HomeMy WebLinkAboutC-1073 - Agreement to provide sewer service outside CityAugust 28, 1970
Pacific View Memorial Park
350Q.Pacific View Drive
Newp¢rt Beach, CA 92660
Attention: Mr. John Vibert, President
Subject: Amenctnent to Sewer Service Agreement
re Com eneeme nt of Annexation Proceedings
Enclosed is executed copy of subject agressent which was
authorized by the City Council on August 24, 1970 by the
adoption of Resolution No. 7265.
Laura Lagios
city Clerk
LL:awk
enc.
cc: City Attorney
Planning Director
xw
7 1>65
OF NEWPORT a"" M=MTZINQ THE MMOMON or
'1. :!.' 1 9r; W ... s_' UACH
RFA,S, theca has boom presented to the City Council
of the City of Newport Sakab an amendment to tbo AgroamMat dated
October 120 1%60 between the City of eswprodrt heaeh and fteifte
View hlamoriol Nark which provides for City sower service to laud
outside the City, to incorporate a provision for this oomnasntem,mat
of annexation, proceedings by.ismory It 1974„ as to certain
eamstery property; and
WN02AS, the City Commail has camMored the terms and
conditions of said.amendmsat. and found them to be fair and
oduitabloh
Uwe TMWFMI; U YT RLSOLM by the City Council of
the City of Newport Bosch that said anendmmat to tbo saver service
agreement abe" described is approved, and the Mayor and City
Cleft are hereby authorised acrd directed to exacuts the same can
behalf of the City of Newport Beach.
ADOPM this 24th day of August. 1970.
ATMST:
Cfty ClArk
mayor
THS smh
8/19/70
\ I
TH ?mec
946/66 (7)
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AGREEMENT TO PROVIDE CITY SEWER SERVICE
TO LAND OUTSIDE THE CITY
THIS AGREEMENT, made and entered into this /a day of
1966, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, hereinafter referred to as "City ", and
PACIFIC VIEW MEMORIAL PARK, a California cemetery corporation,
hereinafter referred to as "Pacific View ";
WITNESSETH•
WHEREAS, Pacific View is the owner of certain real
property located outside and adjacent to the boundaries of the
City of Newport Beach, which property is shown on the attached
drawing marked Exhibit "A" and is described as follows:
That portion of the northwesterly half of Block 96 of
Irvine's Subdivision per map recorded in Book 1, page
88 of Miscellaneous Maps of Orange County, California,
described as follows:
Beginning at a point in the southwesterly prolongation
of the southeasterly boundary of that certain parcel
of land described in the deed recorded December 20,
1957 in Book 4143, page 395 of Official Records of
said Orange County, distant thereon South 48° 21' 42"
West 72.11 feet from the most southerly corner of said
parcel; thence along said prolongation and said
boundary North 48° 21` 42" East 522.80 feet; thence
leaving said boundary South 550 06' 50" East 1088.95
feet to a point in that certain course described as
South 400 23' 52" West 1311.50 feet in the deed re-
corded as Document 158035 December 17, 1958 in Book
4518, pages 207 et seq, of said Official Records;
thence South 40a 23' 52" West 281.50 feet; thence
North 840 40' 58" West 729.27 feet; thence North
410 38' 18" West 565.00 feet to the point of beginning;
and
WHEREAS, Pacific View has requested that the City
Council authorize it to connect with and use the City sewer system
to serve the above described property; and
WHEREAS, Section 14.24.100 of the Newport Beach Munici-
pal Code provides that no person shall connect property located
outside of the City with the City sewer system without a written
permit from the City Council;
NOW, THEREFORE, in consideration of their mutual promises
I the parties hereby agree as follows:
2 1. City agrees that Pacific View may make connections
3� to the above described parcel of property consisting of 13.32
4 acres with the City sewer system in order to provide sewer service
5 to said property.
6 2. Pacific View will at all times comply with all
7 present provisions of the Municipal Code, rules and regulations
8 of the City pertaining to the furnishing of sewer service and such
9 additional ordinances, rules and regulations pertaining thereto
10 which apply generally throughout the City as may be adopted in
11 the future.
12 3. Pacific View hereby waives all claims for damages
13 against the City and agrees to defend, indemnify and hold City
14 harmless from all claims, demands, liability, actions, or judg-
15 ments that may result directly or indirectly from the provision
16 by the City of sewer service to the above described property.
17 4. Pacific View agrees to pay to City a sewer connec-
18 tion fee in accordance with the provisions of Section 14.24.060 of
19 the Newport Beach Mumicipal Code.
