Loading...
1965-885RESOLUTION NO. 65R- 885 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; AND RESCIND- ING RESOLUTION NO. 65R -584. 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; 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 construc- ted 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. pro- viding 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 347.93 feet of the Northerly 914.97 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, 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. BE IT FURTHER RESOLVED that Resolution No. 65R-584 be, and the same is hereby rescinded. THE FOREGOING RESOLUTION is approved and signed by me this 30th day of November 1965. ATTEST: 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 Dollars ($4,000.00)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 No. 1, provided that said design and construction are as approved by the California Drive -In Theatres, Inc., and as drawn by the Engineering Division of the Public Works Department of the City of Anaheim, and dated November 2, 1965. This plan may not be changed or modified in any way unless the change or modifica- tion is approved by the California Drive In Theatres, Inc. CLERK OF TH C IT OF AN HE IM MAYOR OF THE ITY OF H I -2- STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 65R -885 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 30th day of November, 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 approied and signed said Resolution No. 65R -885 on the 30th day of November, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of November, 1965. CIT 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. 65R -885 duly passed and adopted by the Anaheim City Council on November 30, 1965. CITY CLERK