Loading...
HomeMy WebLinkAboutC-2834 - Easement for Water Line ConstructionTO: From: a City Council Meeting September 10, 1990 Agenda Item No. -j d' MAYOR PLUMMER AND MEMBER OF THE CITY COUNCIL Robert J. Dixon, Utilities Director ov SUBJECT: GRANT OF EASH911?WPf0R WATERLINE CONSTR'UC-nON C —?3ZI Recommended action: If desired, accept a grant of easement from the County Sanitation Districts and approve a quitmclaim of any interest the City might have in and to a no longer required easement. Background: The City of Newport Beach is constructing a pipeline crossing the West Newport Oil property, the Santa Ana River, and Wastewater Treatment Plant No. 2. This pipeline will connect to the Orange County Water District's Seawater Intake line which the City plans to use to transmit well water from the groundwater basin to the City's distribution system. An easement for the construction of the water line within the County Sanitation Districts' treatment plant is required. The Districts' staff have agreed to the easement without charge to the City. A copy of the easement is attached for your consideration as is a quitclaim of an earlier easement held by the City. The easement to be quitclaimed is for a now abandoned water line formerly used by the City to convey water from well sites that have failed due to salt water intrusion. submitted, Robert J. Dixon Utilities Director C-z ?31 AGREEMENT BY AND BETWEEN COUNTY SANITATION DISTRICT No. 1 OF ORANGE COUNTY, CALIFORNIA AND THE CITY OF NEWPORT BEACH REGARDING WATER LINE EASEMENT THIS AGREEMENT. is made and entered into, to be effective this 10th.day of October, 1990, by and between: AND COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA; acting for itself and on behalf of County Sanitation District Nos. 2, 3, 5, 6, 7, 11, 13, and 14 of Orange County, California, a public corporation, hereinafter referred to as "District "); CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City "). RECITALS• A. District is the owner of property located in the City of Huntington Beach, County of Orange, State of California, more particularly shown in Exhibit "A" and described in Exhibit "B" attached hereto and by this reference incorporated herein ( "Easement Area "). B. City is constructing a 30 -inch well field water line across the District's property located in the Easement Area. C. District has agreed to grant and convey to City a perpetual easement and right -of -way for City's water line located in the Easement Area. D. In consideration of the Grant of Easement, City has agreed to execute in favor of District a Quitclaim Deed releasing any and all interest City may have in and to the easement and right -of -way over real property situated in the City of Huntington Beach, County of Orange, State of California, more particularly shown. in Exhibit "C" and described in Exhibit "D ", attached hereto and by this reference incorporated herein. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Concurrently with the execution of this Agreement, District shall execute in favor of and deliver to City that certain Grant of Easement, a copy of which is attached hereto as Exhibit "E ", granting and conveying to City, a perpetual easement and right -of -way for water line purposes and main- taining, operating, altering, repairing, replacing, recon- structing and inspecting from time to time the water line over real property situated in the City of Huntington Beach, County of Orange, State of California, more particularly described in Exhibit "E" and by this reference incorporated herein. 2. Concurrently with the execution of this Agreement, City shall execute in favor of and deliver to District that certain Quitclaim Deed, a copy of which is attached hereto as Exhibit "F ", releasing any and all interest City may have in and to the easement and right -of -way over real property situ- ated in the City of Huntington Beach, County of Orange, State of California, more particularly described in Exhibit "F ", and by this reference incorporated herein. 2 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth hereinabove. "DISTRICT" COUNTY SANITATION DISTRICT, NO. 1 OF ORANGE COUNTY, CALIFORNIA, acting for itself and on behalf of County Sanitation District Nos. 2, 3, 5, 6, 7, '11, 1,3 and 14 of Orange County, U APPROVED AS TO FORM: THOMAS WOODRUFF DIS797VI& COUNSEL By /// T "CITY" CITY OF NEWPORT BEA -qH, a Municipal Corporation By E • •R • Mayor BKO:tw:D:8 /21/90:L436.tw 3 aonwac Wo••orr ewu4, u 12P, I. I�� z z O V W cr- V` T z V z Q:� W w°� '5- L�. LJ O v Ln O W E— 3 W H z Z�v J U7 O LLJ Q F- Z H 3 C> V O Q F— F— H z LO r z z O V u 3.86_ U7 H V_ G F- ti >- z O V ZD -w � U L CD H O 0 �A 6 /-. 