HomeMy WebLinkAboutMINUTES - 06032003 - C27 6. P
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on JUNE 03, 2003 , by the following vete:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
ABSENT: NONE
ABSTAIN: NONE
DISTRICT III SEAT VACANT
SUBJECT: CLYDE ROAD EXTENS IONS. EXTEND ESSEX STREET AND MIDDLESEX STREET
FROM NORMAN AVENUE TO PORT CHICAGO HIGHWAY, CLYDE AREA.
PROJECT NO. 0662-684079
RELITED: RELIS'IED TO UNDETERMINED DATE IN JULY.
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
Attested: JUNE 03, 2003
John Sweeten, Clerk of the Board
Of Supervisors and County Administrator
By:
Deputy Clerk
i.,TV•
BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 3, 2003
SUBJECT: Clyde Road Extensions. Extend Essex Street and Middlesex Street from Norman Avenue
to Port Chicago Highway. Clyde Area. [CP#02-101]
Project No. 0662 684070 Task: ACQ
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE Letter of Understanding dated March 27, 2003 from Union Pacific Railroad
Company.
B. AUTHORIZE Public Works Director, or designee, to execute said Letter of Understanding
on behalf of the County.
II. Reasons for Recommendations and Background:
Contra Costa County intends to purchase from Union Pacific Railroad Property, the real property
described in Exhibit "A" and shown on Exhibit "B" attached hereto, for a trail and extension of
Essex and Middlesex Streets in the community of Clyde, California. This Letter is required for
the County to proceed with the purchase of the property for the project, in accordance with the
approved plans and specifications.
IV. Consequences_of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
Continued on Attachment: SIGNATUR
P,-RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
SIGNATURE(S):
ACTION OF BOA N JUNE 03, 2003 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this is a true and correct
copy of an action taken and entered on the
DISTRICT III SEAT VACANT minutes of the Board of Supervisors on the
CP-eh date shown.
G:1GrpData\RealPropl2003-Files\BOs&RESi80.2UPRR.doc JUNE 03 2003
Orig.Div: Public Works(RIP) ATTESTED: s
Contact: C Pecdanti(313-2222) JOHN SWEETEN,Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-Controller(via RIP)
P.W.Accounting By Deputy
Reorder(via RIP)
S Eppedy,PW Special District
A.Schaal,PW Transportation Engineering
Senior Board Orders Clerk,Adm.
Y
UNION PACIFIC RAILROAD COMPANY
Contra Costa County, California
EXHIBIT "A"
A STRIP OF LAND SIXTY FEET IN WIDTH IN THE STATE OF CALIFORNIA,
COUNTY OF CONTRA COSTA,THE CENTER LIME OF WHICH IS DESCRIBED
AS FOLLOWS:
COMMENCING AT STA. "L" 1190+48 OF SAID RAILWAY SURVEY A POINT IN
THE NORTHERLY FENCE LINE OF RIGHT-OF-WAY OF CLAYTON &BAY
POINT RAILWAY,THENCE N.21 DEGREES 10 MINUTES. W.4256.45 FT. TO
STA. "L" 1232+64.45 B. THENCE TO THE RIGHT ON A CURVE HAVING A
RADIUS OF 955.4 FT.461.67 FT. TO STA. "L" 1237 +26.42 E. C.,THENCE N.6
DEGREES 32 MIN.EAST, 177.19 FT.TO STA. "L" 1238+95.45 EQUALS "L" 1239
+03.61 B Q:THENCE TO TIM RICHT ON A CURVE HA'V'ING A RADIUS OF
955.4 FT. 141.89 FT.TO STA. "L" 1240+45.5 A POINT IN THE NORTHERLY
BOUNDARY OF SAID PROPERTY.
EXCEPTING THEREFROM ALL THAT PORTION LYING NORTHWESTERLY OF
THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERN LINE OF
WARWICK.STREET.
ALSO EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN PARCEL
A AND LOT 58, OF SUBDIVISION 6889,FILED OCTOBER 6,1987 IN BOOK 317
OF MAPS AT PAGES I THRU 4,CONTRA COSTA COUNTY RECORDS.
ALSO EXCEPTING THEREFROM ALL THAT PORTION LYING
SOUTHEASTERLY OF THE NORTHWESTERN LINE OF MEDBURN STREET,AS
IT NOW EXISTS,
ALSO EXCEPTING ALL THAT PORTION LYING WITHIN SUSSEX STREET.
