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59R-5508 -, ~ RESOLUTION NO. 5508 A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR .AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH BOSS OVERALL CLEANERS WI TH REFERENCE TO AN EASEMENT FOR STREET PURPOSES, REMOVAL OF BUILDINGS FROM SAID EASEMENT, AND OONSTRUCTION OF BUILDINGS AS AUTHORIZED IN VARIANCE NO. 1118. WHEREAS, Boss Overall Cleaners did apply for a variance to the Zoning Ordinance of the City of Anaheim in order to construct and/or make certain alterations to buildings on its property located on Euclid Avenue, north of La Palma Avenue, and more particularly described in Resolution No. 5353 of the City Council of the City of Anaheim; and WHEREAS, the City Council did grant said variance to Boss Overall Cleaners, being Variance No. 1118, upon certain conditions as set forth in Resolution No. 5353; and WHEREAS, the Building Department of the City of Anaheim will not grant a building permit to Boss Overall Cleaners until the conditions of Resolution No. 5353 have been met; and WHEREAS, the City Council finds that it would work an extreme hardship on Boss Overall Cleaners to meet the conditions prior to commencement of the building program authorized by the variance, but that it would be practical to meet the conditions of the variance during the construction under the variance. ..--.. 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 of Anaheim and Boss Overall Cleaners, the terms, covenants and conditions of which shall be as follows: 1. Boss Overall Cleaners shall deliver a properly executed deed, conveying an easement on a strip of land 40 feet from the center line of Euclid Avenue along the pro- perty of the Boss Overall Cleaners fronting on Euclid Avenue for street purposes, to the City Attorney of the City of Anaheim to hold in trust for the City of Ana- heim and to be delivered to said City for acceptance sixty (60) days after the execution of said agreement. 2. Boss Overall Cleaners shall grant to the City of Anaheim the right to enter upon the land of Boss Overall Cleaners immediately after the signing of said agreement in order to construct curbs and gutters and install street im- provements on the property to be conveyed to the City of Anaheim as an easement for street purposes and described in the deed of conveyance to be held in trust by the City Attorney; provided, however, that the City shall not disturb any buildings of Boss Overall Cleaners located on said property. 3. Boss Overall Cleaners shall within sixty (60) days from the date of said agreement remove, at its sole expense, all buildings or parts of buildings located -1- - - ~ on the property described in the deed of conveyance held in trust for the City of Anaheim by the City Attorney as provided in paragraph I above. 4. The City of Anaheim shall, through its Building Department, i S8.ue a build ing permi t to Boss Overall Cleaners upon the execution of said agreement to allow construction as authorized under Variance No. 1118. 5. The City of Anaheim shall make street improvements on Euclid Avenue in front of the property of Boss Overall Cleaners as soon as practicable. 6. The City of Anaheim shall pay the Boss Overall Cleaners the sum of $2,000.00 at the expiration of sixty (60) days from date of said agreement, pro- vided, however, that Boss Overall Cleaners has removed the buildings as provided in paragraph 3 above. In the event the Boss Overall Cleaners has not removed said buildings within said sixty (60) days, then said $2,000.00 shall not be paid until said removal has been completed; and provided further that if said buildings are not removed within ninety (90) days from the date of said agreement, then the City may, at its option, remove any structure, or parts of structure, then remaining upon the street right-of-way and deduct the cost of such removal from the said $2,000.00 and pay the balance, if any, to the Boss Overall Cleaners. It shall be further specifically provided that should the City of Anaheim remove the bui ldings, structures, or parts of buildings or structures, within the street right-of-way and now belonging to Boss Overall Cleaners under this provision, that the City shall not be liable for any damage occasioned thereby to remaining buildings or structures of Boss Overall Cleaners which are in any way con- nected to buildings or structures removed by said Ci ty . BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to enter into said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 15th day of September, 1959. MAilF~ Cl~ ~ ,..., A TTES T : ~E~F-7~M " -<:- ..-. - STATE OF CALIFORNIA}. COUNTY OF ORANGE 55. OTY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby tertify that the foregoing Resolution No. 5508 was introduced and adopted at a adjourned regular meeting provided by law, of the City Council of the City of Anaheim, held on the 15th day of September, 1959 by the following vote of the members thereof: AYES: COUNCILMEN: Coons, Fry, Pearson and Schutte NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ONE OOUII:IL POSITION VACANTI AND I FURTHER CERTIFY that the Mayor of the City of Anaheim ap- proved and signed said Resolution No 5508 on the 15th day of September, 1959. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of September, 1959 M~~ hr. -V~<:-;< ~ ~ OTY CLERK OF THE CITY OF ANAHEIM (SEAL) ._~