20 5. The layout and design of all connections with the
21 City sewer system shall be in accordance with the requirements of
22 the Public Works Director of City.
23 6. (a) Pacific View agrees to commence proceedings
24 for the annexation to the City of Newport Beach of the above
25, described parcel of property consisting of 13.32 acres, being the
26 shaded area shown on Exhibit "A ", immediately adjacent to the
27 present City boundary, within one year after said property is con -
28 nected to the City sewer system, and to diligently pursue said
29 annexation proceeding and to cooperate in all respects with the
30 City to the end that the annexation shall be completed.
31 (b) Pacific View agrees to commence proceedings
32 for the annexation to the City of Newport Beach of the balance of
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the cemetery property c` ting of 126.68 acres, as shown on Ex-
hibit "A ", within ten years following the date of this, agreement, o
at such time as property not presently within the boundaries of any
city is annexed to a city in such a manner that city boundaries are
contiguous to more than 50% of the exterior boundary of the ceme-
tery property not presently within the City of Newport Beach, as
shown on Exhibit "A ", whichever event first occurs, and to diligent
ly pursue said annexation proceeding and to cooperate in all respec
with the City to the end that the annexation shall be completed.
7. Any failure by Pacific View to comply with any of
its obligations under this agreement prior to completion of the an
nexation described in subsection (a) of paragraph A of this agree
ment shall constitute grounds for termination of the sewer service
to be furnished to Pacific View by City. In the event of any such
noncompliance on the part of Pacific View, the City Council may
direct that a written notice be sent to Pacific View specifying t
nature of such noncompliance and setting a time and date when the
Council will consider termination of the sewer service to the ceme-
tery property. If, after consideration of the matter, the City
Council determines that Pacific View has failed to comply with any
term or condition of the agreement, it shall advise Pacific View in
writing of its decision and may direct that the sewer connections
between the City sewer system and the cemetery property be discon-
nected and the service terminated upon the expiration of six month
following the date on which the Council makes such determination.
IN WITNESS WHEREOF, the parties hereto have executed thi
agreement as of the day and year first above written.
C ITY .OF...NEWP-0 T BZ4C H
Bye
Mayor
ATTEST:
t ng y er
D� AS TO
PACIFIC WSW MEMOWL PARK
By
A ZEI*
a
'A -
0
AMENDMENT OF AGREEMENT TO PROVIDE CITY
SEWER SERVICE TO LAND OUTSIDE THE CITY
THIS AMENDMENT OF AGREEMENT is made and entered
into by and between the City of Newport Beach, a municipal
corporation, hereinafter referred to as "City," and PACIFIC
VIEW MEMORIAL PARK, a California cemetery corporation,
hereinafter referred to as "Pacific View:"
WITNESSETH:
WHEREAS, City and Pacific View have heretofore
entered into an agreement dated October 12, 1966, entitled
"Agreement to Provide City Sewer Service to Land Outside
the City;" and
WHEREAS, the parties to the aforesaid agreement
> ti:
wish to amend said agreement as hereinafter set forth below; "
NOW, THEREFORE, the parties agree that subparagraph
(b) of paragraph 6, commencing at the bottom of page 2 of sa i�.�:;
agreement, is hereby amended to read as follows:
"(b) Pacific View agrees to commence proceedings
by January 1, 1973, for the annexation to the City of
Newport Beach of the balance of the cemetery property
consisting of 126.68 acres, as shown on Exhibit
and to diligently pursue said annexation and to
cooperate in all respects with the City to the end
that the annexation shall be completed expeditiously."
-1-
IN WITNESS WHEREOF, the parties hereto have executed
this amendment of agreement on the -z 7 r day of gurusT ,
1970.
