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HomeMy WebLinkAboutC-2719 - Quitclaim & Joint Powers Agreement Concerning Replacement of Portion of Water Transmission Line Known as Coast Supply LineCITY F NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 T0: FINANCE DIRECTOR FROM: CITY CLERK DATE: September 16, 1988 SUBJECT: Contract No. C -2719 Description of Contract Quitclaim and Joint Powers Agreement Concerning Replacement of Portion of Water Transmission Line Known As Coast Supply Line Effective date of Contract September 13, 1988 Authorized by Minute Action, approved on June 27, 1988 Contract with Laguna Beach County Water District Address 306 Third Street P.O. Box 987 Laguna Beach, CA 92652 Amount of Contract (See Agreement) " , Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach J QUITCLAIM AND . 4 JOINT POWERS AGREEMENT CONCERNING REPLACEMENT OF PORTION OF WATER TRANSMISSION LINE KNOWN C Z 7/ / AS COAST SUPPLY LINE and THIS JOINT POWERS AGREEMENT, made this 13th day of ember , 1988 by and between THE LAGUNA BEACH COUNTY WATER DISTRICT of Orange County, California, as Trustee of the COAST SUPPLY LINE, for this District and the parties hereto, hereinafter referred to as "LBCWD," and SOUTH COAST WATER DISTRICT, hereinafter referred to as "SCWD," and IRVINE RANCH WATER DISTRICT, herein- after referred to as "IRWD," and THE CITY OF NEWPORT BEACH, hereinafter referred to as "NB;" and THE IRVINE COMPANY, a Michigan corporation, hereinafter referred to as "TIC;" W I T N E S S E T H• WHEREAS, the first four parties listed above are public agencies (the "Public have unequal capacity of the water transmis (hereinafter referred Laguna Beach, as more hereto; Parties ") and are the owners of and will rights as finally determined in a portion lion line known as the COAST SUPPLY LINE to as "CSL") between Corona del Mar and particularly shown on Exhibit "A" attached WHEREAS, since TIC is concerned only with the portions of the CSL adjacent to its property extending from point A to point C as shown on Exhibit "A" (the "A -C Portion "), TIC's obligations hereunder are intended to apply only as to the A -C Page 1 1057 •., 'i: -. portion; and 0 1J WHEREAS, all of the parties hereto are contemplating the relocation of the CSL between Corona del Mar and Laguna Beach (the "New Pipeline "), which relocation is due in part to the pending widening of Pacific Coast Highway (hereinafter referred to as "PCH") as a result of certain conditions imposed on TIC's proposed development of the Irvine Coast (the "Coastal Project ");, WHEREAS, the widening of PCH would cause the existing CSL to be located within the future PCH right -of -way; and WHEREAS, it is the express desire of the Public Parties to install the New Pipeline outside the future PCH right -of -way; and WHEREAS, the Public Parties have had preliminary discussions with TIC respecting the relocation of the New Pipeline outside of the future PCH right -of -way, and TIC has agreed in principle to provide LBCWD, as Trustee of the CSL, with an easement over TIC -owned property for the New Pipeline outside the proposed future PCH right -of -way in the A -C Portion; and WHEREAS, since a portion of the area needed for the New Pipeline outside of the proposed future PCH right -of -way lies within a parking lot owned by the State of California Department of Parks and Recreation ( "State Parks "), LBCWD will obtain, at the cost of the Public Parties, such additional easements as may be required for the New Pipeline directly from State Parks; and Page 2 0 WHEREAS,Oe parties wish to acknowage that if, for any reason, the Coastal Project is not developed, (a) there will be no present need to grade for the widening of PCH, and (b) if the Public Parties desire to relocate the CSL, they will do so at their own cost; and WHEREAS, to accommodate the relocation of the CSL, TIC is willing to grant an easement to LBCWD for installation and perpetual maintenance of the CSL; and WHEREAS, LBCWD wishes to quitclaim (as hereinafter provided) a portion of the 27 -inch water main within the PCH right -of -way which was conveyed under a Grant Deed recorded on November 30, 1928 in Book 221, Page 76 of the Official Records of Orange County, California; and WHEREAS, upon receipt of an easement to accommodate the relocation of the CSL, LBCWD and SCWD will have no further need for the present easement located within the PCH right -of -way and desire to quitclaim (as hereinafter provided) said easement which was conveyed under a grant deed recorded on December 17, 1952 in Book 2425, Pages 277 to 283, inclusive, and as described in an Agreement recorded on May 29, 1952, in Book 2336, Pages 528 to 543, inclusive, all of which references are to the Official Records of Orange County, California. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth, the Public Parties and TIC agree as follows: Page 3 1. On ! before award of the cons4kaction contract for the relocation of the New Pipeline, TIC will provide a 10 -foot wide easement over TIC -owned property for the A -C Portion of the New Pipeline in the form as shown on Exhibit "B "(the "New Easement ") to LBCWD as Trustee of the CSL. The alignment of the New Easement shall be parallel to and outside of the future PCH right -of -way. The location of the New Pipeline will be approximately 65 feet northeast of the centerline of PCH as widened and will be outside of the proposed future PCH right -of -way as shown on Exhibits "C" and "D" attached hereto and by this reference made a part hereof for all purposes. 2. Costs for the preparation of the legal description to the New Easement and for the review and recordation of the New Easement shall be paid by the Public Parties. 3. LBCWD, as Trustee of the CSL, shall be responsible for obtaining, at the expense of the Public Parties, any other necessary easements for the New Pipeline located outside of TIC -owned property. 4. It is mutually agreed between and among TIC and the Public Parties that all existing and future underground utilities that run parallel to the New Pipeline will be located so as to maintain a minimum clearance of five (5) feet from the outside of the New Pipeline, with the exception of manholes (which can be located no closer than two (2) feet from the outside of the New Pipeline). 5. TIC shall, at its cost, supply to LBCWD (a) grading plans for the A -B Portion of the New Pipeline on or before June Page 4 7, 1988, (b) bid .currents for the A -B porti• on or before July 15, 1988, and (c) grading plans for the B -C portion of the New Pipeline on or before June 15, 1988. All grading for the New Pipeline performed pursuant to Paragraphs 6 and 7 below shall be done in accordance with such plans and the typical sections shown on Exhibit "D." 6. LBCWD, as Trustee for the CSL, will thereafter contract for and cause the grading for the New Pipeline between Point A and Point B (as shown on Exhibit "A") to be completed by January 15, 1989. TIC will pay for the costs of administration, inspection, grading and incidental costs (including tie -ins for the A -B portion and the B -C portion not to exceed $50,000 per portion) related to the grading from Point A to Point B by paying the cost of each invoice presented to LBCWD within fifteen (15) days of TIC's receipt of a copy of each such invoice from LBCWD. Any costs related to tie -ins for either the A -B portion or the B -C portion which exceed $50,000 per portion shall be paid for by the Public Parties. 7. The parties hereto intend that the grading for the portion of the New Pipeline between Point B and Point C (as shown on Exhibit "A") shall be performed and paid for (including costs of administration, inspection and incidental costs) by TIC; provided, however, that in the event an assessment district has been formed prior to the commencement of this portion of the grading, the assessment district will complete and pay for such costs in place of TIC. Page 5 S. NotAhstanding any grading perbimed by TIC or the assessment district, the Public Parties acknowledge that they are fully responsible for performing any soils or other testing within the grading area to insure that there is adequate subgrade for the New Pipeline to be installed within such area. 9. The Public Parties agree that they shall cause the installation of the New Pipeline within the A -B Portion to be completed by May, 1989, and within the B -C Portion by December, 1989. 10. TIC agrees to protect the existing CSL in its present location as shown on Exhibit "D" during any rough grading performed by TIC pursuant to Paragraph 7 above or during any other construction activity of TIC within the vicinity of the CSL. 11. The Public Parties agree to pay all costs of constructing the New Pipeline, including engineering, design, administration and construction, but excluding the costs for which TIC is responsible as described in Paragraphs 6 and 7 above. After completion of the New Pipeline, the Public Parties also agree to pay the costs of handling and disposal of the existing CSL so as to accommodate Sanitation District No. 5's proposed sewer construction as shown on Exhibit "D "; provided, however, that the Public Parties shall not be responsible for paying any handling and disposal costs in excess of $15 per linear foot of CSL. Page 6 12. Ttand each of the Public Pies agree to execute all documents and to cooperate with each other in coordinating construction, coordinating schedules, and performing any further acts that may be reasonably necessary to effectuate the provisions of this Agreement. 