HomeMy WebLinkAboutC-2988 - Well Site Easement & Option to Purchase, Tamura School•
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, California 92658-8915
Space above this line for Recorder's use only
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WELL SITE EASEMENT AGREEMENT & OPTION TO PURCHASE
This Easement Agreement and Option to Purchase (the "Agreement") between the
Fountain Valley School District ("District") and the City of Newport Beach ("City) is made
this 14 th day of April ,1994, in light of the following:
RECITALS
1. City has plans for a groundwater development project to construct water wells in the
Fountain Valley area and transport water to its service area; and,
2. District is the owner of the Tamura School property in the City of Fountain Valley. A
portion of the school property is suitable for a water well site; and,
3. District is willing to grant an easement to the City, as well as an option to purchase
under certain circumstances, that would allow of the construction and use for a portion
of the Tamura School property as a water well site.
EXECUTORY AGREEMENTS
The parties do agree as follows:
1.1 Grant of Easement District grants to City an easement over that portion of the
Tamura School property shown on Exhibit "A" and generally described as a parcel 60 feet
wide and 125 feet long located on the easterly boundary of the school; and a strip of land 20
feet in width along the southerly boundary of the school and along the southerly portion of
the westerly school boundary for pipeline, ingress and egress purposes.
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1.2 Purpose of Easement The City is entitled to use the easement for the following
purposes: (a) to drill and install two (2) water wells together with related equipment,
piping and facilities necessary to transport the water produced to City's transmission lines;
(b) to maintain water purification facilities, equipment and material; (c) to maintain
electrical facilities and other equipment ancillary to the water wells; (d) to construct a
building to house, and mitigate noise generated by, the water wells, electrical equipment,
and related facilities; (e) to construct access roads, curb cuts and other improvements
necessary to service the wells, purification equipment, electrical equipment and related
facilities; (f) to engage in any activity necessary or incidental to the drilling or redrilling of
the water wells, maintenance of the structure or related equipment, or the storage of
material necessary to pump or purify the water.
1.3 Restrictions City shall comply with the following restrictions of the rights granted
by the agreement: (a) the building to be constructed to house the water wells will not
exceed 18 feet in height, 40 feet in width, or 110 feet in length; (b) the building shall be
constructed so that the exterior appearance is consistent, with and similar to, other
buildings on the Tamura School site; (c) City shall insulate the structure housing the water
wells of otherwise mitigate noise such that the improvements authorized by this easement
do not significantly increase ambient noise levels on adjacent private property; (d) City
shall at all times be responsible for maintaining the exterior appearance of all above ground
water well facilities in a neat and orderly appearing condition. (e) City will not separate
the above ground well facilities from the adjacent School facilities with a wall or fence.
1.4 Term of Easement The initial term of this agreement shall be ten (10) years,
commencing from the date of execution by the District. City shall have the option to extend
the term of this agreement for eight (8) consecutive ten (10) year periods, followed by one
(1) nine (9) year period. City shall be considered to have exercised this option to renew
unless the City or any successor notifies the District in writing, of its intention not to
exercise the option to extend the term within sixty (60) days prior to the expiration of the
initial term or any successor, and the City has removed all equipment, improvements and
facilities from the easement area prior to expiration of the then current term.
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1.5 Termination of Easement The Agreement may be terminated under the
following conditions:
A. By City. City may terminate this easement upon determination that
continued groundwater pumping from the extraction well site is no longer feasible due to
contamination of the underground water or the inability to produce a sufficient quantity of
water to make pumping economical given the cost of production, the cost of transmission, the
cost of alternative sources of water. City shall give the District at least one (1) year's written
notice of its intention to terminate this agreement and the notice shall specify the date of
termination. City's obligation to make payments shall continue until the City has restored the
easement area to its original condition by removing all improvements and abandoning the
well in accordance with all Federal, State and other regulatory requirements.
B. By District. In consideration of the cost of improvements and
installation of the extraction well, District agrees not to terminate this agreement within the
first ten years without the City's written consent. In the event City exercises its option to
renew this agreement, District may thereafter terminate the agreement upon declaration that
the Tamura school property is surplus and upon District's full compliance with all
requirements of the California Education Code. District shall give the City one year's written
notice of its intent to terminate this agreement. If District terminates this agreement and City
does not exercise the option described in Section 1.6, then City shall restore the easement area
to its original condition by removing all improvements and abandoning the well in
accordance with all Federal, State and other regulatory requirements.
