HomeMy WebLinkAboutMINUTES - 11062001 - C.31 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 6, 2001 , by the following vote:
AYES: Supervisors Gioia, Gerber , DeSaulnier, Glover and Uilkema
NOES: None
RESOLUTION NO. 2001/ 545
ABSENT: None (GOV. CODE § 25363)
SUBJECT: ADOPT Resolution No. 20011545 approving the sale of a Fire Protection
District surplus real property.
5850 Clayton Road, Clayton
CP# 0 1-41
Project No. 7300-6X5145
Clayton Area
The Board of Supervisors of Contra Costa County, as the Board of Directors of the
Contra Costa County Fire Protection District, RESOLVES THAT:
The Board by Resolution No. 443 dated September 25, 2001 , 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 1 :00 p.m. on October 23, 2001 , at 255 Glacier
Drive, Martinez, CA, 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 $452,000 by Richard B. Seeno, at which
time the amount of$10,000 was deposited as an option-bid deposit to secure completion
of the transaction.
The Board APPROVES the Option Agreement with Richard B. Seeno, 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 to Richard B. Seeno, and cause said deed to be delivered upon performance
and compliance by the purchaser of all terms and conditions set forth in the Agreement.
I hereby certify that this is a true and correct
copy of an action taken and entered on the
G:\:\GrpData\RealProp\2001-Files\BOs&RES\BR7-Fire Station Claylon.doc minutes of the Board of Supervisors on the
date shown.
Orig. Dept.: Public Works (R/P) ATTESTED: November 06, 2001
Contact: Debra L. Baker(313-2224) John Sweeten, Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-Controller J
Assessor By / Deputy
Public Works Accounting
RESOLUTION NO. 2001/ 545
Recorded at the request of
Richard B. Seeno
Return to:
Richard B. Seeno
P. O. Box 977
Clayton, CA 94517
Assessor's Parcel No. 120-015-011
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a County fire protection district,
organized pursuant to Health & Safety Codes § 13801, et seq.
Grants to Richard B. Seeno, , the following described real
property in the City of Clayton, County of Contra Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF,
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
B
Dated November 06, 2001 Chair oard of ,pervisors
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10/23/01
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On November 06, 2001 before me, John
Sweeten, Clerk of the Board of Supervisors and County
Administrator,Contra Costa County,personally appeared.who is
personally known to me (or proved to me on the basis of I hereby certify that this is a true and correct
satisfactory evidence)to be the person(s)whose name(s)is/are copy of an action taken and entered on the
subscribed to the within instrument and acknowledged to me that minutes of the Board of Supervisors on the
he/she/they executed the same in his/her/their authorized date shown.
capacity(ies), and that by his/her/their signature(s) on the ATTESTED:-- November 06, 2001
instrument the person(s), or the entity upon behalf of which the JOHN SWEETEN, Clerk of the Board
person(s)acted, executed the instrument. of Supervisors nd unty Administrator
By
By: Deputy
D uty Clerk
Clayton Fire Station
#11 (APN 120-015-011)
EXHIBIT "A"
Fee Title
A portion of that parcel of land granted to Contra Costa County by Grant Deed recorded
October 17, 1957 in Book 3060 of Official Records at page 372, being all of parcel 11 of
those parcels of land granted to Contra Costa Fire Protection District by Quitclaim Deed
recorded March 16, 1992 in Book 17311 of Official Records at page 569 Contra Costa
County, California described as follows:
Beginning at the southwest corner of said parcel (3060 O.R. 372) said point being on the
easterly right of way line of Mitchell Canyon Road; thence from said Point of Beginning
along said right of way line north 1° 36' 20"east 234.07 feet to a tangent curve, concave to
the southeast; thence northeasterly, along said curve, having a radius of 20.00 feet,
through a central angle of 119°49'52"an arc distance of 41.83 feet to the southerly right of
way line of Clayton Road; thence along said southerly right of way line south 58° 33'47"
east 214.71 feet; thence leaving said right of way line south 10 36' 20" west 141.96 feet;
thence north 89° 05 45" west 216.22 feet to the Point of Beginning.
Containing an arc area of 44,109 square feet of land more or less.
Subject To: All Covenants, Rights, Rights-of-Way and Easement of Record
This real property description has been prepared by me or under my direction, in
conformance with the P ssional Land Surveyors Act.
