SANTA CRUZ COUNTY BOARD OF SUPERVISORS INDEX SHEET

Creation Date: 3/11/09 Source Code: PUBWK

Agenda Date: 3/17/09

I NVENUM: 621 89

Resol uti on (s) : 40-2009 Ordinance(s):

Contract(s):

Continue Date(s): Index: --Letter of the Public Works Department dated March 5, 2009

--Resolution for Right-of-way Acquisition East Cliff Drive Bluff Protection Project --Sire Map --Appraisal Maps (3) --Contract with Chris Furlanic --Contract with Keith D. and Kim D. Adams, Trustee --Contract with George Bernard and Candace Rose Keefe, Trustees

Item: 27. ADOPTED RESOLUTION NO. 40-2009 approving and accepting the terms and conditions of the East Cliff Drive Bluff Protection Project-32nd to 36th Avenues and 41 st Avenue property acquisition agreements; made related findings; approved payment of claims for the agreements and approved related actions, as recommended by the Director of Public Works

0085

County of Santa Cruz 0

DEPARTMENT OF PUBLIC WORKS

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701 OCEAN STREET, ROOM 410, SANTA CRUZ, CA 95060 (831) 454-2160 FAX (831) 454-2385 TDD (831) 454-2123

THOMAS L. BOLICH DIRECTOR OF PUBLIC V1‘ORKS

AGENDA: MARCH 17,2009

March 5,2009 BOA APPROVED AND FLED

SANTA CliUZ COUNTY BOARD OF SUPERVISORS 701 Ocean Street Santa Cruz, California 95060

SUBJECT:

SUSAN A. MAURIELLO

EAST CLIFF DRIVE BLUFF PROTECTION PROJEC 32ND TO 36TH AVENUES AND 41 ST AVENUE PROPERTY ACQUISITIONS

Members of the Board:

Included in the 2008/2009 Public Works and Redevelopment Agency Budgets are funds for construction of improvements along East Cliff Drive and for the acquisition of the required property rights on three parcels of real property.

On December 8,2008, your Board authorized filing a condemnation action for acquisition of APN 032-25 1-1 1. The action was filed on December 10,2008, and on December 15,2008, funds to accomplish the condemnation were transferred. by the Auditor-Ccmtroller into a “Court Deposit” account.

On January 3 1,2009, title to this parcel was settled by the Probate Court in Santa Clara County in favor of Chris Furlanic. Mr. Furlanic is willing to sell the property, and an escrow has been opened for the County’s purchase. After adoption of the attached resolution, County Counsel will seek a court order directing the Auditor-Controller to disburse the funds into escrow. When the escrow closes and the County holds title, the condemnation action will be dismissed.

The attached three agreements provide for the acquisition of necessary rights along the coastal bluff for the above-mentioned project (as shown on the attached plans). The required property rights will allow for the installation of coastal bluff protection (seawall) and new stairs within the project improvement area. The settlement amounts for the property interests acquired are shown in the attached resolution and are based on a departmental appraisal. These amounts are considered fair and reasonable for the real property interests being acquired and represent the fair market value for such property interests. Acquisition costs for these three agreements total $29,000.00.

0086 SANTA CIWZ COUNTY dOARD OF SUPERVISORS Page -2-

The funding for these acquisitions is being provided by the County’s Redevelopment Agency. Redevelopment funds are being used because it has been determined that the improvements are of benefit to the project area in which the acquisitions are located, that no other reasonable means of financing the improvements are available to the community, that the project will assist in the elimination of blight, and that the project is consistent with the Redevelopment Agency’s five-year implementation plan. The Redevelopment Agency has a letter to its Board of Directors on today’s agenda requesting authorization for the expenditure of funds necessary for these acquisitions.

It is therefore recommended that the Board of Supervisors take the following action:

1. Make findings that the improvements are of benefit to the project area in which the acquisitions are located, that no other reasonable means of financing the improvements are available to the community, that the project will assist in the elimination of blight, and that the project is consistent with the Redevelopment Agency’s five-year implementation plan.

2. Adopt the attached resolution approving and accepting the terms and conditions of the East Cliff Drive Bluff Protection Project 32nd to 36th Avenues and 4 1 st Avenue property acquisition agreements and authorize the Director of Public Works to sign said agreements on behalf of the County.

