Loading...
1965-551WHEREAS, the City of Anaheim has purchased part of the Dyke Water Company water distribution system; and WHEREAS, part of the water distribution system which was purchased is located in the Cities of Orange and Garden Grove; and WHEREAS, the City of Orange desires to purchase that portion of the above referred to water distribution system which is located in the City of Orange, together with a portion loca- ted in the City of Garden Grove; and WHEREAS, the public interest, economy and general welfare will be served by the City of Anaheim selling to the City of Orange that portion of said water distribution system which is located in the City of Orange, together with a portion located in the City of Garden Grove; and WHEREAS, the Cities of Anaheim and Orange desire to enter into an agreement for the purchase and sale of those portions of said water distribution system above referred to; and WHEREAS, a form of agreement, a copy of which is at- tached hereto and made a part hereof, has this day been submitted to the City Council to be made and entered into between the City of Anaheim and the City of Orange, providing for the purchase and sale of said portions of said water distribution system upon the terms and conditions and for the amount therein set forth, which agreement the City Council finds would be in the public interest and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement this day submitted to the City Council, a copy of which is attached hereto and made a part hereof, providing for the sale by the City of Anaheim and the purchase by the City of Orange of that portion of the hereinabove referred to water distribution system which is located in the City of Orange, together with a portion located in the City of Garden Grove, upon the terms and conditions and for the amount set forth in said agreement, be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 27th day of July ATTEST: RESOLUTION NO. 65R -551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE PUR- CHASE AND SALE OF PORTIONS OF THE DYKE WATER COMPANY DISTRIBUTION SYSTEM LOCATED IN THE CITIES OF ORANGE AND GARDEN GROVE. C ITT CLERK OF THE CITY OF ANAHEIM 1965. I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM, DO HLRLbY CERTIFY THAT THE FOREGOING IS THE ORIGIN- AL OF RESOLUTION NO. 5 DULY PASSED AND ADOPTED BY THE ANAHEIM CITY COUNCIL ON CITY CLERK 'ITC( F M ,IIG •uu (S EAL) I■• 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 -551 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 27th day of July, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler and Krein AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said Resolution No. 65R -551 on the 27th day of July, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of July, 1965. CIT CLERK OF THE CITY OF ANAHEIM 1 3' 4 5 6 i 7 8 10 11 12 13 301! 31k 32 THIS AGREEMENT made and entered into this day of 1965, by and between the CITY OF ANAHEIM a municipal corporation, hereinafter referred to as "ANAHEIM, A N D AGREEMENT THE CITY OF ORANGE, a municipal corporation, herein- after referred to as "ORANGE," W I T N E S S F; T H: WHEREAS, Anaheim has purchased part of the Dyke Water ompany water distribution system; and WHEREAS, part of the water distribution system which was 14 purchased is located in the Cities of Orange and Garden Grove; and 15 WHEREAS, the public interest, economy and general welfare 16 will be served Anaheim selling to the City of Orange that porter► I' 17 of the above referred to water distribution system which is located W in the City of Orange, together with a portion located in the C;ty 19 of Garden Grove. 20' HOW, THEREFORE, IN CONSIDERATION OF THE 1kd.rTUA1, COVENANTS 21L MERE—, 1 AND SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, TH 22 2 3 24 agreement is hounded on the west by Haster Street; on he north 25 by Simmons Avenue; on the east by Meyer Street; and on the south 26 by Chapman Avenue. There are 236 services in the stove described 27 area located in Orange and six. (6) services in Garden Grove. The PARTIES HERETO AGREE AS FOLLOWS: 1. The water distribution system referred ¶o in this, 28 water distribution system includes as assets the foll 29: ed items: (a) The following described real property: PARCEL 1: That certain portion of Lots 6 and 7 of the Orangewood ing descrl b- 32 8 ,i 9 10 14 15 16 19 20 17 18 1 2 3 4 5 6 7 21 22 25 1 26 fl 27 28 29 30 31 23 241 Tract as shown on a map recorded in Book 7, page 42 of Miscellaneous Maps, in the Office of the Recorder, County of Orange, State of California, described as follows: Beginning at the northeast corner of said above mentioned Lot 7, said northeast corner being on the center line of Simms Avenue and distant from the northwest corner of the southwest quarter of the southwest quarter of Section 26, Township 4 South, Range 10 West, San Bernardino Meridian, said northwest corner being also the intersection of the center lines of Master Street and Simmons Avenue South 88" 42' 05" East 1320.64 feet; thence along the northerly line of said Lot 7, North 88' 42' 05" West 2.54 feet; thence loaring said northerly line of Lot 7, South 01' 17' 55" West 85.00 feet; thence South 88' 42' 05" East 29.61 feet to a point in Lot 6 of said Orangewood Tract; thence North 01' 17' 55" East 85.00 feet to a point in the north erly line of said Lot 6 said point also being in the center line of Simons venue; thence North 88' 42' 95" West 27.07 feet to the point of beginning. EXCEPT from that portion of said land included within Lot 6 all oil, gas, minerals and hydrocarbon substances lying below a depth of 500 feet from the surface of said land, but without the right