Loading...
HomeMy WebLinkAbout7361 - Sale of Surplus PropertyAf RESOLUTION NO. 7361 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 of Newport Beach has title to the real property hereinafter described; and WHEREAS, it appears that the City has no present or prospective need for said property; and WHEREAS, no qualified public agency has offered to purchase the property at fair market value for park and recreation purposes pursuant to Title 5, Division 2, Article I of the California Government Code; and WHEREAS, it would be in the best interests of the City to sell said property 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- owned real property hereinafter described is surplus property, and there is no present or prospective need for same: The north 350.00 feet of the west 340.00 feet 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; SUBJECT TO: Easements for street and highway purposes over the northerly 50 feet and the westerly 60 feet; EXCEPTING AND RESERVING from said grant of real property, all right, title and interest in any and all waters, either appurtenant or non- appurtenant to said real property, and which at any time have flowed or may in the future flow on the surface, or percolate as ground waters underlying said real property, including any overlying or riparian rights for use on said real property, or in the exercise of any appro- priative, prescriptive, or any other non- riparian or non - overlying right, by delivery and use at any place or use within the watershed of the Santa Ana River and its tributaries. -1- Said property is shown on the map dated December 29, 1970, designated Drawing No. M- 5140 -5, attached hereto and marked Exhibit "A ". SECTION 2. Zoning. The subject property is presently zoned C -4, Highway Commercial, Hotel /Motel uses, and C -2 Retail, subject to a requirement that a, Use Permit be obtained for any use. However, the City of Newport Beach makes no representations, either expressed or implied, as to developments which may or may not be permitted on the property. SECTION 3. Topography - Improvements. The subject property is level at street grade, Approximately 300 feet of curbs, gutters and public walks have been installed. SECTION 4. Size - Location. The subject property comprises a net of 1.93 acres (more or less) of land at the south- east corner of Brookhurst Street and Adams Avenue in the City of Huntington Beach, California. The net frontage on Brookhurst Street is three hundred feet (300') and the net frontage on Adams Avenue is two hundred and eighty feet (280'). SECTION 5. Sealed Bids - Deposit. Said property is hereby offered for sale and bids therefor are invited, beginning Friday, January 29, 1971, under the procedure of sealed bidding and public auction as hereinafter set forth. The minimum acceptable bid shall be $324,000.00. Each bid must be on an official Bidders Proposal Form and submitted to the City of Newport Beach, City Clerk, 3300 Newport Boulevard, Newport Beach, California 92660, by 10:00 a.m., Friday, April 2, 1971. All bids shall be in a sealed envelope clearly marked: "SEALED BID PROPOSAL - BROOKHURST & ADAMS PROPERTY - HUNTINGTON BEACH ". Each bid must be unconditional and without qualifications, 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. This deposit is to guarantee -2- - V I that if the City accepts the sealed bid or an oral bid made at the auction (see Section7) by a 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 amounts are submitted, the one received first by the City Clerk shall be considered the highest of such bids for all purposes. The deposit of the successful bidder shall be applied to the purchase price. Upon acceptance of the successful bid by the City Council, all other deposits shall be returned to the bidders. Failure of the successful bidder to complete the purchase as above required shall result in forfeiture of the deposit to the City. SECTION 6. Opening Bids. The sealed bids shall be opened and publicly announced in the Office of the City Clerk at 10:00 a.m., Friday, April 2, 1971. SECTION 7. Public Auction. At the regular City Council meeting of Monday, April 12, 1971, at 7:30 p.m., the City Manager shall announce the amount of the highest sealed bid received and the name of the bidder, and shall then call for oral bids. Only those persons who have submitted a qualified sealed bid accompanied by a cash deposit or check as required may make oral bids. To be considered, the first oral bid must exceed the highest sealed bid by five per cent (5 %). Additional oral bids must be in multiples of $5,000.00 to be acceptable, 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 qualified bidder, the City Manager shall declare the amount of the highest bid and the name of the bidder. The City Council may then determine whether it wishes to accept or reject the high bid, or the Council -3- may continue the sale until its next regular meeting. SECTION B. Escrow - Terms. The bidder to whom the property is sold must make full payment therefor to the City within thirty (30) days after the City Council approves the sale. Upon acceptance of the highest and best bid by the Newport Beach City Council, the City shall open an escrow with Title Insurance and Trust Company of santa Ana and forthwith deposit into said escrow a properly signed grant deed conveying fee title to the property. A copy of the grant deed the City is to execute and deposit into escrow is attached hereto and designatedas Exhibit "B" On notice from Title Insurance and Trust Company that it is pre- pared to issue at Buyer's expense a CLTA Standard Coverage title insurance policy with liability equal to the full purchase price showing title vested in the highest bidder, subject only to the exceptions shown in the preliminary title report, the bidder shall deposit into the escrow the difference between the bid award price and his ca.sh or certified check bid deposit. SECTION 9. Real Estate Commissions - Closing Costs. The buyer shall pay for all recording costs and the cost of real property transfer tax within thirty (30) days after the date the City Council approves the sale. All bids will be on a NET NET NET basis and the City of Newport Beach