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1968-596 RESOLUTION NO. 68R-~6- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT AMENDING THAT CERTAIN AGREEMENT ENTERED INTO ON OCTOBER 20, 1964 BETWEEN LOUIS E. NOHL AND THE CITY OF ANAHEIM, WITH REFERENCE TO THE CONSTRUCTION AND MAIN- TENANCE OF PIEZOr1ETER WELLS. WHEREAS, the City of Anaheim and Louis E. Nohl have heretofore on October 20, 1964 entered into an agreement whereby Louise E. Nohl deeded land to the City of Anaheim for the purpose of constructing a water reservoir; and WHEREAS, said reservoir has been constructed; and WHEREAS, said agreement permitted the City to construct and maintain four piezometer wells on said Louis E. Nohl's property; and WHEREAS, it was necessary to construct more piezometer wells than were permitted by said agreement; and WHEREAS, the parties desire to amend said agreement to provide for the construction of additional piezometer wells on said Nohl property; and WHEREAS, a form of Amendment to Agreement dated September 7, 1968, has this day been submitted to the City Council to be made and entered into between the City and said Louis E. Nohl, providing for the amendment of said agreement dated October 20, 1964 to permit the installation and construc- tion of more piezometer wells, as more particularly set forth in said amendment; and WHEREAS, the City Council finds that said Amendment to Agreement would be in the best interests of the City and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Amendment to Agreement dated September 7, 1968, this day submitted to the City Council to be made and entered into by and between the City and Louis E. Nohl, providing for the amendment of that certain agreement dated October 20, 1964, as follows: 1. Paragraph 9 of that agreement entered into on the 20th day of October, 1964, by and between the parties shall be amended to provide as follows: 9. Louis E. Nohl shall agree to convey to the City permits for the installation and construction of six piezometer wells for the measurement of the water table surrounding the reservoir site and designated on the map attached to said Amend- ment to Agreement, marked "Exhibit A,II according to the California Lambert Grid System Coordi~ates shown on said Exhibit A. -1- ..,.,~"."...~....,_...,,-,",~..._""".< ...~.-,~. '.,,-" Louis E. Nohl shall agree that the City shall have the right of ingress and egress as may be necessary for the construction, installation and operation of said piezometers, such ingress and egress to be mutually agreed upon between the parties. The City shall agree to restore all property disturbed as a result of said installa- tion operations. The City shall agree to raise, extend, or relocate said piezometers as may be required by the development activities of Louis E. Nohl's property, PROVIDED, HOWEVER, that the obligation to raise, extend or relocate said piezometers because of Louis E. Nohl's develop- ment activities shall be limited to one time with respect to each piezometer well. The City shall agree to remove said piezometers should legal requirements and reservoir operations make their continued use unnecessary. 2. That certain agreement entered into between the parties on the 20th day of October, 1964, shall remain in full force and effect except to the extent that the provisions of the Amendment are inconsistent therewith. be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to execute said Amendment to Agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by 24th day of September, 1968. me this ATTEST: /~~} ~ ( ((/ /_ /4. <o/~ MM!'~ OF ~ C1 OF 1M ~LE~fbP'~~~~AHE1M -2- -""""._.~-.,,,. ---"~"._'" ..".-....-- STATE OF CALIFORNIA ) roUNTY OF ORANGE ) 55. CITY OF ANAHEIM ) I, ~E M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 68R-596 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 24th day of September, 1968, by the following vote of the members thereof. AYES. OOUNCILMEN I Dutton, Schutte, Clark and Pebley NOPSI roUNCILMEN : None ABSENT: roUNCILMEN : K re in AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 68R-596 on the 24th day of September, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of ~eptember, 1968. ~ i /r?~~ ')t - :2-hA~~Af/ CI t:ClERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R-596 duly passed and adopted by the Anaheim City Council on September 24, 1968. ~ c k. ):L;,2._--, , City Clerk == ....~.___... d......_._._~.~.,.......~._ .____~. _....____"-_~....~...__o_.~."...~~__;..._,,_"'.,'''",c,,...*''_.,''"'.._'C ----......--,,-."