1974-145RESOLUTION NO. 74R- 145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING THE TERMS AND CONDITIONS
OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM
AND THE ANAHEIM EUCALYPTUS WATER COMPANY
WHEREBY THE CITY WILL QUIT -CLAIM AN INTEREST
IN CERTAIN PARCELS OF LAND, AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT.
WHEREAS, the Anaheim Eucalyptus Water Company has
represented to the City of Anaheim that:
a). On February 26, 1912, a Grant Deed was executed
by the ANAHEIM LAND SYNDICATE conveying to the
Eucalyptus Water Company, among other things,
all rights of way, with right to reasonable and
necessary ingress and egress thereto, for the
purpose of laying and maintaining pipelines to
conduct and distribute water for domestic and
irrigation purposes, along the exterior boundary
lines of all lots in the Golden State Tract,
(except the portion thereof contained in the
Eucalyptus Forest Tract) and all lots in the
Eucalyptus Forest Tract. Said rights of way not
to exceed ten (10) feet on either side of the
boundary line of the Golden State Tract lots and
not to exceed five (5) feet on either side of the
Eucalyptus Forest Tract lots. Said deed was duly
recorded in Orange County on March 1, 1912, Book
209, Page 391.
b). On June 1, 1972, a Quit Claim Deed was executed
by the Company conveying to the owners of parcels
in the Golden State and Eucalyptus Forest Tract all
of the Company's rights of way and other interests
in said real property. Said Quit Claim Deed was
recorded on June 6, 1972, Book 10157, Page 819.
c). Said 1972 Quit Claim Deed was executed by
officers of the Company under the mistaken belief
that the rights of way and other interests to be con-
veyed thereby were limited to the Company's rights,
title and interest in only two (2) lots located in
Block 8 of the Golden State Tract owned by one
JOHN HARVEY, III.
d). On October 18, 1972, the Company filed a civil
action in the Orange County Superior Court, entitled
"ANAHEIM EUCALYPTUS WATER COMPANY, a California Cor-
poration, Plaintiff v. JOHN HARVEY III, and DOES I
through 2000, and All Other Persons Unknown, Claim-
ing any Right, Title, Estate, Lien or Interest in
the Real Property Described in the Complaint as
Exhibit "B" Adverse to Plaintiff's Ownership, or any
Cloud Upon Plaintiff's Title Thereto, Defendants
said action being No. 196802. By said action, the
Company seeks to (1) rescind the 1972 Quit Claim
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Deed or (2) reform said Deed to reflect the true
intentions of the parties, and (3) quiet the
Company's title to the rights of way and other
interests it owned pursuant to the 1912 Grant Deed.
e). On October 18, 1972, the Company filed a Notice
of Pendency of Action (Lis Pendens) in Orange County.
f The Company and the City desire to reach an
agreement settling the legal effect of the 1972
Quit Claim Deed and the Company's right to continue
to maintain water pipelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the terms and conditions of an agree-
ment by and between the City of Anaheim and the Anaheim
Eucalyptus Water Company, whereby the City Quit Claims an
interest in certain parcels of land, be, and the same are hereby
approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized to execute said agreement by and on
behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by
me this 2nd day of April 1974.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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OR OF THE CITY OF AN IM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, ALONA M. FARRENS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 74R -145 was
passed and adopted at a regular meeting of the City Council held
on the 2nd day of April 1974 by the following
vote of the members thereof:
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 2nd day of
April 19 74
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 2nd day of
April 19 74
(SEAL)
AXES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom
and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
71,
CITY CLERK OF THE CITY OF ANAHEIM
I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
74R -145 duly passed and adopted by the Anaheim City Council on
April 2, 1974.
City Clerk