HomeMy WebLinkAboutMINUTES - 06151999 - C26-C31 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA C0UNTY jg
FIRE PROTECTION DISTRICT
Adopted this Resolution on June 1 , 1999, by at least a four-fifths vote:
AYES= SUTTERVISOR.S CIOIA, UILKD4A, GERBER., AND CANCIAMILLA
NOES: -NODE
ABSENT. OESALj IER
ABSTAIN: NO-NE RESOLUTION NO. 9! 3OO
Gov't Code § 25363
SUBJECT: Resolution of Intention to Sell Fire Protection District Surplus Real Property
Project No. 712666X5139
Vacant Lend at 1450 Babel Lane
Concord Area
CDD-CP #9760
The Board of Supervisors as the Board of Directors of the Contra Costa County Fire
Protection District RESOLVES THAT:
The Board DETERMINES that the parcel of vacant land acquired for fire protection
purposes, located at 1450 Babel Lane, Concord, 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 Bale for said property prepared by the County Real
Property Division.
The Notice of Public Land Bale is APPROVED and the Read Property Division is
DIRECTED to publish the attached Notice of Intention to Bell 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, July 20, 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 haat 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 Cass 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 a $25.00 handling fee to the County Clerk
for filing and a $25.00 fee to Community Development for processing 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 the City
of Concord.
I hereby certify that this is a true and correct
G:\CrpCata\Rea!Prop\1999-F 1e6199.51BR613ABEL LN.CON-doc copy of an action taken and entered on the
or€9.t)ep5f.: Public Works(RP)
contact: Ptmysrs{ 25}313-2222 minutes of the Board of Supervisors on the
cc: Pnav Accounting date shown.
Cou}ty Administrator
Assassor
Auditor-Controller ATTESTED: i
Community Development Dept ,?'�� ���
DeslgnrEnvirorrnentai PHIL BATCHELOR,Cleric of the Board of
Contra Costa County=ire Protection District Supervisors and County Administrator
RESOLl11`It1h1 NO. 99!30OBy
Deputy
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 vacant residential lend hereinafter described:
Assessor's Parcel No. 132-010-006, located at 1450 Babel Leve, Concord, California.
The auction will be held in Conference Room "°A" at 255 Glacier Drive, Martinez, California,
on Tuesday, July 20,1909, at 2;00 p.m.
Minimum Bid is $425,000.
Terms and Conditions of Sale are available at the office of County Reel 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 Carder 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
Eby
poly Cierk
GARea1Prop\1999-ri�es\99-5\9.RsBaae3Lnco i.doc
RESOLUTION NO. 99/300
CONTRA t LIC WORKS,DEPARl A 4T
COSTA INITIAL STUDY
COUNTY OF ENVIRONMENTAL SIGNIFICANCE
PROJECT# 7126-6XS139
CP#97-6Q
PROJECT NAME: Babel Leve - Sale of Surplus Property
PREPARED BY: Janet Frattin° DATE: August 22, 1997
P t
APPROVED �Y. M � DATE: --
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 based
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 15205(b)(4). However, if the property was located
withirT these areas, its sale would be exempt if the property complied with the conditions luted in the
CEQA Guidelines Section 15312(a) and (b).
What changes to the project would mitigate the identified impacts. NIA
SS Quad Sheet Clayton Base leap Sheet# J15 parcel # 132-001-010
GENERAL CONSIDERATIONS:
1. Location: The parcel is located along the gest .side of Babel Lane south of Clayton Road in the
central county city of Concord (Figures 1-3)..
2, project Description: The project consists of the sale of an approximately 2.37 acre vacant
parcel located between commercial uses on the north and residential parcels on the south. The
property was purchased in 1969 for fire district purposes. The Contra Costa County Fire
Protection District no longer needs the site 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 public concern?
] yes no maybe (Nature of concern):
4. Will the project require approval or permits by other than a County agency?
yea [*/] no Agency Name(s)
5. Is the project within the Sphere of Influence of any city? Yes, Concord.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT
TLNTotice 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:Joseph J. Olsen - Public WoLk§.,D2pt
Project Description, Common Name (if any) and Location: Babel Lane - Sale of SuEplus Property,,
County File #CP 97-59:The project consists of the sale of an approximately 2.37 acre vacant parcel
located between commercial uses on the north and residential parcels on the south. The property
was purchased in 1969 for fire district purposes. The Contra Costa County Fire Protection Ditrict no
longer needs the site 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.
Project location: The parcel is located along the west side of Babel Lane south of Clayton Road
in the central county city of Concord,.
This project is exempt from CEQA as a:
Ministerial Project(Sec. 15268) Other Statutory Exemption, Section
Declared Emergency(Sec. 152691 General Rule of Applicability(Section 15061(b)(3)
X)
Emergency Projectt,(Sec. 15269(1)or(c))
Categorical Exemption, 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)A. 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 *1 5312(a) and (b).
