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HomeMy WebLinkAboutMINUTES - 02262002 - C6 THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE CONTRA..COSTA COUNTY I FLOOD CONTROL AND WATER CONSERVATION DISTRICT CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 26,2002,by at least a four-fifths vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/101 Contra Costa County Flood Control and Water Conservation District Act(Section 31) (Gov't Code§25363) SUBJECT: ADOPT Resolution No. 2002/101 approving Notice of Intention to sell District's surplus real Property identified as Assessor's Parcel No. 187-110-050(Formerly known as portions of Assessor's Parcel Nos. 187-110-006&'029)located at 1456 Paseo Nogales,Alamo Alamo Area [CDD-CP01-55] Project No. 7520-6B8317 The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: The Board DETERMINES that the parcel of improved land,acquired for flood control purposes,described in the Notice of Intention to Sell RealProperty 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 post in three (3)public places in the County for that period;pursuant to Government Code Section 25363. The Board sets April 2, 2002, at 2:00 p.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 activity 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 a $25.00 handling fee to the County Clerk for filing and a $25.00 fee to Community Development for processing of the notice of Exemption. LLO:eh I hereby certify that this is a true and correct G:\Gipbata\ReaiProp\2002-Files\sos&REslBx5 Paseo Nogales.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the Orig.Dept.: Public Works(RP) date shown. Contact: L.Lucy Owens,Tel.313-2229 cc: P/WAccounting ATTESTED: _FEBRUARY 26, 2002 County Administrator JOHN SWEETEN,Clerk of the Board of Assessor Supervisors and County Administrator Auditor-Controller Community Development Dept Engineering,Services—Environmental By s' Deputy RESOLUTION NO.20021,101 NOTICE OF INTENTION TO SELL REAL PROPERTY Contra Costa County Mood Control and Water Conservation District Act (Section 31) (Government Code§ 25363) The County Real Property Division will sell at public auction tothehighest responsible bidder, the improved residential lot hereinafter described: Assessor's Parcel No. 187-110-050 (formerly known as portions of Assessor's Parcel Nos. 187-110-006 &029) in the Alamo area. The auction will be held in Conference Room "A", 255 Glacier Drive, Martinez, California, on April 2, 2002, at 2:00 p.m. 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 313-2229. The District 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 John Sweeten, Clerk of the Board of Supervisors and County Administrator N By - eputy Clerk RESOLUTION NO. 2002/1 101 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:(925) 313-2296 Contact Person:Cece Sellgren Public Works Dept. Project Description, Common Name (if any) and Location: Paseo Nogales Sale, County File CP# 01-55. Project Description: The project consists of the public auction sale of a. portion of Assessor's Parcel No. 187-110-029 and a portion of Assessor's Parcel No. 187-110-006,,'located on Paseo Nogales, in the Alamo area, which is unincorporated. The total area to be sold at public auction will be at least 20,000 square feet. APN#187-110-006 has no structures and APN#187=110- 029 has a 2,024 square foot single-family residence,which will be included in the sale. The District has determined that this surplus property is no longer needed for San Ramon Creek improvements. Project Location;The project is located in the south county area, in the Alamo area(Figures'1=4). This project is exempt from CEQA as a _ Ministerial Project(Sec. 15268) tither 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.t 2 for the following reason(s): This property is surplus government property which is not in an area of statewide, regional, or area wide concern as identified in Section 15206(b)(4). Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on J 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 WorksDepartment 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk fee$50 Due G:\GrpData\EnSvc\ENViR0\2o01 projects\CEQA only\NOE\Paseo Nogales-Sale.doc o d o > Z Z e 0 e Fri OM 0 r— rtl v7 03 70 CD„ z � © � m z -rm ' �\ +-.z O Gj'p'„1 5 z o o 77 _C) 0 > rn Q D 0 y z O z yo �.. mo m 01997 Thomas Bros.Maps CA b �' girt o i "31 3 now Av ti -' ... Isoa 40 � �' ' `�' '•0� dGtISIfl wn A 1� 4z 'd hrlssfy� r, W m m ,� s ' : EROA �.� fit'• e, c 5 ' '3AV 000 r+ 1 � GA OAF �t� -n � ��c� � L 1315 m IN '.qty 4C K '� '`�' Y ETTA " 0 4 LAR LARIAT LN Q' Int a� ;� •' �.. 39Tl6N .�CT 10 S PAS c=r "K"' .� , rn f✓2 N ..+ r ' 1�d+ 42J)i m. 