58R-4894
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RESOLUTION NO.
4894_
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAIiE 1M APPROVING AN AGREEMENT TO BE MADE
AND ENTERED INTO BY AND BETWEEN THE CITY OF
ANAHEIM AND ORANGE COUNTY fLOOD CONTROL DISTRICT
FOR THE USE OF CERTAIN LAND IN PROJECT NO. B-1
FOR RECREATION fURPOSES; AND AUTHORIZING THE
MAYOR PRO TEM AND CITY CLERK TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY.
WHEREAS, Carbon Creek Channel is Project No. B-1
of the Engineer's Report dated March, 1955, entitled -General
Plans, Specifications and Estimates of Cost of Rights of Way
and Construction of Improvements 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, said project between the Santa Ana Freeway
and Magnolia Avenue, in accordance with said Engineer's Report,
will be a combination of open earth channels, retarding and
conservation basins, and closed reinforced concrete conduits
and culverts, all substantially as shown on Exhibit "Aft, attached
to and made a part of an agreement this day submitted to the
City Council by the Orange County Flood Control District; and
WHEREAS, the City 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 certain lands and contemplates the use of said lands for
recreational and other purposes; and
WHEREAS, the operation of
that the retarding basin will norma
and for relatively short lengt
and that for long per iods of .
imposing a maintenance proble
and
said project will be such
ters only during
eriods of rainfall
and idle,
ntrol District;
WHEREAS, the City desires to use portions of said
project for recreation purposes in integration with its own
contiguous lands;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the agreement this day submitted to
the City Council by the Orange County Flood Control District,
the terms, covenants and conditions of which are as hereinafter
set forth, be and the same is hereby approved. That said terms,
covenants and conditions are as follows:
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That the City of Anaheim shall have the right to use
for recreation purposes, only for such time and purposes which
will not interfere with the primary use and purpose of said
Orange County Flood Control District, all of the lands shown on
Exhibit "Aft and described in Exhibit "B", both of which are
attached to and made a part of said agreement submitted to the
City Council, lying between Brookhurst Avenue and Gilbert Street
and all of the lands to be acquired by said Flood Control District
lying between Gilbert Street and Magnolia Avenue, upon the Tollow-
ing(: condi t tons:
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1.
shall be for a
mutual consent
District.
The above stated rights to the Ci ty of Anahe im
period of 25 years unless sooner terminated by
of the City and the Orange County Flood Control
2. That said District shall have prepared and shall
submit to the City, Plans and Specifications for said project
between the Santa Ana Freeway and Gilbert Street.
3. That said project between Gilbert Street and
Magnolia Avenue will consist of an open earth channel of such
side slopes, bottom width and berm heights as dictated by the
City notwithstanding any other terms of said agreement provided
only that said channel have capacity to pass design peak flows
and that said side slope.: be not less than 1 foot vertical rise
per 1.50 feet horizontal measurement.
4. That said project between Gilbert and Magnolia
shall be fenced by said District only with City's permission.
5. That the City shall r8view said plans and shall
transmit to said District's Flood C..trol Engineer what changes,
if any, are necessary to secure City's approval. In the event
of disagreement between the City and-said District in respect to
said plans, the decision of District's Flood Control Engineer
shall be final.
6. That after said plans and specifications have been
approved by the City and when in said District's opinion the work
should be undertaken, District shall award a contract for a portion
of said Project No. B-1 in accordance with law, said portion being
not less than that lying between the Santa Ana Freeway and
Magnolia Avenue. Said contract shall be awarded so that the
construction is completed not later than concurrently with com-
pletion of Carbon Canyon Dam.
7. That the City shall convey to District the required
easements for said Project No. B-1, as shown on Exhibit "An, attached
to said agreement submitted to the City Council, between Santa Ana
Freeway and Magnolia Avenue across City's lands owned or acquired
prior to the time of award of said contract.
8. That prior to the beginning of or alteration of use
of any of District's lands by City pursuant to the terms of said
agreement, City shall submit to District's Flood Control Engineer
for approval plans for such use. Said Engineer shall review said
plans with respect to the operation and maintenance of said
Project No. B-1. In the event of disagreement between City and
Engineer in respect to said plans, said Engineer shall refer the
disagreement to the Board of Supervisors of the Orange County
Flood Control District, whose decision in the matter shall be
final.
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9. That the City shall perform all maintenance of said
project between Brookhurst Street and Magnolia Avenue, including
the removal, control or mowing of vegetative growth and the re-
moval of silt deposit and debris except that, when in the opinion
of District's Flood Control Engineer, there is no tangible connec-
tion between the required maintenance and City's use of the area,
City will not be required to perform such maintenance.
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10. That City shall maintain, at its own cost, all
facilities it constructs on District's lands pursuant to 'aid
agreement.
11. That the rights and privileges granted City shall
be non-assignable without the prior approval of District's Board
of Supervisors.
12. That said District may reserve the right unto
itself to perform any flood control work, including but not
limited to the repair, renewal, construction or reconstruction
of said channel or basin or to do any other work necessary at
any time. Such work may be performed without incurring any
liability of any nature whatsoever to the City. That the
District may reserve unto itself, its officers, agents and
employees the rights of ingress and egress over all or any
portion of the subject area.
13. That the City shall save District, its officers,
agents and employees harmless from any or all penalties, liabil-
ities or loss resulting from claims or court actions arising
directly or indirectly out of any damage or injury to persons
or property by reason of the acts or omissions of City, its
agents, employees or independent contractors employed by City
in exercising any of the privileges granted or in consequence
thereof.
14. That the purpose of said Project No. B-1 is for
flood control and water conservation, a higher public use than
that contemplated by City. That the District may reserve unto
itself the right to adopt such operating and maintenance sched-
ules and procedures that are necessary to accomplish the maximum
benefit from said Project No. B-1 subject only to notifying City,
if practical, prior to any operational or maintenance action
affecting City's use of said project. City shall have no recourse
against District for any operational or maintenance activity car-
ried on within the retarding and conservation basin lying between
Brookhurst and Gilbert Streets.
BE IT FURTHER RESOLVED that the Mayor Pro Tem 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 25th day of November, 1958.
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MAYOR
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ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM.
.,"",.
STATE OF CALIFORNIA)
COIDITY OF ORANGE ) s s .
CITY OF ANAHEIM )
I, DEle M. WILLIAMS, CITY ClERK o.f the City of Artaheim,
do hereby certify that the foregoing Resolution was introduced
and adopted ata regular meeting of the City Council of the City
of A.naheim, held on the 25th day of Novetllber, 1958, -by the following
votel, . .
AYES:
COUNCILMEN: Borden, Fry, Schutte and.Coons
NOES:
COUNCIUlEN: None
A.BSElfTl COURC1LMElh Pearson
AND I FllRTHER CERTIFY that the Mayor Pro Tem of the
Ci ty of Anahetm approved and signed said Resolution on the 25th
day of November, 1958.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 25th day
of Novemier, 1958.
1/ _. . j.;- ,
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CITY CLERK 0F THE CITY OF AHA$!~
(SEAL)
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