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1962-0326RESOLUTION NO. 62R 326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE ACCEPTANCE OF A HOLD HARMLESS AGREEMENT TENDERED TO THE CITY BY FACTORY DEVELOPMENT CORPORATION, AGREEING TO HOLD THE CITY HARMLESS FROM ANY LIABILITY FOR DAMAGES TO CERTAIN PROPERTY AS A RESULT OF THE CITY'S OBLIGATION FOR DRAINAGE. WHEREAS, the City Council of the City of Anaheim did heretofore, to wit, on January 23, 1962, adopt Resolution No. 62R -76 in Reclassification Proceedings No. 61- 62 -61, finding and determining that the property and area therein described should be changed to P -L, PARKING LANDSCAPING, and M -1, LIGHT- MANUFACTURING, ZONES, subject to certain condi- tions set forth in said resolution; and WHEREAS, Condition No. 6 of said resolution reads as follows: Attorney "6. That the owners of subject property, recog- nizing the obligation to deed to the City of Anaheim a 10 -foot drainage and public utility easement, have agreed to and shall comply with the following requirements in lieu of dedicating a drainage easement: That said owners shall deed to the City of Anaheim an easement for public utility purposes over and across the southerly five feet of subject property, and shall enter into an agreement, to run with the land, guaranteeing to hold the City harmless from any liability for damages to subject property and /or ad- joining properties as a result of the City's obligation for drainage. Said agreement shall be approved by the City Attorney and the City Engineer and shall be placed of record in the Office of the County Recorder of Orange County." AND WHEREAS, FACTORY DEVELOPMENT CORPORATION, the owner of the property proposed to be reclassified in said Re- classification Proceedings No. 61- 62 -61, has tendered to the City a "Hold Harmless Agreement," dated March 19, 1962, as required by said Condition No. 6, which agreement the City Council finds is satisfactory and should be approved and accepted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the "Hold Harmless Agreement," dated March 19, 1962, this day tendered to the City Council by Factory Development Corporation, in compliance with Condition No. 6 of Resolution No. 62R -76 in Reclassification Proceedings No. 61- 62 -61, be, and the same is hereby, approved and accepted. —1— BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby, authorized to accept said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 3rd day of April, 1962. AT EST C TY CLE K OF TH TY 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 3rd day of April, 1962, by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: Chandler, Coons, Fry and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Thompson. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 3rd day of April, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of April, 1962. MAYOR OF HE CIT OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM