Loading...
HomeMy WebLinkAboutMINUTES - 06202000 - C134-C137 TO: BOARD OF SUPERVISORS ' Con ra FROM: Stephen L. Weir , Clerk-Recorder Costa By. H rbara Chambersbc County DATE: May 23 , 2000 SUBJECT: Refund SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION. APPROVE the refund of overpayment of transfer tax and AUTHORIZE the County Auditor-Controller to issue warrants in the amount and to the party listed. BACKGROUND: The County Recorder, having advised that funds to cover the payment of the Documentary Transfer Tax when recording certain grant deeds have deposited in excess of the amount required under the law, and having requested that the County Auditor-Controller 66'authorized to issue warrants refunding the following amounts: North American Title $79.75 980 Murrieta Blvd. Livermore, CA 94550 Escrow: 50340002 Series # 2000-35119 CONTINUED ON ATTACHMENT: t YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S)- CL.L.�; ACTION OF BOARD June 20• 2000 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X.X.UNANIMOUS(ABSENT " - - ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED-- June 20, 2000 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF OO: /G'x//9`��+1 SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY .. NORTH AMERICAN 980 Murrieta Boulevard 1TITLE Livermore, CA 94550 0000MPANY (925) 456-9840 Fax No. (925) 456-9844 DATE: March 1, 2000 Contra Costa County Recorder ESCROW NO. : 50340002 Attn: Barbara Chambers LOAN NO. : P.O. Box 350 SELLER: Jay D. Wynn Martinez, CA 94553 BUYER: Paul G. Ferreira PROPERTY: 1427 Garvin Avenue Richmond, CA 94801 On February 23, 2000 we closed a transaction involving the property located at 1427 Garvin Avenue, Richmond. We inadvertently paid too much City Transfer Tax and County Transfer Tax. The property had sold originally for $245,000. The transaction fell apart and then the property sold again for a lower price of $172,500. We had not changed the price in the computer when the Grant Deed was generated. Therefore the Grant Deed showed an incorrect County Transfer Tax of $249.50 when it should have been $189.75 and an incorrect City Transfer Tax of $1,715.00 when it should have been $1,207.50. I have attached the final HUD-1 Settlement statement showing the final sales price. Please forward to North American Title a refund in the amount of $79.75 as soon as possible so that we can balance our file. Also, please forward a letter to the City of Richmond authorizing they to refund us $507.50. If you have any questions, please don't hesitate to ca71 r,ie. Thank you. 1 a �G ` N rt� 1101, NORTH AMERICAN TITLE COMPANY t' OA Mary Williams Assistant Escrow Officer i vENaaa No. AZC DEMAND � 4 p Li an the Treasury of the COUNTY OF CONTRA COSTA Made By: STATE OF CALIFORNIA DATE __3/1/00 _ North American Title Company NAME (LAST) (FIRST) IMPORTANT _ 9$0 Murrieta Boulevard See Instructions on Reverse Side ADDRESS t Livermore. CA 94550 CITY, STATE ZIP CODE Phone 925-456-9540 1 I I' 1 I I 1 I I For the sum of Seventy Nine Dollars and '75/100---- dollars $ 79-7r) As itemized below: - - DOTE DESORIPTION AMOUNT _ 311•.30__ Overpayment of County Transfer Tax —u $79.75 d paymen f Ci an r The undersigned under the penalty of perjury states:That the above claim and the items as therein set out are true and correct; hat no part thereof has been heretofore paid, and that the amount therein is ju tly due, and that the same is presented Within one 'ear after the last item thereof has accrued. Signed -VENDOR Na. Received, Accepted , and Expenditure Authorized EPARTL.. NE CHIEF DEPUTY HIT 10ONT INVOICE DATE FUIII ACCOUNT ENCUMBRANCE TAIII AMOUNT TASK OPTION ACTIVITY ISPEG. FLOS.1 DISCOUNT x. .k '• ,t�+r ','s°l#.''•, }'x' '`::K• ' r t r t•.it••:..; 1 ; t {ti i'§.:•$. :y}....... •}$:{ §<h}:::.�%•.•.?..}::....:x...n.4":}x.�ACV:. .:..{•.::•.: }}};{b:•};,:•}}:•}:'::•iii:}:i.:JJ::.i'.ii:v:;..%t,'.-}?;:r;:•iii:.i::v;,;}::;' .:?:�i::�i::�•}:�i i:.:}'}�':•::: UM. 40. iNY010E OATL QESCRIPf10N PUNDlORS. ACCOUNT CNOUMSRANCE NO. IP/CJ# PATMLhT AMOUNT 1 . 1 ..:.�:,x}.{. ..:.3..:.•:,:•:};.;%,.