1965-885RESOLUTION NO. 65R- 885
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY AND CALIFORNIA
DRIVE -IN THEATRES, INC. WITH REFERENCE TO
THE CONSTRUCTION OF A STORM DRAIN; AND RESCIND-
ING RESOLUTION NO. 65R -584.
WHEREAS, the California Drive -In Theatres, Inc. is the
owner of certain land in the City of Anaheim lying easterly of
State College Boulevard and southerly of Orangewood Avenue; and
WHEREAS, the City of Anaheim intends to construct a
storm drain to provide for drainage of Orangewood Avenue; and
WHEREAS, the City may accomplish the drainage of Orange-
wood Avenue if the California Drive -In Theatres, Inc. is willing
to grant an easement for storm drain purposes through its lands;
WHEREAS, the California Drive -in Theatres, Inc. requires
a storm drain to provide for drainage of its lands; and
WHEREAS, a storm drain constructed in an easement
through the California Drive -In Theatres, Inc. can be construc-
ted of sufficient capacity to meet the required needs of both the
City and the California Drive -In Theatres, Inc.
WHEREAS, the City and California Drive -In Theatres, Inc.
desire to enter into an agreement for the granting of an easement
to the City by said California Drive -In Theatres, Inc. for storm
drain purposes, and for the construction of said storm drain.
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 and California Drive -In Theatres, Inc. pro-
viding as follows:
1. The California Drive -In Theatres, Inc. shall furnish to
the City an easement for storm drain purposes over, under
and across the southerly ten (10.0) feet of the follow-
ing described parcel of land:
The Southerly 347.93 feet of the Northerly 914.97 feet
of that portion of Lot 2 of Tract No. 71, as shown on
a Map recorded in Book 10, page 22 of Miscellaneous
Maps, records of Orange County, California described
as follows:
Beginning at a point in the North line of said Lot 2,
1025.53 feet West of the Northeast corner of said
Lot 2, which point is the Northwest corner of the land
conveyed to John Knutsen and others by deed recorded
March 4, 1927, in Book 21, page 117 of Official Records;
thence West along the North line of said Lot 2 and the
said line extended to the center line of State College
Boulevard, formerly known as Placentia Avenue, as
described in the deed to The County of Orange, registered
in the office of the Registrar of Titles of Orange County,
4. The City shall construct a storm drain and provide
two (2) inlets for drainage at locations prescribed
by the California Drive -In Theatres, Inc., on or before
March 1, 1966, Acts of God or strikes excepted.
5. The City agrees that the California Drive -In Theatres,
Inc. shall have the right to relocate said storm drain
in the future provided the California Drive -In Theatres,
Inc. pays for the total cost of relocation and provides
a new ten (10) foot easement for the use of the relo-
cated storm drain to the City.
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.
BE IT FURTHER RESOLVED that Resolution No. 65R-584 be,
and the same is hereby rescinded.
THE FOREGOING RESOLUTION is approved and signed by me
this 30th day of November 1965.
ATTEST:
California, March 11, 1920, Document No. 601; thence
South along the center line of said road to a point
in the South line of said Lot 2; thence East along
the South line of said Lot 2 to a point which is 747
feet West of the Southeast corner of said Lot 2,
said point being the Southwest corner of the land
conveyed by Jacob E. Schumacher and wife to John
Knutsen and others by deed recorded March 4, 1927
in Book 21, page 117 of Official Records; thence in
a Northerly direction along the Westerly line of the
land so conveyed to John Knutsen and others to the
point of beginning.
2. The California Drive -In Theatres, Inc. shall pay to
the City Four Thousand Dollars ($4,000.00)for its
share of the capacity rights in the storm drain upon
completion of its construction within the easement
and submittal of a bill by the City.
3. The California Drive -In Theatres, Inc. shall not hold
the City liable for possible damage attributable to
drainage waters because of the design and construction
of a storm drain in said easement described in Para-
graph No. 1, provided that said design and construction
are as approved by the California Drive -In Theatres,
Inc., and as drawn by the Engineering Division of the
Public Works Department of the City of Anaheim, and
dated November 2, 1965. This plan may not be changed
or modified in any way unless the change or modifica-
tion is approved by the California Drive In Theatres,
Inc.
CLERK OF TH C IT OF AN HE IM
MAYOR OF THE ITY OF H I
-2-
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 65R -885 was
introduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 30th day of
November, 1965, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approied and signed said Resolution No. 65R -885 on the
30th day of November, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 30th
day of November, 1965.
CIT 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. 65R -885 duly passed and adopted by the Anaheim City Council on
November 30, 1965.
CITY CLERK