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THE BOARD OF SUPERVISORS "
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on Septemer 12, 1995 by the following vote:
AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Rogers
RESOLUTION NO. 95/ 408
(GOV. CODE § 25363)
SUBJECT: Sale of Surplus Real Property
Single-Family Residence, 4509 Empire Avenue
Project No. 0662-6R4236
Oakley Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Board by Resolution No. 95/26 dated July 18, 1995, determined that the County
owned parcel described in the Notice of Public Land Sale attached to said Resolution was
surplus and that it was not needed for public use.
The Notice of Public Land Sale set 2:00 p.m. on August 8, 1995, at the property
location, as the time and place where oral bids would be received and considered.
The highest bid received for the property, in accordance with the terms and
conditions of sale approved by this Board was$85,000.00 by Nancy Garrett, at which time
the amount of$5,000.00 was deposited as an option-bid deposit to secure completion of
the transaction.
Said bid is hereby ACCEPTED and the Board Chair is AUTHORIZED to execute
the Option to Purchase Agreement with Nancy Garrett and execute a deed to Nancy
Garrett or her designee, for the property and cause said deed to be delivered upon
performance and compliance by the purchaser of all terms and conditions set forth in the
Agreement.
Orig. Dept.: Public Works (R/P) I hereby certify that this is a true and correct copy of
Contact: Karen McNamer (510) 313-2228 an action taken and entered on the minutes of the
cc: County Administrator
Board of Supervis -� L;rs on the date shown.
Auditor-Controller ATTESTED:PHIL BAT HELOR,Clerk of the B ands
Assessor of Supervisors and County Administrator
Public Works Accounting
KM:Io '���� .Deputy
c:br7emp.t8
RESOLUTION NO. 95/408
` Recorded at the request of:
l Nancy Garrett
Return to:
Nancy Garrett
P.O. Box 1158
Oakley, CA 94561
Assessor's Parcel No. 041-110-012
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California,
Grants to NANCY GARRETT, a single woman,
the following described real property in the unincorporated area of the County of Contra
Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF,
CONTRA COSTA COUNTY
Dated September 1"995 By r
Chair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On September 12, 1995 before me,
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator,Contra
Costa County, personally appeared
Gavle Bishop who is
personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/-
her/their authorized capac'ity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the
instrument.
r
611,e
puty Clerk
OAJO
c:DE3empA8
March 1,1995
r
Road No. 787.1 Empire Avenue
PARCEL 1 - Contra Costa County
APN: 041-110-012
DWG. NO. A7871-94
Sale of Surplus Property
EXHIBIT "A"
PARCEL 1: (Fee Title)
Real property in an unincorporated area of Contra Costa County, California, being a portion of
the southeast one-quarter of the northeast one-quarter of Section 27, Township 2 North, Range
2 East, Mount Diablo Meridian, described as follows:
A portion of Parcels One and Two as described in the deed to Contra Costa County recorded
March 31, 1994, Series No. 94-089702, Official Records of said County, described as follows:
Beginning at the southwesterly corner of said Parcel One (94-089702), thence from the Point of
Beginning, along the boundaries of said Parcels One and Two the following courses: north
0°55'29" east 89.00 feet and south 89°04'31" east 90.00 feet to a point on a line which is parallel
with and 45.00 feet westerly of the east line of Section 27, Township 2 North, Range 2 East,
Mount Diablo Meridian; thence leaving the boundary of said Parcel Two, along said parallel line,
south 0°55'29" west 89.00 feet to a point on the southerly line of said Parcel One (94-089702);
thence, along said southerly line, north 89°0431" west 90.00 feet to the Point of Beginning.
Containing an area of 8,010 square feet of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27).
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
AND
Signature: .�s�`�
Licensed Land Surveyor ZWljy �y,��
Contra Costa County Public Works Eapp./ 3/- 6
Date:
No.5999
_�- / �— �S�
OF A0
JH:kd
g:\C1ericaI\Exhibits\Empire.Exh
April 12, 1995
OPTION TO PURCHASE AGREEMENT
1. GRANT OF OPTION.
In consideration of the sum of FIVE THOUSAND DOLLARS ($5,000.00), receipt of which is hereby
acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California
("County'),does hereby grant to ��(' -`+ �—'�. `- ("Optionee")the exclusive
right and option to purchase, on the followinb terms and conditions, the real property described in
Exhibit"A"attached hereto and made a part hereof, and further identified as A.P.N.041-110-012.
2. COMMENCEMENT AND TERMINATION DATES.
The option granted under this agreement shall be exercisable for a period of forty-five (45) days
beginning on the first day following the approval of this option by the Board of Supervisors.
3. EXTENSION OF OPTION PERIOD.
There may be circumstances beyond the control of the Optionee which prevent completion of the
terms and conditions within the option period. Under these circumstances,the County may,at County's
sole discretion, provide for an extension of the option period under such terms and conditions as the
County deems reasonable,if it is deemed in the best interest of the County. No such extension shall
be effective unless it is in writing,signed by both parties. It is understood that Optionee acquires no
right,title,interest or equity in or to said property until a deed is recorded.
