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1965-611RESOLUTION NO. 65R- 611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AN AMENDMENT TO THAT CERTAIN AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF ANAHEIM AND LOUIS E. NOHL AND MARGARET E. NOHL ON OCTOBER 20, 1964. WHEREAS, an agreement was entered into by and between the City of Anaheim and Louis E. Nohl and Margaret E. Nohl on the 20th day of October, 1964 wherein the said Nohls conveyed to the City of Anaheim certain real property and easements; and WHEREAS, the purposes of said agreement include the construction of a water storage reservoir to serve all parties to said agreement; and WHEREAS, it was intended by the parties thereto that the Grant of Easements referred to in Exhibit "A," attached to said agreement, Parcels Nos. 1, 2, 6 and 7, should include public utility purposes; and WHEREAS, the Grant Deed conveying said easements included public utility purposes; and WHEREAS, the parties to said agreement desire to amend the same to include public utility purposes in the easement uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement made and entered into on the 20th day of October, 1964, between Louis E. Nohl and Margaret E. Nohl and the City of Anaheim, be amended as follows: 1. Paragraph 2 of said agreement shall be amended to provide as follows: "Grantors agree to convey to Grantee an easement 22 feet wide consisting of approximately 3.9 acres for public utility purposes and for use as a perimeter road. The approximate location of said perimeter roadway easement shall be designated as Parcel No. 6 on the map hereto attached marked Exhibit 'A'." 2. Paragraph 4 of said agreement shall be amended as follows: "Grantors agree to convey to Grantee an easement 20 feet wide and consisting of approximately .75 acres for public utility purposes and for use as an access road. The description of said easement shall be designated as Parcel No. 7 on the map hereto attached marked Exhibit 'A'." 3. Paragraph 5 of said agreement shall be amended to provide as follows: "Grantors agree to convey to Grantee a 95 foot easement for public utility purposes and for a -1- ATTEST: right of way for a service road and for the re- alignment of Walnut Creek for drainage purposes. Said easement shall be described as extending from the Santa Ana Canyon Road to the culvert consisting of 4.2 acres and designated as Parcel No. 1 on the map hereto attached marked Exhibit 'A'." 4. Paragraph 6 of said agreement shall be amended to provide as follows: "Grantors agree to convey to Grantee an easement for public utility purposes and for a right of way for a service road which shall be described as extending from the culvert referred to in the previous paragraph to the access road at the base of the reservoir site and which shall consist of approximately 7.2 acres and designated as Par- cel No. 2 on the map hereto attached marked Exhibit 'A'." 5. That said agreement entered into on the 20th day of October, 1964 shall be amended to provide for the addition and inclusion of Paragraph No. 34, said paragraph to provide as follows: "Public utility purposes, as referred to in all easements described above, shall be defined as follows: all utilities owned and operated by Grantee and all utilities serving Grantee as consumer. Grantor shall not permit the installa- tion of additional utilities within the easements described above until approval for such additional installation is obtained from Grantee." 6. That said agreement entered into on the 20th day of October, 1964 shall remain in full force and effect except to the extent that the provisions of said amendment are inconsistent therewith. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized to execute an amendment to said agreement dated October 20, 1964, containing the above mentioned provisions. THE FOREGOING RESOLUTION is approved and signed by me this 10th day of August, 1965. CLERK OF CITY OF ANAHEIM MAYOR OF THE CITY OF AN EIM -2- AL OF RESOLUTION NO. f L _,DULY PASSED AND ADOVT D BY THE ANAHEIM CITY COUNCIL ON I, DENE M. WILLIAMS, CITY CLERK CF THE CITY OF ANAHEI 4, DO HEREBY CER TIFY THAT THE FOREGOING IS THE ORIGIN• 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. 65R -611 was introduced and adopted at a regulaD meeting provided by law, of the City Council of the City of Anaheim, held on the 10th day of August, 1965, by the following vote of Lhe members thereof: AYES: COUNCILMEN: Dutton, Pebley, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMAN: Schutte- AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 65R -611 on the 10th day of August, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official -seal of the City of Anaheim this 10th day of August, 1965. (SEAL) CITY CLERK CIT CLERK OF THE CITY OF ANAHEIM