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TO: REDEVELOPMENT AGENCY
N„ Costa
FROM: DAVID TWA, EXECUTIVE DIRECTOR
County
DATE: DECEMBER 16, 2008
SUBJECT: Orbisonia Heights Property Acquisition, Bay Point Area
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
A. APPROVE Purchase and Sale Agreement and ACCEPT the Grant Deed from Lan Tran for the
purchase of 571 S. Broadway Avenue, Bay Point, identified as Assessor's Parcel Numbers
094-014-001 and 094-014-010.
B. AUTHORIZE the Redevelopment Director to execute said Purchase and Sale Agreement on
behalf of the Redevelopment Agency.
C. APPROVE payment of $145,000 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to Common Wealth Title Company, 1309
College Avenue, Suite#100, Santa Rosa, CA 95404, Escrow No. 78380435 to be forwarded to
the Real'Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant Deed delivered to the
Title Company for recording in the Office of the County Record r.
CONTINUED ON ATTACHMENT: X YES SIGNATURE, 6 I
ECOMMENDATION OF COUNTY ADMINISTRATOR _ RECO EN ATION OF OARD COMMITTE
APPROVE OTHER.
SIGNATURE (S):
ACTION OF BOARD ON APPROVED ASROM DED' OT R
VOTE OF COMMISSIONERS 1 HEREBY E TIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT) CORRECT PY OF AN ACTION TAKEN AND
AE NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Maureen Toms 335-7230 ATTESTEDt dA te Lo O
cc: County Administrator DAVID TWAL RK OF THE BOARD OF
Assessor's Office SUPERVISORS AND COUNTY ADMINISTRATOR
PW Real Property—C. Sousa
BY DEPUTY
G:CDGB-REDEV/redev/board orders and greenies/12.16.08 Orbinsonia
Page 2
Subject: Orbisonia Heights Property Acquisition, Bay Point Area
December 16, 2008
Fiscal Impact:
This activity is funded by the Contra Costa County Redevelopment Agency(100%). No General Fund
money was used on this project.
Reasons for Recommendations and Background:
This project is to redevelop approximately 7.6 acres of the Orbisonia Heights subdivision with residential
mixed-use,transit-oriented development as described and planned for in the Pittsburg/Bay Point BART
Station Specific Plan approved by the Contra Costa County Board of Supervisors. In orderto meet the
purpose of this portion of the Specific Plan acquisition of the existing residential properties southeast of
the State Highway 4/Bailey Road Interchange must occur.
Consequences of Negative Action:
The Agency will not be able to assemble this property with the current properties already acquired
within the Specific Plan in the unincorporated community of Bay Point in Contra Costa County.
Recorded at the request of:
Contra Costa County Redevelopment
Agency
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: C. Sousa
Assessor's Parcel No. 094-014-001, 094-014-010
Title Co. Order No. 78380435
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, Lan Tran
GRANT to
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing
under the laws of the State of California,
the following described real property in the unincorporated area of Bay Point, County of Contra
Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR
Date
Lan Tran
ATTACH APPROPRIATE ACKNOWLEDGMENT
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EXHIBIT"A"
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of Contra Costa, State of California,
described as follows:
PORTION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14,TOWNSHIP 2
NORTH, RANGE I WEST, MOUNT DIABLE BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
PARCEL ONE:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 14,
TOWNSHIP 2 NORTH, RANGE 1 WEST, MOUNT DIABLO BASE AD MERIDIAN; THENCE ALONG
THE WESTERLY LINE OF SAID SOUTHEAST 1/4 OF SAID SECTION; SOUTH 00 45'EAST, A
DISTANCE OF 1308.40 FEET; THENCE NORTH 890 46' EAST,A DISTANCE OF 275.00 FEET TO
THE POINT OF BEGINNING OF THE PROPERTY HEREINAFTER DESCRIBED;THENCE FROM SAID
POINT OF BEGINNING NORTH 896 46'EAST,A DISTANCE OF 195.00 FEET;THENCE NORTH 00
45'WEST A DISTANCE IF 90.00 FEET;THENCE SOUTH 890 46'WEST,A DISTANCE OF 195.00
FEET;THENCE SOUTH 0°45' EAST,A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING.
