HomeMy WebLinkAbout1978-05-02; City Council; 5393-1; SALE OF WATER DEPARTMENT OWNED PROPERTY MESA DRIVE OCEANSIDEc CITY OF CARLSBAD
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AGENDA BILL NO. 5393 Supplement No. 1 Initial:
DATE : May 2, 1978
DEPARTMENT: City Manager
Subject :
Dept . Hd. -
C. Atty. \,)g
C. Mgr. 1
,-
SALE OF WATER DEPARTMENT OWNED PROPERTY
(Mesa Drive - Oceanside)
- Statement of the Matter
The City of Carlsbad has received bids for the sale of thq
Mesa Drive reservoir site. The City Council shall open all sealed proposals received, examine them and declare them in
public session. Of the proposals submitted, which conform
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. Each sealed bid must be accompanied by a Bidder's
Bond or certified check in an amount not less than ten percent
(10%) of the total amount of the bid.
If, upon the call for oral bidding, any responsible person off1
to purchase the property upon the terms and conditions specifi in the resolution, for a price exceeding by at least five perc
(5%) the highest written proposal which is made by a responsib
person, such highest oral bid shall be finally accepted unless
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, eit
written or oral, and withdraw the property from sale or waive
be made either at the same session or at any adjourned session the same meeting.held within the ten days next following.
to all terms and conditions specified in the Resolution of
informality of the sale, The final acceptance by the Council
Exhibit
Resolution No. Jf'3 &
Recommendation
Council may, as outlined in the Resolution of Intention, acceF
or reject all bids.
Council action
5-2-78 Resolution #5402 was adopted, authorizing sale of real pro1
to James R. Gerrard in the amount of $82,898.00.
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JXESOLUTION NO. - 5402
A RESOLUTIOX OF THE CITY COUlJCIL OF TIIE
CITY OF CkRLSBAD I CALIFORNIA l AUTKORI ZITJG
TIIE SALT: OF REAL PliOPERTY OF T9E CITY NOT
NEEDED FOR PUBLIC USE AS DESCRIBED IN
RESOLUTION NO. 5365, AFJD I-IEliI;IINAF??ER PIORZ
PARTICULARLY DESCRIBED, TO --
---l.ll-___-."-.I. JAMES R. - GERRAPTD 1_-. --.--
FOR TEE SUI4 OF $ 82,898,Oi) ____- i
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SUBJECT TO THE TEE??? AND COND1:TIONS 1IEREOF e
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WTIEREHS I the City Council duty adopted Resolution No. !
1 on April. 4, 1972 r declaring the real property, hereinafter
described-, is not needed by the City for public use, is not
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aiid declaring its intention -to sell the same; and I FQKERCPS, this Plannlng Conmissi.on of the City of Oceans:
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il c: 2 5 .? 5 1 VJitb .tl-le Geneiyai Plail; and
IBHERTXS, a public hearing to consider any pro-tests of .
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I I 1 was held on ?,lay 2, 197B, in -the Ciky Rail, 1200 Elm Auenrie,
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NOW, THEREP3RJ3, BE IT RZSOLVZD by the Ciky Councj.1 of
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j Citrr of Carlsbad, California, as follows:
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! for the highest; bid price received in the amount of I $82,89;
1 which sun is not. less than the minimum price designated in I
I liesolution No. 5365.
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3. That the real property to be sold by the City is s
,in the City of Oceanside, County of San Diego, State of Cal
more particularly described as follows:
"A Portion of the East One Quarter of Section 24,
Township 11. South, Ra-nge 5 West, San Diego County, San fSernl?,:-dino Base and !!esidian. "
It is further id-en'cfied as Assessor's Parcel
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NO. 143-07-28.
excep-kinq- a portion of said property as shown on Exhibit A,
attached hereto and made a part hereof, which shall be ret
by the City of Carlsbad.
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4. That the. F'ia.yor and City Clerk are authorized to ex
1 on behalf of the City, a Grant Deed for the above-described 1 13XQ13ertyf sub jec:-k 'LO conditions , restrictions I reservations
~ easenienks, rights of way of record, if any.