1p .I fS'Bar I I 1 . m Im II {� -c7. —d m.1 � , I w � N m N � m Z m m 1 v Z! I `F IL I / sF \ I I � � m \ \® W {�, S •, top, F— I— V H �'r 1 oz o� LLJ ¢_ Z cr W Z z J U3 g >- z C) z C> f i V / IL I / sF \ I I � � m \ \® W {�, S •, top, Ll EXHIBIT "B" 0 DESCRIPTION OF PERMANENT EASEMENT FOR THIRTY INCH WATER MAIN RELOCATION TO BE GRANTED TO THE CITY OF NEWPORT BEACH A strip of land ten feet wide partly in Section 19, Township 6 South, Range 10 West and partly in Block B Banning Tract, as per Map filed in Case No. 6385 of the Superior Court of Los Angeles County, California and laying five feet in either side of the following described center line: Beginning at the intersection of the center line of Banning Street and the westerly line of the Santa Ana River as shown upon record of Survey No. 87 -1099 recorded in Book 121, pages 32 -35 of Records of Surveys, County of Orange, California; thence southerly along said westerly line South 14 °,18', 48" West, 108.51 feet to the True Point of Beginning; thence parallel to the center line of said Banning Street as shown upon said map North 89 0,27', 13" West, 240.00 feet; thence North 0 "32', 47' West, 75.43 feet; thence North 89 °, 27',13" West, 402.83 feet to the easterly line of Brookhurst Street, located 60.00 feet measured at right angles from the center line of Brookhurst Street as shown in said map. EXHIBIT r\Crr • �.:.. �c -•.,; 1:;x:5 u.: � :_;;.: I(�1 . ; ` �.... � . ' .. 1 G. yam:• h � �... _ v � a 1�ti8 r :�, �• W . IQ- �� © 8 �8 �� .y z is it ` M — \ lo I G �i ZJ N to t- \ •114 ( { v '♦ w> fe <, '6y �1 11' G.� \ r. r' p • EXHIBIT "D" 0 DESCRIPTION OF EXISTING TEN FOOT WIDE WATER LINE EASEMENT TO BE QUITCLAIMED TO COUNTY SANITATION DISTRICTS OF ORANGE COUNTY A strip of land ten (10) feet wide, the center line which is described as follows: Beginning at a point in the North line of the South Half of the Northwest Quarter of the Southeast Quarter of Section 18, Township 6 South, Range 10 West, S.B.B. &M. said point being located 200 feet East of the West line said Southeast Quarter; thence South 46 °, 48' East, 2892.47 feet, more or less, to a point in the South line of said Section 18 said point being located 2308.29 feet East of the Southwest corner of Southeast Quarter of said Section 18. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: County Sanitation of Orange County, P.O. Box 8127 Fountain Valley, Attention: Rita EXHIBIT "E" Cite 117 District No. 1 Deed California No. CA 92728 -8127 J. Brown, Board Secretary MAIL TAX STATEMENTS TO: Same as Above ya --- 9970.3 AP No. 114 - 160 -058 Space Above This Line For Recorderls Use Only GRANT OF EASEMENT The undersigned declare documentary transfer tax is none. Governmental agencies exempt are the County Sanitation Districts of Orange County, California and the City of Newport Beach. Government Code Section 27383. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, acting for itself and on behalf of County Sanitation Districts Nos. 2, 3, 5, 6, 71 11, 13, and 14 of Orange County, California, hereinafter referred to as IlGrantorli hereby grants and conveys to the CITY OF NEWPORT BEACH, hereinafter referred to as "Grantee#', a perpetual easement and right of way for water line purposes and for maintaining, operating, altering, repairing, replacing, reconstructing and inspecting from time to time the water line over real property situated in the City of Huntington Beach, County of Orange, State of California, more particularly described as follows: A strip of land ten feet wide partly in Section 19, Township 6 South, Range 10 West and partly in Block B Banning Tract, as per Map filed in Case No. 6385 of the Superior Court of Los Angeles County, California and laying five feet on either side of the following described center line: i • Beginning at the intersection of the center line of Banning Street and the westerly line of the Santa Ana River as shown upon record of Survey No. 87 -1099 recorded in Book 121, pages 32 -35 of Records of Surveys, County of Orange, California; thence southerly along said westerly line south 140, 181, 48" west, 108.51 feet to the True Point of Beginning; thence parallel to the center line of said Banning Street as shown upon said map north 89 °, 271, 13" west, 240.00 feet; thence north 0 °, 321, 47" west, 75.43 feet; thence north 89 °, 271, 13" west, 402.83 feet to the easterly line of Brookhurst Street, located 60.00 feet measured at right angles from the center line of Brookhurst Street