HomeMy WebLinkAboutMINUTES - 09091997 - C2 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 9, 1997, by at least a four-fifths vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None RESOLUTION NO. 97/ 47s
(Gov't Code § 25363)
SUBJECT: Resolution of Intention to Sell County Surplus Real Property
Vacant Commercial Lot on Tice Valley Boulevard
Project No. 0662-6R4325
Walnut Creek Area
CDD-CP#97-55
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Board DETERMINES that the parcel of vacant 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 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 November 13, 1997, at 11:00 a.m., at 255 Glacier Drive, Martinez, California, 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 Director of Community Development to file a Notice of Exemption
with the County Clerk 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. DIRECT the Director of
Community Development to file the Notice of Exemption with the County Clerk. This project has been
determined to be exempt from 65402 review in accordance with the Board of Supervisors Resolution
81/522.
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(Form updated 2/97) t hereby Certify that this is a we and correct coPY of
an action taken and entered on(the
emmin�utea of the
Orig.Dept.: Public Works(RP) Board of Supervisors on the date 997
Contact: Ronald Babst(313-2226) Agip
cc: P=Accounting PHIL SAT ELOR,Clerk of then d aro
County Administrator d gupeNm°rs and County Admin"'161 r
Assessor •
Auditor-Controller W
Community Development Dept
J.Frattini,Des/Env
RESOLUTION NO. 97/_478
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 vacant residential lot hereinafter described:
Assessor's Parcel No. 184-311-020, located at the southeast comer of Olympic Boulevard
and Tice Valley Boulevard in the Walnut Creek area.
The auction will be held in Conference Room A at 255 Glacier Drive, Martinez, California,
on November 13, 1997, at 11:00 a.m. The minimum bid that will be considered is
$200,000.
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 phone to be mailed
by calling 313-2220.
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
By
Dep Jerk
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(Form updated 2/97)
RESOLUTION NO. 971 478
CONTRA PUBLIC WORKS DEPARTMENT
COSTA INITIAL STUDY
COUNTY OF ENVIRONMENTAL SIGNIFICANCE
PROJECT#0662-6R4325
CP#97-55
PROJECT NAME: Olympic Boulevard-Sale of Surplus Property
PREPARED BY: Janet Frattini DATE: August 1, 1997
APPROVED BY. ; `J DATE: s' "
RECOMMENDATIONS:
(✓) Categorical Exemption (Class 12) ( ) Negative Declaration
O Environment Impact Report Required O Conditional Negative Declaration
The project will not have a significant effect on the environment. The recommendation is based
on the following:
The property is surplus government property which is not in an area of statewide, regional, or areawide
concern as identified in Section 15206(b)(4). However, if the property was located within these areas,
its sale would be exempt if the property complied with the conditions listed in the CEQA Guidelines
Section 15312(a)and (b).
What changes to the project would mitigate the identified impacts .
N/A -
USGS Quad Sheet Walnut Creek Base Map Sheet#P13 Parcel# 184-130-037/038
1
GENERAL CONSIDERATIONS:
1. Location: The property is located in the central county area of Walnut Creek in a mixed use
neighborhood of mostly light commercial with some residential properties (Figures 1-3).
2. Project Description: The proposed project consists of the sale of a parcel that was acquired in
connection with the recent Olympic Boulevard and Tice Valley Boulevard road widening project.
Since that project has been completed, it has been determined by the Transportation Engineering
Division of the Public Works Department that the remaining parcel, approximately 13,111 square
feet, is unnecessary for future road purposes.
3. Does it appear that any feature of the project will generate significant public concern?
[] yes [✓] no [] maybe (Nature of concern):
4. Will the project require approval or permits by other than a County agency? [] yes [✓] no
Agency Name(s)
5. Is the project within the Sphere of Influence of any city?Yes, Walnut Creek.
Mcatexm pto lym pic.i n i
(Form Revised 2/97)
— -- -- - -
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NOT TO SCALE
Community Contra Harvey E. Bragdon
Development Director of Community Development
Department COSta
County Administration Building County
651 Pine Street t serer.
4th Floor, North Wing ^%
Martinez, California 94553-0095
Phone: 335-1235 s August 6, 1997
County File NCP 97-55
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 97-55, Olympic
Boulevard-Sale of Surplus Property in the Walnut Creek area. 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 n have a significant effect on the environment. Your project falls within the following category:
W AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED.
W) The project is categorically exempt (Class 12 ).
( 1 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).
