HomeMy WebLinkAboutMINUTES - 04061999 - C27-C29 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: APRIL S, '1999
SUBJECT- DRAINAGE AREA 46 GRAYSON CREEK— PLEASANT HILL AREA.
PROJECT NO.: 7520-688508 TASK: ACCO ACCOUNT: 3540
9150TIC RfMUESr(S)511 REMMENDMOR(S)1900000 XN15 JUTrTMATIM
I. Recommended Ar Ion-
ot
A. APPROVE Right of Way Contract and ACCEPT Grant of Easement from Evie Gass.
B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the District.
C. APPROVE payment of $2,750.00 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to Evie Gass, 125 Molso Lane, Pleasant
Hill, CA 94523, to be forwarded to the Real Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the
office of the County Recorder.
Continued on Attachment:_X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE —OTHER
SIGNATURE(S :
ACTION OF BOARD ON April 6, 2191 APPROVED AS RECOMMENDED #NOW_
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT None
AYES:—NOES:
ABSENT: ABSTAIN:
LO:gpp
G:1GrpData\RealProp199-3113015-gass.doe
Orig. Div: Public Works(R/P)
Contact: L.Owens (313-2229)
cc: Auditor-Controller(via R/P)
County Administrator I hereby certify that this Is a true and correct
P.W.- Accounting copy of an action taken and entered on the
Flood Control
On% minutes of the Board of Supervisors on the
Recorder(via R,P) date shown.
ATTESTED:
PHIL BAT40LOR, Clerk of the Board
of Supervis rs and county Administrator
k
By vtZ--&Z -- -- Deputy
Whyte Park Surplus
Lot Line Adjustment
APIA 184-151-019
EXHIBIT "A'$
Real property in an unincorporated area of the County of Contra Costa, State of California,
being Lots 1,2, and 3 in Black "A" as designated on the map entitled "Dewing Park
Extension, Contra Costa Co., Calif fled December 20,1916 in Book 15 of Maps, Page
314, described as follows:
Beginning at the northeast corner of said Lot 1 (15 M 314) thence along the easterly line
of said Lots 1,2, and 3, south 3,111139' east 120.00 feet to the southeast corner of said Lot
3; thence along the southerly line of said Lot 3, south 58021' west 192.50 feet to the
southwest comer of said Lot 3; :hence along the westerly fine of said Lot 1,2 and 3, north
2005,9' west 122.11 feet to the northwest corner of said Lot 1; thence along the northerly
lime of said Lot 1, north 581121' east 80.00 feet to the Point of Beginning.
Containing an area of 10,955 square feet (0.25152 acres) of land, more or less.
This real property description has been prepared by me or under ;�sy direction, in
conformance with the Professional Land Surveyors Act.
' D
Signature: '� , xwly, c�,pf�
Licensed Land Survreyor r
Contra Costa County Public Worksx . -- ---
Date: c
G:1G rDOata\Des ign\�'!rm$\IegaiskWhyte-.doc
9-03-98
f
U*
CONTRA PUBLIC WORKS DEPARTMENT
COSTA INITIAL STUDY
COUNTY ` OF ENVIRONMENTAL SIGNIFICANCE
PROJECT # 7128®6X5140
CP# 97-61
PROJECT NAME: Whyte Perk Avenue - Sale of Surplus Property
PREPARED BY: Janet Frattini DATE: August 22, '1997
qao
APPROVED BY:
_ BATE:
RECOMMENDATIONS;
Categorical Exemption (Class 12) ( ) Negative Declaration
Environment Impact Report Required ) Conditional Negative Declaration
The project will not have a significant effect on the environment. The recommendation Is used
on the following: The property is surplus government property which is not in an area of statewide,
regional, or areawide concern as identified in Section 15200(b)(4). However, if the property was located
within these areas, its sale would be exempt if the property complied with the conditions listed in the
CEQA Guidelines Section 15312.(x) and (b).
What changes to the project would mitigate the identified impacts . N/A
€LSCS Quad Sheet Walnut Creek Ease Map Sheet # P13 Parcel # 184-015-019
GENERAL CONSIDERATIONS:
1. Location: Whyte Parr Avenue is located in a residential area in the central county area of
Walnut Creek (Figures 1-3).
