HomeMy WebLinkAboutMINUTES - 02271996 - C8 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 27, 1996, by the following vote:
AYES: SUPERVISORS ROGERS, BISHOP, DESAULNIER, TORLAKSON, SMITH
NOES: NONE
ABSENT: NONE
RESOLUTION NO. 96/81
(GOV. CODE § 25363)
SUBJECT: Sale of.Surplus Real Property
Single Family Residence, 25 North Lane
Project No. 0662-6U4322 a
Orinda Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Board by Resolution No. 95/621 dated December 19, 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 February 7, 1996 at 255 Glacier
Drive, Martinet,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 $175,000 by Andrew D. and Suki Dewey
White at which time the.amount of $10,000 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 sign the
Option to Purchase Agreement with Mr. & Mrs. White and execute a deed to Mr. and Mrs.
White 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.
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I hereby ceRify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Orig.Dept.: Public Works(R/P) Board of Supervisors UARY d1l'T
h 1P6
ATTESTED: /
Contact: Pat Smyers(313-2222) PHIL BATCHELOR,Clerk of the Board
cc: County Administrator of Supervisors and County Administrator
Auditor-Controller '
Assessor By :Deputy
Public Works Accounting
RESOLUTION NO. 96/ 81
Recorded at the request of:
Andrew White
Return to:
Andrew D.White
P.O. Box 183
Orinda, Ca. 94563
Assessor's Parcel No. 264-130-009 Title Co. Order No.
GRANTDEED
For valuable consideration, receipt of which is hereby acknowledged,CONTRA COSTA
COUNTY, a political subdivision of the State of California,
Grants to ANDREW D. WHITE and SUKI DEWEY WHITE,
the following described real property in the City of Orinda, County of Contra Costa, State of
California,
FOR DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF,
CONT CO CO NTY
Dated FEBRUARY 27, 1996 By
--Ca' , d of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On FEBRUARY 27, 1996before me,
Phil Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County, personally
appeared JEFF SMITH
who is personally known to me (or proved to me on the
basis of satisfactory evidence)to be the person(s)whose
name(s) istare subscribed to the within instrument and
acknowledged to me that hatshetthey executed the same in
his/herttheir authorized capacity(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.
By:
Wputy Clerk
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February 13,1996
EXHIBIT "A"
The land referred to in this Report is situated in the County of Contra Costa, City of Orinda,
State of California,and is described as follows:
PARCEL ONE:
Portion of Lot 2, as shown on the "Map Showing Boundaries and Subdivision of
Orinda Park Tract and Oak View Ranch", filed May 8, 1882, in Book F of Maps,
Page 143, in the office of the County Recorder of Contra Costa County, described
as follows:
Beginning on the Northwest line of the parcel of land described in the deed from
Hanna Teiche to Contra Costa County, dated February 1, 1952 and recorded
February 5, 1952, in Book 1888 of Official Records, Page 4, distant thereof
North 410 50' 50" East 12 feet from the most Easterly corner of Lot 7, as shown
on the map of "Boie & Soule Tract, Contra Costa County, California", filed
December 6, 1951, in Book 45 of Maps, Page 32, in the office of the County
Recorder of Contra Costa County, thence from said point of beginning North 410
50' 50" East along said Northwest line, 64.90 feet to the Southwest line of
County highway known as Camino Pablo, formerly San Pablo Highway; thence along
said Southwest line North 290 49' 10" West 58 feet and Northwesterly along the
arc of a curve to the left with a _radius of 261.5 feet tangent to the last
course an arc distance of 13.18 feet; thence South 830 52' 31" West, 74.08 feet;
thence South 70 01' 48" West, 39 feet; thence South 480 09' 10" East, 95 feet to
the point of beginning.
PARCEL TWO:
The right of way granted in the deed from Boies & Soule to Warner R. Odenthal,
et ux, dated September 23, 1952, and recorded October 16, 1952, in Book 2008 of
Official Records, Page 428, as follows:
"A right of way not to be exclusive as an appurtenance to said Parcel 1 above
described, for use as a roadway for vehicles of all kinds, pedestrians and
animals, for water, gas, oil and sewer pipe lines and for telephone, electric
light and power lines, together with the necessary poles or conduits to carry
said lines over a parcel of land 12 feet wide, described as follows:
Portion of Lot 2, as shown on the "Map showing Boundaries and Subdivision of
Orinda Park Tract and Oak View Ranch, "being a portion of the Ward and Smith
League of the Ranch E1 Sobrante, in Contra Costa County" filed May 8, 1882, in
Book F of Maps, Page 143, in the office of the County Recorder of Contra Costa
County, described as follows:
Beginning at the most Easterly corner of Lot 7 of the map of 'Boles and Soule
Tract' , filed December 6, 1951, in Book 45 of Maps, Page 32, in the office of
the County Recorder of Contra Costa County; thence North 410 50' 50" East, 12
feet along the Northwesterly line of North Lane; thence North 480 09' 10" West,
PAGE 1 OF 2
parallel with the Northeast line of said Lot 7; a distance of 95 feet to a point
which bears North 41° 50' 50" East, 12 feet from the most Northerly corner of
said Lot 7; South 41° 50' 50" West, 12 feet to the most Northerly corner of said
Lot 7; thence Southeasterly along the Northeasterly line of said Lot 7 to the
point of beginning.
(Being APN 264-130-009)
PAGE 2 OF 2
OPTION TO PURCHASE AGREEMENT
1. GRANT OF OPTION.
In consideration of the sum of TEN THOUSAND DOLLARS ($10,000.00), receipt of which is hereby
acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California ("County"),
does hereby grant to Andre:✓ �/, f S'u ��. Aejfq 4-71,� ("Optionee")
the exclusive right and option to purchase, on the following terms and conditions, the real property
described as 25 North Lane, Orinda, and further identified as A.P.N. 264-130-009.
2. COMMENCEMENT AND TERMINATION DATES.
The option granted under this agreement shall be exercisable for a period of forty-five (45) days
beginning on the first day following the approval of this option by the Board of Supervisors.
3. EXTENSION OF OPTION PERIOD.
There may be circumstances beyond the control of the Optionee which prevent completion of the terms
and conditions within the option period. Under these circumstances, the County may, at County's sole
discretion, provide for an extension of the option period under such terms and conditions as the County
deems reasonable, if it is deemed in the best interest of the County. No such extension shall be
effective unless it is in writing, signed by both parties. It is understood that.Optionee acquires no right,
title, interest or equity in or to said property until a deed is recorded.
4. PURCHASE PRICE.
This re Mxercis�ebyypRheptionee,
a the right to purchase the subject property for the sum of(I/i7e � ,
✓ DOLLARS ($ in cash. In the event the option granted
hereunder is the consid ration of TEN THOUSAND DOLLARS ($10,000.00)
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 the Optionee 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 TEN THOUSAND DOLLARS ($10,000.00) 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.
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 Pest Control Inspection report. Optionee hereby releases County, its
agents and employees and any other person involved in any way with the Pest Control Inspection
report, 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:
b.
(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
u on Optionee in person or by registered mail addressed to Optionee at:
(address)
(telephone)
CONTRA COS CO N Y OPTIONEE
By: B :
Y Y _
Chai , of Supervisors
ATTEST: P it atchelor, County
Administrat r and Clerk of the
Board of Supervisors
By: , ,,�P�d4 114 A /D 9" 7
Deput
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December 5, 1995