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HomeMy WebLinkAboutMINUTES - 03142006 - C.59 TO: REDEVELOPMENT AGENCY Contra .,•. '1 --may,, FROM: John Cullen, Executive Director - `< Cost', p� T.ri;a'.�A>� DATE: March 14, 2006 °�SrA�oK �v County SUBJECT: Orbisonia Heights Property Acquisition,Bay Point Area 9S SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. APPROVE Purchase and Sale Agreement and ACCEPT the Grant Deed form Naomi Fay Hytholt for the purchase of Parcel 094-013-001. B. AUTHORIZE the Redevelopment Director to execute said Purchase and Sale Agreement on behalf of the Redevelopment Agency. C. APPROVE payment of$395,000 for said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to Placer Title Company, 1981 N. Broadway Avenue, Suite #100 Walnut Creek, CA 94596, Escrow No. 615-9667 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. E. DETERMINE that the activity,acquiring real property,is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA guidelines; and Direct the Redevelopment Agency to arrange for payment of the $25.00 handling fee to the Count Clerk for filing of the Notice of exemption. // Continued on Attachment: ® SIGNATURE: �U/ [ -kECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE [APPROVE ❑ OTHER SIGNATURE(S):L14,1, ACTION OF AGE C ON PROVED AS RECOMMENDED O' IER VO E OF COMMISSIONERS UNANIMOUS(ABSENT , ) AYES: NOES: ABSENT: ABSTAIN: :cs I hereby certify that this is a true and correct G:\GrpData\RealProp\2006-Files\BOs&Res 06\130 Hytholt.doc copy of an action taken and entered on the Orig.Div: Public Works(Real Property Division) minutes of the Redevelopment agency on the Contact: Maureen Toms(335-7230/Cheryl Sousa(313-2252) date shown. cc: County Administrator Assessor's Office PW Accounting S114/o6 i o Redevelopment Agency ATTESTED: I 1.Bergeron,Computer Services JOHN CULLE ,Agency Secretary By , Deputy SUBJECT: Orbisonia Heights Redevelopment DATE: March 14, 2006 PAGE: 2 Fiscal Impact: The activity is funded by Contra Costa County Redevelopment Agency (100%). No General Fund money will be used on this project. Reasons for Recommendations and Background: The Contra Costa County Redevelopment Agency(Agency) is seeking a master developer for the Orbisonia Heights site, located in Pittsburg/Bay Point BART Stations Specific Plan Area southeast of the State Highway 4/Bailey Road interchange in the unincorporated community of Bay Point. This property owner has stepped forward, requesting the Agency acquire their property in advance of a Developer being selected for the project,to accommodate the timing of their move to a new home. The purchase of the property is a negotiated sale based on an appraisal of the property. Consequences of Negative Action: The Agency will not be able to assemble this property with the current properties they already own. Parcel Number: 094-013-001 Grantor: Naomi Fay Hytholt, Trustee of the Project Name: Orbinsonia Heights Redevelopment Naomi Fay Hytholt Trust Dated November 21, 2002 Project Number: 4500-6X4082 Address: 610 S Broadway Avenue,Bay Point, CA PURCHASE AND SAi.,E AGREEMENT BETWEEN THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY AND GRANTOR NAMED HEREIN This Agreement is entered into by and between Contra Costa County Redevelopment Agency, a body corporate and politic existing under the laws of the State of California (hereinafter "Agency") and Naomi Fay Hytholt, Trustee of the Naomi Fay Hytholt Family Trust Dated Novembe 21, 2002 (hereinafter"Grantor"). RECITALS Grantor is the owner of approximately 5000 square feet of real property located in the unincorporated community of Bay Point, Contra Costa County, California and described on Exhibit "A'' attached hereto and incorporated herein by reference. The real property, including improvements thereon, if any, are collectively referred to herein as the "Property". 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. Effective Date. it is understood that this Agreement is subject to approval by the Agency's Governing Board. This Agreement is effective on the date approved by the Agency's Governing Board ("Effective Date"). This Agreement will be submitted to the Grantor first for approval, and thereafter to the Agency. 