}};{K:h.%.. }?:•a}: )tAN6 AAMOUNT TA ::�;i �"#�{%:r`,.•}: ;t;•{..#••• 3:d�.;;. ..{};;4;k� •/,g•:{:•{:.} SX OPTION ACTIVITY DISCOUNT JM N0. INVOICE CKICRIPTIOX } OCOUN7 il CNCUMINANCE N0.IP/01 FAYM[N AMOUNT 1 / t :ii:%•.,';>:::;: #�:::+;t�5':•3?:.,;{,?:• •. :fx•}r.•x?:?•>::•::°,•>:.�•}'•>"}:•...:..:}..,:..;;r.:;..,{...:.•.•... .,.:;:.;..., TAxAi6E AMOUNT TA N 0►t)ONJ ACTIVITY P C. PLiS OtS OUN , 5&502-AFRONT 1tEV 1.(7-9'7) r y ' PRELIMINARY CHANGE OF 4 AERSHTP R,EPOTt'I' To be com,leted by transferee(buyer) riot tg transfer of sub`ect Drope in accordance with Section 480.3 of the Revenue and Taxation Code.]A Preliminary Change of ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all 58 counties of California THIS REPORT IS NOT A PUBLIC DOCUMENT SELLER/TRANSFERORWyNN BUYERlTRANSFEREE: FERREIRA ASSESSOR'S PARCEL NUMBER(S): 529-130-•028 PROPERTY ADDRESS OR LOCATION: 1427 Garvin Avenue PROPERTY ADDRESS OR LOCATION: Richmond, CA MAIL TAX INFORMATION TO: Name: PAUL G. FERREIRA 1427 Garvin Avenue, Richmond, CA 94801 Address: NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing in the following fiscal year, July 1 through June 30. One-half of these taxes is due November 1, and one-half is due February 1. The first installment becomes delinquent on December 10,and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record. IF THIS TRANSFER OCCURS AFTER JANUARY 1 AND ON OR BEFORE DECEMBER 31,YOU MAY BE RESPONSIBLE FOR THE SECOND INSTALLMENT OF TAXES DUE FEBRUARY 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the CONTRA COSTA County Assessor.For ftuther information on your supplemental roil obligation,please call the C'nuTHA CQSTA County Assessor at 9�,-KdK-411 PART I: TRANSFER INFORMATION Please answer all questions. YES NO [ ] 11 A. Is this transfer solely between husband and wife (Addition of a spouse,death of a spouse,divorce settlement,etc.)? [ ] [ B. Is this transaction only a correction of the name(s)of the person(s)holding title to the property(For example,a name change upon marriage)? [ ] [ C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? [ ] [ P. Is this transaction recorded only to create, terminate, or reconvey a security interest(e.g. cosigner)? [ ] [ E. Is this document recorded to substitute a trustee under a deed of trust,mortgage,or other similar document? [ ] [ F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor)remains as one of the joint tenants? [ ] [ G. Does this transfer return property to the person who created the joint tenancy(original transferor)? H. Is this transfer of property: [ ] [ 1. to a trust for the benefit of the grantor,or grantor's spouse? [ ] [ 2. to a trust revocable by the transferor? [ ] [ 3. to a trust from which the property reverts to the grantor within 12 years? [ ] [ I. If this property is subject to a lease, is the remaining lease tern 3S years or more including written options? [ ] [ *J. Is this a transfer from parent(s)and child(ren)? [] or morn grandparent(s)to grandchild(ren)?[ ] [ ] [ *K. Is this transaction to replace a principal residence by a person S5 years of age or older? Within the same county?[] Yes [ ]No [ ] [ *L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Code Section 69.57 Within the same county?[ ] Yes [ ] No *If you c ecked yes to J,K,or L,you may qualify for a property tax reassessment exclusion,which may result in lower taxes on your property. Failure to file a claim results in the resassessmment of the property. Please provide any other information that would help the Assessor to understand the nature of the transfer. IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT J,K, OR L, PLEASE SIGN AND DATE, OTHERWISE COMPLETE BALANCE OF THE FORM. t PART II:'OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date B. T of transfer. Please check appropriate box. [ Purchase [ ] Forclosure [ ] Gift [ ] Trade or Exchange [] Merger,Stock,or Partnership Acquisition [ ] Contract of Sale -Date of Contract [ ] Inheritance-Date of Death [ ] Other. Please explain: [ ] Creation of Lease [ ] Assignment of a Lease [ ] Termination