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1960-6427RESOLUTION NO. 6427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF A RIGHT OF WAY AGREEMENT WITH THE ORANGE COUNTY WATER DISTRICT, WITH REFERENCE TO AN EASEMENT FOR A 36 -INCH WATER TRANSMISSION LINE. Finance Engineering Dir Pub Util WHEREAS, the City of Anaheim is desirous of purchasing the hereinafter described property for municipal purposes, to wit: An easement for the installation and maintenance of a 36- inch water transmission line; and WHEREAS, Orange County Water District, owner of said property, has offered to grant to the City of Anaheim an ease- ment over, under and across said property for the installation and maintenance of said pipeline, and has submitted to the City of Anaheim a Right of Way Agreement to be made and entered into by and between the City and said Orange County Water District, the performance of said agreement to constitute the entire con- sideration for said easement; and WHEREAS, the City Council finds that the terms and con- ditions set forth in said Right of Way Agreement are fair and reasonable and that it would be for the best interest of the City to enter into said agreement with the Orange County Water District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Right of Way Agreement this day submitted to the City Council by the Orange County Water District to be entered into by the City and said District the terms and conditions of which are hereinafter set forth, and the perform- ance of which shall constitute the entire consideration for the granting to the City of Anaheim of an easement for the installa- tion and maintenance of a 36 -inch water transmission line over, under and across the following described property situated in the County of Orange, State of California: An easement for a Water Transmission Main over, under and across a strip of land 30.00 feet in width, lying 15.00 feet on each side of the following described line: Beginning in the line common to Lots 5 and 6 of the J. D. Taylor Tract, as shown on a map thereof recorded in Book 5, Page 16 of Miscellaneous Maps in the office of the Recorder of Orange County, California, at a point distant thereon N 16° 12' 18" W 649.60 feet from the intersection of the Southerly extension of said common line with the centerline of Glen Avenue as shown on said Tract Map, said common line being at this point in the centerline of Jefferson Street and running thence N 21 12' 51" W 822.59 feet to the beginning of a tangent curve, concave easterly and having a radius of 25 feet; thence northerly and easterly along said curve 41.44 feet through a central angle of 94 58' 23" to the beginning of a tangent line; thence N 73° 45' 32" E along said tangent line 141.97 feet, more or less, to the beginning of a tangent curve concave northwesterly and having a radius of 22 feet, said curve being tangent at its Northwesterly terminus to a line parallel with and distant north- easterly 10 feet, measured at right angles, from the Northeasterly line of Riverside Freeway, State High- way VII- ORA -175B as shown on State of California, Department of Public Works, Division of Highways right of way map dated November, 1952; thence easterly and northerly on said curve 46.40 feet through a central angle of 120° 50' 32" to said point of tangency; thence N 47 °05' 00" W 98.24 feet, more or less, along said parallel line to the Northwesterly line of said Santa Ana River Channel. Excepting, that portion within Lot 5 of said J. D. Taylor Tract and that portion within said Riverside Freeway right of way (142 feet wide) be and the same is hereby approved. That the terms and conditions of said agreement are as follows: 1. That the location of said pipeline be as shown on Drawing No. D748, sheet 4 4, dated April 20, 1960 attached to said agreement, and that the depth of the pipeline installed, shall not be less than that shown on said drawing. 2. That the line will be revised or relocated at the City's expense should the Board of Directors of Orange County Water District determine that future Orange County Water District activity, Orange County Road Department activity, or Orange County Flood Control District activity, or the activity of any other governmental agency (City, County or State), so require. 3. That Orange County Water District shall at all times hereafter have the right to continue its present program of construction and excavation pursuant to the purposes of the Orange County Water District, and shall have the continued right to excavate the area of said pipeline and across said pipeline. Orange County Water Dis- trict shall not be liable for any damage to City's pipeline or installation incurred in such con- struction or excavation or by the flow of water over, under, across or through the easement granted. 4. That the City will acquire all permits for the construction and installation of said pipeline that may be required from interested governmental agencies. S. That any and all conditions of any permit heretofore or to be hereafter issued by the Orange County Flood Control District, or other interested governmental agencies, shall be in- corporated into said agreement and shall be complied with in the installation of said pipeline. 6. That the City shall at all times indemnify and save Orange County Water District harmless from and against any and all claims, demands, actions or causes of action arising or growing out of any loss or damage to property, or injury to or death of persons, or livestock, resulting in any manner from the construction, maintenance, use, state of repair or presence of said pipeline, installation, and any costs, including attorneys fees incurred by reason of any such claim. 7. At such time as the City shall cease to use said pipeline for a period of two years then and in that event said agreement shall terminate and the City shall abandon in place or in the City's option, remove said pipeline. Said two year period shall be extended by any strike, lock -out, war, act of God or other cause beyond the City's control which may prevent the City's use of said pipeline. 8. That the City shall pay said Orange County Water District the sum of One Hundred Dollars (100.00) for cost of processing said agreement. 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. AND BE IT FURTHER RESOLVED that the City Auditor be, and he is hereby, authorized to pay to the Orange County Water District the sum of $100.00 for cost of processing said agreement. THE FOREGOING RESOLUTION is approved and signed by me this 1st day of November, 1960. ATTEST: MAYOR/ OF THE CITY OF ANA Pro Tem STATE OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, DENE,_M. WILLIAMS, City Clerk of _the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 1st day of November, 19 60, by the following vote of the members thereof. AYES: COUNCILMEN: Chandler, Coons, Fry Thompson NOES: COUNCILMEN: None ABSENT: Schutte Pro Tem AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 1st day of November 19 60 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of November, 19 60 (S CITY CLERK OF THE CITY OF ANAHEIM