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Home My WebLink AboutRESOLUTIONS - 01011997 - 1997-271 10. Y THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 20, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Ganciamilla, DeSaulnier NOES: Ione ABSENT: Supervisor Gerber RESOLUTION NO. 97/271 (GOV. CODE § 25363) SUBJECT: Sale of Surplus Real Property 2616 Main Street Project No. 4660-6X4206 Oakley Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board by Resolution No. 97/165 dated April 8, 1997, determined that the County 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 2:00 p.m. on Wednesday, April 30, 1997, at 255 Glacier Drive, Martinez, Ca., 94553 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 $75,000 by Conrad I. Diaz and Shirley A. Bunney, 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 execute a deed to Conrad I. Diaz and Shirley A. Bunney, as joint tenants and the Option to Purchase Agreement with Conrad L Diaz and Shirley A. Bunney, and cause said deed to be delivered upon performance and compliance by the purchaser of all terms and conditions set forth in the Agreement. KAL:gpp g:trealpropl97-51br7Diaz.wpd Orig. Dept.: Public Works(R/P) t 411 „ oft a a trtw and cast �1 is end entered nn the mYN*ey Contact: Daren A. Laws (510) 313-2228 �^ an the emta s cc: County Administrator OT Auditor-Controller Morand MitMr Assessor Public Works Accounting RESOLUTION NO. 97/271 Recorded at the request of: Return to: Conrad 1. Diaz Shirley A. Bunney 5198 Robert Way Oakley,CA 94561 Assessor's Parcel No. 037-123-062 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 CONRAD L DIAZ and SHIRLEY A. BUNNEY, 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 May 20, 1997 Chair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On May 20, 1997 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Agministrgtor, Contr o%a reoVnty, personally appeared uperv�sar Mar au neer who is personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) Is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/- herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. By. 1 Deputy r KAL:gpp g:Vealprop\97-4\DE3Diaz.wpd April 30, 1997 Excess Property Drawing A7182C-97 APN 037-123-062 EXHIBIT "A" A portion of the Southwest 1/4 of the Southwest 1/4 of Section 23, Township 2 north range 2 east Mount Diablo Meridian, being a portion of the parcel of land granted to Contra Costa County recorded December 19, 1994 as series number 94-296969, Contra Costa County, California described as follows: Commencing at the southwest corner of said Section 23; thence south 89054' east 965.75 feet; thence north 0°12' east 50.00 feet to the Point of Beginning; thence from said Point of Beginning north 0°12' east 80.00 feet; thence south 89"54' east 100.00 feet; thence south 0°12' west 80.00 feet; thence north 89°54' west 100.00 feet to the Point of Beginning. Containing an area of 8,000 square feet of land more or less This real property description has been prepared by me or under my direction, in conformance with the Profession u ,�LANO SU Signature. zwy�y kensed Land Surveyor ' Contra Costa County Public Works /-00 Date: - IS- ` `i No. 5995 g:\clericaftexhibits\ExcessM xcess.t4 April 14, 1997 1 I POR. S SEC2� T21V, F E /// T DIA LO MERIDIIAN SUBDIVISION 6634 (D 306 M 23 47LSM30 9-11-86 4-12-67 C 50 Q V) oc 51t� +- o L L 52 4,W LAI 0 53 0 0 7036 O.R. 815 zco z a 0 8.000_NRq0 20.00 12.00 T.2N., R3E N89054'E SEC SEC N0012W 30.00' SEC SEc `;-` 589°54'E 965.75' 22 22 State Route 4 ( Main Street ) CONTRA. COSTA. COUNTY PUBLIC WORKS DEPARTMENT MARTINEZ CALIFORNIA ROAD NO. State Route A lnstr Excess PropertySale Recorded Series SCALE I' = 50' DATE 3-26-97 DWg. /renofs/420897/rw4 0897 001 DRAWN BY PP FILE NO. CHECKED BY r z A 718 2 C-9 7 OPTION TO PURCHASE AGREEMENT 1. GRANT OF OPTION. In consideration of the sum of La . 7",�.t7(Z.ut�tc/ {$ „�"�g2 6 _),receipt of which is hereby acknowledged, CONTRA COS ghng J pow cal subdivision of the State of California {"County'},does hereby grant to ("Option**")the exclusive right and option to purchase,oterms and�rtions,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. COMCEN MENT AN12 TERMING N DATES- The option grand under this agreement shall be exercisable for a period of sixty(60)days beginning on the flret day following the approval of this option by the Board of Supervisors. 3. EST):NSION OF OPTION PERIL!®. There may be circumstances beyond the control of the Options*which prevent completion of the terms and conditions win 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. PVRQHASE PRICE. TIAs Agreement gives Optior�e ,e the right to purchase the subject property for the sum of n±�-r-`it -,, 4-)-Cd 33 DOLLARS($_ n, )In cash. In the event the option granted hereunder 'B exec by the Optionee, the consideration of Five Thousand ($5,000.00 paid by Optionee to County for the grant of sold option,shall be applied to and shall reduce said purchase price. 5. EXERCISE OF OPTION, The Optlonee 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 Costs County. 6. EORFEIfiURE OF OPTION QR FAILURE IQ EXERCISE OPT QN, If Optionee shall fall to exercise the option granted under this Agreement,the consideration In the sum of Five Thousand Dollars(55,000.00)paid by Optiones to County for this Caption 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 Option", any and all aft performable by Opdonee hereunder may be performed by any assignee,regardless of whether such assignment be before or after the exercise of this option. ti. SOARD APPR9Y.6L. The sale under this option is subject to the approval of the County Board of Supervisors. The Optleonee may not take possession of the property until a deed from Contra Costa County has been recorded. I g. INFORMALITIES:CANCELLATI N OF 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. Jffj& The right,We and Interest in the property to be sold shall not exceed that vested th the County,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 Optlones'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 cedes 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. Option"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. SEVERABILITY. Should any part,term,portion,or provision of this Agreement be finally deeded 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,IB officers,employees and agents,from any and all claims,Costs and liability for any damages,sickness,death,or injury to persons or properly,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,includi%l reasonable attorneys'fees the County may make by reason of such matters,and If requested by County will defend any such sults at Opdonee's sole expense. This obligation shall survive the assignment of this option,expiration of the option period or other termination of the option. IS. GRANT DEED. Upon exercise of the option and approval by the Board of Supervisors,the property shall be conveyed by Grant Deed to, COvv s J of e � -�t KcL ft -s (show name) (show how title to be vested) 16. NTIQ 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) ( ) 6 �Q- Ci1S `" (telephone) CONTRA COSTA COUNTY OPTIONEE Chair, Board of Supervisors ATTEST: Phil Batchelor,County Administrator and Clerk of the Board of Supervisors iY) c) 1 9't 7 Deputy SA3tub.t3 khrrehh 25,1997