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HomeMy WebLinkAboutReso 80-1984RESOLUTION NO~, 80-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO' STATE OF CALIFORNIA A RESOLUTION AUTHORIZING PARCELIZATION AND DETERMINING FAIR MARKET VALUE OF SURPLUS REAL PROPERTY TO BE SOLD AT PUBLIC SALE' CALLING FOR SEALED PROPOSALS, PROVIDING FOR METHOD OF SALE" ESTABLISHING TERMS AND CONDITIONS RELATED THERETO, AND AUTHORIZING EXECUTION OF A GRANT DEED THEREFOR (SOUTH SPRUCE AVE~ AND NORTH CANAL ST~- A~P~ 014-051-090) WHEREAS' this Council did, on March 28~, 1984', adopt its Resolution No~ 39-84' in which the Council determined that the real property described in Exhibit "A," attached hereto and incorporated herein by this reference (hereinafter the "Property")' is not needed for public purposes by this City, and that the disposi- tion of same by sale to the highest bidder at not less than fair market value would be for the common benefit; and WHEREAS, the City Manager has caused written notice of this Council's intention to sell the Property to be given in accordance with Section 54222 of the Government Code; and WHEREAS, the Council desires to parcel the Property as required by the Sub- division Map Act (commencing at Government Code Section 66410) so that it may be sold; and WHEREAS, this Council desires to establish the terms and conditions pursuant to which the Property is to be sold pursuant to the provisions of Section 37350 of the Government Code; NOW', THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1~ The City Council finds that: (a) No public agency notified pursuant to Government Code Section 54222 has responded in a manner expressing an interest in acquiring the Property described in Exhibit "A" attached hereto and previously incorporated herein by reference; and (b) The fair market value of the Property is $1,120,000. 2. The City Manager shall cause the Property to be parcelled in accordance with the Subdivision Map Act (commencing at Section 66410 of the Government Code) and with Title 19 of the South San Francisco Municipal Code. 3. The City Manager shall upon parcelization of the Property cause the Property to be sold, pursuant to the provisions of Section 37350 of the Govern- ment Code, to the highest bidder, for cash, and subject to all liens and encum- brances of record, and in the following manner: (a) Any person desiring to purchase the Property must submit a sealed written bid therefor, at not less than the minimum bid price, to the City Pur- chasing Officer, City Hall Annex, 315 Maple Avenue, South San Francisco, California 94080, not later than Monday, the lOth day of September, 1984, at the hour of 2:00 p.m. (b) The written bid must be on a bid form available from the City Pur- chasing Officer, enclosed in an envelope clearly marked as follows: "A.P. 014-051-090, South Spruce at North Canal." Included in the envelope shall be a certified or cashier's check, made payable to the City of South San Francisco, for not less than 10% of the amount stated in the bid. (c) The minimum bid price is $1,120,000. (d) At 2:00 p.m., September 10, 1984, in the Conference Room, City Hall, 400 Grand Avenue, South San Francisco, the Purchasing Officer will cause the written bids to be opened, examined and declared. At said time and place the Purchasing Officer shall thereupon call for oral bids to be received at not less than Three Thousand Dollar ($3,000) increments over and above the highest responsible written bid. Only those persons submitting a responsible written bid accompanied by an appropriate certified or cashier's check will be allowed to participate in the oral bidding for the purchase of the Property. The oral bidding shall thereupon continue until no further oral bids are received. (e) Upon completion of the oral bidding, the Purchasing Officer shall identify the person submitting the highest oral bid and the person submitting the second highest oral bid or, if there'are no oral bids, the person(s) sub- mitting the highest and second highest written proposals. (f) Upon completion of the bidding, the checks submitted with the written bids, excepting that of the highest responsible bidder, shall be returned to the persons who submitted the checks. 4. Within ten (10) days from the date the bids are to be received, the City shall cause an escrow to be opened with the following instructions: (a) Within sixty (60) days after the opening of escrow, the successful bidder shall place into escrow the balance of the purchase price due, together with all closing costs including costs of title insurance, and a title report to be issued by a title insurance company selected by the bidder. (b) Rents derived from the Property shall be prorated as of the close of escrow. (c) The City will execute a grant deed in favor of the successful bidder to be deposited in escrow. (d) Upon accomplishment of the foregoing, the Escrow Agent shall remit the purchase price to the City and deliver the deed to the successful bidder. (e) If the successful bidder fails to meet his obligations as stated above within the 60-day period, the City shall be entitled to retain the bidder's deposit and the bidder shall have no claim to right, title or interest in the Property. 5. In the event the successful bidder fails to allow for the close of escrow as above provided, the Purchasing Officer shall contact the second highest responsible bidder for the purpose of providing for a sale of the Property to that bidder, at the amount provided in his bid as of the close of oral bidding and in the manner set forth above. In the event of a failure to consummate such a sale, the City Manager shall then cause to be readvertised the sale of the Property in the manner herein prescribed. 6. No commission shall be paid to any real estate salesman or broker for obtaining any bid to purchase the Property. 7. Additional information regarding the sale of the Property, including arrangement for inspection of same, may be obtained from the City Purchasing Officer at 315 Maple Avenue, South San Francisco, California 94080. 8. The City Council reserves the right, without liability, to reject any and all proposals and bids and to cancel said sale at any time prior to the record- ing of the deed. In such event, the bidder shall be entitled to the return of his bid deposit and to be reimbursed for any closing costs incurred. 9. Upon successful completion of the bidding process outlined above, the Mayor, on behalf of the City, is hereby authorized to execute a grant deed to the Property to the purchaser, and the City Clerk is hereby directed to counter- sign said deed to be delivered to the EscrOw Officer. 10. The City Clerk shall be, and is hereby, authorized and directed to post a notice of the adoption of this Resolution and of the time and place to receive bids by posting a copy of this Resolution at City Hall and on the Property. The Purchasing Officer is authorized to give additional notice of the sale through real estate and financial publications, the costs of same to be reimbursed to the City from the proceeds of the sale. I certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a r~gular meeting held on the 13th day of June , 19 8___~__4, by the following vote- AYES' Councilmembers Mark N. Addieqo, Ema~uele N. Damont~, Rir. h~rd A. N~f~ey, Gus Nicolopulos; and Roberta Cerri T~gli, NOES. None ABSENT. None LEGAL DESCRIPTION All that certain real property'situated in the City of South San Francisco COunty of San Mateo, State of California, being a portion of the lands (lescribed in the Deed to the City of South San Francisco, recorded in Book 6530 of Official Records. of San Mateo County-at Page. 658, said real property · being more particularly described .as follows- BEGINNING at~ the southeast corner~of said land, thence ~rom said Point ' ' of 'Beginning along the southerly line of said lands N74~.27'W'364.00 feet; thence N15 33'E 370.52 feet to a point on the-northerly llne of said lands; thence S74°27'E 364.00 feet to the northeast corner of said land; -thence S15°33'W 370.52 feet .to the Point of Beginning and containing 3.096 acres · of land more or less. EXHIBIT "A" TO RESOLUTION NO. 80-84