CITY OF NEWPORT BEACH PACIFIC VIEW MEMORIAL
By C - By
Mayor C
ATTEST: ATTEST:
C`Yty 'Clerk ''--
�ee P,z;7,4
APPROVED AS TO FORM:
City torney
-2-
THS•adw
7/29/70
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1i � (7)
1 #CREEKENT TO PROVIDE CITY SEWER SERVICE
TO LAND OVfStW THE CITY
2
3 THIS ♦GREBh6NT, made and entered into this Lai - day of
, 19669 by and between the CI'T'Y OF NEWPORT BEACH, a
4 is a
5 swnicipal corporation, bereinafter referred to as "City ", and
6 PACIFIC VIEW XWORIAL PARKe a California cemetery corporation,
7 hereinafter referred to as "Pacific View ";
8 WITS i
9 WHEREAS, Pacific View is the owner of certain real
10 property located outside and adjacent to the boundaries of the
11 City of Newport Beach, which property is shown on the attached
12 drawing marked Exhibit "A" and is described as follows -
13 That portion of the northwesterly half of Block 96 of
Irvine's Subdivision per map recorded in Book 1, pa 8e
14 88 of Miscellaneous Maps of Orange County, California,
described as follows-
15
Beginning at a point in the southwesterly prolongation
16 of the southeasterly boundary of that certain parcel
of land described in the deed recorded December 200
17 1957 in Book 4143, page 395 of Official Records of
said Orange County, distant thereon South 48° 21' 42"
18 West 72.11 feet from the most southerly corner of said
parcel; thence along said prolongation and said
19 boundary forth 48° 21' 42" East 52.80 feet; thence
leaving said boundary South 550 06' 50" East 1088.95
20 feet to a point in that certain course described as
South 40° 23' 52" West 1311.50 feet in the deed re-
21 corded as Document 158035 December 170 1958 in Book
4518, pages 207 et se q. of said Official Records;
22 thence South 40a 23' 52" West 281.50 feet; thence
North 84° 40' 58" West 729.27 feet; thence North
23, 41° 38' 18" West 565.00 fact to the point of beginning;
M '
25 WHEREAS, Pacific View has requested that the City
26 Council authorise it to connect with and use the City sewer system
27 to serve the above described property; and
28 WHEREAS, Section 14.24.100 of the Newport Beach Munici-
29 pal Code provides that no person shall connect property located
30 outside of the City with the City sewer system without a written
31 permit from the City Council;
32 NOW, THEREFORE, in consideration of their mutual promises
11 •
I the parties hereby agree as:lsllows:
2 1. City agrees that Pacific View may make connections
3 to the above described parcel of property consisting of 13.32
4 acres with the City sewer system is order to provide sower service
511 to said property.
6 2. Pacific View will at all times comply with all
7 present provisions of the Municipal Code, rules and regulations
8 of the City pertaining to the furnishing of sever service and such
9 additional ordinances, rules and regulations pertaining thereto
10 which apply generally throughout the City as may be adopted in
11 the future.
12 3. Pacific Viers hereby waives all claims for damages
13 against the City and agrees to defend, indemnify and hold City
14 harmless from all claims, demands, liability, actions, or judg-
15 ments that may result directly or indirectly from the provision
16 by the City of sewer service to the above described property.
17 4. Pacific View agrees to pay to City a sewer connec-
18 tion fee in accordance with the provisions of Section 14.24.060 of
19 the Newport Beach Municipal Code.
20 5. The layout and design of all connections with the
21 City sewer system shall be in accordance with the requirements of
22 the Public Works Director of City.
23 6. (a) Pacific View agrees to commence proceedings
24 for the annexation to the City of Newport Beach of the above
25 described parcel of property consisting of 13.32 acres, being the
26 shaded area shown on Exhibit "A", immediately adjacent to the
27 present City boundary, within one year after said property is con -
28 nected to the City sewer system, and to diligently pursue said
29 annexation proceeding and to cooperate in all respects with the
30 City to the end that the annexation shall be completed.
31 (b) Pacific View agrees to commence proceedings
32 for the annexation to the City of Newport Beach of the balance of
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0 0
the cemetery property consisting of 126.68 acres, as ab=M on Ex-
hibit "A ". within ten years following, the date of this agreement, a
at such time as property not presently within the boundaries of an3
city is annexed to a city in such a manner that city boundaries are
contiguous to more than $0% of the exterior boundary of the ceme-
tery property not presently within the City of Newport Beach, as
shown on Exhibit "A ". whichever event first occurs, and to diligent
ly pursue said annexation proceeding and to cooperate in all respet
with the City to the end that the annexation shall be completed.
7. Any failure by Pacific View to comply with any of
its obligations under this agreement prior to completion of the an
nexation described in subsection (a) of paragraph 9 of this agree-
ment shall constitute grounds for termination of the sewer service'!
to be furnished to Pacific View by City. In the event of any such
noncompliance on the part of Pacific View, the City Council may
direct that a written notice be sent to Pacific View specifying the
nature of such noncompliance and setting a time and date when the
Council will consider termination of the sewer service to the ceme-
tery property. If, after consideration of the matter, the City
Council determines that Pacific View has failed to comply with any
term or condition of the agreement, it shall advise Pacific View its
writing of its decision and may direct that the sewer connections
between the City sewer system and the cemetery property be discon-
nected and the service terminated upon the expiration of six months:
following the date on which the Council makes such determination.
