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Home My WebLink AboutMINUTES - 03142006 - C.1 Contra jf O: BOARD OF SUPERVISORS -� costa Ce FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR •; ='' °�Ja sr'q CUUNT� County DATE: March 14, 2006 SUBJECT: RESCIND Resolution 2006/24 approving and authorizing the sale of surplus property identified as APN 098-220-004, located on Evora Road to Stonecrest,LLC and approving the Real Property Sales Agreement. ADOPT Resolution approving and authorizing the sale and conveyance of surplus property identified as APN 098-220-004, located on Evora Road to Stonecrest Group, LLC and approving the Real Property Sales Agreement. Bay Point Area (District V) Project No. 4660-6X4146 Org: 4660 Sub Account: 9921 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA'I-ION Recommended Action: 1. RESCIND Resolution No. 2006/24 approving and authorizing the sale of surplus property to Stonecrest, LLC, and approving the Real Property Sales Agreement; 2. ADOPT Resolution approving the sale and conveyance of surplus property to Stonecrest Group, LLC, pursuant to Streets and Highways Code Section 960, and approving the Real Property Sales Agreement; 3. DETERMINE the property to be no longer necessary for State Highway or other public purposes; 4. AUTHORIZE the Chair, Board of Supervisors, to execute the Grant Deed on behalf of the County; 5. AUTHORIZE the Public Works Director, or designee, to execute the Real Property Sales Agreement; and 6. DIRECT the Real Property Division to cause said Grant Deed to be delivered to the Grantee for acceptance and recording. 7. The Board hereby DIRECTS that said funds be credited to the Contra Costa County, Non-County Road Construction Fund No. 4660-9921 for reimbursement to TA. Continued on Attachment: ® SIGNATURE: .!d" B-"'RECOMMENDATION OF COUNTY ADMINISTRATOR El OF BOARD COMMITTEE l� APPROVE ❑ OTIiER SIGNATURE(S): sere y cera y mat this is a true and correct ACTION OF BOAR Q/ e / t�o�G APPROVED AScopy of an action taken and entered on the RECOMMENDED OTHER minutes of the Board of Supervisors on the date shown. VO OF SUPERVISORS �� UNANIMOUS(ABSENT IVCW9�— ) AYES: NOES: ATTESTED:_ aY&6 /-Al �d06 ABSENT: ABSTAIN: JOHN CULLEN,Clerk of the Board of CP:eIL Supervisors and County Administrator G:\Gip Data\RealProp\2006-I;ilcs\BOs&Res 06\BO Evora Road Stonecrest Group U-C.doc Orig.Div: Public Works(Real Properly Division) Contact: Carla Peccianli(313-2222) By T� Deputy cc: County Administrator / Assessor's Office PW Accounting I.Bergeron,C:omPuter Services SUBJECT: RESCIND Resolution 2006/24 approving and authorizing the sale of surplus property to Stonecrest, LLC and approving the Real Property Sales Agreement. ADOPT Resolution approving and authorizing the sale and conveyance of surplus property to Stonecrest Group, LLC and approving the Real Property Sales Agreement. Bay Point Area (District V) DATE: March 14, 2006 PAGE: 2 Fiscal Impact: Tile County will receive revenue in the amount of$65,500.00 for the sale of this surplus property, which is to be credited to Non-County Road Construction Fund Account 4660-9921, for reimbursement to the Contra Costa Transportation Authority(OCTA). Reasons for Recommendations and Background: Prior to having the Grunt Deed recorded and closing escrow,First American Title Company was verifying if Stonecrest, LLC was a registered Limited .Liability Company with the State of California and discovered that they are actually registered as Stonecrest Group, LLC. The Board of Supervisors approved Resolution No. 2006/24 on January 24, 2006,approving the sale of the surplus property to Stonecrest,LLC,authorizing the execution of the Grant Deed,and approving the Real Property Purchase and Sale Agreement; and because Stonecrest,LLC is the incorrect name of lie company,First American Title Company was not able to have the Grant Deed recorded. Therefore,the Title Company has requested the County issue a new Resolution,Grant Deed and Real.Property Purchase and Sale Agreement with the correct name, Stonecrest Group, LLC, in order for them to record the deed and close escrow. In 1992 the County acquired a portion of Assessor Parcel No. 098-220-004 for the State Route 4 Willow Pass Grade Project. The County and CCTA no longer need the remainder of this property for State Highway or County purposes and wish to dispose of this property. The surplus property was offered to the adjoining landowners who own both the adjoining properties and they had no interest in purchasing the surplus property from the County. These adjoining landowners also had their properties for sale. On September- 19, 2005, Scott Taylor, a partner in Stonecrest Group, LLC offered to purchase the County's surplus property for$65,500.00($86,270.00/acre). Stonecrest Group,LLC currently is in contract to purchase the adjoining properties for$600,000.00 ($86,268.87/acre) and their offer to the County is the same per acre value. There has not been any interest from the public or any government agency to purchase the surplus property from the County. Both County and OCTA staff recommend the sale of the surplus property to Stonecrest Group, LLC. Consequences of Negative Action: The County would retain ownership and the maintenance of the property. In addition,the County would not benefit from this additional property, and from the sales tax revenues that the property could generate. THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 14, 2006, by the following vote: AYES: Uilkenia, Piepho, DeSai lnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None ------- - RESOLUTION NO. 2006/�� (Streets & Highways Code ti 960) SUBJECT: RESCIND Resolution No. 2006/24 approving the sale of surplus real property identified as APN 098-220-004, located on Evora Road to Stonecrest, LLC; and ADOPT Resolution No. 2006//.22, approving the sale and conveyance of surplus real property, identified as APN 098-220-004, located on Evora Road to Stonecrest Group, LLC. Bay Point Area (District V) Project No. 4660-6X4146. The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property described in Exhibit "A" and "B" attached hereto,on April 21, 1992 in the Bay Point area with Contra Costa Transportation Authority (CCTA)fiends, for highway purposes. Said property is DETERMINED to be surplus and no longer necessary for State Highway or other public purposes. This Board hereby RESCINDS Board Resolution 2006/24 and APPROVES and AUTHORIZES the sale and conveyance of said property to Stonecrest Group, LLC, pursuant to Streets & Highways Code Section 960, and AUTHORIZES the Chair, Board of Supervisors, to execute a Grant Deed on behalf of the County, and the Public Works Director, or designee, to execute the Real Property Sales Agreement, in consideration for the payment received in fi>11 ire the amount of$65,500.00. The Board hereby DIRECTS that said funds be credited to the Contra Costa County, Non- County Road Construction Fund No. 4660-9921 for reimbursement to CCTA. The Real Property Division is DIRECTED to cause said Grant Deed and Purchase and Sale Agreement to be delivered to the grantee. 01:01 1 hereby certify that this is a true and correct G:\CirpData\Rcall'rop\2000-Files\BOs&Res 06\BR Evora Road Stonecrest GrouP I.LC.doc copy of an action taken and entered on the (.)rig.Dept.: Public Works(R/11) minutes of the Board of Supervisors on the I Contact: Carla eccianti(313-2222) Recording to be completed by Grantee date shown. cc: Public Works Accounting Public works Records ATTESTED: ore�ih Grantee(via TVP) JOHN CULLEN, Clerk of the Board of Recorder(via R/P) Supervisors and County Administrator Irma Ber.-cron,Computer Services By Deputy RESOLUTION NO. 2006/ � - r r Evora Road Excess Property EXHIBIT "A" Real property in an unincorporated area of Contra Costa County, California, being a portion of the north half of the northeast quarter of Section 16, Township 2 North, Range 1 West, Mount Diablo Meridian, being a portion of Parcel Two of those parcels of land conveyed by grant deed, from Paul D. Sparks, et. al. to Contra Costa County, a political subdivision of the State of California; recorded April 1; 1992 as Series No. 92-76994, Book 17367, of Official Records at Page 380, records of said County, described as follows: Beginning at the southwest corner of Parcel Two (17367 O.R. 380) thence from said Point of Beginning along the southerly line of said Parcel Two north 89000'55" east 301.08 feet to the southeasterly corner of said parcel; thence along the easterly line of said parcel north 3°52'43" east 97.48 feet to a point on a line parallel with and 46.00 feet southerly of the monument line of Evora Road as shown on Subdivision 7152 filed May 17, 1990 in Book 347 of Maps at page 5; thence along said parallel line north 86°07'17" west 300.00 feet to the westerly line of said Parcel Two (17367 OR 380); thence along said westerly line south 3°52'43" west 123.00 feet to the Point of Beginning. Containing an area of 33,071 square feet (0.7592 acres) of land, more or less Bearings and distances used in the above description are based on the California Coordinate System Zone III (CCS 83). To obtain ground distances, multiply given distances by 1.0000656. Excepting therefrom any and all abutter rights of access in and to State Highway 4 over and across the southern property line of the herein described parcel. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: o �aNQ s.. �;Zcry Licensed Land SuRleyor Contra Costa County Public Works Exp IZ-7l-� Date: �?� No. 5999 KT:jlg:fp OF CAL11� g:\c1erica1\exhibits\Evorand.ex .August 19, 1997 1 EXH& T LEGEND abutters rights relinguished 1` =60 ST.RAPHAEL DRIVE j SUB . 7152 347 M 5 >� a i35 138 5 4 3 2 1 w� 137 � d! O t- U){ PARCEL C � PARCEL 8 o EVORA __ROAD � �-.--.--_.- ------.-- .__— S 86°O7'17" � --S 86°07'17" E a d d d p O r7 r�1 O O N 86007'17" w 300.00' , 0 w o all COUNTY CONTRA COSTA SPARKS PARCEL 2) 94-258283 SPARKS (PORTION OF 94-258283 (17367 OR 3BO) O v- Kr N uS Z e V) i ! N 89000'S5�" E 301.08' P.O.B. ST AT HIGHW AY 4 Recorded at the request of: Contra Costa County Return to: All Bay Masonry 1771 Vineyard Drive#9 Antioch, CA 94509 APN 098-220-004 Title Co. Order No.ncs185357-cc GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to STONECREST GROUP, LLC the following described real property in Bay Point, an unincorporated area of the County of Contra Costa, State of California. FOR DESCRIPTION SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF. CO TRA C TACO NTY Dated /"/2yd?/Jo;/&e$; By hair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY `OF CONTRA COSTA ) L On�rYd /f� eforc mc, GYnGz��. o/�jAr� Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared who is personally known to me(or roved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that lie/shefthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted executed the instrument. WITNESS my hand and official seal. By: _ Dcpi y Clerk DK:eh G:\GrpData\Real Prop\2006-Files\06-2\Stone crest, LLC Grant Deed.doc 2/28/06 i Evora Road Excess Property EXHIBIT "A" Real property in an unincorporated area of Contra Costa County, California, being a portion of the north half of the northeast quarter of Section 16, Township 2 North, Range 1 West, Mount Diablo Meridian, being a portion of Parcel Two of those parcels of land conveyed by grant deed, from Paul D. Sparks, et. al. to Contra Costa County, a political subdivision of the State of California; recorded April 1, 1992 as Series No. 92-76994, Book 17367, of Official Records at Page 380, records of said County, described as follows: Beginning at the southwest corner of Parcel Two (17367 O.R. 380) thence from said Point of Beginning along the southerly line of said Parcel Two north 89°00'55" east 301.08 feet to the southeasterly corner of said parcel; thence along the easterly line of said parcel north 352'43" east 97.48 feet to a point on a line parallel with and 46.00 feet southerly of the monument line of Evora Road as shown on Subdivision 7152 filed May 17, 1990 in Book 347 of Maps at page 5; thence along said parallel line north 86°07'17" west 300.00 feet to the westerly line of said Parcel Two (17367 OR 380); thence along said westerly line south 3°52'43" west 123.00 feet to the Point of Beginning. Containing an area of 33,071 square feet (0.7592 acres) of land, more or less Bearings and distances used in the above description are based on the California Coordinate System Zone III (CCS 83). To obtain ground distances, multiply given distances by 1 .0000656. Excepting therefrom any and all abutter rights of access in and to State Highway 4 over and across the southern property line of the herein described parcel. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature:°�!W yco�� ZW E1� c`'y Licensed Land Surveyor 4 Contra Costa County Public Works EXP Date: �' _ / No. 594'9 sly KT:jlg:fp OFCALtf� . g:\clerical\exhibits\Evorand.ex August 19, 1997 1 � ' ' EXHIBIT \ ( [[� [ N�� \ ' � L�� / ° � � obotiers iohtx re600u�heu 7=5O. ST.RAPHAEL DR/VE � 136 135 137 | !