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1968-059RESOLUTION NO. 68R- 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN ASSIGNMENT AGREEMENT BETWEEN GELVATEX COATINGS CORPORATION AS ASSIGNOR, CITY OF ANAHEIM AS ASSIGNEE AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, IN CON- NECTION WITH THE ASSIGNMENT OF ASSIGNOR'S INTEREST IN A CERTAIN CONTRACT DATED NOVEMBER 24, 1953 RELATING TO SPUR TRACK NO. 12. WHEREAS, the City of Anaheim has purchased certain property from Gelvatex Coatings Corporation on which is located a spur track which was constructed, operated and maintained by The Atchison, Topeka and Santa Fe Railway Company to serve a manufacturing plant located on said property and operated by said Gelvatex Coatings Corporation; and WHEREAS, The Atchison, Topeka and Santa Fe Railway Company and Gelvatex Coatings Corporation are parties to a cer- tain contract dated November 24, 1953 relating to the construc- tion, operation and maintenance of said spur track, designated as Spur Track No. 12; and WHEREAS, The Atchison, Topeka and Santa Fe Railway Company and Gelvatex Coatings Corporation are agreeable to assigning all of the interest of the Gelvatex Coatings Corpora- tion in said contract dated November 24, 1953 to the City of Anaheim upon the terms and conditions set forth in a certain Assignment Contract dated June 21, 1967, this day submitted to the City Council to be made and entered into between said Railway Company, the Gelvatex Coatings Corporation and the City of Anaheim; and WHEREAS, the City of Anaheim desires to accept the assignment of Gelvatex Coatings Corporation's interest in said contract dated November 24, 1953 upon the terms and conditions set forth in said Assignment Contract dated June 21, 1967, it being understood between the City and said Railway Company that the premises served by said spur track will be used by the City for its municipal purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Assignment Contract dated June 21, 1967, this day submitted to the City Council to be made and entered into between The Atchison, Topeka and Santa Fe Railway Company, Gelvatex Coatings Corporation as Assignor, and the City of Anaheim as Assignee, wherein and whereby Gelvatex Coatings Corporation assigns all of its interest in that certain contract dated November 24, 1953, to which reference has hereinbefore been made, to the City of Anaheim upon the terms and conditions set forth in said Assignment Contract, be, and the same is hereby approved, it being understood, however, that the premises served by said Spur Track No. 12 will be used by the City for its municipal purposes. -1- BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to execute said Assignment Contract for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 23rd day of January, 1968. ATTEST: CI CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY. OF ORANGE SS. CITY OF ANAHEIM MAYOR OF THE CITY. OF AN 9g 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 23rd day of January, 1968, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Chandler and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 23rd day of January, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of January, 1968. -2- CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R -59 duly passed and adopted by the Anaheim City Council on January 23, 1968.