HomeMy WebLinkAboutMINUTES - 04202004 - C8 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
[SATE: April 20, 2004
SUBJECT: APPROVE and AUTHORIZE the Public Warks Director, or designee, to execute the
Purchase and Sale Agreement and ACCEPT the Grant Deed from Illinois Tool Works Inc.,
in connection with the Port Chicago Highway Widening and Intersection Improvement
Project, Bay Point Area. District V. [CDD-CP# 00-56]
Project No. 0662-684251 Task: ACQ Account: 3540
SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
t. Recommended Action:
A. APPROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed dated April 5,
2004 from Illinois Tool Works Inc.
B. AUTHORIZE the Public Works Director to execute said Purchase and Sale Agreement on
behalf of the County.
C. APPROVE the payment of $38,000.00 for said property rights and AUTHORIZE the
Auditor-Controller to issue a check in said amount payable to Old Republic Title Company,
3000 Clayton Rd., Concord, CA 54519, Escrow No. 302386-CO to be forwarded to the
Real Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in
the Office of the County Recorder.
V
Continued on Attachment: X SIGNATURE: y
a'"..� RECOMMENDATION OF COUNTY.ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
--APPROVE ,:`# �OTHER
ACTION OF BOAN PR L 20, 2004 APPROVED AS RECOMMENDED XX OTHER_
V(W OF SUP4F1/ISORS
UNANIMOUS (ABSENT NODE ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
date shown.
DRA:eh APRIL 20 2004
G:\GrpData\RealProp\2004-Files\B OS&RES\405041TW Illinois Tool WorKs.doc ATTESTED: i
Orig. Div: Public works(WP) JOHN SWEETEN, Clerk of the Board of
Contact: D.Awenius(313-2227) Supervisors and County_Administrator
Recording to be completed by PW
By , Deputy
cc: County Administrator
Auditor-Controller(via RIP)
P.W.Accounting
L. Dalziel, Beard Orders Clerk Specialist,Adm.
Subject: Port Chicago Highway Widening and Intersection Improvement Project
Date: April 20, 2004
Page No. 2
11. Financiallmpact:
The activity is funded by the Redevelopment Agency (51%), the Navy Mitigation (31°la), and the
Bay Point Area of Benefit (18%).
Ill. Reasons for Recommendations and Background:
These property rights are required for the Port Chicago Highway Widening and Intersection
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.
Recorded at the request of: j
Contra Costa County
Return to:
Contra Costa County
Public Works Department 0 5 cK
Real Property Division
255 Glacier Drive (VJ
Martinez, CA 94553 � � r
Attn: Dick R. Awenius
Assessor's Parcel No. 098-250-014 (portion)
Title Co. Order No. 302386
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, ILLINOIS TOOL WORKS INC., a
Delaware corporation ("Granter"), hereby GRANTS to CONTRA COSTA COUNTY, a political
subdivision of the State of California ("Grantee"), the following: (i) the real property, and all
improvements located thereon, described as Parcel 5 on Exhibit "A" attached hereto; (ii) a
permanent easement over, upon, across, and through the parcel of real property described as
Parcel 6 on Exhibit "A" attached hereto, for slope, drainage, and utility purposes; and (iii) a
temporary construction easement ("TCE") over, upon, across, and through the parcel of real
property described as Parcel 7 on Exhibit "A" attached hereto, which TCE shall terminate upon
completion of construction of the roadway and storm sewer line improvements to be installed by
Grantee on Parcels 5 and 6, or on December 31, 2007, whichever occurs first. The property
described on Exhibit"A"is located in the unincorporated area of the County of Contra Costa,State
of California.
