Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-51 THE BOARD OF SUPERVISORS • CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 27, 2004 by at least a four-fifths vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE.. RESOLUTION NO. 2004151, ABSTAIN: NONE (Gov't Code § 25363) SUBJECT: ADOPT Resolution No. 2004! 51 approving Notice of Intention to Sell County surplus property, a vacant commercial lot located on the southwest corner of Willow Pass Road and Goble Drive on the north side of Highway 4. [CDD-CP# 94-78]. APN 0397-150-012 Bay Point Area. District V. Project No. 0662-6R4332 The Board Of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of vacant 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 termsand 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 APPROVE© 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, March 17, 2004 at 11:00 a.m., at 255 Glacier Drive, Martinez, California, as the time and place where oral bids will be received and considered. The Board reviewed and approved the project on June 18, 1996,and determined the project to be exempt from the California Environmental Quality Act as a Class 12 Categorical Exemption. A Notice of Exemption was filed July 9, 1996. This activity has been found to conform to the County's General Pian, CP:eh G:tGrpDatalRealProp12004-Files\BOS&RES19R5 Goble.doc 1 hereby certify that this is a true and correct Orig. Dept.: Public Works(RP) copy of an action taken and entered on the Contact: Carla Peccianti,Tel.(925)313-2222 minutes of the Board of Supervisors on the cc: PJW Accounting date shown. County Administrator Assessor ATTESTED: JANUARY 27, 2004 Auditor-Controller JOHN SWEETEN,Clerk of the Board of Community development Dept Supervisors and County Administrator Engineering Services—Environmental L. Dalziel,Clerk Specialist,Adm. By Deputy Deputy RESOLUTION NO. 20041 51 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier give Martinez, CA 94553 NOTICE OF INTENTION TO SELL REAL PROPERTY (Government Code § 25363) The County Real Property Division will sell at public auction to the highest responsible bidder,the vacant commercial lot hereinafter described: Assessor's Parcel No.097-150-012, located on the southwest corner of Willow Pass Road and Goble Drive on the north side of Highway 4. The auction will be held at 255 Glacier Drive, Martinez, California, on Wednesday, March 17, 2004 at 11:00 a.m. Minimum Bid: $600,000. 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 (925) 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. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By , Deputy Publication Dates: RESOLUTION NO. 2004/ NOTICE OF PUBLIC LAND SALE Option to Purchase 1 Auction Sale DATE: Wednesday, March 17, 2004 TIME: 11:00 A.M. PLACE: Public Works Department Conference Roam "A" 255 Glacier Drive Martinez, CA 94550 PROPERTY LOCATION: Southwest corner of WillowPass Road and Goble Drive, on the north side of Highway 4, in the Bay Point area. APN 097-150-012 PROPERTY INFORMATION: Size: 2.91± acres, vacant site General Plan: Commercial ;(CO) Zoning: Planned Development (Commercial) Utilities: Water, sewer, gas, and electricity available. Taxes: Not presently taxed, will return to tax rolls after sale. MINIMUM BID: $600,000.00 OPTION DEPOSIT AMOUNT: $20,000.00 in the form of a certified check, cashier's check or money order (no personal checks). OPTION PERIOD: 60 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 Carla Peccianti, Senior Real Property Agent, at (925) 313-2222 or(925) 313-2220, Monday through Thursday, between 7:00 a.m. and 5:00 p.m. Gpeccian@pw.co.contra-costa.ca,us G:\GrpData\RealProp\Caria\surplus land sales\AucbonNcticeGoble.doc January 12,2004 NOTICE TO BIDDERS The sale property is an oblongshaped p parcel containing approximately 1.87 acres. The parcel was assembled from the remaining land acquired in connection with the improvements and realignment of Willow Pass Road interchange to Highway 4. The site contains no trees or structures. All public utilities are available along Evora Road. The subject property has a General Plan designation of Commercial with a Zoning designation of Planned Development (Commercial). The parcel is located in the Bay Point area of Contra Costa County. Maureen Toms of the County should be contacted at (925) 335-1250 for questions related to planning. The County is selling the property "Where is, as is", and it is the responsibility of the prospective bidders to satisfy himself/herself as to any risk associated with the property, now or in the future. G:tGrpOata\ReaCProplCaria\NoticetoBidders evora.doc January 12,2004 URAL BIDDING In order to participate in the bidding procedure a CASHIER'S CHECK CERTIFIED CHECK OR MONEY ORDER in the amount of$20,000 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the$600,000 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 $20,000 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 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 sale, 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 60 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 bid to acquire surplus Count direct access to information not generally available to the public or whor property, thetpur chase or sale loyees who have rriight of way or other real property. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED. G:1GrpDatalRealProplCarlatsurplus land salesloramiddingGobel.doc January 12,2004 OPTION AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY, a political subdivision of the State of California ("County"), is the owner of certain real property described in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property." b. County 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 ("Effective Date"). 3. Grant of Option. County 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 shalt expire or terminate on the earliest of the following dates: a. Option Term. Sixty (60) days following the Effective Date, unless during said sixty- day period District agrees in writing to extend the Option Period. b. Extension of Option Period. County, 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 County believes is reasonable, if County, 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 County the sum of Twenty Thousand Dollars ($20,000.00) upon the terms and conditions outlined herein, said amount to be credited to the Purchase Price of the Property ("Option Consideration"). The Option Consideration shall be paid before the date this Agreement is approved by the Board of Supervisors. The Option Consideration shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. b. Retention of Option Consideration. Except.as provided in Section 10 below, all Option Consideration paid to or on behalf of ounty shall belong to County and be retained by County, whether or not Optionee ultimately exercises its right to purchase the Property. County shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. If the Optionee exercises its Option, at County's option the sale may be consummated through an escrow at a title company to be selected by County ("Title Company"). In such case, Optionee hereby authorizes County to prepare and file escrow instructions with said Title Company on behalf of Optionee in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shall be deemed to be conveyed on the date the deed to Optionee is recorded ("Closing Date"). All escrow fees, recording fees, documentary_transfer taxes or other real estate transaction taxes or fees, by whatever name known, including broker's commission, if any, and personal property sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the Optionee, Optionee will be solely responsible to pay the premium charged therefor. b. Purchase Price. The purchase price ("Purchase Price") for the Property during the Option Term is the sum of Dollars ($ _ _ ). 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 54553, payable to the Contra Costa County. C. Title; Grant Deed. The right, title and interest in the Property;to be conveyed by County pursuant to this Agreement shall not exceed that vested in the County. 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 has been recorded. If the Optionee exercises its Option, upon approval by the Board of Supervisors, the County 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 County before the expiration of the Option Term, written notice of the exercise ("Exercise Notice")and payment of the Purchase Price to the County. 2 8. Condition of the Property. Neither County, 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 County within which the Property is located. If Optionee exercises this Option, Optionee will accept the Property in an "as is,, condition. County 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 County 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. County 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 County, 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: 3 County: Real Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn. Carla Peccianti Telephone: (925)313-2222 Fax: (925) 313-2333 Optionee: (Name (Address) (Telephone) or to such other addresses as Optionee and County 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. 