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HomeMy WebLinkAboutMINUTES - 06061995 - 1.99 1.95 through 1. 100 THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _June 6, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None SUBJECT: Correspondence 1.95 LETTER from Robert A. Baker, Deputy Chief Engineer, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, CA 94553- 4392, expressing concern with the policy in the Land use and Resource Management Plan for the Primary Zone of the Delta which may be interpreted to restrict the beneficial reuse of both water and biosolids. ***REFERRED TO WATER COMMITTEE AND \HEALTH SERVICES DIRECTOR 1.96 LETTER from Linda Arcularius, Chairperson, Board of Supervisor, County of Inyo, P. 0. Box N, Independence, CA 93526, urging support for the repeal of the Mountain Lion Preservation Act. ***REFERRED TO COUNTY ADMINISTRATOR 1.97 LETTER from John Caffrey, Chairman, State Water Resources Control Board, P. 0. Box 100, Sacramento, CA 95812-0100, in response to the Board's letter, referred to the discharge of agricultural drainage to the Bay-Delta Estuary, and advising that any application for a discharge permit will be subject to the public review process. ***REFERRED TO WATER COMMITTEE 1.98 LETTER from Ken Etherington, Browning-Ferris Industries, P. 0. Box 23164, Pleasant Hill, CA 94523, expressing support for a workshop for the dissemination of factual information on special waste disposal. ***REFERRED TO DIRECTOR, GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT AGENCY 1.99 RESOLUTION adopted by the City Council, City of Orinda, 26 Orinda Way, Orinda, CA 94563, requesting the cancellation and refund of property taxes in the amount of $2,714.70 paid upon the purchase of the Orinda Oaks property for use as a public parkland. ***REFERRED TO TREASURER-TAX COLLECTOR, COUNTY COUNSEL, AND ASSESSOR FOR RECOMMENDATION 1.100 LETTER from Matt Fong, Treasurer, Office of the State Treasurer, Sacramento, California, requesting that the Board write to the appropriate Congressional Committee Chairs encouraging the Federal Government to increase the amount of Mortgage Credit Certificates and Bonds California can issue for housing and other public benefits. ***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR IT IS BY THE BOARD ORDERED that the recommendations as noted (***) are APPROVED. . cc: Correspondents County Administrator Water Committee I hereby certify that this Is a hue and correct copy of Health Services Director an action taken and entered on the minutes of the GMEDA Boarr'of Supervisors on the date shown. _ Treasurer-Tax Collector ATTESTED: County Counsel PHIL ATCHELOR,Clerk of the Board Assessor of Supervisors and County Administrator Community Development Director Deputy _uo 'ORIN 26 orindo woy orindo colifornio 94563 510 • 254-3900 RECEIVE® May 17,- 1995 MAY 2 3 1995 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 Dear Members of the Board: Enclosed is a certified copy of City of Orinda Resolution No. 35- 95, adopted by the Orinda City Council on May 16, 1995, requesting the cancellation and refund by the County Board of Supervisors and Assessor, of property taxes paid upon purchase of the Orinda Oaks property. Please present this resolution for consideration at the next available Board of Supervisors meeting. Sincer ly Mary R. Ellsworth _ City Clerk Enc. cc: County Auditor County Counsel 7�- -ZL Printed on Recyded Paper BEFORE THE CITY COUNCIL OF THE CI' _ OF ORINDA In the Matter of : Requesting the Cancellation and ) Refund by the County Board of ) Supervisors and Assessor of ) RESOLUTION NO. 35-95 Property Taxes Paid Upon Purchase ) of the Orinda Oaks Property ) On April 4, 1995, the City, for va_uable consideration, acquired fee title to the Orinda Oaks Prope-ty for use as public parkland. (APN ' s 270-160-005, 270-160-010 , 270-160-011 and 270- 281-006 ) . A copy of the grant deed descri'ping the Property and conveying this interest is attached as Exhibit "A. " In connection with the transfer of title and as required by the escrow officer, the City paid real property taxes for the fiscal year 1994/1995 from the close of escrow to the end of the fiscal year. The amount of property taxes paid into the escrow for the benefit of the County was $2 , 714 . 