HomeMy WebLinkAboutResolution 1968 - 0021RESOLUTION NO.68-21-7
AUTHORIZING EXECUTION OF QUITCLAIM DEED
~PO THE COUNTY OF ORANGE
A RESOLUTION OF THE BOARD OF DIRECTORS
OF COUNTY SANITATION DISTRICT NO.7,
OF ORANGE COUNTY,CALIFORNIA,AUTHORIZ—
ING QUITCLAIM OF EASEMENT TO THE COUNTY
OF ORANGE IN EXCHANGE FOR A CORRECTED
EASEMENT
The Board of Directors of County Sanitation District No.
7,of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That the quitclaiming to the County of Orange,
of a certain easement acquired in connection with construction of the
South Irvine Subtrunk Sewer and recorded November 14,1966 as Document
No.7333 in Book 8102,Page 755 of Official Records of Orange County,
is hereby authorized;and,
Section 2 That the easement to be quitclainied is more
particularly described on Schedule “A”attached hereto and made a
part of this resolution;and,
Section 3 That the Chairman and the Secretary of the
District are hereby authorized and directed to execute said Quit-
claim Deed on behalf of the Board of Directors,in form acceptable
to the General Counsel;and,
Section 4 That the certain Correction Deed from the
County of Orange to County Sanitation District No.7,granted in
exchange for the quitclaiming by the District of the easement
referred to hereinabove,is hereby accepted at no cost to the District
and as recommended by the District’s engineers;and,
Section 5 That the easement covered in said Correction
Deed is more particularly described on Schedule “B”attached hereto
and made a part of this resolution;and,
Section 6 That the Secretary of the Board of Directors
be authorized and directed to record said Correction Deed in the
Official Records of Orange County,California.
—~*5 liii j
Recorded at request of,and return to:
Oran~o Coorrty Dept.of R..I ~S.ro~ces
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515 North Sycomo~e Street
Santa An.,Cal:fo,n~a 92701
Project No.P.M.1121
Project:Orange County Airport
Parcel No.70
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,
COUNTY SANITATION DISTIUCT NO.7
does hereby REMISE,RELEASE AND FOREVER QUITCLAIM to
COUNTY OF ORANGE,a body corporate and politic,
all the real property in the County of Orange,State of California,described as:
Parcel A
A 20 foot sewer easement over portions of lots 132,133,
and 135,Block 7 of Irvine’s Subdivision per Book 1,
page 88,Miscellaneous Maps,records of Orange County,
California,the centerline of said easement being as
follows:
Beginning at a point in the Westerly right of way line of
MacArthur Blvd.,per Book 6389,page 641,Official Records
of Orange County,said point being South 29°15’28”West
66.30 feet from the intersection of the said westerly
right of way line and the northerly line of said lot 135,
said point also 50 feet measured at right angle from
the centerline of said MacArthur Blvd.,and 65 feet,
measured at.right angles,southerly of said north lin3 of
lot 135;thence North 60°44’32”West 1216.65 feet;
thence North 29°32’12”West 1602.22 feet more or less
to a point in the westerly line of the Orange County
Airport as per deed recorded March 19,1964 in-Book 6968,
page 331 of Official Records,said westerly line bearing
North 28°47’57~East and said point being
South 28°47’.57”West 58.99 feet from the intersection
of said westerly line and the southerly line of the San
Diego Freeway right of way.
The sidelines of saiçl 20 foot easement to be lengthened
or shortened to intersect said right of way line and
property line.
Schedule “A”—Page 1
IN WITNESS ~JFtEP~EOF,said corporation has caused its corporate
na’ne and seal to ba affixed hereto and this instrument to he
executed by its Chairman and Secretary thereunto duly authorized.
STATE OF CALIFORNIA
COUNTY OF O~i.ANGE
)
)SS.
)
COUNTY SANITATION DISTRICT NO.7
By
By
On
__
~__,l9__,before me,the undersigned,a
Notary Public in and for said State,personally appeared
Chairman,and
Secretary of the corporation that
•executed the within instrument,and known to me to be the persons
who executed the within instrument on behalf of the corporation
therein named,and acknowledged to me that such corporation executed
the within instrument pursuant to its by-1a~is.or a resolution of its
board of directors.
