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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-383 CONTRA COSTA COUNTY BOARD OF SUPERVISORS Adopted this Resolution on June 10, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO,2003/ 383 DIS'T'RICT III SEAT VACANT (Gov. Code § 25826.5) SUBJECT: ADOPT Resolution No. 20031 383approving the Quitclaim Deed of County interest of the Right of First Refusal for APN 088-161-031 to Uecker & Associates, Inc. in connection with the purchase of the parcel for relocation of Fire Station # 85. Project No. 7038-6X5196 Pittsburg Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain property rights by Memorandum of Lease, Right of First Refusal on August 11, 1998, Document Number 98-01899739 in the Pittsburg area,described in Exhibit"A"attached hereto. Said interest in APN 088-161-031 is DETERMINED to be no longer necessary for County or other public purposes. This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to Uecker & Associates Inc. as disbursing agent for the reorganized Los Medanos Community Hospital District, pursuant to Government Code Section 25526.5, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute a Quitclaim Deed on behalf of the County in accordance with the terms and conditions of the Memorandum of Lease, First Right of Refusal between Los Medanos Community Hospital District and Contra Costa County. The Real Property Division is DIRECTED to cause said Quitclaim Deed to be delivered to Placer Title Company, 1981 N. Broadway, #100 Walnut Creek, California, their Escrow No. 615-6625 for acceptance by grantee and recording. CP:eh t hereby certify that this is a true and correct G.NGrpDatatRea#Propt2003-Fires%BOs&RES\BR.26 Uecker QD.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the Orig.Dept.: Public Works(RtP) date shown. Contact: Carla Pecclantl(313-22221 Grantee(via R/P) i f�SD: � , Lease Management,Carol Chan 2003 Board Orders Senior Clerk,Adm. JOHN SWEETEN,Clerk of the Board of ervisors and Count Adm, strator 4 . BDeputy RESOLUTION NO. 2003/383 Subject: Consummate purchase and accept Grant geed. Date: June 10, 2003 Page: 2 The Board hereby consummates said purchase and approves the Purchase Agreement dated May 13, 2003, between Uecker & Associates, Inc. and the District for a fire station site on Loveridge Road, Pittsburg, California, and AUTHORIZES the Public Works Director, or designee, to sign the Purchase Agreement on behalf of the District. The County Auditor-Controller is hereby DIRECTED to issue a check in favor of Placer Title Company, Escrow No. 015-0025,for$835,000.00 for said property for payment to Grantors, upon their conveying to the District a Deed therefor. Said Deed, is hereby ACCEPTED and the Real Property Division is ORDERED to have it recorded, together with a certified copy of this resolution. RESOLUTION NO. 2003/ 383 Redo`rded at the request of: Contra Costa County After recording return to; Susan L. Uecker Uecker&Associates, Inc. One Front Street, Suite 1550 San Francisco, CA 94111 Assessor's Parcel No. 088-161-031 Title Co. Order No.515-6625 QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Dees hereby remise,release and forever quitclaim to UECKER&ASSOCIATES, INC., AS DISBURSING AGENT FOR THE REORGANIZED LOS MEDANOS COMMUNITY HOSPITAL DISTRICT PURSUANT TO THAT CERTAIN JOINT PLAN FOR THE ADJUSTMENT OF DEBT (AUGUST 18,1998) OF LOS MEDANDOS HEALTH CARE CORPORATION,A CALIFORNIOA NONPROFIT PUBLIC BENEFIT CORPORATION,AND, LOS MEDANDOS COMMUNITY HOSPITAL DISTRICT,A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA (CASE NOS. 94-4-2864-J ANS} 96-1356-j (JOINTLY ADMINISTERED)the FIRST RIGHT OF REFUSAL for Assessor Parcel Number 088-161- 031 as described in the MEMORANDUM OF LEASE attached hereto and made a part, hereof as Exhibit "A" for the following real property described in Exhibit °B" in the City of Pittsburg, State of California. CONTRA COSTA COUNTY Gate: JUNE 10, 2003 By / Chair, Board of Supervisors STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA } OnJLM 14) 2nbefore me, DMUiU KM Deputy Clerk of the Board of rvl �th County,personally appeared , 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(les), and that by histher/their signature(s)on the instrument the persons), or the entity upon behalf of which the