of a Lease Date lease began Original term in years(including written options) Remaining term in years (including written options) C. Was only a partial interest in the property amisferred? [ ] Yes rl No 04i 134a-402-A(BACK)SRV. t C7-") _ - PiIELIMINARY CHANGE OF OWN SHIP REPORT ' ee L ' Please ansv*er,to the best of your knowledge, all applicable questions,sign and date. If a question does not apply, indicate with"N/A." PART III: PURCHASE PRICE AND TERMS OF SALE A. CASH DOWN PAYMENT OR Value of Trade or Exchange (excluding closing costs) Amount$ r B. FIRST DEED OF TRUST @ % interest for -,,?O years. Pymts./Mo. $ .TAsusurned &Int. only) Amount$ ( FHA. [ ] Fixed Rate w Loan Conventional Variable Rate Existing Loan Balance ] VA ] All inclusive D.T. ($ Wrapped) k or Savings&Loan ] Cal-Vet Loan Carried by Seller ( ] Finance Company alloon Payment [ ] Yes )4-No Due Date Amount $ C. SECOND DEED OF TRUST @/k °-5'°!o interest for 1-5' Pym $2,W/7 ts./Mo.- (Prin. & Int. only) Amount S. v' ✓G� [ Bank or Savings& Loan Fixed Rate ew Loan [ Loan Carried by Seller Variable Rate Assumed Existing Loan Balance alloon Payment 11- Yes ([ ] No Due Date Amount S D. OTHER FINANCINO: Is other financing involved not covered in(b)or(c)above? [ ] Yes [ ] No Amount$ Type @ % interest for years. Pymts./Mo. -S (Priv. & Int. only) Bank or Savings&Loan Fixed Rate [ ]New Loan Loan Carried by g Seller Variable Rate ( ]Assumed Existing Loan Balance alloon Payment [ ] Yes No Due Date Amount $ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER [ ] Yes [ ]No Outstanding Balance: Amount$ F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid.) Total Items A through E 0. PROPERTY PURCHASED [ ] Through a broker ( ] Direct from seller [ ] Other (explain) If purchased through a broker, provide broker's name and phone number: Please explain any special terms or financing and any other information that would help the Assessor understand the purchase price and terms of sale. PART IV: PROPERTY IlYP`ORINIATION A. E OF PROPERTY TRANSFERRED: Single-family residence ( ] Agricultural [ Timeshare ] Multiple-family residence (no. of units: ) [ ] Co-op/Own-your-own ( Mobilehome ] Commercial/Industrial [[ ] Condominium ( ]]] Unimproved lot ] Other(Description: B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? (,Yes [ ] No If yes,enter date of occupancy/ 19 or intended occupancy / 19 C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (other than a.manufactured home subject to local property tax)? [ ] Yes (�INo If yes,enter the value of the personal property included in the purchase price$ (Attached itemized list of personal property) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE TRICE? ( ] Yes allo - If yes,how much of the purchase price is allocated to the manufactured home?$ Is the manufactured home subject to local property tax? (]Yes [] o What is the Decal Number? E. DOES THE PROPERTY PRODUCE INCOME? [,] Yes [/ No If yes, is the income from [ ] Lease/Rant [ ] Contract [ ] Mineral Rights ( ] Other-Explain: F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE? ( ] Good ( Average [ ) Fair ( ] Poor Please explain the physical condition of the property and provide any other information(such as restrictions,etc. that would assist the Assessor in determining the value of the property. t certify that the foregoing is true, correct and complete to the best of my knowledge and boli Signed � Date Please Print Name of Now Owner/Corporate Officer Phone Number where you are available from 8:00 a.m. - 5:00 p.m.: (NOTE: The Assessor may contact you for further information If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent tiling of a preliminary change of ownership report, the recorder may charge an additional recording fee of twenty dollars (520). t RECORDING REQUESTED BY NORTH AMERICAN TITLE COMPANY Es=wNo. 50340002 order No. 50700024 AND WHEN RECORDED MAIL TO Name PAUL G. FERREIRA CERTIFIED A TRUE COPY OF THE ORIGINAL RECORDED IN THE OFFICI C R OF sant 1427 Garvin Avenue L+ Adders Richmond, CA 94$01 ALAMEDA COUNTY ON Under Recorder's Serial No.