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1965-612RESOLUTION NO. 65R-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THAT CERTAIN AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF ANAHEIM AND LOUIS E. NOHL AND MARGARET E. NOHL ON DECEMBER 1, 1964. WHEREAS, an agreement was entered into by and between the City of Anaheim and Louis E. Nohl and Margaret E. Nohl on the 1st day of December, 1964 wherein the said Nohls conveyed to the City a certain easement; and WHEREAS, the purposes of said agreement include the facilitation of the construction of a water storage reservoir to serve all parties to said agreement; and WHEREAS, it was intended by the parties thereto that the grant of easement referred to in Exhibit "A," attached to said agreement, Parcels Nos. 8 and 9, should include public utility purposes to the extent that such utilities are owned and operated by the City or serving the City as consumer; and WHEREAS, the parties to said agreement desire to amend the same to provide that said grant of easement include public utility purposes to the extent above mentioned. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement made and entered into on the 1st day of December, 1964, between Louis E. Nohl and Margaret E. Nohl and the City of Anaheim, be amended as follows: 1. Paragraph 1 of said agreement shall be amended to provide as follows: "Grantors agree to deed to Grantee an easement for pipeline and public utility purposes and a right of way for a service road. Said easement shall consist of 10 acres and shall be described as the extension of Lincoln Avenue easterly to the service road and designated as Parcels Nos. 8 and 9 on the map hereto attached marked Exhibit 'A.' Grantee shall construct and maintain a water transmission main and service road along said easement. Public utility purposes, as referred to above, shall be defined as follows: all utilities owned and operated by Grantee and all utilities serving Grantee as consumer. Grantor shall not permit the installation of additional utilities within the easements described above until approval for such additional installation is obtained from Grantee." 2. Said agreement entered into on the first day of December, 1964 shall remain in full force and effect except to the extent that the provisions of said amendment are inconsistent therewith. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute an amendment to said agreement dated December 1, 1964 containing the herein above mentioned changes. THE FOREGOING RESOLUTON is approved and signed by me this 10th day of August, 1965. ATTEST: crrtal R1 OF T'Hr: C STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM TEMPORARILY Anaheim August, (SEAL) J Cam.___ OF ,i AHEIM s s. NOES: COUNCILMEN: None I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEI DO HEREBY CERTIFY THA T THE FOREGOING IS THE uR1.31 AL OF RESOLUTION NO.(v (r,/:: DULY PASSED Ail ADOPTED BY THE ANAHEIM CITY COUNCIL ON, -./0 t,C AYES: COUNCILMEN: Dutton, Pebley, Chandler and Krein ABSENT: COUNCILMEN: None ABSENT: COUNCILMAN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of approved and signed said resolution on the 10th day of 1965. Cfl? CLERK OF T CITY CLERK 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 10th day of August, 1965, by the following vote of the members thereof: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of August, 1965. CITY OF ANAHEIM