HomeMy WebLinkAboutMINUTES - 06062006 - C.84 TO: REDEVELOPMENT AGENCY =6 L'=°�^ Contra
FROM: John Cullen, Executive Director Costa
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DATE: June 6, 2006 �osT County
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SUBJECT: Orbisonia Heights Property Acquisition,Bay Point Area
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
A. APPROVE Purchase and Sale Agreement and ACCEPT the Grant Deed from Charlie G.Powell and Loann
A. Powell for the purchase of Parcel 094-012-035.
B. AUTHORIZE the Redevelopment Director to execute said Purchase and Sale Agreement on behalf of the
Redevelopment Agency.
C. APPROVE payment of$330,000 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. 615-9597 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 o the Count er for filing of the Notice of
exemption.
Continued on Attachment: ® SIGNATURE:
[RECOMMENDATION OF COUNTY ADMINISTRATOR
❑ RECOMMENDATION OF BOARD COMMITTEE `
(r APPROVEOTHER
r
SIGNATURF,(S):
ACTION OF A E Y ON t(1 C2- CC�0 APPROVED AS RECOMMENDED V1 O�HFR
VOTE OF COMMISSIONERS
1/ UNANIMOUS(ABSEN )
AYES: NOES:
ABSENT: ABSTAIN:
:cs I hereby certify that this is a true and correct
G:\GrpDaia\RealProp\2006-Files\ROS&Res 06\BO Powell.doc copy.of an action taken and entered on the
Orig.Div: Redevelopment minutes of the Redevelopment agency on the
Contact: Maureen Toms(313-7230) date shown.
cc: County Administrator
Assessor's Office
PW Real Property—Cheryl Sousa
ATTESTE4HN
CULLEN,Agency Secretary
By _ Deputy
SUBJECT: Orbisonia Heights Redevelopment
DATE: June 6, 2006
PAGE: 2
Fiscal Im act:
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. These property owners have 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.
On March 13,2006,the East County Regional Planning Commission found that the acquisition of the subject parcel
in the Orbisonia Heights area of Bay Point,for the purpose of developing a transit-oriented mixed-use project,to be
in conformance with the County.General Plan, because it is consistent with the "M-7" land use designation and
supports the implementation of the Specific Plan. This finding was made as required by Section 65402 of the
California Government Code
Consequences of Negative Action:
The Agency will not be able to assemble this property with the current properties they already own.
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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. 094-012-035
Title Co. Order No. 615-9597
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, Charlie G. Powell and Loann A. Powell
as Trustees of the Charlie G. and Loann A. Powell Living Trust Dated July 10, 2003
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 APART HEREOF.
GRANTORS
Date
Charlie G. Powell, Trustee
Loann A. Powell, Trustee
ATTACH APPROPRIATE ACKNOWLEDGMENT
GAGrpData\Real Pro p\Cheryl\Redevelop men t\581 Bailey\Powell Grant Deed.doc
Parcel Number: 094-012-035 Grantor: Charlie G. Powell and Loann A. Powell as
Project Name: Orbisonia Heights Redevelopment Trustees of the Charlie G. and Loann A. Powell
Project Number: 4500-6X5489 Living Trust Dated July 10, 2003
Address: 581 Bailey Road,Bay.Point, CA
PURCHASE AND SALE 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 Charlie G. and Loann A.
Powell , Trustees of the Charlie G. and Loann A. Powell Living Trust Dated July 10, 2003 (hereinafter
"Grantors").
RECITALS
Grantors are the owners of approximately 6,350 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 ("F,ffective
Date"). This Agreement will be submitted to the Grantors first for approval, and thereafter to the Agency.
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantors agrees to sell and
Agency agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be THREE HUNDRED THIRTY
TI10USAN D Dollars and 00/100($330,000.00) ("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 Properly shall be cleared and paid by Grantor as of
the date title shall vest in Agency by the recordation of the decd 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 Charlie G. Powell and Loann A. .Powell as Trustees of the
Charlie G. and Loann a. Powell Living Trust Dated July 10, 2003.
