57R-3973
,.-..
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT TO BE MADE AND
ENTERED INTO WITH SOUTHERN PACIFIC COMPANY
GRANTING TO THE CITY AN EASEMENT FOR STREET
AND PUBLIC UTILITY PURPOSES IN, UPON, ALONG,
OVER AND ACROSS A CERTAIN PARCEL OF LAND,
TOGETHER WITH ALL OF SAID SOUTHERN PACIFIC
COMPANY'S TITLE AND RIGHT TO A CERTAIN WATER
WELL AND FACILITIES.
3973
WHEREAS, Southern Paciric Company, a corporation or
the State or Delaware, has tendered to the City or Anaheim an
indenture granting to the City an easement ror street and pub-
lic utility purposes in, upon, along, over and across that cer-
tain parcel of land situate in the Northwest quarter of the
Northeast quarter or Section 23, Township 4 South, Range 10
West, S.B.B.& M., in the City or Anaheim, County or Orange,
State of Calirornia, described as rollowa:
The North 50 reet of said Northwest quarter or
the Northeast quarter or Section 23.
EXCEPTING THEREFROM the West 490 feet and the
East 462 ~eet of said Northwest quarter of the
Northeast quarter.
Containing a net area or 0.425 of an acre,
more or less.
Together with all or Southern Paciric Company's title
to, and right to maintain, replace and use, the existing water
well and waters thererrom, pump house, concrete stand pipes,
concrete storage tank, power pole and pipe lines situated on the
parcel of land described in that certain deed dated March 1, 1956
~rom Southern Paciric Company to Anaheim Properties, Inc., as
follows:
liThe West 490 feet of the North 775 feet of the
Northwest quarter or the Northeast quarter or
Section 23, Township 4 South, Range 10 West, San
Bernardino Base and Meridian, being a portion or
Lot 41, m the Rancho San Juan Cajon de Santa Ana,
in the County or Orange, State or Calirornia, con-
taining an area or 8.718 acres, more or less."
.'-
Subject to the rollowing conditions:
1. All licenses, leases, easments, restrictions,
conditions, covenants, encumbrances, liens and
claims or title which may arrect said land and
the word GRANT as used in said indenture shall
not be construed as a covenant against the ex-
istence or any thereor.
2. Southern Paciric Company shall bear the cost
(provided such does not eIceed $2,310.00) of
constructing curbs and gutters upon the parcel
of land first hereinabove described, and, ex-
cept as above provided, shall not bear any of
the cost of construction and maintenance of
the street or public utilities constructed in
and upon said parcel of land.
-1-
-.
,,-..
3. Should the City of Anaheim, its successors
or assigns, at any time abandon the said par-
cel of land first hereinabove described, or
any part thereof, for ~he purposes herein
granted, the easement granted sh$,).lcease to
the extent of the use ~o abandoned and title
to said land shall revert to Southern Pacific
Company, its successors.or assigns, free and
clear of said easement, to the extent so
abandoned.
4. In consideration of said conveyance, the City
of Anaheim agrees, at its expense, to relocate
~d th~reafter maintain the above pipe line
facilities hereinabove described along Ball
Road and Lewis Street in said City of Anaheim,
and to provide water to the present users of
water from said well for so long as they may
require the same for the irrigation of citrus
groves upon the adjacent property at the above
location at a cost which shall not exceed the
expense to the City of Anaheim of operating
and maintaining said facilities.
AND WHEREAS, said grantor has tendered to the City of
~~ei~ ~he indent~re above m~ntioned to be executad by said
Southern Pacific Company and the City of Anaheim, which indenture
the City Council finds would be for the benefit and best interest
of the City of Anaheim and should be approved.
NOW; THEREFORE, BE IT RESOLVED by the-City Council of
the City of Anaheim that the indenture tendered to the City of
Anaheim by Southern Pacific Company, a corporation of the State
of Delaware, granting to the City, but subject to the terms, cove-
nants and conditions therein contained and hereinabove set forth,
an easement for street and public utility purposes in.. upon, along,
over and across that certain parcel of land hereinabove described,
together with all of Southern Pacific Company's title and right to
the existing water well and facilities hereinabove more particu-
larly described, be, and the same is hereby, approved and accepted.
BE IT FURTHER RESOLVED that the Mayor and the City Clerk
be, and they are hereby, authorized to execute said indenture for
and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
day of July, 1957.
~~~~
thi s 2nd
ATTEST:
.,.-.
~~Jil ~~) OF ANAHEIM
c. ~..
~. ~ //1 ~tZ~te-~'
DEPUTY CITY CL~ K
CITY OF ANAH,"IM
-2-
-
STAIE Of ow: . PQUU I
C>>IJIffi' 6lP __ S$.
CITY OF .....111
I, DUE K. WILI.UI8f 01 ty Clulc of the C1 ty of Anaheia,
d.o hereby certify tAat the fON9oint. R.$~lu.thm was duly passed and.
adopted at an adjourned regular Meting of t.he City Coul\cil of t.he
~
\
City of Anaheill, held on the 2nd day of July, 1957, by the follolfin9
vote of tHe _Jlbers thereoh
AYES I
IllES I
COUJICILIIIJh Peal'$ol\., C..R!i, Fry and Schutte
OOUJC:ltllEJh None
ABSENTs. ~IIJlmh Wisser
AMI) I PUJlTHEI CERnFY tha. the Mayor of the C1 ty of Anah.eill
approved aJld signee said lte$Olution on tbt 2nd. day of July, 1957.
IN WITJG!I$ 1tHPEOF, I have heI'e\lftto set 1Il'f haad and affixed
the seal of the City of Anaheim this 2nd d.&y of JUly, 1957.
/7 ). ' 1./ .
,,(0u.- J? /{~
~TY C1.1!ItK f1P _ CITY, OP .AJWOttM '
., ~ 0:;--- .
~. /LL~ ffi. ~ a;4A.-~~
OEPUTY CITY CLEPK
CITY OF ANAH<=.;M
(~)
""""'\