1960-6284RESOLUTION NO. 6284
Missing at time of Micro filming
September 13, 1960
Minute Book Page No. 4360
Authorizing the purchase of certain real property
for Municipal Purposes Santiago Land Co
Reservoir Site)
3
4
5
7
6
8
9
10
111
12
1 3 1
14
15
16
17
18
19
20
21
22
23
24
251
261
27 j
28i
291
30!
THIS AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN
SANTIAGO IAGO LAND CO., A CORPORATION, PARTY OF THE FIRST PART,
HEREINAFTER REFERRED TO AS "SELLER," AND THE CITY OF ANAHEIM,
A MUNICIPAL CORPORATION, PARTY OF THE SECOND PART, HEREINAFTER
REFERRED TO AS "BUYER."
W I T N E S S E T H:
Seller agrees to sell and Buyer agrees to purchase
from Seller real property consisting of approximately 22.3
acres referred to as Buyer's Reservoir Site No. I, together
with certain easements for pipeline and utility purposes and
as shown on a map hereto
rights -of -way for road
A G R E E M E N T
attached, approved by Buyer and Seller, which map shall become
a part of this agreement and shall be hereafter referred to
as "Exhibit A." Seller excepts and reserves all oil, oil
rights, mineral and mineral rights, natural gas, natural gas
rights, and other hydrocarbons by whatever name known, that
real property conveyed herein, without,
drill, dig or mine through the
may be within or under the
however, the right ever to
purposes
all
surface or top 500 feet of said real property acquired by the Buy-
er or otherwise in such manner as to endanger the safety of re-
servoir or any public street that may be constructed upon said
real property.
Buyer shall pay Seller for the property known and
described as Reservoir Site No. I and said easements and rights-
of-way the sum of one hundred and sixty -seven thousand dollars
r the in cash, lawful money 'J- �1'e Ililltd States, to be paid to Seiler i,
by Buyer through escrow. Buyer and Seller shall execute escrow inn
structions following the date of the execution of this agreement to
carry out the terms and conditions of the sale of said real pro-
perty and the conveyance of said e and rights -of -way
5`
6
7 I,
8
9
10
I
1111
121
13
14
15
16
17
18
19
20
21
22
231
24
I
25
30
26
271
281
29 1 1
314
32'
with the California Bank, Anaheim, California, as escrow holder.
Said escrow instructions shall contain the usual clauses and
shall provide for the payment by Buyer and Seller of the usual
transfer costs; Seller to furnish at its cost a title insurance
policy showing merchantable title in Buyer for the full amount of
the purchase price herein issued by the Title Insurance and Trust
Company of Santa Ana, California, and doing business in Orange
County, California, and said escrow shall close within (60)
sixty days from date of the opening of said escrow.
Buyer will construct a reservoir upon Reservoir Site
No. I upon the real property purchased herein, together with the
construction of roadways, drainage facilities and pipelines all
in accordance with the terms of this agreement and complete the
same with all due diligence subject, however, to delays caused
by fire, storm, flood or other Acts of God,
public enemies, by restrictions of the use,
inability to obtain materials by strikes, by unusual delay in
transportation, unavoidable casualities, or any cause beyond
the control and without the fault and negligence of the Buyer
or its contractor. The time of completion shall be extended for
the length of time
above mentioned causes.
In connection with the construction contemplated by
Buyer both parties agree as follows:
1. Santiago Land Co., agrees to convey to the City of Anaheim
a reservoir site consisting of approximately 22.3 acres and
designated as Parcel No.i on the map hereto attached, marked
"Exhibit A." Description of property to be furnished by Boyle
Engineering Company.
2. Santiago Land
Co•
Anaheim an easement 5 feet wide consisting of approximately
3.9 acres for use for a
service road, water transmission line
equal to the delay caused by any of the
M 2.-
by war or act of
procurement of,
hereby agrees to convey to the City of
2
3
4
5
6
7
8 for an access roadway to said reservoir site.
9 3. Santiago Land Co., shall convey to the City of Anaheim an
1011 easement for drainage purposes of approximately 4.5 acres and
11 indicated as Parcel No. III on said map mara "Exhibit A."
