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Home My WebLink AboutMINUTES - 07131993 - 1.4 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 13, 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None RESOLUTION NO. 93/410 (GOV. CODE § 25363) SUBJECT: Sale of Surplus Real Property Single-Family Residence, 2565 Oak Road Project No. 0662-6U4329 Walnut Creek The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board by Resolution No. 93/266 dated May 25, 1993, determined that the County owned parcel described in the Notice of Public Land Sale attached to said Resolution was surplus and that it was not needed for public use. The Notice of Public Land Sale set 2:00 p.m. on June 22, 1993, at 255 Glacier Drive, Martinez, as the time and place where oral bids would be received and considered. The highest bid received for the property, in accordance with the terms and .conditions of sale approved by this Board, was $212,000 by Keith Lee, at which time the amount of $10,000 was deposited as an option-bid deposit to secure completion of the transaction. Said bid is hereby ACCEPTED and the Board Chair is AUTHORIZED to sign the Option to Purchase Agreement with Mr. Lee and execute a deed to Keith Lee or his designee, for the property and cause said deed to be delivered upon performance and compliance by the purchaser of all terms and conditions set forth in the Agreement. 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. all� 1 R 3� 73 PHIL BATCHELOR,Clerk of the Board of Supervisors and county Administrator By nJL*"aA 'Ly." .Deputy Orig. Dept.: Public Works (R/P) Contact: Nancy Wenninger (313-2227) cc: County Administrator Auditor-Controller Assessor Public Works Accounting Recorder (via R/P) NW:glo c:brEL.t6 RESOLUTION NO. 93/_L10 OPTION TO PURCHASE AGREEMENT 1. GRANT OF OPTION. In consideration of the sum of TEN THOUSAND DOLLARS ($10,000), receipt of which is hereby acknowledged, CONTRA COSTA COUNTY a,,PP°°lit ical subdivision of the State of California ('County'), does hereby grant to l��if� (_e , COptionee') the exclusive right and option to purchase, on the following terms and conditions, the real property described as 2565 Oak Road, Walnut Creek, and further identified as A.P.N. 172-130-065. 2. COMMENCEMENT AND TERMINATION DATES. The option granted under this agreement shall be exercisable for a period of forty-five (45) days beginning on the first day following the approval of this option by the Board of Supervisors. 3. EXTENSION OF OPTION PERIOD. There may be circumstances beyond the control of the Optionee which prevent completion of the terms and conditions within the option period. Under these circumstances, the County may, at County's sole discretion, provide for an extension of the option period under such terms and conditions as the County deems reasonable, if it is deemed in the best interest of the County. No such extension shall be effective unless it is in writing,signed by both parties. It is understood that Optionee acquires no right, title, interest or equity in or to said property until a deed is recorded. 4. PURCHASE PRICE. This Agreement gives Optionee the right to purchase the subject property for the sum of TWO HUNDRED TWELVE THOUSAND DOLLARS ($212,000) in cash. In the event the option granted hereunder is exercised by the Optionee, the consideration of TEN THOUSAND DOLLARS ($10,000) paid by Optionee to County for the grant of said option, shall be applied to and shall reduce said purchase price. 5. EXERCISE OF OPTION. The Optionee may exercise the option,granted under this Agreement by paying the purchase price to County prior to the termination of the option period. All payments must be made at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA., 94553, payable to the order of Contra Costa County. 6. FORFEITURE OF OPTION OR FAILURE TO EXERCISE OPTION. If Optionee shall fail to exercise the option granted under this Agreement,the consideration in the sum of TEN THOUSAND DOLLARS ($10,000) paid by Optionee to County for this Option shall be forfeited to and become the property of County. 7. ASSIGNMENT. This option and all rights under this Agreement shall be freely assignable, and if assigned by Optionee, any and all acts performable by Optionee hereunder may be performed by any assignee, regardless of whether such assignment be before or after the exercise of this option. 8. BOARD APPROVAL The sale under this option is subject to the approval of the County Board of Supervisors. The Optionee may not take possession of the property until a deed from Contra Costa County has been recorded. 9. INFORMALITIES; CANCELLATION OF SALE. Contra Costa County reserves the right to waive any informality or irregularity in any offer, or cancel the sale at any time prior to recording of a deed. In the event of cancellation of sale by County through no fault, action or inaction of the Optionee, all monies deposited shall be refunded without payment of interest. 10. TITLE. The right, title and interest in the property to be sold shall not exceed that vested in the County, and the property is being sold subject to all title exceptions, restrictions, easements and reservations, whether or not or record. The Optionee may obtain a policy of title insurance at Optionee's own expense. 11.. FEES AND TAXES. The Optionee shall pay all recording fees, documentary transfer taxes, or other real estate transaction taxes, or fees by whatever name known, including escrow fees or broker's commission, 9 any, and personal property sales taxes where applicable. 