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Home My WebLink AboutResolution 1993 - 0056 r J- RESOLUTION NO. 93-56-7 AUTHORIZING GRANT OF EASEMENT TO CROW WINTHROP DEVELOPMENT RE CONTRACT NO. 7-11-2 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF A GRANT OF EASEMENT TO CROW WINTHROP DEVELOPMENT RE MICHELSON PUMP STATION, CONTRACT NO. 7-11-2 ********************************** WHEREAS, Crow Winthrop Development has heretofore dedicated a site to the Districts for the Michelson Pump Station, and by separate action has quitclaimed a ten-foot wide sewer easement through said site to the District; and, WHEREAS, Crow Winthrop Development has requested a new ten-foot wide sewer easement through said site for construction of a sewer to serve the adjacent Park Place development. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 7 of Orange County, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. That the certain Grant of Easement dated March 24, 1993, wherein a ten foot right-of-way required to install a new sewer line over the northeasterly corner of District's Michelson Pump Station Site, Contract No. 7-11-2, is granted to Crow Winthrop Development, is hereby approved; and, Section 2 . That the real property over which said easement is granted is more particularly described and shown on Exhibits "A" and "B" attached hereto and made a part of this / resolution; and, Section 3 . That said easement is hereby granted for no fee; and, Section 4. That the General Manager be authorized and directed to execute said easement on behalf of County Sanitation District No. 7. PASSED AND ADOPTED at a regular meeting held May 12, 1993 . WD.OS6 STATE OF CALIFORNIA) ) SS. , COUNTY OF ORANGE ) I, PENNY KYLE, Assistant Secretary of the Board of Directors of County Sanitation District No. 7 of Orange County, California, do hereby certify that the foregoing Resolution No. 93-56-7 was passed and adopted at a regular meeting of said Board on the 12th day of May, 1993, by the following vote, to wit: AYES: Charles E. Puckett, Chairman, Fred Barrera, Jan Debay, Barry Hammond, Ted Moreno, William G. Steiner, James A. Wahner NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of County Sanitation District No. 7 of Orange County, California, this 12th day of May, 1993 . Pe ny Kyle, d'srjfta7nt Secretary Board of Di ect rs of County Sanitation District No. 7 of Orange County, California RECORDING REQUESTED BY: Crow Winthrop Development Limited Partnership, A Maryland Limited Partnership WHEN RECORDED MAIL TO: Crow Winthrop Development Limited Partnership 3333 Michelson Drive, #500 Irvine, Ca. 92715 Attn.: Mr. Thomas E. McDonough Space Above This Line For Recorder's Use Assessors Parcel No.: 445-063-06 City of Irvine Contract No. 7-1 1-2 GRANT OF EASEMENT THIS INDENTURE, made and entered into this 24 day of March __, 1993, by and between COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA, it public corporation, Grantor, and CROW WINTHROP DEVELOPMENT LIMITED PARTNERSIIIP, it Maryland Limited Partnership, Grantee. WITNESSETIL For a valuable consideration, the Grantor does hereby grant unto the Grantee the easement and right-of-way to establish, construct and maintain for all time a private sanitary sewer or sewers and appurtenances in, through, on and alone that certain real property situatecl in the County of Orange, State of California, more particularly described as follows: Set forth in the le(*al description attached hereto as Exhibit "A" and shown on the sketch to accompany legal description on Exhibit "B", both of which are attached hereto and incorporated herein by reference. AS MAY be necessary for the initial construction of the sanitary sewer pipeline, Grantee shall have the right to enter upon and use adjoining lands of Grantor. For the purpose of laying, constructing, reconstructing, inspecting, maintaining, repairing, using