person(s) acted executed the instrument. By. eputy Jerk G:\GrpData\RealProp\2003-FilesNO3-5\DE.04 Uecker&Associates.doc 5113103 JUN.11.2W3 11:16AM CCC PUBLIC WORKS P.W. CONSENT ITEM Agenda Date: Junelo, 2003 Subject category: (circle one) 1. ROAD&TRANS 0RTATIt3N ITEMS 2. ENGINEERING ERVICES ITEM^ 3. SP9CIAL DISTR CT OR AIRPORT ITEMS ADUPT esoWon No,20 3/*** and-audwrWng ft Chair of SupgOsom to ex ute the QW tdaim Deed of Camityii itm=t ofthe I&ofFust Reiizsat forAM 088-161-031 uaxtt to Go # Code Serrtiou 25526.5 in co g2G on with the urchase of the 1 for re portion offiim Stodon 8S a=zLNqAmdi4&invoIv4 District Project N .'7038 W196. Approved by; Div. Heed: Submitted by: Supervisor: Attachments: Boa Order(s) _Resolution Deed(Easement)copy(s)for Board Cleric Ft/W Contracts(No.--J for Public Works Director's signature Documents to follow: • This form plug Ordedkesoiutiun and all the ittachmgnts are due to the Meal Property Secretary on Monday. not tater than 5:00 p.m., two weeks prior to the Bo rd of Supervisors meeting. t3.1t rP attAvs1F M0F0RMS*.1(0r.V").dao 1/4104 i Sr TI tI� l 11LL??Si�1 19 RECORDING REQUESTED BY AND CONm cosTA Co Recorder's Office 'WTIEN RECORDED RETURN TO: STMW L. WEIR, County Recorder County of Contra Costa Doc _ 9S-03-S9739-00 00 General Services Department Acct 2-chicago title Lease Management Division Tuesday, AUG 11, 1998 08:00:00 FRS $0.0011 1220 Morello Avenue,Suite 100 Ttl Pd $0.00 Nbr-0000220898 MO b`455�347h1 bit/R2/1-7 Attention:Lease Managgr MEMORANDUM OF LEASE RIGHT OF FIRST REFUSAL This Memorandum of Lease and Right of First Refusal("Memorandum')is dated as of AUO I , 1998 and is entered into between the LOS MEDANOS COMMUNITY HOSPITAL DISTRICT,{"DISTRICT"},and COUNTY OF CONTRA COSTA,a political subdivision of the State of California("COUNTY"), Recitals A. On or about AUG 1 1998 DISTRICT and COUNTY entered into a Lease ("Lease),pursuant to which DISTRICT leased to COUNTY and COUNTY leased from DISTRICT"real property,more particularly described in Exhibit A attached hereto and incorporated herein by reference("Premises"),consisting of the former Lays Medanos Community Hospital facility,comprising approximately 130,900 square feet of building and the land on which the building is placed and associated grounds containing parking,landscaping and other related amenities. B. As more particularly set forth in the Lease,DISTRICT granted to COUNTY a Right of First Refusal to lease or purchase the premises and adjacent land owned by the DISTRICT as described on attached Exhibit B. C. DISTRICT"and COUNTY desire to execute this Memorandum to provide constructive notice of COUNTY'S rights under the Lease and the COUNTY`s Right of First Refusal to lease or purchase the property(as defined hereinbelow)to all third parties. Icor good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the parties agree as follows: 1. Conveyance and Term By this Memorandum and that certain long form Lease between the DISTRICT and the COUNTY of even date herewith(the"Lease)DISTRICT leases the Premises described on Exhibit A to COUNTY for a term of twenty years,commencing on August 1,1998,and ending on July 31,2018. The tern is subject to two five year extensions respectively commencing on August 1,2018 and ending July 31,2023,and commencing on August 1,2023 and ending on July 31,2028. In addition,-,the DISTRICT grants to COUNTY a right of first refusal("Right of First Refusal")to lease or purchase all or any portion of the real property more particularly described in Exhibit B,attached hereto and incorporated herein by reference,together with all rights of Grantor to adjoining streets,rights of way,easements,all other appurtenant rights,and all personal property on the Real Property belonging to DISTRICT(collectively"Property'), The Right of First Refusal is more particularly described in the Lease. The term of the Right of First Refusal has the same term as the Lease,including all extensions. f. I 2. Terms 14 00 W The terms of the lease of the Premises to the COUNTY and the COUNTY's Right of -11 � First Refusal are set forth at length in the Lease which is incorporated in this Memorandum by reference. 3. Successors and Assigns This Memorandum,the Lease and the Right of First Refusal shall bind and inure to the benefit of the parties and their respective heirs,successors,and assigns,subject,however,to the provisions of the Lease oil assignment. 