64-864RESOLUTION NO. 64R -864
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT BY AND BETWEEN
SHELL OIL COMPANY AND THE METROPOLITAN WATER
DISTRICT, THE ORANGE COUNTY MUNICIPAL WATER
DISTRICT, THE COASTAL MUNICIPAL WATER DISTRICT,THE
CITY OF SANTA ANA AND THE CITY OF ANAHEIM
WITH REFERENCE TO THE GRANT OF AN EASEMENT
FOR A WATER PIPELINE.
-1-
Engr.
Dir.Pub.Utilit:
WHEREAS, The Metropolitan Water District and the
Orange County Municipal Water District, Coastal Municipal
Water District, the City of Santa Ana and the City of Anaheim
entered into an agreement, pursuant to Article 1, Chapter 5,
Division 7, Title 1, of the Government Code of the State of
California, providing for the acquisition, construction and
operation of a water delivery line from the new Diemer Water
Treatment Plant of Metropolitan to the vicinity of Corona Del
Mar Reservoir, to be known as "East Orange County Feeder No. 2,"
which water delivery line is hereafter referred to as the "feeder."
Under said agreement, Metropolitan is to acquire the necessary
right of way, construct and operate the feeder with the parties
sharing the cost; and
WHEREAS, Metropolitan has commenced an action in
eminent domain to acquire a permanent easement for the feeder
through property of Shell, located immediately south of the
new Diemer Plant, which easement is hereinafter referred to as
"Feeder Easement." Shell is willing to grant Feeder Easement
to Metropolitan upon the terms set forth in the agreement; and
WHEREAS, in the above mentioned action Metropolitan
also seeks to acquire a temporary easement over an additional
portion of Shell s property adjoining the area to be covered
by the above- mentioned Feeder Easement for use during the con-
struction of the feeder, which additional land is hereinafter
referred to as "Temporary Easement Area and
WHEREAS, following the commencement of the above
mentioned action, Metropolitan constructed the feeder through
the property of Shell, with Shell's consent, in a location
selected by Shell and used the Temporary Easement Area during
the course of such construction. As consideration for the sum
to be paid Shell under the provisions of Paragraph 16 of the
agreement herein mentioned, Shell is willing to release Metro-
politan and its pipeline construction contractors from any
liability arising out of the use of the Temporary Easement
during the construction of the feeder; and
WHEREAS, in the near future, Metropolitan will also
need to install sewer and brine lines across the property of
Shell located immediately south of the new Diemer Plant. The
cost of such installation, including an easement and right
of way therefor, will be borne by Metropolitan alone. Shell
is willing to grant the easement to Metropolitan upon the
terms set forth in the agreement referred to by this resolution.
The area to be covered by such easement will lie wholly within
the area to be covered by the above-mentioned Feeder Easement
and a pipeline easement previously granted to Metropolitan by
Shell; and
WHEREAS, Shell is currently engaged in a steam flood
project in the vicinity of the feeder and the proposed sewer
and brine lines, and, in the future, may wish to use such
method to recover oil from the subsurface of lands adjacent to,
or traversed by, the feeder and sewer and brine lines; and
WHEREAS, an investigation by Metropolitan reveals
only a possibility of loss or damage to the water pipeline from
the steam flood operations of Shell; and
WHEREAS, the City Council finds that it would be for
the benefit and best interest of the City to accept said grant
of easement upon the terms and conditions set forth in said
agreement and that said agreement should be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the agreement tendered to the City of
Anaheim by Shell Oil Company be made and entered into by and
between the Shell Oil Company and The Metropolitan Water District,
the Orange County Municipal Water District, the Coastal Municipal
Water District, the City of Santa Ana and the City of Anaheim,
subject to the terms, covenants and conditions therein contained,
be and the same is hereby approved and accepted.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be, and they are hereby authorized to sign said agreement for
and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
this 24th day of November, 1964.
ATTEST:
s
CLERK OF THE CITY 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 No. 64R -864 was
introduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 24th day of
November, 1964, by the following vote of the members thereof:
AYES: COUNCILMEN: Pebley, Dutton, Schutte and Chandler
NOES: COUNCILMEN None
ABSENT: COUNCILMEN: Krein
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 64R -864_ on the
24th day of November, 1964.
IN WITNESS WHEREOF, .1 have iereunto set my hand and
affixed the official seal of the City of Anaheim, this 24th day
of November, 1964.
(SEAL)
CI
.Y CLERK OF THE CITY OF ANAHEIM