GRANTOR
ILLINOIS TOOL WORKS INC., a Delaware
oration
Date � �.r�
Wc
1M aum,in i e-President
/j
By 4.4 i"---
ames H. o Jr.,
ssist ec
ATTACH APPROPRIATE ACKNOWLEDGMENT
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t
Port Chicago Highway
Illinois Tool Works Inc.
t APN 098-250-014
! 'wc Drawing RW3481C-2001
UWTS ARE WMIC
U"M OYN€RIIS€NOVO
EXHIBIT "A"
Parcel 5 (Fee Title)
Real property in an unincorporated area of the County of Contra Costa,State of California,Being a
portion of Section 10 Township 2 North,Range 1 West Mount Diablo Meridian,also being a portion
of the parcel of land described in the deed from Acme Steel Company, formerly known as Interlake
Inc.,to Acme Packaging Corporation,dated December 29, 1991 and recorded December 30, 1991 in
Book 17116 of Official Records at Page 637 Contra Costa County Records, described as follows:
Commencing on the east line of the 7.00 feet in width strip of land described in the deed from Ida
Manning,et al,to Contra Costa County,recorded April 7, 1896 in Volume 73 of Deeds at page 4,at
the south line of the 5.41 acre parcel of land described in the deed from F. E. Vlach, et ux, to
Oakland,Antioch&Eastern Railway,dated November 7, 1912, and recorded November 9, 1912 in
Volume 187 of Deeds, at page 360;thence along said east line south 0°43'30"west 324.307 meters
to the Point of Beginning; thence from said Point of Beginning south 89°16'30"east 1.603 meters to
a point which shall hereinafter be referred to as point "B"; thence north 0°43'30" east 132.611 .
meters; thence south 89°16'30"east 0.700 meters;thence north 0°43'30"east 19.789 meters;thence
north 89°16'30" west 2,303 meters; thence south 0°43'30" west 152.40 meters to the Point of
Beginning.
Containing an area of 258 square meters of land, more or less.
Parcel 6 (Slope, Drainage & Utility Easement
Beginning at point"B" as described in Parcel 5 above; thence from said Point of Beginning south
89°16'30"east 1.200 meters;thence north 0°43'30"east 104.000 meters;thence south 89°16'30"east
4.500 meters; thence north 0°43'30" east 48.400 meters to a point on the north line of said Acme
Packaging Corporation (17116 or 637); thence along said north line north 89°16'30" west 5.000
meters; thence leaving said north line south 0°43'30"west 19.789 meters; thence north 89°16'30"
west 0.700 meters;thence south 0°43'30"west 132.611 meters to the Point of Beginning.
Containing an area of 386 square meters of land, more or less.
Parcel 7(Temporary Construction Easement) to expire at the end of construction or December
31, 2007, whichever occurs first.
r
i
i
Commencing at point`°B"as described in Parcel 5 above;thence south 89°16'30"east 1.200 meters
to the Point ofBeginning; thence from said Point of Beginning south 89°16'30"east 1,900 meters;
thence north 0143'30" east 62.00 meters; thence south 89°16'30" east 2.000 meters; thence north
0°43'30"east 39,212 meters; thence south 89° 16'30"east 4.700 meters; thence north 0°43'30"east
51.188 meters to a point on the north line of said Acme Packaging Corporation (17116 or 637);
thence along said north line north 89'16'30"west 4.100 meters;thence leaving said north line south
0°43'30"west 48.400 meters;thence north 89°16'30"west 4,500 meters;thence south 0°43'30"west
104.000 meters to the Point of Beginning.
Containing an area of 493 square meters of land, more or less.
Bearings are based on the California Coordinate System Zone III(CCS27). Distances given are grid
distances. To obtain ground distance, multiply distance given by 1.0000580.
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U.S, survey
foot. Areas shown are in square meters, multiply areas shown by 10.764 to convert to square feet.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature: X 13
Licensed Land Surveyor ,
Contra Costa County Public Works * EXPI 9/301 �k
L.S.6571
-31 Date:
ERP:JS:KT
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Parcel Number: 098-250-014 (portion) Grantor: Illinois Tool Works Inc.
Project Name: Port Chicago Highway Bike Path Project Meiling Address: 3600 West Lake Avenue
Project Number: 0662-684251 Glenview, IL 60025
PURCHASE AND SALE AGREEMENT BETWEEN
CONTRA COSTA COUNTY
AND
ILLINOIS TOOL WORKS INC.
This Agreement is entered into by and between CONTRA COSTA COUNTY, a political subdivision of the State
of California+� (hereinafter "County") and ILLINOIS TOOL WORKS INC., a Delaware corporation, (hereinafter
iiGra ltor").