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cashi.er's check,. to the City, and shall- he payable at the c
~ of the City Clerk, i > L rL l.7 , G< >Q t. u
Bidders sh2l.l solely assume all costs related to I
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1 transaction, incl-uding escrow fees, if escrow j.s wanted. '1
City shali secu;re a policy of title insurance which shall 1
the City's sole expense.
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6. This 5~ile is snbject to the City's recordation of
minor subd-ivision map, separating the property to be retail
the City, from t:hat to be sold, The purchase price sha.11 lx
within io days of the recordation of said map.
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,, PASSED, APPROVET) HIE ADOPTED at a regular meeting of tl
. City Council on the 2nd day of May , 1978, by thc
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following vote, to wit:
AYES : Councilmen Pa.ckard, ,Skotnicki, Anear and
1.JOES 2 None
ABSENT : None
Councilwoman Casler
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{' ; -T- ((y'7.i. /i...& --- RONALD C . PRCKARD , Mayor
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t EXHIEIT A to RESOLUTION NO
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.. \Car/&ad/ Journal 0
Decreed A Legal Newspaper by the Superior Court of Son Diego County
3088 PI0 PIC0 AVENUE 0 P.O. BOX 248 0 CARLSBAD, CA 92008 0 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled mal
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulc
printed and published twice weekly in the City of Carlsbad, County of San Diego, State of Californic
which newspaper is published for the dissemination of local news and intelligence of a ge
character, and which newspaper at all times herein mentioned had and still has a bona fide subscr
list of paying subscribers, and which newspaper has been established, printed and published at re
intervals in .the said City of Carlsbad, County of San Diego, State of California, for a period exce
one year next preceding the date of publicat RESOLUTION NO. 5365 the notice hereinafter referred to; and thc
COUNCIL OF THE CITY OF notice of which the annexed is a printed cop)
DECLARING CARLSBAD, THAT CALIFORNIA CERTAiN been published in each regular and entire iss
PROPERTY, HEREINAFTER said newspaper and not in any supple DESCRIBED, IS NOT REQUIRED FOR PUBLIC USE AND DECLARING ITS thereof on the following dates, to-wit: INTENTION TO SELL SAID REAL PROPERTY AT PUBLIC AUCTION.
WHEREAS,the CityofCarlsbad is the
larly described, which parcel was orig- inally obtained as a part of the City Water System; and WHEREAS, said real property is not now needed for public use and. is not
ational development and WHEREAS, the Director of Public Works has recommended that said par- cel be declared “surplus”; and
bestinterestsoftheCitytosetisaid real Property at public auction to the high- est bidder; and
WHEREAS, on July 16, 1973, the Planning Commission of the City of Oceanside did determine that the loca- tion, Purpose and extent of said real Property disposition is in conformity with the adopted General Plan; NOW, THEREFORE, BE IT RE.
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 conve- nience necessitates the sale ofthe here-
Clam said property “surplus” and de- clares its intention to sell said property
4. That the City Council hereby de- ClareSthat said property is not capable
5. That the minimum price for which said Property shall he sold shall be not less than $56,500.00 cash. 6. That the real property to be sold is situated in the City of Oceanside, COuntyofSan Diego,StateofCalifornia, hoirnded and dmrrihed as follows:
A RESOLUTION OF THE CITY
owner of a parcel hereinaRer particu- Apri.1 . .19. ..................... 15
capable of being used for parkor recre- ................................. 15
WHEREAS, it appears to he in the ................................. 1‘
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SOLVED by the City Council of the City ................................. 1s
inafter described real property. I certify under penalty of perjury that the foregoing and correct. Executed at Carlsbad County of Sari
State of Ca!ifornia on
at public auction to the highest bidder. day of ?prl 1 7
of being used for park or recreational
development. Clerk of the
3. That the City Council hereby de- *he 19th
1 .i - /;i -. &<.‘/;A- /(,,/-< ~ J/(d:,{
...._ -..- ----~ ;,4 portion ofthe East One Quarter of section 24, Township 11 South. franle 5
.v,;L.t qar, nlcpo couni?.. San Be::.dr- din0 Base a4 .\iei-idlan. ' It IS further identified as \ssessor's Parcel No. 199.07-28. 7. Thatsaidrealpropertywill besold upon receipt ofsealed bids, which shall be opened at the time and place here inafter set forth. Said bids must be in writing, sealed and deliveredto thecity Clerk before the hour of 500 o'clock p.m. on or before April 28, 1978. 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 thedate ofthe open-
