HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-564 THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 4, 2001, by the following vote:
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema
NOES: None
ABSENT: None
RESOLUTION NO. 2001/564
(Government Code § 25350)
SUBJECT: ADOPT Resolution No. 2001/564 to consummate purchase and accept Grant Deed from
William & Phyllis Lowe, TRE, for property located at 3811 Bissell Avenue & adjacent
parking lot.
Richmond Area
CDD-CP# 01-34
The Board of Supervisors of Contra Costa County, RESOLVES THAT:
This Board on October 16, 2001, passed Resolution of Intention No. 2001/492 and Notice fixing
December 4, 2001, at 1:00 p.m. in its Chambers, County Administration Building, 651 Pine Street,
Martinez, California, as the time and place where it would meet to consummate the purchase of the real
property described therein from William & Phyllis Lowe, TRE, said property being acquired for Public
Defender's office purposes. Said Resolution was duly published in the Contra Costa Times in compliance
with Govt. Code Section 6063.
The Board hereby consummates said purchase and approves the Purchase and Sale Agreement
dated September 6, 2001, between William& Phyllis Lowe, TRE, and the County for a Public Defender's
office, in Martinez, California, and authorizes the Public Works Director to sign the Purchase and Sale
Agreement on behalf of the County.
The County Auditor-Controller is hereby DIRECTED to issue a check in favor of Placer Title
Company, Escrow No. 615-5536, for $527,500 for said property for payment to Grantors, upon their
conveying to the County a Deed therefor.
Said Deed, dated September 6, 2001, is hereby ACCEPTED and the Real Property Division is
ORDERED to have it recorded, together with a certified copy of this resolution.
I hereby certify that this is a true and correct
CSP:eh copy of an action taken and entered on the
G:\GrpData\RealProp\2001-Files\BOs&RES\BR17-MBissell.com.doc minutes of the Board of Supervisors on the
Orig.Dept. Public Works(R/P) date shown.
Contact: C. Pina-Sandoval(313-2306)
cc: County Administrator ATTESTED: December 04, 2001
Auditor-Controller(via R/P) JOHN SWEETEN, Clerk of the Board of
Public Works Accounting Supervisors and County Administrator
County Recorder(via R/P)
By , Deputy
RESOLUTION NO. 2001/564
Subject: ADOPT Resolution No. 2001/564 to consummate purchase and accept Grant Deed from
William & Phyllis Lowe, TRE
Date: December 4, 2001
Page: 2
This Board hereby FINDS that there is no substantial evidence that the proposed project will have
a significant effect on the environment, and that it has reviewed and considered the Initial Study and
Negative Declaration together with any comments received during the public review process and this
Board approves its adequacy for California Environmental Quality Act purposes. This Board DIRECTS
the Director of Community Development to file a Notice of Determination and a Certificate of Fee
Exemption: De Minimis Impact Finding with the County Clerk, and DIRECTS the Public Works Director to
arrange for payment of the $25.00 handling fee to the County Clerk for filing and a $25.00 fee to
Community Development for processing of the Notice of Determination and the Certificate of Fee
Exemption. The City of Richmond has determined that the project conforms to the City's General Plan.
RESOLUTION NO. 2001/564
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
Assessor's Parcel No. 517-330-011 & 019
Title Co. Order No. 615-5536
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, WILLIAM LOWE and PHYLLIS
LOWE, Trustees Under Trust Agreement Dated September 10, 1982
GRANT to
CONTRA COSTA COUNTY, a political subdivision of the State of California,
The following described real property in the City of Richmond, County of Contra Costa, State of
California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Date GRANTORS
IvI'l�a,q,( L-�
William Lowe
Phy lis Lowe
ATTACH APPROPRIATE ACKNOWLEDGMENT
G\GmDala'.ReaIProp\2001-Files\01-8\DE1MBissell.doc
Order .No. 615-5536
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
CONTRA COSTA, CITY OF RICHMOND, AND IS DESCRIBED AS FOLLOWS:
LOTS 24, 25, 28, 29. 30 AND 31, BLOCK 140, AS SHOWN ON THE MAP OF WALLS
ADDITION TO THE CITY OF RICHMOND, FILED MARCH 22, 1909, IN MAP BOOK 2. PAGE
30, CONTRA COSTA COUNTY RECORDS.
A.P.N. 517-330-011 AND 517-330-019
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
} SS.
COUNTY OF ��X C-- 1�v }
C; — /
On G / before me, the undersigned, a Notary Public in and for
said State personally appeared
Name(s) of Signer(s)
❑ Personally known to me OR ,� 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.
Hess m hand and official seal.
1 4
CE OCH Ii0l3CTiiti I _
t�
C�,MK # 122&615 , �r '
SLi kCTii"Y''t1911".
It W.I" —
cD :0JN'Y ? Signataa of Notary
(Area above for official notarial seal) Name (Typed or Printed)
Capacity Claimed by Signer Description of Attached Document
❑ Individual(s) (Although this information is optional, it could prevent fraudulent
❑ Corporate Officer(s) - Title(s)
attachment of this certificate to another document.)
This certificate is for attachment to the document
described below:
Title or type of document G r n
❑ Partner(s)
❑ Attorney-in-Fact
❑ Trustee(s)
❑ Guardian/Conservator Number of pages
❑ Other: Date of document
Signer(s) other than named above
Signer is Representing: Name of person(s) or
Entity(ies)
SAV-191A (7/98)
Parcel Number: 517-330-011 and 517-330-019 Grantor: William & Phyllis Lowe, TRE
Project Name: Acquisition of 3811 Bissell Avenue and Address: 21 Kerr Avenue
Adjacent Vacant Lot Kensington, CA 94707
Project Number: W.O. 3101 - WLP430
PURCHASE AND SALE AGREEMENT BETWEEN
CONTRA COSTA COUNTY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa County, a political subdivision of the State of
California (hereinafter "County") and William and Phyllis Lowe, Trustees Under Trust Agreement Dated
September 10, 1982 (hereinafter "Grantor").
RECITALS
Grantor is the owner of approximately 15,000 sq. feet of real property located in Contra Costa County, California
commonly known as APN's 517-330-011 and 517-330-019 and described on Exhibit "A" attached hereto and
incorporated herein by reference. The real property, including improvements thereon, are collectively referred to
herein as the "Property".
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Effective Date. It is understood that this Agreement is subject to approval by the County's Governing
Board. This Agreement is effective on the date approved by the County's Governing Board ("Effective
Date"). This Agreement will be submitted to the Grantor first for approval, and thereafter to the County.
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and
County agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be for Five Hundred and Fifteen Thousand
Dollars ($527,500).
3.1. All ad valorem real property taxes and any penalties and costs thereon, and all installments of any
bond or assessment that constitutes a lien on the Property shall be cleared and paid by Grantor
as of the date title shall vest in County by the recordation of the deed herein pursuant to Sections
4986, 5082, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of
the date title vests.
3.2. The Purchase Price shall be paid to William Lowe & Phyllis Lowe, TRE.
4. Conditions to County's Performance. The County's obligation to perform under this Agreement is
subject to the following conditions:
4.1. Grantor's representations and warranties in this Agreement being correct as of the date of this
Agreement and as of the Close of Escrow.
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4.2. Grantor's performance of all obligations under this Agreement.
4.3. The vesting of title to the Property in the County by grant deed in fee simple absolute, free and
clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes
except the following "Approved Exceptions" as outlined in the Preliminary Report dated June 21,
2001, issued by Placer Title Company:
A Covenants, conditions, restrictions and reservations of record, listed as exception 3.
B. Easements or rights of way of record over said property, listed as exception 10.
4.4. Placer Title Company's being prepared to issue a CLTA title insurance policy in the full amount of
the purchase price, subject only to the Approved Exceptions ("Title Policy").
If County determines that any of these conditions have not been met, County shall have the right to
terminate this Agreement by delivering written notice to Grantor and, if applicable, the Escrow agent.