Containing 3.746 Acres more or less.
OFFICE OF REAL ESTATE
OMAHA,NEBRASKA
WRITTEN BY;JCO
April 7,2003
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DUPUCAN DR NAL
RECEIVED
MAY 12 2003
March 17, 2003
�'UPL1vWORKS DEPT,
Pile 1835-26
SENT VIA UPS NEXT DAY AIR
Carla Peccianti
Associate Real Property Agent �r
Contra Costa County Public Works Dep)* ent
255 Glacier Drive
Martinez, CA 94553-4825
Gear Ms. Peccianti:
This letter("Agreement')confirms our understandings covering the possible sale by
Union Pacific Railroad Company("Seller")to Contra Cost County("Buyer")of Seller's interest in
certain real property ("Property")at Clyde, Contra Costa County, California.
The undersigned will recommend to Seller's Management a sale of the Property on
the following terms and conditions:
1. Description of Property:
The Property is approximately 3.746 acres as shown on the print attached hereto as
Exhibit A and made a part hereof. The legal description of the Property will be
determined by Seller from existing deed and title records, if possible. Said legal
description has been prepared by the Seller and is acceptable to the Buyer.
2. Sale Price:
The sale price ("Sale Price")for the Property shall be$52,225.010.
3. Feasibility Review/Right of Entry:
3.1. During the term of this Agreement("Feasibility Review Period"), Buyer and its agents
and contractors may enter upon the Property to perform environmental audits, soil
tests,engineering and feasibility studies of the Property. if the results of such audits,
tests or studies, or Buyer's review of title or any other matters relating to the Property
are unsatisfactory, Buyer may terminate this`Agreement by giving Seller written
notice before the end of the Feasibility Review Period. if no such written notice of
termination is given before the end of the Feasibility Review Period,the Property will
Approved by Law 05/11/04 heal Estate
MON PACIFIC RAILROAD
1800 Farnam Street,Omaha,NE 68IO2
fx.(402)997-3601
be deemed suitable for Buyer's purposes. In the event of such termination by Buyer,
then Buyer shall surrender to Seller copies of all audits, soils, engineering and any
other reports prepared for Buyer pertaining to the Property and such reports will
become the sole property of Seller without cost or expense of Seller and this
Agreement will terminate without any further force and effect,and without further
obligation of either party to the other.
3.2. Buyer's right to enter upon the Property pursuant to Section 3.1 is subject to the
following:
(a) Buyer will indemnify, defend and save harmless Seller andlor Seller's
affiliates(Seller's affiliates means any corporation which directly or indirectly
controls or is controlled by or is under common control with Seller),their
officers, agents and employees, against and from any and all liability, loss,
costs and expense of whatsoever nature growing out of personal injury to or
death of persons whomsoever, or loss or destruction of or damage to
property whatsoever,where such personal injury, death, foss, destruction or
damage arises in connection with the entry upon the Property by Buyer, its
agents or contractors prior to Closing.
(b) Buyer and Buyer's agents and contractors(collectively'Contractors")will
maintain in confidence all information, reports, and evaluations generated in
connection with any environmental assessments and will not make
disclosure without the prior written consent of Seller. if Buyer discovers
hazardous or toxic substances or materials, Buyer will immediately notify
Seller.
(c) Buyer will promptly deliver to Seller the results and copies of any and all
reports,evaluations,tests and studies generated in connection with any
environmental assessments. Prior to the issuance of any final environmental
report, Seller will have the opportunity to make comments, pose questions
and offer recommendations to the Contractor preparing the report.
(d) Buyer agrees to indemnify, defend and hold harmless Seller against and from
any and all liens, claims, demands, costs and expenses of whatsoever
nature in any way connected with or growing out of any work done, labor
performed or materials furnished at the Property on behalf of Buyer prior to
Closing.
(e) if the sale of the Property does not close, Buyer will, as soon as possible and
at Buyer's sole expense, restore the Property to the same condition it was in
immediately prior to the time Buyer entered the Property, failing in which
Seller may perform the work of restoration and Buyer will reimburse Seller
within thirty(30)days after rendition of bill by Seller.
