HomeMy WebLinkAboutMINUTES - 11051996 - C3 0 . 3
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 5, 1996, by at least a four-fifths vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
RESOLUTION NO. 96/ 501
(Gov't Code & 25363)
SUBJECT: Resolution of Intention to Sell County Surplus Real Property
Single Family Residence, 5183 Valley View Road, EI Sobrante
Project No. 0662-61-14328
CP No. 96-58
EI Sobrante Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Board DETERMINES that the parcel of improved land located at 5183 Valley
View Road, EI Sobrante, acquired for highway purposes and 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 Auction Sale prepared by the County Real
Property Division.
The Notice of Public Auction Sale is APPROVED and the Real Property Division
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 Wednesday, December 18, 1996, at 2:00 p.m., in Conference Room
A, at 255 Glacier Drive, Martinez, as the time and place where oral bids will be received
and considered.
The Board hereby FINDS that the project will not have a significant effect on the
environment, and DETERMINES that the project is exempt from the requirements of the
California Environmental Quality Act as a Class 12 Categorical Exemption under County
Guidelines and Section 15312 of the State CEQA Guidelines, and DIRECTS the Public
Works Director to arrange for a payment of the $25.00 handling fee to the County Clerk
for filing of the Notice of Exemption. This activity has been found to conform to the
General Plan.
PS:gPP I hereby arft Mat this is a true and correct coplr of
\real pro \tem \br522.t10 Un saw taken and entered on the minutes f!w
g P P P eosrd of supervisors on the c:�t:)shown.
Orig. Dept.: Public Works(RP) ATMST o: November 5, 1996
Contact: Pat SCmyers(313-2222) PHIL BATCHELOR,Clark st the board
cc: P/W Accounting of supervisors and County Administrator
County Administrator
Assessor b °iQ1b
Auditor-Controller
RESOLUTION NO. 96/501
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 house and residential lot hereinafter described:
Assessor's Parcel No. 433-190-024, located at 5183 Valley View Road, EI Sobrante, CA.
The auction will be held on December 18, 1996 at 2:00 p.m., in Conference Room A, at
255 Glacier Drive, Martinez; minimum bid $85,000
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 calling 313-2222.
The County reserves the right to reject any and all bids received.
The parcel will be sold as is and without warranty as to possible uses and the purchaser
assumes all risks and responsibility.
By Order of the Board of
Supervisors of Contra Costa County
November 5, 1996
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
By�J"
Dep Clerk
PS:gpp
g:\re a l p ro p\temp\b r 522.t 10
RESOLUTION NO. 96/ 501
OPTION TO PURCHASE AGREEMENT
1. GRANT OF OPTION.
In consideration of the sum.of FIVE THOUSAND DOLLARS ($5,000.00), receipt of which is hereby
acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California ("County"),
does hereby grant to ("Optionee")
the exclusive right and option to purchase, on the following terms and conditions,;the real property
described as 5183 Valley View Road, EI Sobrante, California and further identified as A.P.N. 433-190-
024.
2. COMMENCEMENT AND TERMINATION DATES.
The option granted under this agreement shall be exercisable for a period of forty-five (45) days
beginning on the first day following the approval of this option by the Board of Supervisors.
3. EXTENSION OF OPTION PERIOD.
There may be circumstances beyond the control of the Optionee which prevent completion of the terms
and conditions within the option period. Under these circumstances, the County may, at County's sole
discretion, provide for an extension of the option period under such terms and conditions as the County
deems reasonable, if it is deemed in the best interest of the County. No such extension shall be
effective unless it is in writing, signed by both parties. It is understood that Optionee acquires no right,
title, interest or equity in or to said property until a deed is recorded.
4. PURCHASE PRICE.
This Agreement gives Optionee the right to purchase the subject property for the sum of
DOLLARS ($_ ) 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 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 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.
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.
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15. GRANT DEED.
Upon exercise of the option and approval bvthe Board uf Supervisors, the property shall be conveyed
by Grant Deed to:
(show name)
(show how ""~ ~ = vested)
16.
All notices and services pertaining hJmatters arising in connection with this transaction may be made
uponOoUonme inperson orbvregistered mail addressed to [>oUoneeat:
CONTRA COSTA COUNTY C}PT|ONEE
By: By:
Chair, Board of Supervisors
ATTEST: Phil Batchelor, County
Administrator and Clerk ofthe
Board ofSupervisors
By:
Deputy '
'
PS:gpp
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CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone:(510) 313-2296 Contact Person:Vickie Germany - Public Works Dept.
Project Description, Common Name (if any) and Location: CASTLE ROCK ROAD AND VALLEY
VIEW ROAD - SALE OF SURPLUS PROPERTY County File #CP 96-68: The project consists of
the sale of two surplus property deemed unnecessary for present or prospective public use or future
road purposes. Project location: Castle Rock Road is located in the central County area of Walnut
Creek and Valley View Road is located in the west County area of El Sobrante.
This project is exempt from CEQA as a:
Ministerial Project(Sec. 15268) — Other Statutory Exemption,Section
Declared Emergency(Sec. 15269(a)) — General Rule of Applicability(Section 15061(b)(3))
Emergency Project(Sec. 15269(b) or(c))
-7 Categorical Exemption,Class 12 Section 15312
for the following reason(s): The project will not have a significant effect on the environment. The project
consists of the sale of two parcels of surplus road right of way. The parcels are not in area of
statewide, regional, or areawide concern as identified in Section 15206(b) of the CEQA Guidelines.
The use of the properties and adjacent properties have not changed since the time of purchase by
the County, and no new parcels will be created as a result of the sales. The Transportation
Engineering Division of Public Works has determined the surplus rights of way are not needed for
further road purposes, with the exception of an 80-foot right of way strip at Valley View Road and a
60-foot frontage right of way strip at Castle Rock Road that will be retained by the County.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by California Public
Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez,CA 94553
Attn: Janet Frattini County Clerk Fee$25 Due
Community Contra ( Harvey E. Bragdon
Development Director of Community Development
Department COSta
County Administration Building COUnty
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095 ! '
Phone: tAugust 14, 1996
335-1277 of »:.:;k,,a
cosr'9 COUN'� ��
County File #CP 96-58
Attention: Public Works Department
Janet Frattini - Design Division
Dear Applicant:
The Contra Costa County Community Development Department has completed an initial study of the
environmental significance of the project represented by your pending application bearing County File
Number CP A6-58 1 .astJa Rock Roa_d_and Valla. View Road - Salp of Surplus Prnner�tvl, In conformance
with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970
(CEQA), it has-been determined that your project will not have a significant effect on the environment.
Your project falls within the following category:
(✓) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED.
(✓) The project is categorically exempt (Class 12 ),
( ) The CEQA requirements are accommodated by the EIR previously prepared for
( ► A statement that an EIR is not required (Negative Declaration of Environmental
Significance has been filed by the Community Development Department [unless
appealed]).
( ) Other: General Rule of Applicability (Section 15061(b)(3))
( ) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED.
( ) The complexity of your project requires your submission of additional special reports or
information (as outlined on the attached sheet) (which will be outlined in a forthcoming
letter).
1 ) A consultant will be hired to prepare the environmental impact report. This procedure is
explained on the attached sheet.
Preparation of the EIR cannot be started until the fee and additional information
requested is received by the Community Development Department.
If you have questions concerning this determination or desire additional information relative to
environmental impact report regulations, please call (510) 335-1213 and ask for Debbie Chamberlain.
Sincerely yours
Harvey E. Bragdon
pec of Community Development
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i_ BOOK 433 PAGE 19�-�i
-�,�V LLEY -_ � VIEW ROAD CONTRA COSTA COUNTY, CALIF.
' AREA OUTLINED IN HEAVY
BLACK LINE IS PARCEL
KNOWN AS APN 433-190-024
5183 Valley View Road
NOT TO SCALE
NOTICE OF
PUBLIC AUCTION SALE
GaSTq
Option to Purchase
-4 Auction Sale of Improved
Residential Property
t/fOR��P
SURPLUS DATE: December 18, 1996
TIME: 2:00 p.m.
LAND PLACE: Conference Room
"A", 255 Glacier Dr.
Martinez, CA 94553
PROPERTY LOCATION: 5183 Valley View Road, Ell Sobrante
PROPERTY DESCRIPTION: Single-story,wood frame residence with 3 bedrooms, 2 baths,
kitchen, living room, and utility room. One car garage. The
house is being sold "as is." A copy of the termite inspection
report is available for review at the open houses and at the
Public Works Department.
House: 1,400 sq. ft. f
Garage: 432 sq. ft.
Lot: Approximately 0.29 acre
PROPERTY INFORMATION: Assessor's Parcel: 433-190-024
Zoning: R-7 Single Family Residential
Utilities: All utilities are in and available
Property Taxes: Not currently taxed -will return to tax roll upon
sale.
The house may be inspected from 10:30 a.m. to 2 p.m. on the following dates:
Wednesday, November 13, 1996; Saturday,November 16, 1996;Thursday, November
21, 1996, Thursday, December 5, 1996 and Saturday, December 7, 1996.
MINIMUM BID: $85,000.00
OPTION DEPOSIT AMOUNT: $5,000.00 in 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 Supervisor
CONTRA COSTA COUNTY, PUBLIC WORKS DEPARTMENT,
REAL PROPERTY DIVISION
255 GLACIER DRIVE, MARTINEZ, CA 94553
For additional information, call Pat Smyers, Associate Real Property Agent at (510)313-2222
(Monday - Thursday, between 8 a.m. to 5 p.m.)
Valley View Roar!
Sale of Surplus Property
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BOOK 433 PAGE 19i�'-6
�...._ YAL LEY - _ VIEW —ROAb7 CONTRA COSTA COUNTY, CALtF.
k AREA OUTLINED IN HEAVY
BLACK LINE IS PARCEL
KNOWN AS APN 433-190-024
5183 Valley View Road
NOT TO SCALE
ORAL BIDDING
In order to participate in the bidding procedure a 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 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 THE MINIMUM
NON-REFUNDABLE $5,000.00 BID DEPOSIT.
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 risk associated with the property, now or in the future. A copy of the pest report is
available for review at the Public Works Department.