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57R-3732 -. RESOLUTION NO. 3'732 ~. r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARAR2IM ACCEPTING A PiIT FROM THE ORANGE COUNTY FLOOD CON .. L DISTRICT GRANT- ING TO !IE CITY OF ANABEl PERKISSION TO USE THE RI~ OF WAY OF '1' ANAHEIK-BARBD. CITY FLOOD CONTROL CHANHE~ RIGaT OF WAY BETWEEN BALL ROAD AND C~ITOS AVENUE .AND AUTHORIZING 'I'D KAYOR AND 'CITY CLERK '1'0 EXECU'fE AN AOCEPT.ANCE TBlCI1EOr. WHEBEAS, the OBANGIi: COUNTY1 FLOOD CONTROL DISTRIOT, a body politic and oorporate of the S~ate of California, has ten- dered to tae City of Anaheim a permtt granting to the City of Anaheim, for a period of two years, ipermlssion to use the right of way of the Anaheim-Barber City F]ood Control Channel right of way between Ball Road and Cerritos Aivenue, sUbjeot to the follow- ing terms and conditions; 1. The City of Anaheim s~ll construct a pilot ohannel in said right of way, which channel shall be excavated as directed by the Flood Control Engineer, and it shall be centered. in the right of way. 2. All excavated material shall be removed. from the right of way by the City of Anaheim. J. The City of Anaheim shall save the Orange County Flood Control District, its officers, agents and employees harm- les8 and exempt from any and all penalties, liabilities or loss resulting from claims or other actions arising directly or in- directly from any damages or injuries to persons or property by reason of the acts or omissions of the City of Anaheim, its agents, employee I , or independent contractors employed by the City of Anaheim in exercising any of the priVileges granted in said. Permit or in consequenee thereof, or on account of changed drainage con- ditions resulting therefrom. AND WHEREAS, the City Council finds that the acceptance of said permit would be for the benefit and best interest or the City of Anaheim. NOW, THEREFORE, BE IT R1i:SOLVED by the City Council or the Ci ty of Anaheim that the permit tendered by the ORANGE OOtJlI'fi FLOOD CONTROL DISTRICT, a body politie and corporate of the State o~ Ca~ifornia, granting to the City of Anaheim, ~or a period o~ two years, permiSSion to use the rlgat of way of the Anaheim- Barber City Flood Contrel Channel right of way between Ball Roa4 and Cerrltos Avenue, subject to the terms, covenants, eonditions and agreements therein contained and hereinabove set forth, be, and the Bame is hereby aocepted. r AND BE IT FURTHER RESOLVED, that the Mayor and the City Clerk be, and they are hereby authorized to accept said permit for and on behalf of the City of Anaheim. -1- - ~ ~ me this THE FOREGOING RESOLUTION is signed and approved b,. 12th da,. of March . 19.57. ~/' ~~ / ~. .. ..' o'l~r-- A.TTEST: ;~tb!~T~i~~ STATE OF CAJ.,IFORlll COUB'fY OF OllHaE eIn OF ANAJlEIK ) ) ss. ) I, DENE H. WILLIAl(S. City Qllerk 01' the City of Anaheim. do hereby certif,. that the toregoing Resolution was passed and adopted a.t a regular meeting 01' 'the eu,. Council held on the ~tp day of March . 19.57. by the following vete of t umbers thereot; AYEs: OOUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser NOES: 8SENT: COUNCILXEN: None OOUNCILMEN: None AID I FURTHER CERTIFY that the Hayor 01' the Cit,. 01' Anaheim signed and approTed said Resolution on the 12th day of March . 19.57. IN WITNESS WHEREOF. I have hereunto set my .hand and affixed the seal of the Oi ty of Anaheim this 12th day of March . 19.57. ~~ . j )x ~ '. t,kM OF ~ bf"AiADD1 r -2-