PARCEL TWO:
AN EASEMENT(NOT TO BE EXCLUSIVE)AS AN APPURTENANCE TO THE PARCEL OF LAND
DESCRIBED IN THE DEED FROM EVERETT A. HAKOLA, ET, UX,TO HARRY HARTMAN,
RECORDED FEBRUARY, 15, 1960 UNDER RECORDER'S SERIAL NO. 9117 IN BOOK 3556 IF
OFFICIAL RECORDS,PAGE 306 FOR SEWER PURPOSES AND APPURTENANCES THERETO OVER
A STRIP OF LAND 5 FEET IN WIDTH THE SOUTH LINE OF WHICH 1S PARALLEL WITH AND 5
FEET SOUTHERLY MEASURED AT RIGHT ANGLES TO THE NORTH LINE THEREOF AND WHICH
NORTH LINE IS THE ENTIRE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED
FROM EARL). FULLMER, ET UX, TO ERNEST P. RARER, ET UX, RECORDED AUGUST 18, 1959
UNDER RECORDER'S SERIAL NO. 54009 IN BOOK 3435 OF OFFICIAL RECORDS, PAGE 386, SAID
SOUTH LINE IS.TO TERMINATE ON THE EAST BY THE EAST LINE OF SAID PARCEL(3435 OR
386)AND ON THE WEST BY THE WEST LINE OF SAID PARCEL(3435 OR 386)
APN: 094-014-010-6 and 094-014-001-5
Parcel Number: 094-014-001 & 094-014-010 Grantor: Lan TranErrorl Bookmark not defined.
Project Name: Orbisonia Heights - Redevelopment Address: 671 S. Broadway
Project Number: 4500-6X5489 Bay Point, CA 94565
PURCHASE AND SALE AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa County Redevelopment Agency, a body corporate
and politic existing under the laws of the State of California, (hereinafter "Agency") and Lan Tran (hereinafter
"Grantor").
RECITALS
Grantors are the owners of approximately 17,550 square feet of real property located in the unincorporated
community of Bay Point, Contra Costa County, California and described on Exhibit "A" attached hereto and
incorporated herein by reference. The real property, including improvements thereon, if any, are collectively
referred to herein as the "Property".
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Effective Date. It is understood that this Agreement is subject to approval by the Agency's Governing
Board. This Agreement is effective.on the date approved by the Agency's Governing Board ("Effective
Date"). This Agreement will be submitted to the Grantors first for approval, and thereafter to the Agency.
2. Purchase and Sale. -.Subject to the terms and conditions in this Agreement, Grantors agree to sell and
Agency agrees to purchase.the Property.
3. Purchase Price. The purchase price for the Property shall be ONE HUNDRED FORTY FIVE
THOUSAND DOLLARS ($145,000) ("Purchase Price").
3.1. All ad valorem real property taxes and any penalties and costs thereon, and all installments of any
bond or assessment that constitutes a lien on the Property shall be cleared and paid by Grantors
as of the date title shall vest in Agency by the recordation of the deed herein pursuant to Sections
4986, 5082, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of
the date title vests.
3.2. The Purchase Price shall be paid to Lan Tran
4. Conditions to Agency's Performance. The Agency's obligation to perform under this Agreement is
subject to the following conditions:
4.1. Grantors' representations and warranties in this Agreement being correct as of the date of this
Agreement and as of the Close of Escrow.
4.2. Grantors' performance of all obligations under this Agreement.
4.3. The vesting of title to the Property in the Agency by grant deed in fee simple absolute, free and
clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes
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except the following "Approved Exceptions" as outlined in the Preliminary Report dated December
2008, issued by Common Wealth Title Company:
A. Covenants, conditions, restrictions and reservations of record, listed as exception_
B. Easements or rights of way of record over said property, listed as exception - none.
C. Other approved exception(s)
4.4. Common Wealth Title Company is prepared to issue a CLTA title insurance policy in the full
amount of the purchase price, subject only to the Approved Exceptions ("Title Policy').
If Agency determines that any of these conditions have not been met, Agency shall have the right to
terminate this Agreement by delivering written notice to Grantors and, if applicable, the Escrow agent.