as shown on said map. Grantor reserves to itself the right to use the surface of the Easement Area for any purpose, including, without limitation, the construction of permanent buildings or structures, landscaping, paved parking and vehicular and pedestrian ingress and egress. Grantor further reserves the right to require Grantee to raise or lower any water line facilities Grantee constructs within the Easement Area if in the future there is an interference with any facilities constructed by Grantor that crosses the Easement Area. Grantee, by acceptance and use of the Easement Area granted herein, covenants and agrees, at its sole cost and expense to indemnify, hold harmless and defend Grantor and its successors - in- interest with respect to the ownership of the real property which is burdened by the Easement granted hereby from and against any and all costs, expense, liability and damages arising from any acts (whether or not the same involve negligence) of Grantee or its agents, contractors, employees, and licensees in the exercise of the easement rights granted herein and /or in the performance of the obligations set forth herein. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of any other party arising out of this Easement, then in that event the party in whose favor final judgment shall be entered shall be entitled to have and recover of and from the other party all costs and expenses of suit, including reasonable attorneys fees. This Grant of Easement shall inure to and be binding upon the parties hereto and their respective successors, assigns, heirs and administrators. 0 0 IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement this 10th day of October , 1990. COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, acting for itself and on behalf of County Sanitation Districts Nos. 2, 3, 5, 6, 7, 11, 3h3 9,kd 14 of Orange County, rman, Board of Secretary, Board of APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTR ¢T COUNSEL j� )t gy STATE OF CALIFORNIA ss. COUNTY OF ORANGE 0 On this 10th day of October , 1990, before me, a Notary Public in and for said State, personally appeared James A. Wahner , personally known to me (or proved to me on the basis of satisfactory evidence) to be the District I Chairman , and Rita J. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the Board Secretary , of COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, the County Sanitation District that executed the within instrument, and acknowledged to me that such District executed the within instrument pursuant to its By -Laws or a Resolution of its Board of Directors. WITNESS my hand and official se crrFlCf? PENNY I(YlE nmarrweuc•cuaa rH Cairm * steep 1.1992 (Seal) '�r Penny Kyle t Public 0 EXHIBIT "F" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: County Sanitation District No. 1 of Orange County, California P.O. Box 8127 Fountain Valley, CA 92728 -8127 Attention: Rita J. Brown, Board Secretary MAIL TAX STATEMENTS TO: Same As Above Space Above This Line For Recorder's Use Only QUITCLAIM DEED The undersigned declare documentary transfer tax is none. Governmental agencies exempt are the County Sanitation Districts of Orange County. California and the City of Newport Beach. Government Code Section 27383. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF NEWPORT BEACH, CALIFORNIA, does hereby REMISE, RELEASE AND FOREVER QUITLAIM to COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, acting for itself and on behalf of County Sanitation Districts Nos. 21 3, 5, 6, 7, 11, 13, and 14 of Orange County, California, Grantee", the real property situated in the City of $untington Beach, County of Orange, State of California, more particularly described as: A strip of land ten (10) feet wide, the center line of which is described as follows: Beginning at a point in the North line of the South Half of the Northwest Quarter of the Southeast Quarter of Section 18, Township 6 South, Range 10 West, S.B.B. &M., 200 feet East of the West line of said Southeast Quarter, thence South 46 °, 48' East, 2892.47 feet, more or less, to a point in the South line of said Section 18 said point being located 2308.29 feet East of the Southwest corner of Southeast Quarter of said Section 18. IN WITNESS WHEREOF the unders ne ha ecuted this Quitclaim Deed this day of 1990. CITY OF NEWPORT' BEACH,.a Municipal Corporation By STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE � ) On this /? day of �G a Not`a'kV, Public in and f to of sa /P/13LC,C� , 1990, before me, :aid State, personally appeared , personally known to me ( or proved v evidencel to be the I , 1 41 , personally Apown to me (or prove on the b s of satisfactor evidence) to be the i , of the CITY OF NEWPORT BEACH, CALIFORNIA, Ohe municipal corporation that executed the within instrument, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its By -Laws or a resolution of its City Council. WITNESS my hand and official se . r'.Lwa' 43au Notary P lic (Seal) OMCL46LSEAL SNAUNA LYN OYLER m NOTARY KSUC - cu.IFORM ORANGE C=TY My Cmmm. Wns Jan. 16.1993 BKO ;rr:D:08 /21/90(1 \871) MAIL TAX STATEMENTS TO: EXENF \4 e� cil c, Same as Above C14 -77 AP No. 114 - 160 -058 ----------------------------------------------------------------- ----------------------------------------------------------------- Space Above This Line For Recorders Use Only GRANT OF EASEMENT The undersigned declare documentary transfer tax is none. Governmental agencies exempt are the County Sanitation Districts of Orange County, California and the City of Newport Beach. Government Code Section 27383. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, acting for itself and on behalf of County Sanitation Districts Nos. 2, 31 51 6, 7, 11, 13, and 14 of orange County, California, hereinafter referred to as ('Grantor" hereby grants and conveys to the CITY OF NEWPORT BEACH, hereinafter referred to as "Grantee". a perpetual easement and right of way for water line purposes and for maintaining, operating, altering, repairing, replacing, reconstructing and inspecting from time to time the water line over real property situated in the City of Huntington Beach, County of Orange, State of California, more particularly described as follows: A strip of land ten feet wide partly in Section 19, Township 6 South, Range 10 West and partly in Block B Banning Tract, as per Map filed in Case No. 6385 of the Superior Court of Los Angeles County, California and laying five feet on either side of the following described center line: �j 90- 5997U3 • • RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -30o FM NOVI 4'90 RECORDING REQUESTED BY EN AND AHEN RECORDED MAIL TO: ?v.... 7 Q RDE County Sanitation District No. 1 of Orange County, California ?RECEI P.O. Box 8127 V &D Fountain valley, CA 92728 -8127 C Iq 1990 Attention: Rita J. Brown, Board Secretary tray -ERN �Y;�"OF MAIL TAX STATEMENTS TO: EXENF \4 e� cil c, Same as Above C14 -77 AP No. 114 - 160 -058 ----------------------------------------------------------------- ----------------------------------------------------------------- Space Above This Line For Recorders Use Only GRANT OF EASEMENT The undersigned declare documentary transfer tax is none. Governmental agencies exempt are the County Sanitation Districts of Orange County, California and the City of Newport Beach. Government Code Section 27383. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, acting for itself and on behalf of County Sanitation Districts Nos. 2, 31 51 6, 7, 11, 13, and 14 of orange County, California, hereinafter referred to as ('Grantor" hereby grants and conveys to the CITY OF NEWPORT BEACH, hereinafter referred to as "Grantee". a perpetual easement and right of way for water line purposes and for maintaining, operating, altering, repairing, replacing, reconstructing and inspecting from time to time the water line over real property situated in the City of Huntington Beach, County of Orange, State of California, more particularly described as follows: A strip of land ten feet wide partly in Section 19, Township 6 South, Range 10 West and partly in Block B Banning Tract, as per Map filed in Case No. 6385 of the Superior Court of Los Angeles County, California and laying five feet on either side of the following described center line: �j • Beginning at the intersection of the center line of Banning Street and the westerly line of the Santa Ana River as shown upon record of Survey No. 87 -1099 recorded in Book 121, pages 32 -35 of Records of Surveys, County of Orange, California; thence southerly along said westerly line south 14 °, 181, 48" west, 108.51 feet to the True Point of Beginning; thence parallel to the center line of said Banning Street as shown upon said map north 89 °, 271, 13" west, 240.00 feet; thence north 0 °, 321, 47" west, 75.43 feet; thence north 89 °, 271, 13" west, 402.83 feet to the easterly line of Brookhurst Street, located 60.00 feet measured at right angles from the center line of Brookhurst Street as shown on said map. Grantor reserves to itself the right to use the surface of the Easement Area for any purpose, including, without limitation, the construction of permanent