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57R-4121 - - RESOLUTION NO. 4121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANA}IEIl.J: APPROVING A PROPOSED INDENTURE TO BE MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF ANAHEIM .L\ND SOUTHEF.N PACIFIC OOHPANY, GRANTING TO THE CITY ~~ EASE1'~NT FOR A la-INCH WATER PIPELINE AT CRONE AVENUE, NORTH OF BALL ROAD, AND AUTHORIZING THE EXECUTION OF SAID AGREDI~NT. WHEREAS, the Southern Pacific Company, a corporation of the State of Delaware, has tendered to the City of Anaheim an indenture granting to the City of Anaheim subject to the terms, covenants and conditions therein contained, the right to construct, reconstruct, maintain and operate a la-inch water pipe enclosed within a 20-inch steel casing, beneath the tracks and property of Southern Pa.cific Company, in the County of Orange, State of California, crossing the center line of Southern Pacific Company's track at Engineer Station 35+57 in the location shown in red on the print of Southern Pacific Oompany's Yuma Division Drawing ~4807, Sheet No.1, dated August 2, 1957, attached to and made a part of the indenture above mentioned. AND WHEREAS, said grantor has tendered to the City of Anaheim the indenture above mentioned to be executed by said Southern Pacific Company and the City of Anaheim, which indenture the City Council finds would be for the benefit and best interest of the City of Anaheim and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the indenture tendered to the City of Anaheim by the Southern Pacific Company, a corporation of the State of Delaware, granting to the City, but subject to the terms, covenants and conditions therein contained, the right to construct, recon- struct, maintain and operate a 10-inch water pipe enclosed within a 20-inch steel casing, beneath the tracks and property of Southern Pacific Company, in the County of Orange, State of California, crossing the center line of Southern Pacific Company's track at Engineer Station 35*57, as hereinabove more particularly described, be, and the same is, hereby approved and accepted; and BE IT FURT}iliR 2ESOLVED th&t the Mayor and the City Clerk be, and they are, hereby authorized to execute said indenture for and on -behalf of the 01 ty of Anaheim; and BE IT FURTHER RESOLVED that the 01 ty of Anaheim be, and he is, hereby authorized to Pec1fic Company the sum of Twenty-five Dollars Auditor of :pay to the ($25.00). the 01 ty Southern THE FOREGOING RESOLUTION is approved and signed by me this 1st day of October, 1957. .../{) /:/ ~! /~ '---'/~~~ MAYOR OF THE CITY OF ANAHEIM .~ ATTEST: - ---- be changed from ~A RESIDENTIAL-AGRICULTVRAL ZONE to R-3, 14ULTIPLE.F~ILY RESIDENTIAL ZONE, subject to the following condi t ions: 1. That all buildings erected on subject property shall be in accordance with the plans presented to the City Council and on file with the City of Anaheim. 2. That the owner of subject property place of record standard City of Anaheim R-3 Deed Restrictions approved by the City Attorney. 3. That an agreement be obtained from the Pacific Employers Insurance Co. to the effect that their lisbility under the bond posted for tract i~ provements in Tract No. 1647 will in no way be affected by the granting of this reclassification or by the resubdivision of any part of original Trs.ct No. 1647. 4. Said change of zone shall not become effective unless within sixty days, or such further time as the Counon may grs.nt, the restrictions herein re- quired to be imposed upon the property shall have been exec~ted by the owners of the property, sub- mitted to the City for approval and filed of record, nor until deeds for street widening or utility purposes, when required, have been executed and delivered to the City, BE IT FURTHER RESOLVED that the City Attorney be, and be is hereby, authorized and directed to prepare and submit to the City Council an amendment to Article IX, Chapter 2 of the Anaheim Municipal Code to amend said Anaheim Municipal Code to accomplish the object herein found and determined to be necessary and proper. 1st THE FOOEGOING RESOLtrl'ION is approved and signed by me this day of October , 19 57 . -...~ -::; // .../j #. .- -'" . . /./ ~- ~ /_.~ ~{/7// ~~ ?t-r ~YOR T- CITY OF A E~: ~- ~~' CI I ~~F Ji:~IM. -2- f7-1