116No...................
Superior Colirt
County of Orange, State of California
..................... — --------- ........................ --------
Plaintiff
vs
----------------- ---- ---- ....... -------- ........---....-------
Defendant
.......------------Defendant
dalReceived, copy of within this.. ..........
of ............................ 189....
Attorney....................................
H. W. CHYNOWETH,
ANAHEIM, CAL.
Attorney for ................................
r I///LAY
Z�
'7
AFFIDAVIT OF PUBLICATION.
State of Californias
County of Orange,
C.?
)ss.
nlvv-]n+ -P n " 0*; 'M
&Z
being du y sworn deposes and says:
That at all the times herein mentioned he was and is a
citizen of the United States, over the age of twenty one years, thi
that he is the printer of the Anaheim Gazette, a weekly newspaper,
printed, published and circulated in the CityofAnaheim, County
of Orange, State of California,; that the ordinance of which the
a'1 is a printed copy, was published in said new on the
-i-fday of July 1896.
published ned In said r o n t,
Subscribed and sworn to before me this
—ay of July 1896.
Notary Public in
ot Z4�and for Orange
Countv, California.
4
co-No.1, .
An Or dance I ftlitllT ' E. the Anahoh- i2 �Tni
Wa er Company '.� rperationf the right
construct and maintain irrieating ditches
certain streets and alleys within the Corporate
Limits of the City,of Anaheim.
The Board of Trustees of the City of Anaheim do
ordain`'Ss follows:
hection 1.—The Board of Trustees of the City of
A naheim hereby grants to the Anaheim Union Water
Company, its successors and assigns, the right and
privilege to construct and maintain irrigating
ditches along and across certain streets and alleys
within the corporate limits of the City of Anaheim,
i
for the;conveyanceofwater for irrigating purposes,
such right and privilege to be upon the terms and
condi na lereinafter contained.
. ,,T%e to and alleys upon which the right and
'f,Stjonstruct and maintain such irrigating
follows:
N, est side of East street, from the north
street to a point about seven hundred
i nth street.
ttiest side of Orange street from
l
North street to the south side
est side of Olive street front §�nf
fir' 'iiycawore street to the north Side
t side of Olive street f
set to the north aids
i
oI Olive streeviram eoas+e
AFFIDAVIT OF PUBLICATION.
ornia, )
)ss.
Oran e, )
' t to he a �norih aide of Santa 1
-- f'
i - '>mrrwxpk„g�of Los Angeles street from a
street to the south side of Sout— eE`" Sa a Ana
Along the west side of Lemon street from the ,h
p north side of Sycamore street to the dividing line
between Blocks A 5 and B5
.
j Along the east Side of palm street from the south
side of Broadway street to the north side of Santa
Ana street.
the
b g Along srttidethe
side oflterstreet to the street
hsOf North ie
street. -
Alon tl
4"_ _ _ bt>simg of said ,County of Orange,
oses and says:
times herein mentioned he was and is a
g io west side of Citron street from a point ted States, over the age of twenty one years this
} half way between Center street and Broadway
street to the South side of Cypress street.
IIB Alun the.wes
iU r Along't Side of Citron street from the
.north stirs of Santa Ana street to Fairview ditch. the west side of West street from the north lite;y. o{+ the Anaheim Gazette, a weekly newspaper,
side of Oester street to the south side of the contin.
us tion of North streetthe west 81 de .
Of West eet from the south
P Si e�of So South Street to a point six hundred feet north and circulated i n the City of Anaheim, Count y
.Ok of fhe soppth Side of Broadway,
Along the west side of Walnut Street from the
a0 . north side of Broadway street to
t0 cifle Railroad property, the Southern pa.
ej AlongsouthSdeofthecountyrost side of dsnu Eeejtfolmrthe f Call`'ornia,; that the ordinance of which the
9 northward about 2450 feet. and
0 - AlongthE north side of North
,¢ 91 west side of Orange street to the west deaf Lemon
street, ed copy, was -published in said n ew:,n an po- nn t v a
west side of Palm street to the west street
of West
i street.
Alone the north side of the oontinuation of North r I9 •
'street from the west side of West street in a westerly
direction to the city limits street
Along the north side of Cypress street from the
a west side Of Or go street to the east side of Citron
street.
Along the south side of the county road, north of
Center street, from the east side of West street, in a
westerly direction to the city limits.
