HomeMy WebLinkAboutMINUTES - 09091997 - C18 THE BOARD OF SUPERVISORS, AS THE
GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 9, 1997, by the following vote:
AYES: Sueprvisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None RESOLUTION NO. 97/ 470
(GOV. CODE § 25363)
SUBJECT: Sale of Surplus Flood Control District Property
Vacant Lot located on Briarwood Way
Project No. 7520-668334
Walnut Creek Area
The Board of Supervisors, as the Governing Body of Contra Costa County
Flood Control and Water Conservation District RESOLVES THAT:
The Board by Resolution No. 97/367 dated July 8, 1997, determined that the District .
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 10:00 a.m. on Tuesday, August 19, 1997, at 255
Glacier Drize, 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 $430,000 by DeNova Homes at which time
the amount of$30,000 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 execute
a deed to DeNova Homes and the Option to Purchase Agreement with DeNova Homes
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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Contact: Karen A. Laws(510)313-2228 0 997.
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RESOLUTION NO. 97/470
Recorded at the request of.
Contra Costa County Flood
Control&Water Conservation
District
Return to:
DeNova Homes
1100 Pleasant Valley Drive,Ste A
Pleasant Hill,CA 94523
Attn: Brad Durga
Assessor's Parcel No. 144-110-XXX
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, a political subdivision of the State of California,
Grants to DENOVA HOMES, a California corporation, 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
FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
Dated September 9, 1997 By
Chair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On September 9, 1997 before me,
Phil Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County, personally
appeared Chair, 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) istare subscribed to the within instrument and
acknowledged to me that he/shefthey 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:
eputy Clerk
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August 21, 1997
Portion Rancho San Miguel
Excess Property
Drawing ED-340
EXHIBIT`°A"
Real property in an unincorporated area of the County of Contra Costa, State of California, Being
a portion of the Rancho San Miguel, also being a portion of the property Deeded to the Contra Costa
County Flood Control and Water Conservation District in a Grant Deed recorded August 30, 1966,
in Book 5194 of Official Records at page 401, also being Parcel 22.2 as shown on the Contra Costa.
County Flood Control and Water Conservation District map "Walnut Creek Contract 4 Reach 6
Excess Lands Parcels 22.1 & 22.2" drawing number ED-340 described as follows:
Commencing at the most northeasterly street monument on Briarwood Way as shown on the map of
Subdivision 2802 recorded October 13, 1961 in Book 84 of Maps at page 35; thence north 48°54'35"
east 88.76 feet to the Point of Beginning being a pont on the northeasterly line of said Subdivision
2802, also being a point on the southwesterly line of the property Deeded to the Contra Costa County
Flood Control and Water Conservation District(5194 O.R 401);thence from said Point of Beginning
north 63 054125"west 123.82 feet; thence north 14°05'35" east 44.88 feet to a point on the southeast
right of way line of the Bay Area Rapid Transit District right of way as recorded December 15, 1964
in Book 4763 of Official Records at Page 377; thence along said right of way line north 57°54'30"
east 358.50 feet to a point on the westerly right of way line of the Walnut Creek Flood Control
Channel;thence along said right of way he south 31'57'50" east 11.15 feet; thence southerly 397.56
feet along the arc of a tangent curve, concave to the west, having a radius of 47 1.00 feet, through a
central angle of 48°21'45"; thence south 16°23'55" west 122.04 feet; thence leaving said Channel
right of way north 76°26'19" west 2.43 feet; thence north 6'24'25" west 8.45 feet; thence north
36°24'25" west 198.00 feet;thence north 63°54'25" west 118.40 feet; to the Point of Beginning.
Containing an area of 98,034 square feet (2.251 acres) of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27). Distances given are grid
distances. To obtain ground distance, multiply distance given by 1.0000657.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
0 tAN D j
Signature: � ZYd����F�o�
Licensed Land Surveyor
Contra Costa County Public Works Exp.-
fk 5999
Date: 2 :zQFCAU11W
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Parcel Number: 144-110-XXX Optionee:Dc 0000 } 0AE-S
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Project Name: Sale of Surplus-Briarwood Way, P.H. Address: 11 )&OJ444 Vitt fyi,
Project Number: 7520-668334 9A e•
OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
AND THE OPTIONEE NAMED HEREIN
1. Recitals.
a. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION
DISTRICT, a political subdivision of the State of California ("District") is the owner
of the certain real property described in Exhibit"A" attached hereto and made a part
hereof, and further identified in assessor's Book 144, Page 11, a vacant parcel of
land approximately 2.25±acres, located at the east end of Briarwood Way, Walnut
Creek, hereinafter referred to as the "Property."
b. District proposes to sell the Property.
c. c N)c VA o M JL , ("Optionee') desires to acquire the exclusive
right to purchase the Property at an agreed price and under the specific terms and
conditions below.
