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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. -1- 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. -4- • 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 -5- 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 . 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City It 5%te I FIMO TAX ITATEMENn TO I ND,ne 3rreer Add,... � 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"