3.3. Absence of markers is not a warranty by Seller of no subsurface installations. Fiber
optic systems, pipelines, and other structures may be buried on the Property. Before
any diggingldrillinglexcavation, the following procedures will be followed by Buyer
and Buyer's Contractors:
Approved by Law 05111/00 2
(a) Protection of any fiber optic cable systems is of extreme importance since
any break could disrupt service to users resulting in business interruption and
loss of revenue and profits. Buyer will telephone 1-800-336-9193(a 24-hour,
7-day number for emergency calls) during normal business hours(7 A.M. to
9 P.M., CT, Monday-Friday, except holidays)to determine if any fiber optic
cable is buried on the Property. If it is determined that fiber optic cable is
buried on the Property, Buyer shall promptly inform Seller, at the address at
the top of this Agreement, of the results of its investigation.
(b) Before drilling or excavating with mechanized equipment, Buyer will explore
with hand tools to a depth of at least eight(8)feet below the surface or will
use suitable detection equipment.
3.4. Notwithstanding any provisions in this Agreement to the contrary, if this Agreement is
terminated for any reason whatsoever, Buyer will remain obligated to comply with the
provisions of Sections 3.1 and 3.2 and Seller will retain all of its remedies for Buyer's
default under Sections 3.1 and 3.2.
4. As Is Sale-Release-Indemnity:
4.1. Prier to the Closing Hate, Buyer will have the opportunity to make such inspections of
the Property and matters related thereto as Buyer desires, including,without
limitation, governmental laws and regulations to which the Property is subject,the
title to the Property, and the suitability or fitness of the Property for Buyer's proposed
use. Buyer acknowledges and agrees that the Property is to be sold and accepted by
Buyer in an "AS lS"condition, with all faults, and Buyer acknowledges that the
Property may have been used for railroad and/or industrial purposes, among other
uses. Buyer agrees that any information Buyer may receive from Seller or its agents
concerning the Property(including, but not limited to, any lease or other document,
engineering study or environmental assessment) is furnished on the condition that
Buyer will make an independent verification of the accuracy of the information. Seller
does not make any representations or warranties of any kind whatsoever, either
express or implied, with respect to the Property; in particular,without limitation, Seller
makes no representations or warranties with respect to the use, condition,title,
occupation or management of the Property, or compliance with applicable statutes,
laws, codes, ordinances, regulations, requirements(collectively"Condition of the
Property"). Buyer acknowledges that it is entering into this Agreement on the basis
of Buyer's own independent investigation of the physical and environmental
conditions of the Property. Buyer assumes the risk that adverse physical and
environmental conditions may not have been revealed by its investigation.
4.2. FROM AND AFTER CLOSING,BUYER WILL RELEASE SELLER,AND,TO THE
MAXIMUM EXTENT PERMITTED BY LAW, INDEMNIFY, DEFEND AND SAVE
HARMLESS SELLER, ITS AFFILIATES,THEIR EMPLOYEES,AGENTS,
OFFICERS,SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL
SUITS,ACTIONS, CAUSES OF ACTION, LEGAL OR ADMINISTRATIVE
PROCEEDINGS, CLAIMS, DEMANDS, FINES, PUNITIVE DAMAGES, LOSSES,
COSTS, LIABILITIES AND EXPENSES, INCLUDING ATTORNEYS- FEES, IN ANY
WAY ARISING OUT OF OR CONNECTED WITH THE KNOWN OR UNKNOWN
CONDITION OF THE PROPERTY(INCLUDING,WITHOUT LIMITATION,ANY
CONTAMINATION IN, ON, UNDER OR ADJACENT TO THE PROPERTY BY ANY
Appmved by Law 45/11/00 3
HAZARDOUS OR TOXIC SUBSTANCE OR MATERIAL), OR ANY FEDERAL,
STATE OR LOCAL LAW,ORDINANCE, RULE OR REGULATION APPLICABLE
THERETO, INCLUDING,WITHOUT LIMITATION,THE TOXIC SUBSTANCES
CONTROL ACT,THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT,AND THE RESOURCE CONSERVATION
AND RECOVERY ACT. THE FOREGOING WILL APPLY REGARDLESS OF ANY
NEGLIGENCE OR STRICT LIABILITY OF SELLER, ITS AFFILIATES, OR THEIR
EMPLOYEES,AGENTS OR OFFICERS.
4.3. The provisions of this Section 4 will survive the delivery of the deed and will bind and
inure to the benefit of the parties hereto,their heirs, successors and assigns.