assumes no responsibility to pay real estate commissions, recording fees, deed transfer fees, escrow fees or cost of Policy of Title Insurance and these costs should be taken into consideration when submitting bids. SECTION 10. Inability to Convey. If the property cannot legally be sold by the City or the City is unable to convey marketable fee title within a reasonable time after the date of sale, the sale shall be void and deemed mutually cancelled, and WIE any price paid or deposit made shall be refunded and no liability of the City shall exist or arise from such cancellation. SECTION 11. No Warranty. No warranty is made or intended by any statement in this resolution or the notice of sale or otherwise with respect to location, size, zone or utility of any property or interest therein which is sold or offered for sale. SECTION 12. Withdrawal from Sale. The City Council reserves the right to reject any and all bids. SECTION 13. 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 published once in the official newspaper of the City, 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 14. Official Bidders Proposal Form. All bids must be submitted on an official Bidders Proposal Form available for purchase in the City Clerk's office for $10.00. Facsimile copies of the official form are not acceptable. ADOPTED this 25th day of January, 1971. ATTEST- / Q% (�.,)( CZ City Clerk IFIED AS THE ORI 4 $IYY Ct OF THE CITY �ET JAN 2 7 9978 PAT& -5- Mayor THS:mh 1/21/71 i / O� 0 NW CDR ,5;EC. & 280' SCdLE: / m /00 �O 'O CITY OF NEWPORT BEACH DRAWN A .,W- DATE 12 -29 -70 PUBLIC WORKS DEPARTMENT APPRDVE,D %, �- _- ----t- /y p-� Rn e . +�a C�� � t„ /�i90RERTY A02 ,Q SALH A;5 *;h C/TY MANAGE.¢ AT BQOOK1-/C/aST AM,D ACAA45 /M HUNT /NGTON B6AC14 DRAWING ND. M -5140 -5 L� a "to L `/ J D.T.T. S TO 406 CA t].68) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY'OF NEWPORT BEACH a corporation organized under the laws of the state of _ hereby GRANTS to the following described 'real property in the City Of Huntington Beach County of Orange State of California: The north 350.00 feet of the west 340.00 feet of Section 8, Township 6 South, Range 10 West, in the Rancho tas 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 SUBJECT TO: Easements for street and highway purposes over the northerly 50 feet and the westerly 6O feet; EXCEPTING AND RESERVING from said grant of real property, all righ- title,'and interest in any and all waters, either appurtenant or non - appurtenant to said real property, and which at any time have flowed or may in the future flow on the surface, or percolate as ground waters underlying said real property, including any overlying or riparian righ- to such waters, and the right to take, divert, extract or produce such waters, whether in the exercise of overlying or riparian rights for use on said real property, or in the exercise of any appropriative, prescriptive, or any other non - riparian or non - overlying rigghts by delivery and use at any place of use within the watershed of the Santa Ana River and its tributaries.' In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment, to be executed by its Mayor x 3 LTi and City Clerk 5nLXXz§x thereunto duly authorized. Dated: STArE OF CALIFORNIA Oran e } SS. COUNTY OF g J On before mc, the under - eigned, a Notary Public in and for said State, personally appeared known $o me to be the President, and 1 _,known to one to be' Secretary of the Corporation that executed the within Instrument, known to no to be the persons who executed the within In.=- u'wnent on behalf of the Corporation therein named, and gcknowlcdeed to me that such Corporation executed the within Instru Inert pursuant to its bylaws or a resolution of its hoard of directors. Y /1'rNLSS my hand and official seal. Signature Namc (Typed or Printed) I (THE mnl. rot 011160 'l,uelal oral) CityYerk MAIL TAX STATD'-MFNTS AS DIRECTED ABOVE EXHIBIT "B" No RECORDING REQUESTED BY I - ANO WHEN RECORDED MAIL TO y I Noma. , seat, Addtoo City a stem L SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO TI L� a "to L `/ J D.T.T. S TO 406 CA t].68) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY'OF NEWPORT BEACH a corporation organized under the laws of the state of _ hereby GRANTS to the following described 'real property in the City Of Huntington Beach County of Orange State of California: The north 350.00 feet of the west 340.00 feet of Section 8, Township 6 South, Range 10 West, in the Rancho tas 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 SUBJECT TO: Easements for street and highway purposes over the northerly 50 feet and the westerly 6O feet; EXCEPTING AND RESERVING from said grant of real property, all righ- title,'and interest in any and all waters, either appurtenant or non - appurtenant to said real property, and which at any time have flowed or may in the future flow on the surface, or percolate as ground waters underlying said real property, including any overlying or riparian righ- to such waters, and the right to take, divert, extract or produce such waters, whether in the exercise of overlying or riparian rights for use on said real property, or in the exercise of any appropriative, prescriptive, or any other non - riparian or non - overlying rigghts by delivery and use at any place of use within the watershed of the Santa Ana River and its tributaries.' In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment, to be executed by its Mayor x 3 LTi and City Clerk 5nLXXz§x thereunto duly authorized. Dated: STArE OF CALIFORNIA Oran e } SS. COUNTY OF g J On before mc, the under - eigned, a Notary Public in and for said State, personally appeared known $o me to be the President, and 1 _,known to one to be' Secretary of the Corporation that executed the within Instrument, known to no to be the persons who executed the within In.=- u'wnent on behalf of the Corporation therein named, and gcknowlcdeed to me that such Corporation executed the within Instru Inert pursuant to its bylaws or a resolution of its hoard of directors. Y /1'rNLSS my hand and official seal. Signature Namc (Typed or Printed) I (THE mnl. rot 011160 'l,uelal oral) CityYerk MAIL TAX STATD'-MFNTS AS DIRECTED ABOVE EXHIBIT "B"