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Home My WebLink About187-89 RESOLUTION NO. 187 - 89 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE APPROVING A PROPERTY TRANSFER AGREEMENT BETWEEN THE TOWN OF DANVILLE AND THE SAN RAMON VALLEY SCHOOL DISTRICT CONCERNING PROPERTY IN THE SYCAMORE VALLEY PARK. WHEREAS, the Town Council and the San Ramon Valley Unified School District Board are desirous of exchanging properties located within the Sycamore Valley Park; and WHEREAS, this exchange of properties will enhance the use of the park and provide a better site for a new elementary school to be constructed; and WHEREAS, this transfer of properties is being done on an comparable dollar for dollar basis, with both properties having equal value; and WHEREAS, this exchange of properties will benefit both parties by allowing joint use of property for parking recreation use and access; now, therefore, BE IT RESOLVED by the Town Council of the Town of Danville, that Town Manager is hereby authorized to execute, on behalf of the Town, a Memorandum Agreement with the San Ramon Valley Unified School District regarding such real property exchange, in the form as lodged with the City Clerk, together with such changes as may hereafter become necessary, provided such changes do not materially increase the obligations of the Town thereunder. APPROVED by the Town Council at a regular meeting on November 9, 1989. AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF NOES: NONE ABSTAINED: NONE ABSENT: NONE ~/~ MAYOR ATTEST: ~~~/~ APPROVED AS TO FORM: PROPERTY TRANSFER AGREEMENT This agreement of purchase and sale ("Agreement") is made between the Town of Danville, a California public entity, corporate and politic and San Ramon Valley Unified School District of Contra Costa County California ("District"). RECITALS 1. Town and District are the owners in fee simple of certain parcels of real property located in the Town of Danville, Contra Costa County California. 2. Such parcels are not contiguous, but are located in close proximity to each other. 3. District's parcel is located within the boundaries of the site of a proposed municipal park to be constructed, developed and improved by Town. 4. Town's parcel is located within the boundaries of the site of a proposed school facility to be constructed, developed and improved by District. 5. Town and District desire to accommodate the respective programs of the other, as set forth above, by exchanging their parcels of real property, each to the other. 6. Time constraints require that this Memorandum Agreement, containing the essential terms of agreement by Town and District, be executed at this time. Town and District contemplate that a more complete and detailed agreement will be executed in the future. AGREEMENTS 1. DescriDtion of Property. The Town of Danville agrees to transfer and the San Ramon Valley Unified School District agrees to acquire the real property containing 9.56 acres, and shown on the "Map of the Site", Exhibit A, hereto, and as more particularly described in the "Legal Description of the Site", Exhibit B hereto The San Ramon Valley Unified School District agrees to transfer and the Town of Danville agrees to acquire the real property containing 11+ acres, and shown on the "Map of the Site", Exhibit A, hereto, and as more particularly described in the "Legal Description of the Site", Exhibit C hereto. epl19tranagr 2. Other Conditions. The manner of payment, purchase price, Escrow and closing date, Title Insurance, closing costs, fees associated with this transfer shall be completed by both parties on or before January 1, 1990. 3. Notice. All notices and demands shall be given in writing either by personal delivery or certified mail, postage prepaid and return receipt requested. Notice shall be considered received by the addressee three (3) days after deposit in the United States Mail. Unless either party received notice of a change of address in the manner provided in this paragraph, notices, shall be addressed to: San Ramon Valley School District 699 Old Orchard Road Danville, Ca 94526 Attn: Don Orr and Town of Danville c/o Eddie Peabody, Jr. 510 La Gonda Way Danville, CA 94526 4. Miscellaneous. (a) Entire A~reement;~men4ments~Further Assurances. This Agreement may be amended at any time and from time to time but only by a writing signed by both parties. The parties agree to execute any additional documents including Escrow instructions which may be reasonable and necessary to carry out the provisions of this Agreement. (b) Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid or otherwise unenforceable, the rest of theAgreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. (c) Successors. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns and personal representatives of the parties except to the extent of any contrary provisions contained herein. (d) CounterDarts. This Agreement may be executed in several counterparts and all so executed shall constitute one Agreement, binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the original or the ~ame counterpart. ep119tranagr (e) Captions. Paragraph titles or captions contained in the Agreement are inserted only as a matter of convenience and for reference. Such titles and captions in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision hereof. (f) Gender. Whenever required by the context hereof, the singular shall include the plural, and vice-versa; and the word "person" shall include a corporation, partnership, firm or other form of association. (g) Governing Law. This Agreement and the rights and duties of the parties hereunder shall be governed by the laws of the State of California. (h) Construction of agreement. The parties mutuallly acknowledge that each has had a full and fair opportunity to review and comment upon the terms of this Agreement and to obtain the advice of legal counsel. This Agreement shall not be construed against any party solely by virtue of the fact-that such party or its counsel was responsible for its preparation. (i) Time is of the essence of this Agreement. IN WITNESS WHEREOF, Buyer and Seller have signed this Agreement on the dates hereinafter set forth. The date of execution of this Agreement shall be deemed the date on which the last signatory hereto subscmibed its signature. SAN RAMg VAL Y IFI OL Oa .:l- 3- ?o , . , , ,?;yZ . , , o By: Town of Danville By: George A. Sipel Title: REQUIRED EXHIBITS A - Map of Site B - Legal Description of Sites C - Legal Description of Sites ,. T .i CAMINO TASSAJARA PARK WAY if 0 I11 X'-'I X 0 mz -i ~)<-, ?,~ . :]:~0 or.. §?, ~.~ Om~ = r""<Z '-'0 m~ _OC=O (Dm --I PARCEL F SUBDIVISION 698.3 319 M 13, "EXHIBIT *B * t, Sycamore Valley School P~rcel All that real property situated in the City of Danville, C~unty of Contra Costa, State of California, described as follows: Beginning at the most northerly corner of Parcel B, as shorn upon that Parcel Hap recorded in Book 45 of Haps, at Page 31, thence along the northerly line of said parcel South 61° 02' 00" East, a distance of 447.15 feet to the most northerly corner of said parcel. Thence along the most easterly line of Parcel A and it's prolongation as shown upon said Parce[ Hap, North 28° 58' 00" East, a distance of 673.80 feet; Thence North 61° 02' 00" West, a distance of 461.65 feet; Thence South 28° 58' 00""West, a distance of 171.00 feet; Thence North 61° 02' 00" West, a distance of 165.25 feet; Thence South 28° 58' 00" West, a distance of 489.00 feet; Thence southeasterly to a point on the most westerly line of Parcel B that will include with the remainder of the above described boundary an area of exactly 9.56 acres. Thence along said most westerly line to the Point of Begdrifting. m "** ,..XHIBIT C PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION B4 AND APORTION OF THE NORTHWEST 1/4 OF SECTION 35, ALL IN TOWNSHIP 1 SOUTH, RANGE I'~EST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHEAST LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO A.J. PITICA, ET UX., RECORDED DECEMBER 30t 1959, BOOK 3525 OFFICIAL RECORDS, PAGE 326, AT THE MOST NORTHERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO W.L. MC DONALD, ET UX. RECORDED JUNE 1, 1962, BOOK 4131, OFFICIAL RECORDS, PAGE 555; THENCE FROM SAID POINT OF BEGINNING NORTH 61' 02' WEST, ALONG SAID NORTHEAST LINE, 532.87 FEET TO THE SOUTHEAST LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEEDTO LOUIS MOSCHETTI, ET AL, RECORDED AUGUST 10, 1962, BOOK 4179, OFFICIAL RECORDS, PAGE 61, THENCE SOUTH 28° 58' WEST ALONG SAID SOUTHEAST LINE 954.91 FEET TO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS TASSAJARAROAD; THENCE ALONG SAID CENTER LINE SOUTH 54° EAST, 157.35 FEET AND SOUTH 61° 02' EAST 381.70 FEET TO THE NORTHWEST LINE OF SAID MC DON~D APRCEL (4131 OR 555; THENCE NORTH 28° 58' EAST, ALONG SAID NORTHWEST LINE, 974.18 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO CONTRA COSTA COUNTY BY DEED RECORDED MAY 11, 1981, IN BOOK 10318, PAGE 379, OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NO. 215-090-018