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HomeMy WebLinkAboutC-1569 - Agreement to settle lawsuit regarding boundariesCITY OF NEWPORT BEACH CALIFORNIA DATE October 19 TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. 1569 Description of Contract Aar2gMjjlt to settle lawsuit City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 1973 Authorized by Resolution No. 8112 , adopted on October 9, 1973 Effective date of Contract October 11, 1973 Contract with errata Mesa County Water District Address 77 fair, Drive omta Mersa. CA 92627 Amount of Contract V -City ftem ID COSTA MI!, COUNTY WATER DISTRICT 77 Fair Driv¢ Costa Mesa, California 92627 (714) $34 -5210 Mome Phone: RAYMOND E. HUDSON f213% 434.9613 GENERAL MANAGER A G R E E M E N T (? , /� � -y�'7- GTHIS AGREEMENT, made and entered into this l o4- day of ocyo - , 1973, by and between COSTA MESA COUNTY WATER DISTRICT, a municipal corporation, hereinafter referred to for convenience as "District," and CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to for convenience as "City." R E C I T A L S A. A dispute has arisen between District and City over the legal rights and duties of District and City to serve water to a certain parcel of property known as the "Cagney property," which property is more fully described in Exhibit "A" attached hereto and by this reference made a part hereof; and B. The Cagney property is within the boundaries of both the District and the City; and C. A complaint was filed on February 22, 1973 by the District against the City, entitled "Complaint for Declaratory Judgment and Damages." This complaint referred to the dispute between the District and the City over service to the Cagney property and sought to resolve the respective rights and duties of the parties hereto as to water service to the Cagney property, and in addition sought damages suffered by the District by reason of the service of water to said property by the City to the exclusion of the District; and D. Other questions have arisen between the parties to this agreement as to their rights and duties to serve water to other areas along the boundaries of both the District and the City, and as to other areas not now within the boundaries of either the District or the City, but which areas will likely be annexed to either District or City in the foreseeable future; and E. Questions have arisen between the District and City respecting the rights and duties of the parties to serve water -1- to a 40 -acre City of Newport Beach site northerly of 19th Street as shown on Area N on a map attached to this agreement, marked Exhibit "B ". This site is within the boundaries of the City and without the boundaries of the District, and is now under development. F. Both District and City deem it in the public interest that present and possible future disputes between the parties respecting their rights and duties to serve water to various areas along their boundaries or within the areas which are pro- posed for future annexations be settled without litigation. NOW, THEREFORE, IN CONSIDERATION of these premises and of the respective covenants of the parties hereto as herein contained, the parties hereto agree as follows: A G R E E M E N T S 1. That City shall continue to serve the Cagney property both as to those areas now developed and as to any other areas of said property which may be caused to be developed; provided, however, that the City agrees that said property may remain within the boundaries of the District and that the City will not initiate any action to cause said property to be deannexed from the District. In the event of any petition by the property owner of the Cagney property or anyone else to effect a deannexa- tion of said parcel from the District, the City will remain neutral and not actively support either the proponents or opponents of such deannexation effort before the Local Agency Formation Commission or any other public or private body. 2. That all service area boundaries of both the City and District along the boundary line between said City and District will remain in their present location except as described or clarified below: (a) Area A, as shown on Exhibit "B ", is now within the boundaries of the City of Newport Beach, and is presently being served by the City or is subject to being served by the City. Service to Area A is hereby reserved to City, and -2- District will not commence any service within Area A without the express consent of City. (b) Area B, as shown on Exhibit "B ", is an area known as the range County Airport, and presently within the un- �t nd is within the houndari es of the District 7a7. incorporated are�of the County of Orange, /and is presently served by the Costa Mesa County Water District. Service to Area B is reserved to District, and City agrees that it will make no service in Area B without the express consent of the District. Parties agree, for themselves and for any successor to or assignee of this agreement, that the fact of service of water to Area B shall not be used or considered in any way by any governmental agency