HomeMy WebLinkAboutMINUTES - 04082008 - C.66 TO: REDEVELOPMENT AGENCY Contra
FROM: John Cullen, Executive Director _ Costa
DATE: April 8, 2008 _ �Y`�om Count
a�o�x v
SUBJECT: Orbisonia Heights Property Acquisition, Bay Point Area
SPECIFIC REQUES F(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA FION
Recommended Action:
A. APPROVE Purchase and Sale Agreement and ACCEPT the Grant Deed from Yoshiko M.Albertson,for the
purchase of 498 Wollam Avenue,.Bay Point, identified as Assessor's Parcel Number 094-016-002.
B. AUTHORIZE the Redevelopment Director to execute said Purchase and Sale Ageement on behalf of the
Redevelopment Agency.
C. APPROVE payment of$500,000 for said property rights and AUTHORIZE the Auditor-Controller to issue a
check in said amount payable to Financial Title Insurance Company, 1676 North California Blvd. Suite
P117, Walnut Creek, CA 94596, Escrow No. 43143257-520-HM 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: x SIGNATURE:
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE,
_e,,CPPROVE OTHER
SIGNATURE(S) r
ACTION OF AG YON APPROVED AS RECOMMENDED HER
VOTE OF COSSIONERS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
/ CORRECT COPY OF AN ACTION TAKEN AND
V UNANIMOUS(ABSENT . 0 ) ENTERED ON THE MINUTES OF THE
AYES: NOES: REDEVELOPMENT.AGENCY ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED 0
,t Q h, 0
Orig. Div: Redevelopment Agency JOHN CU LEN,AGENCY SECRETARY
Contact::Maureen Toms—Redevelopment Agency(335-7230)
cc: County Administrator
Auditor-Controller
Assessor's Office By. Kms, 1 IXJwVIx� J 1�� ��cc����••
PW Real Property—C.Sousa Depute
SUBJECT: Orbisonia Heights Property Acquisition, Bay Point Area
DATE: April 8, 2008
PAGE: 2
Fiscal Impact:
This activity is funded by the Contra Costa County Redevelopment Agency(100%). No General Fund money was
used on this project.
Reasons for Recommendations and Background:
This project is to redevelop approximately 7.6 acres of the Orbisonia Heights subdivision with residential mixed-use,
transit-oriented development as described and planned for in the Pittsburg/Bay Point BART Station Specific Plan
approved by the Contra Costa County Board of Supervisors. In order to meet the purpose of this portion of the
Specific Plan acquisition of the existing residential properties southeast of the State Highway 4/13ailey Road
Interchange must occur.
Consequences of Negative Action:
The Agency will not be able to assemble this property with the current properties already acquired within the
Specific Plan in the unincorporated community of Bay Point in Contra Costa County.
Parcel Number: 094-016-002 Grantors: Yoshiko M. Albertson, Tre
Project Name: Orbisonia Heights - Redevelopment Address: 495 Wollam Avenue
Project Number: 4500-6X5489 Bay Point,_CA 94565
PURCHASE AND SALE AGREEMENT BETWEEN
THE 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 Yoshiko M. Albertson,
Trustee of the Yoshiko M. Albertson.Revocable Trust Dated June 23, 1992 (hereinafter"Grantor").
RECITALS
Grantor is the owner of approximately 12,100 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 Property.
3. Purchase Price. The purchase price for the Property shall be FIVE HUNDRED THOUSAND DOLLARS
($500,000) ("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 Yoshiko M. Albertson, Trustee of the Yoshiko M. Albertson
Revocable Trust Dated June 23, 1992.
4. Conditions to Agency's Performance. The Agency'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.
G:\RealProp\RedevelopmentWG.12 Purchase&Sale Agreement Albertsonl.doc
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 Report dated March 2,
2007, issued by Financial Title Company:
A. Covenants, conditions, restrictions and reservations of record, listed as exception 4.
B. Easements or rights of way of record over said property, listed as exception -None.
C. Other approved exception(s)- None.
4.4. Financial Title Company is prepared to issue a CLTA title insurance policy in the full amount of the
purchase price, subjectonly 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 Grantors establish an escrow ("Escrow") with Financial Title
Company, 1676 N. California Blvd., #P117, Walnut Creek, CA 94596, their Escrow No. 43143257-510-
HM ("Title Company"). Grantors hereby authorize 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' 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 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. Grantors 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. Grantors affidavit as contemplated by the Revenue and Taxation Code § 18662
("Withholding Affidavit").
5.3. Deposit of Purchase Price into Escrow by Agency. Prior to the Close of Escrow, Agency 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 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 R. Sousa, Real
Property Agent for the Agency(which shall be deemed delivery to the Agency);
GARealProp\Redevelopment\AG.12 Purchase&Sale Agreement Albertsonl.doc
. v
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.
