord with the intent that the Buyer, and the Landlord, and their
successors and assigns shall rely hereon, and as a material inducement to the Buyer's
transaction with the Landlord, as the seller. The provisions hereof shall be binding upon
and inure to the benefit of the successors, assigns, personal representatives and heirs
of Tenant and Buyer.
12. The undersigned signatory hereto hereby warrants that he/she has full and valid
' legal power and authority to make and deliver this certificate and to bind the Tenant to
the statements and certifications made herein.
Tenant:
� 412
usan Rodriguez Date
5;
r
k
y.
773\63\239407.3
r:
Exhibit A
\
(Copy of Lease)
773\63\239407.1
3 -
NOV.28.2005 10:37AM ARCH/LERSE NO.540 P.1"
Lease for.Voucher Tenancy -
Section 8 Tenant-Based Assi tance
Housing Choice Voucher Program Tenahtly
Part A of Lease: Contract Information Automatic Renewal
1. Contents of Lease. I he lease con:dsks of: Allcr the initial lease term,the lease term sliall renew autotnat-
Pamt A: Contract information ically as follows.
Part 13: Tenancy addendum(icase language required by HUD)' Afterthe initial term of the lease as stated in Section 1 of the
y Part C: The hollowing additional provisions(as requited by Lease Addendum,the term Othis lease shall renew _
ilia owner): (Specify any additional provisions e.g., automatically on a month-to-month basis.
by designating any exhibits or attachments to the
Wase.) 7. Rent to Owner
No pets.Tenant responsible for ard maintenance_
- - 'Phe initial rent to owner is E1,06t3A0 .• . '19mc
amount Or the rent to owner is subject to change during the lease
tent in accordance with this lease. i
2- Parties to Lease B. Utilities and Appliances
Tenant Susan A. Rodriguez - The owner shall provide or pay for the utilities and nppliances as
indicated below by an "0"without any additional charge to the
tenant. The tenant shall provide or pay for the utilities and
Owner Contra•Costa County _ appiiancw as indicate below by a"T",
3. Name of Housing Agency(HA)
Ci of PiNsbu�g Housin AvthoriProvided q11-
Item Type Paid For
4. Unit Rented, 11tis is a lease for the following dwelling unit:
Address 2105 Abbott Ave _ denting Natural Gas T
ApartmentNatural Gas T
- -
Other Meotric T
City Plttsbun-g_—_ State CA ZIP 94565 Water Iirtiin
g Natural Gas T
S. Members ofHnusehold- Water T
The JbIlowing pLesons may.reside in die unit. No other persons Sewcr -.T...
may reside in the unit witbout prior written approval by the
ownar and ilia I IA. 7'roxh Collcotion T
Susan A-Rodriguez Runge p
James F.Adams ---
Dasha L.Williams Rerrigcrator T
4 -
9. Security Deposit
The 5cctnity Deposit is 550.D0 _--
--•••- ------ .- - The tenant has paid Ute scourity deposit to the owner,
10. Other Owner Charges
G_ Term of Lease (Insert description of any other owner charges that may be
The initial IcpSc term begins an 1e1492au- assessed ror items not indudcd in rent to Owner.)
The initial(case term ends nn -09130126 - Nonte. ---•-•• _ .��_
r
Lease-voucher Tenancy
HAPPY Software Page 1 ors
NOV.213.2005 18t3BRM RRCH/LEI 5E
$.Department or nouslny'
Lease for VOULFI@r Tenancy ad Urban Development
Section S Tenant-Based Assistance Qtfice of Publlc and Indlan Housing
Housing Choice Voucher Program Tenant ID ;
Part B of tease: 'T'enancy Addendum
I_ Section S Voucher Program. 5. Family payntant to Owner
a, The owner is leasing the contract unit to the tenant for a. The family is responsible for paying the owner any portion of
occupancy by the tenant's family with assistance far a tenancy the rent to owner that is not cuvered by the PITA houng
under[tic Section S hour-,ing choice voucher program(voucher assistance payment
program) of the United States Department of housing and b, F:ach month, the YHA will make a housing assistance
Urban Development(1113n). payment to the owner on behalf of the family in accordance
b. The owner has entered into i housing Assistance Payments with the JW contract, The amount of the monthly housing
Contract (NAP contract) with the PHA under !hc voucher assistance payment will be determined by the 1'11A in
program.Under the RAF contract the PHA Will make housing accordance with HUD requirements for a tanancy wider the
asstAance payinonts to the owner to assist the tenant m lcah'Ing Section 8 voucher program.
the unit from the towner.
Z. Lcnsc I a 'fire monthly housing assistance payment shallbnll be credited '
ngainpt.$a monthly rent to owner for the contract unit.
a, The owner has given the PITA a copy of the lease, including d. The tenant is not responsible for paying the portion of rent to
any revisions agreed by the owner and the tenant, The owner
ccrti5that Ute terms of the lease are in accordance with all otvn4r covered by the PHA housing assistmtce payment
cs
provisions of the IIAP contrat,-t and that the Iaase includes the under the HAP contract between the owner and Ilia FHA.A
tcYtnncy addendum. I Pi IA failure to pay the housing amisttmcc payment to the
he:
h. Ttc»ant shall have the right to enfoLa the tenancy oR'mw' is not a violation of the lease, The owner may moi
addendum against (lie owner, if there is anyj conflict between tamitnate the tenancy for nonpayment of the MIA houaing
ilia tenancy addendtun and any other provisions of the Icase, n5�tntance payment,
Clic language of the tenancy addendum shall eoniro). e. The owner may not charge or accept,from the family or from
3, Use of Contract UnitI any other source,any payment for rent of the unit in nddition
in the contract the rent to owner. Rent to owner includes all housing
n. ihuing the lease terns, Uu family will reside
unit with xini.tance under(ire voucher program, surviccs, maintenance; utilities and appliances to be
provided and paid by the owner in accordance with the lease.
b. Plum . Mic f mitt' of the household must be approved Meth. f, The owner mmst immediatelyretum any excess rent payment
1 1 IA. Tltc fvnily must promptly inform the iPl IA of the birth,
iduption or court-nwerded custody or a child. Other persona to the tenant..
miry not be added to the household witliout prior written G• Other Fees and Chxrge.5
approval of Hue owncr:uid the PI iA. a, Rent to owner docs not include cost of' tvty men15 or
c, Ilia contract unit may only he used for residence by the supportive services or furniture which may be provided by
PiTA-approved household members. The Iunit must he the theewncr.
family's only residence, Members of the household cony b. The owner may not require the tenant or family members to
cyrgage in legal profit making activities incidental to primary pay charges for any meals or suppoitive services or furniture
use of the unit for raRidence by mcmber5 of the family, which may be Provided by the owner, Nonpayment of any
d. -file tenant may not Sublease or Ie(the unit. I such charges is not grounds for termination of tenancy.
e. Tltc trnmrt nfay nnl assign the icagt nr transfer the unit. c. The owner may not charge the tenant extra amounts for items
4. Rent to Owner I customarily included in rent to owner in the locality, or
u. Tho initial rent to owner may not exceed the amount approved provided at no additional cast to unsubsidized l rants in the
by the PITA in accordanco with IIUD requiiemrntsa premises.
b. Changes in tlue rent to owner shall be Idetermined by (lie 7. Maintenance,Utilitiaa,and Other Services
provisions of(he Icitsc. Flowever, (lie ownl r may not raise the a. , Maintenance
rent dutingIlia initial ternofthe lease. (1) The owner must maintain the tacit and premiseq in
c. During; the tepn of the lease (including the initial lemr of the accordance with the AQS.
Jesse and any extenxion tenet), the rent to owner may at no
I 61170 exceed: (2) Maintenance end replacement(including redecoration)mtasi
(l) The reasonable ren( for the unit I as most recently be in accordance with,the standard proctica fuer the building
determined or redetermined by the PHA in accordance concerned as established by the owner.
with I IUD requirements,or I b, Utilities and appliances
(2) itcn(Charged by the owner for comparable 1nta55r5ted ttni(5 (1) The owner nrast provide all utilities needed to comply with
in Uta premises, (he r1QS.
(2) 77re owner is not rcaponsible r'or a broach of the T 1QS caused
by the tenant's failure to:
Lease-Voucher Tenancy
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i
NOV.29.2005 10:38RP1 ARCH/LERSE
0.540---P.3
(n)•Pay rel-tiny utilities that arc tt paid by the tenant. (a) The owns, ty terminate the tenancy during the term
of the ret if any mamber or the household has
p,) P1%ovido and nuiiniain any 1160tincos that are to be engaged in abuse of alcohol (fiat (hrcatcns the ImcalUl,
provided by the tenant safely or right to pcaoeful enjoyment or the premises by
c. Family damage.91,c owncl'is not resPonaible fora breach or other residents. $'
lite I-iQS because or damages beyond nnmtal wcnr and tear d Other gnod cause for termination of tenancy
oaascd by any member'of the household or by a guest.
ul. Housing services. '['he owner must provide all housing
(1) During the initial lease term, other,good cause for
services as ngrecd to in the lease. termination of tenancy must be sometlming time family
did or failed to du,
X. Termination of Tenancy by Owner (2) During the initial lease term or during any extension
a, Requirements. Tltc owner may only terminate the tenancy in term,other good caws includes:
accordance with the loose and lIUU require-ments.
h. Grounds.During the term of the lease (the initial term of the (a) Disturbance einefgluborg,
lease or any extension term),the owner may only terminate the (b) Destruction of property,or
tenancy becatum of: (c) Living or housekeeping habiLi that cause damage
(1) Scrious or repeated violation of the[case; to the unit or premises,
(2) violation of Federal, State, or local law that imposce, (3) After the initial lease tc n,such good cause inchides.-
obligations on Ute tenant in connection with (lie (a) The tenant's failure to accept the owner's offer of
occupancy or use of the unit and the premises;
anew lease or revision;
(3) Criminal activity or alcohol abuse Ni provided in
Paragraph c);or (b) The owner's desire to use the unit for personal or
(4) Other good cause(as provided in paragraph d). family use or for n purpose other than use as a
residential rental unit;or
c. Criminal activity or alcohol aMuse,
(l) The own (a)
may terminate the tenancy.duuing the term of
c (c) A business or economic repsna lite termination of
the tenancy (ouch as sale of (he property,
the lease if any member of the household, a guest trirenovation of the unit, the owner's desire to rant
rmotJ,cr person tinder a re ident's control commits any of the unit for a higher rent).
