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HomeMy WebLinkAboutProperty Surplus - River & Canal Sections - 1962-1963CITY of.T BEACH CI TTORNEY ,tuna 3, 1963 Tat Finance Director From- City Attorney Subject: Sale of Parcel A in Resolution No, 5696 The sale of Parcel A now being completed, it is in order to pay the commission therefor pursuant to the provisions of Resolution No. 5696. George W. Williamson was the broker iho submitted the high sealed bid of $12,500 on that parcel on behalf of 0. A. Winn. As the property was sold to said bidder for that asount the broker is entitled to the entire 5% commission, or J625. It is requested that payment of the com- mission be made directly to Mr. Williamson at 3105 Newport Boulevard, Newport Beach. We have approved and transmit the statement of Title Insurance and Trust Company under Order No. 351497 in the amount of $158.50 on this transaction. This represents the $96 premium on the title insurance policy and a tax title hazard fee of $62.50. We request that this statement be paid. WWC:meC Enc . cc - City Manager City Clerk ✓ Walter W. Charamza City Attorney . 6: i-. r REMITTANCE ADVICE DATE Y-_ -^ URD[K NO ' 5-31-63 351+97 -REP UNCLOSED IS CHECK IN PAYMUNT OF DEGCRIMON Winn- et ux and George W. Williamson, et ux. Portion of Lot 11, Block 53, River Section, in the city of Newport Beach City of Newport Beach TOTAL 7 500100 City Hall - 3300 Newport Blvd. Newport Beach, California TITLE INSURANCE AND TRUST COMPANY ORANGE COUNTY BRANCH 900.NORTH MAIN STREET SANTA ANA KI.bErly 75601 i a 0- ay 9, 1963 Mr. Wm. L. Riley 2122 West 3rd Street Los Angeles 57, California Bear Mr. Riley: Forwarded for transmittal to your client, t%e use, is tier grant deed from e Cittqq o 'l' ort Beech to him on Lot 4, Block 434, Canal Section, New Beach, together With attached certified copy of Resolution No. 5770 of the City Council finding that said property is not suitable for use as a public beach or park, These documents were recorded on April 29, 1963, in Book 6526, pp. 773 -775, in Official Records of Orange County. h This completes the transaction of conveying this property to Dr. House. Very truly yours, Walter W. Charamza City Attorney B y TF1S:mec Assistant tent Corney Ence. - cc - City Manager f;< 0. City y Finance nceDirector CITY OF NrWPORT BEACH May 7, 1963 To: finance Director From: City Attorney Subjects Sale of Parcel S in Resolution No. 5696 The sale of Parcel H has been completed. It is, therefore, in order co pay the commission to the broker in accordance with the provisions of Resolution No. 5696. Um. L. Riley, 2122 West 3rd Street, Los Angeles 57, California, submitted the high sealed bid on this parcel on behalf of Howard P. House, and the property was sold to Mr. House for the amount of $28,756. Therefore, said broker is entitle(; to the enti -e 5% commission in the sum of $1,437.80, which we request be paid directly to him. Forwarded is a stratemeist fzom orange County Title company under their Order No. 794775 in the amount of $116, representing the $156 title insurance policy prewixzi less the $40 charge for the preliminary title report which was paid in October, 1961. This bill has been approved and shotle be paid. WC:ms` Enc. cc - City rasa Qr City Clem r` Walter W. chary City Attorney may 7 1.9 63 Mr. Wm. L. Riley 2122 West 3rd Street Los Angeles 57, California Dear Mr. Riley: Enclosed is policy of title insurence No. 7947760 dated April 26, 1963, with a guarantee of $28,756, showing title vested in Howaru P. House, a married man, to the property sold to him under the provisions of Resolution No. 5696. Also forwarded is a document executed by Ray- mond V. Lewis and Edith M. Lewis on May 17, 1961, under which they agree to remove upon notice the walls and fence along the property line between Lot 3 in Block 434 of Canal Section, which they own, and Lot 4 sold to Mr. House. These documents are sent to you for transmit- tal to your client. The original grant deed will be sent to you when it is returned from the Recorder's office. We have requested the Finance Director to pay the commission on this sale directly to you. Very truly yours, Walter W. Charamza WWC:mec City Attorney fins. cc - City Manager City Clerk Finance Director 1 ,P3 (12) RESOLUTION NO. j A ASSOLUTION OF TM* OTT COUNCIL OF THE or =WMT BEACH FINDING THAT CERTAIN CITY-OM 31 WATZI FAM IS NOT SUITABLE FOR USE AS A PUBLIC BEACH *OR PARK .4 5 WNEREASs the City holds title to the real property herein' 61: after described; and 7!1 WHEREASO said real property fronts on the Rivo Alto Canal 8 in Newport Bay; and 9 VKMMAS, Section 37351 of the Government Code of the Stat 10 of California provides that the legislative body of a city shall 11 not sell or convey any portion of a water front, except to the 12 State for use as a public beach or park, unless by a fmw-fifths 13 vote of its members the legislative body finds and determines that 14 the water front to be sold or conveyed is not suitable for use as 15 a public beach or park; and 161 WHEREAT, it appears that said property is not suitable 17 for use as a public beach or park and it would be in the public 18 interest to sell said property; 19 Nmo THMEFORE, BE IT RESOLVED that the City Council 20 hereby finds that the hereinafter described parcel of real property 21 is not suitable for use as a public beach or park: 221 All that certain land situated in the state of California, I County of Orange, City of Newport Beach, described as follows: 23111 I, Lot 4 in Block 434 of Canal Section, Newport Beach, an shown* 24' an a lisp recorded in Book 4. page 98 of Kiscall9neGus Maps, records of orange County, California- 251 261; ADDFTED this 22nd day of April, 1963. 27 28 May" Pro Tempore ATTEST: 29 30 31 321 8i 9' 10 11 1211 13 14 15 16 17 18 19 20 21 22 23 24! I 25 26 27 28 29I 30' 31 32 mec 3/63 (5) SANT DEE: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF NEWPORT BEACH, a municipal corporation organized under the Constitution and laws of the State of Califor- nia, hereby grants to HOWARD P. HOUSE, a married man, all that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows. Lot 4 in Block 434 of Canal Section, Newport Beach, as shown on a Map recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM AND RESERVING unto the Grantor City of Newport Beach all mineral rights including oil, gas and other hydrocarbons, excluding, however, from the exception and reservation unto the City of Newport Beach the right of surface entry. Executed on April 2 =• , 1963. CITY OF N WPORT BEACH By P a Mayor ATTEST STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On April == , 1963, before me, the undersigned, a Notary Public in an'iror said County and State, personally appeared CHARLES E. HART and VARGERY SCHROUDER, known to me to be the Mayor and City Clerk, respectively, of the CITY OF NEWPORT BEACH and to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same on behalf of the City of Newport Beach. WITNESS my hand and official seal. Notary Public in and for said County and State CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney April 19, 1963 Subject: Sale of Parcel B under Resolution No. 5696 You have previously furnished us a grant deed conveying the subject property to Howard P. House, a married man, as his separate property. We have now received written request from Dr. House to have the grantee on this deed shown as Howard P. House, a married man. Transmitted is a grant deed in that form for execution on behalf of the City and return to us. The extra copy is for your files. As the earlier deed has not been recorded, we will request the title company to substitute this deed in its place and return the other deed to us. Walter W. Charamza City Attorney By ?✓- TuITy SeymoVTJ THS:mec Assistant City Attorney Enc. m- 9 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: The Honorable Mayor and City Council From:. City Attorney Subjects Resolution No r� L April 17, 1963 5696, Parcel B, Finley Avenue lot We have submitted the deed to the this parcel with the request that insurance showing title vested in company has requested a specific this property is not suitable for since it is waterfront property. Orange County Title Company on they issue a policy of title the purchasers. The title finding by the City Council that use as a public beach or park A resolution has been prepared and transmitted to the City Clerk which will make a specific finding that the property is not suitable for these uses. It is recommended that the resolution be adopted. A four- fifths vote in favor of the resolution is necessary. We will then forward a certified copy of the resolu- tion to the title company which should make it possible for them to issue the title policy and for the sale to be completed. rA Walter W. Charamza WWCemec City Attorney cc - City Manager City Clerk (Res. enc.) v Director of Finance 6 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT April 11, 1963 To: City Clerk From: City Attorney Subject: Sale of Parcel A under Resolution No. 5696 Forwarded are the original and one copy of a grant deed convey- ing the subject property to Oscar A. Winn and Viola M. Winn, his wife, as joint tenants of an undivided one -half interest, and George W. Williamson and M. DeVere Williamson, his wife, as