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64-710RESOLUTION NO. 64R-710 RESOLUTION FINDING AND DETERMINING COMMON BENEFIT, NECESSITY AND PROPRIETY OF THE CONSTRUCTION AND OPERATION OF A MUNICIPAL STADIUM FOR MUNICIPAL RECREATION AND EX- HIBITION PURPOSES ON CITY OWNED LAND; AND DESIGNATINQ SITE FOR SAID STADIUM. WHEREAS, the City of Anaheim (herein called the "City") is or will be the owner of real property situated in the City and more particularly described in Exhibit 1 attached hereto and made a part hereof (hereinafter called the "Sl~e"); and WHEREAS, a stadium designed for public.assembly, which when completed will constltute-a recreation center for public recreation designed for the exhibition of major league baseball and usable for the exhibition of dramatic productions, sporting events, professional and amateur football, school and other public athletic events, and sporting events and exhibitions for the public benefit of the City of Anaheim and its inhabitants (herein called the "Facility") would provide an improvement in the.recreational and exhibition facilities of the City, and the City requires such a Facility; and WHEREAS, Anaheim Stadium, Inc.~ a nonprofit California corporation~ is willing to erect or cause to be erected such a Facility on the Site and will finance all or substantially all of the cost of construction of said Facility by the issuance and sale of bonds of said Corporatic $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim, as follows: It is hereby found and determined that it is for the common benefit and is necessary and proper that the Site be used as the Site for a stadium designed for public assembly, which when completed will constitute a recreation center for public recreation designed for the exhibition of major league baseball and usable fo~ the exhibition of dramatic productions, sporting events, pro- fessional and amateur ffootball~ school and other public athletic events, and sporting events and exhibitions for the public bene- fit of the City oF Anaheim and its inhabitants, and the City does hereby designate said Site for said purposes. PASSED AND ADOPTED this _29,th day of ~ePt_e_._~e_r_~,;"' 196~, by the following vote: AYES NOES Councilmen Pebley, Dutton, Krein and Chandler Counci linen None ABSENT.~ Gouncilmen Schutte [SEAL] C~LERK ' S,. ~C ,ER.,TI, F.,I CAT~EE I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, State of California, do hereby certify that the foregoing is a full, true and correct copy of a resolu- tion duly adopted at a regular meeting of the City Council of said City duly and regularly and legally held at the regular meeting place thereof on the 29th_ day of _September , 1964, of which meeting all of the members of said City Council had due notice; that at said meeting said resolution was introduced by Councilman Dutton and read in full and was thereupon, upon motion of Council- man Dutton , seconded by Councilman Krein adopted by the following vote: AYES: Councilmen Pebley, Dutton, ~ein~ and Chandler NOES: Councilmen None ABSENT: Councilmen Schutte That I have carefully compared the same with the original minutes of said meeting on file and of record in my office, that said resolution is duly entered of record in the minutes,.that said resolution is a full, true'and correct copy of the original resolution adopted at said meeting and entered in said minutes, that said resolution has not been a amended, modified or rescinded since the date of its adoption and that the same is now in full force and effect. WITNESS my hand and the seal of said City, this _2Rihday of r_~optambor .... ' 1964. TO: CITY ATTORNEY~ S OFFICE FROM: ATTENTION: JOHN DAWSON RIGHT OF WAY AND LAND SECTION PERIMETER AREA OF THE PROPOSED BASEBALL STADIUM AREA, described as follows: Those portions of Lots 3,4, and 5 of Tract No. 71, as shown on a Map recorded in Book 10, page 22 of Miscellaneous Map, records of Orange County, California, and Lot 7 of the Travis Tract, as shown on a Map recorded in Book 5, page 120 of Miscellaneous Records of Los Angeles County, California, and Lot 8 of the Glassell and Chapman Tract, as shown on a Map recorded in Book 5, page 408 of Miscellaneous Records of Los Angeles County,California, and the Rancho Santiago de Santa Aha, all as shown on a Map of Survey recorded May 5,1964 in Book 72, page 18 of Record of Surveys in the office of the County Recorder of Orange County, California, (Excepting therefrom all that land lying Southerly of the Easterly prolongation of the center line of Orangewood Avenue, as shown on said Record of Survey Map) attached hereto, designated as Exhibit I Part II. Exhibit I SEE ORIGINAL RECORD ', ECORD OF SU RV-E B F__.JN ("' , o PORTIONS OF LOTS 3 4,&5 OF TRA(...T N'I.~vl 10-22, LC,:' 7 TRAVIS TRACT M.R. LA 5--12.0, "'"" A~":'-:L t .... & :"iH-APMAN -F:RAr'T MR. LA '~-408 A N [) ', HE RANCt-iO >,AIW'I"iA JO ,, ,n, ,:.,,AN i.>~, ANA TY' OF ANAHEIM ORAN"-'"- ~ ...... , CALIF'-OR, ., ,,::, c_ ,,,., 0 LJ N '1'-'"r' "' J, O~,~ EY RE L-'- L · ~-~,,. 