Loading...
HomeMy WebLinkAboutMINUTES - 01241995 - 1.06 THE BOARD OF SUPERVISORS I CONTRA COSTA COUNTY, CALIFORNIA l Adopted this Resolution on January 24, 1995, by at least a four-fifths vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None RESOLUTION NO. 95/ 26 (Gov't Code § 25363) SUBJECT: Resolution of Intention to Sell County Surplus Real Property Single-Family Residence, 4509 Empire Avenue CDD - CP# 94-60 Project No. 0662-6R4236 Oakley Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of land, acquired for highway purposes, described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPROVED and the Clerk of this Board is DIRECTED to publish the attached Notice of Intention to Sell Real Property for five days prior to said sale in a newspaper published in the County or post in three (3) public places in the County for that period; pursuant to Government Code Section 25363. The Board sets Tuesday, February 28, 1995, at 2:00 p.m., at 4509 Empire Avenue, Oakley, California, as the time and place where oral bids will be received and considered. The Board on November 8, 1994, did hereby FIND that the project would not have a significant effect on the environment and DETERMINED that the project is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County Guideline and Section 15312 of the State CEQA Guidelines. This activity has been found to conform to the General Plan of Contra Costa County. KAM:glo g:\realprop\temp\br5emp.t1 I hereby certify that this is a true andcorrectcopyot Janus 9 1995 an action taken and entered on the minutesof the January Board of Superpl���s pP t�e ti��hown. ATTESTED: c�/�I Orig. Dept.: Public Works(RP) PHIL BATCHELOR,Clerk of the Board Contact: Karen McNamer(313-2228) of Supervisors and unty Administrator cc: P/W Accounting County Administrator BY _Deputy Assessor Auditor-Controller RESOLUTION NO. 95/26 NOTICE OF INTENTION TO SELL REAL PROPERTY -� (Government Code § 25363) The County Real Property Division will sell at public auction to the highest responsible bidder, the residential lot and improvements hereinafter described: 4509 Empire Avenue, Oakley, California Assessor's Parcel No. 041-110-012. The auction will be held at 4509 Empire Avenue, Oakley, California, on Tuesday, February 28, 1995, at 2:00 p.m. Terms and Conditions of Sale are available at the office of County Real Property Division, 255 Glacier Drive, Martinez, California, 94553, or may be requested_ by phone to be mailed by calling 313-2228/ 313-2229. The County reserves the right to reject any and all bids received. The parcel will be sold as is and the purchaser assumes all risks and responsibility. The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks and responsibilities. By Order of the Board of Supervisors of Contra Costa County Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Dated: January 24, 1995 By tey"� ,;�,-a Deputy Clerk KAM:glo g:\realprop\temp\br5emp.tl January 9, 1995 RESOLUTION NO. 95/26 NOTICE OF PUBLIC LAND SALE P Los Tq c Option to Purchase G Auction Sale of Improved p ? Residential Property t � # C�1/F0RN�a DATE: February 28, 1995 SURPLUS TIME: 2:00 p.m. LAND PLACE: 4509 Empire Ave., Oakley PROPERTY LOCATION: 4509 Empire Avenue, Oakley PROPERTY DESCRIPTION: Single-story, two bedroom/one bath, ranch-style, single family resi- dence with kitchen-dining area, living room, family room, detached two car garage and utility room. The house is being sold "as is." A pest inspection report has been prepared and some updating of the plumbing completed. Information on both is available at the open house and at the Public Works Department. House: 1,443 sq. ft. ± Garage: 528 sq. ft. ± Lot: Approximately 8,010 sq. ft. t PROPERTY INFORMATION:Assessor's Parcel: 041-110-012 Zoning: A-2; General Agriculture Utilities: All utilities are in and available Property Taxes: Not currently taxed.