to support annexation or inclusion within a sphere of influence by any incorporated city. (c) Area C, as shown on Exhibit "B ", is presently in an unincorporated area in the County of Orange, and is not within the boundaries of the District. It is presently served by Santa Ana Heights Mutual Water Company. Area C is hereby reserved for service by the City in the event that the Santa Ana Heights Mutual Water Company dissolves, liquidates, or other- wise goes out of business. District will not commence service within Area C without the express consent of City. (d) Area D, as shown on Exhibit "B ", is now partially within the City of Costa Mesa and partially within unincorporated areas of the County of Orange. The major portion of this area is now served by Santa Ana Heights Mutual Water Company. Those portions of this area not now served by the District are reserved for service by the District in the event the Santa Ana Heights Mutual Water Company dissolves, liquidates or otherwise goes out of business. City will not commence service within this area without the express consent of the District. (e) Area E, as shown on Exhibit "B ", is now within the boundaries of the City of Newport Beach and of the District, and is serviced by the District. This area, which is known as the Moden Annexation and is an area bounded by 22nd Street, -3- Tustin Avenue, and Irvine Avenue, and the city limits of the City of Costa Mesa to the south, is now served by District. City will not commence any service in Area E without the express consent of the District. (f) Area F, as shown on Exhibit "B ", is now an unincorporated area within the County of Orange. It is also within the boundaries of the District. It is currently being served by the District. City will not make any service of water within this area without the express consent of the District. (g) Area G is now within the boundaries of the City of Costa Mesa and the boundaries of the District, and is presently being served by District. City will commence no service in Area G without the consent of District. (h) Area H, as shown on Exhibit "B ", is an area now occupied by the Newport Heights School on 15th Street. This area is within the boundaries of the District and the City, and is served by the City. It is agreed that water service to this area will be transferred to the District upon 30 -day written request by the District. Such transfer of service will be without expense to the school or school district, and such transfer shall be performed so as to prevent any interruption of service to such school. (i) Area I, as shown on Exhibit "B ", is now within the boundaries of the City of Costa Mesa. It is also within the boundaries of the District. It is now being served by the District. The City agrees it will not commence service within Area I without the express consent of the District. (j) Area J, as shown on Exhibit "B ", is an area now occupied by Hoag Hospital. It is within the boundaries of the City of Newport Beach, and is served by the City. It is not within the boundaries of the District. District agrees that it will not commence service to Area J without the express consent of the City. (k) Area K, as shown on Exhibit "B ", is an area ME within the boundaries of the City of Newport Beach. It is also within the boundaries of the District. The area is now served by the City of Newport Beach. District agrees that it will not commence service within Area K without the express consent of the City. (1) Area L, as shown on Exhibit "B ", is an area within the boundaries of City and of District, and is presently served by District. City agrees that it will not commence service to Area L without the express consent of District, except that City may serve property owned by the City containing City Water System Facilities in Area L. (m) Area M, as shown on Exhibit "B ", is an area within an unincorporated area of the County of Orange and within the boundaries of the District, and is now being served by the District. City agrees that this area may continue to be served by the District, and it will make no service within that area without the express consent of the District. (n) Area N, as shown on Exhibit "B ", is presently within the boundaries of the City of Newport Beach. It is not within the boundaries of the District. It is not being served by either the City or the District. The City desires that District serve Area N. District agrees to serve Area N subject to the District's normal and standard terms and conditions. District is under no obligation to annex Area N, but may annex it if it desires. If District elects to annex Area N, City will agree to such annexation. (o) Area O, as shown on Exhibit "B ", is an area within the boundaries of the City of Costa Mesa. It is not within the boundaries of the District, and it is not within the City of Newport Beach. There are presently no services in Area O. District may serve Area O if it so desires but is under no obligation to do so. District may annex Area O if it so desires, and in that event City will not object to such annexation. City will make no service in Area O without the express consent -5- of the District. (p) Area P, as shown on Exhibit "B ", is an area presently within the boundaries of the City of Costa Mesa and also within the boundaries of the District. Area P is not being served presently. Service to Area P is reserved to District, and City agrees that it will make no service in Area P without the express consent of the District. 