1961-6954RESOLUTION NO. 6954
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE PURCHASE
AND ACQUISITION OF CERTAIN REAL PROPERTY
FOR MUNICIPAL PURPOSES.
WHEREAS, WILLIAM H. MONTAGUE and FRANCES ELIZABETH
MONTAGUE, husband and wife, are the owners of the hereinafter
described real property situated in the County of Orange,
State of California; and
WHEREAS, said owners have offered to sell said pro-
perty to the City of Anaheim for the sum of $152,365.00 cash,
lawful money of the United States; and
WHEREAS, the City Council does find and determine
that public convenience and necessity require the purchase
and acquisition of said real property for municipal purposes,
and that the price which the owners thereof are willing to
accept is reasonable and not out of proportion to the fair
market value of said property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the offer of William H. Montague and
Frances Elizabeth Montague, husband and wife, to sell to the
City of Anaheim all that real property situated in the County
of Orange, State of California, described as follows, to wit:
The Northeast quarter of the Southeast
quarter of the Northwest quarter of
Section 13, in Township 4 South, Range 10
West, San Bernardino Base and Meridian;
EXCEPTING the West 11 feet thereof;
for the sum of $152,365.00 cash, lawful money of the United
States, be, and the same is hereby, accepted subject to the
following terms and conditions:
1. That said property shall be conveyed to the
City of Anaheim free and clear of all encum-
brances except all general and special taxes
for the fiscal year 1961 -62, including any
special district levies, payment of which is
included therein and collected therewith; all
taxes and assessments levied or assessed sub-
sequent to the date the escrow, hereinafter re-
ferred to, is entered into between Buyer and
Sellers; and all covenants, conditions, restric-
tions, reservations, rights, rights of way and
easements of record approved by the City Attorney.
2. That the Sellers shall pay that portion of the
taxes for the fiscal year 1961 -62 on subject
property, from July 1, 1961 to date the deed
to the City of Anaheim is recorded.
-1-
Acc't Officer
R/W
ATTEST:
That the City of Anaheim shall lease said property
to the Sellers for a period of three years from date
the title to said property vests in the City, at a
rental of $4,500.00 per year; and said Sellers shall
be given an option to renew said lease for an addi-
tional two -year period, provided the City of Anaheim
has no immediate need for said property. The City
of Anaheim shall have the right, however, to cancel
said lease upon thirty -day's written notice to the
Sellers and upon payment to the Sellers of out -of-
pocket monies expended for care of the orange grove.
4. That the Sellers shall retain the orchard equipment
and the 1961 orange crop.
BE IT FURTHER RESOLVED that the City Manager and the
City Attorney of the City of Anaheim be, and either of them
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 owners of said
property at United California Bank, Anaheim Office, Anaheim,
California.
AND BE IT FURTHER RESOLVED that the City Auditor be,
and he is hereby, authorized to deposit in escrow at said United
California Bank $152,365.00 cash, lawful money of the United
States, to be paid to the owners of said real property when a
deed conveying said property 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 as hereinabove specified.
AND BE IT FURTHER RESOLVED that the Sellers shall
pay the usual and customary Sellers' charges in the sale of
said property, with the exception of the charges for furnishing
a policy of title insurance necessary to show title vested in
the City of Anaheim, and that the City shall pay the usual
Buyer's charges in the purchase of said property, and the cost
of furnishing 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 6th day of June, 1961.
CI CLER OF THE CITY OF ANAHEIM
r
MA OF E CI OF ANAHEIM
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 No. 6954 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim, held on the 6th day of June, 1961, by the
following vote of the members thereof:
AYES: COUNCILMEN: Chandler, Fry and Schutte
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Coons and Thompson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 6954 on the 6th day of June, 1961.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Anaheim this 6th day of June, 1961.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM