58R-4861
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RESOLUTION NO. 4861
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER INTO A LEASE, FOR AND ON BEHALF OF THE
CITY OF ANAHEIM, WITH THE MAGNOLIA SCHOOL DIS-
TRICT FOR THE LEASING OF CERTAIN PREMISES FROM
SAID SCHOOL DISTRICT FOR A PUBLIC PARK AND PLAY-
GROUND.
WHEREAS, the Magnolia School District is the owner
of certain real property hereinafter described, consisting of
approximately five (5) acres, and lying adjacent to the Dr.
Peter Marshall School; and
WHEREAS, the City of Anaheim desires the use of said
property for a public park and playground; and
WHEREAS, the Magnolia School District has offered to
lease said property to the City of Anaheim for a public park
and playground, and the City Council does find and determine
that said property is adequate and a suitable location for a
public park and playground, and that such use would be to the
best interests of the City of Anaheim, the Magnolia School
District, and the general public, and that said offer should,
therefore, be accepted.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that a lease be made and entered into
by the City of Anaheim with the Magnolia School District of
the City of Anaheim for the leasing from said School District
by the City of the following described property for the purpose
of developing and maintaining a public park and playground:
Those certain premises situated in the City
of Anaheim, County of Orange, State of
California, described as follows, to wit:
The South One-Half of the Northeast Quarter
(NE 1/4) of the Southeast Quarter (SE 1/4)
of the Northeast Quarter (NE 1/4) of Section
12, Township 4 South, Range 11 West, S.B.B. & M.,
Orange County, California.
upon the following terms and conditions:
1. That the term of said lease shall be for a period
of 25 years, commencing on the 1st day of January, 1959, with
the privilege and option in the City of Anaheim to renew and
extend the term for an additional 25 years as hereinafter pro-
vided.
2. That as a consideration for the execution of said
lease the City of Anaheim shall do and perform the following
acts:
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(a) Construct, develop, maintain and supervise OVer the
term of said lease, a public park and playground on
said property.
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(b) Install, within one year from date of said lease,
an appropriate sprinkling system, lawns, trees, and
basic shrubs.
(c) Prepare and submit to the Magnolia School District
general plans for proposed improvements prior to the
construction or installation thereof, to be Jointly
approved by the City and said School District.
(d) All improvements, otner than lawns, trees, and basic
shrubs shall be made or installed as indicated on
the general plans approved by the City and the School
District, with reasonable diligence.
(e) The City shall allow the Magnolia School District the
full use of said park and playground facilities for
general playground and educational purposes during
school hours.
3. The City of Anaheim shall have an option to renew
said lease for an additional 25 years in consideration for c.n-
tinuing to maintain during the term of said lease said park as
a public park and playground and allowing the use thereof by
said School District.
4. The Magnolia School District shall have the right
to terminate said lease whenever it becomes necessary to use the
land hereinabove described for more necessary school purposes,
and in the event said School District elects to exercise this
option and terminate said lease, the City shall be reimbursed
for the cost of the capital improvements made and installed upon
said property, less straight-line depreciation, based on a 25-year
period of depreciation.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be, and they are hereby authorized to enter into said lease with
the Magnolia School District for and on behalf of the City of
Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
11th day of November, 1958.
this
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ATTEST:
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STATE OF CALIFORNU)
COUlfI'Y OF. OJWJ<E ) s s .
CITY OF ~HI!IJI )
I, DENE M. WILLIAMS, Ci ty Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution was introduced and
adopted at a regular aeeting of the City Coun~il of the city of
Anaheim, held on the 11th day of November, 1958, by the following
votel
AYaSI
NOElS I
COUNCI LJlEN I Pearson, Borden; Fry, Schutte and
Coons
-COl1NCILJlENI None
il'
ABSENT I COUJi'CILJlENI None
A~ I FURTHER CERTIFY that the Mayor of th~ C~ty of
Anaheim approved and ~ign&d said Resolution on the- 11th day of
NoveJlber, 1958.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 11th d~y of November,
1958.
_ [4<-C /)1. '~~7-~-~<
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
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