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1962-0070RESOLUTION NO. 62R -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE PURCHASE AND ACQUISITION OF CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES, AND RESCINDING RESOLUTION NO. 7241. WHEREAS, SANTA ANA STREET WATER COMPANY, an associa- tion, is the owner of the hereinafter described real property situated in the County of Orange, State of California; and WHEREAS, said owner has offered to sell and convey said property, together with the water well situated on Par- cel No. 1 thereof to the City of Anaheim for the sum of $1.00 cash, lawful money of the United States; and WHEREAS, the City Council does find and determine that public convenience and necessity require the purchase and acquisition of said real property, together with the water well situated on Parcel No. 1 thereof for municipal purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the offer of SANTA ANA STREET WATER COMPANY, an association, to sell and convey to the City of Anaheim all that real property situated in the County of Orange, State of California, described as follows, to wit: Parcel 1: Lot 23 of Tract No. 3392, as shown on a Map recorded in Book 126, Pages 13, 14 and 15 of Miscellaneous Maps, Records of said County. EXCEPTING all oil, gas and minerals lying below a depth of 500 feet, but without the right of surface entry to take, market, mine, remove and drill for same, as reserved in the deed from Alvin S. Barnett recorded August 7, 1959 in Book 4830, Page 137 of Official Records. Parcel 2: An easement for irrigation pipe line purposes over the Easterly 5.00 feet of Lots 24, 25 and 26 of Tract No. 3392, as per map recorded in Book 126, Pages 13, 14 and 15 of Miscellaneous Maps, Records of said County. for the sum of $1.00 cash, lawful money of the United States, together with the water well situated on Parcel No. 1 be, and the same is hereby, accepted subject to the following terms and conditions: -1- Finance Dir R/W Attorney 1. That Parcel No. 1 above described shall be con- veyed to the City of Anaheim free and clear of all encumbrances except the second half of all general and special taxes for the fiscal year 1961 -62, 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, here- inafter 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. 2. That the Seller shall pay that portion of the second half of the taxes for the fiscal year 1961 -62 on Parcel No. 1 above described from January 1, 1962, to date the deed to the City of Anaheim is recorded. 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 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 $1.00 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 can be recorded and a policy of title insurance issued by Orange County Title Company, 421 North Main Street, Santa Ana, California, insuring Parcel No. 1 only, with liability of $2,000.00, and showing said Parcel No. 1 vested in the City of Anaheim free and clear of all encumbrances, except as hereinabove set forth. AND BE IT FURTHER RESOLVED that the Buyer shall pay all escrow costs in the purchase of said property, including the charges for furnishing a policy of title insurance on Parcel No. 1, necessary to show title vested in the City of Anaheim, as herein provided, etc. BE IT FURTHER RESOLVED that Resolution No. 7241 is hereby rescinded. THE FOREGOING RESOLUTION is approved and signed by me this 23rd day of January, 1962. MAY OF CIT OF ANAHEIM It ATTEST: J,/ r OF THE CITY OF ANAHEIM -2- STATE OF CALIFORNIA _COUNTY OF ORANGE s s CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk ofcthe City of Anaheim, do hereby certify that the foregoing Resolution 62R -70 was introduced and adopted- at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 23rd day of January, 1962, by the following vote of the members thereof: AND FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. -70 the 23rd day of January, 1962. IN WITNESS WHEREOF, I have hereunto my`hand and Affixed the official seal of the City of Anaheim this 23rd day of January, 1962. AYES: COUNOILMEN: Chandlers Coons, Fry, Thompson and Schutte NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None CITY OF THE CI,TY OF ANAHEIM