2. Effective Date.
The effective date of this Option shall be the date that this Option is approved by
the Contra Costa County Board of Supervisors, as governing body of the District.
3. Grant of Option.
District grants to Optionee the exclusive option to purchase the Property on the
terms and conditions in this Option Agreement.
4. Term of Option.
The term of this option shall commence on the Effective Date and shall expire or
terminate on the earliest of the following dates:
a. First Option Period. Sixty days following the Effective Date, unless during
said sixty-day period District receives from Optionee written notice that Optionee
wishes.to extend the Option Period to the Second Option Period defined below.
During the First Option Period, it is Optionee's intent to conduct investigations of
the site to determine its suitability for Optionee's intended development.
b. Second Option Period. One year following the Effective Date.
1
c. Extension of Option Period. District, in its sole discretion, shall have the
right, but not the obligation, to extend the term of either the First Option Period
or the Second Option Period, under such terms and conditions as District
believes is reasonable, if District, in its sole discretion, believes such extension
is warranted. No such extension shall be effective unless and until it is in
writing signed by both parties.
d. Breach. Immediately upon a breach or default by Optionee under this Option
Agreement.
e. Purchase. The date that the Optionee acquires the entirety of the Property.
5. Consideration for Option.
a. Payment. As consideration for the Option granted under this Agreement,
Optionee agrees to pay District the sum of Thirty Thousand Dollars ($30,000)
upon the terms and conditions outlined herein, said amount to be credited to
the Purchase Price of the Property ("Option Consideration"). The Option
Consideration shall be paid by certified check, cashier's check or money order
at the time of the public auction. The Option Consideration shall be paid at the
Public Works Department, Real Property Division, 255 Glacier Drive, Martinez,
CA 94553, payable to the Contra Costa County Flood Control and Water
Conservation District.
b. Retention of Option Consideration. Except as provided in this Section
5.b.(1) and in Section 10 below, all Option Consideration paid to or on behalf
of District shall belong to District and be retained by District, whether or not
Optionee ultimately exercises its right to purchase the Property. District shall
have no obligation to account for the Option Consideration to Optionee.
(1) Limited Exception to Retention. Optionee intends to conduct
feasibility studies of the subject Property during the First Option
Period. If, during the First Option Period Optionee determines that
the results of said studies do not meet Optionee's development
requirements, the Optionee shall notify the District in writing of
Optionee's decision to terminate this Option right and this agreement
shall be no further force and effect. In such circumstance shall the
deposit amount of $30,000 be returned to the Optionee, without
interest and less any expenses incurred by the.District.
6. Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at District's Option the sale may
be consummated through an escrow at a title company to be selected by
mutual agreement("Title Company'). In such case, Optionee hereby authorizes
District to prepare and file escrow instructions with said Title Company on
behalf of Optionee in accordance with this Agreement. Escrow shall be
2
deemed to be closed and the Property shall be deemed to be conveyed on the
date the deed to Optionee is recorded ("Closing Date"). All escrow fees,
recording fees, documentary transfer taxes or other real estate transaction
taxes or fees, by whatever name known, including broker's commission, if any,
and personal property sales taxes where applicable, will be paid solely by
Optionee. If title insurance is desired by the Optionee, Optionee will be solely
responsible to pay the premium charged therefor.
b. Purchase Price. The purchase price ("Purchase Price") for the Property
during the Option Term is the sum of f; o(- Aygio m
rrJ o Dollars ($_q 30. o� o J. All Option Consideration paid
by Optionee shall be credited to the Purchase Price of the Property. The
Purchase Price shall be paid at the Public Works Department, Real Property
Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa
County Flood Control and Water Conservation District.
c. Title; Grant Deed. The right, title and interest in the Property to be conveyed
by District pursuant to this Agreement shall not exceed that vested in the
District. If the Optionee exercises its option, the Property shall be conveyed to
Optionee subject to all title exceptions, restrictions, easements, liens and
reservations, whether or not of record. The sale under this Option is subject
to the approval of the Contra Costa County Board of Supervisors. The
Optionee may not take possession of the Property until a deed from the Contra
Costa County Flood Control and Water. Conservation District has been
recorded. If the Optionee exercises its Option, upon approval by the Board of
Supervisors, the District shall convey title to the Property to the Optionee by
Grant Deed. It is understood that Optionee acquires no right, title, interest or
equity in or to said property until a grant deed to Optionee is recorded.
7. Exercise.
From and after the Effective Date, this Option may be exercised by Optionee's
delivering to District before the expiration of the applicable First or, if requested, the
Second Option Term, written notice of the exercise ("Exercise Notice") and payment
of the Purchase Price to the District.
