1962-0945RESOLUTION NO. 62R-945
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND
SANTA ANA STREET WATER COMPANY WITH REFERENCE TO
THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED BY
SANTA ANA STREET WATER COMPANY FOR CERTAIN
FACILITIES AND SERVICES OF THE CITY.
WHEREAS, Santa Ana Street Water Company is the owner of
certain real property situated in the City of Anaheim, County of
Orange, State of California, more particularly hereinafter des-
cribed, and is in need of certain facilities to fulfill its
obligations to furnish irrigation water to certain of its customers;
and
WHEREAS, the said Santa Ana Street Water Company has
offered to exchange said real property by deeding the same to the
City subject to certain provisions hereinafter set forth; and
WHEREAS, the City is in position to accept said real
property and is desirous of acquiring the existing well located
thereon, inasmuch as the same could be integrated into the water
system of the City; and
WHEREAS, the City is in position to furnish irrigation
water and to install the necessary meters and appurtenances in
connection therewith; and
WHEREAS, the City of Anaheim and Santa Ana Street Water
Company desire to enter into an agreement for the exchange of
said real property for certain facilities and services as more
particularly hereinafter set forth.
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 Santa Ana Street Water
Company providing for the exchange of said real property for
said facilities and services, the terms and conditions of which
agreement shall be as follows:
1. Santa Ana Street Water Company shall forthwith
furnish to the City its deed to the following
described real property situated in the City of
Anaheim, County of Orange, State of California,
to wit:
Lot 23 of Tract No. 3392, as shown on a Map
recorded in Book 126, Pages 13, 14 and 15 of
Miscellaneous Maps, Records of said County.
EXCEPTING all oil, gas and minerals lying below a
depth of 500 feet, but without the right of surface
entry to take, market, mine, remove and drill for
same, as reserved in the deed from Alvin S. Barnett
recorded August 7, 1959 in Book 4830, Page 137 of
Official Records.
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ATTEST:
2. Santa Ana Street Water Company shall retain title to
all easements and water lines in connection with
service to its customers and shall be responsible
for the maintenance of said lines until such time
as the same are abandoned by said water Company.
3. The City shall install two (2) Irrigation Water
Meters to be located on East Santa Ana Street and
on East South Street, said Meters to be retained
by the Santa Ana Street Water Company for so long
as the same are used for agricultural irrigation
purposes.
4. The City shall furnish irrigation water through
said Meters at the current irrigation water rate
as the same may vary from time to time; provided,
however, that such water shall be used for irrigation
purposes only, and provided further, that when the
demand for irrigation water no longer exists or when
no irrigation water is furnished through said Meters
the City may discontinue such irrigation water
service and remove said Meters.
5. It shall be understood and agreed by and between
the City and said Santa Ana Street Water Company
that title to the well and equipment located on
said Lot 23 shall pass to the City and that the
City's obligation shall be to furnish water for
irrigation purposes only. That when the need for,
and the use of, said irrigation water ceases, the
obligation of the City shall come to an end and
it may remove or otherwise dispose of the said
Irrigation Water Meters to which reference has
heretofore been made.
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 ,proved and signed by me
this 16th day of October, 1962.
C 'Y CLERK OF THE CITY OF AHEIM
0 0 T E CI I •I''HEI
STATE OF CALIFORNIA
COUNTY Of ORANGE s s
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No.62R -945 was
introduced and adopted'at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 16th day
of October, 1962.
AYES: COUNCILMEN: Dutton Chandler, Schutte, Krein and Coons.
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No.62R -945 on the
16th day of October, 1962.
IN WITNESS WHEREOF. I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 16th day
of October, 1962.
CITY CLERK OF THE CITY OF ANAHEIM