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1951-1895RESOLUTION NO. 1895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE Al:iv'NDKENT Or PARAGRAPH 22 OF THAT CERTAIN SALE AND PURCHASE AGREE- MENT DATED FEBRUARY 28, 1951, BETWEEN THE CITIES OF ANAHEIM, ''ULLERTOI, ORANGE AND SANTA Ai'TA AND THE BUENA PARTK, GARDEN GROVE LA HABRA AND PLACENTIA SANITARY DISTRICTS AS SELLERS AND COUNTY SANITATION DISTRICTS ONE, TWO, THREE, FIVE, SIX, SEVEN :a ND ELEVEN AS BUYERS, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO =CUTE THE AGREE MENT HERETO ATTACHED SETTING FORTH SAID A3 iENDM NT WHEREAS, heretofore, to -wit, on the 28th day of February, 1951, an agreement of sale and purchase was made and entered into by and between the Cities of Anaheim, Fullerton, Orange and Santa Ana and the Buena Park, Garden Grove, La Habra and Placen- tia Sanitary Districts as sellers and County Sanitation Districts One, Two, Three, Five, Six, Seven and Eleven of Orange County as buyers, for the sale of a portion of the Orange County Joint Outfall Sewer System commonly known and designated as Section 1 thereof, and for the construction of certain new and additional facilities, and WHEREAS, said County Sanitation Districts have requested said Cities and Sanitary Districts to enter into an agreement amending Section 22 of said sale and purchase agreement for the purpose of enabling County Sanitation District Number Three to annex that portion of the Hidway City Sanitary District now lying outside of the present boundaries of said County Sanitation Dis- trict Number Three and more particularly described in the agr.e ment hereto attached, and !HERIAS, the City Council of the City of Anaheim finds and determines that it would be to the aft- tage and for the benefit and best interests of saic Cities Sanitary Districts to enter into the agreement hereto attacc amending said section of said agreement of sale and purchase dated February 28, 1951, to the extent and in the manner as seL -1- forth in the attached agreement. i ?OAT, TH.EREFORT, B. IT RESOLVED by the City Council of the City of Anaheim that the amendment of Sec- tion 22 of that certain agreement of sale and purchase made and entered into on the 28th day of February, 1951, by and between said Cities and Sanitary Districts as sellers and said County Sanitation Districts as buyers, as set forth in the agreement hereto attached and in the manner and to the extent herein set forth be, and the same is hereby, approved. AITD BE IT FURTHEF. RESOLVED that the MayorpRe Tzand the City Clerk be, and they are hereby, authorized to execute an' agreement in the form hereto attached for and on behalf of said City of Anaheim T.2 FORKTOIIM RESOLUTION is approved and sicned by me this _,_,jam day of 19.14. ATTEST: g-zd/ City Clerk of the City of Anaheim :2 4 -4-4.4. M yorPmoof he City of Anaheim STATE OF CALTOFaIA COUNTY OF ORANGE as CITY OF A*K a.MIr AMIN T, ammo 1. swim City Clerk of the City of do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of AMON held on the 11* clay offtomeer 1951_ by the following vote of the members thereof: AYES: COUTCILLEIT: view, Sorbs sal Tau 1tarr. NOES: COU TCILMxI: Ikao. A SLITT COUNCILMEN: Psar`san aaa *paw. AND I FURTHER CERTIFY that the ayor the City of signed and approved said Resolution on the Mk day of Mbar 199.. IN WITNESS '..TEREO.�y I have hereunto set my hand and affixed the seal of the City of 00112X this 1 day of r THIS AGREEMENT entered into this day of 1951, by and between four cities hereinafter named, each being duly organized and existing under the laws of the State of California, and of the class designated after its name; four sanitary districts, each being organized and existing under the laws of the State of California; said cities and sanitary districts being for the purposes of this agreement called NSELLERSU: and seven county sanitation districts, named as hereinafter set forth, each of which is duly organized and existing under and by virtue of the laws of the State of California, and hereinafter for the purposes of this agree— ment called "BUYERS all of which cities and districts being situated in the County of Orange, State of California, and named as follows: CITY OF SANTA ANA (5th Class) CITY OF ANAHEIM (6th Class) CITY OF FULLERTON (6th Class) CITY OF ORANGE (6th Class) BUENA PARK SANI— TARY DISTRICT GARDEN GROVE SANI- TARY DISTRICT, LA HABRA SANITARY DISTRICT PLACENTIA SANITARY DISTRICT and COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO. 3 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO. 6 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY COUNTY SANITATION DISTRICT NC. 11 OF ORANGE COUNTY A G R E E M N T SELLERS. BUYERS. 1 RECITALS WHEREAS, the Sellers and each of them are the same parties who are named as Sellers and the Buyers and each of them are the same parties who are named as Buyers in that certain Agreement between the Sellers and Buyers dated February 28, 1951, and entitled "AGREEMENT OF SALE AND PURCHASE:" and WHEREAS, at the date of execution of said Agreement of February 28, 1951, all of the "territory within the MIDWAY CITY SANITARY DISTRICT, save and except the parcels of real property hereinafter designated as Area No. 1" and "Area No. 2 was within and a part of Sanitation District No. 3 of'Orange County, one of the parties hereto; and. WHEREAS, at the time of execution of said Agreement of February 28, 1951, said territory "Area No, 1" and "Area No. 2" was, and is now, within and a part of MIDWAY CITY SANITARY DISTRICT, but is not now, and never has been within or a part of Sanitation District No. 3 of Orange County, or in any other Sanitation District in Orange County, California; and WHEREAS, proceedings are now pending before the Board of Supervisors of Orange County, California, for the annexation of said territory, "Area No. 1" and "Area No. 2" to Sanitation District No. 3, of Orange County; and WII T NE S S ET