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HomeMy WebLinkAboutSAN JOAQUIN HILLS TRANSPORTATION CORRIDOR UTILITY AGREEMENT - 1995-12-18 SkE OF CALIFORNIA-BUSINESS.TRANSPORThON AND HOUSING AGENCY GRAY DAVIS.Governor DEPARTMENT OF TRANSPORTATION SOUTHERN RIGHT OF WAY REGION Distr:-.t 12 R=Field Office 3337 Michelson Drive, Suite 380 ' Irvine, California 92612-8894 vim Phone: (949)724-2884 ,��.A'i f/ririf'e FAX (949)724-24111724-2622 November 07 2002 �6CJrLrt� *fCffirn 6EICPx1ey- blow /-- tUw D,ils -FJo Ms.Connie Brockway I2-ORA-73 23.5124.3 Office of the City CIerk Parcel Nos.300086-2 City of Huntington Beach. P.O.Box 190 �} Huntington Beach,CA 92648 f=y r- pt i.cn,V Dear Ms.Brockway:: p � In accordance svith your request dated October 28,2002,enclosed is a conformed copy of the recorded QUITCLAIM DEED. If you have any questions or need any additional information,please telephone me at 949-724-2556. Very truly yours, Roger Williams Right of Way Agent enclosure soothe-Right of way Region District 07R/W Field Office District 08 R/W Field Office 21073 PatF.finder,Suite 100 120 South Spring Street 461 W.4"Street. 12"Floor Diamond Bar, C! 91765 Los Angeles,CA 90012-3606 San Be►nardirw, CA 92401-1400 Phone: (909)468-1500 Phone. (213)897.1861 Phone: (909)383-6211 Far: (909)4681501 Far: (213)847-8902 Far: (909)3V-6239 7DD: (800)735-2929 , e C ONFORME'D COPY Not Compared with Original Whei recorded mail to Recorded in Official Records,County of Orange Darlene Bloom, Clerk-Recorder The State of California `!„1 ,sI ���i��'���,; 10 FEE Department of Transportation i "` 3337 Michelson Dr., Ste.CN380 2002097691012:15pm 11106102 Irvine,Ca. 92612-0661 115 27 D10 8 0.0a 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Attn. ro3er Williarist Space above this Gne for Recorders Use QUITCLAIM DEED District County Route Post Number 12 ORA 73 23.5-24.3 OC63769-01 r E w go E ce City of Huntington Beach, a political subdivision of the State of California, does hereby release and m U. .� W quitclaim to the State of California _all right, title, and interest in and to all that real property in the City of o Irvine, County of Orange, State of California, described as: � 4nz Being that portion of that certain Grant of Easement recorded September 24, 1964 in Book 7232, �- Page 7111 Official Records in the Office of the County Recorder of Orange County, being that portion of Block 58 of Irvine's Subdivision, situated in the City of Irvine, County of Orange, State of California as per the Map filed in Book 1, Page 88 of Miscellaneous Record Maps in the office of the County Recorder of said County more particularly described as follows: Bounded on the northwest by the general westerly line of Parcel 63769 as described in that certain deed recorded in book 12289 page 1726 of official records and bounded on the south by the general westerly line of Parcel 300086-2 as described in that certain deed recorded as instrument no. 1E,960585938 of official records. All as shown on Exhibit B, attached hereto and by this reference made a part hereof. This roal property description has been prepared by me, or under my direction, in conformance with tl-,e Professional Land Surveyors Act. LA D SG9G 91�M. 4 ZN,LFsr 09 Scott E. Estep, PLS 7066 Date No. 7068 CA tlfOQ`�\F� Form RW 5-1(J)(Revised 10l99) Won ' OC&3759 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto,this^ 16ewt _ day of� _ Cc&4-&V �,2094. City of Huntington Beach,a politica3 subdivision of the State of Califomia ay Title: Mayor B Title. Cit Clerk THIS 13 TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281),hereby accepts for public purposes the real property described In the within deed and consents to the recordation thereof. IN WITH gSS WHEREOF,I have hereunto set my hand this jJt3-- day of. Anar� _1 - ,2g7�L FF 1 (� G - Dire or o nsportation By A7., .Tt^G A 3 '4 0 FORM Attorney n Faci C."T' ? ; Cltr Attorney Form RVI6-1(J)(Revised IV99) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Q�Prilbtic On before me, JZFFfthAAt I Na xl rilrui. Dow Mrrr•rd Tb•a orti..4.4.�.,.Dai wowr P � ._ personally appeared �+•�wq a av�u X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the perso6s) whose na (s Ware 6 JEFFREY A. HUGHES subscribed to th within Ins ant and Commission 1373006 acknowledged to me that they executed A Notary Put:Ac -Coflfomia the s In ttlei autho �S O,r+�e County - capacP ies and that y 'thei fMyCornrnk�UeaSep2?tX76 signatur on the instrument the perso or the entity upon behalf of which the perso s acted, executed the instrument. r WITNM nd official seal. - � d Floury Ptoac r r OPTIONAL • rMUO rre inkxmaaon tom is nor mw4d by raw,k maygrave mkm&e ro Persons ffl y-p on ute doca~t and=M preWV frauduWt removal and maMichmerN a'Vw kmm to another document Description of Attached Document Title or Type of Document:-��U1TC1f�1.M� 6 1 .S Document Date: 0x 1u 1 oZ Number of Pages: -7 Signer(s)Other Than Named Above: S��S' E, *-5TcT Capacity(ies) Claimed by Signer 1� �1► r Signer's dame: Drcft1 ❑ Individual rVowfflffe Corporate Officer—Titles): Mn •x *+- Dr!y. t}, C�� r� �? ❑ Partner rJ Limited ❑General r� ❑ Attomey-in-Fact ❑ Trustee 7 Guardian or Conservator ❑ Other, r Signer Is Representing: t:n 4�y���l*b,�'•r� _ r� O Mot Ha ow? Awow CM%&Fn•14W/76 W SEE SHEET 2-' CURVE NO. RADIUS DELTA LENGTH TAN C320 37.00 25047'48" 16.66 8.47 C% NO DIRECTION DIST. ��► T924 N 20046'38" E 9.67 >�-- T905 N 67001'56" W 29.68 T906 N 35020'54" W 162.15 OA4 T907 N 10059'19" W 24.00 W'LY LINE OF PARCEL 300086-2 ^� NOTE: .� r to EASEMENT TO COSTA MESA CCUNITY WATER •m %�"� 3Q0086-2 DISTRICT AND THE C17Y OF HUNTINGTON �J/ O%'off BEACH FOR WATERLINE PURPOSES. RECORDED IN BOOK 7232. PAGE 711 O.R. EASEMENT TO COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON � BEACH FCR WATERLINE PURPOSES. RECORDED ..s N BOOK 77 7 z�p2. PAGE 711 O.R. TO BE PARCEL 300086-2 PER // GRANT DEED RECORDED NOVEMBER 20th. 1996AS A., Li3 r NT NO.19960585938 O.R. �' /'' C j a i s i�.•� l'g8T aeee s•'F 1 0 � cr) rL e 4 1 N40 1 NOT TO SCALE `n EXHIBIT „B„ QUITCLAIM ASSOCIATED WITH BOOK 7232 PAGE 711 O.R. v/ /i �s 12-ORA-73-23.6 to 24.2 OC3006-I.DGN i/ ! SHEET I OF 5 SHEETS SEE Sf-� ET 3 �• 4 f i � r f 6 i R/W It.. M�3�N• � r �o ct 1 J f � rt 1 S } .n ti A lii .7 1 r NOTE: tj' !m a EASEMENT TO COSTA MESA COUNTY WtTER DISTRICT AND THE CITY OF 0 HLNTINGTON BEACH FOR WATERLINE rt ® PLRPOSES, RECORDED IN BOOK 7232. PA;E 711 O.R. EASEMENT TO COSTA MESA COUNTY DATER DISTRICT AND THE CITY OF 1. �UNTINGTON BEACH FOR WATERLINE 300086-2 !M FURPOSES. RECORDED IN BOOK 7232. ' FACE 711 O.R.. TO BE QUITCLAIMED io i Q PARCEL 300086-2 PER -'-- GRANT DEED RECORDED I z NOVEMBER 20tn. 1996 AS INSTRUMENT 9 NO. 19960585938 O.R. If NOT TO SCALE EXHIBIT B k OUITCLA1M ASSOCIATED WITH x ; BOOK 7232 PAGE 711 O.R. 12-ORA-73-23.6 to 24.2 SEE SHEET I SHEET 2 OF 5 SHEETS SEE SHEET 4 . . NOTE: J N EASEMENT TO COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF Q 14UNTINGTON BEACH FOR WATERLINE i PURPOSES. RECORDED IN BOOK 7232. PAGE 711 Q.R. EASEMENT TO COSTA MESA COUNTY i M WATER DISTRICT AND THE CITY OF i --i.- HUNTINGTON BEACH FOR WatERLINE ; r PURPOSES, RECORDED IN BOOK 7232, f i PAGE: 711 O.R.. TO BE OU17CLAILED � s s' {� Z. PARCEL 300086-2 PER f GRANT DEED RECORDED f% NOVEMBER 20th, 1996 + s ;; AS I,MSTRUMENT NO. 19960585938 O.R. 10 ' ~ i 1 f�/ l.• A" 16 CL i/ 300086-2 40 O NOT TO SCALE EXHIBIT "B11 OUITCLAIM ASSOCIATED WITH BOOK 7232 PACE 711 O.R. 12-ORA-73-23.6 to 24.2 ,•�j.<< �SEE SHEET 2 SHEET 3 OF 5 SHEETS SEE SHEET 5 . . 1 d N � � QvQ4+� L= 4O��gQ 'i d ! H i---�l NOTE: f EASEMENT TO COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON 1r d ® BEACH FOR WATERLINE PURPOSES. RECORDED IN 800K 7232. PACE 711 O.R. TO EASEMENT COSTA ER TON 0T PURPOSES. RECORDED D EM-., IN 800K 7232. PAGE 7I0RO B OUITCLAIN.ED i r � o � 6 !j NOT TO SCALE r` EXHIBIT "B„ OUITCLAIM ASSOCIATED WITH 1 BOOK 7232 PAGE 711 O.R. 12-ORA-73-23.6 to 24.2 SEE SHEET 3 SHEET 4 OF 5 SHEETS � r 1 1 1 I i 1 1 r r ; 1 r NOTE: EASEMENT TO COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF hUNTINGTON r I J BEACH FOR WATERLINE PURPOSES, RECORDED I I f tits SfltiK 7232. PAID♦: 711 O.R. I r r I l EASEMENT TO COSTA MESA COUNTY WATER r , DISTRICT AND THE CITY OF HUNTINGTON I f BEACH FOR WATERLINE PURPOSES. RECORDED / IN BOOK 7232, PAGE 711 O.R. TO BE I QUITCCA1MdE0 + ► I r ; ;If ; A o m et 2 f r v 04 f moo f Q'p to i Cl f Q �r I fr OJvf! ' 6 ; i NOT TO SCALE 1 EXHIBIT "B" QUITCLAIM ASSOCIATED WITH + BOOK 7232 PAGE 711 O.R. 12-ORA-73-23.6 to 24.2 SEE SHEET 4 SHEET 5 OF 5 SHEETS �, �,,• CITY OF HUNTINGTON BEACH • 2000 MAIN STREET. -CALIFORNIA 92648 OFFICE OF THE CITY CLERK COHNIE BROCKWAY CRY CLERK LETTER OF TRANSWTITTAL OF ITEI1l APPROVED BY TIfE CITY COUNCIL I ' REDEVELOPMENT AGENCY OF THE CITY OF HUNTIhGTON REACH DATE: C)c TO: o ,cr t' o n ATTENTION: hp-e&of Trc.,%sgytjzj47 Iti ame _3U !Z Ac A&!e_I a�*,n Dr. 413 8v DEPARTI%IENT: Street z2%_N-:e , REGARDING: Z3tn Sow City,state,zip ORA-73-,23• 7 Cg-o Sec Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. . Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Imurance RCA Deed Other • pl¢ItSnc . CC: kim 'N ils ' pt- P�bl•� 4�ark�� .... sp cop,/ Name Department RCA Armrwm k sumaee Other -t5 b. pykS co Name �C R ai C, L Depanrs;ent RCA AV-1 lnsssraace Other Ave _I Coy Name Depanmem RCA lnsuranee other Name Dcpartmmt RCA AZeemmt Imurusee Other Name Deputmem RCA Insurance (Tetaphone:714536-52Z71 'STATE OF CALIFORNIA•BUSINESS.TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS.Governor DEPARTMENT OF TRANSPORTATION RECEIVED SOUTHERN RIGHT OF WAY REGION DEPT.OF PUBUC WORKS District 12 RNV Field Office 3337 Michelson Drive, Suite 380 MAR 08 2002 Irvine, California 92612-8894 I}� Phone: (949)724-2884 1,�lATER DIVISION �`�! FAX (949)724-2411RZ4.2622 HUNTINGTON EE",6lq I V E D February 22, 2002 _ ��,v� DEPT OF PUBLIC WOWS V MAR 0 5 2002 Mr. Michael ineke City o untington Beach V`JATEFs OlVl510N 20 ain Street WNTINGTON BEACH,CA Huntington Beach, CA 92648- Subject: San Joaquin Hills Transportation Corridor ORA-73-23.5/24.3 - QC63769-01 Gentlemen: Contained, within paragraph no. 2 of that certain JOINT USE AGREEMENT between the City of Hunting Beach and the STATE OF CALIFORNIA recorded May 21, 1997 as Instrument No. 19970235629, is a commitment by the City to "surrender and quitclaim to the State all of the Owners' right, title and interest under and by virtue of the Owners' Easement in the old location within the Corridor Right of Way and not included in the New Location". A copy of the recorded document is enclosed. No quitclaiming, pursuant to that commitment, has been accomplished as of this date. The City of Huntington Beach is respectfully requested to execute the QUITCLAIM DEED which accompanies this letter. . After it has been executed, please return the document to this office. A return addressed envelope is also enclosed for your use. After it has been recorded, a copy of the document will be forwarded for your files. If you have any questions regarding the matter, I can be reached at the address shown in the above letterhead or by telephone at 949-724-2556. Very truly yours, "'A mac%' Roger Williams Right of Way Agent Enclosures S-/W-P10 of IN'q Region Districr 07 R/W Feld f7ff ce District 08 R/W Fuld Office 21073 Pathfinder,Suitt 100 120 South Spring Street 464 W.4"Street, 12'Floor Diamond Bar, CA 91765 Los Angeles. Cl 90012-3606 San Bernardino.C4 92401-1400 Phone: J909)468-1500 Phone: (213)897•)861 Phone: (W)383-6211 Fax: (909)468-1501 Fax: (113)897.89M Fay: (909)383-6239 7DD: OW)735-2929 File Notes Office of the City Clerk Huntington Beach, California ■ r Ta y`Vv7 PI.,- tNr. L%I�j tk^Tjs Q�l� � Frori: Dills, Ken Sent: Thursday,September 26,200210:48 AM To: Lazarus,Sarah Cc: Hughes,Jeffrey - Subject: RLS#2002-0141 Sara-i, I got a note from Jeffrey in the Clerk's Office regarding RLS 2002-0141. This involved a quitclaim deed and requested a memo approving the execution of the deed by the City Clerk and Mayor. They still have the item in their pending file. Any state 3?Thanks. From: Lazays Sarah �\ Sant: Friday,Septem er 27,2002 9.47 AM To: Hughes,Jeffrey Subject: RE:rls 0141 "--'� a lh, that's our Si nal to you that its ok to execute. ---Original Message---- From: Hughes,Jeffrey Sent; Thursday,September 26,2002 5:02 PM To: Lazarus,Sarah Cc: Dills,Ken Subject• RE:rls 0141 Hf The Clerk's Office does have the original Quitclaim Deed and there is an"Approved As To Form"stamp on it. Is that the mark that tells the Mayor and City Clerk they have the abilityldirectionlok to execute(sign)the document? When I sent the note to Ken to inquiry of its status, I was looking for something in the form of a memo,based on the RLS Ken had submitted...So...I guess, I was looking for the wrong thing? If the"Approve As To Form"is all I need, just confirm it for me&I'll get the document out the door...Thanks. ----Odginal Message----- From: Lazarus,Sarah Sent: Thursday,September 26,2002 4:45 PM To: Hughes,Jeffrey;Dills,Ken 5ubjecL-r1s 0141 you Inquired about the status of this rls,the DOT deed.the request for legal services asked us to approve the deed and send it to the city clerk,our records show we gave it our official stamp and shipped the stamped original off to the clerk last march,two days after it came in.has the stamped original been lost? REC " IVED Q:;Pr i ''M`•", s CITY OF HUNTINGTON BEACH ] RLS No..� ti MAR I ;) 2102 REQUEST FOR LEGAL SERVICES �; Assn To 5 L Gail Hutton Atbrney Date �i, ,7 '"lGTQ' iv S..4Cti.CA eq`IC Ru ade by: Telephone: Department: 318102 en Dills . 20 5055 Public Works-Water IN 33TRUCTIONS: File req est the Ci orney's Office. Outline reasons for this request and state facts necessary for City Attd�y tg re ond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ' ❑ Resolution ❑ Lease ❑ Bond ❑ Meeting ❑ ContracJAgreement ® Deed ❑ Court Appearance ❑ insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information co fined In this RLS to all members of ty C uncil. Agenda Deadline Council Meeting =0102 Sig ature of 06partment Head COMMENTS ai;-.--hed is letter of transmittal and a quitclaim deed from the Department of Transportation. DOT is requesting that quitclaim, dee3 be executed. Can the City Clerk and Mayor execute this deed? If so, please forward to the City Clerk with a brief merio approving it. Routing: ❑ GCH ❑ PDA ❑ LB ❑ SL ❑ JF [ [] AOL ❑ SF ❑ JM ❑ 3 r Thi; Request for Leal Services has been assigned to attorney , extension .! � SS His/her secretary is ��� _ , extensio 0 i Notes: File Name: Date Completed: WP No.: Q Shaded areas for City Attorney's Office use only. r7 s -- RLS for quitclaim deed 3M,'02 9.13 AM PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in the County of Orange. California AND WHEN RECORDED 61AIL TO. Gary L. Granville, Clerk/Recorder C.C No Fee, 005 6 12 25 27 7.00 Aft 27 sp 78.00 0.00 e.00 0.00 0.00 Sd.-* t--SLC 0\-,w � THIS SPACE FOR RECORDER'S I<JSF ONLY TIILE OF DOCUMENT. �� \ i RC7,v i r THIS PAGE ADDED TO PROVIDE ADFOUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) 'Q 059.71rLE PAGE rR7.'95+ r• ' i Recorded By and When Recorded Mail To: •Svace Above n-is J jne For RMg der's�Use Only SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY JOINT USE AGREEMENT EXEMPT-0 ERNMENT CQDE SEC 110M 6103 THIS JOINT USE AGREEMENT (this "Agreement"), entered into this `I f day of Oc4vbeg- , 19_9I , by and between the MESA DISTRICT, a county water District, and the CITY OF HUNTINGTON BEACH, a political subdivision of the State of California, hereinafter collectively referred to as the "Owners", and the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter called the "STATE" is as follows: WITNFSSETH WHEREAS, Owners are in possession of certain rights of way and easements, hereinafter referred to as "Owners' Easement" and described as foIIows: That Easement Deed granted to the Owners, data! August 7, 1964, as recorded with the Orange County Recorder's Office on September 24, 1964, in Book 7232, page 711, which Easement Deed is incorporated herein by this reference and correspondingly made a part hereof;' WHEREAS, Owners maintain certain facilities within the Owners' Easement as part of Owners' operations; and WHEREAS, the State has acquired certain lands for the purpose of constructing thereon a portion of the highway known as the San Joaquin Hills Transportation Corridor (the "Corridor") in the vicinity of Bison and MacArthur, City of Irvine, County'of Orange, said lands are hereinafter referred to as the "Corridor Right of Way", which Corridor Right of Way is subject to Owners' Easement; and s � r . WHEREAS, Owners' facilities within the Owners' Easement in the Corridor Right-of- Way will interfere with or obstruct the construction, reconstruction, maintenance or use of the Corridor, and the State desires to arrange for the elimination such interference or obstruction; and WHEREAS, the Owners and the San Joaquin Hills Transportation Corridor Agency, a joint powers agency in order to accomplish the mutual objective of eliminating the above- referenced conflict, have entered into that Agreement entitled "San Joaquin Hills Transportation Corridor Utility Agreement No. 3002' dated as of April , 1995 (the "Pipeline Relocation Agreement"), which is incorporated herein by this reference. NOW, THEREFORE, OWNERS AND THE STATE HEREBY MUTUALLY AGREE AS FOLLOWS: 1. The location of Owners' Easement insofar as it now lies within the Corridor Right of Way shall be and is hereby changed to the strip of land within the Corridor Right of Way hereinafter referred to as "New Location", as described in Exhibit 01", attached hereto and made a part hereof by this reference. 2. Owners' facilities now installed pursuant to Owners' Easement within the Corridor Right of Way have been, or will be, relocated and reconstructed on behalf of Owners to the New Location. The Owners will surrender and quitclaim to the State all of the Owners' right, title and interest under and by virtue of the Owners' Easement in the old location within the Corridor Right of Way and not included in the New Location. Owners hereby consent to the construction, reconstruction, maintenance and use by the State of the Corridor over, along and upon Owners' Easement both in the old location and in the New Location within the Corridor Right of Way, upon and subject to the terms and conditions herein contained. 3. The State acknowledges Owners' title to Owners' Easement in the New Lotion and the priority of Owners' title over the title of the State therein until abandoned or extinguished by the Owners. The Owners have and reserve the right and easement to use, in common with the public's use of the Corridor, the New Location for all of the purposes for which Owners' Easement was acquired, without need for any further permit or permission from the State. Except in emergencies, Owners shall give reasonable notice to the State before performing any work on Owners' facilities in the New Location where such work will be performed in, on or over the traveled way or improved shoulders of the Corridor or will obstruct traffic. In all cases, Owners shall make adequate provision for the protection of the traveling public. 4. In the event that the future use of said Corridor Right of Way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Owners' facilities then existing in said New Location, the State shall notify the Owners in writing of such necessity and agree to advance or reimburse the Owners, .as Owners and the State may agree, on demand for the Owners' reasonable costs incurred in complying with such notice. - 2 - i Prior to commencing relocation the Owners will provide the State with plans of such proposed rearrangement and an estimate of the costs thereof and, upon approval of such plans by the State, Owners will promptly proceed to effect such rearrangement, relocation, reconstruction or removal at such times as are agreed to by Owners and the State. No further permit or permission from the State for such rearrangement shall be required and the State will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Owners' facilities within said Corridor Right of Way, (2) provide executed document(s) granting to Owners good and sufficient easement outside of the Corridor Right of Way if necessary to replace Owners' easement or any part thereof, and (3) advance or reimburse-Owners, as may be agreed, for any costs which it may be required to expend to acquire such easement, provided that it is mutually agreed in writing that Owners shall acquire such easement. 5. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of Owners' Easement. Both the State and Owners shall use the New Location in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Owners or the State may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either the State or Owners in such a manner as to cause an unreasonable interference with the use of the New Location by the other party. 6. This Agreement shall inure to the benefit of and be binding upon the successors, assigns and transferees of all parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their respective officials thereunto duty authorized. STATE: OWNERS: RECOMMENDED FOR APPROVAL: MESA CONSOLTDATED WATER I T : Al 1Z /10 k 'ty RJeer B - Title: Board President L'Z G. Mattocks, Chief CITY OF H=NGTON BEACH: Utilities Relocation Branch Right of Way and Asset Management Program f APPROVED AS TO FORM AND By: , • PROCEDURE: i Title: M_ Apt,? ct�xic -7 19.r Attorney, gnet of Transportation STATE: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION: By:� - Attorney in Fact Denny Shields, Program Manager - Right of Way and Asset Management - Joint Use Agreement Signature Page - STATE OF CALIFORNIA ) ss. COUNTY OF Cyr ,n jZ-' ) On 6-- a S S before me, Ja,4 At ry (here insert name and title of the officer), personally a ed s On— personally known to me ,. to be the person{•whose name* isl.v&subscribed to the within instrument and acknowledged to me that he/s# hey executed the same in hisl�* authorized capacityods), and that by 1�zVMFAheir signature(1g) on the instrument fffe—personW, or the entity upon behalf of which the person06 acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL JANET L MAYFxi STATE OF CALIFORNIA ss. COUNTY OF ) On ? La 9 before me, (here insert name and title of the of cer), personally appeared personally known to me to be th personLsl whose nameUs mare subscribed to the within instrument and acknowledged to me that he:1shdthey executed the same in hia4heF their authorized capacity ies , and that by hislheratheir signatureQ on the instrument the personw, or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) 99 MAYII E i O "W My Comm.fXPa Y 11.199J r , t• STATE OF CALIFORNIA ) ss. COUNTY OF -5actghi ej,70 On —( Ct —b _eH c2 S, /?f S' before me, (here insert name and title of the officer), personally appeared -''111-Y SHIELDS , personally known to me (off e to ., WdeRea4 to be the person% whose nameW is/ere-subscribed to the within instrument and acknowledged to me that helakaldwy executed the same in him authorized capacity(ies), and that by hill it signature(4 on the instrument the person(IQ, or the entity upon behalf of which the person(p acted, executed the instrument. WITNESS my hand and official Seal. . Signature (SEAL) ' � {kx�rr.i 10�S13L 3 " Mo;IYtY PtA= � a Irly OXM.&Wea MR.M.19"e� EXHIBIT A MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION, SITUATED PARTLY IN THE CITY OF NEWPORT BEACH AND PARTLY IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: JUA 3002-A A STRIP OF LAND 30 .00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOU77MUY SIDELINE: COMMENCING AT THE ORANGE COUNTY HORIZONTAL CONTROL STATION "LC 12", HAVING A 1983 NORTH AMERICAN DATUMI (NAD 83) WITH THE, 1988 ORANGE COUNTY SURVEYOR'S G.P.S. ADJUSTME17T VALUE OF NORTH 2165291.634 AND EAST 6102015 .56E AS SHOWN IN "RECOVERY NOTE G.P.S. STATION" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE NORTH 90.37140" WEST, 35449.53 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTED. TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF A LINE BEING DESCRIBED AS '"SOUTH 26.52'05" EAST, 2030.40 FEET"; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16.06145" WEST, 51.73 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID EASEMENT THE FOLLOWING TWO COURSES: SOUTH 16°06145° EAST, 51.73 FEET; SOUTH 18`51100" EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASURED AT RIGHT ANGLES, TO SAID WESTERLY LINE OF SAID PARCEL 63769., SAID WESTERLY LINE BEING DESCRIBED AS "'SOUTH 01043122H WEST, 933.51 FEET-; THENCE SOUTHERLY ALONG" SAID PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 01043132N WEST, 736.44 FEET; SOUTH 24020 ,19" WEST, 83 .56 FEET; SOUTH 01'43 '32" WEST, 466.13 FEET; SOUTH 01*45122" WEST, 264.84 FEET; THENCE LEANING SAID PARALLEL LINE SOUTH 01*52 '50" EAST, 304 .40 FEET; THENCE SOUTH 28*07110" WEST, 43 .48 FEET; THENCE SOUTH 01"45'22" WEST, 133.44 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 65. 00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS "SOUTH 14'47110" WEST, 470.01 FEET"; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 14.47'20" WEST, 243 .83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS "SOUTH 44027'42" EAST, 231.22 FEET"; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 44.27'32" EAST, 142 .15 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, 100 FEET WIDE AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 1047, PAGE 557 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE EASTERLY SIDELINE OF THE HEREI33ABOVE DESCRIBED STRIP SHALL BE PROLONGED SO AS TO TERMINATE NORTHERLY ON THE WESTERLY LINE OF SAID PARCEL 63769. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE SHORTENED SO AS TO TERMINATE SOUTHERLY ON THE WESTERLY RIGHT OF WAY LINE OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO• CREATE A CONTINUOUS BOUNDARY. ALL AS MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT "A-1" ATTACHED HERETO AND BY•THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USER IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. r THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. PAUL L. BAKER L.S. 5878 DATE MY REGISTRATION EXPIRES 12/31/96 uft �c,�/�1,V'• 'Ply LS.5878 :xo Nl0006706%SLMV%3002A.vPa dovr bar 7. 2776 �aF CALtiE fQ��V►p u$�r; ��r=rM� 7�n Q�woA I= a F � Ryyp •��M LM�� YNM� � • 1_Ow� 1Mrs p� T/�pVNo vl 1 1pal~gyp lyiyy�r. AMQQ 1`C� Qw IT.. • .• �.1 T IY''. L A +►N OUYN ^ _ wSPA 2" ti 7? C 933.51. m t O ` 1726 rn CA? 00 .r �705. 79. _ Y .ram �_'M • 0' 7�— •1r�16Q.G r.— ..— •r N I •1 1•S 602'1M 0 P .. •.�.r Ol a IF N 6•+JE•14 N 3 7.09• H 1204S'57• *��N 9.39'�1• w � 111.92' � 106.06' LA n M PARCEL 63770-I NNNN n 0.R. 1/74 502 O N •.I �O N^ z n '`�L''4Rr iro► rr i r; `�„ yVR B ROWE 73 H !•fi•15'_t!� r Z61b.b�•� 't �`•�• 116S�00 � ,CNE� 1 1?0000 to +•. Ol wo .. 1 1 3G � 10 w w 7/70,9 cy d,41 ..,�•`3�„ �jo !,� rood J•�`rao;`["`.