HomeMy WebLinkAboutC-1149 - Agreement relating to abandonment of water pipe easement2
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THI S ®GBEBIflNT is entered into thig.^ day of
OF. NF.VPORT
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BEACH, a municipal corporation, herein called "City", and OKA
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BRBTBIRS, INCQWJLATSD, a California corporation ,.herei..n calledd
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WHEREAS, the City of Newport Beach, by an indenWr f
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dated May 1, 1923, recorded in Book 1,8331 -,. page *A4 of
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Official Records of orange Coup ty California.s Bx ted
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an easement and right of way to Tay, construct, maintain,
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operate, repair and renew,a cast iron pipe for the trans-
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portation of water over, tder, above and through that
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certain parcel of land situated in the Conx[tq'of Orange,
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State of California, and described as follows, to wit: r
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The South half of tte- Northwest quarter of
the Southeast quarter of Section -$ighteen,
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Township six. Soath, Range_Tea'`iest;
S.B.+ � ��
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and
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WHBAEAS, Oka Brothers have succeeded tp the
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rights, duties anO.;liabilities of the Pacific Ranch Company,.`
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the original gVentor of-said easement; and
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WHO AS, Oka Brothers is desirous of having the
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City of Newport Beach abandon the above mentioned water line',
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and grant.. to Oita Brothers, a,quitclaim deed to the easement
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specified above; and
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WHEREAS, the May 1, 1923, indenture con tains.a
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"provision that, in the event the therein contained grant of
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right of ,gay sbalL be terminated for any cause, the City of N ort.;`
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Beach will, immediately upon such, termination, at ita gap g
and risk, re*pVe all pipe placed upon said land and restore V aid
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premises as nearly as possible to the same state and condition
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they were in prior to the construction of.said.pipe line;
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NOW, THEREFORE, THE PARTIES MMM DO AGREE AS FOI±I+aiiS:..
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1. City shall dsli,ver untq 04, Brq*rs -a gpitclaia•
;.mentoweaaaement and right of way.:_-
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2. Oka Brothers hereby assumes;all. cost, responsibility
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and liability for all duties, responsibilities, gbligatioas and'
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liabilities previously assumed by.tbi City 9f Rewport`Eeacl; in the
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May 1, 19230 indenture, as respects the SZ of NW-4' of SE4 only.
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3. Oka Brothers shall save harmless the City and all..
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its employees from any and all cost,:damap or, liability which
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might occur as the result of the abanderment, removal, or.pon-
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removal of the above mentioned pipe line.
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4. .Upon execution by both parties, this agreement shad
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`be recorded in the office of the County Recorder`of Orange County,`
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California.
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EBEGDTED as of the day and year, first here. inabove:- seen'
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tipped.
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CITY OF. EEfj�.O C
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By
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Attest; ..
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er
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UYA BROT TED
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._
By
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SUSAN M. WA otary public. in and
my -fErr
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COMMISSION ` °; '� d County and State. '
MAY OFFICIAL SEAL
SUSAN M. WAHC
'k .NOTART PUBLIC - CALIFORNI
PRINCIPAL OFFICC JN l
ORAN6E COUNTY
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STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE
On �fi�/ , 1963., before.me, the under-
Tiiic in said
signed, a Notary and- or County and State, personall
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appeared PAUL J. GRUBER and LAURA LAGIOS :.'fit to me to be the 7,.
Mayor'and. the peputy.Cty Clerk, respectvelp, °of the CITY OF
NEWPORT AEACN a a+vnie� r4 "a :e�cl known. to me to be the
"irumen
persons who executed t e within ins on behalf of -,
municipal corporation, and acknowledged to me that such municipal
corporation executed the same pursuant to a resolution of its
City Council.
WITNESS my hand and.official seal,
NOTARY FUBUC
COOPER
�►RbARET E COOPER
�G� otary Public in and for.
�rarrir
said County and State
STATE OF CALIFORNIA)
as
COUNTY OF ORANGE )
On iG , 19C before me, the under-
signed, a No r 1 c In-and for saaid County and'$$tate, personally
appeared �C.a and �c E2, 0
kn to me t� "fie. and �--
_(� , respect ve y o INCA'
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the corporaftz in at executed the within _ in4 -t:ru- ent, and 1mown;.to
me to be the persons who %executed the w thin instrument. on behalf
of the said corporation, and acknowledged to me that such corpor .:
ation" executed the same pursuant to its by -laws or a resolution of:'..
its board of directors.
WITNESS my hand and official seal.
SUSAN M. WA otary public. in and
my -fErr
,...�
COMMISSION ` °; '� d County and State. '
MAY OFFICIAL SEAL
SUSAN M. WAHC
'k .NOTART PUBLIC - CALIFORNI
PRINCIPAL OFFICC JN l
ORAN6E COUNTY
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NU MT WACH MTrW=tM TO LUMM N1
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30 1-411 be tandxmted for any coo the City of art VSMh 141ia
31 I=Aed Sly Noah teraingtUas at its OM mess® said Vi5k.
32 • +o all PiVe plaGod spa amid d and s'sstote Said VZOAL GO
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1 "***IV 40 PO"Ibla to the fto *tote and &SWUUM tbW WWO 10
2 " to tha e+ trMtGiam Of P44 Us" Md
3 wwams thga Gity b" aaw wvd a water Lilacs casawtion is
5 SbOM amatl ad t Phi md
6 • the city h" no present of fut"O d for the
7 **Rftlftt Ua abOW d zri.bod€ Md
8 *,.ItRRWO Oka Brothores twoupwatols t ab"Smt omec
9 s lgoporty i m ,�Adab the abms dcaxlbod cwt Le lm&te4 b
10 ted tb*t PAWh t bG S s =4 b" t* OSSUM
11 oat ri ske c let and riwpmoibility for the abaOdasumt s removal or
12 . Of the eater P40 It** 12 ftid a $4040tl
13 sawe TAMEMZ0 w IT that the va "r a" city
15 l ift tba C tysa iArA Wt LO 00 abWM ids =4 an AgrOOMMI
16 ralLOVIM the MY of all ObIJ4ptiaft rawwAlas tba a
17 amt, of m*SA pipe Lbw.
18 ASOPM WA 11t, h,, 4*y of Jigs 19".
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