Along the north side of Broadway street from the )rn
west side of East street to the west side of Atchison
street.
Alongthe south side of Broadway street from th
to {JefVre -11 y11y0
es side of Olive street to the east aide of palm �j9 p o /)
street.,
Along the south side of Broadway street from
the west side of West street to th
nut street. e east side o1 Wal. ;
Along the north aide of Santa Ana street from tie _ _ A� ( v_� -�- 1 /'V
W est side of East street to the west side of Citron
Zest
Public in and for 0r uige
Along the south side Of South street from the
east side of Los Angeles street to a point about half \r
way between Lemon $treat and Palm street, uilt Cal lfc rn is o
Along the north side of Broad street from a point
half way between Orange street and O ive street to
'Citron Street.
Along the South aide of Burton avenue frouY the
west side of West street in a westerly direction to
the west city limits.
a Along the north side of Sycamore street from the
west side of East street to the west side of West
street,
Along the west side of Atchison street from the
north side of Broadway street to the south aide of
Center streets
Along thavest Side of Clemintine street from the
south side of ]Broadway street to the north aide of
aIIey; thence along the north side of alley to west
side of Helena street; thence along the west aide of
Helena street to the south side of Chestnut street;
thence along the scuth side of Chestnut street to
.the east side Of Palm street.
Also the right to maintain the Fairview ditch
from the west Side of East street to the west side of
Walnut street, crossing Olive, Orange, Los Angeles,
Lemon, Palm, Citron, West and Walnut streets,
Section 2.—The rights and privileges hereby
granted to the said Anaheim Union Water Company
are upon the following terms gnd conditions;
In constructing and maintaining any ditch or
ditches alone• the east aide of any street or streets,
as authorized by this franchise, no part of such
ditch or ditches, or the banks of such ditch or
ditches, shall be placed or maintained at a greater
distance than ten feet from the east line of Such
street or streets.
'411""e0natrubtfng and maintaining any ditch or
ditches along the west side of any street or streets,
as authorized by this franchise, no part of such
as authorized by this -1 anchiyo, no part of such
ditch or ditches, or the batiks of such ditch or
ditches, shall be placed or maintained at a greater
distance than ten feet from the east line of such
street or streets.
f-aaustructing$nd maintaining any ditch or
ditches along the West side of any street or streets,
as authorized by this franchise, no part of such
ditch or ditches, or the banks of such ditch or
ditches, shall be placed or maintained at a greater
distance than ten feet from the west line of such
street or streets.
In constructing and maintaining any ditch or
ditches along the north side of any street or streets
or alleys, as authoriacd by this franchise, no (tart of
such ditch or ditches, or the banks of such ditch or
ditches, shall be placed or maintained at a greater
distance than ten feet from the north side of such j
street or streets or alley.
In constructing and maintaining any ditch or
ditches along the south side of any street or streets,
as authorized by this franchise, no part of such
ditch or ditches, or, the banks of such ditch or
ditches, shall be placed or maintained at a greater
distance than ten feet front the south line of such
street or streets.
All newditches that may be constructed under
the terms of this franchise, shall be cemented at
the time that such ditches are constructed, such
cementing to be done in a good substantial manner.
Wherever it shall be necessary for the aforesaid
ditches to cross any street or alley now open, or
any street or alley which nlay her@after be opened,
within the corporate limits of the City et Anaheim,
such ditches shall cross said streets or alleys by
Means of pipes; such pipes shall extend across said
streets and alleys from side to side, including the
sidewalks.
All pipes shall be placed at a sufficient depth be.
low the street grades so as not to Interfere in any
manner with the street, sidewalks or gutters.
All bridges now Maintained over the ditches men-
tioned in this franchise shall be replaced with
=ever
the said Anaheim Union Water Company,
=ever the Board of Trustees of the City of Ana-
heim shall direct said Anaheim Union Water Com-
pany so. to do. The said Anaheim Union Water
Company to pay all expenses and costs of replacing
such bridges with pipes.
Where any street or alley terminates in another
street or alley, upon which any ditch or ditches are
constructed or maintained, the said Anaheim Union
Water Company shall cause said ditches to be piped,
at the place where such street or alley terminates.
Such ditches shall be piped for the full width of such
streetoralley so terminating.
