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,
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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
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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Section 4 That Resolution No.81—109—5 is hereby repealed;and,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
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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.
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~Bo rd 4 DiF ,~tors of County
,S it~%ion (D strict No.~
Or~nge C~’unty,California