HomeMy WebLinkAboutAgenda Report - July 7, 1982 (53)RESOLUTION NO. 82-68
RESOLUTION ACCEPTING THC BID RECEIVED FOR THE
SALE OF CITY OF LODI SURPLUS REAL PROPERTY -
SCENIC OVERLOOK FROM HOWARD D. ARNAIZ, THE
HIGH BIDDER.
WHEREAS, on December 9, 1981 the Lodi City Council
adopted Resolution No. 81-173 - entitled, "Resolution of the
City Council of the City of Lodi declaring its intention to
sell Surplus Real Property".
WHEREAS, pursuant to Resolution No. 81-173 bids
were received by the City Clerk on or before June 29,1982
and were opened and considered by the City Council of the City
of Lodi at its regular meeting of July 7, 1982.
WHEREAS,the following written bids were received
and recorded by the City Clerk at the time and in the manner
prescribed in Resolution No. 81-173.
Bidder Amount
Howard D. Arnaiz,
P.O. Box 8492
Stockton, California $10,350.00
California waste
1102 North Cluff Avenue
Lodi, California $ 6,011.00
WHEREAS, each of the above written bids were accompanied
with a deposit in cash or cashier's check in the amount of
$1,500.00 as set forth in Resolution 81-173.
WHEREAS, no oral bids were submitted as provided for
in Resolution 81-173.
NOW, THEREFORE BE IT RESOLVED, that the City Council
of the City of Lodi does hereby accept the bid for the sale
of the City of Lodi, surplus real property, more commonly
known as the Scenic Overlook and described as follows as
submitted by Howard D. Arnaiz, P.O. Box 8492, Stockton in the
amount. of $10,350.00.
82-68
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A portion of the southeast quarter of
Section 36,T4N, R6E, MDB&M; more
particularly described as follows:
Beginning at the north west corner of Lot 35
of Mokelumne Village as filed for record
September 26, 1978 in Volume 23, page 95, San
Joaquin County Records; thence N820 21' E,
101.32 feet to the northeast corner of said Lot 35;
thence 12.75 feet along a nontangent curve, con-
cave to the southwest said corner having a radius
of 50.00 feet, and a long chord which bears
N 340 38' 23" W; thence 136.97 feet along a
reversing curve to the right, said curve having a
radius of 50.00 feet, and a long chord which bears
N 360 31' 48" E; thence N 30 00' W to the point
of intersection with the south bank of the
Mokelumne River; thence northerly and westerly
along said south bank to the point of intersection
with the Southern Pacific Company right of way;
thence S 30 00' E along said right of way to a
point which bears S 820 21' W from the northwest
corner of above described Lat 35; thence N 820 21'
E, 27.43 feet to the point of beginning; and
Reserving an easement for public utilities, 10 feet
in width, lying north and west of the following
described line.
Beginning at the NE corner of the above described
Lot 35; thence 12.75 feet along a nontangent curve,
concave to the southwest said curvy: having a radius
of 50.00 feet, and a long chord which bears N 340
38' 23" W; thence 136.97 feet along a reversing
curve to the right, said curve having a radius of
50.00 feet, and a long chord which bears N 360 31'
48" E to the termination of said 10 foot easement.
Also reserving an easement for public utilities,
15 fejt in width, the centerline being described
as follows:
Beginning at a point on the west line of above
described parcel, 6.45 feet from the southwest
corner of said parcel; thence N 490 57' E to the east
line of said parcel, also boing the termination of
said 15 foot easement.
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Also reserving an easement and vehicular
access described as follows:
The south 15 feet of the above described parcel
Dated: July 7, 1982
I hereby certify that Resolution No. 82-68 was passed
and adopted by the City Council of the City of Lodi
in a regular meeting held July 7, 1982 by the
following vote:
Ayes: Council Members - Snider, Olson, Pinkerton,
Murphy and Reid
Noes: Council Members - None
Absent: Council Members - None
ALICE M. REI CHE
City Clerk
July 8, 1982
California Waste
1102 North Cluff Avenue
Lodi, California 95240
Re: Sale of City of Lodi Surplus Real Property -
Scenic Overlook
Gentlemen:
Attached herewith is a certified copy of City of Lodi
Resolution No. 82-68 entitled, "Resolution accepting the
bid received for the Sale of City of Lodi Surplus Real
Property - Scenic Overlook from Howard D. Arnaiz, the
high bidder".
