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HomeMy WebLinkAboutC-1046 - Joint Powers Agreement regarding abandonment of Harbor Dam4L MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA May 31, i966 IN RE: AGREEMENT RELINQUISHMENT AND REMOVAL OF HARBOR DAM THE IRVINE COMPANY CITY OF NEWPORT BEACH On motion of Supervisor Allen, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated May 31, 1966, between The Irvine Company, City of Newport Beach and Orange County-Flood Control District, providing for relinquishment and removal of Harbor Dam. IN RE: PERMIT CONSTRUCTION OF SANITATION OUTFALL PIPELINE AND APPURTENANT STRUCTURES ORANGE COUNTY SANITATION DISTRICT N0, 1 On motion of Supervisor Featherly, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign Permit No. 06566, between the Orange County Flood Control District and Orange County Sanitation District No. 1, to construct, maintain and operate a sanitation pipeline crossing of the Talbert Channel. IN RE: RESOLUTION FROM HUNTINGTON BEACH CHAMBER OF COMMERCE SUPPORTING ORANGE COUNTY FLOOD CONTROL DISTRICT BOND ISSUE On motion of Supervisor Baker, duly seconded and unanimously carried, the Resolution from the Huntington Beach Chamber of Commerce supporting the Orange County Flood Control District Bond Issue, is received and ordered filed. IN RE: CHANGE ORDER NO. 2 A SERVICE ROAD, MAC ARTHUR BOULEVARD STORM DRAIN AND UTILITIES ORANGE COUNTY AIRPC::T GRIFFITH COMPANY, CONTRACTOR On motion of Supervisor Phillips, duly seconded and unanimously carried, Change Order No, 2, to the contract for construction of a Service Road, MacArthur Boulevard Storm'Drain and Utilities, with Griffith Company, Contractor is approved as recommended by the.Chief Engineer of the Orange County Flood Control District, and the Director of Building Services. RECcIVED JUN 3 1966 'r'N- "' •'ZT. 1 2 3 4 5 6 7 8 911 10 112 121 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 29 30 31. 32. /650.12 .... `LLx/U VVpdsnV& MAIN FU.; reement No. MS66GOOD01� b A G R E E M E N T ' . THIS AGREEMENT entered into this day of 19660 BY AND BETWEEN AND THE IRVINE COMPANY, a West Virginia corporation, hereinafter referred to as 'Irvine ", CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as 'City ", ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, herein- after referred to as 'District ". R E C I T A L S A. Irvine is the owner of certain real property in the City of Newport Beach, Orange County, California, within Lot 445, Block 94, and Lot 446, Block 93, Irvine Subdivision as shown by map recorded in Book 1, Page 88, Miscellaneous Record Maps in the Of- ficial Records of Orange County. B. District, subsequent to the November 15, 1944 granting by Irvine of an easement for flood control purposes, has operated and maintained Harbor Dam, retarding basin and appurtenant structures providing flood protection for property lying between said Harbor Dam and the Bulkhead line of a portion of Newport Harbor identified as Balboa Island Channel. C. Said easement, conveyed by instrument in the form of Exhibit A. attached herewith and by reference incorporated herein as a part of this agreement, and recorded on November 15, 1944 in Book 1291, Page 27 of the Official Records of Orange County is shown on Exhibit- B of this agreement. D. Irvine wishes to remove said Harbor Dam and use the land occupied by said dam and appurtenant structures for purposes other 1 2 3 4 5 6 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 291 30' 31 321 ram -1a 4 than flood control. E. The parties hereto wish to establish the terms and con- ditions upon which District will relinquish its obligations and rights in the aforesaid Harbor Dam and appurtenant structures, and the manner whereby Irvine and City shall subsequently provide for the operation and construction of adequate drainage and flood control facilities for the protection of property now dependent on the existence and the adequacy of Harbor Dam and appurtenances. W I T N E S SET H: 1. Irvine shall cause to be prepared engineering plans and specifications for the construction of drainage and flood - control fa- cilities providing capacity for unretarded storm runoff from the up- stream side of Pacific Coast Highway to the Newport Harbor Bulkhead line under conditions of ultimate urban development. Said plans shall be submitted for the approval of District's Chief Engineer, which Engineer shall withhold approval only for good cause based on good engineering practice. - 2. Irvine and City agree, at no cost to District, to con- struct said drainage and flood control - facilities and to complete said works prior to October 15, 1966. 