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HomeMy WebLinkAbout86-113 - ResolutionsRESOLUTION NO. 86-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC~J~ONGA DELCARING ITS INTENTION TO SELL FEE TITLE TO CERTAIN REAL PROPERTY DESCRIBED HEREIN IN ACCORDANCE WITH THE PROCEDURES SPECIFIED HEREIN A. Recitals. (i) The City of Rancho Cucamonga is the owner of that certain real property generally located at the intersection of Buffalo Avenue and 6th Street in the City of Rancho Cucamonga, County of San Bernardino, California, hereinafter referred to as "said property" and specifically described as set forth in Exhibit "A" attached hereto and by this reference set forth herein. (ii) Fee title in and to said property is not and will not in the immediate future be required for public purposes. (iii) California Government Code Section 37350 provides as follows: "A city may purchase, lease, receive, bold, and enjoy real and personal property, and control and dispose of it for the common benefit." (iv) California Government Code Section 37351 provides, in pertinent part, as follows: "The legislative body (City Council) may . . · dispose and convey such property for the benefit of the City. Of, (v) All legal prerequisites to the adoption of this Resolution have occurred. N(~, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Council of the City of Rancho Cucamonga as follows: 1. All facts stated in the Recitals, Part A, of this Resolution hereby are found to be true and correct. 2. The Council of the City of Rancho Cucamonga does hereby announce its intention to sell said property in accordance with the terms and conditions set forth in paragraph 3 of this Resolution to any person submitting the highest bid therefor. 3. The sale of said property is proposed upon the following terms and conditions: warranties Cucamouga. shall Said property will be sold as is and with all faults and no attach to the sale of said property by the City of Rancho B. The minimum total sales price to be paid by the purchaser of said property will be the sum of $90,000 Dollars. C. All bidders shall submit with their written bids a cashier's check made payable to the City of Rancho Cucamonga in the amount of ten percent (10%) of the amount of bid as a guarantee that each such bidder will consummate the sale contemplated herein if it constitutes the high bidder. Said check shall be refundable to any bidder whose bid is not accepted as the high bid. Any bid submitted which does not contain such a cashier's check shall be considered nonresponsive and shall be disregarded. Resolution No. 86-113 Page 2 D. The cashier's check of the high bidder shall be held until the total sales price for said property is tendered and said cashier's check will be credited as part payment of the sales price due. In the event that the high bidder refuses or fails to tender the remainder of the purchase price within ten (10) days after the notice of award of sale is mailed to said bidder, said cashier's check shall be retained by the City of Rancho Cucamonga and shall then be considered to be nonrefundable. In that regard, any bidder shall be deemed to have acknowledged. the fact that it is difficult, if not impossible, to determine the damages to the City of Rancho Cucamonga which would be incurred should a high bidder not timely consummate the sale of said property. Accordingly, said ten percent (10%) casbier's check shall be considered payment by way of liquidated damages for failure of the bigh bidder to tender the remainder of the purchase price. E. The total payment shall be made in cash by cashier's check payable to the City of Rancho Cucamonga. F. Upon receipt of the total Paragraph 3.E. above, the City Clerk shall deliver deed to the purchaser. payment, as specified in the original fully executed G. In case of identical bids, the Council of the City of Rancho Cucamonga shall make an award to the high bidder of its choice in its sole discretion. H. The Council of the City of Rancho Cucamonga specifically reserves the right to reject all bids received with respect to the contemplated sale of said property. I. All original bids together with the above-referenced cashier's check must be tendered in sealed envelopes and presented to the City Clerk of the City of Rancho Cucamonga, 9320 Baseline Road, Rancbo Cucamonga, California, on or before May 21, 1986 at 2:30 p.m. J. Said property is offered subject to any and all covenants, conditions, restrictions, reservations, rights, the high bidder may arrange for the purchase of a title insurance policy of said high bidder's choice, provided that all payments for premiums related to said policy shall be at the sole cost of the buyer. K. The City of Rancho Cucamonga will not pay any real estate commission related to the sale of said property or have any such commasion or any portion thereof deducted from the price paid. 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 7th day of Hay, 1986. AYES: Nikels, Buquet, King, Dahl, Wright NOES: None ABSENT: None Page I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 7th day of May, 1986. Executed this 8th day of May, 1986 at Rancho Cucamonga. California. Beverly ~.Authelet, City Cl~'rk EXHIBIT "A" That portion of Lots 37 and 38 of Rochester in the City of Rancho Cucamonga, County of San bernardino, as per map recorded in Book 9, Page 20 of Maps, in the Office of the County Recorder of said County described as follows: Beginning at the Northwest corner of Lot 37; thence, North 89 degrees 45' 05" East along the North line of said Lot 37, a distance of 362.02 feet to a point on a curve concave to the Southeast having a radius of 580.00 feet, a radial line through said point bears North 18 degrees 45' 26" West; thence Southwesterly along said curve through a central angle of 52 degrees 34' 45", an arc length of 532.25 feet to a point in the Westerly line of said Lot 38, a radial line through said last mentioned point bears North 71 degrees 20' 11" West; thence North O0 degrees 09' 18" East along West line of said Lots 37 and 38 a distance of 362.02 feet to the Point of Beginning. Except therefrom; that portion beginning at a point on the North line of said Lot 37 a distance of 282.27 feet from said point of beginning; thence North 89 degrees 45' 05" East along North line of said Lot 37 a distance of 79.75 feet to a point on a curve concave to the Southeast having a radius of 580.00 feet a radial line through said point bears North 18 degrees 45' 26" West; thence Southwesterly aloog said curve through a central angle of 52 degrees 34' 45" an arc length of 532.25 feet to a point in the West line of said Lot 38, a radial line through said last mentioned point bears North 71 degrees 20' 11" West; thence North O0 degrees 09' 18" East along the West line of Lots 37 and 38 a distance of 79.70 feet to a point on a curve concave to the Southeast having a radius of 610.00 feet a radial line through said point bears North 64 degrees 13' IO" West; thence Northeasterly along said curve through a central angle of 38 degrees 20' 24" an arc length of 408.19 feet to a point in the North line of said Lot 37, a radial line through last mentioned point bears North 25 degrees 52' 46" West, last mentioned point also being the point of beginning. Such real property being retained by the City of Rancbo Cucamonga for street and related utility purposes. Real Property Contains 30,840.40 Square Feet. Exhibit "B" attached hereto and made a part hereof by this reference.