59R-5164
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RESOLUTION NO. 5 164
A RESOLUTION OF THE CITY COUNCIL OF HE CITY OF
AlI.A.HEIH AUTHORIZING THE PlJRCHASE AND ACQUISITION
OF CERTAIN REAL PROPERTY FOR MUNICIPAL FURPOSES:
L'ID RESCINDIliG RESOLUTION NO. lj.914.
WHmRW,AS. J. H. Beatty is the owner of the hereinafter described
real property situated partly in the City of Anaheim. and all in the County
of Orange. State of California; and
WHEREAS. said o\mer has offered to sell said property to the Oit;r
of Anaheim for the sum of $ 98.lj.90.00 cash. lawful money of the United States;
and
W1~W.AS. the City Council does find and determine that public
convenience and necessit;\' require the purchase and acquisition of said
parcel of real property for municipal purposes. and that the pr1ce which
the owner thereof is willing to accept is reasonable and not out of pro-
portion 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 J. H. Beatty to sell to the City of Anaheim
all that certain real property. situated partly in the City of Anaheim.
and all in the County of Orange. State of California. described as follows.
to wit:
!hat portion of the Northwest quarter of the North-
east quarter of Section 12. Township 4 South, Range
10 West. in the Rancho San Juan Cajon de Santa Ana.
partly in the City of Anaheim. all in the county of
Orange. State of California. as per map recorded in
Book 51. Page 10 of Miscellaneous Maps. in the office
of the county recorder of said county. described as
follows:
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Beginning at the Northwest corner of said Northwest
quarter; thence South 00 411 30" West along the West
line thereof 978.28 feet to the true point of begin-
ning; thence North 790 371 00" East 159.75 feet;
thence North 850 Ilj.1 00" East 55.73 feet; thence North
760 281 19" East Ilj..50 feet; thence North 860 261
06" East 116.54 feet; thence North 870 481 45" East
254.85 feet; thence North 780 501 01" East 87.41
feet; thence N06th 690 51' 52" East 117.71 feet:
thence North 6lj. )31 06" East 181.68 feet; thence
North 610 441 30" East 64.82 feet; thence North 750
511 21" East 146.0J feet; thence North 820 12' 17'
East 211.08 feet to the East line of the Northwest
quarter of the Northeast quarter of Section 12;
thence South 00 lj.21 ~7" West 632.13 feet to the
South line of said Northwest quarter of the North-
east quarter; thence North 890 341 32" West 1365.06
feet to the West line of said Northwest quarter of
the Northeast quarter of Section 12: thence North
along said West line 343.67 teet to the true point
of beginning.
EXCEP.r aay portion thereof lying North of the center
line of the right of way of the Anaheim Union Water
Company. as described in decree rendered by the
Superior Court of Orange County. California. February
29. 1916. a certified copy of which decree was
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recorded March 7. 1916. in Book 281. Page 126 of Deeds.
records of said Orange County.
ALSO EXCEPT that portion thereof included within the
following described land: Beginning at a point on
the West line of said Northwest quarter South 00 41t
30" West 970.00 feet from the Northwest corner
thereof. thence North 830 25' 49" East 122.18 feet;
thence North 190 37' 00" East 36.25 feet; thence
North 850 141 00" East 55.73 feet; thence North 760
281 19" East 14.50 feet; thence North 860 26' 06"
East 11.13 feet; thence South 00 lj.1' 30. West 15.00
feet: thence South 270 021 48" West 14.19 feet;
thence South 00 41t 30" West 67.90 feet; thence
North 890 35' 00. West 41.25 feet; thence South
lj.50 251 00" West 32.70 feet; thence North 890 351
00. West 166.85 feet to said West line; thence North
00 lj.l' 3D" East 87.75 feet to the point of beginning.
