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HomeMy WebLinkAbout1974-03-06; City Council; Resolution 33701 2 3 4 5 6 7 e 9 1c 11 12 1: D 14 a- >" k 2( 2: 2: 2: 21 2! 2( 2' 2; 2' 31 3: 3 0 RESOLUTION NO. 3370 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THAT CERTAIN PROPERTY, HEREINAFTER DESCRIBED, IS NOT REQUIRED FOR PUBLIC USE AND DECLARING ITS INTENTION TO SELL SAID REAL PROPERTY AT PUBLIC AUCTION. WHEREAS, the City of Carlsbad is the owner of a parcel of real property located on Basswood Street in the City of Carlsbai and hereinafter more particularly described; and WHEREAS, said parcel is not capable of park or recrea- tional development; and WHEREAS, the City Manager has recommended that said parcel be declared "surplus" because it is not needed for any public use or purpose; and WHEREAS, it appears to be in the best interests of the City to sell said real property at public auction to the highest bidder; and WHEREAS, on June 12, 1973 the Planning Commission of the City of Carlsbad by Resolution No. that the location, purpose and. extent of the disposition of said parcel is in conformity with the adopted General Plan; 911 did determine I. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby finds that the public interest and convenience necessitates the sale of the hereinafter described real property. 3. That the City Council hereby declares said property "surplus" and declares its intention to sell said property at public auction to the highest bidder. 4. That the City Council hereby declares that said prop- erty is not capable of park or recreational development. 5. That the minimum price for which said property shall 1 2 3 4 5 6 7 8 9 10 11 12 13 D 14 20 21 22 23 24 25 26 27 28 29 30 31 32 k V be sold shall be not less than $10,000.00. 6. That the real property to be sold is situated in the City of Carlsbad, County of San Diego, State of California, bounded and described as follows: The Southwesterly 60.69 feet (measured along the Southeasterly 1ine)of the following described property: That portion of Tract 123 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, on file in the Office of the County Recorder of said County, and that portion of Basswood Avenue as per Map thereof No. 1681 of Thum Lands, on file in the office of the County Recorder of San Diego County, more particularly described as follows: Beginning at a concrete monument marking the intersection of the center line of Basswood Avenue and Valley Street, as shown on said Map No. 1681, running thence South 50°07'20" West (record South 50°05'20" West) along the center line of Basswood Avenue, a dis- tance of 517.77 feet to a point; thence North 31O13'20" West a distance of 265.71 feet; thence North 57O21'13" East 500.58 feet to a point in the center line of Valley Street that bears North 34°31'50" West 200.46 feet from the point of be- ginning; thence along the said center line South 34°31'50" East 200.46 feet to the point of begin- ning. EXCEPTING the Southeasterly 30.00 feet of the prop- erty herein described, said Southeasterly 30.00 feet being included within Basswood Avenue, as herein re- ferred to. 7. That said real property will be sold upon receipt of sealed bids, which shall be opened at the time and place herein- after set forth. Said bids must be in writing, sealed and de- livered to the City Clerk before the hour of 7:30 o'clock p.m. on April, 16, 1974 , the date hereinafter set for the opening thereof. Said bids must be clearly marked on the outside thereof that they are sealed bids for the purchase of real property, and state the date of the opening thereof. On April 16, 1974 , at 7:30 p.m., at the place fixed in the resolution for the meeting of the Council of the Ci-y of Carlsbad all sealed proposals which have been received shall be opened, examined and declared by the Council in public session. 2. 2( 2: 2: 2: 21 2! 2( 2' 21 2! 3( 3: 3; c - u Of the proposals tions specified submitted, which conform to n this Resolution of Intent all terms and on to Sell an are made by responsible bidders, the proposal which is the est shall be finally accepted, unless a higher oral bid is cepted or the Council rejects all bids. Before accepting any written proposal, the Council condi- which high- ac- shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to purchase the property upon the terms and conditions specified in the resolution, for a price exceeding by at least five percent the highest written proposal which is made by a responsible person, such highest oral bid shall be finally accepted. The City Council at the session, if it deems such actLon to be for the best public interest, may reject any and all bids, either written or oral, and withdraw the property from sale or waive any informality in the sale. The final acceptance by the Council may be made either at the same session or at any adjourned session of the same meet- ing held within the ten days next following. 8. That the time and place fixed for the opening of sealed bids to sell the above described real property is the 16th day of April , 1974 , in the Council Chambers of the City Hall, 1200 Elm Avenue, Carlsbad, California, at the hour of 7:30 o'clock p.m. 9. That at the time prior to final action any person The protest may be interested may protest the proposed sale. written and delivered to the City Clerk or orally at the meeting considering the resolution. The City Council shall hear and pass upon the protest. 10. That each sealed bid must be accompanied by a Bidder' Bond or certified check in an amount not less than ten percent of the total amount of the bid. 3. 1: 11 2c 21 22 2: 24 25 26 27 28 29 30 31 32 t V 11. That the City will execute a grant deed to the prop- erty, subject to conditions, restrictions, reservations, ease- ments, and rights-of-way of record, if any. The bid submitted shall be for the purchase price, payable in cash or cashier's check to the City within twenty-four hours of the acceptance of the bid proposal, and shall be payable at the office of the City Clerk. Bidders shall solely assume all costs related to the transaction, including escrow fees, if escrow is wanted. The City shall secure a policy of title insurance, which shall be at the City's sole expense. 12. The City Clerk is hereby authorized and directed to post copies of this resolution in at least three conspicuous places upon the above-described real property for not less than ten days before the public auction, and to publish this resolution in the Carlsbad Journal, a newspaper published and circulated with the City of Carlsbad as required by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of , 1974 by the following vote, to wit: AYES : NOES : ABSENT : DAVID M. DUNNE, Mayor ATTEST : MARGARET E. ADAMS, City Clerk (SEAL) 4.