5. Escrow. By this Agreement, County and Grantor establish an escrow ("Escrow") with Placer Title
Company, 1981 N. Broadway, #100, Walnut Creek, California, their Escrow No. is 615-5536. Grantor
hereby authorizes County to prepare and file escrow instructions with said Title Company, on behalf of
Grantor, in accordance with this Agreement. This includes authorization of the Title Company to withhold
pro rata taxes, liens and assessments on the Property conveyed.
5.1. Fees and Title Insurance. The County shall pay all escrow and recording fees incurred in this
transaction and, if title insurance is desired by the County, the premium charged therefor.
5.2 Grantor's Deposit into Escrow. On or before the Close of Escrow Grantor will deliver into Escrow
with the Title Company the following documents:
A. A grant deed, in recordable form and properly executed on behalf of Grantor, in a form
approved by County ("Grant Deed") conveying to County the Property in fee simple
absolute, subject only to the Approved Exceptions.
B. Copies of any effective leases, rental agreements or any other agreements, if any, which
the County has agreed in writing are to remain in effect after County takes title.
C. Grantor's affidavit of nonforeign status as contemplated by Section 1445 of the Internal
Revenue Code of 1986, as amended [26 USCA §1445] ("FIRPTA Affidavit"); and
D. Grantor's affidavit as contemplated by the Revenue and Taxation Code § 18662
("Withholding Affidavit").
5.3. Deposit of Purchase Price Into Escrow by .o mtv. Prior to the Close of Escrow, County will
deposit the Purchase Price into escrow with the Title Company.
5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the County ("Close
of Escrow). On the closing date, the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the County care of Carmen Pina-Sandoval,
Assistant Real Property Agent for the County (which shall be deemed delivered to the
County);
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B. Issue the Title Policy, if requested to do so by the County;
C. Prorate taxes, assessments, rents and other charges as provided by this Agreement;
D. Disburse to the Grantor the Purchase Price, less prorated amounts and charges to be paid
by or on behalf of Grantor;
E. Prepare and deliver to the County and to the Grantor one signed copy of the Title
Company's closing statement showing all receipts and disbursements of the Escrow.
If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title
Company shall notify the Grantor and the County and retain all funds and documents pending receipt of
further instructions from the County.
6. Grantor's Representations and Warranties. Grantor makes the following representations and
warranties with the understanding that these representations and warranties are material and are being
relied upon by County. Grantor represents and warrants to the County that as of the date of this
Agreement and as of the Close of Escrow:
6.1. Marketable Title. Grantor is the owner of the Property and has marketable and insurable fee
simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only
to the Approved Exceptions. No leases, licenses, or other agreements allowing any third party
rights to use the Property are or will be in force unless prior consent has been given by the County
in writing. Commencing with the full execution of this Agreement by both parties and until the
Close of Escrow, Grantor shall not permit any liens, encumbrances or easements to be placed on
the property other than the Approved Exceptions, nor shall Grantor enter into any agreement that
would affect the Property that would be binding on the County after the Close of Escrow without
the prior written consent of the County.
6.2 Condition of Property. Grantor has disclosed to the County all information, records and studies
maintained by Grantor in connection with the Property concerning hazardous substances and that
Grantor is not concealing any knowledge of the presence of contamination or hazardous
substances on, from or under the Property. Any information that Grantor has delivered to the
County either directly or through Grantor's agents is accurate and Grantor has disclosed all
material facts with respect to the Property.
6.3 Other Matters Affecting Proms. To the best of Grantor's knowledge, there are not presently any
actions, suits, or proceedings pending or, to the best of Grantor's knowledge, threatened against
or affecting the Property or the interest of Grantor in the Property or its use that would affect
Grantor's ability to consummate the transaction contemplated by this Agreement. Further, there
are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of
the Property. To the best of Grantor's knowledge there are not presently any pending or
threatened condemnation, eminent domain or similar proceedings affecting the Property. Grantor
shall promptly notify County of any of these matters arising in the future.
6.4 Grantor's Agency. That this Agreement and all other documents delivered prior to or at the Close
of Escrow have been authorized, executed, and delivered by Grantor; are binding obligations of
the Grantor; and are collectively sufficient to transfer all of Grantor's rights to the Property.
