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64-864RESOLUTION NO. 64R -864 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN SHELL OIL COMPANY AND THE METROPOLITAN WATER DISTRICT, THE ORANGE COUNTY MUNICIPAL WATER DISTRICT, THE COASTAL MUNICIPAL WATER DISTRICT,THE CITY OF SANTA ANA AND THE CITY OF ANAHEIM WITH REFERENCE TO THE GRANT OF AN EASEMENT FOR A WATER PIPELINE. -1- Engr. Dir.Pub.Utilit: WHEREAS, The Metropolitan Water District and the Orange County Municipal Water District, Coastal Municipal Water District, the City of Santa Ana and the City of Anaheim entered into an agreement, pursuant to Article 1, Chapter 5, Division 7, Title 1, of the Government Code of the State of California, providing for the acquisition, construction and operation of a water delivery line from the new Diemer Water Treatment Plant of Metropolitan to the vicinity of Corona Del Mar Reservoir, to be known as "East Orange County Feeder No. 2," which water delivery line is hereafter referred to as the "feeder." Under said agreement, Metropolitan is to acquire the necessary right of way, construct and operate the feeder with the parties sharing the cost; and WHEREAS, Metropolitan has commenced an action in eminent domain to acquire a permanent easement for the feeder through property of Shell, located immediately south of the new Diemer Plant, which easement is hereinafter referred to as "Feeder Easement." Shell is willing to grant Feeder Easement to Metropolitan upon the terms set forth in the agreement; and WHEREAS, in the above mentioned action Metropolitan also seeks to acquire a temporary easement over an additional portion of Shell s property adjoining the area to be covered by the above- mentioned Feeder Easement for use during the con- struction of the feeder, which additional land is hereinafter referred to as "Temporary Easement Area and WHEREAS, following the commencement of the above mentioned action, Metropolitan constructed the feeder through the property of Shell, with Shell's consent, in a location selected by Shell and used the Temporary Easement Area during the course of such construction. As consideration for the sum to be paid Shell under the provisions of Paragraph 16 of the agreement herein mentioned, Shell is willing to release Metro- politan and its pipeline construction contractors from any liability arising out of the use of the Temporary Easement during the construction of the feeder; and WHEREAS, in the near future, Metropolitan will also need to install sewer and brine lines across the property of Shell located immediately south of the new Diemer Plant. The cost of such installation, including an easement and right of way therefor, will be borne by Metropolitan alone. Shell is willing to grant the easement to Metropolitan upon the terms set forth in the agreement referred to by this resolution. The area to be covered by such easement will lie wholly within the area to be covered by the above-mentioned Feeder Easement and a pipeline easement previously granted to Metropolitan by Shell; and WHEREAS, Shell is currently engaged in a steam flood project in the vicinity of the feeder and the proposed sewer and brine lines, and, in the future, may wish to use such method to recover oil from the subsurface of lands adjacent to, or traversed by, the feeder and sewer and brine lines; and WHEREAS, an investigation by Metropolitan reveals only a possibility of loss or damage to the water pipeline from the steam flood operations of Shell; and WHEREAS, the City Council finds that it would be for the benefit and best interest of the City to accept said grant of easement upon the terms and conditions set forth in said agreement and that said agreement should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement tendered to the City of Anaheim by Shell Oil Company be made and entered into by and between the Shell Oil Company and The Metropolitan Water District, the Orange County Municipal Water District, the Coastal Municipal Water District, the City of Santa Ana and the City of Anaheim, subject to the terms, covenants and conditions therein contained, be and the same is hereby approved and accepted. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to sign said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 24th day of November, 1964. ATTEST: s CLERK OF THE CITY OF 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 No. 64R -864 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 24th day of November, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte and Chandler NOES: COUNCILMEN None ABSENT: COUNCILMEN: Krein AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R -864_ on the 24th day of November, 1964. IN WITNESS WHEREOF, .1 have iereunto set my hand and affixed the official seal of the City of Anaheim, this 24th day of November, 1964. (SEAL) CI .Y CLERK OF THE CITY OF ANAHEIM