� '�'r� `Ly�/�, •solss•olJrf� be '�,� fl9f'OSOJl04 r f�a�`�~�f�'�JV �~~'��=�1 � •~•�'�+•+. :2L X IS3: O4st•p:C�QI •tt.t►.J w w , h r oe'Y� K w a. 8. OSS •!ydw 6Q.Fr 0 .4: Z � •Q/t/ WY � O Y 16 WPd Ir 1 UI�n4 1 W�.•.- , Vl Z i W 1 N N:=i�pyp � QQ u EXHIBIT A- I SEE SNEET2 • fE+1t1wG Gtsr.t�cE u'a • �r 1 1 , T11 M!t•OT•to• E 13.�{ // ��, Q1 I T461 w 1•4S•2r E 133.a4 =n rua K r32.2r• E IZt.T2 •�• T1123 w TI.WW" E 3T.03 =• ��, j OV TI,T{ 1t Tr02.30' ■ 147,02 Q TIM w 2S•34 St• E ".0? TOM M 73.34•50• E iT.23 / its" K 23.34•36• [ 12.16 ~ •/�� I 11130 It rl•3! 21' k ISf,{{ !�p 11137 M SS so •15'IS• r •2,TI ♦ t 1 a 11139 0.0T•Ot• • 3{.SO 1116S N4t•3!•2Z• E Si.36 t11K N 40•39.2P t 103.30 1 1 �n • v h / � I j� l� j j/ J�• � `paw SOOZA s nrrror[Pt NCI �A bo. Cii�I a Rf cl&. I r: TO T1tCSC Ettt11;1TS. ttETEt1 jj TK STATEWwAj (t: / h h 1 c.a.lrols.�., Qfp.pf14M1 Or TrtwtSPORT.itOlt It1l�IT Or r.r .ur ►1 IP-13. SNEETS ISr T""X" 434 11+QVINW. ON ME At iM( DISTRICT 12 M(.DowRr[1K 111u1T of II.T 0[1111TL[Nr. 1 j 1 ,fl ,• /� `� 300x 1 j �� J :,,; Q� •�'� �� .rug 1( / e /1 1 / Qt !f.1i1. 551 If F � � ^ba ow :11zs �p�`tQ ash. / %j ^ _ �qg• FEE �• cQ o.�! 300086-22 r a 8 is s ^~ ► / e w qv s i S�\. S� � • � OI"1 • q '� BLOCK 57 1RY)NE's SURD]Y1 S 10N PARCFL 63768-1 tid•4kp D.R. 11091 / 1952 •'eke �P� �' ev It / toe \ .\ JOINT USE AGREEMENT 3002-Q DATE1 -S-ss SHEET 3 OF 3 EXHIBIT B MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION, SITUATED PARTLY IN THE CITY OF NEWPORT BEACH AND PARTLY IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: JUA 3002-B A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE; COMriENCING AT THE ORANGE COUNTY HORIZONTAL CONTROL STATION "LC 12" , HAVING A 1983 NORTH AMERICAN DATUM (NAD 83) WITH THE 1988 ORANGE COUNTY SURVEYOR'S G.P.S. ADJUSTMENT VALUE OF NORTH 2165291.634 AND EAST 6102015.565 AS SHOWN IN "RECOVERY NOTE G.P.S. STATION" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE NORTH 60.37'40" WEST, 35449.53 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTED TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF A LINE BEING DESCRIBED AS '"SOUTH 260521050 EAST, 2030.40 FEET'; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16006145" WEST, 51.73 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID EASEMENT Tk� FOLLOWING TWO COURSES: SOUTH 16°06'45" EAST, 51.73 FEET; SOUTH 18051'00" EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASURED AT RIGHT ANGLES, TO SAID WESTERLY LINE OF SAID PARCEL 63769, SAID WESTERLY LINE BEING DESCRIBED AS '"SOUTH 01.43 '22" WEST, 933.51 FEET'; THENCE SOUTHERLY ALONG SAID PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 01'43 '32" WEST, 736.44 FEET; SOUTH 24020'19" WEST, 83 .56 FEET; SOUTH 01-43132" WEST, 466.13 FEET; SOUTH 01.45 '22" WEST, 264 .84 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 01°52050" EAST, 304 .40 FEET; THENCE SOUTH 28"07' 10" WEST, 43 .48 FEET; THENCE SOUTH 01045 '22" WEST, 133 .44 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 65.00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS '"SOUTH 14*47120" WEST, 470. 02 FEET"; THENCE SOUTHERLY ALONG SAID PARAL•TLEL LINE SOUTH 14.47'20" WEST, 243 .83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.S0 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769, SAID LINE BEING' DESCRIBED AS "SOUTH 44°27'42" EAST, 231.21 FEET"; THENCE SO=AEASTERLY ALONG SAID PARALLEL LINE SOUTH 44"27'32" EAST, 142.15 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, 100 FEET WIDE AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 1047, PAGE 557 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 44.27132" EAST, 128.67 FEET TO THE EASTERLY RIGHT OF WAY LINE. OF SAID MACARTHM BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED SO AS TO TERMINATE NORTHERLY ON THE WESTERLY LINE OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE SHORTENED SO AS TO TERMINATE SOUTHERLY ON THE EASTERLY RIGHT OF WAY LINE OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. ALL AS MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT "B-1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6 . DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. ' THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED EY ME, .OR UNDER MY DIRECTION, IN CONFOUMNCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. PAUL L. BAKER L.S. 5878 DATE MY REGISTRATION EXPIRES 12/31/96 um '� ` L.S.5878 xl000670f%SM%f%]oo2a.upD Noveober 7. 1956 •YA,-e �QF CK10 LAI 00001I1 rO3V�, '� 00•i91� -t -�•~ 'I O 3) �` ►- f'L 3�nog �� 021y 1y o N COS ♦ 6Z I I III tv o !-OLL£g 73�?!Yd j rlrv�a ►" � �j VI 1 N�o ri a O• W M .90'901 .01 K M .Ir.6i.4 M��1A •60' SC Y .►I.ot.9 N .- 47 Di JT '6l'9pZf ~`��� .r.r•r'r� O r 9AZf `1� O�P`4 .y 37/7Og � •�'� ��� Ir h `';6'aortl l S M` W oo -.ram~~•r• ��� .ti•' ti •zz.�y•i p .6 cc ggZZ 90 tb W • N 120i6•a5.1�1543 M♦ •..��•`�'•���/68ZZ�~��O�,ti�•`• � t �y.1 � '-,�+ L"} o � �n•� _ _ � /�mayy Y � Q• � d =�, N � PO+1 7 r 4 YfnO� ~ ■ Nt . ! V **+W . ===x fppWp WO ..F� R � e rrwr. •v • `y=i YOGA .li��vi�R r s a �v►emu. Rs YAA�"Q N =M a Ts r �r a .• 21 q TRAcr N0. 123o9 M.M. 550 f 1-8 e � w%� W t INNt•1S$222•E 53941E!•1 N Zrs�3so;tsia 10 601foso.3611 � e•4!•32• E 47a.12• � � Sd9+ ..............N... ._....:�► '.:..... ...,....-4A:F ' E: .: Aa.+i:..... ... �� Oj-_ it. J M N 19 22` E 264.a+• PARM 6376 9 k 1.4�'32• t +66.!3' �� "`�'■���.`►•.a�,.....�,.. � � O.R. 12289 f 1726 �u � �► _....,_....._..,......_.. -—-_._. '�t��t•3'r+"�`rfaa:!f•-' a try t vF-t�+rpcarr-�eE�c►�`'�....,_... ,sue • city oc IAVIME (tl u . 1 w o•ss�as• E lZaa.ee`r 300242 'y �? N t•M'22' E 3206.74• o D.R. 1097 f 557 MACARTHUR BOULEVARD (OLD) LA PARCEL 2 0 Q - Of 1.44.22' E 3206.79. N SEE RIGHT OF WAY MAP F! 191 -4 ---------------- t b � 40, !► y ..1 • EXHIBIT B- i ' • " sFF s1lEEr 2 .o uN1IMc ors:.T+u wh � / gyp. Q� / 1449 1•asl rr E :33.44 ! Tyra K s•lrzr c 21.72 n II 1 Ov TI12S M TrOa•Os• E 37.05 T1124 K 14•02.30• IF r4T.02 4. TWO K 23.3:•S>t• E I1.23 : !!t / ! Q This P 23.3�•Sa• E 12.58 ` �110` 1 • �' f T1130 M 41.3s•2r . Is+.if T1,31 11 ss•+s•15, 11 22.21 T11i3 w ar1Yl2• E Sa.3�f Tllaf 11 .r•3rzz• E 103.30 KT.S. r 3002A SWwETM•S aS a aEfEttt"CE TO TMCSE itnlaiTs. *E%t TO 11w STATE CF I/ 1 I• �'� n�tl,� b� �y0 .� CA0401E A. OEPARtWNT Of 74ANSlOI UT10V RIW MAP OF �&T r Q n \ M0. TA.73. SHEETS 125 TIMOtIUI 13a IMMUSIVE. Om ME AV TMZ o1STn1CT 12 IIEa000ARTEnS 01 CmT OF ■aT OW&ATMENT. / , / /•y y 1 ' lb JUA so- 1 / O' O� / • 'AL •��. / / 1 !A• �rRAcr N0. I2309 / 111215 ti•�V / , //% eq�e FEE � ca ��V *:7 / ,,fL •b " y 300086-22 �• a� �� s v •`' SLOC.Y 57 c Xv.; IRVINE'S S11981 YlS1QN % I PARCEL 63768-1 �e 'tit y / ? 0 O.A. 11091 / 1458 of //0-1�j nnnppp , lk av % P �. C' % e w �P /. /ee• .!• 'i'y f t• f 1 JWt do '► a' /%%p�y e. DATEW r i-�-K 3 JO• 4�E 1 NT USE AGREEMENT 3002--8 SET 3 OF 3 EXHIBIT C MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION, SITUATED PARTLY IN THE CITY OF NEWPORT BEACH AIM PARTLY IN THE CITY OF IRVINE, COU.= OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: JUA 3002-C A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH IS PARALLEL AIM CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE: COMMENCING AT THE ORANGE COUNTY HORIZONTAL CONTROL STATION "LC 12", HAVING A 1983 NORTH AMERICAN DATUM (NAD 83) WITH THE 1988 ORANGE COUNTY SURVEYOR'S G.P.S. ADJUSTME7T VALUE OF NORTH 2165291.634 AND EAST 6102015.565 AS SHOWN IN "RECOVERY NOTE G.P.S. STATION" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE NORTH 60°37'40" WEST, 35449.53 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTED TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF A LINE BEING DESCRIBED AS '"SOUTH I6.52'OS" EAST, 2030.40 FEET"; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16*06145" WEST, 51.73 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID EASEMENT THE FOLLOWING TWO COURSES: SOUTH 16`06'45" EAST, 51.73 FEET;- SOUTH 18'51'00" EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASURED AT RIGHT ANGLES, TO SAID WESTERLY LINE OF SAID PARCEL 63769, SAID WESTERLY LINE BEING DESCRIBED AS '"SOUTH 42'43 '22" WEST, 533.51 FEET"; THENCE SOUTHERLY ALONG SAID PARALLEL LINE THE FOLLOWING -FOUR (4) COURSES SOUTH 01'43 '32" WEST, 736.44 FEET; SOUTH 24020 '19" . WEST, 83 .56 FEET; ' SOUTH 01043 '32" WEST, 466.13 FEET; SOUTH 01.45'22" WEST, 264.84 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 016S2 ' 50" EAST, 304 .40 FEET; THENCE SOUTH 28.07110" WEST, 43.48 FEET; THENCE SOUTH 01°45122" WEST, 133 .44 FEET TO A POINT ON A LINE PARALLEL WITH JUM DISTANT EASTERLY 65.00 FEET, MEASURED AT RIGHT ANGLES, -TO THE WESTERLY LINE OF SAID PARCEL 63769. SAID LINE BEING DESCRIBED AS %SOUTH 14.47'10" WEST, 470.01 FEET" ; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 14'47120" WEST, 243 .83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS "SOUTH 44027'42" EAST, 231.22 FEET"; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 44`27132" EAST, 270.82 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, 100 FEET WIDE, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 1047, PAGE 557 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 44027'32" EAST, 105. 00 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 13°5S'54" EAST, 329.56 FEET TO THE POINT OF TERMINATION OF THIS EASEMENT, SAID POINT OF TERMINATION BEING ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1690.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 65026'06" WEST. THE EASTERLY SIDELINE OF THE HEREIPIABOVE DESCRIBED STRIP SHALL BE PROLONGED SO AS TO TERMINATE NORTHERLY ON THE EASTERLY LINE OF SAID MACARTHUR. BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE SHORTENED SO AS TO TERMINATE SOUTHERLY ON THE AFOREMENTIONED CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1690.00 FEET. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. ALL AS MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT "C-1" ATTACHED HERETO AND BY THIS' REVERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. DIVIDE THE GRID DISTANCES BY 0 .99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. PAUL L. BAKER L.S. 5878 DATE MY REGISTRATION EXPIRES 12/31/96 u�S . �.s.5o moo 1431ANSMV%3a02C.wn Novesbor i, 1129 a �+.� ' orE r OF CrL1� y+My r A wwZij ••^„�.^ h a� e�y■ �n L IA O � Ou VM � yli 6�• � 1�1{ tj 43. rn '•�.� ''3.37f 2s17►--.�. 9j3•S3f"' �: 5ii Rawrn � � 1.0►'0{OZ� N • , [Tl �' `- -- a . • � a --- •1 05 - 300242 O _,�. .—•- �?0e.rs• � "1 1 1 _,may — ._...ram_N..¢...l�¢7.J` ,M�16Q� ———.+....-——.-—r--�_"�►M I Z•�I�eA M' 4 js�_ fi 6.3e•14• N .D9' 11 120aS• .3!•01! w 108.06' u °1"�R .eR $ PARCEL 63770-I 0.1T. 1174 / 502 Mm RrAV? B ��„# � ROUTE 73 41 JIS ��1 v1 Ir 5.04 RE (,'N I I70,00 dui ;'�•,. �A Nrn1 A. a ►i N ,_,� A i�A � w a i+g rj?Aor No. 123 ►H.M� 5sa -a A tc 1 w � � t to t•�s•tT• t sal.re•, + a. st c + 40+3•:2• E ata,tT•r N t• s'TT• SI1t6 kzoe+al tta a �'o�reo}'o',�brt .Ito � tt. t•{s•TT' E 264.64• ,. ..,.....«.w N i•i3•aT• E 466.t7..._ ......... ..... `•+ "rl--•r-•-+ ..! Y........M..... I.M.Ii.. .I......r..r..r...lu....w.... ................... "R i n i� '`E'I�'G3:71��• ttt t'vF"uEeaCR't'l�E R7�'"'�'.,,,,. � t,it #' tRv1NE � u t K c•ss•as• c stac.lz�, ]CO2+2 `' 1' N ,•4.•T2• E 3206.tt• r,. ..........—...,...w.....—------ . +........w...�..,..........�........,.......,,...........w,...... h ' .. ............ a 0.*R- 1047 / 557 MACAR MUR BOULEVARD (OLD) PAmen 2 4 H t•tt*tt• E 3206.79. N SEE R 1 GH r OF WAY MAP F 1191 •-4 --------------- t 0 o .., h A t r . �► � Ca ft► f �f p W �f N r EXHIBIT C- 1 SEE SHEET 2 r r • • / ! it to ar TIN w 1•4S'rr E 133-44 / O4 T174 N 4-32•92- E 121-12 „r Mrs .11 TI•04'41• L if.os Trsx r1 Trot•scr s I.4T.o2 —'t • Ir 1 ! I] 11121 11 23.3rss• i OIL a? .t /!T • Q TIM w t 61,23 „ ! Ti12s „n-s.•ss- c Iz.ss •Ilo / � � t1+]! Ie O'Or'Qs' •E 3s-SO I A TiM 11 u•3r22• s4.3t h,!j TIIK Of tl•irit• E toL30 or @ A 3002A as s artrprct ro TKL[ [rwrorts. ietFdr To twc sr,�T1r or / 1« C► ,d°�' Ip A Cu1rOWIAA AEPASUCNI Or TROAWPORTATION s1WF or WAY Map1 ! Q rr �' 1 I-CL TR-Ts. SMttrS IIr TwwO�x� a 13{ Iwusll[. ON rIl[AT /b NE dISTRI[T 12 NtaDOuaarlAS ft W pf M/ COARTKNI. ! ! ' !• 1 , 300346 • Y 4t r t • I 01 40 M.M• 550 1 1-8 .o • ' ! hr� i r Xe, +�•�� /// - 'w T j 1ZS ow Aft PEE op 300086-22 : Ql��j�i / r: :. � '53,46 S.F' ak •� // % ley • � ���, i- ,d `wRw BLOCK 57 IRVINB'S SU50!VlS10N O� b �.�. 1 / as � o� PARCFL 63768-1 a yt'ty '%/2 ti �Q\ •ryo D.R. 11091 / 195a / r r•qp., OUV 6e I// � � �} �,1) b•jam,// ft M. SE£ SNEEr 4 * f i •r JOINT USE AGREEMENT 3002-C OATEr 11-5-96 SHEET 3 OF A SE£ SHEET 3 EXHIBIT C- i 'r' •., � / •. A • .� i + •, O�AO � � M E � (` ' , �� •� p� FEE J� ►�� Q • �Qj A l � s �Up1�+%E.Q� �4 a `� 14/•►(/A�s/'' 30069pi OJA JUA 00,7�4- s 1 9.4r 29. / �� ��� •c I ,'* i �,�zo�o';2•z�o`•�f� � S O � l r:,, l a e S \s, . M ` R/W a o �'t� / .ram ,,pdo �.P: /. _ .,ti' o! •y0fl , S� o �I�.I cl ZY If P p ly 30023i-2�,�i 1. 1� Ism y1 JI I Z NN NN de / o b // �' / • 300237-4 `;�. BLOCK 57 ►d /�• JRYIJIF s S1JBl7J Y18/DN 41; .1.60 5.F• mT.S. s ��,/•//`� b /. ,( Tsor N 13•Sf•s+• r eO.IS Y \I (r iRNO T300 r 13'38'sr r H.S.7 300237-3 3006 13" ■sros•13• w I&DO te 0.1 Ts10 it tries+• Is33.zI r d5+A1 ` 15I1 a sror n, r o.t+ tlri N rrSO.3+' • 13s.2+ PARCEL 63768-1 M4 N tr+s w, r M 30 O.R. 1/Q9/ 1 1458 Tut N 13•5+•1+• w lswu 71130 N 11.3912r r ISLIN 11I16S 11 41•3VIr E S0.34 um 11 41•3r2r it 003.30 %fMtym*S NOTE. cto"t w RADIVs 0MTA LDWtN tm AS A RFpEWCE TO t11Ese E><Nrein. perfm TO TIE STATE of CJ+ 200.o0 24r38*14' ei.00 4L" CAL1FOWS. MPAIRTWHI OF TRAMypOTATUN RIGHT OF FONT Ub =31 I610.00 i'SO.33' "1.e3 101.03 "0. TA-73. SW TS 121 T►r WON 13% IN1;1411rt. DN ME Al THE DISTRICT IZ HEA000ARS RIWT of wAT D�AArtKkT. C23f IH0.00 O'�S•32• I+I.N 70.fi TCR rICIS iZ00.001 ii�'00'IO'1 930T.3x1 ii�3.1Ri JQ I NT USE AGREEMENT 3002-C DATEi l i-s-96 SHEET 4 OF A i 1� City of Huntington Beach P.O. Box 190-2000 Main Street Huntington Beach, California 92648 HUNTINCTQN BEACH WWW.ci.huntington-beach.ca.us From the desk of. Connie Brockway, CMC City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 a�'V9 .ati: �•pl�rs ) PDtS — 7/0 J r � -/ mil' �r� Cf 4�.�� �� � ✓ �-- r DUPLICATE _ STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS,Govemor Po'! DEPARTMENT OF TRANSPORTATION SOUTHERN RIGHT OF WAY REGION - District 12 RIW Field Office 3337 Michelson Drive, Suite 380 Irvine, California 92612-8894 Phone: (949)724-2884b�! FAX (949)724-24111724-2622 REC'"s1VED C February 22, 2002 DEPT.OFi=tlilC4's4KS. ��5� MAR 0 5 2002 Mr. Michael ineke City o untington Beach WATER DIVISION 20 Main street HUNTINGTON BEACH,CA Huntington Beach, CA 92648- Subject: San Joaquin Hills Transportation Corridor ORA-73-23.5/24.3 - QC63769-01 Gentlemen: Contained, within paragraph no. 2 of that certain JOINT USE AGREEMENT between the City of Hunting Beach and the STATE OF CALIFORNIA recorded May 21, 1997 as Instrument No. 19970235629, is a commitment by the City to "surrender and quitclaim to the State all of the Owners' right, title and interest under and by virtue of the Owners' Easement in the old location within the Corridor Right of Way and not included in the New Location" . A copy of the recorded document is enclosed. No quitclaiming, pursuant to that commitment, has been accomplished as of this date. The City of Huntington Beach is respectfully requested to execute the QUITCLAIM DEED which accompanies this letter. . After it has been executed, please return the document to this office. A return addressed envelope is also enclosed for your use. After it has been recorded, a copy of the document will be forwarded for your files. If you have any questions regarding the matter, I can be reached at the address shown in the above letterhead or by telephone at 949-724-2556. Very truly yours, Roger Williams Right of Way Agent Enclosures Southern Right of Way Region District 07RIW Field Office District 08 R!W Field Office 21073 Patlifwder,Suite 100 120 South Spring Street 464 W.4-Street,12°`Floor Diamond Bar, CA 91765 Los Angeles,CA 90012-3606 San Bernardino, CA 92401-1400 Phone. M9)468-1500 Phone: (213)897-1861 Phone, (909)383-6211 Fax: (909)468-1501 Fax: (213)897-M Far: (909)383-6239 TDD: (800)735-2929 z � . r When recorded mail to The r.rate of California Depatnent of Transportation 3337 Michelson Dr., Ste. CN380 Irvine,Ca. 92612-0661 Attn:RN Titles and Escrows Space above this bne for Recorders Use QUITCLAIM DEED District coup Route Post Number 12 ORA 73 23.5-24.3 OC63769-01 City of Huntington Beach, a political subdivision of the State of California, does hereby release and quitclaim to the State of California all right, title, and interest In and to all that real property in the City of Irvine,County of Orange, State of California, described as: Being that portion of that certain Grant of Easement recorded September 24, 1964 in Book.7232, Pages 7111 Official Records in the Office of the County Recorder of Orange County, being that portion of Block 88 of Irvine's Subdivision, situated in the City of Irvine, County of Orange,'State of California as per the Map filed in Book 1, Page 88 of Miscellaneous Record Maps in the Office of the County Recorder of said County more particularly described as follows: Bounded on the northwest by the general westerly line of Parcel 63769 as described in that certain deed recorded in book 12289 page 1726 of official records and bounded on the south by the general westerly line of Parcel 300086-2 as described in that certain deed recorded as instrument no. 19960585938 of official records. All as shown on Exhibit B, attached hereto and by this reference made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. 'Wow LAND SGRG E. Fsr Scott E. Estep, PLS 7066 Date No.7068 . \OF CALt�CP� Form a.V 6-1(,)(Revised I M9) i Number , OC63769-01 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seat to be affuced hereto,this day of 20 .City of Huntington Beach, a political subdMsion of the State of California By Title: By Title: i 3 THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pumuant to Government Code Section 27281),hereby accepts for public purposes the real property described In the within deed and consents to the recordation thereof. IN WITNESS WHEREOF,I have hereunto set my hand this— day of_ .20_ Director of Transportation By Attorney In Fact i Form RW 6-1(J)(Revised 10199) SEE SHEET 2 CURVE N0. RADIUS DELTA LENGTH TAN C320 37.00• 25047'48" 16.66 8.4760 NO DIRECTION DIST. �' 3 T904 N 20046'38" E 9.67 Q T905 N 67°01'56" W 29.68 T906 N 35°20'54' W 162.15 U . N T907 N 10°59'19" W 24.00 4 d W'LY LINE OF PARCEL 300086-2 M^'� M �s' J llOTE: EASEMENT TO COSTA LIESA COUNTY WATER 6 CISTRICT AND THE CITY OF HUNTINGTON VEACH FOR WATERLINE PURPOSES. RECORDED 14 BOOK 7232. PAGE 711 O.R. J ! _ EASEMENT TO COSTA MESA COUNTY WATER a i DISTRICT AND THE CITY OF HUNTINGTON � BEACH FOR WATERLINE PURPOSES. RECORDED ti9 j IN BOOK 7232. PACE 711 O.R. TO BE /' / 19 J OUITCLAI%ED J' ! PARCEL 300086-2 PER /' V���Q? GRANT GEED RECORDED NOVEMER 20th. 1996. {. ~ CD J AS INSTRUMENT / `� NO. 19960585538 O.R. / / � l 0 e li 907 'es• ! a 01 boLn N 1 0 CD t3l LA v\ NOT TO SCALE • 2 EXHIBIT B / 6'o OUITCLAIM ASSOCIATED WITH BOOK 7232 PAGE 711 O.R. 12-ORA-73-23.6 to 24.2 / SHEET 1 OF 5 SHEETS OC300E-I.DCN i ; SEE SHEET 3 Rt� UR r r f ' 6 i .c R/W cc ci �yY t I I - 'N ■ �., O NOTE: �� EASEMENT TO COSTA MESA COUNTY � � �m ^ WATER DISTRICT AND THE C17Y OF V HUNTINGTON BEACH FOR WATERLINE ct PURPOSES. RECORDED IN BOOK 7232, PACE 7I1 O.R. i 1� EASEMENT TO COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF 1. HUNTINGTON BEACH FOR WATERLINE 300086-2 ±» Z PURPOSES. RECORDED IN BOOK 7232. PAGE 711 O.R.. TO BE OUI7CLA1ME0 !S Q 1 � PARCEL 300086-2 PER GRANT DEED RECORDED NOVEMBER 20th, 1996 AS INSTRUMENT �n NO. 19960585938 O.R. 6 NOT TO SCALE EXHIBIT "B" QUITCLAIM ASSOCIA3ED WITH BOOK 7232 PAGE 711 O.R. : _ 12-ORA-73-23.6 to 24.2 SEE SHEET � SHEET 2 OF 5 SHEETS -� SEE SHEET 4 NOTE: EASEMENT TO COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF © HUNTINCTON BEACH FOR WATERLINE f VJ i a PURPOSES. RECORDED IN BOOK 7232. Fir PAGE.711 O.R. i EASEMENT TO COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON BEACH FOR WATERLINE 1 PURPOSES. RECORDED IN BOOK 7232, ! PAGE 711 O.R., TO BE OUITCLAIVED v 6 I Yf PARCEL 300086-2 PER GRANT DEED RECORDED i 1i NOVEMBER 20th, 1996 i I AS INSTRUMENT 4- Ck-- f i;i NO. 19960585938 O.R. ! Pf o �' o � QL x n 0 oc . t 300086-2 / m NOT TO SCALE �1 EXHIBIT "B" QUITCLAIM ASSOCIATED WITH BOOK 7232 PAGE 711 O.R. I2-ORA-73-23.6 to 24.2 . 3 OF 5 SHEETS i r ' J. SEE SHEET 2 SHEET `• . SEE SHEET 5 0 d 0 b 4 • �t`yQ� L� o NOTE: EASEMENT TO COSTA MESA COUNTY WATER © DISTRICT AND THE CITY OF HUNTINGTON BEACH FOR WATERLINE PURPOSES, RECORDED 1N BOOK 7232, PAGE 711 Q.R. O, 0 EASEMENT TO COSTA MESA COUNTY WATER Fr DISTRICT AND THE CITY OF MUNTING70N O t/ BEACH FOR WATERLINE PURPOSES, RECORDED IN BOOK 7232, PAGE 711 O.R. TO BE d QUITCLAIMED Jam► � - J � V � C� F5 NOT 'TO SCALE EXHIBIT B QUITCLAIM ASSOCIATED WITH BOOK 7232 PAGE 711 O.R. ' 12-ORA-73-23.6 to 24.2 SEE SHEET 3 SHEET 4 OF S SHEETS Z �• I I • I r T ` I I I r I I 1 r . r6r NOTE: i ai EASEMENT TO COSTA MESA COUNTY WATER I 1 C1 DISTRICT E CHICFORNWATERLINIE PURPOSES IN RECORDED DED I 1 IN BOOK 7232. PAGE 711 O.R. I I J 1 I J EASEMENT TO COSTA MESA COUNTY WATER + fr DISTRICT AND THE CITY OF HUNTINGTON 1 BEACH FOR WATERLINE PURPOSES. RECORDED -�' IN BOOK 7232. PAGE 711 O.R. TO BE . r OUITCLAIMED I ch 1 . I ` m _ �o V4C Off -¢ 4 _ten, �Q V ' NOT TO SCALE EXHIBIT "B" QUITCLAIM ASSOCIATED WITH BOOK 7232 PAGE 711 O.R. 12-ORA-73-23.6 to 24.2 SEE SHEET 4 SHEET 5 OF 5 SHEETS 4r* State of California-Department of Transportation Office of Right of Way-District 12 3337 Michelson Drive,Suite 380 'Irvine, CA 92612-8894 Fill STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 3337 MICHELSON DR.SUITE 380 OFFICE OF RIGHT OF WAY IRVINE,CA 82612-8894 ' r PLEASE COMPLETE THIS INFORMATION t RECORDING REQUESTED BY: Recorded in the County of Orange. California AND WHEN RECORDED MAIL TO: Gary L. Granville, Clerk/Recorder No Fee 19970235629 i :93a� 0 /2i/91 Z S O� 005 12022478 12 25 C4 Al2 27 7.00 78.00 0.00 e.ee 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: � r •a�-a n THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional retarding tee applies) w 059-TITLS pat=(R7ro51 Recorded By and When Recorded Mail To: Space A Qve This Line For RR=rder's UseQnlx SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY JOINT USE AGREEMENT EMMPT-GOVERNMENT CODE SEL'T M M THIS JOINT USE AGREEMENT (this "Agreement"), entered into this �s�� day of 0"40 b e2. , 19_2�r _, by and between the MESA t s+o TV= DISTRICT, a county water District, and the CITY OF HUNTINGTON BEACH, a political subdivision of the State of California, hereinafter collectively referred to as the "Owners', and the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter called the "STATE" is as follows: WFi'NESSETH , WHEREAS, Owners are in possession of certain rights of way and easements, hereinafter referred to as "Owners' Easement" and described as follows: That Easement Deed granted to the Owners, dated August 7, 1964, as recorded with the Orange County Recorder's Office on September 24, 1964, in Book 7232, page 711, which Easement Deed is incorporated herein by this reference and correspondingly made a part hereof;* WHEREAS, Owners maintain certain f;icffides within the Owners' Easement as part of Owners' operations; and WHEREAS, the State has acquired certain lands for the purpose of constructing thereon a portion of the highway known as the San Joaquin Hills Transportation' Corridor (the "Corridor") in the vicinity of Bison and MacArthur, City of Irvine, County"of Orange, said lands are hereinafter referred to as the "Corridor Right of Way", which Corridor Right of Way is subject to Owners' Easement; and - I - • WHEREAS, Owners' facilities within the Owners' Easement in the Corridor Right-of- Way will interfere with or obstruct the construction, reconstruction, maintenance or use of the Corridor, and the State desires to arrange for the elimination such interference or obstruction; and WHEREAS, the Owners and the San Joaquin Hills Transportation Corridor Agency, a joint powers agency in'order to accomplish the mutual objective of eliminating the above- ! referenced conflict, have entered into that Agreement entitled "San Joaquin Hills Transportation Corridor Utility Agreement No. 3002" dated as of Aril 1995 (the "Pipeline Relocation Agreement"), which is incorporated herein by this reference. NOW, THEREFORE, OWNERS AND THE STATE HEREBY MUTUALLY AGREE AS FOLLOWS: 1. The location of Owners' Easement insofar as it now lies within the Corridor Right of Way shall be and is hereby changed to the strip of land within the Corridor Right of Way hereinafter referred to as "New Location", as described in.Exhibit "1", attached hereto and made a part hereof by this reference. 2. Owners' facilities now installed pursuant to Owners' Easement within the Corridor Right of Way have been, or will be, relocated and reconstructed on behalf of Owners to the New Location. The Owners will surrender and quitclaim to the State all of the Owners' right,'title and interest under and by virtue of the Owners' Easement'in the old location within the Corridor Right of Way and not included in the New Location: Owners hereby consent to the construction, reconstruction, maintenance and use by the State of the Corridor over, along and upon Owners' Easement both in the old location and in the New Location within the Corridor Right of Way, upon and subject to the terms and conditions herein contained. 3. The State acknowledges owners' title to Owners' Easement in the New Location and the priority of Owners' title over the title of the State therein until abandoned or extinguished by the Owners. The Owners have and reserve the right and easement to use, in common with the public's use of the Corridor, the New Location for all of the purposes for which Owners' Easement was acquired, without need for any further permit or permission from the State. Except in emergencies, Owners shall give'reasonable notice to the State before performing any work on Owners' facilities in the New Location where such work will be performed in, on or over the traveled way or improved shoulders of the Corridor or will obstruct traffic. In all cases, Owners shall make adequate provision for the protection of the traveling public. -4. In the event that the future use of said Corridor Right of Way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Owners' facilities then existing in said New Location, the State shall notify the Owners in writing of such necessity and agree to advance or reimburse the Owners, .as Owners and the State may agree, on demand for tht Owners' reasonable costs incurred in complying with such notice. - 2 - Prior to commencing relocation the Owners will provide the State with plans of such proposed rearrangement and an estimate of the costs thereof and, upon approval of such plans by the State, Owners will promptly proceed to effect such rearrangement, relocation, reconstruction or removal at such times as are agreed to by Owners and the State. No further permit or permission from the State for such rearrangement shall be required and the State will (1) enter into a Joint Use Agreement on the same'terms and conditions as are herein set forth covering any such subsequent relocation of Owners' facilities within said Corridor Right of Way, (2) provide executed document(s) granting to Owners good and sufficient easement outside of the Corridor Right of Way if necessary to replace Owners' easement or any part thereof, and (3) advance or reimburse-Owners, as may be agreed, for any costs which it may be required to expend to acquire such easement, provided that it is mutually agreed in writing that Owners shall acquire such easement. 5. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of Owners' Easement. Both the State and Owners shall use the New Location in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construtd as a release or waiver of any claim for compensation or damages which Owners or the State may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either the State or Owners in such a manner as to cause an unreasonable interference with the use of the New Location by the other party. 6. This Agreement shall inure to the benefit of and be binding upon the successors; assigns and transferees of all parties hereto. - 3 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their*respective officials thereunto duly authorize. STATE: OWNERS: RECOMMENDED FOR APPROVAL: MESA CONSOLIDATED„WATER DIMICT� v 'ty Revie er IIr F Title: Board President 'G. Mattocks, Chief MY OE HUNTINODN BEACH,'. Utilities Relocation Branch Right of Way and Asset Management Program f APPROVED AS TO FORM AND By: PROCEDURE: Titie': t Y ct ik Attorney, apartment of Transportation STATE: STATE OF CALIFORNIA . DEPARTMENT F TRANSPORTATION: ' Attorney in Fact Denny Shields, Program Manager • Right of Way and Asset Management - Joint Use Agreement Signature Page - STATE OF CALIFORNIA ) ss. COUNTY OF O ra.n ) Qn o?S- S before me Iv (here insert name and title of the officer), personally apikared s 0-)— , personally known to me ha si to be the personK whose name(#isla&subscribed to the within instrument and acknowledged to me that hell cy executed the same in hislhe� authorized c apacity6Q, and that by hWhed#weir signature(k) on the instrument tre person(o, or the entity upon behalf of which the person06 acted, executed the instrument. WITNESS my hand and official seal. Signature - x'� 'Xz'� (SEAL) - JANEr L MAYF ELD COMM C J'JN^/ p STATE OF CALIFORNIAce-•'"'. laoc `�..`:-:-AYl. _i . Y" • ) ss. COUNTY OF ) S On 17 / Q before me, � • (here insert name and title of the of cer), pers&aily appeared personally known tome basis WE Qui-s-fa-a- 4y viftre) to be th person(s] whose named mare subscribed to the within instrument and acknowledged to me that hcH,dthey executed the same in their authorized capacity ies , and that by hisfhe their signatureQ on the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) lrylYt3RiCE LJOHts50N �v IMS r� 0RAN CO�JMY I lip �,�}y�,r m,{wit .AY 11.1 P91 IA�Cr11R ll.11iM STATE OF CALIFORNIA ) ? ss. COUNTY OF 5_ a0-d- N L`170 ) before me, On �O �QF gS /1�rS O='�===-' r..:_._O'^ (here insert name and title of the officer), personally appeared SHIELDS , personally known to me ( e to be the person( whose named islasfe•subscribed to the within instrument and acknowledged to me that helsbe&hey executed the same in his s authorized capacity(ies), and that by hisl r signature(,A on the instrument the person(, or the entity upon behalf of which the person(p acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) Q DOWM �s io�is4W .r c Sa om EXHIBIT A MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION; SITUATED PARTLY IN THE CITY OF NEWPORT BEACH AND PARTLY IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: JUA 3002-A A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY .SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE: MN.2ENCING AT THE ORANGE COUNTY HORIZONTAL CONTROL STATION `LC 12"1 HAVING A 1983 NORTH AMERICAN DATUM (NAD 83) WITH THE' 1988 ORANGE COUNTY SURVEYOR'S G.P.S. ADJUSTMENT VALUE OF NORTH 2165291.634 AND EAST 6102015.565 AS SHOWN IN "RECOVERY NOTE G.P.S. STATION" ON FILE IN THE -OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY THENCE. NORTH 60037140" WEST, 35449.53 FEET TO -AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTFD. TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF. HUNTINGTON BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF A LINE BEING DESCRIBED AS '"SOUTH I6052'05" EAST, 2030.40 FEET"; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16.06145" WEST, 51.73 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID 'COUNTY; ' SAID POINT. BEING THE TRUE POINT OF. BEGINNING; ` THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID EASEMENT THE FOLLOWING TWO COURSES: SOUTH 16.06'45" EAST, 51.73 FEET; SOUTH 18*51100" EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH .AND DISTAITT EASTERLY 20.00 FEET, MEASURED AT RIGHT ANGLES, TO SAID WESTERLY LINE OF SAID PARCEL 63769y SAID WESTERLY LINE BEING DESCRIBED AS "SOUTU 01°43 '22" WEST, 933.5I FEET"; THENCE SOUTHERLY ALONG' SAID PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 01*431320 WEST, 736.44 FEET; SOUTH 24'20'19" WEST, 83.56 FEET; SOUTH 01043 '32" WEST, 466.13 FEET; SOUTH 01045 '22" WEST, 264.84 FEET; THE210E LEAVING SAID PARALLEL LINE SOUTH 01.52150" EAST, 304.40 FEET; THENCE SOUTH 28007110" WEST, 43 .48 FEET; THENCE SOUTH 01'45'22" WEST, 133.44 FEET TO A -POINT- -ON A LINE PARALLEL WITH AND DISTANT EASTERLY 65.00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS "SOUTH 24*47120" WEST, 470.01 FEET"; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 14"47'20" - WEST, 243 .83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTIYERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS "SOUTH 44.27'42" EAST, 232.22 FEET"; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 44.27132" EAST, 142.15 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, 100 FEET WIDE AS DESCRIBED IN A DOCU,%= RECORDED IN BOOK 1047, PAGE S57 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE EASTERLY SIDELINE -OF THE HEREINABOVE DESCRIBED STRIP SK.ALL BE PROLONGED SO AS TO TERMINATE NORTHERLY ON .THE WESTERLY LIM *OF SAID PARCEL 63769.- THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE t SHORTENED SO AS TO TERMINATE SOUTHERLY ON THE WESTERLY RIGHT OF WAY LINE OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO. CREATE A CONTINUOUS BOUNDARY. ALL AS MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT "A-1" ATTACHED HERETO AND BY'THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. DIVIDE THE GRID DISTANCES BY .0.99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. PAUL L. BAKER L.S. 5878 DATE MY REGISTRATION EXPIRES 12/31/96 LNa LS.5878 3fI00047Q4NMMV%7002A.VFD Noveaber 7. 199C �cF cAu� r _ LO •r u, 7/706 , w W Fi 31noa �� &ny1&te w I.- W W2 I+ N i1 US / 6LI1 •U.0 nano I-OLLF9 73�!!Yd � o Jo• N�N,p w o• $�xW .90*901 Z5`1[1 a1 •1r.s[.5 H/�M •1S.0 at t1 .lpI.00.9 N .Stator, 14 �.---•--- -�+�- ---•- a or i `�` j�e r 1�0701/� / 'Si`9orr 3 .rr.►,,� k~~`'������ .�•�,�.�•�'�'�.+•f.r M e O�P43 n08 Vr/ �•r•'• ~~� ��•`•�• o '1i'90t r t// 3 •2 �f�k�. H��y.JD'/Y . r•r•�• r���� 4�j Z .11 w •r• .ZS53 I ��` 9r•C//68t c 3 .z=•�� LL ssq,as• •�.��..�� r� •fir •�,_• •+ N ��� C7 K 1 20 5.30 40*i `• `� 0 `' i . �/ `'�-+ `ice ►►• �•�. `�^� cc at • . �. ._. V NnnQ �LL� wr�w� ri (a ►!. -rl a �o O N . . Sp� -n �rr`u CLC • N iisi .naiiw�j O!_ 1`� • TT ttVFV S�1� • �/y=� � � i F�r� FrFi4i�w�,L i San I M '0 w • /' 1r� Q� � h W 1611 x 3wr arto `.,6'/78 'dJ�'�Y r . �`d�Y '�d .�' `'�• "e1 fo �� r•pit 4oit`' 73��rd O 4"*9 �•i l9�.�['p 'rrr rrrrr ~•r•� � 0 QO.Ojr.•1rk •�•�� ��'rr�[r•y9► ~rrr,�rr �•`•`.�•�. ��1 } �,V fly[•OS0�184 • �'~trnt�r`r�•f`•+� �r�rrti��/ / ~'�' •�, '" . �. Ldat 4.1 X �� n OLSi•06Coal? N ` ` >. n ui CD uj 419 S SA log M v1 .—• 1 �wywm „ Y •/SIM • • . • • '• EXHIBIT Q- I SFE 5NEFT 2 444 • I J I to RICAAW 01ST WX q 1 30•. Q , t11 M trOT-ow t 43.4i T4if le 45•Zr S 133.44 - T4r1 M "u-sr t 123.72 rf I/1 1 / `OV • I Togs It T1.0r0s• i 3T.03 • /! 1 / T1116 Is 7.•02'3C • 14T.O2 tlltr w rs•34•St• Z /l: Vol7. w Z3-$4'3.• t TI.OT t 4T-23 /` ' / Q 1112. .23.34•s.• t 12.4a ` •1� 1 • I Trrld It•I.39•rr- 0 431.64 11-I / 4 TI13r M sS•IS'1!• R u-71 T117s tr O'aT•0.' • 3E.50 T114S I1 .I.3rir t Sa.36 / / 1 1." 3002A is+OR's IOTcKT 6 Tl+Est [111191TS. IIESUI T � b0. WA G cutrols.tti o[r.Rraa:+.r ao TtI..eSraRTarlo4l1 t1rt re;Ilr as •.r�.• fro IiO. TR-T3. SKE(TS 128 T•ROUOt 136 40I[Lt1S1W. a ME At / / /• ",� TKi 01STAICT 12 WEA00UXINIUM OIWT OF *AT 6E►a11TLWXT. 3003A 01 00 Or i i : / / / A•. . ILr/ �'=•�J� �Q ►' / . r �:�,o; , \\: � .sue� P b e MALT NOr I Z?DS �4v / / I 1�•\ J' r' � a r ft e _ °y / j h$ •� 4 i��1'. FEE o 300086-22 x 4 or �' •� _v\\� 10� �� a�•`'h P BLOCK 57 IRVINc`S SU9171 YISION PARCEL 63765-1 .4�•A, rf�.4 O.R. IID91 ! 1458 .\ter \ n �0� be•�i/ 30028JUA • �, 4i Gp �'i eti b b .� Pw JUA JOINT USE AGREEMENT 3002-A oATE+ i i-s-96 SHEET 3 OF 3 EXHIBIT B MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT. PORTION OF.BLOCK 57 OF IRVINEIS SUBDIVISIO-N, SITUATED PARTLY ' IN THE CITY OF NEWPORT BEACH AND PARTLY IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOO{ 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS ITT THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: JUA 3002-B ' I} A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY AND NORTf=Y SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE: e COMMENCING AT THE ORANGE COUNTY HORIZONTAL CONTROL STATION "LC 12", HAVING A 1983 NORTH AMERICAN DATUM (NAD S3) WITH THE 1988 ORANGE COUNTY SURVEYOR'S G.P.S. AD]USTMENT VALUE OF NORTH 2165291.634 AND i EAST 6102015.56E AS SHOWN.IN "RECOVERY NOTE G.P.S. STATION" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COU1=; t THENCE NORTH 60"37'40" WEST, '35449.53 FEET TO AN ANGLE POINT ON THEE WESTERLY LnTE OF AN EASEMENT GRANTED TO THE 'COSTA MESA COUNTY WATER f DISTRICT AND THE CITY OF HUNTINGTON BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUT'HERLY TERMINUS OF A LINE BEING DESCRIBED AS '"SOUTH 16.52105" EST, 2030.40 FEET"; i THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16006145" WEST, 51.73 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769 AS ; DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN THE 6FFICE OF THE COUNTY PRCORDER OF SAID COUNTY; "HENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID EASEMENT •FOLLOWING TWO COURSES .:OUTH 16006145" EAST, 51.73 FEET; SOUTH 18051'00" EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, .MEASURED AT RIGHT ANGLES, TO SAID WESTERLY LINE OF SAID PARCEL 63769, . SAID . WESTERLY LINE BEING DESCRIBED AS '"SOUTH 01*43122" WEST, '933.52 F£ET"; THENCE SOUTHERLY ALONG SAID PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 01*43132" WEST, 736.44 FEET; SOUTH 24020119" WEST, 83 .56 FEET; _. SOUTH 01043132" WEST, 466.13 FEET; SOUTH 01*45122" WEST, 264.84 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 01.52'5 0" EAST, 304.40 FEET; THENCE SOUTH 28.07'10" WEST, 43.48 FEET; THENCE SOUTH 01.45 '22" WEST, . 133.44 FEET TO A POINT ON A LINE PARALLEL WITH -AND DISTANT EASTERLY 65:00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS "SOUTH 24 047'10" WEST, 470.02 FEET"; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 14'47'20" WEST, 243 .83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY - 62.50 FEET, MEASURED AT .RIGHT ANGLES, TO • THE SOUTHERLY LINE OF SAID PARCEL 63769, SAID LINE BEING' DESCRIBED AS "SOUTH 44027'42" EAST, 231.22 FEET"; THENCE SOi77MASTERLY ALONG SAID PARALLEL LINE SOUTH 44.27132" EAST, 142 .15 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, 100 FEET WIDE AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 1047, PAGE 557 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 440271320 EAST, 128.67 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP 'SHALL BE PROLONGED SO AS TO TERMINATE NORTHERLY ON'THE WESTERLY LINE OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE SHORTENED SO AS TO TERMINATE SOUTHERLY ON THE EASTERLY RIGHT OF WAY LINE OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED; SHORTENED AND INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. ALL AS MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT "B-1" ATTACHED HERETO AND BY THIS REFER_"NCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM OF 1983, -ZONE 6. DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, •OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. PAUL L. BAKER L.S. 5878 "DATE MY REGISTRATION EXPIRES 12/31/96ND� JuQQQd?Qdx=v\?QQIS.YFp ,ltwe.Der 7, slidEXP.; /z ' 6 i j ' 4 . I i Att pp n •• • i20'�pN �QNR �r i tr�rr�l.a SL�ptj�a n • ►M61yn• I. �••• fi�naiN •rNM� y • � ..Oh� - iyr iiT•y OA�u � rr, � n-is� Q A A . rr g i OuuN �.�• �SSpy fpp7�f�� • ♦ fff �•w _ S r� `►��• 1f��;t. 2Q o •�•~• �� /?�g4/17'? �� �"• �• S9Sti� ' .9•w m r s z fry �� •�-r+�• Af4C.4R1' �� 1.4��2 t �' r ~•~•1 ai N `"•-� jai f. � l 3e024,1 — _.r. f�'O�J.`i7 ZX i6�� ._ ��...�....r..+.ww r�r......._•fir M�2•�Ir OR • • •+ fl 6•3eZ'14• * ....�..q�� ►� ./+c+. ., N t 2'21'24' 3 .04 M 12.43•S� N" H 9 ]9 41 tt O.R. 1174 / 502 ch m ��. R 'yU'4 Bp ' ROUTE 73 00 •.r • • r" yri1S MM b N"S~ �M.o L IA C w gA IL O 3 rn n •%A Zoe 90 rn "go rn VIP .4110E-� .• N t �3.J=• [ 1 gyp.i=. GQ ""•'�•• ...� O`J�. 6�y69 .�� ,r•••+f.L•{ , f �>p.t=, !i ,__ .•... •r "�g� +�+�+l2gwq+j�'�d`�'�' ;•3 Z� ^qsi� �• E 60/IOsp,36F3 �4r SOL co $E o �•�i'. �0• r*tc;fs�1s• t ?oa r�'REt ,�F ` �``^�► pF p�ROF�a �o6.',s• S opZ< c t r ,' „f •�,, ��Y SAP F�/ A 2 �d,4T,yUR B [/FVA 9/ `4 to Sys � r �-.•� Q1 ' G ` MMw FFi. M+����• EXHIBIT B- I SFF SHEET 2 1a1 stEA1MG olsrwrcr T11 M 2rOT•10• F. +3.45 =: , lass 1l 1'as•22• E 133.aa TaT4 M 6.32.27' [ 1r1.TI •'•• f �� if123 M 71.0819S" [ 3r.03 711=s M 74102.30• • 147.02 a.s• 7:37 K 234•3q• t SILO? = 1!y tll24 m 2s•3a•ST• Q lf.23 •�1! �Q T11;f of 23'34•sa• f. 12.82 p 7i13O M 41.31.2Z• r 1St.si ts1sf r ss•1s•1s• sL11 11139 to o•or•oe• v 36.30 Iif*6 M ii'3trtr L 103.30 •! !n ! , y`' h • - / fti- � 1 O try • illy 1I � -� aV - J 1' W��4� SLV"rdrs norri .tux 0 CaLl AS• RtrtmcKc To TN[SL [rwrelM A(Tt1t to TK tTATE or i w��l oc.utc�cNt of aa.nih l"JL%t<K lktW aF :►: .w km Ta;T3. SMC£TS 12L 1NrOUCJr 13. 1mKtUSltf. ON slLf AT ! J t• ��� 1 Tw 0 To Cr 12 kCA*O AAT[R$AIGi Of vaT WAAtwmt. 30031 *,VA J / � � o• 6 f s,�Y 1 J • !` 701 � 1 rRACr NU. 123G9 49V 1 e 00 ow at We a /•4b 3 '"- �, Lid• �'�' / / h 1I.J ; q " 30D085-Z2 z ti !� a z � s a 4 q' r s \• .\ / p • . 'bib /1.• `d r s�, 30 • a� 4 Q` w O^ IRYJN�'S�SUSOJ 4 J � ' /,3;� PARCEL 63768-1 •he T�tYy Q / / •"'• 4 n,R. l to91 r 195a gee �Jp 0 . ���• lop s 30028 w e �\ pA 30038JUA • DAEE1 � �-�-9� Jn 1 NT USE AGREEMENT 30G2--B • SHEET 3 OF 3 MMIBIT C MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IRVIITE'S SUBDIVISION,, 'SITUATED PARTLY IN THE CITY OF NEWPORT BEACH AND PARTLY IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: JUA 3002-C A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY ARID NORTHERLY SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE: COKVMCING AT THE ORANGE COUNTY HORIZONTAL CONTROL STATION '"LC 12 HAVING A 1983 NORTH AMERICAN DATUM, (NAD 83) WITH THE 1988 ORANGE COUNTY SURVEYOR'S G.P.S. AD3USTl%M T VALUE OF NORTH 2165291.634 AND EAST 61020IS-565 AS SHOWN IN "RECOVERY NOTE, G.P.S. STATION" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; . .. THENCE NORTH 60*37140" WEST, 35449.53 FEET TO AN ANGLE POINT ON T� WESTERLY LINE OF AN EASEMENT GRANTED TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF RMINGTON BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COU=, SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF A LINE BEING DESCRIBED AS "SOUTH I6052105" EAST, 2030.40 FEET"; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16006145" WEST, 51.73 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; - THENCE SOUTHERLY ALONG SAID WESTERLY LINE. OF SAID EASEMENT THE FOLLOWING TWO COURSES: COUTH 16.06145" EAST, 51.73 FEET,- `SOUTH 18°51100R EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASQRED AT RIGHT ANGLES, TO SAID WSSTERLY LINE OF SAID PARCEL 63769, SAID WESTERLY LINE BEING DESCRIBED AS "SOUTH 01043122" WEST, 933.51 FEET'; THENCE SOUTHERLY ALONG SAID PAR.AT•LF-L' LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 01.43132" WEST, 736.44 FEET; - SCUM 24"20'19" .WEST, 83.56 FEET; _. i SOUTH 01°43132" WEST, 466.13 FEET; SOUTH 01'45'22• WEST, 264.84 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 01.52'50" EAST, 304.40 FEET; THENCE SOUTH 28.07'10' WEST, 43.48 FEET; THENCE SOUTH 01.45122" .WEST, 133 .44 FEET TO -A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 65.00 FEET, MEASURED AT RIGHT ANGLES, 'TO THE WESTERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS '"SOUTH 14047'10" WEST, 470.01 FEET" ; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 14`47'20" WEST, 243 .83 FEET TO A POINT ON A LINE PARALLEL WITH , AND DISTANT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS "SOUTH 44.27142" EAST, 231.21 FEET"; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 44.27'32" EAST, 270 .82 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, 100 FEET WIDE, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 1047, PAGE 557 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUIN3 ALONG SAID PARALLEL LINE SOUTH 44.27'32" EAST, 105.00 FEET; THENCE LEAVING SAID PARALLEL LINE. SOUTH 13 058 '54" EMT, • 329.56 FEET TO THE POINT OF TERMINATION - OF THIS EASEMENT, SAID POINT OF TERMINATION BEING ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1690.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 65.261060 WEST. THE EASTERLY SIDELINE OF THE HEREINMEOVE DESCRIBED STRIP SHALL BE PROLONGED SO AS TO TERMINATE NORTHERLY ON THE EASTERLY LINE OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE SHORTENED SO AS TO TERMINATE SOUTHRLY ON THE AFOREMENTIONED CURVE CONCAVE SOUTHEASTERLY RAVING A RADIUS OF 1690.00 FEET. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. ALL ' AS MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT "C-1" ATTACHED HERETO AND BY THIS'REVEREICE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDnMTE SYSTEM OF 1983, ZONE 6. DIVIDE THE GRID s DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMAWCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. PAUL L BAKER L.S. 5878 DATE -- MY REGISTRATION .EXPIRES 12/31/96 Sn LJIHn�� cy; .� tics + �e1 ti 2 �+ L.S.5M xoostssx�s3x3nsaaic.xQa po" b.r c, sisc y r XPO 10, yam; O U�%is" r•�•yy 07Q~* QA g�aa _ xMTio� U� t AM � fr•N R„ ~•�•�.�, _ ~~'•�ti.�'rr.ti• Y "�O to �' ���• "�`� ~'~ �. o ��" .: -.� R/yy w€R 1,o�•oto9� N rn pp 4A At 1n . $ of +S ~'��•!~��•'...1�,r•r•� •r• �� 'NAC,dRr�yUR~Gout£v.4..�P� ! �10s.9C•� �r�•�'~ —! IV �,r•r•� �`��� R�/ �" 6•Tg• /•+� •�•••.�w...,... w ti.w r w r... ' ' �Q .r•,.••4•r r w.a w rr w_ r_•.r_+• —....�.!._..ter..,_.......^�..�-•-�-� • M 6.3e'14' x .O9• _ 11 f2'S1'Z4• 561.3!' N 1{jl 92 N/�K 9106•06% a 4/ pN PARCEL 63770-1 0.R. /174 / $02 �n t� dlgC RTM ab r�►�i r �•� �`�'U,4 r,tee ROUTE 73 A +..`•r' 1165•DO .4( /ChFO 11T0•oo 1-7 00 1 p Li f— Li 1 o • �•9DiC 3 . - ►� - � x ~��-•� & b'D'jy Vb cqll ?kr+►al00 +e„LrtpaC �.,tt•9Dtc '�r <ss 7,iil, s/ yQ •�1f7��f ,�s •s'aoic ?�,'ot �'0, i •``'�'_ t.�.y•o •�35. U w i •61 j. V, �� wyrr •�.r•r• N Va•or!`oldN •`•�.•'yj~ r ,r1. �'r.�'r�. r•r•r.�, �``�+`.� }.., ry! f�s�•DSOftD4 • �j1'r�� r�.rr•�� r`�rr'�9 opt •... ,�,r• ~�. 0. Qa tl•pjy .xr.t,.f ,� `'• `�•�� 9 73� `" � ��` �•�•�• W �y •' N •fir �� � �� •� Ww . $ otst•osxfafj 3 •ji.ty,! F��� `'i!•its 3� 'jt•s► f� •�"'"•��''`'�= « r •i N ! rl rr •7i7 i�Q j �n •r 4A •���� t x �~+rp EXHIBIT 0— I SEE S K£Er Z I Tff 1420,e71fo• c •s.ra h• —1. , Tatf If I-OS•27• [ 131.44 •h / 1 / Ov 1410 N 6-32.2T c I21.7z tilts •K TI'WOs• c ZT.as To I" K Tece 1O• IF I41.1" -•? ' / 1 1:34 M 2�S•S�'9P E IT j ttrii3�o IN:+ass x!' fs ILfss sS ` r/0 1 r tt13T M •Is•1s' 1r 17.7r ♦ + / a T1lN " e•3rrr 9 // /� 1 ♦�� M.T.S. 3002A w j w� \ AS A wEftwpd(l TO TKSt h`MlrsiTi. IKT14 10 Tt[ ST,ItE of ! !•q V o a° b A EKrraa.1., crrAAr>clrr Or Tl...e'cw:.l log.rc�fr or ■AV Y.. n. , ►rA Tw•r3, SHEETS 17t rHKt1r r •si 1idadAi E• On IllE AT • = rh - T E VISTAIGT 11 ftAaotwrlt2S RrprT OF ur WspTLE+R. / / ' / • I •,9�'•a. 3003+► qPJA 40 So 00 / .j .01 ps .,z� 00 ' �'•l / , 1� 1.J/A r opr w�I / 11 �•�o I!!.M. 55I3 / !-& �^moo � , . deQ. �P IKE !^tib �` q 300086-22 ar ti i; ~ V •�S� 4 • 2 i Ar r si ,r 'So�• • c� . A. .`'AA BLOCK 57 ''•: S• \. u �� .; JRYlNI"S SUBDlYISION 4 : ' Af.e1. 1 ♦ as '',''e 1 PARCF.1. 63769.1 T30028 Ile \\ ' JOWL 4r lb fo 30035 JuA SEE SHEEr 4 : / 5-96 JOINT USE AGREEMENT 3002-0 aaE rr-3 OF F ISREET4 4 ( . SEESNEEI s EXHIBIT C- 1 ' ' � / �!� `�` S.P. • - �-' FEE ♦• f oti c �1� � � !� Q- • ,, $ L b.- } o �� �'i pis• 3000$6-2 J� �•� 3003G .r �'i'��i� �3d ram,t+• �!A ��' ' GjY w � �• r `Zlz�� . Am 41 � (� (� 6• ` `f• ; ^re •♦ � �.b+ i.Via. ;All ep �,;��o z�• ,.3 b�. t4 f• R/w a w /• ob La zz 00 tS 300237-2 td /f !• Iva: EsWr e I., �o to"1 d-ff- 0-1 ol �.�lbj may/4//��► i/�/ // o .41 F,1/�b ///��e9� T.G.E. •'Q� 4 300237-� a*: JRYIhfF S SU fS1DN //'� /�`1' �2b t1t50 S.i• �.�. 1 SB I.T.S. / /�.� log �IMC •alsrucc /• T34T' 11 13•st•54' ■ t°.Is TSot a tru,%4- ■ 6LS3 1" 0 67•03.13• ■ MCC 30023T-3 3006 r TSIO 11 trst•sP ■ 33.21 f ES1+z • 7511 M W03.13• IFC•24 Tl1x M tr�t•s4• . tx=. ' PARCrj 63769-1 TS14 14 24'46•0V * as.3t [3.R. 1JO91 / f958 Tsi1 x Irst•94• ■ ISL42 • T1130 M te•=1•ir ■ gl.ii • T110 M 41.3rtr E Si3i 1s1bt t1 01.3!'Y2' E 103.30 SLRVCTa11•S NOYC• txt1K om RaoItis omu LDIM TAM AS • 11EFE'WCZ TO T11ESt t>;111111TS. REFER TO TW STAic OF 04 Moo 24r3t•14' K00 43.ti T: WoR". OmATUENT or TRawip011Ta lom Mon Qr way WAP � INC.00 IrWi' 209.01 501.03 wo. Tw-r3. s►ttTs lit T1MktixH 13t I"UtS1YE. of Nc AT TuE o1STECT 1i l�apoclae s R1CKT GF WIT WAAU&Wl. Rcls e2oo.001 1ts'oa•40,•1 tsaT.ztJ In3.lu JO 1 NT USE AGREEMENT 3002-C DATEI t 1-5-96 SHEET 4 OF 4 t^. ,Q� a•,�t L J � moo. rtacarcea in the county Cf Orange. California RECORDING REQUESTED BY tsar L. iiranvIlle Cierk/Reooreser AND WHEN RECORDED MAIL'TO: i c Na ��� Mesa Consolidated Wamr District . s > ' 9306443 a' 5pm 0619/96 460 9011tT� •a 27 1965 Placentia Avenue Eel Al2 14 55 0.90 14.00 0.99 09.00 0.00 4.09 Costa Mesa, CA 92628-5,303 0.00 6.00 0.02 0.00 0.40 Ann: General Manager EASEMENT DE91)ANQ AG EER -MM Exrmm* -Gavemrncat Cade Sectiaa 6103 FOR VALUABLE CONSIDERATION,receipt of which Is hereby acknowledged.THE IRVINE COMPANY,a Michigan corporation('Grantor'), hereby grants and conveys to the MESA CONSOLIDATED WATER DISTRICT, a County Water District,and the CrrY OF HlJNITINOTO.' t•q BEACH, a maricipal corporation(collectively'Grantee ), a perpetual easeamnt and tight of way(the' • `Emmert`) to Install,construct, reconstruct,remove and rtplaoe.inspect,maintain, repair.improve and d relocate a pipeline or pipelines with h wldeatal appurtenances and Connections In,on and under that certain Cr lard situated In the County of Orange, State of Califomli,which is more particularly described In Exhibit 01 'A' sttsthed hereto and Inwrporated herein by this ttfasnce and depicted on Exhibit'B' attached hereto I and incorporated herein by this reference (the'Easemeu Area), and to install,Construct, reconstruct. inspect. maintain,repair. replace, improve, and relocate litres parallel to said pipeline or pipelines,and to construct strurdtrts for the transmission tid receipt of water for the purpose of transporting water, Including but not limited to manholes. treasuring devices. a:r-valves,blow-offs.stations,standpipe and service eonn=tion stntet=appurtenant to ta!d line or liees for weer transmission, (which pipelines. sttvzxurea and other Improvements are hereinafter sometimes collectively referred to as the 'Facilities') which structures may eztead below the surface of the Euemeui Area and shall lie in.under aid over. and &=ss the Easement Area; provided that the construction and installation of Facilities on the portion or the Easement Ana located in the Right of Way(as deftred below) shall be subject to the provisions of Paragraph A below. THE EASEMENT GRANTED HEREUNDER is subject to any and all existing tw"r mnts,covenants,conditions.restrictions.taervsctoas. sights and rights of way of tetoTd or of which the Gnartee has usual notice in. under,over, along and across the Easement Area. THE EASEMENT GRANTED HEREUNDER ladudes the right to enter upon and to pus and repass over Ltd along the Easement Area and to deposit tools,implements and other materials thereon by Grantee and Its agents.officers sad employees,and by persons antler contract to construct the Facilitiei. and their employees, wherever and wherever necessary for the purpose of laying constructing, tncansuucting,r=ewing, tospccting, maintaining.repairing,enlarging, using a.-td operating the Facilities. GRANTOR hereby reserves for itself and its suocessors and assigns, the right to use the surface of the lard within the Easea:eat Area to the extent compatible with the fait azd free exercise of sad Easement and tights of way and the protection of the Facilities. Including,but not limited to,the right to construct upon and utilize the Easement Area for private and public roads. streets acid highways. including sidewalks,to dls,landscaping.sigrallsation and ether incideatal improvetrxnts and far landscaping and Iandsatping irrlgr.lon systems provided,however,that: Mai i alx"06 r)U?.r t. (a) No buildings or s=cmres of any ldnd snail be placed, erected or m2intained ' thereon; (b) If the Ease=ut Area is used for orchard purposes.Grantor, its successors or assigns, shall locate the tree or trey in said orchard so as to trot interfere with or damage joy Facilities within said Easement Area, nerd In addition shall remove any tree or trtes enrich Intc:*rc with or damage or endanger any Facilities within said Basement Area; . {e) Except with teapect to the Bison Avenue itrpmventeau(as defined and which will be governed by Paragraph A below),no streets,alleys or roadways shall be constructed upon,over or along said eascmcnts and rigbta of way to a grade Icss thin tour feet above the top of any pipe or pipes located within the Easement; no foil shall be placed or maintained over the surface of the grotmd as It shall exist within the Easement upon the completion of the Facilities greater than ter,feet to depth; (d) At any tlrnc during which Grantor is maintaining fcncinag across the F.asernezt Area, Grantee shall have the right to hiu&11 gates in said fencing for the purpose of permitting convenient access to the Easement Arta affected by said fencing. Any fencing which is hereafter constructed over, on or across the Easement Area by Grantor,shall have gates installed by said Grantor so as to provide Grantee with reasonable guess to the portion of the Easement Area to affected. Any Sees which are installed by Grantee on said portion of the Easerrset Area shall be locked with Grantee's lochs,and also, if the Grantor so de-sires,tray be locked with the Grantor's locks.its such a manner that either can lock or unlock the gates; any gates atiicb arc installed and locked by the Grantor and used by the Grantee shall bt lacked also by the Grmwe's locks to that tith:r can lock or unlock the fain; (e) Except with respect to the Bison Avenue improvements,which 41a be govemed by the provisions of Paragraph A below.the Granlec shall have free access ever and along said Easement to its Facilities and all pottiens thereof for the purpose of exercising the rights herein granted;provided.however. that in making any excavation on any put of the[casement Area. tht Granite thatI emcee such excavations to be made is suet a tttanoer as will result In the]cat trjury to the surface of the earth around such excavation and shall restore the surface of the Easement Area to the condition as It existed prior to such excavation insofar as possible; All of tine foregoing rights so excepted a A reserved onto the Grantor.its suaeesson and assigns. In and to The Eu meat Ares. are acceyted and reserved upon the following conditions and cubje:t to the following limitations,to-wit: A. Gnmot tend Grantee expressly admwledge that a public street.road or highway('Base!