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Home My WebLink About7597 - Sale of Surplus PropertyRESOLUTION NO. 7597 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, AND RESCINDING RESOLUTION NO. 7561 WHEREAS, the City of Newport Beach has title to the real property hereinafter described; and WHEREAS, said property was acquired in connection with the widening of Balboa Boulevard between 32nd Street and 33rd Street in the City of Newport Beach, using State Gas Tax Funds allotted to the City and the Orange County Arterial Highway Financing Program; and WHEREAS, said property is not needed for street purposes and is considered to be salable excess right of way purchased with Gas.Tax Monies; and WHEREAS, the State of California Streets & Highways Code requires that salable excess right of way purchased with Gas Tax Monies be disposed of, with the proceeds being returned to the .appropriate Gas Tax Fund; and WHEREAS, it would be in the best interests of the City to sell said property under the following terms, procedures and conditions; NOW, THEREFORE, BE IT RESOLVED.that the City Council hereby FINDS, DETERMINES, RESOLVES AND ORDERS: SECTION 1. Surplus Property - Description The City -owned real property hereinafter described is surplus property and there is no present or prospective need for same: Parcel 1 in the City of Newport Beach, County of Orange, State of California, as shown on a Parcel Map recorded in Book 38, page 18 of Parcel Maps in the Office of the County Recorder of said County; -1- • SUBJECT TO: Covenants, conditions, restrictions, rights, rights -of -way and easements of record, if any. Said property is shown on a copy of the aforementioned parcel map, attached hereto and marked Exhibit "A ". SECTION 2. Zoning The subject property is presently zoned R -2, which allows in accordance with Chapter 20.44 of the Newport Beach Municipal Code: (a) Single family dwellings (b) Two detached single family dwellings or one duplex (c) Accessory uses normally incidental to single family dwellings or duplexes. This is not to be construed as permitting any commercial uses. SECTION 3. Topography - Improvements The subject property is level and slightly below street grade. Full street improvements including pavement, curbs and gutter and sidewalks are existing along the southwesterly side of the property. A 14.5 -foot wide concrete alley lies next to the northwesterly side and a 10 -foot wide concrete alley borders the northeasterly side of the property. There is a single family residence next to the remaining side. SECTION 4. Size - Location The subject property comprises a net of 2007.50 square feet (more or less) of land on the northeasterly side of Balboa Boulevard between 32nd Street and 33rd Street in the City of Newport Beach, California. The net frontage on Balboa Boulevard is 50.50 feet. SECTION 5. Sealed Bids - Deposit Said property is hereby offered for sale and bids therefor are invited, beginning Friday, January 14, 1972, under the procedure of sealed bidding and public auction as herein- after set forth. The minimum acceptable bid shall be $15,000.00. -2- Each bid must be on an official Bidder's Proposal Form and sub - .witted to the City of Newport Beach City Clerk, 3300 Newport Boulevard, Newport Beach, California 92660, by 2:30 P.M., Thursday, iFebruary 17, 1972. All bids shall be in a sealed envelope clearly marked: . °'SEALED BID PROPOSAL - SURPLUS PROPERTY - BALBOA BOULEVARD NEAR 32ND STREET." Each bid must be unconditional and without qualifications and be accompanied.by a deposit of cash or a certi- fied or cashier's check payable to the City equal to ten per cent (100%) of the amount bid. This deposit is to guarantee that if the City.accepts the sealed bid or an oral bid made at the auction (see Section 7) by a bidder, said bidder will complete the purchase within ninety (90) days in accordance with the bid that was accepted by the City and the terms of this resolution. if qualified sealed bids of equal.amounts are "submitted, the one received first by the City Clerk shall be considered the highest of such bids for all purposes. The deposit of the successful bidder shall be applied to the purchase price. Upon acceptance of the successful bid by the City Council, all other deposits shall be returned to the bidders. Failure of the successful bidder to complete the purchase as above required shall result in forfeiture of the deposit to the City. SECTION,6. Opening Bids The sealed bids shall be opened and publicly announced in the office of the City Clerk at 2:30 P.M., Thursday, February 17, 1972. SECTION 7. Public Auction After the opening of the bids on February 17, 1972, at 2:30 P.M., the Assistant City Manager, or his designated representative, shall announce the amount of the highest sealed • bid received and the name of the bidder, and shall then call for oral bids. Only those persons who have submitted a qualified sealed bid accompanied by a cash deposit or check as required may make oral bids. To be considered, the first oral bid must exceed the -3- highest sealed bid by $500.00. Additional oral bids must be in multiples of _.