the following types of criminal activity:
(ry Any criminal Activit that threatens flue health or e. Eviction by court action. The owner may only evict the
y tenant by a court action.
sarety. (if, or the right to peaceful anioymcnt of the
premises by, other residents .(including properly F. Owner notice of grounds
nmanagcmcnt staff residing on the premises); (1) Al or before the beginning of court action to evict the
(b) Any criminal activity that threatens the health or tenant, the owner must give the tenant n notice that
safety of, or the right to peaceful enjoyment of their specifies,the grounds for termination of tenancy. The
residences by, persons residing in the immediate notice may be included in or combined with any owner
vicinity of the promises; eviction notice,
(c) Any violent criminal activity on or near the premises; (2) The owner must give the PHA a copy of any owner
rn. eviction notice at the same time the owner notifies the
a lctlnnL
(d) Any dmg-related criminal activity on or near the
Prcnmises. (3) Eviction notice means a notice to vacate,or a complaint
or other initial pleading used to begin an eviction action
{�)
The owner may terminate the trnanry during lime term of under State or local law.
the letese it any member of Ute household fs:
9. Lease:Rotation to HAP Contract
(a) fleeing to avoid pro:ectrtion, or custody or
confinement allcr cxmviction,for a crime,or attempt if the ITAP contract terminates for any reason, Ure lease
to commit a crime,that is a felony under the laws of terminates automatically.
the place from which the individual flees,or that,in 10. PHA Termination of Assistance
the cage of the State of New Jersey, is a high The PiTA may tematinate program assistance for tlmc fart( for
mi9demeanor,or Y p y
any grounds authorized in accordance with T RID requiremcrits.
(b) Violating a condition of probation or parole under If the PHA terminates program assistance Por the family, the
Federal or State law, lease terminates automatically,
(3) The owner may terminale the tenancy fur criminal activity it. Family Move Out
n by a housebold member in accordance with this section if
f The tenant must notify the PHA and the owner bc1b a the family
(lie owner dcternmines that the house- hold member has
comunitted(hc criminal activity,regardless of whether the moves out of the unit
household member has been armsted or convicted for such
activity,
Lease-Voucher Tenancy
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NOV.28.2005 10:38RM RRCH,LERSE N0.540,_ P,4
12. Security Depoxit c. P1(A approval of i.x tenancy, and execution of a new ilAI'
ao
. The wmr may aollcct a security deposit from tae tenant. cataract, are.not required for agreed changcti in ilia Icase other
(however,the 1111A may prohibit the owner frilm collecting _ than a,9 spaeilied in paragraph b.
a security deposit in t,%cess of private market Practice, or in d, The owner must notify the YHA or any changes in the amount of
excess of amounts chargcd by ilia owner Ito unassisted ibc rent to owner at)east sixty days before any such change go
tenants. Any such PHA-required restriction must he into effect, aqd the amount or the rent to owner- roll owing any
s},ecified in tho i]AF contrac't.) I such ugrued change may not exceed the rna,ennbic rent for the
b. When the fcurtily moves otttoi•the contract anti, ilte owner, '
unit as mast recegtly determined or rcdcter-mined by the P1]A in
,uhj-a(to State and local Inw, may use ilia security deposit, accordance with I-IUD requirements. I
including tory interest on the deposit, as reimbursement for 16. Notjees
any unpaid real Payable by the terra, army damages to the Any notice under the lease by the tenant to lite owner or by the
[mit or any other an[o(ulU that the tenant owes under the owner io the tetantmust be in writing.
ice'c' 17. Definitions
e. '171e owner must give the tenant a list of al! items charged Contract unit.The housing unitrented by the to int with assistance
against Uro security deposit, and the amount of each item. under ilia program,
Aller deducting ilia amount, if any, used to reimbtrcso the
owner, 1110 owner mast promptly refund the full amount of Family. 1'he persons who may reside in ilia unit with a.9sistaricc
the unused bali;ncc to the tenant, under the program
d. if the security d=po.nh is not sufficient to cover amounts the HAP contract, The housing assistance payments contract between
tenant owe, under ilia lease, the owner may collect ilia the 1111A and the owner.The PI IA payg housing sssititance payments
balance rrum the(event. to the ntyner in accordance with ilia HAP contract
Household. •fhe ersonc who may reside in thc contract unit. The
13. Prohibition oI'DiscriminaYitrn p Y
to aecordrum c with applicable equal t>l,posiunity statutes, household etmsist9(if the family and any P1 IA-upproved live-in aide.
Itxccucurl.ive ice with
rs. toad licable eq, the adorer. muy4 not (A live-in tdde is a person who resides in the unit to provide
diswiminntc against any person hecau.5c of rocc,� calor, religion, necessary supportive services for a member of the family who is a
sex,national origin,age,familial stators or disability in connection Pi`c't!with disabilities,)
with the lease. I Housing quality standards UIQS). The HUD minimum quality
14. Conflict with Other Provisions of Lease standards Jbr housing assisted under the Section 9 tenant-based
pmgralns.
a. 1'hc tants of Ilia.tenancy addendum are prescribed by I IIID HUD.71u U.S.Depamtrnent of housing and iJrhan f)cvclopmenL
in acenrdmce with Federal law and reguhrhon, as a
condition far Fwarat assistance to ilia ttaiant and tenant's HUD requirements.HUD requirements for the Section F program.
family under tea Section S voucher prograrri. ITT ID requirements are issued by HIM headquarters, as rcgulntions,
I Federal Register notices or other binding program directives.
b. in ca:rc of ally cnnllici between Ute provisions of the tenancy
ttddcndum ax roquin d by (1tJf), and any other provisions of Leu.9e, Tire written agreement.between the owner and the tenant for
the laa9e or any, other upeemcnt between the owner said the the lest,= of the contract unit to the tenant, The lease includes the
nalunt, [hw rogoireannnls of the 1IIJD- 'required tenancy tenantyaddendum prescribed byllUD.
addendam,sl,tdl control, PHA.Public I lom9ing Agency.
IS.Changes in Lease or Rent Premises, llru buildulg or complex in which the contract unit is
a. The tenant and the owner may not make any change in the located,including common areas and grounds.
tenancy addendum. However, it the tenant
t and (lie owner Program,Uic Section 8 housing choioe voucher program.
agree to any other changes in the)case, such changes mu,9t Rent to owner.The total monthly rent payable to ilia owner for tic
be in writing,and the owner must immediately give the PI IA contract unit, The rent to owner is ilia sum of the portion of rent
a copy of such avenges. The lease, including any elrenges, payable by the tenant plus the P14A housing assistance payment to
ovum he in accordance will( Utc requirements of the tenancy the owner.
addendum, +I Section S. Station 8 of the United States Housing Act of 1937 (42
h. in the following ca9e.9e tenturt-based vsistancc shall not be United States Code 1437f),
continued unless Ute PITA has approvedla new tenancy in
accordance with program rcquit•emcnw and has executed a Tenant. The family member(nr members) who)castes the unit from
new I TAI'oontracl with the owner: the owner'
(t) If there are any changes in t lase requirementsm
Voucher program.The Section S hotming choice voucher progra .
governing tenant or [�wncr responsibilities for utilities on
lndcr this program,HUD provides funds to an Pi]A Air rent subsidy
on behalf of eligible families. The tenancy under time [case will be
of applianu s, assisted with rent subsidy for a tenancy under the voucher program.
(2) If there are any change, in lease previsions governing
Ill=term of the lease;
(3) if the fondly moves to a new unit,even if the unit is in
the sama building or conrple N.
Lease-Voucher Tenancy
HAPPY Software Page 4 n15
NOV.z8.z065 10 88RM ARCH/LEASE
71
N0.540_F.5
Signatures �� �...
Tenant Owner
Susan Q Rodriguez Contra Costa County.
Print or a Nome of Temint Print r Type N;R wn
1 ) ;
r
-12 .GL x RAM J.GILBERT, DIRECTOR Of GENERAL SERVICES �
Dale Print or Type Mame and Title of 9lgnalary
I
ogle
r
I
I
I
I
r
I
I r.
}v'
lease-VoucherTenenov
HAPPY Software page 6 of 5
Housing Assistance Payments Contract U S. Department of Housing
1d Urban Development
(HAP r.ontract) ffice of Public and Indian Housing
Section 8 Tenant-Based Assistance
Housing Choice Voucher Progra
TenantlD
Part,A of the HAP Contract: Contract Information
(To prepare the contract, fill out all contract information in Part A.)
1. Contents of Contract
This HAP contract has three parts:
Part A: Contract Information
Part B: Body of Contract
Part C: Tenancy Addednum
2. Tenant
Susan A. Rodriguez
3. Contract Unit
2105 Abbott Ave
Pittsburg,CA 94565
4. Household
The following persons may reside in the unit. Other persons may not be added to the household without prior written approval of
the owner and the PHA.
James F. Adams
Dasha L. Williams
5. Initial Lease Term
The initial lease term begins on(mm/dd/yyyy): —r01T512001
The initial lease term ends on(mm/dd/yyyy): gum
6. Initial Rent to Owner
The initial rent to owner is: $ 1,066.00
During the initial lease term,the owner may not raise the rent to owner.
7. Initial Housing Assistance Payment
The HAP contract term commences on the first day of the initial lease term. At the beginning of the HAP contract term,the amount
of the housing assistance payment by the PHA ito the owner is$_ a/9 _per month.
The amount of the monthly housing assistance payment by the PHA to the owner is subject to change during the HAP contract term
in accordance with HUD requirements.
