56R-3598
RESOLUT ION r-J!). 3598.
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A R~SOLUTION OF THE CITY COUNCIL OF THE CITY
OF .'\NAHE H,~ AUTHOR I Z ING THE PURCHA.SE AND
,\CQUISITION OF CcRT/dN HEAL PROPERTY FOR
PUBLIC Pl~POSES; ACCEPTING A G~\NT DESD CON-
VEYIIIG S;UD PROPERTY TO THE CITY OF .L'.NliliEIM;
A~m AUTHORIZING THE CITY ATTORNEY TO DISMISS
THE PEND ING COHDEM]\Lc\. T ION SUI T 1 'I I TH REGARD TO
SA ID PROPERTY.
1'!HEREAS, by its Resolution No. 2980, entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DETERMINING THE NECESSITY FOR, AND DIRECTING THE ACQUISI-
TION BY 2MINENT D~~IN OF, RS~L PROPERTY FOR THE PUBLIC
PARKING OF MOTOR VEHICLES," the City Council did declare
the necessity for the acquisition of the real property
hereinafter described; and
'.iHEHE.A.S, rursuant to said resolution a suit in
eminent domain was cornJ'lenced on ~bvember 17, 1955, in the
Superior Court of the State of California, in and for the
County of Orange, entitled "City of Anaheim, a I'Jlunicipal
Corporation or the Sixth Class, Plaintiff, vs. Henry A.
Nivens and Willie Agnes Nivens, husband and wife; Bank of
America National Trust and Savings Association, a National
Panking Corporation; The Savings, Loan and Building Associa-
tion of Anaheim, a Corporation; John Doe; Jane Doe; John
Doe I; J2ne ')oe I; John l'oe II; Jane Doe II; John Doe III;
Jane Doe III; John noe IV; Jane ~oe IV; John Doe V; Jane
Doe V; John Ooe Company, a Corporation; and John Doe
Company I, a Copartnership, Defendants," Cause No. 67066;
2nd
\'fHERE.I\.5, HenryA. Nivens and lilillie Agnes Nivens,
husband 8,nd wife, are the owner s of the hereinafter de-
scribed real property, which is the property described in
Resolution No. 298c hereinabove referred to; and
"fHERF.J\S, said owners have offered to sell said
property to the City of Anaheim for the sum of $12,500
cash, lawful money of the United States; and
V!HER.Ei\S, the Ci ty Counci 1 does find that said
price of $12,500 is reasonable and not out of proportion to
the fair market value of said property and, therefore,
should be accepted; and
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11IHERE.II..S, in connection wi th negotiations for settle-
ment of the condemnation suit and the acquisition of said
property 0Y the City of ~naheim, an escrow has been entered
into with Henry A. Nivens and Willie Agnes Nivens, husband
and wife, at Home Savings and Loan Association, 211 East
Center Street, Anaheim, California, Escrow No. l2-l228-A,
subject to the approval of the City Council of the City of
Anaheim; and
'.'fHER.E!\.S, soid Home Savings and Loan Association is
now ready to close said eScrow and a deed has been prepared
conveying said property to the City of Anaheim free and clear
of all encumbrances, except all covenants, conditions, re-
strictions, reservations, rights, rights of way and easements
of record.
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NOW, THEREFORE, P2 IT RESOLVED by the City Council
of t'lC City of Anah,dD that the deed conveying the following
iescrihed real propprty, which is the property described in
Resolution No. ?g8C her~inahove referred to, situated in the
City of Anaheim, County of Orange, State of California, to wit:
The south rectangular 75 feet of Lot 25 of
Vineyard, Lot s-5, as shown on a T:1ap thereof
recordod in Book 1, Pages 550 and 551,
Miscellaneous Records of Los Angeles County,
Cal i.fo'rnin,
to the City of /maheim, free and clear of all encumbrances
except all covenants, conditions, restrictions, reservations,
rights, rights of way ana easements of record, be, and the
same is hereby, accepted by the City Council of the City of
!~I.nahp.im.
BE IT FURTHER RESOLVED that the City Treasurer be,
and she is hereby, authorized to deposit in escrow at said
Home Savinos and Loan Association the sum of $12,500 cash,
lawful mon~y of the United States; and that said escrow
hoider be, and it is hereby, authorized to deliver to said
Vendors the amount of $12,500 so deposited in escrow, and
representing the purchase price for said property, when all
conditions of said escrow have been met and complied with.
AND BE IT F1JRTHER RESOLVED that the sell ers shall
pay the usual and customary sellers' charQes for furnishing
a policy of title insurance necessary to show title vested
in the City of Anaheim, as provided for in said Escrow No.
12-1228-A hereinabove referred to, anc that the City of
Anaheim shall pay the usual buyer's share in the purchase of
said property.
R~ IT fURTHER RESOL~~C that the City Attorney be,
And he is hereby, authorized and directed to dismiss the
suit in eminent domain COT:1manced on November 17, 1955, en-
titled "City of Anabeim, a Municipal Corporation of the
Sixth Class, Plaintiff, vs. Henry A. Nivens, et al.,
~efendants," Cause No. 67066, in the Superior Court of the
State of California, in and for the County of Orange.
THE fOREGOING RESOLUTION is approved and signed by
me this 6th day of ~ecember, 1956.
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l''It\.YOR PRO tD~ Of THE ITY OF' ANAHE 1M
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C 1 Y CLERJ{ OJ;' TH~ CITY OF' ANAHE 1M.
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
ss.
,
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution was duly passed and adopted
at an adjourned regular meeting of the City Council of the City of
Anaheim, held on the 6th day of December, 1956, by the following vote
of the members thereof:
AYES:
NOE3:
AB3ENT :
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Coons, Fry, Schutte and Wisser.
None.
Pearson.
AND I FURTHER CEl?I'IFY THAT the Mayor Pro Tern of the City of
Anaheim approved and signed said Resolution on the 6th day jof December,
1956.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 6th day of December, 1956.
i1J~ 7:J{ ~~
CITY ClERK OF THE CITY OF ANAHEIM
(SFAL)
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