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59R-5030 - - RESOLUTION NO. 50.30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PURCHASE AND ACQUI- SITION OF CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. WHEREAS, Florence H. Spencer, a widow, is the owner of the hereinafter described real property situated in the City of Anaheim, County of Orange, State of California; and WHEREAS, said owner has offered to sell Parcels Nos. 1 and 2 first hereinafter described, together with an option on the remaining parcels of real property described herein, to the City of Anaheim for the sum of $26,100.00 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 parcels of real property for municipal purposes, that the option on said remaining parcels is for the best interest of the City of Anaheim, and that the price which the owner thereof is willing to accept for Parcels Nos. 1 & 2 first hereinafter described, together with said option, is reasonable and fair; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the offer of Florence H. Spencer, a widow, to sell those certain parcels of real property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: PARCEL 1: The Southerly 190.74 feet of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 13, Township 4 south, Range 11 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 11 of Miscellaneous Maps, in the office of the County Recorder of said county. PARCEL 2: An undivided 3/120th interest in the following described property: ~"' Beginning at the Northeast corner of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 13, Township 4 South, Range 11 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 11 of Miscellaneous Maps, in the office of the County Recorder of said county; thence Southerly 348.00 feet to the point desig- nated herein as the point of beginning; thence at right angles Westerly 192.00 feet; thence at right angles Southerly 40.00 feet; thence at right angles Easterly 20.00 feet; thence at right angles Northerly 30.00 feet; thence at right angles Easterly 172.00 feet, more or less, to the east boundary line of the said Northeast Quarter of the Northeast Quarter of said Section 13; thence at right angles Northerly 10.00 feet to the point of beginning. -1- - ,,-... together with an option on the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL 1: The Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 13, Township 4 South, Range 11 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 11 of Miscellaneous Maps, in the office of the County Recorder of said county. EXCEPTING THEREFROM the Southerly 190.14 feet thereof. PARCEL 2: An undivided 1/120ths interest in the following de- scribed property: Beginning at the Northeast corner of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 13, Township 4 South, Range 11 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 11 of Miscellaneous Maps, in the office of the County Recorder of said county; thence Southerly 348.00 feet to the point desig- nated herein as the point of beginning; thence at right angles Westerly 192.00 feet; thence at right angles Southerly 40.00 feet; thence at right angles Easterly 20.00 feet; thence at right angles Northerly 30.00 feet; thence at right angles Easterly 112.00 feet, more or less, to the east boundary line of the said Northeast Quarter of the Northeast Quarter of said Section 13; thence at right angles Northerly 10.00 feet to the point of beginning. for the sum of $26,100.00 cash, lawful money of the United States, be and the same is hereby accepted, SUbJect to the following conditionsl That with reference to Parcels Nos. 1 and 2 first hereinabove described, the following shall apply: 1. That subject property shall be conveyed to the City of Anaheim free and clear of all encumbrances except the second half of the general and special taxes for the fiscal year 1958-59; and covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. 2. That the taxes and insurance shall be pro rated at the close of escrow. /,.,-...-.... 3. That Seller shall retain the citrus crop on subject property, which matures in 1959, and shall have until September 1, 1959 to harvest said crop; and Seller shall pay all expenses of cultivating and irrigating, and other expenses incurred for main- taining said grove until September 1, 1959, after -2- - - which time the City of Anaheim shall assume all responsibility and expense in the care and mainte- nance of said grove. 4. That the City of Anaheim may remove certain trees in the most southerly row of the grove on subject property, which trees to be removed have heretofore been agreed upon by the Seller and the City outside of escrow. That with reference to the remainder of said property hereinabove described the Seller shall make, execute and deliver into escrow an option, giving and granting to the City of Anaheim an option to purchase said property, which said option shall remain in force until the 31st day of January, 1960, and may be exercised by the City of Anaheim at any time between the 1st and 31st days of January, 1960, but not prior thereto; and which option agreement shall be delivered to the City of Anaheim at the close of escrow. 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 option and to enter into an escrow with the owner of said property at Orange County Title Company, 421 North Main Street, Santa Ana, California. BE IT FURTHER RESOLVED that the City Auditor be, and he is hereby, authorized to deposit in escrow at Orange County Title Company, 421 North Main Street, Santa Ana, California, the sum of $26,100.00 cash, lawful money of the United States, to be paid to the owner of said real property when a deed conveying Parcels Nos. land 2 first hereinabove described to the City of Anaheim, free and clear of all encumbrances, except as hereinabove set forth, can be recorded and a policy of title insurance issued by Orange County Title Company showing said property vested in the City of Anaheim free and clear of all encumbrances, except as hereinabove specified, and when the option hereinabove referred to, properly executed, can be delivered to the City. BE IT FURTHER RESOLVED that the Seller shall pay the usual and customary Sellerls 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. THE FOREGOING RESOLUTION is approved and signed by me this 10th day of February, 1959. MAYO~ c~ .,..-.,.. ATTEST: J . . .. ;~ /jfe,;t ~~-~ 'CITY CLERK OF TJ1E CITY OF ANAHEiM -3- , ,..",.,; BrATE OF CALIFORNIA ) COUNTY OF OiANGE ) ss. CITY OF ANABElM ) " I, DENE M. WILLIAMS, City Clerk ot the City ot Anaheim, do hereby c,rtify that the toregoing resolution was introduced -.nd adopted. at a regular meeting provided by law of the City Council ot the Cit,. of Anah., held on the lOth da;r of February, 1959, by the f'ollClwing nte: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte NOES: COUNCIIJoIEN: None ABSENT: COUNCIIJ!EN: None AND I FURTHER CERrIFY that the Ma,.or of the City of !nab.. approved and signed said res'olution on lthe lOth day ot hbri*ry, '1959. IN WrI:NESS WHlREOF, I have hereunto 'set -.y hand and a:f'fixed the official seal of the City ot Anaheim this lOth day of February, 1959. '" L hr -~~ ...... . " . L ..././,.. '-,4.-/ CITY CLERK. OF THE' C:m'Y OF .ANJ.HElM (SEAL ) "