Said Anaheim Union Water Company shall keep
all ditches maintained under the provisions of this
franchise free from greeds and rubbish of all kinds.
No weeds, sand, rubbish or other substance taken
from said ditches, or from the banks of said ditches,
shall be thrown or deposited in any public street or
alley of the City of Anaheim.
The said Anaheim Union Water Coupany, its suit-
censors and assigns shall hgltl the (11ty of Anaheim
free and harmless from any and A11 'damages that
may lie sustained by any person or persons by rea-
een of any ditch or ditches, culvert or culverts,
bridge or bridges, lgpe or pipes, that may be -main-
tained or constructed,in the aforesaid streets or
alleys by the said Anaheim Union Water Company,
its successors or assigns.
Whenever any culvert pipe or ditch or bridge,
maintained or constructod under the previsions of
this franchise, shall be out of repair, broken, or be
dangerous to the public, such culvert, pipe, ditch or
bridge shall be repaired forthwith by said Anaheim
Union Water Company, its successors or assigns.
And in the event of a failure of said Anaheim Union
Water Company to repair such culvert, pipe or
bridge forthwith, after being notified so to do by the
I, Superint.endentof'Streets of the City of Anaheim,
the Board of Trustees, of the City of Anahtim may
make such repairs as may be necessary on any cul-
vert, pipe, ditch or bridge that shall be out of ro-
ver',
or dangerous to the public. The cost
of making such repairs shall be a charge against
paid.Anaheim Union water Com ny or its succes-
authorize. the City of Anaheim to make such repatre,
and does thereby agree to repay to the City of Ana-
_.f&, wo.,aBd.G,httirges of making such ,e� e
es
herein granted shall continue and be in force for a
period of fifty years from and after the passage of
this ordinance.
1 Section 4.—Should said Anaheim Union Water
Company, its successors or assigns, fail, neglect or
refuse to Comply with any term, condition or pro-
vision contained in thio ordinance, then in that
event all the right and privileges granted to said
Anaheins Union Water Company, its successors or
assigns, shall be forfeited, and this grant shall be
null and Void.
Section 5.—The City Clerk shall certify to the
passage of this ordinance, and cause the same to be
published once in the AxAHE[M GAzarrs, a news-
paper printed, published and circulated in the City
-of Anaheim.
Section 6.—This ordinance shall take effect and be
in full force from and after its passage and the filing
by said grantee an unconditional acceptance hereof
in the office of the Clerk of the City of Anaheim.
C. O. RUST,
President of the Board of Trgstees of the City of
Anaheim.
I hereby certify that the foregoing ordinance was
introduced at a meeting of the Board of Trustees of
the City of Anaheim, held on the •lad day of June,
1896; that it was duly passed and adopted at a reK-
ular meeting of the Board of Trustees of the City of
Anaheim, held on the 14th day of July, 1896, by tfie
following vote:
Ayes—Trustses Rust, Lewis, Helmsen and Groat.
That the President of the Board of Trustees of the
City of Anaheim signed the same on the 14th day of
July, 1896• Al. NEBELUNG,
Cleric of the City of Anaheim.
ORDINANCE NUMBER 2Z,:Z
An Ordinance Granting to the Anaheim Union Water Company a
Corporation, the right to construct, and maintain irrigating ditch-
es on certain streets and alleys within the Corporate Limits, of
the City of Anaheim,;
The Boand of Trustees of the City of Anaheim do ordain as
follows:
Section, I -----Tip Board of Trustees of the City of Anaheim,
hereby grants to the Anaheim Union Nater Company, its successors
and asci s, the right and privilege to construct and maintain
irrigating"-.i.tches, along and across certain streets and alleys
within the corporate limits of the City of Ananeirrr;--der tare--�vn—
veyance of grater for i-rigating purposes, such right and privi-
X A�aw
1 lege to be/Ithe terms and conditions hereinafter contained;
The streets and alleys upon which the right and privilege
to.. constn. iat anal maintain such irrigating ditches are as follows:
_•
Along the west side of East street, from the north side of
North stre-et to a point about seven hundred feet south of South
street,;
Along the west side of Orange street from the north side
of North Street to the south side of Cypress ,street; r
Along the west side of Olive street from the north side of
Sycamore street, to the north side of North street;
s
Along the west side of Olive street from the south side of
Cypress street to the north side of Chartress street;
®.r
Along the gest side of Olive street from the south side of
Broadway street, to the north side of Santa Ana street;
Along the east side of Los Angeles street from a point half
way between South street and Santa Ana street, to the south side
of South street;
Alone; the west side of Lemon street from the north side of
Sycamore street to the dividing line between Blocks A-5 and B-5,
Along the east side of Palm street from the south side of
Broadway street to the north side of Santa Ana street;
Alone; the west side of Palm street from the south side of
Center street to the north side of No.�,th street;
Along the gest side of Citron street from a point half way
between Center street and Broadway street to the south side of
Cypress street;
Along the west side of Citron street from the north side of
Santa Ana street to Fairview ditch;
Along the west side of West street from the north side of
Center street to the south side of the continuation of North
street;
Aloes; the west side of !fest street from the south side of
South street to a point six hundred feet north of the south side,
of Broadway;.
