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HomeMy WebLinkAboutMINUTES - 12021997 - C6 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 2, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None RESOLUTION NO. 97/ 640 (GOV. CODE § 25363) SUBJECT: Sale of Surplus Real Property Vacant Commercial Lot on Tice Valley Boulevard Project No. 0662-6R4325 Walnut Creek Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board by Resolution No. 97/478 dated September 9, 1997, 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 11:00 a.m. on November 13, 1997, at 255 Glacier Drive, Martinez, California, 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 $215,000 by Don V. Stull at which time the .amount of $20,000 was deposited as an option-bid deposit to secure completion of the transaction. The Board APPROVES the Option to Purchase Agreement with Don V. Stull and the Board Chair is AUTHORIZED to execute said Agreement. The Public Works Director is AUTHORIZED to execute any necessary extensions provided for in said Agreement. Said bid is hereby ACCEPTED and the Board Chair is AUTHORIZED to execute a grant deed, and cause said deed to be delivered upon performance and compliance by the purchaser of all terms and conditions set forth in the Agreement. RB:gPP t fl8reby t�AHfr that Qtle!9 a true and correctt0py of g:\realprop\97-12\br79-12.wpd ran action taken and entered on the minutes of Orig. Dept.: Public Works (R/P) board of Supervisors on the date shown. Contact: Ronald Babst 510 313-2226 wsrEs ° — PHILL BA BAT "'fir 2'_1997 CHELOR,C:erlc of to twaN cc: County Administrator of supervisorsanuCounty Administrator Auditor-Controller , Assessor Public Works Accounting RESOLUTION NO. 97/640 ' Recorded at the request of: Return to: Assessor's Parcel No. 184-311-020 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to 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 December 2, 1997 By Chair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On December 2, 1997 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared Supervisor Mark DeSaulnier 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 acknowledged to me that he/she/they executed the same in his/her/their 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: Deputy erk RB:gpp g:l reel prop 197-111 DE3010.wpd November 17,1997 Olympic Blvd. Excess Property Drawing B 3441-97 Portion of A.P.N. 184-311-020 EXHIBIT "A" Real property in an unincorporated area of Contra Costa County, California, being a portion of Lots thirty-seven (37) and thirty-eight (38) as shown on that Map titled "Dewing Park,"filed July 24, 1913 in Book 10 of Maps at page 242, being a portion of that parcel of land conveyed by grant deed, from Shell Oil Company, a Delaware Corporation, to Contra Costa County, a political subdivision of the State of California, recorded March 13, 1996 as series no. 96-45483, records of said County, described as follows: Beginning at the most easterly corner of lot thirty-eight (38) as shown on said map (10 M 242); thence from said Point of Beginning southwesterly along the southeasterly line of said lot 38, south 59°39'22" west 134.22 feet; thence leaving said line north 6030'54" east 55.76 feet; thence north 3'18'38" west 143.15 feet; thence north 16019'44" east 26.00 feet; thence north 59039'22" east 1.79 feet; thence south 30020'38" east 86.63 feet thence north 59039'22" east 15.00 feet; thence southeasterly along the northeasterly lines of said lot 37 and 38 (10 M 242) south 30°20'38" east 103.33 feet to the point of beginning. Containing an area of 13,111 square feet (0.301 acres) of land, more or less. Bearings and distances used in the above descriptions are based on the California Coordinate System Zone III (C.C.S. 27). To obtain ground distance, multiply given distances by 1.0000685. EXCEPTING AND RESERVING THEREFROM any and all abutter rights of access in and to Tice Valley Boulevard over and across the western property line of the herein described parcel, except 40.00 feet within the southern 65.00 feet of said western line. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surve . Signature: censed Land Surveyor Contra Costa County Public Works Date: !�2 :z KT:jlg g AdericaRexhibits0ewing.ex June 30, 1997 1 OPTION TO PURCHASE AGREEMENT 1. GRANT OF OPTION. In consideration of the sum of � H ($oZ0 04 d ), receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California ("County"), does hereby grant to DO IV ✓. 5-ra kl.- ("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. 184-311-020. 2., COMMENCEMENT AND TERMINATION DATES. The option granted under this agreement shall be exercisable for a period of sixty (60) 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 greement ives Opti nee the right to purchase the subject property for the sum of _DOLLARS ($�J3�DdQ) in cash. In the event the option gran a hereunder is exercised by the Optionee, the consideration of Twenty Thousand Dollars ($20,000) 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 shall be exercisable 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 Twenty Thousand Dollars ($20,000) paid by Optionee to County for this Option shall be forfeited to and become the property of County. T. 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. 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: COQ (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: JD2AI v CjT�� S. 7/y C117 (address) ,�& Jor (telephone) CONTRA COSTA COUNTY OPTI NEE By: 1 By: Chair, Board of Supervisors D©N V. 57-4Q A.. L ATTEST: Phil Batchelor, County Administrator and Clerk of the Board of Supervisors By: S2�94A RA Deputy RB:gpp g:\rea1prop\97-7\SA3020.wpd Olympic Blvd. Excess Property Drawing B 3441-97 Portion of A.P.N. 184-311-020 EXHIBIT "A" Real property in an unincorporated area of Contra Costa County, California, being a portion of Lots thirty-seven (37) and thirty-eight (38) as shown on that Map titled "Dewing Park,"filed July 24, 1913 in Book 10 of Maps at page 242, being a portion of that parcel of land conveyed by grant deed, from Shell Oil Company, a Delaware Corporation, to Contra Costa County, a political subdivision of the State of California, recorded March 13, 1996 as series no. 96-45483, records of said County, described as follows: Beginning at the most easterly corner of lot thirty-eight (38) as shown on said map (10 M 242); thence from said Point of Beginning southwesterly along the southeasterly line of said lot 38, south 59°39'22" west 134.22 feet; thence leaving said line north 6030'54" east 55.76 feet; thence north 3018'38" west 143.15 feet; thence north 16°19'44" east 26.00 feet; thence north 59039'22" east 1.79 feet; thence south 30020'38" east 86.63 feet thence north 5903922" east 15.00 feet; thence southeasterly along the northeasterly lines of said lot 37 and 38 (10 M 242) south 30°20'38" east 103.33 feet to the point of beginning. Containing an area of 13,111 square feet (0.301 acres) of land, more or less. Bearings and distances used in the above descriptions are based on the California Coordinate System Zone III (C.C.S. 27). To obtain ground distance, multiply given distances by 1.0000685. EXCEPTING AND RESERVING THEREFROM any and all abutter rights of access in and to Tice Valley Boulevard over and across the western property line of the herein described parcel, except 40.00 feet within the southern 65.00 feet of said western line. This real property description has been prepared by me or under my direction, in conformance with the ProfesZcensed MLand Signature: yor Contra Costa County Public Works Date: /— !2 :z KT:jlg g:\cleri caRex hibits\Dewing.ex June 30, 1997