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Home My WebLink AboutAGENDA BACKUP 02-07-85 Contra Costa Sanitary District BOARD OF DIRECTORS NO. IV. CONSENT CALENDAR 2 2 7 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE JANUARY 29, 1985 SUBJECT TYPE OF ACTION ACCEPT GRANT OF EASEMENT FROM SHARON GRACE, DSP 2695, PARCEL 12 ACCEPT GRANT WALNUT CREEK AREA OF EASEMENT SUBMITTED BY DENNIS HALL INITIATING DEPT./DIV. ENGINEERING DEPARTMENT/CONSTRUCTION DIVISION Issue: The subject easement is the last one required for DSP 2695. Background: District staff first contacted Ms. Grace in June 1979, but were unable to reach an agreement for the easement. A condemnation action had to be filed in order to complete construction of DSP 2695. Through subsequent and protracted negotiations which were recently concluded, an agreement was reached in this matter and the required Grant of Easement has been executed by Ms. Grace. Recommendation: Approve and accept final easement for DSP 2695, Parcel 12, Walnut Creek. '-'It DH p~ CHIEF ENG. REVIEWED AND RECOMMEND INITIATING DEPT./DIV. JMc R8B RJD c((SD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. IV. CONSENT CALENDA 3 2 7 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE JANUARY 30, 1985 SUBJECT ACCEPT AND EXECUTE EASEMENT AGREEMENT WITH EDWIN O. DeSILVA, JOB 3991, PARCEL 2, ORINDA AREA TYPE OF ACTION ACCEPT AND EXECUTE EASEMENT AGREEMENT SUBMITTED BY DENNIS HAll INITIATING DEPT./DIV. ENGINEERING DEPARTMENT/CONSTRUCTION DIVISION Issue: The subject easement is required so that the public sewer can be extended across the DeSilva property to serve future Subdivision 6351 (8 residential lots). Background: Mr. DeSilva was unwilling to execute our standard Grant of Easement document. He had several concerns that are not addressed in our standard form. The subject agreement satisfies his concerns and also conforms to our standard practices. Recommendation: Approve and execute Grant of Easement Agreement and authorize its recording. INITIATING DEPT./DIV. fJW REVIEWED AND RECOMMENDED. lilt- DH JMc RAB RJD c((SD Central Contra Costa Sanitary District BOARD OF DIRECTORS N~ IV. CONSENT CALENDAR 4 ?/7 /P,~ OS On I VIA: ROGER J. DOLAN P 1--:1 N r'APER General Manager-Chief Engineer SUBJECT AUTHORIZATION FOR P.A. 85-4 (WALNUT CREEK) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT DATE JANUARY 29, 1985 TYPE OF ACTION ACCEPT FOR PROCESSING DENNIS HALL INITIATING DEPT./DIV. ENGINEERING DEPARTMENT/CONSTRUCTION DIVISION SUBMITTED BY Parcel No. Area Owner Address Parcel No. & Acreaae Lead Remarks Aaency 85-4 Walnut Creek Charles E. Birt 813 Hutchinson Road Walnut Creek, CA 139-071-043 (0.44 AC.) Existing house - CCCSD septic tank system has failed. Owner must connect to public sewer. District to prepare "Notice of Exemption." RECOMMENDATION: Authorize P.A. 85-4 to be included in a future formal annexation. 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V. ENGINEERING 1 2 7 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE FEBRUARY 1, 1985 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT WITH JOHN CAROLLO ENGINEERS FOR ENGINEERING SERVICES FOR WATERSHED 33 TRUNK SEWER PREDESIGN, PROJECT NO. 3733 TYPE OF ACTION AUTHORIZE EXECUTION OF A CONTRACT SUBMITTED BY JAY McCOY INITIATING DEPT./DIV. ENGINEERING DEPARTMENT/CONSTRUCTION DIVISION ISSUE: It is necessary to continue the efforts on the project to expand the collection system capacity in the San Ramon Valley. The next step of this project is to perform a predesign study. Board approval is required for the General Manager-Chief Engineer to execute a contract with John Carollo Engineers to prepare a predesign study report. BACKGROUND: The Watershed 33 Trunk Sewer Project consi sts of the desi gn and construction of a large diameter pipeline from Larwin Pump Station to the City of Walnut Creek, a distance of 12 miles. The first phase of the project, the sewer master plan of the San Ramon Valley by Lowry & Associates, has identified the need for these trunk sewer capacity improvements by the year 2000. The second phase of the trunk sewer project will consist of the completion of a predesign report. The predesi gn report will incl ude an eval uati on of al ternative pi pel ine routes, an evaluation of alternative designs, and a preliminary cost estimate for the three best apparent alternatives. The report will contain information which will be utilized in future negotiations with Contra Costa County for the purchase of property rights for the future pipel ine. The report will al so be used as a basis for an alternative analysis in the Environmental Impact Report for the proj ect. The major project milestones are envisioned as follows: Mil estone Predesign Report EIR Design Construction (first phase) Completion Date April 1985 1986 1986 1987 The predesign report was originally scheduled for later in 1985 but, due to the current activity by Contra Costa County and East Bay Municipal Utility District to acquire the abandoned Southern Pacific (SP) Right-of-Way (one important alignment to consider), it is important to start the predesign immediately. The predesign will address the viabil ity and cost of util izing the SP strip for the proposed trunk sewer. Since present District staff is committed to other projects, a consultant must be engaged to perform the work. The firm of John Carollo Engineers has been chosen because of their expertise in sewer predesign and their familiarity with District standards and requirements. REVIEWED AND RECOMMENDED FOR BOARD ACTION RJD 91$ RAB POSITION PAPER PAGE 2 The cost of the predesign work by John Carollo Engineers has been negotiated on a cost reimbursement basis with a cost ceiling of $59,000. Funds for this work were included in a previous Board authorization. An itemization of the cost of all of the predesign report work is incl uded on Attachment A. The total cost of the Watershed 33 Trunk Sewer Project is prel iminarlly estimated to be between $10 mill ion and $20 mill ion. <The preliminary cost estimate will be improved in the predesign report, the final engineers estimate will be made as part of the project design.) This project is included in the Five Year Capital Expenditure Plan. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a contract with John Carollo Engineers for engineering services for the Watershed 33 Trunk Sewer Predesign, Project No. 3733. (Funds for this work have been previously authorized by the Board.) ATTACHMENT A WATERSHED 33 PREDESIGN REPORT PROJ ECT NO. 3733 - COST BREAKDOW N District Project Management District Survey John Carollo Engineers Preliminary Property Appraisal Property Acquisition (staff time) Legal TOTAL $ 5,000 22,000 59,000 9,000 3,000 3,000 $101,000 CENTRAL ~ONTRA COSTA SAN ITAti 'I DISTRICT ~~'b ~ ~~Z "",,, \11\, ~ c;.. --- ~O SAN ~ v", ~\C' C' 0 <;:>' . <$> "9..1- itary BOARD OF DIRECTORS No.VI. TREATMENT PLANT 1 2 7 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE SUBJECT Januar 17, 1985 TYPE OF ACTION AUTHORIZE $80,300 FROM SEWER CONSTRUCTION FUNDS FOR DISTRICT SECURITY AND LOSS PREVENTION MEASURES AUTHORIZE FUNDS SUBMITTED BY ISSUE: Additional funds are required to continue the District's security and loss prevention program. BACKGROUND: The District established a "Security and Loss Prevention Program" as a result of the move of the Headquarters Office Building to, and increasing growth around, the Treatment Plant site. This program was encouraged by District Counsel as a means of limiting liability exposure and protecting the District's assets. The security firm of Buckman and Associates was retained to provide a security survey of the site and to recommend appropriate actions. On November 8, 1983, the Board of Di rectors authorized funds for a security and loss