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HomeMy WebLinkAboutMINUTES - 07181995 - C78 C.78 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 18, 1995 , by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ SUBJECT: Correspondence C.78 CLAIM from Michael Woods, Interim Executive Director, Redevelopment Agency of the City of Pittsburg, 340 Marina Blvd., Pittsburg, California, 94565, for refund of property taxes in the amount of $22,612.06 for special levies and assessment liens on various parcels. *** REFERRED TO TREASURER-TAX COLLECTOR, COUNTY COUNSEL, AND ASSESSOR FOR RECOMMENDATION. IT IS BY THE BOARD ORDERED that the recommendations as noted (***) are APPROVED. I hereby certify that this is a true and Correct copy of CC. Correspondents an action taken and entered on the minut�of the Treasurer-Tax Collector ATTESTED: Board ED: LSupe sors n the toL. , r J County Counsel of Supervisors BArCHand County Administrator Assessor By �A'0 .Deputy C`17P, ! U � IT -79 CLAIM FOR CANCELLATION AND REFUND OF SPECIAL ASSESSMENT TAXES RECEIVED TO: Board of Supervisors Wmd cielmn County of Contra Costa JUL 10 W5 651 Pine Street, Room 106 Martinez, CA 94553 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. The undersigned, as Interim Executive Director of the Redevelopment Agency of the City of Pittsburg, a public body, corporate and politic, ( "Claimant") , hereby makes this claim for refund of taxes, plus appropriate interest at ten percent (100) per annum, ("Claim") on behalf of Claimant pursuant to California Code of Civil Procedure Section 1268.440 and California Revenue & Taxation Code Sections 5081, 5096 and 5097 and requests that the Board of Supervisors make its Order directing the Auditor- Controller of the County of Contra Costa ("County") to cancel certain property taxes levied against Claimant for prior fiscal years as set forth below. In support of this Claim, the undersigned states: 1. Claimant is a duly organized public body in charge of redevelopment in the City of Pittsburg and is by law vested with authority to acquire property for such redevelopment purposes by virtue of Sections 33342 and 33391 of the Health & Safety Cede of the State of California. 2. f During past fiscal years; Claimant acquired by voluntary sale or7through eminent domain certain properties ( "subject parcels;') located in the City of Pittsburg for its Redevelopment Project. A list of the subject parcels is attached hereto as Exhibit "A". 3. Because Claimant is a governmental body, property acquired and owned by Claimant is exempt from property taxation under Article 13, Section 3 of the Constitution of the State of California. Revenue and Taxation Code Section 5081 . Claimant is further exempt from special levies and assessments while the publicly owned property is devoted to a public use. County of Santa Barbara v. City of Santa Barbara (1976) 59 Cal.App.3d 367 , 369 . Revenue and Taxation Code Section 5081. The use of the subject parcels for redevelopment purposes is a statutory public use as defined in Section 33037 of the California Health & Safety Code. See also Redevelopment Agency v. Del-Camp Invs . ( 1974) 38 Cal.App.3d 836. 4. Because of Claimant's exempt status, all ad valorem property taxes were canceled by the Auditor/Tax Collector of Contra Costa County on the subject parcels; however, all special (page 1 of 4 ) • levies assessed against the subject parcels were not canceled but were allowed to remain and accrue on the subject parcels against Claimant while said parcels were devoted to a public use. The following Assessment Districts levied special assessments against the subject parcels: a. Contra Costa Water District (Water Code Sections 31150, et. seq. ) ; b. Emergency Medical B Assessment District; c Riverview Fire Protection District (Health & Safety Code Sections 14875, et. seq. ) ; d. Delta Diablo Sanitation District (Health & Safety Code Sections 6400, et. seq. ) ; e. Landscaping and Lighting District (Pittsburg) ; f. Mosquito Abatement District; g. Federal Stormwater Fee; h. East Bay Trails; i. BART; j. Los Medanos Hospital; k. East Bay Regional Park. 5. Because of Claimant's exempt status, the assessments must be canceled in accordance with Section 4986 of the Revenue & Taxation Code which provides in pertinent part: " (a) All or any portion of any tax, penalty, or costs, heretofore or hereafter levied, shall, on satisfactory proof, be canceled by the auditor * * * if it was levied or charged: (2) Erroneously or illegally. (6) On property acquired by the United States, the state, or bV any county, city, school district or other public entity, to the extent provided in Article 5 (commencing with Section 5081 ) ." (Emphasis added) . In 1991, the legislature deleted the requirement that the cancellations by the Auditor be on order of the Board of Supervisors. Therefore, Claimant has provided satisfactory proof (page 2 of 4 ) that the assessments were erroneously levied upon exempt property and the County Auditor must cancel said assessments pursuant to Section 5086. 1 as follows: "The auditor shall cancel taxes on the date of apportionment provided in the notice required by Section 5082 .1 ." (Emphasis added. ) 6. Moreover, on June 29, 1995, Claimant paid under protest to the County Tax Collector the sum of $22 , 612 . 06, an amount which represented payment for the above special levies and assessment liens on the subject parcels. Attached hereto as Exhibit "B" is a true and correct copy of the payment under protest and receipt for said payment. 7. The amount paid by Claimant represents levies assessed against properties owned by Claimant which were devoted to a public use, i.e. , redevelopment. Therefore, under California law, Claimant is exempt from such taxation and should be refunded the amount of $22 , 612 . 06 pursuant to Code of Civil Procedure Section 1268.440 which provides in pertinent part: " (a) If taxes have been paid on property that is exempt property as defined in Section 5081 of the Revenue and Taxation Code, the amount of taxes that, if unpaid, would have been subject to cancellation under Article 5 (commencing with Section 5081 ) of Chapter 4 of Part 9 of Division 1 of the Revenue and Taxation Code shall be deemed to be erroneously collected and shall be refunded in the manner provided in Article 1 (commencing with Section 5096) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code to the person who paid the taxes." (Emphasis added) . The Eminent Domain law defines the word "shall" as "mandatory". Code of Civil Procedure Section 1235. 060. Moreover, Revenue & Taxation Code Section 5096 states that "any taxes paid before or after delinquency shall be refunded if they were: . . . (b) Erroneously or illegally collected." (Emphasis added) . 8. Claimant has made several previous requests to this Board for cancellation and/or refund of special levies/assessments for other properties acquired by Claimant. Attached as Exhibit "D" hereto is a copy of Claimant's previous requests as well as the responses Claimant received to its previous requests, both from this Board and the County Assessor to whom the matter was referred. 9. Claimant respectfully requests that this Board take the appropriate action under the law and direct the County Auditor to cancel the amounts assessed against Claimant for the special (page 3 of 4 ) • levies and order that a refund of the amount of $22 , 612 . 06 be made to the Claimant. I declare under penalty of perjury that the foregoing is true and correct. IN WITNESS WHEREOF I have executed this Claim on the �. day of July, 1995 at Pittsburg, California. MICHAEL WOODS �- Interim Executive Director Redevelopment Agency of the City of Pittsburg claim refund/95 (page 4 of 4) JUN-29-1995 17: 18 FROM CITY OF PITTSBURG MANAGER TO 914153483518 P.02 PARCEL 086-153-012-9 (89) Landscape & Lighting 69.24 Delta Diablo 93.20 Penolty 16.24 Cost 10.00 TOTAL $188.68 (90) Landscape & Lighting 57.88 Delta Diablo 105.60 Riverview Fire 15.00 Penalty 17.84 Cost 10.00 TOTAL $206.32 EXHIBIT A APN 073-111-021-9 Landscape & Light 38.89 Delta Diablo 47.97 Riverview 8.43 Penalty 9.52 Cost 10.00 TOTAL 114.81 APN 085-233-006-7 (88) Delta Diablo 85.40 Penalty 8.65 Cost 10.00 TOTAL 103.94 (89) Delta Diablo 93.20 Penalty 9.32 Cost 10.00 TOTAL 112.52- (90) 12.52(90) Delta Diablo 125.74 Penalty 12.56 Cost 10.00 TOTAL 148.30 APN 085-161-002-2 (88) Delta Diablo 85.40 Riverview Fire 7.50 Penalty 9.28 Cost 10.00 TOTAL 112.18 (89) Landscape & Lighting 69.24 Delta Diablo 93.20 Penalty 16.24 Cost 10.00 TOTAL 188.68 2 APN 085-161-005-5 Riverview Fire 30.00 Penalty 3.00 Cost 10.00 TOTAL 43.00 APN 085-161-006-3 (88) Delta Diablo 85.40 Penalty 8.54 Cost 10.00 TOTAL 103.94 (89) Delta Diablo 93.20 Penalty 9.32 Cost 10.00 TOTAL 112.52 (90) Delta Diablo 125.74 Penalty 12.56 Cost 10.00 TOTAL 148.30 APN 085-270-026-9 (88) Delta Diablo 170.80 Riverview Fire 60.00 Penalty 23.08 Cost 10.00 TOTAL 263.88 (89) Delta Diablo 10,714.40 Penalty 1,071 .44 Cost 10.00 TOTAL 11,795.84 3 (90) Delta Diablo 