HomeMy WebLinkAbout5081 - Sale of Surplus PropertyWWC :mec
8/25/59
RESOLUTION NO. 5081
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
City -owned real property, consisting of 86 acres, more or less,
exclusive of roadways, in the City of Huntington Beach, is surplus
property and there is no present or prospective need for it. The
property is more particularly described as follows:
That portion of section 8, Township 6 South, Range 10 West,
in the Rancho Las Bolsas, city of Huntington Beach, county
of Orange, state of California, as per map recorded in
book 51 page 14 of Miscellaneous Maps, in the office of the
county recorder of said county, described as follows:
Beginning at a 4 x 4 post at the northwest corner of said
section 8; thence East 2560.80 feet; thence South 7° West
2655.84 feet; thence West 2196.48 feet to the West line of
said section 8; thence North 2640.00 feet to the point of
beginning.
EXCEPT that portion thereof lying easterly of the following
described line: Beginning at the intersection of the North
line of said section 8 with a line bearing North from the
westerly terminus of that certain course designated "South
88' 45' 00" West 859.00 feet" in the land described in the
deed to the City of Newport Beach, recorded January 9, 1926,
• in book 626 page 26 of Deeds; thence South to said westerly
terminus; thence South 31' 30' 00" East 463.00 feet; thence
• South 20 00' 00" West 635.00 feet; thence South 26° 00' 00"
West 367.30 feet; thence South 67' 30' 00" West 283.00 feet;
thence South 43° 30' 00" West 236.00 feet, thence South 270
45' 00" West 697.00 feet; thence South 36 00' 00" West
361.00 feet to the South line of said land.
ALSO EXCEPT the North 350.00 feet of the West 340.00 feet
thereof.
RESERVING an easement over the East 10.00 feet of the West 50.00
feet thereof for the construction, operation, maintenance,
repair and replacement of water mains and appurtenances.
Said property is shown on the map dated August 24, 1959, attached
hereto and marked Exhibit "A ".
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 bids in any amount for the
sale of said property. However, it is the opinion of the City
Council that the approximate value of the property is $5,000.00
;per acre. Each bid must be sealed and submitted to the City
Clerk by 7:30 P. M. on October 26, 1959. Each bid must be un-
conditional and be accompanied by a deposit of cash or a certi-
fied 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 sixty (60) days pay
the amount of his bid that was accepted by the City. If quali-
fied sealed bids of equal amount are submitted, the one received
first by the City Clerk shall be considered the highest of such
bids for all purposes. 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 purchase and pay as above required shall result in
forfeiture of the deposit to the City. Names of bidders shall
not be disclosed until the bids are opened.
Section 3. Opening 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 October 26,
1959. The Mayor shall conduct the auction and shall announce the
amount of the highest sealed bid and the name of the bidder and
shall then call for oral bids. Each person who has submitted a
qualified sealed bid accompanied by a cash deposit or check as
I
required may make oral bids. 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. To be considered, the
first oral bid must exceed the highest sealed bid by Five Thousand
Dollars ($5,000.00). In conducting the sale, the City Council may
waive informalities in bids and may by motion modify the terms of
this resolution as deemed necessary to obtain the highest price
for the property.
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;
provided, however, that the City Council may continue the sale
until the next regular meeting 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 portion thereof or any interest therein from
sale at any time.
Section 5. Existing Lease - Deed - Title Insurance -
Internal Revenue Stamps. The sale is to be made subject to an
existing farm lease on the property which expires on February 21,
1961, and subject to a license issued to the Federal Aviation
Agency for a fan marker site near the southerly boundary. Both
documents are available for inspection in the City Clerk's office.
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, roadways, rights of way and easements, if
any. The buyer shall pay for all recording costs and the cost
of Internal Revenue stamps.
Section 6. Inability to Convey. If the property cannot
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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 location,
description, zone and approximate size of the property being offered
for sale, the date, place and time the bids will be received and
opened and the fact that additional information may be obtained
from the City Clerk's office. The notice shall be publis4ed once
a week for three (3) successive weeks in September and two (2)
successive weeks in October, 1959, and copies of the notice and
resolution shall be available in the City Clerk's office and
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 any 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
may at the time of submitting such deposit name the
b
broker who has obtained the bidder and has thereby
established 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' %) of the amount of such bid as
commission.
(f) The real estate broker, if any, named in the
sealed bid of the bidder to whom the property is sold,
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 a regular meeting on the 24th day of
August, 1959, by the following vote, to wit:
AYES, COUNCILMEN: Hart Lorenz Somers,
Kingsley, Atkinson, Higbie, Stoddard
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
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STATE OF CALIFORNIA )
• COUNTY OF ORANGE ) SS
CITY OF NEWPORT BEACH ).
• 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. 5081 was duly and
regularly adopted, passed, and approved by the City Council of
the City of Newport Beach, California, at a regular meeting of
said City Council held at the regular meeting place thereof, on
the 24th day of August , 1959$ by the following
vote, to wits
AYES, COUNCILMEN: Hart, Lorenz, Savers, Kingsley,
Atkinson, Higbie, Stoddard
NOES, COUNCILMEN: None
ABbPZT, COUNCILMEN: None
Dated this 28th day of August , 1959.
City Clerk land 'Ex-Officio Clerk of tie
City Council, City of Newport Beach,
State of California.