3. Wherever it is provided in this agreement that service will not be commenced in an area without the express consent of the other party, it is hereby agreed that such consent must be in writing executed by the Board of Directors of the District, or by authorized personnel of the City as may be appropriate, prior to the commencement of any service. In addition, wherever it is provided in this agreement that an area may be annexed within the boundaries of either the City or the District, both parties agree that they shall not oppose such annexation and service by the other party before any public body, including the Local Agency Formation Commission or otherwise. It is further agreed that this settlement agreement may be used by either party in support of any annexation proceedings or in support of its application or determinati m to provide service to the areas delineated in this agreement. 4. District will cause to be filed a dismissal with prejudice in that certain litigation described in Recital C of this Agreement within ten days after the execution of this Agreement by all parties hereto. All parties shall bear their own costs of suit therein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CO MESA COUNTY TER DISTRICT i nt By Z I, -Rodger -Howell / Attorney for District By ATTEST: CITY OF NEWPORT BEACH By City erk Mayor Dennis O'Nei }j City Attorney of Newport Beach ?!i. CT CITY L 1. S � °3c�J O•• •, • 4 II �2� tit C f r,, r^ C`Z ;; x c / N o F r do •p r lao.00'. m D ON > a o;J fnA 'p � umoo'z ,',� Y r t• ��: L% n N H .' > � ... m •i n p° ap prn U 1' p e !S An t7 � �' If 0'00 ZA "l•J 1 v tom'•• 1 -.s tJ n N \ W' i1 t� 3Z5.00' z nV�l oa CO o' n t7 in t7 s O 1 •,da 1,: Ii1J3t't�'•` i{ �' ' _ f.>..� � fl l» C ✓� *p<•S•,A�+ .. �,i LOCO " >` � ' •a .yV+�s't. �v'i� -`otnn � 1 N � ik < >�� 2� ♦J` / \�V:2 `/`� � •�+'Ic C f a l'•talpr+'�F eG ON N ) FSaG a pa Y r, t 1` a n I \,`j /G7. 'v p.[ 1 ��� - , p, • . -f: ,� f —r ql F ,� , /i C' and Parcels ' = t `" ' -'v:; •r �y'�t r 3 •cb.b, r i';, II, ITT ° :•• a' *� •i aj Sili•1 t• rp '9' r <" ''s•'0: IV Constitute UCS[- i �o .. F ,- �� t ;w }• •r r , o�Fr • cript-ion Of bal.ancc k o ay .. vr �' ,� Of Cagncy Property, �v ` / n TN EXHIBIT "An _... . C -1569 See Contract File for Exhibit "B" — Costa Mesa County Water District/ City of Newport Beach Boundary Study Imum LaAos- city claik LL-swk am. 9 0 MY CUW October 10, 1973 MY ATMIM J my am aom m&Aaxm wA= Dismcrr aTmimrAMORM Attaded ars the original and thm copies of the subject aWm amt which have been emaftd by the City. Please traaeemit to the Costa Mesa QourAy Water District for signing and return the original to our Offiom after execution. LL:swk OM i ..s- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT TO SETTLE THE LAWSUIT FILED BY THE COSTA MESA COUNTY WATER DISTRICT AGAINST THE CITY OF NEWPORT BEACH, AND RESCINDING RESOLUTION NO_ 8102 WHEREAS, on February 22, 1973, the Costa Mesa County Water District filed a complaint against the City of Newport Beach alleging, among other things, that the District had the legal right to sever water service to the Cagney property located in West Newport Beach (Orange County Superior Court Case No. 200066); and WHEREAS, both the City of Newport Beach and the Costa Mesa County Water District deem it to be in the public interest to settle this dispute as well as resolve possible future disagreements with regard to their respective rights to serve water to other areas along their boundaries; and WHEREAS, on September 24, 1973, the City Council ,�"7i adopted Resolution No. 8102 authorizing the Mayor and City Clerk to execute a modified version of a proposed settlement agreement, deleting all reference to the property located north of Bristol (Palisades) Avenue; and WHEREAS, an agreement has been prepared incorporating all of the terms and understanding of said settlement, including the reference to property located north of Bristol (Palisades) Avenue; and WHEREAS, the City Council has reviewed all of the language of said settlement agreement, and finds it to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby authorizes the Mayor and City Clerk to execute a settlement agreement between the City of Newport Beach and the Costa Mesa County Water District relevant -1- -r 0 to Superior Court Case No. 200066, resolving possible future disputes between the parties respecting their rights and duties to serve water to various areas along their boundaries or within the areas which are proposed for future annexations; BE IT FURTHER RESOLVED that this resolution rescinds and supersedes Resolution No. 8102. ADOPTED this 9th day of October, 1973. ATTEST: City Clerk Mayor -2- DON:mh 10.9/73