2m Project Description: The project consists of the sale of an approximately 11,000 square foot
parcel containing an abandoned firehouse. The parcel was acquired in 1953 and improved with
the construction of the fire house. The Contra Costa County Fire Protection District no longer
requires the site for fire district purposes and has requested it be sold at public auction. The
Transportation Engineering Division of the Public Works Department has determined the parcel
is not needed for road purposes.
3. Does It appear that any feature of the project will generate significant publlc concern?
C] yes [*t] no [] maybe (Nature of concern):
4. Will the project require approval or permits by other than a County agency?
[I yes [✓] no :Agency Name(s)
6. Is the project within the Sphere of Influence of any city? Yes, Walnut Creek
hAcetexmptlwhytepr3c::n1
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CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa. County Community Development Department
651 Fine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (510) 313-2296 Contact Person: Joseph-J. Olsen - Public Works Deet.
Project Description, Common Name (if any) and Location: Whyte Park Avenue - Sale of Burralus
Prower y, County File #CP 97-61: The project consists of the sale of an approximately 11,000 square
forst parcel containing an abandoned firehouse. The parcel was acquired in 1953 and improved with
the construction of the fire house. The Contra Costa County Fire Protection District no longer requires
the site for fire district purposes and has requested it be scald at public auction. The Transportation
Engineering Division of the Public Works Department has determined the parcel is not needed far
road purposes. Project location: Whyte Park Avenue is located in a residential area in the central
county area of Walnut Creek.
This project is exempt from CEQA as a:
Ministerial Project(Sec. 15265) 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
for the following reason(s): The property is surplus government property which is not in an area of statewide,
regional, or areawide concern as identified in Section 15206(b)(4). However, if the property was located within
these areas, its sale would be exempt if the property complied with the conditions listed in the CEQA Guidelines
Section 15312(a) and (b).
Bate: By:
CommuMy Development Department Representative
t
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 pasted for 30 days from the filing date.
l
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: Janet Frattini County Clerk Fee$25 Clue
hMoe`s�whyteprk.noe
(Rev.4/971,
Recorded at the request of:
Contra Costa County Flood
Control and Water
Conservation District
Return to.
Contra Costa County
Flood Control and Water
Conservation District
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attantiam I- Lu"Owens
THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on April 6, 1999, by the following vote:
AYES: Supervisors Gioia, Uilkema, Gerber, UeSanlnier and Canciamilla
NOES: None
ABSENT. Done
ABSTAIN: Done
RESOLUTION NO. 991 159
Resolution of Termination of
Offer of Dedication
(FCD. Act, Section 31)
SUBJECT: Termination of Offer of Dedication of Access Easement
For M.S. 860-90
W. 0. 8335, Glanville Area.
The Board of Supervisors, as the governing body of the Contra Costa County Flood
Control and Water District RESOLVES THAT:
This Termination of an Offer of Dedication of a certain excess right of way not
required for flood control purposes, is made pursuant to Section 31 of the Contra Costa
County Flood Control and Water Conservation District Act.
This Termination of an Offer of Dedication request covers a flood control easement
offered for dedication of which a major portion is no longer required for public use. The
District will obtain a more defined easement by separate instrument under separate Board
action. A description of the offered area to be terminated is attached hereto as Exhibit"A"
and incorporated herein by reference located in the Danville area.
RESOLUTION NO. 991159
This Board hereby TERMINATES the hereinabove described offer of dedication and
TERMINATES the right of the District to accept said offer. The Board is not aware of any
existing in place utilities in the subject area.
The Real Property Division is ORDERED to record a certified copy of this
Resolution in the office of the County Recorder.
From and after the date this resolution is recorded, the offer of dedication is
terminated and the Districts right to accept offer is abandoned.
{frig. Dept.. Public Works(RIP)
cc: Public Works
Mint.(via RIP)
Records (via R/P)
Read Engineering(via RIP)
Design(via RIP)
County Counsel
Recorder(via R/P
99-3/v45.doc
(Form updated 7/97)
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:
PHIL BATC LOR, Clerk of the Board
of supervises and County Administrator
By X° • .�, ��,....Deputy
RESOLUTION NO. 99/ 159
EXHIBIT "A"
The area described as an access easement within Parcel "B", being shown as
"CONTRA COSTA COUNTY FLOOD CONTROL. DISTRICT ACCESS
EASEMENT" on the Parcel Map filed October 1, 1991, in Book 154 of Parcel
Maps at Pages 43 and 44, Contra Costa County Records.
