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66-769RESOLUTION NO. 66R- 769 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND LEDGER T. AND GLADYS K. SMITH, RELATING TO THE ACQUISITION OF EASE- MENTS IN CONNECTION WITH THE KATELLA AVENUE UNDERPASS. WHEREAS, Ledger T. Smith and Gladys K. Smith, husband and wife, are the owners in fee of certain property contiguous to the railway tracks of the Atchison, Topeka Santa Fe and contiguous to Katella Avenue; and WHEREAS, the City Council of the City of Anaheim finds that in connection with the construction of a necessary underpass separating the grade of said railroad and said Katella Avenue, it will be necessary to acquire both permanent and temporary easements over the said property of Ledger T. and Gladys K. Smith; and WHEREAS, said owners are willing to grant both tempo- rary and permanent easement deeds to the City of Anaheim in consideration of the. City's granting ingress and egress and constructing two, thirty (30) foot driveways on the Katella Avenue frontage of their property and reimbursing said owners for trees removed or damaged in the construction of said under- pass; and WHEREAS, the City Council has reviewed an agreement between said Ledger T. Smith and Gladys K. Smith and the City of Anaheim and finds that it is in the best interest of the City to enter into such an agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that it authorize and direct, and it does hereby authorize and direct, the Mayor and the City Clerk to execute an agreement between Ledger T. Smith and Gladys K. Smith and the City of Anaheim in substantially the same form as the copy of said agreement this day submitted to the City Council and on file in the Office of the City Clerk. THE FOREGOING RESOLUTION is approved and signed by me this 13th day of December, 1966. ATTEST: MAYOR OF THE CITY ANAHEIM •61.00y m/H STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 66R -769 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 13th day of December, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -769 on the 13th day of December, 1966. IN WITNESS WHEREOF, I have hereunto set my, hand and affixed the official seal of the City of Anaheim this 13th day of December, 1966. (SEAL) City Clerk CITY CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -769 duly passed and adopted by the Anaheim City Council on December 13, 1966.