HomeMy WebLinkAboutC-945 - Lease of water pipelineTHS•mec
1.2/2/64
LEASE OF WATER PIPELINE
OQ
THIS LEASE, made and entered into this day of
1964, between the CITY OF NEWPORT BEACH, a munic-
ipal corporation, hereinafter referred to as "City ", and IRVINE
RANCH WATER DISTRICT, a California water district organized under
the California Water District Law appearing in Division 13, Sec-
tions 34000, et seq., of the California Water Code, hereinafter
referred to as "Irvine District ";
W I T N E S S E T H:
WHEREAS, City, by conveyance from The Irvine Company,
a corporation, owns a 14 -in6h water pipeline extending from the
Metropolitan Water District vault lying northerly of Palisades
Road and immediately easterly of the northerly extension of
Jamboree Road northeasterly 800 feet, more or less, and a 12-
inch water pipeline from that point along a 10 -foot easement to
MacArthur Boulevard, which is also the boundary of the City of
Newport Beach (herein referred to as the "Lockheed pipeline "),
and a 12 -inch pipeline northerly from that point along the south-
westerly prolongation of San Joaquin Road and San Joaquin Road to
Campus Drive (formerly Paularino Avenue) and northwesterly in a
10 -foot easement adjacent to said Campus Drive and continuing
along Campus Drive across MacArthur Boulevard to a point within
the City of Newport Beach on said Campus Drive (herein referred
to as the "12 -inch pipeline "), both of which pipelines were here-
tofore constructed and conveyed to City by The Irvine Company, a
corporation, pursuant to a contract dated March 28, 1960, entered
into between said The Irvine Company, Lockheed Aircraft Corpora-
tion, and City, and a contract dated May 31, 1962, entered into
between City and said The Irvine Company, reference to each such
contract is hereby made for further particulars; and
WHEREAS, said 1962 contract contemplated that City
would convey said pipelines lying outside the boundaries of City
to a water distributing agency serving the land which said
4
pipelines were constructed to serve lying outside the boundaries
of City at such time as such an agency was ready to serve in said
area outside the City and a water pipeline was constructed con-
necting the City line on Campus Drive (formerly Acacia Street)
within the City to the Lockheed pipeline extending northerly from
Palisades Road and the northeasterly extension of Jamboree Road;
and
WHEREAS, Irvine District is a water district which
includes within its boundaries the land outside the boundaries
of City and has authority to serve water to the area which the
lines herein referred to outside the boundaries of City were con-
structed to serve; and
WHEREAS, said 1960 contract provided that upon its con-
veyance to City of said pipelines The Irvine Company would reserve,
and in its later conveyance to City of said pipelines said corpora-
tion did reserve to itself and its successors and assigns the
right to flowage capacity in said pipelines equal to 3 cubic feet
per second, subject to termination of said flowage capacity right
upon the happening of certain events as provided in said 1960
contract; and
WHEREAS, The Irvine Company has conveyed to Irvine
District its rights to said 3 second feet flowage capacity rights
in said pipelines, subject to the payment of said costs of repair
and maintenance; and
WHEREAS, the line contemplated to be constructed to
connect the City water line in Campus Drive with said Lockheed
pipeline has not been constructed; and
WHEREAS, until such line is constructed, City will re-
tain title to the pipelines herein described but is willing to
have said 12 -inch pipeline leased to and operated by Irvine Dis-
trict under the terms and conditions herein set out; subject to
Irvine District's 3 second feet flowage capacity rights in said
pipelines;
2.
NOW, THEREFORE, the parties agree:
1. Subject to the flowage capacity rights of Irvine
District in said pipelines aforesaid and to termination as
provided in said 1960 contract, City hereby leases to Irvine
District
The existing 12 -inch pipeline hereinabove described
together with all appurtenances thereof, located in,
along, over and across the easements and public
rights of way as shown on City of Newport Beach Public
Works Department drawing numbered R /W- 5039 -L, a copy
of which is attached hereto marked Exhibit "A" and
made a part hereof.
2. The term of this lease shall begin on the date of
execution hereof and shall continue until June 30, 1970, or until
such time as a water pipeline is constructed connecting the
existing City line on Campus Drive within the boundaries of City
to the Lockheed pipeline extending northerly from Palisades Road
and the northeasterly extension of Jamboree Road, whichever event
first occurs.
3. Irvine District agrees to maintain said 12 -inch
pipeline in good operating condition during the term hereof, and
if during said term it becomes necessary to relocate or recon-
struct any portion thereof lying outside the City by reason of
the relocation or reconstruction of roads or public utility lines,
and if such costs are borne by City, Irvine District agrees to
reimburse City for the costs of such relocation or reconstruction
as provided in paragraph 4 of said 1962 contract.
4. Irvine District agrees to keep records of the
amount of any water taken into said pipelines from any source
within the boundaries of City and to make said records available
for inspection by City upon request.
5. Neither Irvine District nor City shall place or
permit to be placed any water in either of said pipelines that
is not potable and of such quality as to be useful for domestic
water supply.
3.
a
6. Irvine District agrees to hold City harmless and
indemnify City against all claims for damages arising out of or
in any way connected with the use or operation of said 12 -inch
water pipeline by Irvine District, including any claim or demand
for water service by any person, corporation, association or agency
outside the boundaries of the City, which is now being served with
water from said 12 -inch pipeline.
7. Irvine District agrees to pay all property taxes,
if any, levied against said 12 -inch pipeline during the term of
this lease or any extension thereof.
8. City agrees that when a line not less than 12 inches
in diameter is constructed within the boundaries of the City con-
necting the City water pipeline in Campus Drive with said Lockheed
pipeline lying northerly from Palisades Road, City will convey to
Irvine District, its successors and assigns, the pipelines and ap-
purtenances constructed under said 1960 and 1962 contracts lying
outside of the boundaries of the City.
9. In consideration of this lease Irvine District
agrees to pay to City the following sums as follows; the sum of
$1.00 upon the execution of this lease and the sum of $1.00 on
or before the 10th day of each July during the term hereof, or
extension thereof, for the succeeding fiscal year. In further
consideration of this lease, Irvine District agrees to install
two 12 -inch isolating valves in the existing pipeline, each in a
concrete vault, one of which shall be at the intersection of the
northerly extension of Jamboree Road and MacArthur Boulevard with-
in the City's boundary or within the public right -of -way and the
other at the intersection of Campus Drive and MacArthur Boulevard
within the public right -of -way, ownership of both valves to remain
with the City.
10. Irvine District agrees at any time during the term
of this lease to supply water to City and to deliver same to City
at or near Campus Drive and MacArthur Boulevard, not to exceed 3
4.
cubic feet per second, at current prices charged by The Metropolitan
Water District of Southern California for domestic water from the
Orange County Feeder.
11. City reserves the right at any time to use the pipe-
line which is herein
conveying water from
part of City's water
water from any sourc
of Irvine District's
in said pipeline.
leased to Irvine District for the purpose of
any part of City's water system to any other
system or for the purpose of transporting
of supply into City's water system, exclusive
3 cubic foot per second flowage capacity right
IN WITNESS WHEREOF, each of the parties has caused this
agreement to be executed by its respective officials duly author-
ized, as of the day and year first above written.
APPROVED AS TO FORM
Dated: /- S- 6J-
CITY //ATTORN-7E�Y"
BY
CITY OF N RT BEA H
By rc
Mayor
Atln \test: Ip
City Clerk
IRVINE RANCH WATER DISTRICT
By Preftdent
Attest:
5.
O. A. 60-610168.
PO.B.
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IRVINE 0 e
M.dq-;'zr. /Iev
SLOCI<', 49
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CITY OF NEWPORT BEACH DRAWN 4. 1M. DATE 7 -/5 -64
PUBLIC WORKS DEPARTMENT APPROVEDiha+
W4TERQ6,4SEMG71\17- A55T. PURL C WORKS DIRECTOR
BLOCKS 49 V 50 R.E. NO. /2806
RV /NE'S SUBO /V /S /ON DRAWING No. ,p /yy- 5434 -L
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5 tJliimse tbwa by bow vuesmtod to sm cloy Como"
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13 *ipellaa be aWtowed aad the Mayer Mad City Clash bo aetbaeiaod to
14 tie are ae b*MIf of do City of Mvpmt Marisa.
