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HomeMy WebLinkAbout5753 - Surplus City Propertyn j. WWC :mec 3/4/63 r y RESOLUTION NO. 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 are surplus property and there is no present or prospective need for it. PARCEL H A portion of Lot 10, Subdivision of Block 227, Section "A ", Newport Beach, as shown on a map thereof, recorded in Book 4, page 36, of Miscellaneous Maps, records of Orange County, California, more particularly described as follows: Beginning at the most northerly corner of said Lot 10; thence south 27 57' 27" east along the northeasterly line of said Lot 10, a distance of 22.98 feet to the beginning of a curve, concave westerly, having a radius of 502.00 feet; the point of intersection of the semi - tangents of said curve being the intersection of the northeasterly line of said Lot 10 with the easterly line of said lot; thence southeasterly along said curve, through an angle of 10° 58' 31 ", a distance of 96.16 feet to a point 28.24 feet, measured at right angles, from the southwesterly prolongation of the center line of 28th Street (formerly 26th Street), calculated 48.48 feet in width, as shown on a map of Section "A ", Newport. Beach, recorded in Book 4, page 21, of Miscellaneous Maps, records of said Orange County, a radial line to said 502.00 foot curve, from said.point, bears south 73° 01' 04" west; said point being also on a curve, concave northerly,.having a radius of 420.00 feet; a radial line to said curve, from said point, bears North 130 48' 00" west; thence southwest - erly.along said 420.00 foot radius curve through an angle of 170 44' 35 ",-a distance of 130.06 feet to the southwesterly line of said lot 10; thence north 19° 42' 30" west along said southwesterly line of Lot 10, a distance of 68.59 feet to the westerly corner of said Lot 10; thence north 62° 02' 33" east'along the northwesterly line of said lot'118.56 feet to the point of beginning. Containing 12,014 square feet, more or less. V ? It PARCEL I A portion of Lots 8, 9, and 10, Subdivision of Block 227, Section "A ", Newport Beach, as shown on a map thereof, . recorded in Book 4, page 36, of Miscellaneous Maps, records of Orange County, California, more particularly described as follows. Beginnin§ at the most southerly corner of said Lot 8; thence north 70 17' 30" east along the southeasterly line of said Lot 8, a distance of 91.12 feet to the southeasterly corner of said Lot 8; thence north 0° 26' 25" east, along the easterly line of said lot 8, a distance of 11.55 feet to the beginning of a curve, concave westerly and having a radius of 502.00 feet; the point of intersection of the semi - tangents of said curve being the intersection of the northeasterly line of said Lot 10, with the easterly line of said Lot; thence northerly along said curve, through an angle of 8° 16' 45 ", a distance of 72.54 feet to a point 51.76 feet, measured at right angles, from the southwesterly prolongation of the center line of 28th Street (formerly 26th Street), calculated 48.48 feet in width, as shown on a map of Section "A ", Newport Beach, recorded in Book 4, page 21, of Miscellaneous Maps, records of said Orange County; a radial line to said 502.00 foot curve, from said point, bears South 82° 09' 40" west; said point being also on a curve, concave northerly and having a radius of 500.00 feet° a radial line to said curve, from said point, bears north 13a 34' 40" west; thence westerly along said 500.00 foot radius curve through an angle of 11° 12' 32 ", a distance of 97.82 feet to the beginning of a curve, concave southeasterly and having a radius of 15.00 feet; thence westerly and south- easterly along said curve through an angle of 107° 20' 22 ", a distance of 28.10 feet to a line tangent; said line tan §ent being the southeasterly line of Lot 10; thence south 19 42' 30" east along the said southeasterly line of Lots 10, 9 and 8, a distance of 86.05 feet to the point of beginning. Containing 9,539 square feet, more or less. Said Parcels H and I are shown on the map dated Dec. 4, 1962, designated JOB NO. 7859, 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 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 H, $96,110; and Parcel I, $76,312. Each bid must be sealed and submitted to the City Clerk by 7.30 P. M. on June 10-, 1963. 2. 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 bid or an oral bid made at the auction by the bidder said bidder will complete the purchase within thirty (30) days in accordance with the bid that was accepted by the City and the terms of this resolution. 