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
1 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 filling date.
-signature Title
Applicant,
County Public Works Department
255 Glacier Drive
Martinez,CA 94553
Attn: Janet Frattin! County Clark Fee$25 Due
h:\.noe"s\babel;'n.noe
(Rev.4190
NOTICE OF
PUBLIC LAND
CONSRA do—OS—TA Option to Purchase
Auction Sale
COUNTY FIRE
DATE July 20, 1 999 '
PROTECTION DISTRICT
SURPLUS PLACE Public Works Department
PROPERTY Conference Room "Asp
255 Glacier Chive
Martinez, CA 94553
i
Vacant
Land
Ag1proved vesting tentative mgp fora nine-lot e!jbdivlSlgn
PROPERTY LOCATION: 1450 Sabel Lane, Concord, CA
East vide of Babel Lane, south of Clayton Road
PROPERTY DESCRIPTION: Assessor's Parcel: 932-010-016
2.37 ± acres, vacant residential lard
Approved cresting tentative map for nine lots.
Please refer to the enclosed materials for details.
PROPERTY INFORMATION: Siwe 2.37± acres
Zoning Rab Sande Family Residential
General Placa; Lour Density Residential
Utilities: Water, sewer, gas and electric, telephone
MINIMUM UM SID. $425,000
OPTION DEPOSIT AMOUNT: $20,000.00 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 sof
Supervisors acting as the Sward of Directors of the
Contras Costa County Fire Protection District. s
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
REAL PROPERTY DIVISION
255 GLACIER DRIVE, MARTINEZ, CA 94553 °
For additional Information,call Past Sayers, Senior Real Property Agent at(925) 313-2222
Monday through Thursday between 8:00 arra. and 5.00 p.m.
ORAL BIDDING
In order to participate In the bidding procedure a CASHIER°S CHECK,CERTIFIED CHECK, OR
MONEY ORDER, In the amount of$20,000 must be deposited with the auctioneer prior to the start of
bidding. No exceptions.
Bidding will open at the$425,000 set bid and continue thereafter until the highest oral bid is finally accepted.
At the close of bidding,the highest bidder will be required to execute an"Option to Purchase Agreement"and
to leave with the auctioneer their $20,000 non-refundable deposit in the form of a 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 District 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 District,or to withdraw the property from the sale.
BIDDER DEFAULT
In the event that the high bidder falls to exercise his or her Option within the Option period or defaults in
completion of the sale, the District may, at its discretion, offer the Option to the second highest bidder. If the
second highest bidder accepts the offer, the deposit requirement and teras 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 evert any terra or condition in the agreement conflicts with or violates any statutory requirement's 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 District and County employees may bid to acquire surplus Fire Protection District 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 ether real property.
TIME INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE,BUT IS NOT GUARANTEED.
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OPTION AGREEMENT BETWEEN
THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
AND THE OPTIONEE NAMED HEREIN
Recitals .
a, CONTRA COSTA COUNTY PIKE PROTECTION DISTRICT, a county fire protection
organized pursuant to Health & Safety Code § 13801, et seq., ("District")is the owner of the
certain real property described in Exhibit"A"attached hereto and made a part hereof, and
further identified as A.P.N. §32-0 0-006, a vacant parcel of approximately 2.37 acres,
located at 9460 Babel Lane, Concord, hereinafter referred to as the "Property."
b. District proposes to sell the Property.
C. , ("Optionee')desires to acquire the exclusive right to
purchase the Property at an agreed price and under the specific terms and conditions below,
2. Effective late.
The effective date of this Option shall be the date that this Option is approved by the Contra
Costa County Board of Supervisors, as governing body of the District.
3. Grant of Option.
District grants to Optionee the exclusive option to purchase the Property on the terms and
conditions in this Option Agreement.
4. Term of Option.
The.term of this option shall commence on the Effective Date and shall expire or terminate
on the earliest of the following dates:
a. Option Period. Forty five (45)days following the Effective Date, unless during said
period District receives from Optionee written notice that Optionee wishes to extend
the Option Period.
b. Extension of Option Period. District, in its sole discretion, shall have the right, but
not the obligation, to extend the terra of the Option Period under such terms and
conditions as District believes is reasonable, if District, in its sole discretion, believes
such extension Is warranted. No such extension shall be effective unless and until it
is in writing signed by both parties.
C. Breach. Immediately upon a breach or default by Optionee under this Option
Agreement.
d. Purchase. The date that the Optionee acquires the entirety of the Property.
