Loading...
56R-3598 RESOLUT ION r-J!). 3598. l'~ A R~SOLUTION OF THE CITY COUNCIL OF THE CITY OF .'\NAHE H,~ AUTHOR I Z ING THE PURCHA.SE AND ,\CQUISITION OF CcRT/dN HEAL PROPERTY FOR PUBLIC Pl~POSES; ACCEPTING A G~\NT DESD CON- VEYIIIG S;UD PROPERTY TO THE CITY OF .L'.NliliEIM; A~m AUTHORIZING THE CITY ATTORNEY TO DISMISS THE PEND ING COHDEM]\Lc\. T ION SUI T 1 'I I TH REGARD TO SA ID PROPERTY. 1'!HEREAS, by its Resolution No. 2980, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE NECESSITY FOR, AND DIRECTING THE ACQUISI- TION BY 2MINENT D~~IN OF, RS~L PROPERTY FOR THE PUBLIC PARKING OF MOTOR VEHICLES," the City Council did declare the necessity for the acquisition of the real property hereinafter described; and '.iHEHE.A.S, rursuant to said resolution a suit in eminent domain was cornJ'lenced on ~bvember 17, 1955, in the Superior Court of the State of California, in and for the County of Orange, entitled "City of Anaheim, a I'Jlunicipal Corporation or the Sixth Class, Plaintiff, vs. Henry A. Nivens and Willie Agnes Nivens, husband and wife; Bank of America National Trust and Savings Association, a National Panking Corporation; The Savings, Loan and Building Associa- tion of Anaheim, a Corporation; John Doe; Jane Doe; John Doe I; J2ne ')oe I; John l'oe II; Jane Doe II; John Doe III; Jane Doe III; John noe IV; Jane ~oe IV; John Doe V; Jane Doe V; John Ooe Company, a Corporation; and John Doe Company I, a Copartnership, Defendants," Cause No. 67066; 2nd \'fHERE.I\.5, HenryA. Nivens and lilillie Agnes Nivens, husband 8,nd wife, are the owner s of the hereinafter de- scribed real property, which is the property described in Resolution No. 298c hereinabove referred to; and "fHERF.J\S, said owners have offered to sell said property to the City of Anaheim for the sum of $12,500 cash, lawful money of the United States; and V!HER.Ei\S, the Ci ty Counci 1 does find that said price of $12,500 is reasonable and not out of proportion to the fair market value of said property and, therefore, should be accepted; and ,_.....- 11IHERE.II..S, in connection wi th negotiations for settle- ment of the condemnation suit and the acquisition of said property 0Y the City of ~naheim, an escrow has been entered into with Henry A. Nivens and Willie Agnes Nivens, husband and wife, at Home Savings and Loan Association, 211 East Center Street, Anaheim, California, Escrow No. l2-l228-A, subject to the approval of the City Council of the City of Anaheim; and '.'fHER.E!\.S, soid Home Savings and Loan Association is now ready to close said eScrow and a deed has been prepared conveying said property to the City of Anaheim free and clear of all encumbrances, except all covenants, conditions, re- strictions, reservations, rights, rights of way and easements of record. -1- -, NOW, THEREFORE, P2 IT RESOLVED by the City Council of t'lC City of Anah,dD that the deed conveying the following iescrihed real propprty, which is the property described in Resolution No. ?g8C her~inahove referred to, situated in the City of Anaheim, County of Orange, State of California, to wit: The south rectangular 75 feet of Lot 25 of Vineyard, Lot s-5, as shown on a T:1ap thereof recordod in Book 1, Pages 550 and 551, Miscellaneous Records of Los Angeles County, Cal i.fo'rnin, to the City of /maheim, free and clear of all encumbrances except all covenants, conditions, restrictions, reservations, rights, rights of way ana easements of record, be, and the same is hereby, accepted by the City Council of the City of !~I.nahp.im. BE IT FURTHER RESOLVED that the City Treasurer be, and she is hereby, authorized to deposit in escrow at said Home Savinos and Loan Association the sum of $12,500 cash, lawful mon~y of the United States; and that said escrow hoider be, and it is hereby, authorized to deliver to said Vendors the amount of $12,500 so deposited in escrow, and representing the purchase price for said property, when all conditions of said escrow have been met and complied with. AND BE IT F1JRTHER RESOLVED that the sell ers shall pay the usual and customary sellers' charQes for furnishing a policy of title insurance necessary to show title vested in the City of Anaheim, as provided for in said Escrow No. 12-1228-A hereinabove referred to, anc that the City of Anaheim shall pay the usual buyer's share in the purchase of said property. R~ IT fURTHER RESOL~~C that the City Attorney be, And he is hereby, authorized and directed to dismiss the suit in eminent domain COT:1manced on November 17, 1955, en- titled "City of Anabeim, a Municipal Corporation of the Sixth Class, Plaintiff, vs. Henry A. Nivens, et al., ~efendants," Cause No. 67066, in the Superior Court of the State of California, in and for the County of Orange. THE fOREGOING RESOLUTION is approved and signed by me this 6th day of ~ecember, 1956. ,-,-~ ,.~)(: l''It\.YOR PRO tD~ Of THE ITY OF' ANAHE 1M ~: , ~ J 9-' J //"c', </~~ C 1 Y CLERJ{ OJ;' TH~ CITY OF' ANAHE 1M. r -?- 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 was duly passed and adopted at an adjourned regular meeting of the City Council of the City of Anaheim, held on the 6th day of December, 1956, by the following vote of the members thereof: AYES: NOE3: AB3ENT : COUNCILMEN: COUNCILMEN: COUNCILMEN: Coons, Fry, Schutte and Wisser. None. Pearson. AND I FURTHER CEl?I'IFY THAT the Mayor Pro Tern of the City of Anaheim approved and signed said Resolution on the 6th day jof December, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of December, 1956. i1J~ 7:J{ ~~ CITY ClERK OF THE CITY OF ANAHEIM (SFAL) '~ ,