joint tenants of an undivided one -half interest, for execution on behalf of the City as authorized by Resolution No. 5740. Upon execution of the grant deed, it should be returned to us, together with a certified copy of Resolution No. 5740, for transmittal to the title company. WWC:mec Encs. Walter W. Charamza City Attorney /.a CM cm�A Ap. .14 CITY Of ."" gl%eH' To- From> F. CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT- The Honorable Mayor and City Council City Attorney 0 C+)WUL: DISPOS('C "i: r ,L": A0, ae �. April 5, 1963 Subjects Sale of a portion of Lot 11, Block 53, River Section Parcel A in Resolution No. 5696 The City Council authorized the sale of this parcel on February 25, 1963. The purchaser had until March 27 to deposit the purchase price. This date was not met. Barnett Mortgage Company has indicated it will deposit $7,500 to be paid to the City upon their receipt of a note and first trust deed securing the note. The purchaser has indicated he will deposit $3,750 with the Finance Department on Friday, April 5, and the amount necessary for revenue stamps and recording fees. The $7,500, the $3,750, and the $1,250 will constitute the full purchase price.. If the City Council approves this method of payment and approves acceptance of payment after the 30 -day period, the sale can be completed by transmitting the deed to the title company with authorization to record upon their willingness to issue a policy of title insurance and payment of the $7,500 to the City. If this meets with Council approval, a motion authorizing the sale to be completed in this manner would be in order. Walter W. Charamza WWCsmec City Attorney cc - City Manager Director of Finance City Clerk � � q � f "C • � » m � ~! � G .{ ) ?j A. . 2 & U £��- 3 g } ) IUD 0 & City Clerk Assistant City Attorney Tully Seymour City Clerk Margery Schrouder Sale of Parcel B under Resolution No. 5696 Attached is the duly executed Grant Dead from the City to Howard P. House. In accordance with your request am also enclosing certified copies of Resolutions numbered 5741 and 5696. MS:mv Encs. March 15, 1963 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney March 14, 1963 Subject: Sale of Parcel B under Resolution No. 5696 Payment of the entire purchase price for the subject property has now been made to the Director of Finance. Forwarded are the original and one copy of a grant deed con- veying said property to Howard P. House, a married man, as his separate property, for execution on behalf of the City as authorized by Resolution No. 5741. Upon its being executed, the grant deed should be returned to this office along with a certified copy of said R t' No._574L for transmittal to the title company. Also please furnish a certified copy of Resolution No. 5696. Walter W. Charamza City Attorney By Tu J H. S e r THS:mec Assistant City Attorney Encs. RECEI aT9 '3\ CITY CL':j'y( CITY OF NEWPORT BEACH, CALIF. 3 /t /b3 (6) JJI� I 1; 9I 10 11 12 13 14', 15 16! 17, 181'i 19 20i 21 22 23 24 25 26 27 28 FOR VALUABLE CONSIDE&4,TION, receipt of which is acknowledged, th .CITY OF NEWPORT BEACH, a m._xicipal corpo>p organised under thA,Constitution and lawi of the State ofiCalifor- nia hereby grants to,, H{twTARD P. liOLSE , a married m.qn,, a s /hi 8 separate property,jall\lthat eerta:'n land situated in th State of California, County of Oianize, City of Newport Beach, sscribed as follows: / Lot 4 in Block 434 of )1 a Section, Newport Beach, as shown on a Map recorded in Solgk 4, page 38 of Miscellaneous Steps, records of Orange Count t., California. EXCEPTING TM0EFROK AND RIJ,S$RVING unto /Grantor City of Newport Beach all mineral tights includ oi1, gas and other hydrocarbons, ea[cludini, however, om the exception and reservation unto the City of Newpor Beach the right of surface entry. / / Executed on k w,.. J-� k y , 1963. CITY OF IWWPORT BEACH j By � A Q�7 mayor ATTEST, qty C er c STATE OF CALIFORNIA ) : 89 COUNTY OF ORANGE ) on 'l'I t- `� , 1963, before me, the'\.undersigned, a Notary Public �a ari�A County and Sttate, personally appeared CHARLES 1. HART and MARGERY SCHROUDER, knoazl to.me to be the Mayor and City Clerk, respectively, of the CITY OF NEWPORT BEACH and to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same on behalf of the City of.N*vport Beach. 29 !j WITNESS my hand and official seal. 30 321 ij III c -" , �.�''� �i�✓ n' L Notary Public in and for said County and State a C Om Ln m o• U m F- 0 9 LL O U o �o �j �i '1� 3 LL : ry u m Y K 0 n W E 0 LL m U N O R9p Q� r o; OC J o y 1 v a h- 2 fn 0 °a z� r �V °K u u Q i February 26, 1963 I' l Mr. 6 Mrs. Leslie B. Tracy 438 South Sao Jose Avenue Covinas California Dear Mr. b Mrs. Tracy: DJ Saclossd you will find first Western Banks Covina Office. cashier "4 check 4385.52799 in the amount of $550.00, which was tendered to us for deposit on bid& parcel As per reselation 45696. LI The check has been properly indorsed to you. Please sign below as evidence of receipt by you and return the signed copy in the enclosed envelops. Very truly yours. Frank D. Johnson Finance Director FDJsva Snarl Received February — 1963 Leslie Z. Bracy Mary lrmo Tracy 0 a CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To City Clerk From: City Attorney February 26, 1963 Subject: Sale of property under Resolution No. 5696 Forwarded are Resolutions Nos. 5740 and 5741 authorizing the execution of grant deeds on Parcels A and B, respectively, described in Resolution No. 5696. These resolutions were retyped to refer to the high bidders in the singular instead ok' plural number and to -insert the name of the high bidder in eacin --torney ti M 3 CA � r.? 6,� v TILE: 1: A. a 1 I Mee- 2/4z/63 (S) I 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I `.,. R;C mj N*0 1741 A y OFT COUNCIL ON T8E _GiTY Op T BRACH A RING THE tiN O8 A MANt. DIED WMUS, tLle mil of the City of Newport Utah publiclt I*ited bids -ca A0pu . rchase of mrplus City y coasitting :09�; All that oe ain land situated in the State•of california tokmty of t i ings. city of Newport Beach, described as lolioWs t tft A in Block 434 of Canal Section Newport Beach,.. #A shown an a recorded in Book 4, ppage 96 of Miscellamoods Maps, reae9mb of Orange County, California; and ;WlPWAB:, bide,weze received by the City Comm on Bebrus y 23, 1"Si •at which time` HOWARD .S. HDDSE was the high bidder for tbrr;�acahasa_of said property, and Tom., the bid of said high bidder was accepted by the City and the property ordered sold by the City Comcild W*, ?RmIDNBZB, a IT RUMVBD that the Mayor and city C14rk be and are hereby authorised and directed to execute a grant deed on behalf *t the City of. Newport Beach. Sweating the above described real property to said high bidder or to the person designated by hire in writing. ADO?= this 29th.dey of February, 1963. � or ATT38T.- city Graw j A a 6/63 (8) 11 ro i, l to. 574O 2 A IMPOLUTION CITY 3 or � MAC IZOG nm ION OF 3 , A GRAM DM 4 5 ' VMUS , the City 40004i of the City of Nawport Batch. 6 publicly inVited.bids for the purchase of '4urplus City property T eonsisting aft.. portift Of Lot 11a Block 55, River Sestion iu'V.m city of Calujoaia, ost tomb county of Orange, stab of as per l In book n 25 in the tce: 9 rec orded page of Kiseellaneou4.*ap8, at the county` recorder of said a msty, described as 10 ille�►ss - :' 11 " g at the southeasterly eerier of said bot 11; thjAgg Westerly along th4s south"aterly line, of said 12 lot to the soathwster3.y corner of said lot; thence Actbeaaterly a the northwesterly uns of said lot dissect 13 a distance of 91400 feet; thence eisteity on a 1UW to a t o! intersection with the' southautta rly 14 line of sal lot. 110 said point Of intersectioa luisag i �atarly'e distant 95 feet from the suth- 15 easterly corner said Lot 11; tienoe sotir esterly Alang OalLd southeasterly line a distance of 95 feet ' 16 t paint of bejiftA1* . 17 thersfrom the southwesterly 15'feet of the above d4rsQ p1^opssty; • 18 19 and 20 ?ii , .bids were .received by the City. Council on 21 February 25y il630:;at.whiih time o. A. WINN was the bfgb bidder for 22 the pmahase of said property; and 23 WMMW , the bid of said high bidder was accepted by the' 24 City and the property ordered sold by.the City Cvunotl ;. 25 YAW TMW MU, = IT RBSOLVRD that the Mayor and City. 26 Clerk be and are hereby authorized and directed to execute a grant 27 deed on behalf of the City sf Newport Beach granting the above 28 described real property to said high bidder or to the person 29 designated by hisa in writing* 30 ADOPM this 2§tk day of rebruaryi 1963. 