HomeMy WebLinkAboutResolution 1992 - 0186k -—
RESOLUTION NO.92-186
AUTHORIZING SPECIAL COUNSEL TO NEGOTIATE A PARKING
AGREEMENT WITH SANWA BANK PROPERTIES,ET AL.,IN A FORM
TO BE APPROVED BY GENERAL COUNSEL,PROVIDING FOR PARKING
ARRANGEMENTS DURING CONSTRUCTION PERIOD 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 AN
AGREEMENT FOR PARKING ARRANGEMENTS,IN A FORM TO BE
APPROVED BY GENERAL COUNSEL,DURING CONSTRUCTION PERIOD,
RE BAKER-GISLER INTERCEPTOR,CONTRACT NO.14-1-lA
***
WHEREAS,the Boards of Directors of County Sanitation
Districts Nos.6,7 and 14 have undertaken a construction project
known as the Baker—Gisler Interceptor,Fairview Road to Plant No.
1,Contract No.14-1-lA (hereinafter referred to as the “Project”);
and,
WHEREAS,in order to accomplish said Project,it is necessary
to acquire a permanent right-of—way easement and a temporary
construction easement (the “Subject Easements”)through property
owned by various trusts,for which Sanwa Bank Properties is
Trustee,and by certain other individuals (collectively “Sanwa”),
which property is located in the City of Costa Mesa;and,
WHEREAS,it will facilitate settlement of the dispute among
the Districts,Sanwa and its tenants regarding the valuation of the
Subject Easements if,during the course of construction of said
Project,the Districts facilitate arrangements to provide for
alternate parking for Sanwa and its tenants in order to minimize
the impact on these parties during construction;and,
WHEREAS,the Districts have retained as Special Counsel the
law firm of Palmieri,Tyler,Wiener,Wilhelm &Waidron 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 which provides
alternate parking arrangements for Sanwa and its tenants during the
construction period.
NOW,THEREFORE,the Boards of Directors of County Sanitation
Districts Nos.6,7 and 14 of Orange County,California,
DO HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That Special Counsel is authorized to negotiate
a Parking Agreement,in a form to be approved by General Counsel,
providing for parking arrangements for Sanwa,and its tenants
during the period that construction of the Project adversely
affects Sanwa and its tenants.
Section 2 That the General Manager is hereby authorized
and directed to execute said Parking Agreement in a form approved
by the General Counsel.
PASSED AND ADOPTED at a regular meeting held December 9,1992.
TFN:sm:R:12/8/92(B4b.pj)
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.92-186 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:James A.Wahner,Chairman,Evelyn Hart,Don R.Roth
NOES:None
ABSENT:None
District 7
AYES:Charles E.Puckett,Chairman,Fred Barrera,John C.Cox,Jr.,
Barry Hamond,Don R.Roth,James A.Wahner
NOES:None
ABSENT:Robert Richardson
District 14
AYES:Peer A.Swan,Chairman,Fred Barrera,Barry Hamond,Leslie A.
Pontious,Don R..Roth
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.6 on behalf of itself and Districts
Nos.7 and 14 of Orange County,California,this 9th day of December,1992.
Penny Kyle,sist t Secretary
Boards of Directo
,Cour!ty~H
Sanitation Districts Nos;L6~7 and..i.~4
of Orange County,California .j~~
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