HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-85 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 6, 2001 by the following vote:
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 2001/ 85
SUBJECT: Authorization to Purchase Tax-Defaulted Property
WHEREAS, the Contra Costa County Flood Control and Water Conservation District desires to acquire tax-
defaulted property through a grant for restoration as mitigation for District projects; and
WHEREAS, the properties in question are specifically described as Assessor's Parcel Numbers 159-310-030 and
159-310-031; and
WHEREAS, the subject properties are over five years tax delinquent and subject to acquisition by the County
pursuant to Section 3791.3 of the California Revenue and Taxation Code; and
WHEREAS, the public need and necessity require transfer of both properties, in fee, at the price of$617,000 plus
cost,by the Tax Collector to the Contra Costa County Flood Control and Water Conservation District; and
WHEREAS, it is Districts policy not to buy property until an environmental assessment is completed on
the property verifying the property can be used for its intended purpose; and
WHEREAS, time is of the essence in meeting funding deadlines and therefore the acquisition process
through the Tax Collector's Office must begin now before completion of an environmental assessment
of the property for CEQA compliance; and
WHEREAS, an agreement has been prepared for the purchase of the tax defaulted property that will
allow the acquisition process to begin and will provide for a) the satisfactory completion of the
environmental assessment, b) satisfaction of all CEQA requirements, and c) the deposit of acquisition
funds prior to the agreement becoming effective.
NOW THEREFORE BE IT RESOVLED, by the Contra Costa County Board of Supervisors as the governing
body of the Contra Costa County Flood Control and Water Conservation District, that the agreement to purchase the tax
defaulted property has been CONSIDERED and is hereby APPROVED and the Chair hereby authorizes the Chief
Engineer to EXECUTE said agreement on behalf of the District.
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 on the date shown.
ATTESTED: 1 I .",I , t
JOHN SWEETEN , Clerk of the Board of Supervisors
RMA:mw and County Administrator
G:\GrpData\Admin\M itch\
bo\2001\Tax-Default Property Resolution.doc
By , Deputy
AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
This agreement is made this day of by and between the
Board of Supervisors of Contra Costa County, State of California, and the Contra Costa County
Flood Control and Water Conservation District ("Purchaser"), pursuant to the provisions of
Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code.
The real property situated within said county, hereinafter set forth and described in this
agreement is tax-defaulted and is subject to the power of sale by the tax collector of said county
for the nonpayment of taxes, pursuant to provisions of law.
TERMS AND CONDITIONS
It is mutually agreed as follows:
1. that as provided by Section 3800 of the Revenue and Taxation Code, the cost of
giving notice of this agreement shall be paid by the PURCHASER,
2. that the PURCHASER agrees to pay the sum of$617,000.00 for the real property
described in EXHIBIT "A"within 14 days after the date this agreement becomes
effective. Upon payment of said sum to the tax collector, the tax collector shall
execute and deliver a deed conveying title to said property to PURCHASER, and
3. that this agreement will not become effective until(a) the environmental
assessment of the property is complete and satisfies the requirements of the
Purchaser, (b) the Purchaser has completed its review of this project under the
California Environmental Quality Act and, based on its review, is prepared to
proceed with the purchase contemplated herein, and(c) the Purchaser is ready and
willing to deposit the sum of$617,000.00 with the tax collector's office for the
purchase of the property described above.
If all or any portion of any individual parcel listed in EXHIBIT"A" is redeemed prior to the
effective date of this agreement, this agreement shall be null and void as to the entire property
described in EXHIBIT "A" (including all portions of the property which are not redeemed prior
to the effective date of this agreement). This agreement shall also become null and void and the
right of redemption restored upon the PURCHASER'S failure to comply with the terms and
conditions of this agreement.
The undersigned hereby agrees to the terms and conditions of this agreement and are duly
authorized to sign for said agencies.
ATTEST:
By:
(Purchaser)
(SEAL)
ATTEST:
Phil Batchelor, Clerk of the Board of By: Board of Supervisors
Supervisors and County Administrator of Contra Costa County
By: By.
(Deputy) (Chair)
(SEAL)
This agreement was submitted to me before final execution by the board of supervisors and I
have compared the same with the records of Contra Costa County relating to the real property
described therein.
County Tax Collector
Pursuant to the provisions of Section 3775 of the Revenue and Taxation Code, the Controller
agrees to the selling price hereinbefore set forth and pursuant to provisions of Section 3795
approves the foregoing agreement this . day of
KATHLEEN CONNELL,
CALIFORNIA STATE CONTROLLER
By:
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