1
5. Consideration for Option.
8. Payment. As consideration for the Option granted under this Agreement, Optionee
agrees to pay District the sum of Twenty Thousand Dollars ($20,000) upon the terms
and conditions outlined herein, said amount to be credited to the Purchase Price of
the Property ("Option Consideration"). The Option Consideration shall be paid before
the date this Agreement is approved by the Board of Supervisors. The Option
Consideration shall be paid at the Public Works Department, Real Property Division,
255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County Fire
Protection District,
b. Retention of Option Consideration. Except as provided in Section 10 below, all
Option Consideration paid to or on behalf of District shall belong to District and be
retained by District,whether or not Optionee ultimately exercises its right to purchase
the Property. District shall have no obligation to account for the Option Consideration
to Optionee.
6, Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at District's Option the sale may be
consummated through an escrow at a title company to be selected by District ("Title
Company"). In such case, Optionee hereby authorizes District to prepare and file
escrow instructions with said Title Company on behalf of Optionee in accordance
with this Agreement. Escrow shall be deemed to be closed and the Property shall be
deemed to be conveyed on the date the deed to Optionee is recorded ("Closing
Date").All escrow fees, recording fees, documentary transfer taxes or other real
estate transaction taxes or fees, by whatever name known, including broker's
commission, if any, and personal property sales taxes where applicable, will be paid
solely by Optionee. If title insurance is desired by the Optionee, Optionee will be
solely responsible to pay the premium charged therefor.
b. Purchase Price. The purchase price ("Purchase Price")for the Property during the
Option Term is the sum of Dollars
($ ), All Option Consideration paid by Optionee shall be credited to
the Purchase Price of the Property. The Purchase Price shall be paid at the Public
Works Department, Real Property Division, 256 Glacier Drive, Martinez, CA 94553,
payable to the Contra Costa County Fire Protection District.
C. Title; Grant Deed. The right, title and interest in the Property to be conveyed by
District pursuant to this Agreement shall not exceed that vested in the District, If the
Optionee exercises its option, the Property shall be conveyed to Optionee subject to
all title exceptions, restrictions, easements, liens and reservations,whether or not of
record. The sale under this Option is subject to the approval of the Contra Costa
County Board of Supervisors. The Optionee may not take possession of the
Property until a deed from the Contra Costa County Fire Protection District has been
recorded. If the Optionee exercises its Option, upon approval by the Board of
Supervisors, the District shall convey title to the Property to the Optionee by Grant
Deed. It is understood that Optionee acquires no right, title, interest or equity in or to
said property until a grant deed to Optionee is recorded.
2
/
7. Exercised
From and after the Effective Date, this Caption may be exercised by Captionee's delivering to
District before the expiration of the applicable Option Terra,written notice of the exercise
("Exercise Notice")and payment of the Purchase Price to the District.
S. Condition of the Property.
Neither District, nor its agents or employees have made any warranty, guarantee or
representation concerning any matter or thing affecting or relating to the Property nor does it
assume any responsibility for the conformance to codes or permit regulations of the city or
District within which the Property is located.
Optionee warrants that Optionee Is a sophisticated owner and developer of real property,
familiar and experienced with requirements for development of real property. If Optionee
exercises this Caption, Optionee will accept the Property in an "as is"condition. District has
not made and does not make any representation as to the physical condition of the Property.
Optionee has or will conduct an Independent investigation with respect to zoning and
subdivision laws, ordinances, resolutions and regulations of all governmental authorities
having jurisdiction over the Property, and the use and improvement of the property. District
has not made any representation regarding any of these matters.
Optionee hereby releases District, Its agents, officers and employees; and any Cather person
involved in any way with the repair of the Property or sale of the Property from any claire
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 understands and
agrees that if Optionee exercises this Option, the following clause will be included in the
deed to the buyer,
"it Is mutually agreed and understood that this property may be
subject to soil instability and that the Grantee(s)for themselves and
their successors or assigns, hereby waive any and all claims for
damages from further earth movement or soil instability which may
occur because of prior actions by Contra Costa County, the Contra
Costa County Fire Protection District, their respective officers,
contractors, agents and employees, or any Cather person or entity."
g. Right of Entry. During the terra of this Option and prior to the Closing Cate, Optionee, its
agents, contractors and employees, shall have the right to enter the property at all
reasonable times for the purpose of performing reasonable tests, engineering studies,
surveys, soil and environmental tests and other tests, surveys, studies, and investigations of
the Property as Optionee determines necessary or desirable. Optionee will defend,
Indemnify and hold District harmless from any claim, loss or liability in connection with any
entry by Optionee, its contractors, agents and employees and Optionee will be solely
responsible for all coasts incurred in connection with these activities or Captionee's
investigation of the Property.
3
e ;
10. Informalities„ Cancellation of Sale.
District reserves the right to waive any informality or irregularity on any offer or cancel the
sale at any time prior to recording of a deed. In the event of cancellation of sale by District,
through no fault, action or inaction of Optionee, all monies deposited shall be refunded
without payment of interest.
