HomeMy WebLinkAboutResolutions - No. 81-173RESOLUTION NO. 81-173
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:
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 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
bears N 36° 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 82° 21' W from the
northwest corner of above described Lot 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 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
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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
490 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 RESOLVED 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 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 existing easements; that the developer of the
property is responsible for the completion of construction of
the cul-de-sac at the end of Awani 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
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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 responsible 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 meeting 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 News -Sentinel, 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, 1981 by the
following vote:
Ayes: Councilmen - Hughes, Murphy, Pinkerton,
Katnich and McCarty
Noes: Councilmen - None
Absent: Councilmen - None
ALICE M. RE MCHE
City Clerk
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