70 . A copy of the escrow settlement statement reflecting this payment is attached as Exhibit 11B. 1B• 11 Under Revenue and Taxation Code section 5081 (b) , property purchased by a City is exempt from the collection of real property taxes from the City from the date of conveyance. Therefore, the property taxes collected from the City for the period measured from the close of escrow (date of conveyance) to the end of the fiscal year, were erroneously collected, and should be canceled. R & T S§ 5096 (b) , 5086(b) . Under Revenue and Taxation Code sections 5096, and 5096 . 7, a City may request and the Board of Supervisors of a county may order, the cancellation and refund of property taxes erroneously collected. NOW, THEREFORE, the City Council of the City of Orinda resolves that : 1 . The Board of Supervisors of Contra Costa County is hereby requested to order the cancellation of real property taxes on the Orinda Oaks Property, and to refund the amo,int of property taxes erroneously collected in the amount of $2 , 714 . 70, plus interest accruing up to time of refund, to the City of Orinda. 2 . The City Clerk is directed to send a certified copy of this Resolution to the County Board of Supervisors for consideration and action . 1 PASSED AND ADOPTED by the City Council of the City of Orinda at a regular meeting of the City Council held on May 16, 1995 by the following vote : AYES: COUNCILMEMBERS : Abrams, Littlehale, Tabor, Wheatland, Hawkins NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None Joyce Hawkins, Mayor ATTEST: i Mary R. llsworth, City Clerk ; Clerk OA 2 f-C,,C0P,,D!NU— REQUESTED BY: First An----rican Title Insurance Company 345 California Street, Suite 2400 San Fraj,.::Isco, CA 94104 Attn: Kii-riberleigh Toci We certify this to be WHEN RECORDED MAIL TO: a true and correct copy City of Orinda of �ec[i inaY I 26 Orinda Way Recorded Orinda, California 94563 Series 4 A ftii: FIRST AMERICAN TIT OF SA NCISCO BY: MAIL TAX STATEMENTS TO: City of Orinda 26 Orinda Way Orinda, California 94563 Attn: Title Order No. 572456 Escrow No. 239250 [space above this line for recorders usel RTC CALIFORNIA GRANT DEED This RTC CALIFORNIA GRANT DEED is made this day of 1995, by RESOLUTION TRUST CORPORATION solely in its capacity as Receiver for Great American Federal Savings and Loan Association, whose address is 3500 Maple Avenue, Dallas, Texas 75219, as GRANTOR, to City of Orinda, a municipal corporation and subdivision of the State of'Califomia, whose address is 26 Orinda Way, Orinda, California 94563, as GRANTEE. I WITNESS that Grantor, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, grants to Grantee the real Droper-ty located in the City of Orinda, in the County of Contra Costa, in the State of California and more particularly described in Exhibit "A" attached hereto, (the "Real Property") together with all tenements, hereditaments and appurtenances thereto; subject to current real property taxes, zoning and other governmental restrictions, including but not limited to those described Section III below, and all covenants, conditions, restrictions, easements, rights-of-way and other matters of record. 11 Grantor hereby covenants with Grantee that Grantor will forever defend Grantee I against claims of all persons claiming by, through or under Grantor, except as aforesaid. No other covenants or warranties, express or implied, are given by this Grant Deed. California Standard Form RTC California Grant Deed Prepared 02/12/53 �q III The Grant herein is subject to the restrictions of t1his Section III. (a) Except as provided in Section III(c), the «'ithin described Real Property shall be retained as parkland and used for open space, recreational, and natural resource conservation purposes (tile "Restrictions"). The Restrictions set forth herein are established under the authority and in furtherance of the provisions of federal law, including Section 21 A(b)(9)(D) of the Federal Home Loan Bank Act, as amended (12 U.S.C. 1441a (b)(9)(D)) and Section 10(b) of the Coastal Barrier Improvement Act of 1990, Public Law 101-591 (12 U.S.C.1441a-3). The Resolution Trust Corporation, an instrumentality of the United States, is the Receiver for Great American Federal Savings and Loan Association and Grantor hereunder. These Restrictions shall be binding on the Grantee and the Grantee's heirs, successors or assigns, and shall be covenants.on and running with the Real Property (b) By accepting delivery of this Grant Deed, Grantee covenants and hereby acknowledges that the Restrictions set forth herein are enforceable by any intended beneficiary and consents to jurisdiction and resolving any dispute relating to enforcement of the Restrictions. (c) Notwithstanding the