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HomeMy WebLinkAboutMINUTES - 10281997 - C17 7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on October 28, 1997, by at least a four-fifths vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None RESOLUTION NO. 971 589 (Gov't Code § 25363) SUBJECT: Resolution of Intention to Sell Fire Protection District Surplus Real Property Vacant Land on Arthur Road Project No. 7126-6X5551 Martinez Area CDD-CP #88-66 The Board of Supervisors as the Board of Directors of the Contra Costa County Fire Protection District RESOLVES THAT: The Board DETERMINES that the parcel of vacant land, acquired for fire protection purposes, located on Arthur Road, Martinez, 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 December 16, 1997, at 255 Glacier Drive, Martinez, California, as the time and place where oral bids will be received and considered. RB:gpp g:lrealprop197-101br528-10.wpdI bomb eel*that tors to awe and aorreet of (Form updated 2197) an action a S'aken„aervisom ond n he`dare m�in utes no Orig. Dept.: Public Works(RP) ATIMSTIM. board Contact: Ronald Babst(313-2226) gl&VW q�6&ut rk fdminl tot cc: P/W Accounting County Administrator 1?4r Assessor Auditor-Controller RESOLUTION NO. 97/ 589 t 1' 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 land hereinafter described: Assessor's Parcel No. 380-170-002, being approximately two acres located on the west side of Arthur Road, south of Highway 680, in the Martinez area. The auction will be held at 255 Glacier Drive, Martinez, California, on December 16, 1997, at 2:00 p.m. Minimum Bid: $255,000 Terms and Conditions of Sale are available at the office of the County Real Property Division, 255 Glacier Drive, Martinez, California, 94553, or may be requested by phone to be mailed by calling 313-2220. The Contra Costa County Fire Protection District reserves the right to reject any and all bids received. The parcel will be sold "AS IS" 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 De ty Clerk RB:gpp g AreaIprop\97-10\br528-10.wpd (Form updated 8/97) RESOLUTION NO. 97/589 NOTICE OF PUBLIC LAND SALE Option to Purchase Auction Sale CONTRA COSTA COUNTY FIRE PROTECTION DATE: December 16, 1997 DISTRICT TIME: 2:00 p.m. SURPLUS LAND PLACE: Conference Room "A" 255 Glacier Drive Martinez, CA 94553 VACANT LAND PROPERTY LOCATION: West side of Arthur Road, approximately 200 feet south of Highway 680 in the Martinez area. PROPERTY DESCRIPTION: Assessor's Parcel No. 380-170-002. Approximately 2 acres, vacant residential land. Please refer to the enclosed material for details. PROPERTY INFORMATION: Size: Approximately 2 acres Zoning: P-1, Planned Unit District Utilities: Water, sewer, gas and electric available. Taxes: Not presently taxed, will return to tax rolls after sale. MINIMUM BID: $255,000.00 OPTION DEPOSIT AMOUNT: $20,000.00 in the form of a CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER (NO PERSONAL CHECKS) OPTION PERIOD: 45 days after acceptance of the bid by the Board of Supervisors. CONTRA COSTA COUNTY, PUBLIC WORKS DEPARTMENT REAL PROPERTY DIVISION 255 GLACIER DRIVE, 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.) 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 $255,000 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 District 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 District, 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 District 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 and District employees may bid to acquire surplus Fire Protection District 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. RB:gpp g:Vea Iprop\97-10\.SA8FPD.wpd October 14,1997 NOTICE TO BIDDERS The sale property is an irregularly shaped parcel containing approximately two acres. The parcel has approximately 185 feet of frontage along the west line of Arthur Road. The parcel has a slight upslope north to northeast. In 1970, the District acquired the subject property as a future fire station site. The residence on the site was demolished in 1971. Subsequently, the District abandoned its plan to build a fire station at this location. The auction brochure map reflects the area to be sold. The subject property (APN 380-170-002) in conjunction with the adjacent owner (APN 380- 170-004, 380-180-046) have a vested tentative map for 41- single family lots. According to Community Development, the vesting occurred on February 12, 1991. If a final