HomeMy WebLinkAboutMINUTES - 04062004 - C98 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Order on April 6, 2004 _ _ , by the following vote:
AYES: Supervisors Gioia, Uilkema, Greenberg, DeSaulnier, and Glover
NOES:N
ABSENT
ABSTAIN:None
RESOLUTION NO.. M/Igp
SUBJECT: SALE OF TAX-DEFAULTED PROPERTY To THE EAST BAY REGIONAL PARK
DISTRICT
IT IS BY THE BOARD ORDERED that the Chair is authorized to execute an Agreement
of Sale entered into between the County of Contra Costa, State of California, and the
East Bay Regional Park District, for the sale of Parcel 037-420-036 to the East Bay
Regional Parr District, pursuant to Revenue and Taxation Code Sections 3791 et seq.,
as recommended by the County Treasurer-Tax Collector.
# hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Beard of Supervisors on the
date shown.
ATTESTED: ' t
JOHN SWEETEN,Clerk of the Beard
ervisors,and Cou ty Administrator
By, Deputy
Orig. Dept.:
cc: Treasurer-Tax Collector (v certified)
County Administrator
Auditor-Controller
Assessor
RESOLUTION NO. 2004/180
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AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
This agreement is made this 6th day of APlqii , 2004 by and
between the Board of Supervisors of Contra Costa County, State of California, and
the East Bay Regional Park District, a California Special District("Purchaser"),
pursuant to the provisions of Division 1, Part 6,Chapter 8, of the Revenue and
Taxation Code.
The real property situated within said county, hereinafter set forth and described
in this agreement is tax-defaulted and is subject to the power of sale by the tax
collector of said county for the nonpayment of taxes, pursuant to provisions of
law.
TERMS AND CONDITIONS
It is mutually agreedas follows.
1. that as provided by Section 3800 of the Revenue and Taxation Code,
the cost of giving notice of this agreement shall be paid by the
PURCHASER, and
2. that the PURCHASER agrees to pay the sum of$6,600100 and the
additional costs of the sale, for the real property described in
EXHIBIT"A"'within 14 days after the date this agreement becomes
effective. Upon payment of said sum to the tax collector, the tax
collector shall execute and deliver a deed conveying title to said
property to PURCHASER.
If all or any portion of any individual parcel listed in EXHIBIT"A" is redeemed prior to the effective
date of this agreement, this agreement shall be null and void as to that Individual parcel. This
agreement shall also become null and void and the right of redemption restored upon the
PURCHASER'S failure to comply with the terms and conditions of this agreement,
SCO 8-12, 1 (1-00)8-00
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APN: 037-420-036,Situs: No Address, Oakley, CA
The undersigned hereby agree to the terms and conditions of this agreement and
are duly authorized to sign for said agencies.
ATTEST:
East Bay Regional Park District A
By
e1i 7_1 I i.,f
(PURCHASER)
(SEAL) t K&O 01vi 51'lo AJ lutt A4k1
PE�� JCe501_a7-70A-1 0?00"1-0o?-30
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ATTEST: (ArTACHED)
John Sweeten , Clerk of the Board of By: Board of Supervisors
-
Supervisors and County Administrator of Contra Costa County
By. By:y.
LfUE-PUTY) HAIR)
(SEAL)
Pursuant to the provisions of Section 3775 of the Revenue and Taxation Code the
governing body of the CRY of Oakley hereby agrees to the selling price as provided in
this agreement.
ATTEST: CITY OF OAKLEY
K*M
X-t-g j By:
(DEP (MAY-OWrl"
1�
(S L)
This agreement was submitted to me before final execution by the board of supervisors
and I have compared the same with the records of Contra Costa County relating to the
real property described therein.
County Tax Collector
Pursuant to the provisions of Section 3795 of the Revenue and Taxation Code, the
Controller approves the foregoing agreement this —day of
STEVE WESTLY,
CALIFORNIA STATE CONTROLLER
By:
SCO 8-12,2(1-00)1-04
EXHIBIT "A"
Parcel Number: 037-420-036
First Year Delinquent: 1997-98
Default Number: 6203
Purchase Price: $6,500.00
DESCRI'PTION':
City of Oakley(formerly unincorporated)
Parcel C, as shown on the map of Subdivision 7585, "The Vintage Unit 9",filed June 10,
1999 in Book 357 of Maps, page 21, Contra Costa County Records, as amended by
Certificate of Correction recorded March 20, 1996, Recorder's Series No. 96-50135.
EXCEPTING THEREFROM:
The undivided 1t3 interest in all oil, gas, petroleum or other hydrocarbons, other minerals
and mineral rights, as excepted and reserved in the deed from Bertha Del Monte, as
trustee to Francisco Dal Porto, et al, recorded September 19, 1950,Book 1635, page 334,
Official Records.The right to surface entry has been waived.
All oil, gas and other hydrocarbon and minerals now or at any time hereafter situated
therein and thereunder, as reserved in the deed from California Lands, Inc.,to Anthony J.
Dal Porto, et al, recorded January 9, 1940, Book 528, page 452, Official Records, and as
modified by deed from Transamerica Development company to Marion Jeanne Michelotti,
et al, recorded January 23, 1981, Book 10178, page 80, of Official Records. The right of
surface entry has been waived'.