{� RECITALS
Grantor is the owner in fee of three strips of land measuring approximately 258.1, 386.2, and 493.1 square
meters located in Contra Costa County, California and described, and referred to herein, as Parcel 5, Parcel 6,
and Parcel 7, respectively, on Exhibit"A," as attached hereto and incorporated herein by reference. County now
desires to acquire fee title to Parcel 5 ("Parcel 5 Pee"), a surface and subsurface Slope, Drainage, and Utility
Easement over Parcel 6 ("Parcel 6 S, D & U Easement"), and a Temporary Construction Easement over Parcel
7 ("Parcel 7 TCE") to complete both road improvements and the installation of an approximately eighty-four inch
(84")diameter drainage pipe (the "Project"). The Parcel 5 Fee, the Parcel 6 S, D & U Easement, and the Parcel
7 TCE shall together also be known as "the Property," and are shown on Exhibit"B"attached hereto and made a
part hereof.
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Effp_ iv_ Date. It is understood that this Agreement is subject to approval by County's Governing Board,
and shall be effective on the date approved by said Governing Board ("Effective Date"). This
Agreement will be submitted to the Grantor first for approval, and thereafter to County's Governing Board.
2. Purchase and Rai. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and
County agrees to purchase the Property.
3. Purchase Pr . The purchase price for the Property shall be Thirty-Eight Thousand and No/100 Dollars
($38,000) ("Purchase Price").
3.1. All ad valorem real property taxes and any penalties and costs thereon, and all installments of any
bond or assessment that constitutes a lien on the Property shall be cleared and paid by Grantor
as of the date title shall vest in County by the recordation of the deed herein pursuant to Sections
4986, 5082, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of
the date title vests.
4. Cnodi inng fn Cmin 'c Pe&krmanca. The County's obligation to perform under this Agreement is
subject to the following conditions:
4.1. Grantor's representations and warranties in this Agreement being correct as of the date of this
Agreement and through the Close of Escrow, as defined hereinbelow.
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4.2. Grantor's performance of all obligations under this Agreement.
4.3. The vesting of title in the County to the Parcel 5 Fee land, described herein, in fee simple
absolute, and the Parcel 6 S, D & U Easement and Parcel 7 TCE interests, by Grant Deed
substantially in the form attached hereto as Exhibit "C," free and clear of all liens, encumbrances,
assessments, leases (recorded and/or unrecorded), and taxes except exceptions of title 7, 8, 9,
10, and 11 ("Approved Exceptions"), as outlined in that Seventh Updated Preliminary Title
Report dated January 21, 2004, issued by Did Republic Title Company.
4.4 The Old Republic Title Company's being prepared to issue a CLTA title insurance policy in the
full amount of the Purchase Price, subject only to the Approved Exceptions ("Title Policy").
If County determines that any of these conditions have not been met, County shall have the right to
terminate this Agreement by delivering written notice to Grantor and, if applicable, the Escrow agent.
5. Enarnw. By this Agreement, County and Grantor establish an escrow ("Escrow") with Old Republic Title
Company, 3000 Clayton Road, Concord, California, their Escrow No. 302386-CO ("Title Company").
Grantor hereby authorizes County to prepare and submit escrow instructions to said Title Company i
substantially that form attached hereto as Exhibit "D," in accordance with this Agreement. This includes
authorization of the Title Company to withhold pro rata taxes, liens and assessments on the Property
conveyed.
5.1. Fees and Title Insuran .e. The County shall pay all escrow and recording fees incurred in this
transaction and, if title insurance is desired by the County, the premium charged therefor.
5.2Grantor's Deposit into Escrow. On or before the Close of Escrow, Grantor will deliver into Escrow
with the Title Company the following documents:
A. A Grant Deed, in recordable form and properly executed on behalf of Grantor, in a form
approved by County ("Grant Deed") conveying to County the Parcel 5 Fee in fee simple
absolute, and conveying to County the Parcel 6 S, D & U Easement and the Parcel 7 TCE.
subject only to the Approved Exceptions.