-will return to tax roll upon sale. The house may be inspected on the following dates and times: Friday, Feb. 24, 1995, 12 P.M. to 3 P.M. Saturday, Feb. 25, 1995,12 P.M. to 3 P.M. MINIMUM BID: $85,000.00 OPTION DEPOSIT AMOUNT $5,000.00in the form of a CERTIFIED CHECK, CASHIER'S CHECK OR MONEY ORDER (NO PERSONAL CHECKS) OPTION PERIOD: 45 days after acceptance of the bid by the Board of Supervisors CONTRA COSTA COUNTY, PUBLIC WORKS DEPARTMENT, REAL PROPERTY DIVISION 2 5 5 GLACIER DRIVE, MARTINEZ, CA 94 5 5 3 For additional information, call Karen McNamer at (510)313-2228 ORAL BIDDING In order to participate in the bidding procedure a CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER, in the amount of$5,000 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the $85,000.00 set bid and continue thereafter until the highest oral bid is finally accepted. At the close of bidding, the highest bidder will be required to execute an "Option to Purchase Agreement" and deposit in CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER. BID ACCEPTANCE Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors by Resolution authorizing and directing the execution of the deed. BID REJECTIONS The County reserves the right to reject any and all offers and waive any informality or irregularity in any offer or to accept any offer deemed in the best interest of the County, or to withdraw the property from the sale. BIDDER DEFAULT In the event that the high bidder fails to exercise his or her Option within the Option period or defaults in completion of the sale, the County may, at its discretion, offer the Option to the second highest bidder. If the second highest bidder accepts the offer, the deposit requirement and terms of Option to Purchase shall be the same as stated in this notice of sale, except that the Option period shall commence upon acceptance by the Board of Supervisors. CLOSING TRANSACTION Successful bidder will have the Option period of 45 days after bid acceptance to complete the transaction under the TERMS OF OPTION TO PURCHASE, attached hereto. In the event any term or condition in the agreement conflicts with or violates any statutory requirements in the sale of public property, then only that, part or portion of this agreement so conflicting shall be amended to conform with any applicable legal requirements at the time. All County employees may bid to acquire surplus County property, except employees who have direct access to information not generally available to the public or who influence the purchase or sale of right of way or other real property. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED. NOTICE The County is selling the property "where is, as is," and it is the responsibility of the prospective bidder to satisfy himself/herself as to any risks associated with the property, now or in the future. Copies of pest.report are available for review at the Public Works Department. KM:Io c:SA8emp.tl l November 7,1994 OPTION TO PURCHASE AGREEMENT 1. GRANT OF OPTION. In consideration of the sum of FIVE THOUSAND DOLLARS ($5,000.00), receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California ("County'),does hereby grant to ("Optionee")the exclusive right and option to purchase, on the following terms and conditions, the real property described in Exhibit"A"attached hereto and made a part hereof,and further identified as A.P.N. 041-110-012. 2. COMMENCEMENT AND TERMINATION DATES. The option granted under this agreement shall be exercisable for a period of forty-five (45) days beginning on the first day following the approval of this option by the Board of Supervisors. 3. EXTENSION OF OPTION PERIOD. There may be circumstances beyond the control of the Optionee which prevent completion of the terms and conditions within the option period. Under these circumstances,the County may, at County's sole discretion, provide for an extension of the option period under such terms and conditions as the County deems reasonable,if it is deemed in the best interest of the County. No such extension shall be effective unless it is in writing,signed by both parties. It is understood that Optionee acquires no right,title, interest or equity in or to said property until a deed is recorded. 4. PURCHASE PRICE. This Agreement gives Optionee the right to purchase the subject property for the sum of DOLLARS ($ ) in cash. In the event the option granted hereunder is exercised 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. l r 9. INFORMALITIES: CANCELLATION OF SALE. 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) CONTRA COSTA COUNTY OPTIONEE By: By: Chair, Board of Supervisors ATTEST: Phil Batchelor,County Administrator and Clerk of the Board of Supervisors By: Deputy SA3emp.tl l November 28, 1994 y NOTICE NOTICE NOTICE The County is updating its surplus property mailing list. If you wish to remain on the list, please fill out the information below and return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553-4897 Name: Address: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553-4897 (First Class Mail