prevention survey of the District's Pumping Stations and Collection System Operati ons' faciliti es as the second phase of the program. At that time it was noted that capital funds woul d be requested at a future date to impl ement the consultant's recommendations. The firm of Buckman and Associates surveyed these areas of the District, its recommendations were reviewed by the Department Managers and the District's Risk Management Committee, and the suitable security recommendations are incorporated in the following projects: SCOPE OF PROJ ECT : Collection System Operations These facilities are located at 1250 Springbrook Road, Walnut Creek, and are generally occupied only during normal working hours. Over the past few years there have been several break-ins and thefts that warrant additional security measures. The following items are the recommendations by the security consultant: o remove growth near buildings and fence, o install or replace yard lighting, and o improve yard fenci ng. District PumpinQ Stations The District has nineteen pumping stations located throughout its boundaries which are unmanned except for regular monitoring and maintenance. A review of each location resulted in general recommendations with specific site comments. Sewer construction funds are requested for the following items: o install alarms in the five major pumping stations; o install higher or western fencing, as required; and o improve lighting, as required. These recommendati ons were deemed the mi nimum requi rements based on pumpi ng station location, type, and existinQ security measures. REVIEWED AND RECOITMENDED FOR BOARD ACTION .!DIV. CWB ~.-----.-~.. ...____'""._,_.__...,~,_"...__~~~w.___.______."_.____'_.._.___+___.__.____.__...._____....__.'...._._.___......____.__"'_._~_,.,._..~__.,._..__4.'_____._._._.__.__.__+._.._,_.>._...W_M'._~._....._".". Plant Operations The Di strict has al ready taken i niti al security measures at the Treatment Plant .site; however, the following measures are now requested as additional item s : o install turnstiles at chlorine evacuation points which would provide exit points in emergency conditions. The present gates are not secure and can be opened from the outside. Although these gates are on the security officer's patrol, they can be checked only twice per shift. The installation of one-way turnstiles would solve this security problem. o installation of a security gate and guard station at the main Treatment Plant entrance. In the late spring construction activities centered around the 5-B hydraulic expansion project will start. To improve facility security and control access to the Treatment Plant site, the installation of a barrier gate with a station for a daytime security guard is needed. In the role of consultant, Buckman and Associates assisted the District in the implementation of a "Loss Prevention Program." This recommendation is the second phase of a program to establish perimeter security, preserve operations, and protect District assets. In concert with Buckman and Associates, the District's Risk Management Committee and Department Managers have rev iewed potenti al safety hazards, security problems, and liability risks, and have taken corrective action as feasi bl e. The next phase of the security program requi res capital funds to compl ete; the total cost of these improvements is $80,300. Attachment "A" is a breakdown of the cost for these security items. RECX>MMENDATION: Authorize $80,300 from sewer constructi on funds for Di strict security and loss prevention measures. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT ./DIV, GEN. MGR'/CHIEF ENG. Attachment "A" SUMMARY OF SECURITY ITEMS COLLECTION SYSTEM OPERATIONS o Landscaping - tree removal o L1 ghti ng o Fencing PUMPING STATIONS o Alarms - Martinez, Larwin, Lower Orinda, Orinda Crossroads, Moraga o Fencing - Martinez, Maltby, Moraga, Larwin, Lower Orinda o Lighting - Larwin, Martinez PLANT OPERATIONS o Chlorine Evacuation Turnstiles o Security Gate o Security Guard Station T ota 1 Contingency (10 percent) Authorizati on $ 600 4,500 7,100 12,000 21,500 1,000 10,500 6,800 9,000 $73,000 7,300 $80,300 ce<SD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO~II. BUDGET & FINANCE POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer t)AT~ Januar 29, 1985 TYPE OF ACTION SUBJECT RECEIVE 1984-1985 SIX K>NTH 0 & M BUDGET REVIEW Receive Budget Review Funasaki Finance Officer INITIATING DEPT./DIV. Administrati e Accountin & Finance SUBMITTED BY ISSUE: A comparative review of actual and budgeted Operations and Maintenance revenues and expenses for the first six months of the fiscal year ending June 30, 1985 has been performed. BACKGROUND: The results of the review of the actual and budgeted Operations and Mai ntenance revenues and expenses for the six months ended December 31, 1984 are summarized in the following sections. DISTRICT REYBlJES The amount of $15,461,870 was recorded from all revenue sources through the six months ended December 31, 1984, representi ng 87.01 of the $17,779,695 of total revenues budgeted for the fiscal year. The principal revenues budgeted are $13,975,478 of Enviromental Quality Charges and $3,250,000 of Service Charge Revenue from the City of Concord. The amount of $14,149,142 of Enviromental Quality Charges was recorded as revenue through December 31, 1984, $13,562,213 of which has been credited to the District's account through the Contra Costa County's property tax rolls. The amount of $998,848 has been received from the City of Concord as an advance payment of one-hal f of. the service charges for the first six months of the current fiscal year. The balance of the budgeted service charge revenue of $2,251,152 is considered to be realizable during the remainder of the fiscal year. . As the two principal revenue accounts, comprising 96.91 of budgeted revenues, are fully achievabl e, the total budgeted revenues of $17,779,695 are projected to be realizable in the 1984-1985 fiscal year. DISTRICT EXPENSES Total District expenses of $7,647,076 for the first six months of the fi scal year were $1,210,638 1 ess than budgeted expenses of $8,857,714. Explanations of major underexpended or overexpended accounts for the six months ended December 31, 1984 are provided for each department in Attachment I. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. d:~' i I ( WNF PM A summary of the budgeted and actual expenses by department for the six months ended December 31, 1984, and the projected variance from budgeted expenses for the 1984-1985 fiscal year are shown below: Total District Proj ected Fiscal Year Six Months Ended 12/31/84 Ended 6/30/85 Favorabl e Favorabl e BudQet Actual (Unfavorabl e) (Unfavorabl e) $1,192,129 1,031,791 160,338 78,000 1,029,206 853,459 175,747 122,000 1,190,150 996,898 193,252 175,000 4,730,649 4,315,802 414,847 214,000 605,580 449,126 156,454 95,000 110,000 --- 110,000 --- $8,857,714 7,647,076 1,210,638 684,000 Department Admi ni strative Engineering & Construction Collection System Operations Plant Operations Pump Stations District Contingency (1) Footnote (1): A District 0 & M Contingency of $300,000 was budgeted for the 1984-1985 fiscal year and was distributed evenly to the first half and second half of the fiscal year. During the first six month period ended December 31, 1984, $40,000 was transferred to the Cl aims Expense in the Administrative Department upon Board approval. REOOtIENDATION: Receive the 1984-1985 Six Month 0 & M Budget Review and provide comments and guidance to District staff. ItEVlnED /aND ItECDMMENDED I'Oft 'O/altO /aCTION INITIATING DEPT./DIV. GEN. MGR.lCHIEF ENG. Attachment I OPERATION AND MINTENANCE BUDGET VARIANCES ~1n1strat1ve Department Expenses for the six months ended