Previous editions are obsolete Page 1 of 2 form HUD-52641 (3/2000)
HAPPY Software ref Handbook 7420.8
8. Utilities and Appliances
The owner shall provide or pay for the utilities and appliances indicated below by an"O". The tenant shall provide or pay for the utilities and appliances indicated below
by a'T". Unless otherwise specified below,the owner shall pay for all utilities and appliances provided by the owner.
a
Item Specify Fuel Type Provided By Paid By
Heating Z Natural Gas ❑Bottle Gas- [-]Oil ❑Electric [:]Coal ❑Other T
Cooking Natural Gas ❑ Bottle Gas ❑Oil ❑Electric ❑Coal ❑Other T
A/ater Heating Natural Gas ❑Bottle Gas ❑Oil ❑Electric ❑Coal ❑Other T
Other Electric T
JVater T
Sewer
T
Trash Collection T 4{F
4ir Conditioning T
Refrigerator T
Range/Microwave 0
Other(specify)
i
Signatures:
Public Housing Agency Owner
City of Pi burg Housing A&rity Contra Costa County s-
arint or Type me of HA - PnM or Type Naof Owner
'i
signature Signature
Rosie smith, Housing Manager BARTON J. GILBEERT, DIRECTOR OF GENERAL SERVICES
print or Type Name and Title of Signatory Print or-Type Typ/e^Na^m/e�anrd Title of Signatory
date(mm/dd/yyyy) Date-(mm/dd/yyyy)
Mail Payments To: Terry Mann
Name
1220 Morello Avenue,#100
Address
t-
Martinez, CA 94553
City,State,ZIP
Y.
3revious editions are obsolete Page 2 of 2 form HUD-52641 (3/2000)
--IAPPY Software ref Handbook 7420.6 ?'
...
nt
Housing ssy and Urrbanban DAssistance Payments Contract U.S. D ve op Housing
evelopment
(HAP) Contract Office of Public and Indian Housing
Section 8 Tenant-Based Assista ce
Housing Choice Voucher Program
Part B of HAP Contract: Body of Contract
1. Purpose
a. This is a HAP contract between the PHP. and the owner. ing assistance payments; abatement or other reduction of
The HAP contract is entered to provide assistance for the housing assistance payments, termination of housing
family under the Section 8 voucher program (see HUD assistance payments, and termination of the HAP contract.
program regulations at 24 Code of Federal Regulations Part The PHA may not exercise such remedies against the
982). 1owner because of an HQS breach for which the family is
b. The HAP contract only applies to .the household and responsible,and that is not caused by the owner.
contract unit specified in Part A of the HAP contract. d. The PHA shall not make any housing assistance payments
C. During the HAP contract term, the PHA will pay housing if the contract unit does not meet the HQS, unless the
assistance payments to the owner in accordance with the owner corrects the defect within the period specified by the
HAP contract. PHA and the PHA verifies the correction. If a defect is life
unit with assistance threatening, the owner must correct the defect within no
d. The family will reside in the contract u
more than 24 hours. For other defects, the owner must
under the Section 8 voucher program. The housing correct the defect within the period specified by the PHA.
assistance payments by the PHA assist the tenant to lease
the contract unit from the owner for occupancy by the e. The PHA may inspect the contract unit and premises at
family. such times as the PHA determines necessary,to ensure that
2. Lease of Contract Unit the unit is in accordance-with the HQS.
a. The owner has leased the contract unit to the tenant for f. The PHA must notify the owner of any HQ S defects shown
occupancy by the family with assistance under the Section 8 by the inspection.
voucher programa g. The owner must provide all housing services as agreed to
b. The PHA has approved leasing of the unit in accordance in the lease.
with requirements of the Section 8 voucher program. 4. Term of HAP Contract
C. The lease for the contract unit must include word-for-word a. Relation to lease term. The term of the HAP contract
all provisions of the tenancy addendum required by HUD begins on the first day of the initial term of the lease, and
(Part C of the HAP contract). terminates on the last day of the term of the lease(including
d. The owner certifies that: the initial lease term and any extensions).
(1) The owner and the tenant have entered into a lease of b. When HAP contract terminates.
the contract unit that includes all provisions of the (1) The HAP contract terminates automatically if the lease
tenancy addendum. is terminated by the owner or the tenant.
(2) The lease is in a standard form than is used in the (2) The PHA may terminate program assistance for the
locality by the owner and that is generally used for family for any grounds authorized in accordance with
other unassisted tenants in the premises. HUD requirements. if the PHA terminates program
(3) The lease is consistent with State and local law. assistance for the. family, the HAP contract terminates
automatically.
C. The owner is responsible for screening the family's (3) If the family moves from the contract unit, the HAP
behavior or suitability for tenancy. The PHA is not contract terminates automatically,
responsible for such screening. The PHA has no liability or
responsibility to the owner or other persons for the family's (4) The HAP contract terminates automatically 180
behavior or the family's conduct in tenancy :calendar days after the last housing assistance payment
to the owner.
3. Maintenance,Utilities,and Other Services
a. The owner must maintain the contract unit and premises in (�) The PHA may terminate the HAP contract if the PHA
i determines, in accordance with HUD requirements,
accordance with the housing quality standards(HQS). that available program funding is not sufficient to
b. The owner must provide all utilities needed to comply with support continued assistance for families in the
the HQS. program.
C. If the owner does not maintain the contract unit in
accordance with the HQS, or fails to provide all utilities
needed to comply with the HQS,the PHA may exercise any
available remedies. PHA remedies for such breach include
recovery of overpayments, suspension of hous-
Previous editions are obsolete Page 1 of 8 form HUD-52641 (312000)
HAPPY Software ref Handbook 7420.8.
(6) The'PHA may terminate the HAP contract if the PHA penalties in accordance with generally accepted,
determines that the contract unit "does not provide practices and law, as applicable in the local housing
adequate space in accordance with the HQS because of market, governing penalties for late payment by a
an increase in family.size or a change in family tenant. However, the PHA shall not be obligated to
composition. pay any late payment penalty if HUD determines that
(7) If the family breaks up, the PHA may terminate the date payment by the PHA is due to factors beyond the
HAP contract, or may continue housing assistance PHA's control. Moreover, the PHA shall not be
payments on behalf of family members who remain in obligated to pay any late payment penalty if housing
the contract unit. assistance payments by the PHA are delaved or denied
(8) The PHA may terminate the HAP contract if the PHA as a remedy for owner breach of the HAP contract
determines that the unit does not meet all requirements (including any of the following PHA remedies:
of the HQS,or deteres that the owner has otherwise, recovery of overpayments, suspension of housing
min
breached the HAP contract. assistance payments, abatement or reduction of
housing assistance payments, termination of housing
5. Provision and.Payment"for Utilities and Appliances assistance payments and termination of the contract).
a. The lease must specify what utilities are to be provided or (4) Housing assistance payments shall only be paid to the
paid by the owner or the tenant. owner while the family is residing in the contract unit
b. The lease must specify what appliances are to be provided during the term of the HAP contract. The PHA shall
or paid by the owner or the tenant. not pay a housing assistance payment to the owner for
C. Part A of the HAP contract specifies what utilities and any month after the month when the family moves out.
appliances are to be provided or paid by the owner or the b. Owner compliance with HAP contract. Unless the owner
tenant. The lease shall be consistent with the HAP contract. has complied with all provisions of the HAP contract, the
6. Rent to Owner: Reasonable Rent owner does not have a right to receive housing assistance
a. During the HAP contract-term, the rent to owner may at no payments under the HAP contract.
? time exceed the reasonable rent for the contract unit as most C. Amount of PHA payment to owner
recently determined or redetermined by the PHA in (1) The amount of the monthly PHA housing assistance
accordance with HUD requirements. payment to the owner shall be determined by the PHA
b. The PHA must determine whether.the rent to owner is in accordance with HUD requirements for a tenancy
reasonable in comparison to rent for other comparable under the voucher program.
unassisted units. To make this determination, the PHA must (2) The amount of the PHA housing assistance payment is
consider: subject to change during the HAP contract term in
(1) The location, quality, size, unit type, and age of the accordance with HUD requirements. The PHA must
contract unit; and notify the family and the owner of any changes in the
(2) Any amenities, housing services, maintenance and amount of the housing assistance payment.
utilities provided and paid by the owner. (3) The housing assistance payment for the first month of
C. The PHA must redetermine the reasonable rent when the HAP contract term shall be pro-rated for a partial
required in accordance with HUD requirements. The PHA month.
may redetermine the reasonable rent at any time. d. Application of payment. The monthly housing assistance
d. During the HAP contract term, the rent to owner may not
payment shall be credited against the monthly rent to owner
exceed rent charged by the owner for comparable for the contract unit.
unassisted units in the premises. The owner must give the C. Limit of PHA responsibility.
PHA any information requested by the PHA on rents charged (1) The PHA is only responsible for making housing
by the owner for other units in the premises or elsewhere. assistance payments to the owner in accordance with
7. PHA Pavment to Owner the HAP contract and HUD requirements for a tenancy
a. When paid under the voucher program.
(1) During the term of the HAP contract; the PHA must (2) The PHA shall not pay any portion of the rent to owner g
make monthly housing assistance payments to the in excess of the housing assistance payment. The PHA
owner on behalf of the family at the beginning of each shall not pay any other claim by the owner against the
month. family:
f Over ayment to owner. If the PHA determines that the s
(2) The PHA must pay housing assistance payments p i
promptly when due to the owner. owner is not entitled to the housing assistance payment or
any part of it, the PHA, in addition to other remedies,may
(3) If housing assistance payments are not paid promptly deduct the amount of the overpayment from any amounts
when due after the first two calendar months of the due the owner (including amounts due under any other
HAP contract term. the PHA shall pay the owner Section 8 assistance contract).
Previous editions are obsolete P2f 8 form HUD-52641 (3/2000)
HAPPY Software age oref Handbook 7420.8
8. Owner CertificationI (4) For projects with mortgages insured by HUD or loans
During the term of this contract,the owner certifies that: made by HUD, if the owner has failed to comply with
a. The owner is maintaining the contract unit and premises in the regulations for the applicable mortgage insurance
accordance with the HQS. or loan program, with the mortgage or mortgage note,
or with the regulatory agreement-, or if the owner has
b. The contract unit is leased to the tenant. The lease includes committed fraud, bribery or any other corrupt or
the tenancy addendum(Part C of the HAP contract), and is criminal act in connection with the mortgage or loan.
in accordance with the HAP contract and program
requirements. The owner has provided the lease to the (5) If the owner has engaged any drug-related criminal .
activity or any violent criminal activity.
