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HomeMy WebLinkAbout7642 - Sale of Surplus PropertyRESOLUTION NO. 7642 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 which was formerly used for a sanitary land fill and as a quarry for sand and gravel excavation, hereinafter described; and WHEREAS, it appears that the City has no present or pro- spective need for said property; and WHEREAS, no qualified public agency (including the State of California, County of Orange, and City of Costa Mesa) has offered to purchase the property at fair market value for park and recreation purposes pursuant to the provisions of Title 5, Division 2, Article I of the California Government Code; and WHEREAS, proceeds from the sale of this property would be placed in the City Capital Improvement Fund; 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 of the City of Newport Beach hereby FINDS, DETERMINES, RESOI17ES AND SECTION 1. Size - Location. The subject property comprises 40.26 acres (more or less) of land located on the north side of 19th Street, one -half block west of Whittier Avenue in the City of Newport Beach, California. The dimensions of the property are 1063 feet east -west by 1650 feet north - south. 0 Said property is shown on the map dated December 29, 1971, designated Drawing No. M- 5147 -L, attached hereto and marked Exhibit "A" -1- • • SECTION 2. Surplus Property - Legal Description. The property as hereinafter described is surplus, and there is no present or prospective need for same: Description: All that certain real property in the State of California, County of Orange, City of Newport Beach, described as follows: That portion of Lot A of the Banning Tract in the City of Newport Beach, County of Orange, State of California, as shown on a map of said tract filed in the Case of Hancock Banning and others vs. Mary H. Banning for Pax'tition, and being Case No. 6385 upon the Register of Actions of the Superior Court of the State of California, in and for the County of Los Angeles, described as follows: Beginning at the intersection of the center lines of Whittier Avenue and Nineteenth Street, as shown on the Map of Newport Mesa Tract, recorded in Book 5, Page 1 of Miscellaneous Maps, the center line of said Nineteenth Street being the North line of said Newport Mesa Tract; thence Northerly along the Northerly extension of the center line of said Whittier Avenue, a distance of 30.00 feet; thence Westerly, parallel with the Westerly extension of the Northerly line of said Newport Mesa Tract, a distance of 330.00 feet; thence Northerly 1620.00 feet; thence Westerly 1063.00 feet, more or less, parallel with the Westerly extension of the Northerly line of said Newport Mesa Tract to the Westerly line of land described in deed to Ednah Race Capron, recorded October 23, 1944, in Book 1261, Page 199, of Official Records; thence Southerly 1650.00 feet along the Westerly line of said land of Ednah Race Capron to the Southwesterly corner thereof; thence Easterly 1393.00 feet, more or less, along the Westerly extension of the Northerly line of said Newport Mesa Tract to the point of beginning. SECTION 3. Statement of Title. Title Insurance and Trust Company of Santa Ana, California, reports that it is prepared to issue, or cause to be issued, as of March 2, 1972, in the form of the California Land Title Association Standard Coverage form of Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception therein not excluded from coverage pursuant to the printed Schedules, Conditions and Stipula- tions of said policy form. A copy of said policy form marked Exhibit "B" is attached. SECTION 4. Topography -2- The property is located at the eastern edge of the Santa Ana River flood plain slightly more than one mile north of the Pacific Ocean. It is generally bounded on the east, north, and south by the bluffs which define the flood plain • and on the west by the flood plain itself. The area is bisected by a northeast - southwest trending drainage channel with steep sides. Rubbish has been dumped on both sides of the channel. There are two locally high areas, on the northwest and southeast portions of the site, where soil is exposed and small plants grow. The topography at the site is abrupt and erractic, ranging from about +10 to +95. SECTION 5. Soils. The native soils at the site are generally sandy and gravelly alluvial and marine terrace deposits. Near the natural surface the soils are usually silty sands. At depth, the soils usually become more sandy and contain varying amounts of gravel. As recently as 1966 portions of the site were used as a sanitary land fill. This data is for general information only and the City makes no warranty, express or implied, relative to the precise soils conditions and /or drainage conditions of the subject parcel. SECTION 6. Zoning. The subject property is presently zoned "U ", or Unclassified. Section 20.34.020 of the Newport Beach Municipal Code permits all uses not otherwise prohibited by law in a "U" District, provided that a Use Pem it issued by the Newport Beach Planning Commission shall first be secured for