$250.00 to be acceptable. In conducting the sale, the Assistant City Manager, or his representative, may waive • informalities in bids as deemed necessary to obtain the highest price for the property. Upon receiving the highest bid obtainable from a qualified bidder, the Assistant City Manager, or his rep- resentative, shall declare the amount of the highest bid and the name of the bidder. The City Council at its February 28, 1972 meeting may then determine whether it wishes to accept or reject the high bid, or the Council may continue the sale until its next regular meeting. SECTION 8. Escrow - Terms The bidder to whom the property is sold must make full payment therefor to the City within ninety (90) days after the City Council approves the sale. Upon acceptance of the highest and best bid by the Newport Beach City Council, the City shall open an escrow with Security Pacific National Bank of Newport Beach and forthwith deposit into said escrow a properly signed grant deed conveying fee title to the property. A copy of the grant deed the City is to execute and deposit into escrow is attached hereto and designated as Exhibit "B ". On notice from the escrow agent that a title insurance company of buyer's choice is prepared to issue at buyer's expense a CLTA Standard Coverage title insurance policy with liability equal to the full purchase price showing title vested in the highest bidder, subject only to the exceptions shown in the preliminary title report, the bidder shall deposit intq the escrow the difference between the bid award price • and his cash or certified check bid deposit. SECTION 9. Real Estate. Commission - Closing Costs The buyer shall pay for all recording costs and the cost of real property transfer tax within ninety (90) days E t after the.date the City Council approves the sale. All bids will be on a NET NET NET basis and the City of Newport Beach assumes no responsibility to pay real • estate commissions, recording fees, deed transfer fees, escrow fees or cost of Policy of Title Insurance and these costs should be taken into consideration when submitting bids. SECTION 10. Inability to Convey If the property cannot legally be sold by the City, or the City is unable to convey marketable fee title within_a.reasonable time after the date of sale, the sale shall be void and deemed mutually cancelled, and any price paid or deposit made shall be refunded and no liability of the City shall exist or arise from such cancellation. SECTION 11. 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 12. Withdrawal from Sale The City Council reserves the right to reject any and all bids. SECTION 13. Notice of Sale - Publication The City Clerk shall prepare a notice of sale setting out the address or location, description, zone and approximate size of the property being offered for sale, the date, place and time the bids will be received and opened and the fact that additional information may be obtained from the Office of the Public Works Department. The notice shall be published once in • the official newspaper of the City, and copies of the notice and resolution shall be available in the office of the Public Works Department, and mailed by the Public Works Department upon request. -5- • SECTION 14. Official Bidder's Proposal Form All bids must be submitted on an official B'idder's Proposal Form available in the office of the Public Works Department_ Facsimile copies of the official form are not ac- ceptable. SECTION 15. Resolution No. 7561 is hereby rescinded. ADOPTED this 10th day of January , 1972. ATTEST: AVC Ci 'Clerk IFIED AS THE INAL .... ._. ...._... 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IUM1 L - -- - It > C S f?I f _a86 ed.. I} .8�' P .`d 130. I a = I 1.2. NI II 1 `9 I Ie I I I I i Is I I I1 . a .rtvt. .. a 11 f I ' I to- (� a Y t 1�;�1999 =e- \eft_ ^32 YD' STREET• ..- ' ;� Baow R va4[ Y � - 1 YO4M v -4 - P. M. 32. 4i R/ t EXHIBIT "A" CAS 07 V r IUIt TAX O,A,4tr[n To 1 NOTI il/I!I ct, a i111. L t TO 406 OA [7.661 s ?AC$ AIIOVS rr.!s Lltd-z orx r t —2 THIS FORM FURNISHED By TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE. CONSIDERATION, receipt of which is hereby acknowledged, CITY. OF NEWPORT BEACH, a municipal corporation XXo ILxY'k:`t organized under the laws of the state of California hereby GRANTS to D.T.T. the following described real property in the City of Newport Bea Ch County of Orange State of CaIi:ornia:' r Parcel 1 in the City O' Nalvrport BeaCa, Count-7 .0:: 'Orange, State of California, as shown on a 2arcel blap recorded in Book 38, page 18 of Parcel 'raps in the.office of the County Recorder of said County; SUBJECT TO. Covenants, conditions, restrictions, rights, rights -of -way and easements .. of record, if any; tdnicinal In Witness Whereof, sail corpornnoc has caused its corporate name and seal to be a.`sed ::c: eto and :..._ iastrt:- ment to be executed by it, MaV OK and City C;_erk thereunto duly authorized. ' Dated: CITY OF NET POR^ BEMC_: STATE. OF CALIFORNIA By By SS. COUNTY OF Orange On before me. Litt, ur!dtl By signed, a Notary Public in and for said State, personally appearcC Ci `' ez E. F. Hirth kro.n to me to Le III, Mayor 7.0 X%X%and . Laura LaSaC os known to re. to be CitysleL�_YL f/2y of Lite Corpora:ion that cse;:u:cd the within In.truntrni. known to me I,, hn the pr, rsn ne who exl l tits ` within In.truov:m t e It,half of the Corporation tLtsrin ew,ol. and ' ackn„ndcd� :J to ..... rt eurh Corporation cxecutrd flit: within In.tnt nt pu truant to XX: :CY ;l ;Ca re.olution of City Council LTNCSa my hand and n'.Gcial seal. ., Signature :Name (Typed or Printed) ITI�n •I'.] I.[Y J^1.'IJt nVt[f!vl w:111 or f.nnn No r MA!L TAX STATEMEKTS AS DInECTED AaOVE I