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HomeMy WebLinkAboutMINUTES - 06221993 - H.E THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution June 22, 1993, by at least a four-fifths vote as follows: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 93 370 (Gov. Code § 25365) SUBJECT: Conveyance of County Owned Excess Real Property to the Community Development Agency of the Town of Danville Assessor's Parcel No. 216-101-003, Danville Library Danville Area The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board on June 8, 1993, passed Resolution No. 93/292 and Notice fixing June 22, 1993, at 9:00 a.m., in its Chambers, County Administration Building, Martinez, California, as the time and place when it would meet to consummate the conveyance of the real-property described therein to the Community Development Agency of the Town of Danville; said Notice was duly published in the Valley Times. In accordance with prior agreements between the Community Development Agency of the Town of Danville and the County, the Agency will provide a new public library in exchange for the existing library property being conveyed in this transaction. Because the Agency will provide the County with a long-term use and operation agreement for a new and superior library facility, this Board FINDS and DETERMINES that the property being conveyed by this transaction will no longer be requried for County use. This Board hereby APPROVES the Real Property Sales Agreement between Contra Costa County and the Community Development Agency of the Town of Danville and the conveyance of the property located at 825 Hartz Way, Danville, to the Community Development Agency of the Town of Danville upon payment of $600,000 to the County. The Board Chair is hereby AUTHORIZED to execute said Agreement on behalf of the County. The Board Chair is hereby AUTHORIZED to execute a Quitclaim Deed to the Community Development Agency of the Town of Danville on behalf of the County, and this Board DIRECTS the Real Property Division to cause its delivery to the grantee for acceptance and recording. PASSED AND ADOPTED on June 22, 1993, by at least a four-fifths vote of the Board. i hereby Certify that this is a true and correct copy is c:brlO oa22.t6 an action taken and entmod on the minutes of the :br10Board of Supethe dale shown. Orig. Dept.: Public Works (RP) ATTESTED: 2 2 1993 PHIL BATCHELOR,Clerk of the Board Contact: Paul Gavey (313-2220) of.suipervwn andAdministrator cc: County Administrator County Assessor By —g"I A 7,;404 County Auditor-Controller County Recorder (via R/P) RESOLUTION NO. 93 370 REAL PROPERTY SALES AGREEMENT Danville Library 825 South Hartz Avenue Danville, California 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 Community Development Agency of the Town of Danville, a public body, corporate and politic, hereinafter called "Grantee". In consideration of the covenants and conditions hereinafter contained, it is mutually agreed as follows: 1. Grantor hereby agrees to sell and convey that certain real property described in Exhibit "A", attached hereto and made a part hereof, to the Grantee for the sum of$600,000, subject to the terms and conditions set forth herein. 2. The right, title and interest in the property to be sold shall not exceed that vested in the Grantor, and said property is sold 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. Upon approval of the sale 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. 5. Grantor shall retain possession of the property until the New Library, to be built by Grantee in accordance with the Agreement (dated July 8, 1986) and Amendment (dated March 9, 1993) between the parties hereto, is completed and the New Library building is ready for occupancy as outlined in Section 4.e., of said amendment. The property described in Exhibit "A" shall be leased back to the Grantor rent free, under terms and conditions satisfactory to Grantor until Grantor moves to the New Library constructed by Grantee. A lease-back agreement shall be executed by the parties hereto prior to recording the deed from Grantor to Grantee. 6. The entire proceeds of the sale price stated in clause 1., above shall be retained by Grantee which shall use the proceeds for the sole purpose of constructing, furnishing and purchasing books for the New Library as outlined in the above-referenced agreement and amendment. 7. If the New Library is not completed in the project area by January 31, 2000, Grantor shall have the right to reenter the subject property and upon exercise of said right, the estate granted will immediately terminate and revert to Grantor. If the Grantor exercises its right of reversion to the property, Grantee shall retain the purchase price together with any interest it may have collected but shall not be entitled to any additional payment from Grantor. 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 COMMUNITY DEVELOPMENT AGENCY OF THE TOWN OF DANVILLE /By: �p1'N I0�21�A-� By: Chair, Board of Supervisors Chairman ATTEST: Phil Batchelor, Clerk of the Board ATTEST: Secretary of Supervisors and County Administrator Byt By?roverdas Deputy Approved as to form: Apto Aform: Victor J. Westman Mark Doane County Counpel Tow4Att By: B Deputy PBG:glo c:AG8DLt4 1A.E Recorded at the request of: Return to: Town of Danville 510 La Gonda Way Danville, CA 94526 Attn: Joseph Calabrigo Assessor's Parcel No. 216-101-003 QUITCLAIM DEED For 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 COMMUNITY DEVELOPMENT AGENCY OF THE TOWN OF DANVILLE, a public body, corporate and politic, the following described real property in the City of Danville, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF, If the new library to be provided is not completed in the project area by January 31, 2000, as provided in the Real Property Sales Agreement between the parties herein this date, Grantor shall have the right to reenter the property conveyed herein and upon exercise of said 'right, the estate granted will immediately terminate and revert to Grantor. CONTRA COSTA COUNTY Dated June 22, 1993 By /�'I1't �� Q/111151 1 Chair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On June 22, 1993 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Tom Torlakson 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. By. Deputy Clerk PBG:glo c:DE3TD.t6 June 18,1993 EXHIBIT 'A' That parcel of land in the County of Contra Costa, State of California, described as follows: Lot 55 and the north 60 feet of Lot 56, as designated on the map entitled "Danville Gardens, Contra Costa County, California", which map was filed in the office of the Recorder of the County of Contra Costa, State of California, on October 23, 1946, in Volume 31 of Maps, at page 26. Being all that property described in the deed from Hartz Land Company, a Co- Partnership, to Contra Costa County, dated September 25, 1959, and recorded December 4, 1959, in Book 3508 of Official Records at page 149, containing an area of 0.58 of an acre, more or less. PBG:glo c:DanUb.exb May 12, 1993 Page 1 of 1