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1954-2424RESOLUTION NO. 2424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND APPROVING THE LEASING OF CERTAIN CITY -OWNED PROPERTY TO THE STATE OF CALIFORNIA FOR USE AS AN ARMORY SITE. WHEREAS, the State of California, acting by and through the Adjutant General, has requested a lease for a term of 99 years, at a yearly rental of $1.00 per year, upon the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: A parcel of land being a portion of Lot 39 of the Anaheim Extension as shown on a map of a survey made by William Hamel in 1868 recorded in Book 3, Pages 162 -164 in the office of the County Recorder of Los Angeles County, California, and more particularly described as follows: Beginning at the intersection of the monumented center lines of West La Palma Avenue and North West Street; thence N 89° 39 30" E 47.56 feet along the monumented center line of said West La Palma Avenue to a point; thence S 0 20' 30" E, 50 feet to a 1" iron pipe and nail, said point being the true point of beginning; thence 1. N 89° 39' 30" E., 525.62 feet parallel to and 50 feet, as measured at right angles, southerly from the center line of said La Palma Avenue to a 1" iron pipe and nail; thence, 2. S. 15 51' 59" E., 43.40 feet, to a 1" iron pipe and nail; thence, 3. S. 74 17' 51" W., 273.02 feet to a 1" iron pipe and nail; thence 4. S. 63 05' 17" W., 239.97 feet to a 1" iron pipe and nail, said point also being on the easterly right -of -way line of said North West Street; thence 5. N. 15 20' 30" W. 229.29 feet along the said easterly right -of -way line of North West Street to the true point of begin- ning and containing 1.45 acres, more or less. RESERVING therefrom an easement for public utilities over, under, or across a strip of land ten (10) feet in width the center line of which is described as follows: Beginning at a point, which point is N. 69 39' 30" E. 240.58 feet distant from the true point of beginning as shown above; thence S. 15° 511 59" E. a distance of 120 feet, more or less, to the south line of above described property. -1- to be used for the construction and maintenance of a State Armory to be known as the "Anaheim- Fullerton Armory and WHEREAS, Section 37392 of the Government Code pro- vides that a City may lease land to the State Adjutant General for military or armory purposes, for not to exceed 99 years; and WHEREAS, the establishment of an armory in the City of Anaheim will be beneficial to the State of California and to the citizens and residents of the Anaheim Fullerton area, and is necessary for use by the State of California in the training of the National Guard; and WHEREAS, the property hereinabove described is not now needed for any public use or purpose and the leasing there- of to the State for the construction and maintenance of an armory will not interfere with the use by the City of the re- mainder of the property of which the above is a part; and WHEREAS, the State of California will commence the construction of a State Armory on the above described premises within five (5) years from date hereof, and will thereafter prosecute such construction to completion with due diligence; and WHEREAS, the City Council finds and determines that it would be for the benefit of the State of California and the City of Anaheim to use the above described property as a site for the construction and maintenance of an armory, and that the property hereinabove described should be leased to the State of California for that purpose for the term and upon the conditions hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the property hereinabove de- scribed be leased to the State of Claifornia as a site for the construction and maintenance of a State Armory for a term of 99 years, for a rental of X1.00 per year, upon the following conditions: 1. That in the event that the Lessee does not com- mence the construction of an Armory within five years from date of said Lease and prosecute such construction to completion with due diligence, the Lease shall thereupon become null and void and all rights of the Lessee thereunder shall be forfeited and terminated. 2. And provided further that in the event the Lessee shall cease to use said property for public pur- poses, after an Armory is constructed thereon, for a period of one year, except when prevented from doing so by acts of God, acts of war, or because of destruction of the buildings thereon by fire, flood or earthquake, and inability to rebuild or repair the sane within said period of time, or because of delays resulting from matters or things beyond the control and without the fault of the Lessee, said Lease shall become null and void and all rights of the Lessee thereunder shall be forfeited and terminated. 3. The City shall have the right to use said Armory at such time or times as its use is not required or necessary by the State for the training or -2- AND BE IT PufTHER RESOLVED that the form of Lease hereto attached is hereby approved; and that the Mayor and the City Clerk be, and they are hereby, authorized and directed to execute said lease for and on behalf of the City of Anaheim. AND BE IT FURTHER RESOLVED that Resolution No. 2329 be, and the same is hereby, rescinded. ilLx FOREGOING RESOLUTION is signed and approved by me this 25th day of May, 1 954. ATTEST: VIM E• G 1 flT CITY LURK MA YOR OF THE CC Y O ANAHEIM. ,,�c wLiiimcayunx CITY CLERK OF THE CITY OF ANAHEIM $Y housing of the National Guard Units of California, or any purposes in con- nection therewith, or is not rented to other persons or organizations, as provided in Section !1.32 of the Military and Veterans Code; provided, however, that the use by the City shall be subject to the supervision and control of the Adjutant General or any Armory Board that may be established to supervise and control the use and maintenance of said Armory. That said Lease shall not be assigned without the written consent of the Lessor, but that any Armory constructed and maintained thereon may be sublet or rented as provided in Section 432 of the Military and Veterans Code of the State of California. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Anaheim, held on the 25th day of May, 1954, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser and. Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 25th day of May, 1954. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of May, 1954. CITY CLERK OF THE CIT 0 ANAHEIM V it E. R FEM, CflY CU WWI CITY um