334.54 r Penalty 33.44 Cost 10.00 TOTAL 377.98 APN 085-144-020-6" Delta Diablo 122.66 Penalty 12.26 Cost 10.00 TOTAL 144.92 APN 085-145-009-8 v Delta Diablo 122.66 Penalty 12.26 Cost 10.00 TOTAL 144.92 APN 085-146-003-0' Delta Diablo 122.66 Penalty 12.26 Cost 10.00 TOTAL 144.92 APN 085-146-006-3� Delta Diablo 245.32 Penalty 24.52 Cost 10.00 TOTAL 279.84 APN 085-151-022-2 Delta Diablo 245.32 Penalty 24.52 Cost 10.00 TOTAL 279.84 4 APN 085-153-003-0- • Delta Diablo 61 .33 Penalty 6.13 Cost 10.00 TOTAL 77.46 APN 085-153-012-1 . Delta Diablo 122.66 Penalty 12.26 Cost 10.00 TOTAL 144.92 APN 085-155-009-5- Riverview Fire 358.36 Penalty 35.82 Cost 10.00 TOTAL 404.18 APN 085-155-015-2 J Delta Diablo 122.66 Penalty 12.26 Cost 10.00 TOTAL 144.92 APN 085-155-016-0 Delta Diablo 115.60 Penalty 11 .56 Cost 10.00 TOTAL 137.16 5 APN 085-156-006-0 Delta Diablo 320.56 Penalty 32.04 Cost 10.00 TOTAL 362.62 APN 085-155-014-5 Contra Costa Water .45 Mosquito Abatement 4.00 Emergency Med B 4.60 Eastbay Trails 5.44 Countywide Tax 41 .78 Los Medanos Hosp 1 .57 BART .99 East Bay Regional Park .27 Sub Total 59.10 Less Payment 29.55 Penalty 2.95 Cost 10.00 TOTAL 42.50 APN 085-162-005-4 / Contra Costa Water 2.42 Mosquito Abatement 4.00 FED Stormwater Fee 16.80 St Light & Land 308.72 Delta Diablo 41 .94 Sub Total 373.88 Less Payment 186.94 186.94 Penalty 18.69 Cost 10.00 TOTAL 215.63 6 APN 085-162-006-2 CC Water Levy 1 .06 Mosquito Abatement 4.00 Fed Stormwater 16.80 Delta Diablo 41 .94 Sub Total 63.80 Less Payment 31 .90 31 .90 Penalty 3.19 Cost 10.00 TOTAL 45.09 APN 085-162-007-0 Contra Costa Water 1 .08 Mosquito Abatement 4.00 Fed Stormwater Fee 23.36 St Light & Land 308.72 Delta .Diablo 160.72 Sub Total 497.88 Less Payment 248.94 248.94 Penalty 24.89 Cost 10.00 TOTAL 283.83 7 APN 085-162-008-8 CC,Water Levy 3.86 Mosquito Abatement 4.00 Emergency Med B 4.60 St Light & Land 251 .20 Eastbay Trails LLD 5.44 Sub Total 269.10 Less Payment 134.55 134.55 Penalty 13.45 Cost 10.00 TOTAL 158.00 APN 085-162-001-3 Delta Diablo 122.66 EBRP Trails 5.44 Sub Total 128.10 Penalty 12.80 Cost 10.00 TOTAL 150.90 APN 085-162-01.1-2 Delta Diablo 122.66 Penalty 12.26 Cost 10.00 TOTAL 144.92 APN 085-163-003-8 Delta Diablo 613.30 Penalty 61 .32 Cost 10.00 TOTAL 684.62 8 APN 085-163-004-6 Delta Diablo 481 .24 Penalty 48.12 Cost 10.00 TOTAL 539.36 APN 085-163-011-1 Delta Diablo 113.58 Penalty 11 .34 Cost 10.00 TOTAL 134.92 APN 085-166-004-3 County Tax 165.62 CC Water ..34 Mosquito Abatement 4.00 Emergency Med Zone B 27.66 Stormwater 20.34 Delta Diablo 40.74 EBRP Trails 5.44 Subtotal 264.14 Penalty 26.40 Cost 10.00 TOTAL 300.54 v APN 085-166-012-6 County Tax 886.77 CC Water 1 .11 Mosquito Abatement 4.00 Emergency Med Zone B 27.66 Stormwater 83.14 Delta Diablo 307.44 EBRP Trails 5.44 Subtotal 1,315.54 Penalty 131 .54 Cost 10.00 TOTAL 1 ,457.10 9 PTtTSBURG REDEVELOPMENT AGENCY PARCEL NO. 085-162-004-7 340 MARINA BLVD DEFAULT NO. 89-02334 PITTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 M OTICE OF IMPENDING TAX COLLECTDR'S POWER TO SELL TAX-DEFAULTED PROPERTY PURSUANT TO LAW, NOTICE IS HEREBY GIVEN THAT ON THE IST DAY OF JULYV 1995• AT THE HOUR OF 12:01 W.M. OF THAT DAY, THE UNDERSIGNED CONTRA " CDSTA COUNTY TAX COLLECTCR9 STATE OF CALTFORNTA SHALL HAVE THE POWER TO SELL . ANY PORTION OR ALL" OF THAT PROPERTY HEREINAFTER DESCRIBED* UNLESS IT IS SOONER REDEEMED OR AN INSTALL"ENT PLAN OF REDEMPTION INITIATED PRIOR TO 5_00 P.M. ON THE LAST BUSINESS DAY OF JUNE, 1495. IF THE PROPERTY BECOMES SUBJECT TO THE POWER TO SELL, UPON WHTCH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF 'OEFAULT, THE RIGHT OF REDEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS ON THE LAST BUSINESS DAY PRIOR Tn .THF DATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION WTLL• UPON REQUEST, BE FURNISHED HY 'ALFRED P. LOMELI* COUNTY TREASURER-TAX COLLECTRR, FTNANCE BUTLOING. ROOM100, MARTINEZ* CALIFORNIA 94553 TMPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED :AND IS SOLD AT A TAX SALE+ YOU MAY NAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA* AND DESCRIBED AS FOLLOWS: CITY OF PITTS LOT 13 BLK. 52 S P E C I A L N 0 T I C E TF YOU 00 NOT PAY THE AMOUNT DUE FOR TAXES• INTEREST• AND PENALTIES PRIOR TO 5:00 P.M._ r3M JUNE 30-P 1995v YOU .WILL LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY. FOR YOUR T_NFORMATION• WE SHOW BELOW THE AMOUNT NECESSARY TO REDEEM THE ABOVE OFSCRT BED PROPERTY ' IF PAID DURING. T-HE MONTH OF .JUNE• 1995: DELINQUENT TAXES AND ASSESSMENTS S 62.25 DELINQUENT PENALTIES 6.22 DELINOUENT COSTS 10.00 REQEMPTION PENALTIES ' 56.02 RECEMPTION FEE 15.00 RECORDING FEE .00 DEED FEE .00 *** TOTAL TO REDEEM *** 149.49 DATED THIS 30 DAY OF MAYr 1995. f ALFRED P LOMELI CONTRA :COSTA COUNTY ' TAX COLLECTOR STATE OF CALIFORNIA TELEPHONE (510) 646-4122 PITTS9URG REDEVELOPMENT AGENCY PARCEL NO. 085-162-012-0 340 MARINA BLVD DEFAULT NO. 89-02335 PITTSBURG £A 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTORS POWER TO SELL TAX-DEFAULTED PROPERTY PURSUANT TO LAW, NOTICE IS HERFBY GIVEN THAT ON THE IST DAY OF JULYv 1995, AT THE ' HOUR OF 12:01 A*M* OF THAT DAYS THE UNDERSIGNED CONTRA -COSTA COUNTY TAX COLLECTOR* STATE OF CALIFORNIA SHALL HAVE THE POWER TO SELL ANY PORTION OR ALL '!F THAT PROPERTY .HEREINAFTER DESCRIBED* UNLESS IT IS SOONER REDEEMED OR AN INSTALLMENT PLAN OF REDEMPTION INITIATED PRIOR TO 5:00 P.M. ON THE LAST BUSINESS DAY OF JUNE, 1995. IF THE PROPERTY BECOMES SUBJECT TO THE POWER -TO SELL, UPON WHICH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF "DEFAULT• THE RIGHT OF REDEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS ON -THE LAST BUSINESS DAY PRIOR TO THF DATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION WILL, UPON REQUEST* BE FURNISHED RY ' ALFRED P. LOMEL19 COUNTY TREASURER-TAX COLLECTORv FINANCE BUILDING* ROOM 10.0* MARTINEZ* CALIFORNIA 94553 IMPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT A TAX SALE* YOU MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY* STATE OF CAL IFORNTA* ,AND DESCRIBED AS FOLLOWS: CITY OF PITT'S LOT 7 RLK 52 S P E C I A L N 0 T I C E TF YOU DO NOT PAY THE AMOUNT DUE FOR TAXES• INTEREST• AND PENALTIES PRIOR TO 5:00 P.M. ON. Jt1NF 30, 1995* YOU WILL LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY. - FOR YOUR INFORMATION* WE SHOW BELOW THE AMOUNT NECESSARY TO REDEEM THE ABOVE DESCRIBED PROPERTY IF PAID DURING THE MONTH OF JUNE* 1995= DELINQUENT TAXES AND ASSESSMENTS $ 241.30 DELINQUENT PENALTIES 24.12 DELINQUENT COSTS 10.00 REDEMPTION PENALTIES 217.17 REDEMPTION FEE 15.00 RECORDING FEE .00 DEED FEE .00 *** TOTAL TO REDEEM*** 507.59 DATED THIS 30 DAY OF MAYS 1995. ALFRED `P. LOMELI CONTRA COSTA COUNTY TAX COLLECTOR STATE OF CALIFORNIA- TELEPHONE ' (510) 646-4122 �- PITTSBURG REDEVELOPMENT AGENCY PARCEL NO. 085=-162-013-8 340 MARINA BLVD DEFAULT NO. 89-02336 PITTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTOR'S POWER TO SELL TAX-DEFAULTED PROPERTY PURSUANT TO LAW, NOTICE IS HEREBY GIVEN THAT ON THE IST DAY OF JULYv 1995• AT THE HOUR OF 12:01 A*Mo OF THAT DAYv THE UNDERSIGNED CONTRA COSTA COUNTY TAX COLLECTORS STATE OF CALIFORNIA SHALL HAVE THE POWER TO SELL ANY PORTION -OR ALL OF THAT PROPERTY HEREINAFTER DESCRIBED, UNLESS IT IS SOONER REDEEMED OR AN TNSTALLMENT PLAN OF REDF. MPTTON INITIATED PRIOR TO 5:00 P.M. ON THE LAST BUSINESS DAY OF JUNE, 1995, IF THE PROPERTY BECOMES SUBJECT TO THE POWER TO SELL, UPON VHTCH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF DEFAULTV THE RIGHT OF REnEMPTTON WILL TERMINATE AT THE CLOSE OF BUSINESS ON THE LAST BUSINESS DAY PRIOR TO. THF DATE T14E SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION MILL• UPON REQUEST♦ BE. FURNISHED BY ALFRED P. LOMELI• COUNTY TREASURER=TAX COLLECTOR• FINANCE BUTLnINGv ROOM 100T MARTINEZ, CALIFORNIA 94553 IMPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT A TAX SALE• YOU MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT 'TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY, STATE OF CALIFORNTA• ANn DESCRIBED AS FOLLOWS: CITY OF PITTS LOT 8 BLK 52 S P E C I A L N 0 T I C E IF YOU DO NOT PAY THE AMOUNT DUE FOR TAXES* . INTERESTS AND PENALTIES PRIOR TO 5:00 P.M. ON JUNE . 