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64-903RESOLUTION NO., 64R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LUSK CORPORATION PROVIDING FOR THE CONVEYANCE OF CERTAIN REAL PROPERTY TO THE CITY, AND FOR THE IMPROVEMENT THEREOF FOR A DRAINAGEWAY. -1- Proj. Engr. Acctg. Off. R/W WHEREAS, the City of Anaheim owns, operates and maintains a water reservoir, known as the "Olive Hills Reser- voir"; and WHEREAS, the drainageway from said reservoir is unimproved; and WHEREAS, said reservoir has been drained and the drainageway then inspected and such inspection reveals that the drainageway should be improved so as to prevent damage to that property which abuts said drainageway; and WHEREAS, the drainageway should be fenced so as to prevent debris from being placed in the drainageway and to prevent people from entering said drainageway; and WHEREAS, the property which abuts said drainageway is presently being developed; and WHEREAS, Lusk Corporation is the owner of the property which constitutes the drainageway; and WHEREAS, Lusk Corporation has offered to sell to the City the property hereinafter described and to improve said property for a drainageway; and WHEREAS, the City Council finds that it would be to the advantage and in the best interest of the City to accept said offer and purchase said property; and WHEREAS, the City and said Lusk Corporation desire to enter into an agreement providing for the improvement of said drainageway and specifying the terms and consideration for said conveyance. 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 of Anaheim and Lusk Corporation providing as follows: 1. That Lusk Corporation shall agree to sell to the City all that certain real property in the City of Orange, County of Orange, State of California, described as follows: Commencing in the southwesterly boundary of Tract 4690, as shown on a map thereof, recorded in Book 204, pages 36, 37, 38 of Miscellaneous Maps in the office of the Subject to the following two easements: (a) An easement to the Four Corners Pipeline Company as recorded in Book 4089, page 349 in the Office of the Recorder of said Orange County. (b) An easement to the City of Orange as shown on map of Tract 4690 recorded in Book 204, pages 36, 37 and 38 of Miscellaneous Maps in the Office of said County of Orange. 2. That Lusk Corporation shall agree to construct and install upon the property herein above described to be sold to the City an improved drainageway. 3. That Lusk Corporation shall agree to construct said improved drainageway in accordance with plans and specifications approved by the City Engineer and the Utilities Director of the City of Anaheim. 4. That as consideration for the above described conveyance, the City shall agree to pay to Lusk Corporation 50.61 per cent of the cost of improving said drainageway; provided, however, that the City shall in no event pay an amount which exceeds Twenty -five Thousand Dollars ($25,000.00). 5. That Lusk Corporation shall agree that upon completion of construction, it will submit full, true and correct copies of documents, certificates and itemized bills to the City. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute such agreement with Lusk Corporation for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of December, 1964. 1. ATTEST: DENE M. WILLIAMS, CITY CLERK By t--� eputy CITY CLERK OF THE CITY OF ANAHEIM Recorder of the County of Orange, at the south- easterly terminus of the course therein shown as North 56 29' 54" West 131.13 feet; thence South 4 19' 35" West 76.00 feet; thence North 85 40' 25" East 604.53 feet; thence North 82 38' 41" East 391.07 feet; thence North 77 54' 37" East 165.80 feet; thence South 89 19' 57" East 271.56 feet; thence North 28 11' 03" East 126.68 feet; thence North 12 21' 25" West 21.81 feet; thence South 83 43' 24 West 234.05 feet; thence South 80 18' 25" West 698.36 feet; thence South 82 37' 52" West 483.62 feet; thence North 76 11' 18" West 87.06 feet; to the true point of beginning. -2- MAYOR 0F THE C f TY OP ANAHEIM 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 Nc. 64R- 903 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held bn the 8th day of December, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Pebiey, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: ,None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R -903 on the 8th day of December, 1964. IN WITNESS WHEREOF, I. have hereunto set my hand and affixed the official seal of the City of Anaheim, this 8th day of December, 1964. (SEAL) DENS M. WILLIAMS CITY CLERK OF THE CITY OF ANAHEIM By 6 )f Deputy City Clerk