Loading...
HomeMy WebLinkAboutC-2819 - Water Line Easement Exchange Banning property (Deed No. 1868)CITY OF NEWPORT BEACH August 18, 1995 P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Carolyn B. Stocker, Executive Director Business Services & Auxiliary Operations Newport Mesa Unified School District 2985 -A Bear Street Costa Mesa, CA 92626 Subject: Proposition 99 - Tobacco -Free Environment Amendment No. 4 - Banning Property Dear Ms. Stocker: Thank you for your letter dated June 21. As you requested, enclosed are three (3) fully executed copies of Amendment No. 4 to the lease between the Newport -Mesa Unified School District and the City for the Banning property located at the west end of 16th Street and Whittier Avenue. In accord with this amendment, the lease has been extended for an additional year at the current lease rate, and the use of all tobacco products is prohibited on the District's property. Also, be advised that the City will pursue an extension of the lease next year as well. Please direct any future matters regarding this property to my attention as Mr. Jeff Staneart has left the City to pursue other interests. We appreciate your continued efforts, and if you should need further assistance, please contact me at (714) 644 -3011. Very truly yours, Michael J. Sinacori, P.E. (Acting) Utilities Manager MJS:cja cc: Wanda Raggio 3300 Newport Boulevard, Newport Beach ! 0 AMENDMENT NO.4 LEASE AGREEMENT The Lease Agreement between the Newport-Mesa Unified School District and the City of Newport Beach for the property referred to as the Banning Property at Whittier and Sixteenth Street shall be amended as follows: Section 2 shall be amended to extend the tens of the Lease for an additional one (1) year beginning June 12, 1995, and ending June 11, 1996. The following section is hereby added to the Lease Agreement: 15. DISTRICT recognizes that the use of tobacco products represents a health and safety hazard which can have serious consequences for the tobacco -user and non -user alike. It is the intent of DISTRICT that all District buildings, property, and vehicles remain tobacco -free. Therefore, the Board of Education directs that all District buildings, property, and vehicles shall be designated and posted tobacco -free effective July 1, 1995. All other terms and conditions to remain the same. NEWPORT -MESA UNIFIED SCHOOL DI TRICT Date: 6 -13 -95 By. C.M. Bemd, Superintendent CITY OF NEWPORT BEACH Date: 6-t, -9s By: (Ac'T.ab� UTiu7�ES MA.1g6E� July 8, 1994 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Newport Mesa Unified School District 2985 - A Bear Street Costa Mesa, California 92626 Attention: Carolyn B. Stocker, Executive Director Business Services & Auxiliary Operations Subject: Banning Property Lease to City of Newport Beach Amendment No. 3 - One -year Time Extension Dear Ms. Stocker: FILE COPY Enclosed are three (3) fully executed copies of the Amendment No. 3 to the lease between the Newport - Mesa Unified School District and the City for the Banning Property at the westerly end of 161h Street. In accord with the amendment, the new lease termination date is June 11th, 1995. Your assistance and effort in this matter are greatly appreciated. If you have any questions or need anything else, please call me. I can be reached at (714) 644 -3011. Very truly yours, r � Jeff Staneart, P.E. Utilities Director JS: tam attachments: NMUSD /CNB Property Lease; Amendment No. 2; dated June 12, 1994 CC: Wanda Raggio 3300 Newport Boulevard, Newport Beach NEAORT- -MESA Uniied School District post office box 1368 • newport beach, california 92663 • (714) 760 -3200 July 6, 1994 BOARD OF TRUSTEES JIM de BOOM • EDWARD H. DECKER • MARTHA FLUOR • JUDITH A. FRANCO SHERRY LOOFBOURROW • RODERICK H. Mac MILLIAN • FORREST K. WERNER Mr. Jeff Staneart, P.E. Utilities Director City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 -8915 Re: Banning Property Lease Amendment No. 3 Dear Mr. Staneart: DR. MAC BERND. Superintendent Attached are five copies of Amendment No. 3 to the Banning Property Lease as approved by our Board of Education on June 28, 1994. Please sign all copies and return two copies with original signatures and the copy marked "Minute Book" to my office as soon as possible. Thank you for your prompt attention to this request. Sincerely, Carolyn B. Stocker, Executive Director Business Services & Auxiliary Operations CBS:bv /:IRMI rS 0 -TIM MANAGEMENT SUPPORT SERVICE DIVISION CAROLYN STOCKER, Director 2985 -A BEAR STREET. COSTA MESA, CA 92626 • P.O. BOX 1368 • NEWPORT BEACH. CA 92663 • (714) 556 -3240 • FAX (714) 549 -7257 0 LEASE AGREEMENT 0 . N t,�, t Section 2 of the Lease Agreement shall be amended to extend the term of the Agreement between the Newport -Mesa Unified School District and the City of Newport Beach for a portion of the District's Banning property at Whittier and Sixteenth Street shall be extended for an additional one (1) year beginning June 12, 1994, and ending June 11, 1995. All other terms and conditions to remain the same. Dated: June 28, 1994 Dated: 6 r 19oi¢ NEWPORT -MESA UNIFIED SCHOOL DISTRICT By, C� \ C.M. Bernd, Superintendent CITY OF NEWPORT BEACH By: Fr- 5rANE.'cR7- uT1t_1TB$ 01R.ECTOR REF. 19.2 9 11 CITY OF NEWPORT BEACH September 10, 1993 P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 FILE Copy Newport Mesa Unified School District 2985 Bear Street, Building "A" Costa Mesa, California 92626 Attention: Carolyn Stocker, Director Management Support Services Division Subject: Banning Property Lease to City of Newport Beach Amendment No. 2 - One -year Time Extension Dear Ms. Stocker, Enclosed are the four (4) signed originals of the Agreement Amendment to extend the City's property lease of the District's Banning Property at the westerly end of 16th Street. My apologies for the delay in returning it to you. The invoice for the revised lease payment has already been processed and, "The check is in the mail." I'll bet you've never heard that before. Your assistance in this matter is appreciated. If you have questions or need anything else, please call me. I can be reached at (714) 644 -3011. Very truly yours, Jeff Staneart, P.E. Utilities Director JS: sdi 3300 Newport Boulevard, Newport Beach NEWPORT -MESA Unified School District DR. JOHN W. NICOLL, Superintendent July 23, 1993 Mr. Jeff Staneart, Utilities Director CITY OF NEWPORT BEACH P. O. Box 1768 Newport Beach, CA 92659 -1768 MANAGEMENT SUPPORT SERVICES DIVISION CAROLYN STOCKER. D;recror 2985 A Bear Svee1. Cp414 Mega. U 9:625 Ro Spa 368_: t._.o 9eacn. CA S2663 17141556 3vo Re: Amendment No. 2 to Banning Property Lease Dear Mr. Staneart: Enclosed are four copies of Amendment No. 2 to the Lease Agreement between the Newport -Mesa Unified School District and the City of Newport Beach for a portion of the Banning property. Please sign all four copies, retain the copy indicated for your file, and return the remaining copies to this office at your earliest convenience. If you have any questions, please call (714) 556 -3240. Thank you. Sincerely, Carolyn Stocker, Director Management Support Services CBS:rm Enclosures 0 0 AMENDMENT NO. 2 LEASE AGREEMENT Section 2 of the Lease Agreement shall be amended to extend the term of the Agreement between the Newport -Mesa Unified School District and the City of Newport Beach for a portion of the District's Banning property at Whittier and Sixteenth Street shall be extended for an additional one (1) year beginning June 12, 1993, and ending June 11, 1994. Section 3 of the Lease Agreement shall be amended to charge the sum of Three Hundred and no /100 (300.00) per month, on a prorated basis. All other terms and conditions to remain the same. Dated: July 13, 1993 Dated: JUL`/ 2.1 , 1993 NEW T-MES IFIE1DSCHOOL DISTRICT By: V Ro i H. MacMil an, President CITY OF NEWPORT BEACH By: Jet SrANEAR.r, urtLirjHS V(MCTOR. June 15, 1992 • 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Newport Mesa Unified School District 2985 Bear Street, Building "A" Costa Mesa, California 92626 Attention: Carolyn Stocker, Director Management Support Services Division Subject: Banning Property Lease to City of Newport Beach Amendment No. 1 - One -year Time Extension Dear Ms. Stocker, Cosy Enclosed are three (3) fully executed copies of the Amendment No. 1 to the lease between the Newport - Mesa Unified School District and the City for the Banning Property at the westerly end of 16th Street. In accord with the amendment, the new lease termination date is June 11th, 1993. Your assistance and effort in this matter are greatly appreciated. If you have any questions or need anything else, please call me. I can be reached at (714) 644 -3011. Very truly yours, 9� Jeff Staneart, P.E. Deputy Utilities Director JS: sdi attachments: NMUSD /CNB Property Lease; Amendment No. 1; dated June 12, 1992 cc: Don Simpson Ed Burt Pete Antista Wanda Raggio 3300 Newport Boulevard, Newport Beach • • AMENDMENT NO. 1 LEASE AGREEMENT The term of the Agreement between the Newport -Mesa Unified School District and the City of Newport Beach for a portion of the District's Banning property at Whittier and Sixteenth Street shall be extended for an additional one (1) year beginning June 12, 1992 and ending June 11, 1993. All other terms and conditions to remain the same. Dated: 5/26/92 Dated: e.