ing thereof. On May 2,1978, at 7:30 p.m. at the time
and place fixed in the resolution forthe meeting of the Council of the City of
Carlsbad, all sealed proposals which have been received shall be opened,
in public session. Of the proposals submitted, which conform to all terms and conditions specified in the Resolu- tion of Intention to Sell and which are made by responsible bidders, the pro- posal which is the highest shall be fi- nally accepted, unless a higher oral bid is accepted or the Council rejects all bids. Before accepting any written propos- al,theCounciIshallcall fororal bids. If, upon the call for oral bidding, any re- sponsible person offers to purchase the propertyupcn the termsandconditions specified in the resolution, for a price exceeding by at least five percent (5'72 the highest written proposal which IS made by a responsible person, such highest oral bid shall be finally ac- cepted 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 wth- draw 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 ofthe same meeting held within the ten days next following.
the opening of sealed bids to sell the above-described real property IS the 2nd day of May, 1978, in the Councll Chambers of the City Hall, 1200 Elm Avenue, Carlsbad, California, at the hour of 730 o'clock p.m. 9. That at the time prior to final ac- tion, 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 ac- companied by a Bidder's Bond or cer- tified check in an amount not less than ten percent(lW0) ofthe total amount of the bid. 11. That the City will execute a grant deed to the property, subject to condi- tions, 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 10 days of the acceptance of the bid pro- posal, and shall be payable at the office of the City Clerk. Bidders shall solely assume all costs related to the transaction, including es- crow fees, ifescrow is wanted. The City shall secure a policy of title insurance,
12. The City Clerk is hereby au- thorized and directed to post copies of this resolution in at least three con- spicuous places upon the above- described real property for not less than ten(l0) days before the public auc- tion, and to publish this resolution in the Carlsbad Journal, a newspaper published and circulated within the CityofCarlsbadiNaccordwith thelaw. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 4th day of April, 1978, by the following vote, to wit AYES: Councilmen Packard. Skot- nicki, Anear and Councilwoman Casler NOES: None ABSEIST None
examined and declared by the Council
8. That the time and place fixed for
which shall be at the City's sole ex.
pense.
RONALD C. PACKARD, Mayor MARGARET E. ADAYS, City Clerk (SEAL) CTW,T(d bnr'l rn .A""
,d '
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RESOLUTION NO. 5365
A RESOLUTIOIJ OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DECLARING THAT CERTAIN
PROPERTY, HEREINAFTER DESCRIBED, IS NOT RF;QUIRED
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
inafter particularly described, which parcel was originally
obtained as a part of the City Water System; and
WHEREAS, said real property is not now needed for pub1
and is not capable of being used for park or recreational
development: and
WHEREAS, the Director of Public Works has recommended
said parcel be declared "surplus"; and
WHEREAS, it appears to be in the best interests of the
to sell said real property at public auction to the highest
and
WHEREAS, on July 16, 1973, the Planning Commission of
City of Oceanside did determine khat the location, purpose
lextent of said real property disposition is in conformity w
adopted General Plan:
NOW, THEREFORE, BE IT RESOLVED by the City Council. of
City of Carl-sbad, 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 sf the herei
described real property.
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3. That the City Council hereby declares said propert
"surplus" and declares its intenti,oq to selJ, said property
public auction to the highest bidder.
4. That the City Council hereby declares that said pr
is not capable of being used for park or recreational devel
That the minimum price for which said property shz 5.
sold shall be not less than $56,500.00 cash.
6. That the real property to be sold is situated in t
City of Oceanside, County of San Diego, State of CaPiforniz
bounded and described as follows:
"A Portion of the East One Quarter of Section 24,
San Bernardino Base and Meridian. 'I
It is further identified as Assessor's Parcel No,
Township 11 South, Range 5 West, San Diego ~.ounty,
149--Q7-28.
