HomeMy WebLinkAboutResolution 1992 - 0187RESOLUTION NO.92-187
AUTHORIZING SPECIAL COUNSEL TO NEGOTIATE A SETTLEMENT
AGREEMENT WITH MESA VERDE COUNTRY CLUB,IN A FORM TO •BE
APPROVED BY THE GENERAL COUNSEL,PROVIDING FOR PERMANENT
RIGHT-OF-WAY EASEMENT AND 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 MESA VERDE COUNTRY CLUB,IN A
FORM TO BE APPROVED BY THE GENERAL COUNSEL,PROVIDING FOR
PERMANENT RIGHT-OF-WAY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT FOR THE BAKER-GISLER INTERCEPTOR
FOR A TOTAL AMOUNT NOT TO EXCEED $382,700.00
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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,different than
that which was 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
the required design depth for the trunk sewer;and,
WHEREAS,this realignment calls for the trunk sewer to be
located on the private property owned by the Mesa Verde Country
Club,along the northerly property line of the Club facilities and
parallel with Gisler Street in the City of Costa Mesa;and
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WHEREAS,in order to accomplish said Project,it is necessary
to acquire .a permanent right-of-way easement and a temporary
construction easement (hereinafter referred to as “Subject
Easements”)through the property owned by the Mesa Verde Country
Club;and,
WHEREAS,a dispute has arisen between the Mesa Verde Country
Club and Districts regarding the appropriate valuation for the
Subject Easements required by the Districts for the Project;and,
WHEREAS,the Districts and Mesa Verde Country Club have
previously become involved in litigation relating to the Project
and the Districts acknowledge that additional 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 &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 with regard to
the areas of dispute between the Districts and Mesa Verde Country
Club.
NOW,THEREFORE,the Boards of Directors of County Sanitation
Districts Nos.6,7 and 14 of Orange County,California,
DO HEREBY RESOLVE,DETERNINE AND ORDER:
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Section 1 That Special Counsel is authorized to negotiate
a Settlement Agreement by and between County Sanitation Districts
Nos.6,7 and 14 and Mesa Verde Country Club,subject to approval
as to form by General Counsel,providing for acquisition for the
Project of •a permanent right—of-way easement and a temporary
construction easement through the Mesa Verde Country Club property
for a total payment by Districts not to exceed $382,700.00 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 $382,700.00,upon
receipt of said Settlement Agreement fully approved and executed by
Mesa Verde Country Club and the Districts.
PASSED AND ADOPTED at a regular meeting held December 9,1992.
TFN:simn:R:12/8/92(B4.pj)
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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—187 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 Harmiond,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,is Secretary
Boards of Dir cto County
Sanitation Districts Nos.6,7 and.14
of Orange County,California
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