HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-566 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Obirs-
Adopted this Resolution December 4, 2001, by at least a four-fifths vote as follows:
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001% 5"
(Gov. Code § 25365)
SUBJECT: ADOPT Resolution No. 2001/ 566 to exchange County interest in real
property with Pleasant Hill Lodging Partners, L.P.for the enhancement of the
Soldier's Monument site, and to adopt the previously certified City of
Pleasant Hill Negative Declaration for the Project.
Project No.4405-4197
Pleasant Hill Area, District IV
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board on November 6, 2001, passed Resolution No. 2001/548 approving
Notice fixing December 4, 2001 at 1:00 p. m., in its Chambers, County Administration
Building, Martinez, California, as the time and place when it would meet to consummate
the exchange of property interest in the real property described in Exhibits "A-1"and "A-2";
said Notice was duly published in the Contra Costa Times.
This Board, by the aforesaid Resolution, found that said property interest is no
longer required for present or future County use and the exchange is for an interest in
property of equal value.
This Board hereby APPROVES the exchange of property interest between Contra
Costa County and Pleasant Hill Lodging Partners, L.P. in accordance with the terms and
conditions of the Easment Agreement. The Board Chair is hereby AUTHORIZED to
execute an Easement Agreement to the Pleasant Hill Lodging Partners, L. P. on behalf of
the County, and DIRECTS the Real Property Division to cause its delivery to the grantee
for acceptance and recording. The Grant of Event Easement from Pleasant Hill Lodging
Partners, L. P. to Contra Costa County is hereby ACCEPTED and the County Real
Property Division is DIRECTED to have said easement recorded in the Office of the County
Recorder.
eh I hereby certify that this is a true and correct
G:\Grp:\GrpDatalRealProp\2001-Files\01-11\BR10A PH Lodging Partners copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Orig. Dept.: Public Works (RP) date shown.
Contact: Ron Babst(313-2226)
cc: County Assessor ATTESTED:_ December 04, 2001
County Auditor-Controller JOHN SWEETEN,Clerk of the Board of
County Recorder(via R/P) Supervisors and County Administrator
Public Works Accounting
Grantee (via R/P) By— Deputy
RESOLUTION 2001/ 566
December 4, 2001
Page 2
ADOPT the previously certified City of Pleasant Hill Negative Declaration for the
Pleasant Hill Lodging Partners, L.P. Woodfin Suite Hotel Project for the purpose of
completing real property transactions in compliance with the California Environmental
Quality Act, and
DIRECT the Director of Community Development to file a Notice of Determination,
and
AUTHORIZE the Public Works Director to arrange for payment of a $25.00 fee to
Community Development for processing, and a $25.00 fee to the County Clerk for filing the
Notice of Determination.
RESOLUTION 2001/ 566
EXHIBIT "A --- 2t,
ALL THAT CERTAIN PROPERTY SITUATED IN THE CITY OF PLEASANT HILL,CONTRA COSTA
COUNTY,CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL DESCRIBED AND
SHOWN IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT
RECORDED ON SEPTEMBER 12,2000 AS SERIES NUMBER 2000-197402,OFFICIAL CONTRA
COSTA COUNTY RECORDS. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERN TERMINUS OF THAT CERTAIN LINE ANNOTATED"NORTH
89000'52" WEST 44.95—(SN 2000-197402); THENCE ALONG THE BOUNDARY OF SAID PARCEL
(SN 2000-197402)THE FOLLOWING TWO COURSES:
NORTH 08052'13" WEST 143.81 FEET TO A POINT ON A TANGENT CURVE,CONCAVE TO THE
EAST,AND HAVING A RADIUS OF 120-00 FEET;THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE AN ARC DISTANCE OF 19.06 FEET,THROUGH A CENTRAL ANGLE OF
09005'56"TO THE POINT OF BEGINNING;
THENCE LEAVING SAID BOUNDARY,RADIAL TO THE LAST DESCRIBED CURVE,NORTH
89046'17"WEST 5.08 FEET,THENCE SOUTH 08°52'13"EAST 50.86 FEET;THENCE SOUTH
81°07'47 WEST 26.00 FEET;THENCE NORTH 08°52'13"WEST 39.46 FEET TO A POINT ON A
TANGENT CURVE,CONCAVE TO THE SOUTHWEST,AND HAVING A RADIUS OF 19.50 FEET;
THENCE NORTHERLY,NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE
AN ARC DISTANCE OF 27.28 FEET,THROUGH A CENTRAL ANGLE OF 80'09'23";THENCE
TANGENT TO THE LAST COURSE NORTH 89001'41— WEST 18.70 FEET;THENCE NORTH
0058'19" EAST 42.00 FEET;THENCE SOUTH 8901'41"EAST 59.50 FEET;THENCE SOUTH
00058119" WEST 30.03 FEET;THENCE SOUTH 84'09'26"EAST 7.61 FEET TO A POINT ON SAID
BOUNDARY(SN 2000-197402),SAID POINT BEING ON A CURVE,CONCAVE TO THE EAST,
HAVING A RADIUS OF 120.00 FEET,AND WHOSE CENTER BEARS SOUTH 34009'26"EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE,ALONG SAID BOUNDARY,AN ARC
DISTANCE OF 11.76 FEET,THROUGH A CENTRAL ANGLE OF 05'36'52"TO THE POINT OF
BEG INNING.
CONTAINING 4034 SQUARE FEET,MORE OR LESS.
U:',,Document Files\99000.0\99049.2\DescriptionsNEasement—Observe.doc
6112/01
CALIFORNIA ENVIRONMENTAL QUALITY ACT
NOTICE OF DETERMINATION
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095
Telephone: (925)313-2296 Contact Person: Cece Sellgren, Environmental Planner
Project Description, Common Name (if any) and Location: Contra Costa County Real Property Transactions
associated with City of Pleasant Hill Negative Declaration for the Woodfin Suite Hotel. In January of 2000,
the City of Pleasant Hill published the Woodfin Suite Negative Declaration. The Pleasant Hill City Council adopted
the Negative Declaration on January 24,2000. The Contra Costa County Board of Supervisors is adopting the City
of Pleasant Hill's Negative Declaration to address the real property transactions associated with the project.
Contra Costa County wishes to exchange easements on two properties with the developer of a proposed hotel
complex in downtown Pleasant Hill (Figures 1 & 2). The County owns a veterans monument at the corner of the
Contra Costa Boulevard and Boyd Road. This monument is one of the few public monuments in the downtown
Pleasant Hill area. The developer, Pleasant Hill Lodging Partners, L.P., is required to make a number of
improvements to the monument as a mitigation measure outlined in the Negative Declaration for the project. To
facilitate these improvements the County and the developer are proposing to exchange easements on two adjacent
properties. The County will grant the developer an easement on the veterans monument(approximately 0.28 acres
in size) to make and maintain the improvements, while the developer will grant the County an easement on an
adjacent parking lot(approximately 0.09 acres in size)to allow for parking on days when ceremonies are scheduled
at the monument(Figure 3). Project Location: The proposed project is located near the intersection of Contra
Costa Boulevard and Boyd Road in the Pleasant Hill Area of Central County.
Pursuant to the provisions of the California Environmental Quality Act:
( ) An Environmental Impact Report was prepared and certified (SCH# )
( ) The Project was encompassed by an Environmental Impact Report previously prepared
for (SCH# ).
( X ) A Negative Declaration was prepared following identification of a potentially significant impact. The Neg Dec
(certified by the City of Pleasant Hill) is being adopted by the Board of Supervisors
Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the
Contra Costa County Community Development Department.
( X ) The City of Pleasant Hill determined the project will not have a significant environmental effect. The Board of
Supervisors is adopting the certified Neg Dec.
( ) The Project will have a significant environmental effect.
( ) Mitigation measures were made a condition of approval of the project.
( ) A statement of overriding considerations was adopted.
( ) Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by
California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing
date.
Signature Title
Applicant: Department of Fish and Game Fees Due
Contra Costa County Public Works Dept. EIR- $850 Total Due: $
255 Glacier Drive Neg. Dec. - $1,250 Total Paid $
Martinez, CA 94553 DeMinimis Findings-$0
Attn: Trina Torres X County Clerk-$50 Receipt#:
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PLEASANT HILL REDEVELOPMENT AGENCY
DOC. NO. 2000-197442 ��v LAND
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40 20 0 40 80 120 No. 4210
EXP. 6-30-44
SCALE IN FEET 'lF OF CNS-1�4�
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CIVIL ENGINEERS SUITE WALNUTiJob Na. 99049.2
CRF3. CA.. 94595
A — n—' SURVEYORS (925) 476-2300 BY PE Dote 8-24-01 Chkd.�
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Recorded at the request of:
Pleasant Hill Lodging Partners, L. P.
Return to:
Pleasant Hill Lodging Partners, L. P.
8100 East 22nd Street
North Building 500
Wichita, Kansas 67226
Assessor's Parcel No. 149-110-056
EASEMENT AGREEMENT
This agreement("Agreement") is entered into as of December 04 , 2001, by and between
CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called the
GRANTOR, and the PLEASANT HILL LODGING PARTNERS, L. P., a Kansas limited partnership,
hereinafter called the GRANTEE,
RECITALS
WHEREAS, the Grantor is the owner of certain real property and improvements in Pleasant Hill,
California, commonly known as the Veterans Monument(hereinafter called "the Veterans Monument"or
"the Property") as described in Exhibit "A-1" and shown on Exhibit "B-1" attached hereto,
WHEREAS, the Grantee is the owner of certain real property and improvements adjacent to the Property
(hereinafter called "the Hotel Property")as described in Exhibit"A-2"and shown in Exhibit"B-2"attached
hereto and requires an easement over the Property for the benefit of a developer's hotel (hereinafter
called "the Hotel") to be constructed adjacent to the Property, and
WHEREAS, Grantor requires an event easement over a portion of the Hotel Property.
AGREEMENT
Grantor and Grantee hereby mutually agree and promise as follows:
1. Hotel Easement. Grantor hereby grants and conveys to Grantee an easement over the Property to
provide ingress and egress and for the construction and maintenance of a private roadway,
landscaping, storm drain, and other improvements. Grantee shall maintain the private roadway,
landscaping, storm drain, and other improvements in first class condition. Grantee understands and
agrees that public assembly and memorial services not to exceed 4 hours in connection with
ceremonies at the Veterans Monument shall be held on the Hotel Easement on Memorial Day,
Independence Day,Veterans Day, Flag Day, and any officially designated national day of mourning.
This Agreement shall terminate if this Hotel Easement has not been recorded in the Official Records
of Contra Costa County on or before December 31, 2001.
2. Event Easement. Grantee shall grant an easement over a portion of the Hotel Property, to be
recorded in a separate document, to the Grantor for the purpose of utilizing a portion of the Grantee's
land for public assembly and memorial services not to exceed 4 hours in connection with ceremonies
1
at the Veterans Monument on Memorial Day, Independence Day, Veterans Day, Flag Day, and any
officially designated national day of mourning.
3. Landscaping. On or before the date of the certificate of occupancy for the Hotel, Grantee shall
landscape the Property in accordance with the landscape plan attached hereto and incorporated
herein as Exhibit"C"and, to the satisfaction of the Grantor, shall thereafter maintain the landscaping
in a clean, neat, orderly, and, as applicable, living condition.
4. Improvements. On or before the date of the certificate of occupancy for the Hotel, Grantee shall, to
the satisfaction of the Grantor, complete the improvements to the Property listed on Exhibit"D,"which
is attached hereto and incorporated herein. All plans for the improvements shall be approved by the
Grantor before any construction begins on the improvements which consent shall not be
unreasonably withheld, conditioned, or delayed.
5. Utility Costs. Grantee shall pay all utility costs, including, but not limited to,water and electrical power
incurred by the Veterans Monument and the landscaping.
6. No Third- Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer on
any person, other than both parties to this Agreement and their respective successors-in-interest, any
rights or remedies under or by reason of this Agreement.
7. Successors-in-Interest. This Agreement shall be binding on any heirs, successors, and assigns of
either of the parties.
8. Mutual Indemnification. Grantor and Grantee shall indemnify, protect, defend, and hold the other
harmless from and against all claims, actions, liabilities, damages, costs, or expenses, including
reasonable attorneys'fees and costs incurred in defending against the same("claims")arising directly
or indirectly from the use by the party or its representatives of the easements granted herein or the
acts or omissions of the party or its representatives in or about the property of the other, excepting
only claims to the extent they are caused by the negligence or willful misconduct of the other party.
For purposes of this section 8,the term "representatives"shall mean Grantee's and Grantor's agents,
employees, contractors, guests, customers, invitees, or visitors.
9. Notices. All notices necessary under this Agreement shall be in writing and shall be delivered by
deposit in the United States mail,first class postage prepaid. The effective date of notice shall be the
date of deposit in the mail. Notice to Grantee shall be addressed to Pleasant Hill Lodging Partners,
L.P., 8100 East 22nd Street, North Building 500, Wichita, Kansas 67226. Notice to Grantor shall be
addressed to Director of the General Services Department, County of Contra Costa, 1220 Morello
Avenue, Suite 200, Martinez, California 94553.
10.Choice of Law. This Agreement shall be interpreted and enforced under the law of the State of
California. Venue for any litigation regarding this Agreement shall be the Superior Court of Contra
Costa County, California.
11.Termination This Agreement shall terminate if, within 4 years following the date this Agreement is
recorded in the Official Records of Contra Costa County, the Hotel has not been certified for
occupancy.
2
COUNTY OF CONTRA COSTA PLEASANT HILL LODGING PARTNERS, L.P.
/� Ga y
By. perv" or
5u 1 B. Uilkema
Y
Chair, Board of Supervisors �• ��`t't`ony S,Sa.�.c_.
Pre S r.A,',&t
STATE OF CALIFORNIA) Dated: (QC�"EJber
COUNTY OF CONTRA COSTA)
On December 04 , 2001 before me,
John Sweeten, Clerk of the Board of Supervisors and County
Administrator Contra Costa County, personally appeared gyp.
Gayle B. [�ilkema ,who is 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 signatures(s)on the instrument the person(s),or the
entity upon behalf of which the person(s) acted, executed the
instrument.
By:
Deputy Clerk
RDB:eh
G:\GrpData\RealProp\2001-Files\01-8\Easement agr Pleasant Hill
Lodging.doc
8/29/01
3
STATE OF KANSAS )
) SS
COUNTY OF SEDGWICK )
On October 8, 2001 before me, Laurie A. Brower,Notary Public, State of Kansas, personally
appeared B. Anthony Isaac, who is personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
By: (i(
Notdry Public
LAURIE A. BROWER
NOTARY PUBLIC
STATE OF KAN_ $AS/
'MY APPS Exp. /obi e��►
EXHIBIT "A — V
CONTRA COSTA COUNTY PARCEL
ALL THAT CERTAIN PROPERTY SITUATED IN THE CITY OF PLEASANT HILL,CONTRA COSTA
COUNTY, CALIFORNIA, BEING ALL OF THAT CERTAIN PARCEL DESCRIBED IN THAT
CERTAIN GRANT DEED FROM THE STATE OF CALIFORNIA TO THE COUNTY OF CONTRA
COSTA RECORDED ON JUNE 23, 1954 IN BOOK 2336 AT PAGE 545,OFFICIAL CONTRA COSTA
COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERN CORNER OF SAID PARCEL(2336 OR 545)THENCE
ALONG THE BOUNDARY OF SAID PARCEL THE FOLLOWING FIVE COURSES:
1) NORTH 89-00'25" WEST(NORTH 89-02'00" WEST PER 2336 OR 545)35.34 FEET;
2)NORTH 08-52'13" WEST(NORTH 08°53'21" WEST PER 2336 OR 545) 143,81 FEET TO A POINT
ON A TANGENT CURVE,CONCAVE TO THE EAST, AND HAVING A RADIUS OF 120.00
FEET;
3)NORTHER-LY ALONG THE ARC OF SAID CURVE,AN ARC DISTANCE OF 48.71 FEET,THROUGH
A CENTRAL ANGLE OF 23015'22'*TO A POINT ON A TANGENT COMPOUND CURVE, CONCAVE
TO THE SOUTH,AND HAVING A RADIUS OF 40,00 FEET;
4)NORTHER-LY,NORTHEASTERLY, EASTER-LY AND SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE AN ARC DISTANCE OF 83.45 FEET,THROUGH A CENTRAL ANGLE OF 119032'10"TO A
POINT FROM WHICH THE CENTER BEARS SOUTH 43055'19" WEST, SAID POINT BEING ON A
NON-TANGENT LINE;
5) ALONG SAID NON-TANGENT LINE SOUTH 03-05'08" WEST(SOUTH 03-04'00-' WEST PER 2336 OR
545)210.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 11,982 SQUARE FEET, MORE OR LESS.
