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64-764RESOLUTION NO. 64R- 764 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT APPROVED IN RESO- LUTION NO. 64R -711 AND ACCEPTING A GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY IN FEE FOR MUNICIPAL PURPOSES AND CERTAIN REAL PROPERTY FOR EASEMENTS FOR MUNI- CIPAL PURPOSES. WHEREAS, the City Council of the City of Anaheim has authorized the execution of an Agreement by and between Louis E. Nohl and Margaret E. Nohl, known as GRANTORS, and the City of Anaheim, which Agreement will enable the City of Anaheim to develop properties for the construction of a reservoir, appurte- nant facilities, water transmission lines, and access and service roads; and WHEREAS, the City Council does find and determine that it is in the interests of all parties to said Agreement that Paragraph 18 be amended to authorize the City of Anaheim to im- prove and maintain a certain area known as Walnut Creek both for the protection of GRANTORS' property and for the acceptance of seepage and discharge which will flow from the dam and reservoir facilities; and WHEREAS, GRANTORS have executed a Grant Deed conveying to the City of Anaheim certain real property in fee and certain real property in easements according to the provisions of the referred to Agreement; and WHEREAS, the City Council of the City of Anaheim finds that it is for the benefit and best interests of the City of Anaheim to accept said Grant Deed and purchase such real prop- erty referred to in said Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Paragraph 18 of the Agreement by and between Louis E. Nohl and Margaret E. Nohl, as GRANTORS,and. the City of Anaheim, as GRANTEE, be, and the same is hereby, amended to read as follows: "l8. GRANTEE shall improve and maintain the area of Walnut Creek for the protection of GRANTORS' property and to accept therein seepage and discharge from the dam in accordance with plans to be approved by all parties to this Agreement. GRANTORS agree that GRANTEE shall have reasonable rights of access for ingress and egress as may be necessary for the maintenance of said area of Walnut Creek. Such improve- ment and reconstruction of Walnut Creek shall be completed within three years following the construction of the reser- voir." BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the proposed amendment of said Agreement in the manner and form as herewith set forth be, and the same is hereby, approved and that the Mayor and the City Clerk be, and they are hereby, authorized to accept and execute said Agreement as amended by and on behalf of the City of Anaheim. -1- BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the said Grant Deed conveying real property in fee and real property in easement, free and clear of all en- cumbrances, except as approved by the City of Anaheim, be and the same is hereby, accepted by the City Council of the City of Anaheim. BE IT FURTHER RESOLVED that the City Auditor of the City of Anaheim be, and he is hereby, authorized to pay to GRANTORS of said real property, the sum of $700,873.00. THE FOREGOING RESOLUTION is approved and signed by me this 20th day of October 1964. ATTEST: DENE M. WILLIAMS, CITY CLERK c G�C Yi1 r� 1 r Deputy ITY 0 CI Y CLiRK OF THE STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ANAHEIM (SEAL) -2- MAYOR OF THE CITY OF ANAHEIM A H IM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 64R -764 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 October, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, 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 -764 on the 20th day of October, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of October, 1964. DENE M. WILLIAMS, CITY CLERK Deputy CITY CLERK OF THE CITY OF ANAHEIM