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1960-6451RESOLUTION NO. 6452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PURCHASE AND ACQUISITION OF CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES. WHEREAS, heretofore, to wit, on the 23rd day of September, 1960 the City Council did duly pass and adopt Resolution No. 6303 authorizing the acquisition by condemna- tion or otherwise of the hereinafter described parcels of real property; and WHEREAS, Alisp Homes, Inc., a corporation, is the owner of said parcels of real property; and WHEREAS, prior to the adoption of said Resolution No. 6303,. authorizing the acquisition of said property by con- demnation or otherwise, the said Aii_sp i1otne5, Inc., a corpora- tion, had prepared or caused to be prepared a map for the sub- division and development of said property for single family residential use and had incurred engineering expense and other expenses incidental to the development of said property for such use and WHEREAS, the City Council does find and determine that the taking and acquisition of said property by the City of Anaheim for public use will result in loss and severance damage to the remainder of the property owned by said Alisp Ones Inc., a corporation, and proposed to be developed jointly with the pro- perty hereinafter described for subdivision purposes; and WHEREAS, the said Aliso H.oines, Inc. has offered to sell said property to the City of Anaheim for its actual cost per acre plus the actual expenses incurred in the preparation and the filing of a tentative subdivision map and cost of engineering and labor in processing said property for subdivision purposes; and WHEREAS, the City Council does find and determine that public convenience and necessity require the purchase and acquisi- tion of said parcels of real property for municipal purposes and that the price which the owner thereof is willing to accept for said parcels of real property is fair and reasonable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the offer of Alisp Homes, Inc., a cor- poration, to sell those certain parcels of real property situated in the City of Anaheim, County of Orange, State of California, particularly described as follows, to wit: PARCEL 1: That portion of Lot 9 of the Kellogg Homestead Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 8, Page 51, of Miscellaneous Maps, in the office of the County Recorder of said Orange County, lying easterly of the following described line: Beginning at the southeasterly corner of Lot 8 of said Kellogg Homestead Tract; thence due south along the west line of the land described in the deed to Mary E. Clark recorded May 5, 1920, in Book 367, Page 4, of Deeds, Records of said Orange County, to the south line of said Lot 9. The above paragraph more particularly described as follows: Beginning at the southeasterly corner of said Lot 8; thence along the southerly prolongation of the easterly line of said Lot 8 south 0 23' 36 east 520.98 feet to a point in the southerly line of said Lot 9 of the Kellogg Homestead Tract, distant easterly along said southerly line north 89 14' 47" east 445.98 feet from a concrete monument with a 1 -inch iron pipe in the center, said concrete monument being the southwest corner of said Lot 9; thence easterly along the said southerly line of Lot 9, north 89 14' 47' east 890.61 feet to a point on the east line of said Lot 9, said point also being on the centerline of Kellogg Road (now Nutwood Street) of said Kellbgg Homestead Tract; thence north 0 08' 31" west 521.00 feet along the said east line of Lot 9 to the southeasterly corner of Lot 6 of said Kellogg Homestead Tract; thence south 89 14' 47" west 892.89 feet along the southerly lines of Lot 6 and Lot 7 of the said Kellogg Homestead Tract to the point of be- ginning. Containing an area of 10.665 acres. PARCEL 2: The North half of the Southeast quarter of the Northwest quarter of Section 20, Township 4 South, Range 10 West, in the Rancho Los Coyotes, City of Anaheim, County of Orange, State of California, as said section is shown on a map recorded in Book 51, Page 10 of Miscellaneous Maps in the office of the County Recorder of said County, being more particularly described as follows: Beginning at an iron pipe tagged L. S. 2783 and accepted as the southwest corner of said north half of southeast quarter; thence north 0 17' 22" west 666.78 feet, more or less, to the northwest corner of said north half, said northwest corner also being a point in the southerly line of Lot 9 of the Kellogg Homestead Tract, as per map recorded in Book 8, Page 51, of Miscellaneous Maps, in the office of the County Recorder of said Orange County distant easterly along said southerly line north 89 14' 47" east 1.51 feet from a concrete monument with a one -inch iron pipe in the center said monument being the southwest corner of said Lot 9; Bence north 89 14' 47" east 1335.08 feet more or less to the northeast corner of said north half, said northeast corner also being the southeast corner of said Lot 9 of the Kellogg Homestead Tract; thence south -2- 0 08' 31" east 668.44 feet more or less to the southeast corner of said north half; thence south 89 19' 02" west 1333.34 feet more or less to the point of beginning. EXCEPTING THEREFROM all that portion lying southerly of the following described line: Beginning at a point in the westerly line of said north half distant northerly along said westerly line north 0 17' 22 west 391.01 feet from the southwest corner thereof; thence north 89 19' 2" East 73.55 feet to the beginning of a tangent curve concave northerly and having a radius of 500 feet; thence easterly along said