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59R-5365 - RESOLUTION NO. 5365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECU'fION OF A SUPPLEMENTAL AND AMENDATORY AGREEMENT TO AN AGREEMENT DATED NOVEMBER 30, 1951, MADE AND ENTERED INTO BY AND BETWEEN THE LOS ANGELES & SALT LAKE RAILROAD COMPANY AND ITS LESSEE, UNION PACIFIC RAILROAD COM- PANY, AND THE CITY OF ANAHEIM, COVERING THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN ADDITIONAL POWER LINE ACROSS SAID RAILROAD COMPANIES' RIGHT OF WAY AND TRACK AT MILE POST 18.63, ANAHEIM BRANCH. WHEREAS, the Los Angeles & Salt Lake Railroad Company and its Lessee, Union Pacific Railroad Company, and the city of Anaheim did, on November 30, 1951 enter into an agreement giving the City of Anaheim the right to construct, maintain and operate three conductors of #20 B.C. wires carrying 12 KV, and two anehors for transmission of electrical power purposes over and across cer- tain property of said railroad companies near the City of Anaheim, said agreement bearing said railroads' identifieation "C.L.D. No. 10833, and C.D. No. 26496-1;" and WHEREAS, the parties to said agreement now desire to amend the same so that the City of Anaheim may construct, maintain and operate an additional power line across said railroad companies' right of way and track at Mile Post 18.63, approximately 600 feet south of Orangethorpe Avenue; Anaheim Branch; and WHEREAS, the Los Angeles & Salt Lake Railroad Company and its Lessee, Union Pacific Railroad Company, have tendered to the City of Anaheim a Supplemental and Amendatory Agreement to the agreement above mentioned, dated November 30, 1951, granting to the City the right to construct, maintain and operate an additional power line consisting of three conductors across said Railroad Companies' right of way and track at Mile Post 18.63, Anaheim Branch, in the location shown in yellow on said Railroad Companies' print marked "Exhibit B", attached to and made a part of said Supplemental and Amendatory Agreement, and providing for an amend- ment to the rental clause in said agreement dated November 30, 1951; and WHEREAS, the City Council finds that it would be for the benefit and best interest of the City of Anaheim to enter into said supplemental agreement and that the same should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Supplemental and Amendatory Agreement to the agreement made and entered into by and between the City and Lo Angeles & Salt Lake Railroad Company and its Lessee, Union Pacific Railroad Company, on November 30, 1951, tendered to the City of Anaheim by the Los Angeles & Salt Lake Railroad Company and its Lessee, Union Paeific Railroad Company, granting to the city the right to construct, maintain and operate an additional power line consisting of three #1/0 ACSR, 12 KV conductors acroSS said Rail- road Companies' right of way and track at Mile Post 18.63, Anaheim Branch, approximately 600 feet south of Orangethorpe Avenue in the -1- '-- -....--.~..- --. location shown in yellow on the print of said Railroad Companies marked "Exhibit B", dated May 28, 1959, attached to and made a part of said Supplemental and Amendatory Agreement, and providing for an amendment to the rental clause in said agreement dated November 30, 1951, be and the same is hereby approved and accepted. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to execute said agreement above mentioned for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 14th day of July, 1959. ~~~'cJ~~~ z;:; . .CLE~F ~~M STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s . CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 14th day of July, 1959, by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND IF FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 14th day of July, 1959. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of July, 1959. ~ / ~ /;f.-V:--~ 01 CLERK OF THE CITY OF ANAHEIM (SEAL) ",,,,,- "" ";. -2-