\ oc o| m| 131 \�| +. l �. V,/ ---�� | PARCEL PARCEL B | | EVORA � i ROAD S 85007'17"[ S 860 07'17" E ED CD 0 N 86007'17" W 300.00' (N TA COUNTY ui SPARKS CONTRA COS �E 94-2582B3 SPARKS F PARCEL 2) (17367 0 Lo till 7SFr ` F HGHWA`� l - Parcel Number: 098-220-004 Project Name: SR4 Bailey Road/Willow Pass Grade Sale Project Number: 4500-6X4146 REAL PROPERTY SALES AGREEMENT THIS AGREEMENT is made and entered into this 5t'day of January 2006, by and between Contra Costa County, a political subdivision of the State of California, hereinafter called "Grantor" and Stonecrest Group, LLC, hereinafter called "Grantee." In consideration of the covenants and conditions hereinafter contained, it is mutually agreed as follows: 1. Grantor hereby agrees to sell and convey that certain real property described in Exhibit "A" and shown on Exhibit "B", attached hereto and made a part hereof, to the Grantee for the sum of$65,500.00 (SIXTY-FIVE THOUSAND FIVE HUNDRED & 00/100 DOLLARS) 2. The right, title and interest in the property to be sold shall not exceed that vested in the Grantor, and said property is sold subject to all existing easements, covenants, conditions, restrictions, reservations, and all other encumbrances, whether the same be recorded or unrecorded. 3. Grantee shall pay all costs of escrow, title insurance, and recording fees, if applicable. 4. Grantor shall retain possession of the property up to the date of recording the deed. 5. Grantee shall deposit with the Grantor the full purchase price on before March 31, 2006. The Grantee understands that this sale is subject to approval by the County Board of Supervisors, and the Grantor reserves the right to cancel the sale at anytime prior to the recording of the deed. In the event of cancellation of sale, all monies deposited shall be refunded without payment of interest. 6. Upon approval of the sale by the County Board of Supervisors and upon receipt of payment in full for the property being sold, Grantor will cause to be delivered to Grantee a Grant Deed to the property properly executed by the Grantor. 7. The property described herein is being sold and conveyed on an "as is" basis and Grantor makes no warranty, claim or guaranty, or any kind, as to the condition and/or possible uses of the land or any improvements thereon. The parties herein have set forth the whole of their agreement and the performance of this agreement shall relieve the grantor of all further obligations or claims on this account. GRANTOR GRANTEE CONTRA COSTA COUNTY STONECREST GROUP LLC, Recommended to the Board of Sup t%i ors for Approval B ` By Carla Peccianti Scott Taylor Senior Real Property Agent Partner By BC17P --� Kar Law :tne H n Pri cipal Real Property Agent Date. APPROVED By rJ t vJ9. Maunce . Shiu Public Works Director Date: fi�/ (Date of Board Approval) CP:eh G:\GrpData\RealProp\2006-Files\06-1\Stonecrest LLC RP Sales Agreement.doc 1-6-06 Evora Road Excess Property EXHIBIT "A" Real property in an unincorporated area of Contra Costa County, California, being a portion of the north half of the northeast quarter of Section 16, Township 2 North, Range 1 West, Mount Diablo Meridian, being a portion of Parcel Two of those parcels of land conveyed by grant deed, from Paul D. Sparks, et. al. to Contra Costa County, a political subdivision of the State of California; recorded April 1, 1992 as Series No. 92-76994, Book 17367, of Official Records at Page 380, records of said County, described as follows: Beginning at the southwest corner of Parcel Two (17367 O.R. 380) thence from said Point of Beginning along the southerly line of said Parcel Two north 89°00'55" east 301.08 feet to the southeasterly corner of said parcel; thence along the easterly line of said parcel north Y52'43" east 97.48 feet to a point on a line parallel with and 46.00 feet southerly of the monument line of Evora (Road as shown on Subdivision 7152 filed May 17, 1990 in Book 347 of Maps at page 5; thence along said parallel line north 86°07'17" west 300.00 feet to the westerly line of said Parcel Two (17367 OR 380); thence along said westerly line south 3°52'43" west 123.00 feet to the Point of Beginning. Containing an area of 33,071 square feet (0.7592 acres) of land, more or less Bearings and distances used in the above description are based on the California Coordinate System Zone III (CCS 83). To obtain ground distances, multiply given distances by 1.0000656. Excepting therefrom any and all abutter rights of access in and to State Highway 4 over and across the southern property line of the herein described parcel. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. A Signature: �o� w ZWEA� c`'y Licensed Land.Surveyor e � Contra Costa County Public Works Exp. IZ-7 Date: No. 5999 KT:jIg:fp OF CAO gAdericaRexhibits\Evorand.ex August 19, 1997 1 � . . ' ' . ' \ EXHIBIT L_/ | \ L\�� `��_/ v u N�� oboKes /\ghty re6 'shed n� � Y'~5O' 3T.RAPHAEL DRIVE � / | uj 137 136 Lu| |��| �. 1 +' m| | rpmCcL C ' PARCEL B |� * | EVORA | ROAD C 86007'17" E S 86007'17" E � � d N 86007'17" W 300.00' 00 COUNTY SPARKS SPARKS CONTRA COSTA RCEL 2) 94-258283 (PORTION OF PA (17367 OR 380) CN � ` STATE \ ~ U0Ay 4 � —