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 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 warrant to the Agency that as of the date of this
Agreement and as of the Close of Escrow:
6.1 Relocation Benefits: Grantors' rights to relocation benefits, if any, (as set forth in California
Government Code Section 7260 et seq. and 42 United States Code section 4601 et seq.) have
been explained fully and are understood by Grantors. Grantors agree that the payment of
compensation set forth herein includes full compensation for any relocation payments to which
Grantors may be entitled. Grantors warrant and represent that Grantors do not have, nor shall
they claim, any further right to relocation benefits arising out of or connected with the
acquisition of the subject Property by the Agency; and Grantors knowingly waive any such right
or claim.
6.2 Compensation: Grantors warrant and represent that they have no other right or claim to
compensation arising out of or connected with the acquisition of the subject Property by the
Agency, or the work to be performed or actions taken as part of the project or pursuant to this
Agreement, 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 the Agency's acquisition of the subject Property and agrees never to assert such a
claim. Grantors expressly waive all rights provided by section 1542 of the California Civil Code,
which provides as follows:
A general release.does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor.,
6.3. 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
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 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 Agency after the Close of
Escrow without the prior written consent of the Agency.
G:\RealProp\Redevelopment\AG.12 Purchase&Sale Agreement Albertsonl.doc
6.4 Condition of Property-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 Grantors agents is accurate and Grantors have disclosed all
material facts with respect to the Property.
6.5 Other Matters Affecting Property. 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 Agency of any of these matters arising in the future.
.6.6 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 Agency as the result of a breach of any of
the 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. HAZ MAT CLAUSE 1030) (Not Tested-Unknown Hazardous Material Use. 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 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 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. Rental Agreement. It is agreed that the grantor shall have a thirty(30)day grace period commencing on
the day following the date of recordation of the deed conveying title to the Agency, and thereafter, the
Agency will rent the property to the grantor using the Agency's standard form of Rental Agreement
commencing the day following the termination of the grace period.
The rental rate shall be $594.00 per month subject to all the terms and conditions as contained in said
rental agreement, including the right of either party to cancel and terminate such rental agreement upon
thirty (30) days written notice. Said rental rate shall remain in effect for a period of at least one year, if the
property is available for occupancy for that period, and subject to the right of the Agency to establish a
new rental rate after one year if the property remains available for rent.
G:\RealProp\Redevelopment\HG.12 Purchase&Sale Agreement Albertsonl.doc
s
10. 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.
11. Possession of the Property. Possession of the Property shall be delivered to the Agency at'the Close
of Escrow.
12. 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: Yoshiko M. Albertson
Trustee of the Yoshiko M. Albertson Revocable Trust Dated June 23, 1992
495 Wollam Avenue
Bay Point, CA 94565
Telephone: 925-458-1385
Agency: Contra Costa County Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Telephone: 925-313-2252
Attn: Cheryl R. 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. 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 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
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 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.
G:\RealProp\Redevelopment\AG.12 Purchase&Sale Agreement Albertsonl.doc
r
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 parry
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.
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.
CONTRA COSTA COUNTY
REDEVELOPMENT AGENCY GRANTORS
RECOMMENDED FOR APPROVAL: By
Yoshiko M. Albertson, Trustee
Of the Yoshiko M. Albertson
Revocable Trust Dated June 23, 1992
By
Cheryl ous
Real Pr erty gent
By Date:
Princi I FlWaf Property Agent (Date Signed by Grantor)
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
(FORM APPROVED BY COUNTY COUNSEL 6/99)
G:1RealProplRedevelopmentlAG.12 Purchase&Sate Agreement Albertsonl.doc .
Recorded at the request of:
Contra Costa County Redevelopment
Agency COV)
Return to:
Contra Costa County
Public Works Department.
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: C. Sousa
Assessor's Parcel No. 094-016-002
Title Co. Order No. 43143257-510-HM
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, Yoshiko M. Albertson, Trustee of the
Yoshiko M. Albertson Revocable Trust Dated June 23, 1992
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
oshiko M. Albertson,
Trustee of the Yoshiko M.Albertson Revocable
Trust Dated June 23, 1992
ATTACH APPROPRIATE ACKNOWLEDGMENT
G:\RealProp\Revedelopment\DE.Oia Albertson.doc
2/27/07
Exhibit A
LEGAL DESCRIPTION
The land referred to in this Report is described as follows:
All that certain real property situated in the unincorporated area, County of Contra Costa, State of California,
described as follows:
Portion of the northwest `/ of the southeast '14 of Section 14,Township 2 North, Range 1 West,Mount Diablo
Base and Meridian,described as follows:
Begnuiing on the North line of the parcel of land described in the deed to Louis Tallant Roberts, recorded
December 23, 1941,Book 627, Official Records, Pages 447 at the East line of the parcel of land described in
the deed to Contra Costa County recorded October 21, 1937,Book 446, Official Records, Page 165; thence
from said point of beginning South 0° 45' East along said East line, 110 feet to the North line of the parcel of
land described in the deed to Carl A. Widing, et ux, recorded April 9, 1943, Book 725,Official Records,Page
437; thence North 89° 46' East along said North line, 87.5 feet to the East line of said Roberts parcel,627 OR
447; thence along the East and North lines of said Roberts parcel, 627 OR 447 North 0°45' West, 110 feet and
South 890 46' West, 87.5 feet to the point of beginning.
APN: 094-016-002
J