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1962-0945RESOLUTION NO. 62R-945 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 SANTA ANA STREET WATER COMPANY WITH REFERENCE TO THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED BY SANTA ANA STREET WATER COMPANY FOR CERTAIN FACILITIES AND SERVICES OF THE CITY. WHEREAS, Santa Ana Street Water Company is the owner of certain real property situated in the City of Anaheim, County of Orange, State of California, more particularly hereinafter des- cribed, and is in need of certain facilities to fulfill its obligations to furnish irrigation water to certain of its customers; and WHEREAS, the said Santa Ana Street Water Company has offered to exchange said real property by deeding the same to the City subject to certain provisions hereinafter set forth; and WHEREAS, the City is in position to accept said real property and is desirous of acquiring the existing well located thereon, inasmuch as the same could be integrated into the water system of the City; and WHEREAS, the City is in position to furnish irrigation water and to install the necessary meters and appurtenances in connection therewith; and WHEREAS, the City of Anaheim and Santa Ana Street Water Company desire to enter into an agreement for the exchange of said real property for certain facilities and services as more particularly hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Anaheim that an agreement be made and entered into by and between the City of Anaheim and Santa Ana Street Water Company providing for the exchange of said real property for said facilities and services, the terms and conditions of which agreement shall be as follows: 1. Santa Ana Street Water Company shall forthwith furnish to the City its deed to the following described real property situated in the City of Anaheim, County of Orange, State of California, to wit: Lot 23 of Tract No. 3392, as shown on a Map recorded in Book 126, Pages 13, 14 and 15 of Miscellaneous Maps, Records of said County. EXCEPTING all oil, gas and minerals lying below a depth of 500 feet, but without the right of surface entry to take, market, mine, remove and drill for same, as reserved in the deed from Alvin S. Barnett recorded August 7, 1959 in Book 4830, Page 137 of Official Records. -1- ATTEST: 2. Santa Ana Street Water Company shall retain title to all easements and water lines in connection with service to its customers and shall be responsible for the maintenance of said lines until such time as the same are abandoned by said water Company. 3. The City shall install two (2) Irrigation Water Meters to be located on East Santa Ana Street and on East South Street, said Meters to be retained by the Santa Ana Street Water Company for so long as the same are used for agricultural irrigation purposes. 4. The City shall furnish irrigation water through said Meters at the current irrigation water rate as the same may vary from time to time; provided, however, that such water shall be used for irrigation purposes only, and provided further, that when the demand for irrigation water no longer exists or when no irrigation water is furnished through said Meters the City may discontinue such irrigation water service and remove said Meters. 5. It shall be understood and agreed by and between the City and said Santa Ana Street Water Company that title to the well and equipment located on said Lot 23 shall pass to the City and that the City's obligation shall be to furnish water for irrigation purposes only. That when the need for, and the use of, said irrigation water ceases, the obligation of the City shall come to an end and it may remove or otherwise dispose of the said Irrigation Water Meters to which reference has heretofore been made. 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 ,proved and signed by me this 16th day of October, 1962. C 'Y CLERK OF THE CITY OF AHEIM 0 0 T E CI I •I''HEI STATE OF CALIFORNIA COUNTY Of ORANGE s s CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No.62R -945 was introduced and adopted'at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 16th day of October, 1962. AYES: COUNCILMEN: Dutton Chandler, Schutte, Krein and Coons. NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No.62R -945 on the 16th day of October, 1962. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of October, 1962. CITY CLERK OF THE CITY OF ANAHEIM