31 ATTERTS 32 y ox 7—_city $ G�= 0' M C• z UP 4 co LU r K 1 o° z 3 W c LL ° v u w h m O n U3 J J E O � LL N U N K rc 0 m� In Q 4 � 3 v � K F, N F GI n' f o. E o� Z r 0 u n ¢ F F R W m City of Newport Beach City Hall Newport Beach, California To Whom It May Concern- 3105 Newport Boulevard 6 Newport Beach, California OBiole 34350 February 25, 1963 Enclosed is a Cashier's check in the amount of Twelve Hundred and Fifty Dollars ($1,250.00) as deposit on a bid of Twelve Thousand Five Hundred Dollars (x12,500.00) on "Parcel A". This bid is submitted in the name of .0. A. Winn. CWK/e enc: 1 �U�`IQY4'C7 � f 4 'V "r y yours f Williamson, Broker vG —Fe 0 i r* I P ^' J cd .H 0 0 td •rl ri iu ni J J C n � T �i I N V Cd 0 i i V � b Z 0 Qa � J� n v h I m d Z `m P ^' J cd .H 0 0 td •rl ri iu ni J J C n � T �i I N V Cd 0 i REALTOR Member: Multiple Listing Service 3105 Newport Boulevard City of Newport Beach Newport Beach, Calif. To whor-Re it may concern: 0 Mole 3.4350 Feb. 24, 1963 Newport Beach, California Inclosed here,,#th a cashier's check for .2,750.00 as deposit on bid of li'27,500.00 on Parcel B in the name of Ylelvin C �Ln ge- . Signed orge W Williamson I Broker L I - U W M •4 N rl Yl N U ;4 f - G -1-4 3 U 0 Cc N N 0 } Q f-I G �-1 N f I ' v J mU ..s aW d� Z r r-i N U f� ro GL C O w of ƒ \ m � \Iz- Q0] / Lu \ * » j © . ƒ %k ' k LL \ 02 )`, \ LL �- e��f��� 2 / Cl 1 r WILLIAM L. RILEY Realtor 2122 W. 3rd St. Los Angeles 57, Calif. a rebruary 21, 1963 y / Schrouder, City C1erL. v 3300 ;d. Newport Blvd. v Newport Beach, California Dear i;adam: In accordance with Resolution ; ?o. 5696, I am submitting a bid for Howard P. Hou,e, my client, for parcel "B", known as Lot 4, z �i'ts i 40 anal Section, Newport Beach, as shorn on a map recorded in Bool; 4, Page 98 of Miscellaneous Maps, records of Orange County, California. Said parcel "B" is shown on drawing No. RM 5018 —L. Attached hereto is a certified check in the amount of >2,875.60, as a ITT deposit of the amount of my client +s bid of :-28,756, for said parcel "B ". I am a licensed Realtor, License No. 051954 and eligible to be paid any commission. WLR :rbs Yours trulyy tid. L. Ri V Realtor ( V, 0, � ),t F'C- 6 {�1 t 91 4� -H 0 a) F-i Cd C/2 4� (v 10 T) M qj ( / \/ , N ;5 0 u 0 4 � / t C-) 0 (1) z co -P � \ C") 0 0 91 4� -H 0 a) F-i Cd C/2 4� (v 10 T) M qj ( / \/ , N 21 January 1963 a City of Newport Beach Attention: City Council Gentlemen: We, Leslie E. Tracy and Mary Irma Tracy, husband and wife, hereby submit a bid in the amount of $ ..3dollars for parcel A, a portion to 0 of lot 11, block 53, River Section, in the city of Newport Beach, as described in your Resolution No. 5696. In compliance with the bid requirements, a cashiers check in the amount of $ SO. UO dollars is enclosed as the 10 percent deposit, which is to be returned if the bid is unsuccessful. Since the lot is zoned R -1, sewer and water mains must be run, and the lot constitutes only a portion of a lot, it is considered that the cash bid submitted is commensurate with present market values in the area. Sincerely, Leslie E. Tracy ar rma racy %//���ovi.sa e s 0 oe- ,4 ri NZ) 01 cxw UA u JiN ton C-3, WJ coo A, TO 1 DATE al $�- (o TIME / D c2wti WHILE YOU WERE OUT MR,�i d.vL OF PHONE N0. l Telephoned = Please Call Called to see you M Will call again Wants to see you Q Returned your call Message CC -ti ✓ 14 l .c- _•z c= -> . ,:� L�.� �'•- ���.�'��.G, ; �';t -CPC �� .�L;,•�Z /�� /t.Gc-.C- Ec•�signed) ���. %i� 4 . To From Subject 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT City Clerk City Attorney Sale of City -owned property February 20, 1963 ,q Forwarded are resolutions which, if adopted by the City Council, will authorize the execution of grant deeds on the two parcels Of City -owned property authorized for sale as Parcel A and Parcel B by Resolution No, 5690, These are in order for presentation to the City Council if, after the bid opening and public auction on February 25, 1963, the property is ordered sold. Blanks have been 'Left in the resolu- tions for insertion of the names of the high bidders whose bids are accepted by the Council, WWC:mec Encs. cc - City Manager Public Works Director Finance Director Walter W. Charamza City Attorneys' AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA 1 as. County of Orange J I, ...ARVQ:_,E..... RAU& ........................... being first duly sworn, and on oath depose and say that I. am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the..... eS.01Ut 011..,... ..,..55„696 .. .......... .................................... ............................................ of which . copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, ..........4...... eoneeeu- niw times: to -wit the issue(s) of Jan ...... 3.z .... �7.1 .... 31.z ..... .''eY?. 14.:....1963 (Signed) ........La J-t .... (. :...... Subscribed and sworn to before me this..2 .thday of .......F.. °br.7x X17 ................ 19 .... 1,3 -, -,,, Notgry Public in and for the County of Orange, State of California. 'ION NO. 6696 'ION OF THE CITY OF THE CITY OF BEACH DECLAR- A1N REAL PROPER - SURPLUS,AUTH- rS SALE AND SET- ' THE PROCEDURE crl that the approximate values; of the parcels are. as follows -i Parcel A., $13,500; and Parcel; B. w,;500. Each bid must .bet ' saaliid and submitted, io the City %bY 7 3Q„g�,in _ -on Fehruaty 2B^�.19133�'- Eaehtifdinuasheul =: cor t,911 n ,ijiistadequlitely. ITS SALE. ; iden "d REAS the City has title m � 'it is Ireal' roperty herein- p'a _ otherwise and *`tlappears that nt or prospec- d property and re, be in the City to sell following e and condit- 4otkfi tJ� N,TH BE IT RE- 1(S1 zrty Council r,er�+'€ar Cermines, re- determines that the hereinafter described parcels of City-owped real pro- perty are surplas, property and there is no presetii.or prospec- tive need for it. PARCEL A 'A portion. of Lot 11, Block 53, River Section,- in the city of Newport Beach, county of Or- ange, state of California, as per map recorded. in book 4 page 25,. Miscellaneous Maps, in the" ate of the county re- -etnd er ofsafd county, described a{ follows:' -Beginning at the southeasterly comer of said Lot 11; thence gg}terly along the southwest - &ly line of said lot to the southwesterly corner of said lot; thence northeasterly along the northwesterly line of said lot a distance of 91.95 feet; thence easterly on a direct line toa point of intersecitAn with the southeasterly line of said Lot 11,- said point of inter- section being northeasterly of and distant 95 feet frotP_the southeasterly corner o.$aid Lot llr: tftence southwes2rly a distance of 95 feet: °ihe point -of beginning. - EXCEP ING.there from the so- u thwesterly 15 feet of the above described property. PARCEL B All that certain land situated in the State of California, County of Orange, City of Newport Beach.; - :described as follows: Lot 4 i Block 434 of Canal_ . Section, - 'Newport Beach, as shown .iun a Map recorded in Book 4, page.98 of Miscellan- .eous Maps„-- records of Orange County .'California. -Said Parcel -A is shown on the map dated' 3- 31 -61; revised .11 -62, designated drawing No. R/W 5017 -L`p attached hereto and marked "Exhibit "A ". Per- ' .sons interested in purchasing Parcel A should note that neither the sewer line nor the water line ektends to this parcel. The approximate -location of the setter and water lines. is shown on Exhibit "A% Said Parcel B is shown on the map dated 3- 31 -61, revised 11 -62., designated drawing No. R/W 5018 -L, attached hereto and marked Exhibit "B ". On each of said parcels 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 - De- posit. Said property is .hereby offered forsale 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 Coun- aceoriipanied by a' deposit' of* cash or a certified or ta$Ifs{'3t check p yabl'etothe City e&ai: to ten pet cent (1056) of Qua -i mount bid to guarantee- Chit if E the City accepts the seekk"Id: cr an oral bid made at tlie`adcc ion by the bidder said bidder, will complete the purelraii*d within thirty (30) days p amount of his bid t ° cepted by the City i -- fied sealed bids of egit "'' -' - C aresubmitted, the tjtit3" w .jEd' first by the City C },je'. considered the high $ul.`h; bids for all put 'de- posit or check of.. bidder --hall be purchase price. A X91' be returned tothe ure of the succ dYEto complete the purc - dtpay as above required s_ #esolt in forfeiture of the - deposit to the City. Names of bidders shall ` not be disclosed until the bids are opened. Section 3. Opening Bids - PublicAuc[ion, Thesealed6ids shall be opened and publicly announced, at a City Council meeting in the City Council Chamber at 7:30 P.M. on Feb- ruary 25, 1963. 