56R-3542
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RESOLUT ION NO. 3542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE PURCHASE AND
ACQUISITION OF CERTAIN REAL PROPERTY FOR
PUBLIC PURPOSES.
WHEREAS, James Donald Duval is the owner of the here-
inafter descrIbed real property situated in the City of AnaheIm,
County of Orange, State of California; and
WHEREAS, saId owner has offered to sell saId property
to the City of Anaheim for the sum of $26,410.00 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 acquiSi-
tIon of said parcel of real property for public purposes, and
that the prIce which the owner thereof is wIllIng to accept Is
reasonable and not out of proportion to the fair market value
of saId property.
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NOW, THEREFORE, BE IT RESOLVED by the City CouncIl of
the City of Anaheim that the offer of James Donald Duval to
sell said parcel of real property situated in the CIty of
Anaheim, County of Orange, State of CalIfornIa, described as
follows, to wit:
That portion of Section 9 in Township 4 South,
Range 10 West, S.B.B. & M., in the City of
Anaheim, County of Orange, State of CalIfornia,
described as follows: CommencIng at a point in
the northerly line of Lot 4, as shown on a licensed
surveyor's map of a portion of SectIon 9 made for
F. W. Fleischmann and filed In Book 1, Page 56,
Record of Surveys, in the office of the County
Recorder of said Orange County, 289.82 feet, more
or less, westerly from the Center Line of West
Street, as shown on said map; running thence
southerly parallel with the easterly line of the
West one-half of the Northwest quarter of saId
Section 1176.4 feet, more or less, to the southerly
line of said Lot 4; thence westerly along said
southerly line 464 feet, more or less, to the true
point of beginning of the boundary of the land
herein described; thence, northerly parallel wIth
the easterly line of the West one-half of the
Northwest quarter of said Section 9, 1216.25 feet,
more or less, to the northerly line of said Lot
4; thence westerly along the northerly line of
said Lot 4, 480.89 feet, more or less, to the
northeast corner of Lot 3 of said Fleischmann
survey; thence southerly along the easterly line
of said Lot 3, 1257.7 feet, more or less, to the
southeast corner of said lot; thence, easterly
along the southerly line of said Lot 4, 482.55
feet, more or less, to the true point of beginnIng.
EXCEPTING THEREFROM that portion thereof described
as follows: BeginnIng at the southeast corner of
the parcel hereInbefore descrIbed and running thence
northerly along the easterly line thereof 426 feet,
more or less; thence westerly parallel wIth the
southerly line of saId parcel 482.55 feet, more or
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or less, to the westerly line thereof; thence
southerly along said westerly lIne 426 feet,
more or less, to the southwesterly corner
thereof; thence easterly along the southerly
line 482.55 feet, more or less, to the true
point of begInnIng. "
(SaId property above described, offered for
sale to the CIty, contaIns 8.94 acres.)
for the sum of $26,410.00 cash, lawful money of the United
States, be, and the same Is hereby accepted, subject to the
followIng terms and condItIons:
1. That Seller shall retain the rIght to one-
half of all mI~eralSlyIng beneath the
surface of saId property, but shall have
no rIght of surface entry.
2. That subject property shall be conveyed to
the CIty of AnaheIm free and clear of all
encumbrances, EXCEPT all taxes for the
fIscal year 1956-57, a lien not yet payable,
and covenants, conditions, restrIctIons,
reservatIons, rIghts, rights-of-way and
easements of record, and one-half of all
mineral rIghts as herein stated.
BE IT FURTHER RESOLVED that the CIty AdmInIstrator
of the CIty of AnaheIm be, and he is hereby, authorized for
and on behalf of the City of Anaheim to sign escrow instruc-
tIons for the purchase of saId real property and to enter into
an escrow with the owner of said property at Bank of America
National Trust and Savings Association, Anaheim Branch, Anaheim,
Cal ifornia.
AND BE IT FURTHER RESOLVED that the City Treasurer
be, and she is hereby, authorized to deposit in escrow at
Bank of America National Trust and Savings AssocIatlGn, Anaheim
Branch, AnaheIm, CalIfornIa, the sum of $26,410.00, cash, law-
ful money of the United States, to be paid to the owner of said
real property when a deed conveyIng saId property to the City
of Anaheim free and clear of all encumbrances, except as here-
Inabove set forth, can be recorded and a policy of title insur-
ance Issued by a reputable title company showIng saId property
vested In the CIty of AnaheIm as hereInabove specifIed; and
that saId sum of $26,410.00 so to be deposIted In escrow shall
be drawn from the ContIngency Fund of the CIty of Anaheim; 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 share in the purchase of saId property.
thIs
THE FOREGOING RESOLUTION Is sIgned and approved by me
:Sth
day of
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THE ITY 0 1M.
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STUE OP ClLIFORlIA )
oomrn OP OJlUSE )sa.
cm OF AlCllHEIM )
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I, DEn: H. WILLIA!I3. City Clerk .of tl1e City of Aaalteill,. do
lle.reby certify tlult the foreqoinq Re.oldio.. 1IIIUl adopted at ~ ajOlU1Uld
ret;J\tlu meetinq of tlte City CoucH of the City of AIallebl, bald. 01l the
25th day of October, 195i. by the follovinq TOte of the ...mer. thereof:
AIlB:
10m:
cormcI.l..ol'!El: PearaoR, COOllJl, Fry, Sclurtte aIlCl Vialller
COUIICII.lmI: lo..e
ABBEI'l': COUlICILDI: Iolle
AD I tuIttlUR CERTIFY that the _or of the City of halt_ill
approyeci iH'.d _siQlled said. R..o111t!OIl on th, 25t.\l day of October. 195&.
II WITII'I3S WBUEOF. I have hel'e-.to set JIy haJu:l aad. affixe!i
the seal of the City of haheim this 25th day of Octcaber, 1956.
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