---/ o Clty& NORTH AME IC N TITLE COMPANY, INC. State SPACE ABOVE TEirS LINE FOR RECORDER'S USE MrMUTAY. GPLA.NT DEED A.P.N.529-130-028 The undersigned grantor(s) declare(s): Documentary transfer-tax is$ 2 6 9.5 0 City Transfer Tax is $1,715.0 0 ( x ) computed on frill value of property conveyed, or ( ) computed on fall value less value of liens and encumbrances remaining at time of sale. { ) Unincorporated area: ( x ) City of RICHMOND- , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,JAY D. WYNN, a single man hereby GRANT(S) to PAUL G. FERREIRA, an unmarried man the following described real property in the RICHMOND. County of CONTRA COSTA , State of California: , Lots 20' and 21, Block 20 as delineated upon that certain map entitled "Map of Brown Andrade Tract", .being a portion of Lots 78, 79, 80 and 81 of the final partition of the San Pablo Rancho, Contra Costa County, California, filed April 3, 1908 in Map Book 1, Page 15, in the office of the County Recorder of the County of Contra Costa, State of California. Assessor's Parcel No. : 529-130-028 Dated: .--February 9, 2000 , J STATE OF CALIFORNIA }SS. COUNTY OFr � } On before Inc, O L ,personally appeared personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/u*.subscribed to the within instrument and acknowledged to me that hel*AAhey executed "aA LOCK IDLE the same in histherfthe� authorized capacity(ies), and that by MARIA LC3CKRIDt"aE p ( entity V .. NOTARYPUBLIC-CALCOMM.0 LIIFORNIA 0 61 hider signature(s)on the instrument the arson s},or the upon behalf of which the persa s)acted, executed the instrument. ALAMEDA COUNTY COMM.EXP.JAN.S.2002 WITNESS my hand an fficiai se Signature (This area for official notarial seal) MAIL"TAX SAME AS ABOVE STATEMENTS TO: NAME ADDRESS CITY/STATIVEP 13 1 A.SETTI,EMENT STATEMENT U.S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OMB No. 2502-0265 B . TYPE OF LOAN 1.0 FHA 2.0 FmHA 3.M CONV.UNINS. 16- Fite Number: 7. Loan Number: 8. Mortgage Insurance Case Number: 4.O VA 5.17 CONVANS. 50340002 1 None Shown C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and the M agent are shown. Items marked 1' p.o.cyy'+ were paid outside the closing; they are shown for informational purposes and are not included in the totals. D.NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER/TAX Y.D.: F. NAME AND ADDRESS OF LENDER: Paul G. Ferreira Jay D. Wynn THE MORTGAGE OUTLET 4595 CHERRY AVE SAN JOSE CA 95119 1427 Garvin Avenue 184 Maple Court Richmond, CA 94801 Hercules, CA 94547 G.PROPERTY LOCATION: H.SETTLEMENT AGENT: I.SETTLEMENT DATE: 1427 Garvin Avenue NORTH AMERICAN TITLE COMPANY Richmond, CA 94801 PLACE OF SETTLEMENT: ESTIMATED 9CO Murrieta Boulevard February 23, 2000 Livermore, CA 94550 J. SAY OF BORROWER'S Tf2ANSACrION K. SUMMARY OF SELLER'S TPANSACrION 100. CESS AMOL T'I' DUE FROM BOA: 400 GROSS .AMOLUr DUE TO SELLER: 101. Contract Sates Price 172,500.00 401. Contract Sates Price 172,500.00 102. Personal property 402. Personal property 103. Settlement charges to borrower Line 1400) 8,200.74 403. 104. 404. 105. 405. Ad ustments for items paid by setter in advance Adjustments for items paid by setter in advance 106. Cit town taxes to 406. Cit town taxes _ to 107. County taxes 02/22/00t007761766 371.99 407. Count taxes 02/22/00 t,07/01/00 371. 99 108. Assessments to 406. Assessments to 104. 404. 110. 410. 111. 411. 112. 412. 113. 413. 114. 414. 120. CROSS AMOL Nr DUE 420. GROSS AMOUNT DUE FRCM BCREOWER 181,072.73 TO SE= 172,871.99 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest mon 501. Excess deposit (see instructions) 202. Princi t amount of new loan(s) 138,000.00 502. settlement char es to seller line 1400) 41,879.56 203. Exists loans taken subject to 503. Existing loans) taken subject to 204. Deposit to North American Title Company 504. Payoff of first wort a e loan 112,419.70 205. NEW SECOND TRUST DEED 34,500.00 505. Payoff of second mort a e loan 10,000. 00 206. 207. 507. ' 208. 08 209. i5C1 + Ad ustments for items unpaid by sel r 8n , Ad ustments for sterns unpaid §y setter 210. Cit town taxes r . Cit town taxes to 211. County, taxes to 511. County taxes to 212. Assessments tip 512. Assessments to 213. 