30,v 19959 YOU WILL 'LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY. FOR YOUR INFORMtATION• WE SHOW BELOW THE AMOUNT -NECESSARY TO REDEEM THE ABOVE DESCRIBED PROPERTY IF PAID DURING THE MONTH OF JUNE• 1995: DELINQUENT TAXES AND ASSESSMENTS f 123.98 DELINQUENT PENALTIES 12.39 DELINQUENT COSTS 10.00 REDEMPTION PENALTIES 111.58 REDEMPTION FEE 15.00 RECORDING FEE .00 DEED FEE .00 ** TOTAL TO REDEEM 272.95 DATED THIS'30 DAY OF MAY1 1995s ' ALFRED P. LOMELI CONTRA COSTA COUNTY TAX COLLECTOR STATE OF "CALIFORNIA TELEPHONE (510) 646-4122 � Q (� 751 PTTTSBURG REDEVELOPMENT AGENCY PARCEL NO. 085-162-015-3 340 MARINA BLVD DEFAULT NO. 89-02337 PTTTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTOR'S POWER TO SELL TAX-DEFAULTED PROPERTY PURSUANT TO LAW, NOTICE IS HEREBY GIVEN THAT ON THE ISTDAY OF JULY• 19959 AT THE HOUP. OF 12:01 AoM* OF THAT DAY, THE UNDERSIGNED CONTRA` COSTA COUNTY TAX COLLECTOR* STATE OF CALIFORNIA SHALL "HAVE THE - POWER TO ' SELL "ANY °PORTION OR ALL- OF THAT PROPERTY HEREINAFTER OESCRIBEDv UNLESS IT IS SOONER REDEEMED OR AN INSTALLIMENT PLAN OF REOFMPTION INITIATED PRIOR TO 5:00 P.M. ON THE -LAST BUSINESS DAY OF JUNFt 1995s IF THE PROPERTY BECOMES SUBJECT TO THE POWER TO SELLI UPON WHICH .DATE FIVE OR MORE YEARS WILL -HAVE ELAPSED FROM THE DATEOF OEFAULTv THE RIGHT OF REnEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS -ON -THE LAST BUSINESS DAY PRIOR TO THE DATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION MILL* IIPON REQUEST, BE FURNISHED BY ALFRED P. LOMELI, COUNTY TREASURER—TAX COLLECTOR♦ FINANCE BUILDING• ROOM 100-P MARTINEZ9 CALIFORNIA 94553 IMPORTANT NOTE: TF THE PROPERTY IS NOT ' REDEEMED AND IS SOLD AT A TAX SALE• YOU MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS `ANO COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY, STATE nF CALIFORNIA. AND DESCRIBED AS FOLLOWS CITY OF PTTTS CENTRAL 33 FT OF LOT 9 BLK 52. S P E C I A L N 0 T I C E IF YOU DO NOT PAY THE AMOUNT DUE FOR TAXES, INTEREST, AND PENALTIES PRIOR TO 5:00 P.M. ON JUNE '30• 1995, YOU. WILL LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY. FOR YOUR INFORMATION• WE SHOW BELOW THE AMOUNT NECESSARY --TO REDEEM THE ABOVE DESCRIBED PROPERTY IF PAID DURING THE MONTH OF JUNE* . 1995: DELINQUENT TAXES AND ASSESSMENTS S 123o98 DELINQUENT PENALTIES 12.39 DELINQUENT COSTS 10.00 REDEMPTION PENALTIES 111.58 REDEMPTION -FEE 15.00 RECORDING FEE .00 DEED FEE .00 *** TOTAL ' TO REDEEM *** 272095 DATED THIS 30 !DAY OF MAY• 1995. ALFRED P. LOMELI CONTRA COSTA COUNTY TAX COLLECTOR STATE OF CALIFORNIA TELEPHONE (510) 646-4122 7 4 -7 `J or(c 51 PITTSBURG REDEVELOPMENT AGENCY PARCEL NO. 085-162-016-1 340 MARINA BLVD DEFAULT NO. 89-02338 PITTSBURG CA .94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTOR'S POWER TO SELL TAX—DEFAULTED PROPERTY P+JRSUANT 'TO LAT NOTICE IS HEREBY GIVEN THAT ON THE IST DAY OF JULYS 19959 AT THE HOUR ' OF 12:01 A.M. OF THAT DAY, THE UNDERSIGNED 'CONTRA COSTA COUNTY TAX COLL.ECTOR., STATE OF CALIFORNIA SHALL -HAVE THE POWER TO SELL ' ANY PORTION OR ALL OF THAT PROPERTY HEREINAFTER DESCRIBED. UNLESS IT IS SOONER REDEEMED OR AN INSTALLMENT PLAN OF REDE MPTTON INITIATED PRIOR TO 5:00 'P.M: ON THE LAST BUSINESS DAY OF JUNE. 1995. IF THE PROPERTY BECOMES SUBJECT TO THE POWER TO SELLT UP04. WHICH DATE FIVE. OR MORE YEARS WILL 'HAVE ELAPSED FROM THE DATE OF DEFAULT THE RIGHT OF REDEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS ON THE LAST BUSINESS CLAY PRIOR TO THE DATE THE SALE BEGINS. ALL INFORMATION CONCERNING' REDEMPTION WILL, UPON REQUEST• BE FURNISHED `BY ALFRED P. LOMELI, COUNTY TREASURER—TAX COLLECTOR-P FINANCE BUILDING, ROOM 1009 MARTINEZ9 CALIFORNIA ' 94553 IMPORTANT NOTE= IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT A TAX SALE• YOU '.MAY !-LAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY9 STATE OF CALIFORNIA• AND DESCRIBED AS FOLLOWS= CITY OF PITTS N 44 FT OF LOT 9 BLK 52 S P E C I A -L N 0 T I C E IF YOU DO NOT PAY THE AMOUNT DUE FOR ' TAXES, INTEREST, AND PENALTIES PRIOR TO 5_00 P.Mo,ON JUNE 309 1995,v YOU MILL LOSE A VALUABLE RIGHT YOU. NOW HAVE IN THIS PROPERTY. FOR YOUR INFORMATION• WE SHOW BELOW THE AMOUNT -NECESSARY TO REDEEM 'THE ABOVE DESCRIBED PROPERTY IF PAID DURING THE MONTH OF, JUNE• 1995= DELINOUENT TAXES AND ASSESSMENTS f 123.98 DELINQUENT PENALTIES 12.39 DELINQUENT 'COSTS 10.00 REDEMPTION PENALTIES 111.58 REDEMPTION FEE 15.00 RECORDING FEE .00 DEEO FEE .00 *** TOTAL 'TO REDEEM *** 272.95 DATED THIS -30 DAY OF MAYS 1995s ALFRED P. .LOMEL I CONTRA -COSTA COUNTY TAX 'COLLECTOR STATE OF CALIFORNIA TELEPHONE (510) 646-4122 `7Ltorlc5f PITTSBURG REDEVELOPMENT AGENCY PARCEL NO. 085-204-002-1 65 CIVIC AVE DEFAULT NO. 89-02189 PITTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECT3R'S POWER TO SELL TAX-DEFAULTED PROPERTY PURSUANT TO LAW* NOTICE IS HEREBY GIVEN THAT ON THE IST DAY OF JULY* 1995• AT THE HOUR OF 1?-.01 A.M. OF THAT DA Y9 THE UNDERSIGNED 'CONTRA 'COSTA COUNTY TAX COLLECTOR* STATE OF CALIFORNIA S HALL 'HAVE THE -POWER TO SELL ANY PORTION OR ALL OF THAT PROPERTY HEREINAFTER DESCRIBED* UNLESS ITIS SOONER REDEEMED OR AN TNSTALLMENT 'PLAN OF RFDE MPTION INITIATED PRIOR TO 5:00 P.M. ON THE LAST BUSINESS DAY OF JUNE* 1995. IF THE PROPERTY BECOMES SUBJECT TO THE POWER TO SELLS UPON WHICH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF -OEFAULT THE RIGHT .OF REDEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS ON THE LAST AUSINESS DAY PRIOR TO THE DATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION WTLL. UPON REQUEST* BE FURNISHED BY ALFREO P. LUMELI4 COUNTY -TREASURER-TAX COLLECTOR* FINANCE BUILDING* ROOM 100* MARTINEZ* CALIFORNIA 94553 IMPORTANT NOTE-. ' TF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT A . TAX SALE* YOU ' MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY* STATE 3F CALIFORNIA* AND DESCRIBED AS FOLL OWS CTTY OF PTTTS POR LOTS 9 & •10 .BLK 82 SPEC I A L N O TI C E IF YOU DO NOT PAY THE AMOUNT DUE FOR TAXES* INTEREST* AND PENALTIES PRIOR TO 5:00 P.M. ON JUNE 30* 1995* YOU WILL `LO SE A VALUABLE RIGHT YOU NOW HAVE IN . THIS PROPERTY. FOR YOUR INFORMATION. WE SHOW BELOW THE AMOUNT NECESSARY TO' REDEEM THE ABOVE O FSCRIBEO PROPERTY IF PAID DURING THE MONTH OF JUNE• 1995: DELINQUENT TAXES ANO ASSESSMENTS E 875.80 DELINQUENT PENALTIES ' 87.58 DELINQUENT "COSTS 20.00 REOEMPTIOM 1 PENALTIES 697.68 REDEMPTION FEE 15.00 RECORDING FEE .00 nEEO FEE .00 *** TOTAL TO REDEEM *** 1*696.06 DATED THIS 30 DAY OF MAYS 1995. ALFRED P. LOMELI CONTRA :COSTA COUNTY TAX COLLECTOR STATE OF CALIFORNIA TELEPHONE (510) 646-4122 10-73 Railroad Aoe. PITTSBURG REDEVELOPMENT AGENCY PARCEL NO. 073-010-002-1 65 CIVIC OR DEFAULT N0. 89-02145 PITTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTOR'S POWER TO SELL TAX—DEFAULTEDPROPERTY PURSUANT TO L.AWv NOTICE IS HEREBY GIVEN THAT ON THE IST DAY OF JULY• 1995• AT THE HOUR OF 12:01 A.M. OF THAT DAYS THE UNDERSIGNED CONTRA COSTA COUNTY TAX COLLECTOR-9 STATE OF CALI FORMI A S HALL 'HAVE THE P13WER TO SELL -ANY PORTION OR ALL OF THAT PROPERTY HEREINAFTER DESCRIBED, UNLESS IT IS SOONER REDEEMED OR ' AN INSTALLMENT PLAN OF REDEMPTION INITIATED PRIOR TO 5:00 P.M- ON THE LAST BUSINESS DAY OF JUNE* 1995. IF THE PP,OPERTY ` BFCOMES SUBJECT TO THE POWER TO SELLT UPON WHICH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF DEFAULT• THE RIGHT OF REDF'RPTION WILL TERMINATE AT THE CLOSE OF BUSINESS ON THE LAST BUSINESS nAY PRIOR TO THE DATE THE SALE BEGINS* ALL INFORMATION CONCERNING REDEMPTION WILL+ UPON REQUEST* BF FURNISHED BY ALFRED P. LOMELI• COUNTY TREASURER—TAX COLLECTOR* FINANCE BUILDING* ROOM 100• MARTINEZ* CALIFORNIA - 94553 IMPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT A -TAX SALE* Y9J " MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO 'BE SATISFIED FROM THE PROCEEDS* THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY* STATE OF CAL IFORNT A* AND OESCR 14ED AS FOLLOWS: POR RO LOS MEDANOS S P E C I A L N O T I C E - IF YOU DO NOT PAY THE AMOUNT DUE FOR TAXES• INTEREST• AND PENALTIES PRIOR TO 5:00 P.Pi- ON JUNE 30* 1995* YOU WILL LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY. FOR YOUR INFORMATION* WE SHOW BELOW 'THE AMOUNT NECESSARY 'TO REDEEM THE ABOVE DESCRIBED PROPERTY IF PAID DURING THE MONTH OF JUNE, 1995: DELINQUENT TAXES AND ASSESSMENTS S 245.04 DELINQUENT PENALTIES 24-50 DELINQUENT COSTS 20.00 REDEMPTION PENALTIES 193.20 REDEMPTION FEF 15.00 RECORDING FEE 000 DEED FEE .00 TOTAL "TO REDEEM *** 497.74 DATED THIS 30 DAY OF MAYI 1995- ALFRED -Po LOMELI CONTRA`COSTA COUNTY 'TAX COLLECTOR STATE OF CALIFORNIA - TELEPHONE (510) 646-4122 4q s 3 r A St PITTSBURG REDEVELOPMENT AGENCY PARCEL NO. 085-146-001-4 340 MARINA _BLVO DEFAULT NO. 89-02320 PITTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTOR' S POWER TO SELL TAX-DEFAULTED- PROPERTY PURSUANT TO LAW, NOTICE IS HEREBY GIVEN THAT ON THE IST DAY OF JULYS 19951 AT THE HOUR OF 12:01 A.M. OF THAT DAY• THE UNDERSIGNED CONTRA COSTA COUNTY TAX COLLEC TOR• STATE OF CALIFORNIA SHALL HAVE ' THE POWER TO SELL .ANY PORTION OR ALL OF THAT PROPERTY HFRETNAFTER DESCRTSEN UNLESS IT IS SOONER REDEEMED OR AN TNSTALLi�ENT PLAN OF REDEMPTION INITIATED PRIOR TO '5:00 P.M. ON THE LAST BUSINESS DAY OF JUNF, 1995. IF THE PROPERTY BECOMES SUBJECT TO THE POWER TO SELL* UP114 WHICH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF DEFAULT; THE RIGHT 'OF REDEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS ON. THE LAST BUSINESS .DAY PRIOR TO THE DATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION WILLS UPON REQUFSTv BE FURNISHED BY"ALFRED P. LOMELI. COUNTY TREASURER-TAX COLLECTOR• FTNANCF BUTLDING, ROOM 1001 MARTINEZ- CALIFORNIA 94553 TMPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD' AT A TAX SALES YOU MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED .FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA :COSTA COUNTY, STATE OF CAL IFORNT Av AND DESCRIBED AS FOLLOWS-- CITY OLLOHS:CITY OF PITTS LOT 11 BLK 