foregoing, the Grantee may cause the release of the Restrictions from a portion of the Real Property subject to the provisions of this Section III(c). (i) Grantee shall have the right to sell no more than three (3) lots, which in the aggregate shall not exceed ten (10) acres, from the parcels designated in Exhibit "B", attached hereto, for residential purposes, in the event that fundraising efforts on behalf of the Grantee result in an amount less than the Fundraising Requirement`as defined in the Purchase and Sale Agreement, dated November 3, 1994, by and between the Grantor, as Seller, and City of Orinda, a municipal corporation and subdivision of the State of Califomia, Grantee herein, as Buyer, as successor in interest to The Trust for Public Land, a California nonprofit public benefit corporation, pursuant to that certain Assignment and Assumption of Purchase and Sale Agreement, dated March 16, 1995; (ii) the Grantee shall engage in such sales activities only to the extent that such activities are needed to generate funds in the amount of the difference between the Fundraising Requirement and the total amount of funds on hand as a result of fundraising; (iii) funds generated from the sale of lot(s) which exceed the Fundraising Requirement shall be held in trust by the Grantee specifically for use consistent with the purposes of this subsection (iii) and may be released from such trust to be utilized by the Grantee only for the maintenance of, or improvements to, the Real Property consistent with its use as parkland for open space, recreational, and natural resource conservation purposes; (iv) lots to be released of the Restrictions must meet the following conditions: (1) such lots may be only for use for residential purposes, (2) the number of lots which may be sold following recordation of this Grant Deed shall not in the aggregate exceed California Standard Form RTC Cali_`ocnia Grant Deed Prepared 02/12/93 2 • three (3) lots, each of which must be Within the parcels described on Exhibit "B" to this Grant Deed and (3) at no time may the aggregate acreage released from the Restrictions exceed ten (10) acres-, and (v) Grantee may only exercise its right to sell lots for residential purposes, free of the Restrictions by recording of a Release of Restrictions (the "Release"), in form of Exhibit "C" attached hereto, and upon such recordation the lots designated in such Release shall be released from the Restrictions without further act or deed of any party. Any third party, including but not limited to a purchaser, lender or insurer of said lot or its title may rely exclusively on said Release without the need of further inquiry. A recorded Release in form I required, appearing valid on its face, shall create a conclusive presumption of validity which said third party may rely upon. A Release not meeting the requirements of this Section III shall have no force or effect to release RestrIctions from any lot or lots. IN WITNESS WHEREOF, Grantor and Grantee each has set its hand and seal the day and year first above written. GRANTOR: RESOLUTION TRUST CORPORATION,' solely in its capacity as Receiver for Great American e eral ings and Lo Association By: Name:t. : Lk)._7kT:0rA,3,"S Title: OV GRANTEE: CITY OF ORINDA, a municipal corporation and subdivision of the State of California By: Name: Title: CaliforniaStandard Form RTC California Grant Deed Prepared 02/12/93 3 three (3) lots, each of which must be within the parcels described on Exhibit "B" to this Grant Deed and (3) at no time may the aggregate acreage released from the Restrictions exceed ten (10) acres; and (v) Grantee may only exercise its right to sell lots for residential purposes, free of the Restrictions by recording of a Release of Restrictions (the "Release"), in form of Exhibit "C" attached hereto, and upon such recordation the lots designated in such Release shall be released from the Restrictions without further act or deed of any party. Any third party, including but not limited to a purchaser, lender or insurer of said lot or its title may rely exclusively on said Release without the need of further inquiry. A recorded Release in form required, appearing valid on its face, shall create a conclusive presumption of validity which said third party may rely upon. A Release not meeting the requirements of this Section III shall have no force or effect to release Restrictions from any lot or lots. IN WITNESS WHEREOF, Grantor and Grantee each has set its hand and seal the day and year first above written. GRANTOR: RESOLUTION TRUST CORPORATION, solely in its capacity as Receiver for Great American Federal Savings and Loan Association By: Name: Title: GRANTEE: CITY OF ORINDA, a municipal corporation and subdivision of the State of California BY Name: Ce c fl- S. Ri 1 Title: City Manager CaIirnrni. SL•ndird Form RTC Ca I Iforn:a Grant D-1 Prepared 02112/Q3 3 STCkTE OF CALIFORNIA COUNTY OF Contra Cost) On March 31 , 1995 before me, Mary R. Ells,.7orth a Notary Public in and for said state, personally appeared CECIL S. RILE'.,* personally known to me OR proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that'by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I Id T art dP Q!Q —�^JW#Cial seal. MARY P.EU-SWORM COMM.0 990849 Nory P%jt>nc—Coliton-Aa SOLANO COUNTY Notary Publv'c in and for said State WID:omm.Expires APR 8. =j STATE OF TEXAS COUNTY OF On Wore me. a Notary Public in and for said state, personally appeared, personally known to me OR proved to me orf the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official sea]. Notary Public in and for said State C.Iirarni. standard Form RTC California Crant D-9d Pr,?p--.ic.,i 02/12/93 4 ACKNOWLEDGEINIENTS STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, a Notary Public in and for said state, personally appeared [ ] personally known to me OR [ ] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on'the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF TEXAS ) ss. COUNTY OF / �� ) On 14,�tl , before me, >� 0 a Notary Public in and for said state, personally appeared i G [ ] personally known to me OR [ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. S ft�"li ficial seal. �yY�VO� +o`rb ` ©ETC`( TATE Notary Public �,� State 01 Texas •�r�o,t�*f' &V Comm 7E�. �uv. ©. 1oo7 Notary lic in and for said State CaliforniaStandard Porro RTC California Grant Deed Prepared 02/12/93 4 X)INDF:K RESOLUTION TRUST CORPORATION, acting solely in its capacity as Receiver for Great American Federal Savings and Loan Association, predecessor-in-interest to Grantor with respect to the above-described real property, hereby conveys and quitclaims to Grantee any and all interest it may have in the above-described real property, and hereby joins in the conveyance of the above-described real property to Grantee, without warranty. RESOLUTION TRUST CORPORATION, solely in its capacity as Receiver for Great American Fede sand ossociation 4t C0 met By: Name: Title: U 1r2s'.n�� 1 r A CKN OW LED GEMENTS STATE OF TEXAS ). } ss. COUNTY OF b,4 z—Z_ ) / � Cz d- %t a Notary Public On ��Y`�_A �� I,f/�J , before me � , in and for said state, personally appeared i Z/,,l t on?as [ ] personally known to me OR [ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. it lt�tr� ficial seal. y TATE . Notary Public �+ Stake Ot Texas c0,0, iy Comm. Exp. Jura, 9, 1907 Notary blic in and for said State �.._ California5,,andard Form RTC California Grant Deed Prepared 02/12/93 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Commitment No. 572456 Page 4 4. The land referred to In this Commltment is described as follows: REAL PROPERTY h the City of Orinda, County of Contra Costa, State of California, described as foiiows: Portion of Lots 151, 152, 153, 154, 163, 164, 165, 166, 192, 193 and 205, Map of Colorados Rancho, filed August 8, 1916, Map Book 15, Page 308, Contra Costa County Records, described as follows: Beginning on the southwest line of Donald Drive at the most easterly corner of Lot 17, designated on the Map of Rheem View Acres, filed August 19, 1953, Map Book 51, Page 39; thence from said point of beginning along the exterior lines of said Lot 17 as follows: South 370 OT 20' West, 222.87 feet, South 270 41' 10' West, 104.25 feet and North 51. 09' 30' West, 116.68 feet to the southeast line of the tract of land designated on the Map of Tract No. 2816, filed May 12, 1960, Map Book 77, Page 33; thence along the exterior line of said Tract No. 2816 as follows: South 46' 27'55' West, 308 feet; South 58' 16' 25' West 211 feet; South 50' 25'West 322 feet; South 60' 52' 15'West, 243.71 feet and North 59' 16'30* West 167.49 feet to the East line of Hall Drive; thence South 30° 43' 30' West along said Hall Drive, to the southwest line of the 906 acre parcel of land described as Parcel One in the Deed to Donald L Rheem, et ux, recorded October 15, 1953, Book 2208, Official Records, Page 287; thence along the exterior line of said 906 acre parcel as follows: South 51' 30' East, 138.64 