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HomeMy WebLinkAboutResolution 1982 - 0131RESOLUTION NO.82—131-5 CONSENTING TO JOINT USE OF DISTRICT EASEMENT BY CITY OF NEWPORT BEACH AND REPEALING RESOLUTION NO.81—109—5 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY, CALIFORNIA,CONSENTING TO THE CITY OF NEWPORT BEACH CONSTRUCTING AND UTILIZING A PORTION OF THE PACIFIC COAST HIGHWAY UPON THE DISTRICT’S BAY BRIDGE PUMPING STATION EASEMENT RE CONTRACT NO.5-18R WHEREAS,the District owns an easement in real property upon which is located the Bay Bridge Pumping Station,said easement being more particularly described and shown on Exhibits “A”and “B”attached hereto and made a part of this resolution by reference;and, WHEREAS,the City of Newport Beach,in conjunction with the State of California,Department of Transportation,in constructing the realignment of Pacific Coast Highway and the Bay Bridge,needs to cross over the property owned by the District;and, I WHEREAS,to relocate the District’s Bay Bridge Pump Station facilities would be costly to the taxpayers;and, WHEREAS,the District has determined that it can allow the City of Newport Beach and Cal Trans to encroach upon the District’s easement without interference with District’s operations and needs. NOW,THEREFORE,the Board of Directors of County Sanitation District No.5 of Orange County,California, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That District hereby grants to the City of Newport Beach and the State of California,Department of Transportation,the right to encroach I upon and to jointly use the property in which the District owns an easement interest for its Bay Bridge Pumping Station and appurtenant facilities.Said property and area of encroachment are more particularly described on Exhibits “A”and “B”,attached hereto and incorporated herein by reference;and, Section 2 That the property upon which the encroachment is granted shall be used for the installation,maintenance and use as a public street and highway and normally related uses such as curbs,gutters,sidewalks and lighting.No structures shall be allowed to encroach;and, Section 3 That said encroachment shall be granted without feeto the City or Cal Trans;and, Section 4 That Resolution No.81—109—5 is hereby repealed;and, Section 5 That the General Manager and Secretary of the Board of Directors of County Sanitation District No.5 are authorized and directed to execute any documents required to effect the provisions of this resolution, in form approved .by the General Counsel. PASSED AND ADOPTED at a regular meeting held September 8,1982., BAY BRIDGE PUMPING STATION EASEMENT RE:CONTRACT 5-18R an easement for street and highway ~ur~oses over real property ~ituated in the City of ~ewport Beach,County of Orange,State of California~ described as follows: That portion of the land described as Parcel 1 in easement deed to County Sanitation District No.5 of Orange Co’unty recorded in Book 7661,Page 741 of the Official Records of the Officeof the County Recorder of Orange County described as follows: Beginning at the Southwesterly corner of said parcel , thence along the Westerly boundary of said parcel N 104714311 1,4, 11.97 feet to a point on a non-tangent curve concave Northerly having a radius of 938.00 feet a radial at said point bears N 10004150u E;thence along said curve through an angle of 30431211,an arc distance of 60.94 feet,to ~ point on the Easterly boundary of said parcel;thence S l°47’43”E,4.01 feet along said Easterly boundary to a point on a non-tangent curve concave Southerly having a radius of 2050 feet,a radial at said point bears S l°33’38 ,4, being on the Northerly line of a strip of land 100 feet wide, granted to the State of California by deed recorded in Book 487,Page 3 of Official Records,in said office;thence through an angle of 1°40’43”an arc distance of 60.06 fe~t to the point of beginning. EXHIBIT ‘A’’to Reso1ut~on 82-131-5 BAY BRIDGE PUMPING STATION EASEMENT RE:CONTRACT 5-18R 5C44~e~/“z.~~’ I PAC /t~/C~>,- N. ,-_17,,~‘iV 7~’/C7 — PA?~7~V C~4 EXHIBIT “B’’to Resolution 82-131—5 STATE OF CALIFORNIA) SS. COUNTY OF ORANGE I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of County Sanitation District No.5 of Orange County,California,do hereby certify that the foregoing Resolution No.82—131—5 was passed and adopted at a regular meeting of said Board on the 8th day of September,1982,by the following vote,to wit: AYES:Jacqueline Heather (Chairman),John C.Cox,Jr.,Thomas F.Riley NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixedthe official seal of County Sanitation District No.5 of Orange County,California,this 8th day of September,1982. -~1 ~Bo rd 4 DiF ,~tors of County ,S it~%ion (D strict No.~ Or~nge C~’unty,California