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63-0642ATTEST: RESOLUTION NO. 63R -642 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE EUCALYPTUS WATER COMPANY RELATING TO RELOCATION OF PIPE LINES AND ACCEPTING QUITCLAIM DEEDS OFFERED BY THE EUCALYPTUS WATER COMPANY. WHEREAS, under date of Anaheim and the Eucalyptus Water ment relating to the exchange of Avenue south of Anaheim Road and Avenue; and WHEREAS, it is in the best interests of the City and the Water Company to eliminate certain provisions of said agree- ment of May 13, 1963, through the elimination of a pressure box and the payment by the City of the cost to the Water Company of its establishing a separate water system north of Anaheim Road; and WHEREAS, an agreement accomplishing the foregoing has been prepared and is attached hereto, marked "Exhibit A and WHEREAS, it is in the best interests of the City to accept two (2) Corporation Quitclaim Deeds dated July 22, 1963, tendered by the Water Company. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby authorize and direct the Mayor and the City Clerk to execute for and on behalf of the City of Anaheim a contract between the City of Anaheim and the Eucalyptus Water Company substantially in the form as set forth in Exhibit "A" attached hereto; and that the Finance Officer be and he is hereby authorized and directed to pay, as part of the considera- tion set forth in said Exhibit "A," to the Eucalyptus Water Company, the sum of $2,121.50. AND BE IT FURTHER RESOLVED that the City of Anaheim accept and it does hereby accept two Corporation Quitclaim Deeds of the Eucalyptus Water Company dated July 22, 1963, in favor of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 30th day of July, 1963. J Engr R/W Acctg. Off. Pub. Utilities May 13, 1963, the City of Company entered into an agree rights of way on Dowling on Anaheim Road west of Dowling MAYO OF TH CITY OF ANAHEIM PRO TEM 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. 63R -642 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 July, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMAN: Coons AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said Resolution No. 63R -642 on the 30th day of July, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 30th day of July, 1963. (SEAL) CI CLERK OF THE CITY OF ANAHEIM 1 2 3 4 7 3 9 RIGHT OF WAY AGREEMENT THIS AGREEMENT, made and entered into this 30th of July, 1963, by and between the CITY OF ANAHEIM, a Municipal Corporation, hereinafter referred to as "CITY," A N D EUCALYPTUS WATER COMPANY, hereinafter referred to as the "WATER COMPANY." 1 TNE S SETH: y 10H WHEREAS, the City desires to widen Anaheim Road and 11 Dowling Avenue; and 12 WHEREAS, under date of May 13, 1963, the parties hereto 13p agreed to an exchange of rights of way on Dowling Avenue south of 14' Anaheim Road and on Anaheim Road west of Dowling; Avenue; and 15 WHEREAS, Water Company has offered to quitclaim its 16 easement alone, the north side of Anaheim hoed east of Dowling I' 17;'I Avenue to Linda Vista Avenue and the City is willing to provide 18 or cause to be provided a separate water system for the Water 19 Company north of Anaheim Road; and 20, WHEREAS, the parties hereto have agreed that Paragraph 2 21 of said agreement of May 13, 1963, will be eliminated and chat the 22 cost to the Water Company to establish a separate water system 23 north of Anaheim Road is the star of $2,121.50; and 24 WHEREAS, in consideration of the quitclaim deeds from 25 the Water Company tc the City and the elimination of the pressure 26 box above referred to, the City is willing to pay said sum of 27 $2 ,121.50 to said V titer Company and the Water Company is willing 28, to assume all costs in connection with said rehabilitation of its 29 water lines north of Anaheim Road. 30 H NOW, THEREFORE, in consideration of the mutual covenants 3i. herein contained the parties hereto agree as follows: 32' 1. That Yaregraaphs 1, 3, 4 and 5 of the agreement between el- 21 22 23 24 25 26 :27 2E3 )9 32 :1 7 i 18 19 20, :I the parties hereto dated May 13, 1 shall )7 iv, in :IFIJJ1 2J and effect. 2. That in lieu of Paragra said agreement (4); Moy 4 1963, it is agreed that the Water Company will eatabilsh izp 5 sepazate water system north of Anahe m Road and klat ve-f,11 pay to the Water Company :_he sum of $2421.5c therefor, 3. The City acknowledges and accepts two (2) Corpovnor. Quitclaim Deeds from the Water Company to the City, each dated 9 July 22, 1963 as a port of the consideration for this agr4amen 1O and the agreement heretofore referred to dated May 13, 1963, 11 IN WITNESS WHEREOF, the parties hereto have exscutel 12i1 this agreement an the day and year hereinabove firrt yritten, 13 J Attest: By CITY OF ANAHEIM, a Municipal Corporation By EUCALYPTUS WATER COMPANY "CITY A cretazy "WATER COMPANY"