H: WHEREAS, it is for the best interests of MIDWAYY CITY SANI- TARY DISTRICT, and all of the parties hereto., that the entire territory within said MIDWAY CITY SANITARY DISTRICT, as of February 28, 1951, including said territory "Area No. 1" and "Area No. 2 be within and a part of said Sanitary District No. 3 of Orange County, and entitled to all the benefits, and subject to all the burdens of the said above mentioned Agreement of February 28: 1951; 2 WHEREAS, said annexation proceedings cannot be completed until Paragraph 22, entitled "TERRITORY TO BE mono of said Agreement of February 28, 1351, entitled "AGREEkENT OF SALE AND PURCHASE" has been amended so as to permit the annexation of said territory to Sanitary District No. 3 of Orange County. NOW, THEREFORE, in consideration of the foregoing, the parties hereto do hereby covenant, promise and agree as follows: (1) That paragraph 22, entitled "TERRITORY TO BE SERVED" of said Agreement of Sale and Purchase dated February 28, 1951, between the parties hereto be and the same hereby is amended so as to read as follows: "22 TERRITORY TO BE SERVED. "It is understood and agreed that the territory of said County Sanitation Districts is not to be enlarged, nor shall any territory outside their boundaries be permitted to drain into said Section One or into the enlarged facilities provided by said County Sanita- tion Districts, unless additional treatment and disposal facilities are provided adequate to fully care for all of the sewage arising within the present boundaries of Buyers and Sellers and also to care for all of the sewage anticipated from the area or areas proposed to be added to one or more of such sanitation districts and from any such outside area which is to be permitted to drain into said Section One or said enr» larged facilities; PROVIDED, HOWEVER, that noth- ing in the foregoing paragraph shall in any way pre- vent, restrict or prohibit the annexation to County Sanitation District No. 3 of Orange Ceilikt7 Clifornia, of the territory hereinafter des.- cribed as "Area No. 1" and "Area No. 2 Which *aid territory so annexed, shall, for all purposes of this said Purchase and Sale Agreement, be treated as though it were a part of Sanitation District No. 3, at the time of execution of said Purchase and Sale Agree- ment of February 28, 1951. "The territory hereinabeve mentioned as "Area No. 1" and "Area No, 2" is situated in the County of Orange, State of California, and is hereinafter described as follows "AREA NO. 1s "Bering at a point of intersection o; the swath line of Tract No. 409, with the center line. of Springdale Street, thence southerly along the center line of Springdale Street to the southeast corner of northeast quarter (NE 114) of the north east quarter (NE 1/4) of Section 9, T5S, R11W. SBBB&IM, thence westerly along the south lino of the northeast quarter (NB 114) of the northeast quarter (NE 114) of said section 9, to the southwest corner of Tract No. 6611 thence northerly along the west line of Tract No, 661 to a point of intersection with the northwesterly line of Rancho Las Solves, thence northeasterly along the northwesterly line of Rancho Las Poises to a point of intersection with the west line of Deed 1805 -33, thence northerly along the West line of Deed 1805-33 to the north line of said Deed 1805-33, thence easterly along the north line of Deed 1805-33 to to a point ,of intersection with the northwesterly line of Rancho Las Boleas, thence northeasterly along the northwesterly .line of Rancho Las Bolaas to a point of intersection with the center line of Springdale Street,. thence- southerly along the center line of Springdale Street to the point of beginning. "AREA NO. 2. Beginning at a point of intersection of the south line of the north half (N 1/2) of Section 10, T5S, R11W, SBB&M and the center line of Edwards Street, thence southerly to the north boundary line of the S.P.R.R. right -of —way, thence westerly along the north boundary line of the S.P.R,R, right —of —way to an intersection with the southerly prolongation of the centerline of Cedar Street, thence northerly along the southerly prolongation of the center line of Cedar Street to the south line of the north half (N 1/2) of Section 10, T5S, R11W, SBB&M, thence easterly along said south line of the north half (N 1/2) of said Section 10, to the point of beginning. "No sanitation district is authorized to dis— charge into said Section One or any part thereof any sewage in excess of the capacity therein allotted to such district by this contract. "No sanitation district shall have the right to discharge sewage into said Section One prior to the time that possession is delivered the sanitation districts in accordance with the provisions of paragraph 15 hereof„" (2) It is further understood and agreed that nothing herein contained shall be construed to constitute a waiver of any of the rights of the sellers under said paragraph 22 of the Agreement of Sale and Purchase dated February 28, 1951, nor a waiver of the right to insist upon strict compliance therewith in the future, except as to the amendment herein agreed upon. IN WITNESS WHEREOF, each of the parties hereto has caused this contract to be executed by its duly authorized officers the day and year first above written. 5 STATL or CALi On IA COUNTY OF own as CITY OF I,_ SA ES OR,IFFITH City Clerk of the City of Anaheim do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Anaheim held on •uhe 11th day of December 1951 by the following vote of the members thereon:: AYES: COUi1CILi''i Wieser, Heying, and 4an Wagoner. HOES: COUNCIL :Ti!: stone► COUNCILMEN: Pearson and Boney. Ai;D FURTHER CERTIFY that the Mayor so lo of the City of Anaheim signed and approved said Resolution on the 11th day of December 196 IN WITNESS WHEREOF, I have hereunto set my hand and aff i':ed the seal of the City of Anaheim December ,19 this uth clay of CITY CLERK OF THE CITY Or ANAHEIM