and operating said sanitary sewer pipeline, Grantee shall have the right to enter upon and pass over and along said easement area to deposit tools, implements and other materials thereon, and to make any and all excavations necessary or convenient. THIS GRANT reserves unto Grantor such landscaping, walkway and roadway rights as will not interfere with or prohibit the free and complete use and enjoyment by Grantee, its successors and assigns, of the rights or easements hereby granted. THIS GRANT is made by the Grantor under the full understanding and condition that any Structure placed upon, or tree, plant or shrub planted on, along or adjacent to said easement which injures the sewer or interferes with the maintenance thereof shall he removed by the Grantor at its expense when notified in writing to do so by the Grantee. TO HAVE AND TO HOLD unto the Grantee forever for the sole object and purpose of constructing and maintaining thereon a public sewer or sewers and appurtenances thereto. COUNTY �ANiT r"'i ISTRIC T NO. 7 OF ORANGE -------/ - - �' STATE OF CALIFORNIA ) COUNTY OF On May 12 , 19 93 before me, Mary A. Simpson , Notary Public, personally appeared [Name(s)] J. Wayne Sylvester and Penny Kyle [Title(s)] General Manager and Assistant Board Secretary known to me (or-proved-to--re- m-the-tasrs-of-satttfaetery-evt denee) to be the person(s) whose name(s) are [is/are] subscribed to the within instrument and acknowledged to me that they [he/she/they] executed the same in their [his/her/their] authorized capacity(ies) , and that by their [his/her/their] signature(s) on the instrument, the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal . 53017 � Mary A. Simpson /Myon C ui ( !i�Jin'Y! [Signature -, . :•:�-.� , . .:�` (F5/CP.F5-BS/FORMS-Rev.7/91) TERMS,D I ON AN APPROVED: BY d� gineering Department APPROVED AS TERMS,FORM AND LEGALITY: BY Ge Counsel EXHIBIT 'A' PIPELINE EASEMENT THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 85-142, IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 200, .PAGES 42 THRU 45, INCLUSIVE, OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, BEING A STRIP OF LAND 10.00 FEET WIDE AND LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 2, BEING ALSO THE NORTHERLY LINE OF MICHELSON DRIVE, AND BEING THE WESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID MAP AS " N 87044'13" E 1385.80' "; THENCE NORTH 71002'15" WEST 604.71 FEET AND NORTH 33001'35" EAST 77.61 FEET TO THE POINT OF BEGINNING; THENCE NORTH 13023 '05" WEST 16.52 FEET. THE SIDELINES OF THE ABOVE DESCRIBED STRIP TO BE EXTENDED OR SHORTENED SO AS TO TERMINATE SOUTHEASTERLY AT A LINE PASSING THRU THE POINT OF BEGINNING AND WHICH BEARS NORTH 33001'35" EAST AND NORTHWESTERLY AT A LINE PASSING THRU THE POINT OF ENDING AND WHICH BEARS NORTH 56058125" WEST. ALL AS SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. LAND F. BUf�Ci�,G� o 0 a No. 4406 Ex;,9-30-93 �jgjE OF CA1.1F°�� t 4t ♦ff t a , 1 .- ` �H~ ct:: �d• oU `A slAtF of CAti��`a ` oD 64 1 ,� �N17ATIOV COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P.O. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92728-8127 10844 ELLIS, FOUNTAIN VALLEY, CALIFORNIA 92708-7018 'Sine.195 °A"VGE couH� (714) 962-2411 May 18, 1993 Thomas E. McDonough, Partner Crow Winthrop Development, Limited Partnership 3333 Michelson Drive, #500 Irvine, CA 92715 Subject: Grant of Easement for 10' right-of-way required to install a new sewer line over the northeasterly corner of Michelson Pump Station, Contract No. 7-1 1-2 Enclosed herewith please find one fully-executed copy of subject Grant of Easement for your files. Please provide us with the recording information after you have recorded this easement. Penny Kyl Assistant Board Secretary /pk Enclosure cc: Thomas L. Woodruff (w/enc.) Thomas M. Dawes (w/enc.) !' It-°►°1