'moo 5-04 _ ,� ... !!rte��rte y�•j'y ryI LL1\ t y y, } ISa +> 40 Am Aws Vj- 79- a � y v e � (a) S SUNNY$ROOK RD. a .. ' M C b r C�j Z z s'r L s cn-C _ OwC W;o a { ( a } g o z ,4,.f 74.10 .,,T a+.,. asa' Sil•S!'w Taa' o -, --) M o -i � O O : NWOG IES:j a.sr'. ww,t its zf •7 rr rn oma .: 71e.r � � sfT�sz'sa• off _ � - x a� i 1+"q oex INN LA vi too to rL.1.1 ii. COQ Nx . 0 cl 0 X $ f f Y �r a- �� � . �� 'if� i r -i � ,,.� "�-yc� p� '�a�.. t ���IJ Il it i �I .,� _ `.`. t � 3 �t�� �( � 8' i ��� �: :.; wx 'xi-.,,_ :�;, � �� �' `z �� �.._� ����� {` � ���� � ,� ��,. �� {} �i :� ,. ,.�" NOTICE OF �- PUBLIC LAID SALE OPTION TO PURCHASE AUCTION SALE DATE: April 2, 2002 TIME: 2:00 P.M. PLACE: Public Works Department ConferenceRoom "A, 255 Glacier [Drive, Martinez, CA 94553 PROPERTY LOCATION: 1456 Paseo Nogales, Alamo PROPERTY DESCRIPTION: 2,024± square foot Single'.-story, 4 bedroomsf2 '/x bath,single family residence with kitchen-dining area,living room,family room,and attached two car garage. The house is being sold"as is." Copies of pest inspection are available at the`open'house and at the Public Works Department. NOTE: THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT HAS RESERVED AN ACCESS&UTILITY EASEMENT OVER A PORTION OF THIS PARCEL. AREA IS SHOWN ON THE ATTACHED PLAT MAP PROPERTY INFORMATION: Assessor's Parcel: 187-110-050 {formerly known as portions of APN 187-110-006 & 029} Size: .46± acres Zoning: R-20 Utilities: Water, sewer, gas and electric, telephone THE SALE PROPERTY WOULD BE CONSIDERED SUBSTANDARD WITH RESPECT TO PARCEL DIMENSION STANDARDS(AVERAGE MINIMUM WIDTH IS 120 FEET),ANY MODIFICATIONS TO THE STRUCTURE REQUIRING A PERMIT WILL BE SUBJECT TO THE SMALL LOT OCCUPANCY ORDINANCE NO. 92-44(copy is attached). MINIMUM BID': $450,000.00 OPTION''DEPOSIT AMOUNT: $20,000.00 IN THE FORM OF A CERTIFIED''CHECK, CASHIER'S CHECK OR MONEY GIRDER (NO PERSONAL CHECKS) OPTION PERIOD: 45 days after acceptance of the bid by the Board of Supervisors. OPEN"HOUSE Saturday, March 9, 2002, from 10:00 a.m. to 2:00 p.m. Sunday, March 10, 2002, from 10:00 a.m. to 2:00 p.m. Thursday, March 14, 2002, from 11:00 a.m. to;,3 p.m. Sunday, March 17, 2002, from '10:00' a.m. to 2:00 p.m. Saturday, March 23, '2002, from 10:00 a.m. to 2 p.m. Thursday, March 28,`2002, from 11:00 a.m. to 3 p.m. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT REAL PROPERTY DIVISION 255 GLACIER DRIVE, MARTINEZ, CA 94553 For additional information,call , L. Lucy Owens,Associate Real Property Agent at(925) 313-2229 Monday through Thursday between 6:00 a.m. and 4:30 p.m. co SIjAel3iA -Oslo at qtk kI c U. cz LU °7xp `r Ut}g ,tom °}vat oil00 so DOST O' 145 A* � 3 J 0 w ! f ¢tg RAN�'� ; ow cr) I4 ORAL BIDDING In order to participate in the bidding procedure a CASHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER,in the amount of$20,000.00 must be deposited with the auctioneer prior to the start of bidding. No exceptions, Bidding will open at the$450,000.00 set bid and continue thereafter until the highest oral bid is finally accepted. At the close ofbidding,the highest bidder will be required to execute an"Option Agreement"and to leave with the auctioneer their$20,000.00 non-refundable deposit in the form of a CASHIER'S CHECK CERTIFIED CHECK OR MONEY ORDER,payable to Contra Costa County, 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 applicablelegal requirements at the time. All District employees may bid to acquire surplus 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. Parcel Number: Optionee: Project Name: Address: Project Number: OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL ANIS WATER CONSERVATION DISTRICT AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter referred to as the "District", is the owner of the certain real property described in Exhibit"A"attached hereto and made apart hereof, and further identified as A.P.N 187-110-050, hereinafter referred to as the"Property." b. District proposes to sell the Property. C. ("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. Option Term. Forty-five (45) days following the Effective Date, unless during said 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 extension shall be effectiveunless 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 Twenty Thousand Dollars ($20,000:00) upon the terms and conditions outlined herein, said amount to be credited to the Purchase Price of the Property("Option Consideration"). The Option Consideration shall be paid before the date this Agreement is approved by the Board of Supervisors.The Option Consideration shall be paid at the Public Works Department,Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. IF b. Retention of Option Consideration'. Except