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HomeMy WebLinkAbout06 - A Street Pump Station LandscapingCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 October 26, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacoh, P.E. 949 - 644 -3311 msinacoh@city.newport-beach.ca.us SUBJECT: ORANGE COUNTY SANITATION DISTRICT COOPERATIVE AGREEMENT FOR LANDSCAPE MAINTENANCE AT THE "A" STREET PUMP STATION RECOMMENDATION: Approve the "A" Street Pump Station Landscaping, Parking, and Easement Agreement with the Orange County Sanitation District (OCSD), in a form approved by the City Attorney. DISCUSSION: OCSD is constructing parking and landscaping improvements as part of the "A" Street Pump Station project on OCSD owned property. The improvements provide public access features necessary for OCSD to obtain a Coastal Development permit from the California Coastal Commission. The City also made reference to these improvements as part of the overall Balboa Village Improvement Program and the Coastal Development Permit. The features improve Coastal Zone public access and parking improvements to the area. The project also provides for a park like setting adjacent to the planned pump station. The attached cooperative agreement commits the City to maintain the landscaping improvements OCSD will construct as part of the project for a minimum twenty (20) year period. The project also provides and maintains short term parking meters in the constructed parking spaces. As part of the agreement, the City will collect the revenue from the meters which will be used to offset the landscape maintenance costs. OCSD has reserved the right to utilize the parking area and landscaping area if required for routine and emergency maintenance. In addition, OCSD will be granting the City new sewer easements through the site for the new and relocated City sewer mains constructed as part of the pump station project. SUBJECT: Orange County Sanitation District Cooperative Agreement for Landscape Maintenance at the A Street Pump Station October 26, 2004 Page 2 To obtain the Coastal Development Permit, OCSD must provide a signed copy of the agreement to the California Coastal Commission. No permit will be issued until this has been done. The agreement has been reviewed and approved by OCSD Legal Counsel and the City Attorney. It is scheduled for OCSD Board consideration and approval at their October 27, 2004 Board meeting. Environmental Review: A Mitigated Negative Declaration prepared and completed by the Orange County Sanitation District was filed with the Clerk Recorder of the County of Orange March, 2003 for the "A" Street Pump Station, OCSD Contract No. 5 -52. Attachment: Agreement Submitted Stephen G. Badum Public Works Director FREE RECORDING REQUESTED BY AND RETURN TO ORANGE COUNTY SANITATION DISTRICT P. O. Box 8127 Fountain Valley, CA 92728 -8127 This document affects Orange County Assessor Parcel No. (Space Above This Line for Recorder's Use) Exempt — California Government Code Section 6103 "A" STREET PUMP STATION LANDSCAPING, PARKING, AND EASEMENT AGREEMENT THIS LANDSCAPING, PARKING, AND EASEMENT AGREEMENT ( "Agreement "), is made and entered into on this day of 2004, by and between: F. ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District, hereinafter referred to as "OCSD"; CITY OF NEWPORT Municipal Corporation, "City "; BEACH, California, a hereinafter referred to as OCSD and City are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties ". RECITALS WHEREAS, OCSD is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, City is a duly organized Municipal Corporation existing pursuant to the laws of the State of California; and o0 WHEREAS, OCSD purchased a parcel of real property and a building within the City ( "OCSD Property"), as more specifically depicted in Attachment "A ", attached hereto and by reference made a part of this Agreement; and WHEREAS, OCSD operates an existing "A" Street Pump Station, which is located in the City and entirely within the right of way; and WHEREAS, OCSD intends to demolish the existing building and construct a new "A" Street Pump Station ( "Pump Station "), in the areas depicted in Attachment `B ", attached hereto and by reference made a part of this Agreement, on OCSD Property to improve the safety of and access to the Pump Station; and WHEREAS, OCSD intends to realign City's existing sewer lines from OCSD's existing "A" Street Pump Station to the Pump Station to continue to allow City to discharge its sewage to OCSD's system; and WHEREAS, OCSD intends to grant to City one (1) sewer line easement to facilitate the realignment of City's sewer lines to the Pump Station; and WHEREAS, OCSD intends to construct and install asphalt on OCSD Property and on City owned property that is adjacent to OCSD Property ( "City Property "), as more specifically depicted in Attachment C, for four (4) metered parking spaces for public use on OCSD Property and one (1) additional metered parking space for public use on City Property; and WHEREAS, City intends to install the meters for the four (4) metered parking spaces on OCSD Property and one (1) metered parking space on City Property; and WHEREAS, OCSD intends to authorize the public to use the four (4) metered parking spaces on OCSD Property; and WHEREAS, City intends to collect and retain for City use the revenue from the four (4) metered parking spaces on OCSD Property; and WHEREAS, City intends to allow the public to use the one (1) metered parking space on City Property, and City intends to collect and retain the revenue generated from the one (1) metered parking space on City Property; and WHEREAS, City intends to maintain in good repair at its sole cost and expense the asphalt and the five (5) metered public parking spaces, including but not limited to the striping and meters; and WHEREAS, OCSD intends to design and install landscaping and certain public amenities including plants, sprinklers, piping, architectural wall, planter box improvements, hardscaped sidewalks, and two (2) park benches, as well as water meters (collectively referred to herein as "Landscaping and Public Amenities "), on OCSD Property and City Property; and Oc -2- WHEREAS, City intends to receive by dedication, maintain in good condition, and replace as needed, at its sole cost and expense, the Landscaping and Public Amenities on OCSD Property and City Property, and to purchase and distribute water needed to maintain and irrigate the Landscaping and Public Amenities. NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: Section 1. Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that such Party is bound by the same. Section 2. Pump Station. OCSD shall demolish the existing building on OCSD Property at its own cost and expense. OCSD shall construct and install, at its own cost and expense, a Pump Station on OCSD Property, as more specifically described in Attachments B and C. OCSD shall realign, at its own cost and expense, City's two (2) sewer lines from the existing "A" Street Pump Station to the Pump Station. City shall waive all permit and other fees for the construction and installation of the Pump Station and the realignment of City's two sewer lines on OCSD Property to the Pump Station. Section 3. Asphalt and Parkin Space paces. A. Construction of Asphalt and Parking Spaces. 1. Construction of Asphalt and Parking Spaces on OCSD Property. OCSD shall construct and install, at its own cost and expense, asphalt on OCSD Property, as described in Attachment E [legal description]. City shall install four (4) short-term parking meters at the four parking spaces depicted in red on Attachment C. OCSD shall construct, at its own cost and expense, the four (4) parking spaces on OCSD Property, in locations as depicted in red on Attachment C. Upon completion, the metered parking spaces shall be made available for public use. City shall provide all necessary signs for use of the parking meters at the site. 2. Construction of Asphalt and Parking Spaces on City Property. OCSD, at its own cost and expense, shall remove the existing concrete and construct and install asphalt necessary for one (1) parking space on City Property, depicted in green in Attachment C. City shall install at its cost and expense a short term parking meter for the one (1) parking space on City Property. B. Authorization to Use. OCSD hereby grants to City permission to enter upon OCSD Property and use the four (4) metered parking spaces depicted in red on Attachment C for public parking purposes. City shall also use the one (1) metered parking space on City property depicted in green on Attachment C for public parking purposes. oc -3- C. Maintenance. City shall maintain in good repair, at its sole cost and expense, all asphalt and the five (5) parking spaces depicted in red and green on Attachment C, including but not limited to striping and parking meters, on OCSD Property and City Property. D. Parking Space Revenue. City shall regularly collect all revenue from the four (4) metered parking spaces on OCSD Property and the metered space on City Property. City shall collect and retain for City use all revenue generated from the five (5) metered parking spaces. E. License for Parking Space Availability, Maintenance and Repair. Grant of Parking Space Licenses OCSD hereby grants to City a parking space license on OCSD Property, in the area described in Attachment E, attached hereto and by reference made a part of this Agreement. OCSD reserves the right to use some or all parking spaces located on OCSD property for periods of less than seven consecutive days in the event that major maintenance activities, such as pump replacement, are required. OCSD also reserves the right to use some or all of the parking spaces located on OCSD property in the event of an emergency. OCSD use of the spaces for these reserved purposes shall be without charge, and City shall not ticket OCSD vehicles parked consistent with this Section. 