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HomeMy WebLinkAbout1974-04-16; City Council; Resolution 34031 2 3 4 5 6 7 8 9 10 11 12 13 a 14 20 21 22 23 24 25 26 27 28 29 30 31 32 k 0 RESOLUTION NO. 3403 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 here inafter particularly described, which parcel was originally ob- tained as a part of the City Water System; and WHEREAS, said real property is not now needed for public use and is not capable of being used for park or recreational development; and WHEREAS, the Director of Public Works has recommended that said parcel be declared "surplus"; 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 March 15, 1974, the Planning Commission of the County of San Diego did determine that the location, purpose and extent of said real property disposition is in conformity with the adopted General Plan; 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 property is not capable of being used for park or recreational development. 1 2 4 u 4 5 6 7 E E 1c 11 12 1: 14 B tu t 2c 21 22 2: 24 2: 2f 27 2E 2s 3c 31 32 u be sold City of bounded 5. That the minimum price for which said property shall shall be not less than $11,600,00, 6. That the real property to be sold is situated in the Carlsbad, County of San Diego, State of California, and described as follows: PARCEL 10: That part of that portion of Lot 4 (West Quarter of Northwest Quarter) of Section 6, Township 11 South, Range 3 West, San Bernardino Base and Meridian, according to United States Government Survey ap- proved December 14, 1885, described as follows: Beginning at a point 22 chains North of the Quarter corner between Section 1 and 6 on the Range line between Township 11 South, Range 3 and 4 West, San Bernardino Meridian; thence on a true meridian South 62' East 3.60 chains; thence along the County Road North 48' East 5 chains; thence along County Road North 42-1/2' East 3 chains: thence along County Road North 52-1/2' East 5 chains; thence North 43' East 11 chains; thence North 50-1/2' East 0.80 chains to the intersection of North boundary of Lot 4, Section 6, Township 11 South, Range 3 West, San Bernardino Meridian, and 2.27 chains West of the Northeast corner of said Lot 4; thence North 1.20 chains to South and Easterly edge of San Luis Rey giver; thence South 64'12' West along said South and Easterly edge of San Luis Rey River, 23.33 chains to intersection of the West boundary of Lot 4, Sec- tion 6, Township 11 South, Range 3 West; thence South 6.50 chains to point of beginning. EXCEPTING from the above described property a Deed dated March 12, 1952 in Book 4400, page 491 of Official Records, executed by Carlsbad Mutual Water Company, a corporation, to State of California, covering the following described property: That part of that portion of Lot 4 (West Quarter of Northwest Quarter) of Section 6, Township 11 South, Range 3 West, San Bernardino Base and Meridian, according to United States Government Survey approved December 14, 1885, described as follows: Beginning at a point 22 chains North of the Quarter corner between Section 1 and 6 on the Range line between Township 11 South, Range 3 and 4 West, San Bernardino Meridian; thence on a true meridian South 62' East 3.60 chains; thence along the County Road North 48' East 5 chains; thence along County Road North 42-1/2' East 3 chains; thence along County Road North 52-1/2' East 5 chains; thence North 43' East 11 chains; thence North 50-1/2' East 0.80 chains to the intersection of North boundary of Lot 4, Section 6, Township 11 South, Range 3 West, San Bernardino Meridian and 2.27 chains West of the North- east corner of said Lot 4; thence North 1.20 chains to South and Easterly edge of San Luis Rey River; thence South 64'12' West along said South and Easterly edge of San Luis Rey River 23.33 chains to intersection of the West boundary of Lot 4, Section 6, 2. 1 2 7 G 4 6 U E 7 E s 1c 11 1.2 1: 2c 21 22 2: 24 25 26 27 2E 29 3c 31 32 t u Township 11 South, Range 3 West; thence South 6,50 chains to point of beginning; that part thereof hereby conveyed being more particularly described as lying Southerly of the following described line; Commencing at a point on the West line of said Sec- tion 6, distant thereon North 0°02'10g' West 1613.89 feet from a 2-inch capped iron pipe set for the West Quarter corner of said Section 6; said point also being distant along said West line South O0O2'10'' East 1036.34 feet from a 2-inch iron pipe in a fence corner, set for the Northwest corner of said Sec- tion 6, said point of commencement also being distant along said West line North 0°02v10" West 50,61 feet from Engineer's Station 454 plus 83,66 P.O.C. on the center line of the Department of Public Works Survey, made in 1951 between Oceanside and Bonsall Bridge Road XI-SD-195-A; thence leaving said West line along a line parallel with and distant 50 feet Northwesterly at right angles from the center line of said Depart- ment of Public Works Survey from a tangent which bears Morth 80O50'13" East along a curve to the left with a radius of 950 feet through an angle of 26' 39'53" a distance of 442.11 feet; thence North 54' 10'20" East 1280.89 feet; thence along a tangent curve to the left with a radius of 2950 feet through an angle of 5'00'22" a distance of 257.75 feet to a point on the North line of said Section 6, said point being on the Township line between Township 10 and 11, South, Range 3 West, San Bernardino Base and Meridian, distant along said Township line North 88'34'39" East 1646.61 feet from said 2-inch iron pipe in fence corner set for the Northwest corner of said Section 6, said point also being distant along said Township line South 88O34'39" West 1396.76 feet from a one- inch iron pin set for the North Quarter corner of said Section 6, said point being also distant along said Township line South 88'34'39" West 77.81 feet from Engineer's Station 475 plus 60.21 P.O.C. on the center line of said Department of Public Works Survey. Containing 4.26 acres, more or less, in addition to that portion thereof lying within the right-of-way of the County Road known as the San Luis Rey Road No. 2, according to Map thereof filed in the office of the County Recorder of San Diego County. 7. That said real property will be sold upon receipt of sealed bids, which shall be opened at the time and place hereinafter set forth. Said bids must be in writing, sealed and delivered to the City Clerk before the hour of 7:30 p.m. on or before May 21, 1974, the time and date hereinafter set for the opening thereof, Said bids must be in writing, 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 May 21, 1974, at 7:30 p.m. at the time and.place fixed 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 20 21 22 23 24 25 26 27 28 29 30 31 32 E 0 e in the resolution for the meeting of the Council of the City of Carlsbad, all sealed proposals which have been received shall be opened, examined and declared by the Council in public session. Of the proposals submitted, which conform to all terms and condi- tions specified in the Resolution of Intention to Sell and which are made by responsible bidders, the proposal which is the highest shall be finally accepted, unless a higher oral bid is accepted or the Council rejects all bids. Before accepting any written proposal, the Council shall call for oral bids. If, upon the call for oral bidding, any re- sponsible 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 byaresponsible person, such highest oral bid shall be finally accepted unless the Council rejects all bids. The City Council at the session, if it deems such action 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 meeting 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 21st day of May, 1974, in the Council Chambers of the City Hall, 1200 Elm Avenue, Carlsbad, California, at the hour of 7:30 p.m- 9. That at the time prior to final action any person interested may protest the proposed sale. The protest may be 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's 4. Bond or certified check in an amount not less than ten percent of the total amount of the bid. 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,and subject to a re- tention by the City of water rights. The bid submitted shall be for the purchase price, payable in cash or cashier's check to the City within ten days 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 within the City of Carlsbad in accord with the law. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 16th day of April , 1974, by the follow- ing vote, to wit: AYES: Councilmen .Frazee, Chase, McComas and Lewis NOES: None ABSENT: None h Ped&..&/ ROBERT C. FRAZEW Mayor ATTEST: 5.