LO
MS860-90
SUBJECT: DA 46 GRAYSON CREEK -PLEASANT HILL AREA.
DATE: APRIL 6, '1999
PAGE: -2-
11. Financialimpact:
Financing for this project is from Drainage Area 46 fees, Zone 313 funds and the City of Pleasant
Hill.
Ill. Reasons for Recommendations and 13ackground:
The Flood Control District and the City of Pleasant Hill are jointly working to install drainage
improvements within the Grayson Creek watershed. The proposed project will construct Phase
I of the ultimate improvements for Drainage Area 46. The Drainage Area 46 improvements will
provide relief from flooding of both Murderers' Creek and the east fork of the east branch of
Grayson Creek.
IV. C;o"s ggences of Negative Action:
The Grayson Creek Improvements would not be constructed and the storm water runoff from the
City of Pleasant Hill redevelopment project would have no place to discharge.
Rep.drded request by:
Coria Costa County Flood Central
&Water Conservation District
When. Recorded Mail to: �
Contra Costa county ,.
Public Works Department
255 Glacier Dl ive
Martinez, CA 94553
Attn: L. Lucy Owens
Portion of Assessor's Parcel No 150-170-009 Project:: Drainage Area 46 Grayson Creek
Project No.: 7520-6138508
GRANT OF EASEMENT
For and in consideration of the benefits to be derived by the undersigned by the establishment and maintenance
of the official channel hereinafter referred to, and for other valuable consideration, the undersigned, EVIE GASS,
an umarried woman, hereby grants to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, a political subdivision of the State of California, a perpetual easement for flood
control purposes in, undder, over and across the real property situate in the County of Contra Costa, State of
California, described as follows:
FOR. DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
The easement herein granted shall include the right to construct, reconstruct, inspect, maintain and repair a
channel, whether covered or open protection works, and appurtenant structures for the purpose of confining the
water of Grayson Creek and its tributaries, to enter upon said land with personnel, vehicles and equipment, to
remove all trees and vegetation thereon that interfere with the purpose for which the easement herein is granted,
to take therefrom and use earth, rock, sand and gravel for the purpose of excavation, widening, deepening, and
otherwise rectifying the channel, and for the construction, maintenance and repair of embankments, fencing,
protection works, and appurtenant structures by said GRANTEE, its officers, agents, and employees, and
persons under contract with it and their employees whenever and wherever necessary for flood control purposes.
Also included is the right to install, maintain or remove landscaping and other environmental improvements.
The easement herein granted includes the right to make any necessary earth fills and to locate or relocate
existing drainage pipes or structures in connection therewith on lands of the GRANTOR lying outside said
easement, provided that after such fill and location or relocation is completed said lands of GRANTOR will be
left in a neat and orderly condition.
GRANTOR agrees not to further encumber or install, place or construct or cause to be installed, placed or
constructed any structures, facilities, growth or vegetation of any nature within or over the herein described
property without the prier written approval of the GRANTEE.
TO HAVE ANIS TO HOLD, together with the right to do all things necessary to be done for the purpose of
confining the waters of said stream and its tributaries within said right of way.
THIS indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the
heirs, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF this Grant of Easement is signed and executed this L----_/4day of.�tt ,' 19 5.q
Evie Gass
ATTACH APPROPRIATE ACKNOWLEDGEMENT
99-3/ea 11 gats
C.C.C.F.C. &W.C.D.
