HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-028 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 January 14,2003,by at least a four-fifths vote:
AYES: SUPERVISORS GIOIA, UILKE'MA, GERBER, GLOVER, AND DESAULNIER
NOES: NONE
ABSENT: NONE
RESOLUTION NO. 2003/ 28
Contra Costa County Flood Control and Water Conservation District Act(Section 31)
(Gov't Code§ 25363)
SUBJECT: ADOPT Resolution No. 2003/ 28 approving Notice of Intention to sell the District's surplus real
property identified as a 0.23-acre portion of Assessor's Parcel No. 007-100-010 located near Spyglass
Drive on Monterey Court.
Brentwood Area
[CDD-CP02-14j Project No. 7505-6F8325
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 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 post in three
(3)public places in the County for that period,pursuant to Government Code section 25363.
The Board sets February 11, 2003, at 11:00 a.m., at 255 Glacier Drive, Martinez, California, as the time and
place where oral bids will be received and considered.
DB:eh I hereby certify that this is a true and correct
G:tCrpData\RealProp\2002-F"iles\BOs&RES\HRS Spyglass Drive.doc copy of an action taken and entered on the
orfs.Dept.: public works(RP) minutes of the Board of Supervisors on the
Contact: O.Baker,Tel.313-2224 date shown.
cc: p/W Accounting
County Administrator ATTESTED: JANUARY 14, 2003
Assessor JOHN SWEETEN,Clerk of the Board of
Auditor-Controller Supervisors and Cou . Administrator
Community Development Dept
Engineering Services—Environmental
T.Torres,Environmental BY ,Deputy
Board Orders Senior Clerk,Adm.
RESOLUTION NO. 2003/_22_
NOTICE OF INTENTION TO SELL REAL PROPERTY
Contra Costa County Flood Control and Water
Conservation District Act (Section 31)
(Government Code § 25363)
The County Real Property Division will sell at public auction to the highest responsible bidder, the land-
locked residential lot hereinafter described:
A vacant 0.23-acre portion of Assessor's Parcel No. 007-100-10 near Spyglass Drive on Monterey Ct. in
the Brentwood area.
The auction will be held in Conference Room"A",255 Glacier Drive,Martinez,California,on February 11,
2003, at 11.00 a.m.
Terms and Conditions of Sale are available at the office of the County Real Property Division, 255
Glacier Drive, Martinez, California 94553, or may be requested by phone to be mailed by calling
31:3-2220.
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
BY �.
D pe uty itlerk
RESOLUTION NO. 2003/ 28
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Re: Notice of Intention to sell the)
District's surplus real property )
Identified as 0.23-acre portion of) CERTIFICATE OF POSTING
APN. 007-100-010 located near )
Spyglass Drive on Monterey Crt.)
Brentwood Area [CDD-CP02-14])
Proiect No 7505 6F8325 )
I certify that I am now, and at all times hereinafter mentioned have been, a
citizen of the United States and not a party to the above-entitled matter and not
interested therein nor in the event thereof; and that on Tuesday, January 21, 2003, 1
posted a full, true and correct copy of Resolution No. 20031_Y
at the following locations:
Contra Costa County Administration Building
651 Pine Street, 1st Floor
Martinez, CA 94553
Contra Costa County Finance Building
625 Court Street
Martinez, CA 94553
Contra Costa County Superior Court
725 Court Street
Martinez, CA 94553
1 declare under penalty of perjury that the foregoing is true and correct.
Dated: January 21, 2003, at Martinez, California.
usan Gohs, D ty Clerk
GAGrpData\Rea1Prop\Donna Murdock\CE.11_brentwood_6F8325.doc
NOTICE OF
PUBLIC LANG SALE
Option to Purchase
Auction Sale
DATE: February 11, 2003
TIME: 11:00 A.M.
PLACE: Public Works Department
Conference Room "A"
255 Glacier Drive
4i Martinez, CA 94553
PROPERTY LOCATION: On Monterey Ct., Brentwood
PROPERTY DESCRIPTION: 0.23-acre vacant land-locked parcel.
PROPERTY INFORMATION: Assessor's Parcel: A portion of 007-100-010
Size: 0.23-acre
Zoning: unzoned; planned PD-20
Utilities: Water, sewer, gas and electric,
telephone available nearby.