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 - Public Auction. The sealed bids shall be opened and publicly announced at a City Council meeting in the City Council Chamber at 7030 P. M. on June 10, 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 3. 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 within thirty (30) days in accordance with the bid that was accepted by the City and the terms of this resolution. 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 - Public Auction. The sealed bids shall be opened and publicly announced at a City Council meeting in the City Council Chamber at 7030 P. M. on June 10, 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 3. s 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 Upon receiving the highest bid obtainable from a quali- fied bidder on a parcel, the Mayor shall declare such 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. Payment - Terms. The bidder to whom a parcel is sold must make full payment for said parcel to the City within thirty (30) days after the City Council approves the sale or make payment of one -third (1/3) of the amount within said 30 -day period and give a note for the remainder payable in three (3) equal annual installments. Said note shall bear interest at the rate of six per cent (6x) on the unpaid balance and shall be secured by a first trust deed on the property showing the beneficiary as the City of Newport Beach. Section 5. 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 6. 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, roadways, rights of way and easements, if any. The buyer shall pay for all recording costs and the cost of 4. 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 on a parcel, the Mayor shall declare such 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. Payment - Terms. The bidder to whom a parcel is sold must make full payment for said parcel to the City within thirty (30) days after the City Council approves the sale or make payment of one -third (1/3) of the amount within said 30 -day period and give a note for the remainder payable in three (3) equal annual installments. Said note shall bear interest at the rate of six per cent (6x) on the unpaid balance and shall be secured by a first trust deed on the property showing the beneficiary as the City of Newport Beach. Section 5. 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 6. 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, roadways, rights of way and easements, if any. The buyer shall pay for all recording costs and the cost of 4. . a a Internal Revenue stamps within thirty (30) days after the date the City Council approves the sale. Section 7. 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 8. 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 9. 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 10. 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.conditionso (a) The property must be actually sold and the sales price paid to the City in accordance with the terms hereof. (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 5. obtained the bid on behalf of the City and has thereby established eligibility for the commission or a share of ito (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 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. ADOPTED this 11th day of March, 1963, ATTEST o City Clerk 6a 9 N� g�i G a d 2 0 `� 2 PARCEL 'fi s /2, 014 Gq FT \�a. em A v� \ T 3� � C l 1 1 Z � 1 o\ C \ 1\ 1 C Z \ � c o a O 7--56,5 56' . w 42D,�' �5 T3eOI '� 211 m 1 1 81 .P' ✓lid --- — � 1 �Iro S tl N Qlp IlE FAQ_ 3 BY•09'49.ff I gl' " d I -1-97. I♦ e. ii °irBP' I 7-•49065' p O. iD7 °70'22' /O a IN q• 3.00' 7 20. w L °28. 10' IC' I: i y,539 SQ F1' �! 9 i i i i g O -lt SKETCH SHOWING A PORT /ON OF LOTS B, 9, F /O SSelaD/!i/S/OAI BLOCK 22 7, SECT /ON A" • NEWPORT BE.4Cy "w4w,PORT BEACH, CAL./F. JACK S. RAUB LAND SURVEYOR LICENSE No. 2312 136 ROCHESTER STREET P. O. Box 117 COSTA MESA, CALIF. DATE SCALE FIELD BOOK CALC. BOOK DEC, 4, 1962 1 " °40' /06R -48 26 -/32 JOB NO. 7859 0IET6RICM -POBT CL6hRPR1111 Ip00M EXH161 r "A " i 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) 1 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. 5753 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 11th day of March , 1963 by the following, vote, to wit: AYES,. COUNCILMEN: Stoddard, Gruber, Cook, Hart, Marshall, Elder NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Lorenz Dated this 13th day of March 21963 City °Clerk - d E -Officio Clerk of the City Council, City of Newport Beach, State of California.