buildings or structures, landscaping, paved parking and vehicular and pedestrian ingress and egress. Grantor further reserves the right to require Grantee to raise or lower any water line facilities Grantee constructs within the Easement Area if in the future there is an interference with any facilities constructed by Grantor that crosses the Easement Area. Grantee, by acceptance and use of the Easement Area granted herein, covenants and agrees, at its sole cost and expense to indemnify, hold harmless and defend Grantor and its successors- in-interest with respect to the ownership of the real property which is burdened by the Easement granted hereby from and against any and all costs, expense, liability and damages arising from any acts (whether or not the same involve negligence) of Grantee or its agents, contractors, employees, and licensees in the exercise of the easement rights granted herein and /or in the performance of the obligations set forth herein. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of any other party arising out of this Easement, then in that event the party in whose favor final judgment shall be entered shall be entitled to have and recover of and from the other party all costs and expenses of suit, including reasonable attorneys fees. This Grant of Easement shall inure to and be binding upon the parties hereto and their respective successors, assigns, heirs and administrators. • i ,IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement this 10th day of October , 1990. COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, acting for itself and on behalf of County Sanitation Districts Nos. 2, 3, 5, 6, 7, 11, 73 SDd 14 of Orange County, Ca]aifornia rman, Secretary, APPROVED AS TO FORM: THOMAS L. WOODRUFF DIST T COUNSEL By This is to certify that the interest in real property conveyed by the deed or grant dated octo Pr 10 l gan , from County Sanitation District No 1 of nranq f nimt3Z rAl i fnrni to the City of Newport Beach, a municipal corporation, is hereby accepted by the City Manager on the 22nd day of Octnhe, 19 90 , and the grantee consents to recordation thereof by its duly authorized officer. Authorized by Council Resolution No. 6773 ROBERT L. WYNN, City Manager f I STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this 10th day of October , 1990, before me, a Notary Public in and for said State, personally appeared James A. Wahner , personally known to me (or proved to me on the basis of satisfactory evidence) to be the District 1 Chairman , and Rita J. Brown , personally known to me (or proved to me on the basis of satisfactory. evidence) to be the Board Secretary , of COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, the County Sanitation District that executed the within instrument, and acknowledged to me that such District executed the within instrument pursuant to its By -Laws or a Resolution of its Board of Directors. WITNESS my hand and official se o [0' a[. PENN ME Penn Kyle bc, ORMM.aw.[,[m t Public (Seal) December 18, 1990 C City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92658 -8915 _ Attention: Wanda E. Raggio City Clerk Subject: Agreement between the City and the County Sanitation Districts dated October 10, 1990, relative to a Water Line Easement through Treatment Plant No. 2 We are returning herewith the Grant of Easement to the City for the right -of -way required in connection with subject agreement. This easement was recorded in the Official Records of Orange County on November 14, 1990, as Document No. 90- 599703. The Quitclaim Deed from the City to the Districts relative to an old easement for a City water line was also recorded on November 14, 1990, as Document No. 90- 599702. Rita J. Brown Board Secretary rjb Enclosure CC August 29, 1990 Bob Dixon Utilities Director City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, CA 92659 -1768 Dear Bob: Subject: Grant of Easement for Water Line Construction through Wastewater Treatment Plant No. 2 You have previously requested an easement for the construction of a new water line within the Districts' treatment plant. Enclosed for your execution is an agreement which grants the necessary easement at no cost to the City of Newport Beach. The agreement is a vehicle to grant the easement which is attached as Exhibit E. If you can execute the agreement within the next couple of weeks and return it to the Districts, we can place it on the agenda for the Joint Boards. If you have any questions please give me a call. TND:jt cc: General Counsel yours, Thomas M. Dawes Director of Engineering