=Avenue)is planned to be coastrttcted upon portions of the Easement Are:substantially is the location shown on Exhibit T' attached hereto and incorporated herein by this reference(the 'Right of Way'). Grantee has reviewed the preliminary grad:gg and elevation plans for the Right of Way which are referestced in Exhibit' ' attached hemto and Incorporared herein by this refermce(the "Preliminary Bison Avenue Plans')and has determined that the Bison Av=ue Improveutents shown to the Preliminary aKws t:t r runt 2 Bison Avenue Plans are eompadble wirb the Facilities. Grange stall have the right to review and approve the fin:!iLTrovement pia=s for Bison Avenue, which approval*111 not be unressactably withheld or delayed(as so zppmved,the 'Bison Avenue Plans'). The Bison Avenue improvements may include side%ralks,trails,signalization.landscaping and other Incldeutal improvements,provided thu any such improveracats which are not Included in the Bison Avenue Plans shall be subject to the prior written approval of Grantee, which will not be uttmmnihly withheld or delayed. Grantee hereby consents m the construction.recciumuction,ttuinteaance and use of Bison Avenue within the Easement Area In accordance with the Bison Ateeue Plant. Notwithstanding the foregoing,Grantor shall be entitled to make resscnahle modifications to the Bison Avenue Plans, provided Grantor provides Grantee with real noble notice as to any such modifications cad the opportunlry to corm-anent thereon and such modifications shall act unremonably impact the Facilities. Upon the exrnution of Bison Avenue,the following xMitional terms and conditions shall apply wM respea to that portion of the J sem= locsted within the Right of Way: (i) Grantee shall have the right to use the F-mment for all of the purposes permitted under this Easement in common with the public's use of Bison Avenue. (ii) to the event that Gran:ee's we of its Easement requires Gtaatee to truer upon and/or disturb the mrface of the Emmert Area within the Right of Way after 8imm Avenue has been eat:structed, such ectry shall be permitted (after flr&t obta nbS a permit from the City as provided below except is the event of an emergency)provided that Grantee makes adequate provision for the protection of the safety of the traveling public. Grantee shall also conduct its activities in the Right-of-Way to as to avoid uaracessary disruption of traffic, subject to the recognition that some disruption of traffic tray occur. Except in the even of emergencies. prior to any such entry upon the Right of Way,Grantee shall spply for and obtain it permit for rich entry in accordance with City vx4a:d permit procedures. City&bell rat charge a fee for the issuance of Grantee's pertnit or the right to enter upon the Right of Way to exercise Grantee's rights under the EasemrEt and City's i_utrance of the permit&hull not be unreasonably withheld or delayed so long as Grantee has reasonably demonstre:ed to City that it will snake adequate prrn'ision for the protection of the safety of the traveling public on the Right of Way. Grantee shall also conduct its activities in the Right of Way so as to avoid unnecessary disruption of traffic,subject to the recognition that some disruption of traffic may oeatr. The City Pearl:shall also not unreasonably restrict the ability of Grantee to take action(:)or conduct =l lees otherwise permitted under this Easement. (ill) 1a granting,providing or dedicrting any portion of the Eawment Area to the City of trvine(the "City')the Grantor&hall specifically provide that ouch grant,provision or dedicuroa is specifically subject to the Mvisioas of this Easement and that this Easement shall,for all purposes be considered prior In time to such grant,provision or dedicadan. Such priority shall specifically inciacl_that the City may not require=difiicafm or relocation of the Facilities oases than at its sole cost and etpensc. (iv) in the event that Grarsee's use of its Easement requires Grantee to cater upon and/or disturb the surface of the Enemeu Area within the Right of Way cu an emergency basis.no perm:K shall be required, but Grantee shall make adequate provlslon for the protmdon of the safely of the traveling public and dull use good falth efforts to promptly notify City of any such emergency==tics within the Right of Way. Gran= slur!also conduct its activities In the Right of Way In tha event of an emergency to u to avoid unnecessary disnrprion of traffic,to the extent that It is possible or practical to do to under the 3 . drv'uunu,stances. B. Grantee. its sucemors and aas.gas, shall not tha.^.ge or niter the natural =I=drainage of any unimproved poniou a°the Easement Area=d upon the completion of any work of eomnxtion.maintenance or repair. In and along the Easement Area, Grantee shall(1)cause all excavations Wrein to be filled.Chi)cause any pavement vdibin the Right of Way or any other street or madwxy improvements to be restored tad (iii)cause any other natural surface to be restored AD to substantially the condition existing prior to the commentceumeat of such work. The foregoing restoration obligations of Grawee shall inJude the obligation to cause toil compaction to be restored to the initial specifications required for the Roadway Improvements,the asphalt to be replaced to the sa•nc depth and structural Integrity and tke surface of the pavtm=t to be restored to a flat and level condition. Grantee agrees to indemnify Orantor agsiast and to bold Grantor harmless from any loss of or damage to any property,or injury or death of any person whomsoever, proximately caused In whole or in past by any negligence of Grantee or its employees or agents,or by any a.-t or omission for which Grantee or its employees or agents.or by any act or omission for which Grantee or its en. loyeea or agents arc liable a•itbout fault, in the exercise of the rights bemla gra cd; save and except in those instances where such loss or datna3e or Nury ar death is proximately caused in wbolt or in part by any laegligtoce of Grantor or its employees or agents, or by any act or amisdon for which Grantor or its employees or agents are liable without fault. The following relocation provisions&hall not apply to the Right of Way after Bison Avenue has been eottstru-ted. Relocation of the Facilities within the Right of Way j&xr the constractim of Bison Avenue sh all be carttrolled by applicable laws. Subject to the foregoing exclusion, U Grantor in its good filth judgment determines that the Facilities intede.a with tM developm,ent of the Easement Area by Grantor,then Granter may roqueat the relocation of the Facilities,or a portion thereof, subject to the following teams and conditions: (i) Gramor shall notify Grantee. In writing.of the Facilities,or pordort thereof, of which Grantor rnquera relocation(a •Relocation notice'). (H) Following transtalttal and receipt of a Relocatioa Notice,Grantor and Grantee ghat]negotiate in good faith to deterttine. if neceaaary. the location for the relocate3 Facilities(which shall be reasonably scogxIble to the Grantee from as enginee:fng and geoterhniml stacdpolm). (W) Upon completion of the deterinhwian in(11)above, the Grantor shall advance to Gmatee the funds necessary to design,construct and Install the relocated Facilities,its the designated location,and all of Orarace's related cats. Grantor expressly agrees that all casts and expenses of su:t rclocanion aball be Grantor's and at Po cost or arpcau to Grantee. (iv) Following the deposit of Amda as required under(Iii).above. and subject to(v),kelow,true Grantee shall proceed with the design, eoarxw too, installation and =neafon of the relocated Fadfitics. (Inatee shall proceed with such activities In a reasonable and diligent manner. Grantor specifically recognizes that tlurintg the period April 13 -October 15 in any calendar year. Grantee shaft not be required to connect to the relocated Facilities and sbandon the then existing Facilities unless Grantee, in Its sole discretion,consents to such. (v) The obligation of Grantee to relocate the Facilities at the expense of Grantor, shall be expressly conditioned up=the fianishing by Or=cr to Grantee of a good and suftieleat permanent gewA of esscment,in the agµoed to location,which grant of easement shall be in the same fora as this Easement and shall only be subject to those title exception items as are reasortbly acceptable to Grantee. d . (vi) This right to Cause the Easement to be relocated at the expense of Gvmtor may he exercised as truly t!--=as Grantor shall elect;provided that after the • fast such relocation of the Facllitics installed hereucdcr,-Graatee tray condition further relocations ttpon tha rcquircmrni that The relocation does not corme additional turns or (ends in the pipeline which to Grantee's determiaatloa may increase the UtMood of pipeline failures or reduce pipeline capadry. (vie) The terms and omididons set forth in this Paragraph regarding relocation of the Facilldes are not iateaded as a waiver or limitation of any eordemna:ien rights or powers of ttu parties. Dated this O(!1„•LI.day of cry. . 1995. THE IRVINE COMPANY,a Michigan corporatlou tvz�// 6O By: William H.Mc err Eatecative Vke psideat By: - LU J R. Cavanaugh ice President and Crcneral Cold Agreed to ard Aehaowledged as set forth above: APP f MESA CONSOLIDATED WATER DISTRICT, a County Water District By: — A4yg��6= Nome: karl Rer;�_ Its: General lianager CITY OF HUKTIKGTON BEACH, a muaicipal corporation Nsme: 'Ddve' `-mayct7 r vn/ APPROVED IS TO 'r0.;d: GAIL 11UT • City Attornti Its: Mayor y Attest: Approved: City G e c �l�' CITY OF IRVINE CITY OF 1RVLN7E. a municipal corporatio a m=icipal corporation By: Name: Its: rs�iOlr S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State cf County of On before me, c20a . Z.&V.0 Dow ur,..�e t+•�Ors�Np.• Do.,"b�{ ue't7 personatty appeared Ofirsonally known to rre—ORo be tale person(s� whose names)4dare subscribed to the within Instrument and acknowledged to me Mat 4o4heAhey executed the UCH same in*ier't�e+�"their authorized capacity ies ,and that by May �ctfifwk h64wrltheir slgnatureUs on the Instrument the person(s). 0"ME or the entity upon behad of which the persons) acted, AA r Conm Wn MAY I • executed the instrumeni. I/AYtisbCt:UOfM+19ol+1 WITNESS my hand and official seal. coW s 991L% N010nr Pubic—Cdkbr is ORANGE COUWY Pr COMM.E%*81 MAY f 1.19 n a rw"a nwr w*Aa L OPTIONAL Thocvh me inbrme9bn".bw to not rewim d by law,a mey prove retra'Ne b pomm m�*v on ft occ4w ant nr+d ccw praverr Jralrt�dertf rerrlave!•rid reerfncl!rrerY e.'ttia form to ena!her docune� Description of Attached Document Title or Type at D=rmnt Document Date:_�3���-lq� Number of Pages:,6 _ Signer(s)Other Than Named Above: Af Capecity(iss) Claimed by Signer(s) Signer's Name:. Signer's Name: ❑ Individual ❑ IndIvldual ❑ Corporate Officer O Corporate Officer ` Titta(s): Tltle(s): O Partner--❑Limited 17 General ❑ Partner--❑Limited ❑General ❑ Attorney-In-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee O Guardian lot Conservator ❑ Guardian qr Conservator G'Oittor. TOP a If1UMD hV0 Li0ther. Top a*VM h" Signer Is Representing: Signer is Representing: C t994 taw Mo,"Ae.xlion•WX Rwrnwl ka..'O.Box 7f e1-Cw.QD Pok CA 913W71 M Pr2Q.Ma 99C7 P.040F CH T!ri{.N 1-8%4'bee27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r�ssr State of California County of On 10-13-95 before me, Janet L. Mayfield, Notary public DATro K4G.TFTLII OFC°MCER•EQ.;WvS DCE.WnAj Y pU9W personally appeared Karl Rem k"C%S)DF SEAS} ® personally known to me - to be the personal) whose name(Q islasa subscribed to the within Instrument and ac- knowledged to me that heli4e&ft executed the same In hlslhe U authorized capacityttev), and that by hislkeottWx signature(a) on the Instrument tTe person(!�, JOETL.MAYF= t or the entity upon behalf of which the _= COMM.#ON14 Persan�) acted, executed the Instrument. Crt,'+1��E COUNTY MY Comm.Ekrpires MAY 1,19% WITNESS my hand and official seal. 616N4i1JRE OG OPTIONAL Though me data below Is not required bylaw,It tray prove valuable to persons rehring on the document and could prevent traudUlerd realtathrrnent of&IS tarm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 13 INDIVIDUAL ' ❑ CORPORATE OFFICER ceceral I4anager Easement Agreement Grant TITLE OR TYPE OF DOCUMENT Cl PAMEI;(S) ❑ LIMITED i ❑ GENERAL 6 iacl. ackn. plus exhibit (6) b ❑ ATTORNEY-IN-FACT NUMBEROFPAGES Insurance ❑ TRUSTEE(S) policy y ❑ GVAFIDIAKWNSERVATGR ❑ OTHER: Undated i — DATE OF DOCUMENT SIGNER tS FIEPRESENTIING: n/a k"or ra tsc%sl cR vorrrnes) SIGNER($)OTHER THAN NAMED ABOVE Ci M NATTO W:NOTARY AWOMPON•RM AwmN Avc.P.a.Bor 7]84•CanoCs Pak CA 913M,718a -6— -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of jap, if rn ra, County of On AaCLIA a 14MO before me, w ym=i rlL� (y,( 1�ta&lice G7� N&-*W TO-of Or1wr(Rp,"V Cow A-fry plc j personally appeared Wfliam MtWkLnd -- - Mimes . . NaMp;a a?'+M7f Y_Persona!ty known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(D whose name@ iso subscribed to the within Instrument and acknowled9a to me that haA0* a executed the same In h isA Qaauthorized CaPacityClo,and that by (S)algnatvreO on the Instrument me person(b oowusta INIAMMOK or the enilty upon behaR Of which the persan�7 acted, = Nola V tea-cd%vl o executed the Instrument. oraw::cctamr PYConn►bow otT19.1m WITNESS my hand and ctficlai seal. s�+l�.n a l+or+ry Pv�a OPTIONAL ThOVO Mm inAmmetlorr bslcw b rW rrgurrlldbr faw.It meyprM va.4laNS W pefsonl lg. On 0`e dorumert a•1d oaur4 prarsrt heudialenr remover end tmfladmnr of V*l tan to awrw dot uT ent Description of Attached Document Us or Type of Documert Docurrent Date: l y 2-Z-61 tr Number of Pages: S Signer(s)Other Than Ns.•ned Abova:)*1-14&w._lave Sint u Ata n,-f_o nie, Rifut.Lyi. Capacity(ies) Claimed by Signer(s) &W "y Iin l 6WI Iftiori Signer's Name: Signer's Name: ❑ Individual D Individual ❑ Corporate Officer ❑ Corporate Officer T(tle(s): Title(&): ❑ Partner—❑fruited ❑Generals ❑ Partner--❑Limited ❑General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Consemvwr ❑ Guardian or Conservator ❑ Other. Tap a ftmo rwe ❑ Other, Too at M-no rwe Signer Is Representing: Signer Is Representing: 0M4%&*rw Ropy Aswd~•62M RAnd Uw.P.O.Sax 7104-Cu"P Pur.CA 91=117tM had.ROL i"? lbaRw LY e>w.Pr..1 4004"27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On (Aart4v, 14 , jqT 6 before me,Susan E. Dahlgren,Notary Pubrc, personally, appeared_� � rw..(.►et aa •fl [ personally known to me -OF[- I J proved to me on the basis of satisfactory evidence to be the person(e) whose names) Is/are subscribed to the whhln Instrument and acknowledged to me that he/ is�tbey executed the same in hls/hey0ieir authorized capadty fes), and that by hlslheo r signature(e) on the Instrument the person(s) or entity upon behalf of which the person(@) acted, '_..__-SUSAN E.QAHLGREN executed the Instrument. COMM.#t000820 � KTMYPU8uc-CAUFaa u z WITNESS my hand and official seal. CRANGE COVITY j`My CartrInion Evian A 13.I NT C a-Vatur.of 110twy MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLACK 57 OF IRVINEPS SUBDIVISION, SITUATED IN THE • CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 11 PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ]BORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 300186-2 A STRIP OF SAND 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH IS PaiA___L AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE: COMMENCING AT AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEM IT GRANTED TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON BEACH AS RECORDED IN BOOK 7332, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TERvltt'[US OF A LINE BEING DESCRIBED AS SOUTH 16652105" EAST, 2030.40 FEET; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16606'45" WEST, 51.73 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769-1 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID EASEMENT THE FOLLOWING TWO COURSES: SOUTH 16.06'45" EAST, 51.73 FEET; SOUTH 18°51'00" EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, VMSURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769-1, SAID WESTERLY LINE BEING DESCRIBED AS SOUTH 01043'22" WEST, 933.51 FEET; THENCE SOUTHERLY ALONG SAID PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 01043032" WEST, 736.44 FEET; SOUTH 24.20'19" WEST, 83 .56 FEET; _ SOUTH 01443132" WEST, 466.13 FEET; SOUTH 01445022/' WEST, 264.84 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 01432'50" EAST, 304.40 FEET; THENCE SOUTH 28007'2011 WEST, 43.48 FEET; THENCE SOUTH 01045122" WEST, 133.44 FEET TO A POINT ON A LINE PARALLEL. WITH AND DISTANT EASTERLY 65.00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LIKE OF SAID PARCEL 63769-1, SAID LIME BEING DESCRIBED AS SOUTH 14.47'10" WEST, 470.01 FEET; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 14047120" WEST, 243.83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.50 FEET, 'MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LIME OF SAID PARCEL 63769-11 SAID LINE BEING DESCRIBED AS SOUTH 44027'42" EAST, 231.21 FEET; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 44.27132" EAST, 375.83 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH. 13'58'54" EAST, 329.56 FEET EXHIBIT A f TO A POINT ON A NON—TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1690.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 65026106" WEST; THENCE CONTINUING SOUTH 23.58'54" EAST, 80.15 FEET; THENCE SOUTH 17048#26" WEST, 305.21 FEET; THENCE SOUTH 24446f06" EAST, 175.65 FEET; THENCE SOUTH 84.40052" EAST, 252.19 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL 63768-1 AS DESCRIBED XN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 11091, PACE 1458 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SAID LINE BEING DESCRIBED AS A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 43.2911311, AN ARC DISTANCE OF 379.50 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84640152" EAST, 336.47 FEET; THENCE SOUTH 33*49'50" EAST, 464.27 FEET; THENCE SOUTH 7385715611 EAST, 310.89 FEET TO THE WESTERLY LINE OF SAID EASEMENT TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON BEACH. THE NORTHERLY SIDELINE OF THE STRIP HEREINABOVE DESCRIBED EASEKEENT $HALL BE PROLONGED OR SHORTENED SO AS TO TERKINATE WESTERLY IN SAID GENERALLY EASTERLY LINE OF SAID PARCEL 63768-1 AND EASTERLY IN SAID GENERALLY EASTERLY LINE OF SAID STRIP DESCRIBED IN SAID DEED TO TV.'E COSTA MESA COUNTY WATER DISTRICT. THE NORTHERLY SIDELINE OF THE HEREIN ABOVE DESCRIBED EASEMENT OF LAND SHALL BE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFOR.NIANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. PAUL L. 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AREATTACHED: MEET TITLE SHEET NUmsrzR(Sj- Typical Cross Section X-5 Typical Cross Section Detains X-6 Construction Staking Surveying Control Data CSS-2 Layout L-8,9, 13, 14,and 15 Profile P-22,23,and 24 Con=ctian Details C4,5,and 6 Contour Grading G-8,9,and 15 Drainage Plan D-8,9,and 13 Edge Drain Plan D-SO and 8[ Utility Plan U-8,9. 13, 14.and 15 Pavement Delineation flan PD-8,9,and 12 Sign Plan S-6 Electrical E-8 ' Cross Sections XS-28 x-id 29 Bison Ave.Bridge over Bonita Creek General Plan Bison Avo.Overcrossing General Plan t• EXHIBIT D � t NOV. -10' 98ITUE) 13:21 1RWD TEL:949 4530228 P. 002 ` JH1`l CC '70 lb+GJ 1'94U UH MaW. "t3HL c AGENCY A3REE:�.ENT SAN 17OAQUIN RESERVOIR SLOPE REPAIR THIS AGENCY AME=T, hereinafter reforred to as gAay "Agency Agreement, " is trade and entered into ac of the of e , 1995, by and between the following entities (collectively, the "Owners") : IRVINE RANCH WATER DISTRICT ("IRWD") , organized and existing pursuant to the California Water District Law (Water Code 5 3WO at seg.) ; • THE VXTROPOLITAN WATER DISTRICT Or SOUTHERN CALIFORNIA ("METROPOLITAN") , organized and existing -pursuant to the Metropolitan Water District Act (State. 1969, Ch. 209, as amended) ; CITY OF HUNTI GTON BRACH ("HUNTINGTON BEACH") , a municipal corporation of the State of California; CITY OF NEWPORT BEACH ("NEWPORT") , a municipal corporation of the St.::te of California; MESA CONSOLIDATED WATER DISTRICT (*MESA") , organized and existing pursuant to the Costa Mesa Merger Law (Water Code $ 33200 et seq.) and the County Water District Law (Eater Code § 30000 et seq.) ; - LA=A BEACH COUNTY WATER DISTRICT ("LAGUNA") , organized and existing pursuant to the County' Water District Law (Water Coda § 30000 at ceq.) ; SOUTH COAST WATER DISTRICT ("SOT1T"r COAST") , organized and existing pursuant to the County Water District Law (Water Cods 5 30000 et seq.) ; and THE IRVINE COMPANY ("TIC"3 , a Michigan corporation. . ]ZECIM5 A. The parties hereto are parties to the San Joaquin Reservoir Trust Agreement, as amended by the First Amendatory Agreement, effective July it 1980, and by the Second Amendatory Agreement, effective October 1, 1990 and to become operative upon the occurrence of certain matters described ir. Sections 12 and 14 thereof (the "Trust Agreement") . All capitalized terms used herein shall have the meanings given them in the Trust Agreement. B. A slope failure has been diccovered in the Reservoir, along the west facing slope of Claystone Hill, as described in that certain geotechnical report prepared for METROPOLITIX by NV.-1e-199e 13:43 949 4530229 96% P.e2 NOV. -10' 98(TUE) 13:22 1RH TEL:949 4530228 P. 003 ` 10•C4 rwv uy new- 1-r� r'��-• r ; Law/Crandall entitled "Report of Deotechnical Investigation, Slope Failure, for the Metropolitan Water District, " dated September 16, 1994. C. Notwithstanding the provisions of the Trust Agreement which provide for repairs, the parties wish to make certain additional provision concerning the repairs of the elope failure described in t}:a preceding recital (the 'Slope Repair") , due to the emergency nature and magnitude of the slope Repair. QPERATIVE AGREPMM8 4 a=Qintment of Age-nt. Purcuant to. Section 59(iii) of the Trust Agreement, the owners agree to undertake the Slope Repair, and the owaorn agree to the appointment of IRWD to act as the agent of the owners in carrying out the Slope Repair. steps taken by 1WRD as agent prior to the date hereof, including but not limited to retention of biological services, retention of Law/Crandall to perform additional subsurface exploration and proceedings under the California Environmental Quality Act, are hereby ratified by the parties. eE' _ ION 2. Rei ��xaemZL�. of_ Aaent. a. EEom_Centjigency Fund For_ , ecenncirA. METROPOLITAN shall reimburse IRWD from the contingency fund for emergencies, to the extent of funds available therein, for preliminary expenditures and cocte incurred by* IRWD for the Slope Repair, including those incurred prior to the effective data hereof, and for the construction cost of the Slope Repair. b. From EMAxS2ncypgp=jtI. For any preliminary expenditures and construction coats of the Slope Repair is excess of the funds available in tha contingency fund for emergencies, METROPOLITAN shall calculate emergency deposits from each Owner in accorda.-ice with Trust Agreement section 6d, and shall reimburse IRWD from ouch deposits, to the extent of funds available therefrom. METROPOLITAN agrees to exercise all remedies authorized by the Trust Agreement in the event of a default by an Owner with respect to such deposit. C. Manner of Calculation. The deposits shall be calculated by METROPOLITAN in the shares as provided in the Trust Agreement. All amounts to be reimbursed shalt, be calculated by TRWD in the same manner as provided in Truest Agreement Section 6b. d. limingP t. Reimbursemente to IRNID shall be paid by METROPOLITAN within thirty (30) days of each invoice from IRWD. 2 NOV-10-1998 13:44 949 4530229 96% P.03 -10' 98(TUE) 13:22 1R D TEL:949 4530228 r...... P. 004 t •pr%j HO 7Q iP•CM 1'*-W-6.M M%fi. LLur- 7 = r SECTION 3 . In carrying out the Slope Repair, IRWD chall be deemed for all purposes to be acting solely as the agent of the Owners and shall have no liability or responaibi21ty in connection therewith other than as one of the Owners under the Trust Agreement. 2EOT19N,_9. Fxcept as otherwise provided.herein, the Trust Agreement shall govern the implementation of and payment for the Slope Repair. 