3
In addition to any other remedies that may be available to the County as the result of a breach of any of
the foregoing warranties or representations, Grantor agrees to defend and hold the County harmless and
reimburse the County for any and all loss, cost, liability, expense, damage or other injury, including
without limitation, attorneys fees, incurred by reason of, or in any manner resulting from the breach of any
of the warranties and representations contained in this Agreement and all third-party claims arising out of
or related to any facts or circumstances with respect to the period prior to the Close of Escrow.
7. County's Representations and Warranties. County warrants that, upon approval of this Agreement by
the County's governing body, this Agreement shall constitute a binding obligation of the County.
8. Hazardous Materials. The Grantor hereby represents and warrants that during the period of Grantor's
ownership of the property, there have been no disposals, releases or threatened releases of hazardous
substances or hazardous waste on, from, or under the property. Grantor further represents and
warrants that Grantor has no knowledge of any disposal, release, or threatened release of hazardous
substance or hazardous waste on, from, or under the property which may have occurred prior to
Grantor taking title to the property.
The acquisition price of the property being acquired in this transaction reflects the fair-market value of
the property without the presence of contamination. If the property being acquired is found to be
contaminated by the presence of hazardous waste which requires mitigation under Federal or State
law, the County may elect to recover its clean-up costs from those who caused or contributed to the
contamination, or are otherwise responsible under State and Federal Law.
9. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this
Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge
in the deed or other documents following the delivery and recordation of said deed or other documents.
10. Possession of the Property. Possession of the Property shall be delivered to the County at the Close of
Escrow.
11. Assignment and Successors. The County shall have the right to assign all rights and liabilities under
this Agreement to any party. This Agreement shall inure to the benefit of and shall be binding upon the
parties to this Agreement and their respective heirs, successors, and assigns.
12. Notices. All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as
follows:
Grantor: William and Phyllis Lowe, TRE
21 Kerr Avenue
Kensington, CA 94707
Telephone: (510) 524-4849 (Hm)
(510) 524-8253
(510) 234-8355 (Wk)
County: Contra Costa County, Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2306
Attn: Carmen Pina-Sandoval
4
or to such other addresses as County and Grantor may respectively designate by written notice to the
other.
13. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of
this agreement constitutes the entire consideration for said document and shall relieve the County of all
further obligation or claims on this account, or on account of the location, grade or construction of the
proposed public improvement. Grantor has no other right or claim to compensation arising out of or
connected with the acquisition of the subject property by the County, except as specifically set forth in this
Agreement, including but not limited to all claims for compensation for improvements pertaining to realty,
all claims for compensation for fixtures, equipment or machinery, attorneys' fees, costs or damages of
every kind and nature by reason of County's acquisition of the subject property and agrees never to
assert such a claim.
14. Construction. The section headings and captions of this Agreement are, and the arrangement of this
instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions
and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and
provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties had prepared it. The parties to this Agreement and their counsel
have read and reviewed this Agreement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this
Agreement. The Recitals are and shall be 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.
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.
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CONTRA COSTA COUNTY GRANTOR
RECOMMENDED FOR APPROVAL: �6
By
By -
Real Property Agent
By
By—
pal pal Real Property Agent Date
7
(Date Signed by Grantor)
APPROVED:
By
Public Works Director
Date: Date:
(Date of Board Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A - Legal Description
KAL:csp
G:\GrpData\RealProp\2001-Files\01-8\AG12a(County)3811 Bissell.doc
8/9/01
(FORM APPROVED BY COUNTY COUNSEL 6/99)
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Order No. 615-5536
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
CONTRA COSTA, CITY OF RICHMOND, AND IS DESCRIBED AS FOLLOWS:
LOTS 24, 25, 28,29, 30 AND 31, BLOCK 140, AS SHOWN ON THE MAP OF WALLS
ADDITION TO THE CITY OF RICHMOND, FILED MARCH 22, 1909, IN MAP BOOK 2, PAGE
30, CONTRA COSTA COUNTY RECORDS.
A.P.N. 517-330-011 AND 517-330-019