3. Irvine agrees to convey by instrument to City the neces- sary easements for perpetual maintenance of drainage and flood control facilities referred to in 1. above. 4. City shall inspect the construction work herein required to be done and, if found to be in order upon completion, City agrees to accept said easements and subsequent maintenance and operational responsibilities. 5. District, upon notification in writing of contract award for the works described above, agrees to permit the removal of Harbor Dam and appurtenant works. -2- fi •Y i 1 2 3 4 5 6 7 8 9 10 11 12 13 ML! 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 :w�B,C�:CIECR9i.FiR .Lul.'aitt.t.i. 6. Upon notification of City's acceptance of the completed viorks and the granting of easements as provided in 4 above, District shall quitclaim to Irvine all its rights in the flood control casement over Irvine's property described in Exhibit A, sheen on Exhibit B and by reference incorporated herein and made a parr of this agreement. 7. Irvine and City agree to indemnify District against and to hold District harmless from any liability for loss of or damage to property, or injury or death of any person whomsoever, occurring as a result of District permitting the removal of Harbor Dam and the attendant change in drainage conditions pursuant to this agreement. 8. In the event that the works herein proposed for any reason have not been completed within two years from the effective date hereof, District may do whatever work necessary to restore harbor Dam, retarding basin and appurtenant structures or to complete tna proposed drainage facilities so as to provide a level of flood protection equivalent to that existing prior to commencement of Irvine's initial modification of Harbor Dam pursuant to District Permit Noe 21965 dated December 80 1965. In such event Irvine agrees to pay to District any and all costs incurred by District in perform - ing tho restoration or completion work required and subsequently this agreement shall terminate and be of no further force and effect. IN WITi3ESS WHEREOF, the parties hereto have caused this a.are =ent to be executed by and through their respective officers 3 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21'. 22, 23 24 25' 261 271' 2i 29 30 31 32) 4J i?rr.' Cho day and y0ar first 4wv* wri.tteas Data:_ M6 Y 3 1 1966 �ORIGINAL SIGNED BY H. G. OSBORNE �ii. 1a��31.0I'L1Ci� fir �ib1 Tby' S3�il' ' �S a AS TO r.c=: v Y C( E�L G7 uy �3T;CL I) ' iow•ia A74 TEST Z=-092Lc:L0 Clark of acrid Board A Sy yor Ira IRV=E cavA. $y cd Mazidont $y w6s =E sourecAry 1 z�„cfi "'iS!' -z r 2i II 3 For and 111 Conaldamtloa of tho a= of O.-.o Do11ac ( ;x.00) i' �I cud Atllar vcllur ola aollaldorar plan, Y:'u, tho urlCa: sl ,ivoH, Ho korab; r zra= 5 to t.'1a OA&?,V {% COUNTY FLOOD Oimf m Disr,".'yTf7;,' of Ca2l:oraiu, a g hcrpotual "ooment arld rleht of way for flood control pu_rporeo and tho 711 rl+,YLt to oOZY:;Lruat, .r000rAtru4w,. oporato "d mainta" a flood eontrol. 8 d=" . Q a LLS~; uaal.n, spillway, "Al AppurtonanL atruOturoa, For flood 9 �! corltml pulnooaa over. and upon Vao Xoll.owl ; daaorlued paroola of lazed, 10 to wi 12 All that poi -tion o: Trot 445, ')locI: 94, .Irviao sub• C:iV' Z10ra PIS C- 40.431 by rQCOr d0d ill 1a004 1, i .:.L C eo* 13 .- ...c33. areou;: },nco;, r., rccaa r.s of •GrF3j�'!,Q Cou.Zt;/a C ;;-"U o. :.a, rG;r occu;�xc�ri 'by thcLt oartain low dciz, rotrx 1 :�►, cowid Si��,�LL:teii_nt at,:ouoiu esx sit,.vLr1ted In the o-. Orly portion, Oi cald Lot raw i5 Ir, of 9 :Lr> foot in vidth partly ; pj A. to 445 and 'f3.s,`.