4. Governing Law This Memorandum,the Least and the Right of First Refusal are governed by California law. Executed as of the date first above written. COUNTY: DISTRICT: COUNTY OF CONTRA COSTA LOS MEDANOS COMMUNITY a political subdivision of the State of HOSPITAL DISTRICT California .q By: By: ' Director of General Services Al Prince, President APPROVED AS TO FORM: APPROVED AS TO FORM: VICTOR J.WESTMAN, FOLEY & LARDNER County Counsel By � To s r oo , attorney or ISIS C . Deputy WsAHMaUasv osManM8MLs&WP0 ATTACK ACKNOWLEDGMENTS 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of EPiiT14- On befQre me, , atame T1 of odloer(e.g.,"J a Dae,Notary Public') personally appeared '" Narne(a)of 3VAo(s) personally known to me f i�roved to me on the basis of satisfactory evidence li"D'�` to be the � ��fC1pvE� person} whose name(r,) is/am-subscribed to the Mesion# t I W 15 within Instrument and acknowledged to me that helsheAhey--- Notcry Puolic•colllo'rl o executed the same in hi uthorized capacity(ies), corstro CCs+Q county and that by hislher,the*-signature* on the instrument the M C ornr- .X^`f's jaD .20C' person (s),p (s),or the entity upon behalf of which the person(} acted, executed the instrument. WITNES y hand and o is al sea[. S nature of Notary Pubk OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document:M- 4 11 G Document®ate: Number of Pages: Signer(s) Other Than Named above: Capacity(les) Cl#[Med by Signer(s) Signer's Name:-- L47*"! AAI& Signer's Name: ❑ Individual ❑ Individual Corporat Officer ❑ Corporate Officer Titles): ' TAle(s): ❑ Partner-=0 Limited ® neral ❑ Partner---❑ Limited ❑General ❑ Attorney-in-Fact ❑ Attomey-in-Fact ❑ Trusted ❑ Trustee r ❑ Guardian or Conservator a ❑ Guardian or Conservator ❑ Other: Top of throb here ❑ Other: Top of thumb bare Signer Is Repres ting: Signer Is Representing: 0 1996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184.Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Cal Toll-Free 1.800-67$8827 OALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costaco Can 7/31/98 before me, Darlene E. 'Allen,Notary Public Dods Name and We of Ofter{e.g.,'Jane.Doe,Notary PuNW1 W personally appeared Al Prince to Names)of 8lgner(s) personally known to me 0 proved to me an the basis of satisfactory evidence to be the perso`h(�whose name(r4js/ar bscribed to the within instrument and acknowledged to me that he/sheMhey executed the same In hislho~r authorized capacity(les), a A1�N and that by hislheA4heir-signature()on the Instrument the It236t3 cy _coat persan( r the entity open babel#of which the person(s) Lipbft- tRftPut t�� � acted, executed the instrument. `0 WITNESS my hand and official seal, A4"t--- . Signature of Notary PubNc OPTIONAL Though the Information below Is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Memorandum of Lease Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: O Individual 0 Individual 0 Corporate-Officer D Corporate Officer Title(s): Title(s): D Partner—'0 Limited 0 General 0 Partner—Ci Limited 0 General. ❑ Attomey-in-fact r 0 Attomey-In-Pact 0 Trustee- 0 Trustee 0 guardian or Conservator . 0 Guardian or Conservator a D Cather: Top of thumb here 0 Other: Top of thumb here Signer Is Representing: Signer Is Representing: VIM National Notary Association-8236 Remmet Ave..P.O.Box 7184-Canoga Park,CA 81349-7184 Prod.No,5907 Reorder.Cao 7o#-Free 1-8W67"827 EXHIBIT A LEGAL DESCRIPTION m t� All that real property situate in the City of Pittsburg,County of Contra Costa,State of California,described as follows: Parcel One Lease Parcel A portion of Lot 1,in Block 9 of the Official Map of Camp Strongman,filed June 28, 1966 in Book I I 1 of Maps at Page 36 in the Office of the County Recorder of Contra Costa County described as follows: Commencing at the intersection of the northerly line of the East Bay Municipal District property as described in Book 50 of Official Records at Page 201,and the easterly line of that parcel of land granted to the City of Pittsburg as described in the Deed recorded May 17, 1967 in Book 5370 of Official Records,at Page 46;thence along said easterly line(5370 OR 46) North 0' 00 15" East, 301.79 feet to the point of beginning; thence