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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-180 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Carder on April 6, 2004 , by the fallowing vote: AYES: Supervisors Gioia, Uilkema, Greenberg, DeSaulnier, and Glover NOES:None ABSENT ABSTAIN: None: RESOLUTION NO. M/180 SUBJECT: SALE OF TAX-DEFAULTED PROPERTY TO THE EAST BAY REGIONAL.PARK DISTRICT IT IS BY THE BOARD ORDERED that the Chair is authorized to execute an Agreement of Sale entered into between the County of Contra Costa, State of California, and the East Bay Regional Park District, for the sale of Parcel 037-420-036 to the East Bay Regional Park District, pursuant to Revenue and Taxation Code Sections 3701 et seq., as recommended by the County Treasurer-Tax Collector. 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: JOHN SWEETEN,Clerk of the Board ' ervi$ore d County A"Inistrator ByU ©eputy Orig. Dept.: cc: Treasurer-Tax Collector (5 certified) County Administrator Auditor-Controller Assessor RESOLUTION NO. 2oo4/18o a\wp winHamsN4&vo1u.ps AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY This agreement Is made this 6th day of_ April , 2004 by and between the Board of Supervisors of Contra Costa County, State of California, and the East Bay Regional Park District, a California Special District("Purchaser"), pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. The real property situated within said county, hereinafter set forth and described in this agreement is tax-defaulted and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to provisions of law. TERMS AND CONDITIONS It Is mutually agreed as follows: 1. that as provided by Section 3800 of the Revenue and Taxation Code, the cost of giving notice of this agreement shall be paid by the PURCHASER, and 2. that the PURCHASER agrees to pay the sum of$ 6.600,00 and the additional costs of the sale, 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. 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 that Individual parcel. 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. SCO 8.12,1 (1-00)8-00 APN: 037420-036, Situs: No Address, Oakley, CA The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. ATTEST: East Bay Regional Park District AAA 1 IICML� ce pcy-4,5- By- (PURCHASER) (SEAL) Aj 0 01V, e/D A) ATTEST: (A-rTA C H F—J�) John Sweeten , Clerk of the Board of By: Board of Supervisors Z41M Supervisors and County Administrator of Contra Costa County By: BY4�P"UTIY) HAIR) (SEAL) Pursuant to the provisions of Section 3775 of the Revenue and Taxation Code the governing body of the City of Oakley hereby agrees to the selling price as provided in this agreement. ATTEST: CITY OF OAKLEY (DEP TY By: (MAYO ( L) 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. L/ County Tax Collector Pursuant to the provisions of Section 3795 of the Revenue and Taxation Code, the Controller approves the foregoing agreement this day of STEVE WESTLY, CALIFORNIA STATE CONTROLLER By: SCO B-12.2(1-00)1-d4 EXH1BM"A" Parcel Number: 037-420-036 First Year Delinquent: 1997-98 Default Number: 6203 Purchase Price: $6,500.00 DESCRIPTION: City of Oakley(formerly unincorporated) Parcel C, as shown on the map of Subdivision 7585, "The Vintage Unit ", filed June 10, 1991 In Book 357 of Maps, page 21, Contra Costa County Records, as amended by Certificate of Correction recorded March 20, 1996, Record'er's Series No. 96-50136. EXCEPTING THEREFROM: The undivided 1/3 interest In all oil, gas, petroleum or other hydrocarbons, other minerals and mineral rights, as excepted and reserved in the deed from Bertha Del Monte, as trustee to Francisco Dal Porto, at al, recorded September 19, 1950, Book 1635,page 334, Official Records.The right to surface entry has been waived. All oil, gas and other hydrocarbon and minerals now or at any time hereafter situated therein and thereunder, as reserved In the deed from California Lands, Inc.,to Anthony J. Dal Porto, at al, recorded January 9, 1940, Book 528, page 462, Official Records,and as modified by deed from Transamerica Development company to Marion Jeanne Michelottl, at al, recorded January 23, 1581, Book 10178, page 80, of Official Records. The right of surface entry has been waived. All oil, gas, casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land, together with the right to take, remove, mine, pass through and dispose of all said oil, gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any right whatsoever to enter upon the surface of said land or upon any part of said