B. Copies of any effective leases, rental agreements or any other agreements, if any, which
the County has agreed in writing are to remain in effect after County takes title.
C. Grantor's affidavit of non-foreign status as contemplated by Section 1445 of the Internal
Revenue Code of 1986, as amended [26 USCA §1445] ("FIRPTA Affidavit"); and
D. Grantor's affidavit as contemplated by the Revenue and Taxation Code § 18662
("Withholding Affidavit").
5.3. Deposit of Purchase Pric Inn Esrmw by Cotioly. Prior to the Close of Escrow, County will
deposit the Purchase Price into Escrow with the Title Company.
5.4. Close of Fg _Mw. Escrow shall close upon the conveyance of the Property to the County ("Close
of Escrow). On the closing date, the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the County care of Dick R. Awenius, Senior
Real Property Agent for the County(which shall be deemed delivery to the County);
B. Issue the Title Policy, if requested to do so by the County;
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C. Prorate taxes, assessments, rents and other charges as provided by this Agreement;
D. Disburse to the Grantor the Purchase Price, less prorated amounts and charges to be paid
by or on behalf of Grantor, and
E. Prepare and deliver to the County and to the Grantor one signed copy of the Title
Company's closing statement showing all receipts and disbursements of the Escrow.
If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title
Company shall notify the Grantor and the County and retain all funds and documents pending receipt of
further instructions from the County and Grantor.
6. rrantar'S Ranragpntatinns and warranties. Grantor makes the following representations and
warranties with the understanding that these representations and warranties are material and are being
relied upon by County. Grantor represents and warrants to the County that as of the Effective Date of
this Agreement, and continuing to the Close of Escrow, as defined herein:
6.1 Marketable Title. Grantor is the owner of the fee simple title to land referred to herein as the
Property, clear of restrictions, leases, liens and other encumbrances, subject only to the Approved
Exceptions defined herein. Except for the Approved Exceptions, no leases, licenses, or other
agreements allowing any third party rights to use the Property are or will be in force unless prior
consent has been given by County in writing. Commencing with the full execution of this
Agreement by both parties, and until the Close of Escrow, Grantor shall not permit any liens,
encumbrances or easements to be placed on the Property other than the Approved Exceptions,
nor shall Grantor enter into any agreement that would affect the Property that would be binding on
County after the Close of Escrow without the prior written consent of County.
6.2 Condition of Prov. Grantor has disclosed to County all written environmental reports obtained
by Grantor in connection with its acquisition of the Property as set forth in Exhibit "E" attached
hereto and made a part hereof(the "Environmental Reports").
6.3 tither Matters AffPcti_ng the Prnpprty. Except for the County's pending condemnation action with
respect to portions of the Property, to the best of Grantor's knowledge, there are not presently any
actions, suits, or proceedings pending or threatened against or affecting the Property, or the
interest of Grantor in the Property, or its use that would affect Grantor's ability to consummate the
transaction contemplated by this Agreement. Further, to the best of Grantor's knowledge, there
are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of
the Property. Grantor shall promptly notify County of any of these matters arising in the future.
6.4 Gran nr'c Agmen .yy. That this Agreement and all other documents delivered prior to the Close of
Escrow have been authorized, executed, and delivered by Grantor; are binding obligations of the
Grantor; and are collectively sufficient to transfer all of Grantor's rights to the Property.
6.5 "As-is" Condition of Proms. With the exception of the foregoing representations and
warranties, County acknowledges and agrees that it is purchasing the Property in reliance on its
own investigations and not in reliance on any representations or warranties of Grantor, except
those set forth in this Agreement, and that it is purchasing the Property in its "as-is" condition.
Except as expressly set forth in this Agreement, it is understood and agreed that Grantor is not
making, and has not at any time made, any warranties or representations of any kind or
character, express or implied, with respect to the Property.
