HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-252 THE BOARD OF SUPERVISORS, AS THE
GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 23, 2002, by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None RESOLUTION NO. 2002/252
Contra Costal County Flood—
ABSTAIN: None Control and Water Conservation
District Act (Section 31)
(Gov't Code § 25363)
SUBJECT: ADOPT Resolution No. 2002/ 252 approving the sale of a Contra Costa
County Flood Control and Water Conservation District surplus property,
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. [CDD-CP # 01-55]
Project No. 7520-688317
Alamo area.
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 by Resolution No. 2002/101 dated February 26, 2002, 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 2:00 p.m. on April 2,2002, at 255 Glacier Drive,
as the time and place where oral bids would be received and considered.
The Board APPROVES the Option to Purchase Agreement with Mark Nelson and
the Board Chair is AUTHORIZED to execute said Agreement. The Chief Engineer 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
deed to Mark Nelson, and cause said deed to be delivered upon performance and
compliance by the purchaser of all terms and conditions set forth in the Agreement.
LLO:eh I hereby certify that this Is a true and correct
G:\GrpData\RealProp12002-Files\BOs&RES\BR7-paseonogales.doc copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Orig. Dept.: Public Works(RIP) date shown.
Contact: L.Lucy Owens(313-2229)
cc: County Administrator ATTESTED April 23, 2002
Auditor-Controller JOHN SWEETEN,Clerk of the Board of
Assessor Supervisors and County Administrator
Public Works Accounting
Lisa Dalziel,Adm. By - , Deputy
RESOLUTION NO. 2002/ 252
Recorded at the request of
Mark Nelson
1401 Camino Tassajara
Danville, CA 94526
Return to:
Mark Nelson
1401 Camino Tassajara
Danville, CA 94526
Assessor's Parcel No. 187-110-050
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,a
political subdivision of the State of California,
Grants to MARK NELSON
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 FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Dated April 23, 2002 By:
Chrir)§oard of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On April 21 2002 before
me,John Sweeten,C erk 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 satisfactory evidence)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 capacity(les),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.
Let t�
By:
epu Clerk
LLO:eh
G.I GrpData4RealProp12002-Files102-41de3PaseoNo.doc
418102
San Ramon Creek
Excess Property
Drawing No. ED-854
Exhibit"A"
PARCEL 1 fFee Title
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of Parcel 1 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 300, 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 corner 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 62054'38"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 6205438" east 111.20 feet;
thence leaving said northerly line south 40" 05' 45" east 24.29 feet; thence south 260 07'
36" east 53.00 feet; thence south 100 55' 07" east 43.30 feet; thence south 270 08' 10"
east 100.00 feet; thence south 570 47' 27" west 34.65 feet; thence south 270 08' 16"
east 41.39 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 630 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
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
poles 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.
ALSO RESERVING THEREFROM:
IRRIGATION EASEMENT
An easement and right of way for the purpose of constructing, reconstructing, removing,
replacing, repairing, maintaining, operating and using an irrigation pipe or pipe lines,
and all necessary appliances and fixtures for use in connection therewith or appurtenant
thereto, in, under, along, and across that certain real property described as follows:
A strip of land 10 feet in width, lying 5 feet on each side of the centerline more
particularly described as follows:
Commencing at the southwest corner of said Contra Costa County Flood Control and
Water Conservation district Parcel (18780 OR 300); thence from said Point of
Commencement, along the westerly line of said parcel, north 24058'07" west 21.47 feet
to the Point of Beginning. Thence leaving said westerly line, north 40°58'00" east 77.28
feet to the point of terminus.
Containing an area of 773 square feet of land, more or less.
PARCEL2 (Access and Utility Easement)
Right of way granted in the deed to Kenneth J. Samuels, recorded August 14, 1989 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
poles 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 111.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land.S w4pyors Act
Signature: njD
Licensed Land Surveyor ` S �s A.
Contra Costa County Public Works
EXP 9/30/03
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Parcel Number: 187-110-050 Optionee: Mark Nelson
Project Name: Sale of Surplus Property Address: 1401 Camino Tassajara, Danville
1456 Paseo Nogales, Alamo
Project Number: 7520-6138317
OPTION AGREEMENT BETWEEN TIME CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
AND MARK NELSON
(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 a part hereof,
and further identified as A.P.N 187-110-050, hereinafter referred to as the "Property."
b. District proposes to sell the Property. 1456 Paseo Nogales, Alamo
C. Mark Nelson ("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 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 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.
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 Six Hundred Four Dollars ($604,000.00). 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 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 Contra 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 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.
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)313-2229
Fax: (925) 313-2333
Optionee: Mark Nelson (Name)
1401 Camino Tassajara (Address)
Danville, CA 94526
(925) 831-9669(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 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 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 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.
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 COONTY
FLOOD CONTROL AND
WATER CONSERVATION DISTRICT OPTIONEE
L
By Y
B
ha r, Board of Supervisors
ATTEST: John Sweeten,Authority By
Administrator and Cleric of the Board
of Supervisors
By
'Depulyff
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 Descriptio
No:
01 t0211''ASEONOGALES
10!30/01