3. Approve payment of claims for the agreements.

Yours truly,

THOMAS L . ~ L I C H Director of Public Works

TLB: JSK:nng

Attachments

REC)X4MENDED FOR APPROVAL:

County Adiministrative Officer

copy to: Auditor-Controller Redevelopment Agency Public Works (Real Property)

east cliff stabilization m.wpd

?EFORE THE BOARD OF SUPERVI‘ RS OF THE LJLJNTY OF SANTA CRUZ, STATE Or CALIFORNIA 0 0 8 7

9.-

RESOLUTION NO. 40-2009

On the motion of Supervisor duly seconded by Supervisor Leopold the following resolution is adopted:

P i r i e

RESOLUTION FOR RIGHT-OF-WAY ACQUISITION EAST CLIFF DRIVE BLUFF PROTECTION PROJECT

WHEREAS, the County of Santa Cruz is desirous of acquiring the real property interests described in the Agreements attached hereto and hereinafter referred to; and

WHEREAS, the owners of said real property interests have delivered Agreements conveying said real property interests to County, upon condition that County acknowledge and approve Articles set forth in said agreements binding County to the performance of said Articles; and

WHEREAS, the Board of Supervisors of said County hereby finds the Articles of said Agreements to be fair and reasonable consideration for the acquisition of said real property interests.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the County of Santa Cruz does Inereby accept the terms of said agreements listed

A.P.N. NAME

032-25 1 - 1 :I Chris Furlanic 033-171-18 Keith E. Adams

Kim D. Adams 03 2 -242 -09 George Bernard Keefe

Candace Rose Keefe

PAYMENT

$23,000.00

$ 4,750.00

$ 1,250.00

BE IT FURTHER ORDERED that the Auditor-Controller of the County of Santa Cruz is hereby authorized to approve payment of claim for the above agreements in the amounts shown, payable to the above listed Grantors (except that the Furlanic payment shall be made payable to Stewart Title Company, 1541 Pacific Avenue, Suite D, Santa Cruz, CA 95060, for deposit into escrow No. 9564566), out of County Redevelopment funds, the Adams and Keefe claims charged against Index No. 61 1 183, Work Authorization No. 66025, and the Furlanic claim charged against “Probable Compensation in the matter of County of Santa Cruz v. Heirs and Devisees of Edith A. Gion, Deceased, et al, County of Santa Cruz Superior Court No. CV 162166,” all for the purchase of said.property interests, AND TO DELIVER THE SAME TO THE CHIEF REAL PROPERTY AGENT OF THE COUNTY OF SANTA CRUZ; and

BE IT FURTHER ORDERED that said Chief Real Property Agent, deliver said warrants directly to the above listed grantors and/or title company listed above.

RESOLUTION NO. 4b-LOO9 Page -2-

008.8

- PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz,

State of California, this17th day of March , 2009, by the following vote:

AYES: SUPERVISORS Leopold, Pirie, Campos, Stone and Coonerty

NOES: SUPERVISORS None

None ABSENT: SUPERVISORS

NEAL COONERTY

ATTEST: TE-RALD Clerk of said Board

Approved as to form:

aqj$ii+ OfficeofClount Cou e

/ Distribution: County Counsel

Auditor-Controller Redevelopment Public Works (Real Property)

Chairperson of said Board

STATC bF CALifORNlA ) ss A

COUNTY OF SANTA CRUZ ) I . SUSAN A. MAMlECLO. County Administrative Officer and ex-&tcrgClerk of the 6Oard Of swper- ‘.mors of the County of Sam CrU, $@& Qf Calitornia do hereby certify that the foregoing @ a t r u e at?d correct copy of ther%sokrtianp&ssed and adopred by and entered in minules Ofhe said b a d . In witness whereof t. MvS t\erd4C4C

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, Property No.: 1

- - APN: 032-251-1 1 Chris Furlanic

(Sellers) Project: East Cliff Bluff

Stabilization Project

CONTRACT COUNTY OF SANTA CRUZ

,2009, by and between the COUNTY lp"

This contract is entered into this 17 day of ff+@Jd OF SANTA CRUZ, hereinafter called COUNTY, and Chns Furlanic hereinafter called SELLERS. The parties mutually agree as follows: -

I . The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction.

l!. SELLERS agree to execute and deliver documents in the form of an Grant Deed and a Form W-9 (Request for Taxpayer Identification Number and Certification) covering the property located on East Cliff Drive in the COUNTY (APN 032-25 1-1 l), more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to KEN A. HILL, Chief Real Property Agent of the COUNTY, State of California.

