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63-0670RESOLUTION NO. 63R -670 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 -115. 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 PEDRO CALBO and GUADELUPE CALBO, husband and wife, for the sum of $3,200.00, 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, since the adoption of said Resolution No. 62R -115, said escrow instructions were amended to reflect a reappraisal of the property, and that said property has been reappraised and the owner thereof has now offered to sell the same to the City for the sum of $3,800.00, and new instructions have been prepared by said United California Bank and submitted to the City for signature, cancelling and superseding the previ- ous escrow instructions and increasing the total cost for said property to said amount of $3,800.00, and WHEREAS, the right, title, and interest of PEDRO CALBO has been taken by a Default Judgment in Condemnation. Whatever interest he had was, by court order, directed paid to GUADELUPE CALBO so that said Judgment in Condemnation, together with the Deed of GUADELUPE CALBO, will vest title in the City of Anaheim; 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 GUADELUPE CALBO to sell to the City of Anaheim all of that said real property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: That portion of Lot A of Tract 97, City of Anaheim, Book 11 Page 39 Miscellaneous Maps, described as follows: Beginning at a point 124.53 feet East of the West line and 50 feet South of the North line of said Lot A, said point being in the East lirE of the land granted to Frank Lee by deed recorded November 4, 1925, in Book 614 Page 111 of Deeds, Records of said Orange County; thence South 50 feet along the East line of the land described in said deed recorded in Book 614 Page WI of Deeds, Records of said Orange County, and the East line of the land granted to Wm. -1- L. Polston, et al., recorded in Book 470, Page 227 of Deeds, Records of said Orange County, and parallel to the West line of said Lot A; thence East 41.51 feet parallel with the North line of said Lot; thence North 50 feet parallel with the West line of said Lot; thence West 4.1.51 feet parallel with the North line of said Lot to point of beginning. for the sum of $3,800.00 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 Seller and all covenants, conditions, restrictions, reservations, rights, rights of way and easements of record approved by the City Attorney. Acctg. Off. R/W 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 owner 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 $3,800.00 cash, lawful 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 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. AND BE IT FURTHER RESOLVED that the City does hereby accept the deed of GUADELUPE CALBO, conveying the above de- scribed property to the City of Anaheim. AND BE IT FURTHER RESOLVED that Resolution No. 62R -115 is superseded by the foregoing resolution. 2- THE FOREGOING RESOLUTION is approved and signed by me this 13th day of August, 1963. ATTEST: STATE OF CALIFORNIA COUNTY OF (RANGE s s 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 13th day of August, 1963, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said resolution on the 13th day of August, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of August, 1963. (SEAL) AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton