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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-165 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 8, 1997, by at least a four-fifths vote: AYES. Supervisors Rogers , Uilkema, Gerber, Canciamilla, Desaulnier NOES: None ABSENT: None RESOLUTION NO. 97/165 (Gov't Code -4 25363) SUBJECT: Resolution of Intention to Sell County Surplus Real Property Single-Family Residential, 2616 Main Street CDD - CP #97-14 Project No. 4660-5X4208 Oakley Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of land, acquired for highway purposes, 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 Wednesday, April 30, 1997, 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 project is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County Guidelines and Section 15312 (a) and (b) 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 the $25.00 handling fee to the County Clerk for filing of the Notice of Exemption. K rs t Ju 02 rrlr N a erw rb oerrref of gg:lreelprop1br51ub.t3 0n woe► trkin OW WvWW on ft n►Yww o aw rig.[dept.: Public Works(RP) Dowd of suprl v"M on fhb d a sbo ft Contact: Karen Laws(313-2228) xff0Tw�Anrz�# 1992 cc: PM Accountingw�f� COW*of" Design Div.,Attn.: J.Olsen County Administrator Assessor y a•w�► Auditor-Controller Community Development Dept RESOLUTION NO. 97/ 165 :TY NOTICE Ot._ 4TENTION TO SELL REAL PROF (Government Cade § 25363) The County Real Property Division will sell at public auction to the highest responsible bidder, the residential property hereinafter described: 2616 Main Street, Oakley, CA 94561 Assessor's Parcel No. 037-123-062 The auction will be held at 255 Glacier Drive, Martinez, California, on Wednesday, April 30, 1997, at 2:00 p.m. Terns 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 313-2220. The County 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 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator April 8, 1997 By Dep ty ler c KL:Io gArealpropltemp\br5lub.0 (Form updated 2/97) RESOLUTION NO. 9'7/165 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 fine Street, 4th Floor- North "Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone:(510) 313-2296 Contact Person:Vickie Germany - Public Works Deot. Project Description, Common Name(if any)and Location: Sale of Surplus Property-2616 Main Street, Oakley, County File #CP 97- 14:The project consists of the sale of surplus property which consists of an approximately 10,000 square foot(sq. ft.) parcel. The parcel is improved and contains an approximately 1,000 sq. ft. single- family residence with a detached garage and shed. The parcel was acquired for the Highway 4 widening project which has been completed. Therefore,the Transportation Engineering Division has determined the parcel is no longer needed for road purposes. The property is located in a residential neighborhood at 2616 Main Street, Oakley, in eastern Contra Costa County. This project is exempt from CEQA as a: — Ministerial Project(See. 15268) i Cather Statutory Exemption,Section Declared Emergency(Sec. 15269(x)) — General Rule of Applicability(Section 15061(b)(3) _ Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, _Class 12 for the following reason(s): The house is surplus government property which is not in an area of statewide, regional, or areawide Concern as identified in Section 15206 (b)(4). However, if the properties were located within these areas, their sale would be exempt if the properties comply with the conditions listed in the CEQA Guidelines Section 15312 (a) and (b). Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING 1 declare that on I 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. 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I r F- X W n1 0 i @ I m ILn Cc � V- Q w ak^0 • y5 p "r CMO •''..J� � � , - _ �-..MI.l.ElkWlr �,,•--• E � � !1 .s.SM lkvm S3-18VH0'2 alr.y S+ r r+ irrn-...r t!•i� � mi r. M !m, is +1; Ym i'!! 5'tr :ai p�• qa ra.r '.h d` 0 It 'at W 5•� E f�) Q/�`� ,� i� 4 fi'' g �5`� � fe'+a r •� 6y .a.fir.w •r � t '� ti,:J �::/ " '°•j ni ° �. a ryi 'w w • 6 ♦; 1m ml � �� � �♦ •' m �` oi' pry vy. v NOT TO SCALE NOTICE OF PUBLIC LAND S P C0 q Option to Purchase Auction Sale of Improved Residential Property IFO�Nti DATE: April 30, 1997 SURPLUS TIME: 2:00 p.m. LAN D PLACE: Conference Room "A" 255 Glacier Dr., Martinez, CA 94553 PROPERTY LOCATION: 2616 Main Street, Oakley PROPERTY DESCRIPTION: Single-story,two bedroom/one bath,single family residence. Kitchen is equiped with a gas range and dish washer. Dining area, living room,family room,detached two cargaragewith a washerand dryer (condition unknown) and shed. The house is on septic tank and being sold "as is." A pest inspection report has been prepared. Information is available at the open house and at the Public Works Department. House: 1,111 sq. ft. Garage: 572 sq. ft. Shed: 113 sq. ft. Lot: Approximately 8,000 sq. ft. PROPERTY INFORMATION: Assessor's Parcel: 037-123-062 Zoning: R-8 Utilities: All utilities are in and available Property Taxes: Not currently taxed -will return to tax roll upon sale. The house may be inspected on the following dates and times: Saturday, April 19, 1887 from 10:00 A.M. to 2 P.M. Wednesday, April 23, 1987 from 1:00 P.M. to 5 P.M. Saturday, April 26, 1997 from 10:00 A.M. to 2 P.M. MINIMUM BID: $75,000.00 OPTION DEPOSIT AMOUNT: $5,000.00 in the form of a CERTIFIED CHECK, CASHIER'S 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 Karen Laws at (510)313=2228 Pi. ,J'ECT LOCATION N two r N Y f Dn r- APN 037-123-062 t� cn Jto be sold \ J J AVM NYa.,6N.