PHA, including any revisions of the lease.
c. The rent to owner does not exceed rents charged-by the b. If the PHA determines that a breach has occurred,the PHA
may exercise any of its rights and remedies under the HAP
owner for rental of comparable unassisted units in the
contract,or any other available rights and remedies for such
premises. breach. The PHA shall notify the owner of such
d. Except for the rent to owner, the owner has not received determination, including a brief statement of the reasons for
and will not receive any payments or othei consideration the determination. The notice by the PHA to the owner may.
(from the-family, the PHA. HUD, or any other public or require the owner to take corrective action, as verified or
private source) for rental of the contract unit during the determined by the PHA, by a deadline prescribed in the
HAP contract term. notice.
e. The family does not own or have any interest in the contract c. The PHA's rights and remedies for owner breach of the
unit. HAP contract include recovery of overpayments,
f. To the best of the owner's knowledge, the members of the suspension of housing assistance payments, abatement or
family reside in the contract unit,and the unit is the family's other reduction of housing assistance payments,termination
only residence. I of housing assistance payments, and termination of the
g. The owner (including a principal or other interested party) HAP contract.
is not the.parent, child, grandparent, grandchild, sister, or d. The PHA may seek and obtain additional relief by judicial
brother of any member of the family, unless the PHA has order or action, including specific performance, other
determined (and has notified the owner and the family of injunctive relief or order for damages.
such determination) that approving rental of the unit, e. Even if.the family continues to live in the contract unit, the
notwithstanding such relationship, would provide PHA may exercise any rights and remedies for owner
reasonable accommodation for a family member who is a breach of the HAP contract.
person with disabilities. f. The PHA's exercise or non-exercise of any right or remedy
9. Prohibition of Discrimination. In accordance with applicable for owner breach of the HAP contract is not a waiver of the
equal opportunity statutes,Executive Orders, and regulations: right to exercise that or any other right or remedy at any
a. The owner must not discriminate against any person time.
because of race, color, religion, sex, national origin, age, 11. PHA and HUD Access to Premises and Owner's Records
familial status; or disability in-connection with the HAP a. The owner must provide any information pertinent to the
contract. HAP contract that the PHA or HUD may reasonably
b. The owner must cooperate with the PHA and HUD in require.
conducting equal opportunity compliance reviews and b. The PHA,HUD and the Comptroller General of the United
complaint investigations in connection with the HAP States shall have full and free access to the contract unit
contract. and the premises, and to all accounts and other records of
10. Owner's Breach of HAP Contract the owner that are relevant to the HAP contract, including
a. Any of the following actions by the owner (including a the right to examine or audit the records and to make
principal or other interested party) is a breach of the HAP copies.
contract by the owner: c. The owner must grant such access to computerized or other
(1) If the owner has violated any obligation under the electronic records, and to any computers, equipment or
HAP contract. includine the owners obligation to facilities containing such records, and must provide any
maintain the unit in accordance with the HQS. information or assistance needed to access the records.
(2) If the owner has violated any obli Iation under any 12. Exclusion of Third Party Rights
other housing assistance payments' contract under a. The family is not a parry to or third party beneficiary of Part
Section 8. B of the HAP contract. The family may not enforce any
(3) If the owner has committed fraud, bribery or any other provision of Part B, and may not exercise any right or
corrupt or criminal act in connections with any Federal remedy against the owner or PHA under Part B.
housing assistance program.
Previous editions are obsolete Page 3 of B form HUD-52541(3/2000)
HAPPY Software ref Handbook 7420.8
b. The tenant or the PHA may enforce the tenancy addendum 14. Assignment of the HAP Contract
(Part C of the HAP contract) against the owner, and may a. The owner may not assign the HAP contract to a new
exercise any right or remedy against the owner under the owner without the prior written consent of the PHA.
tenancy addendum. b. If the owner requests PHA consent to assign the HAP
c. The PHA does not assume any responsibility for injury to, contract to a new owner, the owner shall supply any
or any liability to, any person injured as a result of the information as required by the PHA pertinent to the
owner's action or failure to act in connection with proposed assignment.
management of the contract unit or the premises or with C. The HAP contract may not be assigned to a new owner that
implementation of.the HAP contract, or as a result of any is debarred, suspended or subject to a limited denial of
other action or failure to act by the owner: participation under HUD regulations (see 24 Code of
d. The owner is not the agent of the PHA, and the HAP Federal Regulations Part 24).
contract does not create or affect any relationship between d. The HAP contract may not be assigned to a new owner if
the PHA and any ]ender to the owner or any suppliers, HUD has prohibited such assignment because:
employees,contractors or subcontractors used by the owner
in connection with management of the contract unit or the (1) The Federal government has instituted an
premises or with implementation of the HAP contract. administrative or judicial action.against the owner or
13. Conflict of Interest proposed new owner for violation of the Fair Housing
Act or other Federal equal opportunity requirements,
a. "Covered individual" means a person or entity who is a and such action is pending; or
member of any of the following classes:
(2) A court or administrative agency has determined that
(1) Any present or former member or officer of the PHA the owner orproposed new owner violated the Fair
(except a PHA commissioner who is a participant in Housing Act or ,other Federal equal opportunity
the program); requirements.
(2) Any employee of the PHA, or any contractor, e. The HAP contract may not be assigned to a new owner if
subcontractor or aeent of the PHA, who formulates the new owner (including a principal or other interested
policy or who influences decisions with respect to the parry)is the parent,child, grandparent, grandchild, sister or
program; brother of any member of the family, unless the PHA has
(3) Any public official, member of a governing body, or determined (and has notified the family of such
`-f State or local legislator, who exercises functions or determination) that approving the assignment,
responsibilities with respect to the program;or notwithstanding such relationship, would provide
(4) Any member of the Congress of the United States. reasonable accommodation for a family member who is a
F"
b. A covered_ individual may not have any direct or indirect person with disabilities.
a interest in the HAP contract or in any benefits or payments f The PHA may deny approval to assign the HAP contract if
under the contract (including the interest of an immediate the owner or proposed new owner (including a principal or
family member of such covered individual) while such other interested patty):
person is a covered individual or during one year thereafter. (1) Has violated obligations under a housing assistance
a
C. "Immediate family member" means the spouse, parent payments contract under Section 8;
(including a stepparent), child (including a stepchild), (2) Has committed fraud, bribery or any other corrupt or
grandparent, grandchild, sister or brother (including a criminal act in connection with any Federal housing
stepsister or stepbrother) of any covered individual. program;
d. The owner certifies and is responsible for assuring that no (3) Has engaged in any drug-related criminal activity or
person or entity has or will have a prohibited interest, at any violent criminal activity;
execution of the HAP contract, or at any time during the (4) Has a history or practice of non-compliance with the
HAP contract term. HQS for units leased under the Section 8 tenant- based
e. If a prohibited interest occurs,the owner shall promptly and programs, or non-compliance with applicable housing.
fully disclose such interest to the PHA and HUD. standards for units leased with project-based Section 8
f The conflict of interest prohibition under this section may assistance or for units leased under any other-Federal -
be waived by the HUD field office for good cause. housing program;
g. No member of or delegate to the Congress of the United (5) Has a history or practice of failing to terminate tenancy
States or resident commissioner shall be admitted to any of tenants assisted under any Federally assisted
share or part of the HAP contract or to any benefits which housing program for activity engaged in by the tenant,
may arise from it. any member of the household, a guest or another
person under the control of any member of the
household that:
(a) Threatens the right to peaceful enjoyment of the
premises by other residents;
Previous editions are obsolete form HUD-62641 (3/2000)
HAPPY Software Page 4 of 8 ref Handbook 7420.8
(b) "Threatens the health or safety of olther residents, 15. Written Notices. Any notice by the PHA or the owner in
of employees of the PHA, or of owner employees connection with this contract must be in writing.
or other persons engaged in management of the 16. Entire Agreement: Interpretation
housing; a. The HAP contract contains the entire agreement between
(c) Threatens the health or safety of, i r the right to the owner and the PHA.
peaceful enjoyment of their residents by, persons
I. b. The,HAP contract shall be interpreted and implemented in
residing in the immediate vicinity of the premises;
or accordance with HUD requirements, including the HUD
program regulations at 24 Code of Federal Regulations
(d) Is drug-related criminal activity or violent Part 982.
criminal activity;
(6) Has a history or practice of renting amts that fail to
meet State or local housing codes;or
(7) Has not paid State or local real estate taxes, fines or
assessments.
g. The.new owner must agree to be.bound by and comply with
the HAP contract. The agreement must be in writing, and in
a form acceptable to the PHA. The new owner must give
the PHA a copy of the executed agreement.
Previous editions are obsolete Page 5 of 8 form HUD-52641(3/2000)
HAPPY Software ref Handbook 7420.8
Housing*Assistance Paymetjcs Contract J.S. Department of Housing
and Urban Development
(HAP) Contract Office of Public and Indian Housing
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program
Part C of HAP Contract: Tenancy Addendum
1. Section 8 Voucher Program
a. The owner is leasing the contract unit to the tenant for (2) Rent charged by the owner for comparable unassisted
occupancy by the tenant's family with assistance for a tenancy units in the premises.
under the Section 8 housing choice voucher program(voucher5. Family Payment to Owner
program) of the United States Department of Housing and
Urban Development(HUD). a. The family is responsible for paying the owner any portion of
b. The owner has entered into a Housing Assistance Payments the rent to owner that is not covered by the PHA housing
Contract (HAP contract) with the PHA under the voucher assistance payment.
program. Under the HAP contract,the PHA will make housing b. Each month,. the PHA will make a housing assistance
assistance payments to the owner to assist the tenant in leasing payment to the owner on behalf of the family in accordance
the unit from the owner. with the HAP contract. The amount of the monthly housing
I 2 Lease assistance payment will be determined by the PHA in
1
j a. The owner has given the PHA a copy of the lease, including accordance with HUD requirements for a tenancy under the
any revisions agreed by the owner and the tenant. The owner cation 8 voucher program.
certifies that the terms of the lease are in accordance with.all C. The monthly housing assistance payment shall be credited
provisions of the HAP contract and that the lease includes the against the monthly rent to owner for the contract unit.