2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and Agency agrees to purchase the Properly. 3. Purchase Price. The purchase price for the Property shall be THREE HUNDRED NINETY FIVE THOUSAND Dollars and 00/100($395,000.00) ("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 Agency 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. 3.2. The Purchase Price shall be paid to Naomi Fay Hytholt, Trustee of the Naomi Fay Hytholt Family Trust Dated November 21, 2002. 4. Conditions to Agency's Performance. The Agency's obligation to perform under this Agreement is subject to the following conditions: 1 G:\GrpData\RealProp\Cheryl\610 S Broadway Appraisal\Hytholt Purchase and Sale Ag.doc 4.1. Grantor's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Close of Escrow. 4.2. Grantor's performance of all obligations under this Agreement. 4.3. The vesting of title to the Property in the Agency by Grant Deed in fee simple absolute, fi-ee and clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except the following "Approved Exceptions" as outlined in the Preliminary 'Title Report dated February 10, 2006, issued by Placer Title Company: Other approved exceptions listed as exceptions 4, 5, &6. 4.4. Tile Placer Title Company's being prepared to issue a CLTA title insurance policy in the full anwunt of the purchase price, subject only to the Approved Exceptions ("'Title Policy"), If Agency determines that any of these conditions have not been met, Agency shall have the right to terminate this Agreement by delivering written notice to Grantor and, if applicable, the.Escrow agent. 5. Escrow. By this Agreement, Agency and Grantor establish an escrow ("Escrow") with Placer Title Company, 1981 N. Broadway, #100, Walnut Creek, California, 94596 their Escrow No. 615-9667 ("Title Company"). Grantor hereby authorizes Agency to prepare and file escrow instructions with said Title Company, on behalf of Grantor, 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. Pees and Title Insurance. The Agency shall pay all escrow and recording fees incurred in this transaction and, IF title insurance is desired by the Agency, the premium charged therefor. 5.2 Grantor's Deposit into Escrow. On or before 30 days after the Effective Date Grantor will deliver into Escrow with the Title Company the following documents: A. A Grant Deed, in recordable form and property executed on behalf of Grantor, in a form approved by Agency ("Grant Deed") conveying to Agency the Property in fee simple absolute, subject only to the Approved Exceptions. B. Copies of any effective leases, rental agreements or any other agreements, if any, which the Agency has agreed in writing are to remain in effect after Agency takes title. C. Grantor's affidavit of nonforeign 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 Price into Escrow by A,�Zencx. Prior to the Close of Escrow, Agency will deposit the Purchase Price into escrow with the Title Company. 2 G:\GrpData\RealProp\Cheryl\Redevelopment\Hylholt Purchase and Sale Ag.doc 5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the Agency ("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 Agency care of Cheryl Sousa, Assistant Real Property Agent for the Agency(which shall be deemed delivery to the Agency); B. issue the Title Policy, if requested to do so by the Agency; 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; E. Prepare and deliver to the Agency 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 Agency and retain all funds and documents pending receipt of further instructions from the Agency. 6. (.:cantor's Representations 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 Agency. Grantor represents and warrants to the Agency that as of the date of this Agreement and as of the Close of Escrow: 6.1. Marketable Title. Grantor is the owner of the Property and has marketable and insurable fee simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only to 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 the Agency 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 the Agency after the Close of Escrow without the prior written consent of the Agency. 