11. Notices.
All notices (including .requests, demands, approvals or other communications)under this
Agreement shall be in writing.
a. notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be deemed
delivered three (3)business days after deposit in the united States Mail.
(2) When mailed by certified mail with return receipt requested, notice is effective
on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a rationally recognized overnight
courier, notice shall be deemed delivered one (1)business day after deposit
with that courier.
(4) When personally delivered to the recipient, notice shall be deemed delivered
on the date personally delivered.
b. The place for delivery of all notices given under this Agreement shall be as follows:
District: Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2222
Fax: (925)313-2333
Optionee:
(Name)
(address)
(Telephone)
(Fax)
or to such other addresses as Optionee and District may respectively designate by
written notice to the other.
4
L--a-
12,
1 , A►ssignment, Successors and Third-Party Rights.
This Caption and all rights under this Agreement shall be freely assignable. This agreement
shall be binding on and inure to the benefit of the parties, and their respective heirs, personal
representatives, successors and assigns. Nothing in this Agreement,express or implied, is
intended to confer on any person, other than the parties and their respective successors and
assigns, any rights or remedies under or by reason of this Agreement.
13. Construction.
The section headings and captions of this Agreement are, and the arrangement of this
instrument is,for the sole convenience of the parties to this Agreement,The section
beadings, captions and arrangement of this instrument do not in any way affect, limit, amplify
or modify the terms and provisions of this Agreement, This Agreement shall not be construed
as If it had been prepared by one of the parties, but rather as if bath parties have prepared it.
The parties to this Agreement and their counsel have reed and reviewed this Agreement and
agree that any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not.apply to the interpretation of this Agreement,
14. Further Assurances.
',Whenever requested to do so by the other party, each party shall execrate, acknowledge and
deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers
of attorney, instruments of further assurance, approvals, consents and all farther instruments
and documents as may be necessary,expedient, or proper In order to complete all
conveyances, transfers, sales, and assignments under this Agreement, and do all other acts
and to execute, acknowledge,and deliver all documents as requested lir order to carry out
the intent and purpose of this Agreement.
I& Governing Law.
This Agreement shell be governed and construed in accordance with California Law. The
venae for any legal action pertaining to this Agreement shall be Contra Costa County,
California.
16. Severability.
Should any terra, portion or provision of this Agreement be finally decided to be in conflict
with any law of the united Metes or of the Mate of California, or otherwise to be
unenforceable or ineffectual, the validity of the remaining parts, terrors, 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 parties intended to enter into lir the first instance.
17. Indemnification.
As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save
and hold harmless District, its officers, agents, and employees,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,from any cause whatsoever, including the sole
or joint negligence of District, its agents, officers or employees, arising directly or indirectly
from or connected with any present or future condition of the Property or use of the Property
5
which is the slab ect of this Agreement, or any representations, misrepresentations or non-
representations regarding its condition or use, and will, make good to and reimburse District
for any expenditures, including reasonable attorneys'fees that District may make by reason
of such matters and, if requested by District,will defend any such nits at the Optionee's sole
expense.
18, Survival.
All of the terms, provisions, representations, warranties and covenants of the parties under
this Agreement shall survive the close of escrow of the Property, shall be fully enforceable
after the dosing [date in accordance with their terms and shall not merge in the deed or
other documents following the delivery and recordation of said deed or other documents,
19. Quitclaim Deed.
If this Agreement is terminated, Optionee agrees, if requested by District, to execute,
acknowledge, and deliver a quitclaim deed to District within ten (10)days after termination
and to execute, acknowledge, and deliver any ether documents required by any title
company to remove the cloud of this Caption from the Prot".
20. Negation of Optionee or Partnership.
No provision of this Agreement shall be construed as raking either party an agent or partner
of the other party.
21. Time of Essence.
Time is of the essence for the Option Agreement. if the Caption is not exercised in the
manner provided in Section 7 before the expiration of the applicable Option Terra, Optionee
shall have no interest in the Property and the Caption may not be revived by any subsequent
payment or further action by Optionee.
22. Waivers.
No waiver of any breach of any covenant or provision in this Agreement shall be deemed a
waiver of any other covenant or provision in this Agreement, and no waiver shall be valid
unless in writing and executed by the waiving party.
23. Amendment.
This Agreement may not be amended or altered except by a written instrument executed by
District and Optionee.
6
24. Entire Agreement.
This Agreement contains the entire agreement between the parties respecting the matters
set forth, and expressly supersedes all previous or contemporaneous agreements,
understandings, representations or statements between the parties respecting this matter.
