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HomeMy WebLinkAboutAgenda Report - January 7, 1981 (35)/7e CITY COUNCIL MEETING January 7, 1981 LETTER RECEIVED A let -ter was presented which had been received from FROM LODI Constantine I. Baranoff, Administrative Director, NIFIED SCHOOL Facilities and Planning- Lodi Unified School DISTRICT RE District, indicating the school district's intention INTENTION TO SELL to sell the Millswood School site. MILLSWOOD SCHOOL SITE FACILITIES and PLANNING. 816 W. LOCK EFORD ST.. LODI. CA. 96240 (209) 36¢7411 - 4664363 December A, 1980 Mr. .lames Schroeder Community Development Director City of Lodi 221 hest Pine Street Lodi, California 95240 Subject: Disposal of Millswood School Site Dear Mr. Schroeder: On December 16, 1980, the Lodi Unified School District Board of Trustees adopted Resolution 80-52, declaring intenti.ion to sell real property being the Millswood School Site. On March 17, 19.81, we will receive written and oral bids for the 19.72± acre parcel. In accordance with Government Code Section 654024 we are notify- ing you of our intent to dispose of the property. Enclosed is a copy of the resolution and a map of the parcel. Sncerel C t e Administrative irector Facilities and Planning CIB:j Encl. 2 [RE: DE'' ' BEFORE THE BOARD OF TRUSTEES OF THE LODI UNIFIED SCHOOL DISTRICT OF THE COUNTY OF SAN JOAQUIN STATE OF CALIFORNIA Resolution No. 80'52 RESOLUTION DECLARING INTENTION TO SELL REAL PROPERTY BEING THE MILLSWOOD SCHOOL SITE PARCEL WHEREAS, the LODI UNIFIED SCHOOL DISTRICT OF SAN JOAQUIN COUNTY is the owner of all that certain real property described as follows, to wit: A portion of the East one-half of Section 3, Township 3 North, Range 6 East, Mount Diablo Base and Meridian. being Parcel "D" as shown on that Map filed in Volume 6 of Parcel Maps at Page 138, San Joaquin County Records and being more particularly described as follows: F. Beginning at the Southeast corner of MILLSI400D, Unit No. 1 as filed in Book 24 of daps and Plats at page 86, San Joaquin County Records; thence South 89" 51' 30" West, 470.83 feet to the South line of MILLSWOOD, Unit No. 2, as filed in Book 24 of Maps and Plats at page 97, San Jcaquin County Records; thence along the South line of Cita,'.-.' Way the following five courses and distances: along a curve to the right having a radius of 65 feet; a central angle of 770 41' 34" and an arc length of 88.14 feet; thence North 790 50' West, 50.0 feet; thence South 89° 51' 30" West. 322.35 feet; thence South 79' 33' West, 50.0 feet; thence along a curve to the right having a radius of 65 feet, a central angle of 36° 29' 07" and an arc length of 41.39 feet; thence South 6.8° 16' 50" West, 118.48 feet to the East line of MILL SI -I O'D, Unit No. 1; thence South 1" 58' 42" East, 720.0 feet; thence North 89° 50' 37" East, 10018.84 feet to the East line; of said Section 3; thence North 00 44' West, 796.3 feet to the point of beginning and containing. -19.72 acres, more or less. SUBJECT to a public roadway over the East 30 feet thereof. and WHEREAS, the real property is not needed for school classroom buildings or for any other purpose by the LODI UNIFIED SCHOOL DISTRICT OF SAN JOAQUIN COUNTY; NOW, T HEREFORE, BE IT RESOLVED by the Board of Trustees of the LODI UNIFIED SCHOOL DISTRICT OF SAN JOAQUIN COUNTY in regular open meeting that it hereby declares its intention to sell the said real property to the highest bidder therefore pursuant to the provisions of Section 39360 et seq., of the Education Code of the State of x California. BE IT FURTHER RESOLVED that the minimum price for which said real property will be sold is SIX HUNDRED TWENTY-THREE THOUSAND DOLLARS ($623,000.00). BE IT FURTHER RESOLVED thet Constantine I. Baranoff, Director of Facilities and Planning of the Lodi Unified School District, or his designee, is hereby authorized and directed to open sealed bids and to call for oral bids regardin=g the same of the above-describ<ed real property. However, the final acceptance of a bid or the re- jection of all bids shall only be made by this Board. BE IT FURTHER RESOLVED that the terms on which the sail: real property will be sold are as follows: Each bid shall be sea-bed a=nd addressed to the Board of Trustees of the LODI UNIFIED SCHOOL DISTRICT OF SAN JOAQUIN COUNTY, c/o Constantine I. Baranoff, Director of Facilities and Planning, or his designee, 815 West Lockeford Street, Lodi, California 95240. Such bids will be received by Mr. Baranoff 2 - e at said address until 7: 30 p.m., on Tuesday , March 17th , 1981. Each bid must be submitted together with a certified cheek, cashier's check payable to the Lodi Unified School District or cash deposit for ten percent (1090) of the amou=nt of the bid. The ba'ance of the purchase price is to be paid by the successful bidder upon execution and delivery of deed by this District to said hereinabove described real property. Buyer is to deposit into escrow the balance of the purchase price within ten (10) days after notification by the District of the acceptance of the bid. she amount of the bid must be net to the District which will not pay any charges in connection with the transaction except that the District will pay for the full cost of publishing this resolution and for one-half (1.) of the cost of a California Land Title Association Standard Coverage Form Policy of title insurance. Buyer shall have the right to select the escrow holder. The successful bidder shall purchase said real property subject to any and all rights, restrictions, rights of way, reservations, conditions and covenants of record and, said purchase shall