12
13
14�
15
16
17
18
19
31!I
it
and public utility purposes. The description of said easement
to be furnished by Boyle Engineering Company. Said easement
shall be located as shown on the map hereto attached marked
"E A," and designated as Parcel No.II. tThe City of
Anaheim agrees to pave, upon completion of the necessary grading
and construction work and the installation of a 36 -inch trans-
mission line, two 12 -foot lanes or 2L feet of asphaltic pavement
The exact location and legal description of the property contained
in
this easement to be determined and furnished by Boyle
Engineering Company.
4. Santiago Land Co., shall convey to the City of Anaheim an
easement for road and public utility purposes consisting of
approximately. 6 acres, said easement to be in the approximate
location shown as Parcel No.IV on the map hereto attached
marked "Exhibit A." The exact location and description of said
20j easement to be furnished by Boyle Engineering Company and
21 agreed upon by the parties hereto. The City of Anaheim and
22 Santiago Land Co., agree to share jointly and equally in the
23 1 costs of grading this easement: for roadway purposes in
241i accordance with plans prepared by Boyle Engineering Company
25! and approved by the parties hereto. The City of Anaheim agrees,
upon completion of all construction, to install two lanes or
271 24 feet of asphaltic pavement for access to the easterly end
28
I
29
30
I
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
of Reservoir Site No. I.
5. Santiago Land Co. agrees to convey to the City of Anaheim
an easement for road and public utility purposes of approximately
1.2 acres. The approximate location shall be as indicated as
Parcel No. V on the map hereto attached marked "Exhibit A." The
exact location of said easement shall depend upon the planned
location of a future second reservoir site to be acquired by
the City of Anaheim, and the description for such easement
shall be furnished by Boyle Engineering Company. Upon comple-
tion of the proposed future second reservoir on the planned
second reservoir site and the necessary appurtenances, the City
of Anaheim shall improve said easement with two 12 -foot lanes
or 2L1. feet of asphaltic pavement as an access road.
6. The easement shown as Parcel No. II upon said map hereto
attached shall have a width of approximately 56 feet, and
Parcel No. IV shall have a width of approximately 80 feet.
7. All road easements mentioned herein and shown upon the map
hereto attached shall be dedicated by the parties hereto as
public streets when adjacent properties belonging to said
Santiago Land are developed for residential, commercial or
industrial use.
8. Upon completion of the construction of the reservoir upon
Reservoir Site No. I, the City of Anaheim shall erect a 6 -foot
chain link fence around the perimeter of the property embraced
within said reservoir site and indicated as Parcel No. I upon
the map hereto attached marked "Exhibit A."
9. Santiago Land Co. shall erect a temporary 4- strand barbed
wire fence around Reservoir Site No. I prior to the commence-
ment of construction of said reservoir. The exact location of
said temporary fence shall be determined by Boyle Engineering
Company and approved by the parties hereto. Said temporary'
fence shall be constructed and completed on or' before 30 days
t 2
1 after receipt of written notice from the City of Anaheim to cons
2 truct said fence. Said temporary fence may be removed by
3 Santiago Land Co. upon the completion of all construction on
4 said reservoir and upon the construction and completion of the
5 fence to be erected by the City of Anaheim mentioned in Para
6 graph 8 of this agreement. The City of Anaheim shall pay to
7 Santiago Land Co. the actual cost for construction and removal
8 of said temporary fence mentioned herein but in no case shall
9 the payment by the City of Anaheim to Santiago Land Co. exceed
10 the sum of fifteen hundred dollars ($1500.00) for the construc-
11 Lion and removal of said fencing. Said Santiago Land Co. shall
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
furnish to the City of Anaheim proof of cost of erection and
removal of said fence.
10. The City of Anaheim agrees to provide the necessary land-
scaping around the perimeter of the fenced reservoir site to
provide adequate protection and screening of said reservoir.
The City of Anaheim shall have the right, in its discretion,
on the cut and fill areas along the roadway easements mentioned
in this agreement to seed such embankments with an appropriate
grass or other planting cover to prevent erosion and damage to
the roadways mentioned herein. The City of Anaheim shall have
the further right to continue the maintenance and care of such
landscaped areas of the cut and fill embankments along the
roadways (RRx IMMxti X Rq(a contained in this agreement. The
rights of the City of Anaheim with relation to the planting and
maintenance of cuts and fills shall terminate when the property
is subdivided in accordance with plans approved by the appro-
priate municipality.