ALSO EXCEPT therefrom one-half of all oil. minerals.
and hydrocarbon substances of every kind that ~
now or hereafter be found. located. developed or taken
from said land but without the right to use or enter
upon the surface of said land for such plU'pose or to
penetrate or to enter upon said land in any way at
a depth from the surface thereof less than 500 feet.
for the sum of $ 98.490.00 cash, lawful money of the United States be.
and the same is hereby accepted. s.bject to the following terms and
conditions:
1. !hat subject property shall be conveyed to the
City of Anaheim free and clear of all encum-
brances. except all general and specific taxes
for the fiscal year 1959-60. a lien not yet
p~ab1e. and covenents. conditions. restrictions.
reserTations. rights. rights-oi-way and easements
of record.
2. That seller shall transfer two shares of Anaheim
Union Water Compa~ stock to the Oity of Anaheim.
). That seller shall retain the 1959 crop on said
:prOperty and' lib.:allharvellt' S8lll. prior'tO'Aagr1st
15. 1959. unless such date is changed by mutual
agreement of seller and the Oity of Anaheim.
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4. The City of Anaheim agrees to p"y for a cement
block wall to be constructed on the South and
East side of the homesite of the seller. Said
wall to be of the s8IIIe construction and color of
tile as the wall now existing on the North side
of said homesite and of the same height. and
buyer will build said wall when the adjoining
property is developed by the City of Anaheim or
sooner if required to protect sellerts retained
property.
5. The Oity of Anaheim agrees to establish curbs.
gutters and paving in fronts of Seller's home
and in consideration therefor seller will
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dedicate to the City of Anaheim a strip of
land 45 feet in width. measured from the
center line of Sunkist Street for street
widening purposes.
6.
Seller agrees to give the City of Anaheim first
refusal in the event seller later decides to
sell the homesite herein referred to.
7.
Wind machines now on said property are to re-
main the property of the seller.
Seller may remove the small citrus trees recently
planted.
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 s~ escrow instructions for the purchase of said real property
and to enter into an escrO'rT with the owner of said property at Title Insur-
anCe and ~st Company. Santa Ana. California.
8.
AND BE IT FURTHER RESOLVED that the City Auditor be. and he is
hereby. aLthorized to deposit in escrow at Title Insurance and Trust Com-
pany. Santa Ana. California. the sum of $ 98.lj.90.00 cash. la~~ul money of
the United States. to ~e paid to the owner of said real property when a deed
conveying said property to the City of Anaheim free and clear of all encum-
brances. except as hereinabove set forth. can be recorded and a policy of
title insurance issued by Title Insurance and Trust Company showing said
property vested in the City of Anaheim free and clear of all encumbrances
except as herein specified.
AND BE IT YURTHER R3S0LVED that the seller shall pay the usual
and customary seller's charges for furnishing a policy of title insurance
necessary to show title vested in the City of Anaheim. as herein provided,
and that the Ci ty of Anaheim shall pay the usual buyer I s share in the
purchase of said property.
THE FOREGOING RESOLUTION is signed and approved by me this
14th day of April. 1959.
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CITY OF AN.AHEIM
STATE OF CALIFORNIA
COUE"TY OF ORANGE
CITY OF AJAHEIM
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It DENE M. WILLIJU~. City Clerk of the City of Anaheim. do
hereby certify that the foregoing resolution was introduced and adipted
at a regular meeting provided by law. of the City l/louncll of the City of
Anaheim. held on the 14th day of April. 1959. be the following vote:
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}TOES:
COUNClnDm Borden, Coons, Fry, Pearson and
Schutte.
COUNCILMEN None.
AYES:
ABSENT:
COUNCILMEN None.
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AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said resolution on the 14th d.ay of April. 1959.
the
IN WITNESS WHEREOF. I have hereunto set my hand and affixed.
official seal of the City of Anahei~this 14th day of April, 1959.
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;1( -);;r __'-?ld/~~
~LERX CF THE CITY OF ANAHEIM
( SEAL)
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