13. TIC shall indemnify and hold each of the Public Parties harmless from and against any loss, liability, damage or claim arising out of (a) any rough grading performed by TIC, and (b) any breach by TIC of its obligations hereunder; provided, however, that this paragraph shall not apply to any matter relating to subgrade conditions or subgrade testing performed by or on behalf of the Public Parties. The Public Parties, jointly and severally, shall indemnify and hold TIC harmless from and against any loss, liability, damage or claim arising out of (a) any matter relating to the construction of the New Pipeline other than matters arising from TIC's rough grading work, and (b) any breach by the Public Party(ies) of its /their obligations hereunder. 14. In the event that development of the Coastal Project is deferred or postponed for any reason, the Public Parties and TIC agree that the rights and obligations of the Public Parties and TIC under this Agreement shall also be postponed until such development continues or as mutually agreed by TIC and the Public Parties. 15. Prior to the delivery of the New Easement to LBCWD, (a) LBCWD shall execute a quitclaim deed under which LBCWD quitclaims to TIC all of its right, title and interest in Page 7 and to the A -C p ion of the property previWly conveyed under that certain Grant Deed from TIC to LBCWD recorded on November 30, 1928, in Book 221, Page 76 in the Official Records of Orange County, California; and (b) LBCWD and SCWD shall jointly execute a quitclaim deed under which LBCWD and SCWD quitclaim to TIC all of their right, title and interest in and to the A -C portion of the easement previously conveyed by that certain Deed from TIC to LBCWD and SCWD recorded on December 17, 1952 in Book 2425, Pages 277 to 283, inclusive, and as described in an Agreement recorded on May 29, 1952, in Book 2336, Pages 528 to 543, inclusive, in the Official Records of Orange County, California. Both of such executed quitclaim deeds shall be delivered to TIC prior to recordation of the New Easement, and the two quitclaims shall be recorded immediately after recordation of the New Easement. Page 8 IN WITNIO WHEREOF, five copies of Gis Agreement have been executed by the parties hereto by their officers duly authorized, as of the day and year first above written. "LBCWD ". LAGUNA--'BEACH CO,NTY WA ER DISTRICT By: .Law� Title: President "SCWD" SOUTH COAST WATER DISTR CT By: e/� S Title: President "IRWD" IRVINE 'H WHAT 7 Dr I By : �(11/gg�� Title: e[srral as _ "NB" THE TY WPO A By: Ti e: "TIC" THE I VINE COMPAN , , Michigan corporatio By: L— Title: Vice �rer;dw^fi By: u. Title: A is;s+,F,4- Jeewe*if Q� PPp�0 G7 G iU Page 9 J STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On � ?,'`t� ' / 198 �� ;before me, the undersigE� d, a Notary Public in and for said State, personally appeared ichard Jahraus, personally known to me (or proved to me on the basis of satisfactory evidence) to be the President, Board of Directors of Laguna Beach County Water District and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political sub- division, and acknowledged that Laguna Beach County Water District executed the same. WITNESS my hand and official seal. �_`ctary Public in nd for said State Page 10 OFNCIAL SEAL / NOTARY N18UC &'1 IFORNI yY�jJ] MNCIPAL OFF WE IN ORANf,I CGUOir x,:m+ss:on Expires Jcre 24. 1�b, 0 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE On - 198 ( , before me, the undersigned, a 96tary Public in and for said State, personally appeared Charles R. Benton, personally know to me (or proved to me on the basis of satisfactory evidence) to be the President, Board of Directors of South Coast Water District and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged that South Coast Water District executed the same. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On '&o Y.S) , 198,f2_, before me, the . undersigned a ot�ublic i� n and for said State, personally. . appeared pi{ gg a, �&f ye) personally known to me ( o r proved to me o the basis-lot satisfactory evidence) to be the 5rtil-�� lopwL oe4 of Irvine Ranch Water District and known to mle or proved to me to be the person who executed the within instrument on behalf of said public corpor- ation, agency, or political subdivision, and acknowledged that Irvine Ranch Water District executed the same. WITNESS my hand and official seal. , otary Public in and for said S Page 11 OFFICIAL SEAL MICHAEL D KC?20R NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires SE. 25, 1989 OFFICIAL SEAL. LINDA D. JONES PUBLIC - CALIFORNIA WM PRINCIPAL OFFICE IN CO ORANGE UNTY T Commission tip. Dec. I6, 1988 -NOTARY On '&o Y.S) , 198,f2_, before me, the . undersigned a ot�ublic i� n and for said State, personally. . appeared pi{ gg a, �&f ye) personally known to me ( o r proved to me o the basis-lot satisfactory evidence) to be the 5rtil-�� lopwL oe4 of Irvine Ranch Water District and known to mle or proved to me to be the person who executed the within instrument on behalf of said public corpor- ation, agency, or political subdivision, and acknowledged that Irvine Ranch Water District executed the same. WITNESS my hand and official seal. , otary Public in and for said S Page 11 OFFICIAL SEAL MICHAEL D KC?20R NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires SE. 25, 1989 STATE OF CALIFOR ) ss. COUNTY OF ORANGE On this 6th day of September , 1988, before me, the undersigned a Notary Public in and for said State, personally C. appeared sis personally known to me (or proved to me on the ba of sa isfactory evidence) to be the person who executed the within instrument as Mayor on behalf of the City of Newport Beach and acknowledged to me that the City of Newport Beach executed it. WITNESS my hand and official seal. DOROTHY L. PALEN Notary Publ# in and for said State NOF of ;' Dorothy L. Palen ORANGE COUNFT MYCmo E*Av s 1M STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) On this o/b11\day of 17\1LU , 1983 before me, the undersigned a Notary Public in aild for said State, personally appeared C. B. Olson and James R. Cavanaugh personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice - President and Assistant Secretary, respectively, on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. -1 \��A Notary Public in and for said State Page 12 OFFICIAL SEAL NINA MIRASELLA m NOTARY PU©LIC - CALIFORNIA P ORANGE COUNTY My comm. expires MAR 30, 1990 6 � m u ¢ p .= ZW Igo 6 � N myb �N 1 C �N /•V 1 16- r . �.� �� �b •fir S: mJcj �I! •z a-t _ � ri /ate LU ca as U Recording Requested by and Return to: Laguna Beach County Water District c/o Jack Rimel, Esq. 1055 North Main Street, Suite 406 Santa Ana, CA 92701 FREE RECORDING REQUESTED: Essential to Acquisition By Laguna Beach County Water District Government Code 16013 EASEMENT DEED FOR VALUABLE CONSIDERATION, recept of which is hereby acknowleged, THE IRVINE COMPANY, a Michigan corporation, ('Owner" herein), hereby grants and conveys to LAGUNA BEACH COUNTY WATER DISTRICT, a California Water District organized under and existing pursuant to Section 34000 et seq. of the California Water Code, ( "Grantee" herein), a perpetual easement and right -of -way for the construction of a water transmission and distribution system and facilities and �'• all appurtenances thereto (the "Facilities"). This easement shall include, but not by way of limitation, the right to f construct, reconstruct, remove and replace, renew, inspect, maintain, repair, improve, and otherwise use the hereinafter described property for these purposes, together with incidental appurtenances and connections, in, over, under, upon, along, through and across the real property located in the County of IL Orange, State of California, as described in Exhibit "A" and depicted in Exhibit "B ", which exhibits are attached hereto and made a part hereof (the "Easement Area "), as necessary in connection with the use, operation and maintenance of the Facilities. The Facilities to be constructed and maintained shall be as, or substantially the same as, reflected in the plans and specifications (the "Plans ") for the presently proposed construction. The Plans are entitled: Exhibit "B" Page 1 1080 • • dated (the "Facilities "). The foregoing documents are on file with the LAGUNA BEACH COUNTY WATER DISTRICT at 306 Third Street, P.O. Box 987, Laguna Beach, California, and by this reference are herein incorporated. SUBJECT TO: Covenants, conditions, restrictions, easements, rights, rights -of -way