3. The COUNTY shall:

(A) Pay the undersigned grantor(s) the sum of $23,000.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Grant Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded andor unrecorded), taxes., penalties, and bonds except:

1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any.

(B) Pay all escrow and recording fees incurred in this transaction, and if Title Insurance is required by the COUNTY, the premium charge therefore, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an escrow with Santa Cruz Title Company, 201 River Street, Santa Cruz, CA 95060, their escrow No. 09564566.

4. SELLERS agree to indemni@, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occumng during SELLERS ownership of the Property:

(A) The release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials, or

D:\wpwEast Cliff #6tj025\CONTRACT.GNT.wpd

(B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or license relating to the release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials.

The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any govcxnmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", ''hazardous waste", ''extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code.

The purchase of the Property shall not be construed as limiting SELLER'S responsibility and/or the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Property.

5 . It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3(A) to the SELLERS or deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date.

6. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month.

7.. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date of February 8,2008.

8. This CONTRACT is subject to the approval of the Santa Cmz County Board of Supervisors and does not bind County until such time as Board approval and consent has been received in writing and as required by la^.

51. Grantor consents to the dismissal of any eminent domain action involving the property and waives any and all claims to any monies that may now be on deposit in such action.

I O . The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.

D:\wpwEast Cliff #66025\CONTRACT.GNT. wpd

IN WITNESS WHEREOF, the COUNTY has caused this contract to be duly executed as of ,2009; and SELLERS have executed this agreehent as of the / /k4 day the my dayof-&A&tf

of erJeY4+-f - ,2009.

RECOMMENDED FOR APPROVAL

By: - L & d z d Kdnneth A. hill Chief, Real Property ~LPPROY~~~IJ~ OfficeofCo tyC u el

LICH Director oxublic: Works (SELLERS)

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0096

Order Number: 09564566 AKK

EXHIBIT "A"

The land referred to herein is described as follows:

SITUATE IN THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA AND DESCRIBED AS FO L LO WS :

BEING A PORTION OF THE LANDS CONVEYED TO J. EARLE McCOMBS ET AL BY DEED DATED APRIL 20, 1954 AND RECORDED APRIL 29,1954 IN VOLUME 964, PAGE 649, OFFICIAL RECORDS OF SANTA CRUZ COUNTY AND BEING MORE PARTICULARLY DESCRIBED A S FOLLOWS:

BEGIIWING ON THE SOUTHEASTERLY LINE OF THE LANDS CONVEYED TO JEAN LaFAt3REGUE BY QEED DATED AUGUST 12,1953 AND RECORDED AUGUST 25,1953 IN VOLUME 928, PAGE 463, OFFICIAL RECORDS OF SANTA CRUZ COUNTY SAID POINT BEING SOUTH 37" 29' WEST 22.60 FEET FROM THE MOST WSTERLY CORNER OF SAID PARCEL OF LaFAEgREGUE, SAID POINT BEING ALSO AT AN ANGLE IN THE WESTERLY LINE OF LANDS CONVEYED TO J. EARLE McCOMBS BY DEED DATED MARCH 21,1956 AND RECORDED APRIL 25,2956 VOLUME 1071 PAGE 230, OFFICIAL RECORDS OF SANTA CRUZ COUNTY; WENCE FROM SAID POINT OF BEGINNING AND ALONG THE SOUTHEASTERLY AND SOUTHERLY LINE c)F SAID LANDS OF LaFABREGUE THE FOLLOWING 2 COURSES AND DISTANCES SOUTH 37" 29' WEST 82.45 FEET TO A PIPE AND SOUTH 67" 52' WEST 124.88 FEETTO A PIPE ON THE SOUTHEASTERLY LINE OF EAST CLIFF DRIVE; THENCE SOUTH 22" 32'WEST ALONG SAID EAST CLIFF DRIVE 108.47 FEET TO A PIPE; THENCE CONTINUING ALONG SAID EAST CLIFF DRIVE SOUTH 50" 57' WEST 115.0 FEET MORE OR LESS TO THE INTERSECTION OF SAID SlOUTHEASTERLY LINE OF EAST CLIFF DRIVE WITH THE SOUTHERLY PRQLONGATlON OF THlf WEST LINE OF 36TH AVENUE; THENCE SOUTHERLY ALONG THE SOUTHERLY PR0LC)NGATION OF THE WEST LINE OF SAID 36T" AVENUE TO THE BAY OF MONTEREY; THENCE EASTERLY ALONG THE BAY OF MONTEREY TO A POINT WHICH IS SOUTH 0" 17' WEST I'ROM THE POINT OF BEGINNING; THENCE NORTH 0" 17' EAST TO THE POINT OF BEGINNING.