49CT OM- . This Agreement may be executed in counterparts in the same manner as set forth in Section log of the Trust Agreement. SECTION S. Nothing expressed or mentioned in this Agreement in intended or shall be constxuad to give any person, other than the parties hereto and their respective successors and assigns any right, remedy or claim under this Agreement or any provision hereof, this Agreement and its provisions being intended for the sole and exclusive benefit of the parties hereto and their respective successors and assigns, and for the benefit of no other person. IN WI7WESS WHEREOF, each of the parties has caused this Agency Agreement to be executed by its duly authorized officers on the date first hereinabove written. THE MTROPOLITAN ThATF.R DISTRICT OF SOUTHERN CALIrOMIA ,70= R. WODRASKA, GENERAL MWAGER By Approved as to form: N. GREGORY TAYLOR . General Counsel By A&Zwv- La a rainard Sen' eputy Ge al Counsel 3 NOU-10-1998 13.44 949 4520228 96% P.04 A(V. -10' 98(TUE1 13:22 1RWD TEL:949 4530228 P. 005 r r IRVIIvE H EATER DIST ICT By 1/1 eral„P 393r By 'j C 27 tags CITY OF HUNTINGTON BEACH By By f CITY OF NEWPORT BEACH By By MESA CONSOLIDATED WATER DISTRICT Bx By LAGUNA BEACH COUNTY WATER DISTRICT By By 9 NOU-10-1998 13:44 949 4530228 .95% P.05 NOV O 98(TUE) 13:23 IRWO TEL:949 4530228 r• uo0 • . I1FiY lZ 19a 03:07Pt1 213 217 6610 RA' P'i IkVINH �CH WATER DISTRICT By By CITY OF HUNTINGTON BEACH CITY OF =TINOTON BEACH Approved a to r m By , $y j••c.L... �- Attorney --,._... KV� � 1Mayor' By . ' City Clock CITY OF NEWPORT BEACH By By MESA CONSOLIDATED WATER DISTRICT By By LAGTINA BEACH COVN:'Y WATER DISTRICT By By NOU-10-1998 13:44 949 4530228 96% P.06 NCy. -10' 98(TCE1 13:23 IRWD TEL:949 4530228 P. 007 s ' IRVINE RANCH WATER DISTRICT By By CITY OF HUNTINGTON BEACH By By CITY OF NEWPORT PEACH BY �- r APPR ,IED AS TO FORM: By LV�ttnrn�� MESA CONSOLIDATED WATER DISTRICT By By LAGUNA BEACH COZTVTY WATER DISTRIC': By By 4 NOV-IC-1998 13:45 949 4530220 95% P.E7 soi. -10' 98(TUE1 13:23 1RWD TEL:949 4530228 P. 008 N IRVINE RANCH WATER DISTRICT By By CITY OF MlNTINGTON BEACH By By CITY OF NEWPORT BEACH By By MESA CONSOLIDATED WATER DISTRICT By LAGUNA BEACH COUNTY WATER DISTRICT By By 4 NOV-10-IM 13:45 949 4530228 9E% P.es hu'v. -IO 98(TUEI I3:23 IRWO TEL:949 W0226 P. 009 Lll-04-1vtob 11 s 1tR+"1 FMM L-K-1 w t U 45,SIQi�`J r.lar IRVINE RANCH WATER DISTRICT By By CITY OF M TINGTON BEACH By By CITY OF NE"ORT BEACH Ey By ; I MESA CONSOLIDATED WATER DISTRICT By By i LAMN-A REACH COUNTY WATER DISTRICT By By 1 I I 9 TOTAL. P.02 NOU-10-195B 13:45 949 4530228 96% P.29 -10' 98(TUE) 13:23 IRxD TE1.:949 4530228 P. 010 SOUTH COAST WATER DISTRICT !r� .. THE IRVINE COMPANY By By 5 NOU-10-1998 13:45 949 4520228 95% P.10 NO',. -10' 981TUE1 15:21 1Rii'D TEL:949 4530228 P. 001 n Irvine Ranch Water District 15600 SAND CANYON AVENUEP.O.BOX 57000 1RV1NE.CA 928197000 Data November 10, 1998 Number of pages including cover sheet 10 To: Lisa Lewis_ From: Carolyn German City of Huntington Beach Phone 7141960-8853 Phone 949-453.6547 Fax Phone 7141374.1590 Fax Phone 949.453.0228 CC: REMARKS: ❑ Urgent X For your review ❑ Reply ASAP ❑ Please comment Attached is San Joaquin Reservoir Slope Repair Agreement we spoke about earlier today. NOU-10-1998 13:43 949 4530228 96: P.81 PLEASE COMPLETE THIS II(FORMATION RECORDING REGDESTED BY: Recorded In the County of Orange. California AND WHEN RECORDED MAIL TO: oar l_. Granville. CWK/Recorder I EMlIJ 1 NO Fee �` m 5 1235629 10:63am 05/21/97 C� aZ�o� IGS 12222476 12 25 Al2 2T 7.08 75.69 0.10 9.10 0.09 #.SI "1�1�s oJ-•� THI ' TITLE DF DOCUMENT: r. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Addinanal nenrding he'ppliet) N 039-TITLE PAGE JAM) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY. R+earosq to uw Canty or orar►W► >�t itortiia 1millin�l r Ks< No AND WHEN RECORDED MAIL TO: 045 22004225 22 !e 1 969910717 4:24M 91198199 As2 17 7.89 48.40 S.oa o.ae e.0s St.e• THIS-SR R' TITLE OF DOCUMENT: 7' V 5 6-9ZrEr7ttl-1~ lr /'w' -3,ri NS C � N� THIS PAGE ADDED TO PROVIDE ADEOUATE SPACE FOR RECORDING INFORMATION (1lddlllonal recording fee applies) M 059-TITLE PATE(R735) WORM REM)EM BY MAMW AT OF TRANSf'ORTAt'M Recorded By and STATE OF CAL FOW When Recorded Mail To: WAMENt OF TRANSPORTATO 25M PULLMAM SET SWA ANA.t:ALFOWA OM 11 0 A MR0IMS OEt:T1Qst Saaoe Above This Line_For lX SAN JOAQUIN HII.LS TRANSPORTATION CORRIDOR AGENCY JOL1T USE AGRMIE.11 T EXEMPT-f;OVERNMBNT CODE SF nON 6I43 1 THIS JOINT USE AG (this "Agreement"), entered into this •15 day of_ 0 -o •+ , 19 by and between the MESA CWSo�a ,T 'lit DISTRICT, a county water District, and the Cr rY OF HUNTINGTON BEACH, a political subdivision of the State of California, Hereinafter collectively referred to as the "Owners', and the STATE OFF CALIFORNIA, acting by and through its Department of Transportation, hereinafter called the 'STATE' is as follows: - WITNFSSETH WHEREAS, Owners are in possession of certain rights of way and easements, hereinafter referred to as "Owners' Easement" and described as follows: That Fasrment Deed granted to the Owners, dated August 7. 1964, as recorded with the Orange County Recorder's Office on September 24, 1964, in Book 7232, page 711, which Easement Deed is incorporated herein by this reference and correspondingly made a part hereof; WHEREAS, Owners maintain certain facilities within the Owners' Easement as part of Owners' operations; and WHEREAS, the State has acquired certain lands for the purpose of constructing t}ureon a portion of the highway known as the Sari Joaquin Hills Transportation Corridor (the "Corridor") in the vicinity of Bison and MacArthur, City of Irvine, County'of Orange, said lands are hereinafter referred to as the "Corridor Right of Way', which Corridor Right of Way is subject to Owners' Easement; and - 1 - WHEREAS, Owners' facilities within the Owners` Easement in the Corridor Right-of- Way will interfere with or obstruct the construction, reconstruction, maintenance or use of the Corridor, and the State desires to arrange for the elimination such interference or obstruction; and WHEREAS, the Owners and the San Joaquin Hills Transportation Corridor Agency, a joint powers agency in order to accomplish the mutual objective of eliminating the above- referenced conflict, have entered into that Agreement entitled 'San Joaquin Hills Transportation Corridor Utility Agreement No. 3002" dated as of April , 1993 (the "Pipeline Relocation Agreement"), which is incorporated herein by this reference. NOW, THEREFORE, OWNERS AND THE STATE HEREBY MUTUALLY AGREE AS FOLLOWS: 1. The location of Owners' Easement insofar as it now lies within the Corridor Right of Way shall be and is hereby changed to the strip of land within the Corridor Right of Way hereinafter referred to as "New Location", as described in Exhibit '1", attached hereto and made a part hereof by this reference. 2. Owners' facilities now installed pursuant to Owners' Easement within the Corridor Right of Way have been, or will be, relocated and reconstructed on behalf of Owners to the New Location. 'Ile Owners will surrender and quitclaim to the State all of the Owners' right, title and interest under and by virtue of the Owners' Easement in the old location within the Corridor Right of Way and not.included in the New Location. Owners hereby consent to the construction, reconstruction, maintenance and use by the State of the Corridor over, along and upon Owners' Easement both in the old location and in the New Location within the Corridor Right of Way, upon and subject to the terms and conditions herein contained. 3. The State acknowledges Owners' title to Owners' Easement in the New Location and the priority of Owners' title over the title of the State therein until abandoned or extinguished by the Owners. The Owners have and reserve the right and easement to use, ir. common with tee public's use of the Corridor, the New Location for all of the purposes for which Owners' Easement was acquired, without nerd for any further permit or permission from the State. Except in emergencies, Owners shall give reasonable notice to the State before performing any work on Owners' facilities in the New Location where such work will be performed in, on or over the traveled way or improved shoulders of the Corridor or will obstruct traffic. In all rases, Owners shalt make adequate provision for the protection of the traveling public. 4. In the event that the future use of said Corridor Right of Way shalt at any tirle or times necessitate a rearrangement, relocation, reconstruction or removal of any of Owners' facilities then existing in said New Location, the State shall notify the Owners in writing of such necessity and agree to advance or reimburse the Owners, as Owners and the State may agree, on demand for the Owners' reasonable costs Incurred in complying with such notice. - 2 - Prior to commencing relocation the Owners "I provide the State with plans of such proposed rearrangement and an estimate of the eos'.s thereof and, upon approval of such plans by the State, Owners will promptly proceed to effect such rearrangement, relocation, reconstruction or removal at such times as are agreed to by Owners and the State. No further permit or permission from the State for such rearrangement shall be required and the State will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Owners' facilities within said Corridor Right of Way, (2) provide executed document(s) granting to Owners good and sufficient easement outside of the Corridor Right of Way if necessary to replace Owners' easement or any part thereof, and (3) advance or reimburse Owners, as may be agreed, for any costs which it may be required to expend to acquire such easement, provided that it is mutually agreed in writing that Owners shall acquire such easement. S. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of Owners' Easement. Both the State and Owners shall use the New Location in such a manna as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Owners or the State may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either the State or Owners in such a manner as to cause an unreasonable interference with the use of the New Location by the other party. 6. This Agreement shall Inure to the benefit of and be binding upon the successors, assigns and transferees of all parties hereto. - 3 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their respective officials thereunto duly authorized. STATE: O'W7-ERS: RECOMMENDED FOR APPROVAL: MESA CONSOLIDATED WATER f, to Czy fewer By,:- Title: Board president Lal G. Mattocks, Chief CELYQF HVIM s O EACH: Utilities Relocation Branch Right of WAy and Asset Management Program APPROVED AS TO FORM AND By: % ` t— PROCEDURE: Title: _ �o r• Attorney,Department of Transportation STATE: STATE OF CALIFORNIA DFPARTMEU OF M&USPORTATION: By• Denny Shiel s, Program Manager Right of Way and Asset .,Managem"' nt c)ie Program 1L;:;•i:f' . yJ' Attorney is Fact Joint Use Agreement Signature Page - STATE OF CALIFORNIA ) ss. COUNTY OF Df .[� ) before me, J54ekl, Maq e ub 1; c (here insert name and title of the officer), personally ppeared personally known to me to be the personM whose name( islaA subscribed to the within instrument and acknowledged to me that hel9wJeWy executed the same in his&pp4 6r' authorized capacityW. and that by hisftMt �r signatuWon the instrument the pe=04, or the entity upon behalf of which the p rso-riM acted, executed the instrument. WITNESS my hared and official seal. Signature al Ct J y (SEAL) .. AN-M.MAWELD OOMM.#94,yv14 '7 N010y Nvic—Canloen; 3 CRAM E COUNri We COMM Er¢reu MAY 1.1996 STATE OF CALIFORNIA ) ss. COUNTY OF . j On is before me, X (here insert name and title of the officer), persdnally appeared , personally known to me to be th person(o whose name(s)Mare subscribed to the within instrument and acknowledged to me that WA they executed the same in hbAtez their withorized capacity W, and that by hisOhe. ftir signature() on the instrument the personal, or the entity upon behalf of which the person[s� acted, executed the instrument. WTIIIF.SS my hand and official seal. Signature 5J9fl�re.aJ (SEAL) Nolarq *44 IMAVIM L aaKn+cr � mr,�cau+� STATE OF CALIFORNIA ) } ss. COUNTY OF ) On / before me, (here insert name and title of the officer), personally appeared pemnalty known to me ( c to be the person(A whose name(JQ is/Me-subscribed to the within iamument and acknowledged to me that he/sba executed the same in his1kzWudr authorized capacity(3ee), and that by hzslr signatureo on the instrument the person(o, or the entity upon behalf of which the person(?q acted, exewted the instrument. WITNESS my (arid and official seal. Signature A (SEAL) DOWNY E SOM ONM f 10464M War maw-CNJMR 11r flanwi 1� EXHIBIT A MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IR ov s SUBDIVISION, SITUATED PARTLY IN THE CITY OF NEWPORT BEACH AND PARTLY IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF TIM COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: JVA 3002-A A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH I5 PARALLEL AND COVCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHIERLY SIDELINE: COMENCING AT THE ORANGE COUI,= HORIZONTAL CONTROL STATION "LC 12", HAVING A 1983 NORTH AMERICAN DATUM: (NAD 83) WITH THE 1988 ORANGE COUNTTY SURVEYOR'S G.P.S. ADJUSTfE T VALUE OF NORTH 2165291.634 ;LNM EAST GL02015.565 AS SHOWN IN "RECOVERY NOTE G.P.S. STATION" ON FILL IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE NORTH 60.37140" WEST, 35449.53 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTED TO THE COSTA MESH COUNTY WATER DISTRICT ANT THE CITY OF HUNTINGTON BRACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN =- OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF A LINE BRING DESCRIBED AS '"SOUTH 26.52105" EAST, 2030.40 FEET"; THENCE NORTHERLY ALONG SAID WESTERLY .LINE NORTH 16°06'45" NEST, 51.73 FEE:' TO A POINT ON THE WESTERLY LINE . OF PARCEL 63769 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12269, PAGE 1726 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POIN"r OF BEGINNING; THENCE SOUTHERLY ALONNG SAID WESTERLY LINE OF SAID EASEMENT THE FOLLOWING TWO COURSES: SOUTH 16.06145" EAST, 51.73 FEET; SOUTM 180511D0" EAST, 11.82 FEET TO A POINT ON A LINE. PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASURED AT RIGHT AN-CLES, TO SAID WESTERLY LINE OF SAID PARCEL 63769, SAID WESTERLY LINE BEING DESCRIBED AS %SOUTH 0I.43'22" WEST, 933.52 FEET"; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TILE FOLLOWING FOUR 14) COURSES: SOUTH 019431322 WEST, 736.44 FEET; SOUTH 24.20119" WEST, 83 .56 FEET; SOUTH 01.43132" WEST, 466.13 FEET; SOUTH 01.45122" WEST, 264.84 FEET; THENCE LAVING SAID PARALLEL LINE SOUTH 01.52150" EAST, 304.40 FEET; THENCE SOUTH 28.07110" WEST, 43.48 FEET; THENCE SOUTH 01045'22" WEST, 133.44 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 65.00 FEET, MEASURED AT RIG-AT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769, SAID LINE BEIA0. DESCRIBED AS "SOUTH I4.47110" WEST, 470.02 FEET"; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 14.4712011 WEST, 243 .83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS "SOUTH 44"27142" EAST, 231.21 FEET'; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 440271320 EAST, 142.15 FEET TO A POINT 04 THE WESTERLY RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, 100 FEET WIDE AS DESCRIBED IN A DOCUMSNT RECORDRD IN BOOK 1047, PAGE 557 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE EASTERLY SIDELINE OF THE HEREIPYABOVE DESCRIBED STRIP SHALL BE PROLONGED SO AS TO TERMINATE NORTHERLY ON THE WESTERLY LINE OF SAID PARCEL 63769. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE SHORTENED SO AS TO TERMINATE SOUTHERLY ON THE WESTERLY RIGHT OF WAY LINE OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOM ARY. ALL AS MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT '"A-1" ATTACHED HERETO AP7D BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTIL CES USED IN THE ABOVE DESCRIPTION AR-E CALIFOR.'3IA COORDINATE SYSTEM OF 1983, 20NE 6 . DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. PAUL L. BAKER L.S. S878 DATE MY REGISTRATION EXPIRES 12/31/96 �� �A M1007L7DihpAV1iD02A.IFPb IF7wub�r 7. 199E �!: 1 & C11L r 04*004 af'flsi r .sl•►►.i N' FL 31nou 3 l&dJy , o LLA vLA 7{fpryf�p�_y P.Q� / ���1 '�•Q i�frp0 �, a a�s10, 90•g01 1! :MAC.5 Kd�r.M -LE-So•t! M .64'CSC • .re.i[.f N .6G'!OS R .►2.li.il Nam- - - -bg�-�r _ _LLLAAAAA-de •a M 17, �. �~ T ��r� •6!•'yptC V! ui W cc qt Eli is �'�S'tti ?. t+•i xy � � �� �03rYaf•�.ti•y V1 = V M1 it MY a Q Fri■ Ali$ G■as �� N ���y� �A g 7t�AG7' 11tU. 1 z3D4 Ila M-M- $90 a r 03 fn � w w f !t !'�S•t2' E 37i.ti•t M t r� lib S78 f % r•+t! 2#' E Jiro,rt't E 6C7rOS�t.3it1 r rf t•IS•22• C S!?11• i tt k 1143'3?• It470.lp• �d+ of. 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O.A. 1047 r 157 VACARTHUR BOULEYARO 1QLfl1 4 PARCa 3 k f•a'2t' L ]Io6.r9� N SEE RIGHT Or WAY MAP F1191 -4 t ii.+wr.rw r.r a►rw+wra..rrr....ar w l 1 t fs U�IL •" ilY N // �/ O °r a.+1 N � s M � LA � t EXHIBIT A- i see SNE£r2 f/H 11 v Ir- E 133.4a �* / v 01 f1116 111rp�•w • Nr.Rr lily? 11 zrw"'� Wo? ? 1p 1 j 4 f 11?{ rr rs•r+•sr 1?.23 4 r Tit 21 M !!•y13•1V ■ 92.11 r1.1% 6r,1.m t a. I y bl rrlsf 1r.1.2rzr t sos3.zsio it I- Asoi•s alot[to?+� ro, Krill TO r�tT Or I / l¢p b�. ts1� C.A41r1�11} iii 12mu =%lioonlot�lo`t �rfmtv 4up I I r, �C ��•► � � '� m 0lfrlrl ,t rc+oorwlf X Qm it s•r p�IARTI!•11. 1 / I rR+or ho. I� v� ' WW 1 sir f � Y; P 300086-22 BLOCK 57 � c r� f ,►•1 �; �i IRYINE'S SUPDIYI9IWY p''.�•: /`/�;G. • ' :�y a PARCEL 63768-l ••' ry \ �,yo D.F. ll091 ! 1450 �'�' �A_• '1 ' \o Pb � •� I/! 4� f f 4 V � t1 � 304�� hn � �f ��/;►��' r ruA i 2' �� 1� \ t 1 • % M DATEf ��- 9b 5- JOINT USE AGREEMENT 3002-A 5HEE 3 3 EXHIBIT B MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION, SITUATED PARTLY IN THE CITY OF NEWPORT REACH AND PARTLY IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COU.VTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: JUA 3002-B A STRIP OF IMM 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE: COMMENCING AT THE ORANGE COUNTY HORIZONTAL CONTROL STATION "LC 12", HAVING A 1983 NORTH AMERICAN DATUV. (NAD 83) WITH THE 1988 ORANGE COUNTY SURVEYOR'S G.P.S. ADJUSTMENT VALUE OF NORTH 2165291.634 AND EAST 6102015.565 AS SHOWN IN `RECOVERY NOTE G.P.S. STATION" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE NORTH 60.37140" WEST, 35449.53 FEE TO AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTED TO THE COSTA MESA COUN"rf WATER DISTRICT AND TH= CITY OF HUNTINGTOU BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TFILMINUS OF A LINE BEING DESCRIBED AS "SOUTH I6'521D5' EAST, 2D30.40 FEE?'w; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16.06'45" WEST, 51.73 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID EASEMENT THE FOLLOWING TWO COURSES: SOUTH 16*061450 EAST, 51.73 FEET; SOUTH 180511000 EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASURED AT RIGHT ANGLES, TO SAID TTSTERLY LINE OF SAID PARCEL 63769, SAID WESTERLY LINE BEING DESCRIBED AS 'ASOU771 0I.43'22" WEST, 933.51 FEET"; THENCE SOUTHERLY ALONG SAID PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 01.43132" WEST, 736.44 FEET; SOUTH 24.20'19" WEST, 83.56 FEET; SOUTH 01043132" WEST, 466.13 FEET; SOUTH 01'45'22" WEST, 264 .84 FEET; THENCE LEAVING SAID PARALLEL LItT3 SOUTH 01652150" EAST, 304.40 FEET; THENCE SOUTH 28.07'10" WEST, 43.48 FEET; THENCE SOUTH 01.45122" WEST, 133.44 FEET TO. A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 65.00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769, SAID LIN3 BEING DESCRIBED AS `SOUTH 14*471100 WEST, 470.01 FEET"; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 14'47120" WEST, 243.83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769, SAID LINE BEING-DESCRIBED AS '"SOUTH 44.27'42" EAST, 232.2.1 FEET'j TH&NC£ SOUTHEASTERLY ALONG SAID PARALLEL LIKE SOUTH 44027132" EAST, 142.15 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF MACARTIMR BOULEVARD, 100 FEET WIDE AS DESCRIBED IN A DOCU.n= RECORDED IN BOOK 1047, PAGE S57 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; TR C:E CONTINUING SOUTH 44027132" EAST, 128.67 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID MACARTH'JR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED SO AS TO TERMINATE NORTH3RLY ON THE WESTERLY LINE OF SAID VJkCARTHUR BOULE 7ARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE SHORTENED SO AS TO TERMINATE SOMMLY ON TIM EASTERLY RIGHT OF WAY LINE OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL SE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. ALL AS MORE PARTICULARLY SHOWN O'N THE ATTACHED EXHIBIT '"B-1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFOR-YIA COORDINATE SYSTEM OF 1983, ZONE 6. DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER KY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. //-T.Ac PAUL L. BAKER L.S. S678 DATE MY REGISTRATION EXPIRES 12/31/96 * Us 5878 926034r0f%Sr.R"33023.UPC rov.aib.r T. 1939djop Eye: 2 GF CA �•IOM • M . r on C, Igo N Aie y�y■ r R ice..- m +Firs a y� � SyM� � irA • r r.+ A y ti• b y s ' = 1-�-`,�. �.r~1 •~•ti• � Lei EL t .. z 3r- ti• .�.'6 �*:"rti��y`•_'�•�• Rid+ �•sr. yl � frl too Z fi �� •r .r �� CART 1���J�tt rt E � � ti• "� �„� ti ��,� •r.r.� Rllf7 ~�� 1 jS� vs W � r,�.�•f'��r ~j ,�~`~��. k i•,�.7;, c ��Y�tgp�p�N ��S.To.' 1 4�` J0024Z N _ ___ _ _ yam' �~~��`�'•~,r _ * � �� -- —�-4��_�zrrr�����• �...��--w_—_rr_'wr—�7"H'•1��l'a.01iw � � �• �_��r���--��._ h s•Ii'li' sJ,w• M ,r•s•sr• *—rll Y71'41• x �3+.st• �� ios.os- �s W PARCEL &MO-I D.P. 1174 1502 4 ROUTE 73 -a • EvARO it r44,164 * - PSr6.67 -00, i n v / �' }, 4 r rr dtrjv IrAl y +-�•�3►r►+�er� �40 -Saz4yi��y�pOt f _ '•yam N 8! � �' � rtt.s�•� M W � + So,., jo •+ jofra w �t a V Isis; h D F:da e.� ♦ wx x Z b =w .s ti • EXHIBIT B- 1 SEE SHUT 2 T10 rllC OISTAIIq Viy • ; �, Q~ TI! Y Z•'e?-OT•10• t 63.41 'rose M 1••s•2r [ I33.q 74T• Y ••32'tf• t 121.72 tl f Q 'r1175 Y TI.O•'&r L 3f.03 'r1i2& Y 74•W3W • 14T.07 111ty x W34.741 IE WOT 'r4 122 Y ts'34's•• L 41.23 4 ' 1112e •25•34,W L i t.— 71130 Y•I.3r'tr • I St.44 TIM v sS•IS•I • t 12.74 'r117e M 0 T pp`!• • y3s��rC 1/!Y ?loss M 41•3 tz* [ 103.E 11�R f 3002AJUA A rtlr•s MOVIE@ t r11 r1T�, etTt�l }�t1[ 7"[ or114 1T 1H1ifw�(1l4usY i[1� �7�[t.W► f � ~I~ �0� fK �1iT C7 It IK rrON CI i4ti etna7 1T. 1 .rue fk /de rla Q. r• f ti �'• /I 4wr I gyp' I o I r ! 1$•I r�' O Iv n TRACT No. 123d4 V. 1! / • ' G a �,• ,c / 1!nRA • I TEE -22 V ,fin. 4 . je AS S / �, w1 � rye• +► IF i h %, `' �- /'�• +� •`'~ a PARCEL 63768-1 t I11 11091 / 1�.58 fie` $ oo ' :! �y� lb 3002a or l a ,~M rug i�d FDATCE, ll-5-96 JOINT USE AGREEMENT 3002-B T 3 Of 3 r • � 1 EXHIBIT C MQSA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION, SITUATED PARTLY IN THE CITY OF NEWPORT BEACH AND PARTLY IN THE CITY OF IRVIL-E, COUNTY OF ORANGE, STATE OF CALIFORMA AS PER THE MAP FILED IN BOOK 1, PAGE 68 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: JUA 3002-C A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE: COMMENCING AT THE ORANGE COUNTY imrzoNTAL CONTROL STATION "LC 1211, HAVING A 1983 NORTH AMERICAN DATUM (HAD 83) WITH THE 1988 ORANGE COUNTY SURVEYOR'S G.P.S. ADJUSTMENT VALUE OF NORTH 2165291.634 AND EAST 6102015.565 AS SHOWN IN "RECOVERY NOTE G.P.S. STATION" ON FILE IN THE OFFICS OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE NORTH 60.37140" WEST, 35449.53 FEET TO AN XNGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTED TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF A LTNT BEING DESCRIBED AS "SOUTH 16*52105" EAST, 2030.40 FEET"; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16.06145" WEST, 51.71 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENC2 SOUTHERLY ALONG SAID WESTERLY LINE OF SAID fiASEVX= THE FOLLOWING TWO COURSES: SOUTH 16.06145" EAST, 51.73 FEET; SOUTH 18.511009 EAST, 11.02 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASURED AT RIGHT AN=S, TO SAID WESTERLY LINE OF SAID PARCEL 63769, SAID WESTERLY LINE BEING DESCRIBED AS `SOUTH 01.43122" WEST, 933.5I FEET'; THENCE SOUTHERLY ALONG SAID .PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 01.43132" WEST, 736.44 FEET.- SOUTH 24.20119" WEST, 83.56 FEETI r SOUTH 01.43'32" WEST, 466.13 F3ET; SO'1TH 01.45122' WEST, 264.64 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 01*52'50, EAST, 304.40 FEET; THENCE SOUTH 26'07110" WEST, 43.48 FEET; THENCE SOUTH 01*45122" WEST, 133.44 FEET TO A POINT ON A LINE PARALLEL WITH ANT DISTANT EASTERLY 65.00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTSRLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS '&SOUTH I4•47'2Q" WEST, 470. 01 FEET"; THENCE SOUTHERLY AL6 G SAID PARALLEL LINE SOUTH 14"47'20" WEST, 243.83 FEET TO A POINT ON A LINE PARALLEL WITH . AND DIST;LVT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGIrr ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769, SAID LINE BEING DESCRIBED AS "SOU77[ 44427142" EAST, 231.21 FEET"; THrWCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 44827'32" EAST, 270.82 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MACARTHUR BOULEVARD, 100 FEET WIDE, AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 1047, PAGE 557 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE- POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 44.27132" EAST, 205.00 FEET; THENCE LEAVING SAID PARALLEL LIKE SOUTH 13.58'54' EAST, 329.56 FEET TO THE POINT OF TERMINATION OF THLS EASDEZNT, SAID POINT OF TERMINATION BEING ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1690.00 FEET, A RADIAL LINE TIMOUGH SAID POINT BEARS NORTH 65'26106" WEST. THE EASTERLY SIDELINE OF THE HEREINADOVE DESCRIBED STRIP SHALL BE PROLONGED SO AS TO TERMINATE NORTHMY ON THE EASTERLY L=F- OF SAID MACARTHUR BOULEVARD. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE SHORTENED SO AS TO TERMINATE S07MRLY ON THE AFOREMENTIONED CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1690.00 FEET. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED, SHORTENED AND INTERSECT, WFf...RE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. ALL AS MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT %C-1" ATTACHED HERETO AND BY THIS REVERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE S. DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. PAUL L. BAKER L.S. 5878 DATE MY REGISTRATION EXPIRES 12/31/95 1JUfD� �; S.says l xao:uxalsvxv17oo2c.xrfl Nov+.b.x s, 1:�� ;� n�ti EXP.0*&, OP CA1. La FL 3lnotr 3 o to N eoS l *Z I t •!t•[t c � z A :Ii.6C�6 I+/�■ .iC6S f it M .6o't f r .l l.�C.9 w • N � 16770) z+GOOF•�� I �`/ �`—��� /0•� U r.4s' z 1 11�i �►��3J�48 ���� .. A ui HwOgg flow ui T �i I.ngN Y rMF• ~ 4 » +~+w NN O ► 0• MPT . a a + ' 2 1 ti I l j•N ei 0E. into .y4 C, n G a r r i•.s'f j' E !!1.ri•r r< 2rRr act. STo t ►r t•�tl•?T• t #Ta.tt•! a t aar+aso.*.br3 i�•?t3• � tf� Q p r•�S'?#• t e3�.te• 'TF'!fi M r•.3•st• c .Ta.rr `: k *�t++rf'pp�_°�• r.....�... . ,r.A. ......�...+4.•+.•.r..r.r .Z..ra:NT+ r:� o ........ �...,►.,....+.+"U.�y+ ��. e . • ..... .i 43'32, t t6i.t 3•... �.... .. N 1•IS't?' C 241.44• N PANCIM 6376 9 _ r.w�+...r...r.�..�..�rs.. ...++�. —a.....-- ►--.. ----r.r—w—r—.r w...--ram♦ �•� .p.�•'""'� fTl O.R. 12209 / 1726 �•. .e:----•- t� _.._ �.........._........�.......,,.....:..................�.........�..........,......�1 rt�• '`t' .T r. it Crty of fRvtw- fn +INi•�S 22• E 32106.%, r 3Q02# .r+�n.r i..+i++irw r......r�.l.•...r.4././..r�r r Frw,.r.r r.,.,....1..•. i,r4rrY.0 r.I...I..ir.i-r rM_..a,... r •.�....r o.R. 1047 $57 MACARTHUR BOULEVARD (OLEO) Q M i`1�'22' f 3206,14' SEE RIGHT OF WAY MAP Fl I9!-•4 � � .'„ w a► r t j a�i cr ,r w s � EXHIBIT C- I sff SxfEr 2 r I ro "INC pIttuKc rrr . =rar ro c u.a+ w• / r�aa c r.s•sr' c 133640 .F J rnr1 0 7ra•os• c 37.03 rllrs A r4•0!•f0• . rlr.ar rirrr .is•N•u• r ...07 u •!�• I a�usQ r 4rwr a 4H M rig • ■ss• !•r11 . 3L g �/J r r a o• r oa . a iiiii w ii*mil c i4:io • IJh 1 J O ' � h 3002.E J ! J '-• �' r��ir�rric���i�uMr*' `+��+tro'�"r ::''�r�`+ur++`�w�.`j 1 I _J 1• � ram' b� � �° 4 f jp v 1J ! t od. 6. It 7R.tCr No. J?3J9 `'i* J1/ 1 I4, .0 y r •��' • �, !-8 .',^ -Of P eh• 9.