7. That said real property will be sold upon receipt
sealed bids, which shall be opened at the time and place he
after set forth.
delivered to the City Clerk befare the hour of 5:OO Q'cloc3
on or before April 28, 1978, Said bids must be in writing,
clearly marked on the outside thereof that they are sealed
for the purchase of real property, and state the date of tk
opening thereof.
Said bids must be in writing, sealed and
!
On 14ay 2, 1978, at 7:30 p.~, at the time and place fii
the resolution for the meeting ef the Council of the City c I Carlsbad,, all sealed proposals which have been received shz 1 opened, examined and declared by the Council in public ses: I I - 2-
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Of the proposals submitted, which conform LO all terms and
tions specified in the Resolution of Intention to Sell and
are made by responsible bidders, the proposal which is the
shall be finally accepted, unless a higher oral bid is acce
the Council rejects all bids.
Before accepting any written proposal, the Council sha
for oral bids. If, upon the call for oral bidding, any res
person offers to purchase the property upon the terms and c
tions specified in the resolution, for a price exceeding by
least five percent (5%) the highest written proposal which
by a responsible person, such highest oral bid shall be fin
accepted unless the Council rejects all bids,
The City Council at the session, if it deems such acti
for the best public interest, may reject any and all bids,
written or oral, and withdraw the property from sale or wai
informality in the sale.
The final acceptance by the Council may be made either
same session or at any adjourned session of the same meetin
within the ten days next following, 1 8. That the time and place fixed for the opening of s
bids to sell the above-described real property is the 2nd d
I4ay, 1978, in the Council Chambers of the City Hall, 1200 E
Avenue, Carlsbad, California, at the hour of 7230 09clock -g
9. That at the time prior to final action, any ~ci’so~
interested may protest the proposed sale.
written and delivered to the City Clerk or orally at the me
The City Council shall hear an
The protest may
’ considering the resolution.
upon the protest.
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10. That each sealed bid must be accompanied by a Bid
Bond or certified check in an amount not less than ten pen
(10%) of the total amount of the bid.
11. That the City will execute a grant deed to the pi
subject to conditions, restrictions, reservations, easemenl
rights-of-way of record, if any,
The bid submitted shall be for the purchase price, pa]
cash or cashier’s check to the City within 10 days of the
acceptance of the bid proposal, and shall be payable at thc
of the City Clerk.
Bidders shall solely assume all costs related to the t
action, including escrow fees, if escrow is wanted, The Cj
shall secure a policy of title insurance, which shall be ai
City’s sole expense.
12. The City Clerk is hereby authorized and directed
copies of this resolution in at Peast three conspicuous pli
upon the above-described real property for not less than tc
days before the public auction, and to publish this resolul
in the Carlsbad Journal, a newspaper published and circulal
within the City of Carlsbad in accord with the law,
PASSED, APPROVED AND ADOPTED at a regular meeting of 4
City Council on the 4th day of April l 1971
the following vote, to wit:
AYES: Councilmen Packard, Skotnicki T Anear and
NOES : None
Councilwoman Cas1 er
None &LJ&/CHdA ABSEZU’T :
t//”/ L ?kONaLD C. PACKARD, Mayor
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Ci.ty Council,
City of GarlsSad, Cwlsbad, Ca, 92008,
Gent’Lenon:
In rdspcnse to and in accordance with Resolution 5365 of the City Council
of Carlsbad dated April h, 1978, we the following,bid for the property on
Mesa Drive, Oceanside described in said 3esolution*
Ve bid, in cash, the sum of $60,100,00 to be paid in accordmce with
conditions sot forth in Resolution $365.
A certified check in the amount of #6,013.00 is enclosed as bidder’s bond
as required, In the event our bid is not the successful bid ar not
accepted by the City Council the check is to be returned to us following
the City Council meeting on May 2, 1978. ??e intend to be present at the meeting on Hay 2 at 7:30 p.m.
Loma Ruden
Alton L. Ruden
Linda Kinney
David Kinney
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