`tly In k'racV'?ozl::I `..QCY1031 j11, lal'iai°iYlj? � �OuVala A .1�,d l0 vGv, ,;. :.. _.. c3 :. �iac u02:4, � _tiCL BGLrt.l�w�_T'i,f ta,+ tr a l .. q ° 17 �,' � � u.14tt ,i.0 it ^Gt iiOY+' -:'do �'.. 1.,;, O'1' L�C io� a.Sillyl; Ga..CT'ZJ�iI. 11.1o. 18 iC I :.TY1:1' r:?. homy .lit 0a1d Lot 445, r., look 940 C' :: Cu .U�,i:.'C .. � 00 00 , ©.GU ZLaS from .r.10 P. i. of 19 II :rat Oorta n cue va 0. ?O-0 aoat r :r.5.uo In the Cuil:lJ�� `l '3 of :.,pr ovud b'Y VA-0 Couat f of Or tiij 9, 1;41071 20 ?.1w ourva, is 1,1i0-x1 cis Cau•; °ce 1'o. 14 oa :! <.:I� . Du f Si r»" A 9.; •! � � 976- in 10ok i JI %t. O ..i�,1rt'� O,t `C7,^ 000. dud •1:1i:i0 11, l.i� a UiDa . 21 . rxUi. ... 017 Ga :1•Y..G..t?.1 01 C' t.".Q ,.OLL'i t,r, ii'llln i . 1•21 :. i. iQ:VO cY TJC.iC Oi y, 22 :21. 33 Ov v to an :l l.3ii....11 ..• f:C �i`� u.. d l.a.;::: t;:ShjO21t t0 c•,,:.1µ GGL.,.,.:J AO. l' }, u.b;rvliL :u ..:.:'`..Ail .a. 4-0 005' 46.4 23 II _clot Loo, tho i1,. 11% is q. Q31ti0232C, r,:'r;;oS'e; .,:.ur• O C013t <L'i1 +�) 2• liQ Cv 0 c•a .On c+ more Or loca o ..h0 iiorth-oaz".crly 24 it Z. Bulhhoad 11143 of Ts.lboa aCIand c`."3arnal as *hown ou 25 1zGj) Ci City o° Wo j Qrt �a Oh u0:1- OVIVed to �'ali arj 12to 19379 ' 20 I 27 !,Z:L th 3t ;sortlors of Lot, 1"6* _+3.00lz 93, Irvine ulvlslo 2 cx --110.114 'b j zrx-p r ecordod In 200% 1, Sp 0 63, i 28 -'O11zX1FJOUo I1"Ord ipcp r ecOrda 0 ("3n— Colzty, it ^ 9 , . t. ,�.11 :t):'Yi1Zt, 3104. 00..13�_l:4 i:,� �l...0 CE`7'w.131 low dG."S, Y'J:.. S aG 29 it vA 1r1, Gp111wiiy r^I3`. F` >7urtQ1listlr Qti"lia'4Ul °O t1, aliriia'�rC3d In iiJ3 wo t-orly portion oZ aald Loto 32 E•XHIB•17 A � AGREEMENT I,JO, M566-000D0I Z35 2 . 3 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 �DzI 25 26 27 28 ii 29 I r 30 3i it 32 I (;'rantor 1u.reby rasarvoo .the ri&ht to, In stull and/or orte:.d, �naini`oio anduse. /'odds, uses `:othor rplpol7.nes, pouerllnes, conduits and , ; over,o %ns iurder Said-right of way and works. thereon provided the camo are installed, eXtonded, maintained and used in ouch manner as not to liitorforo with Via purposes atstod or implied in this easewont. Tho j. �rartor, its aEt ntz or o:aployees sh 11 navr, the Free ant unrestricted, a'b the use offhe surface ofsoiv'ri9h�ofway andThe riyhf uut raavoaably exercised, right^of.orosoi.-„ and rocrossina any, such uor:is so constructed for aoccs to lands of Lhe grantor, In any way that �oea -i10� intorfere'with. the nroppr operation or maintenance of said worsts for flood control pu poco4, C-rant-or also rrants to 14rantee rights of necessary ingress ana egraEs .rom, the sa4d rights of sway for the purposes aforesaid over Iands of grantor adjacent to said ri;cats of way by the shortest And ssos*� pr eticable route or routes from and to the nearest public road or r oadu L"ow exlstir,8 or heron for catablished, and over and raon�; said rizi.,tG OX, Crayltor does. for iteolf,. Its successors and assigns, hereby re10.30 6r:ir1 Distriot, Its agents, servants, "id azplayees from any 11ability whatever arisinw Out of the use of.Vho above described land fog the purposes stated or L -911od 1n 'whin easowont. 114 VI i SS VzzinirO1'^, to h1 Lve hereunto Oat our hand and Goal& -41,40 .1,. O day o., �CTd6�°r l�i� �• 'The I. RYlNE- Corr, ByJ_ ✓omen Irvine, Ores. o, v, G� i ,j LEGEMD • � i �...- � Eas¢m¢n+ to 6a convayad s •j1 �r to Ct+y of Alawpor+ 6¢ach ' t).G.I=G.IJ. ¢asam¢nt to be.' quitclaimad to Irvine. Co. V3' Yl.� QpRG._ so A1� i u- - M• ��l�i � .�.___'- a ^, Scal¢ I•'�300' S /`, -r.