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57R-4205 RESOLUTION RO. 4205 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AJlAIiEIK APPROVIJiG .AID AUTHORIZIIG THE EXEOUTION OF AN .AG.R.D:K:ElIT TO it uDE .AID ENTERED 1.'1'0 WITHPAOIFIC ELEOTRIC RAiLWAY OOKPAIY GJWi'l'IJiG TO THE CITY .AI EASDE)l'f FOR S'l'llEE'l' AID' PUBLIO . UTILITY, PURPOSES II ~ UPOK, .ALO.G, OVER AJtD ACROSS A OERTAIN PAROEL OF LAXD, TOGETHER WITH ~L OF SAID PAOiFIC ELEO'rRIC RAILWAY OOMPANY'S TiTLE .AI!) RIGHT TO A OERT.A1N YAm WELL AND, FACILITiES. WHEREAB, Pa011'10 Eleotric Railvay Oompall7, a oorporation of the State of Oalifornia, has tendered to the City of ARah.im an iadeBture granting to the City an easement for street and publio utl1lty purposes ln, upon, along, over and aoross that oertain parcel of land situate in the Northwest ,uarter of the Hortheast qQ8rter of Section 2', 'fownship 4 South, Range 10 West, S.B.B.~., ill the Oi ty of .Anaheim, County of Orange, State of Oalifornia, . described as follows: A strip of land, 50 feet in width, situate in the Oity of Anaheim, Oounty of Orange, State of Oalifornia, within the north half of the northwest quarter of the Dortneaat quarter of Section 23, TOYnship ~ South, Range 16 West, in the Ranoho San Juan Oajon de Santa Ana, as per map recor4ed ift Book 51, page 18 of Misoellaneous Reoords, in the office of the Reoorder of said Oounty, said SO foot strip being the north 50 feet of that certalB real property, described in deed to Pacific Electric Railway O.mpany, recorded January 17, 1956 in Book 3357, page 279 of Official Records, and in deed to Pacific Electrio Railway Company, recorded January 17, 1956 iB Book 3357, page 278 of Offioial Records, both in the office of the Recorder of said dount1. Together with all of Pacific Electric Railvay Oompany'S title to, and right to maintain, replace and use, the existing vater well and waters there~om, pump house, conoret. stand pipes, oeBorete storage tank, power pole and pipe lines situated on the paroel of la.d described in that certain deed dated March 1, 1956 from Southern Paoifio Oompany to Anaheim Properties, Inc., as follows: -The Weet 490 feet, of the North 775 teet, ot the Northwest ~uart.r of the Northeast ,uarter, of Seotion 2', Township 4 South, Range 10 West, San Bernardino Base and Meridian, being a portion ot Lot 41, in the Ranoho San Juan Cajon de Santa .b.a, in the Oounty of Orange, State of California, as per map reoorded iB Book 2, Pages 256 and 257 of Patents, of Los Angeles Oounty, California, contain- ing an area of 8.718 acres, aore or less.- subject to the following conditions: ..-. 1. All licenses, leases, easements, restrictions, oondi- tions, covenants, encumbranoes, liens and olaimsof title whioh Ila.Y affect sald land, and the vord GRAN'!' as used in saiel indenture shall Bot be COI1- strued as a oovenant against the existence of any thereof. -1- ~..- 2. Should the City of Anahe1Jl, its suceessors or asslgRs, at any tlme abandon the sald parcel of land. flrst herelnaboTe described, or any part thereof, for the plArp08eS grant.d., the ease..nt granted shall cease to the extent ot the use so abandoned and t1 tle to 8ald land shall reTert to Paciflo Eleotrlc Railway CO~aRY, lts sucoessors or a8s1gns, free and clear of sald ease.ent, to the extent so aband.oaecl. 3. In co.sideratlon for the ailove conveyance, t:u Clty of Anaheim agrees, at its expense, to relocate and thereafter &aiatain the above pipe line facilities hereinabove l.scribed along Ball Road in the Clty of ARabelm, and to prOTide water to the present users of water trom said well for so long as they IB8J' require the s..e for the irri- gation of oitrus groves upon property adJac.nt to that hereinabove d.scribed at a oost whioh shall not exoeed the expeRse to the Oity ot Anaheim of operating and maintaining said water distrlbution tacilities. AlID W.Hl!:RZA.S, sald grantor has tendered to the Oity of Anaheim tlse indenture above mentioned to be exeoutecll. by said Pacific Electrlo Ral1way Oompany and the Oity of Anahelm, whioh indenture the City Counoil f1nd.s would be tor the benefit and best interest of the 01 ty of Anaheim and should be approved, IOlf, THEREFORE, BE IT RESOLVED by the Oity Oounoil ot the City ot Anaheim that the inde~ture tende,red to the Clty of Anah.1. by Pacltio El.otrlc Railway O.~aay, a oorporatlon .f the State ot Oalifornia, p'ant1ag to the Oity, but sllbJ.ct te the terms, oon- nante and c01\dltions thereln contalned and hereinaboT. .et forth, an ......eat for str.et and pUblic utility purposes in, upon, along, eTer and aeross that oertain parcel of land hereinabove d.scribed, together wlth all of Pacltlo Electric Railway Ooap8A1's title and rlght to the exlsting water well and faoilltles h.relnabove more partioularly d..scrib.d b., and the same is hereby, a,pprov.d and accepted. BE IT FURTHER RESOLVED that the Mayor and the Oity Olerk be, and they are hereby, authorized to exeoute 8aid indenture for and on behalf of the Oity of Anaheim. THE FOREGOING RESOLUTIOI is a,pproTe4 and s1gned by me tAl. 5th day ot IOTe.b.r, 1957. ~/>~ (/ Yof' ..... ~__~ XA.YOR 0 '!'HE CIn OF AI.u:EIJr.....-_. .A.'!'TES'1' : ! c '-.-. ;:.. .). '....... . kdi~oLERi/~, 4i d~~X -2- --.... STATE OF CALIFORNIA ~ COUNTY OF ORANGE ) ss. CI TY 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 an adjourned regula:c meeting of the City Council held on the 5th day of November, 1957, by the following vote of the members thereofa AYES a COUNCILMENa Pearson, Coons, Fry, Schutte and Wi sser. NOES a COOC I LMENa None. ABSENT a COUNCILMEN I None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Resolution on the 5th day of November, 1957. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of November, 1957. . ~~_ }J/ ))~~~ CITY CLERK OF THE CITY o ANAHEIM (SEAL) -