1.6 Option to Purchase The City shall have the exclusive option to purchase fee title
to the easement area if District exercises its right to terminate agreement pursuant to Section
1.5 (B) and has fully complied with all Califomia Education Code requirements. The City
shall exercise this option to purchase by giving District written notice of its intent to purchase
the easement area within ninety (90) days after District serves written notice of its intent to
terminate the agreement. Each party shall, promptly after City gives notice of its intent to
purchase the easement area, commission an appraisal of the easement area from an MAI
(Member of the American Institute) appraiser. The MAI appraiser shall be instructed to
value the property based upon the proposed use of the Tamura School property. After
completion of the appraisals, City and District shall negotiate the purchase price based upon
the two appraisals. If City and District can not agree on a negotiated price, then a third MIA
appraiser shall be obtained. The purchase price shall then be the District's negotiated asking
price or the value set forth in the third appraisal, whichever amount is the lowest. City and
District shall share equally in the cost of obtaining the third appraisal.
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1.7 Consideration The annual consideration for this grant easement shall be
$20,000.00 per fiscal year (July 1-June 30). The annual consideration shall be due and paid
in advance of the fiscal year for which the payment is due and in no event later than on or
before June 30. City shall pay District a prorata share of this annual consideration upon
execution of this agreement. Beginning of July 1, 1999, the annual consideration shall be
increased or decreased to reflect the change in the all Urban Consumers Price Index for the
Los Angeles -Anaheim -Riverside area published by the Department of Labor, between the
execution date of this agreement (the base for this index at the time of this agreement is
assumed to be 149.8) and March 30, 1999. The annual consideration due on June 30, 2000,
and each subsequent year thereafter, shall reflect the increase or decrease in the CPI for the
preceding 12 month period (from April 1 to March 30).
1.8 Permits City shall obtain all permits required to construct the wells in the
easement area. district as the land owner will sign all permit applications as required by
the local agencies issuing the permits.
1.9 Architectural Approval City shall submit all plans for buildings, landscaping
and any other above ground improvements to District for architectural approval. District
shall review all plans submitted and within 30 days indicate in writing whether or not the
plans are approved. District approval shall be based on safety and architectural
compatibility with adjacent facilities. District's approval shall not be unreasonably
withheld.
2.0 Maintenance and Use of Unoccupied Easement Area District shall be
entitled to continue using the unoccupied portions of the easement area except when these
areas are being used by the City for construction or maintenance of the well facilities. In
consideration of District's use of the unoccupied portion of the easement premises, District
agrees to maintain this unoccupied area. After use of the unoccupied area by the City for
construction or maintenance, City shall restore any disturbed portions of the area.
2.1 Utility Costs All utility costs and other expenses related to the easement area
shall be borne by the City.
2.2 Notices Except as otherwise provided in this agreement, all notices,
payments, transmittals of documentation and other writings required or permitted to be
delivered or transmitted to any of the parties under this agreement shall be personally
served or deposited in a United States mail depository, first class postage prepaid, and
addressed as follows:
If to District
If to City
Fountain Valley School District
17210 Oak Street
Fountain Valley, California 92708
Attention: Superintendent
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92658-8915
Attention: Utilities Director
or such other address or person as any party may direct to the other in writing. Except
where service is by personal delivery or by registered or certified mail, return receipt
requested, service of any instrument or writing shall be deemed completed forty-eight (48)
hours after deposit in a United States mail depository. Notices served by personal delivery
or by registered or certified mail, return requested, shall be deemed served when delivered
or deposited in the mail.
2.3 Indemnification
A. The City shall indemnify and hold District and its officers, directors,
employees, and representatives harmless from and against any injury to any person, or any
damage to property caused by the negligent performance of this Agreement by City, its
officers, council members, employees, agents, representatives and contractors in connection
with the performance of this Agreement, or the presence of the water wells or related
improvements on the easement area.
B. District shall indemnify and hold the City and its officers, council members,
employees, and representatives harmless from and against any damage to its
improvements caused by the negligent or willful act of any officer, director, employee,
agent, representative or contractor of the District.
2.4 Integration, Construction and Amendment: This Agreement represents the
entire understanding of District and City as to those matters contained herein, and no prior
oral or written understanding shall be of any force or effect with respect to those matters
covered by this Agreement. This Agreement shall be governed by the laws of the State of
California and construed as if drafted by both District and City. This Agreement may not
be modified, altered or amended except in writing signed by District and City.
