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Resolution No. 721RESOLUTION NO. 721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RATIFYING AND CONFIRMING A CERTAIN AGREEMENT REGARDING DRAINAGE FACILITIES AND DRAINAGE FEES FOR CERTAIN PROPERTIES IN DRAINAGE DISTRICT 3-B WHEREAS, the Agreement evidenced by the Memorandum of Agreement attached hereto as "Exhibit A" was entered into in good faith by N. T. S T. Properties, Inc., and the Southern California District of the Lutheran Church -Missouri Synod, and the City of Cypress, and WHEREAS, such Memorandum of Agreement correctly reflects the agreement of such parties; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress herebyratifies and confirms such Agreement and authorizes the Mayor to sign and the City Clerk to attest such Memorandum of Agreement on behalf of the City of Cypress. PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 12th day of September, 1966. ATTEST: (CE RP4/Le CITY OFTHE"CITY-OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS :dam %J<c MAYOR OF THE CITY CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the said City Council held on the 12th day of September, 1966, by the following vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CITY CLERIC OF THE CITY OF CYPRESS 113 MEMORANDUM OF AGREEMENT WHEREAS, N. T. & T. Properties, Inc., hereinafter referred to as "N. T. & T.", and the Southern California District of the Lutheran Church - Missouri Synod, hereinafter referred to as the "Lutheran Church", entered into an oral agreement with the City of Cypress in the year 1964 providing for the construction and installation of certain drainage facilities in accordance with the Master Plan of Drainage of the City of Cypress by N. T. & T. and the Lutheran Church, in lieu of payment of drainage fees in Drainage District 3-B of the City of Cypress, for the properties owned by such parties and serviced by such drainage facilities, and WHEREAS, this construction was completed at the request of the City with funds for the facilities provided by the two property owners; and WHEREAS, the cost of this construction and installation exceeded the drainage assessment for both properties; and WHEREAS, this agreement has been performed by N. T. & T. and the Lutheran Church by the construction and installation of such facilities at their own expense; and WHEREAS, it is the intention of the City of Cypress also to perform under such agreement, by accepting such facilities in full satisfaction of any obligation of the owners of the properties owned by N. T. & T. and the Lutheran Church for which such drainage facilities were constructed to pay drainage fees in Drainage District 3-B; and WHEREAS, such agreement was an oral agreement; and WHEREAS, it is now the desire of the parties to make a written memorandum of such agreement; NOW, THEREFORE, the parties hereto agree that such agreement was as follows: 1. N. T. & T. and the Lutheran Church agreed to install and pay for the Master Plan of Drainage Facilities, indicated on the attached Exhibit "A", and the described generally as the underground concrete pipe conduits and necessary structures extending from 727 feet west of Denni Street to 660 feet east of Bloomfield Street in Drainage District 3-B, of the City of Cypress. ovenrrTmTnn, un vo, CWTOTT Oen 141, this 2. The construction and installation of these facilities constituted full satisfaction of any obligation to pay drainage fees to the City of Cypress pursuant to its Master Plan of Drainage for those parcels of land described on the attached Exhibits "B" and"C". IN WITNESS WHEREOF, the parties hereto have executed this instrument day of , 1966 RRSOTIITT N Nn 79n RV1TATT "A" N. T. & T. Properties, Inc. By SOUTHERN CALIFORNIA DISTRICT OF THE LUTHERAN CHURCH -MISSOURI SYNOD By THE CITY OF CYPRESS A Municipal Corporation of the State of California By EXHIBIT "A" COST OF ESTIMATED DRAINAGE FACILITIES DRAINAGE DISTRICT 3-B 1. Master Plan of Drainage Facilities Installed by N. T. & T. Properties 495 L. F. 60" C.I.P. Concrete Pipe 19.50 495 L. F. 54" C.I.P. Concrete Pipe 16.85 2 Each Manholes 225.00 2 Each Concrete Collars 75.00 TOTAL CONSTRUCTION COST $9,652.50 8,340.75 450.00 150.00 $18,593.25 Drainage Assessment 14.320 Acres at $950.00 $13,604.00 2. Master Plan of Drainage Facilities Installed by Holy Cross Lutheran Church 264 L. F. 54" C.I.P. Concrete Pipe 16.85 1 Each Manhole 225.00 TOTAL CONSTRUCTION COST Drainage Assessment 3.819 Acres at $950.00 $ 4,448.40 225.00 $ 4,673.40 $ 3 628.05 115 1 if EXHIBIT "B" The East 990 feet of the West 1650 feet of the south half of the south half of the northwest quarter in Section 20, Township 4 South, Range 11 West, in the Rancho Los Alamitos, partly in the City of Cypress and partly in the City of Los Alamitos, County of Orange, State of California, as per map filed in Decree of Partition in the Superior Court of Los Angeles County, California, Case No. 13527, a certified Copy of the final decree of said case having been recorded February 2, 1891, in book 14 on page 31 of Deeds of said Orange County. EXHIBIT "C" The East 264 feet of the West 1914 feet of the south half of the south half of the northwest quarter in Section 20, Township 4 South, Range 11 West, in the Rancho Los Alamitos, partly in the City of Cypress and partly in the City of Los Alamitos, as per map filed in Decree of Partition in the Superior Court of Los Angeles County, California, Case No. 13527, a certified copy of the final decree of said case having been recorded February 2, 1891 in book 14, page 31 of Deeds of said Orange County.