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59R-5578 RESOLUTION NO. 5578 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIi'vT AUTHORIZING THE PURCHASE AND ACQUI- SITION OF CERTAIN REAL PROPERTY FOR ~lliNICIPAL PURPOSES. WHEREAS, FRANK T. IV'DRENO and GERJlriAINE A. MORENO, husband and wife, are the owners of the hereinafter described real property situated in the City of Anaheim, County of Orange, State of California; and WHEREAS, said owners have offered to sell said property to the City of Anaheim for the sum of $19,500.00 cash, lawful money of the United States; and WHEREAS, the City Council does find and determine that public convenience and necessity require the purchase and acqui- sition of said parcel of real property for municipal purposes, and that the price which the owners thereof are willing to accept is reasonable and not out of proportion to the fair market value of said property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the offer of FRANK T. MORENO and GERMAINE A. MORENO, husband and wife, to sell to the City of Anaheim all that certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: That portion of Section 9, Township 4 South, Range 10 West, San Bernardino Base and Meridian, described as follows: Beginning at the Northeast corner of Lot 3, as shown on a map of a portion of said Section 9 made for F. W. Fleischmann, recorded in Book 1, Page 56, Record of Surveys, in the office of the County Recorder of said Orange County; running thence South along the East line of said Lot 3, 386.05 feet; thence Westerly, and parallel with the North line of said lot, 315 feet, which line is also the South line of that certain parcel of land conveyed to Earl R. Bushard, by deed recorded in Book 21, Page 375, Official Records, in the office of the County Recorder of said county, and which point is herein designated as the true point of beginning; thence Southerly on a line parallel with the East line of said lot, and distant 315 feet therefrom a distance of 240 feet; thence Southwesterly a distance of 380.3 feet to a point in the West line of said Lot 3 which is distant 743.75 feet South from the Northwest corner thereof; thence North along the West line of said Lot 3, a distance of 357.7 feet; thence East on a line parallel with the North line of said lot, and distant 386.05 feet therefrom a distance of 362 feet to the true point of beginning. EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY that lies Southeasterly of B line that is parallel with and distant 50.00 feet Northwesterly of the following described line: Commencing at the center line inter- section of West North Street and LoarB Street in the -1- City of Anaheim, County of Orange, State of California as said intersection is shown in County Surveyor's Trans it Book 116, Page 37 on file in the off ice of the County Surveyor of said county on December 12, 1957; thence North 00 33' 10" West along said Loara Street center line 509.65 feet to the true point of beginning of the line to be described; thence from said true point of beginning North 540 18' 1211 East, 1176.44 feet to the beginning of a curve, tangent, concave Northwesterly and having a radius of 1000.00 feet; thence North- easterly along said curve through a central angle of 170 27' 3911 an arc distance of 304.75 feet to a line tangent; thence North 360 50' 3311 East, 472.16 feet along said tangent line to the beginning of a curve, tangent, concave Southeasterly and having a radius of 800.00 feet; thence Northeasterly along said curve through a central angle of 350 51' 04" an arc distance of 500.58 feet to a line tangent; thence North 720 41' 37" East, 815.21 feet along said tangent line to a point in the center line of La Palma Avenue distant thereon North 890 35' 40ft East, 1002.15 feet from the center line of North West Street (south) as shown in County Surveyor's Transit Book 136, Page 48 on file in the office of the County Surveyor of said county on December 12, 1957. for the sum of $19,500.00 cash, lawful money of the United States, be, and the same is hereby accepted, subject to the following conditions: 1. That subject property shall be conveyed to the City of Anaheim free and clear of all encumbrances except all general and special taxes for the fiscal year 1959-60, and any special district levies, payment of which is included therein and collected therewith; and covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. 2. That the Sellers shall furnish the City of Anaheim a survey of the above described property, including legal description and plat, and pay the costs of said survey. BE IT FURTHER RESOLVED that the City Manager of the City of Anaheim be, and he is hereby, authorized for and on behalf of the City of Anaheim to sign escrow instructions for the purchase of said real property, and to enter into an escrow with the owners of said property at California Bank, Anaheim Office, Anaheim, California. BE IT FURTHER RESOLVED that the City Auditor be, and he is hereby, authorized to deposit in escrow at California Bank, Anaheim Office, Anaheim, California, the sum of $19,500.00 cash, lawful money of the United States, to be paid to FRANK T. MORENO and GERMAINE A. MORENO when a deed conveying said property to the City of Anaheim, free and clear of all encumbrances, except as hereinabove set forth, can be recorded and a policy of title in- surance issued by a reputable title company, showing said property vested in the City of Anaheim free and clear of all encumbrances, except as hereinabove specified. -2- ""'"-.--~"'".",.,-",...........".~,.,-'.~....~.-..--. ....''''..''''"'".,''''---., BE IT FURTHER RESOLVED that the Sellers shall pay the usual and customary Sellers' charges for furnishing a policy of title insurance necessary to show title vested in the City of Anaheim, as herein provided, and that the City of Anaheim shall pay the usual Buyer1s share in the purchase of said property. THE FOREGOING RESOLUTION is approved and signed by me this 27th day of October, 1959. MA,aFI~t c~ ATTEST: / ~ ,"/t. "t'tlM'7~~ . /-.-' 'ER1t OF TH I 0 Amm: 1M STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 27th day of October, 1959, by the following vote: AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCI LMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 27th day of October, 1959. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of October, 1959. j . . .' ~rl"~Lt:'/( OF <:riI~~EIM (SEAL ) -3-