Resolution No. 633451
RESOLUTION NO. 633
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AUTIHORIZING THE EXCEUTION OF AN AGREEMENT
FOR THE CONVEYANCE OF CERTAIN REAL PROPERTY.
WHEREAS, certain property located in the City of Cypress, described in
Exhibit "D" of the proposed agreement by and between the City of Cypress and
Title Insurance and Trust Company marked Exhibit "A" and attached hereto and
made a part hereof, is presently owned by the Cypress School District; and
WHEREAS, Cypress School District has taken proceedings as provided by
law for the conveyance of said property to the City with the condition that
Title Insurance and Trust Company convey certain other property owned by it to
the Cypress School District; and
WHEREAS, the City is not paying any consideration for the property to be
conveyed to it by the Cypress School District; and
WHEREAS, this City Council, for and in consideration of certain street
dedication by Title Insurance and Trust Company and the improvement thereof
and in the public interest for the purpose of realigning the boundaries of
the Cypress School District property, desires to accept the conveyance of the
property described in said Exhibit "D" and as soon as practical thereafter to
transfer said property to Title Insurance and Trust Company in satisfaction
of the matters stated in the recitals hereof;
NOW, THEREFORE, the City Council of the City of Cypress, DOES HEREBY
RESOLVE, DETERMINE AND ORDER as follows:
Section 1. That the City Council of the City of Cypress does hereby find
and determine that it is in the public interest that certain property to be
conveyed to it by the Cypress School District be reconveyed to Title Insurance
and Trust Company. Said property is more fully described in Exhibit "D" of the
proposed agreement set forth in Exhibit "A" hereof.
Section 2. That the City has no real interest in said property. That
the City is acting in the public interest in accepting the conveyance of the
property from the Cypress School District and reconveying said property to
Title Insurance and Trust Company.
Section 3. That for the reasons hereinbefore set forth and for and in
consideration of Title Insurance and Trust Company dedicating and improving
certain streets as provided in the agreement attached hereto as Exhibit "A ",
the City Council does hereby approve said Agreement and order the execution
thereof by the Mayor and City Clerk on or after the date the City Council has
accepted conveyance of said property from the Cypress School District.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held'on the 27th day of September, 1965,
--1, et i, tA d_j '47—
F
MAYOR OF THE CITY CYPRESS
ATTEST:
CITY CLERK OF THE ITY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was adopted at a regular meeting of the said
City Council held on-the 27th day of September, 1965, by the following vote:
AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
OF T11ECITY OF CYPRESS
"EXHIBIT A"
AGREEMENT
THIS AGREEMENT, made this 4th day of October , 1965,
by and between TITLE INSURANCE AND TRUST COMPANY, a California corporation,
as First Party and CITY OF CYPRESS, a municipal corporation, as Second Party;
W I T N E S S E T H
FOR and in consideration of First Party dedicating to public use for
street purposes those portions of Condee Street and Marion Avenue, all as
shown outlined in red on Exhibit "A" attached hereto and made a part hereof, and
for, and in consideration of First Party consummating all of the street improve-
ments on those portions of Condee Street and Marion Avenue, all as shown
outlined in purple on Exhibit "B" attached hereto and made a part hereof, all
of which street improvements shall be according to the usual standards and
requirements of Second Party, the Second Party does hereby agree to convey to
the First Party all that certain real property shown outlined in orange on and
described in Exhibits "C" and "D" respectively, attached hereto and made a
part hereof.
FIRST PARTY does hereby further agree to hold and save Second Party and
all of its present City Council harmless from and against any and all damages,
or liability, loss, costs, charges, attorneys fees and /or expenses of whatsoever
kind or character which Second Party or said present City Council shall, or may
at any time suffer, sustain or incur by reason or in consequence of its having
issued the conveyance referred to above.
IN THIS agreement whenever the context so requires, the singular number
includes the plural and when there is more than one person included as
Second Party, the provisions and obligations of this agreement shall inure
to the benefit of, as well as be binding upon such persons jointly and severally.
THIS AGREEMENT shall inure to and bind the successors and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
TITLE INSURANCE AND TRUST COMPANY,
a corporation.
By /s/ Walter A. Corbin
Vice President
By /s/ Vern Rodgers
First Party Assistant Secretary
CITY OF CYPRESS, a municipal
corporation.
By /s/ Frank P. Noe
Mayor
By /s/ Darrell Essex
Second Party City Clerk