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7. ('altp and.Fi..ncp- Mnd"fir-atinns. As part of the Project, Grantor's existing driveway will have to be closed
during construction. In order to allow the passage of Grantor's trucks while the existing driveway is
closed, County will construct a "working" temporary driveway to a condition that will accommodate
Grantor's unusually heavy trucks. The general specifications and location of the temporary driveway shall
be as approved by Grantor, which approval shall not be unreasonably withheld, nor shall such Grantor
approval cause unreasonable delay of County's project. Construction of the temporary driveway will
require the removal of a portion of the existing fence, grading a portion of the existing lawn, laying down
aggregate base, installing temporary fencing, and minor tree trimming to allow the passage of trucks.
The area altered by the temporary driveway will be returned to a condition as good or better than the
condition just prior to the start of the Project, and the original driveway will be restored at County's cost.
County will replace the fence removed as part of the installation of the bike path in a location next to the
sidewalk in order to prevent people from falling down the embankment next to the sidewalk. County shall
perform all work contemplated under this Agreement so as to minimize interference with Grantor's
business operations.
Grantor hereby authorizes County to enter onto Grantor's property to the extent reasonably necessary to
complete the construction of the temporary driveway, and other improvements.
8. County's Renras _ntatinng- and Watrranties. County warrants that, upon approval of this Agreement by
the County's governing body, this Agreement shall constitute a binding obligation of the County.
9. NntTic_t -d_E lnknown Ha -aEdmig MatArial UsA. The Grantor hereby represents and warrants that
during the period of Grantor's ownership of the Property, to the best of Grantor's knowledge there have
been no disposals, releases, or threatened releases of hazardous substances or hazardous waste on,
from, or under the Property. Grantor further represents and warrants that neither Mr. Greg Farch,
Director, Corporate Real Estate for Grantor, nor Mr. Jim Borman, former Plant Manager for Acme
Packaging Corporation, the previous owner of the Property prior to its acquisition by Grantor, and
currently employed by ITW Angleboard, have any knowledge of any disposal, release, or threatened
release of any hazardous substance or hazardous waste on, from, or under the Property, which may
have occurred prior to Grantor taking title to the property, except as may be disclosed in the
Environmental Reports.
The Purchase Price of the property being acquired in this transaction reflects the fair-market value of
the Property without the presence of contamination. If the Property being acquired is found to be
contaminated by the presence of hazardous waste, which requires mitigation under Federal or State
law, the County may elect to recover its clean-up costs from those who caused or contributed to the
contamination, or are otherwise responsible under State and Federal Law.
10. Srxititai. All of the terms, provisions, representations, warranties and covenants of the parties under
this Agreement shall survive the assignment, expiration, or termination of this Agreement, and shall not
merge in the deed or other documents following the delivery and recordation of said deed or other
documents.
11. E!QssasS,inn of the Property. Grantor hereby acknowledges that County gained possession of that
portion of the subject property described pursuant to an Order of Possession dated december 21,
2001 ("Order of Possession"), on April 8, 2002. It is agreed and confirmed by the parties hereto that,
notwithstanding other provisions in this Agreement, the right of possession and use of the portion of
the subject Property not described in the Order of Possession, including the right to remove and
dispose of improvements, shall commence on the Close of Escrow controlling this transaction and that
the amount shown in Clause 3 herein includes, but is not limited to, full payment for the possession and
use by County of the entire subject Property, including damages, if any, from said date.
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12. As_c4gnmant and Simcp-nsors. This Agreement shall inure to the benefit of and shall be binding upon
the parties to this Agreement and their respective heirs, successors, and assigns.
13. Notices. All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be
as follows:
Grantor: Illinois Tool Works Inc.
3600 West Lake Avenue
Glenview, IL 60025
Telephone: 1-847/657-4508
Attn: Director, Corporate Real Estate
County: Real Property Division
Public Works Department
255 Glacier Drive
Martinez., CA 94553
Telephone: 925/313-2227
Attn: Dick R. Awenius
or to such other addresses as County and Grantor may respectively designate by written notice to the
other.