along said easterly line(53 70 OR 46)North 0' 00' 15" East,480.00 feet to the southerly line of that parcel of land granted to Samuel L.Bemstein,et al.,as described in the Deed recorded April 6, 1972 in Book 6624 of Official Records at Page 603;thence along said southerly line(6624 OR 603)South 89'59'29"' 9'29",East, 199.99 feet;thence along the extension of said southerly line(6624 OR 603)South 89'59'29"East,35.01 feet;thence easterly along a tangent curve having a radius of 320.00 feet,concave to the North,through a central angle of 18'24'42", an arc distance of 102.83 feet to a point,a radial line of said curve through said point bears South 18' 24' 11"East; thence North 0' 00'East, 93.67 feet; thence North 90' 00'East, 330.00 feet;thence South 0'00'West,96.13 feet to a point;thence southerly along a curve having a radius of 90.00 feet,concave to the northeast,a radial line of said curve through said point bears South 32' 13' 51" West through a central angle of 32' 13'51", an are distance of 50.63 feet;thence tangent to said curve North 90' 00'East,210.00 feet to the easterly line of that parcel of land granted to the Los Medanos Community Hospital District as described in the Deed recorded in Book 6624 of the Official Records at Page 556;thence along said easterly line(6624 OR 556)South 0' 00'03" East,480.00 feet;thence leaving said easterly line(6624 OR 556)North 90'00"West 315.41 feet;thence westerly along a tangent curve having a radius of 85.00 feet,concave to the South,through a central angle of 32'38'13",an arc distance of 48.42 feet to a point of reverse curve,a radial line of said curve through said point bears North 32'38'13"West;thence westerly along a reverse curve having a radius of 200.00 feet,concave to the North,through an angle of 61' 11'23",an arc distance of 213.59 feet to a point of reverse curve,a radial line of said curve through said point beats South 28'33' 10"West;thence westerly along a reverse curve having a radius of 170.00 feet,concave to the South, through an angle of 28' 33' 10",an arc distance of 84.72 feet; thence tangent to said curve North 90' 00'West, 278.15 feet to the point of beginning. Parcel Two 45'Easement A non-exclusive easement for access,appurtenant to the above described lease parcel, 45.00 feet wide,the West side is described as follows: Beginning at the southeasterly comer of that parcel of land granted to Samuel L. Bernstein,et al.,as described in the Deed recorded April 6, 1972 in Book 6624 of Official Records at Page 603;thence along the East line of said parcel,North 0'00' 15"East, 200.01 feet to the northeast comer of said parcel, said corner being the terminal point of this description. Parcel Three 50'Easement Is 00 A non-exclusive easement for access, appurtenant to the above described lease parcel, 50.00 feet wide,the East line is described as follows; Beginning at the northeast comer of that parcel of land granted to the Los Medanos Hospital District as described in the Deed recorded in Book 6624 of Official Records at Page 556;thence along said easterly line South 34°57 25" East, 116.89 feet;thence South 0°00` 03"East 258.06 feet to the terminal point of this description, Together with rights of ingress,egress and maintenance over existing easements,driveways or landscaping which may extend over DISTRICT's adjacent land. EXHIBIT B Property situated in the City of Pittsburg, County of Contra Costa, State of Californih, described as follows: it1 PARCEL 1 :Assessor's Parcel 088-161-028 Parcel A as shown on the Parcel Map,M.S.No.679-96,filed May 29, 1997 in Book W 171 of Parcel Maps,Page 18,Contra Costa County Records. to PARCEL 2 :Assessor's Parcel 088-161-013 Parcel A as shown on the Parcel Map filed July 28, 1976 in Book 47 of Parcel Maps, Page 13,Contra Costa County Records. PARCEL 3 :Assessor's Parcel 088-161-03 1 Parcel D as shown on the Parcel Map,M.S.No.679-96,filed May 29, 1997 in Book 171 of Parcel Maps,Page 18,Contra Coita County Records. PARCEL 4:Assessor's Parcel 088-521-020 Lot 68 as shown on the map of subdivision 5492 filed January 22, 1980 in Book 234 of Maps,Page 35,Contra Costa County Records. PARCEL 5 :Assessor's Parcel 088-521-021 Lot 69 as shown on the map of subdivision 5492 filed January 22, 1980 in Book 234 of Maps,Page 35,Contra Costa County Records.