HomeMy WebLinkAboutResolutions - No. 94-93RESOLUTION NO. 94-93
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
DECLARING ITS INTENTION TO SELL SURPLUS REAL PROPERTY
WHEREAS, the City of Lodi is the owner of certain real property
described as follows:
1775 South Church Street
APN: 062-020-14
A portion of the Northwest Quarter of Section 13, Township 3
North, Range 6 East, MDB & M., being more particularly described as
follows:
Beginning at the Southwest corner of the land described in
the Deed to Isamu Funamura, recorded January 11, 1938 in
Volume 605 of Official Records, Page 254, San Joaquin
County Records; thence Easterly along the south line of
said Funamura land to the Southeast corner thereof; thence
Northerly along the East line of said Funamura land, 60
feet; thence Westerly parallel to the South line of said
Funamura land, to the West line thereof; thence Southerly
60 feet to the Point of Beginning.
SAVE AND EXCEPT the East 10 feet.
WHEREAS, the said real property is not needed by the City of Lodi;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lodi in a regular meeting held August 17, 1994 that it hereby declared
its intention to sell the said real property to the highest bidder
pursuant to the provisions of Section 37350, 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
plainly marked as a bid for 1775 S. Church Street, and mailed or
delivered to Jennifer M. Perrin, City Clerk of the City of Lodi, 221
West Pine Street, P. O. Box 3006, Lodi, California 95241. Bids will be
accepted until 11:00 a.m. on Wednesday, September 21, 1994 at which
time they will be opened and publicly read at the Carnegie Forum. Each
bid must be accompanied with a deposit in cash or cashier's check in
the amount of one percent (1k) of the bid. Minimum bid must be at
least $54,000.00. 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 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/her deposit will be forfeited and retained by the
City of Lodi as liquidated damages and he/she shall forfeit all rights
hereunder. it is agreed that damages in the event of failure to
complete purchase would be difficult 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 an existing 5 foot Public
Utility Easement on the West side; that pursuant to law (including but
not limited to H & S Code §25359.7 and Civ. Code §1102 et. seq.) Seller
represents that it has no knowledge of contamination on the property,
but requires that Buyer either: (1) at Buyer's sole expense, conduct
an� environmental audit before close of escrow with right of refusal
should contamination be found; or waive all consequential damages to
the extent allowed by law should pre-existing contamination be found;
that the developer is responsible for all normal City policies and fees
covering like developments within the City, including sewer connection
fee, water meter cost, and development impact fees, if applicable.
BE IT FURTHER RESOLVED that the City Council of the City of Lodi
reserves the right to reject any or all bids, 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 the bid opening, shall be
given by posting copies of this resolution, signed by the City Clerk of
the City of Lodi in at least the following three public places in the
City of Lodi:
One on the bulletin board at the north entrance to City
Hall, 221 West Pine Street, Lodi, California
One on the bulletin board at the entrance to the Public
Safety Building, 230 West Elm Street, Lodi, California
One on the bulletin board located at the Lodi Public
Library, 201 West Locust Street, Lodi, California
not less than fifteen (15) days before the date of the bid opening, and
by publishing notice of the adoption of this resolution not less than
once a week for three (3) successive weeks before the bid opening in
the Lodi News -Sentinel, a newspaper of general circulation published in
the City of Lodi.
Dated: August 17, 1994
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I hereby certify that Resolution No. 94-93 was passed and adopted
by the City Council of the City of Lodi in a regular meeting held
August 17, 1994 by the following vote:
Ayes: Council Members - Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - Davenport and Mann
J IFER
City Cle PERRIN
94-93