Along the gest side of Walnut street from the north side of
Broadway street to the Southern Pacific Railroad property;
Alone; the west side of Walnut street from the south side of
the County road and the City Limits, northward about 2450 feet,;
Along the north side of North street from the west side of
Orange street to the west side of Lemon street;
Along the north side of North street, from the west side,
of Palm street to the west side of West street;
Along the north side of the cont inuat ion of north street
from the west side of West street in a westerly direction to the
City Limits;
k
Along the north side of Cypress street from the west side of
Orange street to the east side of Citron street;
.
Along the south side of the County road, north of Center
43
street, from the east side of 'Vest street, in a westerly direction
to the City Limits;
Along the north side of Broadway street from the west side
yr `
of East street, to the west side of Atchison street;
Along the south side of Broadway street froFn_the west side
P' of Olive street to the east side of Palm+ street;
Along the south side of Broadway street from the west side
of 'Test street to the east side of Walnut street;
Alone the north side Of Santa Ana street from the west side
of East street to the west side of Citron street;
Along the south side of South street from the east side of
Los Angers street to a point about half way between Lemon street
and Palm street;
Along the north side of Broad street from a point half way
between Orange street and Olive street to Citron street;
Along; the south side of Burton Avenue from the west side of
West street in a westerly direction to the west City Limits;
Along the north side of Sycamore street from the west side of
East street to the west side of lfest street;
I Along the .vest side of Atchison street, from the north side
of Broadway street to the south side of Center street;
Along the gest side of Clemintine street from the south side
of Broadway street to the north side of Aller, thence along the
north side of Alley to west side of Helena street, thence along
the west side of Helena street to the south side of Chestnut street
thence along the south side of Chestnut street to the east side
of Palm street;
Also the right to maintain the Fairview Ditch from the west
Ile side of Fast street
to the
west side of
Walnut street,
crossing
Olive, Orange, Los
Angeles,
Lemon, Palm,
Citron, West,
and Walnut
section, 2 ----The rights and privileges hereby granted to the
said Anaheim Union Water Comp any
conditions;
are upon the following terms and
In constricting and maintaining any ditch or ditches along
the east side of any street or streets, as authorized by this
franchise, no -part of such ditch or ditches or the banks of such
ditch or ditches shall be placed or maintained at a greater dist-
ance than ten feet from the east line of such streets or streets;
In constructing and maintaining any ditch or ditches along
the west~'side of any street or streets, as, authorized by this
franchise, no part of such ditch or ditches, or the banks of such
ditch or ditches shall be placed or maintained at a greater distance
than ten feet from the west line of such street or streets;
In constructing and maintaining any ditch or ditches along
the north side of any street or streets or alley as authorized
by this -franchise, no part of such ditch or ditches or the banks
of such ditch or ditches shall be placed or maintained at a greater
distance than ten feet from the north side of such street or
streets oralley;
In constructing and maintaining any ditch or ditches along the
south side of any street or streets, as authorized by this fran-
chise, no part of such ditch or ditches or the,4�of such
diteh,lshall be placed or maintained at a greater distance than ten
feet from the south line of such street or streets;
All neer ditches. -that may be constructed under the terms of
this franchise, shall be cemented at the time that such ditchgare
constructed, such cementing to be done in a good substantial
manner;
There -ever it shall be necessary for the aforesaid ditches
to cross any street or alley now open or any street or alley
which may hereafter be opened, within the corporate limits of the
City of Anaheim, such ditches shall cross said streets or alleys
by meansa of pipes, such pipes shall extend across said streets