curve through a central angle of 6 4' 00" an arc length of 52.94 feet to a point of reverse curvature with a curve concave southerly and having a radius of 500 feet; thence easterly along said curve through a central angle of 6 4' 00" an arc length of 52.94 feet; thence tangent to said curve north 89 19' 2" east 732.17 feet to the beginning of a tangent curve concave northerly and having a radius of 300 feet; thence easterly along said curve through a central angle of 3 51' 00' an arc length of 64.05 feet; thence tangent to said curve 77 5' 2" east 162.19 feet to the beginning of a tangent curve concave southerly and having a radius of 300 feet; thence easterly along said curve through a central angle of 12 14' 00" an arc length of 64.05 feet; thence tangent to said curve north 89 19' 02" east 137.80 feet to a point in the easterly line of said north half distant northerly along said easterly line north 0 8' 31" west 444.61 feet from the southeasterly corner thereof. CONTAINING 8.010 acres. AND BE IT FURTHER RESOLVED that the offer of Aliso Homes, Inc. to sell Parcel 1 for the sum of $15,000.00 per acre, or a total of $159,975.00 plus $17,770.00 severance damages is hereby accepted subject to the following conditions: 1. General and Special County and City taxes for the fiscal year 1960 -1961. 2. An easement for road purposes over the portion of said property included in Nutwood Street, formerly Kellogg Road as shown on a map of said Kellogg Homestead Tract. 3. The effect of the terms and conditions of that certain agreement dated January 17, 1934 between Leonard Evans and Elizabeth Evans, his wife, et al, relating to the furnishing of water from a pumping plant located on other lands, easements for pipelines and incidental purposes used in connection therewith, recorded February 16, 1934, in Book 656, Page 355, Official Records. 4. The effect of the terms and conditions of that certain agreement dated March 6, 1934 between Charles Cornelius Stehly, et al, relating to the furnishing of water from a pumping plant located on other property to the south and easements for pipelines and incidental purposes used in connec- tion therewith, recorded March 30, 1934, in Book 660, Page 471, Official Records. -3- AND BE IT FURTHER RESOLVED that the offer of lisp Homes, Inc. to sell Parcel 2 to the City of Anaheim for the sum of $15,000.00 per acre plus his actual costs and expenses in the preparation of tentative map and engineering costs for the use of said property for subdivision purposes as severance damages amounting to the sum of 5,607.00 and aggregating the sum of 125,757.00 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 -1961. 2. An easement for road purposes over the east 20 feet of said land as granted to the County of Orange by deeds recorded in Book 380, Pages 73 and 74 of Deeds Records of Orange County, California. 3. The terms and conditions of that certain agree- ment dated March 6, 1934 between Charles Cornelius Stehly, et al, relating to the furnish- ing of water from a pumping plant located on other property to the south and easements for pipelines and incidental purposes used in connection therewith, recorded March 30, 1934 in Book 660, Page 471 of Official Records. Said purchase price to be paid as follows: 29% thereof at the close of escrow and the balance to be paid at the option of the City at any time on and after the 1st day of January, 1961, and prior to the 30th day of June, 1961, to be evidenced by a written agreement to be made and entered into by and between said Alis9 Hones, Inc., a corporation, and the City of Anaheim, a municipal corporation, upon the terms and conditions herein specified. AND BE IT FURTHER RESOLVED that the City Manager and /or the City Attorney be, and they, or either of them, is hereby authorized for and on behalf of the City of Anaheim to sign escrow instructions for the purchase of said real property at Title Insurance and Trust Company, 800 N. Main St., Santa Ana, California AND BE IT FURTHER RESOLVED that the City Auditor be, and he is hereby authorized to deposit in escrow at Title Insurance and Trust Company, Santa Ana, California the sum of 218,195.00 cash, lawful money of the United States, to be paid to the owner of said real property when a deed conveying Parcel 1 first here inabove described 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, Santa Ana, California showing said property vested in the City of Anaheim free and clear of all encumbrances except as hereinabove specified, and when a written agreement duly made and executed by lAliso lidme4 Inc., a corpora- tion, and the City of Anaheim for the purchase of Parcel 2 here inabove set forth has been delivered to the City of Anaheim showing said title to said property vested in Aliso Hamer, Inc. a corporation, free and clear of all encumbrances except as hereinabove specified. AND BE IT FURTHER RESOLVED that the Seller shall pay the usual and customary Seller's charges for furnishing the policy of title insurance necessary to show title vested in the City of Anaheim as herein provided and the City of Anaheim shall pay the usual buyer's share in the purchase of said pro- perty. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of November, 1960. ATTEST: G lZ El� G.C. ITY CL OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. 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 8th day of November, 1960, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 8th day of November, 1960. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of November, 1960. (SEAL) AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. CITY CLE MAYOR OF HE CI OF ANAHEIM C OF THE' 0