land within 500 feet from the surface thereof, as reserved in the deed from Marion James Michelottl, to Hofmann Construction Company, a California Corporation, recorded January 23, 1981, Book 10178, page 83, Official Records. All oil, gas, casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land,together with the right to take, remove, mine, pass through and dispose of all said oil, gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any right whatsoever to eater upon the surface of said land or upon any part of said land within 500 feet from the surface thereof, as reserved in the deed from Robert A. Dal Porto,at al, to Hofmann Construction, Co., a California Corporation, recorded December 24, 1981, Book 10623, page 710, Official Records. EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO. 2004-02-30 February 17, 2004 AUTHORIZATION TO OBJECT TO PUBLIC SALE, ENTER INTO AN AGREEMENT TO PURCHASE,AND ALLOCATE FUNDS FOR PURCHASE OF FEE INTEREST IN TAX-DELINQUENT REAL PROPERTY (THE HOFMANN COMPANY PARCEL C) FROM THE CONTRA COSTA COUNTY TAX COLLECTOR'S OFFICE: BIG BREAK REGIONAL SHORELINE WHEREAS, by Resolution No. 1996-04-078 adopted April 2, 1996, the Board of Directors approved acceptance of the subject property's dedication from The Hofmann Company upon specified conditions that have not been met; and { WHEREAS,the fee interest in the subject real property(APN 037-420-036)was scheduled for public auction in February 2004; and WHEREAS, acquisition of the property is necessary to complete the Big Break Regional Shoreline Trail and advance the District's 1997 Master Plan goal to enhance public access to the Delta, and WHEREAS,under State Revenue and Taxation Code Sections 3695 and 3695.4,the District may file with the County Tax Collector and Board of Supervisors a written abjection to the sale of property that is needed for a public use, along with an application to purchase that property for no less than the minimum bid price; and WHEREAS, this acquisition is exempt under CEQA guidelines; NOW,THEREFORE,BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to object to the public sale of The Hofmann Company's tax-defaulted property,to enter into an agreement to purchase,and to allocate funds to purchase fee interest in this property; and BE IT FURTHER RESOLVED that the Board hereby allocates$20,800 in Measure AA bond proceeds to CIP 2235,as shown on the attached Budget Change form,for purchase of fee interest in the property; and BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed,on behalf of the District and in its name,to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director Wieskamp , and seconded by Director Radke and adopted this 17th day of February, 2004, by the following vote: FOR: Directors Ted Radke, Carol Severin, Doug Siden, Jean Siri, John Sutter, Ayn Wieskamp. AGAINST: None. ABSTAIN: None. CERTIFICATION ABSENT: Director Beverly Lane. I, Debra Fassler, Clerk of the Board of Directors of the East Bay Regional Park District, do hereby certify that the above and foregoing is a full, true, and correct copy of Resolution 2004-2-30 adopted by the Hoard of Directors at a regular meeting held on February 17, 2004. EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM CHANGE FORM# New Appropriations Budget Transfers: ; X From Unappropriated Reserves From Budgeted Contingent Reserve Measure AA Funds (Delta Access) Within Same Department Activity From New Revenues Between Projects Account Name: EXPENSE: Capital Project--Acquisition--Big Break'.--- Hofmann (Measure AA Funds/Delta Access) Purchase price Account* 333-63301-638-7010/223500 BAAA Budget G-7#101 $6,500 Account Name: EXPENSE: Capital Project—Acquisition—Big Break– Hofmann reak-Hofmann (Measure AA Funds/Delta Access) Closing costs, staff time Account* 333-6330.638-7010/223500 $10,500 BAAA Budget G-7#100 Account Name: EXPENSE:Capital Project—Acquisition—Big Break-- Hofmann (Measure AA Funds/Delta Access) Signs&fencing,clean-up Account#: 333-63301-638-7010/223501 $3,800 BAAA Budget G-7#500 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on Feb. 17, 2004, Staff recommends that the Board of Directors authorize the appropriation of$20,800 of Measure AA Funds for purchase of fee interest in tax-delinquent real property (the Hofmann Company Parcel C) from the Contra Costa County Tax Collector's Office. As,A.pproved at the Board of t iroctors Meeting ren: ::.Date; Board esfrctars Resolution No. 2004-Q2 30 Posted By: Date: 02/17/2004 Signature T:(Finance)lBudget/2004/Changes/seq/Hofman-Big Breek.doc