59R-4965
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RESOLUT ION NO. 4965
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHElM APPROVI~G AND AUTHORIZING THE EXE-
CUTION OF A M0DIFIED AGREEMENT TC BE MADE AND
ENTERED INTO BY AND BET~~EN ORANGE COUNTY
FLOOD CONTROL DISTRICT AND THE CITY OF ANAHEIM,
RELATING TO THE USE FOR RECREATION PURPOSES, BY
THE CITY, OF THE RETARDING BASIN OF SAID DIS-
TRICT IN CARBON CREEK CHANNEL, PROJECT NO.8-I.
WHEREAS, the Orange County Flood Control District is
contemplating the construction of a flood control channel and
a retarding basin as outlined in its Carbon Creek Channel,
Project No. B-1 of the Flood Control Engineer's report dated
March, 1955, entitled, "General Plans, Specifications and
Estimates of Cost of Rights of Way and Construction of Improve-
ments for Drainage Facilities for Flood Control in Orange County,
California," on file in the office of the County Clerk of Orange
County, California; and
WHEREAS, t]-le City of Anaheim owns certain lands along
said project, between the Santa Ana Freeway and Magnolia Avenue
and contemplates the acquisition of additional lands in the
vicinity of said lands now owned by it, and contemplates the
use of said lands for recreation and other purposes; and
WHEREAS, said project will be such that the retarding
basin will normally receive waters only during and for relatively
short lengths of time after periods of rainfall, and that for
long periods of time will be empty, dry and idle; and
'dHEREAS, the City desires to use portions of said
project for recreation purposes in integration with its own
contiguous lands, and the Orange County Flood Control District
is willing to grant to the City the right to use for recreation
purposes, only for such time and purposes which will not inter-
fere with the primary use and purpose of the District, all of
the lands shown on Exhibit A and described in Exhibit B, lying
between Brookhurst Avenue and Gilbert Street, and all of the
lands to be acquired by the District lying between Gilbert
Street and Magnolia Avenue, in consideration of the terms,
covenants, conditions and agreements to be kept, performed and
observed by the City and the Orange County Flood Control District,
as more particularly set forth in that certain modified agreement
this day submitted to the City Council of the City of Anaheim,
and to be executed by the City of Anaheim as of the date of
January 7, 1959; and
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WHEREAS, the City Council does find that it would be
to the advantage and for the best interests of the City of
Anaheim and the citizens and residents thereof to have the use
of said property for recreation purposes, and that the terms
and conditions upon which the said Orange County Flood Control
District has offered to grant to the City the right to use said
land and premises for such purposes are fair and reasonable;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the modified agreement to be made
and entered into by and between the Orange County Flood Control
District, a body corporate and politic and the City of Anaheim,
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a municipal corporation, for the use of said land for recreation
purposes, upon the terms, covenants and conditions set forth in
the written modified agreement this day submitted to the City of
Anaheim and to be executed by the City as of the 7th day of
January, 1959, be, and the same is hereby approved, and that the
Mayor and the City Clerk be, and they are hereby authorized and
directed to execute said agreement for and on behalf of the City
of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
this 6th day of January, 1959.
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MAYO OF HE ~iF ~IM
ATTEST:
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CI C E{{OF T~IE CITY OF ANAHEIJV:
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was introduced
and adopted at an adjourned regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 6th day of
January, 1959, by the following vote:
AYES: COUNCILl'-!EN: Borden, Coons, Fry, Pearson and Schutte
NOES: COUNC I LJ\!EN : None
ABSENT: COUNC I LMEN : None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 6th day of
January, 1959.
IN WITNESS lNHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 6th day
of January, 1959.
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~RK OF"T 1Tf-01~EIM
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