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1960-5991RESOLUTION NO. 5991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PURCHASE AND ACQUI- SITION OF CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. Right -of -Way Finance WHEREAS, JACOBO MALER, a single man, CLARA MALHER, a single woman, and ISIDORO MALHER, a single man, are the owners of the hereinafter described real property situated in the City of Anaheim, County of Orange, State of California; and WHEREAS, said owners have offered to sell Parcel No. 1, first hereinafter described, to the City of Anaheim for the sum of $130,052.00 cash, lawful money of the United States; and WHEREAS, said owners have offered to grant to the City of Anaheim an option for a period of one year commencing April 19, 1960 to purchase Parcel No. 2, hereinafter described, for the sum of $110,383.00 cash, lawful money of the United States, together with interest thereon at the rate of 5% per annum from April 19, 1960 to date said option is exercised; and WHEREAS, the City Council does find and determine that public convenience and necessity require the purchase and acquisition of Parcel No. 1, of the hereinafter described property, and the acquisition of an option to purchase Parcel No. 2, hereinafter described, and that such acquisitions are for the best interests of the City of Anaheim, and that the price which the owners thereof are willing to accept for Parcel No. 1, together with the price for which they are willing to grant to the City an option for the purchase of Parcel No. 2 are fair and reasonable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the offer of JACOBO MALER, a single man, CLARA MALHER, a single woman, and ISIDORO MALHER, a single: man, to sell Parcel No. 1 of the real property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: PARCEL NO. 1: All that certain real property in the City of Anaheim, County of Orange, State of California, being the West half of the West half of the East half of that portion of the Northeast quarter of Section 7, Township 4 South, Range 10 1AAest in the Rancho San Juan Cajon de Santa Ana, as said Section is shown on the map recorded in Book 51, Page 10 of Miscellaneous Maps, Records of said County, lying Southerly of the Southerly line of Tract 1202, per map thereof recorded in Book 37, Pages 27 and 28 of Miscellaneous Naps, Records of said County, and Northerly of the centerline of Crescent Avenue, as said centerline is shown on the map filed in Book 41, Page 26 of Record of Surveys, Records of said County. Containing an area. of 10.004 acres, more or less. -1- for the sum of $130,052.00 cash, lawful .money of the United States, be, and the same is hereby accepted, subject to the following conditions: 1. General and Special County and City Taxes for the fiscal year 1960 -61, a lien not yet payable. 2. The reservations for roads, railroads, and ditches of a strip of land 15 feet wide along and adjoining each side of the quarter section lines, and the reservation of the use and control of cienagas and natural streams of water, if any, naturally upon, flowing across, into or by said tract, and the right of way for and to construct irrigation or drainage ditches through said tract to irrigate or drain the adjacent land. 3. An easement over the Westerly 6 feet of the Southerly 300 feet of said land for pole lines and incidental purposes as granted to Southern California Edison Company by Deed recorded October 18, 1950 in Book 2086, Page 3260, Official Records. BE IT FURTHER RESOLVED that the offer of said owners to grant to the City of Anaheim an option, for a period of one year commencing April 19, 1960, to purchase Parcel No. 2 of the real property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: PARCEL NO. 2: All that certain real property in the City of Anaheim, County of Orange, State of California, being the East half of the West half of the East half of that portion of the Northeast quarter of Section 7, Township 4 South, Range 10 West in the Rancho San Juan Cajon de Santa Ana, as said Section is shown on the :map recorded in Book 51, Page 10 of Miscellaneous Maps, records of said County, lying Southerly of the Southerly line of Tract 1202, per map thereof recorded in Book 37, Pages 27 and 28 of Miscellaneous Maps, records of said County, and Northerly of the centerline of Crescent Avenue, as said centerline is shown on the map filed in Book 41, Page 26 of Record of Surveys, records of said County. Excepting the Easterly 120.00 feet of the Northerly 54d.00 feet thereof. Containing an area of 8.491 acres, more or less. for the sum of $110,383.00 cash, lawful money of the United States, plus interest thereon at the rate of 5% per annum from April 19, 1960 to date said option is exercised, be, and the same is hereby accepted, subject to the same conditions, easements, reservations and rights of way affecting Parcel No. 1, hereinabove mentioned and described, which said option shall be executed by said owners and delivered into the escrow for the purchase of Parcel No. 1, and delivered to the City at the close of said escrow, and that the consideration for said option shall be the sum of $1.00 and other valuable considera- tions. -2- BE IT FURTHER RESOLVED that the City Attorney of the City of Anaheim be, and he is hereby, authorized for and on behalf of the City of Anaheim to sign escrow instructions for the purchase of said real property and the acquisition of said option and to enter into an escrow with the owners of said pro- perty at California Bank, Anaheim Office, Anaheim, California. BE IT FURTHER RESOLVED that the City Auditor be, and he is hereby, authorized to deposit in escrow at California Bank, Anaheim Office, Anaheim, California, the sum of $130,052.00 cash, lawful money of the United States to be paid to the owners of Parcel No. 1 of said real property when a deed conveying said Parcel No. 1, first hereinabove described, to the City of Anaheim free and clear of all encumbrances, except as herein above set forth, can be recorded and a policy of title insurance issued by Title Insurance and Trust Company showing said pro- perty vested in the City of Anaheim free and clear of all en- cumbrances, except as hereinabove specified, and is authorized to deposit in said escrow the sum of $1.00 payable to said owners when the option hereinabove referred to, properly executed, can be delivered to the City of Anaheim. BE IT FURTHER RESOLVED that the City of Anaheim shall pay all escrow and title charges for the furnishing of a policy of title insurance necessary to show title vested in the City of Anaheim as herein provided. THE FOREGOING RESOLUTION is approved and signed by me this 3rd day of Fay, 1960. AT ST: kCLE CITY GF STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM (SEAL) ABSENT: COUNCILMEN: None. I, DENE V. 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 3rd day of Fay, 1960, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 3rd day of May, 1960. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of May, 1960. CITY CLERK OF THE CITY OF ANAHEIM