HomeMy WebLinkAbout1977-02-01; City Council; Resolution 40841
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RESOLUTION NO. 4084
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
DECLARING THAT CERTAIN PROPERTY,
HEREINAFTER DESCRIBED, IS NOT REQUIR-
ED 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
hereinafter particularly described, and
WHEREAS, said real property is not naw 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 llsurplusll, 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 December 22, 1976, the Planning Commission
of the City of Carlsbad 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
l'surplus'' and declares its intention to sell said property at
public auction to the highest bidder.
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4. That the City Council hereby declares that said
property is not capable of being used for park or recreational
development.
5. That the minimum price for which said property shall
be sold shall not be less that $25,000.00.
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:
That portion of Tract 119 of Carlsbad Lands, in the
City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 1661, filed
in the office of the County Recorder of San Diego
County, March 1, 1915, described as follows:
Beginning at the northeasterly corne6 of Tract 117
of said Map No. 1661: thence South 0 20'14" East
(Record South 0'52' East) along the westerly line
of said Tract 119 a distance of 342.92 feet (Record
344.80 feet) to the southwesterly corner of that
parcel of land conveyed to the City of Carlsbad by
deed recorded June 21, 1966 as file No. 101196 of
official records: thence North 56°05'36" East (Record
North 55O27' East) along the southeasterly line of
said City of Carlsbad land a distance of 417.08 feet
to the TRUE POINT OF BEGINNING: thence continuing
along said southeasterly line, North 56O05'36" East
(Record North 55O27' East) a distance of 58.36 feet to the northeasterly line of said City of Carlsbad
land; thence along said northeasterly line North 33O
59'51" West (Record North 34O33' West) a distance of
98.21 feet to a point on the southeasterly right of
way line of Elm Avenue, said point being also on the arc of a 1242.00 foot radius curve concave southeasterly a radial line to said point bears South 47O16'36" East:
thence southwesterly along said curve through a central
angle of 2°45'06" an arc distance of 59.65 feet: thence
leaving said southeasterly right of way line of Elm
Avenue, South 33°59'51'' East 85.82 feet to the TRUE
POINT OF BEGINNING. Said parcel containing 5,354
square feet.
7. That said real property will be sold upon receipt
of sealed bids, which shall be opened at the time and place
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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 March 1, 1977, 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 March 1, 1977, at 7:30 p.m. at the time and place fixed
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 high-
est 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
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 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
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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 1st
day of March, 1977, 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
Bond or certified check in an amount not less that 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.
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
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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 law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council on the 1st day of February, 1977, by the follow-
ing vote, to wit:
AYES: Councilmen Frazee, Packard, Skotnicki and
NOES: Councilman Lewis Councilwoman Casler
ABSENT: None
ATTEST:
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