HomeMy WebLinkAbout78-20 - Utility Easement to Costa Mesa County Water District, Fire Station on Plumer StreetRESOLUTION NO. 78-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AUTHORIZING MAYOR AND
CITY CLERK TO SIGN UTILITY EASEMENT FOR COSTA
MESA COUNTY WATER DISTRICT FOR THE INSTALLATION
OF FIRE HYDRANT AND OTHER APPURTENANCES, AT FIRE
STATION ON PLUMER STREET.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
THAT, WHEREAS, the Fire Department of the City of Costa Mesa has
determined the need for construction of a fire hydrant at the fire
station on Plumer Street; and
WHEREAS, the installation and maintenance of said fire hydrant and
appurtenances are the responsibility of the Costa Mesa County Water
District, which has agreed to install said fire hydrant and appurte-
nances; and
WHEREAS, the installation and maintenance of said fire hydrant and
appurtenances require the granting of non-exclusive easement by the City
of Costa Mesa to the Costa Mesa County Water District; and
WHEREAS, a Utility Easement has been prepared for said purpose
which is attached hereto and incorporated herein by this reference as
Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Costa Mesa does hereby grant to the Costa Mesa County Water District a
non-exclusive easement for the public purpose of installing and main-
taining a fire hydrant and appurtenances at the Plumer Street fire
station, said easement to be in accordance with the terms and conditions
as set forth in Exhibit "A"; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of
Costa Mesa are hereby authorized and directed to execute the grant of
said easement in the form set forth in Exhibit "A".
PASSED AND ADOPTED this 6th day of February, 1978.
ATTEST:
G;1 �.
City Clerk of the City of Coskd Mesa Ma or of the City of C a sa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and
foregoing Resolution No. 78-20 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof, held on the 6th
day of February, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 7th day of February, 1978.
4� p
City Clerk and ex -officio Clerk othe
City Council of the City of Cost esa
Recording Requested by:
Costa Mesa County Water District
When Recorded Mail to:
Costa Mesa County Water District
C. S. #5200
Costa Mesa, CA 92626
Mail Tax Statements to:
Costa Mesa County Water District
C. S. 95200
Costa Mesa, CA 92626
AP. No. 116-062-21
TCA 15-116
Space Above This Line For Recorder's Use
UTILITY EASEMENT
For valuable consideration, receipt of which is hereby
acknowledged, CITY OF COSTA MESA , hereby grants and conveys to
the COSTA MESA COUNTY WATER DISTRICT, an agency of the State of California, a
perpetual non-exclusive easement and right of way to install, maintain, repair,
improve and relocate a pipeline or pipelines, with incidental ordinary and
necessary appurtenances and connections, in, on and under said real property
described on an attached document and made a part hereof; and to construct
structures for the transmission and receipt of water, including but not limited
to, manholes, measuring devices, air valves, blow -offs, stations, standpipes,
fire hydrants, and service connection structures appurtenant to said line or
lines, which structures may extend above the surface of the ground; together
with the right to enter upon other land of Grantor in order to obtain access
to and along said strip of land, and to deposit tools, implements and material
thereon by said Costa Mesa County Water District, its officers, agents and
employees or by persons under contract to said Water District, whenever and
wherever necessary for the purpose of laying, construction, reconstructing,
renewing, inspecting, maintaining, operating, repairing, enlarging, duplicating
and using said water transmission and delivery line or lines.
Grantor retains the right to use the surface areas and the non-
exclusive right to use the subsurface areas of the easement and right of way
in such manner as Grantor shall deem proper. Grantor may require Grantee to
change or relocate Grantee's water mains or any equipment incidental thereto,
which Grantee agrees to do at Grantor's expense. In the performance of any
of the work which Grantee is authorized to perform in the area of such
easement and right of way, Grantee shall avoid any damage or interference
with other installations in the areas of such easement or right of way.
There shall be no less than a 42" of cover over said line or lines nor
EXHIBIT "A"
Resolution No. 78-20
greater than a 12 foot fill thereon. The Water District agrees to confer
with Grantor thereof in order that district activity will result in a
minimum of inconvenience or hardship.
Grantee accepts the easement and right of way granted hereby with
the knowledge that Grantor intends to improve the surface of the easement
herein granted and use the same for motor vehicle parking, pedestrian access, ~
landscaping and related purposes. In making any installation or in the
performance of any work, Grantee shall adequately protect its installations
against such use. In making any use of this easement, Grantee shall
(a) Make adequate provision for the safety and convenience of
all persons using such areas or other improvements or
facilities in such areas;
(b) Replace and restore the areas and improvements to the
condition in which they were prior to the performance
of such work; and
(c) Hold Grantor and other users of the easement harmless
against all claims, liabilities or expenses, including
costs and attorneys' fees, arising from Grantee's use
of such area.
In its use of the easement and right of way herein granted,
Grantee shall not permit any claim, lien or other encumbrance arising from
such use to accrue against or attach to said easement and right of way or
the interest of Grantor in the land in, on and under which said easement is
granted.
IN WITNESS WHEREOF, this Utility Easement has been executed by
the Grantor herein this 6th day of February, 1978.
ATTEST:
City Clerk
Ma or
EXHIBIT "A"
Resolution No. 78-20
Page 2
LEGAL DESCRIPTION
The north 29.00 feet of the east 15.00 feet of Lot 9,
Tract No. 692 as shown on a map recorded in Book 21,
Page 6 of Miscellaneous Maps, records of Orange County,
California.
EXHIBIT "A"
Page 3
Resolution No. 78-20