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1967-130RESOLUTION NO. 67R- 130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AM NDLE'NT TO THAT CERTAIN AGREEMENT ENTERED INTO ON OCTOBER 20, 1964 BETWEEN THE CITY OF ANAHEIM AND LOUIS E. NOHL AND MARGARET E. NOHL; AND RESCINDING RESOLUTION NO. 67R -102. WHEREAS, the City of Anaheim and Louis E. Nohl and Margaret E. Nohl have heretofore, on October 20, 1964, entered into an agreement whereby the said Nohls deeded land to the City for the purpose of constructing a water reservoir and perimeter and access roads; and WHEREAS, said reservoir is being constructed by excava- tions from the reservoir site; and WHEREAS, the City has depleted excavation materials on the reservoir site; and WHEREAS, there are borrow sites adjacent to the perime- ter road surrounding the reservoir which can be used to obtain material for construction of the reservoir; and WHEREAS, it would be in the best interests of both parties concerned toward the ultimate development of their prop- erties if the above mentioned borrow sites were used for the obtaining of material for construction of the reservoir; and WHEREAS, the parties have provided in said agreement of October 20, 1964, for the removal of borrow material from the property of said Nohls; and WHEREAS, the parties desire to amend the agreement here- tofore entered into on October 20, 1964, with reference to the borrow areas on the Nohls' property, the location, excavation, and grading thereof, and with reference to the granting of title, use and widening of the perimeter road extending across the top of the dam and surrounding the reservoir; and WHEREAS, a form of agreement to be made and entered into between the parties, providing for the amendment of said agreement in the particulars above mentioned, has this day been submitted to the City Council, which agreement the City Council finds would be in the 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 Amendment to Agreement this day sub- mitted to the City Council to be made and entered into between the City of Anaheim and Louis E. Nohl and Margaret E. Nohl, amend- ing that certain agreement entered into between the parties on October 20, 1964 as hereinafter set forth, be, and the same is hereby approved. That said Amendment to Agreement provides as follows: 1. Paragraph 11 of that agreement entered into on the 20th day of October, 1964, by and between the parties shall be amended to provide as follows: "GRANTORS agree to convey to GRANTEE permits to remove from GRANTORS' property sand, gravel and siltstone materials as may be necessary in the construction of the dam and roadways. GRANTORS further agree to permit GRANTEE to excavate and use the from borrow areas which are more particularly shown on Exhibits '3' and 'C,' Boyle Engineering Drawings No. F 1056A, which are attached hereto and made a part hereof and incorporated herein as though set forth fully hereat. GRANTEE agrees that it will use the borrow material from the area shown in Exhibit 'u' before it uses the borrow material from the areas shown in Exhibit 'C.' It is further agreed that GRANTORS and GRANTEE will select the areas shown on :exhibit 'C' from which borrow material will be taken. "Tile parties hereto agree that all grading on the borrow area identified in Exhibit shall be done in conformance to Exhibit '13'; PROVIDED, hOWEVER, that areas 'A,' "E' and 'C' on Exhibit '3' may be graded independently one from the other. "GRANTORS shall permit GRANTEE ingress and egress for the removal of said borrow materials referred to herein. GRANTEE agrees to plant and restore all areas of GRANTORS' property which shall be affected by the removal of said borrow materials. It is expressly understood and agreed by and between the parties hereto that GRANTEE will not make any monetary payment for removal of the borrow materials referred to herein. "GRANTEE agrees to require its contractor for con- struction of the Walnut Canyon Reservoir to use the same dust control methods in excavating the borrow materials referred to herein, as said contractor is now using in construction of said reservoir. GRANTEEE agrees to construct fences at the location shown on Exhibit 'I3' in order to prevent GRANTORS' cattle from entering onto the borrow area shown in said Exhibit 'R.'" 2. Paragraph 25 of that agreement entered into on the 20th day of October, 1964, by and between the parties shall be amended to provide as follows: "GRANTORS shall have the right to use the perimeter road extending across the top of the dam and surrounding the reservoir in order to reach adjoining areas and in order to serve homes when development takes place. It is also understood by and between the parties hereto that said road will be twenty-two (22) feet in width and is also contemplated for use as a service road for the reservoir. It is further agreed by and between the parties that neither of them has any obligation to widen said road; PROVIDED, HOWEVER, that GRANTORS will widen said road as necessary and essential at such locations as GRANTORS' development has primary access onto said road. The parties hereto contemplate that GRANTORS will provide other major access roads at such time as development takes place, and that said perimeter road will not serve as a major or collector road for the development of the area." -2-- 3. Paragraph 31 of that agreement entered into on the 20th day of October, 1964, by and between the parties shall be amended to provide as follows: "GRANTORS shall have the right to dedicate for public road purposes and GRANTEE shall accept such dedication of any or all easements herein referred to including the peri- meter road easement, easements of access, and water trans- mission line easements. GRANTORS shall also have the right to grant the fee in said perimeter road to GRANTEE and GRANTEE shall accept such grant." 4. That certain agreement entered into between the parties on the 20th day of October, 1964, shall remain in full force and effect except to the extent that the provisions of the amendment are inconsistent therewith. BE IT FURTHER ER 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 as of February 21, 1967. BE IT FURTHER aEsoLvED that Resolution No. 67R-102 be, and the same is hereby 'rescinded. THE FOREGOICG RESOLUTION is approved and signed by me this 7th day of March, 1967. ATTEST: C T_ CLERK OF THE CITY O ANAH MAYOR OF T CITY OF 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. 67R -130 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 March, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Chandler, and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 67R -130 on the 7th day of March, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of March, 1967. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 67R -130 duly passed and adopted by the Anaheim City Council on March 7, 1967. )7t. City Clerk