66-795RESOLUTION NO. 66R -795
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING AND AUTHORIZING THE EXE-
CUTION OF AN AGREEMENT WITH HERMAN L. LENZ
AND MURIEL LENZ, WITH REFERENCE TO THE SETTLE-
MENT OF SUPERIOR COURT CASES NO. 143270 AND
NO. 115904.
WHEREAS, Herman L. Lenz and Muriel Lenz are the owners
of certain land in the City of Anaheim, lying northerly and
southerly of Wagner Avenue at its intersection with State College
Boulevard; and
WHEREAS, both the City of Anaheim and said Lenzes feel
that it is in the best interest that Wagner Avenue and State
College Boulevard be improved so as to provide safer access to
pedestrian and vehicular traffic going to and from Katella High
School, which is located on the south side of Wagner Avenue just
east of the property of said Lenzes; and
WHEREAS, said Lenzes have obtained a judgment against
the City in the Superior Court of Orange County, State of Cali-
fornia, for damages in the sum of Fifteen I-Iundred Dollars
($1,500.00) and an injunction to prevent the City from allowing
surface waters to flow off Wagner Avenue onto said Lenzes'
property and said judgment has become final; and
WHEREAS, said Lenzes have filed a subsequent action
against the City in the Superior Court of Orange County, State
of California, for damages and an injunction; and
WHEREAS, the parties desire to settle the litigation
which is now pending between them and to improve traffic access
on Wagner Avenue and State College Boulevard; and
WHEREAS, an agreement has this day been submitted to
the City Council to be made and entered into between the parties,
which agreement the City Council finds would be for the benefit
and 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 agreement this day submitted to the
City Council to be made and entered into by and between the City
and Herman L. Lenz and Muriel Lenz, providing for the settlement
of litigation which is now pending between the parties and for
improvement of traffic access on Wagner Avenue and State College
Boulevard upon the terms and conditions hereinafter set forth,
be, and the same is hereby approved. Said terms and conditions
are as follows:
1. Herman L. Lenz and Muriel Lenz shall convey to
the City an easement deed for road and public
utility purposes, which shall extend over,
under and across those certain parcels of land
described in said agreement.
2. The City shall grade and improve the property
described in said agreement for a roadway. Such
improvement shall include the installation of
asphalt paving, concrete curbs and gutters, and
asphalt sidewalk and an asphalt berm in conformity
with the plans attached to said agreement, marked
EXHIBIT "A."
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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 20th day of December, 1966.
ATTEST:
3. The City shall pay said Lenzes Three Thousand
Eight Hundred Thirty Four Dollars and Fifty Cents
($3,834.50) for replacement of irrigation lines
located in the parcels of land described in said
agreement. The City shall also, at its own cost
and expense, extend the pipeline, which crosses
Wagner Avenue, through the right of way obtained
by City pursuant to said agreement.
4. The City shall pay to said Lenzes for damages
to the orchards resulting from the construction
activities on the property described in Parcel
No. 2 of said agreement the sum of Ten Thousand
Six Hundred Dollars ($10,600.00).
5. The City shall pay to said Lenzes Three Hundred
Twenty Seven Dollars ($327.00) for professional
engineering services obtained by said Lenzes
to settle the controversy which has arisen between
the parties to this agreement.
6. The trees located on Parcels Nos. 1 and 3 of the
property described in said agreement shall be
donated by said Lenzes to the City so that the
public roadways may be improved on State College
Boulevard and Wagner Avenue.
7. The City shall provide fill dirt to the said
Lenzes, at such times as fill dirt may be available
from public works projects of the City, provided,
however, that such fill dirt can be provided at no
expense to the City. It shall be understood and
agreed by and between the parties that City will
not provide in excess of 1,000 cubic yards of fill
dirt to the said Lenzes.
8. The City and the said Lenzes shall enter into a
Stipulation to be filed in the Superior Court of
Orange County in Case No. 115904 that the terms
of the injunction rendered therein are satisfied
by construction of the improvements referred to in
said agreement. Said Lenzes shall further agree
to dismiss with prejudice the Complaint in Case
No. 143270 filed in the Orange County Superior
Court against the City.
9. The City shall perform all work, specified by said
agreement to be performed by it, as expeditiously as
possible.
Y OF ANAHI IM
MAYOR OF THE CITY ANAHEIM
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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. 66R -795 was
introduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the 20th day of
December, 1966, 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. 66R -795 on the 20th day
of December, 1966.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 20th day
of December, 1966.
CI 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. 66R -795 duly passed and adopted by the Anaheim City Council on
December 20, 1966.
City Clerk