S. Escrow,Title Insurance and Abstract of Title:
5.1. Seller will not furnish title insurance or an abstract of title to the Property. Buyer may,
at its sole option and expense, obtain a preliminary title report("PTR)in order to
review the status of title to the Property during the Feasibility Review Period. If Buyer
obtains a PTR, a copy will be delivered to Seller. Seller has no obligation to cure any
title defects or to assist Buyer in obtaining title insurance.
5.2. If Buyer desires title insurance, Buyer shall pay the cost of any title insurance and
any endorsements or changes to the title policy desired by Buyer. If an escrow is
used, Buyer shall pay any and all fees relating to the escrow, including, but not
limited to, any City and/or County Transfer Taxes and recording fees.
6. Form of Deed; Reservations:
6.1. At Closing, Seller will transfer Seller's interest in the Property to Buyer by Quitclaim
Deed, subject to all outstanding rights,whether or not of record. Seller will reserve
from the transfer all minerals and mineral rights without right of surface entry.
7. Existing Agreements:
7.1. If any lease or "Use Rights" (license or other rights to use the Property) affects only
the Property(whether identified by Seller before or after execution of this
Agreement), Seller's rights and obligations under any such identified lease or Use
Right will be assigned to and assumed by Buyer at or after Closing.
7.2. Buyer acknowledges that the Property may be subject to unidentified Use Rights. It
is the responsibility of Buyer to determine if any of these unidentified Use Rights
exist.
8. Closing -Default:
8.1. Closing will occur on or before July 25, 2003 ("Closing Date"). The Closing will be
deemed to occur upon payment of the Sale Price by cashier's or certified check, and
delivery of the deed.All Closing costs, including transfer taxes and excise taxes,will
be paid by Buyer.
Approved by Law£5111/00 4
t
8.2. If Closing fails to occur due to default by Seller, Buyer may terminate this Agreement
as Buyer's sole remedy against Seller. In the event of such termination, neither
Seller nor Buyer vAll have any further liability hereunder.
9. Prorations:
Local property taxes, if any, and other assessments due and payable in the year of Closing,
as well as rental under any leases or Use Rights that are being assigned,will be prorated as
of the date of Closing. Buyer will assume any installments of assessments not yet due and
payable.
10. Negotiations--Brokers and Finders:
Negotiations relative to this transaction have been carried on by both parties without the
intervention of any person which will give rise to any valid claim against either of the parties
hereto, for brokerage commission or other like payment. Each party hereto shall indemnify
and hold harmless the other party against and from any and all claims for brokerage
commission or other like payments arising out of the transaction contemplated by this
Agreement and occasioned by the indemnifying party.
11. SubdivislonlPlatting Compliance:
Buyer represents to Seller that compliance with the California Subdivision Map Act will not be
required due to the exemption for sales to public entities.
12. Seller's Management Approval:
BUYER ACKNOWLEDGES THAT NEITHER.THIS AGREEMENT NOR THE
NEGOTIATIONS LEADING TO THIS AGREEMENT CREATE ANY OBLIGATION ON THE
PART OF SELLER TO SELL THE PROPERTY TO BUYER UNLESS THIS AGREEMENT
IS APPROVED IN ACCORDANCE WITH SELLER'S MANAGEMENT POLICY
STATEMENT. IF SUCH APPROVAL IS NOT GIVEN AND COMMUNICATED TO BUYER
BY THE CLOSING DATE,THIS AGREEMENT WILL TERMINATE AND NEITHER PARTY
WILL HAVE ANY FURTHER OBLIGATION.
If you agree with the foregoing terms and conditions with respect to the possible
purchase of the Property, please indicate your acceptance of these terms and conditions by signing
in the acceptance space provided below and returning one copy to Lisa L. Burnside, at the address
listed at the top of this letter, in order that it is received by Seller no later than Junel 3, 2003. Please
also indicate below how you wish to take title. If you should have any questions, please call Lisa
Burnside at(402) 997-3596 or e-mail at LLBumsi@up.com.
Sincer I
l�
Ted Stenstrom
Director-Real Estate
Approvtd by Law 05111/00 5
ACCEPTED AND AGREED THIS DAY OF , 2003.
CONTRA COSTA COUNTY, LIFORNIA
i
BY:C,' l �
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Title to the Property will be taken as follows:
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Approved by Law 05111100 6
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