513. 214. 514. 215. credit for closing costs 4,272.73 515.credit for closing costs 4,272.73 216. Cr. For;Paint Carpet 4,300.00 516.Cr. For Paint Carpet 4,300. 00 217. 517. 218. 518. 214. 519. 220. MM PAID BY/FOR 520. TOM REDUCTION AMOUNT BORROWER 181;072.73 DUE SE 1ER 172,871.99 300. CASH AT SETI1,E r FROM/M BORROWER 600. CASH AT SEI'T'1MI= TO FROM SE1XER 301. Gross amount due from borrower Linc 120 181,072.73 601. Gross amount due to setter (line 420) 1 172,871.99 302. Less amounts paidb for borrower Line 220 181,072.73 602, Less reductionsinamountdue set ler(tine520 172,871.99 303. CASH O FROM ® TO BORRL7W t 0.00 603. CASH p T_ O) ( O F _I SELLER- 1 0.00 The items which were paid outside of closing are indicated by "POC" and have been included at the direction of the lender for disclosure purposes only. The escrow holder/settlement agent herein has no knowledge of these expenditures, except as provided by lender. They have not been and cannot be verified as to the amount, the payee, nor actual payment and no liability is assumed by the closing agent as to the validity and/or sufficiency thereof. The HUD-1 Settlement Statement which I have prepared is a true and accurate account of thi transa tion. I have caused or will cause the funds to be disburesq, in accordance with this statement. Settlement Agent Date Warning: It is a crime to knowingly make false statements to the United States on this or any similar form. HUD-1 (8-87) , Penalties upon conviction can include a fine and imprisonment. For details sea: Title 18 U.S. Code Section RESPA, HB 4305.2 1001 end Section 1010. Previous edition is obsolete. - . - L: E E ENT R ES 700 . TOTAL SALES/BROKER' S COMMISSION PAID FROM PAID FROM 172,500.00 4 .00 6,900.00 BORROWER'S SELLER'S -pi.y1slon gf-Comissign (tine 709) s s. FUNDS AT FUNDS AT 701. $ 4,170.17 to Bayview Mortgage SETTLEMENT SETTLEMENT Bayview Mortgage 703, G2missim paid at Setttannt 4, 170.17 -8 . ITEMS PAYABLE IN NNE TI N WITH LOAN Logn griginstl2n Fee BAYVIEW MORTGAGE 2,070.00 802, Loan Q12rQmt-- BAYVIEW MORTGAGE $ 325.00 804, Credit REgrt tQ THE MORTGAGE OUTLET $ 805, Lenders InspectiQm,fea 806, P a 80 THE MORTGAGE OUTLET 89.00 80 DOCUMENT PREP THE MORTGAGE OUTLET 350.00 810,UNDERWRITING FEE THE MORTGAGE OUTLET 445.00 PROCESSING FEE BAYVIEW MORTGAGE 295.00 YSP $1380.00 BAYVIEW MORTGAGE POC 813. THE MORTGAGE OUTLET THE MORTGAGE OUTLET THE MORTGAGE OUTLET LOAN FEES 2ND LOAN THE MORTGAGE OUTLET 1,610.62 29Q . ITEME RE 1IRED BY LENDER TO BE PAID IN ADVANCE Interest 02/18/00 to 03/01/00 @$ 36.860000 Jday 442.32 2-02. Kortgagefor THE MORTGAGE OUTLET 903, i or l years to Pilcher Insurance Ag 368.00 04, Ftood Insurance PrgMfum for vearsto 905. WAREHOUSE FEE THE MORTGAGE OUTLET 150.00 1000 . - RESERVES DEPOSITED WITH LENDER 041 s Q$ Per month 1002, Mortocae Insuranceis t 0 i s pqr month 04 e s -moth 10month 0 b F t r -month 0 thmonth 1008.Aggregate Reserve t 1100 . TITS CHARGES 1 to NORTH AMERICAN TITLE COMPANY 495.00 110j, Ab4tract gr titte search to to 0Bin-der --t Q- 1105, Dog-upent Preolration to NORTH AMERICAN TITLE COMPANY 75.00 75.00 0§. Ngtory fees to NORTH AMERICAN TITLE COMPANY 80.00 `20.00 1107. Attorney's nct. above it 108, T111sJrgurgme 12 NORTH AMERICAN TITLE COMPANY nc abo e Item no.• 1, 134.80 r coverage 138,000.00 394.46 1110, O , 172,500.00 740.34 1 Courier Overnight NORTH AMERICAN TITLE COMPANY 50.00 50.00 additional policy fee NORTH AMERICAN TITLE COMPANY 100.00 1113, Inspection fee NORTH AMERICAN TITLE COMPANY 4 NORTH AMERICAN TITLE COMPANY 1115. NORTH AMERICAN TITLE COMPANY 1 e Tracking f2e to NORTH AMERICAN TITLE COMPANY 45.00 fee to NORTH AMERICAN TITLE COMPANY 150.00 1118. EndQrsownts; to 12QQ . VERNMENT RE RDIN AND TRANSFER HAR ES 1201. r 9.00 112.00 coves $45.00 121.00 45.00 -1202, Cowly tax stampt.- 189.75 . to a 189.75 1293, City taxistaIm: 1,207.50 1,207.50 lien release NORTH AMERICAN TITLE COMPANY 30.00 ADDITIONAL SETTLEMENT CHARGES 1301, Hgm Warranty 1302, Post 1rA2gctj20 Indlor work to 1303. Taxes CONTRA COSTA CO. TAX for 2nd install. 