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 in an a- mount of not less than 75 %of4 the approximate value herein-- above assigned accompaniedb a cash deposit or check as re- quired may make oral bids on the land for which he has sub- mitted a sealed bid. Before making an oral bid, any person who has not submitted a quali- fied sealed bid must submit a ` cash depositor certified or cash- ier's check equal to fifteen per- cent (15%) of the highest sealed . bid on the parcel on which such_';' person wishes to bid. To be con- . sidered, the first oral bid must -' exceed the highest sealed .bid" by ten per cent (10 %) of the a mount of such high sealed bid. In conductingthe sale, the City Council may waive informal= ities inbids and may by motion -s' modify the terms of this resolut- ion as deemed necessary to ob- Lain the highest price for the - property. Upon written . appli- cation the City'Council- may permit a deposit submitted on one parcel to, apply to another parcel for the purpose of quali- fying oral bidders after the par- cel for which such deposit was . made is declared sold. Upon receiving the highest bid -obtainable from-a qualified bid-- - der, the Mayor shall declare the property sold to the bidder. mak- ing the bid subject to approval of the City Council; provided, however, that the City Council maycontinue the sale until the next regular meetingof the City Cow :cil. Sk ,scion 4. Withdrawal from Sale, T'i_ City Council reserves the right to reject any and all bids or to withdraw the property or any portion thereof or any in- terest therein from sale at any time. Section 5. Deed - Title insurance - Internal Revenue Stamps. Upon completion of the sale and payment of the a- mount of the bid, the City will execute a grant deed to and furnishatits expen'e 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 burdensand to covenants, con- ditions, restrictions, reservat- ions, rights, roadways, rights of :way and easements., if any. The buyer shall pay for all re- cording costs and the cost of Internal Revenue stamps. Section 6. Inability to Con - ve If the property cannot legally be sold by the City or the City is unable to convey marketable title within a rea- sonable 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 liability of the City shall ex ',t or arise from such cancellatie: ^. Section 1. No Warranty. N' o warranty is made or intended by any statement in this resolution or the notice of s ale or other wi;e with respect to location, size, zone or utility of any property or interest therein which is sold or offered for sale. Section S. Notice of Sale - Publication. The City Clerk shall prepare a notice of sa12 setting out the address or lo- cation, description, zone and approximate size of the parcel or parcels of property being of- fered for sale, the date, place and time the bids will be re- ceived and opened and the fact that additional information may be obtained from the City :Clerk'soffice. Thenoticeshal: be published four times and copies of the notice and resolu- tions shall be available in the City Clerk's office and mailed by the City Clerk upon request. Section9. Commission. Pay- mentofamaximum total cony missionof five per cent (51o) of the sales price shall be paid to therealestate broker or broke- enalcd thereto, if an%, uni the following coudit'iou<: (a). The property must be e_tually sold and the sale- —ice paid to the Cir. (b) only licensed real. estate brokersshall be eligible to be paid any commission. (c) Asealedbid upon: which acornmissionisto 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 de- positof fifteen per cent bycash or check as permitted in Section 3 hereof may at dtt time of submitting such de- posit natue the broker who pa, obtained the bidder and has thereby established eligibility or the commission or a share of it. (e) The real.estate broker, if any, named in the highest qualified sealed bid shall r €- ceive two and one -half pet cent (2 1!2 11o) of the amount of such bid as commission. (f) Thereal estate broker, ii any, named in the sealed bid ofthebiddertowhom the pro- Perry issold, or the real estate broker, if any, named With ihedeposit 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.. ADOPTED this 10th day of December, 1962. CHARLES E. HART mayor ATTEST: 1,;ARGERY SCHROUDER City Clerk If 4 y RESOLUTION NO. 5696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH. ECLAR- ING CERTAIN REAUPROPER- TY TO BE SURPLUS, AUTT - ORIZING ITS SALE AND SET- TING OUT THE PROCEDURE FOR ITS SALE WHEREAS, the City has title to the teal property herein- after described; and WHEREAS, it appears that there is no present of prospec- tive need for said property and it would, therefore, be in the bestintetests of the City to sell the same under the following terns, procedure and condit- ions; NOW, THEREFORE, BE IT RE- SOLVED that the City Council herebv finds, determines: re- volves and orders; Section 1, Surplus Property - Description. The City Council hereby finds and d reran iiaas that the hereinafter described parcels of City -owned u,..al pro- perty- are surplus property and there is no present or prospec- tive need for it. PARCEL A A portion of Lot 11, Block 53, River Section, in the city of Newport Beach, county of Or- ange, state of California, as per map recorded in book 4 page 25 of Miscellaneous. Maps, in the office of the county rc- cotderofsaid county, described as follows: Beginning atthe southeasterly cornet of said Lot 11; thence westerly along: the southwest- erly line of said lot to the southwesterly cornet of said lot; thence northeasterly . along the northwesterly line of said lot a distance of 91.95 feet; thence easterly on a direct line toa point of intersection with the southeasterly line of said Lot 11, said point of inter- section being northeasterly of and distant 95 feet from the southeasterly cornet of said Lot 11; thence southwesterly along said southeasterly line a distance of 95 feet to the point of beginning. EXCEPTING therefrom the so- uthwestetly 15 feet of the above described property. PARCEL B All that certain land situated in the Stare ofCalifomia. County of Orange. City of Newport Beach, described as follows: Lot 4 in Block. 434 of Canal, Section, Newport Beach, as shown on a Map recorded in Book 4, page 98 of Miscellan- eous Maps, records of Orange County, California. Said Parcel A is shown on the map dated 3- 31 -61, revised 11 -62, designated drawing No. R/W 5017 -L, attached hereto and marked Exhibit "A ". Per- sons interested In purchasing Parcel A should note . that neither the sewer line not the water line extends to this parcel. The approximate location of the sewer and waterline; is shown on Exhibit "A ". Said Parcel B is shown on the map dated 3- 33 -61, revised 11 -62, designated drawing No. R/W 5018 -L, attached hereto and marked Exhibit "B ". On e4ch of said parcels there will be reserved to the City of Newport Beach all mineral rights including oil. gas and other hydrocarbons but nor the right of surface entry. Section 2. Sealed Bids De- posit. Said property is hereby offered fotsale and bids therefor are invited under the procedure of sealed bidding and public auction as hereinafter set out. cil that the approximate values of the parcels ate. as follows: Parcel A, $13,500; and Parcel B. $27,500. Each bid must be sealed andsubmitted to rhe- City Clerkby7:30p.m. on.Febmary 25; 1963; Eadhbidmustbeon- conditloual anrimust adequately id ent ifythe'l— ' describedhi wh te- in for wtt is suhmittcd by parcel or otherwise and must be accompanied by a deposit of cash of a certified or cashier's check payable to the City equal to ten pet cent (101o) of the a- mount bid to guarantee that if the City accepts the sealed bid or an oralbid made at the auct- fou by the bidder said bidder willcomplete the purchase and within thirty (30) days pay the amount of his bid that was ac- cepted by the City. If qualf- fiedsealedbidsof equal amount are submitted , the one received first by the City Clerk shall be considered the h:ghcst of such bids for all purposes. The de- posit or check of the successful - bidder zhall be applied to the purchase price. All others shall bcretutnedtothebiddets. Fail- ure of the successful bidder to complete the purchase and pay asabovetequired 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 Feb- ruary 25, 1963. 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 in an a- mount of not less than 75%0 of the approximate value herein- above assigned accompanied by a cash deposit or check as re- quired may make oral bids on the land for which he has sub- milted a sealed bid. Before making an oral bid, any person who has not submitted a quali- fied sealed bid must submit cash depositor certified or cash- ier's check equal to fifteen pet cent (1510) of the highest sealed bid on the parcel on which such person wishes to bid. Tobecon- sideted, the first oral bid trust exceed the highest sealed bid by tell per cent (1011) of the a- mount of such high sealed bid. In conducting the sale, the City Council may waive informal- ities inbids and may by motion modify the tetms of this resolut- ion as deemed necessary to ob rain the highest price for the property. Upon written appli- cation the City Council may permit a deposit submitted on one parcel to apply to another parcel for the purpose of quali- fying oral bidders after the par- cel for which such deposit was made is declared sold. Upon receiving the highest bid obtainable from aqualified bid- der: the Mayot shall declare the properrysold torhebidder mak- ing the bid subject to approval of the City Council; provided, however, that the City Council mayconrinue the sale until the nast regular meeting of the City COn::eil. Section 4. Withdrawal from Sale. r't -_City Council reserves the tight to [eject any and all bids or to withdraw the property or any portion thereof or any in- retest therein from sale at any time. Section 5. Deed - Title execute a grant deed to and furnish at its expen-e a standard owners policy of title insurance in the amount of the successful bid . showing title vested in the patty of patties designated by the successful bidder subject to taxes. assessments and similar burdens and to covenants, con- ditions, restrictions, resetvat- ions, tights, roadways, tights of way and easements, if any. The buyer shall pay for all re- cording costs and the cost of Internal Revenue stamps. Section 6, Inability to Con - vey. If the property cannot legally be sold by the City of the City is unable to convey - marketable title within a rea- sonable time after the date of ' sale , the sale shall be void and deemed mutually cancelled, and any price paid of deposit made shall be refunded and no liability of the City shall exist or arise from such cancellation. Section i. No warranty. No warranty is made of intended by anystatement in this resolution of the notice of sale of otherwise with respect to location, size. zone of utility of any property of interest therein which is sold or offered for sale, Section S. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the address of lo- cation, description, .zone and approximate size of the parcel of parcels of property being . of- fered for sale, the date, place and time the bids will be re- ceived and opened and the fact that additional information may be obtained from the City Cietk'soffice. Thenoticeshall be published four times and copiesofthe notice and resolu- tions shall be available in the City Clerk's office and mailed by the City Clerk upon request. Section'.). Commission. Pay - menrofamaximum total com- missionof five per cent (5 %). of the sales price shall be paid to the teal estate broke[ 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 teal estate btoketsshall 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 broke[ who has obtained 11 the bid on behalf of the City and has thereby established eligibility for the commission of a share of it. (d) A person making a de- positof fifteen pet cent (15 016) byeash of check as permitted in Section 3heteof may at the time of submitting such de- posit na me the broke[ who has obtained the bidder and has thereby established eligibility for the commission or a share of it. (e) The teal estate broke[, if any, named in the highest. qualified sealed bid shall tc- ceive two and one -half pet cent (2 1/2%) of the amounr of such bid as commission. (f) The teal estate broker, if any, named in the sealed bid ofthe bidder to whom the pro- pettyissold, otthe real estate broker, if any, named with thedeposit 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. ADOPTED this 10th day of December. 1962. CHARLES E. HART The City Council will consider Insurance.. - Internal Revenue bids in any amount for the sale Stamps. Upon completion of ATTEST: of said property. However, it the sale and payment of the a- MARGERY S.CHROUDER is the opinionof the C.04 Count- - motint of the bid, the: City will City Clerk Mayor t �J J g RESOLUTION NO. 5696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLAR- 1 ING CERTAIN REAL PROPER ' TY TO BE SURPLUS, AUTH- ORIZING ITS SALEAND SET - TING OUT THE PROCEDURE FOR ITS SALE WHEREAS, the City has title to the teal 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 condit- ions; ;IOW, THEREFORE, BE IT RE- SOLVED that the City Council hereby finds, determines., re- solves and orders: Section 1. Surplus Property - Description. The City Council hereby finds and determines that the hereinafter described parcels of City-owned real pro- perty are surplus property and there is no present or prospec- :live need for it. PARCEL A A portion of Lot 11 , Block 53., River Section, in the city of Newport Beach, county of Or- ange.. state of California, as per map recorded in book 4 page 25 of Miscellaneous Maps, in the office of the county re- corder of said county, described as follows: Beginning at the southeasterly corner of said Lot 11; thence westerly along the southwest- erly line of said lot to the southwesterly corner of said lot; thence northeasterly along the northwesterly line of said lot a distance of 91. 95 feet; thence easterly on a direct title toa point of intersection with the southeasterly line of said .Lot 11, said point of inter - section being northeasterly of - and distant 95 feet from the southeasterly corner of said Lot 11; thence southwesterly along said southeasterly line a distance of 95 feet to the point of beginning. EXCEPTING therefrom the so- uthwesterly 15 feet ofthe above described property. PARCEL B All that certain land situated in the Scale of California, County of Orange, City of Newport Beach, described as follows: Lot 4 in Block 434 of Canal Section, Newport Beach, as shown on a Map recorded in Book 4, page 98 of Miscellan- eous Maps, records of Orange County, California. Said Parcel A is shown on the map dated 3-31 -61, revised 11-62, designated drawing No. R/W 5017 -L, attached hereto and marked Exhibit "A ". Per- sons interested in purchasing Parcel A should note that neither the sewer line nor the water Irieextendstothisparcel. The approximate location of the sewer and water lines is shown on Exhibit "A". Said Parcel B is shown on the map dated 3- 31 -61, revised ll -82, designated drawing No. R/W 5018-L, attached hereto and marked Exhibit "B ". On each of said parcels 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 - De- posit. Said property is hereby offered forsale and bids therefor are invited under the procedure of sealed bidding and public auction as hereinafter set our. The City Council will consider bids in any amount for the sale of said property. However, it is the opinion of the City Court- cil that the approximate values execute a grant deed to and of the parcels are as follows: furnish at its expense a standard Parcel A, $13,500; and Parcel B, $27,500. Each bid must be sealed and submitted tothe City 9(atkby7:30p,.m, on February $E'; 1963. Each bid *t;st be un- conditionaiariamijifi Cquately identify the lard rfbedhere- in for which i`�•.SUbmitted by parcelor otherwise and must be accompanied by a deposit of cash or a certified or cashier's check payable to the City equal to ten per cent (105a) of the a- mount bid to guarantee that if the City accepts the sealed bid oranoralbidmade at the auct- ion by the bidder said bidder willcomplete the purchase and within thirty (30) days pay the amount of his bid that was ac- cepted by the City. if quali- fied sealed bids of equal amount aresubmiited, the one received first by the City Clerk shall be considered the highest of such bids for all purposes. The de- posit or check of the successful bidder shall be applied to the purchase price. All others shall be returned to the bidders. Fail- ure 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 - PublicAuction. Thesealedbids shall be opened and publicly announced. at a City Council meeting in the City Council Chamber at 7:30 P. M. on Feb- ruary 25, 1963. 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 in an a- mount of not less than 75% of the approximate value herein - above assigned accompanied by . a cash deposit or check as re- quired may make oral bids on the land for which he has sub- mitted a sealed bid. Before making an oral bid, any person who has not submitted a quali- fied sealed bid must submit a cash depositor certified or cash- ier's check equal to fifteen per cent (15%) ofthehighest sealed bid on the parcel on which such person wishes to bid. Tobecon- sidered, the first oral bid must exceed the highest sealed bid by ten per cent (105o) of the a- mount of such high sealed bid. In conducting the sale, the City Council may waive informal - itiesinbids and may by motion modify the terms ofthis resolut- ion as deemed necessary to ob- tain the highest price for the property. Upon written appli- cation the City Council may permit a deposit submitted on one parcel to apply to another parcel for the purpose of quali- fying oral bidders after the par- cel for which such deposit was made is declared sold. Upon receiving the highest bid obtainable from a qualified bid- der, the Mayor shalideclare the property sold to the bidder mak- ing the bid subject to approval of the City Council; provided, however, that the City Council may continue the sale until the next regularmeetingofthe 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 in- terest therein from sale at any time. 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, con- ditions, restrictions, reservat- ions, . rights, roadways, rights of way and easements, if any. The buyer shall pay for all re- cording costs and the cost of Internal Revenue stamps. Section 6. Inability to con 1U, If the property cannot legally be sold by the City or the City is unable to convey marketable title within a rea- sonable 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 madeor intended by anystatement 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 8. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the address or lo- cation, description, zone and approximate size of the parcel or parcels of property being of- fered for sale, the date, place and time the bids will be re- ceived and opened and the fact that additional information may be obtained from the City Clerk'soffice. Thenoticeshall be published four times and copiesoafthe notice and resolu- tions shall be available in the City Clerk's office and mailed by the City Clerk upon request. Section9. Commission. Pay- ment of a maximum totaL corn - mission of five per cent (S%) of the sales price shall be paid to therealestate 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) Asealedbid 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 de- posit of fifteen per cent (15%) bycash or check as permitted in Section3hereof may at the time of submitting such de- posit name the 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 re- ceive two and one-half per cent (2 1 /201o)'of the amount of such bid as commission. (f) The real estatebroker, if any, named in the sealed bid of the bidder to whom the pro- perty Ls sold , or the real estate broker, if any, named with rhedeposit 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. ADOPTED this 10th day of December, 1962. RT May Section 5. Deed - Tide CHARLES E. HA Insurance - internal Revenue Ma Stamps. Upon completion of ATTEST: the sale and payment of the a- MARGERY SCHROUDER mount of the bid, ihe'Ciiy.will City Clerk LEGAL NOTICE RESOLUTION NO, 5696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECCAR- 1NG CERTAIN REAL PROPER- TY TO BE SURPLUS, AUTH- OR1Z1NG1TS SALEAND SET- TING 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 condit- ions; NOW, THEREFORE, BE IT RE- SOLVED that the City Council hereby finds, determines, re- solves and orders: Section 1, Surplus Property - Description. The City Council hereby finds and determines that the hereinafter described parcels of City -owned real pro- perty are surplus property and there is no present or prospec- tive need for it. PARCEL A A portion of Lot 11, Block 53, River Section; in the city of Newport Beach., county of Or- ange., state of California, as per map recorded in book 4 page 25 of Miscellaneous Maps, in the office of the county re- corder ofsaid county, described as follows: Beginning at the southeasterly corner of said Lot 1.1; thence westerly along the southwest- erly line of said lot to the southwesterly corner of said lot; thence northeasterly along the northwesterly line of said lot a distance of 91, 95 feet; thence easterly on a direct line toa point of intersection with the southeasterly line of said Lot 11, said point of inter- section being northeasterly of and distant. 95 feet from the southeasterly comer of said Lot 11; thence southwesterly along said southeasterly line a distance of 95 feet to the point of beginning. EXCEPTING therefrom the so- uthwesterly 15 feet of the above described- property., - PARCEL B All that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows: Lot 4 in Block 434 of Canal Section, Newport Beach, as shown on a Map recorded in Book 4, page 98 of Miscellan- eous Maps, records of Orange County, California. Said Parcel A is shown on the map dated 3- 31 -61, revised 11 -62, designated drawing No. R/W 5017 -L, attached hereto and marked Exhibit "A Per- sons interested in purchasing Parcel A should note that neither the sewer line nor the water line extends to this parcel. The approximate location of the sewer and water lines is shown on Exhibit "A ". Said Parcel B is shown on the map dated 3- 31 -61, revised 11 -62, designated drawing No. R/W 5018 -L, attached hereto and marked Exhibit "B ". On each of said parcels theie 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 - De- 2 L. 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 Coun- -. '_ _._ LEGAL NOTICE cilthat the approximate values of the parcels are as follows: Parcel A, $13,500; and Parcel B', $27,500.. Each bid must be sealed and submitted tothe City Clerk by 7;30 p.m. on February 25, 1963. Each bid must be un- conditional and must aaequately identify the land described here- in for which it is submitted by parcel or otherwise and must be accompanied by a deposit of cash or a certified or cashier's check payable tothe City equal to ten per cent (101o) of the a- mount bid to guarantee that if the City accepts the sealed bid or an oralbid made at the auct- ion by the bidder said bidder willcomplete the purchase and within thirty (30) days pay the amount of his bid that was ac- cepted by the City. if quali- fied sealed bids of equal amount aresubmitted, theone received first by the City Clerk shall be considered the highest of such bids for all purposes. The de- posit or check of the successful bidder shall be applied to the purchase price. Allothers shall be returned tothe bidders, Fail- ure of the successful bidder to complete the purchase and pay asaboverequired shall result,ig forfeiture of the deposit to dit.. 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 Chamberat 7:30 P. M, on Feb- ruary 25, 1963. 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 in an a- mount of not less than 15%of the approximate value herein - above assigned accompanied by a cash deposit or check as re- quired may make oral bids on the land for which he has sub- mitted a sealed bid. Before making an oral bid , any person who has not submitted a quali- fied sealed bid must submit a cash deposit or certified or cash- ier's check equal to fifteen per cent (15 %) of the highest sealed bid on the parcel on which such person wishes to bid. Tobecon- sidered, the first oral bid must exceed the highest sealed bid by ten per cent (10 %) of the a- mount of such high sealed bid. In conducting the sale, the City Council may waive infonmal- itiesinbids and may by motion modify the terms of this resolun ion as deemed necessary to ob- tain the highest price for the property. Upon written appli- cation the City Council may permit a deposit submitted on one parcel to apply to another parcelfor the purpose of quali- fying oral bidders after the par- cel for which such deposit was made is declared sold. Upon receivingthe highest bid obtainable from a qualified bid- der, the mayor shall declare the property sold to the bidder mak- ing 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 ail bidsor to withdraw the property or any portion thereof or any in- terest therein from sale at any time. Section 5. Deed - Title Insurance - Internal Revenue Stamps. Upon completion of the sale and payment of the a- mount of the bid, the City will 0 LEGAL NOTICE 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 ' burdensand to covenants, con- ditions, restrictions, reservat- ions, rights, roadways, rights of way and easements, if any. r, The buyer shall pay for all re- cording costs and the cost of f Internal Revenue stamps. Section 6. Inability to Con - v. If the property cannot legally be sold by the City or the City is unable to convey marketable title within a rea- sonable 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 otherwise with respect to location, size, zone or utility of any property or interest therein which is sold or offered for sale. Section Q. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the address or lo- cation, description, zone and approximate size of the parcel or parcels of property being of- fered for sale, the date, place and time the bids will be re- ceived and opened and the fact that additional information may be obtained from the City Cierk'soffice. Thenoticeshall be published four times and copiesofthe notice and resolu- tions shall be available in the City Clerk's office and mailed bythe City Clerk upon request. Section9, Commission. Pay- ment of a maximum total com- mission of five per cent (5 01a) of the sales price shall be paid to thereaiestate 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 brokersshall be eligible to be paid any commission. (c) Asealed 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 edigibilityforthe commission or a share of it. (d) A person making a de posit of fifteen per cent (151.) bycash or check as permitted in Section 3 hereof may at the time of submitting such de- posit narne the 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 re- ceive two and one -half pet cent (4 1 /20i ^) of the amount of such bid as commission. (f) The real estate broker. if airy, named in the sealed bid of the bidder to whom the pro- pertyissold, orthe real estate broker, if auy. named with thedeposit of fifteen percent (15 %) submitted by the bidder to whom the property is sold , shall receive that portion of the total commission not paid under (e) above. ADOPTED this 10th day of December, 1962: CHARLES E. HART Mayor ATTEST; MARGERY SCHROUDER City Clerk 0 0 RESOLUTION NO, 5696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLAR- ING CERTAIN. REAL PROPER- - TY TO BE SURPLUS, AUTTH- ORIZING ITS SALE AND SET- TING 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 condit- ions; NOW, THEREFORE, BE IT RE- SOLVED that the City Council hereby finds., determines, re- solves and order: Section 1, Surplus Property - Description. The City Council hereby finds and determines that the hereinafter described parcels of City -owned real pro- pert) are surplus property and there is no present or prospec- live need for it. PARCEL A A portion of Lot 11 , Block -32 River Section, in the city of Newport Beach, county of Or- ange, state of California, as per Wrap recorded in book 4 page25 ofMiscelianeous :Alaps, in the office of the county re- corderofsaidcourav,described as follows: Beginningatthe sourhea_sterl)' corner of said Let 11; thence westerly along . the southwest - erl)'line of said lot to the southwester!; corner of said lot; thence I v a aster along The. northwesterly line of said lot a distance of 91. 