1960-5909RESOLUTION NO. 5909
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM 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 8 8 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.
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 $48,262.50 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 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.
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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 in-
terest 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:
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 $48,262.50 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.
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:
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.
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:
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 8 8 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 $48,262.50 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.
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THE FOREGOING RESOLUTION is approved and signed by
me this 29th day of March, 1960.
ATTEST:
LERK OF THE CITY ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
ABSENT: ODUNCILMEN: None.
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CITY OF AHEIM
I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing resolution
was adopted and passed at a regular meeting provided by law,
of the City Council of the City of Anaheim, held on the 29th
day of March, 1960, by the following vote of the members
thereof:
AYES: COUNCILMEN: Coons, Fry, Pearson, 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 29th day
of March, 1960.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 29th
day of March, 1960.
SEAL
CI Y CLERK OF THE CITY OF ANAHEIM