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58R-4914 - RESOLUTION NO. 4914 A RESOLUTION OF mE CITY COUNCIL OF THE CITY OF .A.N.A:HmIM AU'!'HORIZING T.Ellll PORCHASil .AllD .A.C~UISITIOlT OF CERTAIN REAL PROPERTY FOR MUlTICIP.AL PllRPOSJIlS. ~w.~s, J. H. Beatty is the owner of the hereinafter described real property e1tuated partly in the City of Anaheim, and all in the County of Orange. State of California; and ~W.A$, said owner has offered to sell said property to the City of Anaheim for the sum of $7,000.00 per acre, cash based upon a l!U1'Vey (measured from the center line of original SuDkist Street) to be furnished and approTed by Seller and the Ci iy of Anaheim; and WHIRIAS. the City Council does find and determine that public convenience and necessity require the purChase and acquisition of said parcel of real property for municipal purposes. and that the price whiCh the owner thereof is willing to accept is reasonable and not out of proportion to the fair market value of said property. NOW, mEREJ'OBE. BE IT BESOLn::o by the City Council of the City of Anaheim that the offer of J. H. Beatty to sell said property, situated partly in the City of Aneheim, and all in the County of Orange. State of California, described as follows, to wit: All that certain real property, partly in the City of Anaheim, all in the county of Orange, State of California. being that portion of the Northwest quarter (NWf) of the Northeast quarter (NEt) of Section 12, Township 4 South Range 10 West, in the RanCho San Juan Cajon de Santa Ana, as said Section is shown on the 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 Northwest quarter (NWi); thence South 00 411 30" West along the West line thereof 978.28 feet; thence North 790 371 00" East 159.75 feet; thence North 850 14' 00" East 55.73 feet; thence North 7So 28' 19" East 14.50 feet; thence North 860 261 06" East 116.54 feet; thence North 870 48' 45" East 254.85 feet: thence North 780 50' 01" East 87.41 feet: thence North 690 511 52" East 117.71 feet; thence North 640 331 06" East 181.68 feet; thence North 670 441 30n East 64.82 feet; thence North 750 51f 21" East 146.03 feet: thence North 820 12' 17" East 211.08 feet to the East line of the Northwest quarter (NWi) of said Section 12; thence South 00 421 47" West 632.13 feet to the South line of said Northwest quarter (NWt) of ~e Northeast quarter (NEt); thence North 890 )4' 32" West 1365.06 feet to the West line of said Northwest quarter <NWi) of the Northeast quarter (NIt) of Section 12: thence North along said West line 343.67 feet to the point of beginning. EXCEPT homed te of approximately one-half acre in the Northwest corner of said land. the legal description of which is to be furnished by seller. ALSO EXOEPT THEREFROM one-half of aJ.1 oil. minerals and hydrocarbon substances of eTery kind that may now or here- after 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. -1- - c,..-... for the sum of $7,000.00 per acre, cash. based upon a survey (measured from the center line of original Sunkist Street) to be furnished and approved by Seller and the Oity of Anaheim, be, and the same is hereby accepted. subject to the fOllowing terms and conditions: 1. That subject :property shall be conveyed to the City of Anaheim free and clear of all enCWllbrances. except all tues for the fiscal year 1958-59. and covenants, conditions, restrictions, reservations, rights, right8MOf~ and easements of record. 2. That the tues shall be pro rated at the close of escrow. 3. That seller shall transfer two shares of Anaheim Union Water Company stock to the Oity of Anaheim. 4. That seller shall retain the 1959 crop on said property and shall harTest same prior to August 15, 1959, unless such date is changed by mutual agre_ ment of seller and the City of Anaheim. 5. The City of Anaheim agrees to pay 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 same construction and same color of tile as the wall now e%isting on the North side of said homesite and of the sllllle height, and buyer will build said wall when the adjoining property is developed by the City of Anaheim or sooner if reqQired to protect sellers' retained property. 6. The City of Anaheim agrees to establish curbs, gutters and paTing in front of sellersS home and in consideration therefor seller will dedicate to the Oity of Anaheim a strip of land 45 feet in width, measured from the center line of Sunkist Street for street widening purposes. 7. Seller agrees to give the City of Anaheim first refusal in the event seller later deCides to sell the homesite herein referred to. 8. Wind machines now on said property are to remain the property of the seller. 9. Seller ~ remOTe the small citrus trees recently planted. BE IT FURTHER RmSOLVED 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 rellJ. property and to enter into an escrow with the owner of said property at Title Insurance and Trust Company, Santa Ana, California. ,- AND BE IT FUR~ RmSOLVED that the City Auditor be. and he is hereby, authorized to deposit in escrow at Title Insurance and ~st Company, Santa Ana, California. the sum of $7.000.00 per acre, cash, for said property, based upon a survey (measured from the center line of original Sunkist Street) to be furnished and approved by Seller and the City, to be paid to the owner of said real property when a deed conveying said property to the City of Anaheim free and clear of all encumbrances, except as hereinaboTe set forth, can be recorded and a policy of title insurance issued by Title Insurance and Trust Company showing said property vested in the City of Anaheim free and clear of all encumbrances as herein specified. -2- - .Am) :BE IT FURTHER RESOLVED that the seller shall PIQ' the usual and customary sellerts charges for furnishing a policy of title insurance necessary to show title vested in the City of Anaheim. as herein provided. and that the City of .Anaheim shall pay the usual b~er'8 share in the purchase of said property. Tml FOB:iGOING RESOLUTION is signed and approved by me this 9th day of December. 1958. . .:J /~ .... ~> f..' /.,_~ :$--L:e.'/ Qe: r-----t:'l--, MAYOR OF THE CIn OF ANAmlIM. '--- A~T: . M-A- ht. /~__)~~""~<L- CI!'!' CLllRX 0]' THE CIn 0]' AlT.AHEIM. STATE OF CALIFOImI.A. ) couny 0]' ORANGE ) ss. CITY OF ANAHEIM ) I. DENE M. WILLIAMS. City Clerk of the City of Anaheim. do hereby certify that the foregoing resolution vas introduced and adopted at a regular meeting provided by law. of the City Council of the City of Anaheim. held on the 9th d8;r of December. 1958. by the following vote: ADS: COUNCILMEN: Pearson, Borden, Fry, Schutte and Coons NOES: COUNCILMBl!l: None ABSENT: COUNCILMEN: None AND I FORTBlIR ClRTI:n that the MlQ'Or of the City of Anaheim approved and signed said resolution on the 9th dq of December. 1958. IN WITm:SS WH:IllllEOF. I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th dq of December. 1958. ( SEAL) c_ 'i-- ~~ /Jr. Jj////~..~ CITY CLilIlX OF THE CITY OJ' A1!l'AHlIM - -3-