! tenancy addendum. d. The tenant is not responsible for paying the portion of rent to
b. The tenant shall have the 'right to enforce the tenancy owner covered by the PHA housing assistance payment
addendum against the owner. if there is any conflict between under the HAP contract between the owner and the PHA. A
the tenancy addendum and any other provisions of the lease, pHA failure to pay the housing assistance payment to the
the language of the tenancy addendum shall control. owner is not a violation of the lease: The owner may not
3. Use of Contract Unit' terminate the tenancy for nonpayment of the PHA housing
a. During the lease term, the family will reside in the contract assistance payment.
unit with assistance under the voucher program. e. The owner may not charge or accept, from the family or from
b. The composition of the household must be approved by the any other source, any payment for rent of the unit in addition +:
PHA. The family must promptly inform the PHA of the birth, to the rent to owner. Rent to owner includes all housing
adoption or court-awarded custody of a child. Other persons services, maintenance, utilities and appliances to be
may not lie added to the household without prior written provided and paid by the owner in accordance with the lease.
approval of the owner and the PHA. f. The owner must immediately return any excess rent payment
c. The contract unit may only be used for residence by the to the tenant.
PHA-approved household members. The unit must be the 6. Other Fees and Charges
family's only residence. Members of the household may
or
engage in legal profit making activities incidental to primary a. Rent to owner does not include cost any meals
use of the unit for residence by members of the family. supportive services or furniture which mayy be provided by
'
d. The tenant may not sublease or let the unit. the owner.
e. The tenant may not assign the lease or transfer the unit. b. The owner may not require the tenant or family members to
pay charges for any meals or supportive services or furniture
4. Rent to Owner which may be provided by the owner. Nonpayment of any
a. The initial rent to owner may not exceed the amount approved such charges is not grounds for termination of tenancy. j.
by the PHA in accordance with HUD requirements. c. The owner may not charge the tenant extra amounts for items
U. Changes in the rent to owner shall be determined by the customarily included in rent to owner in the locality, or
provisions of the lease. However, the owner may not raise the provided at no additional cost to unsubsidized tenants in the
rent during the initial term of the lease. premises.
c, During the term of the lease (including the initial term of the 7• Maintenance,Utilities,and Other Services
lease and any extension term), the rent to owner may at no
time exceed: a. Maintenance
(1) The reasonable rent for the unit as most recently (1) The owner, must maintain the unit and premises in
determined or redetermined by the PHA in accordance accordance with the HQS.
with HUD requirements, or (2) Nlaintenance and replacement (including redecoration)must
be in accordance with the standard practice for the building
concerned as established by the owner.
Previous editions are obsolete Page 6 of 8 form HUD-52641 (312000)
HAPPY Software ref Handbook 7420.8
li
b. Utilities and appliances I (3) The ov,,....r may terminate the tenancy for criminal
(1) The owner must provide all utilities needed to comply with activity by a household member in accordance with
the HQS. this section if the owner determines that the
(2) The owner is not responsible for a breachhousehold member has committed the criminal
of the HQS
activity,regardless of whether the household member
caused by the tenant's failure to: has been arrested or convicted for such activity.
(a) Pay for any utilities that are to be p id by the tenant. (4) The owner may terminate the tenancy during the term
(b) Provide and maintain any appliances that are to be of the tease if any member of the household has
provided by the tenant. I engaged in abuse of alcohol that threatens the health,
c. Family damage. The owner is not responsible for a breach of safety or right to peaceful enjoyment of the premises
the HQS because of damages-beyond normal wear and tear
by other residents.
caused by any member of the household or by a guest. d. Other good cause for termination of tenancy
d. Housing services. The owner must provide all housing (1) During the initial lease term, other good cause for
services as agreed to in the lease. I termination of tenancy must be something the family
R. Termination of Tenanev by Owner did or failed to do.
a. Requirements. The owner may only terminate the tenancy in (2) During the initial lease term or during any extension
accordance with the lease and HUD requirements. term,other good cause includes:
b. Grounds. During the term of the lease (the' initial term of the (a) Disturbance of neighbors,
lease or any extension term), the owner may only terminate the (b) Destruction of property,or
tenancy because of: (c) Living or housekeeping habits that cause damage
(1) Serious or repeated violation of the le I e -, to the unit or premises.
(2) Violation of Federal, State, or local law that imposes (3) After the initial lease term,such good cause includes:
obligations on the tenant in connection with the occupancy (a) The tenant's failure to accept the owner's offer of
or use of the unit and the premises: a new lease or revision:
(3) Criminal activity or alcohol abuse (as provided in (b) The owner's desire to use the unit for personal or
paragraph c);orfamily use or for a purpose other than use as a
(4) Other good cause(as provided in paragraph d). residential rental unit;or
c. Criminal activity or alcohol abuse. I ' (c) A business or economic reason for termination of
(1) The owner may terminate the tenancy during the term of the tenancy (such as sale of the property,
the lease if any member of the household, a guest or renovation of the unit, the owner's desire to rent
another person under a resident's control commits any of the unit for a higher rent).
the following types of criminal activitti: e. Eviction by court action. The owner may only evict the
(a) Any criminal activity that threatens the health or safety tenant by a court action.
of, or the right to peaceful enjoyment of the premises f. Owner notice of grounds
by, other residents (including property management
staff residing on the premises); (1) At or before the beginning of a court action to evict
the tenant,the owner must give the tenant a notice that
(b) Any criminal activity that threatens the health or specifies the grounds for termination of tenancy. The
safety of, or the right to peaceful enjoyment of their notice may be included in or combined with any
residences by, persons residing in the immediate owner eviction notice.
vicinity of the premises; (2) The owner must give the PHA a copy of any owner
(c) Any violent criminal activity on I r near the premises; eviction notice at the same time the owner notifies the
orI tenant.
(d) Any drug-related criminal activity on or near the (3) Eviction notice means a notice -to vacate, or a
premises. I complaint or other initial pleading used to begin an
(2) The owner may terminate the tenancy during the term of eviction action under State or local law.
the lease if any member of the household is: 9. Lease: Relation to HAP Contract
(a) Fleeing to avoid prosecute In, or custody or If. the HAP contract terminates for any reason, the lease
confinement after conviction, for a crime, or attempt terminates automatically.
to commit a crime, that is a.felony under the laws of 10. PHA Termination of Assistance
the place from which the individual flees, or that, in The PHA may terminate program assistance for the family for
the case of the State of New Jersey, is a high any grounds authorized in accordance with HUD requirements.
misdemeanor; or If the PHA terminates program assistance for the family, the
(b) Violating a condition of probation or parole under lease terminates automatically.
Federal or State law.
Previous editions are obsolete form HUD-52641 (312000)
HAPPY Software Page 7 of 8 ref Handbook 7420.8
i
11. Family ove Out c. PHA approval of tenancy, and execution of a new
3 The tenant must notify the PHA and the owner before the family contract, are not required for agreed changes in the lease other
moves out of the unit. than as specified in paragraph b.
12. Security Deposit d. The owner must notify the PHA of any changes in the amount of
the rent to owner at least sixty days before any such changes go
a. The owner may collect a security deposit from the tenant.
(However, the PHA may prohibit the owner from collecting a into effect, and the amount of the rent to owner following any
such agreed change may not exceed the reasonable rent for the
security deposit in excess of private market practice, or in
unit as most recently determined or redetermined by the PHA in
excess of amounts charged by the owner to unassisted tenants. accordance with HUD require-menu.
Any such PHA-required restriction must be specified in the
HAP contract.) 16. Notices
b. When the family moves out of the contract unit, the owner, Any notice under the lease by the tenant to the owner or by the
subject to State and local law, may use the security deposit, owner to the tenant must be in writing.
including any interest on the deposit, as reimbursement for any 17. Definitions
a unpaid rent payable by the tenant, any damages to the unit or
Contract unit. The housing unit rented by the tenant with assistance
any other amounts that the tenant owes under the lease. under the program.
G. The owner must give the tenant a list of all items charged Family. The persons who may reside in the unit with assistance
against the security deposit, and the amount of each item. After under the program.
deducting the amount, if any, used to reimburse the owner. the
owner must promptly refund the full amount'of the unused RAP contract. The housing assistance payments contract between
balance to the tenant. the PHA and the owner. The PHA pays housing assistance payments
to the owner in accordance with the HAP contract.
d. If the security deposit is not sufficient to cover amounts the
tenant owes under the lease, the owner may collect the baHousehold. The persons who may reside in the contract unit. The
lance household consists of the family and any PHA-approved live-in aide,
from the tenant.
(A live-in aide is a person who resides in the unit to provide
13. Prohibition of Discrimination necessary supportive services for a member of the family who is a
In accordance with applicable equal opportunity statutes, Executive person with disabilities.)
Orders, and regulations, the owner must not discriminate against Housing quality standards (HQS). The HUD minimum quality
any person because of race; color, religion, sex,national origin; age, standards for housing assisted under the Section 8 tenant-based
familial status or disability in connection%with the lease. programs.
14. Conflict with Other Provisions of Lease HUD.The U.S.Department of Housing and Urban Development.
a. The terms of the tenancy addendum are prescribed by HUD in HUD requirements. HUD requirements for the Section 8 program. '
accordance with Federal law and regulation,as a condition for HUD requirements are issued by HUD headquarters, as regulations,
Federal assistance to the tenant and tenant's family under the Federal Register notices or other binding program directives.
Section 8 voucher program. Lease. The written agreement between the owner and the tenant for
b. In case of any conflict between the provisions of the tenancy the lease of the contract unit to the tenant. The lease includes the fa
addendum as required by HUD, and any other provisions of tenancy addendum prescribed by HUD.
the lease or any other agreement between the owner and the PHA Public Housing Agency.
tenant, the requirements of the HUD- required tenancy
addendum shall control. Premises. The building or complex in which the contract unit is
15. Changes in Lease or Rent located. including common areas and grounds.
a. The tenant and the owner may not make any change in the Program.The Section 8 housing choice voucher program.
tenancy addendum. However, if the tenant and the owner agree Rent to owner. The total monthly rent payable to the owner-for the
to any other changes in the lease, such changes must be in contract unit. The rent to owner is the sum of the portion of rent
writing, and the owner must immediately give the PHA a copy of payable by the tenant plus the PHA housing assistance payment to
such changes. The lease, including any changes, must be in the owner.
accordance with the requirements of the tenancy addendum. Section 8. Section 8 of the United States Housing .Act of 1937 (42
b. In the following cases, tenant-based assistance shall not be United States Code 14370.
continued unless the PHA has approved a new tenancy in Tenant. The family member (or members) who leases the unit from
accordance with program requirements and has'executed a new the owner.
HAP contract with the owner.
Voucher program. The Section 8 housing choice voucher program.
(1) If there are any changes in lease requirements govemin9 Under this program„HUD provides funds to an PHA for rent subsidy
tenant or owner responsibilities for utilities or appliances;
on behalf of eligible families. The tenancy under the lease will be
(2) if there are any changes in lease provisions governing the assisted with rent subsidy for a tenancy under the voucher program,
term of the lease:
(3) If the family moves to a new unit, even if the unit is in the
same building_ or complex. t
_ 4
Previous editions are obsolete form HUD-52641 (312000)
HAPPY Software- Page 8 of 8
ref Handbook 7420.8
i
3
Fo� W-9 Request for Taxpayer Give form to the
(Rev. December 1996) id_.itification Number and Certh..;atio.n requester.Do NOT
DarnaMnentofthe Treasury I serl the IRS
Internal revenue Service
Namel(If a joint account or you changed your name,see Specific Instructions on Page 2.)
Business name,;� Ifferen rom above.(See Sp ific Instructions on Page 2)
r�',G
Check appropriate box. [❑ Ini ividual/Sole proprietor ❑ Corpdration ❑ Partnership ❑ Other
Address(number,street,arid apt.or suite no.)I Requester's name and address(optional)
City of Pittsburg Housing Authority
( City,state,and ZIP code I. _
Taxpayer Ideatiffcation Number TIN list account number(s)here(optional)
Enter your TIN in the appropriate box.For Individuate,this
IS your social security number(SSN).However,if you are social security Number
a resident alien OR a sole proprietor,see the instructions
on page 2 For other entities,It is your employer
Identification number(EIN). If you do not have a number, For Payees Exempt From
see How To Get a TIN on page 2 Backup Withholding(See
_
Note:lithe account isln more than one Employer Identification number the Instructions on page 2.)
name,see the chart on page 2 for guidelines �j I U� �� E C'I ( -tl L I "
on whose number to enter.
UM Certification
Under penalties of perjury,1 certify that.
1. The number shown on this form Is my correct taxpayer identification number(or I am waiting for a number to be Issued tome),and
2. tam not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service
(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer
subject to backup withholding.
Certification Instructions You must cross out item 2 above if you have been noted by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest
paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,
payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correctTIN.(See the instructions on
page 2.)
Sign
Here Signature �`>lS Date !�'-- 1 6 `c
Purpose of Form.—A person who is required include Interest,dividends,broker and barter Ii.You do not certify your'nN when
to file an information return with the IRS must exchange transactions,rents,royalties, required.See the Part III instructions on page 2
get your correct taxpayer Identification number nonemployee pay,and certain payments from for details.
(TIN)to report,for example,income paid to fishing boat operators.Real estate transactions
you,real estate transactions,mortgage Interest are not subject to backup withholding. Certain payees and payments are exempt
you paid,acquisition or abandonment of from backup withholding.See the Part II
secured property,cancellation of debt,or ` instructions and the separate Instructions for
contributions you made to an IRA. If you give the requester your correct TIN, the Requester of Form W.9.
make the proper certifications,and report all
Use Form W-9 to give your correct TIN to your taxable interest and dividends on your tax Penalties
the person requesting it(the requester)and, return,payments you receive will not be subject Failure To Furnish TIN.—If you fall to furnish
when applicable,to: . to backup withholding.Payments you receive
will be subject to backup withholding it. correct TIN a requester,you are unless
to a penally,of due
0 for each such failure unless
1.Certify the TIN you are giving Is correct your failure
(or you are waiting for a number to be issued), 1.You do not furnish your TIN to the due to reasonable cause and not
requester,or to willful neglect.
2.Certify you are not subject to backup
withholding,or 2.The IRS tells the requester that you Civil Penalty for False Information With
Respect to Withholding.—If you make a false
furnished an Incorrect TIN,or
statement with no reasonable basis that results
3.Claim exemption from backup
withholding if you are an exempt payee. 3.The IRS tells you that you are subject to in no backup withholding,you are subject to a
backup withholding because you did not report y500 penally.
Note,If a requester gives you a form other all your Interest and dividends on your tax return Criminal Penalty for Falsifying
than a W-9 to request your TIN,you must use (for reportable interest and dividends only),or Information.—Willfully falsifying certifications _
the requester's form If it is substantially similar
to this Form W-9. 4.You do not certify to the requester that or affirmations may subject you to criminal
you are not subject to backup withholding under penalties including fines and/or Imprisonment
What Is Backup Withhoiding7—Persons 3 above(for reportable interest and dividend Misuse of TINS.—lf the requester discloses or
making certain payments to you must withhold accounts opened after 1983 only),or uses TINs in violation of Federal law,the
and pay to the IRS 31%of such payments
under certain conditions.This is called'backup requester may be subject to civil and criminal
penalties.
withholding.'Payments that may be subject to
backup withholding
HAPPY Software I Form W-9(rev.12_5
Disclosure of Informatior', un Lead-Based Paint
and Lead-Based Paint Hazards
Tenant ID
Lead Warning Statement I-
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not
taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978
housing, owners must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants
must also receive a federally approved pamphlet on lead poisoning prevention.
Owner's Disclosure
(a) Presence of lead-based paint hazards(please check one box below):
F-I Known lead-based paint and/or lead-based paint hazards are present in the housing(Please explain).
Owner has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(p) Records and reports available to owner(please check one below):
Owner has provided the tenant with all available records and reports pertaining to lead-based paint and/or
lead-based paint hazards in the housing (please list documents provided below).
m Owner has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the
housing.
Tenant's Acknowledgment
(c) Tenant has received copies of all information listed above.
(d) Tenant has received the pamphlet Protect your Family from Lead in your Home from the Housing Agency.
k '
Housing Agency's Acknowledgment
(e) Housing Agency has informed the tenant of the owner's obligations under 42U.S.C.4852(d)and is aware of agency's
responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify,the the best of their knowledge,that the
information provided by those signing this document is true and accurate. .
2
Signatures
Housing Agency Representative Tenant Owner
City of PittsVrg Housing Authn Susan A. Rodriguez Contra Costa County
Print or Type me of HA - Print or-Type Name of Tenant I Pr nt or Type Name of Owner
ELS �--
Signature --Signature Signature BARTON GILBERT
Rosie smith, Housing Manager �C I i �l�;� DIRECTOR OF GENERAL SERVIC
Print or Type Name and Title of Signatory Date Print or Type Name and Title of Signatory .
Date Date -
0 HAPPY Software Page 1 of 1 - 3/99
Exhibit D
Preliminary Title Report
C-1
773\01\.)27794.1
� Escrow Branch:
n Ce Title Sand Creek Road Ste I
Brentwood,CA 94513
(925)516-3130
Fax: (925)516-3142
PRELIMINARY REPORT
Escrow Officer: Katherine Miller/mel
3
ORDER NO. 11331676-513-3 KMM
Ref. No:
Update No.3
Property Address:
Frontage Road
Pittsburg,CA 94565
APN: 087-030-008, 087-193-035, 087-193-036
087-400-018, 087-195-020, 087-193-001
& 087-193-002
In response to the above referenced application for a policy of title insurance,this Company reports that it is prepared to issue,or cause to be issued,
as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The
exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,
and encumbrances affecting title to the land. This report(and any supplements hereto)is issued solely for the purpose of facilitating the issuance
r of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance,a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
CLTA Owner's,ALTA Lender's issued by First American Title Insurance Company
Dated as of November 9, 2005 at 7:30 a.m.
3.
t
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
Contra Costa County, a political subdivision of the State of California
,µ
The land referred to in this Report is situated in the State of California,County of Contra Costa and is described as follows:
(See "Legal Description" Schedule C attached)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown
on the following pages.
Page No.2
File No. 11331676-513-3 KMM
1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2005-
2006, a lien, shown as follows:) No Tax Due
Affects: APN: 087-030-008, 087-193-035, 087-400-018, 087-195-020, 087-193-001,
087-193-002 and 087-1193-036
2. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2005-
2006, a lien, shown as follows:
1st Installment $38.59 OPEN
2nd Installment $38.59 OPEN
Assessor's Parcel No. 087-193-035 Code Area 07-004
Land $64,860.00 IMP $108,101.00 PP NONE Exempt NONE
3. The lien of supplemental taxel, if any, assessed pursuant to the provisions of Chapter 3.5,
(commencing with Section 75')to the Revenue and Taxation Code of the State of California.
4. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes, shown or dedicate i by the map herein referred to:
For: Public Utilities, Ingress and Egress
Affects: Portions of said land
I
5. An easement affecting the p Irtion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of: Pacific Telephone and Telegraph Company
For: Communication facilities
Recorded: May 6, 1977 in Book 8320, Page 319, Official Records -
Affects: A portion of said land
6. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements,
if any.
Page No.3
File No. 11331676-513-3 KMM
NOTES:
a. Date last insured: No STR
b. This report does not reflect requests for notice of default, requests for notice of delinquency,
subsequent transfers of easements, and similar matters not germane to the issuance of the policy of
title insurance anticipated hereunder.
6
c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of
1989 Mandates of the California Insurance Code requires hold periods for checks deposited to
escrow or sub-escrow accounts. Such periods vary depending upon the type of check and
anticipated methods of deposit should be discussed with the escrow officer.
d. No endorsement issued in connection with the policy and relating to covenants, conditions or
restrictions provides coverage for environmental protection.
e. SPECIAL RECORDINGS: Due to a severe budget shortfall,many County recorders have
announced that as of September 1, 1992, severe limitations will be placed on the acceptance of
"special recordings."
f. HOMEOWNERS ASSOCIATION: if the property herein described is subject to membership in a
Homeowners Association, it will become necessary that we be furnished a written statement from
the said Homeowners Association of which said property is a member, which provides that all
liens, charges and/or assessments levied on said land have been paid. Said statement should
provide clearance up to and including the time of closing. In order to avoid unnecessary delays at
the time of closing we ask that you obtain and forward said statement at your earliest convenience.
g. DEMANDS: This company requires that all beneficiary demands be current at the time of closing.
If the demand has expired and a current demand cannot be obtained it may be necessary to hold
money whether payoff is made based on updated verbal figures or an expired demand. ,
h. LINE OF CREDIT PAYOFFS: If any deed of trust herein secures a line of credit we will require
that the account be frozen and closed and no additional advances be made to the borrower. If the
beneficiary is unwilling to freeze the account we will require you submit to us all unused checks,
debit vouchers, and/or credit cards associated with the loan along with a letter(affidavit) signed by
the trustor stating that no additional advances will be made under the credit line. If neither of the
above is possible it will be necessary to hold any difference.between the demand balance and the
maximum available credit.
i. MAPS: The map attached hereto may or may not be a survey of the land depicted thereon, you
should not rely upon it for any purpose other than orientation to the general location of the parcel
or parcels depicted, Alliance Title Company expressly disclaims any liability for alleged loss or
damages which may result from reliance upon this map.
4
i
f
f
Page No.4
File No. 11331676-513-3 KMM
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the City of Pittsburg, County of Contra Costa, State of California,
described as follows:
PARCEL:ONE:
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
same parcel being a portion of Parcel One and all of Parcel Two described in the Grant Deed to Contra
Costa County,recorded May 31, 2001 in Document No. 2001-0147481-00 in the Official Records of
Contra Costa County, more particularly described as follows:
Commencing at the Southwest corner of said Parcel Two; thence along the west line of Parcels One and
Two, North 17° 42' 14" East, 73.165 meters to a point on the south line of Frontage Road; thence along
the south line of Frontage Road for the following four(4) courses:(1) South 69° 53' 43"East;21.287
meters to the beginning of a curve to the right, (2) in an easterly direction 49.051 meters along the arc of
said curve to the right, having a radius of 48 8.73 0 meters and through a central angle of 5° 45' 01", (3)
South 64° 08' 41"East, 4.250 meters to the beginning of a curve to the right, (4) in a southeasterly
direction 8.714 meters along the arc of said curve to the right,having a radius of 6.100 meters and
through a central angle of 81' 5d' 55" to a point on the east line of Parcel One, same line common with
the west right of way line of Crestview Drive; thence along the west right of way line of Crestview
Drive, South 17° 42' 14" West, 61.124 meters to the southeast corner of Parcel Two; thence along the
south line of Parcel Two, North 720 17' 46" West, 79.533 meters to the Point of Beginning.
PARCEL TWO:
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
and being a portion of Lot 112 as shown on the Map of Subdivision 2451, filed August 21, 1956 in Book
65 of Maps, at Page 13 in the.dfficial Records of said County, The same Lot 112 conveyed to Contra
Costa County by Grant Deed,recorded January 02, 2001 in Document No. 2001-0000067-00 in the
Official Records of said County; said parcel being more particularly described as follows:
Beginning at the southwest comer of Lot 112; thence along the west line of Lot 112,North 17° 42' 14"
East, 6.561 meters to the beginning of a curve to the right, same point being on the South line of
Frontage Road; thence leavinglsaid west line of Lot 112 and along the South line of Frontage Road for
the following two (2) courses:i(1) in a northeasterly direction 9.837 meters along the are of said curve to
the right,having a radius of 6.100 meters and through a central angle of 920 24' 03", and(2) South 69°
53' 43" East, 24.148 meters toy a point on the east line of Lot 112; thence along the east line of Lot 112,
South 17°42' 14"West, 11.644 meters to the southeast comer of Lot 112; thence along the South line of
Lot 112, North 72° 17' 46"West, 30.482 meters to the Point of Beginning.
Page No. 5
File No. 11331676-513-KMM
p
PARCEL THREE:
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
and being portions of Lots 109.and 110 as shown on the Map of Subdivision 2451, filed August 21,
1956 in Book 65 of Maps, at Page 13 in the Official Records of said County, same Lots'109 and 110 as
conveyed to Contra Costa County by Grant Deeds, recorded January 31, 2001 in Document No. 2001-
0034062-00 respectively in the Official Records of said County, said parcel being more particularly
described as follows: -
Beginning at the Southwest corner of Lot 109; thence along the west line of Lots 109 and 110,North_
17' 42' 14"East, 16.789 meters to a point on the South line of Frontage Road; thence along the South
line of Frontage Road for the following two (2) courses: (1) South.69° 53' 43"East, 24.776 meters to
the beginning of a curve to the right, (2) in the southeasterly direction 9.311 meters along the arc of said
the right,having a radius of 6.090 meters and through a central angle of 87° 35' 57" to a point on the
East line of Lot 109; thence along the East line of Lot 109, South 17' 42' 14" East, 9.671 meters to the
Southeast corner of Lot 109; thence along the South line of Lot 109, North 72° 17' 46" West, 30.480
meters to the Point of Beginning.
PARCEL FOUR:
Land Description of a parcel of land situate in the City of Pittsburg, Contra Costa County, California,
and being portions of Lots 67 and 68 as shown on the Map of Subdivision 2451, filed August 21, 1956
in Book 65 of Maps, at Page 13 in the Official Records of said County, same Lots 67 and 68 as
conveyed to Contra Costa County by Grant Deeds,recorded July 17, 2001 in Document No. 2001-
0203725-00 and recorded December 26, 2000 in Document No. 2000-0289333-00 respectively in the
Official Records of said County, said parcel being more particularly described as follows:
4
Beginning at the Southwest corner of Lot 68; thence along the west line of Lot 68, North 17° 42' 14"
' East, 11.716 meters to the beginning of a curve to the right, same point being on the South line of
Frontage Road; thence along the South line of Frontage Road for the following two (2) courses: (1)in a
northeasterly direction 9.837 meters along the arc of said curve to the right, having a radius of 6.090
meters and through a central angle of 92° 24' 03", and(2) South 69° 53' 43"East, 24.156 meters to a
point of the east line of Lot 67; thence along the East line of Lots 67 and Lot 68, South 17°42' 14"
West, 16.789 meters to the southeast corner of Lot 68;thence along the South line of Lot 68,North 720
)
17' 46" West, 30.480 meters to the Point of Beginning.
t
l
1,
Page No. 6
File No. 11331676-513-KMM
PARCEL FIVE:
Land Description of the undivided remainder of several subdivided lots situate in the City of Pittsburg,
Contra Costa County, California, and being all of Lot(s) 1, 2, 10, 11, 12, 13, 14, 15, 16 and the
remainder portions of Lot(s) 3, 9 and 17 as created by that certain Subdivision 4648, recorded December
28, 1976 in Book 192 of Maps, at Page 9 in the Official Records of said County, same subdivided Lot(s)
1, 2, 12, 15 and 16 conveyed to Contra Costa County by Grant Deeds recorded respectively as Lot 1 -
recorded July 02, 2001 as Document No. 2001-0187434-00, Lot 2 -recorded October 4, 2001 as
Document No. 2001-0299124-00,Lot 12-recorded January 5, 2001 as Document No. 2001-0002804-
00, Lot 15 =recorded February 261, 2001 as Document No. 2001-0042736-00 and Lot 16-recorded
September 14, 2001 as Document INo. 2001-0275301-00, and same subdivided Lot(s) 3, 7, 8, 9, 10, 11,
13, 14 and 17 as described in the Final Condemnation Order in favor of Contra Costa County recorded
on April 08, 2003 as Document No. 2003-0160431-00, said undivided remainder being more
particularly described as follows:
Commencing at a 1-1/2 inch iron pipe (not tagged)found and accepted as the northeast corner of Lot
111 of Subdivision 2451,recorded August 21, 1956 in Book 65 of Maps on Page 13, same corner being
the northwest comer of said Subdivision 4648;thence along the common line between Subdivision(s)
4648 & 2451, South 17° 42' 14"I Vest-23.984 meters to a point on the South right of way line of
Frontage Road; thence across Lots 9, 17 and 3 of Subdivision 4648, South 69° 53' 43" East, 79.154
meters to a point on the East line of said Lot 17 of Subdivision 4648; thence along the East line of Lot
17, South 17° 42' 14" West-46.761 meters to the Southeast comer of Lot 17, same corner being
common with the Southeast coroer of Subdivision 4648; thence along the South line of Subdivision
4648,North 720 17' 46" West-,79-085 meters to the Southwest comer of Subdivision 4648; thence
along the West line Subdivision 4648,North 170 42' 14" East- 50.076 meters to the Point of
Beginning.
APN Nos: 087-030-008, 087-193-035, 087-193-036, 087-400-018, 087-195-020, 087-193-001 &
087-193-002
FX
x
Notice
In accordance with Section 18662 of the Revenue&Taxation Code, a buyer may be required to withhold an amount equal to 3 and 1/3 percent of
the sales price in the case of the disposition of California real property interest by either:
I) A seller who is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the
seller, OR.
2) A corporate seller that has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld
or five hundred dollars($500.00).
However,notwithstanding any other provision included in the California statutes referenced above,no buyer will be required to withhold any amount
or be subject to penalty for failure to withhold if:
1) The sales.price of the California real property conveyed does not exceed one,hundred thousand dollars($100,000.00),OR
2) The seller executes a written certificate,under the penalty of perjury,certifying that the seller is a corporation with a permanent place
of business in California,OR
3) The seller,who is an individual,executes a written certificate,under the penalty of perjury,certifying:
a. That the California real property being conveyed is the seller's principal residence(within the meaning of Section 121 of the
Internal Revenue Code).
b. That the California real property being conveyed is or will be exchanged for property of like kind(within the meaning of
Section 1031 of the Internal Revenue Code),but only to the extent of the amount of gain not required to be recognized for
California income tax purposes under Section 1031 of the Intemal Revenue Code.
c. That the California real property being conveyed has been compulsorily or involuntarily converted (within the meaning of
Section 1033 of the Intemal Revenue Code)and that the seller intends to acquire property similar or related in service or use
so as to be eligible under Section 1033 of the Internal Revenue Code.
d. That the California real property transaction will result in a loss for California income tax purposes.
The Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant a reduced withholding and waivers
from withholding on a case-by-case basis for corporations or other entities.
The parties to this transaction should seek the professional advice and counsel of an attorney,accountant or other tax specialist's opinion concerning
the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer.
Please call your Escrow Officer if your answer is
"Yes" to any of the following questions
♦ At any time during the preceding 6 months,has there been,or is there currently,any work or construction of improvements on the property?
♦ Are any of the parties currently vested in title,on the property herein currently Incapacitated or Deceased?
♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this
i transaction?
♦ Has there been a recent change of marital status of any of the principals involved in this transaction?
♦ Is the property herein intended to be transferred into a Trust,Partnership,Corporation,or Limited Liability Company?
♦ Do the sellers of the property reside outside the state of California?
♦ Will the property described herein be part of a Tax Deferred Exchange?
In order to better serve you, We ask that you remember:
♦ All parties signing documents must have a valid Photo Identification Card,Drivers License,or Passport for notarial acknowledgment.
a ♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required, so he or she may order payoff demands in a timely
manner,&advise your Escrow Officer of any loan(s)that are to be assumed by the buyer.
♦_ If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name& phone number to add the new
lender on the policy as a loss payee.
♦ If there is to be a change of ownership,it will be necessary for the parties acquiring title to indicate how they would like to be vested. Alliance
Title Company has a worksheet available that will briefly explain each of the various methods of holding title(please feel free to request a copy
from us). Note: Each method by which you can hold title has different legal &/or tax considerations&parties are encouraged to obtain advise
from an Attorney,CPA,or other professional knowledgeable in this area.
Privacy Policy for Customers -
Q
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been
authorized by the customer, or are required by law.
1, 1 Fll Ilan
f
EXHIBIT A
LIST OF PRINTED Ei CEPTIONS AND EXCLUSIONS(By Policy Type)
1.CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990
ISCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attomeys'fees of expenses)which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records,
Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public
records.
2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in
possession thereof.
3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records.
5 (a)Unpatented mining claims,(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof,(c)water rights,claims or title to water,whether or not the matters
excepted under(a),(b),or(c)are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of:
1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting;regulating,prohibiting or relating to(i)
the occupancy,use,or enjoyment of the land,(ii)the character, dimensions or location of any improvement now or hereafter erected on the land,(iii)a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or(iv)environmental protection,or the effect of any violation of these laws,
ordinances or governmental regulations,except to the exterit that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy. -
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on Elie rights of a purchaser for value without knowledge -
3. Defects,liens,encumbrances,adverse claims,or other matters.
(a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant,
(b) not known to the Company,not recorded in the public recoids at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an.in under this policy,
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy,or -
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this
policy
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the
indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof.which arises out of the transaction evidenced by the insured mortgage and is based upon usury
or any consumer credit protection or truth in lending law.
6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by
reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws.
2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law,ordinance or governmental regulation (includi Ig but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or
enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a
reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant:(b)not known to the Company and not
shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not
disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder.(c)resulting in no loss or damage to the
insured claimant,(d)attaching or created subsequent to Date of Policy,or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid
value for the estate or interest insured by this policy.
3.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: -
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. -
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof
3. Easements,claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records
5. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water.
6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records.
4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970
WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of
the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the
dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant,(b)not known to the Company and not shown by
k the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured
mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured daimant became an insured hereunder,(c)resulting in no loss or damage
to the insured claimant,(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the
extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing
business"laws of the state in which the land is situated.
5.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above
are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: 4
' Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. -
2. Any facts, rights,interests,of claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements,claims of easement or encumbrances which are not shown by the public records:
4. Discrepancies,conflicts in boundary lines,shortage in area;encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records.
5. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water.
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records.
6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of
1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to
(1)the occupancy, use,or enjoyment of the land, (ii)the character, dimensions or location of any Improvement now or hereafter erected on the land, (iii)a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or(iv)environmental protection.or the effect of any violation of
these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters.
(a) created,suffered,assumed or agreed to by the insured claimant, -
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,
a labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
S 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the
indebtedness,to comply with applicable"doing business"laws of the state in which the land is situated.
e 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
4:8 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an
improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
>$ indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or
similar creditors'rights laws that is based on: -
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a)to timely record the instrument of transfer;or ..-
(b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used
and the following exceptions to coverage appear in the policy.
r
. �sj,
SCHEDULE B
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of.
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.-
3. Easements,claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records
5. Unpatented mining claims,reservations or exceptions in patents or bn Acts authorizing the issuance thereof,water rights,claims or title to water.
6. Any lien,or right to a lien,for services,labor or material theretofore of hereafter furnished,imposed by law and not shown by the public records
B.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of
1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)
the occupancy,use,or enjoyment of the land,(ii) the character,dimensions or location of any improvement now or hereafter erected on the land,(iii)a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or(iv)environmental protection,or the effect of any violation of these laws,
ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matteis: "
(a) created,suffered,assumed or agreed to by the insured claimant,
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy, .
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy,or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency,or similar creditors'rights laws,that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer,or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure
(a)to timely record the instrument of transfer,or .
(b)of such recordation to impart notice to a purchaser for vl lue or a judgment or lien creditor,
9.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used
and the following exceptions to coverage appear in the policy. I
SCHEDULE B
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of
Part One:
1. Taxes or assessments which are not shown as existing liens bytherecords of any taxing authority that levies taxes or assessments on real property or by the public records
2. Any facts, rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof
3. Easements,claims of easement or encumbrances which are not shown by the public records. -
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records.
5. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof:water rights,claims or title to water,
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records.
10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1987 .
EXCLUSIONS
In addition to the Exceptions in Schedule 6, you are not insured against loss,costs,attomeys'fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
land use land division
improvements on the land environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it,unless:
a notice of exercising the right appears in the public records on the Policy Date
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created,allowed,or agreed to by you
that are known to you,but not to us,on the Policy Date-unless they appeared in the public records
that result in no loss to you Ithat first affect your fille after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title. - -
S. Lack of a right:to any land outside the area specifically described and referred to in Item 3 of Schedule A,or
in streets,alleys,or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
Form No.1491.EAGLE(10/98)
Addendum to Exhibit A -
. � 1
ADDENDUM TO EXHIBIT A '
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) ;
G
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE- 1998
ALTA HOMEOWNER'S POLICY OF TITTLE INSURANCE- 1998
EXCLUSIONS .
In addition to the Exceptions in Schedule S,you are not insured against loss,costs,attorneys'fees,and expenses resulting from:
' 1. Governmental police power,and the existence or violation of any law or government regulation.This includes ordinances,laws and regulations concerning:
' a. building -
b. zoning
C. land use
s d. improvements on the Land
e, land division
I. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24.
2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building
codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it,unless:
- a. a notice of exercising the right appears in the Public Records at the Policy Date;or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records:
b. that are Known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You;or
d. that first occur after the Policy Date-this floes not limit the coverage described in Covered Risk 7,8.d,22,23,24 or 25, -
5. Failure to pay value for Your Title.
6. Lack of a right: _
a, to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and
b. in streets,alleys,or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of:
1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)
the occupancy,use,or enjoyment of the Land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the Land;(iii)a separation in ownership
or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,
ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or
alleged violation affecting the Land has been recorded in the Public Records at Date of Policy.Phis exclusion does not limit the coverage provided under insuring provisions 14,
15,16 and 24 of this policy.
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy.This exclusion does not limit the coverage provided under insuring
provisions 14,15,16 and 24 of this Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy,but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a)created,suffered,assumed or agreed to by the Insured Claimant;
(b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an Insured under this policy;
3 (c)resulting in no loss or damage to the Insured Claimant; - _ _ -
(d)attaching or created subsequent to Date of Policy(this paragraph(d)does not limit the coverage provided under insuring provisions 7,8,16,17,19,20,21,23,24 and 25);or
Et
3
(e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the nability or failure of the Insured at Date of Policy,or the inability or failure of any subsequent owner of the
indebtedness,to comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage,or clai i thereof,which arises out of the transaction evidenced by the Insured Mortgage and is based upon:
(a)usury,except as provided under insuring provision 10 of this policy;or -
(b)any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become alien on the Land subsequent to Date of Policy.
7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar
creditors'rights laws,that is based on:
(a) the transaction creating the,interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(b) the subordination of the interest of the insured mortgagee as a rest It of the application of the doctrine of equitable subordination;or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except,where the preferential transfer results from the failure:
(i)to timely record the instrument of transfer;or
(ii)of such recordation to impart notice to a purchaser for value ori judgment or lien creditor..
B. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee
shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,and all interest charged thereon,over liens,encumbrances and other
- matters affecting title,the existence of which are Known to the Insured at:
(a) The time of the advance;or
(b) The time a modification is made to the terms of the Insured Mortgi ge which changes the rate of interest charged,if the rate of interest is greater as a result of the modification
than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of:
1. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE.
13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992
WITH IEAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 12 above are used and the following exceptions i coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts,rights,interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof. .
3. Easements,claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records.
5. Unpatented mining claims;reservations or exceptions in patents or in actsiauthorizingthe issuance thereof;water rights,claims or title to water.
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records.
Part Two:
1. Environmental,protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE
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D&wfpWn: Contra Costa,CA Assessor Map 87.3 Page: 1 of 1
Orders 11331676 Comment:
a