The Resolution sets forth the procedure followed and the bids
that were received.
We wish to thank you for the submittal of your bid and to
advise you that your deposit will be returned to you
shortly.
Should you have any questions, please do not hesitate to call.
Very truly yours,
A
491/M�.R the
City Clerk
AMR/ l f
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CITY COUNCIL
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HENRti A GLAVES. It
FRE11 M VIE). Mayou
CITY O F L O D I
City Manager
ROBERT G MMHY,
ALICE nt REt`iCHE
Mayor Pro tempore
CITY HAIL, 221 WEST PINE STREET
Cm, Clerk
EVELYN M OLSON
POST Oft ICE BOX 320
RONALD M STEM
JAMES W. PIKKERTON• it
LODI, CALIFORNIA 95241
City Attorney
JOHN R (Randy) SNIDE R
(209) 334'5634
July 8, 1982
California Waste
1102 North Cluff Avenue
Lodi, California 95240
Re: Sale of City of Lodi Surplus Real Property -
Scenic Overlook
Gentlemen:
Attached herewith is a certified copy of City of Lodi
Resolution No. 82-68 entitled, "Resolution accepting the
bid received for the Sale of City of Lodi Surplus Real
Property - Scenic Overlook from Howard D. Arnaiz, the
high bidder".
The Resolution sets forth the procedure followed and the bids
that were received.
We wish to thank you for the submittal of your bid and to
advise you that your deposit will be returned to you
shortly.
Should you have any questions, please do not hesitate to call.
Very truly yours,
A
491/M�.R the
City Clerk
AMR/ l f
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CITY COUNCIL / HfNR1 A CLAN'tS. if
City Manager
FRIED M MID. Mayor CITY OF L o
ROBfRi G MURPHY, 1- AIICf NI RIIhtCHE
Mayor Pro Tempore CITY HAIL. 2:1 WM PINI SIR[ i T City Clerk
fVELYN M OLSON POST Offict 3OX i2o
RONALD M STI IN
JAMES W PINK iRION. ;r LODI. CAI IfORN1A 95231 City Attorney
JOHN R (Randy) SNIDIR (209) 334-S614
i
July 8, 1982
Mr. Howard D. Arnaiz
P.O. Box 8992
Stockton, California
Re: Sale of City of Lodi Surplus -eal Property
Scenic Overlook
Dear Mr. Arnaiz:
Attached herewith is a certified copy of City of Lodi Resolution
No. 82-68 entiCled, "Resolution Accepting the Bid Received
for the Sale of City of Lodi Surplus Real Property - Scenic
Overlook from Howard D. Arnaiz, the high bidder."
The resolution sets forth the procedure followed and the bids
that were received.
The City will be in touch with you from time to time during
the finalization of this transaction.
Should you have any questions, please do not hesitate to
call this office.
Very truly yours,
Al ch. Reimche
City Clerk
AMR/ 1 f
Att.
AMR/ 1 f
MEMORANDUM, City of Lodi, Public Works Department
T0: City Attorney
City Clerk
-
FROM: Public Works Director
4.
DATE: February 11, 1982
SUBJECT: Sale of Scenic Overlook
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In working with the legal description avid conditions for advertising
of the Scenic Overlook for sale, it has come to our at'en don that
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the land presently is zoned "Flood Plain" even though the. property
is high enough not to be part of the actual flood plain.
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It is, therefore, our intention to ask the Community Development
Department to consider rezoning the area to Its highest and best use.
This should take place prior to its sale in order to provide a pros-
ak;
pective bidder with the best information available and would also
provide the City with the maximum income from the sale.
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We trust t a this is acceptable to you and are proceeding with the
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request f�
ez ning.
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Ja Ronsko
Pubic Works Director
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cc: City Manager
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A 11 d e M • Re�
city clerk
AMR/ 1 f
TO THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
SUBJECT:
BID OPENING - SCENIC OVERLOOK
UNCIL COMMUNICA
DATE I NO.
