HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-052 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: NON
ABSENT: NONE RESOLUTION NO. 2004/ 52;
ABSTAIN: NONE (Gov't Cade § 25363)
SUBJECT: ADOPT Resolution No. 2004/ 52 approving Notice of Intention to Sell County surplus
property, a vacant commercial lot located on Evora Road on the west side of Willow Pass
Road and north of Highway 4. {CDD-CP# 00-12j. APN 098-230-050
Bay Point Area. District V
Project No. 4660-6X4146
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Board DETERMINES that the parcel of vacant land, acquiredfor 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, 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 September 19,2000, and determined the project
to be exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 12
Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines. A
Notice of Exemption was filed September 21, 2000. This activity has been found to conform to the
County's General Plan.
I hereby certify that this is a true and correct
CP:eh copy of an action taken and entered on the
G:\Grpbata\RealProp\2004-Files\BOS&RES\BR5 Evora.doc minutes of the Board of Supervisors on the
Orig. Dept.: Public works(RP) date shown.
Contact: Carla Peccianti. (925)313-2222
cc: P/W Accounting ATTESTED: JANUARY 27, 2004
County Administrator JOHN SWEETEN,Clerk of the Board of
Assessor Supervisors and County Administrator
Auditor-Controller
Community Development Dept By���eputy
Engineering Services—Environmental
L. Dalziel,Clerk Specialist,Adm.
RESOLUTION NO. 2004/ 52
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Dave
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. 098-230-050, located on Evora Road on the west side of Willow Pass Road and
north 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: $350,000.
Terms and Conditions of Sale are available at the office of County Real Property Division, 255 Glacier
Drive, Martinez, California 94553,www.co.contra-costa.ca.usldeparUpw 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. 20104/
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NOTICE OF
PUBLIC LAND SALE
Option to Purchase
Auction Sale
DATE: Wednesday, March 17, 2004
x
TIME: 19:00 A.M.
PLACE: Public Works Department
Conference Room "A"
255 Glacier Drive
Martinez, CA 94553
PROPERTY LOCATION: Southside of Evora Road, west of Willow Pass
Road opposite Pomo Street on the northside of
Highway 4.
APN 098-230-050
PROPERTY INFORMATION: Size: 1.87± 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: $350,0.00.00
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.
cpeccian@pw.co.contra-costa.ca.us
G:\GrpData\RealProp\Carla\surplus land sales\AuctionNoticeEvora.doc
January 12,2004
NOTICE TO BIDDERS
The sale property is a mostly level triangular shaped parcel containing
approximately 2.91 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 structures. All public
utilities are available along Willow Pass Road or Goble Drive.
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 relaters to planning.
The County is selling the property "where is, as is", and it is the responsibility of
the prospective bidder to satisfy himself/herself as to any risks associated with
the property, now or in the future.
G:tGrpData\ReatProplCarlatsurplus tend sales\NoticetoBidders gobel.doc
January 12,2004
ORAL 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$360,000 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 terra 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 County 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:\CrpOata\RealPropiCarta\surplus land sakes\0ralBiddln9Evora.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 shall 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 County 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 ($20,000.00) upon the
terms and conditions outlined herein, said amount to be credited to the Purchase
Price of the Property ("Option Consideration"). The Option Consideration shall be
paid before the date this Agreement is approved by the Board of Supervisors. The
Option Consideration shall be paid at the Public Works Department, Real Property
Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa
County.
b. Retention of Option Consideration. Except as provided in Section 10 below, all
Option Consideration paid to or on behalf of County shall belong to County and be
retained by County,whether or not Optionee ultimately exercises its right to purchase
the Property. County shall have no obligation to account for the Option
Consideration to Optionee.
6. Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at County's option the sale may be
consummated through an escrow at a title company to be selected by County ("Title
Company"). In such case, Optionee hereby authorizes County to prepare and file
escrow instructions with said Title Company on behalf of Optionee in accordance
with this Agreement. Escrow shall be deemed to be closed and the Property shall be
deemed to be conveyed on the date the deed to Optionee is recorded ("Closing
Date"). All escrow fees, recording fees, documentary transfer, taxes or other real
estate transaction taxes or fees, by whatever name known, including broker's
commission, if any, and personal property sales taxes where applicable, will be paid
solely by Optionee. If title insurance is desired by the Optionee, Optionee will be
solely responsible to pay the premium charged therefor.
b. Purchase Price. The purchase price ("Purchase Price") for the Property during the
Option Term is the sum of Dollars ($ ).
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 94553, 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 takepossession 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.
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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. Informalities; 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:
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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 sale 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 bate 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.
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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
clz)tZ6
Chad, Board of Supervisors
ATTEST: JOHN SWEETE=N, Clerk of the Board By
of Supervisors and County Administrator
By xie�k�
4 puty
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\Carlalsurplus land salestoption evora.doc
January 12,2004
6
Excess Property
Vicinity of Evora Road at Pomo Street
Drawing M-3005- 9
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 parcel of land described in the deed to Contra Costa
County recorded December 22, 1992, in book 18139 of Official Records at page 957,
and a portion of the parcel of land described in the deed to Contra Costa County
recorded January 22, 1991, in book 16350 of Official Records at page 92, described as
follows:
Beginning at the southwest corner of said Contra Costa County parcel (18139 OR 957);
thence from said Point of Beginning along the westerly line of said Contra Costa County
parcel (18139 OR 957) north 0°17'20" west 17.87 feet to a point from which a radial line
of a non-tangent curve, concave to the northwest, having a radius of 862.01 feet bears
north 0017'25" west; thence leaving said westerly line of said Contra Costa County
parcel, northeasterly along the arc of said curve, through a central angle of 22°41'05" a
distance of 341.29 feet; thence non-tangent to said curve, south 4604254" east 35.02
feet; thence north 68°40'21" east 265.48 feet to a point, said paint bears south
15003'00" east 54.41 feet from a found Standard Street Monument stamped "CA DEPT.
Trans.. LS 6214 NL021," as said monument is shown on the Record of Survey Map
"RS2168" filed March 19, 1996, in book 108 of LSM at page 32; thence northeasterly
and easterly along the arc of a tangent curve, concave to the south, having a radius of
143.00 feet, through a central angle of 39°05'55" a distance of 97.58 feet to a point of
compound curvature; thence southeasterly, southerly and southwesterly along the arc
of said compound curve, concave to the west, having a radius of 30.00 feet, through a
central angle of 123°55'05" a distance of 54.88 feet; thence tangent to said curve, south
51041'21" west 323.44 feet to a point, said point lies on the line labeled "Proposed
Right of Way" as shown on the Record of Survey Map "RS2002" filed September 12,
1995, in book 107 of LSM at page 49; thence along said "Proposed Right of Way" fine,
south 8750'51" west 47.74 feet; thence north 77013'05" west 418.79 feet to the Point
of Beginning.
Containing an area of 1.87 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 southwest corner of said Contra Costa County parcel (18139 OR
957); thence from said point, south 77"13'05" east 418.79 feet; thence north 87050'51"
east 47.74 feet; thence north 51°41'21" east 323.44 feet, thence northeasterly,
northerly and northwesterly along the arc of a tangent curve, concave to the west,
having a radius of 30.00 feet, through a central angle of 123°55'05", a distance of 64.88
feet to a point of compound curvature; thence westerly and southwesterly along the are
of said compound curve, concave to the south, having a radius of 143.00 feet, through
a central angle of 39005'55", a distance of 97.58 feet to the terminus of said line.
Bearings and distances are based on the California CoordinateSystem of 1983
(CCS83) Zane 111. Multiply distances shown by 1.0000669 to obtain ground distances.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature:
,AND S
Licensed Land Surveyor r
Contra Costa County Public Works ' '
Date:'- Ems?s"1-car
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