and encumbrances of record. A. Rights of Owner to Use Easement Area: 1. Rights of Use. Subject to the provisions of Paragraph A.2 below, it is understood and agreed that the easements and rights -of -way acquired herein are also acquired subject to the rights of the Owner to use the Easement Area for any purpose whatsoever to the extent that such use does not interfere with the Grantee's use of its easement. The Owner retains all rights which are consistent with the easement. Such use by the Owner shall include, but not be limited to, the compatible use under, upon, over, and across the Easement Area, for roadways, pipelines, landscaping, landscape irrigation systems, fences or other compatible improvements which do not impair the structural integrity of the Facilities or access thereto. It is agreed, however, that no such compatible use for any other purposes shall be made until plans for such proposed use by Owner have been reviewed with or submitted to Grantee, and Grantee has concurred that such proposed use will be consistent with Grantee's use of the Facilities. If Grantee fails to provide objection in writing to any such proposed use by the Owner within ten (10) working days after plans for the proposed use have been received by Grantee, such proposed use shall be deemed concurred in by Grantee. Grantee agrees that it shall not unreasonably withhold its concurrence. B. Arbitration as to Owner's Use: I. Election by Owner. If Grantee objects to a proposed use of the Easement Area by the Owner requiring concurrence of Grantee, the Owner, within sixty (60) days after receiving written notice of such objection, may elect to submit to arbitration the question as to (i) whether such objection was unreasonable or (ii) whether such proposed use would interfere with the use of the Easement Area by Grantee for the purposes described herein. If through such arbitration it is determined either (a) that such objection was unreasonable or (b) that such proposed use would not interfere with such use by Grantee, such proposed use by the Owner shall be permitted. If the arbitration proceeding results in such proposed use by owner being permitted, the costs of such proceeding, including, Exhibit "B" Page 2 without limitation, reasonable attorneys' fees, whether incurred by Owner or Grantee, shall be borne by Grantee. if the arbitration proceeding results in such proceeding, including without limitation, reasonable attorneys' fees, whether incurred by Owner or Grantee, shall be borne by Owner. 2. Arbitration Procedure. If arbitration is elected pursuant to the foregoing paragraph, each party shall appoint one arbitrator within fifteen (15) days after such election to arbitrate has been made. If within such fifteen (15) day period either party has failed to appoint an arbitrator, the arbitration shall be conducted by the arbitrator appointed by the other party. Within ten (10) days after each party has so appointed an arbitrator, the two arbitrators so appointed shall appoint a third arbitrator. If such two arbitrators have not appointed a third arbitrator within such ten (10) day period, either party hereto may apply to the Superior Court of the County of Orange, State of California, for the appointment of such third arbitrator. Upon arbitrators being appointed as aforementioned, the arbitrators so appointed shall forthwith conduct the arbitration rules of the American Arbitration Association then in effect and shall make their award in such proceedings not later than thirty (30) days following the appointment of the arbitrator or arbitrators as aforementioned. C. Nonliability of Owner: 1. Liens. Grantee shall not suffer or permit to be enforced against the Easement Area, or any part thereof, any mechanics', laborers', materialmen's, contractors', subcontractors', or any other liens arising from or any claims for damages growing out of any work of construction or improvement performed by or caused to be performed by Grantee pursuant to its rights under this Grant of Easement. Grantee shall pay or cause to be paid all of said liens, claims and demands before any action is brought to enforce the same against the Easement Area; and Grantee hereby indemnifies and agrees to hold Owner and the Easement Area free and harmless from all liability for any and all such liens, claims and demands, together with all costa and expenses, including, but not limited to, attorneys' fees and court costs incurred by Owner in connection therewith; and Owner shall have the right at any time and from time to time to post and maintain on the Easement Area, or any part thereof, such Notices of Nonresponsibility as desired by Owner or as may be provided by law. Notwithstanding anything to the contrary contained in this paragraph, if Grantee shall in good faith contest the validity of any such lien, claim or demand, then Grantee shall, at its expense, defend itself and Owner against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement Exhibit "B" Page 3 0 0 thereof against Grantee or the Easement Area, and if owner shall require, Grantee shall furnish to Owner a surety bond satisfactory to Owner in an amount equal to such contested lien, claim or demand indemnifying Owner against liability for same, or if owner shall request, Grantee shall procure and record the bond provided for in the Civil Code of the State of California, or any comparable statute hereafter enacted providing for a bond freeing the Easement Area from the effect of such lien or claim or action thereon. 2. Indemnifv. Grantee agrees to indemnify Owner against and to hold Owner harmless from any liability, loss, claims or damage with respect to any property, injury or death of any person whomsoever, proximately caused by any negligence of Grantee, its employees, independent contractors, or agents, or by any act or omission for which Grantee, its employees, independent contractors, or agents are liable without fault in the exercise of the rights herein granted; save and except to the extent that such liability, loss, damage, injury or death is proximately caused by any negligent act or omission of the owner or the employees, agents or independent contractors of Owner (other than a failure to perform an act for which Grantee, its employees, independent contractors or agents are responsible under this Grant of Easement or applicable law or a failure to correct or to require Grantee to correct a condition created by Grantee, its employees, independent contractors or agents) or by any act or omission for which Owner or the employees, independent contractors or agents of owner are liable without fault. D. Grantee to Repair Damage: 1. Grantee agrees at its sole expense to repair to the original functioning state or replace all those improvements or other things, including without limitation, streets, alleys roadways, landscaping and other growing things, sidewalks, fences, pipelines and conduits upon, under over, across or along the Easement Area which are existing at the date hereof or which are installed or planted in accordance with the provisions of this Grant of Easement subsequent to the date hereof and which are in any manner whatsoever damaged or removed in connection with the exercise by Grantee of the rights herein granted; provided, however, that the obligation to repair and replace subsequently installed improvements and other things in the Easement Area shall be limited to standard paved driving surfaces and parking lots, sidewalks, fences, pipelines, conduits, signs, turf, ground cover, landscaping, landscape irrigation systems, and other similar improvements. 2. Any such repair or replacement to be accomplished at Grantee's expense as hereinabove provide shall be accomplished promptly following completion of the efforts of Grantee causing the damage or removal. The extent such repair Exhibit "B" Page 4 0 0 or replacement as herein required to be made at Grantee's expense has not been completed within sixty (60) days following notice with respect thereto from Owner, Owner may enter upon the Easement Area, accomplish such repair or replacement and the cost thereof shall thereafter be payable by Grantee to Owner within thirty (30) days following the rendering of a statement therefor to Grantee and such amount shall bear interest at the rate of ten percent (10 %) per annum until fully paid. E. Relocation at Owner's Expense: If owner in its good faith judgment determines that the Facilities interfere with the development of the Easement Area by owner, the following provisions will apply: 1. For any Facilities or portions thereof which would not cause a discontinuance of water service and /or a shutdown of the water transmission main constructed under this Easement, Grantee will relocate the Facilities or portions thereof at the sole expense of Owner and at no expense to Grantee within one hundred twenty (120) consecutive calendar days after Grantee's receipt of owner's written notice to relocate; and 2. For any Facilities or portions thereof which would cause