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63-0659RESOLUTION NO. 63R- 659 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDATORY AGREEMENT TO AN AGREEMENT DATED NOVEMBER 30, 1951, BETWEEN THE LOS ANGELES SALT LAKE RAILROAD COMPANY AND ITS LESSEE, UNION PACIFIC RAILROAD COM- PANY, AND THE CITY OF ANAHEIM, PROVIDING FOR THE SUBSTITUTION OF CERTAIN PRINTS TO ELIMINATE A'PORTION OF A POWER LINE. Pub. Utilitie Engr. 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 anchors for transmission of electricity for power purposes over and across certain property of said railroad companies near the City of Anaheim, in locations as shown in yellow upon said Railroad Com- panies' print, marked "Exhibit A," attached to and made a part of said agreement, said agreement bearing said railroads' identifica- tion "C.L.D. No. 10833, and C.D. No. 26496 -1 and WHEREAS, thereafter, on July 14, 1959, the parties to said agreement entered into a Supplemental and Amendatory Agreement covering an additional power line across said railroad companies' right of way and track at Mile Post 18.63, Anaheim Branch, in the locations shown in yellow on said Railroad Companies' print marked "Exhibit B," attached to and made a part of said Supplemental and Amendatory Agreement; and WHEREAS, by various extension riders the term of said agreement as supplemented and amended has been extended to and including December 2, 1965; and WHEREAS, due to the recent conveyance by said Railroad Companies to Thomas C. Stowe of a triangular parcel of land border- ing Pauline Street near La Palma Avenue,the parties to said agree- ment now desire to revise the same in order to delete from said agreement that portion of the power line paralleling the easterly prolongation of Julian Street, and to substitute for said Exhibits "A" and "B" above mentioned the print of said Railroad Companies marked "Exhibit C," attached to and made a part of an Amendatory Agreement, designated "C.L.D. No. 10833 -5," this day tendered to the City of Anaheim to effect said change; and WHEREAS, the City Council finds that it would be in the best interest of the City to enter into said Amendatory Agreement, designated "C.L.D. No. 10833 -5," and that the same should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Amendatory Agreement to the agreement made and entered into by and between the City and Los Angeles Salt Lake Railroad Company and its Lessee, Union Pacific Railroad Company, on November 30, 1951, this day tendered to the City of Anaheim to effect the substitution of Exhibit "C" above mentioned for Exhibits "A" and "B," effective as of the date of conveyance, above referred to, to Thomas C. Stowe, be and the same is hereby approved. -1- BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute said Amendatory Agree- ment for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 6th day of August 1963. ATTEST: C� CLE 0 THE C ITY OF ANAHEIM 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 was passed and adopted at a regular meeting of the City Council held on the 6th da August 19 63 by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 6th day of August 1963 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of August 19 63 (SEAL) rs- CITY CLERK OF THE CITY OF AHEIM