2988 SCA L_E I"- 300' A P R IL 'q 1 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 29 51 SZ of AGREEMENT THIS AGF~EMENT, made and entered into this ........ , 1964, by and between LOUIS E. NOHL, MARGARET E. NOHL, hereinafter collectively referred to as "GRANTOR~," A THE CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "GRANTEE." day WI TNE S SE TH WHEREAS, GRANTORS AND GRANTEE contemplate the inclusion of major portions of GRANTORS' property within the city limits of GRANTEE by way of annexation proceedings, including those po~[ions of GRANTORS' property covered by this agreement; and WHEREAS, GRANTORS desire to annex portions of their property to the GRANTEE and desire to use water from GIA~NTEE's water system for the development of said property; and WHEREAS, GRANTEE desires to obtain site for current and seasonal water storage reservoir at elevation which eli- minates the necessity for pumping to serve the present and anticipated population and development of GRANTEE; and WHE~S, GRANTEE is desirous of installing water trans- mission mains necessary to serve the existing residents of GRANTEE and to install said water transmission mains in, a man- ner which can also be utilized in the ultimate development of GRANTORS' property, including the installation of said mains within the projected right-of-way for future contemplated public roads which will be necessary in the ultimate development of GRANTORS' and others' property; and WHEREAS, GRANTORS and GRANTEE wish to cooperate for the best interest of both parties concerned toward ~.he ultimate development of GRANTEE and GRANTORS' property. -1- 1 2 $ 4 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 29 NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenents and promises of the parties hereto, it is hereby agreed by and between them as follows: 1. GRANTORS agree to convey to GRANTEE. a reservoir site consisting of 78.6 acres and designated as Parcel No. 5 on the map hereto attached marked Exhibit ."A" land made a part .. of this Agreement. 2. GRANTORS agree to convey to GRANTEE an easement 22 feet wide consisting of approximately 3.9 acres for use as a perimeter road. The approximate location of said perimeter roadway easement shall be designated as Parcel' No. 6 on the map hereto attached marked Exhibit "A". 3. GRANTORS agree to convey to GF, ANTEE the slope areas of real property consisting of aPproximately 2.98 acres and designated as Parcels Nos. 10, 11 and 12 on the map hereto attached marked Exhibit "A". 4. GRANTORS agree to convey to GRANTEE an easement 20 feet wide and consisting of approximately .75 acres for use , as an access road. The description of said easement shall be designated as Parcel No. 7 on the map hereto attached marked ' Exhibit '~A". a 5. GRANTORS agree to convey to GRANTEF,/95 foot ease- ment for a right of way for a service road and for the realignment of Walnut Creek for drainage purposes. Said~easement shall be described as extending from the Santa Ana Canyon Road to the culvert consisting of 4°2 acres and designated as Parcel No. 1 on the map hereto attached marked Exhibit "A". 6o GRANTORS agree to convey to GRANTEE an easement for a right of way for a service road which shall be described as extending from the culvert referred to in the previous paragraph to the access road at the base of the reservoir site and which shall consist of approximately 7.2 acres and designated as~ -2- 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 Parcel No. 2 on the map hereto attached marked Exhibit "A". 7. GRANTORS agree to convey to GRANTEE the areas of property lying to the west and north of the access road and bordering on the Heman property, consisting of approximately 2.42 acres and designated as Parcels Nos~. 3 and 4 on the map hereto attached marked Exhibit "A". ~ 8. GRANTORS agree to convey to GRANTEE easements for , the installation and construction of water transmission pipelines which shall connect the outlets at the approximate station 201+70 of the Metropolitan Water District line to the reservoir site, said easement to consist .of .53 acres and designated as Parcel No. 13 on the map hereto attached marked Exhibit "A". GRANTEE shall assume all costs for protective measures made necessary to protect the pipelines as the result of earth filling placed over such pipelines due to development of GRANTORS' property. 9. GRANTORS agree to convey to GRANTEE permits for the installation and construction of four piezometer wells for the measurement of the water table surrounding the reservoir site and designated on the map hereto attached marked Exhibit "A" according to the California Lambert Grid System Coordinates, as fo llows: N. 613,690/E. 544,320 N. ,613,023/E. 543,618 N. 611,215/E. 544,255 N. 611,185/E. 544,355 GRANTORS agree that GRANTEE shall have such right of ingress and egress as may be necessary for the construction, installation, and operation of said piezometers. GRANTEE agrees to restore all property disturbed as a result of said installation opera- ~ions. GRANTEE agrees fo raise, extend, or re-locate said piezo- meters as may be required by the development activities of GRANTORS' property. GRANTEE agrees to remove said piezometers should legal requirements and reservoir operations make their -3- 1 2 $ 4 5 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 £5 26 27 28 29 30 32 continued use unnecessary. 