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Home My WebLink AboutMINUTES - 04102007 - C.69 �r L TO: BOARD OF SUPERVISORS --: . �r;.� Contra Costa FROM: M.AURiCE M. SIJIU, PUBLIC WORKS DIRECTOR DATE: April 10, 2007 Count COUNT SUBJECT: DETER.MINE that the activity is exempt from the California Environmental Quality Act (CEQA) Guidelines and APPROVE the Purchase of real property from J&L Busby Co., LLC located at 555 Escobar Street, Martinez Area (District 1.1) [CP#06-112] Project No.: 4405-6G5041 Gov. Code §25350 SPECIFIC REQUEST(S)OR REC'OMMENDATiON(S)&BACKGROUND AND.IUSTIEICATION Recommended Action: A. DETERMINE that this activity will not have a significant effect on the environment and that is has been determined to be exempt from the California Environmental Quality Act under State CEQA guidelines Article 5, Section 15061 (b)(3). This Board DIRECTS the Director- of Community Development to file a Notice of Exemption with the County Clerk, and DIRECTS the Public Works Director to ar.-range for payment of the $50.00 fee to the County Clerk for filing and a $25.00 tee to Community Development for processing of the Notice of Exemption. B. DECLARE: that this Board, on March 13, 2007 approved a Notice of Intention fixing April 10, 2007, at 9:30 a.m. or thereafter, in its Chambers, County Administration building, 651 Pine Street, Martinez, California, as the time and place where it would meet to consummate the purchase of the real property described therein from J&L Busby Co., LLC., said property being required for County purposes. Said Notice was duly published in the Contra Costa Times in compliance with Govt. Code Section 6063. C. BOARD hereby consummates said purchase by exercising the option to purchase the real property at 555 Escobar Street, Martinez, California in accordance with the teens and conditions of Section 29 of the Lease Agreement, dated April 26, 2005, between J&L Busby Co., LLC., and Contra Costa County. .D. The County Auditor Controller is hereby Q,1RECTED to issue a check in favor of Placer Title Company Escrow No. 615-10362 1:or the aggregates m of$10,993,524 r said property for payment to Grantor, upon their conveying to the County a deed there re. Continued on Attachment: SIGNATURE: _ZlftECOMMENDA'1'ION OF C:OLINTY ADMIN 'T ki R RECOMMENDATION OF BOARD COiNMI TE _&/tCPPROVE OTHER SIGNATURE(S): r,r ACTION OF BO ON �A,py�//p_ dQ�sp� APPROVED AS RECOMMENDED_OTHER VOTE • SUPE SORS �^ UNANIMOUS(ABSENT) AYES: NOES:_ I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the onReau1rop'2007 riles\130&Res TO BusbyPurcltase.doc minutes of the Board of Supervisors on the Ori&.Div: Public works('R/P) date shown. Contact: C.Sousa (313.22-52) O cc: CountyAdministtator Auditor-Controller ATTESTED: y/ Board Orders Senior Clerk,Admin. JOHN CULLEN, Clerk of the Board of T. 1'orres.Environmental Section Supervisors and County Administrator I.Bergeron,C'omputcr SCR IC'eS Recorder(via R%11) By Deputy SUBJECT: DETERMINE that the activity is exempt from the California Environmental Quality Act (CEQA) Guidelines and APPROVE the Purchase of real property located at 555 Escobar- Street, Martinez Area, (District II) [CP#06-1 l2] DATE: kpril 10, 2007 PAGE: Page 2 of 2 Recommended Action: Subject to satisfaction of the terms and conditions set forth in Section 29 of said Lease Agreement, the Board hereby ACCEPTS the Grant Deed in the form attached hereto and made a part hereof from J&L Busy Co., LLC. and DIRECTS the Real Property Division to have recorded with a certified copy of this Board Order. Financial Impact: Under the terms of the Lease, when the County closes escrow on the purchase, the County will no longer be obligated to pay rent of$83,556 per month which is required during the first lease year of the Post Construction Period. For the purchase 14.5% will come from the Clerk-Recorder's budget, 14.51/o will come from Micrographic Modernizations fiends accumulated by the Clerk-Recorder, and 71% will come from lease revenue bonds being sold in 2007. Reasons for Recommendations and Background: The County has entered into a long term ground lease for the property at 555 Escobar Street in Martinez (APN 373-182-001). The lease provides that the Lessor will construct an approximately 36,000 square foot office building for occupancy by the Clerk-Recorder. The lease also includes a purchase option whereby the County can purchase the improved property at any time during the tern of the lease. The purchase will terminate the obligation by the County to pay rent. The Board of Supervisors determined the purchase of this property was exempt under CEQA oil March 13, 2007, however, County staff failed to post