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1954-2549RESOLUTION NO. 25:9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY TO BE USED FOR PLAYGROUND AND RECREATIONAL PURPOSES. WHEREAS, the R. W. Construction Co., a corporation, is the owner of those certain parcels of land situated in the City of Anaheim, County of Orange, State of California, de- scribed as follows, to wit: PARCEL N0. 1 A tract of land lying within the southwest one quarter of fractional Section 5, Township 4 South, Range 10 West, San Bernardino Base and Meridian, and more particularly described as follows: Beginning at the southwest corner of fractional Section 5, Township 4 South, Range 10 West, San Bernardino Base and Meridian, said point also being the intersection of the center lines of Brookhurst Street and La Palma Avenue; thence eastwardly along the southerly line of said Section 5 and the center line of said La Palma Avenue a distance of 1108.73 feet, more or less, to the true point of beginning; thence continuing eastwardly along the southerly line of said Section 5 and the center line of said La Palma Avenue a distance of 550 feet to a point, said point also being the point of intersection of the east line of the west 10 acres of the southeast one quarter of the southwest one quarter of said Section 5 produced; thence N. 0° 21' 35" W. along said easterly line of the west 10 acres of the southeast one quarter of the southwest one quarter of said Section 5 and said line pro- duced a distance of 396.00 feet to a point; thence west- wardly along a line parallel to the center line of said La Palma Avenue a distance of 550 feet to a point; thence S. 0 21' 35" E. along a line parallel to the said easterly line of the west 10 acres of the southeast one quarter of the southwest one- quarter of said Section 5 a distance of 396.00 feet to the point of beginning and containing an area of 5.0 acres. EXCEPTING THEREFROM the southerly 30 feet now being a part of La Palma Avenue. PARCEL NO. 2 A tract of land lying within the southwest one quarter of fractional Section 5, Township 4 South, Range 10 West, San Bernardino Base and Meridian, and more particularly de- scribed as follows: Beginning at the southwest corner of fractional Section 5, Township 4 South, Range 10 West, San Bernardino Base and Meridian, said point also being the intersection of the center lines of Brookhurst Street and La Palma Avenue; thence eastwardly along the southerly line of said Section 5 and the center line of said La Palma Avenue a distance of 1108.73 feet to a point; thence N. 0° 21' 35" W. a distance of 396.00 feet to the true point of beginning; thence con- -1- tinuing N. 0° 21' 35" W. a distance of 399.00 feet to a point; thence eastwardly along a line parallel to the south line of said Section 5 and the center line of sat d La Palma Avenue a distance of 550.00 feet, more or less, to a point, said point also being on the easterly line of the west 10 acres of the southeast one quarter of the southwest one quarter of said Section 5; thence S. 0° 21 35" E. along said east line of the west 10 acres of the southeast one quarter of the southwest one quarter of said Section 5 a distance of 399.00 feet to a point; thence westwardly along a line parallel to the southerly line of said Section 5 and the center line of La Palma Avenue a distance of 550.00 feet, more or less, to the true point of beginning and containing an area of 5.04 acres, more or less. AND WHEREAS, said property described as Parcel No. 1 is needed by the City of Anaheim for use as a playground and recreational area; and WHEREAS, said property described as Parcel No. 2 is considered by the City of Anaheim School District to be neces- sary for a new school site; and WHEREAS, said R. W. Construction Co. has offered to sell, transfer and convey said parcels of land to the City of Anaheim and the School District, in consideration of the sum of Fifty -two Thousand Five Hundred Dollars (452,500.00) in cash, the City's share for Parcel No. 1 being Twenty -six Thousand One Hundred Forty -five and 42/100 Dollars (426,145.142) and the School District's share for Parcel No. 2 being Twenty -six Thousand Three Hundred Fifty -four and 58/100 Dollars (426,354.58); and WHEREAS, the City Council does find and determine that it would be to the advantage and for the best interest of the City of Anaheim to acquire said real property hereinabove described for playground and recreational purposes, and that the offer of the owner thereof to sell said property for the above mentioned sum is not disproportionate 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 R. W. Construction Co. to sell and transfer the real property above described, subject to taxes for the fiscal year 1954 -55, and subject to covenants, conditions, restrictions, reservations, rights, rights -of -way and easements of record, to the City of Anaheim and the Anaheim School District for the sum of 452,500.00, the City's share for Parcel No. 1 being 426,145.42 and the School District's share for Parcel No. 2 being $26,354.58, be and the same is hereby accepted, and that a deed tendered by said R. W. Construction Co. be, and the same is hereby, accepted subject to the conditions hereinafter specified; and BE IT FURTHER RESOLVED that the Mayor 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 acqui- sition and purchase of said real property and premises, and to enter into an escrow with the owner of said property at the Orange County Title Company of Santa Ana, California. BE IT FURTHER RESOLVED that the City Treasurer be, and he is hereby, authorized and directed to pay into escrow -2- at the Orange County Title Company the sum of 426,145.42, lawful money of the United States of America, to be paid to the said R. W. Construction Co. when a deed conveying said property to the City of Anaheim, free and clear of all encumbrances, except taxes for the fiscal year 1954-55, and covenants, conditions, restrictions and public utility easements of record, can be recorded and a policy of title insurance issued by the Orange County Title Company showing said property vested in the City of Anaheim as above set forth. THE FOREGOING RESOLUTION is signed and approved by me this 26th day of October, 1954. ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLI Anaheim, do hereby certify was introduced and adopted by law of the City Council on the 26th day of October, AYES: NOES: ABSENT: irorov l� Y( $I PRO TEM OF E CITY OF ANAHEIM. ANS, City Clerk of the City of that the foregoing Resolution at a regular meeting provided of the City of Anaheim, held 1954, by the following vote: COUNCILMEN: Fry, Schutte and Van Wagoner. COUNCILMEN: None COUNCILMEN: Pearson and Wisser. AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said Resolution on the 26th day of October, 1 954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of October, 1954. CITY CLT1Rk OP THE CITY OF ANAHEIM.