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08/29/1918-002 1 2 3 4 b 8 7 8 9 10 11 12 13 14 lb 18 17 18 19 20 21 22 23 24 2b 26 27 28 29 ao ai S2 RESULUTIQN ~3r' THL rsOA~tD 0.~' 1~{~~1'.c~.:~S ul' .i'tii, CI'~~Y U~' ~t~~IRr~, D~'i'.:~k- M.ll~'_1dG UBON '1'H~ ~t7RCHAwE OF C~~iTAIN t~AZ PROPBRTY IN 1'H~ COUNTY OF ORAP3G~:, 13LSCRIi3.~I? AS rOLDt7~Y5, 1'0-SIT: LOT FIFTEEN {l5j 0:~' :'H~ "ATdA- BItiI~I TTdV.~ST~ 'LENT CO~t2ANY' S TRACT"' . AS NHO~'dN ON A ~.~' +4RF.OF R~CO.c'~I~.I IN BOOK 7, PAGF~ And 34 OF l~~ISCFSLgN~~US 1VIgPS, ~COHDS OF OH~d~ CQu~~TY, CAI,Ir'ORl~'IA. RESOLVI~I3 iiz ~'h~ sUA:t~D OF 1'RUST~.;::$ OF 'SHE uI'Y Or' ANAI3EIbI; is That the public interest and convenience requires the im! me~.date acquisition by the City of Anaheim of certain real property the title to which is now vested in one V. U. Simpson, which Baia ~ real property is situate in the County of Orange, State of Californ« ia, and is described as follows, to-wit: dot b'ifteen (15) of the "Anah.eim Investment Company's Tract', as shown on a map thereof re- corded in ~3ook 7, pages 33 and 34 of N~iscallaneous daps, Records of Orange County, California, said lot containing 10.47 acres. Reserves ing a right of way along the east line of said Zat for a ditch to ~ convey water far irrigating said lot and the adjacent land, end r®- serving the right to construct a cement ditch or ripe line upon sai right of way to be used for said purposes. `t'ogether with all ~~~' ' . singular the rights, he reditaments and appurtenances thereto be• longing or otherwise appertaining, includes;.;;`. a certain water ri as evidenced by a certain contract dated on the 8th day of November, 1911 and e~ecut®d by the Anaheim Investment Company, a corporation, and said V. U. Simpson and which provides that the said Anaheim In- vestment Company, a corporation shall and it therein agrees to fur- nish to the said V. U. Simpson, or his assigns, water for the irri- gation of said real property hereinbefore described, at the cost pries to it of such water so furnished, together with the use of such ditches, piper. lines or other conduits running from the pumping ~1 or plants owned or controlled by the said Anaheim Investment Company, for the conveyance of said water to said land subject nevertheless to the Condit ions in said c ont r~aet coat s,inad. 11• That said Board of Trustees of the City of An aheim doh 1 2 3 4 6 8 7 8 9 10 11 12 13 14 lb 16 17 10 19 20 21 22 2a 84 26 26 27 98 2 9 ~, 30 31 ~' 32 hereby resolve and determine to purchase said real property and all of ®- rights, interests and hereditamenta herein appertaining, in- cluding all right, title and interest to the said V. U. Simpson in and to the said contract for the folloaving considar$$~t~s to-wit; Bonds of the United States Second Liberty Zaati, series of 1917, of the par value of 5500.00 with the accrued interest thereon; and X5500.00 in cash lawful money of the Unified States. That the Presi» dent of the Board of Trustees of the City of Anaheim be and he is hereby instructed to draw a warrant on the Treastzrar of said City of Anaheim, in the manner and form provided by law and the Ordinances I~ of said City, in the sum of X5500,00 payable to the said V. U, Simp- I san and the City Clerk of the said city is hereby instructed to ~ i counter-sign the same and to deliver said. ~rarrant, together with I Bonds of the United States Second Liberty Loan, series of 191'7, of !~ the par value of X5500.00, to the said V. U. tiimpson upon the fol- lowing conditions aid not otherarise, to-wit: 1. That said V. U. :imp son deliver unto the said City of Ana. heim, a goad and sufficient Leed, duly executed and acknowledged by him before an officer authorized to take acknowledgments, granting and conveying to said City of Anaheim all of the right, title and interest of said V. [T. Simpson in and to s~i.d premises subject on1; o lien of taxes for the fiscal year 1918-1919. S. ~dhen said V.U. Simpson is able to furnish to the city of naheim an unlimited certificate of Title executed and issued by ome reliable corporation within the County of Orange, auth~~.se~d y law to execute such Certificates of Title, sho~~rring the title in aid premises to be vested in the said V. U. impson free and clear f all incumbrances, except the lien fora taxes of the fiscal year 918-1919, And thereupon said V. U. Simpson shall at his own ex- ~nse cause such Certificate to be p$acuted provided however, that - 8 ~j „_ I 1 ` such certificate shall show the title to said premises to be vested i' 2 in said City of 9nahei~t subject to the lien for taxes as aforasaid•j 3 j'ha a~pense of said certificate shall be borne by said V, U. Simpson; 4 providing, however, that said City of Anaheim, shall pay whatever 5 expanse, may be necessary to cause said certificate of ;i'itla to e show the title to said premises vested in said City of .Anaheim„ 7 2. That the said V, U, $:sp~• deliver iznto tike City of 9na. 8 jheim said contract with said Anaheim Investment Cam parry, together 9 ith a written assignment thereof, duly ex®cuted and a,ck;zowledged 10 b him, assi ni y g n8 and transferring all oz the right, title and inte~- 11 I eat of said V, U. Simpson in and to the said contract unto the City i 12 ~~ of Anaheim. i 13 ~I !ha•' City TraBSUrer of the City of Anaheim is directed to i 14 I, forthwith deliver CTnited States Bonds in the Second Liberty Loan, 1b series of 1917 of the par value of ~p5500.00 to the City Clark of 18 said City of Anaheim, for the purpose of carrying out this resole- 17 Lion. 111. 