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RESOLUTIONS - 01012002 - 2002-747
THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 10, 2002, by the following vote: AYES: SUPERVISORS UILREMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE RESOLUTION NO. 2002/ 747 (Gov'. Code § 25526.5) SUBJECT: ADOPT Resolution No. 2002/ 747 approving the Conveyance of Surplus Real Property located adjacent to Medburn Street to Janin Associates. County File #SD018531 Project No. 0651-61-0072 Clyde Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain interest in real property by map on April 22, 1919 in the Clyde area, described.in Exhibit"A" attached hereto, for park purposes. Said property is DETERMINED to be surplus and no longer necessary for County or other public purposes and its estimated value does not exceed $10,000.00. This Board hereby APPROVES and AUTHORIZES the conveyance of said property to Janin Associates, pursuant to Government Code Section 25526.5 and the Board Chair is hereby AUTHORIZED to execute a quitclaim deed on behalf of the County in consideration for the terms and conditions of the Real Property Exchange Agreement,copy attached hereto as Exhibit "B". The Public Works Director is hereby AUTHORIZED to sign the Real Property Sales Agreement on behalf of the County. The Real Property Division is DIRECTED to cause said quitclaim deed to be delivered to the grantee. RDB:eh GAGrpData\ReaiProp12802-Filest80s&RES\BR26 Janin Associates.doc Contact: Ronald -2226)Dept.: Public (3/3) I hereby certify that this Is a true and correct CPublic Works Accounting copy of an action taken and entered on the Public Works Records minutes of the Board of Supervisors on the Grantee(via R/P) date shown. Recorder(via Rte) ATTESTED: DECEMBER 17, 2002 Community Development Dept Board Orders Senior Clerk,Adm. JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By ,Deputy RESOLUTION NO. 2002/ 747 Quit claim of park parcel in block 19 map of Clyde EXHIBIT "A" A portion of the "Map of Clyde" filed April 22, 1919 in Book 17 of Maps at page 358 Contra Costa County California described as follows: Being all of the parcel designated "Park" as shown and delineated in block 19 of said map. This real property description has been prepared by me or under my direction, in conformance with the Professional rveyors Act. Signature: -- fps S�j `' Licensed Land Surveyor Contra Costa County Public Works * Exp. 12-31-04 No.5999 Un Date: (>6 9 �' RZ:mp G:1GrpData\Clerical\XHIBITS12002tyutt claim of park parcel in block 19 map of Clyde.doc EXHIBIT "B" Parcel Number: 140-321-034 Project Name: Maybeck Park Project Number: 0651-61-0072 REAL PROPERTY EXCHANGE AGREEMENT THIS AGREEMENT is made and entered into this day of ,by and between Contra Costa County, a political subdivision of the State of California, hereinafter called"Grantor"and Janin Associates, a California General Partnership, hereinafter called "Grantee." In consideration of the covenants and conditions hereinafter contained, it is mutually agreed as follows: 1. Grantor hereby agrees to convey that certain real property described in Exhibit "A", attached hereto and made a part hereof, to the Grantee in exchange for an offer of dedication of real property for the relocation of the Maybeck Park. Fulfillment of the terms of the offer of dedication and development of Maybeck Park as set forth in Tentative Map No. 8531 shall fully satisfy Grantee's obligation for the park's relocation.The dedication will occur at the time the map is recorded,which shall be within one year of the recordation of the Maybeck Park conveyance; otherwise, this agreement shall terminate and a quitclaim deed back to the County will be recorded. 2. The right, title and interest in the property to be conveyed shall not exceed that vested in the Grantor, and said property is conveyed subject to all existing easements,covenants, conditions, restrictions, reservations,and all other encumbrances, whether the same be recorded or unrecorded. 3. Grantee shall pay all costs of escrow, title insurance, and recording fees, if applicable. 4. Grantor shall retain possession of the property up to the date of recording the deed. 5. The Grantee understands that this conveyance is subject to approval by the County Board of Supervisors, and the Grantor reserves the right to cancel the conveyance at anytime prior to the recording of the deed. 6. Upon approval of the conveyance by the County Board of Supervisors, Grantor will cause to be delivered to Grantee a quitclaim deed to the property properly executed by the Grantor. 7. The property described herein is being conveyed on an "as is" basis and Grantor makes no warranty, claim or guaranty, or any kind, as to the condition and/or possible uses of the land or any improvements thereon. 7. The property described herein is being conveyed on an "as is" basis and Grantor makes no warranty, claim or guaranty, or any kind, as to the condition and/or possible uses of the land or any improvements thereon. The parties herein have set forth the whole of their agreement and the performance of this agreement shall relieve the grantor of all further obligations or claims on this account. GRANTOR GRANTEE CONTRA COSTA COUNTY JANIN ASSOCIATES,a California RECOMMENDED TO THE BOARD OF General Partnership SUPERVISORS FOR APPROVAL By Real Properly Agent 4n:Orew Morse General Partner By ✓`- Principal Real Property Agent APPROVED By Maurice M. Shiu Public Works Director Date: (Date of Board Approval) RDB:eh G;\GrpData\RealPmp\2002-Fles\02-11\AG.06 Janin Assodates.doe 11/15/02 Recorded at the request of. Janin Associates After recording return to: Janin Associates 957 Stow Lane Lafayatte, CA 94549 Assessor's Parcel No. 100-321-034 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to JANIN ASSOCIATES, a California General Partnership,the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A DART HEREOF. CONTRA COSTA COUNTY Dated DECEMBER 17, 2002 By C i , Marof Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) on December 17, 2002 before me,John Sweeten, Clerk of the Board of Supervisors and Co n Administrator, Contra Costa County,personally appeared Q who Is personally known to me(or proved to me on the basis of sans- factory evidence) to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacfty(ies),and that by his/her/their signature(s)on the Instru- ment the person(s), or the entity upon behalf of which the per- son(s)acted,executed the instrument. By: &41� eputy lark RDB:eh G:\GrpData\ReaiPjrop\2002-Files\02-11\DE.04 Janin Assoc..doc 11/19/02 Quit claim of park parcel in block 19 map of Clyde EXHIBIT "A" A portion of the "Map of Clyde" filed April 22, 1919 in Book 17 of Maps at page 358 Contra Costa County California described as follows: Being all of the parcel designated "Park" as shown and delineated in block 19 of said map. This real property description has been prepared by me or under my direction, in conformance with the Professional rveyors Act. Signature:.- c ,a © Licensed Land Surveyor r' Contra Costa County Public Works . ' Exp. 12-31-04 No.5999 Date: /— C F A RZ:mp G:\GrpData\ClericaNEXHISITS\2002\quit Balm of park parcel in block 19 map of Clyde.doc