The URL can be used to link to this page

Home My WebLink About4962 - Sale of Surplus Property., V1WC : me c 4/6/59 RESOLUTION NO. Yf62- A 'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING CERTAIN REAL PROPERTY TO • BE SURPLUS, AUTHORIZING ITS SALE AND SETTING OUT THE PROCEDURE FOR ITS SALE WHEREAS, the City has title to the real property herein- after described; and WHEREAS, it appears that there is no present or prospec- tive need for said property and it would, therefore, be in the best interests of the City to sell the same under the following terms, procedure and conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds, determines, resolves and orders: Section 1. Surplus Property - Description. The City Council hereby finds and determines that the hereinafter described parcels of City -owned real property aresurplus property and there is no present or prospective need for it. PARCEL A The southwesterly 119 feet of Lot 8 in Block 51 of River Section, in the City of Newport Beach, County of Orange, State of California, as per map thereof recorded in Book 4, Page 25, of Miscellaneous Maps in the office of the County Recorder of said County. Excepting therefrom the southwesterly 15 feet. PARCEL B Lot 8 in Block 51 of River Section, in the City of Newport Beach, County of Orange, State of California, as per map thereof recorded in Book 4, Page 25, of Miscellaneous Maps in the office of the County Recorder of said County. Excepting the southwesterly 119 feet of said Lot 8. Excepting also that portion lying northwesterly of the northerly line of Lot 2, Section 29, T. 6 S., R. 10 W., San Bernardino meridian. • Including that certain parcel of land situated in Section 29, T. 6 S., R. 10 W., San Bernardino meridian, City of Newport Beach, County of Orange, State of California, described as follows: Beginning at the point of intersection of the southeasterly line of Lot 8, in Block 51, said River Section, and that certain course of the northerly line of Lot 2, Section 29, T. 6 S., R. 10 W., San Bernardino meridian, which course • • bears South 63° 43' East; thence westerly along the northerly line of said Lot 2, Section 29, to its intersection with the northwesterly line of said Lot 8, said Block 51; thence northeasterly along said northwesterly line of said Lot 8, and its northeasterly prolongation to its intersection with the line of ordinary high tide of the Pacific Ocean in Newport Bay designated as "SOUTH LINE ", in final decree entered August 22, 1928 in Superior Court action 23686, a certified copy thereof being recorded September 19, 1928 in Book 201, Page 253, Official Records; thence southeasterly along said tide line to its intersection with the northeast- erly prolongation of the southeasterly line of said Lot 8; thence southwesterly in a straight line to the point of beginning. Said Parcels A and B are shown on the map dated April 2, 1959, attached hereto and marked "Exhibit A ". On each of said parcels there will be reserved to the City of Newport Beach all mineral rights including oil, gas and other hydrocarbons but not the right of surface entry. Section 2. Sealed Bids - Deposit. Said property is hereby offered for sale and bids therefor are invited under the procedure of sealed bidding and public auction as hereinafter set out. The City Council will consider any bids for the sale of said property. It is the opinion of the City Council that the approximate values of the parcels are as follows: Parcel A, $8500.00; Parcel B, $8500.00. Each bid must be sealed and sub- mitted to the City Clerk by 7:30 P. M. on April 27, 1959. Each bid must be unconditional and must adequately identify the land described herein for which it is submitted by parcel or other- wise and be accompanied by a deposit of cash or a certified or cashier's check payable to the City equal to ten per cent (10 %) of the amount bid to guarantee that if the City accepts the sealed bid or an oral bid made at the auction by the bidder said bidder will complete the purchase and within thirty (30) days pay the amount of his bid that was accepted by the City. The deposit or check of the successful bidder shall be applied to the purchase price. All others shall be returned to the bidders. Failure of the successful bidder to complete the pur- chase and pay as above required shall result in forfeiture of 2. name of the highest bidder on the sealed bids and shall then call for oral bids. Each person who has submitted a qualified sealed bid accompanied by a cash deposit or check as required may make oral bids on the land for which he has submitted a sealed bid. Before making an oral bid, any person who has not submitted a qualified sealed bid must submit a cash deposit or certified or cashier's check equal to fifteen per cent (15 %) of the highest sealed bid on the parcel on which such person wishes to bid. To be considered, the first oral bid must exceed the highest sealed bid by ten per cent (10%) of the amount of such high sealed bid. Upon receiving the highest bid obtainable from a quali- fied bidder, the Mayor shall declare the property sold to the bidder making the bid subject to approval of the City Council. Section 4. Withdrawal from Sale. The City Council reserves the right to reject any and all bids or to withdraw the property or any interest therein from sale at any time. Section 5. Deed - Title Insurance - Internal Revenue Stamps. Upon completion of the sale and payment of the amount of the bid, the City will execute a grant deed to and furnish at its expense a standard owners policy of title insurance in the amount of the successful bid showing title vested in the party or parties designated by the successful bidder subject to taxes, assessments • and similar burdens and to covenants, conditions, restrictions, • reservations, rights, rights of way and easements, if any. The City will not pay for recording or the cost of Internal Revenue stamps. Section 6. Inability to Convey. 