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
APPROVED AS TO FORM
By:
District Counsel
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
G:\Rea!Prop\1999-Files\99-6'FlrePmtectio.doe
June 7, 1999
EXHIBIT "A"
Lot 16, as shown on the Map entitled, "Map of Greenfield Tract, Contra Costa County,
California", filed on ,duly 1, 1915 in Book 12 of maps, at Page 276, tDontra Caste Chanty
Records.
Assessor's parcel No: 132.010-006
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 15, 1999, by the following vote:
AYES. GIGIA, UILM"I,A, GERBER, AND (:&Nc,IAMJLLA
NOES: NONE
RESOLUTION NO. 99/301
ABSENT: DeSADLKER (GOV. CODE § 25363)
SUBJECT: Sale of Fire Protection District Surplus Reel Property
2273 Whyte Park Avenue Surplus (former Saranap Station 3)
Project No,7126-6X5140
Walnut Creek Area
The Board of Supervisors of Contra Costa County, as the Board of 'Directors of the
Contra Costa County Fire Protection District, RESOLVES THAT:
The Board by Resolution No. 991158 dated April 6, 1999, determined that the
District owned parcel described in the Notice of Public Auction Sale attached to said
Resolution was surplus and that it was not needed for public use.
The Notice of Public Auction Sale set 2:00 p.m. on May 18, 1999, at 255 Glacier
Drive, Martinez, CA, 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 $420,000 by Jacques Harguindeguy at
which time the amount of $10,000 was deposited as an option-bid deposit to secure
completion of the transaction.
The Board APPROVES the Option to Purchase Agreement with Jacques
Harguindeguy and the Board Chair is AUTHORIZED to execute said Agreement. The
Public Works Director is AUTHORIZED to execute any necessary extensions provided for
in said Agreement.
Said bid is hereby ACCEPTED and the Board Chair is AUTHORIZED to execute
a grant deed to Jacques and Betty A. Harguindeguy, 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
Contacts Pat Smyers (313-2222) copy of an actio taker,and entered on the
minutes of the Board of Supervisors on the
cc, County Administrator date shown.
Auditor-Controller
Assessor ATTESTED: ,TUNE 15, 1999
Public Works Accounting PHIL BATCHELOR,Clerk of the Board of
Supervisors and County Administrator
Orig.Dept.: Public Works(R/P) r
ps:ln By eta✓` .�-_ deputy
G:\GrpData\RealProp11889-Flies\99-5\%R7-Whyte Pr"Apvi.doc
r.. Recorded at the request of.
Jacques Harguindeguy
Return to.
Jacques Harguindeguy
167 Richard Large
Walnut geek, Ca 9459
Assessoes Parcel No. 184-161-019
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FIRE PROTECTION [DISTRICT, a county fire protection district,
organized pursuant to Health & Safety Codes § 13801, et seq.
Grants to Jacques Harguindeguy and Betty A. Harguindeguy, his wife, as Joint Tenants, the
following described real property in the unincorporated area of the County of Contra Costa,
Mate of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A DART
HEREOF,
CONTRA COSTA COUNTY
FIRE PROTE IC)N DISTRICT
a �
Dated Ime1,, 1999 BY
ir, Beard of Supervisor
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
On june 15, 1999 before E'g'le,
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator,Contra
Costa County, personally appeared
Joe Canciarnilla ,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 per-
son(s)acted,executed the instrument,
By:--94�
Deputy Clerk
Ps:n,
'a1�E#.AEt�A�A1Crp[5si�l�t��#�;t�p1!69'ig9E�alFt954'.!`�.3A+},;.Yl� uyd�.
Whyte Park Surplus
Lot Line Adjustment
APN 164-161-019
EXHIBIT "All
Zeal property in an unincorporated area of the County of Contra Costa, State of California,
being Lots 1,2, and a in Block "A".as designated on the map entitled "Dewing Park
Extension, Contra Costa Co., Calif", filed December 20,1916 in Book 15 of laps, Page
314, described as follows:
Beginning at the northeast corner of said Lot 1 (15 M 314) thence along the easterly Eine
of said Lots 1,2, and 3, south 311,39' east 120.00 feet to the southeast corner of said Lot
3: thence Tong the southerly line of said Lot 3, south 681,21' west 102.60 feet to the
southwest comer of said Lot 3; thence along the westerly line of said Lot 1,2 and 3. north
2069' west 122.14 1, feet to the northwest corner of said Lot 1; thence along the northerly
fine of said Lot 1, north 3021' east 30.00 feet to the Point of Beginning.
Containing an area of 10,066 square feet (0.25162 acres) of land, more or less.
