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HomeMy WebLinkAbout5696 - Sale of Surplus PropertyTHS,mec 11/30/62 RESOLUTION NO. f6 (. 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 .i, 5. r • 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 are surplus property and there is no present or prospective need for it. PARCEL A 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 claps, 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 corner of said lot; thence northeasterly along the northwesterly line of said lot a distance of 91095 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 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 B 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 Parcel A is shown on the map dated 3- 31-61, revised 11 -62,. designated,drawing Noe R/W 5017 -L, attached hereto and • r1 L marked Exhibit "A "o Persons interested in purchasing Parcel A should note that neither the sewer line nor the water line extends to this parcel. The approximate location of the sewer and water lines is shown on Exhibit "A "a Said Parcel B is shown on the map dated 3- 31 -61, revised 11 -62, designated drawing No. R/W 5018 -L, attached hereto and marked Exhibit "B "o 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 20 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 propertyo However, it is the opinion of the City Council that the approximate values of the parcels are as follows: Parcel A, $13,500; and Parcel B, $27,5000 Each bid must be sealed and submitted to the City Clerk by 7 :30 Po M. on February 25, 1963. 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. 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 pur- chase 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. 2m 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 February 25, 1963. 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 in an amount of not less than 75% of the ap- proximate value hereinabove 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 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. 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 application 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, 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. t Section 5.' Deed - Title Insurance - Internal Revenue Stamps. Upon completion of the sale and payment of the amount of 3. 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 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 four times and copies of the notice and resolu- tion 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. 4. m - q (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 40 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 one- half per cent (2 1/2 %) 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. ADOPTED this 10th day of December, 1962. Mayor ATTEST: City C er 5. E m Z h 50.00 316Z rQACT 0 ASE' 23�8� �Q /I/EQ,,...(SOUTH LINE SUPEQIOR COURT CASE ,0 30.49' R' Xc. p 5EWEQ 30.50. 30.4`1 h � h V QGOC h 53 a o 7 8 9 /o 30.00' 30.00' 30.00' 30.00' AIEPTZIVE AVE. S. PQ R. R/W a � EXH /B /T "4 " Cl T Y OF NEWPORT AFACH P4yBL /C /NOQlIs DEPARTMENT tyoUTf/ERLY POJQT /ON c*' [Or // BLOC!! 53, RIMEe SECTION N h 2 O n W h O /2 f 30.00' 30.00' 00 SEH/E0 7 1e :ap 5� Rsvv5zo FORMER L Y DV ✓G G - 30 74 ow wo. R/W 5017 -L _ 0 r� u 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. 5696 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 December , 19 62 , by the following vote, to wit: AYES, . COUNCILMEN: Stoddard, Gruber, Cook, Hart, Lorenz, Marshall, Elder NOES, COUNCILMEN. None ABSENT, COUNCILMEN: None Dated this 11th day of December „ 19 62 ' City Clerk.andEx-Of icio Clerk of.the City Council, City of Newport Beach, State of California. •