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Home My WebLink AboutMINUTES - 04221997 - C5 (2) THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 22, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None RESOLUTION NO. 97/194 (GOV. CODE § 25363) SUBJECT: Sale of Surplus Real Property Vacant Residential Lot on Livorna Heights Road Project No. 0662-6U4320 Alamo Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board by Resolution No. 97/45 dated January 28, 1997, 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 April 3, 1997, at 255 Glacier Drive, Martinez, California, 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 $151,500 by Robert H. Kilmartin, Trustee, et al, 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 execute a grant deed to Robert H. Kilmartin, Trustee and Jane Kilmartin, Trustee of the Declaration of Trust dated August 12, 1991, and the Option to Purchase Agreement with Robert H. Kilmartin, Trustee, et al, and cause said deed to be delivered upon performance and compliance by the purchaser of all terms and conditions set forth in the Agreement. RB:gpp g:Vea1prop\97-4\br722-4.wpd I Oeraby esAfh that Q�le Is tw @W wand of Orig.Dept.: Public Works (RIP) �MoUd d SUPONU ;On 0 ate:"o I�"a` a" Contact: Ronald Babst (510) 313-2226 1 9-1 cc: County Administrator PW SAVCHELOR,Cie of the b&rd Auditor-Controller a.wwanlyAdMWWa r Assessor app„q Public Works Accounting T� RESOLUTION NO. 97/194 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,CONT STA COUNTY,a political subdivisiorWf 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. 187-231-031. 2. COMMENCEMENT AND TERMINATION DATES. The option granted under this agreement shall be exercisable for a period of sixty(60)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. u \ This Agre me t gives Op'o a the right to purchase the subject property for the sum ofOm- VC- m- c. .,� .v C._ �v 2A DOLLARS($19 D )in cash. In the event the option granted hereunder is exercised by the Optionee,the conside ation 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 option granted under this Agreement shall be exercisable by the Optionee 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 until a deed from Contra Costa County has been recorded. 15. GRANT DEED. Upon exercise of the option and approval by the Board of Supervisors,the property shall be conveyed by Grant Dee o: (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) �z "141 (telephone) CONTRA COSTA COUNTY OPTI iGEE By: By Chair, Board of Supervisors ATTEST: Phil Batchelor,County y --1_�'� ��r� C r.v Administrator and Clerk of the , ..tee k.�\� 5V,\\ Board of Supervisors C -a /9 7 B : ti f\U�Q C K•\re�tnC\.V� f�4 z y Deputy �� \C •\ �� : .� I\ c ;'cue �� '� RB:gpp A G v S� Z\ \C1IC- gAreaIprop\temp\Livoma.t12 J December 30,1996 Recorded at the request of: Robert&Jane Kilmartin Return to: Robert&Jane Kilmartin P.O. Box 537 Clayton, CA 94517 Assessor's Parcel No. 187-231-031 Title Co. Order No. 36812 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to ROBERT H. KILMARTIN, Trustee and JANE KILMARTIN, Trustee of the Declaration of Trust Dated August 12, 1991, the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, CONTRA COSTA COUNTY Dated r 9' Byi�C Chair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On 4 q — a 2`- —/9 g Z: before me, Phil Batchelor, Clerk of the lJoard of Supervisors and County Admi istrator, Contra Costa Countypersonally appeared who is personEKly 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. By: D Clerk RB:gpp g:\realpropW-4\DE3RK.wpd April 8,1997 Rd. No. 4447B - Livorna Heights Rd. C.C.Co. Surplus Land APN 187-231-031 Dwg. A444713-96 EXHIBIT "A" Real property in the southwest quarter of Section 6, Township 1 South, Range 1 West, Mount Diablo Meridian, Contra Costa County, California, being a portion of Parcels"A" and"B", Subdivision MS 95-68 filed December 12, 1968 in Book 6 of Parcel Maps at page 27, described as follows: Commencing at the southwest comer of said Parcel"A" (6 PM 27); thence along the south line of said Parcel "A", south 84034'02"east 54.72 feet to the Point of Beginning; thence from said Point of Beginning along the southerly line of Parcels"A" and "B" (9PM27) also being the northerly right of way line of Livorna Road south 84034'02" east 104.39 feet; thence leaving said south line, north 2031'07" east 32.11 feet; thence north 26°20'04"west 80.71 feet to the west line of said Parcel "B"; thence along said west line, north 2°31'07" east 55.00 feet; thence leaving said west line, north 37°41'11"west 38.72 feet; thence north 88°28'53"west 85.00 feet, to the east right of way line of Livorna Heights Road; thence along said east line as follows: (1) south 2031'07"west 39.98 feet, to a curve concave to the east having a radius of 120.00 feet, (2) along the arc of said curve, southerly and southeasterly 67.02 feet, through a central angle of 32000'00", to a reverse curve concave to the southwest having a radius of 180.00 feet, and (3) along the arc of said reverse curve, southeasterly and southerly 82.11 feet, through a central angle of 26008' 09", to the Point of Beginning. Containing an area of 19,238 square feet (0.442 acre) of land, more or less. Bearings are based on the California Coordinate System Zone III (CCS 27). EXCEPTING AND RESERVING THEREFROM any and all abutter rights of access in and to Livorna Road over and across the southern property line of the herein described parcel. EXCEPTING AND RESERVING THEREFROM any and all abutter rights of access in and to Livorna Heights Road over and across the westem property line of the herein described parcel, except the northern 39.98 feet of said western line. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surve ors Act. Signature: �o)L,aND SUq` Li e Land SurveyorJ4`IYIEJW � Contra Costa County Public Works jZ 3/DO Date: /z'3U Mo. 5fi9 LH:jlg Of CA�,�� gAdesignlwork\Uvorna.exa 6/3/96 1