1999/00 5191. 05 1,304, total misc. bills see attached addendum for breakdown 30 130§, RICHMOND SANITARY LIEN RICHMOND SANITRY 378.09 Payoff of 3rd D T DALYA WYNN 35,000.00 1308, 1309, -1409 . TOTAL SETTT 4EL4ENTHAR c 8,200.741 41,879.56 . 1UNNORTH AMERICAN TITLE NECOMPANY Escrow No. : 50340002 504 . Payoff of First Trust Deed to PROVIDENT FUNDING Loan No. 0000509218 Principal Balance 82 , 389 . 50 Misc. Interest line TO 2/18/2000 18 , 950 .55 Interest Rate Lender Calendar Days 355 Starting Date 02/18/00 Ending Date 03/01/00 PerDiem Interest 23 .470000 Total Interest 281 .54 Recon/Forwarding Fee 16 . 00 Less Escrow Balance Misc Amount Due FEES DUE 5, 503 .47 Misc Amount Due FUNDS OWED 4, 868 .34 Misc Amount Due BANKRUPTCY FEES 400 . 00 Total Payoff Amount 112, 419 . 70 505 . Payoff of Second Trust Deed to IRENE FEASTER Loan No. Principal Balance 10, 000 . 00 Misc. Interest line Interest Rate Lender Calendar Days Starting Date Ending Date PerDiem Interest Total Interest Recon/Forwarding Fee Less Escrow Balance Misc Amount Due Misc Amount Due Misc Amount Due Total Payoff Amount 10, 000 . 00 a ,�� r i • Costar TO: BOARD OF SUPERVISORS � � ! County FROM: DENNIS M. BARRY, AICD •�•, DIRECTOR OF COMMUNITY DEVELOPMENT rA yr r DATE: June 13 , 2000 SUBJECT: Request to Extend the Period for Filing a Final Map Subdivision 7535 (Byron Area) (Dist. V) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Grant the request to extend the period for filing the Final Map. The period would be extended to June 30, 2002 . FISCAL.-IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On November 6, 1990, the Board of Supervisors approved a vesting tentative map for this subdivision which authorized the division of 453 acres located south of the Town of Byron, adjacent to Alameda County, into 20 lots . Because this property involves a Land Conservation (Williamson Act) Contract, and the request was to create parcels smaller than 40 acres in area, State law required that it be heard by both the Planning Commission and the Board of Supervisors . The 1990 approval of the Board of Supervisors established a three- year period for filing a final map. In 1993 , the East County Regional Planning Commission granted a three-year extension of the period for filing a final map to November 6, 1996 . Pursuant to Government Code provisions, the filing period has qualified for automatic extensions as follows : CONTINUED ON ATTACHMENT: X _ YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -/APPROVE OTHER SIGNATURE(S) : ACTION OF BO ON . 2 20 APPROVED AS RECOMMENDED XX OTHER 4.11 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A __XX_ UNANIMOUS (ABSENT - -- - - - - TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Bob Drake [ (925) 335-12141 Orig: Community Development Department ATTESTED___ June 20 2000 cc: DeBolt Civil Engineering PHIL BATCHELOR, CLERK OF Bruns Properties THE BOARD OF SUPERVISORS Public Works Dept. AND O ADMINISTRATOR County Counsel c: \wpdoc\sub7535 .bo BY DEPUTY RD\ § 66452 . 11 Two-year extension because the map was active as of September 13 , 1993 . § 66452 . 13 One-year extension because the map was active as of May 15, 1996 . § 66452 . 6 (b & f) A 229-day extension for a "development moratorium" caused by public agency processing of applicant submittals for related project approvals . Reference 5/4/2000 letter from DeBolt Civil Engineering, and 5/25/00 CDD response. Aggregately, these extensions have extended the filing period for this project to June 30, 2000 . 1997 Modification of Tentative MapAp rove In 1997, the applicant applied to the County for a modification of the tentative map approval . That modification proposed an omission of a portion of the original subdivision, and reconfiguration of some of the proposed lots . The modification was heard and approved by the County Planning Commission on May 27, 1997 . Present _ReZiest to Extend the Filing Period In a letter dated May 4, 2000, the applicant is requesting that the County grant a two-year extension of the filing period. Section 66452 . 6 (e) of the Government Code authorizes the County to grant extensions of the filing period up to five years . In 1993 , the County already granted a three-year extension. If this request is granted by the Board, then the County will not be able to grant any further discretionary extensions of the filing period. -2- Dennis Community Contra Community ty De of pfinent Director Development Costa Department County County Administration Building ..z L. 651 Pine Street 4th Floor,North Wing ' Martinez,California 94553-0095 (925) 335-1214 ,••R.. a Phone: r©'SrA`cZs�K'.ter May 25, 2000 Eugene DeBolt DeBolt Civil Engineering 811 San Ramon Valley Boulevard Danville, CA 94526 Dear Mr.'D olt: G�•�.�--- Re: Acknowledgement of Extension of Final Map Filing Period Due to"Development Moratorium" Subdivision 7535 (Byron area; Bruns Properties) (Your Job No.90127) This is in response to your letter of May 4, 2000 (1)noting the processing turnarounds for your final map submittals with the County, and(2)requesting that the County grant an additional two year period for filing a final map for this project. Based on the information you have provided, we have determined that your project was subject to a "development moratorium"pursuant to Section 66452.6 (b&f) of the Government Code,thus extending(tolling) the period for filing a final map a total of 229 days. Thus, the current expiration date for filing the final map has now been extended to June 30, 2000. We will also be presenting your request for extension of the filing period of the final map to the Board of Supervisors in the near future. We will send you a copy of the staff report when it is available. Should you have any questions, please call me at(925) 335-1214. Sincerely, A ROBERT H. DRAKE Principal Planner cc: Public Works Dept., Engineering Services Div. Pile cAwpdoclsub7535.1tr RD\ Office Hours Monday- Frday:8:00 a.m.-5:00 p.m. TO: BOARD OF SUPERVISORS CONTRA ..;, FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR COSTA DATE: June 20, 2000 : a _ COUNTY SUBJECT: Juvenile Hall Renovation, Tamalpais Wing, 202 Glacier Drive, Martinez (WH399B) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS) DETERMINE that there is a need to continue the emergency action taken by the Board on August 10, 1999 pursuant to Public Contract Code Sections 22035 and 22050, to complete the Juvenile Hall Renovation, Tamalpais Wing project at 202 Glacier Drive, Martinez. FINANCIAL IMPACT Funding for this project has been budgeted. Per the Board's authorization on August 10, 1999, County Counsel is pursuing appropriate legal remedies against Patrick M. Donaghue, Insurance Company of the West and any other parties responsbile for damages and expenses incurred by the County in excess of the previous construction contract balance. BACKGROUND 1. On December 1, 1998, the Board awarded the construction contract for the Juvenile Hall Renovation, Tamalpais Wing (Tamalpais) project, located at 202 Glacier Drive, Martinez to Patrick M. Donaghue (Donaghue) for $1,034,570. The contract required the placement of a considerable amount of exposed concrete within specified tolerances, consistent with industry standards. 2. Donaghue performed extensive concrete work that was seriously defective. The resulting work threatened to compromise the security and appearance of the facility. Donaghue repeatedly failed to either remove the defects or develop a viable plan for their correction. On August 10, 1999, the Board declared Donaghue to be in material breach and terminated Donaghue's rights under the contract. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION Oft BO TEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON June 2U. 203 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A 2Q1 UNANIMOUS(ABSENT - - - - ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Junes 20- 2000 PHIL BATC ELOR,CLERK OF THE BOA SUPER SOBS BY ,DEPUTY Contact: cc: See Page 2 BACKGROUND (continued] 3. On August 10, 1999, the Board declared that, due to the public safety threat posed by the temporary closures at the project, and due to the possible loss of state grant funding, a state of emergency exists. Furthermore, the Board delegated authority to the County Administrator or designee to complete the project and to enter into contracts without the need to re-solicit competitive bids. 4. The County received the bonding company's (Insurance Company of the West; "ICW') response to the County's claim on November 5, 1999. In its response, ICW recognized the seriousness of the defective work and recognized that it likely will cost the County at least $510,985.05 over and above the contract price to fix the defective work. Despite this, ICW gave two unreasonable alternatives to the County—either accept back the original contractor (Donaghue) who did the defective work or accept a "low ball" payment of $118,004.31. ICVVs bad faith response amounts to a rejection of the County's claim. Therefore, the County is left with no viable choice but to hire its own contractor to properly complete the contract work in strict accordance with the plans and specifications. This will involve removing the defective construction down to the slab and rebuilding the concrete from that point up. 5. On November 30, 1999, the County Administrator's Office executed a contract with Taber Construction of Martinez for the completion of the project, and issued a Notice to Proceed effective December 6, 1999. The contract amount is $1,198,435, and the contract duration is 150 calendar days. Contact: George Roemer, CAO—County Construction Administrator (5-1055) cc: CAO Finance Auditor/Controller GSD (Accounting)—Terry Mann O'Brien-Kreitzberg Inc. (via CAO) C. « Contra Cha TO: REDEVELOPMENT AGENCY ty FROM: JAMES KENNEDY DEPUTY DIRECTOR - REDEVELOPMENT DATE: JUNE 20, 2000 SUBJECT: MCAVOY ROAD RAILROAD CROSSWG IMPROVEMENTS, BAY POINT REDEVELOPMENT PROJECT AREA SPECIFIC REQUEST(S)OR RECOMMENDATIONS(S) &BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE the Deputy Director-- Redevelopment to execute a contract, not to exceed $25,000 between the County Redevelopment Agency and the Union Pacific Railroad Company for the construction improvements of the McAvoy Road railroad crossings located in the Bay Point Redevelopment Project Area. FISCAL IMPACT No General fund money will be used on this project. The total estimated contract amount is$25,000, and will be funded out of Tax Increment Revenues as shown on the adopted FY 1999-2000 budget. CONTINUED ON ATTACHMENT YES SIGNATURRE- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE "APPROVE OTHER SIGNATURE(S): ACTION OF BO ON June 20, 2000 APPROVED AS RECOMMENDED Z OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A X UNANIMOUS(ABSENT none } TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT:.„ ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN Contact: Maureen Toms 335-1250 cc: Community Development Department ATTESTEDJune 20, 2000 Redevelopment Agency PHIL BATCHELOR,CLERK OF THE County Administrator BOARD OF SUPERVISORS AND Public Works Department COUNTY ADMINISTRATOR BY EPUTY BACKGROUND/REASONS FOR RECOMMENDATIONS A major Redevelopment activity in Bay Point is to improve and upgrade the existing infrastructure. McAvoy Road connects the Bay Point community to the waterfront, and sections of the crossing are very substandard, The Union Pacific Railroad Company and the Contra Costa County Redevelopment Agency entered into an agreement in 1997 to improve the crossing of two tracks owned and operated by Union Pacific. Since that time, Union Pacific acquired the third rail line that runs across McAvoy Road. Union Pacific has agreed to make permanent improvements to the crossing of the third set of tracks with financial participation from the Redevelopment Agency. Union Pacific will be contributing approximately $14,000 to this project. These improvements will provide safe access for residents of and businesses in the Redevelopment Project Area, in addition to enhancing a major local economic development element. W:\Personal\Bay Point\McAvoyBO.doc