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HomeMy WebLinkAbout5081 - Sale of Surplus PropertyWWC :mec 8/25/59 RESOLUTION NO. 5081 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 has title to the real property herein- after described; and WHEREAS, it appears that there is no present or prospec- tive need for said property and it would, therefore, be in the best interests of the City to sell the same 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 Council hereby finds and determines that the hereinafter described City -owned real property, consisting of 86 acres, more or less, exclusive of roadways, in the City of Huntington Beach, is surplus property and there is no present or prospective need for it. The property is more particularly described as follows: That portion 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, described as follows: Beginning at a 4 x 4 post at the northwest corner of said section 8; thence East 2560.80 feet; thence South 7° West 2655.84 feet; thence West 2196.48 feet to the West line of said section 8; thence North 2640.00 feet to the point of beginning. EXCEPT that portion thereof lying easterly of the following described line: Beginning at the intersection of the North line of said section 8 with a line bearing North from the westerly terminus of that certain course designated "South 88' 45' 00" West 859.00 feet" in the land described in the deed to the City of Newport Beach, recorded January 9, 1926, • in book 626 page 26 of Deeds; thence South to said westerly terminus; thence South 31' 30' 00" East 463.00 feet; thence • South 20 00' 00" West 635.00 feet; thence South 26° 00' 00" West 367.30 feet; thence South 67' 30' 00" West 283.00 feet; thence South 43° 30' 00" West 236.00 feet, thence South 270 45' 00" West 697.00 feet; thence South 36 00' 00" West 361.00 feet to the South line of said land. ALSO EXCEPT the North 350.00 feet of the West 340.00 feet thereof. RESERVING an easement over the East 10.00 feet of the West 50.00 feet thereof for the construction, operation, maintenance, repair and replacement of water mains and appurtenances. Said property is shown on the map dated August 24, 1959, attached hereto and marked Exhibit "A ". There will be reserved to the City of Newport Beach all • mineral rights including oil, gas and other hydrocarbons but not the right of surface entry. Section 2. Sealed Bids - Deposit. Said property is hereby offered for sale and bids therefor are invited under the procedure of sealed bidding and public auction as hereinafter set out. The City Council will consider bids in any amount for the sale of said property. However, it is the opinion of the City Council that the approximate value of the property is $5,000.00 ;per acre. Each bid must be sealed and submitted to the City Clerk by 7:30 P. M. on October 26, 1959. Each bid must be un- conditional and be accompanied by a deposit of cash or a certi- fied or cashier's check payable to the City equal to ten per cent (10 %) of the amount bid to guarantee that if the City accepts the sealed bid or an oral bid made at the auction by the bidder said bidder will complete the purchase and within sixty (60) days pay the amount of his bid that was accepted by the City. If quali- fied sealed bids of equal amount are submitted, the one received first by the City Clerk shall be considered the highest of such bids for all purposes. The deposit or check of the successful bidder shall be applied to the purchase price. All others shall be returned to the bidders. Failure of the successful bidder to complete the purchase and pay as above required shall result in forfeiture of the deposit to the City. Names of bidders shall not be disclosed until the bids are opened. Section 3. Opening Bids - Public Auction. The sealed • bids shall be opened and publicly announced at a City Council meeting in the City Council Chamber at 7:30 P. M. on October 26, 1959. The Mayor shall conduct the auction and shall announce the amount of the highest sealed bid and the name of the bidder and shall then call for oral bids. Each person who has submitted a qualified sealed bid accompanied by a cash deposit or check as I required may make oral bids. Before making an oral bid, any person who has not submitted a qualified sealed bid must submit • a cash deposit or certified or cashier's check equal to fifteen • per cent (15%) of the highest sealed bid. To be considered, the first oral bid must exceed the highest sealed bid by Five Thousand Dollars ($5,000.00). 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 quali- fied bidder, the Mayor shall declare the property sold to the bidder making the bid subject to approval of the City Council; provided, however, that the City Council may continue the sale until the next regular meeting of the City Council. Section 4. Withdrawal from Sale. The City Council reserves the right to reject any and all bids or to withdraw the property or any portion thereof or any interest therein from sale at any time. Section 5. Existing Lease - Deed - Title Insurance - Internal Revenue Stamps. The sale is to be made subject to an existing farm lease on the property which expires on February 21, 1961, and subject to a license issued to the Federal Aviation Agency for a fan marker site near the southerly boundary. Both documents are available for inspection in the City Clerk's office. Upon completion of the sale and payment of the amount of the bid, the City will execute a grant deed to and furnish at its expense a standard owners policy of title insurance in the amount • of the successful bid showing title vested in the party or parties • designated by the successful bidder subject to taxes, assessments and similar burdens and to covenants, conditions, restrictions, reservations, rights, roadways, rights of way and easements, if any. The buyer shall pay for all recording costs and the cost of Internal Revenue stamps. Section 6. Inability to Convey. If the property cannot 0 • legally be sold by the City or the City is unable to convey mar- ketable 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 7. No Warranty. No warranty is made or intended by any statement in this resolution or the notice of sale or other- wise with respect to location, size, zone or utility of any prop- erty or interest therein which is sold or offered for sale. Section 8. 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 publis4ed once a week for three (3) successive weeks in September and two (2) successive weeks in October, 1959, 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 9. Commission. Payment of a maximum total com- mission of five per cent (5 %) of the sales price shall be paid to the real estate broker or brokers entitled thereto, if any, under the following conditions: (a) The property must be actually sold and the sales price paid to the City. (b) Only licensed real estate brokers shall be eligible to be paid any commission. (c) A sealed bid upon which a commission is to be claimed shall so state and shall name the broker who has obtained the bid on behalf of the City and has thereby established eligibility for the commission or a share of it. (d) A person making a deposit of fifteen per cent (15 %) by cash or check as permitted in Section 3 hereof may at the time of submitting such deposit name the b broker who has obtained the bidder and has thereby established eligibility for the commission or a share • of it. • (e) The real estate broker, if any, named in the highest qualified sealed bid shall receive two and one -half per cent (2' %) of the amount of such bid as commission. (f) The real estate broker, if any, named in the sealed bid of the bidder to whom the property is sold, or the real estate broker, if any, named with the deposit of fifteen per cent (15 %) submitted by the bidder to whom the property is sold, shall receive that portion of the total commission not paid under (e) above. This resolution was adopted by the City Council of the City of Newport Beach at a regular meeting on the 24th day of August, 1959, by the following vote, to wit: AYES, COUNCILMEN: Hart Lorenz Somers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABSENT COUNCILMEN: None EST: an q G City Clerk S- 1, I —1�7' We7 CIA v toy to w an; nf AW 've I.r4 Eam. wd- u ' � - ',- � It Potts Of' INOIArj,4 OTA r 7-Y sn 'JA Ah 0- —1�7' We7 CIA v toy to w an; nf AW 've I.r4 Eam. wd- u ' � - ',- � It Potts Of' INOIArj,4 OTA r 7-Y sn 'JA STATE OF CALIFORNIA ) • COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ). • I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 5081 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 24th day of August , 1959$ by the following vote, to wits AYES, COUNCILMEN: Hart, Lorenz, Savers, Kingsley, Atkinson, Higbie, Stoddard NOES, COUNCILMEN: None ABbPZT, COUNCILMEN: None Dated this 28th day of August , 1959. City Clerk land 'Ex-Officio Clerk of tie City Council, City of Newport Beach, State of California.