December 31, 1984 totaled $1,031,791, and were $160,338 less than budgeted expenses of $1,192,129. The 13.5% underexpenditure is primarily the result of the following causes: Sal aries and Wages and rel ated employee benefits expenses were $50,279 less than budget as a result of unfilled staff positions during certain periods in the first six months of the fiscal year. These accounts are projected to be $50,000 underexpended for the fiscal year. Telephone expense is $4,402 higher than budget because of unanticipated rate increases and new service charges which followed the Bell system divestiture. This account is projected to be $6,000 overexpended for the fiscal year. Outside Repairs and Maintenance expense is $5,171 less than budget primarily because of the avoidance of expenses for maintaining fire breaks on the Kiewit property which was recently leased. This account is expected to be $3,000 underexpended for the fiscal year. Professional Services expense is $28,237 less than budget because of the lower than expected incidence of grievances which would require the services of the State Mediation and Conciliation Services. This account is projected to be $20,000 underexpended for the fiscal year. Legal Services--Staff expense is $10,486 less than budget primarily because of lower than anticipated requirements for legal services rel ated to personnel issues stemmi ng from impendi ng 1 abor contract negotiations. This account is projected to be $5,000 underexpended for the fiscal year. Recruitment expense is $29,792 less than budget because recruitment expense for the Personnel Officer was incurred in the prior fiscal year instead of the current year, as antici pated. The under- expenditure in the first half of the fiscal year will largely be offset by increased recruitment activity duri ng the bal ance of the fiscal year. This account is expected to be $6,000 underexpended for the fiscal year. The balance of the underexpenditure occurred within accounts in which the variances were less than $10,000. These accounts are proj ected to be substanti ally equival ent to budgeted expenses for the fiscal year. ----r--- .,,_,_,._,~,.._.__.__~,_.._.~_____,.,_~_.,._..~,..__..~...,..,~...,"__________.",,__.~~..~o._._._.___,,_,_,_,.... _....._--,-_.~_.",._..._-"-~_.,., .-._._"_.~._._-_.- ---,.~,---",,-,,"-'---"-'---"-"-"'-"'--"~-'----'-. ""-"-'--"-"-~---~-- The Admi ni strative Department's expenses are proj ected to be $78,000 underexpended for the fiscal year ending June 30, 1985, as a result of underexpenditures of $50,000 in Sal aries and Wages and rel ated employee benefits, $3,000 in Outside Repairs and Maintenance, $20,000 in Professional Services, $5,000 in Legal Services--Staff, and $6,000 in Recruitment, offset by a $6,000 overexpenditure in Telephone expense. Engineering and Construction Department Expenses for the six months ended December 31, 1984 totaled $853,459, and were $175,747 less than budgeted expenses of $1,029,206. The 17.1% underexpenditure is primarily the result of the following causes: Salaries and Wages--Nonmanagement expense and related employee benefits were $30,895 less than budget because of unfilled positions during the first half of the fiscal year. These accounts are projected to be $30,000 underexpended for the fiscal year. Rents and Leases expense is $1,146 higher than budget because of rental of partitions for additional office space required by the Planning Division, and higher than anticipated rental expense for a verityper in the Engineering Division. This account is projected to be $4,000 overexpended for the fiscal year. Technical Services expense is $19,314 less than budget because the expense of a rates and charges study will be incurred in the second half of the fiscal year instead of the first half as budgeted. This account is projected to be substantially equivalent to budget for the fi scal year. Printing expense is $10,774 less than budget because the Construction Division's Standard Specifications document was not printed in December 1984 as planned, but is planned to be produced during the second half of the fiscal year. This account is projected to be substantially equivalent to budget for the fiscal year. Salaries and Wages--Contra is $61,481 higher than budgeted and is the result of devoting a greater than anticipated portion of staff effort to capital projects during the first half of the fiscal year. The major capital projects on which staff effort was expended were the Outfall Inspection Project, Landfill Study, and Watershed Pl anning Project. This contra account is projected to be $61,000 higher than budget for the fiscal year, thereby producing a favorable O&M budget variance. Employee Benefits--Contra and Admi ni strative Overhead--Contra are $19,700 and $15,798 greater than budgeted, respectively. These accounts reflect the higher than budgeted capitalized salaries and wages described in the preceding explanation. These contra accounts are projected to be $35,000 higher than budget for the fiscal year, thereby producing a favorable O&M budget variance. The bal ance of the underexpenditure occurred w ithi n accounts in which the variances were less than $10,000. These accounts are projected to be substantially equivalent to budgeted expenses for the fiscal year. The Engineering and Construction Department's expenses are projected to be $122,000 underexpended for the fiscal year ending June 30, 1985, as a result of underexpenditures of $30,000 in Salaries and Wages-- Nonmanagement and rel ated employee benefits, and higher than budgeted capitalized salaries and wages and related employee benefits and overhead of $96,000, offset by an overexpenditure of $4,000 in Rents and Leases. Collection Syst_ Operations Departllent Expenses for the six months ended December 31, 1984 totaled $996,898, and were $193,252 less than budgeted expenses of $1,190,150. The 16.2% underexpenditure is primarily the result of non-management salaries and wages and rel ated employee benefits bei ng $24,534 underexpended because of unfilled staff positions, and unanticipated capitalized salaries and wages and related employee benefits and overhead totaling $150,193 as a result of work performed on the Outfall Inspection and Repair project. The Collection System Operations Department's expenses for the fiscal year ending June 30, 1985 are projected to be $175,000 underexpended, as a result of underexpenditures of $25,000 in Salaries and Wages-- Nonmanagement and related employee benefits, and the effect of unbudgeted capitalized salaries and wages and related employee benefits and overhead of $150,000. Plant Operations DepartDent Expenses for the six months ended December 31, 1984 totaled $4,315,802, and were $414,847 1 ess than budgeted expenses of $4,730,649. The 8.8% underexpenditure is primarily the result of the following causes: Salaries and Wages--Nonmanagement expense and related employee benefits expense were $190,044 1 ess than budget as a resul t of unfill ed staff positi ons duri ng the fi rst six months of the fi scal year. These accounts are projected to be $190,000 underexpended for the fiscal year. Operating Fuel expense is $40,060 less than budget because the one-time purchase of backup di esel fuel will be purchased in the second half of the fiscal year instead of the first half, as budgeted. Thi s account will be substanti ally equival ent to budget for the fiscal year. Polymer expense is $53,961 higher than budget because of polymer testing in the primary sedimentation tanks, and increased polymer usage due to process changes. Thi s account is proj ected to be $60,000 overexpended for the fiscal year. El ectrical expense is $37,740 higher than budget because of higher than anticipated rate increases. This account is projected to be $80,000 overexpended for the fiscal year. Natural Gas expense is $223,657 less than budget primarily because of the delayed start-up of the multiple hearth furnace. This account is projected to be $291,000 underexpended for the fiscal year. Technical Services expense is $22,867 higher than budgeted due to non-budgeted water quality testing required by the Regional Water Quality Control Board, and the use of temporary contract personnel in the Building and Grounds Section which resulted in labor savings. This account is projected to be $16,000 overexpended for the fiscal year. Ash Removal expense is $100,000 1 ess than budget because of the delayed start-up of the multiple hearth furnace operation. This account is proj ected to be $70,000 underexpended for the fi scal year. Sludge and Ash Removal expense is $241,700 higher than budget because of additional sludge hauling beyond the anticipated start-up date for furnace operation. This account is projected to be $264,000 overexpended for the fiscal year. Salaries and Wages--Contra is $46,880 higher than budget as a result of the use of Plant Operations Department personnel on the multiple hearth furnace project. This contra account is projected to be $50,000 higher than budget for the fiscal year, thereby producing a favorable O&M budget variance. Employee Benefits--Contra and Admi ni strative Overhead--Contra are $18,447 and $14,414 greater than budgeted, respectively. These accounts reflect the higher than budgeted capital ized sal aries and wages described in the preceding explanation. These contra accounts are projected to be $33,000 higher than budget for the fiscal year, thereby producing a favorable O&M budget variance. The balance of the underexpenditures occurred within accounts in which the variances for the six month period were less than $10,000. These accounts are projected to be substantially equivalent to budgeted expenses for the fiscal year. The Plant Operations Department's expenses are projected to be $214,000 underexpended for the fiscal year ending June 30, 1985 as a result of the following account variances: Favorabl e (Unfavorabl e) Salaries and Wages-Nonmanagement and Employee Benefits Polymer Electrical Natural Gas Technical Services Ash Removal Sludge & Ash Removal Salaries and Wages-Contra Employee Benefits and Administrative Overhead-Contra $190,000 ( 60,000) ( 80,000) 291,000 16,000) 70,000 264,000) 50,000 33,000 $214,000 PU.p Station Expenses for the six months ended December 31, 1984 totaled $449,126, and were $156,454 less than budgeted expenses of $605,580. The 25.8% underexpenditure is primarily the result of the following causes: Other Chemical expense is $54,351 less than budget due to the exceptionally cool Fall temperatures. This account is projected to be $39,000 underexpended for the fiscal year. Electrical expense is $29,506 less than budget because of low rainfall during the first six month period. This account is projected to be $27,000 underexpended for the fiscal year. General Repairs and Maintenance expense is $12,624 less than budget as a result of the postponement of pump and gear box overhaul work. This account is projected to be $7,000 underexpended for the fiscal year. Outside Repairs and Maintenance expense is $43,082 less than budget because of the postponement to the second hal f of the fi scal year repair work budgeted during the first half. Major overhaul of a diesel engine for $20,000 budgeted in this account was capitalized. This account is projected to be $22,000 underexpended for the fiscal year. The bal ance of the underexpenditure occurred w ithi n accounts in which the variances were less than $10,000. These accounts are proj ected to be substanti ally equival ent to budgeted expenses for the fiscal year. The Pump Stations expenses are projected to be $95,000 underexpended for the fiscal year ending June 30, 1985, as a result of underexpenditures of $39,000 in Other Chemicals, $27,000 in Electrical, $7,000 in General Repairs and Maintenance and $22,000 in Outside Repairs and Maintenance. District Contingency A District contingency account of $300,000 was included in the 1984-1985 Operations and Maintenance Budget to provide for expenses which were not included in other budgeted expenses because of a high level of uncertainty as to timing and amount. The contingency amount was allocated evenly to the first and second six month periods; during the six months ended December 31, 1984, $40,000 was transferred to the Claims Expense account for a cl aims settl ement which produced an unexpended bal ance in the conti ngency account of $110,000 at the end of the fi rst six months of the fiscal year. The $260,000 contingency account balance available for the balance of the fiscal year is projected to be applied to the following uncertainties which were the basis for its establishment: Claims - A nominal claims expense amount was budgeted. Maj or sewer overflow, 1 andsl i de and other damage claims will be drawn from the contingency account. Legal Services - District - The overall expense of legal services has been on an upward trend. The 1984-1985 budgeted expense does not include the complete projection of this trend during 1984-1985, but assumes a leveling-off of legal services expenses. Salary and Wages Adjustment -The salary and wages and employee benefits effect for May and June 1985 which would result from increases which may be authorized after expiration of the third year of the present agreements on May 1, 1985 woul d be drawn from the contingency account. ---~.,--~-----~,.._-,-----'".,._,_._.._..--~_._---------_._-_."--"_.".."_.~.,_,__.,_,__._<<,._..._..._._,,.,...__"_..,.."_..____~.___>._.,.______,..__.______...,_.._.._.~......._'___m.__. .....,,~._,..".._._~._"______._____ Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. VII I. REAL PROPERTY 1 2 7 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE SUBJECT ADOPT RESOLUTION APPROVING THE SALE OF THE UPPER ORINDA PUMP STATION PROPERTY, ASSESSOR'S NO. 262-300-002 February 7, 1985 TYPE OF ACTION ADOPT RESOLUTION SUBMITTED BY INITIATING DEPT./DIV. Paul Morsen, Administrative Dept. Manager Administrative Department ISSUE: Resolution No. 84-125, which redeclared the Upper Orinda Pump Station property surpl us and authorized its sal e, requi res that the Di strict Board approve the sale by adoption of a resolution. BACKGROUND: The Board adopted Resol uti on No. 84-125 (Attachment 1) on October 26, 1984. This resolution contained three major conditions: 1. The property shall be offered at a cash price of $130,000 and a 10 percent real estate commission would be payable at close of escrow. 2. All existing easements be reviewed and reserved, if needed. 