2. Description of Parking Space License The parking space licenses shall be for the following purposes: a. to install, maintain, service and replace the parking meters and signs in accordance with this Agreement; b. to utilize, maintain and repair the parking spaces for short- term, metered public parking during the duration of this Agreement; C. to maintain in good repair all asphalt and the five (5) parking spaces as depicted in red and green on Attachment C, including but not limited to striping, on OCSD Property and City Property. 3. Duration of Parking Space License The parking space license shall be perpetual unless revoked. The parking space license may be revoked by OCSD upon termination of this Agreement pursuant to Section 15 herein, but the public's use of the metered public parking spaces shall continue for a period of at least twenty (20) years from the date of execution of this Agreement. .o< -4- 4. Purpose of Parkin Space License The purpose of the parking space easement on OCSD Property is to allow the public to use, and the City to install, operate, service and replace the parking space asphalt, striping, signage and parking meters on the metered spaces. Section 4. Landscaping and Public Amenities. A. OCSD shall install, at its own cost and expense, all Landscaping and Public Amenities on OCSD Property and City Property. The Parties agree that City has previously approved the conceptual drawing of OCSD's Landscaping and Public Amenities design. Once OCSD completes installation of the Landscaping, City shall receive by dedication and thereafter maintain and operate in good condition, and replace as necessary, at its own cost and expense, the Landscaping and Public Amenities on OCSD Property and City Property. City shall be responsible for providing payment for all water needed to maintain and irrigate the Landscaping and Public Amenities. B. License for Landscaping and Public Amenities Maintenance. Grant of Landscaping and Public Amenities License OCSD hereby grants to City a Landscaping and Public Amenities Maintenance License on OCSD Property, in the area described in Attachment F [legal description], attached hereto and by reference made a part of this Agreement. City shall maintain and operate in good condition, at its own cost and expense, the Landscaping and Public Amenities on OCSD Property 2. Description and Location of Landscaping and Public Amenities License The Landscaping and Public Amenities Maintenance License shall include the area described in Attachment F [legal description], attached hereto and by reference made a part of this Agreement. The license shall be for the maintenance, operation, and replacement by City of the Landscaping and Public Amenities on OCSD Property. The license also allows the public to use and enjoy the Landscaping and Public Amenities (such as the hardscaped sidewalks and public benches) in the license area. 3. Duration of Landscaping and Public Amenities Maintenance License The Landscaping and Public Amenities Maintenance License shall be perpetual unless revoked. The Landscaping and Public Amenities Maintenance License may be revoked by OCSD upon termination of this Agreement pursuant to Section 15 herein, but the public's use of the Landscaping and Public .oc - 5 - Amenities therein shall continue for a period of at least twenty (20) years from the date of execution of this Agreement. 4. PuMose of Landscaping and Public Amenity License The purpose of the Landscaping and Public Amenities Maintenance License on OCSD Property is to allow the City to maintain, operate and replace all the Landscaping, at its sole cost and expense, after installation of the Landscaping by the OCSD is complete. Section 5. Damage Caused by Parties. OCSD shall be responsible for any damage to the asphalt, parking spaces, parking meters, or Landscaping caused by OCSD when maintaining or repairing the Pump Station. City shall be responsible for all damages to the Pump Station caused by City while maintaining or repairing the asphalt, parking spaces, parking meters, or Landscaping. Section 6. Sewer Line Easement. A. Grant of Sewer Line Easement OCSD hereby GRANTS AND CONVEYS to City a sewer line easement on OCSD Property, as described in Attachment G, attached hereto and by reference made a part of this Agreement. City shall operate, maintain, and repair the City sewer lines at its own cost and expense. B. Character of Sewer Line Easement The sewer line easement granted herein shall be in gross. C. Description and Location of Sewer Line Easement The description of the sewer line easement on OCSD Property is specifically described in Attachment G, and generally depicted as a shaded area in Attachment D. The easement shall be for the City's 12" and 8" VCP pipes, and shall extend from the point where the northern property line intersects Manhole 42 (MH #2) to the point where the City's 8" VCP pipe intersects the southern property line (shown on Attachment D). The easement is 15 feet wide, centered on the bearing of the centerline of the 8 -inch and 12 -inch pipes. The easement extends 7.5 feet on either side of the centerline of the pipes (perpendicular from