� / • /1 w FEE jI 40 ,4• s ov t 146n ALOCK 57 0 IRYIN •8 BdJBdIYIBION ���ii �% �;� %/ :i•1� \ ,otiy o PARaCL 63760-1 ye•� ���Js Q � � *: '• .��' 'ra 1 ,� O.P. !109I J 1938 ve 30028 In t,��.�� .00 � .,tip• , 1' � ,u� ,� `� i_i i,�• s 1 SEE WET f JOINT USE AGREEMENT 3002-C DATEo lr-s-s5 SHEET 3 OF 4 r � SEE SHEEr3 EXHIBIT C- 1 �•� ,4 T.P 0.8• a �6! ►• t� FEE ` for. 340086-2 '.� 1p 91 d y 3003c %. 4�\ ►da. r �a f V wi ' • �' •r �' a^•�I J �ytT N ti M �`"R � .as ,�, lI r.y I;l p b '' lS�• , M�' � R'w �P `�� ap �o�; '�.IJ J '�• Ivy`' J 6• I �� g� wcT►a O.``F�J�",►• t�•rye ! � MN O G 30023?-2 i CP8 lee �O .�•o'' 1'�I � I�l Jl may'' IJ v N 00 +,� �� �►�'�° /�� 3Ab237-� •�•'. 1RYINE'sOCX 47 �YJ9JL�Y /t'�• /�'�{ egti 41460 S. / lo. ILARIw6 OISTANX rm I, ,r54,3q, * 66.53 340237-3 ]OQ6 »o+ aM 6ros•rT• • tdoo r TSIo N rrs6'N• . 7l.21 1 ISOTs1I N 47,05,Is, • 0.24 PARM 63760-I Tsl♦ r tr 66.06• x 6J.34 + . O.?f. J1D91 / 1�58 '. TSII r IT•M•S1• . Ik.et TIM Is 6r•!I•T2• • ISO." ri l os N A$*Ir 22, [ 06.K htiN K.s•M•�' L - M30 illRtive fa+4T2� eked M mius DCLIA LDPPH Tm f+!f Iris T4 Wr (MISTS *LILT 10 T" Hats Q q4 "&Go ?.'St'sw *&so 0." CAL r u, • G� Tf? TAT oft tRIIC45 0�►�aTY IM/ p31 AM CC i•'�0'SS• 201.fa7 f0403 fw-i Tl 1 ! TMquMI l3� 1 ! .C►'ONfii .AT . T+ o+ar�lc f Ks rtH!RICMT Yr M _ C3i6 1H0.00 r4011•32" 141.04 10.l6 MCI$ Ito0.4o+ 16rpp•40.1 CNT.tt► 419361 o► JOINT USE AGREEMENT 3002-C DATE@ 11-5-96 SKEET 4 OF 4 CALIFORNIA CORRIDOR CONSTRUCTORS MIIFON�M`A Kiewit Pacific Co. /Granite Construction Company, A Joint Venture SAC ■ n■��■�i�^ �■���i�i 10:+i5iN pis February 1, 1996 Ms.Jean Quan Chief, Right-of-Way State Projects DEPARTMENT OF TRANSPORTATION 2501 Pullman Street Santa Ana, California 92705 Re: San Joaquin Hills Transportation Corridor Joint Use Agreement Mesa Consolidated Water District Crossing No. 3002 Dear Ms. Quan: Enclosed is the original executed Joint Use Agreement, dated October 25, 1995, which was recorded January 8, 1996 by the Orange County Recorder's office. Sincerely, Janie Pope utive Assistant J P:s Enclosure cc: John Carlson Mesa Consolidated Water District Connie Brochway City of Huntington Beach Winfield Wilson Nossaman, Guthner, Knox & Elliott Kristin Hemenway •- )P071 District Office: P.O. Box 1769. Vancouver, WA. 98668-1769. (206)693-1478, Fax (206) 693-5582 Project Office. P.O. Rox 57018. Irvine, CA. 92619-7018. (714) 753-1022, Fax(714) 753-1026 L U T { Recorded in the County of Orange, Ca I ifornia Orlglnal "f compared Wtt�t Gary L. Granvi I le, Clerk/Recorder c°`�' IIIf .����I �11I� 1I�1J11'1`C1;�11i:1!11I�G1� 1!If No Fee REVMING RECUIZSTEO 8 19960010717 4:24pm 01/08/96 DEPARTMENT OF M"`SPORT. e05 22004228 22 18 WHEN VECORDED MAILT Al2 17 7.00 48.00 0.00 0.00 0.00 51.00 STATE OF CALIFORNIA Recorded By and DEPARTMENT OF TRANSPORT ---. When Recorded Mail To: 2501 PULLVPN STREET S nTLEs&ESCROW$5EM IA � Space ve This Line For Recorder's Use Qnly SAN JOAQUIN HILLS TIZANSPORTATION CORRIDOR AGENCY JOINT USE AGREEMENT -- I"CODE SECTfON THIS JOINT USE AGREEMENT (this "Agreement'), entered into this a � day of Oc ,,> b-.L , 19 q 1(' , by and between the MESA COuScr,TDATM wATFR DISTRICT, a county water District, and the CITY OF HUNTINGTON BEACH, a political subdivision of the State of California, hereinafter collectively referred to as the "Owners", and the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter called the "STATE" is as follows: WITNESSETH 'WHEREAS, Owners are in possession of certain rights of way and easements, hereinafter referred to as "Owners' Easement" and described as follows: That Easement Deed granted to the Owners, dated August 7, 1964, as recorded with the Orange County Recorder's office on September 24, 1964, in Book 7232, page 711, which Easement Deed is incorporated herein by this reference and correspondingly made a part hereof; WHEREAS, Owners maintain certain facilities within the Owners' Easement as part of Owners' operations; and WHEREAS, the State has acquired certain lands for the purpose of constructing thereon a portion of the highway known as the San Joaquin Hills Transportation Corridor (the "Corridor") in the vicinity of Bison and MacArthur, City of Irvine, County'of orange, said lands are hereinafter referred to as the "Corridor Right of Way", which Corridor Right of Way is subject to Owners' Easement; and - 1 - WHEREAS, Owners' facilities within the Owners' Easement in the Corridor Right-of- Way will interfere with or obstruct the construction, reconstruction, maintenance or use of the Corridor, and the State desires to arrange for the elimination such interference or obstruction; and WHEREAS, the Owners and the San Joaquin Hills Transportation Corridor Agency, a joint powers agency in order to accomplish the mutual objective of eliminating the above- referenced conflict, have entered into that Agreement entitled "San Joaquin Hills Transportation Corridor Utility Agreement No. 3002" dated as of_ April _ , 1995 (the "Pipeline Relocation Agreement'), which is incorporated herein by this reference. NOW, THEREFORE, OWNERS AND THE STATE HEREBY MUTUALLY AGREE AS FOLLOWS: 1. The location of Owners' Easement insofar as it now lies within the Corridor Right of Way shall be and is hereby changed to the strip of land within the Corridor Right of Way hereinafter referred to as "New Location", as described in Exhibit "1", attached hereto and made a part hereof by this reference. 2. Owners' facilities now installed pursuant to Owners' Easement within the Corridor Right of Way have been, or will be, relocated and reconstructed on behalf of Owners to the New Location. The Owners will surrender and quitclaim to the State all of the Owners' right, title and interest under and by virtue of the Owners' Easement in the old location within the Corridor Right of Way and not included in the New Location. Owners hereby consent to the construction, reconstruction, maintenance and use by the State of the Corridor over, along and upon Owners' Easement both in the old location and in the New Location within the Corridor Right of Way, upon and subject to the terms and conditions herein contained. 3. The State acknowledges Owners' title to Owners' Easement in the New Location and the priority of Owners' title over the title of the State therein until abandoned or extinguished by the Owners. The Owners have and reserve the right and easement to use, in common with the public's use of the Corridor, the New Location for all of the purposes for which Owners' Easement was acquired, without need for any further permit or permission from the State. Except in emergencies, Owners shall give reasonable notice to the State before performing any work on Owners' facilities in the New Location where such work will be performed in, on or over the traveled way or improved shoulders of the Corridor or will obstruct traffic. In all cases, Owners shall make adequate provision for the protection of the •' traveling public. 4. In the event that the future use of said Corridor Right of Way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Owners' facilities then existing in said New Location, the State shall notify the Owners in writing of such necessity and agree to advance or reimburse the Owners, as Owners and the State may agree, on demand for the Owners' reasonable costs incurred in complying with such notice. - 2 - Prior to commencing relocation the Owners will provide the State with plans of such proposed rearrangement and an estimate of the costs thereof and, upon approval of such plans by the State, Owners will promptly proceed to effect such rearrangement, relocation, reconstruction or removal at such times as are agreed to by Owners and the State. No further permit or permission from the State for such rearrangement shall be required and the State will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Owners' facilities within said Corridor Right of Way, (2) provide executed document(s) granting to Owners good and sufficient easement outside of the Corridor Right of Way if necessary to replace Owners' easement or any part thereof, and (3) advance or reimburse Owners, as may be agreed, for any costs which it may be required to expend to acquire such easement, provided that it is mutually agreed in writing that Owners shall acquire such easement. 5. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of Owners' Easement. Both the State and Owners shall use the New Location in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Owners or the State may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either the State or Owners in such a manner as to cause an unreasonable interference with the use of the New Location by the other party. 6. This Agreement shall inure to the benefit of and be binding upon the successors, assigns and transferees of all parties hereto. - 3 - IN %VITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their respective officials thereunto duly authorized. STATE: OWNERS: RECOMMENDED FOR APPROVAL: MESA CONSOLIDATED WATER I TRI 0 /lip 7qo 9)V 4"�' §UtReviewer B , Title: Board President G. Mattocks. Chief ary OF HUNTINGTON-BEACH: Utilities Relocation Branch Right of Way and Asset Management Program APPROVED AS TO FORM AND By: PROCEDURE: Title: C Sf Attorney, Department of Transportation STATE: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION: Attorney in Fact Denny Shields , Program Manager Right of Way and Asset Management .. - Joint Use Agreement Signature Page - STATE OF CALIFORNIA ) SS. COUNTY OF ) On .��a SM before me, J ! ` fvcta.Y 1� ' cr (here insert name and title of the officer), personally appdared . ct n S c�. , personally known to me (erg tt-the basi"f-satisfartery-evideocc) to be the person(4 whose name(s) Ware-subscribed to the %knthin instrument and acknowledged to me that helsh&k-hey executed the same in his/lwfA4x authorized capacity(DBs), and that by his/her!h& signature(Q on the instrument the person(, or the entity upon behalf of which the person(k) acted, executed the instrument. WITNESS my hand and official seal. Signature L fr�ii c4.c� � GC/ (SEAL) JANET L.MAYFIEID i ( •t CO-M.M.0 963914 Nato Pubic _ ry ub.ic—CcGto:nia 3 ORANGE COVNN htv Comm.Exokei MAY 1,1996 STATE OF CALIFORNIA ) ss. COUNTY OF _w ) On 95 befor e e , (here insert nam and ' e of the o cer), persoffally appeared +t' to me to be th6 personUs whose name(s)Ware subscribed to the within instrument and acknowledged to me that 1ekhey executed the same in#'1At their authorized capacity ies , and that by hisAwAheir signatureu on the instrument the persona, or the entity upon behalf of which the personaacted, executed the instrument. WITNESS my hand and official seal. • Signature (SEAL) MAYBRICE L JOHNSON comm.i 991US Notary Pubic—Ca1f'amia ORANGE COUICY W Comm.EV1res MAY 11.1997 STATE OF CALIFORNIA ) ss. COUNTY OF _ .SAC��oLy j7o ) On �C.� �_a2�; I?fJ' before me, (here insert name and title of the officer), personally appeared personally known to me { e to be the person(,whose name(i) is/a o subscribed to the within instrument and acknowledged to me that he/3hcbJ=y executed the same in his/hefthe r authorised capacity(iq), and that by his/be - signature(P on the instrument the person(IQ, or the entity upon behalf of which the person(' acted, executed the instrument. WITNESS my hand-and official seal. Signature (SEAL) DOROTHY OTO Comm a ia'�a541134 3 •• NaTMY PUBLIC•01FORM ' n skrawmo cowry EXHIBIT "1" MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION, SITUATED PARTLY IN THE CITY OF NEWPORT BEACH AND PARTLY IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 11 PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 30221-2 (JOINT USE AGREEMENT) A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE: COMPiENCING AT AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTED TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF •_ HUNTINGTON BEACH AS RECORDED 1:: BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF A LINE BEING DESCRIBED AS SOUTH 16052105" EAST, 2030.40 FEET; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16006'45" WEST, 51.73 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769-1 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 122891 PAGE 1726 . OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID EASEMENT THE FOLLOWING TWO COURSES: SOUTH 16006'45" EAST, 51.73 FEET; SOUTH 18051100" EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769-1, SAID WESTERLY LINE BEING DESCRIBED AS SOUTH 01043/22/' WEST, 933 .51 FEET; THENCE SOUTHERLY ALONG SAID PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH O1043132" WEST, 736.44 FEET; SOUTH 24020119" WEST, 83.56 FEET; SOUTH 01043132" WEST, 466.13 FEET; SOUTH O1045122" WEST, 264.84 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 01-52150" EAST, 304.40 FEET; THENCE SOUTH 28007"10" WEST, 43.48 FEET; THENCE SOUTH 01045122" WEST, 133.44 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 65.00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769-1, SAID LINE BEING DESCRIBED AS SOUTH 14047110" WEST, 470.01 FEET; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 14°47'20" WEST, 243.83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769-1, SAID LINE BEING DESCRIBED AS SOUTH 44-27'421, ' EAST, 231.21 FEET; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 44°27'32" EAST, 375.83 FEET; p ' EXHIBIT 1 . THENCE LEAVING SAID PARALLEL LINE SOUTH 13958IF54" EAST, 329.56 FEET TO THE POINT OF TERMINATION OF THIS EASEMENT, SAID POINT OF TERMINATION BEING ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1690.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 65026106" WEST. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED SO AS TO TERMINATE NORTHERLY ON THE WESTERLY LINE OF SAID PARCEL 63769-1. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE SHORTENED SO AS TO TERMINATE SOUTHERLY ON THE AFOREMENTIONED CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1690.00 FEET. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 6 Q_� "e 42,& - PAUL L. BAKER L.S. 5878 DATE MY REGISTRATION EXPIRES 12/31/96 p lLANO��, L3.6378 EV.0k6i,��$:�, .- jr Ip 7 ►1! ' �Iti • J, I.� N� A A I [ z! X ' A I ► N F ' W x A ' 132 N " r- CD d rrr A U:L 0 01 Ir1 r xrrr < OYii 0 CO lk to 00 us it, Sw "'•"'�4: 1 p A I p!° r / ' I,•I r 1ll I iDOTBatL i I fl0 2 a � r � � i rj! Q a•�,., p • „ 1 ( 0, 0 - ►► 4�b '���: t'tio ,c , 0 •4 �� — IIIJ 30 rrr • , v 4 `' �. ri1-� � 77i _- •.�r� ,;0-"AA! ' 1 ` N ��j01� O 000 00 0 i1i �' �''' 'O—�� �� ��- -'7�`--�11 - r 1s a� ti�l s•ca No .�� H c? 4 0 O O O 000 r rrr;' • , ' —NJ O9. 100 O � — Irr ; -I r+.�,+ -'`+1w•+.~'. •�:+(�Hr y Orr h�r..�0.•jl).Q �� > �-✓tye T,gV 1► r + 40 I1JiLLE 110 O -'C1 � V ` �'~�~•�"`•:.• _ ASp- -%m., �+'•rsssr.�+•r"'_ ITI 0 v O - '�•+• `. -- �� �``�.� �. o rr_ ,� .ram ram..=-�' ._._.�-'y.��t���-•- f - -'' +� �'+•+.� ``ram N `'+•�2�. 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'! ),L,t .]�\�; \ Sh~ \` 4 f} \\ \\\ \ \ / v►• �_�OS / / /! \ \ ,s \\ L Of I ` •901Cd s►/ , \ N;�"H prsu- r _ w d ko ALL etzit t -L SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR UTILITY AGREEMENT NO. 3002 s t SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR UTILITY AGREEMENT NO. 3002 TABLE OF CONTENTS ARTICLE I. GENERAL. INTENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1.1. General Intent-Relocation of Water Transmission Line . . . . . . . . 2 Section 1.2. Liability for Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 11. DEPOSIT OF COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.1. Deposit of Mesa Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.2. Accounting Following Acceptance - Mesa Costs . . . . . . . . . . . . 4 Section 2.3. Reimbursement for Inspection Costs After Formal Acceptance of the Relocation Project . . . . . . . . . . . . . . . . . . . 4 ARTICLE III. PROJECT DESIGN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 3.1. Preparation of Plans and Specifications . . . . . . . . . . . . . . . . . 5 Section 3.2. Preparation of Geotechnical Report/Geologic Requirements . . . . . 5 Section 3.3. Supporting Documentation for Plans and Specifications . . . . . . . 6 Section 3.4. Approval of Plans and Specifications . . . . . . . . . . . . . . . . . . . 7 ARTICLE IV. PROPERTY RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 4.1. Acquisition and Conveyance of Easement Rights . . . . . . . . . . . 7 Section 4.2. Title: Policy Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 4.3. Mesa Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE V. PROJECT CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 5.1. Retention of Contractors by CCC . . . . . . . . . . . . . . . . . . . . . 10 Section 5.2. District Access and Right to Inspect . . . . . . . . . . . . . . . . . . . 11 Section 5.3. Coordination During Construction . . . . . . . . . . . . . . . . . . . . 12 Section 5.4. Connection to Mesa Facilities . . . . . . . . . . . . . . . . . . . . . . . 13 Section 5.5. Responsibility for Governmental Permits . . . . . . . . . . . . . . . . 14 Section 5.6. Ownership of Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE VI. BONDING AND INSURANCE REQUIRENIENTS . . . . . . . . . . . . . 15 Section 6.1. Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.2. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.3. Insurance Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - i - ARTICLE VII. INDEMNIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 7.1. Indemnification by CCC . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 7.2. Indemnification by Mesa . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 7.3. Agency Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 7.4. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE VIII. WARRANTIES AND GUARANTEES . . . . . . . . . . . . . . . . . . . . 20 Section 8.1. No Liens on Materials, Supplies or Equipment . . . . . . . . . . . . . 20 Section 8.2. Quality of Materials and Work . . . . . . . . . . . . . . . . . . . . . . 21 Section 8.3. Guarantee of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE IX. ACCEPTANCE OF PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 9.1. Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 9.2. Formal Acceptance and Ownership of the Project . . . . . . . . . . 23 Section 9.3. Responsibility for Abandoned Fixtures . . . . . . . . . . . . . . . . . . 24 ARTICLE X. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 10.01. Compliance with California Environmental Quality Act . . . . . . 24 Section 10.02. Work Performed at no Cost to Mesa . . . . . . . . . . . . . . . . . 24 Section 10.03. Betterments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 10.04. Breach of Conditions and Opportunity to Cure . . . . . . . . . . . 25 Section 10.05. Reimbursement as Between Agency and CCC . . . . . . . . . . . 25 Section 10.06. Assumption of Obligations by Agency . . . . . . . . . . . . . . . . 26 Section 10.07. Reference to Contract No. S90-19 . . . . . . . . . . . . . . . . . . . 26 Section 10.08. Termination or Cancellation . . . . . . . . . . . . . . . . . . . . . . 26 Section 10.09. Nondiscrimination Clause . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 10.10. City as a Third Party . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 10.11. CCC as Independent Contractor . . . . . . . . . . . . . . . . . . . . 30 Section 10.12. Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 10.13. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 10.14. Captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.15. Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.16. Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 10.17. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 10.18. Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 10.19. Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 10.20. Severability . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . 33 Section 10.21. Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 - ii - 1 r jr Section. 10.22. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 10.23. Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 10.24. Warranty of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 10.25. Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 10.26. Execution of Counterparts . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 10.27. Signatories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 - iii - l l SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR UTILITY AGREEMENT NO. 3002 DATED: THIS AGREEMENT (the "Agreement") is made and entered into as of the date specified above by and between the San Joaquin Hills Transportation Corridor Agency, a joint powers agency (the "AGENCY"), California Corridor Constructors, a joint venture of Kiewit Pacific Co. and Granite Construction Company ("CCC"), the Mesa Consolidated 'Water District, a county water district, organized pursuant to Water Code Sections 33200 and following, and operating pursuant to Water Code Sections 30000 and following ("MESA") and the City of Huntington Beach, a political subdivision of the State of California (the "CITY"). REMALS A. AGENCY proposes to construct that certain major thoroughfare and associated bridges known as the San Joaquin Hills Transportation Corridor (the "CORRIDOR"), and has delegated to CCC the authority and responsibility to cause the relocation or modification of utilities which, in their present location, interfere with the CORRIDOR. Together with the CITY, MESA owns and maintains: a 42-inch water transmission pipeline as shown in ExWbit "A", attached hereto and incorporated herein by this reference (Crossing No. 3002) (in some instances referred to as the "Facilities").' The Facilities are owned and operated pursuant to a joint use agreement entered into, and subsequently amended, by and between MESA and the CITY. Pursuant to the provisions of such joint use agreement MESA has the responsibility for the maintenance of such Facilities and as such is entering into this Agreement on behalf of itself and the CITY with the CITY's consent. B. The Facilities require relocation to accommodate the CORRIDOR project. MESA and the CITY previously installed the Facilities pursuant to an easement granted to MESA and the CITY by way of that certain document, which was recorded in the Official - 1 - SAKW&GlRLVre&W54.08 12M M58-8W94-Fra! Records of the County of Orange, California, on September 24, 1964, in Book 7232, Page 711, of Official Records of the County of Orange (hereinafter referred to as the "Easement"). BASED ON THE FOREGOING RECITALS, AND THE COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES TO THIS AGREEMENT DO AGREE AS FOLLOWS: ARTICLE_I. GENERAL,INTENTION. Section 1.1. General Intent-Relocation of Water Transmission Line. In order for CCC to construct the CORRIDOR project without unreasonably impairing the ability of MESA to operate and maintain the Facilities, CCC is willing, at its expense, to relocate the Facilities to a different location mutually acceptable to MESA, CCC and AGENCY. As part of this Agreement, CCC recognizes the importance of the Facilities to MESA as a primary source of water for service to MESA's customers. MESA, AGENCY and CCC each recognize that it is essential that the relocation be accomplished with minimal interruption to MESA's operations, and in accordance with the construction schedule for the CORRIDOR project. In accordance with Notice to Mesa No. 3002, dated April 6, 1993, CCC shall relocate MESA's 42-inch domestic water line to the location shown on Exhibit "A", attached hereto. The removal/abandonment, capping and relocation of the Facilities is hereinafter collectively referred to as the "Relocation Project". The relocated water line, and appurtenant facilities, are in some instances referred to as the "Relocated Facilities." Section 1.2. LiabilitY The Facilities are located in their present position pursuant to rights prior and superior to those of AGENCY and will be relocated at CCC's sole expense. MESA shall - 2 - BAKW&GMEA/m/8454.08 12003 M58-W6194-Final have no liability whatsoever for any costs of the Relocation Project, including, but not limited to, change orders (other than betterments (as identified in Section 10.03, hereof)). ARTICLE II DEPOSIT OF COSTS. Section 2.1. Deposit of Mesa Costs. All actual and reasonable administrative, inspection, engineering and legal costs incurred by MESA as a result of the Notice to Relocate dated April 6, 1993, to review, study and/or prepare relocation plans and estimates for the Relocation Project or otherwise related to this Agreement or the Relocation Project will be paid by CCC to MESA in accordance with the following procedures; pursuant to a letter agreement, dated March 8, 1994 (which is hereby incorporated by this reference), between MESA and CCC, CCC has deposited with MESA the sum of Fifty Thousand Dollars ($50,000) to pay for the actual and reasonable design, engineering, administrative, inspection, engineering and legal costs expended or anticipated to be incurred by MESA as specified in this Section. In the event that the amount of Fifty Thousand Dollars ($50,000) is determined by MESA to be insufficient to cover all actual and reasonable costs for the design, engineering, administrative, inspection, engineering and legal services of MESA in connection with the Relocation Project, CCC shall promptly make, upon being provided adequate evidence by MESA of required additional costs, additional deposits in the amount approved by CCC within ten (10) days of written approval by CCC. In order to avoid a situation where the deposit amount will be insufficient to cover the above-referenced costs, the MESA shall provide notice to CCC at least ten (10) business days prior to any date on which MESA anticipates the then-current amount of the deposit will be expended. MESA agrees that at such time(s) that it shall provide a general breakdown or printout of how the prior deposit(s) have been expended by Mesa for its costs as set forth above. Notwithstanding any provision herein to the contrary, CCC shall not undertake, or continue with, any work on the Relocation Project unless and until there are adequate funds on deposit with MESA to cover MESA's costs of inspection of the Relocation Project. Notwithstanding any provision herein to the contrary, MESA shall be under no obligation to perform any work on any aspect of the Relocation Project unless and until there - 3 - BAKW&G/REA/res/8454.08 12003 M58-8/26/94-Final are adequate funds on deposit with MESA to cover MESA's actual costs of such work, as provided for in this Section 2.1. Section Accounting FolIQ Ing Acceptance - Aiesa C9.g5. MESA shall, within thirty (30) days of formal acceptance of the Relocation Project, as set forth in Section 9.2 hereof, provide CCC with a full accounting for all monies received by MESA from CCC with respect to the Relocation Project, the expenditure of such funds by MESA, and the return of such funds to CCC as provided for in the following sentence. Any