1960-5991RESOLUTION NO. 5991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE PURCHASE AND ACQUI-
SITION OF CERTAIN REAL PROPERTY FOR MUNICIPAL
PURPOSES.
Right -of -Way
Finance
WHEREAS, JACOBO MALER, a single man, CLARA MALHER,
a single woman, and ISIDORO MALHER, a single man, 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 Parcel
No. 1, first hereinafter described, to the City of Anaheim
for the sum of $130,052.00 cash, lawful money of the United
States; and
WHEREAS, said owners have offered to grant to the
City of Anaheim an option for a period of one year commencing
April 19, 1960 to purchase Parcel No. 2, hereinafter described,
for the sum of $110,383.00 cash, lawful money of the United
States, together with interest thereon at the rate of 5% per
annum from April 19, 1960 to date said option is exercised;
and
WHEREAS, the City Council does find and determine
that public convenience and necessity require the purchase
and acquisition of Parcel No. 1, of the hereinafter described
property, and the acquisition of an option to purchase Parcel
No. 2, hereinafter described, and that such acquisitions are
for the best interests of the City of Anaheim, and that the
price which the owners thereof are willing to accept for
Parcel No. 1, together with the price for which they are
willing to grant to the City an option for the purchase of
Parcel No. 2 are fair and reasonable;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the offer of JACOBO MALER, a single
man, CLARA MALHER, a single woman, and ISIDORO MALHER, a single:
man, to sell Parcel No. 1 of the real property situated in the
City of Anaheim, County of Orange, State of California, described
as follows, to wit:
PARCEL NO. 1:
All that certain real property in the City of
Anaheim, County of Orange, State of California,
being the West half of the West half of the East
half of that portion of the Northeast quarter of
Section 7, Township 4 South, Range 10 1AAest 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, Records of said
County, lying Southerly of the Southerly line of
Tract 1202, per map thereof recorded in Book 37,
Pages 27 and 28 of Miscellaneous Naps, Records of
said County, and Northerly of the centerline of
Crescent Avenue, as said centerline is shown on
the map filed in Book 41, Page 26 of Record of
Surveys, Records of said County. Containing an
area. of 10.004 acres, more or less.
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for the sum of $130,052.00 cash, lawful .money of the United
States, be, and the same is hereby accepted, subject to the
following conditions:
1. General and Special County and City Taxes
for the fiscal year 1960 -61, a lien not
yet payable.
2. The reservations for roads, railroads, and
ditches of a strip of land 15 feet wide along
and adjoining each side of the quarter section
lines, and the reservation of the use and
control of cienagas and natural streams of
water, if any, naturally upon, flowing across,
into or by said tract, and the right of way
for and to construct irrigation or drainage
ditches through said tract to irrigate or
drain the adjacent land.
3. An easement over the Westerly 6 feet of the
Southerly 300 feet of said land for pole
lines and incidental purposes as granted to
Southern California Edison Company by Deed
recorded October 18, 1950 in Book 2086,
Page 3260, Official Records.
BE IT FURTHER RESOLVED that the offer of said owners
to grant to the City of Anaheim an option, for a period of one
year commencing April 19, 1960, to purchase Parcel No. 2 of
the real property situated in the City of Anaheim, County of
Orange, State of California, described as follows, to wit:
PARCEL NO. 2:
All that certain real property in the City of
Anaheim, County of Orange, State of California,
being the East half of the West half of the East
half of that portion of the Northeast quarter of
Section 7, 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, records of said
County, lying Southerly of the Southerly line of
Tract 1202, per map thereof recorded in Book 37,
Pages 27 and 28 of Miscellaneous Maps, records of
said County, and Northerly of the centerline of
Crescent Avenue, as said centerline is shown on
the map filed in Book 41, Page 26 of Record of
Surveys, records of said County. Excepting the
Easterly 120.00 feet of the Northerly 54d.00
feet thereof. Containing an area of 8.491 acres,
more or less.
for the sum of $110,383.00 cash, lawful money of the United
States, plus interest thereon at the rate of 5% per annum from
April 19, 1960 to date said option is exercised, be, and the
same is hereby accepted, subject to the same conditions,
easements, reservations and rights of way affecting Parcel
No. 1, hereinabove mentioned and described, which said option
shall be executed by said owners and delivered into the escrow
for the purchase of Parcel No. 1, and delivered to the City at
the close of said escrow, and that the consideration for said
option shall be the sum of $1.00 and other valuable considera-
tions.
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BE IT FURTHER RESOLVED that the City Attorney 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 the acquisition of said
option and to enter into an escrow with the owners of said pro-
perty at California Bank, Anaheim Office, Anaheim, California.
BE IT FURTHER RESOLVED that the City Auditor be,
and he is hereby, authorized to deposit in escrow at California
Bank, Anaheim Office, Anaheim, California, the sum of $130,052.00
cash, lawful money of the United States to be paid to the owners
of Parcel No. 1 of said real property when a deed conveying
said Parcel No. 1, first hereinabove described, to the City of
Anaheim free and clear of all encumbrances, except as herein
above set forth, can be recorded and a policy of title insurance
issued by Title Insurance and Trust Company showing said pro-
perty vested in the City of Anaheim free and clear of all en-
cumbrances, except as hereinabove specified, and is authorized
to deposit in said escrow the sum of $1.00 payable to said
owners when the option hereinabove referred to, properly executed,
can be delivered to the City of Anaheim.
BE IT FURTHER RESOLVED that the City of Anaheim shall
pay all escrow and title charges for the furnishing of a policy
of title insurance necessary to show title vested in the City
of Anaheim as herein provided.
THE FOREGOING RESOLUTION is approved and signed by
me this 3rd day of Fay, 1960.
AT ST:
kCLE
CITY GF
STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF ANAHEIM
(SEAL)
ABSENT: COUNCILMEN: None.
I, DENE V. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and
adopted at a regular meeting of the City Council held on the 3rd
day of Fay, 1960, by the following vote of the members thereof:
AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson
and Schutte.
NOES: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 3rd day of
May, 1960.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 3rd day of May, 1960.
CITY CLERK OF THE CITY OF ANAHEIM