HomeMy WebLinkAbout7561 - Sale of Surplus PropertyRESOLUTION NO. 7 5 6 a
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,
AND RESCINDING RESOLUTION NO. 7542
WHEREAS, 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 Arterial Highway Financing Program;
and
WHEREAS, said property is not needed for street purposes
and is considered to be salable excess right of way purchased with
Gas Tax Monies; and
WHEREAS, the State of California Streets & Highways 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 prospective
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. Zonina
The subject property is presently zoned R -2,
which allows in accordance with Chapter 20.44 of the Newport Beach
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 duplexes.
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
the 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 Streit 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 therefor are invited, beginning Friday, November 26, 1971,
under the procedure of sealed bidding and public auction as herein-
after set forth. The minimum acceptable bid shall be $17,000.00.
Each bid must be on an official Bidder's Proposal Form and
-2-
submitted to the City of Newport Beach City C1erk,3300 Newport
Boulevard, Newport Beach, California 92660, by 10:00 a.m., Friday,
December 17, 1971. All bids shall be in a sealed envelope clearly
marked: "SEALED BID PROPOSAL - SURPLUS PROPERTY - BALBOA
• BOULEVARD NEAR 32ND STREET." 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 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 ninety (90) 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,
December 17, 1971.
SECTION 7. Public Auction
After the opening of the bids on December 17,
1971, at 10:00 a.m., the Assistant City Manager, or his designated
representative, 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
-3-
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, or his representative, 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, or his representative,
shall declare the amount of the highest bid and the name of the
bidder. The City Council at its December 27, 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 ninety (90) 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 insurance company of buyer's 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 ninety (90) days
ME
. � 3
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 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 naspaper 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.
-5-
SECTION
Bidder's Proposal
Works Department.
• not acceptable.
SECTION
14. Official Bidder's Proposal Form
All bids must be submitted on an official
Form available in the office of the Public
Facsimile copies of the official form are
15. Resolution No. 7542 is hereby rescinded.
ADOPTED this 22nd day of November , 1971.
172 4.
Mayor 714 111My5 -6, a
ATTEST:
J
City Clerk
CERTIFIED AS THE ORIGINAL
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406 CA 17.681
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
I
I Corp ®ration Grant Deed l
THIS FORM FURNISHED BY TITL.E INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, f
CITY OF NEWPORT BEACH, a municipal corporation
XxDtfrbrX%X organized under the laws of the state of ' California
hereby GRANTS to
D.T.T. g
the following described real property in the City' of Newport Beach
County of Orange State of California..
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;
i
SUBJECT TO: Covenants, conditions, restrictions,
rights, rights -of -way and easements
of record, if any;
municipal t
In Witness Whereof, sai corporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by its Mayor 2P4xWMX and City Clerk
thereunto duly authorized. '
Dated: CITY OF NEWPORT BEACH
STATE OF CALIFORNIA B y
-
COUNTY OF— Orange SS' Mayor' XUtmkkX
On before me, the ugder; By
sided, a Notary Public in and for said State, personally appeared .City Clerk - _ XX9@A42A2iitft
E. F. Hirth known
to me to be the Mayor XpLq{ and - -
Laura LagioS known to me to be
C�ty�l.erk�xxxxy of the Corporation that executed the
within Instrmuent, known to me to be the persons whn'exeputed the
within In trwnent on behalf of the Corporation therein named, and - - -
aeknowled,wd to mr!fhat ouch Corporation executed the within Instru
menl pursuant to IC- AXMXXX a resolution n 0. MX�y AXX�{ -
WITNESS my hand and official seal. I y COuncll
�enature - -
Name (Typed or
I"& ire. for o110,10 outwit .11
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "B"
"It t.x STATE INN% TO
Nom.
Smsl -
AGLrm,
Sr:.r
car a
La. L I
0
406 CA 17.681
r ;
i
SPACE ABOVE THIS LINE FOR RECORDER'S USE
I
I Corp ®ration Grant Deed l
THIS FORM FURNISHED BY TITL.E INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, f
CITY OF NEWPORT BEACH, a municipal corporation
XxDtfrbrX%X organized under the laws of the state of ' California
hereby GRANTS to
D.T.T. g
the following described real property in the City' of Newport Beach
County of Orange State of California..
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;
i
SUBJECT TO: Covenants, conditions, restrictions,
rights, rights -of -way and easements
of record, if any;
municipal t
In Witness Whereof, sai corporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by its Mayor 2P4xWMX and City Clerk
thereunto duly authorized. '
Dated: CITY OF NEWPORT BEACH
STATE OF CALIFORNIA B y
-
COUNTY OF— Orange SS' Mayor' XUtmkkX
On before me, the ugder; By
sided, a Notary Public in and for said State, personally appeared .City Clerk - _ XX9@A42A2iitft
E. F. Hirth known
to me to be the Mayor XpLq{ and - -
Laura LagioS known to me to be
C�ty�l.erk�xxxxy of the Corporation that executed the
within Instrmuent, known to me to be the persons whn'exeputed the
within In trwnent on behalf of the Corporation therein named, and - - -
aeknowled,wd to mr!fhat ouch Corporation executed the within Instru
menl pursuant to IC- AXMXXX a resolution n 0. MX�y AXX�{ -
WITNESS my hand and official seal. I y COuncll
�enature - -
Name (Typed or
I"& ire. for o110,10 outwit .11
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "B"
"It t.x STATE INN% TO
r
I
Nome
Sr:.r
AlQrm,
-
t
Gr6
9m.
!
r.
0
406 CA 17.681
r ;
i
SPACE ABOVE THIS LINE FOR RECORDER'S USE
I
I Corp ®ration Grant Deed l
THIS FORM FURNISHED BY TITL.E INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, f
CITY OF NEWPORT BEACH, a municipal corporation
XxDtfrbrX%X organized under the laws of the state of ' California
hereby GRANTS to
D.T.T. g
the following described real property in the City' of Newport Beach
County of Orange State of California..
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;
i
SUBJECT TO: Covenants, conditions, restrictions,
rights, rights -of -way and easements
of record, if any;
municipal t
In Witness Whereof, sai corporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by its Mayor 2P4xWMX and City Clerk
thereunto duly authorized. '
Dated: CITY OF NEWPORT BEACH
STATE OF CALIFORNIA B y
-
COUNTY OF— Orange SS' Mayor' XUtmkkX
On before me, the ugder; By
sided, a Notary Public in and for said State, personally appeared .City Clerk - _ XX9@A42A2iitft
E. F. Hirth known
to me to be the Mayor XpLq{ and - -
Laura LagioS known to me to be
C�ty�l.erk�xxxxy of the Corporation that executed the
within Instrmuent, known to me to be the persons whn'exeputed the
within In trwnent on behalf of the Corporation therein named, and - - -
aeknowled,wd to mr!fhat ouch Corporation executed the within Instru
menl pursuant to IC- AXMXXX a resolution n 0. MX�y AXX�{ -
WITNESS my hand and official seal. I y COuncll
�enature - -
Name (Typed or
I"& ire. for o110,10 outwit .11
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "B"