HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-014 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 14, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None RESOLUTION NO. 97114
(GOV. CODE§ 25363)
SUBJECT: Sale of Surplus Real Property
Single Family Residence, 5183 Valley View Road
Project No. 0682-6U4328
EI Sobrante Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Board by Resolution No. 961501 dated November 5, 1996, determined that the
County owned parcel described in the Notice of Public Auction Sale attached to said
Resolution was surplus and that it was not needed for public use.
The Notice of Public Auction Sale set 2:00 p.m. on December 18, 1996, 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 $100,000 by David and Yvonne Van
Zomeren at which time the amount of$5,000 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 sign the
Option to Purchase Agreement with David and Yvonne Van Zomeren and execute a deed
to David and Yvonne Van Zomeren and cause said deed to be delivered upon perfor-
mance and compliance by the purchaser of all terms and conditions set forth in the
Agreement.
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Odd.Dept.: Public Works(RIP) , .pan a�
Contact: Pat smyers(510)313- NO*of
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cc: County Administrator
Auditor-Controller
Assessor
Public Works Accounting
RESOLUTION NO. 97/14
lkscofded at the request of.
David Van Zomeren v
Return to:
David Van Zomeren
4595 Fran Way
Richmond,CA 94803
Assessor's,Parcel No.433-190424 Title Co.Order No.
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California,
Grants to David Van Zomeren and Yvonne Van Zomeren, his wife, as Joint Tenants,
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,
CONTRA COSTA COUNTY
Dated January 14, 1997 By\JUJAjK ,rC...•►
Chair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
on January 14, 19.97 before me,
Phil Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County, personally
appeared. Supervisor Mark DeSaulnier
who is personally known to me (or proved to me on the
basis of satisfactory mWence)to be the person(s)whose
name(s) Is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in-
his/her/their authorized c apacity(ies), and that by Mather/-
their signature(s) on the Instrument the person(s), or the
entity upon behalf of which the person(s)acted,executed
the Instrument.
r
By-,
D Clerk
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Valley View Road
Parcel 1- C.C.Co.
DWG. A1371 B-96
EXHIBIT"A"
PARCEL 1 (Fee Title)
Real property in an unincorporated area of Contra Costa County, California, being a portion of the
parcel of land described in the Grant Deed to Contra Costa County recorded April 22, 1975, in
Book 7484 of Official Records at page 632, records of said County, said Contra Costa County
parcel is shown as Parcel A on the map of M.S. 75-666 filed January 19, 1967, in Book 46 of Land
Surveyors Maps at page 31, records of said County, described as follows:
Beginning at the most easterly comer of said Contra Costa County parcel (7484 O.R. 632); thence
from the Point of Beginning, along the southeast line of said Parcel, south 36037'30"west 107.58
feet;thence, leaving last said line, north 54054'12"west 116.78 feet to a point on the northwest line
of said Contra Costa County Parcel (7484 O.R. 632); thence, along said northwest line, north
36°37'30" east 110.69 feet to the northerly corner of said Contra Costa County parcel; thence,
along the northeast line of said parcel, south 53022'30"east 116.74 feet to the Point of Beginning.
Containing an area of 12,740 square feet of land, more or less.
SUBJECT TO: Covenants, Conditions, Easements, Exceptions, Reservations, Restrictions, Rights
of Way of Record, if any.
Bearings are based on the California Coordinate System Zone III (CCS27).
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Surveyors Act.
Signature.
Licensed Land Surveyor
Contra Costa Costa County Public Works
#1a Sg99
Date:
JH.jlg
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9/5/96
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OPTION TO PURCHASE AGREEMENT
1. GRANT OF OPTION.
In consideration of the sum of FIVE THOUSAND DOLLARS ($5,000.00), receipt of which Is hereby
acknowledged, CON COSTA COU ,a politi subdivision of the State of California irCounty"),
does hereby grant to v,r.l� aL � V ptionee"�}
the exclusive right and option to pu ase, on the following terms and cord tions, the real property
described as 5183 Valley Vieuv Road, EI Sobrante, California and further Identified as A.P.N. 433190-
024.
2. COMMENCEMENTT AN[O TERMINATION COATE$.
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 PERIOCO.
There may be circumstances beyond the control of the Optionse which prevent completion of the terms
and conditions within the option period. Under these circumstances,the County may, at County's sole
discretion, provide for an extension of the option period under such terms and conditions as the County
deems reasonable, if it is deemed In the best Interest of the County. No such extension shall be
effective unless it is in writing, signed by both parties. It Is understood that Optionee acquires no right,
title, interest or equity In or to said property until a deed is recorded.