the Notice of Exemption within five (5) days of the approved Notice of Intent to purchase. The Board of Supervisors is again determining the purchase is exempt in order to allow County staff to post the Notice of Exemption. Consequences of Negative Action: The County will not obtain ownership interest and will be obligated to continue to pay rent. CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exen-iption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-7250 Contact Person: Steven B. Van Horn Project Description, Common Name (if any) and Location: CP# 06-112, T00668, Purchase of 555 Escobar Street, Martinez. This project is exempt from CEQA as a: [check which ever one applies] Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) ® General Rule of Applicability (Section 15061(b)(3)) Emergency Project(Sec. 15269(b) or (c)) Categorical Exemption, Class Section for the following reason(s)- tt can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Contra Costa County has a lease with J & L Busby Co., LLC, for the property at 555 Escobar Street, Martinez. That is the site of the new Clerk-Recorder building. The lease contains an option by which the County can purchase the property. The improvements to the property are nearing completion. The County intends to accept those improvements, exercise its purchase option, and purchase the property. The purchase of the property will have no significant effect on the environment. The activity will be only a transfer of the ownership of the property. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County General Services Department Attention: Steven B. Van Horn 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 County Clerk Fee $25 Due \\GSD-APP\UsersSlsvanhom%DATA\Worddocs\Clerk-Recorder Proiect\555EscobarCeea4.dec CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-7250 Contact Person: Steven B. Van Horn Project Description, Common Name (if any) and Location: CP# 06-112, T00668, Purchase of 555 Escobar Street, Martinez. This project is exempt from CEQA as a: [check which ever one applies] Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) ® General Rule of Applicability(Section 15061(b)(3)) Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, Class Section for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Contra Costa County has a lease with J & L Busby Co., LLC, for the property at 555 Escobar Street, Martinez. That is the site of the new Clerk-Recorder building. The lease contains an option by which the County can purchase the property. The improvements to the property are nearing completion. The County intends to accept those improvements, exercise its purchase option, and purchase the property. The purchase of the property will have no significant effect on the environment. The activity will be only a transfer of the ownership of the property. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County General Services Department Attention: Steven B. Van Horn 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 County Clerk Fee $25 Due \\GSD-APP\Users$\svanhom\DATA\Worddocs\Clerk-Recorder Project\555EscobarCega4.doc DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: T00668 CP NO.: 06-112 ACTIVITY NAME: Purchase of 555 Escobar Street, Martinez DATE: December 20, 2006 PREPARED BY: Steven B. Van Horn This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: Contra Costa County has a lease with J S L Busby Co., LLC, for the property at 555 Escobar Street, Martinez. That is the site of the new Clerk-Recorder building. The lease contains an option by which the County can purchase the property. The improvements to the property are nearing completion. The County intends to accept those improvements, exercise its purchase option, and purchase the property. The purchase of the property will have no significant effect on the environment. The activity will be only a transfer of the ownership of the property. LOCATION: 555 Escobar Street, Martinez. REVIEWED BY: DATE: APPROVED BY: ^.,;� C DATE: /—/6 —c7 Community Development Representative \\GSD-All P\Users$\svanborn\DATA\W crddocs\Clerk-Recorder Projcct1,555EscobarCega3.doc (Form Reviscd 2/97) 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- Cheryl Sousa Assessor's Parcel No.: 373-182-001 Title Co. Order No.: 615-10362 GRANT DEED For Value Received, receipt of which is hereby acknowledged, AL Busby Co. LLC, a California Limited Liability Company, GRANT(S)to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Martinez, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR J&L Busby Co., LLC Date Title: Title: ATTACH APPROPRIATE ACKNOWLEDGMENT G:IGrpDatalRealPropIFORMSIDE.1 a.doc 9113101