8. Condition of the Property.
Neither District, nor its agents or employees have made any warranty, guarantee
or representation concerning any matter or thing affecting or relating to the Property
nor does it assume any responsibility for the conformance to codes or permit
regulations of the city or District within which the Property is located.
Optionee warrants that Optionee is a sophisticated owner and developer of real
property, familiar and experienced with requirements for development of real
property. If Optionee exercises this Option, Optionee will accept the Property in an
3
"as is" condition. District has not made and does not make any representation as
to the physical condition of the Property.
Optionee has or will conduct an independent investigation with respect to zoning
and subdivision laws, ordinances, resolutions and regulations of all governmental
authorities having jurisdiction over the Property, and the use and improvement of
the Property. District has not made any representation regarding any of these
matters. Optionee understands and agrees that approval of a development on the
Property may include a condition requiring Optionee to provide a dedicated
easement for a pedestrian and bicycle element that would connect Pleasant Hill
BART Station to the Bancroft Road/David/Minert area.
Optionee hereby releases District, its agents, officers and employees, and any
other person involved in any way with the 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 understands agrees that if Optionee exercises this
Option, the following clause will be included in the deed to the buyer:
"It is mutually agreed and understood that this property may be
subject to soil instability and that the Grantee(s)for themselves and
their successors or assigns, hereby waive any and all claims for
damages from further earth movement or soil instability which may
occur because of prior actions by Contra Costa County, the Contra
Costa County Flood Control and Water Conservation District, their
respective officers, contractors, agents and employees, or any other
person or entity."
9. Right of Entry. During the term of this Option and prior to the Closing Date,
Optionee, its agents, contractors and employees, shall have the right to enter the
Property at all reasonable times for the purpose of performing reasonable tests,
engineering studies, surveys, soil and environmental tests and other tests, surveys,
studies, and investigations of the Property as Optionee determines necessary or
desirable. Optionee will defend, indemnify and hold District harmless from any
claim, loss or liability in connection with any entry by Optionee, its contractors,
agents and employees and Optionee will be solely responsible for all costs incurred
in connection with these activities or Optionee's investigation of the Property.
10. Informalities; Cancellation of Sale.
District reserves the right to waive any informality or irregularity on any offer or
cancel the sale at any time prior to recording of a deed. In the event of cancellation
of sale by District, through no fault, action or inaction of Optionee, all monies
deposited shall be refunded without payment of interest.
4
11. Notices.
All notices (including requests, demands, approvals or other communications)
under this Agreement shall be in writing.
a. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be
deemed delivered three (3) business days after deposit in the United
States Mail.
(2) When mailed by certified mail with return receipt requested, notice is
effective on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized
overnight courier, notice shall be deemed delivered one (1) business
day after deposit with that courier.
(4) When personally delivered to the recipient, notice shall be deemed
delivered on the date personally delivered.
b. The place for delivery of all notices given under this Agreement shall be as
follows:
District: Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (510) 313-2000
Fax: (510) 313-2333
Optionee: Ie 10OJ"D, �\-0 wt e--5
or to such other addresses as Optionee and District may respectively designate
by written notice to the other.
12. Assignment, Successors and Third-Party Rights.
This Option and all rights under this Agreement shall be freely assignable. This
agreement shall be binding on and inure to the benefit of the parties, and their
respective heirs, personal representatives, successors and assigns. Nothing in this
Agreement, express or implied, is intended to confer on any person, other than the
parties and their respective successors and assigns, any rights or remedies under
or by reason.of this Agreement.
5
13. Construction.
The section headings and captions of this Agreement are, and the arrangement of
this instrument is, for the sole convenience of the parties to this Agreement, The
section headings, captions and arrangement of this instrument do not in any way
affect, limit, amplify or modify the terms and provisions of this Agreement. This
Agreement shall not be construed as if it had been prepared by one of the parties,
but rather as if both parties have prepared it. The parties to this Agreement and
their counsel have read and reviewed this Agreement and agree that any rule of
construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply to the interpretation of this Agreement.
14. Further Assurances.
Whenever requested to do so by the other party, each party shall execute,
acknowledge and deliver all further conveyances, assignments, confirmations,
satisfactions, releases, powers of attorney, instruments of further assurance,
approvals, consents and all further instruments and documents as may be
necessary, expedient, or proper in order to complete all conveyances, transfers,
sales, and assignments under this Agreement, and do all other acts and to execute,
acknowledge, and deliver all documents as requested in order to carry out the
intent and purpose of this Agreement.
15. Governing Law.
This Agreement shall be governed and construed in accordance with California
Law. The venue for any legal action pertaining to this Agreement shall be Contra
Costa County, California.
16. Severability.
Should any 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
parties intended to enter into in the first instance.