14. n irp- ACIEBOMant. The parties have herein set forth the whole of their agreement. The performance of
this Agreement constitutes the entire consideration for said document and shall relieve the County of all
further obligation or claims on this account, or on account of the location, grade, or construction of the
proposed public improvement. Grantor has no other right or claim to compensation arising out of or
connected with the acquisition of the subject property by the County, except as specifically set forth in this
Agreement, including but not limited to all claims for compensation for improvements pertaining to realty,
all claims for compensation for fixtures, equipment or machinery, attorneys' fees, costs or damages of
every kind and nature by reason of County's acquisition of the Property and agrees never to assert such
a claim.
15. Constniction. The section headings and captions of this Agreement are, and the arrangement of this
instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions,
and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and
provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties had prepared it. The parties to this Agreement and their counsel
have read and reviewed this Agreement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this
Agreement. The Recitals are and shall be enforceable as a part of this Agreement.
16. FurthAr AsSimances. Whenever requested to do so by the other party, each party shall execute,
acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases,
powers of attorney, instruments of further assurance, approvals, consents and all further instruments and
documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers,
sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and
deliver all documents as requested in order to carry out the intent and purpose of this Agreement.
17. Wa___i_va. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a
waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing
and executed by the waiving party.
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18. S avarabiff v, If any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
19. governing Law and vpntep. This Agreement shall be governed and construed in accordance with
California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County,
California.
COUNTY GRANTOR
CONTRA COSTA COUNTY ILLINOIS TOOL WORKS INC., a
Delaware corporation.
RECOMMENDED FOR APPROVAL. By
�� 4
Russell M. Flaum,
Executive Vice-President
Y_
Dick R. Awenius,
Senior Real Property Agent B
James H. W ten, Jr.,
Assistant Se retary
BY Date:
Karen A. Laws, ( ate Signed by Grantor)
Principal Real Property Agent
APPROVED:
By C H :;�q ,e1A
Maurlce . lu,
Public Works Director
Date: �--LV - V `'
(Date of Board Approval)
NO OBLIGATION OTHER THAN"THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit "A"- Legal Description
Exhibit"B"- Plan
Exhibit"C"- Grant Deed
Exhibit"D"-Escrow Instructions
Exhibit"E"- Environmental Reports
12/2/99(FORM APPROVED BY COUNTY COUNSEL 6/99)
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Port Chicago Highway
Illinois Tool Works Inc.
APN 098-260-014
Drawing RW3481 C-2001
WIS Aft MEfpK
taNLtss OTNE U HOPED
EXHIBIT "A"
Parcel 5 (Fee Title)
Real property in an unincorporated area of the County of Contra Costa, State of California,Being a
portion of Section 10 Township 2 North,Range 1 West Mount Diablo Meridian,also being a portion
of the parcel of land described in the deed from Acme Steel Company,formerly known as Interlake
Inc.,to Acme Packaging Corporation,dated December 29, 1991 and recorded December 30, 1991 in
Book 17116 of Official Records at Page 637 Contra Costa County Records, described as follows:
Commencing on the east line of the 7.00 feet in width strip of land described in the deed from Ida
Manning,et al,to Contra Costa County,recorded April 7, 1896 in Volume 73 of Deeds at page 4,at
the south line of the 5.41 acre parcel of land described in the deed from P. E. Vlach, et ux, to
Oakland,Antioch&Eastern Railway,dated November 7, 1912,and recorded November 9, 1912 in
Volume 187 of Deeds, at page 360;thence along said east line south 0°43'30"west 324.307 meters
to the Point of Beginning;thence from said Point of Beginning south 89°16'30"east 1.603 meters to
a point which shall hereinafter be referred to as point "B"; thence north 0°43'30" east 132.611
meters;thence south 89°16'30"east 0.700 meters;thence north 0°43'30"east 19.789 meters;thence
north 89°16'30" west 2.303 meters; thence south 0°43'30" west 152.40 meters to the Point of
Beginning.
Containing an area of 258 square meters of land, more or less.
Parcel 6 (Slope
. Drainage & Utility Easement)
Beginning at point "B" as described in Parcel 5 above; thence from said Point of Beginning south
89°16'30"east 1.200 meters;thence north 0°43'30"east 104.000 meters;thence south 89°16'30"east
4.500 meters; thence north 0°43'30" east 48.400 meters to a point on the north line of said Acme
Packaging Corporation (17116 or 637); thence along said north line north 89°16'30" west 5.000
meters; thence leaving said north line south 0043'30"west 19.789 meters; thence north 8916'30"
west 0.700 meters; thence south 0°43'30"west 132.611 meters to the Point of Beginning.
