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HomeMy WebLinkAbout5969 - Surplus Real PropertyWWC:mec 5/13/64 RESOLUTION NO. J-?69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS, AUTHORIZING ITS SALE AND SETTING OUT THE PROCEDURE FOR ITS SALE • WHEREAS, the City has title to the real property herein- after described; and WHEREAS, it appears that there is no present or prospec- tive need for said property and it would, therefore, be in the best interests of the City to sell the same under the following terms, procedure and conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds, determines, resolves and orders: Section 1. Surplus Property - Description. The City Council hereby finds and determines that the hereinafter described City -owned real property is surplus property and there is no present or prospective need for it. PARCEL H A portion of Lot 10, Subdivision of Block 227, Section "A ", Newport Beach, as shown on a map thereof, recorded in Book 4, page 36, of Miscellaneous Maps, records of Orange County, California, more particularly described as follows: Beginnin§ at the most northerly corner of said Lot 10; thence south 27 57' 27" east along the northeasterly line of said Lot 10, a distance of 22.98 feet to the beginning of a curve, concave westerly, having a radius of 502.00 feet; the point of intersection of the semi - tangents of said curve being the intersection of the northeasterly line of said Lot 10 with the easterly line of said lot; thence southeasterly along said curve, through an angle of 100 58' 31 ", a distance of 96.16 feet to a point 28.24 feet, measured at right angles, from the southwesterly prolongation of the center line of 28th Street (formerly 26th Street), calculated 48.48 feet in width, as shown on a map of Section "A ", Newport Beach, recorded in Book 4, page 21, of Miscellaneous Maps, records of said Orange County., a radial line to said 502.00 foot curve, from said point, bears south 730 01' 04" west; said point being also on a curve, concave northerly, having a radius of 420.00 feet; a radial line to said curve, from said point, bears North 13° 48' 00" west; thence southwest- erly along said 420.00 foot radius curve through an angle of 170 44' 35 ", a distance of 130.06 feet to the southwesterly line of said lot 10; thence north 190 42' 30" west along said southwesterly line of Lot 10, a distance of 68.59 feet to the westerly corner of said Lot 10; thence north 620 02' 33" east along the northwesterly line of said lot 118.56 feet to the point of beginning. Containing 12,014 square feet, more or less. Said Parcel H is shown on the map dated Dec. 4, 1962, designated JOB NO. 7859, attached hereto and marked Exhibit "A ". There will be reserved to the City of Newport Beach all • mineral rights including oil, gas and other hydrocarbons but not the right of surface entry. Section 2. Sealed Bids - Deposit. Said property is hereby offered for sale and bids therefor are invited under the procedure of sealed bidding and public auction as hereinafter set out. The City Council will consider bids in any amount for the sale of said property. However, it is the opinion of the City Council that the approximate value of the property is $78,500. Each bid must be sealed and submitted to the City Clerk by 7 :30 P. M. on June 22, 1964. Each bid must be unconditional 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 within thirty (30) days in accordance with the bid that was accepted by the City and the terms of this resolu- tion. 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 success- ful 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 June 22, 1964. The Mayor shall conduct the auction and shall announce the amount of the highest sealed bid and the name of the bidder and 2. shall then call for oral bids. Each 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. Before making an oral bid, any person who has not submitted a qualified sealed bid must submit a cash deposit or certified or cashier's check equal to fifteen per cent (15%) of the highest sealed bid. To be considered, the first oral bid must exceed the highest sealed bid by 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 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. Payment - Terms. The bidder to whom the property is sold must make full payment therefor to the City within thirty (30) days after the City Council approves the sale or make payment of one -third (1/3) of the amount within said 30- day period and give a note for the remainder payable in three (3) equal annual installments. Said note shall bear interest at the rate of six per cent (6%) on the unpaid balance and shall be secured by a first trust deed on the property showing the bene- ficiary as the City of Newport Beach. Section 5. 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 6. 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 3. 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 within thirty (30) days after the date the City Council approves the sale. Section 7. 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 8. 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 9. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the address or location, description, zone and approximate size of the property being offered for sale, the date, place and time the bids will be re- ceived and opened and the fact that additional information may be obtained from the City Clerk's office. The notice shall be pub- lished four times and copies of the notice and resolution shall be available in the City Clerk's office and mailed by the City Clerk upon request. Section 10. Commission. Payment of a maximum total com- mission of five per cent (S %) of the sales price shall be paid to . the real estate broker or brokers entitled thereto, if any, under the following conditions: 4. (a) The property must be actually sold and the sales price paid to the City in accordance with the terms hereof. • (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 -1/27.) 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 (151Q 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 25th day of May, 1964. mayor • AT EST: ( City Clerk i . 5. 0 .-, t , • 7 PARC'EG "L,/ " /2, 014 Sq FT. M 1 V � � 11 N` VnJ \ \ 0 C t o o /O 2i1`11b s 41m C \ 1g \a p' V a • 1 ye 1 .. SKETCH SHOWING A PORT /ON OF.,LOTS 6, 9, $ /O S'!/BD /lam /S- /ON BLOC/f 22 7, SECT /ON A" • NEdt�PORT BEACH iYE!'1/pORT BEACH, C.44lf: 136 ROCHESTER STREET DATE SCALE DEC. 4, 4962 1 /" = 40 OICICRICN GOyT CLEA.POIN9 1C . LAND LICENSE No. 2312 P. O. Box 117 I s = COSTA MESA, CALIF FIELD BOOK CALL. BOOK /06iT -4B 26 -/�2 JOB N®. EX-411817- "4 " N ^ \ v T• 65.556 azo.do, �I !S 73 °OI CA .$I I W 1 1 $II �ti o �i 8 biro ado " x-9762 D /p• /3.00• n 20. L, 28 10 10 ' y / PdRCEL I" W 9339Sq 9 / 1 .. SKETCH SHOWING A PORT /ON OF.,LOTS 6, 9, $ /O S'!/BD /lam /S- /ON BLOC/f 22 7, SECT /ON A" • NEdt�PORT BEACH iYE!'1/pORT BEACH, C.44lf: 136 ROCHESTER STREET DATE SCALE DEC. 4, 4962 1 /" = 40 OICICRICN GOyT CLEA.POIN9 1C . LAND LICENSE No. 2312 P. O. Box 117 I s = COSTA MESA, CALIF FIELD BOOK CALL. BOOK /06iT -4B 26 -/�2 JOB N®. EX-411817- "4 " z • • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) a9 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. 5969 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 25th day of May , 19 64 by the following vote, to wit: AYES, COUNCILMEN: Stoddard, Forgit, Cook, Gruber. Elder, Marshall, Parsons NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 26th day of 1964 City Clerk - and 'Ex- ffici Clerk of.the City Council, City of Ne porf- Beach, State of California.