Grayson Creek
Parcel 1811; GASS
DWG. ED-852
EXHIBIT "A"
Parcel_1811 Permanent Drainage Easement
Peal property in the City of Pleasant Hill, County of Centra Costa, State of California, being a
portion of Lot 19 as shown on the Map entitled "Highway Junction Subdivision, Centra Costa
County, Cal.", filed December 6, 1920 in Volume 17 of Maps, at Page 377, County records, and
a portion of land described in the deed, to Evie Gass, recorded October 23, 1991 in Book 16959
of Official records, at Page 236, described as follows:
Commencing at the south west corner said parcel (16959 OR 236), thence along the southerly line
of said Parcel south 891102'43"east 7.874 meters to a point on a non-tangent curve, concave to the
northwest, a radial from said point bears north 47046'52' west, said point being the Point of
Beginning; thence from Said Point of Beginning, northeasterly along said curve, having a radius of
26.518 meters, through a central angle of 15036'56", an are distance of 7.227 meters to a point of
cusp, on a non-tangent curve, concave to the northeast, a radial from said point bears north
72"02'06' east, thence southeasterly along said curve, having a radius of 26.518 meters, through
a central angle of 14030`38", an arc distance of 6.716 meters to the southerly line of said parcel
(16959 OR 236); thence along said southerly line north 89002'43" west 6.927 meters to the Point
of Beginning.
Containing an area of 18.7 square meters of land, more or less.
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U.S. Survey
foot. Areas shown are in square meters, multiply areas shown by 10.764 to convert to Square feet.
This real property description has been prepared by me or under my direction, in conformance with
the Professional Land Vii_ vor A&
VAND
Signature: �.- --- .. WE
L nse and Surveyor �'`Qp
Contra Costa County Public Works �
Date: _ -" `
-.-�-- No. 5999
OF CALtf�
G:\GrpData\Design\ALEX\€ega€s\GraysonCrk?errr.GASS.doc
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
Adopted this Resolution on April 6, 1999 , by at least a four-fifths vote:
AYES: Supervisors Gioia, Uit.ketna, Gerber, DeSau?nier and Ganciami 11a
NOES: None
ABSENT: None RESOLUTION NO, 99/ 158
(Gov't Code § 25363)
ABSTAIN: None
SUBJECT: Resolution of Intention to Sell Fire Protection District Surplus Real Property
Project No. 7126-6X5140
2273 Whyte Park Avenue
CP #97-61
Walnut Creek Area
The Board of Supervisors as the Board of Directors of the Contra Costa County Fire
Protection District RESOLVES THAT:
The Board DETERMINES that the property acquired for fire protection purposes,
located at 2273 Whyte Park Avenue, Walnut Creek, 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 Auction Sale for said property prepared by the County Meal
Property Division.
The Notice of Public Auction 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 Tuesday, May 16, 1999, at 2:00 p.m., at 255 Glacier Drive, Martinez,
California, as the time and place where oral bids will be received and considered.
The Board hereby FINDS that the project will not have a significant effect on the
environment, and DETERMINES that the project is exempt from the requirements of the
California Environmental Quality Act as a Class 12 Categorical Exemption under County
Guidelines and Section 15312 of the State CEQA Guidelines, and DIRECTS the Director of
Community Development to file a Notice of Exemption with the County Clerk and DIRECTS
the Public Works Director to arrange for a payment of the $25.00 handling fee to the County
Clerk for fling of the Notice of Exemption. DIRECT the Director of Community Development
to file the Notice of Exemption with the County Clerk. This activity has been found to
conform to the General Plan of Contra Costa County.
g:\Rea€Prop\1999-F€les\99-3\6R5MFPD.doc
(Form updated 2197)
Orfg,D®pt.: Public Works(RP)
Contact: Pat Smyers(925)313-2227
cc: PMf Accounfing
County Administrator
Ass®ssor
Auditor-Controller
Community Development Dept
Des/Env
Contra Costa County Fire Protection District
RESOLUTION NO. 99/158
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 real property hereinafter described:
Assessor's Parcel No. 184-161-019, located at 2273 Whyte Park Avenue, Walnut Creek,
California.
The auction will be held in Conference Room "A", at 255 Glacier Drive, Martinez, California,
on Tuesday, May 18, 1999, at 2.00 p.m.
Minimum Bid is $170,000.
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 313-2220.
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.
By Order of the Board of
Supervisors of Contra Costa
County as the Board of Directors
of the Contra Costa County Fire
Protection District
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
By
�'J '/1'
Deputy Clerk
g:\RealProp\1999-Files\99-3\BR5MFPD.doe
(Form updated 8/97)
RESOLUTION NO. 99/ 158
OF
WOW -wow JOI&,
Rom
rie 1i
CONTE STA
Opt On toC
Auction we
C �N� � E
DATE, 'Tuesday
PRO�1/fit j�j� May 18, 999 '
TIME: 2.00 P.M.