July 2, 1982
On December 9, 1981 the Lodi City Council adopted Resolution
No. 81-173 - "Resolution of the City Council of the City
of Lodi"declaring its intention to sell Surplus Real
Property. (A copy of Resolution No. 81-173 is attached
for your review.)
Pursuant to the Resolution, bids were to be received by the
City Clerk on or before June 29, 1982.
Further, pursuant to this Resolution the bids received will
be opened and considered by the Council at the regular Council
meeting of July 7, 1982.
Before accepting any written proposals, the City Council
will call for oral bids. Oral bids are to be given in at
least five percent increments higher than the highest
writter proposal in order to be considered.
The City Counc3.1 ht -s reserved the right, to reject any and
all bids either written or oral, and the right to withdraw
the property from sale.
Each bid must be accompanied with a deposit in cash or
cashier's check in the amount of $1.500.00. The balance of
the purchase price is to be paid within 60 days after the
acceptance of the offer through escrow with a mutually
agreed upon bank or title company.
The City Clerk will introduce this matter, open, record,
and announce the bids and apprise Council if the required
deposit is included and if the bid is in order. It will
then be in order for the Council to make the determination
to either accept the highest bid or reject all bids received.
AI e . e e
City Clerk
AMR,/ 1 f
IV
RESOLUTION NO. 81-173
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LODI DECLARI14G ITS INTENTION TO SELL SURPLUS
REAL PROPERTY
WHEREAS, the City of Lodi is the owner of certain real
property described as follows:
A portion of the southeast quarter of
Section 36, T4N, R6E, MDB&M; more
particularly described as follows:
Beginning at the north west corner of Lot 35
of Mokelumne Village as filed for record
September 26, 1978 in Volume 23, page 95,
San Joaquin County Records; thence N 8° 21'
E, 101.32 feet to the northeast corner of
said Lot 35; thence 12.75 feet along a
nontangent curve, concave to the southwest
said corner having a radius of 50.00 feet,
and a long chord which bears N 340 38' 23"
W; 136.97 feet along a reversing
curve to the right, said curve having a
radius of 50.00 feet, and a long chord which
bears N 360 31' 48" 91 thence N 30 00' W to
the point of intersection with the south
bank of the Mokelumne giver; thence
northerly and westerly along said south bank
to the point of intersection with the
Southern pacific Company right of way;
thence S 30 00' B along said right of way to
a point. which bears b 82. 21' W from the
northwest corner of above described Lot 351
thence N 820 21' 81 27.43 feet to the point
of beginning; and
Reserving an easement for public utilities,
10 feet in width, lying north and west of
the following described line.
Beginning at the NE corner of the above
described Lot 35; thence 12.75 feet along a
nontangent curve, concave to the southwest
said curve having a radius of 50.00 feet,
and a long chord which bears N 34. 38' 23"
W; thence 136.97 feet along a reversing
curve to the right, said curve having a
radius of 50.00 feet, and a long chord which
81-173
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bears N 360 31' 48" E to the termination of
said 10 foot easement.
Also reserving an easement for public
utilities, 15 feet in width, the centerline
being described as follows:
Beginning at a point on the west line of
above described parcel, 6.45 feet from the
southwest corner of said parcel; thence N
19° 57' E to the -east line of said parcel,
also being the termination of said 15 foot
easement.
Also reserving an easement and vehicular
access described as follows:
The south 15 feet of the above described
parcel; and
WHEREAS, the said real property is not needed by the
City of Lodi;
NOW, THEREFORE, BE IT RF.SOLVED by the City Council of
the City of Lodi in an adjourned regular meeting held December
9, 1981. that it hereby declared its intention to sell the said
real property to the highest bidder therefor pursuant to the
provisions of Sections 25520-25535, inclusive, of the
Government Code.