feet; southeasterly along the arc of a curve to the right with a radius of 225 feet, an arc distance of 121.83 feet; South 100 05' 32' West, 272.49 feet; South 52' 11' 28' East, 641.53 feet; South 49' 32' 16' East, 350.67 feet; South 64' 50' 54' East, 183.82 feet, South 79' 59' 47' East, 314.5 feet, North 780 54' 28' East, 129.34 feet and North 74' 43' 20' East, 302.87 feet to the most southerty comer of Lot 14, designated on the Map of Tract No. 2779, filed .lune 10, 1960, Map Book 78, Page 3; thence along the exterior lines of said Tract No. 2779 as follows: North 12' 26' 17' East. 240.61 feet; North 5° 13'52*West, 100 feet; North 84' 46'08' East, 250 feet; South 11' 34' 34' East, 275.17 feet; South 53' 58' 30' East, 330 feet, South 429 OT 37' East, 124.73 feet and South 0' 11' 3T West, 538.47 feet to the southeast comer of Lot 1, as designated on said Map of Tract No. 2779; thence North 81. 4T 09' East along the North lines of Parcels B and C, as designated on the Parcel Map filed August 11, 1972, Book 23, Parcel Maps, Page 31, 258.78 feet to the southwest line of said 906 acre parcel; thence along said southwest line as follows: South 53' 03' 21' East, 193.53 feet and South 51' 3T 19' East to the line between the Moraga School District and the Orinda School District; thence northerly along said School District line to the North line of the existing roadway known as Donald Drive; thence westerly along the North line of said Donald Drive to a line drawn North 55' 08' 27* East from the point of beginning; thence South 55' 08' 27' West to the point of beginning. A.P.Nos.: 270-160-005, 010 and 011 271-281-006 CaliforniaStandard Form RTC California Grant Deed Prepared 02/12/93 • F-XHIBIT '73" LEGALDESCRIPTION OF PARCELS WITHIN WHICH LOTS WHICH MAY BE SOLD , FOR RESIDENTIAL PURPOSES NfUST BE LOCATED Real Property in the City of Orinda, County of Contra Costa, State of California, described as follows: Portions of Lots 151 thru, 154, 164 thru 166, 192 , 193 and 205, Map of Colorados Rancho filed August 8, 1916 Map Book 15, Page 308, Contra Costa County Records, more particularly described as follows: Parcel One Beginning on the east line of Hall Drive, at the most westerly corner of Lot 11 designated on the Map of Tract No. 2816, filed May 121 1960, Map Book 77, Page 33; thence South 59-16130" East 167.47 feet along the southwesterly line of said Tract No. 2816, thence leaving the southwesterly line of said Tract No. 2816 and continuing along the bearing of said southwesterly line a distance of 500 feet; thence along a line the bearing of which is South 37"48132" West to the intersection with the exterior line of the 906 acre parcel of land described as Parcel One in the Deed to Donald L. Rheem at ux, . recorded October 15, - 1963, Book 2208 official Records,. Page 287 ' thence along the exterior line of said 906 acre parcel North 52^11128" West to the intersection with a line that bears North 10-05132" East; thence along said line, being also along the exterior line of said 906 acre parcel, northwesterly along the arc of a curve to the left with a radius of 225 feet an arc distance of 121.83 feet.; thence North 51-301 West 138.64 feet to the east line of Hall Drive; thence North 30-43130" East to the point of beginning. Parcel Two Beginning at the most westerly corner of Lot 12 designated on the Map of Tract No. 2779, filed June 10, 1960, Map Book 78, Page 3; thence South 84-46108" West 150.00 feet; thence North 5-1315211 West 300 feet; thence North 84'46108" Fast 600. 00; thence South 5^13152n Fast 300 feet,* thence South 84^46108" West 200 feet, more or less, to the most northerly corner of Lot 11 of said Tract No 2779; thence along the northerly line of said Tract No. 2779 South 84^46108" West 250 feet to the point of beginning. California 5_andard For-., RTC Califc):,i a Grant Dc-ed Prepared 02/12/93 E,\1-11 B IT '`C' Form of Release of Restrictions RECORDING REQUESTED BY AND WH:EN RECORDED MAIL TO: Arm: Title Order No. Escrow No. [space above this line for recorder's use] RELEASE OF RESTRICTIONS The Undersigned, on behalf of the City of Orinda, a municipal corporation and subdivision of the State of California, (the "City") being duly sworn, hereby says as follows: 1. It is the Grantee under that certain Grant Deed dated as of 1995 and recorded as Instrument No. on 1995 in the Official Records of the Recorder of Contra Costa County (the "Grant Deed"); 2. That the Grant Deed provides in Section III thereof as follows: III The Grant herein is