3. If the property cannot /1l the deposit to the City. Names of bidders shall not be disclosed until the bids are opened. . Section 3, 22ening Bids - Public Auction. The sealed bids shall be opened and publicly announced at a City Council • meeting in the City Council Chamber at 7:30 P. M. on April 27, 1959. The Mayor shall conduct the auction and shall announce the name of the highest bidder on the sealed bids and shall then call for oral bids. Each person who has submitted a qualified sealed bid accompanied by a cash deposit or check as required may make oral bids on the land for which he has submitted a sealed bid. Before making an oral bid, any person who has not submitted a qualified sealed bid must submit a cash deposit or certified or cashier's check equal to fifteen per cent (15 %) of the highest sealed bid on the parcel on which such person wishes to bid. To be considered, the first oral bid must exceed the highest sealed bid by ten per cent (10%) of the amount of such high sealed bid. Upon receiving the highest bid obtainable from a quali- fied bidder, the Mayor shall declare the property sold to the bidder making the bid subject to approval of the City Council. Section 4. Withdrawal from Sale. The City Council reserves the right to reject any and all bids or to withdraw the property or any interest therein from sale at any time. Section 5. Deed - Title Insurance - Internal Revenue Stamps. Upon completion of the sale and payment of the amount of the bid, the City will execute a grant deed to and furnish at its expense a standard owners policy of title insurance in the amount of the successful bid showing title vested in the party or parties designated by the successful bidder subject to taxes, assessments • and similar burdens and to covenants, conditions, restrictions, • reservations, rights, rights of way and easements, if any. The City will not pay for recording or the cost of Internal Revenue stamps. Section 6. Inability to Convey. 3. If the property cannot /1l LJ 0 40 legally be sold by the City or the City is unable to convey mar- ketable title within a reasonable time after the date of sale, the sale shall be void and deemed mutually cancelled, and any price paid or deposit made shall be refunded and no liability of the City shall exist or arise from such cancellation. Section 7. No Warranty. No warranty is made or intended by any statement in this resolution or the notice of sale or other- wise with respect to location, size, zone or utility of any prop- erty or interest therein which is sold or offered for sale. Section 8. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the address or loca- tion, description, zone and approximate size of the parcel or parcels of property being offered for sale, the date, place and time the bids will be received and opened and the fact that ad- ditional information may be obtained from the City Clerk's office. The notice shall be published once a week for three (3) successive weeks and copies shall be available in the Clerk's office and copies will be mailed by the City Clerk upon request. Section 9. Commission. Payment of a maximum total com- mission of five per cent (5 %) of the sales price shall be paid to the real estate broker or brokers entitled thereto, if any, under the following conditions: (a) The property must be actually sold and the sales price paid to the City. (b) Only licensed real estate brokers shall be eligible to be paid a commission. (c) A sealed bid upon which a commission is to be claimed shall so state and shall name the broker who has obtained the bid on behalf of the City and has thereby established eligibility for the commission or a share of it. (d) A person making a deposit of fifteen per cent (15 %) by cash or check as permitted in Section 3 hereof 4. • • may at the time of submitting such deposit name the broker who has obtained the bidder and has thereby es- tablished eligibility for the commission or a share of it. (e) The real estate broker, if any, named in the highest qualified - sealed bid shall receive two and one -half per cent (2-2%) of the amount of such bid as commission. (f) The real estate broker, if any, named in the sealed bid or the real estate broker, if any, named with the deposit of fifteen per cent (15%) submitted by the bidder to whom the property is sold shall receive that portion of the total commission not paid under (e) above. This resolution was adopted by the City Council of the City of Newport Beach at an adjourned regular meeting on the 6th day of April, 1959, by the following vote, to wit: pp AYES, COUNCILMEN: -- NOES, COUNCILMEN: i7 ABSENT COUNCILMEN: ATTEST: City Clerk 5. ) q I/ 4-E-59 k'/ V—=-,e -A61C 77 A./= MUBM -"A" L INC-- tl 41 ij J, -57 A1.9 Rl Ve Floe C 7-1041 ti 7VE-,C:7 79y-�H VIE. AIP/W 07 4-E-59 k'/ V—=-,e -A61C 77 A./= MUBM -"A" • 40 40 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) SS I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 4962 was duly and regularly adopted, passed, and approved by the City Council of adjourned the City of Newport Beach, California, at a regular /meeting of said City Council held at the regular meeting place thereof, on the 6th — day of April , 19 59, by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: Hart, Lorenz, Somers, Kingsley, Atkinson, Higbie, Stoddard None ABSENT, COUNCILMEN: None Dated this 8th day of April , 1959. City lerk nd -0— ff1c10 Clerk of t e City Council, City of Newport Beach, State of California. PK