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HomeMy WebLinkAboutMINUTES - 10141997 - C3 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 14, 1997, by the following vote: AYES: Supervisors Rogers, Uilkerna, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None RESOLUTION NO. 97/ 539 (GOV. CODE § 25363) SUBJECT: Sale of'Surplus Real Property 981 Castle Rock Road Surplus Project No. 0662-6U4340 Walnut Creek Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board by Resolution No. 97/444 dated August 12, 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 2:00 p.m. on Tuesday, September 23, 1997, at 255 Glacier Drive, Martinez, 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 $414,000 by Mozafar and Feloura Katoozian 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 execute a deed to Mozafar Katoozian and Feloura Katoozian and the Option to Purchase Agreement with Mozafar Katoozian and Feloura Katoozian and cause said deed to be delivered upon performance and compliance by the purchaser of all terms and conditions set forth in the Agreement. KAL:gpp I hereby certify that this is a true and correct copy of g:\reaIprop197-9\br714-10.wpd an action taken and entered on the minutes of the Orig.Dept.: Public Works(R/P) Board of SupertAsm on the data shown. Contact: Karen A. Laws(313-2228) ATTESTED: �— cc: County Administrator PHIL BATCHELOR,Clerk of thd Board Auditor-Controller of Supervlsorsand County Administrator Assessor Public Works Accounting By = -- Deputy RESOLUTION NO. 97/ 539 Recorded at the request of: Contra Costa County Return to: Mozafar&Feloura Katoozian 1831 Argonne Drive Walnut Creek, CA 94598 Portion of Assessor's Parcel No. 139-140-001 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to MOZAFAR KATOOZIAN and FELOURA KATOOZIAN, 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, 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. CONTRA COSTA COUNTY Dated October 14, 1997 By���. Chair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On October 14, 1997 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator,Contra Costa County personally appeared Chair, Supervisor Mark DeSaulnier ,whois 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 acknowl- edged 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. l By: ,1 Deputy KAL:9pp gArea1propW-9\D E3KAT.wpd .September 29,1997 CONTRA COSTA COUNTY PARCEL PORTION APN 139-140-001 Castle Rock Road EXHIBIT "A" All that real property situate in Contra Costa County, State of California, described as follows: A portion of that parcel of land deeded to Contra Costa County, recorded November 1, 1972 in Book 6788 of Official Records at page 724, records of said county, described as follows: Commencing at the northerly corner of said parcel (6788 or 724); thence from said point, southerly along the westerly line of said parcel south 10011'44" west 33.20 feet to the Point of Beginning; thence from said Point of Beginning southerly along the westerly line of said parcel the following three courses: south 10011'44". west 209.70 feet, south 79048'16" east 20.00 feet and south 10°11'44"west 225.29 feet to the southwesterly corner of said parcel; thence easterly along the southerly line of said parcel, south 88038'56" east 227.27 feet to the southeast corner of said parcel; thence northwesterly along the easterly line of said parcel north 19014'16" west 109.97 feet; thence leaving said line north 21003'10" west 280.00 feet; thence northwesterly along a tangent curve, concave to the southwest, having a radius of 620.00 feet, through a central angle of 7019'02", an arc distance of 79.18 feet to the Point of Beginning. Containing an area of 1.164 acres of land more or less. RESERVING THEREFROM: an easement for roadway slope and maintenance purposes, described as follows: Commencing at the northerly corner of said Contra Costa County Parcel (6788 or 724); thence from said point southerly along the westerly line of said parcel south 10°11'44" west 33.20 feet to the Point of Beginning; thence from said Point of Beginning continuing along said westerly line south 10011'44" west 37.92 feet; thence leaving said line south 38035'59" east 48.82 feet to a point on a line parallel with and 10.00 feet westerly, right angle measure, from the easterly line of the aforementioned parcel;thence parallel to said easterly line, south 21003'10" east 248.38 feet; thence south 38035'59" east 33.17 feet to a point on the easterly line of said parcel (6788 OR 724), said point being north 19°14'16" west 109.97 feet northerly of the southeast corner of said parcel (6788 or 724); thence north 21003'10"west 280.00 feet; thence along a tangent curve, concave to the southwest having a radius of 620.00 feet, through a central angle of 7019'02" an arc distance of 79.18 feet to the Point of Beginning. Containing an area of 3,800 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 27). BS:dmw:drg c\ex:Castle 1/29/91 Ia -14- 97 e.3 Parcel Number: 139-140-001 Optionee: Mozafar& Feloura Katoozian Project Name: Castle Rock Road Surplus Address: 1831 Argonne Drive Project Number: 0662-6U4340 Walnut Creek, CA 94598 OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY AND THE OPTIONEE NAMED HEREIN 1. Recitals. a. CONTRA COSTA COUNTY, a political subdivision of the State of California is the owner of the certain real property described in Exhibit"A" attached hereto and made a part hereof, and further identified as, 981 Castle Rock Road, A.P.N. 139-140-001, hereinafter referred to as the "Property." b. County proposes to sell the Property C. Mozafar and Feloura Katoozian, husband and wife, ("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. 