IN WITNESS WHEREOF, the parties hereto have executed
agreement as of the day and year first above written.
CITY OF NEWPTrI PAC IF IC
By _�.... �e GZ- ✓ By
mayor
ATTEST: ES :
acting Uty CI err,
APPROVED AS TO FORMt,
End
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September 29, 1967
PROPOSED AMOCATIM OF A MMON OF PACIFIC VIEW DORSAL PARK.
On October 10, 1966 the City Council adapted Pesoluticn No. 6451 which
authorized the waecution of an agremeut with Pacific View Memorial
Paris to provide City serer service to Lid outside the City.
One of the oonditions of said agreement tills that Pacific View agreed to
oom mce proceedings for the =motion to the City of %%port Beach of
that parcel of property consisting of 13.32 acres as described in the
8greetten within one year after said property was amnected to the
City Sesser System.
LL:ih
cc: City Attorney
City Manager
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1 RESON NO,
E -6451
2 A RXSOLUTION OF THE CITY COUNCIL OF THE CITY Of
IMWPORT BEACH AUTHOILiiiINO THE EXDCUTION Of AN
3 AGREVIENT WITH PACITZ VIEW XDWIAL PARK TO
PYIOV= CITY SEWR SERVICE TO LAND OUTSIDE THS
4 CITY
6 WHERW, Pacific View Memorial Park has requested the
7 City Council to authorise it to connect with and use the City
8 sewer system to serve certain real property owned by it which is
9 located outside and adjacent to the boundaries of the City of
10 Newport Beach; and
11 WHEREAS, the City Council is willing to grant such
12 request as provided by Section 14.24.100 of the Newport Beach
13 Municipal Code under certain conditions, among which is the condi-
14 tion that Pacific View will coke proceedings for the annexation
15 to the City of all of its cemetery property, as set forth in the
16 agreement hereinafter mentioned; and
17 WHE MS, there has been presented to the City Council an
18 agreement between the City and Pacific View Memorial Park providing
19 for connection of the cemetery property with the City seiner system,
20 the terms and conditions of which have boon considered by the City
21 Council and found to be fair and equitable;
22 WWI TRERKME, BE IT RESOLVED that said agreement is
23 approved and the Mayor and City Clerk are authorised and directed
24
25
26
27
to execute the same on behalf of the City of Newport Beach.
AIHnPT$D this 10th day ^s October 106,&_
28 ATTEST:
29
30 Acting
31
32
0
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No. 1073
0
Date October 14, 1966
Authorized by Resolution No. R -6454 adopted on lQ.th day of October, 1966
Date Mayor and City Clerk executed Contract October 12, 1966
Effective date of Contract Orrnhwr 12, 1966
Contract with Pacific View Memorial Park
Address P. O. Box 1936
Newport Beach, 92663
Brief description of Contract Agreement to Provide City Sewer Service
to Land Outside the City
Amount of Contract none
Acting City Clerk
0 !
October 14, 1966
Mr. John A. Vibert, President
Pacific View Memorial Park
Post Office Box 1936
Newport Beach, California 92663
Dear Mr. Vibert:
Enclosed is a duly executed copy of the agreement to provide
City sewer services to land outside the City, which provides
for connection with and use of the City sewer system for a
portion of the cemetery property, and stipulates that
annexation proceedings for that portion to the City be
commenced within one year and proceedings for the balance
of the cemetery property be commenced within ten years.
This agreement was authorised by the City Council on
October 10, 1966 by the adoption of Resolution No. 6451,
copy of which is attached.
Yours vary truly,
Laura Lagios
Acting City Clerk
11
Encls.
e - ia '73
CITY OF NEWPORT BEACH
CITY
October -G
7, 1966
k
To: City Clerk L
From: City Attorney
Subject: Agreement to provide City sewer service to Pacific
View Memorial Park
Transmitted are the original and two copies of the subject agree-
ment, all of which have been executed on behalf of Pacific View
Memorial Park. The attached resolution, if adopted by the City
Council, will authorize execution of the agreement on behalf of
the City.
This matter was considered by the City Council at their meeting
on August 30, at which time the Council directed that the agree-
ment be prepared.
GDR :mec
Atts.
cc - City Manager
Public Works Director
Tully Ceor ur
City
B
Roberts
Assistant City Attorney
F�,.+.