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69R-549 RESOLUrl'IOl'! NO. 69R- 549 A RESOLUTIOi,j OF THE CITY COUNCIL OF THE CI'l'Y OF ANAHED,l APPROVING THE SALE OF HF~LADAY WATER ~mLLS NOS. TWO N~D THREE TO THE STATE OF CALIF'ORbHA Al\jD AUTHORIZ- ING THE ~ffiYOR Al~D CITY CLERK TO EXECUTE I-U'~ AGREEl-'illNT PROVIDING FOR SAID SALE. ~'iliEREAS, the City of Anaheim owns an easement for the purpose of drilling and operating the Halladay Water Wells Nos. Two and Three located at approximately the intersection of La Palma Avenue and Imperial Avenue in the City of Anaheim; and lVHEREAS, said water wells are located in an area which is also owned by the State of California for highway purposes; and WHEREAS, the State of California desires to construct a highway at said location, and WHEr~AS, the State of California has offered to purchase from the City of Anaheim the easement rights owned by City to drill and operate said water wel1s7 and WHEP~AS, the City Council of the City of Anaheim finds and determines that the sale of the aforesaid water wells is in the public interest. NOW, THEREFORE; BE PI' PJ:;SOLVED by the City Council of the City of Anaheim that the sale of Halladay Water Wells Nos. Two and Three is hereby approved on the following terms and conditions: 1. The State shall: (A) Pay the undersigned grantor the sum of $15,509.00 for their interest as conveyed by above document. (B) Pay all escrow and recording fees incurred in this transactiont and. if title insurance is de- sired by the State, the premium charged therefor. Said escrow and recording charges shall not, how- ever, include reconveyance fees, trustee is fees, or fODvarding fees for any full reconveyance or full release of mortgage. 2. City of Anaheim warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and said City further agrees to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of the City of Anaheim for a period exceeding one month. 3. 'rhe undersigned City of Anaheim hereby agrees and con.- sents to the dismissal of any eminent domain action in ~~e SUDerior Court wherein the herein described land is that may now be on deposit in the Superior Court or with the State Treasurer in said action. 4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, commenced June 2, 1969, and that the grant of the property described in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute an agreement containing the above mentioned terms and conditions with the State of California and are also authorized to execute a Quitclaim Deed conveying what- ever interest the City of Anaheim has to said well sites. this THE FOREGOING RESOLUTION is signed and approved by me __23r~_ _ day of __S_e.p~~l!lb_e! _ __ __, 19. ~~ . I ) d If} /~" !kA cD< ~~/ ~~~OIf~-THE CITY OF ANAHEIM ATTEST: C; )x - .. ~ERIOjF-~WANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) ss. ) I, Uie.": ,\L W!LlIAM5,CITY CU:RK vF Tn!:. CITY OF ANA.HEIi"v'I DO HEREBY CERTIFY THAT THE FOREGUING 13 THE URIGIN: ~"li.OF RESOLUT!ON NO. Q~R-549 DULY PASSED AND ~D BY THE ANAHEIM CITY COUNCIL ON 9-23-69 / '--. ~ 9--- ;t' .a~?~ 'Tr'YCliOit< I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R-549 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 23rd day of September, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R-549 on the 23rd day of September, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed rhp nffi ri.<11 "'<>.<11 n-F rho ('; rn ...-1' An",h~~~ f-h~ ~ '}')_.:I .:I_n _.I: '"' __~ u_'- ___