59R-5268
RESOLUTION NO. 5268
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A l<ESOLUTION OF THE CIr.i COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE PURCHASE AND ACQUI-
SITION OF CERTAIN REAL PROPERTY FOR MUNICIPAL
PURPOSES.
WHEREAS, ERICH WINGER and A~~ WINGER, 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 pro-
perty to the City of Anaheim for the sum of $54,684.50 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 mar-
ket value of said property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the offer of ERICH WINGER and ALMA
~iNGER, husband and wife, to sell said property, situated in
the City of Anaheim, County of Orange, State of California,
described as follows; to wit:
That portion of the north half of the
southwest quarter of the southwest quarter
of Section 7, Township 4 South, Range
10 West, in the Rancho Los Coyotes,
City of Anaheim, County of Orange, State
of California, as said section is shown
on a map recorded in Book 51, Page 10
of Miscellaneous Maps, in the office of
the county recorder of said county,
described as follows:
Beginning at the Northwest corner of
said North half; thence North 88. 56'
54" East 550.73 feet along the Northerly
line of said North half to the Northwest
corner of the East 20 acres of the South-
west quarter of the Southwest quarter of
said section; thence South O. 23'03"
East 664.37 feet along the westerly line of
said East 20 acres to the Southerly line
of said North half; thence South 88- 57' 17"
West 552.53 feet along said Southerly line
to the Westerly line of said section; thence
North O. 13' 45" West to the point of be-
ginning.
Said land is shown on a map filed in Book
42, Page 41 of Record of Surveys, in the
office of the county recorder of said
county.
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to the City of Anaheim for the sum of $54,684.50 cash, lawful
money of the United States, be, and the same is hereby accepted,
subject to the following terms and conditions:
1. That the subject property shall be con-
veyed to the City of Anaheim free and clear
of all encumbrances, except all general
and special taxes for the fiscal year 1959-
60, a lien not yet payable; and covenants,
conditions, restrictions, reservations,
rights, rights-of-way and easements of
record.
2. That the Sellers shall have until July 1,
1959, to harvest the 1959 orange crop
on said property.
3. That the City of Anaheim shall have no
interest in the water well situated in
the Southerly 8.4.1 acres of the Seller s'
17 acres, more or less.
4. That the City of Anaheim shall erect a
fence along the Southerly line of subject
property at such time as the land is put
to public use.
5.
That Sellers shall
a record of survey
surveyor.
obtain, at their expense,
made by a licensed
BE IT FURTHER RESOLVED that the City Manager of the
Ci ty 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 e&orow with
the owners of said property at Bank of America, National Trust
and Savings Association, 150 East Center Street, Anaheim,
California.
AND BE IT FURTHER RESOLVhl) that the City Auditor be,
and he is hereby, authorized to deposit in esorow at Bank of
America, National Trust and Savings Association, Anaheim Branch,
150 East Center Street, Anaheim, California, the sum of $54,684.50
cash, lawful money of the United States, to be paid to the owners
of said real property 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 Title Insurance and'Trust Company, Santa Ana,
California, showing said property vested in the City of Anaheim
free and clear of all encumbrances, except as hereinabove speci-
fied.
AND 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 buyer's share in the purchase of said property.
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THE FOREGOING RESOLUTION is approved and signed by
me this 2d day of June, 1959.
((h t. ~L2&
MAYOR. + CITY P JUiAH~
A~'TEs'r :
~.~~~
STATE OF CALIFORNIA
COUNTY OF ORANGE SSe
CI'l'Y OF ANAHEIM
I, DENE M. WILLIM1S, City Clerk or the City or Anaheim,
do hereby certify that the roregoing resolution was introduced
and adopted at an adjourned regular meeting provided by law, of
the City Councilor the City of Anaheim, held on the 2d day or
June, 1959, by the following vote:
AYES:
NOES:
COUNCIIJ{EN: Borden, Coons, Fry, Pearson and Schutte.
COUNCILMEN: None.
ABSENT:
C OUNC ILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City or
Anaheim approved and signed said resolution on the 2d day of
June, 1959.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 2d day
of June, 1959.
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6~RKJ;;. T~~oi "~IM
(SEAL)
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