HomeMy WebLinkAbout7542 - Sale of Surplus Propertyf � �
RESOLUTION No. 7542
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
iWHEREAS, the City of Newport Beach has title to the
real property hereinafter described; and
WHEREAS said property was acquired in connection with
the widening of Balboa Boulevard between 32nd Street and 33rd
Street in the City of Newport Beach, using State Gas Tax Funds
allotted to the City and the Orange County AHFP; and
WHEREAS said property is not needed for street pur-
poses and is considered to be salable excess right of way pur-
chased with Gas Tax Monies; and
WHEREAS the State of California Streets and Highway
Code requires that salable excess right of way purchased with
Gas Tax Monies be disposed of, with the proceeds being returned
to the appropriate Gas Tax Fund; and
WHEREAS, it would be in the best interests of the City
to sell said property under the following terms, procedures 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 prospec-
tive need for same:
Parcel 1 in the City of Newport Beach, County
of Orange, State of California, as shown on a
Parcel Map recorded in Book 38, page 18 of
Parcel Maps in the office of the County Recorder
of said County;
SUBJECT TO: Covenants, conditions, restrictions,
rights, rights -of -way and easements
of record, if any.
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Said property is shown on a copy of the aforementioned
parcel map, attached hereto and marked Exhibit "A."
SECTION 2. Zoning
The subject property is presently zoned R -2, which
allows in accordance with Chapter 20.44 of the Newport Beach
0 Municipal Code:
(a) Single family dwellings
(b) Two detached single family
dwellings or one duplex
(c) Accessory uses normally incidental
to single family dwellings or du-
plexes. This is not to be construed
as permitting any commercial uses.
SECTION 3 Topography - Improvements
The subject property is level and slightly below street
grade. Full street improvements including pavement, curbs and
gutter and sidewalks are existing along the southwesterly side
of the property. A 14.5 foot wide concrete alley lies next to
northwesterly side and a 10 foot wide concrete alley borders the
northeasterly side of the property. There is a single family
residence next to the remaining side.
SECTION 4. Size - Location
The subject property comprises a net of 2007.50 square
feet (more or less) of land on the northeasterly side of Balboa
Boulevard between 32nd Street and 33rd Street in the City of
Newport Beach, California. The net frontage on Balboa Boulevard
is 50.50 feet.
SECTION 5. Sealed Bids - Deposit
Said property is hereby offered for sale and bids there-
for are invited, beginning Friday, October 22, 1971, under the
procedure of sealed bidding and public auction as hereinafter
set forth. The minimum acceptable bid shall be $18,500.00.
• Each bid must be on an official Bidder's Proposal Form and
-2-
submitted to the City of Newport Beach City Clerk, 3300 Newport
Boulevard, Newport Beach, California 92660, by 10:00 a.m.,
Friday, November 12, 1971. All bids shall be in a sealed
envelope clearly marked: "SEALED BID PROPOSAL - SURPLUS
PROPERTY - BALBOA BOULEVARD NEAR 32nd STREET." Each bid must
40 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 percent (10°x) of the amount bid. This
deposit is to guarantee that if the City accepts the sealed bid
or an oral bid made at the auction (see Section 7) 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 suc-
cessful 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 for-
feiture 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, November 12, 1971.
SECTION 7. Public Auction After the opening of the
bids on November 12, 1971, at 10:00 a.m., the Assistant 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
-3-
exceed the highest sealed bid by $500.00. Additional oral bids
must be in multiples of $250.00 to be acceptable. In conducting
the sale, the Assistant City Manager may waive informalities in bids
as deemed necessary to obtain the highest price for the property.
Upon receiving the highest bid obtainable from a qualified
bidder, the Assistant City Manager shall declare the amount of the
highest bid and the name of the bidder. The City Council at their
November 22, 1971 meeting may then determine whether it wishes to
accept or reject the high bid, or the Council may continue the
sale until its next regular meeting.
SECTION 8. 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 Security
First National Bank of Newport Beach 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 designated as
Exhibit "B." On notice from the escrow agent that a title in-
surance company of buyer choice is prepared 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 cash
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.
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•
All bids will be on a NET NET NET basis and the City of
Newport Beach assumes no responsibility to pay real estate com-
missions, 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 I£ the property can-
not 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
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 Office of the Public Works Department. 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 office of the Public Works Department, and mailed by the
Public Works Department upon request.
SECTION 14. Official Bidders Proposal Form All
bids must be submitted on an official Bidder's Proposal Form
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available in the office of the Public Works Department. Facsimile
copies of the official form are not acceptable.
11
ADOPTED this 12th day of October , 19 71 .
ATTEST;
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ity Clerk
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AND WHEN kZCONOEO MAIL f0
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FIMO TAX ITATEMENn TO
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City 8
Stole I
L 1,
TO 406 CA (7.68)
7
SPACE ABOVE THIS LINE FOR RECORDER'S USE
i
J (Corporation Grant Deed
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF NEWPORT BEACH, a municipal corporation
XXat;cls X&X organized under the laws of the state of California
hereby GRANTS to
the following described real property in the City-of Newport Beach
County of Orange State of California:'
D.T.T. 8
Parcel 1 in the City of Newport Beach, County of
Orange, State of California, as shown on a Parcel
Map recorded in Book 38, page 18 of Parcel Maps
in the office of the County Recorder of said County;
SUBJECT TO: Covenants, conditions, restrictions,
rights, rights —of —way and easements
of record, if any;
S . , -
,municipal
In Witness. Whereof, saiNcorporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by its MaVor SUddilmm and City Clerk OAK
thereunto duly authorized.
Dated: CITY OF NEWPORT BEACH
STATE OF CALIFORNIA B
COUNTY OF Orange SS' y Mayor "
On before me, the on By
signed, a Notary Public in and for said State, personally appeared City Clerk
E. F. Hirth known
to me to be the Mayor XK•7,rXVaW and
Laura Lagios known to me to be
('i tom, ('1 ark xosvx,. of the Corporation that executed the _
within Instrument, known to me to be the persons who executed the
within Instrument old behalf of the Corporation therein named, and
acknowledged to me slat such Corporation executed the within Instru ,
ment pursuant to XAX:j0XVj t a resolution o li M' M7Z1PFdlr
WITNESS my hand and official seal. - �lty Council
Signature '
Name (Typed or Printed) ' IT)& u. Ar.1011.1 n.1.11AI .MD
MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT 11B"