of entry upon any portion of the surface of said land for the purpose of exploring for, boring, extracting, drilling, mining, prospecting for, removing or marketing said substances. ALSO EXCEPT from that portion of said land included within Lot 7 all oil, gas, minerals and hydrocarbon substances lying below a depth of 500 feet from the surface of said land, but without the right of entry upon any portion of the surface of said land forthe purpose of exploring for, boring extracting, drilling, mining, prospecting for, removing or marketing said substances, as reserved in the deed from Julius Milbrat, Sr., and wife, recorded February 18, 1955 in Book 2965, page 439, Official Records. SUBJECT TO: An easement for pipe lines or water conduits of Orangewood Water Company as conveyed by deed recorded February 3, 1930 in Book 348, page 15 of Official Records. PAI, 2: All that certain land situated in the Sanitary District, County of Orange, described as follows, to wit: The South 60 feet of the West 25 feet of Lot 7 of the Orangewood Tract, as recorded in Book 7, page 42 of Miscel records of Orange County, California, as follows: -2- Garden Grove State of California, of that portion shown on a Map laneous Maps, described Beginning at a point on the center line of Simmons Street as shown on said map, distance thereon Easterly 976.00 feet from the center line of Hester and Simmons i 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231 24i 25 26 27 261 29 1. The reservation of the use and control of cienegas and natural streams of water, if any, naturally upon, flowing across, into or by said tract, and the right of way for and to construct irrigation or drainage 8 ditches through said tract to irrigate or drain the adjacent land, as reserved in the deed from Stearns Rancho, recorded February 27, 1896 in Book 87, page 338 of Deed of Orange County. 2. An easement for pipe line disclosed by various deeds of record and described as running south on or between Lots 7 and 8 of the Orangewood Tract above described from the Orangewood Water Company's pu ping plant located at the northeast corner of said Lot 8, among the deeds of record are those recorded June 1, 1955 in Book 3087, page 258, Official Records. 3. An easement over the west 6 feet of said land for an electric line, crossarms and wires and incidental es as conveyed to Southern California idiom y by �deed recorded April 20, 1955 in Book 3037, page 122 Official Records. 4. The condition contained in the deed from Julius Milbrat, Sr, and Olga Milbrat, husband and wife, and Louise Milbrat, a single woman, to Dyke Water Count a corporation recorded June 22, 1955 in bok 3112, page 275, Official Records, as follows: "This deed is executed upon the express condition that the property herein conveyed shall be used exclusively for a water well or water wells and in the event the Grantee, or its successors, shall fail to keep and maintain one or more water wells on said property for more than six (6) months continuously, the said =heir herein conveyed shall revert to the Grantor, r hairs and assigns. SO Streets; thence Southerly parallel to said Raster Street 240 feet; thence Easterly, parallel to said Simmons Street, 100.00 feet; theme l�orbberly, parallel to said Easter Street, 240.00 feet to the center line of said Simmons Street; thence Westerly along said center line 100.00 feet to the point of beginning. SUBACT TO: (b) Two wells located on the real property described in Paragraph 1(a). (c) All structures, improvements and pumping equip- ment located on the well sites described in Paragraph 1(a). (d) All distribution mains located in the area described in Paragraph 1. (e) 230 three quarter inch and 6 one -inch galvan- ized services. 19 20 2 24 32 �1 1 (f) 4 three- quarter inch and 6 one -inch meters and 2 meter installations. 31 (g) 11 Jones 4 -inch Barrel fire hydrants and 4 8 Iowa 6 -inch Barrel fire hydrants. 5 (h) All water rights pertaining to the wells 6 described in Paragraphs 1(a) and 1(b) of this agreement which 7 are owned by Anaheim. 8 (i) All easements for right of way to the well 9 sites described in Paragraphs 1(a) and 1(b). 10 2. Anaheim agrees to sell said water distribution 11 system to Orange and Orange agrees to Y g g purchase said water distri- 12 bution system from Anaheim. 13 3. Orange agrees to pay the sum of Seventy-two Thousand 14 Four Hundred Ninety -seven and 87/100 Dollars ($72,497 87i for the 15 Two Hundred and Thirty -six (236) services located in Orange and if Two Thousand Six Hundred Fifty -four and 87/100 Dollars ($2,654.87) 17 for the six (6) services Located in Garden Grove. 18 4. Orange shall collect for and remit to Anaheim, without charge, all bills and accounts due Anaheim at tr.- rte Orange takes possession of the said water distribwton "'t t. D 21 Anaheim shall remain liable for all customers' deposits with 22 and customers' advances to Anaheim. 5. Anaheim shall continue to operate: said water distribution system and receive all proceeds from and pay all 25 expenses of maintenance and operation with respect thereto to 26. the day of the transfer of possession of the said water distri- 27 bution system. Orange shall operate said water distribution 28 1 system aad receive all proceeds from and s Y p pay all expenses o� 29 maintenance and operation with respect thereto on and after the 30 day of transfer of possession. 31 IN WITNESS WHEREOF, the parties hereto have executed 10 31 32 1 this agreement es of the day end year hereinabore first written. 2 CITY Or ANAHEIM 4 '1 By 6 Mayor 6 7 Attest; 8 City Cleric 9 11 1* CITY OF ORANGE 13 14 15 16 17'1 Attest: 18 19 20, 21 till 23 24 25 27 28 X9 Mayor City Clerk tom"