58R-4706
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RESOLUT ION NO. 4706
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHCR IZlNG THE MAYOR AND CITY CLERK
TO ENTER INTO A LEASE, FOR AND ON BEHALF OF THE
CITY OF ANAHEIM, WITH THE MACrNOLIA SCHOOL DIS-
TRICT FOR THE LEASING OF CERTAIN PERMISES FROM
SAID SCHOOL DISTRICt FOR A PUBLIC PARK AND
PLAYGROUND.
WHEREAS, the Magnolia School District is the owner
of certain real property hereinafter described, consisting
of approximately 8-1/2 acres, and lying adjacent to the
Mattie Lou Maxwell School; and
WHEREAS, the City of Anaheim desires the use of
said property for a public park and playground; and
WHEREAS, the Magnolia School District has offered
to lease said property to the City of Anaheim for a public
park and playground, and the City Council does find and de-
termine that said property is adequate and a suitable loca-
tion for a public park and playground, and that such use
would be to the best interests of the City of Anaheim, the
Magnolia School District, and the general public, and that
said offer should, therefore, be accepted.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that a lease be made and entered into
by the City of Anah~ m with the Magnolia School District of
the City of Anaheim for the leasing from said School District
by the City of the following described property for the pur-
pose of developing and maintaining a public park and play-
ground:
Those certain premises situated in the City
of Anaheim, County of Orange, State of
California, described as follows, to wit:
The West half of the South half of the
Southeast quarter of the Northeast quarter
of Section 13, Township 4 South, Range 11
West, S.B.B. & M.;
EXCEPTING THEREFROM the South 300 feet of
the West 200 feet.
upon the following terms and conditions:
1. That the term of said lease shall be for a
period of 25 years, commencing on the 1st day of July, 1958,
with the privilege and option in the City of Anaheim to re-
new and extend the term for an additional 25 years as here-
inafter provided.
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2. That as a consideration for the execution of
said lease the City of Anaheim shall do and perform the
following acts:
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(a) Construct, develop, maintain and supervise over the
term of said lease, a public park and playground
on said property.
(b) Install, within one year from date of said lease,
an appropriate sprinkling system, lawns, trees,
and basic shrubs.
(c) Prepare and submit to the Magnolia School District
general plans for proposed improvements prior to
the construction or installationiliereof, to be
Jointly approved by the City and said School Dis-
trict.
(d) All improvements, other than lawns, trees, and
basic shrubs shall be made or installed as indicated
on the general plans approved by the City and the
School District, with reasonable diligence.
(e) The City shall allow the Magnolia School District
the full use of said park and playground facilities
for general playground and educational purposes
during school hours.
3. The City of Anaheim shall have an option to re-
new said lease for an additional 25 years in consideration
for continuing to maintain during the term of said lease said
park as a public park and playground and allowing the use
thereof by said School District.
4. The Magnolia School District shall have the
right to terminate said lease whenever it becomes necessary
to use the land hereinabove described for more necessary
school purposes, and in the event said School District elects
to exercise this option and terminate said lease, the City
shall be reimbursed for the cost of the capital improvements
made and installed upon said property, less straight-line
depreciation, based on a 25 year period of depreciation.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be, and they are hereby authorized to enter into said lease
with the Magnolia School District for and on behalf of the
City of Anaheim.
THE FOREGOING RESOLUTION is approved and si gned by
me this 12th day of August, 1958.
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MA:' OR OF THE CITY OF-~IM.
~ST:
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C '~i:ERft OF rAE C~Ai6J.rEIM.
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STATE OF CALIFORNIA)
CDlN'tr OF ORANGE ) 55.
CI IT OF ANAHE 1M )
I, DENEM. WILLIAJIS, City Clerk of the City of
Anabea, do hereby certify that the for~going Resolution
was introduced and adopted at a regular ma,ting of the
City Council of the City of Anaheim, held on the 12th day
. of August, 1958, by the follOl'blg vote of the IlleJllbers there-
ofl
AYES: COUNCILMEN I Pearson., Borden, Fry, Schutte and Coons
NOES I COUlCIIJIEN I None
ABSENT J COUNCILMEN I None
AND I FURTHER CERTIFY that the Mayor eD the City of
Anahea approved and signed said Resolution on the 12th day
of August, 1958.
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IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the C1 ty of AnaheilD this 12th day
of &Ugast, 1958.
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IL-?7CC, ,- /;?(. ri/_vM~y-<O-~-'
CITY CLERK OF THE. CITY Of ANAHEDl
(SEAL)
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