and alleys from side to side including the sidewalks;
411 pipes shall be placed at a sufficient depth below the
street grades so as not to interfere in any manner with the
street, sidewalks or gutters;
All bridges now maintained over the ditches mentioned in this
franchise shall be replaced with pipes by the said Anaheim Union
Water Company, whenever the Board of Trustees of the City of Ana-
heim shall direct said Anaheim Union Water Comp any so to , do; The
said Anaheim Union !'dater Company to pay all expen.-;es and costs of
replacing wkjdtxpdgaa such bridges with pipes;
Where any street or alley terminates in another street or
a.11ey,upon which any ditch or ditches are constructed or maintain-
ed, the said Anaheim Union Water Company shall cause said ditches
to be piped, at the place where such street or alley terminates
such .,__.teles �,yal, be piped fo- the _full width of such street or
alley so terminating;
Said Anaheim Union Water Company, shall keep all ditches
maintained lander the provisions of ,this franchise free from weeds
and rubbish of all kinds;
No weeds, sand rubbish or other substance taken from said
ditches or from the banks of said ditches shall be thrown or de-
posited in any public street or alley of the City of Anaheim;
�,... The said Anaheim Union Water Company its successors and
assigns shall hold the City of Anaheim free and harmless from any r
i
and all damages that may be sustained by any person or per.Sons
h by reason of any ditch or ditches, culvert,# or culverts, bridge
or bridges, pipe or pipes, that may be maintained or constructed,
in the aforesaid streets or alleys by the said Anaheim Union Fater
ray Company, its successors or assigns;
Whenever any culvert, pipe or ditch or bridge, maintained or
constructed under the provisions of this franchise, shall be out
of repair broken :txxg2xamx or be dangerous to the public, such
cAvert pipe ditch or bridge shall be repaired forthwith by said
Anaheim Union' Water Corq)any its successors or assigns; and in the
event of a. failure of said Anaheim Union dater Company to reptir
such culvert, pipe or bridge forthwith, after being notified so
to do by the Superintendent of Streets of the City of Anaheim, the
t
Board of Trustees of the City c,f Anaheim, may make such repairs as
may be necessary on any culvert, pipe, ditch or bridge, that shall ;
be out of repair broken or dangerous to the public; the cost
of making such repairs shall be a charge against said Anaheim Unin
Water Conpany, or its successors or assigns, and the said Anaheim
Union Water".'Corrg,any by accepting this franchise do thereby auth-
oriZe the City of Anaheim to make such xxlz:kxa .repairs, and does
thereby agree to repay to the City of Anaheim the costs and char-
ges of nkak i ng ::such repairs;
Section, 3 ----The rights, privileges and franchises herein
granted shall continue and be in force for a period of fifty years
froii an af'te- the Tassage of this ordinance;
Section,4-,---Should said Ana,heiai Union Water Company, its
successors or assigns fail, neglect or refuse to comply with any
term, contiti.on or provision contain -'-d in this ordinance, then in
that event all the right and privileges granted to said AnaC.,.eim
Union elate_- Cor:4:any its successors or assigns, shall be forfeited
and this grant shall be ni-41 and void;
Section_, 5 ------The City Clerk shall certify to the passage of
this ordinance, and cause the same to be published once in the
/ L L a ne�vsp yip er printed, p,zbli shed
and circulated in the City of Anaheim;
Section, 6 ------This ordinance shall take affect and
full force froiq and after its passage and the riling by
grantee an tlncoY'ditional acceptance hereof in the office
Clerk of the City of Anaheim.
President of the Board of T.nzstees
of the City of Anaheim.
I, hereby certify that the foregoing; ordinance was introduced
at a meeting of the Board of T-ustees -of the City of Anaheim, held
4:
on the .� ... day of June 1896, that it was :duly passed and adopt
ed, at a regular meeting of the Board of Trustees of the City of
Anaheim, held o, - the day of Ji.zlir I89C by the follcvving
vote, Ayes: Tr;zstees = ��yzc-L-4 - — — — — — — — —
L7
That the President of the Board of Trustees of the City of
Anaheim signed the same. on the day ?"f July 1396;
7
Clerk of the City lef Anaheim.