11. During the period of construction, the City of Anaheim, its
agents, servants, employees and contractors shall keep all gates
entering the reservoir site and the property belonging to
Santiago Land Co. closed at all times during the day and securely
-5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
locked at night. In the event the City desires to continue with
the construction work during the night hours, said gates may be
left unlocked during such period of time provided a guard is
placed at each unlocked gate.
12. The City of Anaheim agrees to install a gate and a suitable
locking device at the entrance to Santiago Land Co. property on
the easement indicated as Parcel No. II on the map hereto at-
tached marked "ExhibitA." The use and access of all easements
to be granted hereunder to the City of Anaheim shall be for the
sole and exclusive use of the agents, servants, employees and
contractors of the City of Anaheim until such time as said ease-
ments shall be dedicated as °public streets.
13. The City of Anaheim, its agents, servants and employees
shall, at all times, exercise due care and diligence to see
that the contracts for the construction and improvement work upon
said reservoir and easements, herein mentioned, shall be done
and completed as expeditiously as possible. The City of Anaheim
further agrees to incorporate in its contracts with its prime
and sub contractors and other parties employed for construction
work in this area, provisions for specific completion dates in
the work mentioned in said contracts and to provide and incor-
porate a standard penalty clause for failure to complete said
work upon said completion date and further providing for an
extension of time due to delays caused by fire, storm, flood
or other acts of God, by war or act of public enemies, by restric-
tion of the use of, procurement of, or inability to obtain mater-
ials, by strikes, by unusual delay in transportation, unavoidable
casualties, or other cause beyond the control and without the
fault or negligence of the contractor, or for any other cause
which in the opinion of the City Engineer of the party of the
second part is proper justification for such delay. The City
of Anaheim shall assume no liability for failure of completion
-6-
26
27
28
29
30
31
32
1 of said construction work for any of the causes above set forth.
2 14. The Buyer shall dispose of any excess dirt from the construc-
3 tion of its reservoir in such places and manners as specified
4 by Boyle Engineering Company.
5 15. The Buyer shall maintain the area in the reservoir site and
6 along the easements in such manner that it will conflict to a
7 minimum degree with future residential developments in the
8 surrounding area.
9 16. Seller reserves any and all rights that will not unreasonably
10 interfere with or prohibit the free use and enjoyment by Buyer
11 of the rights -of -way and easements_hereby granted. The rights
12 reserved by Seller include specifically, but not exclusively,
13 the right to the use of the rights -of -way and easement areas
14 for agriculture and for construction and maintenance of fences,
15 gates and cattle guards, roadways, pipelines and ditches. It
16 is understood that the Seller's rights shall not include the
17 right to construct buildings or other structures upon any portion
18 of the rights-of-way granted to Buyer or the planting of any
19 trees upon any portion of said rights -of -way granted to Buyer
20 or to do anything that would interfere with the use and enjoy
21 ment of said rights -of -way by Buyer.
22 17. The Buyer agrees to hold harmless and indemnify Seller, its
23 successors and assigns against all claims, demands, causes of
24 action and damages arising out of Buyer's construction, mainten-
25 ante, occupation, use and enjoyment of the rights -of -way and
easements and property herein granted to• It. Such costs and
damages shall include loss of livestock and losses arising from
fires. Buyer's indemnity under this paragraph with respect to
rights -of -way shall terminate when such rights -of -way are dedi- 1
E
Bated as public streets. 1
18. The Buyer shall have the right, in original construction of
roadways on rights -of -way easements to be granted pursuant to
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
this agreement to make cuts and fills on property of Seller ad-
jacent to such easements. All such cuts and fills shall be made
in accordance with plans of Boyle Engineering Company and to be
approved by both parties.
19. Title to the property and easements to be conveyed pursuant
to this agreement is subject to Four Corners Pipe Line Company
easement shown on Exhibit A and to other minor and reasonable
easements of record. Buyer agrees to take title subject to
these aforesaid other easements.
20. This agreement is made pursuant to and shall be supplemental
to the provisions to that certain agreement made and entered into
on the 6th day of March, 1957,
Margaret Elliott Nohl, husband and wife, and the City of Anaheim.
IN WITNESS WHEREOF the parties have hereunto set their
hands this day of August,1960.
SELLER
SANTIAGO LAND CO.
resident
ATTEST:
PARTY OF THE FIRST PART
APPROVED by Anaheim City Council September 13, 1960
CITY OF ANAHEIM
BUYER
ATTEST:
by and between Louis E. Nohl and
-8-
PARTY OF THE SECOND PART