3. Board would approve final sale and conditions thereof. Pursuant to the purchase agreement and escrow papers attached hereto, the selling price, commission, and all other conditions stated are in accordance with Resolution 84-125. The District is not retaining any easements on the property. RECOMMENDATION: Approve the sale of the Upper Orinda Pump Station property, Assessors No. 262-300-002, to Patrick Joy and Martha J. Joy pursuant to the attached purchase agreement, authorize the Administrative Department Manager to execute any and all documents of sale, and adopt the attached resolution approving the sale and conditions thereof. IEWED AND RECOMMENDED FOR BOARD ACTION ATTACH~lENT I J RESOLUTION No.84-125 A RESOLUTION REDECLARING THE SURPLUS NATURE OF CERTAIN REAL PROPERTY AND AUTHORIZING THE SALE THROUGH A REAL ESTATE BROKER RESOLVED BY THE CENTRAL CONTRA COSTA SANITARY DISTRICT THAT WHEREAS, the Board of Directors finds that that certain real property hereinafter described and situated within the boundaries of said District is not necessary for the exercise of its powers, duties, and functions; NOW, THEREFORE, IT IS FURTHER DETERMINED AND ORDERED AS FOLLOWS: 1. That all that certain real property situtated in the County of Contra Costa, State of California, more particularly described as follows: ( Portion of the tract of land designated on the map entitled "Map Showing Boundaries and Subdivisions of Orinda Park Tract and Oak View Ranch being a portion of the Ward and Smith League of the Rancho El Sobrante in Contra Costa County, Cal.," which map was filed in the office of the Recorder of the County of Contra Costa, State of California, on May 8, 1882 in Volume F of Maps, at page 143, described as follows: 1 Beginning on the center line of Camino Sobrante, distant thereon southerly along the arc of a curve to the right with a radius of 100 feet, an arc distance of 10.22 feet from the line between Lots 178 and 179, as said Lots and Camino Sobrante are designated on the map entitled "Unit No.2, Haciendas Del Orinda Contra Costa County, California," which map was filed in the office of the Recorder of the County of Contra Costa, State of California, on October 15, 1924 in Volume 19 of Maps, at page 460, and from which point, the center of said curve. bears south 720 45' west; thence from said point of beginning along the center line of said Camino Sobrante as follows: Southerly along the arc of said curve to the right with a radius of 100 feet, an arc distance of 59.78 feet; south 170 west, tangent to said curve 20 feet; southwesterly along the arc of a curve to the right with a radius of 105 feet, tangent to the last course, 107.15 feet to a point from which the center of said curve bears south 140 321 east and southwesterly along the arc of a reverse curve to the left with a radius of 277 feet tangent to the last curve, an arc distance of 24.17 feet to a point from which the center of said curve bears south 190 32' east; thence north 190 32' west, 118.60 feet; thence north 720 45' east, 149.26 feet to the point of beginning is not necessary for the purposes of the District and is therefore redeclared as surplus. 2. That the Administrative Department Manager is hereby authorized .t "'-. to execute any and all documents in connection with executing a contract with Mason-McDuffie to serve as the District's Real Estate Broker in the marketing and sale of this property, including but not 1 imited to the following terms and conditions: (a) The property shall be offered at $130,000.00 and a 10% commission computed on the eventual sell ing price is authorized to be paid to Mason-McDuffie at the close of escrow. (b) All existing easements on the property will be reviewed by the District to ascertain if any such easements need to be reserved. Any easement so reserved will be specified in the resolution approving the sale of the property. (c) The District Board must approve, by resolution, the sale and the conditions thereof, and the Board retains the right to reject any . offer. PASSED AND ADOPTED this 1st day of November, 1984 by the District Board of the Central Contra Costa Sanitary District, by the following vote: AYES: Members: Carlson, Boneysteele, Stanley, Clausen NOES: Members: None ABSENT: Members: Dalton COUNTERSIGNED: w C. YYJC- c tary of the Central sta Sanitary District, County of Contra Costa, State of Cal ifornia Approved as to Form: f' -2- - "',4"'~,*,, -' (HeR) No c.roon N..ded / t - RESIDENTIAL., ~CHASE AGREEMEN"l:.AND LIt . 1SIT RECEIPT RECEIVED FRO .1~r.t~a. ,J.... J.o'!......................,.............. ..................................................... hereinafter designated as PURCHASER. the sum of S .2 ,.OPO.. .OP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . (DOLLARS) evidenced by 0 Cash, CII Personal Check, payable tof~:r~t:ti. .C.Q. :l'r:tJ.s.t. ~ta5hie(s Check, 0 Other......................... .to be deposited in trust upon acceptance 01 this offer. as deposit on account 01 the PURCHASE PRICE of S .130.,.000...00. ( ................................... DOLLARS) for the real property situated in \he ~. . .O;r::!.n<;l~. ~:r.~/il. . . . . . . . . . . . . . . , County of . . . C.Qnt:r.s,. .G9.f!tll. . . . . . . .. State 01 . .G/il.Uf,. . . . . . . . . .. described as: .r~. ..(\.!1!>.~!>.f!9.:t:.'.!1. .1'!iX!l.~;l. )~Q.... gQg..:<3.0Q7QOg.................. upon the following TERMS and CONDITIONS: 1. DEPOSIT INCREASE. ll1e deposit shall be increased to S . ..., .,.....,. . . . . . . . . . . . . . . . . . . . . . . . . . within. . . . . . . . days from acceptance. evidenced by Cash. 2. PRORATIONS. Rents, taxes, interest and other expenses of the property to be prorated as of the date 01 recordation of the deed. Secunty deposits, advance rentals, or considerations invoMng luture lease credits shall be credited to Purchaser. 3. CLOSING. On or before .1/15/B:;or within.. 60.... days Irom acceptance, whichever is later. both parties shall deposit with an authorized escrow holder all funds and instruments necessary to complete the sale In accordance with \he terms hereol. Thereafter any party. inCI1!ll1.!o,gent. may disclose the terms of sale. The representations and warranties herein shall not be terminated by conveyance 01 the property. Escrow lee to be paid by .. .l,l'y'E;!;r:.. ... ...... . . . .... . . ... ...... .. 4. OCCUPANCY. Possession shall be delivered \0 Purchaser (check either item (IJ or (2]): XI 1. Upon recordation of \he deed. o 2. After recordation, but not later than midnight of . . . . . . . . . . . . . . . . . . . . . . .. Unless Seller has vacaled the premises prior to recordation, Seller shan pay Purchaser . . . . . . . . . . . . . . . .. per day Irom recordation to date 01 possession and leave in escrow a sum equal to the above per diem amount multiplied by the number 01 days lrom date 01 Closing to date allowed lor delivery of possesSlOll Said sum \0 be disbursed to the persons entitled thereto on the date possession IS delivered. 5. EVIDENCE OF TITLE in the IOrm of ~ a policy ollllle insurance. 0 other: .. .. .. . .. . .. .. .. .. .. .. . ... to be paid lor by .~:uY.~r....... . , .. .. .. .. .. 6. EXAMINATION OF TITLE. Fifteen (15) days Irom date 01 acceptance hereol are allowed the Purchaser to examine the title to the property and to report in writing any valid objections thereto. Any exceptions to \he title which would be disclosed by examination 01 the records shall be deemed to have been accepted unless reported in writing within said 15 days. II Purchaser objects to any exceptions to the title, Seller shall use due diligence to remove such exceptions at his own expense before close of escrow. But if such exceptions cannot be removed before close of escrow, all rights and obligations hereunder may. at the election 01 the Purchaser, terminate and end, and the deposit shall be returned to Purchaser, unless he elects to purchase the property subject to such exceptions. 7. ENCUM BRANCES. In addition to any encumbrances relerred to herein. Purchaser shall take tille to the property subject to; (1) Real Estate Taxes not yet due and (2) Covenants, conditions, restrictions, rights"ol-way and easements 01 record. il ai~ which do not materially affect the value or intended use of \he property. The amount 01 any bond or assessment which is a lien shall be Kl paid, 0 assumed by. ..~fj). . . .er. ~ . . . . . . . . . . . . . ... . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . 8. FIXTURES. All items permanently attached to the property including attached lloor coverings. draperies with hardware. shades. blinds, window and door screens, storm sash, combination doors, awnings. light fixtures, TV antennas. electric garage door openers, outdoor plants. and trees. are included Iree 01 liens. 9. PERSONAL PROPERTY. The following personal property. on the premises when inspected by Purchaser, is included in the purchase price and shall be lJanslerred to Purchaser by a Warranty Bill 01 Sale at close 01 escrow. No warranty is implied as to the condition of said property: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~C? .P~~~C?~~~ . p'r~p~r:ty. J~vql :V~.4,. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 10. MAINTENANCE. Seller covenants that the heating. air-conditioning (il any). electrical, sewer, drainage. sprinkler (il any) and plumbing systems including the water heater, as well as buill' in appliances and other mechanical apparatus shall be in normal working order on the date occupancy is delivered. Seller shall replace any cracked or broken glass including windows. mirrors. shower and tub enclosures. Until occupancy is delivered Seller shall maintain existing landSca:tn~tOUnds and pool (il any). The loIlowing items are specllically excluded Irom the above: .l-!o.t. .appl.ic.ab.le.-:-:-.~llbj.e(lt. .Pr:op'er:ty. .is. .a. .~\l. .1.. .~. .lo.t........... 11. NOTICES. By acceptance hereof, Seller warrants that he has no notice of violations relating to the property. Irom City, County, or State agencies. 12. PROVISIONS ON THE REVERSE SIDE. The provisions checked below are included in this agreement on the reverse side.Not Appl ~cable. . . . . A. Pest Controllnsp. paid by ............. . . . . F. City and County Inspections . _ . . K. VA Appraisal Clause . . . . B. Existing Pest Contr. Report dated ....... . . . . G. Condominium Disclosure . . . . L FHA Appraisal Clause By ............................... .. .. H. Home Protection Contracl paid .. . . M. Smoke Detectors. provided by ... .. .. .. . ... . C. As is, bul subject to Buye(s approval by .. ....... .. .. .. .. . .. .. .... .. .... .. . . N. Flood Hazard Zone . . _ . O. Waiver of Pest Control Inspection . . . . I. Maintenance Reserve 01 S . . . . . . . . . . . . . . . . . O. Contingent upon the sale 01 . . . . . . . . . . . . .. .. E. Roof Inspection .. . . J. Inspection of Physical Condition .. .. . . .. . .. .. .. .. .. .. .. .. .. .. .. .. . 13. ACCESS TO PROPERTY. Seller agrees \0 provide reasonable access 10 the property to Purchaser. inspeclors and appraisers representing Purchaser. ,,\. 14. DEFAULT. In \he event that Purchaser shall delault in \he performance 01 this agreement. unless the parties have agreed to a provision lor liquidated damages. Sol";' may. subject to any rights 01 the agent herein. retain Purchaser's deposit on aa:ount 01 damages sustained and may take such action as he deems appropriate to collect SUCh additional damages as may have been actually suslained, and Purchaser shall have the right to take such action as he deems appropriate \0 recover SUCh portion 01 the deposit as may be allowed by law. In the event that Purchaser shall so default. unless Purchaser and Seller have agreed to liquidated damages. Purchaser agrees \0 pay to the broke" entitled \hereto such commissions as would be payable by Seller in lhe absence 01 such default Purchaser's obligation 10 said brokers shall be in addition to any rights which said brokers may have against Seller in the event of delault. In the event legal action is instituted by the broker or any party to this agreemenl to enforce the lerms 01 this agreement. or arising ou1 01 the execution of this agreement or the sale. or \0 collect commissions, the prevailing party shall be entilled to receive Irom the other party I reasonable attorney lee 10 be determined by \he court in which such action is brought . 15. EXPIRATION. This offer shall expire unless a copy hereof with SeDer's written acceptance is delivered to Purchaser or his Agent within.. .~.......... days. 18. TIME. Time is 01 the essence 01 this agreement. 17.. MdltlolMl TERMS and CONDITIONS: ALL CASH TO SELLER. SUBJECT TO: 1) Staking subject property to determine northerly and western boundary lines at seller's ex~ense. 2) Buyer secur ng a building permit for a single family residence and conducting a feasibility study concerning the disposition of certain improvements presently situated on the subject property. Buyer to have 30 days from acceptance in which to remove all contingencies; otherwise this agreement shall beoome mull and void and deposit returned upon demand. '". ,'0 "'.:.";; .,. '..7,..". "f' .I~' (. :.:: ::.:; ,;. t..~ ! .'R.A,;. .., r----- The underSlllned Purcha.er has read both .Ides 01 thl. agraement and acknowledge. receipt 01 a copy hereof. Purchaser aCknowledg.. further that he ha.t\ot receiVed. or ...lIed upon any .tatementa or repre.entatlon. by the under1ll11ned;A ent wh . ~Ch a not~. er~l~exp.. . ~'.' '. '~~~I COMPANY ~rJ!jrJ. '/" .' (w. "....,-,. "''<..:..:..1''' "~""""""""""';';" Real Estate Company ~ .. .. . F.. . . ... M .... ..........._...:.:.... By.......... ....p.....tU.....-............................. Agent .. "~':7" .If.... .............. .,....:: PurtIuIr Broker'slnitials: ~........~~~.......... Dated: .n/13/84........ .. ~.. ..... . .. ..... .:>:.~;:.~.:~~ser: ACCEPTANCE : , . ~ . I '. ,'. ,.;'" .-' , . 'w~.!"" SIller accepts the loregoing offer and agrees to sell the herein described properly lor the price and on the tenns and conditions herein specified. 10:0'" I "" I'" bL:' ~., ~). COMMISSION. SIller hereby agrees to pay to .. r.~r.~~~;I, . ~QhAAIiIRJ;l. .~~Mf:!.~...,................... ....... 1he IIroUr m Ihls lJansaCtIon. In Cash from prac:eeds It close d escrow. for services rendenld: . .~Q~. .91:. .liMe. . pxj,Q a ..., ..J.:.. ........~.. :.". ~;; ,~~':': I: ;,;; :l3~'n ~ lA:C;1l:t'.1IIIl In the evenl that Purthaser defaults and lails 10 complete the sale, the Broker shan be entitled 10 receive one-hall 01 Purchase(s deposit. but not more IIIan the commission "- earned. without prejudice \0 Broke(s rights to recover the balance d the commission !rom Purchaser. The mutual mcisslon of this 10.....1 by Pwc:huer and SIller shaI. 110I relieve said parties 01 \heir obligations \0 Broker hereundef. This agreement shall not Iimil\he rights of Broker provided lor In any listing or other ag_t whiclI may . be in effect between Seller and Broker. except that1he amount 01 \he com'!1i5Sio~shall be as specilied ~.".., i: If':..'; :..; l..~;..;...llo \,4~. '"'.......IW The undeNlgned Seller hereby acknowledgee receipt oi ecopy~:: l~; ,::'. OATE~: IWtIH. . : /1'11...- ~~E.(t)~. .J~$.il.!!t:~~.~t~ . '. Mason-McDuffie . .' . .;. .;: ,., .' . A' . .;........ ":'\......1IIIt . .....................:.,'........................ Real Estale Cornpany , .,....:....... . . ... .JU.ullllftJift-T:....;a ....~ By. .~... .1f..&iA 0 0 ~ ? .;.;. :::...~'; ',: ...~ '-:'.~...........;;............. .~'''.:.:.:.... .~..... ...:. ~ FORII'O' (12~ . C_HT,..IYPllOFtSSl;~~OllI'.,22...LO~...IWAE~t...lI03 ALl.IIGHTi~SEIIVEO:': . /:,':::.:.~;.,~..'E1~III.~ - ~.AA. o.d~~.:LO ~~ ~..,,:.,... -- t...... '~:~(~.i 'l;, ,~....t: " -'~,' , ~ ADDENDUM TO PURCHASE ~REEMENT J In referenco .0 Purchase Agreement and Deposit Receipt between. . . .. . . . .. . . .. . .. . . .. .. . .. . . .. .. . .. . . .. . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :~7~~. . J... . ! ~~. . . . . . . . . . . . . . . . . . . the Purchaser, and ............. ............................................................. ....................................... Central Contra Costa Sanitary District . . .. . .. . .. , the Seller, dated .......... .~V~)/~4........................................ covering the real property commonly known as Lot No. APN 262-300-002 .....................................................................................................................1 the undersigned Purchaser and Seller hereby agree to the following: As to clause #17, item #2: ........... ....