� - ♦ G r .. _ U.S. BULK" H E40 U, NC AG2EEMENT t�lQ ^N13&(D -GOO DO1 -23B - ...., SGALE 1%,M06. MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA May 31, 1966 /164-172 IN RE: AGREEMENT RELINQUISHMENT AND REMOVAL OF HARBOR DAM THE IRVINE COMPANY CITY OF NEWPORT BEACH On motion of Supervisor Allen, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated May 31, 1966, between The Irvine Company, City of Newport Beach and Orange County-Flood Control District, providing for relinquishment and removal of Harbor Dam. IN RE: PEavilT CONSTRUCTION OF SANITATION OUTFALL PIPELINE AND APPURTENANT STRUCTURES ORANGE COUNTY SANITATION DISTRICT NO. 1 On motion of Supervisor Featherly, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign Permit No. I 06566, between the Orange County Flood Control District and Orange County Sanitation District No. 1, to construct, maintain and operate a sanitation pipeline crossing of the Talbert Channel. I IN RE: RESOLUTION FROM HUNTINGTON BEACH CHAMBER OF COMMERCE SUPPORTING ORANGE COUNTY FLOOD CONTROL DISTRICT BOND ISSUE On motion of Supervisor Baker, duly seconded and unanimously carried, the Resolution from the Huntington Beach Chamber of Commerce jsupporting the Orange County Flood Control District Bond Issue, is received and ordered filed. IN RE: CHANGE ORDER N0, 2 A SERVICE ROAD, MAC ARTHUR BOULEVARD STORM DRAIN AND UTILITIES ORANGE COUNTY AIRK, T GRIFFITH COMPANY, CONTRACTOR On motion of Supervisor Phillips, duly seconded and unanimously carried, Change Order No. 2, to the contract for construction of a Service Road, MacArthur Boulevard Storm'Drain and Utilities, with Griffith Company, Contractor is approved as recommended by the.Chief Engineer of the Orange County Flood Control District, and the Director of Building Services. � kcCcIVED JUN 3 1966 n ^101(7F Crn 1NIY N .i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AGREEMENT .... fLOOIU ( UN I KIEL 4;/ffw1 MAIN Fak �ilgreement No. NS66GOODO: THIS AGREEMENT entered into this day of 1966, BY AND BETWEEN AND THE IRVINE COMPANY, a West Virginia corporation, hereinafter referred to as 'Irvine ", CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as 'City", ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, herein- after referred to as 'District ". R E C I T A L S A. Irvine is the owner of certain real property in the City of Newport Beach, Orange County, California, within Lot 445, Block 94, and Lot 446, Block 93, Irvine Subdivision as shown by map recorded in Book 1, Page 88, Miscellaneous Record Maps in the Of- facial Records of Orange County. B. District, subsequent to the November 15, 1944 granting by Irvine of an easement for flood control purposes, has operated and maintained Harbor Dam, retarding basin and appurtenant structures providing flood protection for property lying between said Harbor Dam and the Bulkhead line of a portion of Newport Harbor identified as Balboa Island Channel. I C. Said easement, conveyed by instrument in the form of Exhibit A. attached herewith and by reference incorporated herein as a part of this agreement, and recorded on November 15, 1944 in Book 1291, Page 27 of the Official Records of Orange County is shown on Exhibit B of this agreement. D. Irvine wishes to remove said Harbor Dam and use the land occupied by said dam and appurtenant structures for purposes other I I1 than flood control. 2 E. The parties hereto wish to establish the terms and con - 3 ditions upon which District will relinquish its obligations and rights 4 in the aforesaid Harbor Dam and appurtenant structures, and the manner 5 whereby Irvine and City shall subsequently provide for the operation 6 and construction of adequate drainage and flood control facilities 7 for the protection of property now dependent on the existence and 8 the adequacy of Harbor „Dam and appurtenances. 9 W I T N E S S E T H: 1p---- - - - - -- 11 1. Irvine shall cause to be prepared engineering plans and 12 specifications for the construction of drainage and flood control fa- 13 cilities providing capacity for unretarded storm runoff from the up- 14 stream side of Pacific Coast Highway to the Newport Harbor-Bulkhead 15 line under conditions of ultimate urban development. Said plans shall 16 be submitted for the approval of District's Chief Engineer, which 17 Engineer shall withhold approval only for good cause based on good 18 engineering practice. - 19 2. Irvine and City agree, at no cost to District, to con - 20 struct said drainage and flood control facilities and to complete said 21 works prior to October 15, 1966. 