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63-0210RESOLUTION NO. 63R -210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PURCHASE AND ACQUISITION OF CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES; AND SUPERSEDING RESOLUTION NO. 62R -117. WHEREAS, the City Council of the City of Anaheim did heretofore on February 13, 1962, authorize the purchase and acquisition of the hereinafter described real property from EUFEMIO DE LA CRUZ, also known as EUGENIO B. DE LA CRUZ, and MARIA N. DE LA CRUZ, husband and wife, for the sum of $12,200.00, and did further authorize the City Manager or the City Attorney, for and on behalf of the City of Anaheim, to sign escrow instructions for the purchase of said real property and to enter into an escrow with the owners thereof at United California Bank, Anaheim Office; and WHEREAS, escrow instructions were duly signed on behalf of the City of Anaheim at United California Bank, but said escrow was never completed and the property hereinafter described was not conveyed to the City of Anaheim; and WHEREAS, said property has been reappraised and the owners thereof have now offered to sell the same to the City for the sum of $13,200.00 and new instructions have been prepared by said United California Bank and submitted to the City for signature cancelling and superseding the previous escrow instructions and increasing the total consideration for said property to said amount of $13,200.00; and WHEREAS, the City Council finds that said amount is fair and reasonable and that it would be in the best interests of the City to accept said offer and purchase said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the offer of EUFEMIO DE LA CRUZ, also known as EUGENIO B. DE LA CRUZ, and MARIA N. DE LA CRUZ, husband and wife, to sell to the City of Anaheim all that real property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: PARCEL 1: The west half of that portion of Lot A of Tract No. 97, in the City of Anaheim, as per map recorded in Book 11, Page 39 of Miscellaneous Maps, described as follows: Beginning at a point on the west line of said lot, South 235.00 feet from the northwest corner of said lot; thence South 40.00 feet along Parry Avenue; thence East 135.40 feet parallel with the north line of said lot; thence North 40.00 feet parallel with the east line of said lot; thence West parallel with the north line of said Lot to the point of beginning. -1- PARCEL 2: That portion of Lot A of Tract No. 97, in the City of Anaheim, as per map recorded in Book 11, Page 39 of Miscellaneous Maps, described as follows: Beginning at a point on the west line 195.00 feet south of the northwest corner of said Lot A; thence South along Parry Avenue 40.00 feet; thence East 135.38 feet parallel with the north line of said Lot; thence North 40.00 feet parallel with the east line of said Lot; thence West parallel with the north line of said lot 135.36 feet more or less to Parry Avenue and to the point of beginning. for the sum of $13,200.00 cash, lawful money of the United States, be, and the same is hereby, accepted subject to the following terms and conditions: That said 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 1963 -64, a lien not yet payable, including any special district levies, payment of which is included therein and collected therewith; all taxes and assessments levied or assessed subsequent to the date the escrow, herein- after referred to, is entered into between Buyer and Sellers; and all covenants, conditions, restrictions, reservations, rights, rights of way and easements of record approved by the City Attorney. 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 said new escrow instructions for the purchase of said real property and to enter into an escrow with the owners of said property at United California Bank, Anaheim Office, Anaheim, California. AND BE IT FURTHER RESOLVED that the City Auditor be, and he is hereby, authorized to deposit in escrow at said United California Bank $13,200.00 cash, lawful money of the United States, to be paid to the owners of said real property when a deed conveying said property to the City of Anaheim free and clear of all encumbrances, except as hereinabove set forth, can be recorded and a policy of title insurance issued by Title Insurance and Trust Company, 800 North Main, Santa Ana, California, showing said property vested in the City of Anaheim as hereinabove specified. AND BE IT FURTHER RESOLVED that the Buyer shall pay all escrow fees in the purchase of said property, including the charges for furnishing a policy of title insurance neces- sary to show title vested in the City of .Anaheim, the U. S. Internal Revenue stamps required to be affixed to the deed, etc. BE IT FURTHER RESOLVED that Resolution No. 62R -117 is superseded by the foregoing resolution. -2- THE FOREGOING RESOLUTION is approved and signed by me this 26th day of March 19 63 0 AT EST: d'Y-- .4:---k.-e.-- I CLER sEAL, OF THE CITY OF ANAHEIM. STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM NOES COUNCILMEN None ABSENT COUNCILMEN: Dutton OR OF THE CITY OF ANAHEIM. I, DENE M. WILLIAMS, 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 held on the 26th day of March 19 63 by the fol- lowing vote of the members thereof: AYES COUNCILMEN Chandler, Schutte, Krein and Coons AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said resolution on the 26th day of March 19 63 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of March 19 63 CIT CLERK OF THE CITY OF ANAHEIM.