HomeMy WebLinkAboutC-974 - Public utility subordination agreementJuly 22, 1965
The Irvine Company
P. O. Box 37
Irvine. California
Attention: Mr. Colin Relfe
Gentlemen:
In accordance with our telephone conversation of this morning,
attached for transmittal to the Licensees are executed copies
of the following:
(1) Public Utility Subordination Agreement (Ford Road)
dated June 14, 1965 between the City, The Irvine
Company, and Southern California Edison Company.
(2) Public Utility Subordination Agreement (Ford Road)
dated June 14, 1965 between the City, The Irvine Company,
and Southern Counties Gas Company of California.
(3) Public Utility Subordination Agreement (Ford Road)
dated June 14, 1965 between the City, The Irving Company,
and Pacific Telephone and Telegraph Company.
Yours very truly,
Margery Schrouder
City Clerk
City of Newport Beach
MS:lcl
Encls.
THS :mec
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PUBLIC UTILITY SUBORDINATION
AGREEnNT (FORD ROAD)
,t_.
THIS AGREIZIENT, .made and entered into this k l day of
1965, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as "City ",
THE IRVINE COMPANY, a West Virginia corporation, hereinafter re-
ferred to as "Irvine ", and SOUTHERN CALIFORNIA EDISON COMPANY, a
California corporation, hereinafter referred to as "Licensee ";
1. Recitals:
(a) Irvine is the owner of a private road located
within City commonly known as Ford Road which runs generally along
the southerly boundary of the Ford Aeronutronic plant site and
connects MacArthur Boulevard with Jamboree Road,
(b) Irvine proposes to dedicate the existing
improved right of way of said Ford Road together with additional
right of way to City as a public street. The area within said
proposed dedication is described as follows:
A strip of land 84.00 feet in width in block 56
of Irvine's Subdivision as per map recorded in
book 1, page 88 of Miscellaneous Record Maps in
the office of the county recorder of said county,
the northerly line of said strip of land being
the southerly line of that certain parcel described
as Exhibit "A" in the ground lease to Aeronutronics
Systems, Inc. recorded in book 4140, pages 414 and
415 of Official Records of said county.
The southerly line of said strip of land shall
terminate northwesterly on the southeasterly line
of Jamboree Road, 100 feet wide, as described in a
deed to the County of Orange recorded in book 4110,
page 10 of Official Records and terminate easterly
on a line parallel with and westerly 110.00 feet,
measured at right angles, from the centerline of
N.acArthur Boulevard, 100 feet wide, as described in
Parcel 2 in a deed to the State of California recorded
in book 1047, page 557 of Official Records.
(c) Licensee has heretofore been granted a revocab
license by Irvine to construct and maintain electric lines, poles
and other public utility appurtenances over and across said right
of way.
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(d) In consideration of Irvine's agreement not to
terminate the license as granted and in further consideration of
City's acceptance of the proposed dedication, Licensee is willing
to subordinate its rights under such license to the City's rights
in such public roads and to maintain its facilities pursuant to
its franchise rights, which Licensee, as a public utility, has in
public streets within the City.
2. Licensee hereby agrees to subordinate all rights it
has received from Irvine to the rights of the City in Ford Road,
upon the dedication of such road by Irvine to City and its acceptan
by City. Licensee further agrees that its rights to install and
maintain public utilities facilities, including facilities existing
at the time said dedication becomes effective, shall be based
entirely on its franchise with the City, e.g., Ordinance No. 566
adopted November 24, 1947.
3. Licensee further agrees:
(a) To pay to City, on demand, the cost of all
repairs to public property made necessary by any operations of
Licensee conducted on, over, or in Ford Road.
(b) To indemnify and hold harmless the City and its
officers from any and all liability for damages proximately result-
ing from any of its operations on, over,or in Ford Road.
(c) To remove or relocate, without expense to the
ICity, any facilities installed, used and maintained on, over, or in
Ford Road if and when made necessary by any lawful change of grade,
lalignment or width of any public street, way, alley or place,
including the construction of any subway or viaduct by the City,
or any other governmental use of said street.
4. Irvine agrees not to revoke Licensee's existing
license to construct and maintain public utility facilities in Ford
Road prior to the acceptance by City of the dedication of said road
by Irvine, or the termination of thisagreement, whichever event
2.
I�
f
11, first occurs.