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7.24/01
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EXHIBIT "A 9,,
EVENT EASEMENT
ALL THAT CERTAIN PROPERTY SITUATED IN THE CITY OF PLEASANT HILL,CONTRA COSTA
COUNTY,CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL DESCRIBED AND
SHOWN IN THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT
RECORDED ON SEPTEMBER 12,2000 AS SERIES NUMBER 2000-197402, OFFICIAL CONTRA
COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERN TERMINUS OF THAT CERTAIN LINE ANNOTATED"NORTH
89000'52"WEST 44.95"'(SN 2000-197402); THENCE ALONG THE BOUNDARY OF SAID PARCEL
(SN 2000-197402)THE FOLLOWING TWO COURSES:
NORTH 08052'13"WEST 143.81 FEET TO A POINT ON A TANGENT CURVE,CONCAVE TO THE
EAST, AND HAVING A RADIUS OF 120.00 FEET;THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE AN ARC DISTANCE OF 19.06 FEET,THROUGH A CENTRAL ANGLE OF
09005'56"TO THE POINT OF BEGINNING;
THENCE LEAVING SAID BOUNDARY, RADIAL TO THE LAST DESCRIBED CURVE,NORTH
89046'17"WEST 5.08 FEET;THENCE SOUTH 08052'13"EAST 50.86 FEET;THENCE SOUTH
81007'47 WEST 26.00 FEET;THENCE NORTH 08°52'13"WEST 39.46 FEET TO A POINT ON A
TANGENT CURVE,CONCAVE TO THE SOUTHWEST,AND HAVING A RADIUS OF 19.50 FEET;
THENCE NORTHERLY,NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE
AN ARC DISTANCE OF 27.28 FEET,THROUGH A CENTRAL ANGLE OF 80°09'28";THENCE
TANGENT TO THE LAST COURSE NORTH 89°01'41" WEST 18.70 FEET;THENCE NORTH
00058'19" EAST 42.00 FEET;THENCE SOUTH 89°01'41"EAST 59.50 FEET;THENCE SOUTH
00058'19" WEST 30.03 FEET;THENCE SOUTH 84009'26"EAST 7.61 FEET TO A POINT ON SAID
BOUNDARY(SN 2000-197402), SAID POINT BEING ON A CURVE,CONCAVE TO THE EAST,
HAVING A RADIUS OF 120.00 FEET,AND WHOSE CENTER BEARS SOUTH 84009'26"EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE,ALONG SAID BOUNDARY,AN ARC
DISTANCE OF 11.76 FEET,THROUGH A CENTRAL ANGLE OF 05'36'52"TO THE POINT OF
BEGINNING.
CONTAINING 4034 SQUARE FEET, MORE OR LESS.
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EXHIBIT D
IMPROVEMENTS
1. Provide electrical power to the interior of the Monument by the best possible means, including the
installation of appropriate lighting fixtures.
2. Install a drain system to assure complete drainage from the parapet section to the exterior of the
Monument at the ground level.
3. Grade the floor on the interior of the Monument toward the main entrance, including curbing and
preserving access to the basement entrance to the Monument, providing positive drainage to the
exterior of the Monument.
4. Prepare and paint the interior of the Monument in a color acceptable to Grantor.
5. Prepare and paint the exterior of the Monument in a color acceptable to Grantor and have the right
but not the obligation to repaint the exterior of the Monument as necessary.
6. Repair and/or replace interior fasteners for the relief sculptures on the exterior sides of the
Monument, including the replacement of wooden spacers as needed.
7. Repair the main entrance door to the Monument, including providing a secure door locking system
keyed to the Grantor's system.
8. Replace ground level sidewalks around the perimeter of the Monument.
9. Install an ADA compliant ramp acceptable to the Grantor to the base of the Monument,with a 1-inch
in 12—inch rise, 48-inch wide minimum, and handrails on both sides.
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