HomeMy WebLinkAboutMINUTES - 05012007 - C.08 TO: BOARD OF SUPERVISORS t�=.=_=_�; Contra
,
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR r,
CostaC g
DATE: May 1, 2007 �'� - v1
County
rA covri`�
SUBJECT: APPROVE the Purchase and Sales Agreement, ACCEPT Grant Deed dated March 22, 2007 from
Andrew M. Giovannini, and Alice Y. Giovannini, Trustees, and AUTHORIZE the Auditor-
Controller to process the payment of$43,100, for the Camino Tassajara Shoulder Widening Project,
unincorporated Blackhawk area. [CDD-CP# 05-23] (District III)
Project No.: 0662-6R4020 Task: ACQ Acct: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
A. APPROVE the Purchase and Sales Agreement and ACCEPT Grant Deed dated March 22, 2007
from Andrew M. Giovannini and Alice Y. Giovannini, Trustees, U.D.T., (Under Declaration of
Trust) dated February 23, 2001.
B. AUTHORIZE Public Works Director or designee to execute said Purchase and Sales Agreement, on
behalf of the County.
C. APPROVE payment of$43,100 for said property rights and AUTHORIZE the Auditor-Controller
to issue a check in said amount payable to: Placer Title Company, 1981 N. Broadway, #100, Walnut
Creek, CA 94596, Escrow# 615-10078, to be forwarded to the Real Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant Deed delivered to the Title
Company for recording in the Office of the County Recorder.
Continued on Attachment: ✓ SIGNATURE: L�
ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
--,CPPROVE OTHER
SIGNATURE(S)..
ACTION OF BO ON CD/ �,PJ� APPROVED AS RECOMMENDED OTHER
VOTE F SUPE VISORS I hereby certify that this is a true and correct copy of an
UNANIMOUS(ABSENT) NG»` action taken and entered on the minutes of the Board of
AYES: NOES: Supervisors on the date shown.
ABSENT: ABSTAIN:
ATTESTED: d/ oza��
G:\RealProp\2007-Files\BOS Public orks OS&Res 07\Camino Tass BO.A.doc JOHN CULLEN,Clerks-of the Board of
Orig.Div: Public Works(R/P)
Contact: (3- ) Supervisors and County Administrator
cc: County Administrator
Auditor-Controller(via R/P) By Deputy
P.W.Accounting
I.Bergeron,Computer Services
Recorder(via R/P)
SUBJECT: APPROVE the Purchase and Sales Agreement, ACCEPT Grant Deed dated March 22, 2007 from
Andrew M. Giovannini, and Alice Y. Giovannini, Trustees, and AUTHORIZE the Auditor-
Controller to process the payment of$43,100, for the Camino Tassajara Shoulder Widening Project,
unincorporated Blackhawk area [CDD-CP#05-23] Project No.: 0662-6R4020 (District III)
DATE: May 1, 2007
PAGE: 2 of 2
Financial Impact:
Right of Way acquisition is funded by the Tassajara Area of Benefit Funds and the South County Area of Benefit
Funds. A portion of the project's construction is federally funded.
Reasons for Recommendations and Background:
Contra Costa County is planning the Camino Tassajara Shoulder Widening Project to provide a shoulder recovery area
for drivers along Camino Tassajara Road. The existing roadway consists of two 12-foot wide lanes with inadequate
shoulders. The project includes widening the road Right of Way by 12-feet to accommodate a 4-foot wide paved
shoulder and a 2-foot wide unpaved shoulder backing on each side of the two 12-foot wide travel lanes.
Consequences of Negative Action:
Delay in obtaining the property rights may jeopardize Federal Funding and the project would have inadequate property
rights to build the project.
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: David Kramer
Ptn. Assessor's Parcel No. 205-070.-010
Title Co. Order No. 615-10078
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, ANDREW M. GIOVANNINI AND
ALICE Y. GIOVANNINI, TRUSTEES, U.D.T. (UNDER DECLARATION OF TRUST), DATED
FEBRUARY 23, 2001
GRANT(S)to
CONTRA COSTA COUNTY, a political subdivision of the State of California,
The following described real property in the nincorporated area of the County
of Contra Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTORS
Date a�l 04 -
Andrew M. Giovannini
Alice Y. Giovannini
ATTACH APPROPRIATE ACKNOWLEDGMENT
G:\RealProp\2007-Files\07-2\DE.01 Camino Tass Giovannini Property.doc
2/14/06
Giovannini
Portion of A.P.N. 205-070-010
Camino Tassajara Widening
Drawing No. RW4721 C-2006
EXHIBIT "A"
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of the southeast one-quarter of Section 4, Township 2
South, Range 1 East, Mount Diablo Meridian, also being a portion of the Giovannini
property described in the deed recorded March 6, 2001 in Series Number 2001-
052501, Contra Costa County records, described as follows:
PARCEL Three-Fee Title
Beginning at the northwest comer of said Giovannini property (2001-052501), being
the southwest comer of the property described in the deed to Thomas, recorded
September -23, 2004 in Series Number 2004-366350; thence southerly along the
westerly line of said Giovannini property, said line being also the easterly Right of
Way line of Camino Tassajara, south 2051'27" east, 475.00 feet (the bearing south
2"51'27" east being taken for the purpose of this description)to the southwest comer
of said Giovannini property (2001-052501). being the south line of said Section 4;
thence easterly along said line, south 88033'27" east, 12.30 feet; thence leaving said
line, north 2°45'40"west, 37.30 feet; thence north 5048'50" west, 150.21 feet; thence
north 2°11'17" west, 288.03 feet to a point on the northerly line of said Giovannini
property (2001-052501); thence westerly along said northerly line, north 88°33'27"
west, 7.97 feet; to the Point of Beginning.
Containing an area of 3,526 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone ill (CCS83).
Distances given are ground.
Exhibit "B" attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature: '' -- -�
Licensed Land Surveyor sly'
Contra Costa County Public Works y
Date: .2 I a�`,f�� LS '.6571
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G:\GrpData\Design\SURVEYS\Legais\Extu6its20061Giovanninkrev).doc
KT:js 2-27-07
I EXHIBIT " B "
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Comino Tosso joro Right of Woy
Instrument : Grant Deed Scole 1"-60' Dote Jonuory 2007
Drown By K7 File No. A-4:2iC-2007
ieries No. Recorded Checked By JS Cad File aw40200>e.egn
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On March 22, 2007, before me, David Kramer Deputy Clerk of the Board of Supervisors,
Contra Costa County, personally appeared Andrew M. Giovannini and Alice Y.
Giovannini, who are personally known to me(or proved to me on the basis of satisfactory
evidence) to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted executed the instrument.
WITNESS my hand and official seal.
Deputy Clerk
5�• k0
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GARea1Prop\David\Misc\AK.01-Giovannini.doc2/20/06
SQA co yA.T
Portion Parcel Number: 205-070-010 Grantor: Andrew M. &Alice Y. Giovannini, TRE
Project Name: Camino Tassajara Shoulder Widening Address: 5901 Camino Tassajara
Project Number: 0662-6R4020 Pleasanton, CA 94588
Federal Project No.: RPSTPLE 5928 (072)
PURCHASE AND SALE AGREEMENT BETWEEN
CONTRA COSTA COUNTY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa County, a political subdivision of the State of
California, (hereinafter "County") and Andrew M Giovannini and Alice Y. Giovannini, Trustees, U.D.T. (Under
Declaration of Trust), dated February 23, 2001 (hereinafter"Grantors").
RECITALS
Grantors are the owners of a portion of real property approximately 3,526 s.f. located in 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 County's Governing
Board. This Agreement is effective on the date approved by the County's Governing Board ("Effective
Date"). This Agreement will be submitted to the Grantors first for approval, and thereafter to the County.
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantors agree to sell and
County agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be FORTY-THREE THOUSAND ONE
HUNDRED DOLLARS and 00/100 Dollars ($43,100.00) ("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 Grantors
as of the date title shall vest in County 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 Andrew M. Giovannini and Alice Y. Giovannini, Trustees,
U.D.T. (Under Declaration of Trust), dated February 23, 2001.
4. Conditions to County's Performance. The County's obligation to perform under this Agreement is
subject to the following conditions:
4.1. Grantors' representations and warranties in this Agreement being correct as of the date of this
Agreement and as of the Close of Escrow.
4.2. Grantors' performance of all obligations under this Agreement.
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4.3. The vesting of title to the Property in the County 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 Report dated March 2,
2007, issued by Placer Title Company:
A. Covenants, conditions, restriction and reservations of record, listed as exception: None
B. Easements or rights of way of record over said property, listed as exception 6.
C. Other Approved Exception: None.
4.4. Placer Title Company is prepared to issue a CLTA title insurance policy in the full amount of the
purchase price, subject only to the Approved Exception ("Title Policy").
If County determines that any of these conditions have not been met, County 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, County and Grantors establish an escrow ("Escrow") with Placer Title
Company, 1981 N. Broadway, #100, Walnut Creek, CA,94596, ("Title Company") their Escrow No. 615-
10078. Grantors hereby authorize County 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 County shall pay all escrow and recording fees incurred in this
transaction and, if title insurance is desired by the County, the premium charged therefor.