f3CEPTING THEREFROM THE LA.NDS CeN\./EYED TQ F?I.,A.P,TH,A, L. T!-! EBEP,GE BY DEED RECORDED DECEMBER 1 , 1959 IN VOLUME 1286, PAGE 286 OFFICIAL RECORDS OF SANTA CRUZ COUNTY.

ALSO EXCEPTING THEREFROM THE LANDS CONVEYED TO LAWRENCE A. CLOUSING AND LOJS CLOUSING BY DEED RECORDED FEBRUARY 11, 1960 IN VOLUME 1299, PAGE 436, OFFICIAL RECORDS OF SANTA CRUZ COUNTY.

ALSO E)(CEPTING THEREFROM THE LANDS DESCRIBED AS PARCEL TWO IN THE INSTRUMENT RECORDED MAY 14, 1963 IN VOLUME 1540, PAGE 663, OFFICIAL RECORDS OF SANTA CRUZ COUNTY.

APN: 032-251-1 1

Property No.: L

d

Keith D. Adams, Trustee &m D. Adams, Trustee (Sellers)

APN: 033-171-18 - Project: East Cliff Bluff

Stabilization Proiect

CONTRACT COUNTY OF SANTA CRUZ

This contract is entered into this I?*day of k%kH , 2009, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and Keith E. Adams and Kim D. Adams, Trustees of the Keith E. Adams and Kim D. Adams Family Trust, hereinafter called SELLERS. The parties mutually agree as follows: -

1. The parties herein set forth the whole of their agreement. The performance of this agre em en t cons t i t ui: e s the en t i re cons i deration for t hi s transaction .

2. SELLERS agree to execute and deliver documents in the form of an Easement Deed and a Form W-9 (Request for Taxpayer Identification Number and Certification) covering the property located at 500 41" Avenue in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to Kenneth A. Hill, Chief Real Property Agent of the COUNTY, State of California.

3. The COUNTY shall:

(A) Pay the undersigned grantor(s) the sum of $4,750.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Easement Deed within thirty (30) days after date title to said property vests in the COUNTY free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), taxes, penalties, and bonds except:

1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any.

(B) Pay all escrow and recording fees incurred in this transaction, and if Title Insurance is required by the COUNTY, the premium charge therefore, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an internal escrow by the COUNTY, Department of Public Works, Real Property Section, 701 Ocean Street, Rm 410, Santa Cruz, CA 95060.

4. SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, attorney's fees), arising out of any of the following matters in, on, or about the Property occurring during SELLERS ownership of the Property:

(A) The release, use generation, discharge, storage, disposal, or transportation of any

D:\wpw\East Cliff #660:!5\CONTRACT. EAS.wpd

0098

Eazardous Materials, or

(B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or license relating to the release, use generation, discharge, storage, disposal, or transportation of any Hazardous Materials.

The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", ''extremely hazardous waste", or "restricted hazardous waste" in the California Health and Safety Code.

The purchase of the Property shall not be construed as limiting SELLER'S responsibility and/or the COUNT'Y's rights concerning hazardous materials discovered before or after purchase of the Property.

5 . It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors and/or authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. It is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this light-of-entry area, exclusive of any fee or permanent easement areas and not including those improvements already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or after December 3 1 , 201 0, whichever occurs first.

6 . It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3(.A) to the SELLERS or deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date.

7. SELLERS warrant that there are no oral or written leases on any portion of the real property described :in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month.

8. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date of December 1 1 , 2008.

9. This CONTRACT is subject to the approval of the Santa Cruz County Board of Supervisors and does not bind County until such time as Board approval and consent has been received in writing and as required by law.

10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.

. -

D:\wpw\East Cliff #66025\CONTRACT.EAS.wpd

IT( WITNESS WHEREOF, the COUNTY has caused this contract to be duly executed as of ,2009; and SELLERS have executed this agreement as of the mW day - the \Tw day of IqA&%

of J Q N U A W -7 2009.

RECOMMENDED FOR APPROVAL

Kenneth x. Hill Chief, Real Property

By: THOMAS L. Director of Public;: Works

Kim D. Adams, Trustee

(SELLERS)

D:\wpw\East Cliff #66025\CONTWCT.EAS.wpd

0100

Ex hi bit “A”

ADAMS, KEITH E. & KIM D. TRUSTEES

APN 033-171-18

Situate in the County of Santa Cruz, State of California, and described as follows:

Being an easement over a portion of the lands conveyed to Adams, by deed recorded November 12,2002, in Document No. 2002-0082580, of the Official Records of Santa Cruz County, and more particularly described as follows:

PARCEL A

Being an easement for the construction and maintenance, as needed, of a bluff protection retaining wall described as follows:

Beginning at the point of intersection of the westerly boundary of said lands of Adams with the local mean high water mark of the Pacific Ocean, said point also being the southernmost point of said lands; thence North 00” 10’ 00’’ West 99.89 feet; thence North 64” 55’ 2!3” East 48.67 feet; thence South 25” 04’ 37” East 11.88 feet, thence South 43” 26’ 07” ’West 43.47 feet; thence South 05” 5 1 ’ 33” West 39.78 feet to a point along the local mean high water mark of the Pacific Ocean; thence southwesterly along said high water mark to the point of beginning.

Containing 2 125 square feet, more or less

PARCEL B

Being an easement for the construction and maintenance, as needed, of subsurface soil nails described as follows:

Beginning at the point of intersection of the southeasterly boundary of East Cliff Drive, a County road, with the easterly boundary of 4ISf Avenue, a County road; thence leaving said boundary South 25” 04’ 37” East 33.56 feet; thence South 64” 55’ 23” West 48.67 feet to a point along the westerly boundary of said land of Adams; thence along said westerly boundary North 00” 10’ 00” West 22.1 1 feet to a point along said southeasterly boundary of East Cliff Drive, thence along said southeasterly boundary of East Cliff Drive North 45” 59’ 00” East 4 1.6 1 feet to the point of beginning.

Containing 1149 square feet, more or less

033-171-1 8-Adams(REV12-29-08).doc

Property No.: '/ 0101

APN: 032-242-09 George Bernard Keefe, Trustee Candace Rose Keefk, Trustee (Sellers)

Project: East Cliff Bluff Stabilization Project

CONTRACT COUNTY OF SANTA CRUZ

,f+

This contract is entered into this 3 day of k3+iy , 2009, by and between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and GEORGE BERNARD KEEFE and CANDACE ROSE KEEFE, Trustees of the KEEFE FAMILY TRUST dated July 13, 2006, hereinafter called SELLERS. The parties mutually agree as follows:

1. The parties herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for this transaction.

2. SELLERS agree to execute and deliver documents in the form of an Easement Deed and a Form W-9 (Request for Taxpayer Identification Number and Certification) covering the property located at 3054 Pleasure Point Drive in the COUNTY, more particularly described in Exhibit "A", attached hereto and made a part hereof. Said documents will be delivered to Kenneth A. Hill, Chief Real Property Agent of the COUNTY, State of California.

3. The COUNTY shall:

(A) Pay the undersigned grantor(s) the sum of $1,250.00 for the property or interest therein (including all improvements existing thereon unless removal is specifically authorized hereinafter in this Contract) as conveyed by Easement Deed within thirty (30) days after date title to said property vests in

unrecorded), taxes, penalties, and bonds except: rl- - O A T T h T T p X 7 C--- ,.-A lllt; L U U I Y 1 1 1lt;t; ClllU c:ear of a:: liens, encumbrances, assessiEerits, easemerits arid leases (recarded a&'ar

1. Covenants, conditions restrictions and reservations of record, if any, 2. Easements or rights of way over said land for utility or street purposes, if any.

(B) Pay all escrow and recording fees incurred in this transaction, and if Title Insurance is required by the COUNTY, the premium charge therefore, except that the payment of any reconveyance fees, trustee's fee, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage shall be the responsibility of the SELLERS. This transaction will be handled through an internal escrow by the COUNTY, Department of Public Works, Real Property Section, 701 Ocean Street, Rm 410, Santa Cruz, CA 95060.