4. PURCHASE PRICE.
This Agreemen gives O tionee the right to purchase the subject property for the sum of
f/,. A A" c{ i OLLARS (s -- In cash. In the event the option granted
hereunder is exercised by the Optionee,the consid ration of FIVE THOUSAND DOLLARS ($5,000.00)
paid by Optionee to County for the grant of said option, shall be applied to and shall reduce said
purchase price.
5. EXERCISE OF OPTION.
The Optionee may exercise the option granted under this Agreement by the Optiones paying the
purchase price to County prior to the termination of the option period.
All payments must be made at the Public Works Department, Real Property Division, 255 Glacier[Drive,
Martinez, CA 94553, payable to the order of Contra Costa County.
6. FORFEITURE OF OPTION OR FAIILURg TO gXERCISE OP IT ON
If O;%onee shall fait to exercise the option granted under this Agreement, the consideration In the sum
of FIVE THOUSAND DOLLARS($5,000.00)paid by Optionee to County for this Option shall be forfeited
to and become the property of County.
7. ASSIGNMENT.
This option and all rights under this Agreement shall be freely assignable, and If assigned by Optionee,
any and all acts performable by Optionee hereunder may be performed by any assignee, regardless
of whether such assignment be before or after the exercise of this option.
8. OARO APPROVAL.
The sale under this option is subject to the approval of the County Board of Supervisors. The Optionee
may not take possession of the property until a deed from Contra Costa County has been recorded.
• r
9. INFORMALITIES;,CANCELLTION OF SALE.
Contra Costa County reserves the right to waive any informality or Irregularity in any offer, or cancel the
gale at any time prior to recordingof a deed. in the event of cancellation o sale by County through no
fault, action or inaction of the Optionee, all monies deposited shall be refunded without payment of
Interest.
10. TITLE.
The right,title and Interest in the properly to be sold shall not exceed that vested in the County, and the
property Isng sold subject to all tale exceptions, restrictions, easements and reservations,whether
or not of rebid. The Optionee may obtain a policy of title Insurance at Optionee's own expense.
11. FEES AN12 TAXES.
The Option"shall pay all recording fees, documentary transfer takes,or other real estate transaction
taxes, or fees by whatever name known, Including escrow fees or broker's commission, if any, and
personal property sales taxes where applicable.
12. CONDITION OF THE PROPERTY.
Neither the County not Its agents make any warranty, guaranty or representation with respect to the
condition of the property nor does it assume any responsibility for the conformance to codes or permit
regulations of the city and/or County in which the property is located. It is the OPTiONEE'S
RESPONSIBILITY to obtain expert advice on the condition of the property and to determine and comply
with all building, planning and zoning regulations relative to the property and the uses to which It can
be put. Optionee relies solely on his own judgment,experience and investigation as to the present and
future condition of the property and as to any repairs made to it. County has provided to Optiones and
Optionee has examined the Pest Control Inspection report. Optionee hereby releases County, Its
agents and employees and any other person involved in any way with the Pest Control Inspection
report, repair of the property or sale of the property, from any claim resulting from any present or future
condition of the property.
13. $EVERABILIT_Y"
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
urisdiction Intended to enter into in the first instance.
14. INDEMNIFICATION.
As partial consideration for this Agreement, Optionee shall defend, Indemnify, protect, save and hold
harmless County, its officers,employees and agents,from any and all claims, costs and liability for any
damages,sickness, death, or injury to persons or property, including without limitation all consequential
damages, form any cause whatsoever, including the sole or joint negligence of County, its agents,
officers or employees,arising directly or indirectly from or connected with the repairs or any present or
future condition or use of the property to be sold pursuant to this Agreement, or any representations,
misrepresentations or non-representations regarding Its condition or use; and will make good to and
reimburse the County for any expenditures, including reasonable attorneys'fees the County may make
by reason of such matters, and if requested by County will defend any such suits at Optionee's sole
expense. This obligation shall survive the assignment of this option, expiration of the option period or,
other termination of the option.
15. GRANT DEED.
Upon exercise of the option and approval by the Board of Supervisors, the property shall be conveyed
by Grant Deed to: �/
(show name) r� t
(show how title to be vested)
16. DICES.
All notices and services pertaining to matters arising In connection with this transaction may be made
upon Optionee In person or by registered mail addressed to Optionee at:
(address)
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(telephone) -.5-10 6 g2 _ e4 4,Co 3
CONTRA COSTA COUNTY OPTIONEE
By: '1tik10 ---- By:
Chair, Board of Supervisors
ATTEST: Phil Batchelor, County �y: 4 ;�•---�..
Administrator and Clerk of the
Board of Supervisors
By: .. 0
Deput
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October 9, 1996