subject to the restrictions of this Section III. (a) Except as provided in Section III(c),the within described Real Property shall be retained as parkland and used for open space, recreational, and natural resource conservation purposes (the "Restrictions"). The Restrictions set forth herein are established under the authority and in furtherance of the provisions of federal law, including Section 21A(b)(9)(D) of the Federal Home Loan Bank Act,as amended(12 U.S.C. 144 la (b)(9)(D))and Section 10(b) of the Coastal Barrier Improvement Act of 1990,Public Law 101-591 (12 U.S.C.144la- 3). The Resolution Trust Corporation, an instrumentality of the United States, is the Receiver for Great American Federal Savings and Loan Association and Grantor hereunder. These Restrictions shall be binding on the Grantee and the Grantee's heirs, successors or assigns, and shall be covenants on and running with the Real Property (b) By accepting delivery of this Grant Deed,Grantee covenants and hereby acknowledges that the Restrictions set forth herein are enforceable by any intended ben- eficiary and consents to jurisdiction and resolving any dispute relating to enforcement of the Restrictions. (c) Notwithstanding the foregoing,the Grantee may cause the release of the Restrictions from a portion of the Real Property subject to the provisions of this Section III(c). (1) Grantee shall have the right to sell no more than three(3) lots, which in the aggregate shall not exceed ten (10)_acres, from the parcels designated in Exhibit "B",attached hereto,for residential purposes,in the event that fundraising efforts on behalf of the Grantee result in an amount less than the Fundraising Requirement as defined in the Purchase and Sale Agreement, dated November 3, 1994, by and between Caiifor nia Scandara RTC California Gran; De-d Prepared 02/12/93 I Grantor,as Seller,and City of Orinda, a municipal corporation and subdivision of the State of California, Grantee herein, as Buyer, as successor in interest to The Trust for Public Land, a California nonprofit public benefit corporation, pursu2nt to that certain assignment and Assumption of Purchase and Sale Agreement, dated `.larch 16, 1995; (i i) the Grantee shall engage in such sales activities only to the extent that such activities are needed to generate funds in the amount of the difference between the Fundraising Requirement and the total amount of funds on hand as a result of fundraising; (iii) funds generated from the sale of lot(s) which exceed the Fundraising Requirement shall be held in trust by the Grantee specifically for use consistent with the purposes of this subsection (iii) and may be released from such trust to be utilized by the Grantee only for the maintenance of, or improvements to, the Real Property consistent with its use as parkland for open space, recreational, and natural resource conservation purposes; (iv) lots to be released of the Restrictions must meet the following conditions: (1) such lots may be only for use for residential purposes, (2) the number of lots which may be sold following recordation of this Grant Deed shall not in the aggregate exceed three (3) lots, each of which must be within the parcels described on Exhibit "B" to this Grant Deed and (3) at no time may the aggregate acreage released from the Restrictions exceed ten (10) acres; and (v) Grantee may only exercise its right to sell lots for residential purposes, free of the Restrictions by recording of a Release of Restrictions (the "Release"), in form of Exhibit "C" attached hereto, and upon such recordation the lots designated in such Release shall be released from the Restrictions without further act or deed of any party. Any third party, including but not limited to a purchaser, lender or insurer of said lot or its title may rely exclusively on said Release without the need of further inquiry. A recorded Release in form required, appearing valid on its face, shall create a conclusive presumption of validity which said third party may rely upon. A Release not meeting the requirements of this Section III shall have no force or effect to release Restrictions from any lot or lots. 3. That the aforementioned Purchase and Sale Agreement,,dated November 3, 1994, by and between the Grantor, as Seller, and City of Orinda, a municipal corporation and subdivision of the State of California, Grantee herein, as Buyer, as successor in interest to The Trust for Public Land, a California nonprofit public benefit corporation, pursuant to