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HomeMy WebLinkAbout5088 - Sale of Surplus PropertyWWC:mec 9/14/59 RESOLUTION NO. .09r 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 ieAi prbpert� herein a,ftar 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 The southwesterly 119.00 feet of the following described property: Lot 11, Block 50, River Section, in the City of New- port Beach, County of Orange, State of California. as per map, recorded in Miscellaneous Maps, Book 4, page 25, records of Orange County, California., and a portion of Section 29, Township 6 South, Range 10 West, of the San Bernardino Meridian, according to an official plat of said land filed in the District Land Office, August 4, 1890, and more particularly described as follows, to wit: Beginning at the westerly corner of said Lot 11; thence northeasterly along the northwesterly line of said Lot 11 and along the northeasterly pro- longation of the northwesterly line of said Lot 11 to an intersection with the line of Ordinary High Tide of the Pacific Ocean in Newport Bay designated as "SOUTH LINE ", in final decree entered August 22, 1928, in Superior Court action 23686, a certified copy thereof being recorded September 19, 1928, in • Book 201, page 253, official records of said Orange County; thence southeasterly along said "SOUTH LINE" to an intersection with the northeasterly • prolongation of the southeasterly line of the aforesaid Lot 11; thence southwesterly along said northeasterly prolongation and along the south- easterly line of said Lot 11 to the southerly corner of said Lot 11; thence northwesterly along the southwesterly line of said Lot 11 to the point of beginning. Excepting therefrom the southwesterly 15.00 feet of said Lot 11. PARCEL B Lot 11, Block 50, River Section, in the City of Newport Beach, County of Orange, State of California • as per map, recorded in Miscellaneous Maps, Book 4, page 25, records of Orange County, California, and a portion of Section 29, Township 6 South, Range 10 West, of the San Bernardino Meridian, according to an official plat of said land filed in the District Land Office, August 4, 1890, and more particularly described as fol- lows, to wit: Beginning at the westerly corner of said Lot 11; thence northeasterly along the northwesterly line of said Lot 11 and along the northeasterly pro- longation of the northwesterly line of said Lot 11 to an intersection with the line of Ordinary High Tide of the Pacific Ocean in Newport Bay designated as "SOUTH LINE ", in final decree entered August 22, 1928 in Superior Court action 23686, a certified copy thereof being recorded September 19, 1928, in Book 201, page 253, official records of said Orange County; thence southeasterly along said "SOUTH LINE" to an intersection with the northeasterly prolongation of the southeasterly line of the aforesaid Lot 11; thence southwesterly along said northeasterly prolongation and along the south- easterly line of said Lot 11 to the southerly corner of said Lot 11; thence northwesterly along the southwesterly line of said Lot 11 to the point of beginning. Excepting therefrom the southwesterly 119.00 feet of the above described property. PARCEL C The southwesterly 119.00 feet of the following described property: Lot 12, Block 50, River Section, in the City of Newport Beach, County of Orange, State of California. as per map, recorded in Miscellaneous Maps, Book 4, page 25, records of Orange County, California, and a. portion of Section 29, Township 6 South, Range 10 West, of the San Bernardino Meridian, according to an official plat of said land filed in the District Land Office, August 4, 1890, and more particularly described as follows, to wit: Beginning at the westerly corner of said Lot 12; thence northeasterly along the northwesterly line of said Lot 12 and the northeasterly prolongation of the northwesterly line of said Lot 12 to an intersection with the line of Ordinary High Tide of the Pacific Ocean in Newport Bay designated as "SOUTH . LINE ", in final decree entered August 22, 1928, in Superior Court action 23686, a. certified copy thereof being recorded September 19, 1928, in Book 201, page 253, official records of said Orange County; thence southeasterly along said "SOUTH LINE" to an inter- section with the northeasterly prolongation of the southeasterly line of the aforesaid Lot 12; thence southwesterly along said northeasterly prolongation and along the southeasterly line of said Lot 12 to the southerly corner of said Lot 12; thence northwesterly along the southwesterly line of said Lot 12 to the point of beginning. Excepting therefrom the southwesterly 15.00 feet of said Lot 12. 2. PARCEL D Lot 12, Block 50, River Section, in the City of Newport Beach, County of Orange, State of California. as per map, recorded in Miscellaneous Maps, Book 4, page • 25, records of Orange County, California, and a. portion of Section 29, Township 6 South, Range 10 West, of the San Bernardino Meridian, according to an official plat of • said land filed in the District Land Office, August 4, 1890, and more particularly described as follows, to wit: Beginning at the westerly corner of said Lot 12; thence northeasterly along the northwesterly line of said Lot 12 and the northeasterly prolongation of the northwesterly line of said Lot 12 to an intersection with the line of Ordinary High Tide of the Pacific Ocean in Newport Bay designated as "SOUTH LINE ", in final decree entered August 22, 1928, in Superior Court action 23686, a certified copy thereof being recorded September 19, 1928, in Book 201, page 253, official records of said Orange County; thence southeasterly along said "SOUTH LINE" to an intersection with the north- easterly prolongation of the southeasterly line of the aforesaid Lot 12; thence southwesterly along said northeasterly prolongation and along the southeasterly line of said Lot 12 to the southerly corner of said Lot 12; thence northwesterly along the southwesterly line of said Lot 12 to the point of beginning. Excepting therefrom the southwesterly 119.00 feet of the above described property. Said Parcels A, B, C and D are shown on the map dated August 14, 1959, attached hereto and marked Exhibit "A ". 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, 060- = ; Par A, ?Ybo Lo ; Parcel C;F 9000 — ; and • Parcel D ; 8 L SO Each bid must be sealed and submitted to the City Clerk by 7:30 P. M. on 0&j#At3 , 1959. Each bid must be unconditional and must adequately identify the land described herein for which it is submitted by parcel or otherwise and be accompanied by a. deposit of cash or a certified or cashier's check 3. 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 com- plete 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 pur- poses. 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 Oct k4,_t 3 , 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 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 tthis 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 4. 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 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 once a. week for three (3) successive weeks and copies of the notice and resolution shall be available in the City Clerk's office and mailed by the City Clerk upon request. 5. 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. Deed - Title Insurance - Internal Revenue Stamps. 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 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 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 once a. week for three (3) successive weeks and copies of the notice and resolution shall be available in the City Clerk's office and mailed by the City Clerk upon request. 5. o 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 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 (2YQ 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 14th day of September, 1959, by the following vote, to wit: AYES, COUNCILMEN:H_ NOES, COUNCILMEN: k-+w • 3 ti Z, Z'14�1 Ice 30 02, ------- ;tr 4 P- C17r OF N—� CAL • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) 0 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. 5088 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 14th day of September 1 19 59, by the following vote, to wit: AYES, COUNCILMEN: Kingsley, Atkinson, Higbie, Stoddard, Hart, Lorenz, Somers NOES, COUNCILMEN: None AB6aT, COUNCILMEN: None Dated this 15th day of September , 19 59. City Cle t si d Fix-Officio Clerk of Me City Council, City of Newport Beach, State of California.