5. Escrow. By this Agreement, Agency and Grantors establish an escrow ("Escrow")with Common Wealth
Title Company, 1309 College Avenue, Santa Rosa, CA 95404, their Escrow No.78380435 ("Title
Company'). Grantors hereby authorize Agency to prepare and file escrow instructions with said Title
Company, on behalf of Grantors, in accordance with this Agreement. This includes authorization of the
Title Company to withhold pro rata taxes, liens and assessments on the Property conveyed.
5.1. Fees and Title Insurance. The Agency shall pay all escrow and recording fees incurred in this
transaction and, if title insurance is desired by the Agency, the premium charged therefor.
5.2 Grantor' Deposit into Escrow. On or before the Close of Escrow Grantors will deliver into Escrow
with the Title Company the following documents:
A. A grant deed, in recordable form and properly executed on behalf of Grantors, in a form
approved by Agency ("Grant Deed") conveying to Agency the Property in fee simple
absolute, subject only to the Approved Exceptions.
B. Copies of any effective leases, rental agreements or any other agreements, if any, which
the Agency has agreed in writing are to remain in effect after Agency takes title.
C. Grantors affidavit of nonforeign status as contemplated by Section 1445 of the Internal
Revenue Code of 1986, as amended [26 USCA §1445] ("FIRPTA Affidavit"); and
D. Grantors affidavit as contemplated by the Revenue and Taxation Code § 18662
("Withholding Affidavit").
5.3. Deposit of Purchase Price into Escrow by.Agencv. Prior to the Close of Escrow, Agency will
deposit the Purchase Price into escrow with the Title Company.
5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the Agency ("Close
of Escrow). On the closing date, the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the Agency care of Cheryl R. Sousa, Real
Property Agent for the Agency(which shall be deemed delivery to the'Agency);
B. Issue the Title Policy, if requested to do so by the Agency;
C. Prorate taxes, assessments, rents and other charges as provided by this Agreement;
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D. Disburse to the Grantors the Purchase Price, less prorated amounts and charges to be
paid by or on behalf of Grantors;
E. Prepare and deliver to the Agency and to the Grantors one signed copy of the Title
Company's closing statement showing all receipts and disbursements:of the Escrow.
If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title
Company shall notify the Grantors and the Agency and retain all funds and documents pending receipt of
further instructions from the Agency.
6. Grantor's Representations and Warranties. Grantors make the following representations and
warranties with the understanding that these representations and warranties are material and are being
relied upon by Agency. Grantors represent and warrant to the Agency that as of the date of this
Agreement and as of the Close of Escrow:
6.1. Marketable Title. Grantors are the owners of the Property and have marketable and insurable fee
simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only
to the Approved Exceptions. No leases, licenses, or other agreements allowing any third party
rights to use the Property are or will be in force unless prior consent has been given by the
Agency in writing. Commencing with the full execution of this Agreement by both parties and until
the Close of Escrow, Grantors shall not permit any liens, encumbrances or easements to be
placed on the property other than the Approved Exceptions, nor shall Grantors enter into any
agreement that would affect the Property that would be binding on the Agency after the Close of
Escrow without the prior written consent of the Agency.
6.2 Condition of Property. Grantors have disclosed to the Agency all information, records and studies
maintained by Grantors in connection with the Property concerning hazardous substances and
that Grantors are not concealing any knowledge of the presence of contamination or hazardous
substances on, from or under the Property. Any information that Grantors have delivered to the
Agency either directly or through Grantors agents is accurate and Grantors have disclosed all
material facts with respect to the Property.
6.3 Other Matters Affecting Property. To the best of Grantors knowledge, there are not presently any
actions, suits, or proceedings pending or, to the best of Grantors knowledge, threatened against
or affecting the Property or the interest of Grantors in the Property or its use that would affect
Grantors ability to consummate the transaction contemplated by this Agreement. Further, there
are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of
the Property. To the best of Grantors knowledge there are not presently any pending or
threatened condemnation, eminent domain or similar proceedings affecting the Property.
Grantors shall promptly notify Agency of any of these matters arising in the future.