This real property, description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature:' '
Licensed Land Surveyor 3
Contra Costa County Public Works
Hca. 5
Date: -
' � Ci►4.�
:\GrpOata 0asignQitr SMagalsWVhy;e-.dao
�Q3=g�
OP'nON TO PURCHASE AGREEMENT
€. -GRANT QE ORILQN,
In consideration of the sum of Ten Thousand Collars ($10,000), receipt of which is hereby
acknowledged, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,a county fire protection
district organized pursuant to Health &Safety triode§13301, et seq. (*District"),does hereby grant
to("Optionee")the exclusive right and option to purchase, on the following terms and conditions,the
real property described In Exhibit"A"attached hereto and made a pert hereof, and further identified
as A.P.N. 184-151-019.
2. +Q„OMl .;,= lQEME SIT AND TERMINATION 06MS
The option granted under this agreement shall be exercisable for a period of sixty(50)days beginning
on the first day following the approval of this option by the Board of Supervisors.
3. TANS QN C _QPTI_Q EERI0D.
There may be circumstances beyond the control of the Optionee which prevent completion of the
terms and conditions within the option period. Under these circumstances, the District may, at
District's sole discretion, provide for an extension of the option period under such terms and
conditions as the District deems reasonable, if it is deemed in the best Interest of the District. No
such extension shall be effective unless it is in writing,signed by bath parties. It is understood that
Optionee acquires no right,title, interest or equity in or to said property until a deed is recorded.
4. PURCHA ER� €CE.
This Agreement gives Optionee the right to purchase the sub'ect property for the sura of
' 2 _DOLLARS ($ j2QQ A In cash. In the event the
option granted hereunder Is exercised by the Optionee,the consideration of Ten Thousand Collars
($10,000)paid by Optionee to District for the grant of said option,shall be applied to and shall reduce
said purchase price.
5. aESMSE,QF OPTION,
The Optionee 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. t QR—FEMIRF-{7F QF!TION DR_F61LU TQ EXER-1SS PTjQN
If Optionee shall fail to exercise the option granted under this Agreement, the consideration in the sura
of Ten Thousand Dollars($20,000)paid by Optionee to District for this Option shall be forfeited to and
become the property of District.
T. 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 atter the exercise of this option.
ARD APPR9-YAL.
The sale lander 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.
ge 1 ai�FC_i+tiytA€.i'1 ESNs °I'I4N CFS
Contra Costa County Fire protection District reserves the right to waive any info."ality or irregularity
in any offer, or cancel the sale at any time prior to recording of a deed. In the event of cancel€ation
of sale by District through no fault, action or Inaction of the Optionee, all monies deposited shall be
refunded without payment of interest.
10.
The right,title and interest In the property to be sold shall not exceed that vested In the District,and
the property is bung sold subject to all tale exceptions, restrictions, easements and reservations,
whether or not of record. The Optionee may obtain a policy of title insurance at Cptionee's own
expense.
EM AND TAM.
The Optionee shall pay all recording fees,documentary transfer takes,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. Q NDITIONOF R92EBM
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 OPTION '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 Fest 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.
91 BJUEMBILIM
Should any part,term,portion,or provision of this Agreement be finally decided to be In conflict with
any lav of the United Mates or of the Mate 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. $NDE M1NIFJQMION.
As partial consideration for this Agreement,Optionee shall defend, Indemnify, protect, save and hold
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 Mise whatsoever,including the sole or joint negligence of District,
2
Imo' �
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.
. !28ANI.9
5E,Q,
Upon exercise of the option and approval by the Board of Supervisors, as the Board of Directors of
the Contra Costa County Fire Protection District,the property shall be conveyed by Grant Creed to.
-Z'a C - a.Y
.. v°�1u4-F G./ {
(sh
n e)
A? . 1 j4C1'11
74 4Ln
(show how title to be vested)
16. N-91 M9 B.
All notices and services pertaining to matters arising in connection with this transaction may be made
upon Optionee in persona or by registered nail addressed to Optionee at:
/&
(telephone)
CONTRA COSTA COUNTY OPTIONEB
FIRE PROTECT iC3 IBTRICT
d
By:
, Board of Supervisors
T: Phil Batchelor,Authority By:
is for and Clerk of the
o d of Supervisors
lie ty
PS:gpp C
G-.%Grp}atalPr p\lg9gaFlles% 9-3\SA =FPD.d c
Whyte Park Surplus
Lot Line Adjustment
APP 154-161_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 Bloch "A"_as designated on the map entitled "Dewing Park
Extension, Contra Costa Co., Calif', fled December 20,1916 in Boob 15 of Maps, Page
314, described as follows:
Beginning at the northeast corner of said Lot 1 (15 M 314) thence along the easterly lire
of said Lots 1,2. and 3, south 31039' east 120.00 feet to the southeast corner of said Lot
3; thence along the southerly line of said Lot 3, south 581121' west 102.50 feet to the
southwest corner of said Lot 3; thence along the westerly line of said Lot 1,2 and 3, north
20059' gest 122.11 feet to the northwest comer of said Lot 1; thence along the northerly
line of.said Lot 1, north 55021' east 30.00 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 my direction, in
confon:lance with the Professional Land Surveyors Act.
71;�v
Signature: r�°Licensed Lanyor
Contra Costa County Public Works
Date: �-
9-C3-9�
a
TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District
FROM: J. MICHAEL WALFORD, GRIEF ENGINEER
DATE: June 15, 1999
SUBJECT: SAN® CREED ACCESS EABESMENT, BRENTWOOD
Project No.: 0651 a6L33A
SPECIFIC REQUEST(S)OR RECt)Iv MENDAT ON(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. ACCEPT Grant of Easement dated May 25, 1999 from the City of Brentwood.
B. DIRECT the Real Property Division to have the above referenced Grant of Easement recorded
in the Office of the County Recorder.
11, FinancialImpact:
None.
Continued on Attachment: SIGNAT URE:
f
_RECOMMENDATION oCOUNTY ABMINIST°iRATOk
RECOMMENDATION of BOARD COMMITTEE
APPROVE —OTHER
HER
SIGNATURE(S):
,ACTION OF BOARD ON June 15, 1999 APPROVED AS RECOMMENDED�OTHER
VOTE of SUPERVISORS
X UNANIMOUS (ABSENT LV )
AYES: DOES: i hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
ATTESTED: .JUNT, 15, 1999
LO:fn:eh PHIL BATCHELOR,Clerk of the Board of
g:\vrpData\RealProp\9999-a`iles\99-5\BO92COB.doc Supervisors and County Administrator
orIg.Div: Public Works(RIP) By_ �>��� ��� .�%#� Deputy
Contact: L. Lucy Owens(925)393-2229) -r
cc. County Administrator
P.W.Accounting
Recorder(via R/P)
Sand Greek Access Easement, Brentwood
June 1 5, 1 999
Page
Ill. ea d;
The City of Brentwood will be constructing a pedestrian bridge across a portion of the Sand Creep
channel. In order to accommodate the bridge a portion of the District's existing maintenance road
will be realigned outside the District's right of way and onto the City's property. It is necessary for
the City to convey access rights to the District for the realignment of the maintenance road.
IVa ative Action:
The City of Brentwood will not be able to construct the pedestrian bridge.
ffi
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: June 4 5, 1999
SUBJECT: Drainage Area 56-- Release of Conditions for Relinquishment of Easement.
Project o.: 7566-6D8350
Antioch Area.
?EC FIC REQUEST(S)OR RECOMMENDATION(S)&BACI{GROUND AIDC JUS?IFICA IoI�
I.
Recommended Action:
AUTHORIZE the Chief Engineer to execute a Release of Conditions for Relinquishment of
Easement document.
DIRECT the Real Property Division to deliver said document to the Releasee for recording.
If. FinanciallTpact.
Payment of $70,000 to Drainage Area 56 by the Releasee, Lone Tree Investments, Inc. and
Donald A. Williamson, Trustee of The Donald A. Williamson Living Tryst.
Continued on Attachment: X SIGNATURE: r , A t
RECOMMENDATION of COUNTY ADMINISTRATOR �r>
RECOMMENDATION of BOARD COMMITTEE
—APPROVE OTHER
SIGNATURE(S):
ACTION OF SOARD ON APPROVED AS RECOMMENDED OTHER
VOTE of SUPERVISORS
X € NANIIU OUS(ABSENT iv $
AYES: NOES- copy
hereby certify that this is a true and correct
ABSENT: copy of an action taken and entered on the
ABSTAIN
-- —� —�--- minutes of the Board of Supervisors on the
date shown.
ATTESTED. JUNE 15, 1999
DD:fn°eh FML BATCHE LOO,Clerk of the Board of
g:\RealProp\1999-Files\99-5\B0427Drair.ageArea56.doc Supervisors and County Administrator
Orig. Div. Public Works(RJF') By ` Ceputy
Contact: Donna Dawkins (393-2224)
cc, Auditor-Controller(aria Rlls)
P.W.Accounting
Recorder(via R/P)
Drainage Area 56 a Release of Conditions for Relinquishment of Easement.
June 15, 1999
Page 2
Ill. Reasons for Recommendations and Bao�gr+�unda
Pursuant to terms of the settlement of Superior Court Case C-69-92965, the Flood Control
District paid $70,000 for a drainage easement with the stipulation that repayment would be
required when the easement was no longer needed. A document entitled "Conditions for
Relinquishment of Easement was recorded on December 9, 1993 in book 19249 or page 607
stating these terms. The releasee is planning to sell the property to a developer and wishes to
repay the $70,000 to have the conditions released. The easement may no longer be needed
and may interfere with the development plan.