6.2 Condition of PropertX. Grantor has disclosed to the Agency all information, records and studies maintained by Grantor in connection with the Property concerning hazardous substances and that Grantor is not concealing any knowledge of the presence of contamination or hazardous substances on, from or under the Property. Any information that Grantor has delivered to the Agency either directly or through Grantor's agents is accurate and Grantor has disclosed all material i:acts with respect to the Property. 6.3 Other Matters Affecting Properly. To the best of Grantor's knowledge, there are not presently any actions. suits, or proceedings pending or, to the best of Grantor's knowledge, 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, there are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of the Property. To the best of Grantor's knowledge there are not presently any pending or threatened condemnation, eminent domain or similar proceedings affecting the Property. Grantor shall 3 G:\GrpData\RealProp\Cheryl\Redevelopment\Hytholt Purchase and Sale Ag.doc promptly notify Agency of any of these matters arising in the future. 6.4 Grantor's Agency. That this Agreement and all other documents delivered prior to or at 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. In addition to any other remedies that may be available to the Agency as the result of a breach of any o.f�the foregoing warranties or representations, Grantor agrees to defend and hold the Agency harmless and reimburse the Agency for any and all loss, cost, liability, expense, damage or other injury, including Without limitation, attorneys fees, incurred by reason of, or in any mauler resulting fi-om the breach of any of the warranties and representations contained in this Agreement and all third-party claims arising out of or related to any facts or circumstances with respect to the period prior to the Close of Escrow. 7. Agency's Representations and Warranties. Agency warrants that, upon approval of this Agreement by the Agency's governing body, this Agreement shall constitute a binding obligation of the Agency. 8. Not Tested-Unknown Hazardous Material Use. The Grantor hereby represents and warrants that during the period of Grantor's ownership of the property, 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 Grantor has no knowledge of any disposal, release, or threatened release of hazardous substance or hazardous waste on, from, or under the property which may have occurred prior to Grantor taking title to the property. The acquisition 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 Agency 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. 9. Survival. 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 doclmlelltS following the delivery and recordation of said deed or other documents. 10. Possession of the Property. Possession of the Property shall be delivered to the Agency at the Close of Escrow. 11. 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: Naomi Fay Hytholt, Trustee of the Naomi Fay Hytholt Family Trust Dated November 21, 2002 610 S. Broadway Avenue Bay Point, CA 94565 Telephone: (925)458-2743 Agency: Contra Cost County Real Property Division Public Works Department 4 G:\GrpData\RealProp\Cheryl\RedevelopmentNHytholt Purchase and Sale Ag.doc 255 Glacier Drive Martinez, CA 94553 Telephone: (925) 313-2252 Attn: Cheryl Sousa Or to such other addresses as Agency and Grantor may respectively designate by written notice to the other. 13. Entire Agreement. 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 Agency 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 Agency, 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 Agency's acquisition of the subject property and agrees never to assert such a claim. 14. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrumCnt 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 i f 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. '.Che Recitals are and shall be enforceable as a part of this Agreement. 15. Further Assurances. 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 CIOCUments as requested In order to Carry out the intent and purpose of this Agreement. 