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HomeMy WebLinkAbout5398 - Sale of Surplus PropertyWWC:mec 4/18/61 RESOLUTION NO. 5398 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 m Description. The City Council hereby finds and determines that the hereinafter described parcels of City-owned real property are surplus property and there is no present or prospective need for it. PARCEL A Lot 11, Block 53, River Section, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 4 page 25 of Miscellaneous Maps, in the office of the county recorder of said county and that portion of Section 29, Township 6 South, Range 10 West of the San Bernardino meridian, according to an official plat of said land filed in the District Land Office, August 4, 1890, described as follows: Beginning at the northeasterly corner of Lot 11; thence westerly along the northeasterly line of said Lot 11 to the northwesterly corner thereof; thence northeasterly along the northeasterly prolongation of the northwest- erly line of said Lot ll to its intersection with the line of ordinary high tide of the Pacific Ocean in New- port Bay designated as "SOUTH LINE" in final decree entered August 22, 1928 in Superior Court Action 23686, a certified copy being recorded September 16, 1928 in book 201 page 253, Official Records; thence southeast- erly along said "SOUTH LINE" to its intersection with the northeasterly prolongation of the southeasterly line of said Lot 11; thence southwesterly along said north- . easterly prolongation to the point of beginning. EXCEPTING therefrom the property described as follows. Beginning at the southeasterly corner of said Lot 11; thence westerly along the southwesterly line of said lot to the southwesterly corner of said lot; thence northeasterly along the northwesterly line of said lot a distance of 91.95 feet; thence easterly on a direct line to a point of intersection with the southeasterly line of said Lot 11, said point of intersection being northeasterly of and distant 95 feet from the southeast- erly corner of said Lot 11; thence southwesterly along said southeasterly line a distance of 95 feet to the point of beginning. 0 PARCEL B A portion of Lot 11, Block 53, River Section, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 4 page 25 of Miscellaneous Maps, in the office of the county recorder of said county, described as follows. Beginning at the southeasterly corner of said Lot 11; thence westerly along the southwesterly line of said lot to the southwesterly comer of said lot; thence northeasterly along the northwesterly line of said lot a distance of 91.95 feet; thence easterly on a direct line to a point of intersection with the southeasterly line of said Lot ll,.said point of intersection being northeasterly of and distant 95 feet from the south- easterly corner of said Lot 11; thence southwesterly along said southeasterly line a distance of 95 feet to the point of beginning. EXCEPTING therefrom the southwesterly 15 feet of the above described property, PARCEL C Lot 14 in Block 48 in River Section, 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, and that certain parcel of land situated in Section 29, Township 6 South, Range 10 West, San Bernardino meridian, according to an official plat of said land filed in the !District Land Office, August 4, 1890, in the city of Newport Beach, county of Orange, state of California, described as follows. Beginning at the northeast corner of said Lot 14 in Block 48 of said River Section; thence northwesterly along the northeasterly line of said Block 48, to the northwest corner of said Lot 14; thence northeasterly along the northeasterly prolongation of the northwest- erly line of said Lot 14 to its intersection with the line of ordinary high tide of the Pacific Ocean:in Newport Bay as designated as "SOUTH LINE ", in final decree entered August 22, 1928 in Superior Court Action 23686, a certified copy thereof being recorded September 16, 1928 in book 201 page 253, Official Records; thence southeasterly along said south line to its intersection with the northeasterly prolonga- tion of the southeasterly line of said Lot 148 thence southwesterly along said northeasterly prolongation to • the point of beginning. EXCEPTING therefrom the southwesterly 127 feet measured from the southwesterly line of said Lot 14. RESERVING an easement for alley purposes, across the north- easterly 7.5 feet of the southwesterly 134.5 feet measured from the southwesterly line of said Lot 14. 2. ti PARCEL D The northeasterly 112 feet of the southwesterly 127 feet of the land comprised of the following described property: Lot 14 in Block 48 in River Section, 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, and that certain parcel of land situated,in Section 29, Township 6 South, Range 10 West, San Bernardino meridian, according to an official plat of said land filed in the District Land Office, August 4, 1890, in the city of Newport Beach, county of Orange, state of California, described as follows: Beginning at the northeast corner of said Lot 14 in Block 48 of said River Section; thence northwesterly along the northeasterly line of said Block 48, to the northwest corner of said Lot 14; thence northeasterly along the northeasterly prolongation of the northwest- erly line of said Lot 14 to its intersection with the line of ordinary high tide of the Pacific Ocean in Newport Bay as designated as "SOUTH LINE ", in final decree entered August 22, 1928 in Superior Court Action 23686, a certified copy thereof being recorded September 16, 1928 in book 201 page 253, Official Records; thence southeasterly along said south line to its intersection with the northeasterly prolongation of the southeasterly line of said Lot 14; thence southwesterly along said northeasterly prolongation to the point of beginning. RESERVING an easement for alley purposes across the northeast- erly 7.5 feet of the said southwesterly 127 feet. PARCEL E All that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows: Lot 4 in Block 434 of Canal Section, Newport Beach, as shown on a Map recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California. Said Parcels A and B are shown on the map dated March 31, 1961, designated drawing No. Lm3074, attached hereto and marked Exhibit "A ". Persons interested in purchasing Parcel B should note that neither the sewer line nor the water line extends to this parcel. Their approximate location is shown on Exhibit "A ". Said Parcels C and D are shown on the map dated March 31, • 1961, designated drawing No. Lm3075, attached hereto and marked Exhibit "B ". Said Parcel E is shown on the map dated March 31, 1961, designated drawing No. Lm3081, attached hereto and marked Exhibit "C" 3. 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 m 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 values of the parcels are as follows: Parcel A, $12,375; Parcel B, $12,375; Parcel C, $13,875; Parcel D, $13,875; and Parcel E, $27,500. Each bid must be sealed and submitted to the City Clerk by 7 :30 P. M. on May 22, 1961. Each bid must be unconditional and must adequately identify the land de- scribed herein for which it is submitted by parcel or otherwise 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. If qualified 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 m 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 May 22, 1961. 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 4. call for oral bids. Each person who has submitted a qualified sealed bid in an amount of not less than 75% of the approximate value herein - above assigned 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 quali- fied 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. 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 written appli- cation the City Council may permit a deposit submitted on one parcel to apply to another parcel for the purpose of qualifying oral bidders after the parcel for which such deposit was-made is declared sold. Upon receiving the highest bid obtainable from a quali- fied bidder Mayor shall declare the property sold to the bidder making the bid subject to approval o.f,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. 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, 5. 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 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 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 additional informa- tion may be obtained from.the City Clerk's office. The notice shall be published once a week for three (3) successive weeks 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 6. 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 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 onem half per cent (2k%) of the amount of such bid as com- mission. (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. 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L -.3D S� M C) 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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. 5398 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 10th day of April 19 61 by the following vote, to wit: AYES, COUNCILMEN: Kingsley, Atkinson, Cook, Stoddard, Hart, NOES, COUNCILMEN: ABSENT, COUNCILMEN: Dated this 19th Lorenz, Somers None None _ day of April 19 61. City Cietk aAd Ex-Officio Clerk of the City Council, City of Newport Beach, State of California.