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1961-7088RESOLUTION NO. 7088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PURCHASE AND ACQUI- SITION OF CERTAIN WATER WORKS FACILITIES FOR MUNICIPAL PURPOSES. Finance Director of Public Utilitie Right -of -way WHEREAS, PACIFIC WATER CO. is the owner of the hereinafter described water works facilities situated in the County of Orange, adjoining the City of Anaheim, State of California; and WHEREAS, said owner has offered to sell said property to the City of Anaheim for the sum of $13,848.73 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 acqui- sition of said property hereinafter described for municipal purposes, andthat 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the offer of PACIFIC WATER CO. to sell to the City of Anaheim all that certain property situated in the County of Orange, adjoining the City of Anaheim, State of California, described as follows, to wit: That portion of the Pacific Water Co. facilities known as the "Heiner Tract," and consisting of 32 customer services located on Hillview Street, Gilbert Street and on Broadway Street, together with all pipes serving said customers (consisting of approximately 2,864 feet of 4 -inch, or smaller, pipe), meters, a well located in said "Heiner Tract," together with pump casing, pump equipment, pump site and pump house. for the sum of $13,848.73 cash, lawful money of the United States, be and the same is hereby, accepted, subject to the following conditions: 1. That subject property shall be conveyed to the City of Anaheim free and Clear of all encumbrances, except all General and Special Taxes for the fiscal year 1961 -62, a lien not yet payable; and covenants, conditions, restrictions, reser- vations, rights, rights of way and easements of record approved by the City Attorney. 2. That seller shall pay that portion of the taxes for the fiscal year 1961 -62 on the real property from July 1, 1961, to date the deed to the City of Anaheim is recorded; and shall pay that portion of the taxes for the fiscal year 1961 -62 on the other property from July 1, 1961, to date proper conveyance to the City of Anaheim is executed. -1- BE IT FURTHER RESOLVED that the City Manager and the City Attorney of the City of Anaheim be, and either of them is hereby, authorized for and on behalf'of the City of Anaheim, to sign escrow instructions for the purchase of said property, and to enter into an escrow with the owner of said property at United California Bank, Anaheim Office, Anaheim, California, said escrow and this sale to be subject to approval of the Public Utilities Commission of the State of California. BE IT FURTHER RESOLVED that the City Auditor be, and he is hereby, authorized to deposit 'in escrow at United California Bank, Anaheim Office, Anaheim, Cal ifo_rnia, the sum of S13,848.73 cash, lawful money of the United 'States, to be paid to PACIFIC WATER CO. when said sale has been approved by the Public Utilities Commission of the State of California, and when a deed conveying the real property to the City of Anaheim can be recorded, and a proper conveyance to cover the other property involved can be executed, showing said property free and clear of all encumbrances except as hereinabov set forth, and when a policy of title insurance can be issued by a reputable title company showing said real property vested in the City of Anaheim free and clear of all encumbrances, except as hereinabove specified. 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 to the real property 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. THE FOREGOING RESOLUTION is approved and signed by me this 1st day of August, 1961. ATTEST: RK OF T I YO ANA STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing ResOlution No. 7088 was introduced and adopted at a 'regular meeting provided by law, of the City Council of the City of Anaheim, held on the 1st day of August, 1961, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutts NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of.Ariaheim approved and signed said Resolution No. 7088 on the 1st day of August, 1961'. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of City of Anaheim t)1is.lst day of August,, 1961. (S) PITY CLERK OF THE CITY OF ANAHEIM