16. Waiver. 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 17. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or uncnforceable, the remainder of this Agreement shall not be affected. 5 G:\GrpData\RealProp\Cheryl\Redevelopment\Hytholt Purchase and Sale Ag.doc 18. Governing Law and Venue. 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, C a l l fo nl l a. AGENCY GRANTOR Contra Costa County Redevelopment Agency RECOMMENDED FOR APPROVAL: By By 44& Chery ousa Naomi Fay Hythoft, Tru e Assistant Real Property Agent Date: By (Date Signed by Grantor) Karen Laws Principal Real Property Agent APPROVED: By Redevelopment Agency Director Date (Date of Board Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A - Legal Description 6 G:\GrpData\RealProp\Cheryl\Redevelopment\Hytholt Purchase and Sale Ag.doc EXIRBIT"A" LEGAL DESCRIPTION THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: PORTION OFTBE WEST 1/2 OF TIIE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 1 WI,ST, MOUNT DIABLO BASE AND MERIDIAN, DI,SCRIBED AS FOLLOWS: COMMENCING IN THE CENTER OF SAID SECTION 14; THENCE FROM SAID POINT OF COMNIIENCEMENT, SOUTH 0 DEGREE 45' EAST, ALONG THF.LINE BETNNEEN THE SOUTIIAVEST 1/4 ANDTHE,HE, SOUTHEAST 1/4 OF SAID SECTION 1018 FEET; THIENCE NORTH 89 DEGREES 4G' EAST 125 FEET TO 'TIIE INITIAL POINT OF BEGINNING OF TIIlE HEREIN DESCRIBED PARCEL OF LAND SAID INITIAL POINT OF BEGINNING 13EING ON THE SOUTH LINE OF MAY STREET, AS SAID STREET IS DESIGNATED ON THE 14LAP ENTITLED "MAP OF ORBISONIA HCIGIITS, CONTRA COSTA COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN 173E OFFICE OF THE'RECORDER OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, ON A.PR1L 22, 1.930 IN VOLUME 21 OF MAPS, AT PAGE 593; THENCE FROM SAID POINT OF BEGINNING CONTINUING ALONG THE SAME LINK 100 I+TIT TO A POINT ON THE SOUTH LIME OF MAY STREET THAT INTERSECTS WITH THE WEST LINE OF WILLOW AVENUE; THE NCE SOUTH 0 DEGREE 45' EAST ALONG THE WEST LINE OF WILLOW AVENUE 50.00 FEET TO A POINT; T.I]ENCE SOUTH 89 DEGREES 4G' WEST 100 FEET; THENCE NORTH 0 DEGREE 45' WEST 50 FEET TO 'TIEZE POINT OF BEGINNING. A.P.N. 094-0.13-00.1 Recorded at the request of: Contra Costa County Redevelopment Agency Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Cheryl Sousa Assessor's Parcel No. 094-013-001 Title Co. Order No. 615-9667 GRANT DEED For Value Received, receipt of which is hereby acknowledged, Naomi Fay Hytholt Trustee of the Naomi Fay Hytholt Family Trust Dated November 21, 2002 GRANT to CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing under the laws of the State of California, the following described real property in the unincorporated area of Bay Point, County of Contra Costa, State of California. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR Date Z-.Z ?"Q 1871 Naomi Fa ytho Trustee ATTACH APPROPRIATE ACKNOWLEDGMENT GAG rpData\ReaIProp\Cheryl\Redeve lop ment\Hytholt Grant Deed.doc EXHIBIT"A" LEGAL DESCRIPTION THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 1 WEST, MOUNT DIABLO BASF.AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING IN THE CENTER OF SAIL)SECTION 14; THE, FROM SAIL) POINT OF COMMENCEMENT, SOUTH 0 DEGREE 45' EAST, ALONG THE LINE BETWEEN THE SOUTHWEST 114 AND THE SOUTHEAST 1/4 OF SAID SECTION 1018 FEET; THENCE NORTH 89 DEGRI�EUS 46' EAST 125 FEET'TO THE INITIAL POINT OF BEGINNING OF TILE HEREIN DESCRIBED PARCEL OF LAND)SAID INITIAL POINT OF BEGINNING BEING ON TILE SOUTH LINE OF MAY STREET, AS SAID STREET IS DESIGNATED ON THI:MAP ENTITLED "MAP OF ORBISONIA IDEIGHTS, CONTRA COSTA COUNTY, CALIFORNIA", WIlICH MAI'WAS FILED IN THE OFFICE OF TILL+' RECORDER OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, ON APRIL 22, 1930 IN VOLUME 21 OF MAPS, AT PAGE 593; THENCE FROM SAID POINT OF BEGINNING CONTINUING; ALONG THE SAME LINE 100 FEET TO A POINT ON THE SOUTH LINE OF MAY STREET THAT INTERSECTS WITH THE, WEST LINE OF WILLOW AVENUE; THE NCE SOUTH 0 DEGREE 45' EAST ALONG THE WEST LINE OF WILLOW AVENUE 50.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 46' WEST 1.00 + sET; THENCE NORTH 0 llEGREE 45' WEST 50 FEET TO TITE POINT OF BEGINNING. A.P.N. 094-013-001.