15 AI9O =this J�ft day of Aaoarrs. 3.%4,
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January 5, 1965
The Irvine Company
P. 0. Box 97
Irvine, California
Attention: William Mason, Vice President
Gentlemen:
Enclosed is a copy of the Lease of Water Pipeline
between the City of Newport Beach and the Irvine
Ranch Water District, dated December 28, 1964. I
am also enclosing a copy of Resolution No. 6088
adopted by the Council on December 28, 1964 author-
izing the execution of said lease.
Very truly yours,
Margery 5chrouder
City Clerk
City of Newport beach
MS: dg
Encls.
To:
From:
0
CITY OF NEWPORT BEACH
City Clerk
City Attorney
CITY ATTORNEY
DEPARTMEBT
0
December 23, 1964
Subject: Conveyance and lease of water pipelines and easements
for water mains in Blocks 49 and 50, Irvine's Subdivision
Transmitted are the following:
1. Original Conveyance of Water Pipelines and Appurtenances
from The Irvine Company to the City of Newport Beach
dated November 6, 1964.
2. Proposed resolution accepting the above conveyance.
3. Original Easement Deed from the County of Orange to the
City of Newport Beach dated December 9, 1964.
k 4. Proposed resolution accepting the above deed.
5. Original Utility Easement from Irvine Industrial Complex
to the City of Newport Beach dated November 6, 1964.
Y 6. Proposed resolution accepting the above easement.
7. Original Utility Easement from Lockheed Aircraft Corporation
to the City of Newport Beach dated December 7, 1964.
Y 8. Proposed resolution accepting the above easement.
9. Lease of Water Pipeline between the City of Newport Beach
and Irvine Ranch Water District, executed in duplicate by
the District.
10. Proposed resolution authorizing execution of said lease on
behalf of the City.
COUNCIL:
DLSPOSI
-6 0
FILE:
t
• 0
To: City Clerk
-2-
December 23, 1964
This matter was rediaried to the Council meeting of January 11,
in order to allow sufficient time to process all of the documents
involved. The documents have been reviewed and approved by this
office and the Public Works Department and are now ready to be
presented to the City Council. It is, therefore, requested that
the matter be put on the agenda for the meeting of December 28.
Please note that the Lease of Water Pipeline recites that the
City owns the 14-inch-water pipeline and the 12 -inch water pipe-
line which was conveyed to it b the Conveyance of Water Pipelines
and Appurtenances (item 1 above. Consequently, the resolution
accepting said conveyance should be adopted prior to the adoption
of the resolution authorizing execution of t e lease.
THS:mec
Encs.
cc - Acting City Manager
Public Works Director
JAI.
Tully Seym r
City Attorney
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ACW: ft
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
December 9, 1964
On motion of Supervisor Featherly, duly seconded and carried, the
following Resolution was adopted:
BE IT RESOLVED that,the Chairman of this Board be and he is
hereby authorized to execute that certain Easement Deed dated December 9
1964, from the County of Orange, Grantor, to the City of Newport Beach,
conveying to said City a pipe line easement across Orange County Air-
port property, located southwesterly of MacArthur Boulevard on the north
westerly side of Campus Drive, in Supervisorial District No. 5.
AYES: SUPERVISORS C. M. FEATHERLY;•'ALTON E. ALLEN, DAVID.L. BAKER,
WM. HIRSTEIN AND WILLIAM':J. PHILLIPS ,
NOES: SUPERVISORS, NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA
� ss.
COUNTY OF ORANGE )
I, W. E. ST JOHN, County, Clerk and ex- officio Clerk of the Board
of Supervisors of Orange County, California, hereby certify that the
above and foregoing Resolution was duly and regularly adopted by the
said Board at a regular meeting thereof held on the 9th day of
December, 1964, and passed by a unanimous vote of said Board.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
9th day of December, 1964.1
Resolution No. 64 -1591
W. E. ST JOHN
County Clerk and ex- officio Clerk of
the Board of Supervisors of Orange
County, California
By -—
Deputy
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