HomeMy WebLinkAboutResolution 1990 - 0142S
RESOLUTION NO.90-142
APPROVING AGREEMENT WITH THE CITY OF NEWPORT
BEACH GRANTING AN EASEMENT TO CITY IN EXCHANGE b
FOR QUITCLAIM DEED TO DISTRICTS RE PREVIOUS
EASEMENT AT PLANT NO.2
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5,
6,.7,11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA,
APPROVING AGREEMENT WITH THE CITY OF NEWPORT
BEACH AUTHORIZING GRANT OF EASEMENT TO CITY FOR
ACCESS TO A CITY WATER LINE THROUGH TREATMENT
PLANT NO.2 IN EXCHANGE FOR A QUITCLAIM DEED
FROM CITY RE PREVIOUS WATER LINE EASEMENT ALSO
CROSSING TREATMENT PLANT NO.2
The Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,
7,11,13 and 14 of Orange County,California,
DO HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That the certain Agreement dated October 10,1990,by and
between County Sanitation District No.1 of Orange County,acting for itself and
on behalf of Districts Nos.2,3,5,6,7,11,13 and 14,and the City of
Newport Beach,providing for executlonof a Grant of Easement to the City of
Newport Beach for right—of—way to access and•maintain a City water line crossing
through Treatment Plant No.2 in exchange for aQuitclaim Deed qui’tclaiming the
City’s interest in a previous water line easement also crossing through
Treatment Plant No.2,is hereby approved and accepted;and,
Section 2 That the certain Grant of Easement dated October 10,1990,
wherein a 10—foot wide perpetual easement and right—of—way through Districts.’
Treatment Plant No.2 is granted to the City of Newport Beach,is hereby
approved;and,
Section 3 That the real property over which said easement is granted is
more particularly shown and described on Exhibits “A”and “B”attached hereto
and made a part of this resolution;and,
Section 4 That said Grant of Easement is hereby granted at •no cost to
the City;and,
Section 5 That the Chairman and Secretary of District No.1,acting for
itself and on behalf of Districts Nos.2,3,5,6,7,11,13 and 14,are hereby
authorized and directed to execute said Grant of Easement in form approved by
the General Counsel;and,
Section 6 That the certain Quitclaim Deed dated September 19,1990,
wherein the City of Newport Beach quitclalms to the County Sanitation Districts
the City’s interest in a previous water line easement through Treatment Plant
No.2,is hereby accepted;and,
Section 7 That the real property to be deeded is more particularly
shown and described on Exhibits “A”and “C”attached hereto and made a part of
this resolution;and,
Section 8 That said Quitclaim Deed is granted at no cost to the
Districts;and,
Section 9 That the Secretary of the Board is hereby authorized and
directed to record said QUitclaim Deed in the Official Records of Orange County,
California.
PASSED AND ADOPTED at a regular meeting held October 10,1990.
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,.Secretary of the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,
California,do hereby certify that the foregoing Resolution No.90—142 was
passed and adopted at a regular meeting of said Boards on the 10th day of
October,1990,by the following vote,to wit:
AYES:Edward L.Allen,A.B.“Buck”Catlin,John C.Cox,Jr.,Norman
E.Culver,Richard B.Edgar,Beth Graham,Peter Green,Don
R.Griffin,Dan Griset,William D.Mahoney,Robert H.Main,
James Neal,Arthur G.Newton,Ruthelyn Plummer,Richard
T.Polls,Leslie A.Pontious,Charles E.Puckett,Don R.Roth,
Phil Sansone,Sally Anne Sheridan,J.R.uBobI~Siefen,Wayne
Silzel,Don E.Smith,Roger R.Stanton,Peer A.Swan,Charles
E.Sylvia,James A.Wahner,Henry W.Wedaa,Wayne 0.Wedin,
Edna Wilson
NOES:None
ABSENT:Margaret M.~Arnold,Tom Mays,Irv Pickler
IN WITNESS WHEREOF,I have hereunto set my hand and affixedthe official
seal of’County Sanitation District No.1 on behalf of itself and Districts
Nos.2,3,5,6,7,11,13 and 14 of 0rang~e County,California,this 10th day
of October,1990.
Rita J.Brown,ecretary
Boards of Directors,County
Sanitation Districts Nos.1,2,3,5,~
6,7,11,13 and 14 of Orange County,’
California
EXHfl~IT fl
HATER LINE EASEMENT
COUNTY SANITATION DISTRICTS OF ORANGE COUNTY
TO CITY OF NENPORT BEACH
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COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY
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N~CEUTE1~LINE,10’WIlIER LINE EBSOIENT
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COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY
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RECORDING REQUESTED BY
AND WHEN RECORDED NAIL 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
AP No.114—160—058
Space Above This Line For Recorder’s 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.2,3,5,6,7,11,13,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:
EXHIBIT B—~
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;thenc~parallel to the
center,line of.said Banning Street as shown upon said
map north 89°,27’,13”west,240.00 feet;thence north
00,32’,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 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.
EXHIBIT B—2
COUNTY SANITATION DISTRICT NO.1.OF ORANGE
COUNTY,CALIFORNIA,acting for itself and on
behalf of County Sanitation Districts Nos.2,
3,5,6,7,14 of Orange County,
fornia
IN WITNESS WHEREOF,the under~igned has executed this Grant
of Easement this 10th day of October
,1990.
APPROVED AS TO FORM:
THOMAS L.WOODRUFF
DISTRI~T COUNSEL
By ~~-~“-‘f’~
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EXHIBIT B—3
RECORDING REQUESTED BY
AND WBEN RECORDED MAIL TO:
County Sanitation District No.1
of Orange County,California
P.O.B’ox 8127
Fountain Valley,CA 92728—8127
Attention:Rita J.Brown,Board Secretary
MAIL TAX STATEMENTS TO:
Same As Above
Spaäe Abáve This Line For Recorder’s Use Only
OUITCLAIM 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.2,3,5,6,7,11,13,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:
S
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.
EXHIBIT C—I
IN WITNESS WHEREOF the unders ned ha~ecuted this
Quitclaiin Deed this
_______
day of
______________,1990.
O
ATTEST~
City er
A~STO
Q t~Attorney
CITY OF NEWPORT BEACH,a Municipal Corporation
By
Mayor 0
FORM:
EXHIBIT C—2