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1955-2702RESOLUTION NO. 2702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING TO THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY AN EASE- MENT OVER CERTAIN REAL PROPERTY FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF AERIAL AND UNDERGROUND TELEPHONE, TELEGRAPH AND COMMUNICATION STRUCTURES. WHEREAS, The Pacific Telephone and Telegraph Company has requested authority for a right of entry over, under and upon the hereinafter described real property for the construc- tion, maintenance and operation of aerial and underground telephone, telegraph and communication structures; and WHEREAS, the City Council finds that the granting of such right of entry and easement over, under and upon the hereinafter described property for the construction, mainte- nance and operation of aerial and underground telephone, telegraph and communication structures will not interfere with any other contemplated public use of said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that there be, and there is hereby, granted to The Pacific Telephone and Telegraph Company, a corporation, its successors and assigns, an easement to construct, place, operate, inspect, maintain, repair, replace and remove such aerial and underground telephone, telegraph and communication structures as The Pacific Telephone and Telegraph Company, its successors and assigns, may from time to time require, consisting of poles, anchors, wires, cables, conduits, manholes, markers, and necessary fixtures and ap- purtenances, over, under, and upon that certain real property in the City of Anaheim, County of Orange, State of California, described as follows: The northerly fifty feet of the following described property: That portion of Lot 39 of Anaheim Extension, the City of Anaheim, as shown on a map thereof made by Wm. Hamel and filed for record in the Office of the County Recorder of Los Angeles County, California, described as follows: Beginning at the northeasterly corner of said Lot 39; thence southerly along the easterly line thereof 175.7 feet; thence westerly parallel with the southerly line of said lot, 1184.3 feet to the westerly line thereof; thence northerly along said westerly line 500.42 feet to the north line of said lot, and thence east along said north line 1225.8 feet to the point of beginning. EXCEPTING THEREFROM the easterly two hundred fifty (250) feet (the westerly line of which is parallel with the westerly line of Citron Street). AND BE IT FURTHER RESOLVED that the City of Anaheim covenants for itself, its successors and assigns not to place or maintain any building or structure on said easement. -1- BE IT FURTHER RESOLVED that The Pacific Telephone and Telegraph Company, its successors and assigns, shall have the right to trim such trees and other foliage and to cut such roots on said property as may be necessary for the protection of said structures, and to enter upon said property at all times for the purpose of exercising the rights granted in said easement; and said Pacific Telephone and Telegraph Company, its successors and assigns, shall be liable to the City for any damage which may occur to the above described property by reason of negligence on the part of said Company in the exercise of the easements granted. BE IT FU'THER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized to execute a Grant of Easement to carry out the purposes of this resolution and to complete the granting of said easement to The Pacific Telephone and Telegraph Company. THE FOREGOING RESOLUTION is signed and approved by me this 5th day of April 1955. ATTEST: (SEAL) CITY CLERK OF THE C I TY OF ANAHEIM. STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM. I, DENE M. WITJ,IAMS, 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 5th day of April 1955, by the follow- ing vote: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wieser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 5th day of April 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of April 1955. -2- CITY CLERK OF THE CITY OF ANAHEIM