4 . SELLERS agree to indemnify, defend, and hold harmless the COUNTY from and against any claim, action, suit, proceeding, loss, cost, damage, deficiency, fine, penalty, liability, or expense (including without limitation, ,attorney's fees), arising out of any of the following matters in, on, or about the Property occurring during SELLERS ownership of the Property:

- (A) The release, use generation, discharge, storage, disposal, or transportation of any

D:\wpwEast Cliff #66025\CONTRACT.EAS.wpd

0102 Hazardous Materials, or

(B) The violation of any statute, ordinance, order, rule, regulation, permit, judgement, or license relating to the release, use generation, discharge, storage, disposal, or transportation of any Hazardous Mat en als .

The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated by any governmental authority, including, but not limited to, any material or substance which is defined as a "hazardous substance", "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" in the Califo-mia Health and Safety Code.

The purchase of the Property shall not be construed as limiting SELLER'S responsibility and/or the COUNTY'S rights concerning hazardous materials discovered before or after purchase of the Property.

5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the COUNTY, its contractors and/or authorized agents have the right to enter upon the SELLERS property in the vicinity of the land described in the attached Exhibit "A", as necessary, to construct the improvements for which the purpose of the deed is being granted. It is understood and agreed that the premises will be left in a clean and orderly condition. As of the inspection date, any existing improvements located within this right-of-entry area, exclusive of any fee or permanent easement areas and not including those improvement:; already compensated for as specified in the appraisal, that may have been disturbed or removed during the course of the project construction work will be restored or replaced in kind. The right of entry will terminate at the completion of the project or after December 3 1, 2010, whichever occurs first.

is. It is agreed ard coiifimed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Subject Property by the COUNTY including the right to remove and dispose of improvements, shall commence on the date the COUNTY delivers said total amount shown in Clause 3( A) to the SELLERS or deposits said amount into escrow, and that the amount shown in Clause 3(A) herein includes, but is not limited to, full payment for such possession, use, and interest from said date.

7. SELLERS warrant that there are no oral or written leases on any portion of the real property described in Exhibit "A" exceeding a period of one month, and SELLERS further agree to hold harmless and reimburse the COUNTY for any and all losses or expenses resulting or arising from any lease on the property exceeding a period of one month.

8. On the day title of said property vests in the name of the COUNTY, the condition of the property, including the existence or nonexistence of improvements, will be the same as the condition of the property on the inspection date of December 1 1 , 2008.

9. This CONTRACT is subject to the approval of the Santa Cruz County Board of Supervisors and does not bind County until such time as Board approval and consent has been received in writing and as required by law.

10. The provisions of this agreement shall inure to the benefit of and bind the respective successors, heirs, and assigns of the parties hereto.

D:\wpw\East Cliff #60025\CONTRACT. EAS.wpd

IN WITNESS WHEREOF, the COUNTY has caused this contract to be duly executed as of ,2009; and SELLERS have executed this agreement as of the 3E/3 day

>-

the?&b day of LcE/3 ( / A 2 d/

of& c/Aw - , 2009. '

By: Kenneth A. Hill Chief, Real Property

Candace Rose Keefe, T m s U APPROVED AS TO FORM:

By:

Director of Public Works (SELLERS)

D:\wpwEast Cliff #660:!S\CONTRACT.EAS.wpd

0104

Exhibit “A”

KEEFE, GEORGE BERNARD & CANDACE ROSE TRUSTEES

APN 032-242-09

Situate in the County of Santa Cruz, State of California, and described as follows:

Being an easement over a portion of the lands conveyed to Keefe, by deed recorded October 31,2006, in Document No. 2006-0063335, of the Official Records of Santa Cruz County, and more particularly described as follows:

Being an easement for the construction and maintenance, as needed, of subsurface soils nails to retain a bluff protection retaining wall described as follows:

Beginning at the easternmost point of said lands; thence along the southeasterly boundary of said lands South 44” 30’ 00” West 18.90 feet; thence leaving said boundary North 7 1 O

34’ 43” West 17.49 feet; thence North 36” 34’ 17’’ West 23.16 feet to a point along the northerly boundary of said lands; thence South 76” 17’ 15” East 44.93 feet to the point of beg i nn in 1;.

Containing 481 square feet, more or less

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032-242-09-Keefe. doc