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HomeMy WebLinkAbout1978-04-04; City Council; Resolution 53651 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 RESOLUTTON NO. 5365 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF CAEGSBAD, CALIFORNIA, DECLARZNG THAT CERTAIN PROPERTY, HEREINAFTER DESCRIBED, IS NOT REQUIRED FOR PIJBLTC 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 partic:ularly described, which parcel was originally obtained 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 July 16, 1973, the Planning Commission of the City of Oceanside did determine that the location, purpose and extent of said real property disposition is in conformity with the adopted General Plan; NOW, THEFLEFORE, BE IT RESOLVED by the City Council of the City of Carlshad, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 2z 24 25 26 27 28 3. That the City Council hereby declares said property "surplus1' and declares fts intentios 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. 5. That the minimum price for which said property shall be 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, County of San Diego, State of California, bounded and described as follows: "A Portion of the East One Quarter of Section 24, Township 11 South, Range 5 West, San Diego County, San Bernardino Base and Meridian." It is further identified as Assessor's Parcel No. 149-07-28. 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 delivered to the City Clerk before the hour of 5:OO 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 the date of the opening thereof, On May 2, 1978, 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. -2- 1 2 3 4 5 6 7 a 9 10 11 12 12 14 15 16 17 lE! 19 20 21 22 23 24 25 26 27 28 Of the proposals submitted, which conform to all terms and condi- tions specified in the Resalution 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 responsible person offers to purchase the property upon the terms and condi- tions specified in the resolution, for a price exceeding by at least five percent (5%) 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 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 2nd day of May, 1978, in the Council Chambers of the City Hall, 1200 Elm Avenue, Carls:Dad, California, at the hour of 7:30 o'clock p.m. 9. That at the time prior to final action, any person interested na'y 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, The protest may be - 3- 1 2 3 4 5 6 7 E 9 1c 11 12 12 14 15 1E 17 1€ 1: 2c 21 2: 2: 24 2E 2€ 27 2€ 10. That 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. 11. That the City will execute a grant deed to the property, subject to conditions, restrictions, reservations, easements, 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 proposal, and shall be payable at the office of the City Clerk. Bidders shall solely assume all costs related to the trans- action, including escrow fees, if escrow is wanted. The City shall secure a policy of title insurance, which shall be at the City's solte 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 (10) days before the public auction, and to publish this resolution in the Carlshad Journal, a newspaper published and circulated within the Ci.ty of Carlsbad in accord with the law. PASSED, APPROVED AND ADOPTED at a regular meeting of the , 1978, by Apri 1 City Council on the 4th day of the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear and Councilwoman Cas1 er NOES : None ABSENT : None (SEAL 1 .,. i .