56 S P E C I A L N 0 T I C E IF YOU OO NOT PAY THE AMOUNT DUE FOR TAXES* INTEREST• AND PENALTIES PRIOR TO 5:00 P.M. ON ,JUNE .309 1995.. YOU .WILL LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY. FOR YOUR INFORMATIONS WE SHOW BELOW THE AMOUNT NECESSARY TO REDEEM THE ABOVE OESCRI BED PROPERTY IF PAID DURING THE MONTH OF JUNE, 1995: DELINQUENT ' TAXES AND ASSESSMENTS f 407.21 DELINQUENT PENALTIES 40.72 DELINQUENT COSTS 20.00 REDEMPTTON PENALTIES 305.82 REDEMPTION FEE 15.00 RECORDING FEE .00 DEED FEE .00 *** TOTAL 'TO REDEEM *** 788.75 DATED THIS 30 DAY OF HAYS 199% ALFRED P. LOMELI CONTRA COSTA COUNTY "TAX COLLECTOR STATE OF CALIFORNIA TELEPHONE (510) 646-4122 g 2 5 M d rx+-e 3 u vy\a- S�' PITTSBURG REDEVELOPMENT AGENCY PARCEL NO. 085-146-002-2 340 MARINA BLVD DEFAULT NO. 89-02321 PITTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTOR'S POWER TO SELL TAX—DEFAULTED PROPERTY PURSUANT In LAW• NOTICE IS HEREBY GIVEN THAT ON THE IST DAY OF JULYS 19959 AT THE HOUR OF 12:01 A.M. OF THAT DAY* THE UNDERSIGNED CONTRA COSTA COUNTY TAX COLLECTOR, STATE OF CALIFORNIA SHALL HAVE THE POWER TO SELL ANY `PORTION OR . ALL ' OF THATPROPERTY PROPERTY HEREINAFTER DESCRIBED, UNLESS IT IS SOONER REDEEMED OR AN INSTALLMENT PLAN OF REDEMPTION INITIATED PRIOR TO 5:00 P.M. ON THE LAST BUSINESS DAY OF JUS, 1995. IF THE. PROPERTY BECOMES SUBJECT `TO THE POWER TO SELL, UPON WHICH DATE FIVF OR MORE YEARS WILL HAVE (LAPSED FROM THE DATE OF DEFAULT-9 THE RIGHT nF REDEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS ON THE LAST BUSINESS OAY. PRIOR TO THE DATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION 'WILLI UPCN REOUEST9 BE FURNISHED BY ALFRED P. LOMELIs COUNTY TREASURER—TAX COLLECTOR, FINANCE 1311ILnING9 ROOM 100. MARTINEZ, CALIFORNIA 94553 IMPORTANT 140TE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT A TAX SALE. YOU MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND CO STS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA, AND nESCRIBED AS FOLLOWS: CITY OF PITTS LOT 12 BLK 56 S P E C I A "L N 0 T T C E TF YOU DO NOT PAY ' THE AMOUNT DUE FOR TAXES, INTEREST, AND PENALTIES PRIOR TO 5:00 .P.!*. ON JUNE 309 1995, YOU WTLL 'LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS"PROPERTY. FOR YOUR INFORMATTONi WE SHOW BELOW THE AMOUNT NECESSARY TO REDEEM THE ABOVE DESCRIBED PROPERTY IF PAID DURING THE MONTH OF JUNE-P 1995: DELINQUENT TAXES AND ASSESSMENTS S 220.37 DELINQUENT PENALTIES 22.03 DELINQUENT COSTS 20.00 REDEMPTION PENALTIES 164.43 REDEMPTION FEE 15.00 RECORDING FEE .00 DEED FEE .0+0 TOTAL TO REDEEM *** 441083 DATED THIS 30 DAY OF MAYv 19950 ALFRED P. LOMELI CONTRA -COSTA COUNTY TAX COLLECTOR STATE OF CALIFORNIA .. TELEPHONE (510) 646-4122 3 � S w St- P'ITTSBURG REDEVELOPMENT: AGENCY PARCEL NO. 085-153-010-5 340 MARINA BLVD DEFAULT NO. 89-02324 PITTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTORS POWER TO SELL TAX-DEFAULTED PROPERTY PURSUANT TO LAWS NOTICE IS HEREBY GIVEN THAT ON THE IST DAY OF JULY♦ 19959 AT THE HOUR OF 12:01 A.M. OF THAT DAY* THE UNDERSIGNED -CONTRA COSTA COUNTY TAX COLLECTOR• STATE OF CALIFORNIA SMALL - HAVE THE POWER TO SELL 'ANY PORTION -OR ALL " OF THAT PROPERTY HEREINAFTER nESCRIBED9 UNLESS IT IS SOONER REDEEMED OR AN INSTALLMENT PLAN OF REOEMPTION 'INITIATED PRIOR TO 5:00 P.M. ON THE -LAST ' BUSINESS DAY OF JUNE, 1995. IF THE PROPFRTY BECOMES SUBJECT TO ' THE POWER TO SELLIP UPON, WHTCH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF DEFAULT, THE RIGHT OF REDEMPTION WILL TF..RMINATE AT THE CLOSE OF BUSINESS ON THE LAST BUSINESS 'JAY PRIOR TO THE DATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION WILLv UPON REQUESTS BE FURNISHED BY ALFRED P. LOMEL19 COUNTY TREASURER-TAX COLLECTOR• FINANCE BUTLDTNG* ROOM 1009 MARTINEZ9 CALIFORNIA 94553 IMPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT. A TAX SALES YOU MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY- SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY9 STATE OF CAL IFORNT A. AND nESCR IBED AS FOLLOWS: CITY OF PITTS LOT 6 SLK 57 S P E C I A L N O T I C E IF YOU' DO NOT PAY THE AMOUNT DUE FOR TAXESp INTEREST• AND PENALTIES PRIOR. TO 5:00 . P.M. .M.' JUNE 309 19959 YOU WILL LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY. FOR YOUR INFORMATION, WE SHOW BELOW THE AMOUNT NECESSARY TO REDEEM THE ABOVE DESCRIBED PROPERTY TF PAID DURING THE MONTH OF JUNEv 1995_ DELINQUENT TAXES AND 'ASSESSMENTS S 223.75 DELINQUENT PENALTIES 22.36 DELINQUENT'COSTS 20.00 REDEMPTION PENALTIES 167.48 REDEMPTION FEE 15.00 RECORDING FEE .00 DEED FEE .00 *** TOTAL `TO REDEEM '*** 448.59 P.ATED THIS 30 DAY OF 'MAY-P 19950 ALFRED P. LOMEL I CONTRA COSTA COUNTY TAX COLLECTOR STATE OF CALIFORNIA TELEPHONE (510) 646-4I22 CITY MANAGER " 1995 PITTSBURG REDEVELOPMENT AGENCY PARCEL N0. 085-153-011-3r�ECEIVEQ 340 MARINA 8Lvn DEFAULT NO. 89=02325 PTTTSOURG CA 94.565 DEFAULTED IN THE YEAR 1990 NOTICE CF TMPENOTNG TAX COLLECTOR*S POWER. TO SELL TAX-DEFAULTED PROPERTY PURSUANT TO LAW* NOTICE IS HEREllY GIVEN THAT ON THE IST DAY OF JULY, 19951P AT THE HOUR OF 12:01 A.!!. OF THAT DAY* THE UNDERSIGNED CONTRA COSTA COUNTY TAX COLLECTOR* STATE OF CALIFORNIA SHALL HAVE THE POWER TO SELL `ANY PORTION OR ALL . OF THAT PROPERTY HERETNA FTER DESCRIAED* UNLESS IT IS SOONER REDEEMED OR AN INSTALLMENT PLAN OF REDEMPTION INITIATED PRIOR TO 5_00 P.M. ON THE LAST - BUSINESS JAY OF JUNE,' 1995. IF THE PROPERTY BECOMES SUBJECT TO THE POWER TO SELLS UPON WHICH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF DEFAULT THE RIGHT OF REDEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS"-ON THE LAST AUSINESS DAY PRIOR TO THE DATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION WILL* UPCN REQUEST* BE FURNISHED BY ALFRED P. LOMELI� COUNTY TREASURER-TAX COLLECTOR• FINANCE BUILDING• ROOM 100• MARTTNEZ* CALIFORNIA 94553 THPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT A TAX SALE* YOU MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY* STATE OF CALIFORNIA• AND DESCRIBED AS FOLLOWS: CITY OF PITTS LOT 7 8LK 57 S P E C I A L N 0 T I C E TF YOU CC NOT PAY THE AMOUNT DUE FOR TAXES, INTEREST* AND PENALTIES PRIOR TO 5:00 P.P.-ON JUNE 30* 1995• YOU WILL LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY. Ft?R YOUR INFORMATION, WE SHOW BELOW THE AMOUNT NECESSARY TO REDEEM THE ABOVE nE SCRT OED PROPERTY IF PAID DURING THE MONTH OF JUNE* 1995: DELINQUENT TAXES AND ASSESSMENTS f 100.19 DELINQUENT PENALTIES 10.01 DELINQUENT " COSTS 10.00 REDEMPTTON PENALTIES 90.17 REDEMPT TON FEF 15.00 RECCRDING FEE .00 DEED FEE .00 *** TOTAL TO REDEEM *** 225.37 DATED THIS 30 DAY OF MAYv 1995. ALFRED P. LOMELI CONTRA 'COSTA COUNTY TAX COLLECTOR - STATE OF CALIFORNIA ' TELEPHONE (510) 646-4122 �3 � w � t� s �- PTTTSBURG REDEVELOPMENT AGENCY PARCEL NO* 085-154-002-1 340 MARINA BLVD DEFAULT NO* 89-02326 PTTTSBURG CA - 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTOR+S POWER TO SELL 'TAX—DEFAULTED PROPERTY PURSUANT TO LAW* NOTICE IS HEREBY GIVEN THAT ON THE IST DAY OF JULY• 19959 AT THE HOUR OF 12:01 A*M* OF THAT 'DAY* THE UNDERSIGNED CONTRA 'COSTA COUNTY TAX COLLECTOR, STATE OF CALIFORNIA SHALL HAVE THE POWER TO SELL �ANY PORTION OR Au_ ' OF THAT PROPERTY HERETNAFTER DESCRIBED* UNLESS- IT IS SOONER REDEEMED OR AN TNSTALLMENT PLAN OF REDEMPTION INITIATED PRIOR .TO 5:00 P*M. ON THE LAST BUSINESS DAY OF JUNE, 1995. IF THE PROPERTY BECOMES SUBJECT `TO THE POWER TO SELLi UPON WHICH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF DEFAULTS THE RIGHT OF REDEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS 'ON THE LAST BUSINESS DAY PRIOR TO THE LATE THE SALE BEGINS* ALL INFORMATION CONCERNING REDEMPTION - 'IILL, UPON REQUEST, BE FURNISHED BY ALFRED P. LOMELI9 COUNTY TREASURER—TAX COLLECTOR* FINANCE 'BUILDING* ROOM 100* MARTINEZ• CALIFORNIA 94553 IMPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT A TAX SALE* YOU MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY* STATE OF CALIFORNIAN AND nESCR IBED AS FOLLOWS: CITY OF PITTS LOT 5 BLK 58 S P E C I A L ` N 0 T I C E IF YOU 00 NOT PAY THE AMOUNT DUE FOR TAXES• INTEREST, AND PENALTIES PRIOR TO 5=00 P*N* ON JUNE 300 1995* YOU WILL LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY FOR YOUR INFORMATION* WE SHOW BELOW THE AMOUNT NECESSARY TO 'REDEEM THE ABOVE DESCRIBED PROPERTY IF PAID DURING THE MONTH OF JUNE* 1995: DELINQUENT TAXES AND ASSESSMENTS f 401.06 DELINQUENT PENALTIES 40.10 DELINQUENT COSTS 20.00 ` RE DEMPT T13H -PENALT IE S 300*29 REDEMPTION FEE 15*00 RECORDING FEE *00 DEED FEE *00 TO REDEEM *** 776*45 DATED THIS 30 DAY OF MAY v 1995. ALFRED P* LOMELI CONTRA COSTA COUNTY 'TAX COLLECTOR STATE OF CALIFORNIA TELEPHONE (510) 646-4122 It6 w e -�� Sf PITTS13URG REDEVELOPMENT AGENCY PARCEL NO. 085-155-0.17-8 340 MARINA BLVD DEFAULT N04 89-02326 PITTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTORS POWER " TO SELL TAX—DEFAULTED PROPERTY PURSUANT TO LAW-9 NOTICE IS HEREBY GIVEN THAT ON THE IST DAY OF JULYS 1995, . AT THE HOUR OF 12:01 A.M. OF THAT DAY• THE UNDERSIGNED CONTRA COSTA COUNTY TAX COLLEC TOR• STATE OF CALIFORNIA SHALL HAVE THE POWER TO SELL ANY PORTION OR ALL OF THAT PROPERTY HEREINAFTER DESCRIBED• UNLESS IT IS SOONER REDEEMED OR AN TNSTALLMR4T PLAN OF REDEMPTION INITIATED PRIOR TO 5:00 'P.M. ON THE LAST BUSINESS DAY OF JUNE* 1995. IF THE PROPERTY BECOMES SUBJECT TO THE POWER TO SELL• UPON WHTCH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE GATE OF DEFAULT, THE RIGHT OF REDEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS ON THE LAST BUSINESS _ RAY PRIOR TO THE DATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION WILL9* UPON REQUEST, BE FURNISHED BY ALFRED P. LOMELI, COUNTY TREASURER—TAX COLLECTORS 'FINANCE BUILDINGS ROOM 100• MARTINEZ• CALIFORNIA 94553 TMPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT .A TAX SALEp YOU - MAY 'HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE - PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY• STATE OF CAL T FORM Av AND DESCRIBED AS FOLLOWS CITY OF PITTSBUR.G POR LOT 1 BLK 53 S. P E C I A L N 0 T C E IF YOU DO NOT PAY THE AMOUNT DUE FOR TAXES9 INTEREST• AND PENALTIES PRIOR TO 5:00 P.M. ON .TUNE 30-P 1995, YOU WTLL 'LOSE A VALUABLE RIGHT 'YOU NOW HAVE IN THIS PROPERTY. FOR YOUR INFORMATION• WE SHOW BELOW THE AMOUNT NECESSARY 'TO REDEEM THE ABOVE DESCRIBED PROPERTY IF PAID DURING THE MONTH OF JUNE. 1995: DELINQUENT TAXES AND ASSESSMENTS f 401.06 DELINQUENT PENALTIES 40.10 DEL INQUENT`'COSTS 20.00 REDEMPTION PENALTIES 300.29 REDEMPTION FEE 15.00 RECORDING FEE .00 DEED FEE .00 *#* TOTAL TO REDEEM ##* 776.45 DATED THIS 30 DAY OF MAY'. 1995. ALFRED-*Pe LOMELI CONTRA 'COSTA COUNTY TAX COLLECTOR STATE OF-. CALIFORNIA- TELEPHONE F CALIFORNIATELEPHONE (510) 646-4122 7 00 PITTSSURG REDFVELOPMENT AGENCY PARCEL NO. 085-162-002-1 340 MARINA BLVD DEFAULT NO. 89-02332 PITTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTOR`S POWER TO SELL TAX—OEFAULTEO PROPERTY PURSUANT TO LAW, NOTICE IS HERESY GIVEN THAT ON THE IST DAY OF JULY,# 1995, AT THE HOUR OF 12:0.1 A dM• OF THAT DAY, THE UNDERSIGNED CONTRA 'COSTA COUNTY TAX COLLECTOR, STATE OF CALIFORNIA SMALL HAVE THE POWER TO SELL 'ANY PORTION OR ALL OF THAT - PROPERTY HEREINAFTER DESCRIBED, UNLESS IT IS SOONER REDEEMED OR AN INSTALLMENT PLAN OF REDEMPTION INITIATED PRIOR TO 5_00 P.M. ON THE LAST BUSINESS DAY OF JUNE, 1995. IF THE PROPERTY BECOMES SUBJECT TO THE POWER TO SELLv' UPON WHICH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF 'DEFAULTv THE RIGHT OF REnEMPTION WILL : TERMINATE AT THE : CLOSE OF BUSINESS ON -THE:LAST BUSINESS nAY PRIOR-TO -THE GATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION WILL, UPON REQUESTv RE FURNISHED BY ALFRED .P. LOMFLI, COUNTY TREASURER-TAX COLLECTOR, FINANCE BUTLn ING, ROOM 100, MARTINEZ, CALIFORNIA ' 94553 - IMPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT A TAX SALE, YOU MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTYr STATE OF CALIFORNIA, ANY) DESCRIBED AS FOLLOWS: CITY OF PITTS 'LOT 11 BLK 52 S P E C I A L N 0 T I C E TF YOU DO NOT PAY THE AMOUNT DUE FOR TAXES, INTEREST, AND PENALTIES PRIOR TO ,S:00 P.P. ON JUNE 309 1995, YOU WILL LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY. FOR YOUR INFORMATION. WE SHOW BELOW THE AMOUNT NECESSARY TO REDEEM THE ABOVE nFSCRIBED PROPERTY IF PAID DURING THE MONTH OF JUNE, 1995: OELINAUENT TAXES AND ASSESSMENTS S 175.03 DELINQUENT PENALTIES 17.50 DELINOUENT 'COSTS 10.00 REDEMPTION PENALTIES 157.52 REDEMPTION FEE 15.00 RECORnTNG FEE .00 DEED FEE .00 *** TOTAL TO REDEEM #* 375005 DATED THIS 30 DAY OF MAY♦ 1995. ALFRED P ' LOMELI CONTRA COSTA COUNTY TAX COLLECTOR STATE OF CALIFORNIA TELEPHONE (510) 646-4122 � Sw � taSt' PITTSBURG REDEVELOPMENT AGENCY PARCEL 'NO. 085-162-003-9 340 MARINA BLVD DEFAULT N0. 89-02333 PITTSBURG CA 94565 DEFAULTED IN THE YEAR 1990 NOTICE OF IMPENDING TAX COLLECTORS POWER TO SELL TAX-DEFAULTED PROPERTY PURSUANT TO LAW• NOTICE IS HEREBY GIVEN 1.THAT ON THE IST DAY OF JULY* 1995* AT THE HOUR "OF 12=01 A.M. OF THAT DAY• THE UNDERSIGNED CONTRA COSTA COUNTY TAX COLLECTOR, STATE OF CALIFORNIA SHALL ' HAVE THE POWER TO SELL ANY PORTION OR ALL' OF THAT PROPERTY HERFINAFTER DESCRIBED. UNLESS' IT IS -SOONER -REDEEMED OR AN INSTALLMENT PLAN OF REDEMPTION INITTATED PRIOR TO 5:00 P.M. ON THE LAST BUSINESS DAY OF JUNE, 1995. IF THE PROPERTY BECOMES SUBJECT TO THE POWER TO SELLS UPON! WHICH DATE FIVE OR MORE YEARS WILL HAVE ELAPSED FROM THE DATE OF DEFAULT* THE RIGHT OF REDEMPTION BILL TERMINATE AT THE CLOSE OF BUSINESS ON THE LAST BUSINESS DAY PRIOR TMJ THE DATE THE SALE BEGINS. ALL INFORMATION CONCERNING REDEMPTION MILL* UPON REQUEST, BE FURNISHED BY ALFRED P. LOMEL19 COUNTY TREASURER-TAX COLLECTOR* FINANCE BUILDING* ROOM 100* MARTINEZ* CALIFORNIA 94553 IMPORTANT NOTE: IF THE PROPERTY IS NOT REDEEMED AND IS SOLD AT A TAX SALE• YOU MAY HAVE THE RIGHT TO CLAIM PROCEEDS OF THE SALE WHICH ARE IN EXCESS OF THE LIENS AND COSTS TO BE SATISFIED FROM THE PROCEEDS. THE PROPERTY SUBJECT TO THIS NOTICE IS SITUATED IN CONTRA COSTA COUNTY* STATE OF CALIFORNIA, AND DESCRI'PED AS FOLLOWS= CITY OF PITTS LOT 12 BLK 52 - S P E C I A N O T I C E IF YOU DO NOT PAY THE AMOUNT DUE FOR TAXES* INTEREST, AND PENALTIES PRIOR TO 5:00 P.M. ON JUNE' 309 1995, YOU 'WILL LOSE A VALUABLE RIGHT YOU NOW HAVE IN THIS PROPERTY. FOR YOUR INFORMATION* WE SHOW BELOW THE AMOUNT NECESSARY TO REDEEM THE ABOVE DESCRIBED PROPERTY IF PAID DURING THE MONTH OF JUNE* 1995: DELINQUENT TAXES AND ASSESSMENTS f 1*354.19 DELINQUENT PENALTIES 135.41 - DELINQUENT COSTS 20.00 REDEMPTION PENALTIES 19104.71 REDEMPTION FEE 15.00 RECORDING FEE .00 DEED FEE .00 . *#* TOTAL TO REDEEM **# 2*629.31 DATED THIS 30 DAY OF MAY* 1995. ALFRED '..P. LOMEL I CONTRA -COSTA COUNTY TAX COLLECTOR STATE OF `CALIFORNIA . TELEPHONE (510) 646=4122 JUL-07-1995 13:4G FROM CITY OF PITTSBURG MANAGER TO 914153483518 P.02 Received from City of Pittsburg $23,296.75 in payment of delinquent and/or defaulted taxes on properties acquired and owned by the City of Pittsburg Redevelopment Agency. Payment received is subject to the approval of Joseph L. Martinez, Tax Collections Manager. f3o (date) (signed) EXHIBIT B CLAIM FOR RF=' ND OF TAXES - �n RECEIVE ,A! 2 01993 TO: Board of Supervisors County of. Contra Costa 651 Pine Street, Room 106 CLERK BOARD OF SUPERv CONTRA COSTA Martinez, CA 94553 The undersigned, as Executive Director of the Redevelopment Agency of the City of Pittsburg, a public body, corporate and politic, ("Claimant") , hereby makes this claim for refund of taxes, plus appropriate interest at ten percent (10%) per annum, ("Claim") on behalf of Claimant pursuant to California Code of Civil Procedure Section 1268 . 440 and California Revenue & Taxation Code Sections 5081, 5096 and 5097 and recuests that .the Board of Supervisors make its Order directing the Auditor-Controller of the County of Contra Costa ("County") to refund to Claimant certain property taxes levied and collected from Claimant for prior fiscal years as set forth below. In support of this Claim, the undersigned states : 1 . Claimant is..a duly organized public body in charge of redevelopment in the City of Pittsburg and is by law vested with authority to acquire property for such redevelopment purposes by virtue of Sections 33342 and 33391 of the Health & Safety Code of the State of California. 2 . During the fiscal years 1980 to 1991, Claimant acquired by voluntary sale or through eminent domain certain properties ("subject parcels") located in the City of Pittsburg for its Redevelopment Project . A list of the subject, parcels is attached hereto as Exhibit "A" . 3 . Because Claimant is a governmental body, property acquired and owned by Claimant is exempt from property taxation under Article 13, Section 3 of the Constitution of the State of California. Revenue and Taxation Code Section 5081 . Claimant is further exempt from special levies and assessments when the publicly owned property is devoted to a public use . County of: Santa Barbara v. City of Santa Barbara •(1976) 59 Cal.App .3d 367, . 369 . Revenue and Taxation Code Section 5081 . The use of the subject parcels for redevelopment purposes is a statutory public use as defined in Section 33037 of the California Health & Safety Code . See also Redevelopment Agcy v. Del -Camp Invs . (1974) 38 Cal .App.3d 836 . 4 . Because of Claimant' s exempt status, all ad •valorem property taxes ,were canceled. by. the tax -Collecto ._.of. Contra Costa County on the subject parcels; however, all special levies assessed against the subject parcels were not canceled but were allowed to remain and accrue on the subject parcels against Claimant . The following Assessment Districts levied special assessments against the subject parcels : a. Contra Costa Water District (Water Code Sections 31150, et . seq. ) b. Emergency Medical B Assessment District c Riverview Fire Protection District (Health & Safety Code Sections 14875, et . seq. ) d. Delta Diablo Sanitation District (Health & Safety Code Sections 6400, et . seq:) e . Landscaping and Lighting Assessment District, City of Pittsburg (Streets & Highways Code Sections 22500, et . seq. ) 5 . On September 15, 1992, Claimant paid under protest to the County Tax Collector the sum of $126, 389 .74, an amount which represented payment for the above special levies and assessment liens on the subject parcels . Attached hereto as Exhibit "B" is a true and correct copy of the receipt for said payment; attached hereto as Exhibit "C" is a copy of Claimant' s protest letter to the County Tax Collector. Also attached hereto as Exhibit "D" are copies of the Certificates of Redemption marked "Paid" for all of the subject parcels . 6 . The amount paid by Claimant represents levies assessed against properties owned by Claimant which were devoted to a public use, i .e . , redevelopment . Therefore, under California law, Claimant is exempt from such taxation and should be refunded the amount of $126, 389 .74 pursuant to Code of Civil Procedure Section 1268 . 440 which provides in pertinent part : " (a) If taxes have been paid on property that is exempt property as defined in Section 5081 of the Revenue and Taxation Code, the amount of taxes that, if unpaid, would have been subject to cancellation under Article 5 (commencing with Section 5081) of Chapter 4 of Part 9 of Division 1 of the Revenue and Taxation Code shall be deemed to be erroneously collected and shall be refunded in the manner provided in Article 1 (commencing with Section 5096) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code to the person who paid the taxes ." (emphasis added) . The Eminent Domain law defines the word "shall" as "mandatory" . Code of Civil Procedure Section 1235 . 060 . Moreover, Revenue & Taxation Code Section 5096 states that "any taxes paid before or after delinquency shall be refunded if they were : . . (b) Erroneously or illegally collected. " (emphasis added) . I declare under penalty of perjury that the foregoing is true and correct . N WITNESS WHEREOF I have executed thi�., Claim fOr Refund on/ the L-ti day of January, 1993 at Pittsburg California . w S . LANTHONY DONATU Executive Directdr J claim refund REIDEVELOPPAENT AGENCY OF THE CITY OF PITTSBURG City of Pittsburg 34,rtmrira 6:vd. P 0.Box ,5,d Rtsburo.�-,A 94565-6518 Civic Center • P.O. Box 1518 • Pittsburg, California 94565 510-439-4R310- FAX 439-%U•TOD 42'-795o September 10 , 1992 LM-1001-02 VIA FACSIMILE Mr. Joseph S. Martinez Deputy Tax Collector Contra Costa County 625 Court Street Martinez , California 94553 Dear Mr. Martinez : Subject : DELINQUENT TAXES DISPOSITION AND DEVELOPMENT AGREEMENT FIDELITY NATIONAL TITLE INSURANCE COMPANY 3100 Oak Road, Station Plaza Building Walnut Creek, CA 94596 FAX: 935-8703/ESCROW NO. 152694 The Redevelopment Agency of the City of Pittsburg has entered into a Disposition and Development Agreement. (DDA) for fifteen (15) blocks of property in the City of Pittsburg. Confirming our conversation, attached hereto is the list of parcels to be conveyed. We are requesting that you provide delinquent tax information for each parcel and that you submit your demand for payment to Fidelity Escrow No . 152694 . .We sincerely appreciate your assistance and cooperation in this matter. Please call me at 439-4830 if you require additional information. Sincere yt, inda K. Tillman, Director Redevelopment Agency of the City of Pittsburg cc: Christine C. Fitzgerald, Esq. Robert Price , Fidelity Attachment: As stated. TDD #: (510) 427-7950 League of California Cities Helen Putnam Award-1988 National Center for Public Productivity Exemplary Award-1989 City of New Horizons DIRECT PXINIENT CLAIM • ( CITY OF PITTSBURG 340 MARINA BLVD., PITTSBURG, CALIFORNIA 94565 TELEPHONE (510) 439-3590 The Direct Payment Claim may only be used to cover the following payments: Employee reimbursement(or advances)for travel or other business expense. Renewal subscriptions for publications. Organization or association dues. 403 Purchases when payment is required to accompany the order. DATE: September 15 , 1992 PAYEE: TAX COLLECTOR AMOUNT $ 126 , 389 .74 CONTRA COSTA COUNTY 625 COURT STREET MARTINEZ, CALIFORNIA 94553 DESCRIPTION: LOS HEDANOS COMMUNITY DEVELOPMENT PLAN EASTSIDE RESIDENTIAL PROJECT ` DELINQUENT TAXES IN ACCORDANCE WITH ATTACHED TAX PRINTOUTS- -------- - --$126 ,389 . 74 FY 92/93 AUTHORIZED ' 78-2080-8814-5001 SIGNATURE ACCOUNT NO. c DIRECTO OF FINANCE .�.._..._....-._._._.___.....- ._..,�.-._.__.__ .._.... ., ..._ _.�. .r- .,...____._.. 031465 - ,71 - - - - CITY UF' " .LG. �� �J�i�i 1 ,. L.. 1 PITT ItBUrtG September 15 , 1992 xx$126,389.74xx Contra Costa County Tax Collector 625 Court Street Martinez, Ca 94553 Director of finance " WEU=.='ac.=eLo_ lie 031465 1: 1 2 1000 2481:4315 5 ? 5043��'� ---------- - —__.... .------— -- :.�.� ACCOUNT ^----------- --PuE jIC`l.SOE_C. .. September 15, 1992 i 78 2080-8814-5001 $126,389.74 i Los Medanos Community Development Plan Eastside Residential Project Delinquent Taxes per the at ached I , I i PEASE CET —=cF THIS CHECK IS TENDERED IN CEP^S -=7C CITY OF PITTSBURG FULL P'.vMENT OF INVOICE c5: LISTED ABOVE EXHIBIT A 085-091-014 085-095-015 085-173-016 016 016 017 017 085-092-001 018 085-174-001 002 002 003 085-096-001 003 004 002 004 005 003 005 008 004 006 009 005 007 014 006 014 015 007 015 016 008 018 017 009 019 018 010 019 Oil 085-175-001 021 012 002 013 003 085-093-004 014 004 005 015 007 006 016 008 007 017 009 008 085-097-001 010 009 002 011 014 003 012 004 013 085-094-001 014 - 002 085-098-001 015 003 002 016 004 006 017 005 007 006 008 085-176-001 007 009 002 008 010 003 009 004 010 .085-099-001 005 011 002 006 012 003 007 013 004 008 014 005 009 015 006 010 016 011 085-173-001 012 085-095-001 002 013 002 003 014 . 003 004 015 004 005 016 005 006 017 006 007 007 008 085-177-001 008 009 002 009 010 003 010 011 004 Oil 012 005 012 013 006 013 014 014 015 E)*7,flrq-),NIT A 085-178-001 002 003 004 005 006 007 EXHIBIT B COUNTY OF CONTRA COSTA - GENERAL RECEIPT DEPT.- T a CJ _ F 315556 s p n A/�/QL WL�✓/ � "'' / U(/Sf}N T/t.0 �. ,.£ Iu-eAv L-/6/T�/ N'�DOLLARS 5 gv!�O . FOR RECEIVED FROM �/J� GvLL yt LJ/P�f�J� CASH SAL. BAL. CHECK AMT. PAID MONEY BAL. /ice/ ✓ ✓ ORDER DUE c 0-581REV. 10/72) BY " EXHIBIT C September 15, 1992 VIA FAX 510/646-4135 Mr. Joe Martinez Tax Collector' s Office County of Contra Costa 625 Court Street P .O. Box 631 Martinez, 'CA 94553-1280 Re: Redevelopment Agency of the City of Pittsburg Payment of Delinquent Taxes $126, 3,89 .74 Dear Joe: Please be advised that payment of the above amount by the Redevelopment Agency of the City of Pittsburg for delinquent taxes is being made in protest . The Redevelopment Agency intends to file a claim for refund pursuant to Revenue & Taxation Code "Sections 5096, et. seq. on the, grounds that the taxes were erroneously or illegally assessed or levied against the Redevelopment Agency. Very truly yours, CHRISTINE C. FITZGERALD CCF :mlh . cc: Ms . Linda Tillman letter to martinez EAHIBIT C ^�`.i REQUEST FOR CANCFT,T,ATTON OF TAXES JAN 1 9 1993 ' TO: Board of Supervisors County of Contra Costa CLERK BOARD OF SURERV 651 Pine Street, Room 106 CONTRA COSTA L Martinez, CA 94553 The undersigned, as Executive Director of the Redevelopment Agency of the City of Pittsburg, a public body, corporate and politic, ("Claimant") , hereby makes this claim for cancellation of taxes ("Claim") on behalf of Claimant pursuant to California Revenue & Taxation Code Sections 4986, 5081 and 5086 . 1 and requests that the Board of Supervisors make its Order directing the Auditor-Controller of the County of Contra Costa ("County") to cancel certain property taxes levied for prior and current fiscal years as set forth below. In support of this Claim, the undersigned states : 1 . Claimant is a duly organized public body in charge of redevelopment in the City of Pittsburg and is by law vested with authority .to acquire property for such redevelopment purposes by virtue of Sections 33342 and 33391 of the Health & Safety Code of the State of California . 2 . During the fiscal years 1992 to 1993, Claimant acquired by voluntary sale or through eminent domain certain properties ("subject parcels") located in the .City of Pittsburg for its Redevelopment Project . Attached hereto are copies of the County of Contra Costa tax bills for the subject parcels which indicate the date of acquisition by Plaintiff. 3 . Because Claimant is a governmental body, property acquired and owned by Claimant is exempt from taxation under Article 13, Section 3 of the Constitution of the State of California. Revenue and Taxation Code Section 5081 . Claimant is further exempt from special levies and assessments when the publicly owned property is devoted to a public use . Colinty of Santa Barbara v. City of Santa Barbara (1976) 59 Cal.App.3d 367, 369 . Revenue and Taxation Code Section 5081 . The use of the subject parcels for redevelopment purposes is a statutory public use as defined in Section 33037 of the California Health & Safety Code . See also Redevelopment Agency v. Del-Camp Invs . (1974) 38 Cal .App.3d 836. 