WITNESS my hand and official seal.
Signature_________________
Description compared
By___-~‘~
-‘:~~‘-C,
Schedule “AT’—Page 2
Project No:P.N.1121
Project:Orange County Airport
Parcel No:70
CORRECTION DEED
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowl
edged,
COUNTY OF ORANGE,a body corporate and politic,
does hereby GRANT to
COUNTY SANITATION DISTRICT NO.7
a non-exclusive easement and right of way for ingress,egress,
and pipeline purposes in,over,and across the real property in
the County of Orange,State of California,described as:
Parcel A:
A 20 foot sewer easement over portions of lots 132,133,
and 135,Block 7 of Irvine’s Subdivision per Book 1,page
88,Miscellaneous Maps,records of Orange County,California,
the centerline of said easement being as follows:
Beginning at a point in the Westerly right of way line of
MacArthur Blvd.,per Book 6389,page 641,Official Records
of Orange County,said point being South 29°15’28”West
66.30 feet from the intersection of the said westerly right
of way line and the northerly line of said lot 135,said
point also being 50 feet,measuredat right angles,from
the centerline of said MacArthur Blvd.,and 65 feet,
measured at right angles~,southerly of said North line of
lot 135;thence North 49 21’19”West 1216.25 feet;thence
North 18°08’59”West 1607.37 feet,more or less,to a
point in the Westerly line of the Orange County Airport as
per deed recorded March 19,1964 in Book 6968,page 331 of
Official Records,said Westerly line bearing North
280 471 43”East and said point being South 28°47’43”West
52.35 feet from the intersection of said Westerly line and
the Southerly line of the San Diego Freeway right of way.
The sidelines of said 20 foot easementto be lengthened
or shortened to intersect said right of way line and
property line.
Parcel B
A 10 foot sewer easement over a portion of lot 134,
block 7 of Irvine’s Subdivision as said Subdivision is
shown on a map recorded in Book 1,page 88 of Miscellaneous
Maps,records of Orange County,California,the centerline
of said 10’easement being described as follows:
Schedule “B”-Page 1
Commencing at an angle point in the westerly line of a
parcel of land deeded to the County of Orange recorded
in Book 6968,page 331,Official Records of Orange County,
California,recorded March 19,1964,said angle point
being the easterly terminus of a line bearing
South 610 12’17”East a distance of 250.00 feet and the
southerly beginning of a line bearing North 28°47’43”East
a distance of 2700.11 feet;thence North 610 12’17”West
13.62 feet to the true point of beginning;thence
South 56°11”43”West 147.00 feet more or less to the
easterly sideline of an existing 20 foot sanitary sewer
easement described in Book 6324,page 712,Official
Records of Orange County,California,recorded November
15,1962,as parcel C-l.
The sidelines of said 10 foot easement to be lengthened
or shortened as the case may be in order to originate in
said Orange County Airport property line and terminate in
said sanitary sewer easement sideline.
SUBJECT TO any and all existing easements and rights of
way of record or of which GRANTEE has actual notice along,
over,across or under said land.
GRANTOR and GRANTEE mutually agree upon the following
provisions and recitals,which are to be binding upon the suc
cessors and assigns of the parties hereto:
1.This easement is conveyed to GRANTEE for purposes
of laying,constructing,maintaining,and operat
ing a sewer pipeline and appurtenances.
2.GRANTEE shall have all construction plans approved
by GRANTOR’S Director of Building Services prior
to commencement of any work.
3.The pipelines and other equipment specified in
provision number one (1),above,are to be located
entirely at surface or below the surface of the ease
ment granted herein.
4.Should it be necessary for GRANTEE to enter upon the
surface of the easement area for any reason,sub
sequent to the completion of the initial installa
tion,GRANTEE agrees to notify GRANTOR in advance
and to obtain written consent of GRANTOR.GRANTOR
agrees not tr’withhold such consent capriciously or
unreasonably.For purposes of granting such consent,
GRANTOR designates the following agent:
Director of Aviation
County of Orange
19051 Campus Drive
Santa Aria,California
GRANTEE agrees that any portion of the easement area
subject to excavation work will be restored to the
same condition existing prior to the commencement of
the work.