([Z�L NEWPORT -MESA UNIFIED SCHOOL DISTRICT B hn W. Nicoll, Superintendent CITY OF NEWPORT BEACH By: t ART, (AC.T(N(a)LMUTj1%0jVSMR. :7 • TO: City Council FROM: Utilities Department May 14, 1990 CITY COUNCIL AGENDA 711E C1 B.ACH F -2(d) CIi'! OF NEWPORT Ec;a:,H t r _y SUBJECT: WATER LINE EASEMENT EXCHANGE WITH NEWPORT -MESA SCHOOL DISTRICT RECOMMENDATIONS: Adopt resolution authorizing Mayor and City Clerk to sign agreement with Newport -Mesa School District and to sign Quitclaim Deed. DISCUSSION: In order to transport water from the proposed well field in Fountain Valley, a transmission water line will need to be constructed. The City presently has a 10 -foot wide easement between the Santa Ana River and 16th Street that crosses properties owned by West Newport Oil and the Newport -Mesa School District as shown on the attached exhibit. This easement crosses the proposed 350 -foot wide marsh mitigation area that will be located adjacent to the Santa Ana River. In addition, many oil lines cross the easement which would make construction difficult. The easement also crosses the School District site diagonally which impacts the use of the property. The agreement requires the City to remove the existing 12 -inch pipeline across the school property upon completion of the construction of the new water line. The School District and West Newport oil are willing to grant the City a new 20 -foot wide easement located generally along the property lines which will have less impact on future development, will have less construction conflicts and will be outside the future marsh mitigation area. The new easement to be granted by the School District and the s ment to be quitclaimed are shown on the attached Exhibit • nAn Robert J. Dixon Utilities Director DCS:so Attachments NEWPORT -ME�1 \ SCHOOL DISTRICT SITE NORTFERSTERLY BOUNDRRY PER O.R. 7620/215 °;��� V' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WATER LINE NEWPORT —MESA 16TH STREET AND �tAmjz EASEMENTS SCHOOL SITE WHITTIER AVENUE A a WATER LINE EASEMENT NO. 2 TO BE GRANTED TO CITY BY SCHOOL DISTRICT WRTER LINE EASEMENT NO. 1 TO BE OUITCLRIMED BY CITY EXHIBIT "R" DIRECTOR OF PUBLIC WORKS rcw.1.y FT/MR I R /W- 5524 -L AGREEMENT REGARDING EXCHANGE OF WATER LINE EASEMENTS THIS AGREEMENT, entered into this /5Z2L- day of 1990, by and between the CITY OF NEWPORT BEACH, a munici al corporation, (hereinafter referred to as "CITY ") and NEWPORT -MESA SCHOOL DISTRICT, (hereinafter called "DISTRICT "), is made with reference to the following: RECITALS• A. By an indenture dated November 1, 1923, recorded in Book 182, Page 237 of Official Records of Orange County, CITY was granted an easement to construct and maintain a water pipe line across DISTRICT'S property shown as Easement No. 1 on Exhibit "A" attached hereto. B. CITY has constructed and continues to maintain a water pipe line within Easement No. 1. C. CITY desires to construct a new water line in another location on DISTRICT'S property shown as Easement No. 2 on Exhibit "A" and Quitclaim Easement No. 1. NOW, THEREFORE, the parties mutually agree as follows: 1. CITY agrees that it will execute a quitclaim deed conveying and releasing its interest in that portion of Easement No. 1 within DISTRICT'S property. 2. DISTRICT agrees that it will grant CITY an easement to construct and maintain a water line across DISTRICT's property in the location shown for Easement No. 2. 3. DISTRICT will allow CITY to continue to operate the existing water line within Easement No. 1 until the new water line in Easement No. 2 has been completed or until December 1, 1991, whichever occurs first. 4. CITY agrees to remove the existing water line in Easement No. 1 within the DISTRICT'S property within 60 days after CITY ceases to operate the water line as set forth in Paragraph 3. herein. 1 0 5. CITY agrees to construct the new water line within Easement No. 2 so that it will have a minimum depth of cover below the existing ground surface of 42 inches. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. AS TO FORM: Attorney ATTEST: City Clerk / ' f) CITY OF NEWPORT BEACH, a Municipal Corporation By djg4""' MAYOR NEWPORT -MESA SHCOOL DISTRICT By S PERINTENDENT • w W H 0 `\ NEWPORT -MESR \ \ SCHOOL DISTRICT SITE \ NORTHEASTERLY BOUNDARY ` PER O.R. 7620/215- \\ �Q p `\ 16� V' CITY OF NEWPORT REACH PUBLIC WORKS DEPARTMENT WRTER LINE ERSEMENTS NEWPORT -MESA SCHOOL SITE 16TH STREET RND WHITTIER RVENUE 111 WATER LINE EASEMENT NO. 2 TO BE GRANTED TO CITY BY SCHOOL DISTRICT \ 2 WATER LINE EASEMENT NO. 1 TO BE QUITCLRIMED BY CITY EXHIBIT "R" 11/16/89 DIRECTOR OF PUBLIC WORKS DS I" = 200' FT/MR R /W- 5524 -L } •s, GOVERNMENT CODE 6103 T PER 90-511496 �. 1RENE BUTLER C'�t Cler4t 0aa:d o RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk, City of Newport Beach Post Office Box 1768 EXEMPT 3300 Newport Boulevard Newport Beach, CA 92659 -1768 C2 RECORMID IN OFOFtMW COUNIYACALIFORNIA 1.30 SEP251990 P.M. Space Above This Line For Recorder's Use Only of QUITCLAIM DEED CITY OF NEWPORT BEACH, a municipal corporation, does hereby release, remise and forever quitclaim all its present right, title and interest in the property hereinafter described to the Newport -Mesa School District, owner of record of real property in the County of Orange, State of California, to wit: All that certain piece or parcel of land described as being a portion of Blocks B and C of the Banning Tract, as per map filed in Case No. 6385 of the Superior ..,, Court of Los Angeles County, California, within Parcel 1 as said parcel is described y ��� ✓� �® in the final order of condemnation recorded�`yegeyrl99� in Book 7620, Page 215, having a width of 10 feet and lying 5 feet on each side of the following described center line: Beginning at a point in the Northerly line of the aforesaid Block B, which point is 4241.95 feet Westerly of the center line of Whittier. Avenue as said Whittier Avenue is laid out and shown upon a map of the First Addition of Newport Mesa Tract as recorded in Miscellaneous Maps Book 8, Page 61, Records of Orange County, California, said distance being measured along the Northerly line of the aforesaid Block B of the Banning Tract; thence South 460 46' East 5781.30 feet to a point, which point is at the intersection of the Southerly prolongation of the Westerly line of the aforesaid Whittier Avenue and the Westerly prolongation of the center line of Sixteenth Street, as said Sixteenth Street is laid out and shown upon a map of the Newport Mesa Tract, as recorded in Miscellaneous Maps Book 5, Page 1, Records of Orange County, California; thence Easterly along the Westerly prolongation of the center line of the aforesaid Sixteenth Street a distance of 380.59 feet to a point in the Southwesterly line of the property conveyed by the Banning Company to Stephen Townsend, et ux., by deed recorded in Boca: 139, Page 381, of Deeds, Records of Orange County, California.( Exhibit "A" attached ttesolu- tion No. 05 -08 -91 authorizing acceptance by Newport Mesa Uni ied School District) Dated: & ,f , 1990. ATTEST: U City Clerk CITY OF NEWPORT BEACH BY l i1+G Mayor CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by the deed or grant dated June 29, 1990, from the City of Newport Beach, California to the Newport -Mesa Unified School District, a political corporation and /or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the Newport -Mesa Unified School District pursuant to authority conferred by Resolution No. 05 -08 -91 of the Board of Education of the Newport-Mesa Unified School District, adopted on August 21, 1990, and the Grantee consents to the recordation thereof by its duly authorized officer. NEWPORT -MESA UNIFIED SCHOOL DISTRICT v Dated: 8/21/90 By: ohn W. Nicoll, Superintendent STATE OF CALIFORNIA COUNTY OF ORANGE OFFICIAL SEAL VIRGINIA M. PELLETIER A.NaMrARY PUBLIC - CALIFORNIA ORANGE COUNTY y Commission Expires 12/22/92 ACKNOWLEDGMENT— General —WOWHS Form 233CA —B . 