HomeMy WebLinkAbout113-86BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of:
Authorizing Acquisition of )
Hollenbeak Property at )
2655 Camino Tassajara, )
Danville (APN 215-090-010 )
For Park and Recreation )
Purposes )
)
Resolution No. 113-86
· Marvin R. Hollenbeak and Beverly J. Hollenbeak are the owners of
real property located at 2655 Camino Tassajara, Danville (APN
215-090-010)·
The City wishes to acquire the property for development of a
community park and recreation facilities and public
improvements.
On September 15, 1986 the Council adopted a Resolution of
Necessity No. 85-86 and on October 6, 1986 the City Attorney
filed a Complaint in Eminent Domain to acquire the property
(Contra Costa County Superior Court Case No. 291904)·
Settlement negotiations to purchase the property have been
ongoing and, effective November 12, 1986, the City and the
Hollenbeak's entered into an "Option to Purchase Real
Property"· The total purchase price agreed to in the option is
$500,000· The option must be exercised by 5:00 p.m. on December
16, 1986. A copy of the option agreement is attached as Exhibit
"A" to this Resolution·
The public interest and necessity require the acquisition of the
fee simple title to the property for the development of a
community park and recreation facilities. The payment of
$500,000 represents a compromise settlement with the property
owners made in lieu of condemnation·
NOW, THEREFORE, the City Council of the City of Danville
resolves that:
l·
The City Manager is authorized to immediately give notice to
the Hollenbeaks of the exercise of the Option by this City
Council and to fully accept and record a conveyance of the
real property in accordance with the terms of the Option.
·
The sum of $502,362.61 is hereby appropriated to pay the
purchase price of the real property, escrow costs and fees,
and title insurance, all in accordance with the terms of the
option·
·
The City Manager is directed to take all necessary action
required for the City's performance of the terms of the
option·
·
The City Attorney is directed to prepare and file the
documents required for the dismissal of the Complaint in
Eminent Domain (Case No. 291904)·
Passed and Adopted by the City Council of the City of Danville
at its regular meeting held on December 15, 1986 by the
following vote:
AYES:
NOES:
Lane, McNeely, Schlendorf, Offenhartz
None
ABSENT:
Kennett
'~MA O~~--
A?EST: 13
OP%£ON TO PURCHASE REALPROPER'~-~
OPTION TO PURCHASE REAL PROPERTY made November 12, 1986
between Marvin R. Hollenbeak and Beverly J. Hollenbeak, his wife
("Grantor") and the CITY OF DANVILLE ("City").
.
OPTION TO PURCHASE. For payment of $100.00 Grantor grants to
City the option to purchase Grantor's real property known as
Assessor Parcel #215-090-010.
·
OPTION PERIOD· The option shall be exercisable by City by
written notice mailed~ Grantor at the address below, before
5:00 P.M. on December 1980.
PURCHASE PRICE. The total purchase price shall be $500,000 in
cash at close of escrow.
·
TITLE. Title to the option property shall be conveyed to City
at close of escrow by Grant Deed free and clear of all liens,
easements, restrictions, rights and conditions of record, other
than current taxes and public utility easements and those
encumbrances acceptable to City.
5. ESCROW: TITLE INSURANCE: PRORATIONS
(a) Escrow. In the event this option is exercised, an escrow
shall be opened with Founders Title Company, 380 Diablo Road,
Suite 105, Danville, California 94526. Escrow is to close
/~~ within f~¥~t~.n (,%) days from the date of exercise of this
(b) Costs and Prorations. All costs of escrow (including costs
of reconveyances) shall be paid by City. Current taxes and
other items of expense of the option property shall be prorated
as of the close of escrow.
By
Date
CITY OF DANVILLE,
A Public Agency
City Manager
'ff
510 La Gonda Way
Danville, CA 94526
'~/~ -J · . .V~
Gra~or '"
f
Grant~r
2655 Camino Tassajara
Danville, CA 94526