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THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 20, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Canciamilla, DeSaulnier
NOES: None
ABSENT: Supervisor Gerber
RESOLUTION NO. 97/271
(GOV. CODE § 25363)
SUBJECT: Sale of Surplus Real Property
2616 Main Street
Project No. 4660-6X4208
Oakley Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Board by Resolution No. 97/165 dated April 8, 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 Wednesday, April 30, 1997, at 255
Glacier Drive, Martinez, Ca., 94553 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 $75,000 by Conrad I. Diaz and Shirley A.
Bunney, at which time the amount of $5,000 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 deed to Conrad I. Diaz and Shirley A. Bunney, as joint tenants and the Option to
Purchase Agreement with Conrad I. Diaz and Shirley A. Bunney, and cause said deed to
be delivered upon performance and compliance by the purchaser of all terms and
conditions set forth in the Agreement.
KAL:gpp
g:\realprop\97-5\br7Diaz.wpd
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Orig. Dept.: Public Works(R/P) ' rmllon liken and entered on the mlrm" a1>1e
Contact: Karen A. Laws (510) 313-2228 �a Swritsm on tee c=:,�horrn.
g
CC: County Administrator Mag 20. 1997PHIL BATCHELOR,Clerk of the borard
Auditor-Controller of Swimbws and Courq AdnunkiaafBr
Assessor :4
Public Works Accounting
RESOLUTION NO. 97/271
Recorded at the request of:
Return to:
Conrad I. Diaz
Shirley A. Bunney
5198 Robert Way
Oakley, CA 94561
Assessor's Parcel No. 037-123-062 Title Co. Order No.
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California,
Grants to CONRAD I. DIAZ and SHIRLEY A. BUNNEY, as joint tenants,
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 May 20, 1997 By1WQL
Chair, Board of Supervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On May 20, 1997 before me,
Phil Batchelor, Clerk of the Board of Supervisors and
County Ad ministrqtor, Contr Costa ounty, personally
appeared Supervisor Mar DeSau�nier 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 acknowl-
edged to me that he/shefthey 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:
Deputy r c
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April 30, 1997
Excess Property
< Drawing A7182C-97
APN 037-123-062
EXHIBIT "A"
A portion of the Southwest 1/4 of the Southwest 1/4 of Section 23, Township 2 north range 2 east
Mount Diablo Meridian, being a portion of the parcel of land granted to Contra Costa County
recorded December 19, 1994 as series number 94-296969, Contra Costa County, California
described as follows:
Commencing at the southwest corner of said Section 23; thence south 89°54' east 965.75 feet;
thence north 0°12' east 50.00 feet to the Point of Beginning; thence from said Point of Beginning
north 0°12' east 80.00 feet; thence south 89°54' east 100.00 feet; thence south 0012' west 80.00
feet; thence north 89°54' west 100.00 feet to the Point of Beginning.
Containing an area of 8,000 square feet of land more or less
This real property description has been prepared by me or under my direction, in conformance with
the Profession u
Signature. V ZNDSj/
icensed Land Surveyor ,�``��£
Contra Costa County Public Works
Date: 27 No. 5999
RZ:jlg OF CA��E�
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April 14, 1997
1
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State Route 4 (Main Street )
CONTRA COSTA COUNTY
PUBLIC WORDS DEPARTMENT
MARTINEZ CALIFORNIA
ROAD NO.
State Route 4
Instr Excess Property Sale
Recorded Series tt
SCALE I" = 50' DATE 3-26-97
Dwg. /renats/420897/rw420897.001 DRAWN BY PP FILE NO.
CHECKED BY r z A 718 2 C-9 7
OPTION TO PURCHASE AGREEMENT
1. GRANT OF OPTION.
In consideration of the sum of �iyc T/oysancJ ($ ,,n h ), receipt of which is hereby
acknowledged, CONTRA COS�ASOU�IT political subdivision of the State of California
("County'),does hereby grant to c_.t r � 'Anvr ("Optionee")the exclusive
right and option to purchase, on the following terms and cdnditions,the real property described in
Exhibit"A"attached hereto and made a part hereof,and further identified as A.P.N.037-123-062.
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.
This Agreement gives Optiolee the right to purchase the subject property for the sum of
�Afe n -Five 't-1.n )Ka ncl DOLLARS ($4s#nom,in cash. In the event the option granted
hereunder is exercised by the Optionee, the consideration of Five Thousand ($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 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 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.
a. 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.
t
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 of 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, 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
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.
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 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:
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16. NOTA
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:
S�I 4i
(address)
( )
(telephone)
CONTRA COSTA COUNTY OPTIONEE
Chair, Board of Supervisors
ATTEST: Phil Batchelor,County 1
Administrator and Clerk of the $
Board of Supervisors -i' 'I
By
Deputy J
SA31ub.t3
March 25, f 997