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Home My WebLink AboutOrdinance 1369 (328-322 Santa Margarita Drive)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1369 entitled: ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY (328/322 Santa Margarita Drive) is a true and correct copy of an ordinance of said City and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the 7th day of April , 1980, published as required by City Charter in the Marin Suburban Newspapers , a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held or, the 21st day of April , 1980, by the following vote, 'to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMENIBERS : None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 22nd day of __April , 1980. JEA �M. LEONCINI, ity Clerk ORDINANCE NO. 1369 ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY (328/322 Santa Margarita Drive) The Council of the City of San Rafael, California, do ordain as follows: SECTION 1: It is hereby found, determined, and ordained that real property at 328 and 322 Santa Margarita Drive, Assessor's Parcels Number 10-262-23 and 10-262-24, and as described in Exhibit "A" attached hereto, in San Rafael, California, has been reviewed by the Planning Commission and determined to be surplus property and that the sale of these lots will not have an adverse effect on vicinity properties or the general welfare of the community, and that it would be in the best interests of the City of San Rafael, California, to sell all of the real property hereinafter described. SECTION 2: The City of San Rafael, California, a municipal corporation, hereinafter referred to as "City", by and through its City Council, does hereby declare its intention to sell said real property subject to any and all unpaid taxes, assessments, easements, rights-of- way, restrictions, reservations, conditions, deeds of trust, liens and encumbrances thereon of any nature or kind whatsoever, to the highest bidder, upon the following terms and conditions. 1. Purchase Price. The purchase price to be paid shall be determined by the highest bidder in cash, lawful money of the United States of America payable upon close of escrow, provided the highest bid is not less than the minimum bid established by the City. 2. Escrow. Within ten (10) business days (Saturdays and Sundays not being business days) from April 21, 1980, an escrow shall be opened with California Land Title Company of Marin, located at 810 Fifth Avenue, in the City of San Rafael, California, on the following terms and conditions: 1.) That all escrow charges, save and except the usual charges, such as revenue stamps, customarily paid by sellers within the Marin County area are, if applicable, payable solely by the highest bidder. ORDINANCE NO. 1369 2.) That all escrow instructions shall be written on the current forms in use by the California Land Title Company of Marin. 3.) That the cost of any title insurance policy or policies is to be borne by the highest bidder. 4.) That the said escrow shall be closed on or before twenty-one (21) business days following the day upon which an ordinance in compliance with Article VII, Section 7, of the San Rafael Charter, is effective. 3. Delivery of Possession. The highest bidder shall be given possession of parcel(s) at the close of escrow. 4. Compliance with San Rafael Charter. It is understood that the within sale is subject to Subdivision 7 of Section 7 of Article VII of the San Rafael Charter, and it is agreed that the within sale shall be made in compliance with said Charter provisions. 5. Condition of Title. Title shall be subject to those terms and conditions approved by the Planning Commission at its meeting of March 11, 1980, details of which are available at the City of San Rafael, Planning Department, 1400 Fifth Avenue, San Rafael, California. 6. Bid Forms. No bid will be considered unless made on a form obtained from the City of San Rafael, Redevelopment Agency, 1313 Fifth Avenue, San Rafael, California. 7. Sealed Bids. All bids for the real property shall be delivered to the Office of the City Clerk, Room 209, City Hall, San Rafael, California, not later than 2:00 P.M. on April 21, 1980. 8. Additional Terms and Conditions. The sale of said real property shall be upon the following additional terms and conditions: 1.) A minimum unpublished price will be established by the City Council prior to the bid opening. -2- ORDINANCE NO. 1369 2.) After sealed bids are opened, oral bids will be permitted from those persons who submitted sealed bids. 3.) Any oral bid must be ten percent (10%) higher than the highest sealed bid, thereafter each higher bid shall be in increments of not less than $100. 4.) A certified check or cashier's check in the amount of ten percent (10%) of the bid must accompany any bid submitted. 5.) If the highest bidder fails to pay the total bid price within twenty-one (21) business days following the day upon which an ordinance in compliance with Article VII, Section 7, of the San Rafael Charter, is effective, the bidder's deposit shall be forfeited as agreed liquidated damages and the property may be offered for sale to the next highest bidder. 9. Description of Property. That certain real property situate in the City of San Rafael, County of Marin, State of California, commonly referenced to as A.P. #10-262-23 and #10-262-24, as more fully described in Exhibit "A" attached hereto and forming a part hereof. SECTION 3: The Mayor of the City of San Rafael is authorized and directed to execute and deliver deeds of conveyance in the name of said City to the highest bidder(s) necessary and proper to carry out the sale, upon the terms and conditions herein provided, upon receipt of the purchase price and other considerations, all as hereinabove set forth. SECTION 4: This ordinance shall be published once in full before its final passage, in a newspaper of general circulation, printed, published and circulated in said City, and shall be in full force and effect thirty (30) days after its passage. ATTEST: JE �M.LEONCIN I,ty el rk +�AR�ENCE E. MULRYA�,M��r -3- ORDINANCE NO. 1369 The above and foregoing Ordinance No. 1369 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the seventh day of April 1980, and ordered passed to print by the following votes, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 21st day of April , 1980. A . LEONCIN4,1;*ty Clerc DESCRIPTION ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL 2. (A.P. 10-262-23) Lot 25, as laid down and delineated on that certain map entitled Westland Terrace, Sub. 2, recorded August 16, 1946 in Map Book 6 at page 16, Marin County Records. RESERVING THEREFROM an easement on, over and under a uniform strip of land seven and one-half foot (7h') in width along the southerly boundary of the property for installation and maintainence of a sewer line. ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL 1. (A.P. 10-262-24) Lot 26, as laid down and delineated on that certain map entitled Westland Terrace, Sub. 2, recorded August 16, 1946 in Map Book 6 at page 16, Marin County Records. RESERVING THEREFROM an easement on, over and under a uniform strip of land seven and one-half foot (7k') in width along the southerly boundary of the property for installation, and main- tainence, of a sewer line.