63-1030
Acctg. Off.
Eng ineeIi.ng
R/W
RESOLUTION NO. 63R-I030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE SALE OF A CERTAIN
PARCEL OF REAL PROPERTY HEREINAFTER DESCRIBED,
AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS
NECESSARY TO CONSUMMATE SAID SALE.
WHEREAS, the City of Anaheim and the City of Fullerton
are the owners of the following described real property situated
in the County of Orange, State of California, to wit:
The North 140.00 feet of the South 170.00 feet
of the West 60.00 feet of the East 90.00 feet
of the East one-half of that Southeast one-
fourth of Section 36, Township 3 South, Range 11
West, S.B.B. & M.
EXCEPT that portion to be dedicated for street
and road purposes.
Said rectangular parcel of property has net
frontages of 40 feet on Orangethorpe Avenue and
120 feet on Magnolia Avenue less a 25-foot
property radius at the street intersection.
AND WHEREAS, said property is not presently needed by
either of said cities for any immediate public use nor municipal
purposes; and
WHEREAS, Socony Mobil Oil Company, Inc. has offered to
purchase said real property, together with the appurtenances
thereto, for the sum of $20,000.00 cash, lawful money of the
United States, $1,000.00 of said amount to be paid upon the
execution of an agreement for the sale and purchase of said
property by the Cities of Anaheim and Fullerton, as Sellers, and
Socony Mobil Oil Company, Inc., as Buyer, and the balance of said
amount to be paid at the close of an escrow to be entered into by
said parties; and
WHEREAS, the Cities of Anaheim and Fullerton desire to
accept said offer and sell said real property; and
HHEREAS, a form of agreement for the sale and. purchase
of said real property has this day been submitted to the City
Council of the City of Anaheim, a copy of which is attached
hereto and made a part hereof, which agreement the City Council
finds would be for the benefit and best interest of the City of
Anaheim and. should be approved.
NOW, THEliEFOP~, BE IT RESOLVED by the City Council of
the City of Anaheim that the offer of Socony Mobil Oil Company,
Inc. to purchase the hereinabove described property upon the
terms and conditions and for the amount set forth in that certain
agreement this day submitted to the City Council to be made and
entered into between the Cities of Anaheim and FUllerton, as
Sellers, and Socony Mobil Oil Company, Inc., as Buyer, a copy
of which agreement is attached hereto and made a part hereof, be,
and the same is hereby accepted by the City of L\naheim and said
a~reement is hereby approved and the Mayor and City Clerk are
h~reby_author~zed to execute the same for and on behalf of the
c:_ ty at l\nahel.ffi.
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BE IT FURTHER i'(ESOLVED that the City Manager or the
Hayar and City Clerk be and they are hereby authorized to
execute f!.ny and all othe~(~ documents necessary to conSUtmnate the
sale of said real property.
THE FOP~GOING P~SOLUTION is approved and signed by me
this 24th day of December, 1963.
.ATTJ~ST :
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CITY CLERK OF THE CITY OF ANL~EIM
STATE OF CALIFOI{NIA )
COUNTY OF ORA1~GE ) s s .
CITY OF ANAHEIM )
I, DENE N. ~vILLIAMS, City Cler~c of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and
adopted at a regular meeting of the City Council held on the 24th
day of December, 1963, by the following vote of the members
thereof:
AYES:
COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
AND I FURTHEF: CERTIFY that the Mayor of the City of
Imaheim approved and signed said resolution on the 24th day of
December, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of i\naheim this 24th day of December,
1963.
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(SEAL)
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1 AGREEMEH! POIi SALE AND PURCHASB OF REAL PROPD'fY
· 2 THIS AGRiZKEN'l' aade this _ day of , 1963
3 by and between the CITY OP FULLERTON and the CITY OF ANAHEIM,
4 hereinafter tor convenieace only 60metlaes ~er.~ed to 88 .SELLER-
5 aDd SOCOlY MOBIL OIL COMPAI', INC., here1nafter for conyen1.nee
6 oBly someti.es referred to as "BUYER."
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8 '1. Seller agrees to sell to the Buyer and the Buyer
9 agrees to purchase of the Seller the following described real
estate with the appurtenances situated im the County of Orange,
S ta t e 0 f Cli Ii f 0 rn i a , to wit:
The North 140.00 feet of the South 170.00 feet
of the West 60.00 feet of the East 90.00 feet
of the East one-half of that Southeast one-fourth
of Section 36, Township 3 South, Range 11 West,
S.B.B. & M.
EXCEPT that portion to be dedicated for street and
road purposes. .
Said rectangular parcel of property has net
frontages of 40 feet on Orangethorpe Avenue and
120 feet on Magnolia Avenue less a 25-foot
property radius at the street intersection.