4 . Because of Claimant' s exempt status, all ad valorem property taxes were canceled by the Tax Collector of Contra Costa County on the subject parcels; however, all special levies assessed against the subject parcels were not canceled but were allowed to remain and accrue on the subject parcels against Claimant. The following Assessment Districts levied special assessments against the subject parcels : a. Contra .Costa Water District (Water Cocle Sections 31150, et . seq. ) JAN 2 5 1993 b. Emergency Medical B Assessment District C Riverview Fire Protection District (Health & Safety Code Sections 14875, et . seq. ) d. Delta Diablo Sanitation District (Health & Safety Code Sections 6400, et .. seq. ) e . Landscaping and Lighting Assessment District, City of Pittsburg (Streets & Highways Code Sections 22500, et . seq. ) 5 . The special levies are assessed against properties owned by Claimant which are devoted to a public use, i . e. , redevelopment . Therefore, under California law, Claimant is exempt from such taxation. Revenue & Taxation Code Section 5081 . 6 . Because of Claimant' s exempt status, all special levies assessed against the subject parcels must be canceled in accordance with Section 4986 of the Revenue & Taxation Code which provides in pertinent part : " (a) All or any portion of any tax, penalty, or costs, heretofore or hereafter levied, shall, on satisfactory proof, be canceled by the auditor * * * if it was levied or charged: (2) Erroneously or illegally . " (6) On property acquired by the United States, the state, or by any county, city, school district or other public entity, to the extent provided in Article 5 (commencing with Section 5081) . " The County Auditor should be directed to cancel said levies pursuant to Section 5086. 1 as follows : "The auditor shall cancel taxes on the date of apportionment provided in the notice required by Section 5082 . 1 . " (emphasis added) . I declare under penalty of perjury that the foregoing is true and correct . IN WITNESS WHERE �� I have executed this Claim for Cancellation on the =f�� day of January, 19931at Pittsburg, California. �/ / S .,/ANTHONY,/ DONATO, Executive Director/ request cancellation (J SURPLEMENTAL REQUEST FOR CANCELLATION OF TAXES RECEIVED TO: Board of Supervisors FEB 9 10 County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 CLERK BOARD OF S CONTRA RA.COSTATA CO.S CO. i The undersigned, as Executive Director of the Redevelopment Agency of the City of Pittsburg, a public body, corporate and politic, ("Claimant") , hereby makes this supplemental claim for cancellation of taxes ("Claim") on behalf of Claimant pursuant to California Revenue & Taxation Code Sections 4986, 5081 and 5086 . 1 and requests that the .Board of Supervisors make its Order directing the Auditor-Controller of the County of Contra Costa ("County") to cancel certain property taxes levied for prior and current fiscal years as set forth below. In support of this Claim, the undersigned states : 1 . Claimant is a duly organized public body in charge of redevelopment in the City of Pittsburg and is by law vested with authority to acquire. property for such redevelopment purposes by virtue of Sections 33342 and 33391 of the Health & Safety Code of the State of California. 2 . During the fiscal years 1992 to 1993, Claimant acquired by voluntary .sale' or ,through eminent domain certain properties ("subject parcels") located in the City of Pittsburg for its Redevelopment Project . Attached hereto are copies of the County of Contra Costa tax bills for the subject parcels which indicate the date of acquisition by Claimant as well as Claimant' s ownership of the subject parcels . 3 . Because Claimant is a governmental body, property acquired and owned by Claimant is exempt from taxation under Article 13, Section 3 of the Constitution of the State of California. Revenue and Taxation Code Section 5081 . Claimant is further exempt from special levies and assessments when the publicly owned property is devoted to a public use . County of Santa Barbara v . City of Santa Barbara (1976) 59 Cal.App.3d 367, 369 . Revenue and Taxation Code Section 5081 . The use of the subject parcels for redevelopment purposes is a statutory public use as defined in Section 33037 of the California Health & Safety. Code . See also Redevelopment Aaency v. Del -Camp Invs . (1974) 38 Cal .App.3d 836 . 4 . Because of. Claimant' s exempt status, all ad valorem property taxes were "canceled by the Tax Collector of Contra Costa County on the subject parcels; however, all special levies assessed against the subject parcels were not canceled but were allowed to remain and accrue on the subject parcels against .Claimant . The following Assessment Districts levied special assessments against the subject parcels : a. Contra Costa Water District (Water Code Sections 31150, et . seq. ) b. Emergency Medical B Assessment District C Riverview Fire Protection District (Health & Safety Code Sections 14875, et . seq. ) d. Delta Diablo Sanitation District (Health & Safety Code Sections 6400, et . seq. ) e . Landscaping and Lighting Assessment District, City of Pittsburg (Streets &` Highways Code Sections 22500, et . seq. ) 5 . The special levies are assessed against properties owned by Claimant which are devoted to a public use, i . e . , redevelopment . Therefore, under California law, Claimant is exempt from such taxation . Revenue & Taxation Code Section 5081 . 6 . Because of Claimant' s exempt status, all special levies assessed against the subject parcels must be canceled in accordance with Section 4986 of the Revenue & Taxation Code which provides in pertinent part : " (a) All or any portion of any' tax, penalty, or costs, heretofore or hereafter levied, shall, on satisfactory proof, be canceled by the auditor * * * if it was levied or charged: (2) Erroneously or illegally. " (6) On property acquired by the United States, the state, or by any county, city, school district or 'other public entity, to the extent provided in Article 5 (commencing with Section 5081) ." The County Auditor should be directed to cancel said levies pursuant to Section 5086 . 1 as follows : "The auditor shall cancel taxes on the date of apportionment provided in the notice required by Section 5082 . 1 . " (emphasis added) . 7 . Therefore, Claimant requests that the County Board of Supervisors direct the County Auditor to cancel taxes as requested herein. I declare under penalty of perjury that the foregoing is true and correct . IN WITNESS, WHEREOF I have executed this Claim for Cancellation on the r day of January, 1993 at Pittsburg, California . -S. ANTHONY DONATO, Executive Director request cancellation EXHIBIT D Office) Of Asses5c)r johr L. SiBSOM cb5ta C 0 LA nty 13051 (-nein 71 0 0 1 Pa 0 es p 1)rar.d fax�rans TO From 7 Co. Co. Oept. Phone# N a-r 12, 9 Fax 4 iy Fax c'n r i S t i rn e �1-3 er a Fac inld ic 15 348- 8 r R der elic p m ra n tL AC-:e Ii y 0 f t h e c i t y Pit-tsh-urg Request for Cancell-a-tJon of Taxes Dear Mrs . F-L--zgeraidi Mo�..rc.,,-. 1_2 staten you will mal-l:' -fdrthe;: requests of thc Board of Supe,-�visors- if the Boa-rd again refe-rs thE; matter t-O the r"%SSOSScr we will-, lnst_ead of denying the cla-Lm, reccmmr;:!nd that th(7- Board refar the mat-ter to the appropriate special district . 1. a,T1 SO-L'1'7 I' VI-r acti--.3p has cl-11--laysd progress . I can unde--stand your frustration. Sincerely, Dcmald A. Burriston Assistant-— rssessor DAB:bcm EXHIBIT D LAW OFFICES OF HER- kv H. FTTZGER,4D 345 LG UNG .:VENUE. SUITE 302 BURLiNGAME, CALIFORNIA 9dGI0 TELEPHONE '4151 348-5195 A PPLOi L 5iONALCORPORA ION FACSIMILE 1-4151 343-3518 HERMAN H• F r GE?ALD CHRISTINE C. FITZGERALD March 12, 1993 Mr. John Biasotti Contra Costa County Assessor' s Office 834 Court Street Martinez, CA 94553 Re : , Redevelopment Agency of the City of Pittsburg Request for Cancellation of Taxes and Refund of Taxes by Christine C . Fitzgerald Representing the Redevelopment Agency of the City of Pittsburg (Item 1 . 37, February 2, 1993) Dear Mr. Biasotti : This acknowledges receipt of your February 9, 1993 memo to the Board of Supervisors in re the above-entitled matter, a copy of which is enclosed. I understand your reasons for the recommendation; however, please be advised that prior to requesting, the cancellation and refund by the Board of Supervisors, the' Redevelopment Agency did contact each District and requested cancellation and refund of the special assessments . Enclosed for your review are letters received from the respective Districts declining to cancel and/or refund the special assessments . In particular, I direct your attention to the December 4, 1992 letter from Allen Little of the Riverview Fire Protection District which attaches a legal opinion from Sharon Anderson, County Counsel for Contra Costa County, which indicates that the weed abatement assessment can only be canceled on order of the Board of Supervisors . Moreover, I also direct your attention to the December 22, 1992 letter from attorney Fredrick Bold on behalf of the Contra Costa County Water District stating that the Water District will rely on the determination of the County Tax Collector regarding cancellation and refund of its oycciai GiJJCJJ1itCllt . Finally, Delta Diablo Sanitation District failed to respond at all and/or cancel or refund the taxes upon request . in sum, the respective positions of all parties involved are as follcws : 1) The Board of Supervisors will not order the cancellation and refund of taxes based upon the fact that the Special Districts themselves must do so; Y Mar ch L2, 19 7 3 2) The Special Districts will not cancel and refund taxes based upon the fact that the Board of Supervisors must so order; 3) The Redevelopment Agency is legally entitled to the cancellation and refund and yet has been unable to procure this from any entity that is responsible for the cancellation and refund. I would appreciate a further review of the matter in light of the above . I have cited both statutory and case law in support of the Redevelopment .Agency' s position which seems to contradict your recommendation . Please direct my attention to the applicable statutes or other law which supports your recommendation. In the interim, I will make further requests to the Board of Supervisors outlining the above . Very truly yours, 44 RISTINE C . FITZG D CCF :mlh Enclosures cc : S . Anthony Donato, Executive Director Linda K. Tillman, Redevelopment Director Board of Supervisors Sharon Anderson, Deputy County Counsel I f rorty FC-0 Fax 5z 'T % J John S' act OU ITV E ZT: Reqi,es;t for of taxnd fif taxes by ChT!iStjj r-c C Fitzgez-ald reptresenting the 'Pte-de-c-Mimarlt A-,!�nc%r of the. --it- .7- of Pitteburgr k-, 2 19 23 1 Der.- y requ N,)n-- Reasons for Recommendation: the taxes whicla are undar tbe. of the Count- .7 A_­scas�)r have -bGqim r-aZCG'ejj. The remalrdng Items aze Speckid DL--tricszz I - — r t Aessmcm-,s -which are under their juriseUction. Each alistriz,t should be co-ataturted by the ccrxespundent for determination. ArWAftuT. --YES 6T4 P?M17717r: OTHER t.,J:PA C--,:2 'Aa Z-1 A-14C EN12tis1:1 7M-2 m:NurF.S OP 104Z FCAAD OF sc v P E R V f 5C PS:N T H �A T Z.3 ?1.J-7.".'._' -�F 7r4=- e-AAU CF nf- BY BOLD AND POLISNER FREDERICK BOLD. JR. ATTORNEYS AT LAW TELEPHONE JEFFREY D. POLISNER (510) 933-7777 CARL P. A. NELSON SUITE 32S TELEFAX CRAIG L.JUDSON 500 YGNACIO VALLEY ROAD (SIO) 933-7804 WALNUT CREEK, CALIFORNIA 94596-3840 December 22 , 1992 Christine C. Fitzgerald Herman H. Fitzgerald, Attorney at Law 345 Lorton Avenue, Suite 302 Burlingame, Ca. 94010 Pittsburg Redevelopment Agency - Exemption from Contra Costa Water District Tax Dear Ms. Fitzgerald: Your December 2 , 1992 letter to Judy Whelan has been referred to this office by Contra Costa Water District. The ,Contra Costa Water District tax is levied under the authority of Water Code section 31158 for charges payable to the United. States .under the District's water supply contract. There is no special provision for exemption from this tax, however if property is owned by a governmental entity and is thus exempt from all ad valorem taxation it will likewise by exempt from the District tax. Contra Costa Water District will rely on the determination of the County Tax Collector on this matter. Yours very truly, 6Fre/dick Bol Jr. FB: jhj cc: William Zenoni DEC 2 3 1992 - - rT kierview FIRE PROTECTION DISTRICT Fire Commissioners: Chief ALLEN LITTLE - ROBERT BALDRIDGE HORACE A.ENEA SIG LANSTROM December 4, 1992 BOB LEWIS ELIZABETH RIMBAULT EDWARD SPENCER,Jr. JOE TOVAR,Jr. Christine C. Fitzgerald 345 Lorton Ave. Suite #302 Burlingame, CA 94010 SUBJECT: Redevelopment Agency of the City of Pittsburg Acquired Properties Dear Mrs. Fitzgerald: The problem with the Redevelopment Agency has surfaced before regarding Weed Abatement liens. In 1987 the County Council rendered a decision. I believe the same statutes are applicable to the Benefit Assessment charges. 4 am enclosing a copy of the 1987 decision by County Council for your review. If you have any questions, please contact the undersigned at (510) 757-1303. Sincerely, ALLEN LITTLE Fire Chief By: . S E.S. GIPSON Fire Service Technician AL:ESG:dw l UEC Z 1992 1500 WEST FOURTH STREET-ANTIOCH,CALIFORNIA 94509-1099-TELEPHONE(510)757-1303-FAX(510)754-8852 VICTOR J.WESTMAN OFFICE OF COUNTY COUNSEL DEPUTIES: COUNTY COUNSEL SHARON L ANDERSON SILVANO B.MARCHESI CONTRA COSTA COUNTY KER ANDREA W. ASEAW.CAS ANDSIDY ARTHUR W.WALENTA.JR. VICKIELDAWES ASSISTANTS COUNTY ADMINISTRATION BUILDING VICKI J.FINUCANE ULUAN T.FUJII r MICHAEL D.FARRENNIS C.GRAVES P.O.. .80X 69 EDWARD V.LANE.JR. MARTINEZ,CALIFORNIA 94553-0006LI BETT. H B. EAREY PRINCIPAL DEPUTIES PHQNE:f415)372.2074 SHARON L MILLER PAUL R.MUNR DAVID F.SCHMIDT March 11, 1987 RECEIVED Allen Little, Fire Chief MAR 121987 Riverview Fire Protection District 1500 West Fourth St. RWERVIEWFIRE PROTECTION MSTRICT Antioch CA 94509-1099 Re: Responsibility of City or Redevelopment Agency to .Pay Weed Abatement Liens Dear Chief Little: SUMMARY The District should not take any action to release the liens unless and until the City makes application to the Board of Supervisors via the auditor for cancellation under Health and Safety Code § 14920 and presents the District with proof of cancellation. BACKGROUND The City of Pittsburg is requesting that the Riverview Fire Protection District remove all weed abatement liens that have been imposed on property acquired by the City and its redevelopment agency. Many of the liens date back to the late 19701s. The District does not believe it should be required to release the liens, and requests our opinion on this question. DISCUSSION Health and Safety Code 14917 and 14918 provide that weed abatement liens are to be collected at the same time and in the same manner as .County taxes . County taxes on the secured roll are a lien on the real property against which they are assessed. In general, when a public entity acquires property, it must provide the assessor and the auditor with a copy of the instrument evidencing the acquisition and request the auditor to cancel taxes for the remaining portion of the fiscal year after the date of apportionment. Revenue and Taxation C. + 5082 .1. Pursuant to Section 5084 of the Revenue and Taxation Code, prior tax liens, penalties and costs are to be paid through escrow or from the award in eminent domain. If they are unpaid for any reason, they are to be transferred'-to ..the unsecured roll pursuant to Section 5090 and collected from either the person from whom the property was acquired or the public entity that acquired the property. Revenue and Taxation C. § 5084(b) . Allen Little, Fire Chief March 111, 1987 The law pertaining to liens for weed abatement activities , however, appears to be different from the general rule. Section 14920 of the Health and Safety Code provides, in pertinent part, as follows : "All or any portion of such special assessment [for the expenses of abatement] , penalty or costs heretofore or hereafter entered shall on order of the board of supervisor be canceled by the auditor if uncollected. . .if it or they were entered, charged or paid: " (e) On property acquired after the lien date by the State or by any county, city, school district or other political subdivision and because of this public ownership not subject to sale for delinquent taxes . " This statute indicates that once a "political subdivision" purchases property subject to a lien for weed abatement expenses , it may make application to the Board of Supervisors `:for cancellation of the lien. Upon order of the Board, the lien must be cancelled by the Auditor . Whether a redevelopment agency, as opposed to a city, may take advantage of the cancellation provision of Health and Safety Code § 14920 is unclear. A redevelopment agency is not a "political subdivision" ; it is a "public body, corporate and politic. " Health and Safety Code § 33100 . Arguably, then, the procedure outlined in Revenue and Taxation Code § 5081 et seq. would apply. On the other hand, an agency "exercises governmental functions" (H.&S.C. § 33122) and performs "a public function of the community. " (H. &S.C. § 33123 ) Moreover, the agency' s property is not subject to taxation and sale for delinquent taxes (H. &S.C. § 33401[a] ) and is not subject to levy and sale by execution (H. &S.C. § 33124. ) A court could conclude from these factors that a redevelopment agency fits within the scope of H. &S.C. § 14920(e) and that its cancellation provision should apply. In any case, the legal decision to cancel the taxes lies with the Board of Supervisors and the Auditor, not with the Fire District. For this reason, the District should not record a release of lien until the City has obtained and provides the -2- Allen Little, Fire Chief March 11, 1987 District with proof of cancellation pursuant to Health and Safety Code § 14920 . Should the Board receive any such requests, it will almost certainly ask for District staff comments. Very truly yours, Victor J. Westman County Counsel By: Sharon L. Anderson Deputy County Counsel SLA/jh cc: County Administrator' s Office -3-