17. Indemnification.
As partial consideration for this Agreement, Optionee shall defend, indemnify,
protect, save and hold harmless District, its officers, agents, and employees, 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, from
any cause whatsoever, including the sole or joint negligence of District, its agents,
officers or employees, arising directly or indirectly from or connected with the
6
repairs or any present or future condition of the Property or use of the Property
which is the subject of this Agreement, or any representations, misrepresentations
or non-representations regarding its condition or use, and will make good to and
reimburse District for any expenditures, including reasonable attorneys' fees that
District may make by reason of such matters and, if requested by District, will
defend any such suits at the Optionee's sole expense.
18. Survival.
All of the terms, provisions, representations, warranties and covenants of the
parties under this Agreement shall survive the close of escrow of the Property, shall
be fully enforceable after the Closing Date in accordance with their terms and shall
not merge in the deed or other documents following the delivery and recordation of
said deed or other documents.
19:1 Quitclaim Deed.
If this Agreement is terminated, Optionee agrees, if requested by District, to
execute, acknowledge, and deliver a quitclaim deed to District within ten (10) days
after termination and to execute, acknowledge, and deliver any other documents
required by any title company to remove the cloud of this Option from the Property.
20. Negation of Optionee or Partnership.
No provision of this Agreement shall be construed as making either party an agent
or partner of the other party.
21. Time of Essence.
Time is of the essence for the Option Agreement. If the Option is not exercised in
the manner provided in Section 7 before the expiration of the applicable Option
Term, Optionee shall have no interest in the Property and the Option may not be
revived by any subsequent payment or further action by Optionee.
22. Waivers.
No waiver of any breach of any covenant or provision in this Agreement shall be
deemed a waiver of any other covenant or provision in this Agreement, and no
waiver shall be valid unless in writing and executed by the waiving party.
23. Amendment.
This Agreement may not be amended or altered except by a written instrument
executed by District and Optionee.
7
24. Entire Agreement.
I his Agreement contains the entire agreement between the parties respecting the
matters set forth, and expressly supersedes all previous or contemporaneous
agreements, understandings, representations or statements between the parties
respecting this matter.
By Order of the Board of Supervisors,
as the Governing Body of Contra Costa OPTIONEE D-e NNA �\O*AES
County Flood Control & Water
Conservation District
By: By:
Chair, oard of Supervisors
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By: jA2#A4 A'.A
DepLo Clerk
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A - Legal Description
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August 19, 1997
8
Portion Rancho San Miguel
Excess Property
Drawing ED-340
EXHIBIT"A"
Real property in an unincorporated area of the County of Contra Costa, State of California, Being
a portion of the Rancho San Nfiguel,also being a portion of the property Deeded to the Contra Costa
County Flood Control and Water Conservation District in a Grant Deed recorded August 30, 1966,
in Book 5194 of Official Records at page 401, also being Parcel 22.2 as shown on the Contra Costa
County Flood Control and Water Conservation District map "Walnut Creek Contract 4 Reach 6
Excess Lands Parcels 22.1 & 22.2" drawing number ED-340 described as follows:
Commencing at the most northeasterly street monument on Briarwood Way as shown on the map of
Subdivision 2802 recorded October 13, 1961 in Book 84 of Maps at page 35; thence north 48°54'35"
east 88.76 feet to the Point of Beginning being a pont on the northeasterly line of said Subdivision
2802, also being a point on the southwesterly line of the property Deeded to the Contra Costa County
Flood Control and Water Conservation District(5194 O.R 401);thence from said Point of Beginning
north 63°5425"west 123.82 feet; thence north 14°05'35" east 44.88 feet to a point on the southeast
right of way he of the Bay Area Rapid Transit District right of way as recorded December 15, 1964
in Book 4763 of Official Records at Page 377; thence along said right of way line north 57'54'30"
east 358.50 feet to a point on the westerly right of way line of the Walnut Creek Flood Control
Channel;thence along said right of way line south 31'5750" east 11.15 feet; thence southerly 397.56
feet along the arc of a tangent curve, concave to the west, having a radius of 47 1.00 feet, through a
central angle of 48°21'45"; thence south 16°23'55" west 122.04 feet; thence leaving said Channel
right of way north 76°26'19" west 2.43 feet; thence north 6°24'25" west 8.45 feet; thence north
36°24'25" west 198.00 feet;thence north 63°54'25" west 118.40 feet;to the Point of Beginning.
Containing an area of 98,034 square feet (2.251 acres) of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27). Distances given are grid
distances. To obtain ground distance, multiply distance given by 1.0000657.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
0 AND
Signature: � � ZW� , F�o�
Licensed Land Surveyor
Contra Costa County Public Works E"° ��
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9 Na 5999
Date: s / ` OFCALtF�`�\P
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