centerline). The alignment of the 8 -inch and 12 -inch pipes is along the same bearing. The pipes and Manhole # 2 will be City owned and maintained. Manhole #1 will be OCSD owned and maintained. All facilities upstream of the City's pipes are City owned and maintained. -6- D. Duration of Sewer Line Easements Except as set forth in Section 15 herein, the sewer line easement on OCSD Property shall be perpetual. E. PMose of Sewer Line Easements The purpose of the sewer line easement on OCSD Property is to allow OCSD to realign, at its sole cost and expense, City's sewer line to the Pump Station. Section 7. No Rights in Public. Except as expressly provided herein, nothing herein contained shall be deemed to create any rights in the general public, nor be deemed to be a gift or a dedication of any portion of any of OCSD Property to or for the general public or for any public purpose whatsoever, it being the intention of the Parties that this Agreement shall be strictly limited to and for the purposes herein expressed. This Section shall not limit the public's use of the metered parking spaces or the use and enjoyment of the Landscaping and Public Amenities as expressly set forth above. Section 8. Assignment of Rights. The benefits and burdens of this Agreement shall be binding upon and inure to all successors -in- interests and assigns of the Parties. Section 9: Indemnification. OCSD shall defend and hold City, its elected and appointed officials, agents, consultants, and employees, free and harmless from any and all claims, damages, or demands arising out of OCSD's performance of its obligations under this Agreement. City shall defend and hold OCSD, its officials, agents, consultants, and employees, free and harmless from any and all claims, damages, or demands arising out of City's performance of its obligations under this Agreement. City shall defend and hold OCSD, its officials, agents, consultants, and employees, free and harmless from any and all claims, damages, or demands arising out of the public's use of the four (4) metered parking spaces on OCSD Property. Section 10. Waiver. A waiver of a breach of the covenants, conditions, or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions, or obligations of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Section 11. Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by electronic transmission, and shall be deemed received upon the earlier of: (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier, (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by electronic transmission. Any notice, request, demand, direction, or other .a -7- communication sent by electronic transmission must be confirmed within forty -eight (48) hours by letter mailed or delivered. Notices or other communications shall be addressed as follows: To OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 -7018 Attention: General Manager Facsimile: (714) 962 -0356 To City: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Attention: City Manager Facsimile: (949) 644 -3020 Section 12. Modification. This Agreement may be altered, changed, or modified only by a written amendment, signed by each Party to the Agreement. Section 13. Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest. Section 14. Jurisdiction. This Agreement shall be governed by the laws of the State of California in effect at the time of signing this Agreement. Section 15. Termination. The Parties agree that this Agreement shall continue in effect until termination hereof in the manner and for the following reasons: (a) By mutual agreement of OCSD and City; (b) By OCSD, in its sole discretion, by providing City with sixty (60) days written notice; or (c) For any material breach of this Agreement by one of the Parties. Notwithstanding the foregoing, the public's use of the metered parking spaces and of the Landscaping and Public Amenities expressly set forth herein shall continue for a period of at least twenty (20) years from the date of execution of this Agreement. Section 16. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between the Parties pertaining to the subject matter thereof. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the Parties' objectives and purposes, and the rule of construction that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. Section 17. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid under the applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of that provision, or the remaining provisions of this Agreement. -8- Section 18. Agreement Execution Authorization. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Agreement and that such execution is binding upon the entity for which he or she is executing this document. Section 19. Consistency of Attachments. In the event of any inconsistency between any area depicted in Attachments A through D on the one hand and the corresponding legal description contained in Attachments E through G on the other, the legal description shall govern. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. APPROVED AS TO FORM: GENERAL COUNSEL By APPROVED AS TO FORM City Attorney ORANGE COUNTY SANITATION DISTRICT LM 3 Chair, Board of Directors Penny Kyle Secretary of the Board of Directors CITY OF NEWPORT BEACH By Mayor ATTEST: City Clerk f \users\pbw \shared\agreements - outside \oesd -a street pump station 092004\agreement daft 3- 101904.doe 0C -9- CERTIFICATE OF ACCEPTANCE (Government Code Section 2728 1) THIS IS TO CERTIFY that the interest in real property conveyed by this Agreement dated 2004 from ORANGE COUNTY SANITATION DISTRICT, a political subdivision of the State of California, to the CITY OF NEWPORT BEACH, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the CITY COUNCIL OF THE CITY OF NEWPORT BEACH, pursuant to the authority conferred by resolution of the CITY COUNCIL OF THE CITY OF NEWPORT BEACH adopted on 2004 and the City consents to recordation thereof by its duly authorized officer. --------------------------------------------------------- I I I I I Q IH Iw I� I= fU IQ IF- IQ I I 1 i 1 I I I I 1 I I I I i I I I I 1 I I I I I I I L----- --- --- -- --- -- --- - -- -- -- - - --- -J Pei- th bm ai We ab� g a§ b FB : ,� �g s� W p w 3 E3 €e'T.�.�° LL R a 3= ess 3 �B. a ��. $ �SSSS °e as Asa e s 38 ° si.3 :b = :. ip % R ex / y O T cn }t V L � 00 UZ w_0 Z~ Q o N 0 w w J M 8 s 3tE ®t Y !C t 1� H Z W x U eL H H eL ` 1 � \ S ` V c /Lz DC OY / Zty , h / � C / 6 � 0 Z d 4 b , O i N N N z� Oo Z w ZO OZ ci C V W J / dpB � / Y r@ CID tl6� g I E 0 3 T z LLJ U Q 26 po. CpRNfR Z pfR�Y ?34S1Y �o SCALE: 1" = 20" ATTACHMENT D DEPICTION OF SEWER LINE EASEMENT s O \ o�NT OF \ 10 / VqRO 102,0?, � Q Fal E* 12/31/06 No. 7052 .� W, -"' mZ 'i_cbAL.UYVU SHEET 1 OF 1 ATTACHMENT E LEGAL DESCRIPTION OF PARKING SPACE LICENSE AREA THAT PORTION OF LOT 10, BLOCK 11 OF THE MAP OF THE BALBOA TRACT IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 4, PAGE 11, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING ALSO A PORTION OF LAND DESCRIBED IN THE GRANT DEED TO ORANGE COUNTY SANITATION DISTRICT RECORDED MARCH 8, 2001 AS INSTRUMENT NUMBER 20010134794, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 10 AS SHOWN ON SAID MAP; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 10 SOUTH 35 043'32" WEST 22.24 FEET; THENCE SOUTH 54 016'53" EAST 40.03 FEET; THENCE NORTH 35 °30'28" EAST 22.43 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 10; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 10 NORTH 54 033'03" WEST 39.94 FEET TO THE POINT OF BEGINNING. - it Exp. 1'131/08 „? hlo.7J32 t,r'. Jv 10- `7-D`i ATTACHMENT F LEGAL DESCRIPTION OF LANDSCAPE LICENSE AREA THAT PORTION OF LOT 10, BLOCK 11 OF THE MAP OF THE BALBOA TRACT IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 4, PAGE 11, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING ALSO A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED TO ORANGE COUNTY SANITATION DISTRICT RECORDED MARCH 8, 2001 AS INSTRUMENT NUMBER 20010134794, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 10 AS SHOWN ON SAID MAP; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 10 NORTH 35 043'32" EAST 23.90 FEET; THENCE SOUTH 54 016'53" EAST 40.03 FEET; THENCE SOUTH 54 028'38" EAST 37.08 FEET; THENCE NORTH 35 °30'32" EAST 0.67 FEET; THENCE SOUTH 54 029'30" EAST 9.50 FEET TO A POINT AT THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 4.50 FEET; THENCE EASTERLY 7.07 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 °59'58'; THENCE NORTH 35 °30'28" EAST 7.08 FEET TO A POINT AT THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 4.00 FEET; THENCE EASTERLY 6.28 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 000'00'; THENCE SOUTH 54 °29'27" EAST 4.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 10; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 10 SOUTH 35 017'38" WEST 17.21 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 10; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 10 NORTH 67 023'45" WEST 102.07 FEET TO THE POINT OF BEGINNING. 6cp, 12131!06 No. 7052 71 NO k i (� 1 D- "1- 014, ATTACHMENT G LEGAL DESCRIPTION OF SEWER LINE EASEMENT A STRIP OF LAND, 15.00 FEET IN WIDTH, OVER THAT PORTION OF LOT 10, BLOCK 11 OF THE MAP OF THE BALBOA TRACT IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 4, PAGE 11, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING ALSO A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED TO ORANGE COUNTY SANITATION DISTRICT RECORDED MARCH 8, 2001 AS INSTRUMENT NUMBER 20010134794, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, THE CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 10 AS SHOWN ON SAID MAP, SAID POINT BEING DISTANT THEREON ALONG SAID LINE SOUTH 67°23'45" EAST 26.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 10; THENCE NORTH 33 °16'09" EAST 40,40 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 10. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHEASTERLY IN THE NORTHEASTERLY LINE OF SAID LOT 10 AND SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID LOT 10. 1 Exp. 12/31/06 Flo, 7052 (o- -7 -oL(