1961-7345RESOLUTION NO. 7345
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AGREEMENT TO
BE MADE AND ENTERED INTO BY AND BETWEEN
THE CITY OF ANAHEIM AND ORANGE COUNTY
FLOOD OONTROL DISTRICT FOR THE USE BY THE
CITY OF A STRIP OF LAND 23 FEET IN WIDTH
ADJACENT TO AND CONTIGUOUS WITH THE EAST
LINE OF CYPRESS AVENUE; AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT.
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WHEREAS, under authority of the Orange County Flood
Control District Act, the Orange County Flood Control District
has awarded a contract for the construction and improvement
of Carbon Creek Channel from Raymond Basin to Miller Basin,
Bond Project B1, Part IV, plans and specifications for which
were approved June 30, 1961, by the City of Anaheim; and
WHEREAS, the plans provide for the Cypress Avenue
(60 -foot right of way) culvert to extend easterly to Station
220 +05.79 (64 feet east of the street centerline), and the
easterly 54 feet of culvert construction lies within said
Orange County Flood Control District's property known as
the Placentia Retarding Basin and passes beneath the basin's
westerly berm; and
WHEREAS, the City desires to utilize for street
and highway purposes a 23 -foot wide strip of land adjacent
to and contiguous with the east line of Cypress Avenue,
which strip now is part of said District's property, and
the easterly line of said strip will lie parallel to and
53 feet east of the centerline of Cypress Avenue; and
WHEREAS, it has been determined that the City's
use of such 23 -foot wide strip could be accomplished if:
(1) Orange County Flood Control District grants
to the City an easement for street purposes
over the westerly 23 feet of the Placentia
Retarding Basin.
(2) Said District's existing berm and fence at
the east of Cypress Avenue were relocated
approximately 23 feet east.
(3) Said District's proposed Cypress Avenue
culvert were extended 19 feet at its
easterly end.
AND WHEREAS, it would be in the best interests of
the City and said Orange County Flood Control District to
arrange for City use of the 23 -foot wide strip of land as
outlined above; and
WHEREAS, the City and Orange County Flood Control
District desire to enter into an agreement for the use by the
City of Anaheim of said 23 -foot wide strip of land adjacent
to and contiguous with the east line of Cypress Avenue, and
the Orange County Flood Control District has this day submitted
to the City a form of agreement to be made and entered into
by and between the City and said District for the use of said
23 -foot strip of land by the City, upon the terms, covenants
and conditions set forth therein, which agreement the City
Council finds would be for the benefit and best interest of
the City and should be approved.
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
to be made and entered into by and between the City and said
Flood Control district, for the use by the City of a strip of
land 23 feet in width immediately east of and contiguous with
the existing east line of Cypress Avenue (which strip of land
is now owned by the Orange County Flood Control District, and
is more particularly hereinabove described), upon the terms,
covenants and conditions hereinafter set forth, be and the same
is hereby approved. That said terms, covenants and conditions
are as follows:
1. Orange County Flood Control District shall:
(a) At no cost to the City of Anaheim, grant
to the City an easement for street purposes
to a strip of land 23 feet wide immediately
east of and contiguous with the existing
east line of Cypress Avenue. The easterly
line of the easement will be 53 feet east
of the centerline of Cypress Avenue.
(b) At the expense of the City of Anaheim
remove by excavation the westerly berm of
the Placentia Retarding Basin and re-
construct same with compaction approx-
imately 23 feet east of its existing
location. City will pay only for removal,
placing and compacting, of yardage re-
maining after removal from the existing
berm of the necessary volume in way of
the Cypress Avenue detour.
(c) At no cost to the City, relocate the
existing fence (approximately 300 feet
long) now located 30 feet east of the
centerline of Cypress Avenue to a line
53 feet east of the street centerline,
at the westerly toe of the reconstructed
berm (b) above. The relocated fence
shall be five -foot high chain link to
said District's standards.
(d) At the expense of the City, as outlined
in Paragraph 2(a) below, extend the
length of the Cypress Avenue culvert
19 feet to the east of the present
terminus shown on the plans, or to
Station 220 +24.79.
(e) The work to be done at the expense of
City will be accomplished by change order
to District's contractor at the bid unit
prices for excavation, placing, compaction,
reinforcing, and concrete, and City will
be invoiced for these costs after filing
of the Notice of Completion on this
project.
2. The City of Anaheim shall:
(a) Reimburse said Orange County Flood Control
District within 30 days after invoice date
for its actual cost incurred in relocating
the berm off the future street right of
way and in constructing 19 feet of additional
culvert in accordance with Paragraphs 1(b)
and 1(d) above.
(b) At no cost to said District, relocate City's
10 -inch water line now located approximately
2L. feet east of the centerline of Cypress
Avenue either by construction of an inverted
siphon below said District's culvert or
by reconstruction of the pipeline over the
completed culvert, at City's option.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be, and they are hereby, authorized to execute said agreement
for and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by
me this 7th day of November, 1961.
ATTEST:
MA OR OF E CITY ANAHEIM
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 No. 7345 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 7th day of
November, 1961, by the following vote of the members thereof:
AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson
and Schutte.
COUNCILMEN: None.
NOES:
ABSENT: COUNCILMEN: None.
AND I FURTEIER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 7345 on the 7th
day of November, 1961.
IN WITNESS WHEREOF; I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 7th day of
November, 1961.
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CITY CLERK OF THE CITY OF ANAHEIM