Agenda

Return

C. 9

To:	Board of Supervisors
From:	Sharon L. Anderson, County Counsel
Date:	May 5, 2015

Contra

Costa

County

Subject:

Approval of settlement in Contra Costa County v. Joseph L. Campbell (C.C.C. Superior Court Case No. C14-00474)

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 05/05/2015

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor

ABSENT:

Federal D. Glover, District V Supervisor

Contact:	Stephen M. Siptroth, Deputy County Counsel, 335-1817
cc:	Stephen M. Siptroth, Deputy County Counsel

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: May 5, 2015
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. APPROVE and AUTHORIZE the County Counsel, or her designee, to execute on behalf of the County an agreement to settle the litigation captioned Contra Costa County v. Joseph L. Campbell, Contra Costa County Superior Court Case No. C14-00474.


2. AUTHORIZE the Public Works Director, or designee, to accept a Grant Deed for the property located at 2090 Commerce Avenue, Concord.

RECOMMENDATION(S): (CONT'D)

3. DIRECT the Public Works Director, or designee, to record the Grant Deed in the Official Records of Contra Costa County.

FISCAL IMPACT:

The settlement will avoid additional litigation costs.

BACKGROUND:

In 1991, the County entered into a lease-purchase agreement with Joseph L. Campbell to purchase improved real property located at 2090 Commerce Avenue, Concord (the “Property”). The County has used the Property as a residential detoxification facility.

Under the lease-purchase agreement, the County paid for the Property by making monthly payments to Campbell over 16 years. After the last monthly payment was made in 2007, the County owned the Property. The lease-purchase agreement required Campbell to convey to the County fee title to the Property by executing and delivering a grant deed, but Campbell never provided the executed grant deed to the County.

On March 12, 2014, the County filed this litigation against Campbell, to seek an order requiring Campbell to provide the County an executed grant deed that would convey to the County fee title to the Property. Campbell then filed a cross-complaint against the County.

The parties have agreed to settle the litigation under the following terms: (1) Campbell will provide the County an executed grant deed conveying fee title to the Property to the County; (2) after the grant deed is recorded, the litigation will be dismissed in its entirety; and (3) each party will bear its own attorney’s fees and costs incurred in the litigation and in the negotiation and execution of the settlement agreement.

CONSEQUENCE OF NEGATIVE ACTION:

Should the Board elect to not approve the settlement agreement, the litigation would continue at additional cost to the County.