Containing an area of 386 square meters of land, more or less.
Parcel 7(Temporary Construction Easement) to expire at the end of construction or December
31, 2007, whichever occurs first.
Commencing at point"B"as described in Parcel 5 above;thence south 89016'30"east 1.200 meters
to the Point of Beginning;thence from said Point of Beginning south 89016'30"east 1.900 meters;
thence north 0°43'30" east 62.00 meters; thence south 89°16'30" east 2.000 meters; thence north
0°43'30"east 39.212 meters;thence south 89° 16'30"east 4.700 meters; thence north 0°43'30"east
51.188 meters to a point on the north line of said Acme Packaging Corporation (17116 or 637);
thence along said north line north 89°16'30"west 4.100 meters;thence leaving said north line south
0°43'30"west 48.400 meters;thence north 89°16'30"west 4.500 meters;thence south 0°43'30"west
104.000 meters to the Point of Beginning.
Containing an area of 493 square meters of land, more or less.
Bearings are based on the California Coordinate System Zone IlI(CCS27). Distances given are grid
distances. To obtain ground distance, multiply distance given by 1.0000580.
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U.S. survey
foot. Areas shown are in square meters,multiply areas shown by 10.764 to convert to square feet.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
C 6 0,ND x'
Signature: �.�� s A.
Licensed Land Surveyor
Contra Costa County Public Works EXR 9/30/1 s
L.S.6571
Date: 3 /j s �'9,
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EXHIBIT "C"
Recorded at the request of:
Contra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Dick R. Awenius
Assessor's Parcel No. 098-250-014 (portion)
Title Co. Order No. 302386
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, ILLINOIS TOOL WORKS INC., a
Delaware corporation ("Grantor"), hereby GRANTS to CONTRA COSTA COUNTY, a political
subdivision of the State of California ("Grantee"), the following: (i) the real property, and all
improvements located thereon, described as Parcel 5 on Exhibit "A" attached hereto; (fl) a
permanent easement over, upon, across, and through the parcel of real property described as
Parcel 6 on Exhibit "A" attached hereto, for slope, drainage, and utility purposes; and (iii) a
temporary construction easement ("TCE") over, upon, across, and through the parcel of real
property described as Parcel 7 on Exhibit "A" attached hereto, which TCE shall terminate upon
completion of construction of the roadway and storm sewer line improvements to be installed by
Grantee on Parcels 5 and 6, or on December 31, 2007, whichever occurs first. The property
described on Exhibit"A" is located in the unincorporated area of the County of Contra Costa, State
of California.
GRANTOR
ILLINOIS TOOL WORKS INC., a Delaware
corporation
Date
By
Russell M. Flaum,
Executive Vice-President
By
James H. Wooten, Jr.,
Assistant Secretary
ATTACH APPROPRIATE ACKNOWLEDGMENT
DRA:eh
G:\GrpData\Rea[Prop\2004-Flies10 -3\323041TW Portchi Grantfleed.doc
3/25/03
DRAFT
EXHIBIT i Dyl
March 25, 2004
Raylene Mann
Old Republic Title Company
3000 Clayton Road
Concord, CA 94519
R/P-Escrow No, 302386-CC
Project: Port Chicago Highway Bike Path — Illinois Tool Works Inc. Acquisition
Project No. WO 4251
Portions of Parcel 098-250-014
Dear Ms. Mann:
Enclosed herewith is:
• An original copy of a Purchase and Sale Agreement between Contra Costa County
("County„) and Illinois Tool Works Inc. ("ITW" or "Grantor"); and
• Contra Costa County Check No. , dated , in the amount of Thirty-
Eight Thousand and No1100 Dollars($38,000.00)as the purchase price for portions of the
property covered by your 7th Updated Preliminary Report No. 302386-Cd,dated January
21, 2004.