BE IT FURTHER RESOLVED that the terms on which the
real property will be sold are as follows: Each bid shall be
in a sealed envelope marked so as to denote the contents and
addressed to the City Council of the City of Lodi, c/o Alice
M. Reimche, City Clerk of the City of Lodi, 221 W. Pine
Street, Lodi, California 95240. Such bids may either be sent
by mail to the City Council at said address or filed with the
Clerk on or before June 29, 1982. Each bid must be
accompanied with a deposit in cash or cashier's check in the
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amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). The
balance of the purchase price is to be paid within 60 days
after the acceptance of the offer through escrow with a
mutually agreed upon bank or title company. At the close of
,escrow, the City of Lodi's Grant Deed subject to easements and
encumbrances of record will be delivered to the successful
bidder. If the successful bidder fails to complete the
purchase of the property in accordance with the terms hereof,
his deposit will be forfeited and retained by the City of Lodi
as liquidated damages and he shall forfeit all rights
hereunder. It is agreed that damages in the event of failure
to complete the purchase would be difficul i to ascertain and
that such sum represents a reasonable attempt to ascertain
what such damages would be. The successful bidder agrees to
pay for the cost of all escrow and recording fees, documentary
transfer taxes, and title insurance if desired. The City will
pay for the cost of publishing this resolution.
BE IT FURTHER RESOLVED that bids must be submitted for
the entire property hereinabove described. The following
matters concerning said real property should be noted and
taken into consideration by prospective bidders: that the
property has existing easements; that the developer of the
property is responsible for the completion of construction of
the cul-de-sac at the end of Awarii Drive, that the City gives
no guarantee as to the soil conditions, which may limit the
feasibility of building on the property as the area has been
used as City landfill for many years; that prior to September
61-173
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30, 1982 additional leaves may be removed from subject
property and the existing ground may vary from what presently
exists; that the developer is re,•'-3nsible for all normal City
policies and fees covering like developments within the City,
including storm drainage; and that a vehicular access is being
retained along the south 15.00 feet of the property for the
City of Lodi and Southern Pacific Company.
BE IT FURTHER RESOLVED that July 7, 1982 at the hour
of 8:00 p.m. is the time when, and the City Council Chamber,
City Hall, 221 W. Pine Street, Lodi, California is the place
where a regular moeting of the City Council of the City of
Lodi will be held at which time sealed proposals to purchase
the said real property will be opened and considered. Before
accepting any written proposal, the City Council will call for
oral bids. If, upon the call for oral bids, any responsible
person offers to purchase the property for a price exceeding
by at least five (5) percent of the highest written proposal,
then the highest oral bid by a responsible person shall be
finally accepted. To submit an oral bid, each such bidder
must deposit in cash or cashier's check the amount of ONE
THOUSAND FIVE HUNDRED DOLLARS ($1,500.00), The balance of the
purchase price shall be paid in the manner specified above.
The City Council of the City of Lodi reserves to
itself the right to reject any or all bids, either written or
oral, and the right to withdraw the property from sale.
BE IT FURTHER RESOLVED that the notice of the adoption
of this resolution, and the time and place of holding said
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meeting, shall be given by posting copies of this resolution,
signed by the City Clerk of the City of Lodi in three public
places in the City of Lodi, as follows, to wit:
One on the bulletin board at the north
entrance to City Hall, 221 W. Pine Street,
Lodi, California
One on the bulletin board at the entrance to
the Public Safety Building, 230 W. Elm
Street, Lodi, California
One on the bulletin board located at the
Lodi Public Library, 201 W. Locust Street,
Lodi, California
not less than fifteen (15) days before the date of the
meeting, and by publishing notice of the adoption of this
resolution not less than once a week for three (3) successive
weeks before the meeting in the Lodi Life and Times, a
newspaper of general circulation published in the City of
Lodi.
Dated: December 9, 1981
I hereby certify that Resolution No. 81-173 was passed
and adopted by the City Council of the City of Lodi in
a regular meeting held December 9, 1901 by the
following vote:
Ayes: Councilmen - Hughes, Murphy, Pinkerton,
Katnich and McCarty
Noes: Councilmen - None
Absent: Councilmen - None
ALICE M. R ,I C E'
City Clerk,
"FOR INFORMATION CONCERNING THIS MATTER, PLEASE CONTACT THE
CITY OF LODI PUBLIC WORKS DEPARTMENT - (209) 334-5634.-
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