10. GRAN~E shall pay to GRANTORS for the property and easements described heretofore and for damages to orchards resulting from all construction activities the sum of Seven Hundred Thousand, Eight Hundred and Seventy Eight Dollars ($700,878.00),. 11. GRANTORS agree to convey to GRANTEE permits to remove from GRANTORS' property sand, gravel and siltstone material as may be necessary in the construction of the dam and roadways. GRANTORS reserve the right to designate the location of the borrow areas and GRANTEE agrees to pay to GRANTORS the sum of twenty-five cents per cubic yard of borrow materials used by GRANTEE. GRANTORS shall permit GRANTEE ingress and egress for the removal of said borrow materials referred to herein. GRANTEE agrees to plant and restore all areas of GRANTORS' property which shall be affected by the removal of said borrow materials. The location of said borrow areas and the removal of , materials therefrom shall be in accordance with the plans sub- mitted by Boyle Engineering and as approved by GRANTORS and GRANTEE. 12. When development occurs, if the slope areas located along the peripheral road easement and designated as Parcels Nos. 10, 11 and 1~ on the map hereto attached marked Exhibit "A" may be used by the Developer, GRANTEE shall allow GRANTORS or their successors to purchase such usable areas at a price to be agreed upon.between the parties. 13. Gonstruction of the reservoir as completed shall not divert natural drainage above or below the reservoir site. · GRANTEE agrees to provide seeding and landscaping around the treatment plant facilities and balancing reservoir, and on the downstream face of the dam in a manner as shall be agreed upon , -4- 1 2 4 § 6 7 8 9 10 11 12 14 15 16 17 18 19 2O 21 ~4 25 26 27 28 29 30 51 32 by GRANTORS and GRANTEE. 14. GRANTEE shall erect a temporary fence along the perimeter of the reservoir site as asreed upon by GRANTO~ and GRANTEE. Upon completion of said reservoir, G~F~E shall erect a permanent chain-link fence.Around the reservoir within the perimeter df the property embraced within Said reservoir site. 15. For a period of seven years following its construc- .. tion, said reservoir shall be used for the stoFage, softening. and filtration of water and for other purposes in connection with , the service of water for domestic use, but for no other purpose. 16. Should GRANTEE be required by law to station permanent residential personnel in the area of the reservoir site, such personnel shall occupy property owned or controlled 17. In connection with the easement for a service road as described in Paragraphs 5 and 6 above, GRANTEE shall grade and improve said easement for a sixty-foot roadway. GRANTEE shall seed and maintain all slopes in cut and fill areas until the adjoining areas containing said slopes are developed. Such improvement shall include the installation of two twelve-foot lanes or twenty-four feet of asphalt pavement and other neces- sary improvements. In connection with the easement for realign- ment of Walnu~ Gr~ek described in Paragraph 5 above, GRANTEE shall realign Walnut Greek extending from Santa Aha Canyon Road to the culvert as described by the plans of Boyle Engineering Company o 18. In connection with the construction of the reser- voir, it is recognized by GRANTORS and GRANTEE ghat there will be a certain amount of seepage through the dam and occasion for the discharge of water from the dam. GRANTORS shall accept ~'the seepage or discharge of such wa~er upon the property below the -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 24 25 26 27 28 29 30 31 32 dam to the extent that such seepage or discharge does not cause danger to GRANTORS' property. In consideration of such accept- ance, GRANTEE shall improve and maintain the a~rea of Walnut Creek for the protection of GRANTORS' propertM from such seepage and discharge in accordance with plans to be approved by all parties to thi~ Agreement. GRANTORS agree that GRANTEE shall have reasonable rights of access for ingress and egress as may be necessary for the maintenance of said area of Walnut Greek. Such improvement and reconstruction of Walnut Greek shall be com- pleted within three years following the construction of the reser- voir. The acceptance of seepage and discharge water into Walnut · Greek shall not be construed as a specific easement for such purpose but is an acknowledgment only of,the general theory of acceptance of such water. -~ ~ 19. Cut and fill areas outside of the reservoir site shall be located as agreed upon by GRANTORS and GRANTEE and identified on the plans of Boyle Engineering. Ail cut areas shall be daylighted as indicated on the plans of Boyle Engineer- , lng. GRANTEE shall compact fill areas to a minimum of 90% density according to the standards defined