3. Grant of Option. County 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. 45 days following approval of the Option by the Board of Supervisors. b. Breach. Immediately upon a breach or default by Optionee under this Option Agreement. C. Purchase. The date that the Optionee acquires the entirety of the Property. 1 5. Consideration for Option. a. Payment. As consideration for the Option granted under this Agreement, Optionee agrees to pay County the sum of Ten Thousand Dollars ($10,000) 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 on the date and 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. 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 County shall belong to County and be retained by County, whether or not Optionee ultimately exercises its right to purchase the Property.. County shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. If the Optionee exercises its Option, at County's Option the sale may be consummated through an escrow at a title company to be selected by County ("Title Company"). In such case, Optionee hereby authorizes County to prepare and file escrow instructions with said Title Company on behalf of Optionee in accordance with this Agreement. Escrow shall be 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 Four Hundred Fourteen Thousand Dollars ($414,000). 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. C. Title; Grant Deed. The right, title and interest in the Property to be conveyed by County pursuant to this Agreement shall not exceed that vested in the County. 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 2 County has been recorded. If the Optionee exercises its Option, upon approval by the Board of Supervisors, the County 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 County before the expiration of the applicable Option Term, written notice of the exercise ("Exercise Notice") and payment of the Purchase Price to the County. 8. Condition of the Property. Neither County, 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 County within which the Property is located. If Optionee exercises this Option, Optionee will accept the Property in an "as is" condition. County has not made and does not make any representation as to the physical condition of the Property. Optionee hereby releases County, 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 County, 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 County harmless from any claim, loss or liability in connection with any entry by Optionee, its contractors, agents and employees and Optionee will be solely 3 responsible for all costs incurred in connection with these activities or Optionee's investigation of the Property. 10. Informalities; Cancellation of Sale. County 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 County, through no fault, action or inaction of Optionee, all monies deposited shall be refunded without payment of interest. 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: County: Real Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Telephone: (510) 313-2220 Fax: (510) 313-2333 Optionee: or to such other addresses as Optionee and County may respectively designate by written notice to the other. 4 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. 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. 5 17. Indemnification. As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save and hold harmless County, 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 County, its agents, officers or employees, arising directly or indirectly from or connected with the 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 County for any expenditures, including reasonable attorneys' fees that County may make by reason of such matters and, if requested by County, 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. Quitclaim Deed. If this Agreement is terminated, Optionee agrees, if requested by County, to execute, acknowledge, and deliver a quitclaim deed to County 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. 6 23. Amendment. This Agreement may not be amended or altered except by a written instrument executed by County and Optionee. 24. Entire Agreement. This 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. CONTRA COSTA COUNTY OPTIONEE APPROVED BY: c By: 11� 0� _ By: Chair, Board of Supervisors , ATTEST: Phil Batchelor, County Administrator :�CGLtd` Pc4, and Clerk of the Board of Supervisors By: Deputy Approved as to Form: Victor J. Westman, County Counsel By NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A- Legal Description KAL:gpp g:\real p rop\97-8\sa3cr.wpd September 23,1997 7