18 ~. ;~ This resolution is hereby declared to ba a resolution for 19 the immediate preservation of the public health and safet wit y hin 20 the meaning of an act of the Legislature of the State of California 21 entitled, "An Act to provids~ for direct legislation by Cities and j 22 towns, including Initiative and Referendum"`, approved Janaasy 2, 23 191, and all sets amendatory thereof and supplementary thereto. I 24 And the: same shall go into effect and be in full force immediately 26 after its passagq. That the facts constituting the urgency ~©~ the. 26 immediate passage and taking effect of this resolution era as fol- ~ 27 lows; 98 That for several years last past the City of Anaheiffi has opara_~ 29 fed and maintained a sewer fern; for the treatment and disposition o 30 the sewage of said City of Anaheim, by means of certain tank known, 31 sxi Imhoff Tank and by a process of irrigation and the spreading of a2 he effluent from said tank upon the lands in the vicinity of said .ewer farm. ghat on to-wit, tiie 19th day of April! 1918, - 3 .~ 1 2 3 4 b 8 7 e 9 10 11 12 1$ 14 lb 16 17 18 19 20 21 22 2a 24 26 26 27 88 29 a0 al S2 a judgment and decree was duly made and entered in the Superior Co of the State of California, in and for the C ounty of Orange, in sn action th6~rein pending, in which the ~aopls of the State of Califo nia was .plaintiff ~.nd the City of Anaheim and John ~. Rockwell were d®fendants, in and by which said judgment and Decree the fumes, odo and gases arising and emmanating from said tank and from the efflu- ent and sew~,e spread by a process of irrigation upon the lands upo ~ which said tank is situated and upon lands situated in the communit described in the com~~laint in said action and from the s©wags irri- ' gated lands in said caimmunity and the disslmi~ation of said odors ~, through the s~.id vicinity were adjudged to be a public. nuisance therein and said DafeAdants ware therein en~oinad and ~.strad~e~l from maintaining said 8,ged public nuisance and. ware therein ordex' I ed by said Court to abate said public nuisance s~ithin One Hundred (1Q©j days after the notice of entry of the Judgment in said cation And that $haresfter and on to-wit the 22nd day of April, 1918 said difendants v~ere served with a notice of the entry of said judgment, That thereafter and within said period of one hundred days said City of Anaheim did cause another and additional Imhoff Tank to be constructed upon said premises dc~signatad as said se~e7c I, farm and that the same is now in operation. That said land desig- nated as said sewer farm is inadequate to property dispose of the sewage and effluent emmanating from said Septic tanks and it will necessary to acquire other and additional lands for the pr~eretre meat and disposition of said sewage. That said period of one hundre days has expired. That said se~wege cannot be properly and efficient ly treated unless said City of Anaheim immediately acquires other lands for that purpose. ,And it is therefore necessary for said City of Anaheim to immediately acquire the lands hereinbefore described for the purpose of complying with the terms of said order and Decree of said Superior court. The foregoing resolution is signed, approved and attested me this 29th day of August, 1918. .~ 4 - r t 1 2 a 4 5 6 7 9 l0 11 12 13 14 is 18 17 18 19 20 21 22 23 24 2b 26 27 88 29 a0 31 32 rc~ ~ annz 0 ~ 'C he .l30 0 f T ru st e 8 8 ~'~ of he City of Anah m. l~ r'l'3 . ~ ~: ~:e r o ~~ ~E~!r~-Ci y o f .Ariake im, STATE OF CAL1~{O~NIA, ~ ©UNTY OF ORANGE, ~ ss. ~I~'Y Ol' ANAII~I~. ~ I, Edward B. ~®rritt pity Clerk of the City of Anahei~t da zeraby certify thet the foregoing rasvlutioa was duly passed and ~.dopted by afoot-fifths vote of the me~~nbers o-f the said Board of ~rustaas of the City of Anaheim, at a regular adjourned me sting of Said Board of Trueteas held on the 29th day of August, A. D. 1918. -y the following vote; AYES , Trust a e s s ~,~, ~, ~ C ~G.,~./~ ~7-r ~~a.al ~ ;~~ e1~2 NOES, Trustees: ,~~.~ r i Absent and not voting, Trustees; `-~-~~ And I further certify that the ~rasident of the Board of ruetaas of the City of Anaheim signed and approved said resolution n the 29th day of august , A. D. 1918. IPS r~ITNE88 w~OF, i have ha re unto sat my hand and af- iBed the seal of the said City of Anaheim, this 29th day of August 918. ~ . ~..u i ~. i :l 3.e rk o f '- y v~ ha im. 5 .~