2- 5. In the event that City does not accept the offer of
31 dedication of Ford Road by Irvine prior to December 31, 1965, this
4 agreement shall automatically terminate without further notice to
5! any party.
6 WITNESS WHEREOF, the parties hereto have executed this
711 agreement as of the day and year first above written.
81
CITY OF
9
By
%'-." a-. -
Mayor
10
Attest:
12
u.._;r �,_.x41Y
_
City Clerk
13
$; �-
I
» w�
CITY
v,,
14
THE IRVINE
COMPANY
15
!�
Byt
// r
16
IC R
17 Attest:
18/�
ASSN: ,nf y ,. f .,2•r
19
IRVINE
20
21 SOUTHERN CALIFORNIA EDISON COMPANY
22 By
n
23
Attest:
24 .(
25 i „na• /
26 ENSEE
`A
2811 STATE OF CALIFORNIA )
: ss
29 COUNTY OF ORANGE )
30 On 1965, before me, a Notary
Public in and oa`i County and State, personally appeared
31 PAUL J. GRUBER and MARGERY SCHROUDER, known to me to be the Layor
and the City Clerk, respectively, of the CITY OF NEWPORT BEACH,
32 the municipal corporation that executed the within instrument,
APPROVED AS TO FORM.
ROLLIN p.wopo.•uRV _
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C1
and acknowledged to me i=hat said municipal corporation executed
the same pursuant to a _--solution of its City Council.
WITNESS my hang and official seal.
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
,I
Notary"Public in and for
said County and State
r _a:r..Is -:.. Ex he 9e`.. 9. iyaj:
On L g- , 1965, before me, a Notary Public
in and for said ount} an tate, personally appeared
°R MASON known to me to be the VICEp
an S. HETIE� _, known to me to e the
of THE IP;VINE COMPANY, one of the corporations
that execute tie within instrument, known to me to be the persons
who executed the within instrument on behalf of said corporation
therein named, and acknowledged to me that such corporation
executed the within instrument pursuant to its by -laws or a resolu-
tion of its board of directors.
WITNESS my hand and official- e 1.
! PHYLLIS A. BRUNS
3 Notary P01n:
State of California
Principal Cc Office In i No r Public in and for
Orange County y
•- �••••- •�••••••••-- •••'�' -^"••? said County and State
My Commission Fapires December 7, 1965
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE ) (j
On / 1965, before me, a Notary Public
in and for sai ounty an tate, persona app red s
known t me to be the??��� h &4 :0 � - f ,
an , known to me to be the
OT'50UTHERN CALIFORNIA EDISON COMPANY,
one o t e corporat ons that executed the within instrument, known
to me to be the persons who executed the within instrument on
behalf of said corporation therein named, and acknowledged to me
that such corporation executed the within instrument pursuant to
its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Cl CLthcitir, lei. iat2Ch
My Commission Excites December 18, 2857,
Notary Public in and for
said County and State
KATHERINE M. BAIR
.q •` ` NOFARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
4.
L LOS ANGELES COUNTY
PUBLIC UTILITY SUBORDINATION
AGREEMENT (FORD ROAD)
ORIGINAL
THIS AGREEMENT, made and entered into this day of
1965, by and between the CITY OF NEWPORT BEACH
a minicipal corporation, hereinafter referred to as "City ", THE
IRVINE COMPANY, a West Virginia corporation, hereinafter referred
to as "Irvine ", and THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a
California corporation, hereinafter referred to as "Licensee ";
1. Recitals:
(a) Irvine is the owner of a private road located
within City commonly known as Ford Road which runs generally along
the southerly boundary of the Ford Aeronutronic plant site and
connects MacArthur Boulevard with Jamboree Road.
(b) Irvine proposes to dedicate the existing
improved right of way of said Ford Road together with additional
right of way to City as a public street. The area within said
proposed dedication is described as follows:
A strip of land 84.00 feet in width in block 56
of Irvine's Subdivision as per map recorded in
book 1, page 88 of Miscellaneous Record Maps in
the office of the county recorder of said county,
the northerly line of said strip of land being the
southerly line of that certain parcel described as
Exhibit "A" in the ground lease to Aeronutronics
Systems, Inc. recorded in book 4140, pages 414 and
415 of Official Records of sai_d.county.
The southerly line of said strip of land shall
terminate northwesterly on tle southeasterly line
of Jamboree Road, 100 feet wide, as described in a
deed to the County of Orange recorded in book 4110,
page 1.0 of Official Records and terminate easterly
on a line parallel with and westerly 110.00 feet,
measured at right angles, from the centerline of
MacArthur Boulevard, 100 feet wide, as described in
Parcel 2 in a deed to the State of California recorded
in book 1047, page 557 of Official Records.
• 1 0
(c) Under an agreement dated September 16, 1942,
under which Licensee could apply to Irvine for a license to place,
maintain and remove poles, cables, wires and other appurtenances
necessary to provide telephone service, by various applications
Licensee has heretofore been granted revocable licenses by Irvine
to maintain its facilities in Ford Road.
(d) In consideration of Irvine's agreement not to
terminate the licenses as granted and in further consideration of
City's acceptance of the proposed dedication, Licensee is willing
to subordinate its rights under such licenses to the City's rights
in such public roads and to maintain its facilities pursuant to its
franchise rights, which Licensee, as a public utility, has in public
streets within the City.
2. Licensee hereby agrees to subordinate all rights it
has received from Irvine to the rights of the City in Ford Road,
upon the dedication of such road by Irvine to City and its accept-
ance by City. Licensee further agrees that its rights to install
and maintain public utilities facilities, including facilities existing
at the time said dedication becomes effective, shall be based
entirely on its State franchise rights under Section 7901 of the
Public Utilities Code of the State of California.
3. Irvine agrees not to revoke Licensee's existing
licenses to construct and maintain public utility facilities in
Ford Road prior to the acceptance by City of the dedication of said
Road by Irvine, or the termination of this agreement, whichever
event first occurs.
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4. In the event that City does not accept the offer of
dedication of Ford Road by Irvine prior to December 31, 1965, this
agreement shall automatically terminate without further notice to
any party.
IN WITNESS WHEREOF, the parties hereto have executed this
a ."reement as of the day and year first above written.
APPROVED AS TO FORM
Dated:
CITY ATTORNEY v
By ..1. ..
STATE OF CALIFORNIA )
: ss
COUNTY OF ORANGE )
• fir.• •
By
r
Attest`:
-,
ity Clerk
CITY
THE IRVINE COMPANY
By dYJ/ juh^
VICE PRE MENT
Attest:
ASSISTAf4T SECRETARY
IRVINE
THE PACIFIC TELEPHONE AND TELEGRAPH
COMPANY
By
General Plant Manager
Attest:
LICENSEE
On k 1965, before me, a Notary Public in
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- - - - ....---------------
;3
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and for said County and State, personally appeared PAUL J. GRUBER and
MARGERY SCHROUDER, known to me to be the Mayor and the City Clerk,
respectively, of the CITY OF NEWPORT BEACH, the municipal corporation
that executed the within instrument, and acknowledged to me that said
municipal corporation executed the same pursuant to a resolution of
its City Council.
'- - ., 1. PALEN
} J pil
0
OFFICE 01
ORd.CF COUNTY —
STATE OF CALIFORNIA )
: ss
COUNTY OF ORANGE )
hand and official seal.
Notary ublic in and for
said County and State
Afy rc 7 G 'o-. _° ?fret Feb. 9e We
On 1965, before me, a Notary Public in
and for said County an State, personally appeared W- PL MASr+w
, known to me to be the VICE PRESIDENT , and
R. S. HETZEL , known to me to be the ASSISTANT SECRETARY of
THE IRVINE COMPANY, one of the corporations that executed the within
instrument, known to me to be the persons who executed the within
instrument on behalf of said corporation therein named, and acknowledged
to me that such corporation executed the within instrument pursuant to
its by -laws or a resolution of its board of directors.
WITNESS my
PHYLLIS A. BRUNS
Notary
State of California
Principal Office In
Orange Coonty�.,,.��
My Comm;ssien Expires December 7, 1965
STATE OF CALIFORNIA )
S,4 N SS
COUNTY OF GRAt= )
hand and official s
No y Public in and for
said County and State
On %'2t 1965, before me, a Not
ar Public in
and for said Count, and State, personally, appeared 64 �aP�� ,
known to me to be the , of THE PACIFIC TELEPHONE
AND TELEGRAPH COMPANY, one of the corporations that executed the within
instrument, known to me to be the persons who executed the within
instrument on behalf of said corporation therein named, and acknowledged
to me that such corporation executed the within instrument pursuant to
its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
��� `'' '�'�- •��•�� Notary P lic in and for
m RHODA R SPENCER ► said County and State
i NOTARY PUBLIC ►
:an Diego Ceun1Y. Calif. ► RHODA F. SPENCER
± My Commission Expires November 9, 19$6 ,
-4- _
J
d V • 0 ORIGINAL
PUBLIC UTILITY SUBORDINATION
AGREEMENT (FORD ROAD)
THIS AGREEMENT, made and entered into this day of
, 1965, by and between the CITY OF NEWPORT
BEAC/, a municipal corporation, hereinafter referred to as "City ",
THE IRVINE COMPANY, a West Virginia corporation, hereinafter re-
ferred to as "Irvine ", and SOUTHERN COUNTIES GAS COMPANY OF
CALIFORNIA, a California corporation, hereinafter referred to as
"Grantee ";
1. Recitals:
(a) Irvine is the owner of a private road located
within City commonly known as Ford Road which runs generally along .
the southerly boundary of the Ford Aeronutronic plant site and
S
connects MacArthur Boulevard with Jamboree Road.
(b) Irvine proposes to dedicate the existing
improved right of way of said Ford Road together with additional
right of way to City as a public street.The area within said pro-
posed dedication is described as follows:
A strip of land 84.00 feet in width in block 56
of Irvine's Subdivision as per map recorded in
book 1, page 88 of Miscellaneous Record Maps in
the office of the county recorder of said county,
the northerly line of said strip of land being
the southerly line of that certain parcel described
as Exhibit "A" in the ground lease to Aeronutronics
Systems, Inc. recorded in book 4140, pages 414 and
41.5 of Official Records of said county.
The southerly line of said strip of land shall
terminate northwesterly on the southeasterly line
of Jamboree Road, 100 feet wide, as described in a
deed to the County of Orange recorded in book 4110,
page 10 of Official Records and terminate easterly
on a line parallel with and westerly 110.00 feet,
measured at right angles, from the centerline of
MacArthur Boulevard, 100 feet wide, as described in
Parcel 2 in a deed to the State of California recorded
in book 1047, page 557 of Official Records.
W T
0 0
(c) Grantee has heretofore been granted a right of
way by Irvine to construct and maintain gas pipes, mains, metering,
regulating and other appurtenances for the purpose of conveying gas
for heat, light and power or other purposes over and across said
Ford Road, which right of way reserves to Irvine the right to
dedicate said right of way for public road purposes.
(d) In consideration of City's acceptance of the
proposed dedication, Grantee is willing to subordinate its rights
under such right of way to the City's rights in such public roads
and to maintain its facilities pursuant to its franchise rights,
which Grantee, as public utility, has in public streets within
the City.
2. Grantee hereby agrees to subordinate all rights it
has received from Irvine to the rights of the City in Ford Road,
upon the dedication of such road by Irvine to City and its accept-
ante by City. Grantee further agrees that its rights to install and
maintain public utilities facilities, including facilities existing
at the time said dedication becomes effective, shall be based
entirely on its franchise with the City, e.g., Ordinance No. 524
adopted August 2, 1943.
3. In the event that City does not accept the offer of
dedication of Ford Road by Irvine prior to December 31, 1965,
- 2 -
this agreement shall automatically terminate without further notice
to any party.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
APPROVED AS TO FORM
Dated: /a
CITY ATTORNEY
Q�� lu" "NATURE i
...
STATE OF CALIFORNIA )
: ss
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH
By
ayor
Attest: Q
City Clerk
C9364�4
THE IRVINE COMPANY
By
VICE PRESKOINI
Attest:
�,
A6 ISTANT ?FCRf TVA l
IRVINE
SOUTHERN COUNTIES GAS COMPANY OF
CALIFORNIA
By
VICti oer�p�.,�
Attest:
ASSISTANT SECAITAAM
GRANTEE
On —, 1965, before me, a Notary Public in
and for said Cou ty and State, personally appeared PAUL J. GRUBER and
MARGERY SCHROUDER, known to me to be the Mayor and the City Clerk,
respectively, of the CITY OF NEWPORT BEACH, the municipal corporation
that executed the within instrument, and acknowledged to me that said
municipal corporation executed the same pursuant to a resolution of
its City Council.
- 3 -
• 0
WITNESS my hand and official seal.
...... .......... ......... ....
STATE OF CALIFORNIA )
: ss
COUNTY OF ORANGE )
�t�GGrZ
Notary PQblic in and for
said County and State
My Gat=kdm bph" hb. 9, imp
On / ;. 1965, before me, a Notary Public
in and for said Coun J and State, personally appeared W.X MASON ,
knova to fie to be the VICE PRESIDENT and R s. HETZEL ,
known to me to be the ASSISTANT SECRFTARV of THE IRVINE OJMPANY, one
of the corporations that executed the within instrument, known to me
to be the persons who executed the within instrument on behalf of
said corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its by -laws
or a resolution of its board of directors.
WITNESS my hand
PHYLLIS A. BRUNS
Notary 1`01te
State of Califar "ia
' Principal Office In
Orange county
My Commission Expires December 7, 1965
STATE OF CALIFORNIA )
ss
COUNTY OF ZRIM )
LOS ANGELES
and official seal.
�N
Notary ghblic in and for
said County and State
On May 5. , 1965, before me, a Notary Public
in and for said County and State, personally appeared Milford Springer
known to me t -D be the Vice President , and A. R. Robbins ,
known to me to be the Assistant Secretary , of SOUTHERN COUNTIES
GAS COMPANY OF CALIFORNIA, one of the corporations that executed
the within instrument on behalf of said corporation therein named,
and acknowledged to me that such corporation executed the within in-
strument pursuant to its by -laws or a resolution of.its board of
directors.
WITNESS my hand and official seal.
SHIRLEY L f: N
Notary Pub "c in and for
said County and State
St:IRLEY LAWRENCE
Lt; °LIv- CAUFORNIA
F1L'E!ir AL U: HCE IN
ANGiL:S COUNTY
MY COtfMISS'.ON IX ?IRES AUGUST 27, 1968
- 4 -
.I
L. PAL -.N
'
NOTARY PU51IC
PRiNCIPA'. N
ayj
i
ORANGE COUW Y
...... .......... ......... ....
STATE OF CALIFORNIA )
: ss
COUNTY OF ORANGE )
�t�GGrZ
Notary PQblic in and for
said County and State
My Gat=kdm bph" hb. 9, imp
On / ;. 1965, before me, a Notary Public
in and for said Coun J and State, personally appeared W.X MASON ,
knova to fie to be the VICE PRESIDENT and R s. HETZEL ,
known to me to be the ASSISTANT SECRFTARV of THE IRVINE OJMPANY, one
of the corporations that executed the within instrument, known to me
to be the persons who executed the within instrument on behalf of
said corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its by -laws
or a resolution of its board of directors.
WITNESS my hand
PHYLLIS A. BRUNS
Notary 1`01te
State of Califar "ia
' Principal Office In
Orange county
My Commission Expires December 7, 1965
STATE OF CALIFORNIA )
ss
COUNTY OF ZRIM )
LOS ANGELES
and official seal.
�N
Notary ghblic in and for
said County and State
On May 5. , 1965, before me, a Notary Public
in and for said County and State, personally appeared Milford Springer
known to me t -D be the Vice President , and A. R. Robbins ,
known to me to be the Assistant Secretary , of SOUTHERN COUNTIES
GAS COMPANY OF CALIFORNIA, one of the corporations that executed
the within instrument on behalf of said corporation therein named,
and acknowledged to me that such corporation executed the within in-
strument pursuant to its by -laws or a resolution of.its board of
directors.
WITNESS my hand and official seal.
SHIRLEY L f: N
Notary Pub "c in and for
said County and State
St:IRLEY LAWRENCE
Lt; °LIv- CAUFORNIA
F1L'E!ir AL U: HCE IN
ANGiL:S COUNTY
MY COtfMISS'.ON IX ?IRES AUGUST 27, 1968
- 4 -
2
2/2 s (U) i
kjSOWnW 0. 6159
gu t ar s cl�rx C :IL ar To C*lTY
2 PWIMT ld'ACd AVnX rA TO UWMW of rOUN
3
I
4` E3Ei8'kM"s Tta iatvins aiovary p:reposas to dwaste to the
5 Gitr Of art Stock ss At publie 8ttast, %be eyeeist9aag isapseu*d e
6 of way of the .private road looted in the City cOWN427 10aw &0
7 ford Road,, which rafts pe netrEal'!y a1mg the "Utherly teary Of the
s i turd Aarm strOide plant sits 804 cats MOCArth= SQUI V"d With
9 varc- -as Jkwd# together with edditional, Tight of easy; +ad
10 I VOMWs Souttttret California wises Cam► soutbara .
11 Coust#eb Cam Cw4My of talifamiss and Tba paetifte¢ ?el"baes eyed
12 Telegrtaph COWNIF bane eaeistiaeg pssbliC Utilities f CLUtias weld thN
13 right to InMll sad tealatsin publiea: utilities faellities in feed
14 Read WWW either s lieease d! fit of VIOt Of Mary frame TYa
15 IrVine COMPOe y; =4
16 ilORWO there have bees promoted to the City veil of
17 the "Sy of Newport Boaeb certain lttblie Vtllity lttbtetadittstlaa
18 Astesimats betwarwt tba City of Newport Is"h► The lrvbw CovIaey*
19 seed Seetbesu, Csllfoxv" tdison Ctllptys $04th rR Counties GAS
20 Ceyepera'y Of C41LIMMLt► seed The VACLUs T*U*b=W Md 101e5tslh
21 Gaaalrasy► reaaepeati+asly► wborsby said par►blle utillty eaNtaiios sdree
22 to MbWditaats 8,11 eetistittg riffs they bA" la 1►Ord ;Maid to the
23 City ►e MISM Ut; ixd
24 VMMM► the City OvowtI bras eeeaaltaetdowed the tsaal o +end
25 coaditiorse of seid agremsats dad feowd then to be r+e OoDeble OW
26 equitable;
27 Ims THORMUs BI IT RXS(XVD that "Id Public utility
28 $vberrdiaurtios A&VOOMOtS be appfroV*d end the roar nerd City ClOft
29 "we hereby authorized =0 directed to onscuts the dupe* an behel!
30 of the 'City of Nowp0art Zesclu
31 AVDVM this jk%b� day Of
32
0 0
July 16, 1965
The Irvine Company
P. O. Box 37
Irvine, California
Attention: Mr. W. R. Mason
Vice - President
Gentlemen:
Enclosed are fully executed copies of the following:
(1) Public Utility Subordination Agreement (Ford Road) dated
June 14, 1965 between the City, The Irvine Company, and
Southern California Edison Company.
(2) Public Utility Subordination Agreement (Ford Road) dated
June 14, 1965 between the City, The Irvine Company, and
Southern Counties Gas Company of California.
(3) Public Utility Subordination Agreement (Ford Road) dated
June 14, 1965 between the City, The Irvine Company, and
Pacific Telephone and Telegraph Company.
Subject Agreements were authorised by the adoption of Resolution 6159
by the City Council of the City of Newport Beach on June 14, 1965, copy
of which is attached hereto.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS:lcl
Encls.
r • r
To:
From:
•
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
The Honorable Mayor and
Members of the City Council
City Attorney
CoUa4 5
May 21, 1965
Subject: Acceptance of dedication of Ford Road between MacArthur
Boulevard and Jamboree Road as a public street
In 1964 the City entered into a contract with The Irvine Company
which in substance provided:
1. That the City would accept a dedication of Ford Road as a
public street.
2. That additional street improvements would be made on the
portion of Ford Road extending from the entrance to the
Philco Plant westerly to Jamboree Road with the cost to
be shared between the City and The Irvine Company. The
improvements called for are to be completed within ten
years after the date on which the dedication is accepted
by the City.
As a condition precedent to the acceptance of the dedication of
Ford Road, the City required that The Irvine Company obtain a
subordination agreement from each of the public utilities which
had installed facilities in the street right -of -way. These
agreements with Southern California Edison Company, Southern
Counties Gas Company, and The Pacific Telephone and Telegraph
Company have been furnished to the City by The Irvine Company.
The purpose of these agreements is to insure that any costs
incurred in the relocation of the public utilities facilities
resulting from a change of grade or improvement of the right -
of -way will not be an obligation of the City.
In addition, The Irvine Company has agreed to convey to the City
the existing 8 -inch sewer pipeline which is located in the street
right -of -way. This pipeline provides sewer service to the Philco
Plant.
The Irvine Company has requested that the City proceed with the
acceptance of the offered dedication of Ford Road. All pre-
liminary requirements have been complied with and it would now
0% *- • •
To: The Honorable Mayor and
Members of the City Council -2- May 21, 1965
be in order for the City Council to accept the dedication by
taking the following actions:
1. Adopt a resolution authorizing the execution of the Public
Utility Subordination Agreements.
2. Adopt a resolution accepting the Grant of Easement from The
Irvine Company for street and highway purposes.
3. Adopt a resolution accepting the Conveyance of Sewer Pipeline
and Appurtenances.
k The documents and resolutions referred to have been transmitted to
the City Clerk and will be ready for Council action at the meeting
� on May 24.
TullA. Sey a r*"P
THS:mec City Attorney
cc - City Manager
City Clerk
Public Works Director
To:
From
City Clerk
0
CITY OF NEWPORT BEACH
City Attorney
CITY ATTORNEY
DEPARTMENT
May 21, 1965 4 —J -q
Subject: Acceptance of dedication of Ford Road between MacArthur
Boulevard and Jamboree Road as a public street
Transmitted are the following:
1. Original contract for the dedication and improvement of
Ford Road between the City and The Irvine Company dated
January 27, 1964.
2. Original and two copies of Public Utility Subordination
Agreement between the City, The Irvine Company, and
Southern California Edison Company, all executed by The
Irvine Company and Southern California Edison Company.
3. Original and two copies of Public Utility Subordination
Agreement between the City, The Irvine Company, and
Southern Counties Gas Company of California, all executed
by The Irvine Company and Southern Counties Gas Company.
4. Original and two copies of Public Utility Subordination
Agreement between the City, The Irvine Company, and The
Pacific Telephone and Telegraph Company, all executed by
The Irvine Company and The Pacific Telephone and Telegraph
Company.
5. Resolution authorizing the execution of the above - described
Public Utility Subordination Agreements.
6. Original and one copy of Grant of Easement for Ford Road
dated August 10, 1964, from The Irvine Company to the City.
7. Resolution accepting said Grant of Easement and authorizing
the recording thereof, together with The Irvine Company
Engineering Department drawing described therein which shows
the location of said easement.
8. Original and one copy of Conveyance of Sewer Pipeline and
Appurtenances dated May 21, 1965, by which The Irvine
d
May 21, 1965 4 —J -q
Subject: Acceptance of dedication of Ford Road between MacArthur
Boulevard and Jamboree Road as a public street
Transmitted are the following:
1. Original contract for the dedication and improvement of
Ford Road between the City and The Irvine Company dated
January 27, 1964.
2. Original and two copies of Public Utility Subordination
Agreement between the City, The Irvine Company, and
Southern California Edison Company, all executed by The
Irvine Company and Southern California Edison Company.
3. Original and two copies of Public Utility Subordination
Agreement between the City, The Irvine Company, and
Southern Counties Gas Company of California, all executed
by The Irvine Company and Southern Counties Gas Company.
4. Original and two copies of Public Utility Subordination
Agreement between the City, The Irvine Company, and The
Pacific Telephone and Telegraph Company, all executed by
The Irvine Company and The Pacific Telephone and Telegraph
Company.
5. Resolution authorizing the execution of the above - described
Public Utility Subordination Agreements.
6. Original and one copy of Grant of Easement for Ford Road
dated August 10, 1964, from The Irvine Company to the City.
7. Resolution accepting said Grant of Easement and authorizing
the recording thereof, together with The Irvine Company
Engineering Department drawing described therein which shows
the location of said easement.
8. Original and one copy of Conveyance of Sewer Pipeline and
Appurtenances dated May 21, 1965, by which The Irvine
To: City Clerk -2- May 21, 1965
Company conveys to the City the 8 -inch sewer pipeline in
Ford Road.
9. Resolution accepting said Conveyance of Sewer Pipeline and
Appurtenances.
Copies of The Irvine Company Engineering Department drawing described
in the resolution accepting the Grant of Easement (item 7 above) and
Conveyance of Sewer Pipeline and Appurtenances (item 8 above), in a
reduced form satisfactory for recording, should be obtained from
the Public Works Department. The smaller drawing should be substi-
tuted for the one attached to the Conveyance as Exhibit "A ".and
one copy thereof should be recorded with the Grant of Easement for
Ford Road.
As stated in our memorandum of this date to the City Council, it is
now in order for the Council to accept the dedication of Ford Road
by adopting the attached resolutions in the order indicated.
Tully Se o r
THS:mec City Attorney
Encs.
cc - City Manager
Public Works Director