as provided in Section 10 below, all Option Consideration paid to or on behalf of District shall belong to District and be retained by District, whether or not Optionee ultimately exercises its right to purchase the Property.District shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. if the Optionee exercises its Option, at District's option the sale may be consummated through an escrow at a title company to be selected by District ("Title Company'). In such case, Optionee hereby authorizes District to prepare and file escrow instructions with said Title Company on behalf of Optionee in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shall be deemed to be conveyed on the date the deed to Optionee is;recorded ("Closing Date").All escrow fees, recording fees, documentary transfer tuxes or other real estate transaction taxes or fees,by whatever name known,including brokers commission,if any,and personal property sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the Optionee, Optionee will be solely responsible to pay the premium charged therefor. b. Purchase Price. The purchase price("Purchase Price")for the Property during the Option Term is the sure of Dollars ($ ). 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 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 Centra 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 heed. 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 Caption; Optionee will accept the Property in an "as is"condition. District has not made and dogs not make any representation as to the physical condition of the Property. 9. Right of Entry. During the terra 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, lass 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. 1'1_ 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 courser,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: Rear Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Telephone: (925) 313-2226 Fax: (925) 313-2333 Optionee: (Name (Address) (Telephone) 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 underthis 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 sectionheadings, 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 orderto 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 fforany'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 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 attomeys'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 thisAgreement 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 Caption 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. 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 FLOOD CONTROL AND WATERCONSERVATION DISTRICT OPTIONEE LBy QXBy C14ir, Board of Supervisors ATTEST: John Sweeten, Authority By Administrator and Clerk of the Board of Supervisors g ' By Depuw 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< lla 0I TZPASEONOGALES 10/30/01 San Ramon Creek Excess Parcel Exhibit"A" PARCEL 1 (Fee'Title) Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of Parcel1 described in the deed to .Contra Costa County Flood Control and Water Conservation District recorded October 18 1984 in Book 12024 of Official Records at page 85, and a portion of the parcel of land described in the deed to Contra Costa County' Flood Control and Water Conservation District recorded July 27, 1993 in Book 18780 of Official Records at page 800, described as follows: Beginning at the southwest corner of said Contra Costa County Flood Control and Water Conservation District Parcel (18780 OR 300); thence from said Point of Beginning, along the westerly line of said parcel, north 24°58'07"west 162.70 feet to the northwest comer of said parcel (18780 OR 300), said point being on the southerly line of said Contra Costa County Flood Control and Water Conservation District Parcel 1 (12024 OR 85); thence along said southerly line, south 62°54'38"west 50.00 feet to the southwest corner of said Parcel' 1; thence along the westerly line of Parcel 1 (12024 OR 85), north 24° 58'07" west 100.02 feet to the northwest corner of said Parcel 1; thence,, along the northerly line of said Parcel (12024 OR 85), north'62°54'38" east 111.20 feet; thence leaving said northerly line south 400 05' 45" east 24.28 feet; thence south 26e 07' 36" east 53.00 feet; thence south 10° 55' 07" east 43.30 feet; thence south 270 08' 10": east 100.00 feet; thence.,south 570 47' 27" west 34.85 feet; thence south 270 08' 16" east 41.89 feet; to-.a point on the southerly line of said Contra Costa. County Flood Control and Water 'Conservation District Parcel (18780 OR 300); thence along said southerly line south 63° 16' 38"west 29.05 feet to the Point of Beginning: Containing an area of 20,068 square feet of land',;more or less. RESERVING THEREFROM: ACCESS EASEMENT Right of way granted in the deed to Kenneth J. Samuels, recorded August 14, 1969 in Bonk 5941 of Official Records at page 292 described as follows: An;, easement (not to be exclusive) as an appurtenance to the storm drain easement above for use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas, oil and sewer pipe lines and for telephone, electric light and power poles, together with the necessary poles or conduits to carry said lines over the strip of land'described in the deed from Contra Costa County Title Company to 2 A.