•l•tM < ..lr.iN 83WH vr�ru L i LLJ cr . i � At 4f y'M � �Y fif i M.f1,rON ~' rw,N YYY•Y ry�' +r��n©.���� d�'�CJ r.w,r+.•N r� Arte .r.r 3Nd`i tl°+ )I�O�� ta4• ..._'" ''�:J w�` VJ 'ate,/ •_ '.4 '�/� �' O V /rr lr kf } � h'1 '� l�'F .•7 .N ,ll.Nr.f.!! i.tlN I til`."..'..�1 -, •i1 � r,.f U- L-G) (.' o z 'i .0 er N.'u yr r+ � w,r rr .rr ra'1. .y� l\ ..s trM •'Y�•+.ffs-, \l'm.i..t.rr.\r .•- .ta.rv. •i esi•i. .. .i � �rt.r V r NN4t,.\ 133HIS NUUM ip� 3 ,.\ stYa•l,�:.re.rx t . .rar.tlN ; +' f+ws \« 7- 0 .° .srl•.2 y �F y\ 'u r\•.+ rr•sr Sr�. f.is Q ^�+E � r� !r�/"y�r� iti i Y:1 � d � b M +r� b � L •�r � N • � W w UJ co Ln v Lu LJ wcr LWL Lo ti N �'i• b Iy' LLI O S S �_ w tl Y Y ,al.r.:swr r, ,�•�., Q .. ,rf.l\. r'af d a • rg�(e�•� t�y'f3(w.\ 1 m �. if'r! F kr tr•i tllll-.a•tr,rs.li e 4 * \� (/�^yy 3 •• .t,as.+..lf c •th �l y 4 RVM S3_I8dH3z `"'i •r ,•r yr rd r.1 a+..li ltl if rri O� r'sr i`ir , 4{ ¢a ir.i �` fi b�✓" Y °.ti. (r.} �a y-/d`ti'�w 9 r �i�.'t). � g'`:.! '�' $�i q � ti S r �� .rr• _® .�,..! ��� +e .:, Zy ~� a�-.Six '' Nm � � \ :�. •�• ^t L _ N u i :t iAt V it N `V ii'Yr, yy ~o• r tea { ? (/�yt v '` •. � �� �:.! +r F� � � • i -S, ..��'�.._ .:'/./.,..........,a.�,4«.e:,1t,631ra3.i�iti�. �y Y NOT TO SCALE QRAL BIDDING Bidding will open at the $75,000.00 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 deposit in CASH, CASHIER'S CHECK, CERTIFIED CHECK QR MONEY ORDER, THE MINIMUM NON-REFUNDABLE $5.000.00 BID DEPOSIT. BID ACCEPTANCE Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors by Resolution authorizing and directing the execution of the deed. BID REJECTIONS The County reserves the right to reject any and all offers and waive any informality or irregularity in any offer or to accept any offer deemed in the best interest of the County, or to withdraw the property from the sale. BIDDER DEFAULT In the event that the high bidder fails to exercise his or her Option within the Option period or defaults in completion of the safe, the County may, at its discretion, offer the Option to the second highest bidder. If the second highest bidder accepts the offer, the deposit requirement and terms of Option to Purchase shall be the same as stated in this notice of sale, except that the Option period shall commence upon acceptance by the Board of Supervisors. CLOSING TRANSACTION Successful bidder will have the Option period of 30 days after bid acceptance to complete the transaction under the TERMS OF OPTION TO PURCHASE, attached hereto. In the event any term or condition in the agreement conflicts with or violates any statutory requirements in the sale of public property, then only that part or portion of this agreement so conflicting shall be amended to conform with any applicable legal requirements at the time. All County employees may -J to acquire surplus County proper.,:; except employees who have direct access to information not generally available to the public or who influence the purchase or sale of right of way or other real property. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED. KL:b Wlub.0 Wreh 24,1997 OPTION TO PURCHASE AGREEMENT 1. GRANT OF OPTION. In consideration of the sum of ($ ),receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California ("County"},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.037-123-062. 2. COMMENCEMENT AND TERMINATION DATES. The option granted under this agreement shall be exercisable for a period of sixty(60)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 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 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 Five Thousand ($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 shall be exercisable by the Optionee 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 OPTIONOR FAILURE TO EXERCISE OPTION. If Optionee shall fail 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. 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 has been recorded. 9. INFORMALITIES:CANCELLATi N O SALE. Contra Costa County 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 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 property to be sold shall not exceed that vested In the County,and the property Is being sold subject to all tittle exceptions,restrictions,easements and reservations,whether or not of record. The Optionee may obtain a policy of tittle 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 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. 13. SE!&RABILITY. 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 County,ks 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 soli 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) (show how title to be vested) 16. NOTICES. Ali 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) t (telephone) CONTRA COSTA COUNTY OPTIONEE By: By: Chair,Board of Supervisors ATTEST: Phil Batchelor,County Administrator and Clerk of the Board of Supervisors By: Deputy SA31ub.t3 March 25,1997