MINIMUM BID: $100,000
OPTION DEPOSIT AMOUNT: $10,000 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
Contra Costa County Board of Supervisors.
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
REAL PROPERTY DIVISION
255 GLACIER DRIVE, MARTINEZ, CA 94553
For additional information, call Debra L. Baker Supervising Real Property Agent at
(925) 315-2224 Monday through Thursday between 8:00 a.m. and 5:00 p.m.
C:kGrpData\RealProp\2002-Fi%s\02-12\ uctlonNotice Brentwood.doc
December 30,2002
Lys'z �."` t��F ����� � .{ v
`r
� k
< �. � tr! '� w u
r � s r _ * � ,wY l'
t � t
�� �..+tw:��=4skx,:
� ! :•
w
•
T.
•� a
n
♦ •
i
!'+ �
t
♦4 �
w � *1
«s �
4' � # �P
,� ` � � -.
4
.. r
•`
.`"�F�'M?..
� � t
#. �
•
�• * � ��
• �
* A� .�
i
��
� ��� �
4
� t �
�{
� ♦ �
s x �� �* * t s
• � ,r
"a
� X'
" r
* t �
��
.�
r
•
e
f * s
A �
# y
�i
1
� �
i
��
ORAL BIDDING
In order to participate In the bidding procedure a CASHIERS CHECK,CERTIFIED CHECK,OR MONEY
ORDER, In the amount of $10,000.00 must be deposited with the auctioneer prior to the start of
bidding. No exceptions.
Bidding will open at the $100,000.00 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
to leave with the auctioneer their$10,000.00 non-refundable deposit in the form of a CASHIER'S CHECK,
CERTIFIED CHECK OR MONEY ORDER.
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 applicable legal 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,
G:\GrpData\RealProp\2002-Flles102-12tAucdon0ralBidding.doe
IWO=
Parcel Number: portion of 007-910-040 Optionee:
Project Name: Sal of Flag Lot Address:
Project Number: 7505-6F8325
OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY
FLOOD CONTROL &WATER CONSERVATION DISTRICT AND THE
OPTIONEE NAMED HEREIN
(Not to be Recorded)
1, Recitals.
a. CONTRA COSTA COUNTY FLOOD CONTROL & 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" and
shown on Exhibit"B" attached hereto and made a part hereof, and further identified
as a 0.233 portion of APN 007-110-010, 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 goveming 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 eadlest 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.
1
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 Ten Thousand Dollars ($10,000.00) upon the terms
and conditions outlined herein, said amount to be credited to the Purchase Price of
the Property ("Option Consideration"). The Option Consideration shall be paid before
the date this Agreement is approved by the Board of Supervisors. The Option
Consideration shall be paid at the Public Works Department, Real Property Division,
255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County.
b. Retention of Option Consideration. Except as provided in Section 10 below, all
Option Consideration paid to or on behalf of District shall belong to District and be
retained by District,whether or not Optionee ultimately exercises its right to purchase
the Property. District shall have no obligation to account for the Option Consideration
to Optionee.
6. Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at Districts option the sale may be
consummated through an escrow at a title company to be selected by District ("Title
Company"). In such case, Optionee hereby authorizes District to prepare and file
escrow instructions with said Title Company on behalf of Optionee in accordance
with this Agreement. Escrow shall be deemed to be closed and the Property shall be
deemed to be conveyed on the date the deed to Optionee is recorded ("Closing
Date"). All escrow fees, recording fees, documentary transfer taxes or other real
estate transaction taxes or fees, by whatever name known, including broker's
commission, if any, and personal property sales taxes where applicable, will be paid
solely by Optionee. If title Insurance is desired by the Optionee, Optionee will be
solely responsible to pay the premium charged therefor.
b. Purchase Price. The purchase price ("Purchase Price")for the Property during the
Option Term Is the sum of Dollars ($ ). 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 Flood Control&Water Conservation District.
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
District Board of Supervisors. The Optionee may not take possession of the Property
until a deed from the Contra Costa County Flood Control & 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 Optlonee is recorded.
2
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. Informalitles; 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.
3
(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:4
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 Flights.
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.