-J. Pitka, et -ux,- recorded October 2, 1945, in Book 822 of Official Records at page 397. 1' San Ramon Creek Excess Parcel PARCEL 2 (Access and Utility Easement) Right of way granted in the deed to Kenneth J. Samuels, recorded August '14, 1969 in Book 5941 of Official Records at page 292 described as follows: An easement (not to be exclusive) as an appurtenance to Parcel 1 above for use as a roadway for vehicles of all Kinds, pedestrians and animals, for water, gas, oil and sewer pipe lines and for telephone, electric light and power poles, together with the necessary pales or conduits to carry said lines over the strip of land described in the deed from Contra Costa County Title Company to A.J. Pitka, et ux, recorded October 2, 1945, in Book 822 of Official Records at page 397: Bearings are based on the California Coordinate System of 1983;(CCS83)Zone lll'. This real property description has been prepared by me or under my direction, in conformance'with the Professional Land Surveyors Act. A. Signature: Licensed 'Land Surveyor Contra Costa Cou ty Public Works * 9/3043 7E L.5. 5571 Dater CAL�� RZ:mp G.AGrpOata\Cledca1 4H1BiTS120DI\San Ramon Creek.doc August 8,2007 a SUNINY BROOK RUAD O c .. CO I OD rt M 0 33 0 CJ N O CO t7 C }F�-jy CDMC7 r- 4* co N a'' HOMO= 3n' tJ z •-i r�, � g 9� `{may �,� <7 RO ON ro 2&w O;n 4 OD x u' M 0 CD C K C3, 04,06 tit ,f; N�,,� ..' `"'.b2;?T"'_. 0 �r 0 OD CO r- 00 Z OD ,0 sp 0 rn 0 r-O p to M �y-,s ' ► a � ! C);u !f � .:. rt t Ul.p C!J in z 0 wok n� e �' ORDINANCE NO. 92-44 (Small Lot ''Occupancy, Merger of Lots) The Contra CostaCountyBoard of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text from the enacted or amended provisions--of -the County Ordinance 0665) SECTIO-I3-I. S_umXARY. This ordinance amends section 82-10.002 and Chapter 92--12 of the County Ordinance Code -to delete` provisions for merger of adjoining lots and to clarify the small, lot occupancy requirements. It also adds a provision that the location, size, height and design of a single fly dwelling on a substandard lot that qualifies for the small lot occupancy exception may be reviewed and approved, conditionally approved or denied by the Zoning Administrator through public hearing to provide compatibility with and minimize impacts on the sur- rounding neighborhood. The intent of the small lot occupancy exception in section 82-10.002- remains the same: to provide for. a grandfather exception for, small lots that were at one time consistent with the applicable zoning district or which' were created 'prior- to' any applicable zoning district. SECTION 'II. Section 82-10.002 of the County Ordinance' Code is . amended to read as follows: 82- 19.002 Division and Consolidation (a) Conveyance and Division Restriction. No* person shall -divide or convey a lot or portion thereof, if this results in one or more'`lots violating the width, yarn, or setback requirements of Divisions 82 and 84, unless a variance has been granted in accordance with County Ordinance Code variance provisions (b) Land Satisfying Requirements. 'Land used to satisfy• the area, width, yard., :or setback requirements for one dwelling unit cannot satisfy those requirements for another unit. (c) '8mall Lot Occupancy. Any lot of less area or width than required by Divisions '82 and 84 may be occupied -by a 'single-family dwelling and its accessary buildings if: (l) the. yard and setback requirements of DJvissions 82 and 84 are• met, or a variance has been grant for yard and setback requirements,. and (2) the lot is delineated'` on a recorded subdivision map, or` .at the time. of the creation of the lot (as evidenced by recording date) or at any time since, the lot was consistent; in width and area with the applicable zoning district or the lot was created prior to the l Ordinance No. 92- 44 application of zoning in its location. If a small lot qualifies. for occupancy by a single-family dwelling, then prior to issuance of a building peraait,: the location, size, height and design of the proposed dwelling may be reviewed and approved orconditionally approved by the Zoning Administrator after a�pciblic hearing in order .to provide relative compatibility with and minimize impacts on the surrounding neighborhood.- (Ords. 92-,44 § 2. 79--69' § 2: prior code § 8108 Ords 1371, 1206, 9331§ 1 382.§ 9'j2j: see § 82-4.244. SECTION III.- The heading of Chapter 92-12 is amended to delete reference to merger and to read as follows's NOTICES OF VIOLATION AND CERTIFICATES OF CoM.pLIANCE' SECTION IV. Article 92-12.2 is amended to delete all references to merger and to read as _follows: 92-12.202 jZpM>ose. This chapter supplements the provisions of Government Code sections 66424.2, 66499.34, 66499.36 and 66499.36 (Subdivision Map 'Act) , pertaining `'to .notices of violation and certificates of compliance. The development of real. property in :the county which has been 'divided, or has resulted from a division, in violation of provisions of the Subdivision Map Act and this title is contrary to the public health, safety anis welfare. (Ords. 92- 44 § 4, 78-5. ) SECTION V. The heading of Article 92-12.4 and Article 92-12.4 are amended to delete all references to merger and is renumbered, to read as follows: Article 92-12'.,4 Notices of Violation 92-12.402 Knowledge. Any county official having know-ledge - of a possible violation of parcelsof 'land pursuant to the provisions of the Subdivision Map ,Act or 'of 'this title, shall. conve such information to the director of planning. (Ord 9:2- 4y4 § 5, 78-5. ) 92-12.404 Tentative violation recordation. If the director . of planning, either on his own initiative or upon investi- gation of information received`, determines that real property has been divided in violation- of the provisions of the Subdivision Map Act or of this title, the director may cause a notice of intention to record a notice of violation, setting forth the. information prescribed by Government Code section 66499.36, to be recorded with the county recorder. (Ords . 92- 44 § 5, 78--5.,) 2 Ordinance No. 92'- 44 92--12.406 Violation hearing notice. After =recording the notice of intention to record a notice of violation, and at least sixty calendar days prior to the recording of a notice of violation, the director of planning shall advise the owner of the real property, by 'mail, of the intention to record a notice and specifying 'a -time; - da-td'; :nd place' at " which the owner may present evidence .ta the 'planning commission why such notice should not be recorded. The director shall also mail a. copy of t e recorded notice of intention to the owner. (Ords. 92-.4 --5 _92_12.408 . ; Planning Commission Hearing. Upon the noticed hearing, the planning commission may wholly or partially affirm', reverse or modify the decision of the director o planning and the recordation of the notice of intention to record' a notice of 'violation. If the planning commission determines; that no violation pursuant to the Subdivision Map Act or this title has occurred, it may direct the director -of! planning to issue 'and file for the recordation a release of the notice of intention to record a notice of violation. (Ords. 92-44 § 5. 78-5. ) 92-12.410 Hoard of Supervisors ' Hearincz» Any hearing before the Hurd of Supervisors of an appeal from the planning commission as to the recordation, of a notice of intention to record a notice of 'violation shall be conducted in accordance with ,the provisions pertaining to such appeals : beforethe commission. (Ords. 92-44 § 5 78»-5. 92 -32.412 Violation Action: All departments, officials, and employees ,of the County vested with the duty or authority to .issue permits necessary to develop any real property shall; conform to the provisions of this title, and shall not willfully issue any permit or license for use or construction or any ether purpose in conflict with the provisions of this title or of* the' Subdivision Map Acti ; and any such permit or license issued in conflict therewith' shall ,be null and void Nothing in this* chapter>> shall be deemed to require the recording of a notice of violation as a condition precedent to the enforceability of any of the provisions of this title. (Orris. 92- 44 § 5, 78-5. ) SECTION Vi. , EFFECTIVE MATE, This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with ,-the names of supervisors voting fo'r and against it in the Contra Costa Times a `newspapez published in this County. 3 Ordinance No. 92-- 44 PASSED on June 9, 1992 , by the fallowing vases AYES: Supervisors Powers, ::Fanden, Schroder, Torlakson, McPeak NOES: None' ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR; Clerk of the Board and County Administrator BY i 1 eLG c tic .- Deputy Board Chair (S 4 Ordinance No. 92- 44 ,... ......,.... .....,.... :::, ...