HomeMy WebLinkAboutMINUTES - 05082007 - C.1 E SEL
TO: BOARD OF SUPERVISORS Contra`��=��'
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR - ?� Costa
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DATE:_ May 8, 2007 County
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SUBJECT: APPROVE the Purchase and Sales Agreement, ACCEPT Grant Deed dated April 9, 2007 from
Clausen Investments, L.P., and AUTHORIZE the Auditor-Controller to process the payment of
$14,900, for the Camino Tassajara Shoulder Widening Project, San Ramon 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 April 9, 2007 from
Clausen Investments, L.P., a California Limited Partnership.
B. AUTHORIZE Public Works Director or designee to execute said Purchase and Sales Agreement, on
behalf of the County.
C. APPROVE payment of $14,900.00 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 # 615-10079, to be forwarded to the Real Property Division
for delivery.
D. DIRECT the Read 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: SIGNAT E: —�
ECOMMENDATION OF COUNTY AD NISTR TOR
_RECOMMENDATION OF BOARD CO I EE
✓APPROVE OTHER
SIGNATURE(S):
ACTION OF BOAR d � APPROVED AS RECOMMENDED OTHER_
VOTESUPERVISORSI hereby certify that this is a true and correct copy of an
UNANIMOUS(ABSENT) IQ1"e/ . action taken and entered on the minutes of the Board of
AYES: NOES:. Supervisors on the date shown.
ABSENT: ABSTAIN: r�
ATTESTED: �-
G:\RealProp\2007-Files\BOS&Res 07\BO-Camino Tass Clausen.doc JOHN CULLEN, Cf@A of the Board of
Orig.Div: Public Works(R/P)
Contact: Carmen Pala-Sandoval(3-2012) Supervisors and County Administrator
cc: County Administrator
Auditor-Controller(via R/P) By �'� Deputy
P.W.Accounting
1.Bergeron,Computer Services h
Recorder(via R/P)
Trans.Eng
SUBJECT: APPROVE the Purchase and Sales Agreement, ACCEPT Grant Deed dated April 7, 2007 from
Clausen Investments, L.P., and AUTHORIZE the Auditor-Controller to process the payment of
$14,900.00 for the Camino Tassajara Shoulder Widening Project, San Ramon area.
[CDD-CP# 05-23] Project No.: 0662-6R4020 (District III)
DATE: May 8, 2007
PAGE: 2 of 2
Financial Impact:
Right of Way acquisition is funded 50%by the Tassajara Area of Benefit Funds and 50% by 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 Tassajai;a 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.
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Portion Marcel Number: 205-0901.00 GranW. Clausen invesirnents, L.F.
Project Name: Camino Tassajare Shoulder,Widening Address: 10210 VV. Barstow,
Project Humber: 0662-6R4020 Fresno, CA 43722
Federal Project No.: RPSTPLE 5828 (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 Clausen Investments, L.P., a California Limited Partnership (hereinafter
"Grantor").
RECITALS
Grantor is the owner of a portion of real property approximately 5,568 s.f. located in Contra Costa County,
California and described on Exhibits"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 Grantor first for approval, and thereafter to the County.
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and
County agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be FOURTEEN THOUSAND NINE
HUNDRED DOLLARS and'00/100 Dollars ($14,900.00) ("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 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 Clausen Investments, L.P., a California Limited Partnership.
4. Conditions to County's Performance. The County's obligation to perform 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.
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4.3. . The vesting of title to. the Property in.the County bj� grin( deed in tee simple absolute, freer arc:
clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes
except the following "Approved Exceptions" as outlined ire the Preliminar�o Report dated February
15, 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 4 and 10.
C. Other Approved Exceptions 8 and 9.
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. Exceptions ("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 Grantor and, if applicable, the Escrow agent.
