Loading...
HomeMy WebLinkAbout1977-02-01; City Council; Resolution 40841 2 z 4 E " E 7 E si 1c 11 1% 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -3- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -4- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: -5-