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63-0446RESOLUTION NO. 63R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND EUCALYPTUS WATER COMPANY WITH REFERENCE TO THE RELOCATION OF CERTAIN IRRI- GATION LINES AND THE RELEASE OF AN EXISTING EASEMENT, IN CONNECTION WITH THE WIDENING OF ANAHEIM ROAD AND DOWLING AVENUE. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Right of Way Agreement, dated May 13, 1963, this day submitted to the City Council to be made and entered into by and between the City of Anaheim and Eucalyptus Water Company, providing for the relocation of the irrigation lines hereinbefore referred to by the City and the release or quitclaim of all right, title and interest of Eucalyptus Water Company in and to the existing easement for irrigation line purposes, upon the following terms and con- ditions: 1. The City shall replace the existing 14 inch concrete irrigation line, including all necessary gates, -1- Engr 1 Acctg. Off R/W WHEREAS, the City of Anaheim desires to widen Anaheim Road and Dowling Avenue; and WHEREAS, the owner of the abutting property has agreed to dedicate the necessary easement for road purposes to accomplish said widening, subject to the existing easement of the Eucalyptus Water Company; and WHEREAS, the Eucalyptus Water Company has an existing easement for irrigation lines and has irrigation lines install- ed in the area necessary for the street widening and said lines are located in the area proposed for the travelway portion of the widened roadway; and WHEREAS, the City Council finds that it would be for the benefit of the City to relocate said Water Company's lines from the proposed travelway portion to the parkway section of the new roadway alignment; and WHEREAS, said Water Company is willing to have its lines relocated and to release or quitclaim the existing easement for irrigation line purposes in exchange for a new easement for such purposes to be located in the parkway portion where the City proposes to install the irrigation lines, said new easement to be paramount to the City's easement for road purposes; and WHEREAS, a Right of Way Agreement, dated May 13, 1963, has this day been submitted to the City Council to be made and entered into between the City and Eucalyptus Water Company providing for the relocation of said irrigation lines by the City and the release or quitclaim of all right, title and interest of said Water Company in the existing easement for irrigation line purposes; and WHEREAS, the City Council finds that it would be for the benefit and best interest of the City to approve said agreement. standpipes, vents, etc., within said easement as shown on Exhibit "A" attached to said agreement. 2. The City shall replace the existing 36" standpipe located at the Southwest corner of Dowling Avenue and Anaheim Road with a concrete pressure valve box, including all necessary gates and appurtenances as shown on Exhibit "B" attached to said agreement. 3. Upon the completion of the installation of said irrigation line, the City shall be responsible for a period of one year from completion date, for any necessary repairs caused by poor workmanship or defective materials. Upon the completion of said line the Eucalyptus Water Company shall quitclaim all right, title and interest within the present alignment. 5. The Eucalyptus :Water 'Company shall thereafter have the right to continue its present program for the purpose of furnishing water for irrigation purposes and shall have the right to make necessary repairs within the herein referred to easement. be and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved„and signed by me this 21st day of May, 1963. F HE CITY OF A� CI R O fEIM PRO TEM A HEIM 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. 63R -446 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 21st day of May, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMAN: Coons AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said Resolution No. 63R -446 on the 21st day of May, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 21st day of May, 1963. (SEAL) CIT7? CLERK OF THE CITY OF ANAHEIM