5 82 ©1962 WOLCOTTS, INC. IW¢e cuss 6 2) }ss. On this 18th day of September , in the year 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN W. NICOLL , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ is subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official eal. i Notary Pub c in and for said State. I�I 1 0 EXHIBIT "A" • RESOLUTION NO. n5 -nR_nl RESOLUTION OF THE BOARD OF EDUCATION OF THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT AUTHORIZING THE SUPERINTENDENT, UNDER CERTAIN CONDITIONS, TO EXECUTE CERTIFICATES OF ACCEPTANCE REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 27281 WHEREAS, from time -to -time the Newport -Mesa Unified School District ( "District ") has occasion and reason to accept an interest in or easement upon real estate, which is or may be beneficial to the District; and WHEREAS, California Government Code section 27281 requires that the District's acceptance of any interest in or easement upon real estate be evidenced by a certificate or resolution of acceptance attached to or printed on the deed or grant. NOW, THEREFORE, the Board of Education of the Newport- Mesa Unified School District does hereby resolve, determine and order as follows: SECTION 1: That henceforth, when the Board of Education, by motion duly made, seconded and approved, agrees to accept any interest in or easement upon real estate, the Superintendent shall, by the mere approval of such motion, be authorized and directed, without further Board action, to execute a certificate of acceptance. SECTION 2: The Superintendent is hereby authorized and directed to execute a certificate of acceptance evidencing the Districts acceptance of the interest conveyed to the District by the City of Newport Beach via quitclaim deed dated June 29, 1990. 8ets /db /rm :reso.A20 2 t� I� SECTION 3: The certificate Of acceptance to be executed by the Superintendent, as provided for in Sections 1 and 2 above, shall be in substantially the same form as attached hereto as Exhibit A. ADOPTED, SIGNED AND APPROVED this 21st day of August, 1990. STATE OF CALIFORNIA COUNTY OF ORANGE OFFICIAL SEAL VIRGINIA M. PELLETIER NOTARY PUBUC - CALIFORNIA ORANGE COUNTY My Oomnimsion Erzpkas 12/22/92 ACKNOWLEDGMENT— U.,al— wokoes ram 233CA —Rm. 5 82 amun i.m 1 1 1., force cWZs 9 21 BOARD OF EDUCATION OF NEWPORT — MESA UNIFIED SCHOOL DISTRICT By: By: By: By: By: By By ) ss. On this 18th day of September in the year 1920 , t before me, the undersigned, a Notary Public in and for said State, personally appeared Judith A. Franco, Sherry Loofbourrow, Jim de Boom, rom witliams , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persorl= whose name s are subscribed to the within instrument, and acknowledged to me that t hey_ cacwmu n. WITNESS my hand and official seal. c `CJLtgr�,iue�.. Y i7 . Notary Public ni and for said State. • RESOLUTION NO. 90 -45 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT REGARDING AN EXCHANGE OF WATER LINE EASEMENTS BETWEEN THE CITY AND NEWPORT -MESA SCHOOL DISTRICT WHEREAS, by an Indenture dated November 1, 1923, recorded in Book 182, Page 237 of Official Records of Orange County, the City of Newport Beach was granted an easement to construct and maintain a water pipe line across a certain parcel of land shown as Easement No. 1 on Exhibit "A" attached hereto, and the City has constructed and continues to maintain a water pipe across said property pursuant to said indenture; and WHEREAS, City desires to construct a new water line in another location on Newport -Mesa School District property shown as Easement No. 2 on Exhibit "A" attached hereto; and WHEREAS, the City is willing to execute a Quitclaim releasing the City's interest in said Indenture of November 1, 1923; and, WHEREAS, the City and the Newport -Mesa School District are willing to enter into an agreement for the exchanging of water line easements: NOW, THEREFORE, BE IT RESOLVED: 1. The above mentioned agreement for exchange of water line easements is approved, and the Mayor and City Clerk are hereby authorized to execute the same on behalf of the City. 2. The Mayor and City Clerk are authorized to execute a Quitclaim Deed conveying the City's interest under said indenture of November 1, 1923, to the owner or owners of record of the real property. Adopted this 14th day of May MAYOR 1990 0 110 NEWPORT -MESA \ SCHOOL DISTRICT SITE NORTHEASTERLY BOUNDARY PER O.R. 7620/215 \` 'lp F rg�Fq��NT� `l CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT W fn1 WATER LINE EASEMENT NO. 2 TO BE GRANTED TO CITY BY SCHOOL DISTRICT �ZIZT�Z� 16TH ST. , WATER LINE EASEMENTS NEWPORT -MESA SCHOOL SITE 16TH STREET AND WHITTIER RVENUE WATER LINE EASEMENT NO. 1 TO BE QUITCLAIMED BY CITY EXHIBIT "V 11/16/89 DIRECTOR OF PUBLIC WORKS R.E. NO. 12806 IutS1UNLU DS Ib( -HLL 1" = 200 DRAWN FT /MR I R /W- 5524 -L