also be subject to any and all open and apparent rights, restrictions, rights of way, reservations, conditions and covenants. Further, the successful bidder shall purchase said real property subject to any and all off -record rights if any there be. District in no way guarantees that the legal description of the property as set forth herein will itself conform to a field survey of the property. - 3 - BE IT FURTHER RESOLVED that bids must be submitted for the entire property hereinabove described. BE IT FURTHER RESOLV that Tuesday 9 the 17th day of March 1981, at the hour of 7:30 p.m., be the time when, and the Boardroom, 815 West Lockeford Street, Lodi, California, be the place where sealed proposals to purchase the said real property will be opened and considered. Before accepting any written proposal the Director of Facilities and Planning or his designee will call for oral bids. If, upon the call for oral bidding, any responsible per- son offers to purchase the property for a price exceeding by at least five percent (5%) the highest written proposal and upon the same terms as herein specified then the oral bid which is the highest and which is made by a responsible person, shall be accepted, unless all bids are rejected. Final acceptance shall not be mad -e, however, until the oral bid is reduced to writing a -rd signed by the offeror; however, final acceptance, if any, of the final Lid shall be ma -de only by the Board. A meeting is scheduled for this purpose a-nd ether business on March 24th 1981, at 7' P.M., at the Boardroom located at 815 West Lockeford Street, Lodi, California. Prior to the acceptance of private bids the Board is required by Education Code Section 39360 et seq., to follow procedures listed below: A) Public Entity Offers First priority must be given to any public entity or entities or to nonprofit -charitable or public benefit corporations which offer 4 - ID to purchase the property within a 60 day allowable period. A special priority is granted to local public agencies desiring to acquire the subject property or appropriate portions thereof for outdoor recreation or other open space purposes. If more than one entity extends an offer for the property, the governing board may exercise its discretion in selecting the offer to be accepted. If no offer is made within the 60 day period, or if no satisfactory agreement on an offer can be reached, within the allowable time, then the governing board may move on to the receipt and consideration of private bid proposals. The publication of this resolution shall serve as notice to any and all public entities to which notice is required, including by way of example, but not by way of limitation, public notice to: Public districts Public authorities Public agencies Public corporations Any political subdivision of this State The Federal Government Nonprofit public benefit corporations orga=nized for charitable purposes and existing after December 31, 19°79. B) Notice to Local Planning Agency Prior to the final acceptance of a :.id, the governing board must have notified the local planning agency having jurisdiction of Cie property of the governing board's intent to dispose of the prop- erty. Within 40 days of its receipt of the notice, the planning agency shall issue its report stating whether the proposed disposition conforms to the content of the general plan adopted by said agency. - 5 - A Failure of the planning agency to so report within 40 days shall be conclusively deemed a finding that the proposed disposition is in conformity with the agency's adopted general plan. The Board of Trustees of the Lodi Unified School District of San Joaquin County reserves to itself the right to reject any or all bids, either oral or written, and the right to withdraw the property from sale. BE IT FURTHER RESOLVED that notice of the adoption of this resolution, and of the time and place of holding said sale shall be given by posting copies of this resolution, signed by the members of the Board of Trustees, or by a two-thirds majority thereof, in three (3) public places in the Lodi Unified School District of San Joaquin County as follows, to wit: One on the bulletin board near the front door of the District Office, 815 W. Lockeford Street, Lodi, California; One on the bulletin board in the Lodi City Hall, 221 West Pine Street, Lodi, California; and, One on the bulletin board in the Lodi Public Library 201 West Locust Street, Lodi, California, and, One at the location of the property to be sold, the street location Of which is the west side of the intersection of Mills Street and Lo�ckeford Street, not less than fifteen (15) days before the date of the meeting, and by publishing the notice not less than once a week for three (3) successive weeks before the meeting in the Lodi News Sentinel, a newspaper of general circulation in the County of San Joaquin, in which the District is situated. - 6 - - PASSED AND ADOPTED by the Board of Trustees of the LODI UNIFIED SCHOOL DISTRICT OF SAN JOAQUIN COUNTY, California, this 16th day of December 198 1 , in regular open meeting by a two-thirds vote of all its members. AYES: Vatsula, Johnston, Meyer, Wisenor, Abrahamson, Ball NOES: None ABSENT: Buck AT`rEST: LAVREL WI SENOR, - C1 or k Board of Trustees APPROVED AS TO FOR.�T: GFPx.NL;l A SHFRWIN County Counsel By MARK F. ORNFLLAS JOHN VATSULA, President Board of Trustees Lodi Unified Sc -hoof District of San Joaquin County - 7 -- TR;NiTy r, A, A i• _ CHIVE SEC. 11 Sec. 2 g PAILLS AVENUE ttr -t t4 1A 4A 14 fL;* i ell it CR',vE TR;NiTy r, A, A i• _ CHIVE SEC. 11 Sec. 2 g PAILLS AVENUE ttr -t t4 1A 4A 14 fL;* i ell it