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Schedule “B”—Page 2
.J•.—‘
5.The GRANTOR herein shall have the right to fully use
and enjoy the property covered by this easement,
except as to the rights hereby granted;the GRANTEE
herein agrees to pay any damages which may arise to
all improvements owned by GRANTOR from the laying,
construction,maintenance or operation of said pipe
line,or,in the alternative,to replace in kind such
improvements,at the option of the GRANTOR.GRANTOR
agrees to exercise this option within a reasonable
time in order to allow GRANTEE to meet its obligations
as set forth in this provision.If GRANTOR desires
damages to be paid,and the amount thereof is not
mutually agreed upon,such damages are to be ascertained
and determined by three disinterested persons;one
thereof to be appointed by the GRANTOR or assigns,one
by the GRANTEE or assigns,and the third by the two so
appointed as aforesaid;and the award of such three
persons or any two of them shall be final and conclusive.
6.In event future use by GRANTOR,its successors,or
assigns,of the property encumbered by this easement
necessitates a realignment,relocation orreconstruction
of any facilities now existing or later installed pursu
ant to this easement,said facilities will promptly be
rearranged,relocated,or reconstructed.If said re
arrangement,’relocation,or reconstruction is not ac
complished by GRANTEE,its successors,or assigns,within
sixty (60)days after receipt of written notice from
GRANTOR,GRANTOR may proceed with its required use
without incurring any liability for damage to the facili
ties of GRANTEE,its successors,or assigns.
GRANTEE shall be responsible for the cost of relocating
the facilities once;and any further relocations re
quired shall be at GRANTOR’S expense.
GRANTOR shall not at any time unreasonably require the
relocation of said facilities or require said facilities
to be relocated to an area which would require an un
reasonable expenditure to relocate or maintain said
facilities.
GRANTOR agrees to provide GRANTEE,at no additional cost
to GRANTEE,with a good and sufficient easement for the
relocated facility;and GRANTEE agrees to quitclaim its
easement covering the abandoned f~ci1ity.
7.GRANTEE agrees to comply with all applicable Federal,
State and County rules and regulations pertaining to
airports,in construction of its facilities.
This Correction Deed is being recorded to
correct errors in legal description for
Parcel A in that certain Easement Deed
recorded November 14,1966,as Instrument
No.7333,in Book 8102,page 755 of Official
Records of Orange County.
Schedule “B”—Page 3
COUNTY OF O1~ANGE
Date________________________By______________________________
Chairman,Board of Supervisors
STATE OF CALIFORNIA
ss:
County of Orange
On this
_____
day of
_______________,19_,before me,a Notary
Public in and for sai~l County and State,personally appeared
_________________________________
Chairman of the Board of Supervisors
of Orange County,California,who is known to me to be the person
described in,and whose name is subscribed to,the within instrument,
and acknowledged to me that he executed the same on behalf of said
County of Orange and as such officer thereof.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
APPROVED AS TO FORM:
Adrian Kuyper
County Counsel
By___________________
APPROVED AS TO DESCRIPTION:
Miles Holden,Engineeri~Technician
Dept.of Real Property Services
R~COMHENDED FOR APPROVAL:
J.J.Smisek,Director
Dept.o Building Services
By____________________________
Direc~r of Aviation
By___________
Stanley E.Krause,Direr~tor
Dept.of Real Property Services
By____________________________
Schedule ‘Bt’-Page 4
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
I,FRED A.HARPER,Secretary of the Board of Directors
of County Sanitation District No.7 ,
of Orange County,California,
do hereby certify that the above arid foregoing Resolution No.68—21...?
was regularly passed arid adopted at a regular meeting of said
Board on the ioti~day of April ,1968,by the following
vote,to wit:
AYES:Directors Clifton C.Miller (Chairman),Howard
Rogers,Thomas McMichael,Rex A.Parks,Ellis N.
Porter,and C.M.Featherly
NOES:NONE
ABSENT:NONE
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed the official seal of County Sanitation District No.
of Orange County,California,this 12th day of April ,1968.
Fred A.Harper,Secre~
Board of Directors of County
Sanitation District No.,~,
of
Orange County,Ca1iforni~