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58R-4915 '.Jl.o.. RESOLUTION NO. 4915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE RJRCHASE AND ACQUI- SITION OF CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. WHEREAS, James M. Beatty and Ramona Martin Beatty 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 $7.000.00 per acre, cash, based on an acreage figure to be furnished and approved by the sellers and the City of Anaheim; and WHEREAS, the City Council does find and determine that public convenience and necessity require the purchase and acqui- sition of said 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 James M. Beatty and Ramona Martin Beatty to sell all that certain real property situated in the County of Orange, State of California, described as follows. to wit: Parcell: The South 33 feet of the East 330 feet of the following described property: The East one-half of the North one-half of the Northwest quarter of the Northeast quarter of Section 12. Township 4 South, Range 10 West, in the City of Anaheim, County of Orange, State of California, S.B.B. & M. Parcel 2: The Easterly one-half acre of that portion of the North one-half of the South one-half of the Northwest quarter of the Northeast quarter of Section 12 in Township 4 South, Range 10 West, S.B.B. & M., in the City of Anaheim, County of Orange, State of California, lying North of the center line of the right of way of the Anaheim Union Water Companyts Main Canal. EXCEPTING that portion included in the right of way of the said Anaheim Union Water Company. .- ALSO EXCEPTING from said Parcels 1 and 2 one-half of all oil, minerals and hydrocarbon substances of every kind that may 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 purpose 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 $7.000.00 per acre, cash, based on an acreage figure to be furnished and approved by the sellers and the City of Anaheim, be, and the same is hereby accepted subject to the following terms and conditions: -1- ,,~. 1. That subject property shall be conveyed to the City of Anaheim free and clear of all encum- brances except all taxes for the fiscal year 1958-59, and covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. 2. Sellers shall retain the 1959 crops and will harvest same prior to August 15, 1959, unless such date is changed by mutual agreement. 3. Sellers may remove the small citrus trees recently planted. 4. Taxes shall be pro rated at the close of escrow. 5. This escrow shall be closed concurrently with Escrow No. 259883-MGL, Sr., at Title Insurance and Trust Company entered into by the City of Anaheim with J. H. Beatty. 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 Title Insurance and Trust Company, 800 N. Main Street, Santa Ana, California. BE IT FURTHER RESOLVED that the City Finance Director be, and she is hereby, authorized and directed to pay into escrow at Title Insurance and Trust Company, the sum of $7,000.00 per acre, cash, for said property, based on an acreage figure to be furnished and approved by the sellers and the City of Anaheim, to be paid to James M. Beatty and Ramona Martin Beatty, 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 insurance issued by the Title Insurance and Trust Company showing said property vested in the City of Anaheim as hereinabove specified. 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. THE FOREGOING RESOLUTION is approved and signed by me this 9th day of December, 1958. ~ /.) , fA' ~~~ (f', <<-QQ_/L-~itEn MAYOR OF THE CITY OF ANAH M"-- .- ATTEST: I ~--'-.oJ ,,- ~--"'-'.. _:.- ' ~~~ mf/{ <--"'~~ IT E - OF ~ tftE - - - 1M -2- STATE OF CALIFORNU ) COUIllTY OF ORANGE ) 55. CITY OF .lJWlEIM ) , I, .DENE K. WILLIAMS, City Clerk 0f- the City of Anaheim, do hereby certif'ythat the foregoing rei!lcilution vas introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 9th day of December, 1958, by the following vote: AYES: COUlfCILMEN: Pearson, !Borden, Fry, Schutte and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resollItion on the 9th day of . Deoeawer, 1958. IN WITNESS WHEREOF, I bave .berewito set my hand and affixed the ofticiilJ. seal of the City of Anaheim this 9th day of December, 1958. I( ,--- ,ut'+. )-, ~~~A::-~ )?/, I;/~/~~___/e:- -~ #K-_/) CITY CLERK OF THE CITY OF ANAHEIM (SEAL) ,