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RES-2011-054RESOLUTION NO. 2011- 0 5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE CONVEYANCE BY GRANT DEED OF THE CITY'S RIGHT, TITLE AND INTEREST TO 1051 NORTH PATT (CITY DEED 11420) WHEREAS, the City of Anaheim ( "City ") wishes to convey to Mostafa Niknafs ( "Grantee ") that certain real property located AT 1051 North Patt Street, Anaheim, California, more particularly described in Exhibit "A" and Exhibit "B ", (City Deed No. 11420, APN 035- 010 -71), attached hereto and incorporated herein by this reference ( "Property "); and WHEREAS, on June 22, 2010, the City Council adopted Resolution 2010 -073 making the finding that it is in the best interests of the City to sell the Property located at 1051 North Patt Street, Anaheim, California and to enter into a Purchase and Sale Agreement with Mostafa Niknafs. On January 25, 2011, the Mayor and City Clerk executed the Purchase and Sale Agreement and the Grant Deed. The Buyer has complied with the conditions set forth in the Purchase and Sale Agreement; and WHEREAS, the City Council of the City of Anaheim does hereby find and determine it is in the best interests of the City of Anaheim to convey the City's right, title and interest in the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Property described as 1051 North Patt Street, in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" and Exhibit "B" be, and it is hereby accepted by the City Council for recordation. BE IT FURTHER RESOLVED that First American Title Company be, and it is hereby authorized and directed to, cause the foregoing deed to be recorded in the Office of the Recorder of the County of Orange. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2 6 day of April , 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None CITY NAHEIM BY MAYOR OF THE CITY OF ANAHEIM ATTEST - CITY CLERK OF THE CITY OF ANAHEIM 92509 /CFlynn V. T Alo LEGAL DESCRIPTION Real property in the City of Anaheim, County of Orange, State of California, described as follows: A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND INCLUDING LOTS 23 AND 24, GRESSWELL SUBDIVISION, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6, PAGE 47 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, ALL SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 24, GRESSWELL SUBDIVISION, THENCE NORTH 0 02' WEST ALONG THE WEST PROPERTY LINE OF PATT STREET 223.25 FEET; THENCE WEST 224.32 FEET; THENCE NORTH 0 EAST 167.34; THENCE SOUTH 89 WEST ALONG THE CENTER LINE OF THE EIGHT -INCH BRICK PARTY WALL AND SAID CENTER LINE EXTENDED 66.57 FEET; THENCE NORTH 0 WEST 12 FEET; THENCE SOUTH 89 WEST 42.48 FEET; THENCE SOUTH 0 EAST 128.95 FEET; THENCE SOUTH 89 EAST 50 FEET; THENCE SOUTH 0 EAST 273.48 FEET TO THE SOUTHWEST CORNER OF LOT 23 OF SAID GRESSWELL SUBDIVISION; THENCE EAST ALONG THE SOUTH LINES OF SAID LOTS 23 AND 24, GRESSWELL SUBDIVISION 283.34 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO ESSEX WIRE CORPORATION OF CALIFORNIA, A CORPORATION, BY DEED RECORDED NOVEMBER 22, 1948 AS INSTRUMENT NO. 48120, IN BOOK 1763, PAGE 341 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:. A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, GRESSWELL SUBDIVISION AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6, PAGE 47 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA; THENCE NORTH 0 WEST ALONG THE WEST PROPERTY LINE OF PATT STREET 173.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 WEST ALONG SAID WEST LINE OF PATT STREET 50 FEET; THENCE WEST 217 FEET; THENCE SOUTH 23 WEST (RECORD 67 WEST) 54.23 FEET; THENCE EAST 238 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO ESSEX WIRE CORPORATION OF CALIFORNIA, A CORPORATION, BY DEED RECORDED NOVEMBER 22, 1948 AS INSTRUMENT NO. 48121, IN BOOK 1763, PAGE 346 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE ESSEX WIRE CORPORATION, A CORPORATION, BY DEED RECORDED SEPTEMBER 2, 1953 AS INSTRUMENT NO. 58902, IN BOOK 2567, PAGE 30 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO ESSEX WIRE CORPORATION, A MICHIGAN CORPORATION, AND EDGEMERE REALTY COMPANY, TRUSTEE, OF GROSSE POINTE, MICHIGAN, BY DEED RECORDED JUNE 9, 1965 AS INSTRUMENT NO. 7956, IN BOOK 7550, PAGE 41 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO BKM ANAHEIM ASSOCIATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, BY DEED RECORDED SEPTEMBER 24, 2004, AS INSTRUMENT NO. 04- 856037 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE DEDICATED ALLEY (15.00 FEET WIDE) LYING BETWEEN LOTS 23 AND 24 OF THE GRESSWELL SUBDIVISION, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6, PAGE 47 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA. ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL MAP NO. 2005 -147, AS PER PLAT RECORDED IN BOOK 348 OF PARCEL MAPS, PAGES 30 THROUGH 36, INCLUSIVE, RECORDS OF SAID COUNTY. APN : 035 - 010 -71 Recording Requested by: City Clerk of the City of Anaheim WHEN RECORDED MAIL TO: CITY CLERK CITY OF ANAHEIM P.O. BOX 3222 ANAHEIM, CA 92803 EXEMPT - GOVERNMENT AGENCY (Government Code § §6103 & 27383) MAIL TAX STATEMENT TO: Mostafa Niknafs Pro Tech Engineering Corp. 3535 E. Coast Hwy.. Ste. 325 Corona Del Mar, CA 92625 City Clerk, City of Anaheim GRANT DEED The undersigned grantor(s) declare(%) Citv Deed # go DOCUMENTARY TRANSFER TAX $ APN # 035 - 010 -71 ®computed on full value of property conveyed, or ā¯‘computed on full value less liens and encumbrances remaining at time of sale. File # ABA203%-00204 ā¯‘Unincorporated Area City of FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF ANAHEIM, a municipal corporation ( "Grantor ") HEREBY REMISES, RELEASES, and GRANTS to MOSTAFA NIKNAFS ( "Grantee ") the following described real property in the City of Anaheim, County of Orange, State of California: See Exhibit "A ". Reserving therefrom a blanket easement for public utility and telecommunication purposes to construct, reconstruct, install, replace, reconfigure, operate, maintain, repair, relocate, remove, inspect, observe, and study Grantor's facilities, equipment, and related appurtenances in, on, over, under, upon, above, along and across the land in the City of Anaheim, County of Orange. State of California, described in Exhibit "A" attached hereto and incorporated by reference herein, together with all rights of ingress and egress thereto, including the right to enter onto said easement with such vehicles, machinery, and equipment as may be necessary or convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation, maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, equipment, and appurtenances. (Space Above Line For Recorder's Use Unly) Except as otherwise provided herein, Grantor has the right to prevent any activity on or use of the easement area that is inconsistent with the purposes of this easement. Grantee agrees not to construct any improvements within the easement area that would impede the Grantor's rights as defined herein. Grantor will backfill to grade, pay reasonable costs of removal, repair or restoration, of grass or asphalt only within the easement area affected by work performed by Grantor in furtherance of the rights ranted herein. DATED: CITY OF ANAHEIM a municipal corporation MA OR ATTEST: CI CLERK