6.4 Grantor's Agency. That this Agreement and all other documents delivered prior to or at the Close
of Escrow have been authorized, executed, and delivered by Grantors; are binding obligations of
the Grantors; and are collectively sufficient to transfer all of Grantors rights to the Property.
In addition to any other remedies that may be-available to the Agency as the result of a breach of any of
the foregoing warranties or representations, Grantors agree to defend and hold the Agency harmless and
reimburse the Agency for any and all loss, cost, liability, expense, damage or other injury, including
without limitation, attorneys fees, incurred by reason of, or in any manner resulting from the breach of any
of the warranties and representations contained in this Agreement and all third-party claims arising out of
or related to any facts or circumstances with respect to the period prior to the Close of Escrow.
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7. The undersigned grantor(s) hereby agree(s) and consent(s) to the dismissal of any eminent domain
action in the Superior Court wherein the herein described land is including and also waives(s) any and all
claims to any money that may now be on deposit in said action.
8. Agency's Representations and Warranties. Agency warrants that, upon approval of this Agreement
by the Agency's governing body, this Agreement shall constitute a binding obligation of the Agency.
9. HAZ MAT CLAUSE 1030.f (Not Tested-Unknown Hazardous Material Use. The Grantors hereby
represent and warrant that during the period of Grantors ownership of the property, there have been no
disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or
under the property. Grantors further represent and warrant that Grantors has no knowledge of any
disposal, release, or threatened release of hazardous substance or hazardous waste on, from, or
under the property which may have occurred prior to Grantors taking title to the property.
The acquisition price of the property being acquired in this transaction reflects the fair-market value of
the property without. the presence of contamination. If the property being acquired is found to be
contaminated by the presence of hazardous waste which requires mitigation under Federal or State
law, the Agency may elect to recover its clean-up costs from those who caused or contributed to the
contamination, or are otherwise responsible under State and Federal.Law.
10. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this
Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge
in the deed or other documents following the delivery and recordation of said deed or other documents.
11. Possession of the Property. Possession of the Property shall be delivered to the Agency at the Close
of Escrow.
12. Notices. All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as
follows:
Grantors: Lan Tran
5800 River Road
Santa Rosa, CA 95401
Telephone: 707-542-5888
Agency: Contra Costa County Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Telephone: 925-313-2252
Attn: Cheryl R. Sousa
or to such other addresses as Agency and Grantor may respectively designate by written notice to the
other.
13. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of
this agreement constitutes the entire consideration for said document and shall relieve the Agency of all
further obligation or claims on this account, or on account of the location, grade or construction of the
proposed public improvement. Grantors have no other right or claim to compensation arising out of or
connected with the acquisition of the subject property by the Agency, except as specifically set forth in
this Agreement, including but not limited to all claims for compensation for improvements pertaining to
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realty, all claims for compensation for fixtures, equipment or machinery, attorneys' fees, costs or
damages of every kind and nature by reason of Agency's acquisition of the subject property and agrees
never to assert such a claim.
14. Construction. The section headings and captions of this Agreement are, and the arrangement of this
instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions
and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and
provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties had prepared it. The parties to this Agreement and their counsel
have read and reviewed this Agreement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this
Agreement. The Recitals are and shall be enforceable as a part of this Agreement.
15. Further Assurances. Whenever requested to do so by the other party, each party shall execute,
acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases,
powers of attorney, instruments of further assurance, approvals, consents and all further instruments and
documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers,
sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and
deliver all documents as requested in order to carry out the intent and purpose of this Agreement.
16. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a
waiver of any other covenant or provision in this Agreement and no waiver shall be valid unless in writing
and executed by the waiving party
17. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
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18. Governing Law and Venue. This Agreement shall be governed and construed in accordance with
California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County,
California.
CONTRA COSTA COUNTY
REDEVELOPMENT AGENCY GRANTOR
RECOMMENDED FOR APPROVAL: By
Lan Tran
By Date:
Real Property Agent (Date Signed by Grantor)
By
Principal Real Property Agent
APPROVED:
By
Redevelopment Agency Director
Date
(Date of Board Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
(FORM APPROVED BY COUNTY COUNSEL 6199)
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