5. Escrow. By this Agreement, County and Grantors establish an escrow ("Escrows') with Placer Title
Company, 1981 N. Broadway, #100, Walnut Creek, CA 94596, ("Title Company") their Escrow No. 615-
10079. Grantor hereby authorizes County 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, Gens 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 Grantor's Deposit into Escrow. On or before the close of escrow, 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 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. Grantor's affidavit of nonforeign rstatus 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 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 Carmen Pina-Sandoval,
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, arsessrnents, rents. ane other charger as provided by this A reernent;
E . 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 County 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 County and retain all funds and documents pending receipt of
further instructions from the County.
Grantor'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 County. Grantor, represents and warrants to the County 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, teases, 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, 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 County after the,Close of Escrow,without
the prior written consent of the County.
6.2 Condition of Property. Grantor has disclosed to the County 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
County either directly or through Grantor's agents is accurate and Grantor has disclosed all
material facts with respect to the Property.
6.3 Other Matters Affecting.Property. 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 promptly notify County 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 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, Grantor agreed 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, attomeys 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.
F. Caaunty't Representations.artia Warranties. County viarrants that, upon approval of this., kgreemerst bN,
the County's governing bode, this Agreerneni shall constitute G_ binding obligation of the Counts,.
&. Hazardous Materials Clause, 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's 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, surreys,
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 Grantor
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: Clausen Investments, L.P.
c/o Jorgen Clausen
10210 W. Barstow
Fresno, CA 93722
Telephone: (559) 843-2856
County: Contra Costa County
Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2012
Attn: Carmen Pifia-Sandoval
or to such other addresses as County and Grantor, 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
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 County, except. as specifically set forth in this
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G,gre6men , inciudinc but not limited to all ciaimt. for compensation foo improvemenit 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 cant' 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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I?. 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
CLAUSEN INVESTMENTS, L.P.
A California Limited Partnership
RECOMMENDED FOR APPROVAL:
1
Bycx -
J gen "lausen, General Partner
Real Property Agent ✓ /r
ByrI�
Kristine Clause, General Partner
By �CJt,
Principal Real Property Agent . Date Oy— /�-2 OV'7
(Date Signed by Grantors)
APPROVED: .
By
Pu orks Director
Date: 2p Date: _
(Date 6f 6oard Ap roval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
:CSP
CADoeuments and SettingsUorgen\Local Settings\Temporary Internet Files\Content.IE5\MPSZ6HM51AG.12a(County)Clausen.doc
4/17/07
(FORM APPROVED BY COUNTY COUNSEL 6/99)
(rl
Clausen Investments L-R
Portion of A.R.N. 205-090-009
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 Rancho San Ramon, also being a portion of the
Clausen Investments L.P. property described in the deed recorded December 7,
2000 in Series Number 2000-275603, Contra Costa County records, described as
follows:
PARCEL Four-Fee Title
Beginning at the northwest corner of said Clausen Investments L.P. property (2000-
275603), being the north line of Lot 1 "Map of Property of the Estate of Elizabeth A.
Dougherty" filed May, 4, 1891 in Book C.of Maps at page 63; thence southerly along
the westerly line of said Clausen property, being the easterly Right of Way line of
Camino Tassajara, south 2051'27" east, 607.72 feet (the bearing south 2051'27" east
being taken for the purpose of this description); thence continuing along said
westerly line, south 6056'35" east, 69.99 feet; thence continuing along said westerly
line, south 9041'49" east, 19.45 feet; thence leaving said line, north 4003'30" west,
83.11 feet; thence north 2042'00" west, 215.41 feet; thence north 2028'33" west,
34.60 feet; thence north 1'19'48" west, 100.02 feet; thence north 1042'37" west,
262.74 feet to a point on the northerly line of said Lot 1 (C Maps 63); thence westerly
along--said-northerly line, north 88033'27" west, 14.35 feet; to the Point of Beginning.
Containing an area of 5,568 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (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:
_7
Licensed Land Surveyor A S
Contra Costa County Public Works
Date: a�-�_� * EV.9/30/07
LS.6511
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