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1962-0262RESOLUTION NO. 62R -262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A GRANT FROM SOUTHERN PACIFIC COMPANY OF THE RIGHT TO CONSTRUCT, RECONSTRUCT, MAINTAIN AND USE A STREET OR HIGHWAY UPON AND ACROSS PROPERTY OF THE GRANTOR, AND AUTHORIZING THE EXECUTION OF AN INDENTURE COVERING THE CONSTRUCTION, USE AND MAINTENANCE OF SAID STREET OR HIGHWAY. WHEREAS, the Southern Pacific Company, a corporation of the State of Delaware, has tendered to the City of Anaheim an Indenture granting to the City of Anaheim the right to construct, reconstruct, maintain and use a street or highway upon and across the following described real property: All those certain pieces or parcels of land situate in the City of Anaheim, County of Orange, State of California, lying within the South Half of Section 23, Township 4 South, Range 10 West, S.B.B. M. in the Rancho San Juan Cajon de Santa Ana, as shown on map recorded in Book 51, page 10 of Miscellaneous Maps in the Office of the Recorder of said County, bounded and described as follows: PARCEL 1: The easterly 45 feet of the Southwest Quarter (S.W. 1/4) of said Section 23, bounded northerly by a line parallel and concentric with and distant northerly 25 feet, measured radially and at right angles from the center line of the Southern Pacific Company's Tustin Branch main track, as now constructed; bounded southerly by the northerly line of that certain parcel of land des- cribed in deed to City of Anaheim recorded July 28, 1961, in Book 5799, Page 835 of Deeds, in the Office of the Recorder of said County. Containing an area 0.162 acre, more or less. PARCEL 2: The westerly 45.00 feet of the Southeast Quarter (S.E. 1/4) of said Section 23, lying within that certain strip of land 50 feet in width described in deed to Pacific Improvement Company recorded June 28, 1888, in Book 461, Page 21 of Deeds in the office of the Recorder of Los Angeles County, State of California. Containing an area of 0.05 acre, more or less. The above described parcels of land are shown outlined in yellow on the print of said Railroad Company's Los Angeles Division Drawing B -4030, Sheet No. 1, revised November 10, 1961, attached to and made a part of said indenture. -1- Attorney Engr Finance Dir subject to the reservations, covenants and conditions therein contained, numbered 2 to 10, both inclusive, and to the further condition that the City of Anaheim shall reimburse said Rail- road Company for all costs and expenses incurred by said Rail- road Company in connection with the construction of said highway, including, but not limited to any protective devices which may be ordered by the Public Utilities Commission of the State of California, which costs and expenses are estimated to be the sum of $8,470.00; and WHEREAS, said grantor has tendered to the City said above mentioned Indenture to be executed by the Southern Pacific Company and the City of Anaheim, which Indenture the City Council finds would be for the benefit and best interest of the City of Anaheim and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the street or highway Indenture above mentioned tendered to the City by Southern Pacific Company, a corporation of the--State of Delaware, granting to the City the right to construct, reconstruct,rmaintain' and use a street or highway upon and across the real property hereinabove mentioned and described subject to the reservations, covenants and conditions therein contained, numbered 2 to 10, both inclusive, to the further condition that the City of Anaheim shall reimburse said Railroad Company for all costs and expenses incurred by said Railroad Company in connection with the construction of said highway, including, but not limited to any protective devices which may be ordered by the Public Utilities Commission of the State of California, which costs and expenses are estimated to be the sum of $8,470.00, be, and the same is hereby approved and accepted. BE IT FURTHER RESOLVED that the Director of Finance be and she is hereby authorized and directed to reimburse said Railroad Company for the amount of said costs and ex- penses incurred by said Railroad Company in connection with the construction of said highway. BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized to execute said Indenture for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 20th day of March, 1962. ATTEST: 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 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 March, 1962, by the following ;vote of the members thereof: AYES: COUNCILMEN: Chandler, Coons, Fry and Thompson. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Schutte. AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said resolution on the 20th day March,. 1962. IN WITNESS WHEREOF, I. have hereunto set my hand and -affixed the official seal: of the City of Anaheim this 20th of March (SE AL) CITY CLERK-OF THE CITY OF ANAHEIM