map is filed by February 12, 2000, and building permits pulled within one year of the day in which the final map is filed, then most fees associated with the development proposed in the vested map will be at the levels in effect in 1991. The subject property is zoned P-1 and is being sold independently. The vesting entitlements only apply if the above described adjoining property is also acquired. File No. 90-3027 is available for review at the Community Development Department, Planning Division, 651 Pine Street, 2nd Floor, Martinez. Please contact Aruna Bhat at (510) 335-1219 for questions related to planning. For questions related to the sale of the adjacent property (APN 380-170-004, 380-180- 046), please contact Ron Carter, Pacific Union Residential .Brokerage, at (510) 284-3700. The District 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. RB:gpp g:\rea l prop\97-10\bidders.wpd rr rr Sr qrF tier 680 g4 20N'g3 KREUSC P�. 3 8-lgy 94 P� N64 o' CONTRA GQ �-1 °�� $ x``"'"`59 34 ; N84° A4 12 a qo 4Jt r CON-r Dlo. D3 LEY etuX 3 6037 &C%rA QU3`18 81487w 1-0S?p d 0 w , x N64. 292. N6'4- w 93 �. •• los �o . 91p� 807QS r >° zc, o 96 r �a�,0 0) o ,Luc,vco 0 zoo �o a t vi , r CLI OC N _ _ U "n3 V r a DSR 9-0`0 SQN WAY Q7 A Y ' © x O r� r rCt r r UNDGREN L N ,r r r r W Nol Q Y r CITY - S.P.T.CO.- k - WATERSIRD R �f • 1 I _ OU PUBLIC; MARTINEZ PQaaPDP 9F. ; GUN CLUB 11� OcBARK M LEDR. i = ROORIGUES ��,AM� G JANE � I 1 INEZ Q•' S �e Y/'a 3. 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In consideration of the sum of Twenty Thousand Dollars ($20,000), receipt of which is hereby acknowledged,CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a political subdivision of the State of California ("District"), does hereby grant to ('Optionee')the exclusive right and option to purchase,on the following terms and conditions,the real property described in Exhibit"A" attached hereto and made a part hereof, and further identified as A.P.N. 380-170-002. 2. COMMENCEMENT AND TERMINATION DATES. The option granted under this agreement shall be exercisable for a period of forty-five (45) days beginning on the first day following the approval of this option by the Board of Supervisors. 3. EXTENSION OF OPTION PERIOD. _ There may be circumstances beyond the control of the Optionee which prevent completion of the terms and conditions within the option period. Under these circumstances,the District may,at District's sole discretion, provide for an extension of the option period under such terms and conditions as the District deems reasonable,if it is deemed in the best interest of the District. No such extension shall be effective unless it is in writing,signed by both parties. It is understood that Optionee acquires no right,title, interest or equity in or to said property until a deed is recorded. 4. PURCHASE PRICE. This Agreement gives Optionee the right to purchase the subject property for the sum of DOLLARS ($ ) 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 District 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 District 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 Fire Protection District. 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 District for this Option shall be forfeited to and become the property of District. 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 Fire Protection District has been recorded. 9. INFORMALITIES: CANCELLATION OF SALE. Contra Costa County Fire Protection District 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 District 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 District, 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 District 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 District 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 District,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 District, 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 District for any expenditures,including reasonable attorneys'fees the District may make by reason of such matters, and if requested by District 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 made upon Optionee in person or by registered mail addressed to Optionee at: (address) (telephone) CONTRA COSTA COUNTY OPTIONEE FIRE PROTECTION DISTRICT By: By: Chair, Board of Supervisors ATTEST: Phil Batchelor,County Administrator and Clerk of the Board of Supervisors By: Deputy RB:gpp g:\realprop\97-10\SA3F P D.wpd October 14,1997