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1965-584RESOLUTION NO. 65R -584 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND CALIFORNIA DRIVE -IN THEATRES, INC. WITH REFERENCE TO THE CONSTRUCTION OF A STORM DRAIN. WHEREAS, the California Drive -In Theatres, Inc. is the owner of certain land in the City of Anaheim lying easterly of State College Boulevard and southerly of Orangewood Avenue; and WHEREAS, the City of Anaheim intends to construct a storm drain to provide for drainage of Orangewood Avenue; and WHEREAS, the City may accomplish the drainage of Orange- wood Avenue if the California Drive -In Theatres, Inc. is willing to grant an easement for storm drain purposes through its lands; and WHEREAS, the California Drive -In Theatres, Inc. requires a storm drain to provide for drainage of its lands; and WHEREAS, a storm drain constructed in an easement through the California Drive -In Theatres, Inc. can be constructed of sufficient capacity to meet the required needs of both the City and the California Drive -In Theatres, Inc. WHEREAS, the City and California Drive -In Theatres, Inc. desire to enter into an agreement for the granting of an easement to the City by said California Drive -In Theatres, Inc. for storm drain purposes, and for the construction of said storm drain. 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 and California Drive -In Theatres, Inc. providing as follows: 1. The California Drive -In Theatres, Inc. shall furnish to the City an easement for storm drain purposes over, under and across the southerly ten (10.0) feet of the follow- ing described parcel of land: The Southerly 321.16 feet of the Northerly 888.20 feet of that portion of Lot 2 of Tract No. 71, as shown on a Map recorded in Book 10, page 22 of Miscellaneous Maps, records of Orange County, California described as follows: Beginning at a point in the North line of said Lot 2, 1025.53 feet West of the Northeast corner of said Lot 2, which point is the Northwest corner of the land conveyed to John Knutsen and others by deed recorded March 4, 1927, in Book 21, page 117 of Official Records; thence West along the North line of said Lot 2 and the said line extended to the center line of State College Boulevard, formerly known as Placentia Avenue, as described in the deed to The County of Orange, registered in the office of the Registrar of Titles of Orange County, -1- California, March 11, 1920, Document No. 601; thence South along the center line of said road to a point in the South line of said Lot 2; thence East along the South line of said Lot 2 to a point which is 747 feet West of the Southeast corner of said Lot 2, said point being the Southwest corner of the land conveyed by Jacob E. Schumacher and wife to John Knutsen and others by deed recorded March 4, 1927 in Book 21, page 117 of Official Records; thence in a Northerly direction along the Westerly line of the land so conveyed to John Knutsen and others to the point of beginning. 2. The California Drive -In Theatres, Inc. shall pay to the City Four Thousand ($4000.00) Dollars for its share of the capacity rights in the storm drain upon completion of its construction within the easement and submittal of a bill by the City. 3. The California Drive -In Theatres, Inc. shall not hold the City liable for possible damage attributable to drainage waters because of the design and construction of a storm drain in said easement described in Para- graph (1). 4. The City shall construct a storm drain and provide two (2) inlets for drainage at locations prescribed by the California Drive -In Theatres, Inc., on or before March 1, 1966, Acts of God or strikes excepted. 5. The City agrees that the California Drive -In Theatres, Inc. shall have the right to relocate said storm drain in the future provided the California Drive -In Theatres, Inc. pays for the total cost of relocation and provides a new ten (10) foot easement for the use of the relo- cated storm drain to the City. 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 is approved and signed by me this 3rd day of August, 1965. ATTEST: a�" 7 I Y CLERK OF THE CITY OF ANAHEIM MAYOR OF THE CITY O 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. 65R -584 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 3rd day of August, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said,Resolution No. 65R -584 on the 3rd day of August, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of August, 1965. (SEAL) I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHE!.N, DO HEREBY CERTIFY THAT THE FOREGOING IS THE ORIGIN- AL OF RESOLUTION NO.,.5 i p X DULY PASSED AND ADOPTED BY THE ANAHEIM CITY COUNCIL ON rl r 5 CITY CLERK CITY CLERK OF THE CITY OF ANAHEIM