4
16. 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 Partnomhlp.
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 COUNTY FLOOD CONTROL
&WATER CONSERVATION DISTRICT OPTIONEE
By By
Chair, Board of Supervisors
ATTEST: John Sweeten,Authority By
Administrator and Clerk of the Board
of Supervisors
By
Deputy
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
DLB:eh
G,1GrpDataNRealProp\2002-Files\02-12\SA3a Sale Flag Lotdoc
12/30102
6
Dry Creek Dam
C.C.C.F.C.&W.C.D.Flag Lot
Excess Land
EXHIBIT"A"
LEGAL DESCRIPTION
All that certain real property situated in the City of Brentwood, Contra Costa County,
California,being a portion of the Contra Costa County Flood Control and Water
Conservation District parcel described in the deed recorded on August 28, 1964,in Book
4692,Page 455,Official Records of said County,said property more particularly
described as follows:
BEGINNING at the southeastern terminus of the northeastern line of lot 33,as said lot is
shown on the Final Map entitled"Subdivision 8310,Deer Ridge Village Lots",filed in
Book 427 of Maps,Page 29,Contra Costa County Records, said terminus also being a
point on the generally northwestern line of said District parcel; thence along said
generally northwestern line,generally eastern line and generally southeastern line of said
District parcel the following five courses: 1)North 45°50'19"East 94.19 feet; 2)North
43058'41"West 94.16 feet; 3)North 45'50'19"East 80.00 feet;4) South 43*58'41"East
109.16 feet; and 5) South 45150'19"West 174.28 feet; thence North 43038126"West
15.00 feet to the POINT OF BEGINNING.
Containing 0.233 acres (10,146 square feet),more or less.
See EXHIBIT B "Plat to Accompany Legal Description"attached hereto and made a part
hereof
End of Description
,LAND
I"La Nmm
C
\\OISRVOI\DATA\Projects\5021DocuTnentsNLLA&Legal Desc&Closures\CCCFCD_FLAGl.doc
LOT 2
427 M 29 LOT 21
427 M 29 .
.4 QN0
LOT 34 So Im-m
c' 10 427 M 29 * WLB#em
• cr►u�
-- � i LINE BEARING DISTANCE
Lar 22 L1 N35'24 45 E 58. 00
427 M 29 t#i s �$ L2 N10'31' 34 E 10. 42
L3 N82#124' 34 W 19. 37
L4 N42`56' 32'E 85. 161
L5 N80.31' 46'W 60. 15
•� ' ' L6 N7$' 16 37 W 75.59
L7 N63'02 59 W 76. 01
L8 N45'32 13 W 86. 19
! L9 N43'38 26 W 122. 75
�. L10 N43`38 26 W 53. 96
COMA CMA CWWy Li l N43'38 26 W 15. 00
.. � ,d AM L13
N43"38 26 W 53. 79
WATER CONRERVAT'M L 1 N85 28 41 E 73. 50
C�5'TR�CT L!44 N85 25 12 E 70. 08'
L15 N79i 53 50 E 57.03
4692 OR 4W L16 N71'04' 17 9E 56. 92
•y1`" ' _
L17 N63' 12# 13'E 51. 73
4 L18 N52'45 10 W 15. 17'
1
R CURVE RADIUS LENGTH DELTA
02 C2 470.00 236. 02 28'46 22
150 75 0 150 300 450 C3 20. 00 28. 85 82-38' 45'
C4 20.00 28. 85 82'38 45
C5 355. 00 108. 63 17'31 58
SCALE IN FEET C6 20. 00 31. 42 90'00 00
PLAT TO ACCOMPANY LEGAL DEscRlPTIONAM WORLDWIDE INC. DMO° ST
AIT
EXHIBIT "B" CIVIL ENGINEERING•LAND SURVEYING CHECKED. �A-
PLANNING scu. 1"-1,JV
111 CENTER AVE. • SUITE F•PACHECO+CA•94553 DATE; OCT 2002
MAILING ADDRESS•P.O. BOX 6327• CONCORD•CA• 94524 SHEET
1NOO..
BRENTWOOD CONTRA COSTA COUNTY CAUFORNIA (925)686-9890•FAx (925}6s6-9893 JOB NO. 200004