4 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 County, 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 County, 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 County for any expenditures, including reasonable attorneys' fees that County may make by reason of such matters and, if requested by County,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 mate 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. 5 22. Amendment. This Agreement may not be amended or altered except by a written instrument executed by County 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 OPTIONEE By By hair, Board of Supervisors ATTEST: JOHN SWEETEN, Clerk of the Board By of Supervisors and County Administrator By eputy APPROVED AS TO FORM: By County Counsel NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A-Legal Description G:\GrpData\RealProp\carla\surplus land sales\opflon goble.doc January 12,2004 6 Willow Pass Road at Goble Drive Sale of Excess Land PARCEL 1 - Contra Costa County DWG. M416-96 EXHIBIT "A" PARCEL 1: (Fee Title) Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the Northwest 1/4 of Section 15, Township 2 North, Range 1 West, Mount Diablo Meridian, described as follows: Beginning at the most southerly corner of PARCEL 1 (50859-1) as described in the "Final Order of Condemnation," No. C92-01465, filed March 25, 1993 in Book 18381 of Official Records at page 690, records of said County; thence, from the Point of Beginning, along the southwest line of said PARCEL 1 (50858-1) (18381 OR 690), north 58°40'51" west 22.96 feet; thence, leaving last said line, north 16°06'10" west 120.56 feet; thence north 10°11'57" west 212.86 feet; thence north 16008'06" west 235.92 feet to a point which bears south 25113`25" east 62.00 feet from Station "WP"24+96.09, as said "WP" line is shown on the "Project Plans for Construction on State Highway in Contra Costa County, near Concord and Pittsburg, from Willow Pass Road Undercrossing to Bailey Road Undercrossing," Contract No. 04-120294 on file with the State of California, Department of Transportation, said point from which a radial line of a non-tangent curve concave to the southeast, having a radius of 1068.00 feet, bears south 25113'25"east; thence, northeasterly along the arc of said curve, through a central angle of 7048'13", a distance of 145.46 feet; thence north 7203448"east 239.95 feet; thence, northeasterly along the arc of a tangent curve, concave to the northwest having a radius of 862.00 feet, through a central angle of 31,27'41", a distance of 52.08 feet to a point of reverse curvature; thence, northeasterly, southeasterly, and southwester#y along the arc of said reverse curve, concave to the southwest, having a iradius of 27.00 feet, through a central angle of 12404233", a distance of 58.77 feet; thence south 131148,49,west 18.06 feet; thence south 28029`43" west 31.47 feet; thence south 39°44'42" west 165.77 feet; thence south 49012'15" east 49.72 feet; thence south 39°29'11"west 260.98 feet to a point from which a radial line of a non-tangent curve, concave to the northwest, having a radius of 1289.93 feet, bears north 38110'15" west; thence, southwesterly along the arc of said curve, through a central angle of 002332", a distance of 8.83 feet to the most northerly corner of said PARCEL 1 (50859-1) (18381 OR 690); thence non-tangent to said curve, along the southeast line of said PARCEL 1' (50859-1), south 7004'00"west 264.00 feet to the Point of Beginning. Containing an area of 2.91 acres of land, more or less. RELINQUISHMENT OF ABUTTER'S RIGHTS: The Grantor hereby releases and relinquishes any and all abutter's rights of access along the following described line: Beginning at the said most southerly corner of PARCEL 1 (50859-1) (18381 OR 690); thence from said point, north 58°40'51"west 22.96 feet; thence north 16°06'10"west 120.56 feet; thence north 1 r 10°1'1'57" west 212.86 feet; thence north 16008'06"west 235.92 feet to the terminous of said line. Bearings are based on the California Coordinate System Zone Ell (CCS83). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surve ors Act. i Signature: XND s� Licensed Land Surveyor tw'` Contra Costa County Public Works ` Date: ,f — /'c -- ,* ExP. NO, J JH:sd GAGrpData1ClericaREXNfBITS\1999kExcess Property willow Pass Rd @ Goble Drive.doc 9/28199 2 FFa CEO 923 trial I�yitn r w wig figIts . _rr w ra was rc� L, ► a m 11 lislee: • d A j d O 1 E b 2+end M i a $ r�Z ha ! ti Att�d ray . Fm E y z d a>{ a -to p Ile •" � "may,,... .... r _ ! --- Z O Z Lu V? ,c>� (n W e Z h z � o C7 > Z m It FAC+pCA At'E 'R fdvciwlcw moaE " T e ed++wo+r ewt CHOX et r e + r � • r l ro�+cK �` R� A t � Yn y C n @ 15 rL y s•� rM e t t w difil •6p ! _ r� arrru fID7A rarc it itw+`o nt iN —a�k +C A IN SITE EVORA �` `'•�.````~ lv�kwAY4 s ROAD SITE + GOBLE + DRIVE