that certain Assignment and Assumption of Purchase and Sale Agreement, dated March 16, 1995, defines "Fundraising Requirement" to mean that dollar amount equal to the Purchase Price, plus Buyer's other acquisition, subdivision and sales-related costs, provided Buyer's other acquisition, subdivision and sales-related costs shall not exceed fifteen percent (15%) of the Purchase Price; 4. The City represents that since the date of recordation of the Grant Deed as follows: (a) the City has used its best efforts to meet the Fundraising Requirement as defined in Paragraph 3 above, however, such fundraising efforts on behalf of the City have resulted in an amount less than said Fundraising Requirement; (b) the lots described in Exhibit "X" attached hereto (the "Released Property") are located within the parcels described in Exhibit "B" to the Grant Deed and such Released California Standard Fora RTC California Grant Deed Prepared 02/:2/93 2 Property is being sold for, use only for residential purposes; (c) (1) the City has not caused the release of the Restrictions described in the Grant Deed from more than three (3) lots, including the Released Property, and (2) the City has not caused the release.of the.Restrictions from acreage of more than ten (10) acres, including the Released Property; (d) the City has engaged in sales activities for residential purposes only to the extent that such activities are needed to generate funds in the amount of the difference between the Fundraising Requirement and the total amount of funds on hand as a result of fundraising; and (f) all funds generated from the sale of property released from such Restrictions, prior to the date of this Release, and which exceeded the Fundraising Requirement have been held in trust by the City specifically for use consistent with the purposes of Section III(c)(iii) of the Grant Deed and have been released from such trust to be utilized by the City only for the maintenance of, or'improvements to, the Real Property described in such Grant Deed consistent with its use as parkland for open space, recreational and natural resource conservation purposes. 5. The City covenants that the funds generated from the sale of the Released Property which exceed the Fundraising Requirement shall be held in trust by the City specifically for use consistent with the purposes of Section III(c)(iii) of the Grant Deed and may be released from such trust to be utilized by the City only for the maintenance of, or improvements to, the Real Property described in the Grant Deed consistent with its use as parkland for open space, recreational and natural resource conservation purposes; 6. In accordance with the authority vested in it by the Grant Deed, the City hereby authorizes the release of the Restrictions contained in Section III of the Grant Deed from the Released Property. CITY OF ORINDA a municipal corporation and subdivision of the State of California By: N am e: Title: California Standard Form RTC California Grant Deed Prepared 02/12/93 3 Certification of FinanciA Official of City of Otinda This certification is made this day of 19_ in connection with the within Release of Restrictions (the "Realease"). Capitalized terms used herein and not defined herein shall have the meaning given to such terms in the Release. The undersigned hereby certifies as follows: 1. That I, , am the of the City of Orinda (the "City") and in that capacity I oversee and am responsible for the financial affairs of the City and am fully familiar with and oversee matters related to the Fundraising Requirementand fundraising efforts of the City described in the within Release; 2. That since the date of recordation of the Grant Deed, (a) the fundraising efforts on behalf of the City have resulted in an amount less than the Fundraising Requirement as defined in Paragraph 3 of the within Release; (b) the City has not sold and, including the Released Property, will have not sold, in the aggregate, more than three (3) lots, from the parcels designated in Exhibit "B" to the Grant Deed, for residential purposes; (c) the City has engaged in sales activities for residential purposes only to the extent that such activities were needed to generate funds in the amount of the difference between the Fundraising Requirement and the total amount of funds on hand as a result of fundraising; and (d) All funds generated from the sale of property released from the Restrictions described in the within Release prior to the date of this Certification