by the plans of ' Boyle Engineering and agreed upon by GRANTORS and GRANTEE. GRANTEE shall appoint and pay the cost of an engineer who shall inspect the cutting and filling and supervise the compaction according to the'standards set forth above. The preparation of the fill area and the filling with any required sub-surface drains shall be done under continuous inspection by a soils engineer who shall be approved by GRANTORS and GRANTEE. GRANTEE shall plant and restore all disturbed areas of cut and fill. 20. GRANTEE shall construct a permanent transmission line as described on the plans and specifications of Boyle Engineering. Said transmission line shall bypass the reservoir to the base of 'the dam and GRANTEE shall allow GRANTORS ag -6- 1 2 $ 4 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 32 GRANTEE's cost to make connection thereto. GRANTEE shall permit , GRANTORS to be supplied with water, from said transmission line on the same basis as GRANTORS are presently entitled to take water directly from the joint connection on the Metropolitan Water District Line owned by GRANTORS, GRANTEE' and the Gity of Orange. In the construction of any pipelines which extend from the dam, GRANTEE shall provide outlets at places specified by GRANTORS, such outlets shall be for use by GRANTORS and at GRANTORS' cost. The only limitation on the use of water by GRANTORS from the above pipelines shall be such limitation as may be imposed by the Metropolitan Water District or the Orange County Municipal Water District on GRANTORS'use. GRANTORS shall pay for such water at the same rate as that of any other Metropolitan Water District user. When GRANTEE furnishes GRANTORS treated water, the cost for such water shall be in conformity with charges made for similar service to residents of GRANTEE provided, however, GRANTORS shall not re-sell such treated water. GRANTEE shall realign GRANTORS' existing water transmission line which extends from the Metropolitan Water District line in order that there shall be no interruption of water service during the period of construction. The above pipelines shall be constructed in accordance with the plans of the Boyle Engineering Company and as approved by all parties hereto. 21. GRANTEE shall in the construction of said treated water transmission lines provide outlets at GRANTORS' cost at such practical locations as may be necessary for the furnishing of water for agricultural, domestic or livestock use, and use in homes or barns in connection with such activities of GRANTORS. It is agreed by the parties hereto that when the property of GRANTORS is annexed to GRANTEE and developed for non-agricultural -7- 1 Z 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 24 25 26 27 28 29 30 51 uses, such non'agricultural users of treated water shall be connected to GRANTEE's water system and shall pay the cost for · such service in conformity with charges made for similar service to residents of the City of Anaheim. 22. With regard to the construction of the service road described in Paragraphs 5 and 6, GRANTEE ~!shall make open- ings and install gates or cattle guards in all fences through which said easement extends and shall realign fences that have been .disturbed. GRANTEE shall keep all gates closed and locked at the entrance of said easement and admit 0nly authorized~ ~personnel to use the ~oad.. Should GRANTORS and GRANTEE agree to have the road open to public traffic, GRANTEE shall fence both sides of the roadway and provide under and over passes at designated locations in order that cattle may graze on both sides. However, if GRANTORS elect to develop areas adjoining said roadway or areas served by roadway, GRANTEE shall not bear the burden, of fencing in such locations. At such time as GRANTORS shall designate~', GRANTEE shall provide an adequate under pass between stations 62+00 to 67+00 for cattle grazing or a golf tour se. 23. GRANTEE shall place all cut material which is not used in the roadway in areas which shall be agreed upon by GRANTORS and GRANTEE and in accordance with the plans of Boyle Engineering. Such areas shall be properly prepared before placement and shall be compacted to standards set forth above. Ail borrow material shall come from areas which shall be a§reed upon by GRANTORS and GRANTEE and all dis=urbed areas shall be restored and planted by .GRANTEE. 24. GRANTEE shall replace the irrigation system which serves the orchard located west of the corrals and south of the proposed Lincoln Avenue. ~. 25. GRANTORS shall have the right to use the road - -8- 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 extending across the top of the dam in order to reach adjoining areas and in order to serve homes when develoPment takes place. GRANTEE further agrees to convey to GRANTORS a~ easement for utility purposes along said road. The design Of such utility lines as shall be constructed along said road shall be subject to approval by- GRANTEE. 