95 feet; thence eaiterly on a direct line toa point of intersection with the southeasterly line of uid Lot 11 aid point of inter- section being northeasterly of and di rant 95 feet from the southsaemrly corner of --aid Lot 11: thence .outhwesterly along said southeasterly line a distance of 95 feet to the point of beginning. EXCEPTING therefrom theso- uthwe3terly 15 feetof the above described property, PARCEL B Allthateertaih land situated in the Stateof California. Count)' of Orange, City of Newport Beach; described as follows: Lot 4 in Block 424 of Canal Section, Newport Beach, as shown on a Map recorded in Book 4, page 98 of Miscellan- eous Maps, records of Orangc. Counts. California. Said Parcel A is shown on the map dated 3- 31 -61, revised 11 -62, designated drawing No. R! W 5011 , attached hereto and marked Exhibit "A Per- sons interested in purchasing Parcel A should note that neither the sewer line nor the water line extends to this parcel. The approximate location of the sewer and water lines is shown on Exhibit "A ". Said Parcel B r shown e>n the map dated 3- 31 -61, revised 11 -62, designated drawing No. R/W 501E -L, attached hereto and marked Exhibit "B'•. On each of said parcels 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 - De- osit_. Said property is hereby offered for sale and bids therefor are hinted 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 Coun- cil that the approximate values of the parcels are as follows: Parcel A. $13,500; and. Parcel B, $27.500. Each bid must be sealed and submitted tothe City dlerkby7:34,p•m. on February 25. 1963.Ach bid m ust be un- conditionYl and must adequately identrf' land descr!bedhere- in for whiich it i binitted by parcel or otherwise and must 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 a- mount bid to guarantee that if the City accepts the sealed bid or an oral brd made at the auct- ion by the bidder seid bidder will complete the purchase and within thirty (30) days pay the amount of his bid that was ac- cepted by the City, If quali- fiedsealedbidsof equal amount are submitted, the one received . first by the City Clerk shall be considered the highest of such bids for all purposes. The de- posit or check of the successful bidder shall be applied to the purchase price. All others shall be returned to the bidders. Fail- ure of the successful bidder to complete tiie purchase and pap' 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. O eniiig PublicAuction'. Thescaledbids shall be opened and publicly, announced at a City Council meeting in the City Council Chamber at i::30 P. M. on Feb- ruary' 23, 1963. The Mayor shall conduct the auction and _hall announce the amount of the highest seated bid and the name of the bidder and shall then call for oral bids. Lach person who has submitted a qualified sealed bid in an a- mount of not less than d °o of the appro -mate value herein above a_sigri:d a c,, ups red by a cash deposit of check os re- quired inay make oral bids on the land for which ils .has sub- mitted a scalisd bid. Before making an oral bid, any person who has not submitted a quali- fied sealed bid must subi;rit a cash depositor certified or cash- ier's check equal io fifteen per cent (150,6) ofthehighest sealed bid on the parcel on which such peronwishestobid, Tubecon- sidered, the first oral bid must exceed the highest sealed hid by trim per cent {10(x.) of the a- mount of such high sealed bid. In conducdng the al2, the City Council rimy waivr infopnal- ities in bids and m,r) by motion modifyihe terno, of this resolut- ion as deemed necessary to ob- tain the highest price for the property. Upon written appli- cation the City Council may perinit a deposit submitted on one parcel to apply tp another parcel for the purpose of quali - fyingoralbidders after The par- cel for which such deposit was made is declared sold. Upon receiving the highest bid obtainable- frown a qualified bid- der, the Mayor shall declare the property sold to the bidder mak- ing the bid subject to approval of the City Council; provided, however, that the City Council may continue the sale until the na.et regular meeting of the City Council. Section 4. Withdiawad from Sale. Tho City Councilreserves the right to reject any and all bidsorto withdraw the property or any portion thereof or any in- Te.rest therein from ::ale at anv tittle, Section 5. Deed - Title insurance - Internal Revenue Stain s. Upon completion of the sale and payment of the a- mount 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 tares, assessments and similar burdensand to covenants, con- ditions, restrictions, reservat- ions, tights, roadways, rights of way and easements, if any. The buyer shall pay for all re- cording costs and the cost of Internal Revenue stamps. Section 6. Inability toCon- - v. If the property cannot ,1 legally be sold by the City or the City is unable to convey marketable title within a rea- sonable 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 i. No Warranty. No warranty is made or intended by anystatement in this resolution or the notice of sale or otherwise . with re::pect to location, size, zone or utility of any property or interest therein which is sold or offered for sale. .Section S. Notice of Sale - Publrcatiou. The City Clerk shall prepare a notice of sale setting out the address or lo- cation, description, zone and appro.riinate size of the parcel or parcels of property being of- fered for sal_ , "the date, place and time the bids will be re- ceivedaud opened and the fact ,. that additional information inay be obtained from ihr. City Clerk'soffice. (henoticeshall be published four times and copies of n the otice and resolu- tions shall be available in the City Clerk's office and marled byib City Clerk upon request, Section"), Conui i »ion. Pay - mentofamacinnu •otalcom- nues or of five u i cent (5 'b) of lire sales. price _Mall be paid to thereal estate broker or broker , entitled thereto, if aay, under ' the following condition: . (a) The propert)' must be -- actually sold and the ;ales'" price .paid to the City. (b) Ouly licensed real estate . brokersshall be eligible to be paid any commission. (e) A sealed hid upon which a commission is tJ be claimed shall so stat= and shall name the broker who has obtatucd the 'bid ou behalf of the City and ha_ thereby established eligibility for the conmission or a share of it. (d) A person making de- positor fifteen per cent (15 '7.) by cash or cheelt as permitted u:Svctiou 3hercof may at the time of submitting such dc- posit name the broker who has obtained the bidder and has tlierebyestablished eligibility for the commission or a share of it. (c) The real estate broker, if any, named in the highest qualified sealed bid shall re- cc7.cc t;,o a;d on0- half -per ccut (8 1J3'!c)'of the aniount of such bid as commission. '(f) The real estate broker, if any, named in the sealed bid of the bidder to whom the pro- pertyis sold, or the real estate broker, if any, nan'ted with the deposit of fifteen per cent (150,,o) submitted by the bidder to whom the property is sold, shall receive that portion of the total commission not paid under (e) above, ADOPTED this Loth day of December,. lilu_'. CHARLES E. HART ATTEST: MARGERY SCHROUDER City Clerk Mayor .3 gib � i j 4F 9. '. �a��i• i(S-�' i d r 'ass`- a1-5x— ryT-c= .i VA v,. mi' � � y,:_ •. ," � `r 'mss . s 1 -2 -63 Ao s r Copy of Resolution No. 5696 mailed to <,'t F sf Newport Harbor Board of Realtors y = 401 North Newport Boulevard .` y Newport. Beach, California r M. V. a s E Dui" i {r r fy� .!• A F a; -rte �. � ,,rqy, a �`'s� , `��.°' x v^•4� 1 1 1 4 0 Resolution No. 5696 mailed to all names on attached list on 12- 31 -62. r nrt I pamw'. r. 1 ugh 245 SQUO, Elm DrivC, J3'Ovgz!Y KLIia. i a ;lvrna" Walker 4100 Bellfic-w-1:- ROXII"Wyd YT-1a C&' C. R. W -Power Realty, 12530 Brookh-arst Strrot, GArdr-.. ave. Ca*lf .r:'A ")Im K. Br%l ;:!t' P. 0. Box <'-Aa Ana, Cal!f. `#A 13 .-A Via Freed, f ney At Law, I01 N rt%i a, Lit rep A y, .F sc F at L�-,- C ti, 1 m ^ SouUi A!r,: -'i 7BOul e -At,!; P&J'ad*Tm* Dana P "z �.: t rsaker, Jr., }3 ±1r San Antonio Dr:vr., R W,j�U%pjLtrirk. 2186 Luana, Lane, Mnntrt; n fperanc,�. It �O�f ;';t.st Ba'17,.... *y Irma Tracy, 306 Navilla Plat-, mr. Whited, Beach & Shore p,q&Ity. 2059 H= Cr eta Mt## G_ R. Femiftef� '_Imas' ir;v4stme'.' Compa-,,., Cost& Me4a lr.•: eqtment Coznpanv, 1'6 sta Hill* A0 - Lido Kca'.y, inc., 3400 Via Lido, Newport Beat> - •'t: -_FHmirb Kaliytbach, WS Via L—AU-04or! or Ik ..rtim, 312 M&rbi* Avt; " . IdbGa inlamci,,. titre ." New— Way, on Arigolov 13 Co. S48 Sout� Sp.Fing Stre� Via JUcsgj• Kb rt Bea, -unt=r �Ll Jones Real Estate. Welt Ba"b6a j�' oulevard, Ne Bo&4h Att;Judy ii C RIQsr, 2816' Cliff Newport Reach- Ea-dyew Holtz, 20471 BUShLArd Street, r- FE [ Bryant W a t' 117 Via Undoes, we WA" CA Drive, C.: - t& jAee& Frar.•k CIL_.P$& r Av"anue, Newpr--. Beach !'-roratjm box Rmilb-s Island a v L, B tech Real, Y, Inc. 1696 Newp l*_Vve -3 a hues, A. -R. Gedde b. Robert bro-se, 1920 *eat Balb, & Roulovard, Nowp.art Roac-h Arthur S. Ha 'd, 4715 River Avenge, N ewport Beach GOOF K* OV i i iaM X.,7n- So -140ads Reaityl •00 t B N 4V Roy HJ­., Development Corp., 1343 Kate;_a a,euue. ."-7-Aheim Mr. A!zr; -Mrs. Gerard Wootors 60"I'• WDodriz:: Avenue, ArCA6,1 :M -latke, Coldwell. Banker Company, 'TOO Wilal L�L� fi kfkgoleg Ii7 I -Stuart Li mp'Gn, `,40(j TiIlgon Street, Led ArtQe A t t , ' ';8 No N-2 jl B_ J . '-owe, 318 Driftwood Roa r -ii -0696 k'1 14at-ok, 1923 Republic ny R W 1517, Dolphin terrace, Comrs I. %!I. Raul tr Newp(.r i 1-411 Ballif. 212 ,'4th SE Newporr Fa- FOR 3-6-153) 26(',F Ana .1h Stre-c 3!