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1960-5925RESOLUTION NO. 5925 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 5909, AUTHORIZING THE PURCHASE AND ACQUISITION OF CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. WHEREAS, ALBERT H. WISCHNACK, a widower, is the owner of a portion of the following described real property and is acquiring title to the remaining portion thereof: That portion of Lot 15 in Block K of the Kraemer Tract, as shown on a map thereof recorded in Book 12, Pages 87 and 88, Miscellaneous Records of Los Angeles County, described as follows: Beginning at the Southwest corner of the North half of the South half of said Lot 15 and running thence Easterly along the Southerly line of said North half of the South half, 1319.89 feet, more or less, to the Easterly line of said Lot; thence Northerly along said Easterly line 202.10 feet; thence Westerly parallel to said South line of the North half of the South half 1319.91 feet, more or less, to the Westerly line of said lot; thence Southerly along said Westerly line 202.10 feet to the point of beginning; EXCEPTING THEREFROM the South ?5 feet of the West 155 feet thereof. AND WHEREAS, the said Albert H. Wischnack has offered to sell said real property above described to the City of Anaheim for the price of $8,250.00 per acre, or a total sum of $48,320.25 cash, lawful .money of the United States, after he has acquired title to the entire parcel of said property; and WHEREAS, Albert H. Wischnack is also the owner of the following described real property: That portion of Lot 15 in Block K of the Kraemer Tract, as shown on a map thereof recorded in Book 12, Pages 87 and 88, Miscellaneous Records of Los Angeles County, described as follows: Commencing at a point in the Westerly line of said Lot 15, said point being located 202.10 feet Northerly from the Southwest corner of the North half of the South half of said lot and running thence Easterly parallel tc the Southerly line of the North half of the South half, 1319.91 feet, more or less, to the Easterly line of said lot; thence Northerly along said Easterly line 9.90 feet; thence Westerly parallel to said South line of the North half of the South half of Lot 15, 1320.32 feet, more or less, to the Westerly line of said Lot 15; thence Southerly along said Westerly line, 93.06 feet to the point of beginning. -1- on which he has offered to grant to the City of Anaheim a right of first refusal, or right or option to purchase said property at any figure before it is sold to any other party at said figure; and WHEREAS, the City Council does find and determine that public convenience and necessity require the purchase and acquisition of said real property first hereinabove described for municipal purposes, and that the price which the said Albert H. Wischnack is willing to accept is reason- able and not out of proportion to the fair market value of said property; and does further find that the right of first refusal or option hereinabove mentioned is for the best interest of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the offer of Albert H. Wischnack, a widower, to sell all that certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: That portion of Lot 15 in Block K of the Kraemer Tract, as shown on a map thereof recorded in Book 12, Pages 87 and 88, Miscellaneous Records of Los Angeles County, described as follows: Beginning at the Southwest corner of the North half of the South half of said Lot 15 and running thence Easterly along the Southerly line of said North half of the South half, 1319.89 feet, more or less, to the Easterly line of said Lot; thence Northerly along said Easterly line 202.10 feet; thence Westerly parallel to said South line of the North half of the South half 1319.91 feet, more or less, to the Westerly line of said lot; thence Southerly along said Westerly line 202.10 feet to the point of beginning; EXCEPTING THEREFROM the South 75 feet of the West 155 feet thereof. for the sum of $8,320.25 cash, lawful money of the United States, be, and the same is hereby accepted, subject to the following conditions: 1. That a grant deed shall be secured from Louise E. Wischnack, a widow, for a portion of the property hereinabove described, and recorded concurrently with the deed from Albert H. Wischnack conveying the above described property to the City; and that Albert H. Wischnack shall pay all costs in connection with the deed to be secured from Louise E. Wischnack. 2. That subject property shall be conveyed to the City of Anaheim free and clear of all encumbrances except all covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. -2- 3. That there shall be no pro ration of taxes on subject property. BE IT FURTHER RESOLVED that with reference to the following described real property on which a right of first refusal or option is to be granted to the City of Anaheim, said property being described as: Thatlportion of Lot 15 in Block K of the Kraemer Tract, as shown on a map thereof recorded in Book 12, Pages 87 and 88, Miscellaneous Records of Los Angeles County, described as follows: Commencing at a point in the Westerly line of said Lot 15, said point being located 202.10 feet North- erly from the Southwest corner of the North half of the South half of said lot and running thence Easterly parallel to the Southerly line of the North half of the South half, 1319.91 feet, more or less, to the Easterly line of said lot; thence Northerly along said Easterly line 94.90 feet; thence Westerly parallel to said South line of the North half of the South half of Lot 15, 1320.32 feet, more or less, to the Westerly line of said Lot 15; thence Southerly along said Westerly line, 93.06 feet to the point of beginning, the seller shall execute and deliver into escrow, before the close thereof, a right of first refusal or right or option to purchase said property at any figure before it is sold to any other party at said figure, and said right of first refusal or option agreement shall be delivered to the City of Anaheim at the close of escrow. 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 owner of said property at Keystone Savings and Loan Association, 312 W. Center Street, Anaheim, California. BE IT FURTHER RESOLVED that the City Auditor be, and he is hereby, authorized to deposit in escrow at Keystone Savings and Loan Association, 312 W. Center Street, Anaheim, California, the sum of $48,320.25 cash, lawful money of the United States, to be paid to ALBERT H. WISCHNACK when a deed conveying said property first hereinabove described 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 a reputable title company showing said property vested in the City of Anaheim free and clear of all encumbrances, except as hereinabove specified, and when the right of first refusal or option agreement hereinabove referred to, properly executed, can be delivered to the City. AND BE IT FURTHER RESOLVED that the seller shall pay the usual and customary seller's 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 charges in the purchase of said property. THE FOREGOING RESOLUTION is approved and signed by me this 5th day of April, 1960. ATTEST: 4 CLE OF THE CITY ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I Anaheim, do was adopted of the City day of Apri thereof: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of April, 1960. AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 5th day of April, 1960. (SEAL) DENE M. WILLIAMS, City Clerk of the City of hereby certify that the foregoing resolution and passed at a regular meeting provided by law, Council of the City of Anaheim, held on the 5th 1, 1960, by the following vote of the members AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. C n //t. CLERK OF THE CITY OF ANAHEIM