a discontinuance of water service and /or a shutdown of the water transmission main constructed under this Easement, Grantee will relocate the Facilities or portions thereof at the sole expense of Owner and at no expense to Grantee within a reasonable time, based upon the scope of the improvement, but in no event longer than fifteen (15) months after Grantee's receipt of owner's written notice to relocate; provided, however, said obligation to relocate at the expense of Owner shall be conditioned upon the furnishing by Owner to Grantee of a good and sufficient permanent grant of easement in a feasible location, which grant of easement shall be in a form identical to this Grant of Easement. This right to cause such easement to be relocated at the expense of Owner may be exercised as many times as Owner shall elect. F. Successors and Assigns: This Grant of Easement shall be binding upon and inure to the benefit of the successors and assigns of Owner and Grantee. Exhibit "B" Page 5 0 G. Acceptance and Recordation: 0 Grantee agrees, by acceptance and recordation of this Grant of Easement from Owner, that the terms and conditions herein set forth shall be binding upon and inure to the benefit of Grantee. IN WITNESS WHEREOF this Grant of Easement has been executed this day of , 19_ "Owner" THE IRVINE COMPANY, a Michigan corporation By: _ Title: By: _ Title: STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this day of _' 1988 before me, the undersigned a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice - President and Assistant Secretary, respectively, on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State Exhibit "B" Page 6 of 8 0 EXHIBIT "A" Exhibit "B" Page 7 -- 0 Depiction of Easement Area EXHIBIT "B" Exhibit "B" Page 8 a o O Z N U 4 o Li O U F N G 3 v Jcr 3 C 3 O V K W O a K a 1* v N W O 0 K IL I 7 = 0 z V U S a: a a W 0d Im vu1IO1-r vnv KErrH ks ;;:: 15 60. 5' ;;;:::: 10' LB.C.W.D. S.C.E l ell I'le ,o' MIN. ell ' i 'I U iiii :r. Im vu1IO1-r vnv KErrH ks TOE OF SLOPE Y i. 2' I 4' I , "s "ss 1 p I I <I �i of �I UI K W M. a, • 00 RELOCATED LB.C.W.D. i 00 33' WATER S.C.E. 00 i e iVAULT li 10, MIN. S.C.E. CONDUIT t4.4' 5' �Wi■ ■mw2M� aswa■ i 1b j1 l' TELEPHONE CONDUrTSt 0 0 SEWER FK4NM I I 1 ! rs d U U 6 a 8' S.C.E. VAULT , "s "ss 1 p I I <I �i of �I UI K W M. a, • 00 RELOCATED LB.C.W.D. i 00 33' WATER S.C.E. 00 i e iVAULT li 10, MIN. S.C.E. CONDUIT t4.4' 5' �Wi■ ■mw2M� aswa■ i 1b j1 l' TELEPHONE CONDUrTSt 0 0 SEWER FK4NM I I 1 ! rs d U U 6 a 128�a �t J y N01 J y W CJ Jc W -M U m ol Lo I LO 'N N F I < h u J Z — 710 O O� K Z a Qj U 1 U g g � Z � U U w O v a U ZF N 0 el I y a PO ?C 2W + ' �I O a ^ c U ^ O W ryji J Z O• U m w m (� O 0- in 'U-) IN Y] w N U cr Y y t0 pi Ul7 lJ ~ n Q 3 ti 3 CL a • r n O N 1f a W W I I \ \ \\ N _o d �ZW b Lj F In N O N / �O n w / in r Op, cr U V1 l 1!I Q W vi ¢ a EXHIBIT "D" C Y Lr) 11 2 0 J V) Q C7 U_Z N Y N_ p �J U a p . h X u W ii CJ Jc W -M U m ol Lo I LO 'N N F I < h u J Z — 710 O O� K Z a Qj U 1 U g g � Z � U U w O v a U ZF N 0 el I y a PO ?C 2W + ' �I O a ^ c U ^ O W ryji J Z O• U m w m (� O 0- in 'U-) IN Y] w N U cr Y y t0 pi Ul7 lJ ~ n Q 3 ti 3 CL a • r n O N 1f a W W I I \ \ \\ N _o d �ZW b Lj F In N O N / �O n w / in r Op, cr U V1 l 1!I Q W vi ¢ a EXHIBIT "D" C Y Lr) 11 2 0 J V) Q C7 U_Z N Y N_ p �J LAGUNA BEACH C(*NTY WATER DISTRICT W, DIRECTORS: OFFICERS: RICHARD JAHRAUS, President JOSEPH A. SOVELLA y LOUIS J. ZITNIK, Vice President General Manager & Secretary ROBERT L. WESTPHAL BRUCE R. HERER EUGENE M. . SHIDLER Audimr(Treasurer ,. - Jata " A TED M. DONIGUTAN JAMES R. NESTOR District Engineer 4. ,• e � LEGAL COUNSEL: - RIMEL and RIMEL INCORPORATED 1925 September 13, 1988 Mr. Robert Dixon, Utilities Director City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 COAST SUPPLY LINE (CSL) - QUIT CLAIM AND JOINT POWERS AGREEMENT CONCERNING REPLACEMENT OF PORTION OF WATER TRANSMISSION LINE KNOWN AS COAST SUPPLY LINE Dear Bob: Enclosed is an original copy of the subject agreement signed by all parties for your files. Very truly yours, s R. Nestor rict Engineer JRN:jh Enclosure 306 THIRD STREET, P.O. BOX 987, LAGUNA BEACH, CA 92652 714/494 -1041 t i BY THE CITY COUNCIL CITY OF NEWPORT BEACH i JUN 2 T 1988 CITY CITY COO UNCCI L AGENDA 4(77 -12J t '- L ITEM NO. F-2(h) TO: MAYOR COX AND MEMBERS OF THE CITY COUNCIL From: Utilities Director SUBJECT: COAST SUPPLY LINE C - 2-7 / �/ RECOMMENDATIONS: 1. Adopt a resolution affirming the opposition of the City of Newport Beach to any disruption of traffic caused by work on the Coast Supply Line within the boundaries of the City of Newport Beach prior to the completion of Pelican Hill Road. 2. Approve a quitclaim and joint powers agreement concerning replacement of portion of water transmission line known as Coast Supply Line. 3. Approve a Memorandum of Understanding authorizing the design of phases 2 and 3 of the Coast Supply Line from Crystal Cove to Moro Cove. DISCUSSION: The Coast Supply Line, one of the two principal sources of water supply for future downcoast development, is in need of replacement due to corrosion. It is expedient and cost effective to replace the fifty-one year old line at this time due to the planned widening of Pacific Coast Highway in the area between the border of Corona del Mar and Laguna. Laguna Beach County Water District ( LBCWD) on behalf of the owners of the line, which also include Newport Beach, Irvine Ranch Water District, and South Coast Water District, is acting as the lead agency in replacing the line. In order to proceed with the project in a timely manner, LBCWD has requested approval by the City Council of a Memorandum of Understanding to begin design work for phases 2 and 3 of the work from Crystal Cove to Moro Beach. In addition, LBCWD has requested City Council approval of a Joint Powers Agreement for work on Phase 1 of the project in reaches A -B, from the eastern boundary of Corona del Mar to Crystal Cove, as shown on the attached map (Exhibit A). The City Council Water Committee reviewed these documents at its meeting on June 14, 1988 and directed staff to submit them to City Council with a recommendation for approval. All work covered by these documents will take place outside of the City of Newport Beach. Newport Beach owns 12.64% of the capacity of the line in the area between Hazel Drive and Crystal Cove. Funds for the City's share of the work are included in the 1988 -89 budget. The Water Committee expressed concern that the final phase of the project, scheduled for the winter of 1990, which will take place between Fernleaf Avenue and the eastern boundary of Corona del Mar will impede traffic in Corona del Mar. The impact of the disruption will be magnified if Pelican Hill Road is not completed on schedule. As a result, the Water Committee directed staff to prepare a resolution affirming the City's opposition to work on the Coast Supply Line taking place within the city limits before the completion of Pelican Hill Road. Respectfully submitted, Robert J. Dixon Utilities D rector e V y <46a� ¢w w3ya :i: w91 I ySlS' �i z. e ��j'y /payry / vb N a p dm �. U � .. .. ✓� i 4u11 %, �� w. co � duE �r_ m L }N P ye i m 63 Fq Y ca a. pV Q AI4 �Iibo J ev ° W Q u c m � � tt Ak U 1 0 DRAFT \ June 1, 1988 COAST SUPPLY LINE (CSL) REPLACEMENT - MEMORANDUM OF UNDERSTANDING Because of the pending vicinity of the CSL and ting CSL, it is the des existing CSL with a new It is understood that Inc., (JMM) has been the CSL. widening of Pacific Coast Highway in the the deteriorated condition of the exis- ire of the parties hereto to replace the facility. James M. Montgomery, Consulting Engineers, retained to design the replacement of Upon the signing of this Letter of Understanding, the parties hereto give their authorization for JMM to proceed with the design of Phases 2 and 3 of the subject new facilities, as outlined in their proposal. Their fees for the preparation of the design report and the design of the new facilities has been outlined in their Proposal, dated November 12, 1987, and Addendum, dated February 8, 1988, as previously submitted to the parties hereto. The parties hereto agree to pay their proportionate share of the costs associated with the said design repo?:ts and design, based on the capacities desired in each Reach of the CSL by each party. Tte actual cost of construction of the CSL cannot tie determined at this time. However, the parties hereto agree to pay their proportionate share of the costs in association with the construction of the new facilities, based on the capacities desired in each Reach of the CSL by each party, except that South Coast Water District shall only pay for oversizing of the CSL in Reaches 1 and 2 from 27 -inch inside diameter to 30 -inch inside diameter. A Joint Powers Agreement is currently being prepared and will be executed by the parties hereto prior to advertising for bids for the replacement of the CSL. Laguna Beach County Water South Coast Water District District Irvine Ranch Water District City of Newport Beach EXHIBIT "B"