26. GRANTEE shall take proper measures in order to control water seepage and discharge from the dam in a manner so as not to cause damage to GRANTORS' property. GRANTEE agrees that no restriction shall be imposed on ~he use or develop- ment of such land located below the dam site as a result of the construction of the reservoir~ or because of the respective loca- tions of GRANTORS' property and the reservoir site. 27. GRANTEE shall construct a reservoir upon the site described in Paragraph 1 of this Agreement, together with the construction of roadways, drainage facilities and pipelines all in accordance with the terms of this Agreement and complete the same with all due diligence subject, however, to delays caused by fire, storm flood or other Acts of God, by war or act of public enemies, by restrictions of the use, 'procurement of, inability to obtain materials, by strikes, by unusual delay in transportation~ unavoidable casualties, or any cause beyond the control and without the fault and negligence of the GRANTEE and its contractor. ,The time of completion shall be extended for the length of time equal to the delay caused by any of the above- mentioned causes or for such additional gime as shall be mutually agreed upon by GRANTORS and GRANTEE. It is specifically provided by and between the , GRANTORS and GRANTEE hereto that if the reservoir site should be abandoned as a reservoir or the construction thereon be permanently abandoned within seven years of the date hereof, GRANTORS shall have the right to purchase the reservoir site -9- 1 2 3 4 § 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 from GRANTEE at the same price as sold to GRANTEE. At the end of said seven-year period, if the reservoir site should be abandoned by GRANTEE, or the use thereof discontinued for a continuous period of three years after Completion of construction, GRANTORS shall have the right to purchase the reservoir site' from GRANTEE at the appra~sedmarket value of said site and the appraisal thereof shall be made by a qualified real property appraiser approved by both GRANTORS and GRANTEE, and the appraised value as set by said appraiser shall be the price at which the GRANTEE shall have the right to purchase said property. Each party shall pay one-half of the cost of said appraisal, Ail rights of GRANTORS under this paragraph shall expire at the end of twenty years from the date of this agreement and after such time GRANTOR~ shall have no right of purchase except such rights as are in common with any other member of the general public. 28. GRANTORS except and reserve all oil, oil rights, natural gas, natural gas rights, and other hydrocarbons of a gaseous or fluid nature, by whatever name known, that may be within or under the real property conveyed herein without, how- ever, the right eVer to drill, dig or mine through the surface of or ~ithin any area between the surface and five hundred feet below the bottom of the major reservoir storage facilities, pressure regulating stations and appurtenances of said real property .acquire~ by GRANTEE. 29. It is stipulated and agreed by and between GRANTORS and GRANTEE that inspections and approvals by GRANTO~ shall not be construed to impose liability upon said GRANTORS for construction operations under this Agreement nor shall ig be construed as a waiver of any liabiligy of GRANTEE which may - be imposed by law. 30. GRANTEE agrees to hold harmless and indemnify GRANTORS, their successors and assigns, against all claims, -10- 1 2 $ 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 3O 31 32 demands, costs of action and damages includihg losses of livestock and losses resulting from fire, arising out of GRANTEE's con- struction, maintenance, occupation, use and enjoYment of the rights-of'way and easements and property herein'granted to it. GRANTEE's indemnity under this paragraph with respect to rights- of-way shall terminate when such rights-o.f-way are dedicated as public streets. No provision of this Agreement shall be construed to deprive'GRANTORS from recovery for any damages to which GRANTORS would be entitled as a matter of law. 31. GRANTORS shall have the right to dedicate for public road purposes and GRANTEE shall accept such dedication of any or all easements herein referred to including the peri- meter road easement, easements of access, and water transmission line easements. 32. All real property, .'~easements, slope areas, cut and fill areas, and other geographical references referred to in this Agreement shall be located in accordance with the plans and specifications submitted by Boyle Engineering Gompany and identified on the maps hereto attached marked Exhibits "A" and "B". The exact legal description of parcels may be substituted by the parties hereto and upon attachment shall supersede the general description as referred to in said Exhibits. 33. Each and all covenents, conditions, and agreements herein contained ~hall be binding upon and inure to thebenefit of transferees, assignees and successors in interest of all parties to this Agreement. THE CITY OF~ANAHEIM '~ ' i ! ,,~f ,--- , ,, . \\. f Attegt: x~ C'i'ty ~erk' "GRANTEE ' ~)Ui"S E. 'N'OHL "GRANTOKS" -11 .