IV. Consequences of Native Action.
Violation of the terms of the settlement and development of the property with open drainage
ditches.
4
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: JUNE 15, 1999
SUBJECT., SAID RAMON CREEK a 1456 Paseo Nogales Road, Alamo
Project No.: 7520-6B8377
s Z , , . uN
1. Recommended Action:
A. APPROVE and ACCEPT the Rental Agreement between John and Laura Huie and Contra
Costa County Flood Control and Water Conservation District.
B. AUTHORIZE the Chief Engineer to execute said Dental Agreement on behalf of the District.
li, FinancialImRaloto
None
Con � .��--
Continued on Attachment:— SIGNATURE,
RECOMMENDATION OF COUNTY ADMINISTRATOR
- RECOMMENDATION OF BOARD COMMITTEE
—APPROVE —OTHER
SIGNATURE(S):
ACTI=ON OF BOARD ON June 15, 1999 Alit OVER AS RE OMMFNDED OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT IV )
AYES: NOES:
ABSENT: ABSTAIN:
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
99-5/Bd3hule date shown.
99-
Orig. Civ: Public Works (RBI") ATTSSTBD: JUNITE 15, 1999
Contact:L Lucy Owens (313-2229) PHIL BATCHELOR, Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
P.W.Accountin=g
By
Deputy
Sari Ramon Creek® 1456 Paseo Nogales Road, Alamo,
Jure 15, 1999
Page 2
Ills Reasons for Recommendations and Background:
In October of 1984 the District acquired the property, which included a 2,024 square toot single-
family residence, for the San Ramon Creek project. For the past fifteen years, this property has
been occupied, but is now vacant, The District is preparing to sell the property at a public auction;
this could take approximately three to six months to complete. In order to protect the property from
the possibility of vandalism, the District will rent the property on a month-to-month basis until the
property is sold.
IV. Consequences of Negative Action:
The property will be vacant and could become an attractive nuisance. The District would suffer
a financial loss if the property were to be vandalized,
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: June 15, 1999
SUBJECT: NORTH BROADWAY AREA REVITALIZATION PROJECT— BAS' POINT AREA.
Project blas.: 0652-6R4136 Task: ACCO Account No: 3540
SPECIFIC REQUEST(S)OR RECOMMENIDATICN(S)&BACKGROUND AND JUSTIFICATION
I, Recommended Action:
A. APPROVE "Agreement, Release and Right of Entry" between Contra Costa County, Contra
Costa County Redevelopment Agency, and Jeff Hunt.
B. AUTHORIZE Board Chair to execute said Agreement on behalf of the County and the
Redevelopment Agency.
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 15, 1999 APPROVED AS RECOMMENDED_OTHER_
VOTE OF SUPERVISORS
Y UNANIMOUS (ABSENT
AYES: NODES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct
NW:gpp:eh copy of an action taken and entered on the
G:\GrpData\RealProp\1999-FIEes\99-5\BOhunt.doc minutes of the ward of Supervisors on the
Orifi.Div; Public Works(RPR) date shorn.
Contact: Nancy Wanninger(925)313-2227)
cc: County Administrator ATTESTED:_ -.WINE 151 1999
PAuditor-Controller Wuntli (v€a ) PHIL BATCHELOR, Clerk of the Board of
P.W.Account;�g Supervisors and County Administrator
By Deputy
ffi
North Broadway Area Revitalization Project— Bay Point Area
June 15, 1999
Page 2
1. Recommended Action: (Continued)
C. APPROVE payment for said rights and AUTHORIZE the Auditor/Controller to Issue a check
for $2,350 payable to G & D Tow and $1,150 payable to Jeff Hunt, 122 N. Broadway
Avenue, Bay Point, CA 94565, to be forwarded to the Real Property Division for delivery.
11, Financial Impact:
Payment totaling $3,500 from Contra Costa County Redevelopment Agency funds.
ill, Reasons for Recommendations and Background:
The forth Broadway Area Revitalization Project includes the widening of the roadway,
construction of orbs, gutters and sidewalks, and improvement of the existing storm drain system
along Solano Avenue in Bay Point. Property surveys have revealed that a mobile home and other
personal property located in Bob's Trailer Park Space #16 encroach approximately 3 Y2 feet into
the County's road right of way. This encroachment is blocking construction of the planned road
improvements. In addition, there are several code violations which threaten public health and
` safety. The County has notified the homeowner Jeff Hunt of his legal responsibility to remove the
encroachment, he claims he is unable to do so. In order to expedite the project, the County has
agreed to pay lir. bunt $3,500 to assist with the cost of moving the mobile home, setting it up
again and reconnecting utility service according to county code requirements.
IV. Conseguences of 1ilegative Action:
The County will be unable to construct the improvements according to the approved plans and
specifications.