:PLAC EPUNICNO, Department
SURPLUS Gonfere Ce Room "A"
PROPEnTy255 Glacier Drlve:�
Martinez, CA 94553
PROPERTY LOCATION:N: 2127 Whyte Park Avenue, Walnut Creak, CA;
BEC of Whyte lark Ave. and Boulevard Way.
PROPER Y I l» CRI 'Tl+l l . Former firehr�uselresldentlal structure, ferreted an
11300 square fracst reaidenttat Iot. LIVIn9 room,
kitchen, dining area, three b:.edrooma, one,bathroom
# plus an additional room (Possible:deft arntty room).
Living area*, 2900± sq. ft.
Garage: 11001 sq.ft.
Carport: 720± sq.ft.
PROPERTYINFORIll1�tTIOIN: Akssessor's Parcel: 184461-019
cning. R ingteantily Re ►tderrtlal
UtIlItlee. A l util ties are In and avattabte
THE BE.IIL 3I IG I IAY B IMSPECTE£� FROM 19 A►.IIlI TO 2 P.t4t#. 1�� THE
----------
MINIMUM BIC. $470,000
OPTION a�POSJT AMOUNT. $10AC# 0 JuTHE FORM OF A CERTIPIE1# CHECK,
CASHIER'S CHECK OR MONEY CRD R (NO
PSR t* NAL CHECKS)
t
QPTIO PER OD! 68 days after aoceptance of the bid bye the Board of
Supervisors acting as the Board : f r'ectors of the
Contra Costa County Fire ProteotleI�tatrlct.
�CONTRA COSTA COUNTY PUS IC WORKS DEPARTMENT
REL PRO PE Ut'I�tItatl+l
2 LACi!ER OIRVE, MARTA ,EZ,CA 94553
For additional Information, call Pat Srnyers, Senior meal property Agorit at ($251:313*2222
:Monday nday through Thursday l etweert :00 a€m ar�d 5:0#{i p,rrr.
k .
ORAL BIDDING
In order tt par tsct ate th biddlrtQ prooed€�re rASHI
MONEY ORDER in eaxtunt9� { + ml3F must
031tAd With theLdiYtlot"1e�r pr�r to the ttaft of
bidding. No ezoeptioft.
Bidding tlll o an at �g 0 sat bid and continue thereaftler until the highest oral bid is ff6ally accepter:.
Al the close biddirt ,the IIghest bidder will be[eptlreti to:
b execute a "C3ptitnto ' tchasg Agrrnent�end
to leave with the a ctione r their $10,000 non-refundable ndable deposit in the f r of a # A i•iIER'B CHF 'K,
CERTIFIED CHECK OR MONEYORDER.
Blip ACCEPTANCE
* friai aoceptar ce!of a bid by the person Gond sting the sale shell be subject to the approval of the Board
of Supervisors,by Redd iutit auth0 Zing an dlreeting th execution of the deed.
BID RE lECTI NB
The District reserve the right to reject any and all o0ers'and waive any informality or irregularity in any o€fee
or to accept any offer deemed in the best interest of the District,or to withdraw the property from,the.sale,
BIDDER DEFAULT
In,the evert that the high bidder,fails to exercise his or her Option within the Option period or defaults in
cornpiet on of the sale, e District May, at Its discretion, offer the Optlon to the second highest bidder. If the
second highest bidder accepts the offer, the deposit ret ulrement and terms of Option to purchase shelf be
the seMe as stated in this noti e of dais, exert that the Optica periost shall commence ;upon acceptance;by°
the:Board of Supervisors.
CLOSING TRANSACTION
SQccessful bidder will have the 0 flon period cif 60 days after bid acceptandeto complete the transaction
under the TERMS Or OP'l I N TO PURCHASE, attached hereto.
In the event any term or condition in the agreement oonfli is with or violates any statutory requirements In the
sale of public property, them only that part or portion of this agreement so conf€ictlrtg shalt be, arrienrlect;;to
conform with any applicable fogal requirements at the time,
All € istrict and County employees may bid,to cuire surplus Fire Prot tion I�lstrtct property, accept
employees who have direct occese to Information not:generally available to the put tic or who Influence the
purchase or sale of right of way or other reel property.