12. CONDITION OF THE PROPERTY. Neither the County not its agents make any warranty, guaranty or representation with respect to the condition of the property nor does it assume any responsibility for the conformance to codes or permit regulations of the city and/or County in which the property is located. It is the OPTIONEE'S RESPONSIBILITY to obtain expert advice on the condition of the property and to determine and comply with all building, planning and zoning regulations relative to the property and the uses to which it can be put. Optionee relies solely on his own judgment, experience and investigation as to the present and future condition of the property and as to any repairs made to it. Optionee hereby releases County,its agents and employees and any other person involved in any way with the inspection reports, repair of the property or sage of the property, from any claim resulting from any present or future condition of the property. 13. SEVERABILITY. Should any part, 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 party jurisdiction intended to enter into in the first instance. 14. INDEMNIFICATION. As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save and hold harmless County, its officers, employees and agents, 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, form any cause whatsoever, including the sole or joint negligence of County, its agents, officers or employees, arising directly or indirectly from or connected with the repairs or any present or future condition or use of the property to be sold pursuant to this Agreement, or any representations, misrepresentations or non-representations t regarding its condition or use; and will make good to and reimburse the County for any expenditures, including reasonable attorneys' fees the County may make by reason of such matters, and if requested by County will defend any such suits at Optionee's sole expense. This obligation shall survive the assignment of this option, expiration of the option period or other termination of the option. 15. GRANT DEED. Upon exercise of the option and approval by the Board of Supervisors, the property shall be conveyed by Grant Deed to: balm Akx,a ' 3 y Gt,10 o tiC"Hn, &j,�Vj Lem (show name) -feWZ"fS io OW-M rn&kt, (show how title to be vested) 16. NOTICES. All notices and services pertaining to matters arising in connection with this transaction may be made upon Optionee in person or by registered mail addressed to Optionee at: god �os�vood - (address) 13 �(— cel?;Z— (telephone) CONTRA COSTA COUNTY OPTIONEE By: / ,p�aYl, By: Chair, Board of Supervisors ATTEST: Phil Batchelor, County Administrator and Clerk of the Board of Supervisors By: -J�a� ZL 06'u- J Deputy Auction c:BMar.t6 Recorded at the request of: C—" Bob Marchetti Return to: Bob Marchetti P.O. Box 215 Alamo, CA 94507 Assessor's Parcel No. 172-130-065 Title Co. Order No. 104528W GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to KEITH LEE, an unmarried man, and SAM Y. WONG, an unmarried man, the following described real property in the City of Walnut Creek County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF, CONTRA COSTA COUNTY Dated J U L 13 1993By Chair, Board of Supervisors STATE OF CALIFORNIA ACKNOWLEDGEMENT CONTRA COSTA COUNTY)SS-BY PUBLIC ENTITY Tom Torlakson (C.C.1181,1188,1189) 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(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. Dated JUL 13 1993 Phil Batchelor,Clerk of the Board of Supervisors �and Co ty Administrator By Deputy NW:glo c:DE3BM.t6 June 30, 1993 Rd. 405413-Oak Road Surplus County Property APN 172-130-065 Dwg. No. A405413-82 EXHIBIT "A" Real property lying within Lot 41, "Subdivision No. 1, Larkey Ranch, Walnut Creek, California," filed January 5, 1911 in Book 4 of Maps at page 79, records of Contra Costa County, being a portion .of PARCELS ONE and TWO as described in the deed to Contra Costa County recorded May 13, 1971 in Volume 6380 of Official Records at page 254, of said County, further described as follows: Beginning at the northwest corner of said PARCEL ONE (6380 O.R. 254) being a point on the north line of said Lot 41 (4 M 79) distant thereon north 88°52'39" west 141.00 feet from the west right of way line of Oak Road as described in the deed to Contra Costa County recorded September 24, 1941 in Volume 622 of Official Records at page 194, thence from the Point of Beginning, along the north line of PARCEL ONE, south 88°52'39" east 118.80 feet, to a point on a line parallel with and 22.00 feet westerly (right angle measurement) from said west right of way line of Oak Road; thence along said parallel line, south 8°46'21" west 142.83 feet, to a point on a line parallel with and 25.77 feet southerly (right angle measurement) from the south line of said PARCEL ONE; thence along said parallel line, north 88030'09" west, 94.37 feet to the southerly prolongation of the west line of said PARCEL ONE; thence along said prolongation and west line, north 1004'45" west 141.05 feet, to the Point of Beginning. Containing an area of 15,057 square feet (0.346 acre) of land, more or less. Bearings are based on the California Coordinate System Zone 111 (C.C.S. 27). MH:jlg c\ex:Larkey.Oak Page 1 of 2 ell '! 4i, Ir 14 fe / tt r4, N W - (r)�� `' CZE p� •'� �` V ' �(^+ r44) ^ V1 14 ' `' � � • rF n � CV �/•�J Sel� C� � ,e,�4 rj- 41 • � ,cam' �� Q jJ ff t �/7C � � � NIRA 5 pEPA QRN�A Go I /n CD `C WOCp,�iF PVp�,RIINEZ No pQ 5 irk M Ro A� �• D�f / 23,82 5� qty 5�� E iSoed by Dov Yr� Ril W nU�til a Gr�c'c� 2 - of vol oafs ��f j G