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2.5 Attorneys Fees If either party is required to initiate litigation to enforce the
terms and conditions of this Agreement or to seek damages by reason of the breach of the
terms and conditions of the Agreement, the prevailing party shall be entitled to recover
reasonable attorneys fees and costs incurred.
2.6 Successors This Agreement, and all of the terms, conditions and provisions
herein, shall inure to the benefit of, and be binding upon, District and City, and their
respective successors and assigns.
2.7 Authorization to enter Agreement District represents that it is authorized by
State law to enter into this Agreement and that this Agreement has been authorized by it's
Board of Trustees.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
written above:
APPROVED AS TO FORM
By: 2
General Couel
Fountain Valley School District
APPROVED AS TO FORM
B
City Attorney
Robert Burnham
ATTEST
B
City Clerk
Wanda Raggio
FOUNTAIN VALLEY SCHOOL DISTRICT
By:
By: /L.A"
President
Secretary
CITY OF NEWPORT BEACH
a Municipal Corporation
By
Clarence Turne
Mayor
7
STATE OF CALIFORNIA
COUNTY OF ORANGE
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appeared
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known to me (or proved
, before me, Irene Butler personally
d� ice.-J ..��� personally
me on the basis ofdsatisfactory evidence)
to be the personfs) whose names) is/arc subscribe4 to the within
instrument and acknowledged to me that hefshejthey--executed the
same in his/her/their authorized capacity] -Res), and that by
hisJher-/-their signature() on the instrument the person(-s-) or the
entity upon behalf of which the person(*) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
OPTIONAL INFORMATION
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MY PUBLIC CALIFORNIAW
ORANGE COUNTY
FT!: COTm. Eapni NOV. 71. 1897
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TITLE OR TYPE OF DOCUMENTtY/ c2eyve ✓,7
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THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by Saw.
it could prevent fraudulent reattachment of this form.
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SIGNABJ
OF NOTARY
OPTIONAL SECTION —
CAPACITY CLAIMED BY SIGNER
Though statute does not require the notary
to fill In the data below, doing so may prove
Invaluable to persons reMng on the document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
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❑ TRUSTEE(S)
, /GUARDIAN/CONSERVATOR
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TITLE OR TYPE OF DOCUMENT Gatti/.,L eft. 6racein. N/
NUMBER OF PAGES '7 DATE OF DOCUMENT to / /� l S/
SIGNER(S) OTHER THAN NAMED ABOVE dP//OC.✓ C• Ti✓/f.e!/iy/
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of er+G- r,,✓ix-•
County of elea/a
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/ DATE' NAME. ME OSOFPCER•E JANEO(�. HOARIPUBUC
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to the within instrument and acknowledged to me
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O) te Tr ORANC CCUINIY -WITNESS my hand and official seal,
My Cc�4 ::// n. Exp.,es Aug. 19, Ira7 f' -
personally appeared
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law.
it could prevent fraudulent reattachment of thls form.
SIGNATURE • NOTARY
OPTIONAL SECTION —
CAPACITY CLAIMED BY SIGNER
Though statute does not require the notary
t0 fill In the data below, doing so may prove
Invaluable to persons relying on the document.
❑ INDIVIDUAL
0 CORPORATE OFFICER(S)
11RE(S)
❑ PARTNER(S) 0 LIMITED
0 GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
❑, .GUARDIAN/CONSERVATOR /._,
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SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIIY(IES)
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OPTIONAL SECTION(�
TITLE OR TYPE OF DOCUMENT tried37b 6/4S r 740
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NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
• •
SANTA SUZANNE STREET
TAK4JRA r L r i\A NTARY SCHOOL
FOUNTAIN \/AL I rY SCHOOL D}STRJCT I
RI
PROPOSED WELL 1
SITE EASEMENT �, 1
APPROXIMATE
WELL BUILDING r
FOOTPRINT r 1
ACCESS AND
1-UTIUTYIEASEMENT
1
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SCALE: I' = 150'
CITY OF NEWPORT BEACH
UTILITIES DEPARTMENT
PROPOSED WELL SITE LEASE
TAMURA ELEMENTARY SCHOOL
FOUNTAIN VALLEY
EXHIBIT "A"
DATE 3/8/94
ORAWN
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SCALE