5.2 Grantors Deposit into Escrow. On or before the close of escrow, Grantors will deliver into Escrow
with the Title Company the following documents:
A. A grant deed, in recordable form and properly executed on behalf of Grantors, in a form
approved by County conveying to County 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 County has agreed in writing are to remain in effect after County takes title.
C. Grantors' affidavit of nonforeign status as contemplated by Section 1445 of the Internal
Revenue Code of 1986, as amended [26 USCA§14451 ("FIRPTA Affidavit"); and
D. Grantors' affidavit as contemplated by the Revenue and Taxation Code § 18662
("Withholding Affidavit").
5.3. Deposit of Purchase Price into Escrow by County. Prior to the Close of Escrow, County will deposit
the Purchase Price into escrow with the Title Company.
5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the County("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 County care of David Kramer, Real
Property Agent for the County(which shall be deemed delivery to the County);
B. Issue the Title Policy, if requested to do so by the County;
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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 County and to the Grantors 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 Grantors and the County and retain all funds and documents pending receipt of
further instructions from the County.
6. Grantors' 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 County. Grantors represent and warrant to the County that as of the date of this Agreement
and as of the Close of Escrow:
6.1. Marketable Title. Grantors are the owners 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 County
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 easements 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 County after the Close of Escrow without the
prior written consent of the County.
6.2 Condition of Property. Grantors have disclosed to the County 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
County either directly or through Grantors' agents is.accurate and Grantors have disclosed all
material facts with respect to the Property.
6.3 Other Matters Affecting Prooerty. To the best of Grantors' knowledge, there are not presently any
actions, suits, or proceedings pending or, to the best of Grantors' knowledge, threatened against or
affecting the Property or the interest of Grantors in the Property or its use that would affect
Grantors' 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 Grantors' knowledge there are not presently any pending or
threatened condemnation, eminent domain or similar proceedings affecting the Property. Grantors
shall promptly notify County of any of these matters arising in the future.
6.4 Grantors' Agency. 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 Grantors' rights to the Property.
In addition to any other remedies that may be available to the County as the result of a breach of any of the
foregoing warranties or representations, Grantors agree to defend and hold the County harmless and
reimburse the County 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.
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7. County's Representations and Warranties. County warrants that, upon approval of this Agreement by
the County's governing body, this Agreement shall constitute a binding obligation of the County.
8. Hazardous Materials Clause. The Grantors' hereby represent and warrant that during the period of
Grantors 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 represent
and warrant that Grantors have 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 Agreement and shall not merge in
the deed or other documents following the delivery and recordation of said deed or other documents.
10.. Right of Entry. From and after the Effective Date of this Agreement and at all times until this Agreement
is terminated or title vests in the County, County shall have the right at all reasonable times to enter on the
Property for the purposes of the County, including but not limited to conducting soils tests, surveys, studies
and for the purposes of excavating, constructing the pavement widening, installing the pipe culvert
extensions; conforming the driveways, and traffic striping. County will indemnify and hold Grantors
harmless against any damages or costs' arising from County's or County's designated persons' entry onto
the Property, including but not limited to attorneys' fees and costs.
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: Andrew and Alice Giovannini, TRE
5901 Camino Tassajara, Pleasanton, CA 94588
Andrew Giovannini
3490 20th Street, 3`d Floor
San Francisco, CA 94110-2582
Telephone: (415) 308-9245 (Alice's Cell)
County: Contra Costa County
Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2227
Attn: David Kramer
or to such other addresses as County and Grantors may respectively designate by written notice to the
other.
12. 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 County of all
further obligation or claims on this account, or on account of the location, grade or construction of the
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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 County, 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 County's acquisition of the subject property and agrees never to assert
such a claim.
13. 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.
14. 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 documents as requested in order to carry out the intent and purpose of this Agreement.
15. 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
16. 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.
REMAINDER
OF PAGE
LEFT
INTENTIONALLY BLANK
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-From:CONTRA COSTA COUNTY PUB. WORKS 9258460288 04/18/2007 10:02 #095 P.007/007
17. 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.
CONTRA COSTA COUNTY GRANTOR
RECOMMENDED FOR APPROVAL:
By
ndrew M, Glovannini, Trustee
B
Real Prooerty Agent
By
By— Alice Giovannini, Trustee
P ' ipayFt4af�sropihy- Agent late 009
(Date Signed by Grantors)
APP;RD-
By
Public Works Director
Date: A, / X007 Date:
(Dat of Board Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
:CSP
G:kRealProp42007-FlWs107-41AG.12a(County)Giovannini.doc
4/17/07
(FORM APPROVED BY COUNTY COUNSEL 6/99)
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