*P- A. - n :, Mr. Jack WdMW Turner Real Rstatte, 26C Newpe Blvd.,, is retard 50OVItiver k-je. Newport 1145 W, l7r`- S ti a M, '71cror Mfl.� m , 704 Min Park Drive ti =,lfport Beach v. YiTvcold, 1 Newport Roher t 41 V Beac'. 41 . Heliotrope, Corona mt- rt. ird, 1 1 14- 111 1- Newport Al A. Nt�-- S Wr J(en7 t 'i Reach S 1�chneider. 1290 RI fast Ave., 5 Via I>Tldf-, 'qPWi Rea& Newport Mqrbor a- Real, Clvde F 1 �- 4 - Amid St- N-4. -,o*r' ft&,* sera' d Sw;qrtcyut, 520 P.qt;eo de Lc-s 7 Redondo 1019'm �)imitro 212 Wmkrlrgr�--n Ave 11 .. -?,. Beach M q Mary Urschel, 336 CAtal Mrs, E. �J nter , i-18 South 1(—a ido 91WIA. Realty, 3303 -e:.;Port Diid Ayres, S St. IU#.,Wrt Nrw- Ave, BI vd B- Beach WvrMA r -)r ; i, ,-i ' -- 1 - Liiim Reyw""'i V. , °c* G --masks Ri '4 d tr Fa 'Mlore, 1218 Essex lane ,. B_ J . '-owe, 318 Driftwood Roa r -ii -0696 k'1 14at-ok, 1923 Republic ny R W 1517, Dolphin terrace, Comrs I. %!I. Raul tr Newp(.r i 1-411 Ballif. 212 ,'4th SE Newporr Fa- FOR 3-6-153) 26(',F Ana .1h Stre-c 3!*P- A. - n :, Mr. Jack WdMW Turner Real Rstatte, 26C Newpe Blvd.,, is retard 50OVItiver k-je. Newport 1145 W, l7r`- S ti a M, '71cror Mfl.� m , 704 Min Park Drive ti =,lfport Beach v. YiTvcold, 1 Newport Roher t 41 V Beac'. 41 . Heliotrope, Corona mt- rt. ird, 1 1 14- 111 1- Newport Al A. Nt�-- S Wr J(en7 t 'i Reach S 1�chneider. 1290 RI fast Ave., 5 Via I>Tldf-, 'qPWi Rea& Newport Mqrbor a- Real, Clvde F 1 �- 4 - Amid St- N-4. -,o*r' ft&,* sera' d Sw;qrtcyut, 520 P.qt;eo de Lc-s 7 Redondo 1019'm �)imitro 212 Wmkrlrgr�--n Ave 11 .. -?,. Beach M q Mary Urschel, 336 CAtal Mrs, E. �J nter , i-18 South 1(—a ido 91WIA. Realty, 3303 -e:.;Port Diid Ayres, S St. IU#.,Wrt Nrw- Ave, BI vd B- Beach Mrs, al 4.12t F Aw. '-Robarr Illps, 742 lr- •lev Poona Nk Woodhouse, 1715 Fair A -WratrIlck O'Connor. 'i7f)" Brims, Newp M m Mrs. Noma Cheatham, 4 1-lort Beach 00 Z-11110MI Newpc-.rt- Beach T. 0. King, 1274 knacanA wet, , . =mnm Reach Harry Johnsen, 139 NorPh "hrt s Wo1clechowski Il N On s Itgoi Gerald Swartort, 2317 91w R. C. Scheurtch, 22()4 Kaplim�-Jl -]Lom -..,v i C R. V. Far-ml I . 109 6th St.. Mies jparnetre Rerwm-erlinvt r•ldenrod Co"-.,% del Mar F-ui7eT-.-e M. Vreeland, 121 ViA ',hidinejj1ft%-pf--r Romen t* 207.3f Vational Ave. Coota Mesa r N beltniq �-Ralph Xaskay, 9411 Nvwj!mrt Blvd.. Me•,Vort Peach Frederic M. Wurd, Real Eatatt Apprall P&l, , 1.8611 H111hAlven St., sa*ima lknb&x.x-.-D- and Mary R. Longacre. 418 !1 i-,Y qrada Ave. A 1-hambra . C. M. ntta. -.3264 Pol"r Drive. Lox 65 W. G. garkemq�yeT, 600 Arroyo T)rfve, 4., .,-Idliwna woherr f"emse 235 Tamarack Ave., Ant mod 1 sill i F . r. P ils rr, Silva & Hill .9 San G;.tkrt#&4jjv•! South San.. 18nev, 124 Awtinvar 1,ve-, R:ilhe -, In—! l4a r -;r Land Coormny.10835 Santa Montra 'Alvd. Lntt Angeles Myrtle R. Kirby, 1105 East Cc-lorado, Pasadena Qvyentin Tnhias , 13890 S. Western Ave. , Cprd-na E. C. Mansfield, 14756tunnyw.de Street Niiye C. Howard, 4475 Vineland, North Hollywood cas jasingki, 11491 An& Street I lewport lkparh S"_493, TUSUM Mrs, Vf �71 iroster, - 4:9 colt,,? ",-ANwelti' na Angola@ 64 rAl"IM'em wAnch Compftiy 651? Whttmarth Drive 4; LoC�=,gi= v , 005 Ct°ljwltcn Road, qmiq Mor-lor, hyx 4CA V i c t-lz -Ave =::9n C I eph-r- P tines and csshiooi - �:u 583'1 AUI ftA St co st& mesa Laft. -wr-wum Oak= arftarson f; f -a, SSTA t Mr. Woodland Ril IS Mrs. m w-seligor1l, W Mrs q4 19on. Via Lilo s mC 'N Verde, krc44k 3544 brtntc-n A,-c Ve n 436r wnteith.Drtve. Inr 43 '11-h-rland, 245.5 to tt� s nreles 27 A ,. T, T ai w3377 to, Ilia LA O, Re- 34L I Owl- Al. S ' �fiek A Mrs. Ma I.* Vadswor � Hoff* *-d Owom rhp M-1 wun €. -r (4 eel P, Lot ��Ck R. t Lor 4, _-Rock 434, C C t i nnv—� bird. 3 544 -I_kgnton A--"--- - - ' #p&. k * --Ap. 0 Orlrb�l '..rnla rV.74ew, C41i-fornla Jr. i�,. ray Drive. r, 406pirb rs Mat VAmWkrdbrook Road j Altat"ol,'Mal if, :hr4m Loa Anploa 19 421) CUSTOM HOMES BAY FRONT PROPERTIES LEE SCHONFK - Realtor 2,1, Tj)� f, 121, opl, OR 33$pls DATE TIME WHILE YOU WERE OUT OF X—L• PHONE NO. ❑ Telephoned Please call ❑ Called to see you ❑ Will call again ❑ Wants to see you ❑ Returned your call Message -j ri CITY OF NEWPORT BEACH f1. CITY ATTORNEY DEPARTMENT G` December 5, 1962 r, To: City Clerk 1 .1 1 From: City Attorney Subject: Sale of City -owned property Forwarded is a resolution which, if adopted by the City Council, will authorize the sale of Parcels A and B, being the southerly portion of Lot 11, Block 53, River Section, and Lot 4, Block 434, Canal Section, respectively. This resolution sets the date for submission of bids and the opening and announcement of bids as January 28, 1963, and designates the approximate value of Parcel A as $13,500 and Parcel B as $27,500. Walter W. Cha WWC:mec City Attorney Encs. cc - City Manager Public Works Director Finance Director THSamec 11/30/62 RESOLUTION NO. " 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 parcels of City - owned real property are surplus property and there is no present or prospective need for it. PARCEL A A portion of Lot 11, Block 53, River Section, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 4.page 25 of Miscellaneous Maps, in the office of the county recorder of said county, described as follows- Beginning at the southeasterly corner of said Lot 11; thence westerly along the southwesterly line of said lot to the southwesterly corner of said lot, thence northeasterly along the northwesterly line of said lot a distance of 91.95 feet; thence easterly on a direct line to a point of intersection with the southeasterly line of said Lot 11, said point of intersection-being northeasterly of and distant 95 feet from the south- easterly corner of said Lot 11; thence southwesterly along said southeasterly line a distance of 95 feet to the point of beginning,. EXCEPTING therefrom the southwesterly 15 feet of the above described property. PARCEL B All that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows.- Lot 4 in Block 434 of Canal Section, Newport Beach, as shown on a Map recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California. Said Parcel A is shown on the map dated 3- 31 -61, revised 11 -62, designated drawing No. R/W 5017 -L, attached hereto and • • r � i marked Exhibit "A ". Persons interested in purchasing Parcel A should note that neither the sewer line nor the water line extends to this parcel. The approximate location of the sewer and water lines is shown on Exhibit "All. Said Parcel B is shown on the map dated 3- 31 -61, revised 11 -62, designated drawing No. R/W 5018 -L, attached hereto and marked Exhibit "B ". on each of said parcels 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 values of the parcels are as follows- Parcel A, $13,500; and Parcel B, $27,500, Each bid must be sealed and submitted to the City Clerk by 7.30 P M., on February 2.5, 1963. Each bid must be unconditional and must adequately identify the land described herein for which it is submitted by parcel or other- wise 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 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 thirty (30) days pay the amount of his bid that was accepted by the City. If qualified 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 pur- chase 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. 2, • • 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 3030 Po M. on :'ebrxary 25, 1963, 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. Eacb person who has submitted a qualified sealed bid in an amount of not less than 75% of the ap- proximate value hereinabove assigned accompanied by a cash deposit or check as required may make oral bids on the land for which he has submitted a sealed bid, 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 on the parcel on which such person wishes to bid: To be considered, the first oral bid must exceed the highest sealed bid by ten per cent (10%) of the amount of such high sealed bid, 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 written application the City Council may permit a deposit submitted on one parcel to apply to another parcel for the purpose of qualifying oral bidders after the parcel for which such deposit was made is declared sold, 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 5o Deed u. Title Insurance - Internal Revenue StaEpso Upon completion of the sale and payment of the amount of 30 0 0 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 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 ao 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 parcel or parcels of property being offered for sale, the date, place and time the bids will be received and opened and the fact that additional informa- tion may be obtained from the City Clerk °s office. The notice shall be published four times and copies of the notice and resolu- tion 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 (590) 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. 4, (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 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 1/2 %) of the amount of such bid as com- mission. (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. ADOPTED this 10th day of December, 1962. Mayor ATTEST: ate. City C er t 5. m Z h 50.00' • i 312 TQACT A VE. SUPEQIOa fOUQ C-ASE 23GB6 QIVEQ,....(SOU7N LINE) o IO.49, F 8.. 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