HomeMy WebLinkAbout7832 - Sale of Surplus Property•
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RESOLUTION NO. T 8 3 2
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 of Newport Beach holds title to the
real property in the City of Huntington Beach which was formerly
used for a water well site, hereinafter described; and
WHEREAS, it appears that the City has no present or
prospective need for said property; and
WHEREAS, no qualified public agency (including the State
of California, County of Orange, and City of Huntington Beach) has
offered to purchase the property at fair market value for park
and recreation purposes pursuant to the provisions of Sections
54222 and 54223 of the California Government Code; and
WHEREAS, proceeds from the sale of this property would
be placed in the City Capital Improvement Fund; and
WHEREAS, it would be in the best interest of the City
to sell said property under the following terms, procedures and
conditions;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach hereby FINDS, DETERMINES, RESOLVES AND
ORDERS -that:
SECTION 1. Size - Location. The subject property
comprises 4.7 gross acres (more or less) of land located on the
east side of Bushard Street, 170 feet (more or less) south of
Hamilton Avenue in the City of Huntington Beach, California. The
dimensions of the property to the Bushard Street centerline are
495 feet east -west by 440 feet north - south. Said property is
shown on the map dated December 16, 1971, designated Drawing
No. M- 5146 -L, attached hereto, marked Exhibit "A" and made a part
hereof by this reference.
SECTION 2. Surplus Property - Legal Description. The
property as hereinafter described is surplus, and there is no
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present or prospective need for same:
That portion of the north half of the northwest quarter
of the southeast quarter of Section 18, Township 6 South,
Range 10 West, in the Rancho Las Bolsas, City of Huntington
Beach, County of Orange, State of California, as per map
recorded in Book 51, page 14 of Miscellaneous Maps, in the
Office of the County Recorder of said County, described as
follows:
BEGINNING at the intersection of the west line of said
northwest quarter with the westerly prolongation of the north
line of the land conveyed by H. D. Meyer to the City of
Newport Beach by deed recorded August 7, 1923 in Book 481,
page 276 of Deeds of said Orange County; thence east 495.00
feet along said prolongation and said north line to the north-
east corner of said land; thence south 440.00 feet along the
east line of said land to the south line of said north half
of the northwest quarter of the southeast quarter; thence
west 495.00 feet along said south line to the west line of
said northwest quarter; thence north 440.00 feet along said
west line to the point of beginning.
Except from that portion thereof lying northerly of the
southerly 165.00 feet, that portion included within the County
road adjacent on the west, as said road existed on March 13,
1922.
Said land is shown on a map filed in Book 7, page 37 of
Record of Surveys, in the Office of the County Recorder of
said County.
SECTION 3: Statement of Title. Title Insurance and
Trust Company of Santa Ana, California reports that it is prepared
to issue, or cause to be issued, in the form of the California
Land Title Association Standard Coverage form of Policy of Title
Insurance, a policy of title insurance describing the land and the
estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception therein not
excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy form. There are no
known conditions that would measurably restrict or limit the
utility of subject land. A copy of said policy form, marked
Exhibit "B ", is attached hereto.
SECTION 4. Topography. The property is generally flat
and at an elevation of 6.72± feet.
SECTION 5. Soils. Soils data on the property was
prepared by the firm of Evans, Goffman & McCormick of Santa Ana as
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an aid to prospective bidders in establishing purchase price. The
work is that of the engineers„ and the City makes no warranty,
either express or implied, relative to the soils conditions and /or
drainage characteristics of the subject parcel.
SECTION 6. Zonis. The subject property is presently
zoned R -1 (Single Family Residence District). The City of Newport
Beach makes no representations as to use and development standards
which may apply to the property. Such information must be
obtained from the City of Huntington Beach.
SECTION 7. Sealed Bids. Said property is hereby
offered for sale, and bids therefor are invited, beginning Friday.
October 13, 1972, under the procedure of sealed bidding and
public auction as hereinafter set forth. The minimum acceptable
bid shall be $130,000.00. Each bid must be on an official Bidders
Proposal Form and submitted to the City of Newport Beach, City
Clerk, 3300 Newport Boulevard, Newport Beach, California 92660,
by 10:00 a.m., Friday, November 17, 1972. All bids shall be in a
sealed envelope clearly marked: "SEALED BID PROPOSAL - BUSHARD
AND HAMILTON PROPERTY - HUNTINGTON BEACH."
SECTION 8. Deposit. Each bid must be unconditional
and without qualifications, and be accompanied by a deposit of
cash or a certified or Cashier's check payable to the City of
Newport Beach, equal to ten percent (10°x) 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 10) by a 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 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, and will not be deposited into escrow. Upon acceptance
of the successful bid by the City Council, all other deposits
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shall be returned to the bidders. Failure of the successful bidder
to complete the purchase as above required shall result in for-
feiture of the deposit to the City.
