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Home My WebLink AboutC-2081 - Pressure relief line, Big Canyon Reservoir R-O-W entry agreementIt 0 CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2081 Description of Contract Authorized by Resolution No. 9621 Effective date of Contract March 30, 1979 Contract with Metropolitan Water District Address of Southern California Amount of Contract See Contract CALIFORNIA . City eau 3300 W. Newport Blvd. Area Code 714 DATE July.11, 1979 tan Water District taeservoir rressure i.rrle adopted on March 12, 1979 s City CleTc LEE A. BRANCH, County Recorder Pursuant to Gov't Code 6103 the City of Newport CdNs-rRUCTION OF A PRESSURE RELIEF LINE 'TU I3IG CANYON RESERVOIR Beach requests free rec tion - ---- --- G� THIS AGREEMENT -is tirade and. entered into this 30th day of Deput City Clerk _ ,b Mar __ �_ 1979, by and between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corpora- tion, hereinafter designated as "DISTRICT"; and CITY OF .NEWPORT BEACH, a municipal corporation, hereinafter designated as "CITY." 14ITNESSETH: WHEREAS, DISTRICT intends to construct a pressure relief line from its 36 feeder in San Miguel Drive which may discharge periodically into CITY's Big Canyon Reservoir; and W=I REAS, CITY is the owner of certain real property in the City of Newport Beach,. County of Orange, State of California, located adjacent to and easterly of San Miguel Drive as shown on attached EXhibi. "A", hereinafter. called PREMISES; and I'tNEREAS, CITY's Big Canyon Reservoir is constructed on said PREMISES; and WHEREAS, CITY is agreeable to DISTRICT's proposal to construct said pressure relief line on PREMISES-, 110:1, THEREFORE, in consideration of the foregoing, the parties hereto agree as f of 1 ows : I. DISTRICT SHALL: A. Be and is hereby designated Lead Agency with full responsibility for design, construction, operation, and maintenance of the pressure relief line aild appurtenances except as hereinafter mo(fified. B, Bear all costs of design, corlstrLICtion and maintenance of the pressure relief line and appurtenances except as hereinafter I.iodified. C: Submit to CITY for approval prior to bidding three (3) sets of plans and specifications for the pressure relief line=_ A-r"ee i.hi?i, iali riiSb'n* `_;pilled into [iii) Canyon Reservoir or, directly to J 'it spillway shall be without cosh to CITY. p . i3r: responsible for any d anI<. Ic. to l i g Canyon Rc .;c.rti oi r caused by tt f_ presence or operation of the pressure relief line. LJ V f 2 I I Ute L PLCA t fcETURN TO , ry CITY CLERK ;' XENIP 1T C 5 �(Z~y w ! RECORDED IN OFFICIAL RECORDS CITY OF NEWPORT BEACH OF ORANGE COUNTY, CALIFORNIA 3300 NEWPORT BOULEVARD RIGHT OF Ei I'RY AGREEMF__IIT 9:05 A.M. iifiAY 1 1979 NEWPORT BEACH, CALIF. 92663 _-. roR LEE A. BRANCH, County Recorder Pursuant to Gov't Code 6103 the City of Newport CdNs-rRUCTION OF A PRESSURE RELIEF LINE 'TU I3IG CANYON RESERVOIR Beach requests free rec tion - ---- --- G� THIS AGREEMENT -is tirade and. entered into this 30th day of Deput City Clerk _ ,b Mar __ �_ 1979, by and between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corpora- tion, hereinafter designated as "DISTRICT"; and CITY OF .NEWPORT BEACH, a municipal corporation, hereinafter designated as "CITY." 14ITNESSETH: WHEREAS, DISTRICT intends to construct a pressure relief line from its 36 feeder in San Miguel Drive which may discharge periodically into CITY's Big Canyon Reservoir; and W=I REAS, CITY is the owner of certain real property in the City of Newport Beach,. County of Orange, State of California, located adjacent to and easterly of San Miguel Drive as shown on attached EXhibi. "A", hereinafter. called PREMISES; and I'tNEREAS, CITY's Big Canyon Reservoir is constructed on said PREMISES; and WHEREAS, CITY is agreeable to DISTRICT's proposal to construct said pressure relief line on PREMISES-, 110:1, THEREFORE, in consideration of the foregoing, the parties hereto agree as f of 1 ows : I. DISTRICT SHALL: A. Be and is hereby designated Lead Agency with full responsibility for design, construction, operation, and maintenance of the pressure relief line aild appurtenances except as hereinafter mo(fified. B, Bear all costs of design, corlstrLICtion and maintenance of the pressure relief line and appurtenances except as hereinafter I.iodified. C: Submit