4. PURCHASE PRICE.
T 'g Agreemegt gives Qptionthe right to purchase the subject property for the sum of
,LJ— - _ :,-C j;,��,6k,YDOLLARS ($ :{ ?`ir )in cash. In the event the option granted
hereujider is a,ercised by the Optionee,the consideration of FIVE THOUSAND DOLLARS ($5,000.00)
paid by Optionee to County for the grant of said option, shall be applied to and shall reduce said
purchase price.
5. EXERCISE OF OPTION.
The Optionee may exercise the option granted under this Agreement by paying the purchase price to
County prior to the termination of the option period.
All payments must be made at the Public Works Department, Real Property Division, 255 Glacier
Drive,Martinez, CA 94553, payable to the order of Contra Costa County.
6. FORFEITURE OF OPTION OR FAILURE TO EXERCISE OPTION.
If Optionee shall fail to exercise the option granted under this Agreement,the consideration in the sum
of FIVE THOUSAND DOLLARS ($5,000.00) paid by Optionee to County for this Option shall be
forfeited to and become the property of County.
7. ASSIGNMENT.
This option and all rights under this Agreement shall be freely assignable, and if assigned by Optionee,
any and all acts performable by Optionee hereunder may be performed by any assignee, regardless
of whether such assignment be before or after the exercise of this option.
8. BOARD APPROVAL.
The sale under this option is subject to the approval of the County Board of Supervisors. The Optionee
may not take possession of the property until a deed from Contra Costa County has been recorded.
9. INFORMALITIES: CANCELLATION OF SALE. '
ti Contra Costa County reserves the right to waive any informality or irregularity in any offer,or cancel
the sale at any time prior to recording of a deed. In the event of cancellation of sale by County through
no fault, action or inaction of the Optionee, all monies deposited shall be refunded without payment
of interest.
10. TITLE.
The right,title and interest in the property to be sold shall not exceed that vested in the County,and the
property is being sold subject to all title exceptions, restrictions,easements and reservations,whether
or not of record. The Optionee may obtain a policy of title insurance at Optionee's own expense.
11. FEES AND TAXES.
The Optionee shall pay all recording fees,documentary transfer taxes,or other real estate transaction
taxes, or fees by whatever name known, including escrow fees or broker's commission, if any, and
personal property sales taxes where applicable.
12. CONDITION OF THE PROPERTY.
Neither the County not its agents make any warranty,guaranty or representation with respect to the
condition of the property nor does it assume any responsibility for the conformance to codes or permit
regulations of the city and/or County in which the property is located. It is the OPTIONEE'S
RESPONSIBILITY to obtain expert advice on the condition of the property and to determine and comply
with all building, planning and zoning regulations relative to the property and the uses to which it can
be put. Optionee relies solely on his own judgment,experience and investigation as to the present and
future condition of the property and as to any repairs made to it. County has provided to Optionee and
Optionee has examined the"Wood Destroying Pests and Organisms Inspection Report dated October
31, 1994. Optionee hereby releases County,its agents and employees and any other person involved
in any way with said report,repair of the property or sale of the property,from any claim resulting from
any present or future condition of the property, including any claim for loss resulting from, contributed
to,or aggravated by,earth movement. Optionee hereby releases County,its agents and employees
and any other person involved in any way with the inspection reports, repair of the property or sale of
the property,from any claim resulting from any present or future condition of the property.
13. SEVERABILITY.
Should any part,term, portion,or provision of this Agreement be finally decided to be in conflict with
any law of the United States or of the State of California, or otherwise to be unenforceable or
ineffectual,the validity of the remaining parts,terms, portions or provisions of this Agreement shall be
deemed severable and shall not be affected thereby, provided that such remaining parts, terms,
portions, or provisions can be construed in substance to constitute the Agreement that the party
jurisdiction intended to enter into in the first instance.
14. INDEMNIFICATION.
As partial consideration for this Agreement,Optionee shall defend,indemnify, protect,save and hold
harmless County,its officers,employees and agents,from any and all claims,costs and liability for any
damages,sickness,death,or injury to persons or property,including without limitation all consequential
damages, form any cause whatsoever, including the sole or joint negligence of County, its agents,
officers or employees, arising directly or indirectly from or connected with the repairs or any present
or future condition or use of the property to be sold pursuant to this Agreement, or any representations,
misrepresentations or non-representations regarding its condition or use;and will make good to and
reimburse the County for any expenditures,including reasonable attorneys'fees the County may make
by reason of such matters, and if requested by County will defend any such suits at Optionee's sole
expense. This obligation shall survive the assignment of this option, expiration of the option period or
other termination of the option.
15. GRANT DEED.
Upon exercise of the option and approval by the Board of Supervisors,the property shall be conveyed
by Grant Deed to:
(show name)
(show how title to be vested)
16. NOTICES.
All notices and services pertaining to matters arising in connection with this transaction may be made
upon Optionee in person or by registered mail addressed to Optionee at:
(address)
(telephone)
4
CONTRA COSTA COUNTY OPTIONEE /
By:
Chair, B and of Supervis s
,
ATTEST: Phil Batchelor,County
Administrator and Clerk of the -
Board of Supervisors
By: <.
Depu
SA3emp.tl l
December 15,1994
I