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Home My WebLink AboutMINUTES - 07181995 - C3 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 18, 1995, by at least a four-fifths vote: AYES: Supervisors Rogers, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: Supervisor Smith RESOLUTION NO. 95/ 321 (Gov't Code § 25363) SUBJECT: Resolution of Intention to Sell County Surplus Real Property Single-Family Residence, 4509 Empire Avenue CDD - CP# 94-60 Project No. 0662-6R4236 Oakley Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of 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 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 Clerk of this Board 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 Tuesday, August 8, 1995, at 2:00 p.m., at 4509 Empire Avenue, Oakley, California, as the time and place where oral bids will be received and considered. The Board on November 8, 1994, did hereby FIND that the project would not have a significant effect on the environment and DETERMINED that the project is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County Guideline and Section 15312 of the State CEQA Guidelines. This activity has been found to conform to the General Plan of Contra Costa County. KAM:lo g:\realprop\temp\br5emp.t7 July 5, 1995 Orig, Dept.: Public Works(RP) Contact: Karen McNamer(313-2228) cc: P/W Accounting County Administrator Assessor Auditor-Controller RESOLUTION NO. 95/ 321 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 residential lot and improvements hereinafter described: 4509 Empire Avenue, Oakley, California Assessor's Parcel No. 041-110-012. The auction will be held at 4509 Empire Avenue, Oakley, California, on Tuesday, August 8, 1995, at 2:00 p.m. Terms and Conditions of Sale are available at the office of County Real Property Division, 255 Glacier Drive, Martinez, California, 94553, or may be requested by phone to be mailed by calling 313-2228/ 313-2229. 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. By Order of the Board of Supervisors of Contra Costa County Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By Dep y Clerk KAM:glo g:\realprop\temp\br5emp.t1 January 9, 1995 RESOLUTION NO. 95/ 321 f;3 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 313-2296 Contact Person: Vickie Germany - Public Works Dept. Project Description, Common Name (if any) and.Location: EMPIRE AVENUE -SALE OF SURPLUS PROPERTY County File #CP 94-60: The project consists of the sale of surplus property that contains a one story single- family residence on an approximately 10,000 square foot lot. The parcel was acquired in early 1994 for the Empire Road widening project. The road widening is nearing completion and all right-of-way has been utilized; therefore, the parcel is no longer required. Potential buyers will be advised that the property is to be sold "as is." Subject project is described as follows: The property is located at 4509 Empire Avenue in the east county area of Oakley. It is a single-family home in a residential area. This project is exempt from CEOA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section Declared Emergency (Sec. 15269(a)) _ General Rule of Applicability (Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c►) Categorical Exemption, Class 12 Section 15312 for the foNowing reason(s): The project will not have a significant effect on the environment. The project consists of the sale of surplus County property which is not located in an area of statewide, regional, or areawide concern identified in Section 15207 (b)(4) of the CEQA guidelines. The use of the property and adjacent property has not changed since it was purchased and the property is no longer required for road purposes. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department Department of Fish and Game Fee - Exempt 255 Glacier Drive Martinez, CA 94553 County Clerk Fee $25 Due Receipt # ✓ - 3 Community Contra Harvey E. Bragdon Director of Community Development Development = Costa Department County County Administration Building 651 Pine Street 4th Floor, North Wing `-- Martinez, California 94553-00951: •,. Phone: 646-4202 �;l s October 19, 1994 County File #CP 94-60 Attention: Public Works Department Janet Frattini - Design Division Dear Applicant: The Contra Costa County Community Development Department has completed an initial study of the environmental significance of the project represented by your pending application bearing County File Number CP 94-60 (Empire Avenue - Sale of Surplus Property). In conformance with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970 (CEQA), it has been determined that your project will not have a significant effect on the environment. Your project falls within the following category: AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. (✓) The project is categorically exempt (Class 12 ). ( ) The CEQA requirements are accommodated by the EIR previously prepared for ( ) A statement that an EIR is not required (Negative Declaration of Environmental Significance has been filed by the Community Development Department (unless appealed). ( ) Other: General Rule of Applicability (Section 15061(b)(3)) ( 1 AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED. ( ) The complexity of your project `requires your submission of additional special reports or information (as outlined on the attached sheet) (which will be outlined in a forthcoming letter). ( ) A consultant will be hired to prepare the environmental impact report. This procedure is explained on the attached sheet. Preparation of the EIR cannot be started until the fee and additional information requested is received by the Community Development Department. If you have questions concerning this determination or desire additional information relative to environmental impact report regulations, please call (510) 646-2031 and ask for Debbie Chamberlain. Sincerely yours Harvey E. Bragdon Director o Community Devel pment By: :ate shllt 1 r3 �y� J w � . o 0 LJ m LJ Q � v CL LJ U Lj J Q tf o G `—J a :•-- o Q _ --Jry {�--�! F- • U)—J °'_'al Q o`� v 1 Jl W �L�-j L<.11 11 Z .1 0 ` Ln a a Tom. U) G NOTICE OF PUBLIC LAND ' SALE gyp' GosTq Option to Purchase G Auction Sale of Improved p ? Residential Property U -c �xoRN�P DATE: July 25, 1995 SURPLUS TIME: 2:00 p.m. PLACE: 4509 Empire Avenue LAND Oakley, CA 94561 PROPERTY LOCATION: 4509 Empire Avenue, Oakley