to CITY for approval prior to bidding three (3) sets of plans and specifications for the pressure relief line=_ A-r"ee i.hi?i, iali riiSb'n* `_;pilled into [iii) Canyon Reservoir or, directly to J 'it spillway shall be without cosh to CITY. p . i3r: responsible for any d anI<. Ic. to l i g Canyon Rc .;c.rti oi r caused by tt f_ presence or operation of the pressure relief line. r'K 33327Pu 3772 II. CITY SHALL A. Grant to DISTRICT the right to enter upon the PREMISES for the construction of the pressure relief line and appurtenances and for the subsequent maintenance and operation thereof. Such right shall be further evidenced by a grant of easement to be executed by City as soon as possible at no expense to District. B. Have the right to operate the pressure relief line bypass gate to divert water directly into the reservoir spillway at such times as it deems it necessary for the safety of its personnel or of the reservoir. C. Agree to close the Bif; Canyon Reservoir intake for a period not to exceed 7 (seven) calendar days to facilitate con- struction of the pressure relief line. D. Allow DISTRICT to enter. upon PREMISES to install to1.emeter.- ing equipment at either the intake or control structures to monitor line. pressures. III. HOLD HARMLESS In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability ,jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of, Code, wi.11 each assume the full liability imposed upon it, or any of its officers, agents, or -2- 3K 13127P61773 employees by law .for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability wolid be imposed in the absence of Section 895.2 of said Code. To achieve the above - stated purpose, each party indemnifies and holds harmless the other party for any loss, cost, or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TIME METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA APPROVED AS TO FORM RocirR7 P. WILL )1_11�ERAL EAD Evan L. r z Ei'U71( GEAI01lN 5 C". neral CITY OF NEWPORT BEACH Jo n B. Rear Deputy General Counsel By Mayor ATTEST: ^ Attest. nxecuti��e 5ecrc�tary_ (SEAL) _3_ STATE OF CALIFORNIA, ORANGE COUNTY OF • ♦ p OFFICIAL SEAT. ♦ DOROTHY L. PALEN i e NOTARY PUBLIC CALIFOidNik ♦ o.< PRINCIPAL OFFICE IN My Commission E' p res Feb. 9, 19€31 r ss. BK s a27po1774 ON March 30 , 19-19 before me, the undersigned, a Notary Public in and for said State, personally appeared n.,.,, D-1,„-F�F --A T)- - the Mavor and Citv Clerk of the Ctv o known to me, re to be the person s whose names subscribed to the within Instrument, and acknowledged to me that t h( executed the same. WITNESS my hand and official seal. Nota Wic in and for said State. 8K 13 127 PG 1 775 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) On thi s / day of in the yearbefore me personally app�!afed EVAN L. GRIF ITH, known to me to be the General Manager and KAREN E. DORFF, known to me to be the Executive Secretary of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, and known to me to be the persons who executed the within instrument on behalf of said public corporation and acknowledged to me that such public corporation executed the same. WITNESS my hand and official seal. Signature Notary Public in aril r ✓f° said State OFFICIAL SEAL k a H. J. DEARING, JR. (Seal) °n m = Y NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My comm. expires JUL 19, 1982 Signature Notary Public in aril r ✓f° said State • April 10, 1979 The Metropolitan Water District of Southern California P. O. Box 54153 Los Angeles, CA 90054 Attention: Evan L. Griffith, General Manager Subject: Orange County Feeder Extension Corona del Mar Reservoir R/W Parcel 1424 -11 -2 W.O. 4 -515 and 7 -4114 The Orange County Recorder's office requires that the signatures on the agreement be notarized before they will record lt. We would appreciate your having the signatures notarized for the Metropolitan Water District and then return the agreement to the Newport Beach City Clerk's office for finalizing before sending it to the Recorder's office. Thank you. Shirley Keller Deputy City Clerk . enc. ��/ /s��`�'"` /- -Z� Gam/ %ro /7 % 0 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 April 3, 1979 640 -2251 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Attached for recordation is Right of EnWy Agreement from City of Newport Beach to Metropolitan Water District of