and which exceeded the Fundraising Requirement have been held in trust by the City specifically for use consistent with the purposes of Section III(c)(iii) of the Grant Deed as set forth in the within Release and have been released from such trust to be utilized by the City only for the maintenance of, or im- provements to, the Real Property described in such Grant Deed consistent with its use as parkland for open space, recreational and natural resource conservation purposes and to the best of my knowledge all plans, budgets and projections of the City currently in effect show that the City will hold in trust all funds generated from the sale of the Released Property which exceed the Fundraising Requirement and will release such funds from trust only for the maintenance of, or improvements to, the Real Property described in the Grant Deed consistent with its use as parkland for open space, recreational and natural resource conservation purposes. By; Name: the of the City of Orinda California 5[andard RTC Califrnia Gray[ Dec-d ' P r G2/i2/9; 4 Exhibit X ' to Release of Restrictions LEGAL DESCRIPTION OF RELEASED PROPERTY California Standard Form i RTC California Grant Deed > Prepared 02/12/93 5 [DO NOT RECORD] Document No. Date: As of STATEMENT OF TAX DUE AND REQUEST THAT THE AMOUNT PAID NOT BE MADE A PART OF THE PERMANENT RECORD IN THE OFFICE OF THE COUNTY RECORDER (Pursuant to § 11932 R & T Code) To: County Registrar-Recorder Request is hereby made in accordance with the provisions of the Documentary Transfer Tax Act that this form showing the amount of tax due be affixed to the accompanying document after the permanent record is made. The Document names: Resolution Trust Corporation, solely in its capacity as Receiver for Great American Federal Savings and Loan Association, Grantor, and CITY OF ORINDA, a municipal corporation and subdivision of the State of California, Grantee The property described in the accompanying document is located in: Contra Costa County The amount of tax on the accompanying document is calculated to be S and is computed on Full Value of Property described. The undersigned grantor asserts that, pursuant to 12 U.S.C. § 1825 (a), (b) in its conservator- ship/receivership capacity it is immune from the Documentary Transfer Tax imposed by the county. In order to close the subject transaction expeditiously, the RTC, solely in its capacity as Receiver, through its escrow agent, First American Title Insurance Company, hereby pays said Documentary Transfer Tax under protest, specifically reserving the right to claim a refund of all such amounts tendered, including interest and costs incurred in recovering said amounts, through appropriate legal proceedings. The right to claim a refund is reserved to RTC in any of its capacities, its successors, and assigns. GRANTOR: GRANTEE: RESOLUTION TRUST CORPORATION, CITY OF ORINDA, solely in its capacity as Receiver for Great a municipal corporation and subdivision of the Ame ; an Fe al /Savings anoan Association State of California By: !� �rz By: Name: , , Name: Title: �� %Ijg�, Title: NOTE: After the permanent record is made, this form.will be affixed to the conveying document and returned with it. California Standard Form RTC California Grant Deed Prepared 02/12/93 x'IN*AL ESCROW SETTLEMENT STATEMENT FOR THE ACCOUNT OF CITY OF ORINDA IN CONNECTION WITH THE PURCHASE OF THE REAL PROPERTY COMMONLY KNOWN AS ORINDA OAKS PROPERTY IN THE CITY OF ORINDA, COUNTY OF CONTRA COSTA, 'STATE OF CALIFORNIA. ESCROW NUMBER: 239250 ESCROW SETTLEMENT DATE: APRIL 4, 1995 DEBIT: CREDIT: PURCHASE PRICE: 600,000.00 DEPOSIT TO ESCROW: 603, 640.20 INTEREST EARNED ON INVESTMENT: 653.06 PAID: 2ND INST. 1994-1995 TAXES 5,618.16 A.P.N. 270-160-005 : $ 520.12 A.P.N. 270-160-010 : $ 2,240.57 A.P.N. 270-160-011 : $ 2,751.57 A.P.N. 270-281-006 : $ 105-90 PRORATA TAXES FR. 01/01/95 TO COE @ $ 520.12 / 6 MOS. 268.77 A.P.N. 270-160-005 PRORATA TAXES FR. 01/01/95 TO COE @ $ 2,240.57 ,/ 6 MOS. 1,157.85 A.P.N. 270-160-010 PRORATA TAXES FR. 01/01/95 TO COE @ $ 2,751.57 / 6 MOS. 1,421.97 A.P.N. 270-160-011 PRORATA TAXES FR. 01/01/95 TO COE @ $ 105.90 / 6 MOS. 54.87 A.P.N. 270-281-006 PAID: TITLE INSURANCE PREMIUM COST DIFFERENCE FOR ALTA OWNER'S POLICY 445.50 PAID: ESCROW FEES ( 1/2 430.00 PAID: MISC. CHARGES - OVERNIGHT DELIVERY/FAXING/COPIES 50.00 BALANCE DUE from Buyer 653.06 TOTAL: $607,196.72 $607, 196.72 BY: FIRST AMERICAN TITLE INSURANCE COMPANY 345 California Street, Suite 2400 San Francisco, CA 94104 T