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4. Conditions to Agency's Performance. The Agency's obligation to perforin 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 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, free 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 May ,
2006, issued by Placer Title Company:
011ier approved exceptions'listed as`exceptions'�, 5 & 6.
4.4. The Placer 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 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 Grantors and, if applicable, the Escrow agent.
5. Escrow. By this Agreement, Agency and Grantors establish an escrow ("Escrow") with
Placer Title Company, 1981 N. Broadway, 4100, Walnut.Creek, California, 94596 their Escrow No.
615-9597 ("Title Company"). Grantor hereby authorizes Agency to prepare and file escrow instructions
with said Title Company, on behalf of Grantors, 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 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 properly 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 51445] ("PIRPTA Affidavit"); and
D. Grantor's affidavit as contemplated by the Revenue and "taxation Code S 18662
("Withholding Affidavit").
5.3. Deposit of Purchase Price into Escrow by Agencx. Prior to the Close of Escrow, Agency will
deposit the Purchase Price into escrow with the Title Company.
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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 Grantors the Purchase Price, less prorated amounts and charges to be paid
by or on behalf of Grantors;
E. Prepare and deliver to the Agency and to the Grantors one signed copy of the Title
Company's closing statement showing all receipts and disbursements of the Escrow.
Ifs the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title
Company shall notify the Grantors and the Agency and retain all funds and documents pending receipt of
further instructions from the Agency.
6. Grantor's Representations and Warranties. Grantors make the following representations and
warranties with the understanding that these representations and warranties are material and are being relied
upon by Agency. Grantors represent and warrants to the Agency that as of the date of this Agreement and
as of the Close of Escrow:
6.1. Marketable Title. Grantors are the owner of the Property and have 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, Grantors shall not permit any liens, encumbrances or casements to be placed on
the property other than the Approved Exceptions, nor shall Grantors 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. Grantors have disclosed to the Agency all information, records and studies
maintained by Grantors in connection with the Property concerning hazardous substances and that
Grantors are not concealing any knowledge of the presence of contamination or hazardous
substances on, From or under the Property. Any information that Grantors have delivered to the
Agency either directly or through Grantor's agents is accurate and Grantors have disclosed all
material facts with respect to the Property.
6.3 Other Matters Affecting; Propertx. 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 Grantors 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
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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. Grantors shall
promptly notify Agency of any of these matters arising in the fixture.
6.4 Grantor's Agencv. That this Agreement and all other documents delivered prior to or at the Close of
Escrow have been authorized, executed, and delivered by Grantors; are binding obligations of the
Grantors; 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 ofthe
foregoing warranties or representations, Grantors agree 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 manner resulting from 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 Grantors 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.
Grantors further represents and warrants that Grantors havw 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 Grantors 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 Agrecm.ent and steal I not merge in
the deed or other documents 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:
Grantors: Charlie G. Powell and Loann A. Powell as Trustees of the
Charlie G. and Loann A. Powell Living Trust Dated July 10, 2003
581 Bailey Road
Bay Point, CA 94565
Telephone: (925)757-5361
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Agency: Contra Cost County
Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2252
Attn: Cheryl Sousa
or to such other addresses as Agency and Grantors may respectively designate by written notice to the
Other.
13. Entire Agreement. 'rhe 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 oil this account, or on account of the location, grade or construction of the
proposed public improvement. Grantors have 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 properly and agrees never to assert such a
claim.
14. Construction. 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.
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 f rther 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.
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
unenforceable, the remainder of this Agreement shall not be affected.
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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,
California.
AGENCY GRANTOR
Contra Costa County Redevelopment Agency
RECOMMENDED FOR APPROVAL:
By
Cheryl R. Sousa Charlie G. Powell, Trustee
Assistant Real Property Agent
By Lo inn A. Powell, Trustee
Karen.Laws
Principal Real Property Agent
Date: S `� e
APPROVED: (Date igned Zy Grantors)
By
Redevelopment Agency Director
Date
(Date of Board Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
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