All oil, gas, casinghead gasoline and other hydrocarbon and mineral substances below a
point 500 feet below the surface of said land,together with the right to take, remove,
mine, pass through and dispose of all said oil, gas, casinghead gasoline and ether
hydrocarbon and mineral substances, but without any right whatsoever to enter upon the
surface of said land or upon any part of said land within 500 feet from the surface
thereof, as reserved in the deed from Marion James Michelotti, to Hofmann Construction
Company, a California Corporation, recorded January 23, 1981, Book 10178, page 83,
OfficialRecords.
All oil, gas, casinghead gasoline and other hydrocarbon and mineral substances below a
point 500 feet below the surface of said land, together with the right to take, remove,
mine, pass through and dispose of all said oil,gas, casinghead gasoline'and other
hydrocarbon and mineral substances, but without any right whatsoever to enter upon the
surface of said land or upon any part of said land within 500 feet from the surface
thereof, as reserved in the deed from Robert A. Dal Porto, et al, to Hofmann Construction,
Co., a California Corporation, recorded December 24, 1981, Book 10623, page 710,
Oficial Records.
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EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO. 2004-02- 30
February 17, 2004
AUTHORIZATION TO OBJECT TO PUBLIC SALE, ENTER INTO AN AGREEMENT TO
PURCHASE,AND ALLOCATE FUNDS FOR PURCHASE OF FEE INTEREST IN
TAX-DELINQUENT REAL PROPERTY(THE HOFMANN COMPANY PARCEL C)
FROM THE CONTRA COSTA COUNTY TAX COLLECTOR'S OFFICE:
BIG BREAK REGIONAL SHORELINE
WHEREAS, by Resolution No. 1996-04-078 adopted April 2, 1996, the Board of Directors
approved acceptance of the subject property's dedication from The Hofmann Company upon
specified conditions that have not been met; and
WHEREAS,the fee interest in the subject real property(APN 037-420-036)was scheduled for
public auction in February 2004; and
WHEREAS, acquisition of the property is necessary to complete the.Big Break Regional
Shoreline Trail and advance the District's 1997 Master Plan goal to enhancepublic access to the
Delta; and
WHEREAS,under State Revenue and Taxation Code Sections 3695 and 3695.4,the District
may file with the County Tax Collector and Board of Supervisors a written objection to the sale of
property that is needed for a public use,along with an application to purchase that property for no
less than the minimum bid price; and
WHEREAS, this acquisition is exempt under CEQA guidelines;
NOW,THEREFORE,BE IT RESOLVED that the Board of Directors of the EastBayRegional
Park District hereby authorizes the General Manager to object to the public sale of The Hofmann
Company's tax-defaulted property,to enter into an agreement to purchase,and to allocate funds to
purchase fee interest in this property; and
BE IT FURTHER RESOLVED that the Board hereby allocates$20,800 in Measure AA bond
proceeds to CIP 2235,as shown on the attached Budget Change form,for purchase of fee interest
in the property; and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed,on
behalf of the District and in its name,to execute and deliver such documents and to do such acts as
may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director Wieskamp and seconded by Director . Radke and
adopted this 17th day of February,2004, by the following vote:
FOR: Directors Ted Radke, Carol Severin, Doug Siden, Jean Siri,
John Sutter, Ayn Wieskamp.
AGAINST: None.
ABSTAIN: None. CERTIFICATION
ABSENT: Director Beverly Lane. 1, Debra Fassler, Clerk of the Board of Directors
of the East Bay Regional Park District, do hereby
certify that the above and foregoing is a full,
true, and correct copy of Resolution 2004-2-30
adopted by the Board of Directors at a regular
meeting held on February 17, 2004.
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EAST BAY REGIONAL PARK DISTRICT
BUDGET CHANGE FORM
CHANGE FORM#
Now Appropriations Budget Transfers:
X From Unappropriated Reserves From Budgeted.Contingent Reserve
Measure AA Funds
(Delta Access) Within Same Department Activity
From Now Revenues
Between Projects
Account Name: EXPENSE: Capital
project–Acquisition–Big Break—
Hofmann
(Measure AA Funds/Delta Access)
Purchase price
Account* 333-6330-638-7010/2,23500
BAAA Budget 0-7#101 $6,500
Account Name: EXPENSE:Capital
Project Acquisftion—Big Break--
Hofmann
(Measure AA Funds/Delta Access)
Closing costs,staff time
Account* 333-6330-638-7010/223500 $10,600
BAAA Bud et G-7#100
Account Name. EXPENSE:Capital
Project—Acquisition—Big Break—
Hofmann
(Measure AA Funds/Delta Access)
Signs&fencing,clean-up
Account#' 333-6330-638-7010/223501 $3,800
BAAA Budget G-7#500
REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on Feb. 17,
2004, Staff recommends that the Board of Directors authorize the appropriation of$20,800 of Measure AA Funds
for purchase of fee interest in tax-delinquent real property (the Hofmann Company Parcel C) from the Contra
Costa County Tax Collectors Office.
0 m
'p ive da##lt01_0 Dir0001rs:Meeting ori: `
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PostedI By: Date: 02 1?/2004.
Signature
T:(Finame)lBudget/2OD4/Changesiacq/Hofman-Big Break.doc