An original, executed Grant Deed will be sent to you directly from the Grantor as to portions of
Parcel 098-250-014 to County.
You are hereby authorized to use the enclosed check to pay Illinois Tool Works Inc., as Grantor
of those portions of Parcel 098-250-014 described in Exhibit "A" thereto, (hereafter the
"Property") when title is vested in Contra Costa County, free and clear of all encumbrances,
except:
1. Current taxes for the fiscal year of 2003-2004 shall be prorated as of the date of recording
the Deed, if unpaid. Grantor's pro rata share of unpaid current taxes, and all delinquent
taxes, must be paid before closing this escrow. If necessary, a sufficient amount shall be
withheld from the above payment to pay Grantor's share of taxes. As agents for the
County, please request the County Auditor-Controller to cancel the County's portion of
current taxes, and send a copy of your request to the attention of the undersigned.
2. Title to the Property shall be taken subject to Exceptions 7, 8, 9, 10, & 11 as enumerated
in the aforementioned Preliminary Report (the "Approved Exceptions").
3. Exception 6 does not effect the portion of the Property being acquired.
Raylene Mann
March 25, 2004
Page 2
4. Please obtain a partial reconveyance of the Deed of Trust referred to in Exceptions 12
and 13 on the above Preliminary Title Report.
The above check should be made payable to Illinois Tool Works Inc., and should be mailed to:
Illinois Tool Works Inc.
3600 West Lake Avenue
Glenview, Illinois 60025
The phone number for Illinois Tool Works Inc. is 847/657-4508.
Escrow shall close upon the conveyance of the Property to County ("Close of Escrow").
On the closing date, you shall close escrow as follows:
(i) Record the Grant Deed for the Property, marked for return to the County
care of Dick R. Awenius, Sr. Right of Way Agent for the County(which shall
be deemed delivered to the County);
(ii) Issue your customary CLTA title insurance policy for the Property, subject
only to the Approved Exceptions,for the full purchase price of$38,000.00;
(iii) Prorate all taxes, assessments, rents, and other charges on the Property as
of the Close of Escrow, and pay all such sums attributable to the period of
time ending upon the Close of Escrow;
(iv) Disburse to Grantor the sum of Thirty-Eight Thousand and No/100 Dollars
($38,000.00), less prorated amounts and charges paid in accordance with
paragraph (iii) above; and
(v) Prepare and deliver to County and to ITW one signed copy of the closing
statement showing all receipts and disbursements of the escrow.
If you are unable to simultaneously perform all of the instructions set forth above, you shall notify
ITW and County and shall retain all funds and documents pending receipt of further instructions
from County and ITW.
The enclosed yellow Recorder's Memo is to be forwarded to the Contra Costa County Recorder
with the Deed for its processing. All items placed into this escrow are subject to return to the
County, upon request, in the event this escrow cannot be closed satisfactorily to the County
within thirty (30) days after the date hereof.
Raylene Mann
March 25, 2004
Page 3
Please call me at 925/313-2227 before processing any other demands submitted to you in
connection with this escrow account, or if you have any questions.
Very truly yours,
Dick R. Awenius
Senior Real Property Agent
DRA:
G:\GrpData\RealProp\Dick\PortChi\32504Mann OldRepuoEsclnst let
Enclosures
C: Phil McGovern,Illinois Tool Works Inc.
EXHIBIT "E"
• Site Characterization and Remediation Report dated July 31, 2001
prepared by Kintr Environmental, Incorporated;
• Lead Risk Evaluation Report dated August 9, 2001 prepared by
SLR International Corp. (this report was previously to Jerry
Yoshioka, a Hazardous Materials Specialist with the Contra Costa
County in December of 2001; a copy of the transmittal letter dated
December 21, 2001 is enclosed);
• Memorandum re: Environmental Assessment dated June 9, 2003
prepared by Mactec Engineering and Consulting, Incorporated;
• Report of Limited Phase II Environmental Assessment dated July
29, 2003 prepared by Mactec Engineering and Consulting,
Incorporated.
GipData\ReaiProp\Dick\Acme\31604 ITW Exhibit C