1968-242RESOLUTION NO. 68R- 242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE EXECUTION OF AN
AGREEMENT GRANTING TO UNIQUE STATIONS, INC.
A LICENSE TO ENCROACH UPON AN EASEMENT OF THE
CITY.
WHEREAS, Unique Stations, Inc. is the owner of property
in the City of Anaheim over which the City owns an easement for
road and public utility purposes; and
WHEREAS, Unique Stations, Inc. had heretofore in-
stalled a certain advertising sign located on the hereinafter
described real property and more particularly described as a
free standing pole sign, approximately eighteen (18) feet in
height, to the top of which pole is affixed a certain round
orange ball advertising the Union Oil Company; and
WHEREAS, Unique Stations, Inc. had heretofore erected
and constructed the aforementioned sign whereupon after said
construction of said sign, the City of Anaheim requested said
Unique Stations, Inc. to dedicate certain real property,
described in a certain Easement Deed dated August 2, 1967, from
Unique Stations, Inc., a Delaware corporation, to the City of
Anaheim, for street and public utility purposes of the City; and
WHEREAS, Unique Stations, Inc. did so dedicate the
aforementioned and described real property for street and public
utility purposes to the City and as a result of such dedication,
the top or ball- shaped portion of the aforementioned Union Oil
sign was caused to encroach two (2) feet over the public right
of way line and at a height of approximately eighteen (18) feet
above the surface of said right of way; and
WHEREAS, the City is desirous of assuming all costs
of relocation of the aforementioned and described Union Oil sign
should such relocation become necessary in order to protect the
interests of the City, and the City is willing to assume all of
the costs of such sign relocation if the City should ever deter-
mine that it is necessary that said sign be removed from any
and all encroachment over, through, into or on the aforementioned
and described right of way;
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 parties wherein and whereby the City gives
to said Unique Stations, Inc. a license to enter upon and use
the easement of the City, for the installation of a certain free-
standing pole sign on top of which pole is located a round orange
ball containing a Union Oil advertising message,for a distance
of approximately two (2) feet over, through, into and across
that certain easement for road and public utility purposes situ-
ated in the City of Anaheim, County of Orange, State of Cali-
fornia, more particularly described in that certain Easement
Deed from Unique Stations, Inc., a Delaware corporation, to the
City, dated August 2, 1967, upon the following conditions:
1. Unique Stations, Inc. shall acknowledge the paramount
right of the City to use the easement of the City over, under,
or across its property, including the portion of said easement
to be encroached upon.
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2. Unique Stations, Inc. shall agree to hold the City
harmless from any liability or responsibility whatsoever for
any damage of any kind whatsoever by reason of the installation
or continued maintenance by it of the aforementioned free-
standing Union Oil sign upon the easement of the City and for
any damage which might occur to such sign by reason of the use
of the easement by the City.
3. The City shall reserve the right to revoke all privi-
leges granted by said license upon giving Unique Stations, Inc.
thirty (30) days' written notice of its intention to cancel
said license. Upon such written notice being given by the
City to Unique Stations, Inc., said Unique Stations, Inc. shall
within thirty (30) days thereafter remove the aforementioned
and described free standing Union Oil sign from said easement
and restore the easement to its unobstructed condition; provided,
however, that the City shall pay to Unique Stations, Inc. the
actual cost of removal of the aforementioned free standing Union
Oil sign from its present location within the aforementioned and
described easement of the City.
4. Unique Stations, Inc. shall agree that the use of the
portion of the City's easement for installation of said Union Oil
sign will in no way create any right whatsoever in Unique
Stations, Inc. which is adverse to the right of the City to the
use of the entire easement.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be, and they are hereby authorized to execute such agreement
for and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
this 7th day of May 1968.
ATTEST:
CI Y CLERK OF THE CITY OF ANAHEIM
MAYOR OF THE CI OF ANAHEI
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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. 68R -242 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 7th day of May, 1968, by
the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 68R -242 on the 7th day of May,
1968.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim, this 7th day of May, 1968.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
68R -242 duly passed and adopted by the Anaheim City Council on May
7, 1968.
City Clerk