2. The terms and conditions of this contract are
a. followss
a. The purchase price is Twenty Thousand Dollars
($20,000) to be paid as follows:
1. One rphousand Dollars ($1,000) the
,
~eceipt of which is hereby acknowledged
shall be paid upon execution of this
Agreement by Buyer.
ii. The balance of the purchase price shall
be paid at the close of the escrow
described below.
b. The sale shall be completed through an escrow to
be opened by Buyer within thirty (30) business day.,
aDd Saturdays and Sundays are hereby defined a. not
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being busin... daT8, fro. the da7 of acceptance ot
this Agree.ent, -aid escrow to be held b1 a title
Oo.pany or eeorow agenC7 Bat1sfactor7 to Seller in
the Count1 of Orange, State of California on the
follow1ng terms and conditions and Seller and BU1er
shall 1"'diate11 execute the same.
1. The escrow shall be for 120 days.
ii. At the opening of escrow, Buyer shall
deposit such sum as the escrow holder
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may require as security or other use
by escrow to discharge the performance
of its escrow duties as charges to be
borne br Buyer pursuant to the terms and
conditions of this Agreement.
iil. ~itle to the real property shall be
delivered to Buyer free and clear excepting
covenants, conditions, restrictions, ease-
ments, rights and rights of way or record
all of which shall be subject to the
approval of Buyer within 14 dars of a
receipt of a preliminary title report to
the end that Buyer, 1s assured he can
construct a service station facility and
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appurtenances thereto on said property.
iv. Buyer agrees to obtain at his own expense
an Owner's Policy of Title Insurance in
the full amount of the purchase price
written in favor of Buyer.
Y. Escrow charges, recording fees, revenue
sta.p., etc. shall be borne by Buyer.
Taxes and assessments are to be prorated to
clo.. of escrow.
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1 vi. Possession shall be gi'Yen to Buyer at the
..... close of escrow.
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vii. Seller agrees to deposit into escrow 1ts
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good and sufficient Grant Deed oODye11ng
title and fee simple absolute to Buyer.
viii. During the term of escrow, Burer and
Buyer · sagen ts may enter upon the property
for the purpose of performing engineering
and surveying.
i-x. No brokerage fees are to be paid in thl.
transaction.
x. As a further consideration for this
Agreement, Buyer agrees that it will construe
and pay for off-site Impro'Ye-.nts inoluding
curbs, gutters, sidewalks, relooat1on or
abandonment of utility and water coapany
facilities contiguou8 to the premls.e
conveyed not later than concurrently w1th
the construction of a new aerY1ce atatlon
facility on the premises; that Buyer further
agrees to deposit into escrow, to be trans-
ferred to Seller upon C10S8 of escrow, a
bond or other lawful secur1ty ln the .~unt
established by the City Engineer of the Clty
of Fullerton in favor of City of Fullerton in
guarantee of Buyer's fa1thful performanoe of
this covenant to construct the aforedescribed
off-site improyements.
xio It is understood that Buyer promise. Seller:
(a) To spend time and money to secure
and acquire all necessary permlts
for the construction, operation,
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maintenance of new buildings,
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facilities and driveways ~qu1red
in Buyer's business on the following
described property, and
(b) To acquire title to the following
described property on terms
acoeptable to Buyer within the
120-day escrow period herelnaboye
provided:
A portion of the East half of the Southeast
quarter of Section )6, Township) South,
Range 11 West, S.B.B. & M, described as
follows:
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Beginning at the center line intersection
of Orangethorpe Avenue and Magnolia Ayenue,
said point being the true point of beginning;
thence along the center line of Magnolia
Avenue, North 00 26' 00" West 200.00 feet;
thence parallel wi th th~ center line of
Orangethorpe Avenue, South 89- 36' 00. West
200.00 feet; thence parallel with the center
line of Magnolia Ayenue South.O. 26' 00.
East 200eOO feet to a point in the center
line of Orangethorpe Avenue, lorth 890 )6'
00" East, 200.00 feet to the true pol~t of
beginning.
Excepting therefro. the North 140.00 feet
of the South 170.00 feet of the West 60eOO
feet of the East 90.00 feeto
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it being further ProYlded howeyer, that
if Buyer does not fulfill this coYenant XI
of this Agreement to acquire the parcel
described herein, this Agree.ent shall cease
to be of any further force and effect,
and shall forthwith become null and yold
except for any remedies that any of the
parties hereto, including the escrow holder,
may have acquired pursuant to this Agreement
prior to its termination date as herein
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provided.
c. Buyer shall not assign this Agreement or any interest
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1 therein without the writt8b coDsent ot Seller first
2 had and obtained III1d . eonaOAt to one ."igmieat shall
;:, not be deeaed to be a conaent to 8DT subseq....t
4 ass1gnmento
d. In Case suit shall be brought tor the perfOraaRce
of this Agreement because ot the breach ot the
COTenant herein contained on the part ot Buyer to
be kept and performed, Blq'er shall PIl1 to Seller
a reasonable attorney's tee which shall be tixed
by the Court.
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e. Except in the eTent there are any legal detects in
the title which Cannot be cured by Seller after Buyer
has filed written notice thereof, all as els.-.ere
herein ProTided, if Buyer Shall fail to eoaplete this
PUrchase tor aJl1 reason set rortft, then the SWl ot
#1,000 required to be deposited aDd paid Seller upon
execution of this Agreement as proTided ia coYeDaDt
2.a.i shall be deemed Tested in aDd paid to Seller
and in consideration ot Seller's speDdins time aad
effort, incurring expenses aad as additlaaal ooa.
pensation tor any 10s8 suttered as a conaequene. ot
entering this Agree.ent, but sald aIBOW'lt sball aot:
apply nor be an oft-set to the Pa,ment ot any at:*o...y
fees payable to Buyer to Seller pursuant to OOT8Baat d
hereinabove.
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t. Seller DJakes no agl"eementa or I"epresentatl~ otbel'
than those eXpressly set torth herein, and no DOtltlo
tion or amendment of this Agree.ent s~ll be ett.otlye
or binding on the parties hereto 1U1t11 J'8dJIoed to
wr1tinc and s1gned by the parties aereto.
g. BuJ'er herobl warrants that it 1. lioq.1l'lq the ea!4
parcels desoribed 18 OOYellaDt 1 herell1aboY. top tile
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1 erection, maintenance and operation of new building8,
2 facilities and driveways required by Buyer or BUTer's
3 business, and not for speculation or resale to third
4 persons for other purposes than in this warranty
5 covenant herein contained; that as evidenoe of its
6 compliance with this oovenant of warranty, BuTer
7 will commence and complete the erection, maintenance
8 and operation of new buildings, facilities and driye-
9 ways required by Buyer or Buyer's business within
10 one rear from the date of the execution ot this
11 Agreement in the year and day first above written.
12 IN WITNESS WHEREOF, the undersigned haTe executed
13 this Agreement, the year and day first above writteno
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14 SELLERs
CITY OF FULLERTON, a Municipal
Corporation~
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By
Mayor of the City of Fullerton
ATTEST:
City Clerk of the City of Fullertpn
SELLER :
CITY OF ANAHEIM, a Municipal
Corporation
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By _
Mayor of the City of Anaheim
ATTESTs
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City Clerk of the City of Anaheim
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BUYER a
SOCONY MOBIL OIL COMPANY. IHC.
A New.~. Yorit.. eotpo~e'Cit>t.o ..;.
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By
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By
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1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF ORANGE )
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v
On this
day of
, 1963,
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before me, a Notary Public in and for said County and State I
personally appeared BURTON HERBST, known to me to be the Mayor
and VIRGINIA FITZSIMMONS, known to me to be the City Clerk of
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7 the City of Fullerton, a Municipal Corporation, that executed
8 the within and foregoing AGREEMENT FOR SALE AND PURCHASE OF
9 i REAL PROPERTY I and known to me to be the persons who executed
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101 the within AGREEMENT on behalf of the Corporation therein named,
II! and acknowledged to me that such Corporation executed the same.
121 \.JITNESS MY HAND AND OFFICIAL SEAL:
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Notary Public 1n ~~d for
14! said County and State
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STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
550
On thi.
, 1963, before me,
day of
a Notary Public in and for said County and State, personally
appeared RECTOR L 0 COONS, known to me to be the Mayor and
DENE M. WILLIAMS, known to me to be the City Clerk of the City
of Anaheim, a Municipal Corporation, that executed the within
and foregoing AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY,
and known to me to be the persons who executed the within AG~E-
KENT on behalf of the Corporation therein named, and acknowledged
to me that such Corporation executed the same.
\V'ITNESS MY HAND AND OFFICIAL SEAL:
Notary Public in and for said
County and State
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STATE OF CALIFORNIA )
) SSo
COUNTY OF ORANGE )
On this day of I 1963, before
me, a Notary Public in and for said County and State, personally
appeared
I known to me to be the
and
, known to me
to be the
of SOCONY MOBIL OIL COMPANY. INC.,
a Sew . 'fork . ~\. Corporation; that executed the within and fore-
going AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY, and
known to me to be the persons who executed the within AGREEMENT
on behalf of the Corporation herein named, and acknowledged to
me that such Corporation executed the same, and acknowledged
to me that such Corporation executed the within AGREEMENT pur-
suant to ita By-laws or a Resolution of its Board of Directors.
Wrrtmss MY HAND AND OFFICIAL SEAL:
Notary Public in and for said
County and State