THE INFORMATION CONTAINED HEREIN IS BELIEVED,RELIABLE,BUT IS NOT GUARANTEED.
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OPTION TO PURCHASE AGREEMENT
1. GRANT OF OPTION.
In consideration of the sum of Ten Thousand Dollars ($10,000), receipt of which is hereby
acknowledged, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a county fire protection
district organized pursuant to Health &Safety Code§13801, et seq. ("District"), does hereby grant
to("Gptionee")the exclusive right and option to purchase,on the following terms and conditions,the
real property described in Exhibit"A"attached hereto and made a part hereof, and further identified
as A.P.N. 184-161-019.
2. COMMENCEMENT AND TERMINATION DATES
The option granted under this agreement shall be exercisable for a period of sixty(60)days beginning
on the first day following the approval of this option by the Board of Supervisors.
3. EXTENSIQN OF OPTION PERIOD.
There may be circumstances beyond the control of the Gptionee which prevent completion of the
terms and conditions within the option period. Under these circumstances, the District may, at
District's sole discretion, provide for an extension of the option period under such terms and
conditions as the District deems reasonable, if it is deemed in the best interest of the District. No
such extension shall be effective unless it is in writing, signed by both parties. It is understood that
Optionse acquires no right, title, interest or equity in or to said property until a deed is recorded.
4, PURCHASE PRICE.
This Agreement gives Gptionee the right to purchase the subject property for the sum of
DOLLARS($ )in cash. In the event the
option granted hereunder is exercised by the Gptionee,the consideration of Ten Thousand Dollars
($10,000)paid by Gptionee to District for the grant of said option,shall be applied to and shall reduce
said purchase price.
5. EXERCISE OF OPTION.
The Gptionee may exercise the option granted under this Agreement by paying the purchase price
to District 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 Fire Protection District.
6. FQRFEIT!JRE OF OPTION GR FAILURE TO--EX
ERCISE OPTION.
If Gptionee shall sail to exercise the option granted under this Agreement,the consideration in the sum
of Ten Thousand Dollars($10,000)paid by Gptionee to District for this Option shall be forfeited to and
become the property of District.
7. A SIGNl1/IENT.
This option and all rights under this Agreement shall be freely assignable, and if assigned by
Gptionee, any and all acts performable by€Gptionee hereunder may be performed by any assignee,
regardless of whether such assignment be before or after the exercise of this option.
�. BI�ARD AFPRCfVAi_.
The sale under this option is subject to the approval of the County Board of Supervisors,as the Board
of Directors of the Contra Costa County Fire Protection District. The Optionee may not take
possession of the property until a deed from Contra Costa County Fire Protection District has been
recorded.
g. INFORMALITIES: CANCELLATION CF SALE
Contra Costa County Fire Protection [district 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 stale by District through no fault, action or inaction of the Optionee, all monies deposited shall be
refunded without payment of interest.
40. TITLE.
The right, title and interest in the property to be sold shall not exceed that vested in the District, 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 {JF THE PROPERTY.
Neither the District 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 District 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. district has provided
to Optionee and Optionee has examined the Pest Control Inspection report. Optionee hereby
releases District, its agents and employees and any other person involved in any way with the Pest
Control Inspection report,repair of the property or sale of the property,from any claim resulting from
any present or future condition of the property.
13. 5EVERABILITY.
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. It DE NIFICATiON.
As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save and Fold
harmless District, 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 District,
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 District for any expenditures, including reasonable attorneys'fees
the District may make by reason of such matters, and if requested by District 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.
16. GRANT DEED.
Upon exercise of the option and approval by the Board of Supervisors, as the Board of Directors of
the Contra Costa County Eire Protection District,the property shall be conveyed by Grant Deed to:
(show nage)
(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)
(telephone)
CONTRA COSTA COUNTY OPTIONEE
FIRE PROTECTION DISTRICT
By: By:
Chair, Board of Supervisors
ATTEST: Phil Batchelor,Authority By:
Administrator and Clerk of the
Board of Supervisors
By:
Deputy
P S:9pp
C:1CtpDatai,,Rea1Prop\1999-F11esi99-315A3-CCCFPD.doc