any uses to be established. SECTION 7. Permitted Land Uses. On December 16, 1971, by action of Resolution 744, the Newport Beach Planning Commission determined that, as regards this property, the mobile home park . site development standards attached hereto and entitled Exhibit "C" ... "are endorsed as being in accordance with recognized planning principles, if the eventual purchaser proposes this use of the -3- • • property and files the necessary zoning or plan:ne d community documents for consideration by the Planning Commission." SECTION 8. Sealed Bids. Said property is hereby offered for sale and the bids therefor are invited, beginning Friday, March 17, 1972, under the procedure of sealed bidding and public auction as hereinafter set forth. The minimum acceptable bid shall be $450,000. Each bid must be on one of the official Option to Purchase forms (credit or cash) and submitted to the City of Newport Beach, City Clerk, 3300 Newport Boulevard, Newport Beach, California 92660, by 10:00 a.m., Friday, May 26, 1972. All bids shall be in a sealed envelope, clearly marked: "SEALED BID PROPOSAL - SURPLUS PROPERTY ON 19TH STREET, NEWPORT BEACH" SECTION 9. Deposit. Each bid must be accompanied by a deposit of cash or a certified or cashier's check payable to the City of Newport Beach equal to $50,000. This deposit is to guarantee that within ninety (90) days from the'date that the City accepts the sealed bid, said bidder will open a 30 -day escrow, in accordance with the terms of this resolution and the Option to Purchase. 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. SECTION 10. Opening Bids. The sealed bids shall be opened and publicly announced in the office of the City Clerk at 10:00 a.m., Friday, May 26, 1972. SECTION 11. Public Hearing. At the regular City Council meeting of Monday, June 12, 1972, at 7:30 p.m., the City Manager shall report the results of the bidding and shall declare the highest and best bid and the name of the bidder. The City Council Im 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 12. 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 13. 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 the pm perty or interest therein which is sold or offered for sale. This information was obtained from sources deemed reliable but is furnished solely as an aid to interested parties. SECTION 14. Withdrawal from Sale. The City Council reserves the right to reject any and all bids. SECTION 15. Sale Proceeds. Pursuant to City Council Policy F -3, as reaffirmed February 14, 1972, revenues from the sale of City property will be placed in the Capital Improvement Fund. SECTION 16. Notice of Sale - Publications. 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 17. Official Bidders Proposal Form. All bids must be submitted on an official Option to Purchase form available -5- for purchase in thT City Clerk's office for $10.00. Facsimile copies of the official form are not acceptable. • ADOPTED this Y rH day of "\A a C q , 1972. ATTEST: City Clerk IFIED AS THE ORI L ........... CL. CLERK OF THE CITY OF NE T BEACH MAR 2 0 1972 • Mayor PFB:mh -6- 3/8/72 TERMS OF OPTION TO PURCHASE The successful bidder will be required to submit an option deposit of $50,000 -with his bid in the form of CASH, CASHIER'S CHECK, CERTIFIED CHECK or MONEY ORDER, payable to the City of Newport Beach. • No personal check, business check or Savings & Loan check will be accepted. Said deposit will be consideration for an option of ninety (90) days, to be exercisable from the date of the bid award, and 10% or $5,000 shall be non - refundable in the event the successful bidder fails to comply with any and all terms of the option as pro- vided herein. Either Option to Purchase (Cash or Credit) is also subject to the following additional terms: • A. The sale under this option is subject to the approval of the Newport Beach City Council. If the sale is not approved, and an award is not made, the Option Deposit money will be refunded without interest. The successful bidder may take possession when the Corporation Grant Deed has been recorded. B. The City of Newport Beach reserves the right to reject any or all bids. C. The right, title and interest in the property to be sold shall not exceed that vested in the City of Newport Beach, and this sale is subject to exceptions and reservations set forth in the accompanying Notice of Sale. No policy of Title Insurance will be furnished by the City in connection with this transaction. D. The successful bidder shall pay all recording fees, documentary stamp taxes or other real estate transaction taxes or fees by whatever name known, including escrow fees or broker's commission, if any. E. The Corporation Grant Deed shall be submitted by the City for recording, at the expense of the successful bidder. The successful bidder may take possession when said Deed has been caused to be recorded by the City. F. The City does not guarantee land uses that may be permitted on the subject parcel, nor does the City guarantee that building permits will be issued in connection with the sale. 3/8/71 TERMS OF OPTION TO PURCHASE