ND
Signature: SF,O e SUS
Licensed Land Surveyor zw£, F
Contra Costa County Public Works
Date: /0- Z _ of * Exp. 12-31-04
Ln No.5999
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Parcel Number: 120-015-011 Optionee: Richard B. Seeno
Project Name: Fire Station #11 Disposal Address: P. O. Box 977
Project Number: 7300-6X5145 Clayton, CA 94517
OPTION AGREEMENT BETWEEN
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
AND THE OPTIONEE NAMED HEREIN
(Not to be Recorded)
1. Recitals.
a. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a county fire
protection district organized pursuant to Health & Safety Code §13801, et
seq. ("District"), is the owner of certain real property described in Exhibit
"A" attached hereto and made a part hereof, and further identified as
A.P.N 120-015-011, hereinafter referred to as the "Property."
b. District proposes to sell the Property.
C. Richard B. Seeno ("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
("Effective Date").
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. Option Term. 90 (ninety) days following the Effective Date, unless during
said 90 (ninety) day period District agrees in writing to extend the Option
Period.
b. Extension of Option Period. District, in its sole discretion, shall have the
right, but not the obligation, to extend the term of the Option Term, under
such terms and conditions as District believes is reasonable, if District, in
its sole discretion, believes such extension is warranted. No such
t
extension shall be effective unless and until it is in writing signed by both
parties.
C. Breach. Immediately upon a breach or default by Optionee under this
Option Agreement.
d. 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 TEN THOUSAND DOLLARS
($10,000.00) 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 October 23,
2001. 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 Fire Protection District.
b. Retention of Option Consideration. Except as provided 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.
.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 District ("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 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 FIFTY TWO
THOUSAND AND 00/100 DOLLARS ($452,000.00). 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
2
Department, Real Property Division, 255 Glacier Drive, Martinez, CA
94553, payable to the Contra Costa County Fire Protection District.
b. 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 Fire Protection
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 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.
If Optionee exercises this Option, Optionee will accept the Property in an "as is"
condition. District has not made and does not make any representation as to the
physical condition of the Property.
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. Optionee shall keep the Property free of all
mechanic's or similar liens in connection with all activities by or on behalf of
Optionee in connection with the Property. District shall also be entitled to record
3
and post notices of nonresponsibility of any activities of Optionee in connection
with 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.
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: (925) 313-2224
Fax: (925) 313-2333
Optionee: Richard B. Seeno
P. O: Box 977
Clayton, CA 94517
Telephone: (925) 672-2076
or to such other addresses as Optionee and District 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 District, 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 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 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. 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.
20. 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.
21. 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.
22. Amendment.
This Agreement may not be. amended or altered except by a written instrument
executed by District and Optionee.
6
23. 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
FIRE PROTECTION DISTRICT
B By
Cir, Board Supervisors a no
ATTEST: John.Sweeten, Authority
Administrator and Clerk of the Board
of Supervisors
By
Dep ty
APPROVED AS TO FORM:
by County Counsel
June 6, 1997
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A - Legal Description
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10/23/01
7
Clayton Fire Station
#11 (APN 120-015-011)
EXHIBIT "A"
Fee Title
A portion of that parcel of land granted to Contra Costa County by Grant Deed recorded
October 17, 1957 in Book 3060 of Official Records at page 372, being all of parcel 11 of
those parcels of land granted to Contra Costa Fire Protection District by Quitclaim Deed
recorded March 16, 1992 in Book 17311 of Official Records at page 569 Contra Costa
County, California described as follows:
Beginning at the southwest corner of said parcel (3060 O.R. 372) said point being on the
easterly right of way line of Mitchell Canyon Road; thence from said Point of Beginning
along said right of way line north 1' 36' 20" east 234.07 feet to a tangent curve; concave to
the southeast; thence northeasterly, along said curve, having a radius of 20.00 feet,
through a central angle of 119°.49'52" an arc distance of 41.83 feet to the southerly right of
way line of Clayton Road; thence along said southerly right of way line south 58° 33'47"
east 214.71 feet; thence leaving said right of way line south 1" 36' 20" west 141 .96 feet;
thence north 890 05 45" west 216.22 feet to the Point of Beginning.
Containing an arc area of 44,109 square feet of land more or less.
Subject To: All Covenants, Rights, Rights-of-Way and Easement of Record
This real property description has been prepared by me or under my direction, in
conformance with the P ssional Land Surveyors Act.
Signature: \-AND SUS
Licensed Land Surveyor zwF,y � LF`
Contra Costa County Public Works
74 Exp. 12.31-0a
Date: /O � Z�— o t No. 5999
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