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HomeMy WebLinkAbout8247 - Water Pipe Across Certain Real PropertyRESOLUTION NO. 18947 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COVINGTON BROTHERS IN CONNECTION WITH THE DISPOSITION OF WATER PIPE ACROSS CERTAIN REAL PROPERTY LOCATED IN THE CITY OF HUNTINGTON BEACH AND FURTHER AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED RELINQUISHING THE CITY'S INTEREST IN SAID PROPERTY WHEREAS, by an indenture dated May 1, 1923, recorded on July 30, 1928, in Book 183, page 244 of Official Records of Orange County, the City of Newport Beach was granted a right of way and easement to construct and maintain a pipe line for the transmission of water across a certain parcel of real property situated in the Rancho Las Bolsas, County of Orange, State of California, and described as follows: A strip of land ten (10) feet in width, the center line of which is described as follows: Beginning at a point in the North line of the South Half of the Northwest Quarter of the Southeast Quarter of Section Eighteen, Township Six South, Range Ten West, (S 1/2 of NW 1/4 of SE 1/4 of SE 1/4 of Sec. 18, T. 6 S., R. 10 W.), S. B. B. & M., Two Hundred (200) feet East of the West line of said Southeast Quarter (SE 1/4); thence South Forty -six degrees Forty -eight minutes East (S. 46° 48" E.) TWO Thousand Eight Hundred Ninety -two and Forty -seven Hundredths (2892.47) feet, more or less, to a point in the South line of said Section Eighteen (18) Two Thousand Three Hundred Eight and Twenty -nine Hundredths (2308.29) feet East of the Southwest corner of Southeast Quarter (SE 1 /4) thereof, and the City has constructed and continues to maintain a water pipe across said property pursuant to said indenture; and WHEREAS, that indenture contains a provision that, in the event the therein contained grant of right of way shall be terminated for any cause, the City of Newport Beach will, immediately upon such termination, at its own expense and risk remove all pipe placed upon said land and restore said premises as nearly as possible to the same state and condition they were • in prior to the construction of said pipe line; and WHEREAS, Covington Brothers, a California corporation, is the owner of the parcel of real property described in -1- Paragraph 2 herein, which is a part of the property described in the indenture of May 1, 1923, across which the City water pipe line passes, and has requested that the City quitclaim its easement across said property in order that the property may be developed; and • WHEREAS, the City is willing to execute a quitclaim deed releasing its easement provided that the City is relieved from the obligation to remove the pipe line from the easement at City's expense upon termination of the easement as provided in the indenture of May 1, 1923; and WHEREAS, Covington Brothers, a California corporation has executed and delivere Disposition of Water Pipe City's obligation, as set to remove all pipe placed real property in the City State of California. i to the City an Agreement Regarding in which they agree to assume the forth in the indenture of May 1, 1923, pursuant to said indenture across said of Huntington Beach, County of Orange, NOW, THEREFORE, BE IT RESOLVED: 1. The above - mentioned Agreement Regarding Disposition of Water Pipe is approved, and the Mayor and City Clerk are hereby authorized to execute the same on behalf of the City. 2. The Mayor and City Clerk are authorized to execute a quitclaim deed conveying the City's interest under said indenture of May 1, 1923, to the owners of the following described property in the City of Huntington Beach, County of Orange, State of California: All that certain real property in the City of Huntington Beach, County of Orange, State of California, described as: That portion of the Southeast quarter of the Southeast quarter of Section 18, in Township 6 South, Range 10 West, in the Rancho Las Bolsas, City of Huntington • Beach, as shown on a map thereof recorded in book 51, page 14, Miscellaneous Maps, records of said Orange County, lying West of the Easterly line of the Rancho Las Bolsas, as shown on a map thereof recorded in book 2, pages 332 and 333, Patents, records of Los Angeles County, California. -2- EXCEPTING THEREFROM that portion thereof conveyed to the Newbert Protection District, by deed recorded June 16, 1911, in book 197, page 264, Deeds, records of said Orange County. ALSO EXCEPTING those portions thereof included in the strips of land conveyed to the City of Santa Ana, by deed recorded June 21, 1912, in book 218, page 57, Deeds, records of said Orange County, and by deed recorded August 20, 1924, in book 538, page 47, Deeds, records of said Orange County. ALSO EXCEPTING THEREFROM that portion of said land granted to Huntington Beach City School District of Orange County, California, by deed recorded October 1, 1969, in book 9094, page 880 of Official Records of Orange County, at such time as the water pipe has been removed from said property or upon the City's being furnished with a written release of its obligation to remove said water pipe as provided n- the May 1, 1923 indenture signed by the owners of said property. ADOPTED this 13th day of May , 1974. ATTEST: P City Clerk �i� CE IED AS THE ORIGWAL CITY CLERK OF THE CI V GFrhEWr Q' 6cACH my 16 1974 ®AYEi �.--- _.._......... -. ......_......._........,...auras • -3=