SECTION 9. Opening Bids, The sealed bids shall be
opened and publicly announced in the Office of the City Clerk at
10 :00 a.m. Friday, November 17, 1972.
SECTION 10. Public Auction. At the regular City Council
meeting of Monday, November 27, 1972, at 7:30 p.m., the City Clerk
shall announce the amount of the highest sealed bid received and
the name of the bidder, and the City Manager shall then call for
oral bids. To be considered, the first oral bid must exceed the
highest sealed bid by $5,000.00. Additional oral bids must be in
multiples of $1,000.00 to be acceptable. To be qualified to
participate in the public auction, a bidder must have submitted a
valid sealed bid, together with the necessary deposit.
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.
SECTION 11. Sale Award. Upon receiving the highest
bid obtainable from a qualified bidder, the City Manager shall
declare the amount of the highest bid and the name of the bidder.
The city Council 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 12. Escrow - 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.
Upon acceptance of the highest and best bid by the Newport Beach
City Council, the City shall open an escrow with the Bank of
Newport and forthwith deposit into said escrow a properly executed
Grant Deed conveying fee title to the property.
SECTION 13. Title Insurance. On notice from Title
Insurance and Trust Company that it is prepared to issue at Buyer's
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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 into the
escrow the difference between the bid award price and his cash
or certified check bid deposit.
SECTION 14. Real Estate Commissions - Closing Costs
The buyer shall pay for all recording costs and real property
transfer taxes within thirty (30) days 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; these costs
should be taken into consideration when submitting bids.
SECTION 15. Real Property Taxes. Although owned by
the City of Newport Beach, a municipal corporation, this property
is not exempt from real property taxes. Said taxes will be
prorated between buyer and seller to the date of opening of
escrow.
SECTION 16. 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 by buyer shall be refunded and
no liability of the City shall exist or arise from such cancella-
tion.
SECTION 17. 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 or
interest therein which is sold or offered for sale.
SECTION 18. Withdrawal from Sale. The City Council
reserves the right to reject any and all bids.
SECTION 19. Notice of Sale - Publication. The City
Clerk shall prepare a notice of sale setting out the address or
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location, description, zone and approximate size of the property
being offered for sale, the date, place and time the bids will
be received and opened and the fact that additional information
may be obtained from the City Clerk's office. The notice shall
be published once in the official newspaper of the City, and
copies of the notice and resolution shall be made available for
inspection in the City Clerk's office.
SECTION 20. Official Bidders Proposal Form. All bids
must be submitted on an official Bidders Proposal Form available
for purchase in the City Clerk's office for $10.00. Facsimile
copies of the official form are not acceptable.
ADOPTED this 10th day of October , 1972.
ATTEST:
City Clerk
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9/28/72
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPERTY FOR %S.4L E
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DRAWN .Y.4SV7 dF0r DATE /4 arc. r/
MJPROVE Y .
A a ,
ASST. ClrY MANAGER
DRAWING NO.
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TO 1013 FC (5 -72)
California Land Title Association
Standard Coverage Policy Form
Copyright 1963
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ISSUED BY
Title Insurance and Trust Company
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Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable
consideration paid for this policy, the number, the effective date, and amount of which are shown in
Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal
representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation,
against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys'
fees and expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of
t. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the
land described or referred to in Schedule C, existing at the date hereof, not shown or referred to
in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability of such title; or
3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the
owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the
Jim or charge of said mortgage upon the estate or interest referred to in this policy; or
9. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred
to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage
being shown in Schedule B in the order of its priority;
all subject, how vet`to thelp,rovNIARI,of Schedules A, B and C and to the Conditions and Stipulations
hereto annexed.
In Witness Whereof, Title Insurance and Trust Company has caused its
corporate name and seal to be hereunto affixed by its duly authorized officers
on the date shown in Schedule A.
Title Insurance and Trust Company
by
Arrest
qSECRETARY
TO 10131 AB
S0Ccaeraps Pdhy81..
SCHEDULE A
$ 545.00
Amount $175..000.00 OCTOBER 9a 1972 AT 8.00 A.M. PoWzy. No. 505859
CITY OF NEWPORT BEACHo A MUNICIPAL CORPORATION.
1. Mtle to the estate or inUreft wmsi by, WH cy at tae date hawf is vested in:
• CITY OF NEWPORT BF_ACtip A MUNICIPAL CORPORATION.
�:Erwi'111 11 1111 Lw .S? :f a! 41:l
Ibis po&7 does am ' mom agmbmt H= cy &n, s by ma-°m ag &o &%wkSs
PAMT R
To 1012- 15C.1.0
Cvlifa•nia land TIN. Ae•.el.N.n
Sm.d.•d Care•.ae F.II.v-19E3
S C H E D U L R B— ((:ontinuedt
PART II
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1972 -1973,, A LIEN
NOT YET PAYABLE-.