22 3. Irvine agrees to convey by instrument to City the neces- 23 sary easements for perpetual maintenance of drainage and flood control 24 facilities referred to in 1. above. 25 4. City shall inspect the construction work herein required 26 to be done and, if found to be in order upon completion, City agrees 27 to accept said easements and subsequent maintenance and operational 28I responsibilities. 29 5. District, upon notification in writing of contract 30II award for the works described above, agrees to permit the removal of Harbor Dam and appurtenant works. 32 -2- �j 1 2 3 4 5 6 7 8 Rej 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29I 30 31. 321 A M] 6. Upon notification of City's acceptance of the completed works and the granting of easements as provided in 4 .:',rove, District shall quitclaim to Irvine all its rights in the flood control easement over Irvine's property described in Exhibit A, shocm on Exhibit B and by reference incorporated heroin and made a part of this agreement. 7. Irvine and City agree to indemnify District against and to hold District harmless from any liability for loss of or dcmaga to property, or injury or death of any person whomsoever, occurring as a result of District permitting the removal of Harbor Dam and the attendant change in drainage conditions pursuant to this agreement. S. In the event that the works herein proposed for any reason have not been completed within two years from the effective date hereof, District may do whatever work necessary to restore Harbor Dam, retarding basin and appurtenant structures or to complete the proposed drainage facilities so as to provide a level of flood protection equivalent to that existing prior to commencement of Irvine's initial modification of Harbor Dam pursuant to District Permit No, 21965 dated December 8, 1965. In such event Irvine agrees to pay to District any and all costs incurred by District in perform- . ing the restoration or completion work required and subsequently this agreement shall terminate and be of no further force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agroement to be executed by and through their respective officers _3. i 1 2 3 4 6 T 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28' 29 30i 31 32� nao -u II 4G of tho day and year drat above written. f)ata: MAY 311966 Jig AM"Mi °ALL ORIGINAL SIGNED BY H. G. OSBpO-RRNNe U. Qua. G3�OY�.GIy C 1 iL:i� $ rtp w..r• ^fir ^!L Gr .`s Z`? Date; ,t ASST: W, E. Si ,50:"33 iCo=ty Clo:k Ezd Eu•offjC40 CIC=k 02 eai8 Board of Sws• or+s 1 /7 If A mayor 'ME 7(s'2MS C(1/1=4 $7 Ca rea aC Sy -4• - I . 1 2 3 ri 0 6 7 8 ' 9 10 11 i2 13 l� Io 16 17 18 19 20 21 22 23 24 25 26 ; 271 ii 28 29 30 i! 31 32 ii I I II i n i allo fir' !t'�'vor �ia c� /✓w I -- lq.�( of a�•k 9l' !"'Pryer .r7 For and 511 Conoidcr;Aioa of tho a= of Ono 3oIlex ( 1.00) ?A4 Ot":24r v:U`.tut0lo Co12aidorr tied, wo, the %uider $iCnad, do korolq to t.ia 0 %1ai.&' i;pi:itl ZaOpO CGIMOL D16:RIC.p SUS a of Cullforalu, a wxGomont and rii;3it of way for Flood Coiatrol purpozes ar4d tho .2z;.t to ooastruet, .r00oratruat,. opa,ate dttd ta+S.ntoin a 2loocl control. uaalny a;)illa(al, C:r"* App urtonant atructurca, For flood cor.tlm2 purposea ov4r. upon Vao foll/owZnG desorl'oed paroolo .of lard, :, tioa 61" Lot 4450 Uoc-k 94# .irvina su9- C7•. \r,:$.:O\r • ^..% c?lO' „'Sl by :::•::2J rQcor dod ill Pool: 1, Ilac. C {guy .12CCU3 ? l3.Y COti 1 } :nCO ti. �w�3C, : CCO: GS G: crack!'e county, Cantu :.ay now occupied by th&t certain tea dcc:,, rotrar,:SiI& P 1 Y � He \'.y ,., tr A l to In i _ i�fld r[ •tnc^i, ijl��qu.p W:1� :' -lit �({j u} {j{)i �.�: {: C, �i� Y�ih YIiK .1.1[ tt2(� iii Y'�a ��% portion of Ga ld Lou izL 0 ct_ 4 of 1a�.3 LI> fc�z in 1�i(it12 pa, tly i l Eaiti Lot 445 and pza%tly in F1 aCt.4.Gv.,a.l - «uctloll j6* Town.nhIp 6 Sout`uy • iii,;,;. /Z�,Ii 1p '+1i (i Y, J♦ t. _.• f,'� ?...• .4i'iIA \iO.L \Li 5 il.Ct L'+d 411ui'r oY�i'1y% nd ,i•Q ocot nortl.•.t. 03 tho iollo lrg tC.•.crZ ilt. li -2CJi lY2C :L i:c Ji . . -4 r.'i`.1Ci Lot 445,, n-ock 94, i,..Ic.`a bc a rr. I. 430 009 QJh ., 20.00 :Coat from too D. I. of i:lut 9CrtA°.: C(?t "r^::;” ^a 1 q' "' O� J.d1' Si t.LQ L'Y Ii V�� 1�i'.. Z ve ao Improved by t o County o: or t :2r G, ::aic : 121: n c n ro .n, 01: f e is iio n ai ; ':fGi� f'C 1' U. lk O.i a :... :F� DDel.. f -tI..'t�. " n T ;,r ' � i0 12, 1� 3111, in I7ook G; -0, GCa� O.[ %C7 � OGGi CitlG •111. t' Oo-c'o 0, t2 ,a .,oLu'i Ypy O'iaiuy a7U Ai01:v0 f 'vffi N..q x �p.iG O^ �11 V s 1 � :' :• 22,�, Ji i0a•t i.0 an :012..0:... ... »G12 iii t \. ci 1111.. t,»I1L•,.,J:. to c "9. ` Cots.'• ^,? ;o. 14 y 1' ,.. ,.,...,.,,.)0 . !' ° r'� " ", �sci. l ,Y+ y , r:. 1 li..Lr 4(YOiY Y:i :: i rl l8 I�/ V� 1p 47 • 140 0 v .)vG .: the P. I. i..(3niiOli;.C. ii:v(S�L'p' ti20n:,a C012t.4i1'.S..Yti Z. 600 00 Ov" 2`T,'3 i00t =are or 103a to tho j Bull:'ac a d Ilu�s of B,,Xk.>oa X c3 and C :arv,101 as o n on ir;> CA C3.'ttir, Of 110 Mj Qrt ZOa0h as : MV100d to JCMUCr.1 lZt, 19379 111 (o2Dt ;2ortion of loot 146, Blo01L 93y 1+•"Vim G.ili Or2 i:D i10-a1': .iy Ii1::5'9 : t;CO. Ci0C2 il. •40ci. ly Pe.,,C t>uy i-;13i )11,;,nuouz Record iecordc O: 0.ra the countys Csal"Z'm fiat i2oi's o"hupyCd that cert:}i.a low dal, rot d—IrG bazIn, zp$11viay and appurtoivut sti"lictwoa, altua'Yad in U10 vcrtorly portion o sale, Lot* E•X H I DTI". A. 1 AGREEMENT t,JO. M5646- GOOD0I 7,35 Ovantor iw.ro*oy, roservoo.., oho rlzhT, Liu. 4-Astall and/or oxtead USCS 2 pipellnoc, powe-llnes# conduits and" other wo� over,, alano, 3A u r c1- azd'ac.roaz said•ri&ht of way and works, thereon provided the samo 4 are Installodo e",-tandeda mi ntalned and used In such manner as not to ;;.atarfaro with ta-a purpoacs statod or Implied In this easmont. . rlao 6 a t 0 V., its aE;t,�rttc or O...-ployeas shMIl lrvo the free ana unrestricted, .7.'o the use ol'lha ae1---,'27ca 7 but rcasor- Sly exercizeaO rlFhtA of oro3siiZ and'rocrossInG any, such 8 vioxza so c= tructad for aooac,s to lands of the grantor., In any way 9 ',;;iat aoes iioto interfere "with .1;aa propqr operation or maintenance of '10 said Vlorks for flood control PLIZVO00ap Grantor also grants to Grantee rights of necessary ingress 12 i and ear 3„s from. the zald rights of way for the pwAV. oacra aforesaid over 13 lunfls of ZraAtor adjacent to said rlS4ts of wry by the shortest cncl 14 Most praaucable route or mutes from and to the nearest public road.or 15 -OP-da Zzw existing or heroaftor established, and over and aloes; said 16 I riz,14ts 04" 17 Graator does for Itsolfl,. Its successors and asslt-As# hereby lE rolease said Dlstrlot., its agents, aervan tsi, and a=ployace from any 19 liability vLateve.- arising out of Via use of.tlxo above described 1=1 20 for the purposes stated or iLvllod I'a this OFAZOlawlt, 21 22 IN V-11TTA7405 W'*X-,'ZOF# hiLva hereunto out our hr rad &ad 23 I coals t"s .90 7h OC/06&/l 194 n -2" Zo C . 1ti I; Qi> � p a o/ L� L � V � � ion • LEGENJO • � ( �— � -- - �� � Eas¢men+ to Ba convayad }o C1iy of Uawporf Beach 0 , C.C.rC.0. caseman+ fo be quitclaimed to Irvine Co. • .gyp ti w\ � (i � � � °� 80 J, I!' U.S. CULK�. HE1D l�Nd AGQEEMENT tQ P MS (o(o- G00'001 • 23 8 H. G. OSBORNE CHIEF ENGINEER ORANG41 COUNTY FLOOD CONTROAISTRICT P. 0. BOX IOM BANTA ANA, CALIFORNIA TELEPHONE: 034 -2300 AREA CODE 714 I*PV I fr. 1966 Laura Iagois Acting City Clerk City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Dear Madam: 400 WEST EIGHTH ST. SANTA ANA, CALIFORNIA, 92702 FILE No. GOODO1.63 . 966 CITY Of %:l �/ tuE{tr'RORT �`�-( �CAlltff.. ` In response to your letter of October 25, 1966, enclosed for the city's files are two copies of Agreement No. MSGOODOI -23B between The Irvine Company, City of Newport Beach and Orange County Flood Control District providing for the relinquishment of the district's easement for Harbor Dam. A fully executed copy of the agreement was submitted to the office of the Director of Public Works of Newport Beach and to The Irvine Company on June 9, 1966, RDB /jt Enclosures cc: The Irvine Company Attn: Frank Hughes Very truly yours, C. R. Nelson Senior Civil Engineer ORANGAOUNTY FLOOD CONTRA DISTRICT lJki Ile. GOOD01.63 L-ura Lagois Acti ag Uty Clerk :i *_y L)f ^'-�-;port Beach 3300 Wesi: ce;port Boulev2rd Ne -port B =::d:., Cslifornie: Cnear M -nd -:r : \v In response to your letter of October 25, 1966, enclosed for the city`s £_lec arc two copies of Agreement No. ySCOOD01 -23B ® het ee_: ' -'.a Irv4.ne crp. ^n; , City of tie:;port Beach and Grange County rlood 7n*_rol District providing for the relinquishment of the istrirt':, easerent fcr tkrbor Dan. <: fully executed copy of the <.greement uas subsiittad to the office of the Director of Public ;forks of Newport Beach and to The Irving Compam- on June 9, 1966. YVery truly yours, R. Nelson Senior Civil Engineer RDB /jt Enclosures cc: The Irvine Company Attn: Frank Hughes { Orange County flood Control District 400 West 8th Street P. 0. Box 1078 Santa Ana, California Gentlemen: E October 25, 1966 On May 24, we sent to your office the original and five copies of a joint powers agreement betwean the City, The Irvine Company and the Orange County Flood ContYOl District. May we please have two copies of this agrMmant retuned to us so that we may have one copy for our files, mid cne to transmit to The Irvine Company. Thank you. Very truly yea Laura Lagios Acting City Clerk City of Newport Beach dg oc: Public Works Dept. City Attoaney v'•c. ..:a6 ,...y:.. . ,... .: :.._ ... � . .�._w�,..dzrEifi'��SL..ucr+`ci N MR IN i 11 F- J ORANGAOUNTY FLOOD CONTR* DISTRICT 1,I N, y MG Mr. Joseph Devlin Director of Public Works City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Dear Sir: No. COODO1.63 Enclosed for the city's files is a fully executed copy of Agreement No. MSGOOD01 -23B between The Irvine Company, City of Newport Beach and Orange County Flood Control District providing for the relinquishment of the district's easement for Harbor Dam subsequent to the city's completion of required downstream storm drain work. Also enclosed is a copy of authorizing Minute Order of the Board of Supervisors. CRN /dmt Enclosure Very truly yours, Nelson Senior Civil Engineer May a4, 1966 Orange County Flood Control District 400 West 8th Street P. O. Box 1078 Sent- Ana, California Gentlemen: Attached are four fully executed copies and a certified copy of Rec;olution No. 6369. authorizing the execution of a joint powers agreement between the City. The Irvine Company, and the Orange County Flood Control District, regarding the abandonment of Harbor Data and retarding basin. The Council of the City of Newport Beach adopted said resolution at a regular meeting on May E3. 1966. Yours very truly. MARGERYSCHROUDER City Clerk Deputy City Clerk lcl cc: Public Works Dept. City Attorney Encl. 0 MAY 239 i966 T0; CITY COUNCIL FROM; PUBLIC WORKS DIRECTOR _ (� SUBJECT; EL PASEO DRIVE - IRVINE TERRACE PARK, STORM DRAIN; JOINT POWERS AGREEMENT FOR ABANDONMENT OF ORANGE COUNTY FLOOD CONTROL DISTRICT FACILITIES RECOMMENDATION. ADOPT A R.ES000TION AUTHORIZING THE MAYOR. AND CITY CLERK TO EXECUTE THE SUBJECT AGREEMENT. DISCUSSION THE ORANGE COUNTY FLOOD CONTROL DISTRICT PRESENTLY OPERATES A SMALL DAFT AND RETARDING BASIN NORTHERLY OF PACdF!C COAST HIGHWAY IN THE NA'TU'RAL DRAINAGE COURSE: TRIBUTARY TO THE En PASEO DRIVE — IRVINE'. TERRACE PARK STORM DRAIN. THE DISTRICT AL50 HOLDS EASEMENTS FOR THE DAM AND RETARDING BASIN, AND FOR A S'OR4 DRAIN EXTENDING FROM THE OUTLET AT THE BAY UPSTREAM FOR APPROXIMATELY 500 FEET INTO EL PASCO DRIVE. THE LATTER FACILITY WAS EVIDENTLY ABANDONED WHEN THE EXISTING DRAIN IN E- PASEO DRIVE WAS CONSTRUCTED AS A PART OF THE IRVINE TERRACE IMPROVEMENTS. A JOINT POWERS AGREEMENT HAS BEEN PREPARED BY THE FLOOD CONTROL DISTRICT SETTING FORTH THE CONDITIONS UNDER WHICH THEY W`LL ABANDON THEIR FACILITIES AND INTERESTS, AND WILL PERMIT THE DAM AND RETARDING BASIN TO BE REMOVED- THE A.CREE',MEN'T GENER.AL.LY PROVIDES THAT UPON SATISFACTORY COMPLETION OF THE JOINT CITY - IRVINE COMPANY STORM DRAIN PROJECT, THE DISTRICT WILL REL ➢NQUISH ITS INTERESTS. INASMUCH AS THE IRVINE -CITY PROJECT WILL PROVIDE .A DRAIN OF ADEQUATE CAPACITY EXTENDING FROM COAST HIGHWAY' TO THE BAY, THERE WILL NO LONGER BE A NEED FOR THE FLOOD CONTROL FACILITIES TO EXIST. UPON COMPLET;ON OF THE PROJECT THE CITY WILL MAINTAIN THE EL PASEO DRIVE - IRVINE TERRACE. PARK STORM DRAIN. F'A.C14IT&S IN THE SAME FASHION AS OTHER LOCAL DRAINAGE FACILITIES LOCATED IN PUBLIC RIGHTS OF' WAY AND EASEMENTS. BBN:VR I !ECTOR tax � t'. ° ter: 171i. �#� 4 2 tiUia ° *AC it AUTMIZUS TO V=r'TTA)4 ae AN AGgfMM 'r LTIA T9 AVM COW&VT AM 'rdr' 31 COUM FLM coN ei. f 4 W . AS, th"a bas be en Presented to the City Catipail of 5 the City of art Beach a proposed amt ba"*saet The lrv't 6 7 Cepmpssy, tine, City of art Beac h, anA the County 'load 81 Control "istrtet providing for the reawsl Of UstbW Vw Md sprpurteeiun t ,tics whiab We Operated a" agintained by tbo TdDttiet 9 10 and tine *ub**q cnt cQft%tn**tion end ation by The Irvine COY 11 a4 t.!w City of adequate drag and fl."d e0stV01 tsci:li"Aw for the protection of property mw eldest on issrboar Don sad - 12 ton nces; and 13 the City Council has aaosidered the tosao and 14 eoaditlena of the agreement and found than to be fair aed ,Ntiitable 15! 16 I iW, TUREFOU1, a 1T x"GaND that said t to 17 approved and the rayor and City Clot iota aWthoetwed and directed to esa msto the sacs an babalf of the City of import sesch. 18. 19 A90rM tbie ,� . "Y of � f(' yax 21 Vice - �►'Ti 22 24 Deputy 25 26 27 28 29 30 31 32 cllv--�I-C-�t r ZK �3 � - .2- To: From: Subject: CITY OF NEWPORT BEACH V* WAFN Wile) . City Clerk City Attorney May 24, 1966 Agreement with The Irvine Company and Orange County Flood Control District e _J�V6 Transmitted are the original and four copies of the subject agree- ment, execution of which was authorized by Resolution No. 6369 adopted May 23, 1966. THS :mec Atts. Tull Se r City Attorne �y CITY OF NEWPORT BEACH ,. V. I* To: City Clerk From: City Attorney Subject: Agenda Item Iy13 0 May 23, 1966 '(.3 The attached resolution, if adopted by the City Council, will authorize the execution of an agreement with The Irvine Company and the Orange County Flood Control District providing for the removal of Harbor Dam and appurtenant works and the construction and operation of new flood control facilities. THS :mec Atts. cc - City Manager Public Works Director Tull Seyq6,4r City Attorne i 0 MAY 239 1966 TO. CITY COUNCIL FROM, PUBLIC WORKS DIRECTOR SUBJECT, EL P.ASEO.DRIVE - IRVINE TERRACE PARK STORM DRAINI JOINT POWERS AGREEMENT FOR ABANDONMENT OF ORANGE COUNTY FLOOD CONTROL DISTRICT FACILITIES RECOMMENDATION, ADOPT .A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SUBJECT AGREEMENT DISCUSSION, THE ORANGE COUNTY FLOOD CONTRO:, DISTRICT PRESENTLY OPERATES A SMALL DAM AND RETARDING BASIN NORTHERLY OF PACiFiC COAST HIGHWAY IN THE NATURAL DRAINAGE COURSE TRIBUTARY TO THE EL PA3EO DRIVE - IRVINE TER,R.ACE PARK STORM DRAIN. )°HE DISTRICT ALSO HOLDS EASEMENTS FOR THE DAM AND RETARDING BASIN, AND FOR A STORM DRAIN EXTENDING FROM THE OUTLET AT THE: BAY UPSTREAM FOR APPROXIMATELY 500 FEE -.T INTO E- PASE.D DRIVE. THE LATTER FACILITY WAS EVIDENTLY ABANDONED WHEN THE EXISTING DRAIN IN E- PASEO DRIVE WAS CONSTRUCTED AS A PART OF THE IRVINE TERRACE IMPROVEMENTS. A JOINT POWERS AGREEMENT HAS BEEN PREPARED BY THE FLOOD CONTROL DISTRICT SETTING FORTH THE CONDITIONS UNDER WHICH THEY WILL ABANDON THEIR FACILITIES AND INTERESTS y AND WILL PERMIT THE DAM AND RETARDING BASIN TO BE REMOVED. THE AGREEMENT GENERALLY PROVIDES THAT UPON SATISFACTORY COMPLETION OF THE: JOINT CITY- ,IRV'INE. COMPANY STORM DRAIN PROJECTy THE DISTRICT WILL RELINQUISH ITS INTERESTS. INASMUCH AS THE IRVINE -CITY PROJECT WILL PROVIDE A DRAIN OF ADEQUATE CAPACITY E:XTENDING FROM COAST HIGHWAY TO THE BAYN THERE WILL NO LONGER BE A NEED FOR THE FLOOD CONTROL FACILITIES TO EXIST. UPON COMPLETION OF THE PROJECT THE CITY WILL MAINTAIN THE EL PASEO DRIVE - IRVINE TERRACE PARK STORM DRAIN FACILITIES IN THE SAME FASHION AS OTHER LOCAL DRAINAGE FACisiT ^.ES LOCATED iN PUBLIC RIGHTS OF WAY AND EASEMENTS. N DE T IC RKS DIRECTOR BBN,VR