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HomeMy WebLinkAboutResolution 1992 - 0185RESOLUTION NO.92-185 AUTHORIZING SPECIAL COUNSEL TO NEGOTIATE A SETTLEMENT AGREEMENT WITH SANWA BANK PROPERTIES,ET AL.,IN A FORM TO BE APPROVED BY THE GENERAL COUNSEL,PROVIDING FOR A PERMANENT RIGHT-OF-WAY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE BAKER-GISLER INTERCEPTOR A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.6,7 AND 14 OF ORANGE COUNTY, CALIFORNIA,AUTHORIZING SPECIAL COUNSEL TO NEGOTIATE A SETTLEMENT AGREEMENT WITH SANWA BANK I ET AL., IN A FORM TO BE APPROVED BY THE GENERAL COUNSEL, PROVIDING FOR A PERMANENT RIGHT-OF-WAY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE BAKER-GISLER INTERCEPTOR FOR A TOTAL AMOUNT NOT TO EXCEED $87,316.00 **** WHEREAS,the Boards of Directors of County Sanitation Districts Nos.6,7 and 14 (“Districts”)have undertaken construction of a trunk line project known as the Baker—Gisler Interceptor,Fairview Road to Plant No.1,Contract No.14-1-lA (hereinafter referred to as “Project”);and, WHEREAS,a final alignment for the Project,which was different than that which had been originally set forth in the Master Plan,has been determined by the Design Engineers and the Districts’Engineering Staff to be technically required due to the existing topography and required depth for the trunk line;and, WHEREAS,this realignment called for the trunk sewer to be located on the,private property which is owned by various trusts, for which Sanwa Bank Properties,is Trustee,and by certain other individuals (collectively “Sanwa”)and which property is located in the City of Costa Mesa;and, 1 WHEREAS,in order to accomplish said Project,it is necessary to acquire a permanent right—of-way easement and a temporary construction easement through the Sanwa property (hereinafter referred to as “Subject Easements”);and, WHEREAS,a dispute has arisen among Sanwa,its tenants and Districts regarding the appropriate valuation for the Subject Easements required by the Districts for the Project;and, WHEREAS,the Districts,Sanwa and its tenants have previously become involved in litigation relating to acquisition of the Subject Easements and the Districts acknowledge that continuation of this litigation may be necessary to acquire the Subject Easements if settlement is not reached;and, WHEREAS,the Districts have retained as Special Counsel the law firm of Palmieri,Tyler,Wiener,Wilhelm &Waldron to pursue acquisition of the Subject Easements through eminent domain proceedings;and, WHEREAS,the Districts have determined that it is in the best interest of each party to resolve the dispute regarding the legal rights and responsibilities of each party without further expensive litigation,by entering into a Settlement Agreement with regard to the acquisition of the Subject Easements. NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos.6,7 and 14 of Orange County,California, DO HEREBY RESOLVE,DETEPNINE AND ORDER: 2 Section 1 That Special Counsel is authorized to negotiate a Settlement Agreement by and between County Sanitation Districts Nos.6,7 and 14,Sanwa and its tenants,subject to approval as to form by General Counsel,providing for acquisition of a permanent right—of—way easement and a temporary construction easement for the Project through the Sanwa property for a total payment by Districts not to exceed $87,316.00 and other terms and conditions. Section 2 That the General Manager is hereby authorized and directed to execute said Settlement Agreement in a form approved by the General Counsel. Section 3 That the Director of Finance,or his designee, is hereby authorized to prepare the requisite purchase~order for the permanent right—of-way easement and the temporary construction easement,for a total amount not to exceed $87,316.00,upon receipt of said Settlement Agreement fully approved and executed by Sanwa, its tenants and the Districts. PASSED AND ADOPTED at a regular meeting held December 9,1992. TFN:sm:R:12/8/92(B4A.pj) 3 STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I,PENNY KYLE,Assistant Secretary of the Boards of Directors of County Sanitation Districts Nos.6,7 and 14 of Orange County,.California,do hereby certify that the foregoing Resolution No.92—185 was passed and adopted at a regular meeting of said Boards on the 9th day of December,1992,by the following vote,to wit: District 6 AYES: NOES: ABSENT: District 7 AYES: NOES: ABSENT: District 14 AYES: NOES: ABSENT: James A.Wahner,Chairman,Evelyn Hart,Don R.Roth None None Charles E.Puckett,Chairman,Fred Barrera,John C.Cox,Jr., Barry Hani~ond,Don R.Roth,James A.Wahner None Robert Richardson Peer A.Swan,Chairman,Fred Barrera,Barry Harmiond,Leslie A. Pontious,Don R.Roth None None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official of County Sanitation District No.6 on behalf of itself and Districts 7 and 14 of Orange County,California,this 9th day of December,1992. Penny Kyle,A t S~r~tary Boards of Director Countiy Sanitation Districts Nos.~6,7~and 14 of Orange County,CalifOrnia :~ S ,,.‘U.‘“S seal Nos.