2 THE USE AND CONTROL OF CIENFGAS AND NATURAL STREAMS OF WATER,, IF ANY,,
NATURALLY UPON,, FLOWING ACROSS, INTO OR BY SAID LAND,, AND THE RIGHT
OF l-IAY FOR AND TO CONSTRUCT IRRIGATION OR DRAINAGE DITCHES THROUGH
SAID LAP;n TO I^nIGATE 0^ DPAI "i THE ADJACFNT LAND, AS RESERVED IN THE
• DEED RECORDED IN BOOK. 30, PAGE 220,, DEEDS.
3. AN EASEMENT FOR ROADS, RAYLROADS AND DITCHES AS RESERVED IN THE
INSTRUlIEUT A^OVE MENTIONED, OVER THE WEST 20 FEET OF SAID LAND.
' Arrorieanr land rflfle �Mwcl�on loan Paley -1970
With ALTA Enddrsement - Farm 1 Ca.era9a.
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A.dran land TNIe A ... tartan Owner's Polley
Form &1970
or
Callornla land THIS Assaelation
Standard Coverage Pollry 1963
SCHEDULE C
The land referred to in this policy is described as follows:
THAT POP.TIOW OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTH-
EAST QUARTER. OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 10 WEST, IN THE
RANCHO LAS BOLSAS, CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 14, OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED
IFAS FOLLO4!S
KFAINHIP(* AT THE INTF.RSFCTION OF THE WFST LINF OF SAID NORTHWEST
QUARTER 7ITH TPF. WZSTERLY PROLONGATION OF THE NORTH LINE OF THE
. LAND CONVEYED BY H. D. MEYER TO THE CITY OF NEWPORT BEACH BY DEED
RECORDED AUGUST 7, 19230 IN BOOK 431, PAGE 276, OF DEEDS OF SAID ORANGE
COUNTY; THENCE EAST 495.00 FEET ALONG SAID PROLONGATION! AND SAID NORTH
LINE. TO THE NORTHEAST CORNER, OF SAID LAND; THENCE SOUTH 440.00 FEET
ALONG THE EAST LINE OF SAID LAND TO THE SOUTH LINE OF SAID NORTH HALF
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST 495.00
FEET ALONG SAID SOUTH LINE TO THE !NEST LINE OF SAID NORTHWEST QUARTER;
THENCE NORTH 440.00 FEET ALONG, SAID WEST LINE TO THE POINT OF BEGINNING.
EXCEPT FROM THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY
165.00 FEET, THAT PORTION INCLUDED WITHIN THE COUNTY ROAD ADJACENT ON
THE WEST, AS SAID ROAD EXISTED ON MARCH 13, 1922.
SAID LAND I5 SHOWN ON A MAP FILED IN BOOK. 7, PAGE 37, OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY.
CLTA 107.8 (4- 10 -89)
(6.71)
ALTA OR STANDARD COVERAGE
INDORSEMENT
ATTACHED TO POLICY NO. S 0 S 8 S 9
ISSUED BY
Title Insurance and Trust Company
The following exclusion from coverage under this policy is added to paragraph 3 of the
Conditions and Stipulations:
"Consumer credit protection, truth in lending or similar law."
The total liability of the Company under said policy and any indorsements therein shall not
exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay.
This indorsement is made a part of said policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof.
G" a °�''�'..��'- �•���� "T <�° C'
JrJ TE Is GVa \`C'
Title Insurance and Trust Company
By OA
P
SECRETARY
0-1 TO 23eyO
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This Is not a survey of the land but is compiled for
Title Insurance and Trust Company from data shown by
0070 1-424 496
,rmation by the
official records.
FORM 159
RESOURCES AGENCY OF CALIFORNIA
DEPARTMENT OF CONSERVATION
DIVISION OF OIL AND GAS
830 North La BreaIn-�lewood 90302_ - ____California
October 3. 1972
Mr.__T__
PACIFIC SUPaI K_�QQP�$�=y�,_
3225 Ocean Blvd �-
�orona del Mar,f,A 92fa25
DEAR SIR:
Your report of abandonment of Well No ..... __ICity__oL 11 e�p9rt'!_1_(Q�g�gg�z8�_,
Sec-1$ —, T._ -- 6B - - -, R.- 19SoL.__, -3-IL-B. & M.,
_____grange____ —___— ___County, dated- ... S_ept._27_ ---- 1972, received ---
has been examined in conjunction with records filed in this office.
A review of the reports and records shows that the requirements of this Division,
which are based on all information filed with it have been fulfilled.
ADS:rk
cc Headquarters
Production Dept.
Conservation Comai®
Orange Co. Dept of Bldg S, Safety
Dept of oilfield Control
JOHN F. MATTHEWS, JR.
BLANKET BOND Sege® 091 aer$ GW S
��amam 0n2 aR ear