-..... .......... ............... ....... ..n.... . ........ .................... h... ...... ........n.. ...... ................ h'n. .............. ........... Buyer requires the time in order to check with the county building department as to what may be their requirements as to the treatment of the existing underground ......................................n...................... piping ( possible removal, filling, or some other work to satisfy the department ). ........n..................................................... Also to get a firm cost estimate to remove or incorporate, if possible, the .... ......- .._.....n.......................... ........... .n...... ............ .......... ........ ...... n.... ..n....... ........... existing structure on the premises. .........................................--..................................................--.... .........................n...................................................................._... ......d.':!i-.. ...~~.<f... ..!:/(...!r..(.~,.,--:~.~Z; "f'.~'!..... .?!4: !f...:.":'..~.rf. ...P'.>.... .~,~;.,..'. r...... .<:!.':~:""'.. .....~. . ".(~~'~"""!~':... <:(.7 ....f?~.!:::~. .r:/..... .~: ."..~: .r. ::..'{... .(.~... ;/?f! ,..'i?'.~r..{ 12..~ ,-:: ~r... .'..1.'.1.....~. i<l.~::./..., ~.. . ..~. /1... ..'!'.~:........... ~~;::~:~~::-/':~::~~~T<".~~~~~'~~~'~~~<~?:~ ............... ...... .............. u................ ..__.......... .............. ......... ...... .................................n.. __.... ...... .......... .............. ...................... ...........................n............ ............................... The herein agreement, upon its execution by both parties, is herewith made an integral part of the afore. mentioned Agreement of Sale. qzjl~'~~..r~lt..... /~lrl..Jl T1ME:.~J.~J~pM,,, ................ .\,~ JJ-Uf;rL.Se,~r .. ~. OA TEO: . Purchaser "" Purchaser "" Seller Witness . ",,""""" Agent WItness . .. Agent FORM 101.8 (1 Hi21 CI COPYNGHT 1982 BY PROFESSIONAL PUBUSHlNG CORP 122 PAUL DRIVE SAN RAFAEL. GA. 94903 All RIGHTS RESERVED m==: ~"'''';,~.---I~:;'' ,"';;'- " ,1 , Ar_cNDUM TO PURCHASE REE1fu:NT In reference to Purchase Agreement and Deposit Receipt between, , , " , , , .. . " . . . " . . . . . . ." . " ... . " . " . " . " ". 'Aar-:.ha J. Joy . . . . . . . . . . " . " . " . . . " " , the Purchaser, and. . Central Contra Costa Sanitary District . . . . . . . . . . , the Seller, dated 11/1 ,/84 . . . . . , covering the real property commonly known as Lot No. APN 262-300-002 the undersigned Purchaser and Seller hereby agree to the following: 1) Buyer to increase the deposi-:. an additional $3,000.00, to a total of $5,000.00. Buyer and seller agree that in the event .. Bliye'r' "ci'e'fauii s'" in" the' 'ii e rf or'iIi'an c 'e' "'0' f "'i:i1I's"'s'-iii';eeii, eiiT;'" se'll ef'...' u....s.~a).1..,!e:t.a,i.rl..:t.heuamoun t of, ,d,(?.IJo :S,it..a:S..,~,i,'l\l,~,~~,-:.ed darnag e s l' or such default. 2) Close of escrow shall be by February 15, 1985. 3) All contingencies contained in the purchase Bbreement are hereby removed. 4) Water test conducted by CCCSD is presumed to be negative. The herein agreement, upon its execution by both parties, is herewith made an integral part of the afore, mentioned Agreement of Sale. 12/Pj84 ~MY1k9M'rrr... !iDlr{~, Seller DATED Pun:haser Pun:ha5ef Seller Witness Agent Agent WitnesS FORM 101.8 '1 '-8(' <f:- COPYRIGHT '987 BY PRO~ESSIONAl PUflLISl'1tNG co~r' 12'2 PA.UL DRI....E SAN ~F.&.f~ CA 94903 .&.LL RIGHTS RESERVED E-"- ""'U'HIIIG (OIlI'OllIT1Oll , I i ....,.~~~~'~ ..$.. ,~ I r ~~ . 1 :0<<"< *' ~ ,1?" r '/;-., -.~- .' WESTERN TITLE INSURANCE CO~fPANY (415) 9J5.3210 . 1401 NORTH BROADWAY . P. 0 BOX 5286 . WALNUT CREEK. CALIFORNIA 94S96 p, o. 80X 4116 11TH & A STREETS ANTIOCH 14509 757.70'0 p 0 80X 2167 3585 CLAYTON aUlD CONCORD ..521 _'650 ~ ~~ ~ -- P. 0 BOX 311 a21 MAIN STREET MARTINEZ 14553 22.IISO POBOX 587 . SAVANT WAY ORINOA 84563 2$4,'150 p 0 80X 36!), STATION A '2962 SAN PABLO AVENUE RICHMOND 9Uoe 237-atOO SELLERS ESCROW INSTRUCTIONS This escrow will be closed through our LAFAYETTE office. Escrow aOd Order No. L-429908 Herewith are the following: ID Deed to Joy, et ux a Copy of New Note approved by Sellers a Request for Notices of Default Central Contra Costa SanitA~ niRtrirt 5019 Imhoff Place Martinez, CA 945<;1 ATTN" KF.N T AVF.RTY TO BE DELIVERED ON THE FOLLOWING TERMS: DEBITS I < , l \ Sale price (includes $......................... on "personal property) a Balance on existing loan being assumed a Paid direct to seller a NOTE"' and ............. Deed of Trust"" in favor of seller (CASH DEMAND BEING $..............................) ~y-~~~-~~ _Q.. Pay~~~e':'t_______ J_Terr:nJ~0_s.e.e~i~r:! Fee NONJ;::::Y~T a Termite repair work jCo"!r:njisio-" loi;i6225 ~Ot~-&s~~-McDuf 3~5 .00 to Peretti Com an art Fee $ 2 Ill! Drawing Papers $...204.00........ a Notary Fee $.. Ill! Transfer Tax a Reconveyance Fee a Recording Reconveyance a Other Recordings III Prorate Fire Insurance NO VACANT LAND a Prorate FHA Mortgage Insurance Premium a Balance in Loan Trust Fund G Prorate Interest IllI Prorate Taxes - NONE - SEE EXHIBIT "A" ATTACHED a Prorate Rent C Sellers Discount fee a Escrow Fee E Pay Demand of: a _9 ______ ----~ ~---- - ~ __~~LANCE TO BE DISBURSED TO SELLERS ORDER (ESTIMATED) TOT ALS The subject premises are described as: Per Preliminary Report L- a "'Deed of Trust subject to: "Terms of Note: Payable $...................... or more per month _q including or a plus .................% interest per annum with interest from a Date of Closing or a First Payment Due a Said note secured by a .....................deed of trust. Title Co. assumes no liability as to transfer of personal propert~ REMARKS: Forwarding Address Title Company authorized to supply new lender with copy of escrow instructions and closing statement, if requested. These instructions effective for ....~.o... days, and thereafter until revoked by written demand on you by the undersi!jned or any one of Ihem. We hereby agree to pay all our proper costs and fees, including any adjustments in prorating. All prorating provided for herein is computed on the basis of a 30 day month. It is understood that any papers which you record will be mailed direct to us by the County Recorder. CENTRAL CONTRA COSTA SANITARY DISTRIC Received the above instructions and documenu on ........;............ 19...... BYl(. WESTERN TITLE INSURANCE COMPANY BYl<.J By Sylvia Jensen, 1/31/85 ee: Mason-McDuffie ee: The Perettt Co. Escrow No. L-429908 CEN.SANIT!RY/JOY ESCROW EXH rnrr "A" ADDENDUM: TAX PRO-Rl\Tl()N[--~ AND StJPPLEMr..11rAL 'lIA>>~S '!he tmders:i !'11ed, Seller(s) and Buyer(s), a~knowlPdr:P. thnt. any change in the aIWtmt of taxes shall be adjusted between Buyer(s) and Selle~(s), without liability or responsibility on the part of West em Title Insurance Company due to the following: 1. Tax prorations have been bRSed on the most current assesslTEnt or tax bill infoI'ITB.tion available. 2. '!he receipt of a supplemental tax bill by reason of change of ownership or nAW construction, undf'r Senate Bill 813, effective JulY 1, 1983. The undersigned hereby acknowledge that there were no 1984-85 County taxes levied as the premises was vested in a public entity. After close of escrow, tax assessor may levy taxes under above referred to Senate Bill 813. CENTRAL CONTRA COSTA SANITARY DISTRICT ~ - , Patrick Joy DATE . BY. BY. · DATE -- "Martha J. Joy SEILER BUYER D^'rF. -- .' '. "'1lIf ,1jl"'" ....'..-.,.c._-._-,~.,j,'., r RECORUING REQUESTED BY AND WHEN RECORDED MAIL TO I -, NAME Patrick Joy and ADDWUI Martha J. Joy CITY. .TATE L ~ Title Order No. Fscrow No.L429908 SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax $. }~~~~Q................ JIlil Computed on fulI value of property conveyed, or o Computed on full value less liens and encumbrances remaining thereon at time of sale. MAIL TAX STATEMENTS TO I I NA.MI: ADDRE.. CITY. STATE L ~ ................................................... Si.n.tu~ of declarant or .cent detnmininc tax-firm name Tax Bill No. 262-300-002 ctCorporation ~rant Jlttb WESTERN TITLE FORM NO. t02 FOR VALUE RECEIVED, CENTRAL CONTRA COSTA SANITARY DISTRICT GRANTS to PATRICK JOY and MARTHA J. JOY, husband and wife all that real property situate in the unincorporated area of the County of Contra Costa , State of California, described as follows: The "0.217 AC" parcel of land designated on the Record of Survey Map filed September 27, 1982, Book 71 Licensed Surveyors Maps, page 18, Contra Costa County records. t i I ) IN WITNESS WHEREOF, said corporation has executed these presents by its officers thereunto duly authorized, this day of , 19 CENTRAL CONTRA COSTA SANITARY DISTRICT By · President By . Secretary STATE OF CALIFORNIA }ss. County of Op ]9_. before me, the undersigned a Notary Public. in and for said State, personally appeared anti FOR NOTARY SEAL OR STAMP known to me 10 be the-President and the Secretary of the corporation that executed the within instru- ment, and also known to me to be the persons who executed it on behalf of such corporation. and acknowledged to me that such corporation executed the same, and further acknowl- edged to me that such corporation executed the within instru- ment pursuant to its by-Jaws or a resolution of its Board of Directors. Notary Public MAIL TAX STATEMENTS AS DIRECTED ABOVE <e<SD Central Contra Costa Sanitary District BOARD OF DIRECTORS NO. VI I I. REAL PROPERTY 2 2 7 85 POSITION PAPER VIA: ROGER J. DOLAN General Manager-Chief Engineer DATE Januar 31, 1985 TYPE OF ACTION ADOPT RESOLUTION SUBJECT ADOPT RESOLUTION WHIQ-I DEQARES LOT 12, BLOCK E, ORINDA OAKS PROPERTY SURPLUS AND AUTHORIZE ITS SALE THROUGH A REAL ESTATE BROKER SUBMITTED BY P. MORSEN, ADMIN. DEPARTMENT MANAGER INITIATING DEPT./DIV. ADMIN ISTRATIV E ISSUE: The Board of Directors is requested to adopt a resol ution which decl ares Lot 12, Block E, Ori nda Oaks, Cl aremont Avenue at Crescent Drive, Ori nda property as surpl us to Di strict needs and to authorize its sal e through a real estate broker. BACKGROUND: The Di stri ct purchased, by Tax Deed, the Lot 12 property on September 14, 1954 at a tax coll ector sal e for $40.00. The property was purchased to allow the District access to its sewer easement (see Attachments 1 and 2 for location of the property). The District's Property Team, upon reviewing the District's property needs, has determined that Lot 12 is no longer required by the District. An easement will be held on this property and is sufficient for the District's maintenance function, if the need arises, to go onto the property for maintenance or cleaning of the sewer line. In addition to declaring this property as surplus and authorizing its sale, it is the intention of staff to meet with the Boa rd in closed sessi on in order to estab 1 ish the sale pr i ce and the latitude that the negotiator will have in negotiating the terms of the sal e. The Government Code requires that prior to selling any real property owned by the District, the District must first offer the real property at fair market value to other public agencies. Upon adoption of the proposed resolution, we would issue the notification of sale letters to the appropriate agencies, which are: The Resources Agency of California Housing Authority of Contra Costa County East Bay Regional Parks County of Contra Costa After a sixty (60) calendar-day period and if no expressions of interest have been received from the above public agencies, we woul d proceed to sell the property by using the services of a real estate broker. The staff recommends that the services of a real estate broker be obtained to handle the documentation, advertising, and other matters associated with the sal e of the property. However, when the property is sol d, the staff will return to the Board with a resolution to approve the sale and the conditions thereof. REVIEWED IIND RECOMMENDED FOR BOIIRD IICTION RECOMMENDATION: 1.) Adopt the attached resol ution which decl ares Lot 12, Block E, Orinda Oaks property, Assessor's No. 264-075-015, surplus and authorize its sal e, and empower the Admi ni strative Department Manager to execute a contract with the real estate broker who w ill serve as the District's real estate broker in this matter. 2.) Pursuant to Government Code Secti on 54956.8, meet with Mr. Paul Morsen, Admi ni strative Department Manager, in closed session to instruct the negotiators on this real property. REVIEWED AND RECOMMENDED FOR SOARD ACTION INITIATING DEPT./DIV. GEN. MGR.lCHIEF ENG. ATTACHMENT ~ -!. CLU. -f- . . ,..... L.~ .; ATTACHMENT 2 , " ,,/ .~ . " , //~' , . ' . . , ,. .. . .. , / 1 , . '. ,.... '-!..... ..... '. r'. .. ~ , .... t: ,.. \:r. . __ I.; .1111:'- I.:i ..,~ -" ' '.--. ''4' '0; " .. , . '. "- , . . ,. .- .. .- ,. . , .. .'. . .:.~ . . .... .' ./ ./ , ;D . II . ,-'" y' - ~ c. - ., ~ eo '- '";; .. ~ .~ ~C'. ~ ~; .... .. ~ . ~ ~ j\- i A::; ,':( () /1,1""i5: '. '" .::: " .. - -0 ~ ~ ".-' -'.' ~ -: ~;.. , ~...~-. ~ ~ ", ~ --p ~. ' .. .... '. ~ -"" ~;./~.:::: )(/ / t ,/ /. /. .1- j1' , , ~. . ,'" '; ~ ... :~' . ,. It . ~ I' . ._.... " ~ r .' . . ,.... ~"., .. , . -. - .. \ ~ 'J! ., , , I . :1) It .// ...~~ . .....;. J.., ! . ;.:'" ----~- RESCl.UTION NO. A RESCl.UTION DEQARING ll-lE SURA-US NATURE OF CERTAIN REAL PROPERTY AND NJ"THORIZING THE SAL E "THROUGH A REAL ESTATE BROKER RESCl.VED BY "THE CENTRAL CONTRA roSTA SANITARY DISTRICT "THAT WHEREAS, the Board of Directors finds that that certain real property hereinafter described and situated within the boundaries of said District is not necessary for the exercise of its power, duties, and functions; NOW, "THEREFORE, IT IS FURTHER DETERMINED AND ORDERED AS FOLLOWS: 1. That all that certain real property situated in the County of Contra Costa, State of California, more particularly described as follows: Lot 12, Block E as said lot and block are shown and delineated upon that certain map entitled "ORINDA OAKS" is not necessary for the purposes of the District and is therefore decl ared as surpl us. 2. That the property be offered at fair market value to the public agencies for a period of sixty (60) cal endar days; and if no expressed interest is received within the stated time period, the sale through the real estate broker will proceed. 3. That the Administrative Department Manager is hereby authorized to execute any and all documents in connection with executing a contract with a real estate broker to serve as the District's real estate broker in the marketing and sale of this property, including but not limited to the following terms and conditions: . (a) The property shall be offered at and a commission not to exceed 10 percent computed on the eventual sel ling price is authorized to be paid to the real estate broker at the close of escrow. (b) All existing easements on the property will be reviewed by the District to ascertain if any such easements need to be reserved. Any easement so reserved w1l1 be specified in the resolution approving the sale of the property. (c) The District Board must approve, by resolution, the sale and the conditions thereof, and the Board retains the right to reject any offer. PASSED AND ADOPTED this Di stri ct Board of the Central following vote: AYES: Members: NOES: Members: ABSENT: Members: day of , 1985 by the Contra Costa Sanitary District, by the President of the District Board of Central Contra Costa Sanitary Di stri ct, Contra Costa County, California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County ontra Costa, State of Californi Approved as to Form: