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RES-2010-073RESOLUTION 2010- 073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING THAT IT IS IN THE BEST INTEREST OF THE CITY TO AUTHORIZE THE SALE OF CITY OWNED PROPERTY LOCATED AT 1051 NORTH PATT STREET AND AUTHORIZE CITY TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH MOSTAFA NIKNAFS (ABA 2009 - 00204) WHEREAS, the City of Anaheim ( "City ") owns that certain property, consisting of approximately 6,967 square feet of unimproved land, located at 1051 North Patt Street, in the City of Anaheim, California (hereinafter "Property "); and WHEREAS, the remnant /surplus Property has been used by the City as a utility substation and is encumbered by various public utilities; and WHEREAS, the Property will be sold "as is ", with a blanket easement reserved for public utility purposes over the entire Property and will limit use of the Property for ingress /egress and parking and /or landscaping so as to not interfere with the public utility easements; and WHEREAS, the Property is no longer required for municipal purposes; and WHEREAS, no agency identified in the Surplus Unimproved Land Act (California Government Code § §54222 - 54232) has, within sixty (60) days of notification by the City, notified the City of its intention to purchase the Property. NOW, THEREFORE, BE IT RESOLVED that the City Council finds and determines, for the above stated reasons, that it is in the best interest of the City to sell the Property and hereby authorizes the sale of the Property, which Property is more particularly described in Exhibit "A ", attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City to enter into a Purchase and Sale Agreement with Mostafa Niknafs for the purchase of the Property described herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of June , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: I NONE uVI,I D ABSTAIN: NONE CITY O AHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY O ANAHEIM 77421.1 /bmorley EXHIBIT A 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 0 02' EAST 167.34; THENCE SOUTH 89 0 57' WEST ALONG THE CENTER LINE OF THE EIGHT -INCH BRICK PARTY WALL AND SAID CENTER LINE EXTENDED 66.57 FEET; THENCE NORTH 0 °15' WEST 12 FEET; THENCE SOUTH 89 °59' WEST 42.48 FEET; THENCE SOUTH 0 EAST 128.95 FEET; THENCE SOUTH 89 0 54' EAST 50 FEET; THENCE SOUTH 0 0 01' 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 0 02' WEST ALONG THE WEST PROPERTY LINE OF PATT STREET 173.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 °02' WEST ALONG SAID WEST LINE OF PATT STREET 50 FEET; THENCE WEST 217 FEET; THENCE SOUTH 23 0 45 WEST (RECORD 67 0 13'04" 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