0 Other: General Rule of Applicability (Section 1506 1 (b)(3).
( ) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED.
( 1 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).
( ) 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 (5 10) 335-1210.
Sincerely yours
Harvey E. Bragdon
Director of Community Development
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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) 313-2284 Contact Person: Joseph J. Olsen - Public Works Dept.
Project Description, Common Name (if any) and Location:Olympic Boulevard - Sale of Surplus
Property, County File #CP 97-55: Project Description: The proposed project consists of the sale
of a parcel that was acquired in connection with the recent Olympic Boulevard and Tice Valley
Boulevard road widening project. Since that project has been completed, it has been determined by
the Transportation Engineering Division of the Public Works Department that the remaining parcel,
approximately 13,111 square feet, is unnecessary for future road purposes. Project location: The
property is located in the central county area of Walnut Creek in a mixed use neighborhood of mostly
light commercial with some residential properties.
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))
✓ Categorical Exemption, Class 12
for the following reason(s): The property is surplus government property which is not in an area of
statewide, regional, or areawide concern as identified in Section 15206(b)(4). However, if the
property was located within these areas, its sale would be exempt if the property complied with the
conditions listed in the CEQA Guidelines Section 15312(a) and (b).
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
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(Rev.2/97)
NOTICE OF
PUBLIC LAND SALE
COsT,�
_ =- Option to Purchase
Auction Sale
DATE: November 13, 1997
ZTIME: 11:00 a.m.
PLACE: Conference Room
SURPLUS "A", 255 Glacier Dr.
Martinez, CA 94553
LAND
PROPERTY LOCATION: Southeast corner of Olympic Blvd and Tice Valley Blvd in
Walnut Creek.
PROPERTY DESCRIPTION: Assessor's Parcel No. 184-311-020. Approximately 13,111
square feet, vacant neighborhood business lot. Please refer
to the enclosed material for details.
PROPERTY INFORMATION: Size: Approximately 13,111 sq. ft. (.30 of an acre)
Zoning: N-B, Neighborhood Business
Utilities: Water, sewer, gas and electric available at site.
Property Taxes: Not currently taxed - will return to tax roll
upon sale.
MINIMUM BID: $200,000.00
OPTION DEPOSIT AMOUNT: $20,000.00 in the form of a CERTIFIED CHECK, CASHIER'S
CHECK or MONEY ORDER (NO PERSONAL CHECKS)
OPTION PERIOD: 60 days after acceptance of the bid by the Board of
Supervisors
CONTRA COSTA COUNTY, PUBLIC WORKS DEPARTMENT
REAL PROPERTY DIVISION
255 GLACIER DIRVE, MARTINEZ, CA 94553
For additional information, call Ron Babst, Senior Real Property Agent at (510) 313-2226
(Monday - Thursday, between 7 a.m. to 4:30 p.m.)
TUv� Blvd.
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ORAL BIDDING
In order to participate in the bidding procedure a CASHIER'S CHECK, CERTIFIED CHECK,
OR MONEY ORDER, in the amount of$20,000 must be deposited with the auctioneer prior
to the start of bidding. No exceptions.
Bidding will open at the $200,000 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 to leave with the auctioneer their$20,000 non-refundable deposit in the form of
a 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 60 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.
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July 30,1997
NOTICE TO BIDDERS
The sale property consists of a vacant, level, triangular shaped lot containing
approximately .30 of an acre. In 1995, the County acquired possession of the property and
used a portion of the land for road improvements at the intersection of Tice Valley
Boulevard and Olympic Boulevard. The auction brochure map reflects the excess area to
be sold.
Prior to the County acquiring the parcel, it was occupied by a Shell Service Station. As
a condition of the purchase, Shell was obligated to clean the site from soil contaminants
and demolished the existing buildings in the process. A report of the completed work is
on file for review with the Health Services Department, Environmental Health, 4333
Pacheco Boulevard, Martinez. Please contact Paul Andrews at (510) 646-2286 for
questions related to the report.
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.
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July 30,1997
OPTION TO PURCHASE AGREEMENT
1. GRANT OF OPTION.
In consideration of the sum of ($ ), 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. 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 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 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.
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.
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 4
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)
l )
(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
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g Areal prop197-7\.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 30°20'38" east 86.63 feet thence north 59°39'22" 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 111 (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 ct.
Signature:
'censed Land Surveyor
Contra Costa County Public Works
Date:
KT:jlg
gAdericaRexhibits0ewing.ex
June 30, 1997