PROPERTY DESCRIPTION: Single-story, two bedroom/one bath, ranch-style, single family residence with kitchen-dining area, living room, family room, de- tached two car garage and utility room. The house is being sold"as is." A pest inspection report has been prepared and some updating of'the plumbing completed. Information is available at the open house and at the Public Works Department. House: 1,443 sq. ft. + Garage: 528 sq. ft. + Lot: Approximately 8,010 sq. ft. + PROPERTY INFORMATION: Assessor's Parcel: 041-110-012 Zoning: A-2; General Agriculture Utilities: All utilities are in and available Property Taxes: Not currently taxed-will return to tax roll upon sale. The house may be inspected on the following dates and times: Saturday, July 22, 1995, 11 A.M. to 3 P.M. Sunday, July 23, 1995, 11 A.M. to 3 P.M. MINIMUM BID: $85,000.00 OPTION DEPOSIT AMOUNT $5,000.00 in the form of a CERTIFIED CHECK, CASHIER'S CHECK OR MONEY ORDER (NO PERSONAL CHECKS) OPTION PERIOD: 45 days after acceptance of the bid by the Board of Supervisors CONTRA COSTA COUNTY, PUBLIC WORKS DEPARTMENT, REAL PROPERTY DIVISION 2 5 5 GLACIER DRIVE, MARTINEZ, CA 94 5 5 3 For additional information, call Karen McNamer at (510)313-2228 ' 11 I MS 79-81 I ROST 6-2-82 ' Io 10874 O.R. 406 PARCEL C 7-30-82 1 w 45.00' S 8 9°04'31"E 90.00' . 22.50 22.501 cr j I 0 C .C.CO. 0 0 0� # SERIES00 N 00' w 94089702 w w w, N 3-3/-94 G-) AREA=89010 SO. FT. `" `" NINLn Ln j Ln / 0 _ zo 0 0 0�'- BEDFORD z z zl w 13959 O.R. 91 S890'04'31"E 90.00' 22.50 2 2.5 01 - 10-14-87 45.00 0l o Lni olw i 001- w. / °� Un ILni w I MS 79-81 0, l0/ PM 23 g$IES S W. �� 6-2-82 I ROAD PARCEL D WEST 1/4 CORNER SECTION 26 (101 PM 23) CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT TMENT MARTINEZ CALIFORNIA BEARINGS ARE BASED ON THE ---_ _ROAD NO. 787; CALIFORNIA COORDINATE SYSTEM EMPIRE AVENUE ZONE III (CCS27). SALE OF SURPLUS PROPERTY PROPERTY SOLD BY Ty 4509 EMPIRE AVE., OAKLEY SC-4, .E I 4 Q' -- DATE NOVEMBER 1994 instrument I)AA\4' ii 1" JH - -- -- FILE NO. Recorded Series no. CHElCKF1) 1BY1D\z ---- A7871-94 -, . ~ Poco Ln. Q SUBJECT > CYPRESS ROAD CYPNI yo do C, Tuic C.,pontv Road H pif 11 A-n., NEROLY CAD CAD cc LONE IREE WAY LONE 7REE �'WAY r) and ic, Ed I 13ren -wood It RDA. LA � ' ORAL, BIDDING In order to participate in the bidding procedure a CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER, in the amount of$5,000 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the $85,000.00 set bid and continue thereafter until the highest oral bid is finally accepted. At the Gose of bidding, the highest bidder will be required to execute an"Option to Purchase Agreement" and deposit in CASH, 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 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 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. NOTICE 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. Copies of pest report are available for review at the Public Works Department. KM:lo c:SA8emp.tl l November 7,1994 OPTION TO PURCHASE AGREEMENT 1. GRANT OF OPTION. In consideration of the sum of FIVE THOUSAND DOLLARS($5,000.00), receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California ("County'),does hereby grant to ("Optionee")the exclusive right and option to purchase, on the following terms and conditions,the real property described in Exhibit"A"attached hereto and made a part hereof,and further identified as A.P.N.041-110-012. 2. COMMENCEMENT AND TERMINATION DATES. The option granted under this agreement shall be exercisable for a period of forty-five (45) days beginning on the first day following the approval of this option by the Board of Supervisors. 3. EXTENSION OF OPTION PERIOD. There may be circumstances beyond the control of the Optionee which prevent completion of the terms and conditions within the option period. Under these circumstances,the County may,at County's sole discretion, provide for an extension of the option period under such terms and conditions as the County deems reasonable,if it is deemed in the best interest of the County. No such extension shall be effective unless it is in writing,signed by both parties. It is understood that Optionee acquires no right,tine,interest or equity in or to said property until a deed is recorded. 4. PURCHASE PRICE. This Agreement gives Optionee the right to purchase the subject property for the sum of DOLLARS($ _)in cash. In the event the option granted hereunder is exercised by the Optionee,the consideration of FIVE THOUSAND DOLLARS($5,000.00) 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 FIVE THOUSAND DOLLARS ($5,000.00) 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 ads 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 tide exceptions,restrictions,easements and reservations,whether or not of record. The Optionee may obtain a policy of tide 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,if 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 RESPONSIBUTY 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 Opdonee.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. County has provided to Optionee and Optionee has examined the"Wood Destroying Pests and Organisms Inspection Report dated October 31,1994. Optionee hereby releases County,its agents and employees and any other person involved in any way with said report,repair of the property or sale of the property,from any claim resulting from any present or future condition of the property,including any claim for loss resulting from,contributed to,or aggravated by,earth movement. 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 sale 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 injuryto 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 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: (show name) (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: (address) i � (telephone) CONTRA COSTA COUNTY OPTIONEE By: By: Chair,Board of Supervisors ATTEST: Phil Batchelor,County Administrator and Clerk of the Board of Supervisors By: Deputy SA3emp.tl l November 28,1994 NOTICE NOTICE NOTICE The County is updating its surplus property mailing list. If you wish to remain on the list, please fill out the information below and return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553-4897 Name: Address: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553-4897 First Class Mail