So. Calif. for construction of a pressure line purposes. for Big Canyon Reservoir �- Authorized by Resolution No. 952i _ City Manager authorized by Resolution No. 6773 to accept easement deeds. Doris George City Clork DG:swk enc. P RESOLUTION NO. 9 6 1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RIGHT OF ENTRY AGREE- MENT BETWEEN THE CITY OF NEWPORT BEACH AND THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN CONNECTION WITH THE CONSTRUCTION OF A PRESSURE RELIEF LINE TO BIG CANYON RESERVOIR WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Right of Entry Agreement between the City of Newport Beach and the Metropolitan Water District of Southern California in connec- tion with the construction of a pressure relief line to Big Canyon Reservoir; and WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 12th day of March Mayor ATTEST: City Clerk 1979. DDO /kb 3/7/79 The Metropolitan Water District of Southern California Office of the General Manager Ms. Shirley Keller Deputy City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Ms. Keller: April 19, 1979 Orange County Feeder Extension Corona del Mar Reservoir Parcel 1424 -11 -2 Right of Entry Agreement The signatures on the enclosed Right of Entry Agreement between the City of Newport Beach and Metropolitan Water District have been notarized, as requested in your letter dated April 10, 1979. Please furnish us with the recording information when the document has been recorded. Very truly yours, J6fin W. Hein Assistant Director Right of Way and Land Division EEM /HJD /dsp Enc. 1111 Sunset Boulevard, Los .Angeles, Calif. / Mailing address Box 54153, Los Angeles, Calif, 90034 / Telephone: (213) 626-4282 The Metropolitan Water District of Southern California 10AR 3 C 1979 0 NK, r)i , : " (w'!':'ai AtandL'o Mr. Joseph T. Devlin Director of Public Works City of Newport Beach 3300 West Newport Boulevard Newport Beach, California 92660 Attention: Mr. Steve Bucknam Dear Mr. Devlin: Orange County Feeder Extension Corona del Mar Reservoir R/W Parcel 1424 -11 -2 W.O. 4 -4515 and 7 -4114 Right -of -Entry Agreement Thank you for your letter of March 19, 1979, enclosing three copies of the Right -of -Entry Agreement for construction of a pressure relief line to Big Canyon Reservoir from our Orange County Feeder Extension. This pressure relief line will allow the abandonment of our Corona del Mar Reservoir. We have completed execution of the agreement and are enclosing the copy which is stamped with your return stamp as requested. Please note that we may require the reservoir intake to be closed for ten calendar days rather than the seven days specified in the agreement. We understand that this is accept- able to your City. Encl. 33531 HOE /hp CC: Irvine Pacific Development 610 Newport Center Drive Newport Beach, California Very truly yours,. E�n L. i it General an ge Company 92663 1111 Sunset Boulevard, Los Angeles, Calif. / Mailing address: Box 54153, Los Angeles, Calif. 90054 !Telephone: (213) 626 -4282 March 19, 1979 0 Metropolitan Water District of Southern California P. O. Box 54153 Los Angeles, CA 90054 Attention: Mr. Clare Gagnon, Senior Civil Engineer Enclosed are three copies of the Right -of -Entry Agreement for the Construction of a Pressure Relief Line to Big Canyon Reservoir between the Metropolitan `Hater District of Southern California and the City of Newport Beach. This agreement was authorized by the City Council of Newport Beach by the adoption of Resolution No. 9521 on March 12, 1979. Please return the copy stamped with our return stamp to this City when the agreement has been fully executed. Thank you. DORIS GEORGE City Clerk swk enc. cc: Utilities Director • 0 RESOLUTION NO. 9521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RIGHT OF ENTRY AGREE- MENT BETWEEN THE CITY OF NEWPORT BEACH AND THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN CONNECTION WITH THE CONSTRUCTION OF A PRESSURE RELIEF LINE TO BIG CANYON RESERVOIR WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Right of Entry Agreement between the City of Newport Beach and the Metropolitan Water District of Southern California in connec- tion with the construction of a pressure relief line to Big Canyon Reservoir; and WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 12th day of Mayor ATTEST: City Clerk March 1 1979. DDO /kb 3/7/79