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ill RESOLUTION NO. <br />9 <br />3 <br />WHEREAS, there has this day been presented to the City <br />4 <br />• Council of the City of Newport Beach, an agreement wherein the <br />5 <br />City of Newport Beach is the party of the first part, and the <br />6 <br />7 Western Union Telegraph Company, a corporation, is the party of, <br />the second part; and <br />8 <br />WHEREAS, it is provided in said agreement that the <br />9 <br />10 party of the first part, for the consideration therein mentioned, <br />11 will grant to the party of the second part, and to its successors <br />and assigns, an easement for a telegraph line consisting of poles, <br />12 <br />wires and /or cables and appurtenances thereof, in their present <br />13 <br />14 location, upon and along property in Orange County, California, <br />15 and more particularly described in the deed in said agreement <br />16 mentioned; and <br />WHEREAS, first party agrees not to use the property <br />17 <br />herein mentioned in such manner as to preclude the maintenance <br />18 <br />and operation of a telegraph line and appurtenances on said <br />19 <br />premises by second party, and in the event said premises are <br />20 <br />required for improvements to the highway located upon a portion <br />21 <br />of said premises, second party agrees to make changes in and /or <br />22 <br />23 relocate said telegraph lines and appurtenances upon receipt of <br />sixty days' written notice from first party, at second party's <br />24 <br />sole cost and expense; and <br />25 <br />WHEREAS, it is deemed by the City Council of the City <br />26 <br />of Newport Beach, that it is for the best interests of said <br />27 <br />city that said easement be granted. <br />28 <br />NOW, THEREFORE, BE IT RESOLVED: That the Mayor of the <br />29 <br />• <br />30 City of Newport Beach, and the City Clerk of said city be, and <br />31 they are hereby authorized and directed to execute said agreement <br />32 <br />ROLAND THOMPSON <br />ATTORNGY AT LAW <br />BANTA ANA. CALIF. <br />