RES-2011-130 RESOLUTION NO. 2011 -130
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE
RIGHT OF ENTRY AGREEMENTS FOR
CAPITAL IMPROVEMENT PROJECTS IN THE
FORM APPROVED BY THE CITY COUNCIL
FOR AND ON BEHALF OF THE CITY OF
ANAHEIM.
WHEREAS, as part of planning, design and construction of City of Anaheim
( "City ") Capital Improvement Projects (CIPs), the City's designers, contractors, agents and
employees often require access to enter upon private property to investigate existing conditions,
utilities, and surface elevations; and
WHEREAS, in addition, access and permission is also necessary to enter upon
private property to make improvements which complement the new capital improvements,
including but not limited to onsite grading, driveways, drive aisles, relocation of utilities and
modification to irrigation systems; and
WHEREAS, in order to obtain the private property owners' approval of such
modifications and gain access to the subject property, the City presents for execution a Right of
Entry Agreement, which is reviewed and approved by the City Attorney and sent to City Council
for approval; and
WHEREAS, requiring that the City Council execute all such agreements
unnecessarily lengthen response times for exigent circumstances, and is unnecessary for budget
control or other purposes of management and coordination; and
WHEREAS, the City wishes to expedite the Right of Entry approval process and
authorize the Director of Public Works to execute the Right of Entry Agreements for Capital
Improvement Projects on behalf of the City; and
WHEREAS, Section 518 of Article V of the Charter of the City of Anaheim
permits the City Council to designate certain officers of the City to execute on behalf of the City
of Anaheim contracts approved by the City Council; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Anaheim hereby approves the Right of Entry Agreement attached hereto as Exhibit A which is
incorporated herein by this reference.
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BE IT FURTHER RESOLVED that the Director of Public Works be, and hereby
is, authorized to execute, on behalf of the City of Anaheim, Right of Entry Agreements presented
in substantially the same form and content as Exhibit A, provided such agreements have been
approved as to form by the City Attorney.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 13th day of September 2011, by the following roll call
vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY O��IM
By
MA OR OF THE ITY OF ANAHEIM
ATTES ,
0 /
CITY CLERK OF TH CITY 0 ANAHEIM
85934.1 /bmorley
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Exhibit A
Parcel No.: xxx- xxx -xx & xx ACQ: xxxx- xxxxxx
Project: [Project Name]
RIGHT OF ENTRY
Permission is hereby granted to the City of Anaheim (hereinafter called "City "), its
officers, agents, employees and persons under contract with the City and their employees
and invitees, the right to temporarily enter upon a portion of the real property of the
undersigned (hereinafter called "Owner ") for the purpose of construction/reconstruction
of driveways and matchwork of existing grade to newly constructed driveways. Said
matchwork, construction and /or re- construction shall be accomplished by City without
cost to owner.
By use of this Right of Entry, City indemnify the undersigned, and agents and employees
of the undersigned, against, and will hold them and save them, and each of them,
harmless from any and all actions, claims, damages to persons or property, penalties,
obligations, or liability that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of or in connection
with the work described above.
It is expressly understood that this Right of Entry shall not, in any way whatsoever, grant
or convey any permanent easement or other interest is said property to the City.
This Right of Entry shall become effective immediately upon owners execution of this
document and shall expire x months from date of execution.
Property Owner Company/Name
Dated: By:
Property Owner Name
Address:
Telephone:
ACCEPTED AND APPROVED:
Dated: By:
Anaheim Public Works Director
Accepted and
Approved to Form:
By:
City Attorney's Office Date