sums deposited by CCC with MESA which remain unexpended shall be refunded to CCC within thirty (30) days of formal acceptance of the Relocation Project, or any portion thereof with respect to the Facilities, by MESA, as set forth in Section 9.2, hereof. Such costs include actual and reasonable design, engineering, administrative, legal, inspection and related expenses directly attributable to the Relocation Project including. but not limited to, the preparation of this Agreement inclusive of attachments and exhibits. Section 2.3. Reimbursement Relacation 'eCt. The parties to this Agreement specifically recognize, and agree, that following formal acceptance of the Relocation Project by MESA that additional work will be performed by CCC over and near the Relocation Project as part of the completion of the CORRIDOR project. Such additional work will require a reasonable amount of inspection by MESA when CCC. or any of its contractors or subcontractors, are working in such areas to insure that the Relocation Project is not damaged or disturbed as a consequence of such work. Any work performed, or to be performed, over or near the Relocation Project which is not performed by CCC, CCC's contractors or subcontractors or other parties not under the control of CCC, shall not be subject to this Section 2.3. Notwithstanding that the final accounting pursuant to Section 2.2, hereof, may have been completed, MESA may invoice CCC for the reasonable costs of inspections conducted pursuant to this Section 2.3. MESA shall also provide a brief description of the inspection services for which such invoice is presented. CCC shall pay such invoices within fifteen (15) business days of their presentation by MESA. - 4 - BAKW&G/RFA/res/8454.08 12003 M58-8W94-Final ARTICLE III. Section 3.1. PPr jDarat(on of_Plan5 and Specifications. MESA shall cause plans and specifications for the Relocation Project to be prepared. The plans and specifications shall provide for the Relocation Project to be constructed and Iocated in the alignments as generally set forth in Exhibit "A", attached hereto and incorporated herein by this reference. Exhibit "A" may be amended with the written consent of AGENCY, CCC and MESA. All plans and specifications shall comply with the requirements of this Agreement, MESA's standard requirements and with the Caltrans Standard Specifications and other applicable Caltrans and AGENCY rules, regulations, policies, and procedures, and with all other applicable laws, rules, and regulations. In the event of a conflict between the requirements of MESA, Caltrans and the AGENCY, the parties shall consult with each other in order to reach mutually satisfactory Relocation Project plans and specifications. Section 3.2. Prenaration of_Geoterhnical RepoaGeologic-Requirements. As part of the preparation of such plans and specifications CCC shall, at its sole cost and expense, retain a registered geotechnicai engineer who shall: (a) Evaluate the soil conditions along the alignment for the proposed relocation of the Facilities; (b) Evaluate settlement monitoring data obtained from surface monuments established along the alignment for the relocation of the Facilities and provide an estimated long-term settlement profile for use in the design of the relocation of the Facilities; (c) Observe that the trench for the relocation of the Facilities has been excavated in suitable material; and - 5 - BAKW&GIRE /res/8454.08 12003 MSS-8r26/94-Final (d) Observe and test the pipe zone and trench backfill for compliance with the Relocation Project plans and specifications. A soils-grading report shall be prepared by the geotechnical engineer. The report shall include the locations and elevations of field density tests, summaries of field and laboratory tests, settlement monitoring data, and other substantiating data and comments on any changes made during grading and the effect of these matters on the recommendations made in the soils engineering investigation report. The geotechnical engineer shall render a finding as to the adequacy of the site for the intended use. CCC shall retain a registered engineering geologist to inspect and map bedrock exposed during the site grading. Such registered engineering geologist shall prepare a geologic-grading report which includes a final description of the geology of the site and any new information disclosed during the grading and the effect of the same on the recommendations incorporated in the approved grading plan. The engineering geologist shall render a finding as to the adequacy of the site for the intended use as affected by geologic factors. In this regard, it is specifically acknowledged at this point that the 42-inch pipeline over a portion of its length (which includes the portion to be relocated pursuant to this Agreement) closely parallels a portion of a water transmission pipeline owned by the Metropolitan Water District of Southern California ("MWD"). The MWD pipeline is also being relocated as part of the CORRIDOR project. To the extent that the Relocation Project and the relocation of the MWD pipeline closely parallel each other, the parties recognize that a single geotechnical/geologic engineer and/or report may be sufficient to satisfy the geotechnical requirements of this Section. Section 3.3. Supporting Documentation for Plans and Specifications. CCC shall also submit on a timely basis to MESA any and all maps, plans, grading profiles, soil reports, title reports and any other dated information required by this Agreement - 6 - BAKwd;W A/m/9454.08 12003 M58-&26l94-Final as may be requested by MESA for its design and preparation of the plans and specifications for the Relocation Project. All reasonable costs incurred for the design and preparation of plans and specifications for the Relocation Project shall be subject to the provisions of Article II, hereof. Section 3.4. Approval of Plans and Specifications. All plans shall be subject to the approval of CCC, which approval shall not be unreasonably withheld. MESA shall cause the plans and specifications to be revised in a manner mutually acceptable to all parties in light of comments from CCC and the reasonable requirements of the CORRIDOR project. Following receipt of MESA's resubmitted plans and specifications, CCC shall, in writing, approve or disapprove said plans and specifications. In the event that the parties, after all reasonable and good faith efforts have been undertaken to do so, are unable to mutually agree on plans and specifications, the parties shall, at CCC's cost, retain an independent third party engineer, acceptable to all parties, to review the then-existing plans and specifications and consult with the respective parties to receive their comments and requirements in such regard. Such engineer shall have the final determination as to all remaining disputed matters. ARTICLE IV. PROPERTY RIGHTS. Section Ad. AcQulsition .and Conleyance of Easement Ri¢hts. AGENCY will acquire new rights-of-way in the name of either AGENCY or MESA, at no cost to MESA, through negotiation or condemnation and, when acquired in AGENCY's name, shall convey same to, or secure for. MESA and the CITY by Easement Deed(s) or shall, in the case of property owned by Caltrans, shall arrange for execution of a Joint Use Agreement as discussed in this Article. The form of such Easement Deed(s), or Joint Use Agreement(s), as the case may be, shall be in a form approved by MESA. The form of the Joint Use Agreement is attached hereto as Exhibit "B" and is incorporated herein by this reference. The easement(s) necessary for the Relocation Project, exclusive of area(s) where a Joint Use Agreement shall be applicable, may in some instances be referred to herein as the - 7 - BAK W&GIREA/res/8434.08 12003 1+158-8f26I94-Final "New Easement." Exact legal descriptions of the foregoing shall be subject to the written approvals of AGENCY and MESA which shall not be unreasonably withheld or delayed. Section 4.2. Titie Policv_Process. Concurrent with, or prior to, the tender to MESA of the Joint Use Agreement executed by Caltrans, and the New Easement(s), or equivalent satisfactory to MESA, (as referenced in Section 4.1, above), the AGENCY shall furnish to MESA, at no cost to MESA, a current preliminary title report describing the interests and parties, if any, having any interest in the land covered by the New Easement(s) and Joint Use Agreement (as discussed below). If the New Easement(s), supporting title information and status of the title are reasonably satisfactory to MESA, and provided that the New Easement or Joint Use Agreement is not subject to any encumbrances, interests or uses which might adversely impact or interfere with the Facilities or the use of the New Easement by MESA and the CITY, MESA shall accept the New Easement or Joint Use Agreement, on behalf of MESA and the CITY, and shall cause the New Easement or Joint Use Agreement to be recorded. In the event that AGENCY is unable to furnish a New Easement or Joint Use Agreement reasonably satisfactory to MESA, or in the event that MESA reasonably determines that the supporting title information is unsatisfactory or if MESA reasonably determines that the AGENCY is unable to provide the New Easement or Joint Use Agreement free of any encumbrances, interests or uses which might adversely impact or interfere with the Facilities or the use of the New Easement or Joint Use Agreement by MESA and the CITY and AGENCY is unable or unwilling to correct such defect(s), MESA shall notify the AGENCY and CCC in writing of its desire(s), and if so determined by MESA, this Agreement shall terminate and MESA shall, within thirty (30) days of receipt of written notice from CCC, refund to CCC any sums remaining on deposit pursuant to Article II which are not needed to pay for the administrative, inspection, engineering and legal costs incurred by MESA up to the date of such written notice. BAKW&G/RE /res'8454.08 12003 M58-8126t94-Final . r MESA and the AGENCY agree to take such other and further actions as are reasonably necessary or useful to coordinate the title review and approval process set forth in this Section 4.2. Within thirty (30) days of the date of acceptance by MESA of the New Easement and the Joint Use Agreement, AGENCY shall furnish, at no cost to MESA and the CITY, a CLTA policy of title imsurance naming MESA and the CITY, in the face amount of Six Hundred Ninety-Seven Thousand Six Hundred Fifty Dollars ($697,650), issued by a title insurance company acceptable to MESA and the CITY, insuring the rights conveyed to them by the New Easement. Where MESA has prior rights in lands which are owned by Caltrans and where MESA's facilities will remain on or be relocated within such land, a Joint Use Agreement ("Joint Use Agreement" or "JUA") shall be executed by Caltrans, MESA and the CITY. Exact legal descriptions of the foregoing shall be subject to the written approvals of CaItrans and MESA which shall not be unreasonably withheld or delayed. Section4.3. iesa uitclaim Deed. Concurrently with acceptance of the Relocation Project (or any of the Facilities and their related right-of-way), and the execution of the Joint Use Agreement in accordance with Section 4.2, MESA and the CITY shall execute a quitclaim deed in the form attached hereto as Exhibit "C", and incorporated herein by this reference, conveying to the record owner(s) all of MESA's and the CITY's right, title and interest in and to the following described real property: (1) As to Crossing No. 3002, MESA's and the CITY's interest in the easement within which the 42-inch water line is located, except for that portion subject to the Joint Use Agreement. Exact legal descriptions of the foregoing shall be subject to the written approvals of AGENCY and MESA which shall not be unreasonably withheld or delayed. The Quitclaim deed provided by MESA and the CITY shall not be recorded until such time as the connection to the Relocated Facilities has been made in accordance with the provisions of Section 5.4, hereof. - 9 - BAKW&G/REA/res/8454.08 12003 M58-8126M-Final ARTICLE V. PROJECT COS,SIR ZCTIQN. Section 5-1. Retention of Contractors by_ CCC. CCC shall itself construct; or employ a contractor or contractors to construct, the Relocation Project and all work shall be performed in strict accordance with the approved plans and specifications. In the event that CCC employs a contractor or contractors to construct the Relocation Project, CCC shall, at least thirty (30) days prior to the commencement of construction, notify MESA in writing of the contractor or contractors proposed to be employed by CCC and also contractors who perform in excess of one half of one percent (0.5%) of Relocation Project construction, and MESA shall have fifteen (15) days from the date of receipt thereof in which to notify CCC in writing of the approval by MESA of such contractors and subcontractors; provided, however, that such approval shall not be unreasonably withheld. Should MESA fail to respond within said fifteen (15) day period, MESA shall be deemed to have approved said contractor(s) and/or subcontractor(s). CCC shall promptly furnish to MESA all shop drawings and all invoices, bills and other documents from CCC's contractors, suppliers and subcontractors confirming the types, form and quantity of materials, parts and equipment delivered, produced or installed in connection with the construction of the Relocation Project. MESA shall, upon request, be entitled to review, inspect and photocopy all or any part of each contract entered into between CCC and each contractor and/or supplier for the performance of any work or the furnishing of any materials in connection with the construction of the Relocation Project. MESA shall have the right to inspect the work and the milling/fabricating of the pipe to be installed as part of the Relocation Project during construction of the Relocation Project. MESA shall have the right, in its discretion, to retain an independent contractor to conduct such inspection by or on behalf of MESA. Such inspection shall be subject to the provisions of Sections 1.2 and 2.1 of this Agreement. - 10 - BAKW&G/REA/res18454.08 12003 M58-=6194-Final ,Section 51. District.&cess andRight tolnspirSA. MESA and AGENCY shall have access to all phases of the relocation work and all construction records and reports for the purpose of inspection to ensure that the work is in accordance with the approved plans and specifications. Any provision to the contrary notwithstanding, CCC shall not backfill over any of the Relocated Facilities until such time as such Relocated Facilities are inspected by MESA. In light of the foregoing sentence, MESA shall inspect the Relocated Facilities with reasonable diligence to allow CCC to backfill without unnecessary delay. CCC shall promptly notify the MESA District Engineer of unreasonable delays in such inspection, if applicable, prior to any backfilling of the Relocated Facilities. Questions by MESA, or MESA's inspector(s), regarding the work being performed pursuant to this Agreement shall be initially directed to the CCC Section Quality Control Manager or an officer of CCC who has the authority to order changes in order to construct the Relocated Facilities according to the plans and specifications approved pursuant to Article III hereof. The CCC Section Quality Control Manager shall promptly consult with the MESA inspector(s) and/or representative(s) to address MESA's concerns. If such consultations do not result in a resolution of the matter to MESA's satisfaction the Utility Manager and Deputy Project Manager of CCC shall, upon MESA's request, promptly consult with the District Engineer of MESA to address MESA's remaining concerns. It is the desire of MESA and CCC to resolve construction questions by informal consultations and corresponding actions as part of this Agreement. After consultation and consideration, CCC shall have the right to direct the work, provided that the work shall be performed in accordance with the terms of Section 5.1, above, and this Section. In the event of an emergency, as determined in the reasonable discretion of CCC's designated representative, where prompt action is necessary to protect the CORRIDOR or the Relocation Project. CCC shall have the right to direct the work without consultation on MESA's questions. CCC shall promptly notify MESA in writing of any emergency action taken. All work in connection with construction of the Relocation Project shall be performed in a workmanlike manner and in accordance with industry standards of construction quality. CCC shall also comply with the requirements of Section 8.2 of this Agreement. Any - 11 - snxw&cRtEA/ms/9454.08 12003 N158-8126194-Final Relocation Project construction work reasonably determined by MESA to be inconsistent with the plans and specifications or defective shall be promptly remedied or replaced at no cost to MESA or the CITY. The parties at this point specifically reference the provisions of Section 9.2, hereof. It is specifically and expressly acknowledged by CCC and AGENCY that MESA shall be under no obligation to accept the Relocation Project, or any portion thereof, if CCC fails to comply with the provisions of this Section 5.2, or if it is defective or does not strictly conform to the plans and specifications approved pursuant to Section 3.4. hereof, as amended pursuant to the following paragraph. All change orders, or other deviations, from the plans and specifications, approved pursuant to Section 3.4 of this Agreement, shall be approved of, in writing, by MESA prior to any work on such change order or deviation commencing. MESA's approval shall not be unreasonably withheld. Requests for approval of such change order(s), or deviations(s), shall be submitted in writing to MESA pursuant to Section 10.13, hereof. MESA shall approve or deny such requests within fifteen (15) calendar days of their receipt by MESA. In the event that MESA does not deny or object to such request within such time period, MESA shall be deemed to have consented to such request. MESA, AGENCY and CCC acknowledge that the timely completion of the CORRIDOR will be influenced by the ability of MESA, AGENCY and CCC to coordinate their activities, communicate with each other, and respond promptly to reasonable requests. In addition to conforming with the plans and specifications and furnishing reports as set forth above in this Agreement, CCC agrees to notify MESA of all relevant information regarding the Relocation Project. CCC shall also, in as timely a manner as reasonably possible, provide MESA with other information pertinent to the Relocation Project. MESA, AGENCY and CCC agree to take all steps reasonably required to coordinate their respective duties hereunder in respect to such relocation in a manner consistent with CCC's current and future construction schedules for the CORRIDOR. - 12 - Bh 3GfRFA/reV&454.08 12003 M58-8R6J94.Final Sgction5.4. Connection to Afesa Facilities. It is recognized that the Relocation Project may require the temporary suspension of water deliveries through the 42-inch water transmission line and that the Relocation Project construction activities must be prosecuted and completed in such a way as to result in minimal disruption in water supply to MESA and its customers. CCC and MESA shall cooperate to schedule such water delivery suspension in order to cause the least practicable disruption to the water delivery operations of MESA. In no event shall any connection to the 42-inch line be made during the period of April 15 through October 15. Notwithstanding the foregoing, the parties acknowledge that the San Joaquin Reservoir is scheduled to be shut down, for a period of time, for renovation. CCC may make connection(s) to the 42-inch line at any time if, during the entirety of time consumed by such connection, (i) the San Joaquin Reservoir is out of service; and (ii) MESA, in its discretion, determines that the 42-inch line shall not be otherwise necessary for its operations or for water importation or transmission purposes. MESA shall be notified in writing at least fifteen (15) days prior to the date on which CCC desires to make a connection to the 42-inch water transmission line. Within five (5) days thereafter, MESA shall notify CCC in writing whether the proposed schedule for the connection to the 42-inch water transmission linc is acceptable, and thereafter MESA shall coordinate the scheduling and implementation of the connection with CCC. Notwithstanding the foregoing, MESA may revoke or modify the approved schedule for the connection to the 42-inch water transmission line in the event that MESA subsequently determines, in its sole discretion, that water storage, water delivery or other facility constraints preclude the suspension of water deliveries as set forth in the schedule approved by MESA. In such event, MESA shall endeavor, in good faith, to promptly prepare a new schedule for such connection to the 42-inch water transmission line. Under no circumstances shall any connection(s) be made to the existing Facilities until all the following shall have occurred: a) the New Easement(s) referred to in Article IV, hereof, have been provided and shall have been accepted by MESA and the CITY in accordance with the provisions of such Article IV; - 13 - BAKW&GMEA1rcV&454.08 12003 N158-9126194-Final b) the Joint Use Agreement(s) referred to in Article IV, hereof, have been provided and shall have been accepted and entered into by MESA and the CITY in accordance with the provisions of such Article IV; c) MESA shall have formally accepted the Relocated Facilities as set forth in Article IX, hereof; d) the Quitclaim Deeds shall have been provided as set forth in Section 4.3, hereof; and e) the provisions of this Section 5.4 shall have been complied with. The parties at this point specifically and expressly agree that, notwithstanding any other provision herein to the contrary, MESA and the CITY shall not be liable for any costs, claims, damages or expenses, of any kind, including, but not limited to, delays to the CORRIDOR project, to the AGENCY, or CCC or any of their officers, directors, employees, agents, contractors, subcontractors, consultants or engineers which result from the compliance, or insistence upon compliance by any parry, with the provisions of this Section 5.4. Section 5.5. Responsibility for Governmental Permits. Except as expressly provided in Section 10.01, hereof, CCC shall be responsible for obtaining, at no cost to MESA, any and all permits, licenses, or other approvals required by all applicable governmental agencies for the construction of the Relocation Project in accordance with the plans and specifications approved pursuant to Section I, hereof. ection 5.6. ' Until the formal acceptance of the Relocation Project pursuant to Section 9.2, below, CCC shall have the full charge of the Relocation Project, including the Relocated Facilities, and shall bear the risk of injury or damage to any part thereof by the action of the elements - 14 - BAKW&G/RFA/mV 8a5J.08 12003 M58-8n6M-Final or from any other cause (other than the active negligence or willful misconduct of MESA, or its officers, director, employees or agents), whether arising from the execution or from the nonexeeution of work on the Relocation Project. ARTICLE VI. BONDING A M INSURANCE RE()UIREMENTS. Section 6.1. ]Bond . Prior to the commencement of construction under this Agreement CCC shall furnish to MESA, at no cost to MESA, a payment bond in an amount not less than one hundred percent (100%) of the estimated Relocation Project construction cost, and a faithful performance bond in an amount not less than one hundred percent (100%) of the estimated Project construction cost, which bonds shall be maintained in full and effect through the guarantee period set forth in Section 8.3. The bonds shall be in favor of or shall include MESA as a beneficiary, shall be issued by an admitted surety, and shall be on the forms attached hereto as Exhibits "D" and "E" and incorporated herein by this reference. Section 6.2. Insurance• Prior to the commencement of construction on the Relocation Project, CCC shall furnish to MESA and the CITY certificates evidencing all of the insurance required herein from companies acceptable to MESA. CCC shall not permit any contractor or subcontractor to commence or undertake construction on any portion of the Relocation Project until all such insurance required herein is obtained and proof thereof furnished to MESA. The following policies of insurance shall be taken out and maintained throughout the entire period that the Relocation Project is under construction: 1. Workers'_CoMnensation 'Insurance: CCC, and each contractor employed by CCC, shall take out and maintain workers' compensation insurance to cover all of its employees as required by law; and each contractor shall require all subcontractors similarly to provide such workers' compensation insurance for all of - 15 - EAKw&c/REAhwsa34.o8 _ 12W3 N158-8126/W-Final the latter's employees. Each such policy of insurance shall contain the following endorsements: (a) "The insurer waives all rights of subrogation against the Mesa Consolidated Water District, the City of Huntington Beach and their respective officers, directors, employees and representatives." (b) "This insurance policy shall not be canceled, limited, reduced or non renewed until thirty (30) days after receipt by the Mesa Consolidated Water District of a written notice of such cancellation, limitation, non renewal or reduction of coverage as evidenced by receipt of a registered letter.' 2. Liability Insurance: CCC and each employed contractor who will perform in excess of one percent (1.0!) of the Relocation Project construction under this Agreement shall take out and maintain comprehensive general liability insurance, including owned, non-owned and hired vehicles, providing the following minimum limits: (a) Bodily injury: $3,000,000.00 per occurrence; and (b) Property damage: $500,000.00 per occurrence and such insurance shall cover the following hazards: (i) Premises—Operations (ii) Contractors Protective (iii) Blanket Contractual (iv) Products and/or Completed Operations - 16 - BAKW&UREAhes/9454.08 12003 MSS-&7619:-Final (v) Property Damage Liability arising out of the so-called "XCU" hazards (explosion, collapse and underground damage) (vi) Broad Form Property Damage (vii) Policy to include severability of interest clause (viii) Personal Injury--Exclusion "D" removed Each such policy of insurance shall contain the following endorsements: (i) "The Mesa Consolidated Water District, the City of Huntington Beach and their officers, directors, agents, employees, and consultants are hereby declared to be additional insureds under the terms of this policy." (ii) "This insurance policy will not be canceled, limited, reduced or non renewed until thirty (30) days after receipt by the Mesa Consolidated Water District of a written notice of such cancellation, limitation, non renewal or reduction of coverage as evidenced by receipt of a registered letter." (iii) "This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy; neither the Mesa Consolidated Water District or the City of Huntington Beach shall be liable for the payment of premiums or assessments on this policy." - 17 - BAuwac;?XMrw8asa.o8 12003 M58-8126/94.Final Section 6.3. Insuranceltenewal. At least thirty (30) days prior to the expiration of any policy of insurance required above in Section 6.2, above, including all subsections thereof, a signed and complete certificate of insurance, with all endorsements required therein, showing that such insurance coverage has been renewed or extended, shall be filed with MESA. CCC shall not permit any contractor or subcontractor to continue construction on any portion of the Relocation Project if such insurance is not renewed or if proof of such insurance renewal is not provided to MESA in accordance with this Section 6.3. ARTICLE VII. INUENMIFICATIONS. Section A. Indemnification CCC shall indemnify, defend and hold harmless MESA, AGENCY, its current and future members, the State of California, acting by and through its Department of Transportation ("Caltrans"), their respective successors and assigns and their respective directors, officers, agents, employees, engineers, contractors, subcontractors or consultants, from and against any and all actions, claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees and costs, and expert witness fees and costs) and liability of any kind arising out of the construction activities of the Relocation Project and/or the CORRIDOR project based on this Agreement or any act or omission of CCC or its officers, agents, employees, engineers, contractors, subcontractors or invitees with respect to the Relocation Project and/or the CORRIDOR project, whether or not there is concurrent passive negligence on the part of MESA or AGENCY or their respective officers, agents, directors, employees, representatives, agents, engineers, subcontractors, or consultants, but excluding the portion of such actions, claims, damages, losses, liabilities, costs and expenses arising from the active negligence or willful misconduct of an indemnified party or its agents, servants or independent contractors (other than CCC) who are directly responsible to such indemnified party. - 18 - BAKW&G/RENrcs/8454.08 12M M59-&76/94-Final Sectiops1. Indemnification_by-NIesa. MESA shall indemnify, defend and hold harmless CCC, AGENCY, its current and future members, their respective successors and assigns, directors, officers, agents, employees, engineers, contractors, subcontractors or consultants from and against any and all actions, claims and damages, losses, penalties, costs and expenses (including reasonable attorneys' fees and costs, and expert witness fees and costs) and Iiability of any kind arising from the active negligence or willful misconduct of MESA or its directors, officers, agents, employees, engineers, consultants, contractors or subcontractors in connection with (1) MESA's operation of the Facilities within the original easement during the construction of the Relocation Project, (2) MESA's design of the plans and specifications for the Relocation Project pursuant to the terms of this Agreement provided, however, that indemnity under this subpart (2) shall be limited to a maximum of one million dollars ($1,000,000) notwithstanding any provision herein to the contrary, and (3) MESA's operation and maintenance of the Relocation Project, or portions thereof following MESA's written acceptance of the Relocation Project, but excluding the portion of such actions, claims, damages, losses, liabilities, costs and expenses arising from the active negligence or willful misconduct of a party indemnified or its agents, servants or independent contractors who are directly responsible to such indemnified party. Sudan 7.3. Agency Indemnification. AGENCY shall indemnify, defend and hold harmless CCC, MESA, their respective successors and assigns, directors, officers, agents, employees, engineers, contractors, subcontractors or consultants from and against any and all actions, claims, damages, losses, penalties, costs and expenses (including reasonable attorneys' fees and costs, and expert witness fees and costs) and liability of any kind to, arising out of any act or omission of AGENCY, its officers, agents, directors, employees, engineers, contractors or subcontractors (other than CCC) or consultants, with respect to the Relocation Project, whether or not there is concurrent passive negligence on the part of CCC or MESA or their respective officers, agents, directors, employees, representatives, agents, engineers, subcontractors or consultants, but excluding the portion of such claims, damages, losses, liabilities, costs and - 19 - BAKW&GIREA s/8454.08 12003 A158-8/26/%t-Final expenses arising from the active negligence or willful misconduct in the design or construction of the Relocation Project of an indemnified party or its agents, servants or independent contractors who are directly responsible to such indemnified party, or arising from any claimed defect in any design or construction work on the Relocation Project. Section7.4. Interpretation In the event of any inconsistency between the foregoing indemnities between CCC and AGENCY and any other indemnity which may be applicable to an occurrence for which a claim of indemnity hereunder is made, the indemnity which provides the greatest protection to the indemnitee shall prevail; provided, MESA's rights to indemnity from CCC or AGENCY as specified in this Agreement shall not be impaired in any fashion by reason of the foregoing of terms of this Section 7.4. ARTICLE VIII. WARRANTIES AND GUARANTEES. Section 8.1. No Liens on Materials, Su plies or Equipment. No materials, supplies, or equipment for the work under this Agreement shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. CCC hereby warrants to MESA and the CITY clear and good title to all materials, supplies, and equipment installed and incorporated in the Relocation Project work and agrees upon completion of all work to deliver the premises together with all improvement and appurtenances constructed to be placed thereon by CCC to MESA and the CITY free from any claims, liens, encumbrances, or charges and further agrees that neither CCC nor any person, firm or corporation furnishing any material or labor for any work covered in this Agreement shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude CCC from installing metering devices or other equipment of utility companies or of municipalities, the title of which is commonly retained by the utility company or the municipality. Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or - 20 - SAKw&G/REA/m&'8454.08 I'003 M58-W26M-Final labor under any bond given by CCC for their protection. The provisions of this Section shall be inserted in all subcontracts and material contracts, and notice of the terms of this Section shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. Sectistn.fl.2 Qualitygf Materials and Hor - All equipment, materials and supplies to be incorporated in the Relocation Project work shall be new, unless otherwise specified. All equipment, materials, and supplies shall be produced in a good and workmanlike manner. When the quality of a material, process, or article is not specifically set forth in the plans and specifications, the best available quality of the material, process or article shall be provided. Whenever any material, process, or article is indicated or specified by grade, patent or proprietary name, or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of materials, process, or articles desired and shall be deemed to be followed by the words "or equal", and CCC may offer any material, process, or article which shall be substantially equal or better in every respect to that so indicated or specified; provided, however, that if the material process or article ordered by CCC is not, in the opinion of MESA, equal or better in every respect to that specified, then CCC must furnish the material, process, or article specified within the plans and specif cations. Sectl!Dn 8.3. Guarantee of Work. In addition to guarantees provided by material suppliers or required herein, CCC shall and hereby does guarantee the work on and construction of the Relocation Project for a period of one (1) year after the date of written acceptance of the work by the MESA as shall be provided by MESA to CCC under the terms of Section 9.2, hereof. The guarantee period for portions of the work so utilized or placed into service shall be one (1) year commencing on the date of MESA's acceptance or ME.SA's use of completed portions, whichever occurs first. CCC shall repair or remove and replace any and all such work, together with any - 21 - BA KW&G/REA/res18454.08 12003 N158-8/26M-Final other work which may be displaced in so doing, that is found to be defective in workmanship and/or materials within said one (1) year period, without expense whatsoever to the MESA or the CITY, ordinary wear and tear and unusual abuse or neglect excepted. In the event of failure to comply with the above-mentioned conditions within seven (7) calendar days after CCC is notified in writing, MESA is hereby authorized to proceed, subject to the JUA, to have the defects remedied and made good at the sole expense of CCC which hereby agrees to pay the costs and charges therefore immediately on demand. Such action(s) by the MESA will not relieve CCC of the guarantees required by this subsection or elsewhere in the Agreement. The performance bond and the payment bond shall continue in full force and effect for the guarantee period. If in the opinion of the MESA, defective work creates a dangerous condition or requires immediate corrections or attention to present further loss to the MESA or to prevent interruption of operations of the MESA, the MESA will attempt to give the notice required by this subsection. If CCC cannot be contacted or does not comply with MESA's request for correction within a reasonable time as determined by the MESA, the MESA may, notwithstanding the provisions of this Section, subject to the provisions of the JUA, proceed to make such correction or provide such attention; and the costs of such corrections or attention shall be charged against CCC. Such aLtion by the MESA will not relieve CCC of the guarantees required by this section or elsewhere in this Agreement. This section does not in any way limit the warranty on any items for which a longer warranty is specified or on any items for which a manufacturer or supplier gives a warranty for a longer period. CCC shall furnish the MESA all appropriate guarantee certificates upon completion of the Relocation Project. No guarantee period whether provided for in this subsection or elsewhere shall in any way limit the liability of CCC or its sureties or insurers under the indemnity or insurance provisions of this Agreement. - 22 - sAKw&clREA/res.18sss M 12003 Mss-8126194-Final ARTICLE IN. ACCEEIANCE OF PROM - Section 91. Final In-pection Upon completion of the construction of the Relocation Project, CCC shall so inform MESA and shall concurrently furnish MESA with a complete set of record drawings depicting the precise locations and elevations of all portions of the Relocation Project. Within fifteen (15) days of such notification and provision of such drawings, MESA shall conduct final inspection of the work and determine in writing whether or not to accept the Relocation Project. Section 9.2. Formal Acceptance and Oymershin of the Project MESA, on behalf of itself and the CITY, shall, following the ftnal inspection pursuant to Section 9.1 and provision and acceptance of all real property documents required under Sections 4.1 and 4.2, hereof, take action on the formal acceptance of the Relocation Project. If CCC has performed the Relocation Project construction in strict compliance with the plans and specifications approved pursuant to Section 3.4, hereof, and the provisions of this Agreement, in particular Section 5.2, hereof, MESA's formal acceptance of the Relocation Project will not be unreasonably withheld. If CCC has not performed in accordance with the preceding sentence, MESA shall make a determination as to formal acceptance of the Relocation Project in its complete discretion. MESA and the CITY shall have no liability, of any kind, for the refusal to formally accept the Relocation Project as set forth in this Section 9.2. For purposes of this section, formal acceptance shall be a written notice, in a form acceptable to MESA, to CCC and the AGENCY, as executed by MESA's General Manager or District Engineer. Upon formal acceptance, and recordation of the New Easement(s) and Joint Use Agreement, the Relocation Project shall become and remain the sole and exclusive property of MESA and the CITY, and MESA and the CITY shall relinquish to the record owner ownership of the replaced facilities. - 23 - ©AICW&G1RE,VMS!8454.09 12003 M58-8126194-Final Section ,9.3. ResimnsihUit' for Abandoud Fixtures From and after the delivery of the quitclaim deed described in Section 4.3, hereinabove, all property and fixtures of MESA and the CITY within the abandoned easement shall become the property, liability and responsibility of the: underlying fee owner (subject to CCC's obligations hereunder and under Contract No. S90-19 by and between CCC and AGENCY). ARTjCLE X. GENERAL PE039SIONS. Section.10.0 . Compliance The parties acknowledge and agree that responsibility for compliance with the California Environmental Quality Act with regard to the Relocation Project shall be the sole responsibility of the AGENCY or CCC. SectiQa10.02. Work Performed 3t noSost tea. As specified herein, CCC shall perform, or cause to be performed, the work under Articles III, IV, V, VI, V 1, VIII and IX, above, at no expense to MESA except as hereinafter provided. Section 10.03. MESA shall pay CCC, upon completion of the work and within 90 days after receipt of CCC's bill, for the actual cost of any betterment or increase in capacity of MESA's facilities in the new location. "Betterment" means upgrading of the facility being relocated that is not attributable to construction of the CORRIDOR or is made solely for the benefit of and at the election of MESA, whether such is made a part of the initial plans and specifications or by way of a change order. A betterment generally makes the property or the facility affected more useful, functional, durable, efficient, or of greater capacity. However, the extension of the actual or useful life of the portion of the 42-inch line which is the subject of the Relocation Project, caused as a result of such Relocation Project, shall not be considered a betterment. Additionally, an increase in the number of attendant facilities to - 24 - BAKW do G/REAhes/8454.08 12003 M58-81261%-Final the 42-inch pipeline, made necessary by the increased length of the pipeline as part of the relocation, shall also not be considered a betterment. Further, any measures necessary to protect the MESA Facilities from the cathodic protection measures of other relocated utilities shall also not be considered a betterment. The parties hereto do agree that the cathodic protection to be installed as part of the Relocation Project is not considered a betterment because it is installed in order to protect the Relocated Facilities as a result of the installation of cathodic protection on various adjacent/parallel facilities including, but not limited to, pipelines relocated on behalf of, or for, MWD. Stslion 10.04. Breach of Conditions and Op on rtunity to Cure. Subject to the express provisions hereof, if MESA claims that CCC has breached any of its obligations hereunder, MESA will notify CCC and AGENCY in writing of such breach and CCC and AGENCY shall have 30 days following receipt of such notice in which to cure such breach, before MESA may invoke any remedies at law or in equity which MESA may have by reason of CCC's breach; provided, however, that if such breach may not reasonably be cured within such 30-day period, then so long as the cure is being prosecuted diligently, the cure period shall be extended as reasonably necessary but in no event longer than 90 days from AGENCY's receipt of such notice; provided, further, that AGENCY shall have no obligation to cure any breach by CCC but shall at all times be permitted to do so. Without limiting the generality of the foregoing, AGENCY shall have no liability to MESA or the CITY for any act or omission committed by CCC in performing this Agreement, including without limitation any claimed defect in any design or construction work supplied by CCC or its contractors or subcontractors. Section 10.05. ` As a matter with which MESA or the CITY shall not be concerned, CCC shall reimburse AGENCY, within 30 days after AGENCY's demand, for any costs incurred or sums expended by AGENCY in curing any breach by CCC as hereimbove provided, which AGENCY would not have incurred absent such breach; provided, however, that CCC reserves the right to dispute with AGENCY the existence of any such claimed breach in - 25 - BAKw3GIREAhes/9454.08 12003 N158-8126194-Finul accordance with the dispute resolution procedures of Contract No. S90-19 by and between AGENCY and CCC, and if it is established through such procedures that no such breach occurred, then AGENCY shall promptly refund to CCC the amount paid by CCC to AGENCY on account of such claimed breach. Section 10.06. ASsnmptian of Obligations by Agency. CCC's rights and obligations hereunder shall be deemed assigned to and assumed by AGENCY upon AGENCY's written notification to CCC and MESA of such assignment and assumption, following either a material breach by CCC of this Agreement or the termination, partial termination or expiration of said Contract No. S90-19. Such assignment and assumption shall not (a) relieve CCC from any liability to MESA, the CITY or AGENCY for any breach of this Agreement occurring prior to the effective date of such assignment and assumption, or (b) cause AGENCY to be liable for any breach by CCC of this Agreement occurring prior to such effective date, or (c) relieve CCC from any liability to AGENCY for any breach of its obligations to AGENCY under said Contract No. 590-19. Section-20.07. Refercuce.tQ !Contract No. S9(hI2. As between AGENCY and CCC, this Agreement is subject to said Contract No. S90- 19, does not modify it in any way, and in the event of any inconsistency between the provisions hereof and the provisions of Contract No. S90-19, the provisions of Contract No. S90-19 shall prevail between AGENCY and CCC. Section 10.08. If the CORRIDOR project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of the Relocation Project, or any portion thereof, CCC or AGENCY will notify MESA in writing and CCC and AGENCY each reserves the right, with the other's written approval, to terminate this Agreement. Upon such termination, the parties shall negotiate in good faith an amendment which shall provide mutually acceptable terms and conditions for terminating the Agreement. All reasonable costs incurred by MESA under this Agreement up until MESA's receipt of written notice of cancellation or modification shall be - 26 - 8 A KW do G/RFA/re sl8454.08 12003 A158-8R6M-Final paid by CCC within thirty (30) days of receipt of MESA's invoice and supporting materials. Upon such termination, at MESA's request, the Facilities shall promptly and without delay be restored to their preexisting Iocation, size, and materials at no cost to MESA. Nondiscrimination Clausc [Required by Cal. Code of Regs. Title 2, §8107] - During the performance of this Agreement: I. CCC and its contractors and subcontractors shall not deny the Agreement's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. CCC shall insure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination. 2. CCC shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code 12900 tt. =q.), the regulations promulgated thereunder (Cal. Code Regs. Tit. 2, 7285, ct. M.), the provisions of Article 9.5, Chapter 1, Part 1, Division, Title 2 of the Government Code (Gov. Code 11135-11139.5), and the regulations or standards adopted by AGENCY to implement such article. 3. CCC shall permit access by representatives of the Department of Fair Employment and Housing ("DFEH") and AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as DFEH or AGENCY shall require to ascertain compliance with this clause. - 27 - anxw&crnrar=I8sss.o8 12003 U58-826194-Final 4. CCC and its contractors and subcontractors shah give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 5. CCC shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this Agreement. 6. Pursuant to California Attorney General Opinion No. 86-803, MESA, the CITY, AGENCY and CCC understand and agree that the Project contemplated by this Agreement constitutes a public works project within the meaning of Section 1720, cS. sue., of the California Labor Code. CCC, or CCC's Contractors or subcontractors, shall pay general prevailing wage rates as defined in Labor Code Section 1720, rt. =q., to those employed by them to perform labor in connection with the Project, and shall specify in each of their respective calls for bid (if applicable), in the bid specifications (if applicable), and in the contract itself, that a copy of the general prevailing wage rates, as determined by the Director of the Department of Industrial Relations of the State of California, is available at the principal office of MESA and that a copy will also be posted at the job site by CCC, all as required by Section 1773.2 of the Labor Code. Furthermore, any contract or agreement entered into between CCC and a contractor or subcontractor shall include the stipulations required by Sections 1775, 1776, 1777.5 and 1810 of the Labor Code of the State of California. 7. CCC shall include the following clause in each contract entered into with any contractor performing any work on the Relocation Project: "The Contractor shall keep itself fully informed of all applicable existing and future state and federal laws and county and city ordinances and regulations which in any manner affect the conduct of the Work, and of all orders and decrees of bodies or - 28 - I3AKW&G1P iMre&M54.08 12003 M58-8126M-Final tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Mesa Consolidated Water District engineer in writing. The Contractor shall at all times observe and comply with and shall cause all its agents, employees and subcontractors to observe and comply with all such applicable existing and future laws, ordinances, regulations, orders and decrees, and shall protect and indemnify the Mesa Consolidated Water District, the City of Huntington Beach and their officers, directors, employees, agents, representatives and consultants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor, its employees, agents, representatives or subcontractors." In the event that CCC constructs the Relocation Project, the foregoing clause shall be binding upon CCC. The provisions of this Section 10.09 shall also be applicable to any design consultant retained by MESA to complete the plans and specifications as set forth in Section 3.1, hereof. Secilon 10.10. As set forth in the Recitals to this Agreement, MESA is entering into this Agreement on behalf of itself and the CITY, with the CITY's consent. To the extent this Agreement confers upon or gives or grants the CITY any right, remedy or claim under or by reason hereof, the CITY is hereby expressly recognized, by all parties hereto, as being a third-parry beneficiary hereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder. - 29 - BAKW&c,/xEvreSV 54.os 12003 1`158-8126194-Final With respect to this Agreement, the CITY confirms that MESA is acting as its authorized agent with respect to the Relocation Project contemplated herein. Section 0.11. CCC as Independent Contractor. Notwithstanding any provision to the contrary herein, the parties hereto expressly and specifically agree that CCC is, and shall remain, an independent contractor in rendering the services provided for herein and no action(s) or event(s) taken hereunder shalt, for any reason, cause either CCC, the AGENCY or MESA, or their respective officers, directors, employees or consultants to become the employee, joint venturer or partner of the other party hereto. All of the terms, conditions and provisions of this Agreement shall inure to the benefit of, and be binding upon, MESA, the CITY, AGENCY, CCC and each of their respective successors and assigns. Notwithstanding the foregoing, neither this Agreement nor any of the rights or obligations hereunder shall be assigned by CCC without the prior written consent of MESA and any purported assignment in violation of this Paragraph shall be null, void and of no legal effect whatsoever; provided, however, that MESA hereby consents to an assignment of CCC's rights and obligations hereunder to AGENCY in accordance with Section 10.06 hereof. This Agreement shall not become binding upon the State of California, or its agencies, unless so accepted, in writing, by the State and/or such agency. Section 1 0.13. Notices. Any notices required to be given pursuant to the provisions hereof shall be deemed to be given and to have been received: (i) when personally delivered; (ii) one (1) business day after consignment to any overnight courier service; or (iii) three (3) business days after deposit of the same in any United States Post Office, or United States mail, first class postage prepaid, addressed as follows: - 30 - HAKW&G[RFAhuB43a_08 12003 M58-S26194-Final ti If to Mesa: Mesa Consolidated Water District Attn: General Manager Post Office Box 5008 Costa Mesa, California 92628-5008 If to CCC: California Corridor Constructors 2 Venture, Suite 250 Irvine, California 92718-3331 Attn: Mr. Scott Steingraber If to Agency: San Joaquin Hills Transportation Corridor Agency 201 E. Sandpointe Suite 200 Santa Ana, California 92707 Attn: Mr. Jerry Bennett If to City: City of Huntington Beach • Post Office Box 190 Huntington Beach, California 92648 Attn: Mr. Louis Sandoval Director of Public Works Each party may change its address for delivery of such notices by delivering a written notice of such change of address pursuant to the terms of this Section. Section 10-14. Captious. The captions contained within this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions hereof. Secti,n 10-15. Entire Agreement. ement. This Agreement contains the entire agreement and understanding concerning the subject matter hereof and supersedes and replaces all prior negotiations and proposed agreements, written or oral. Each of the parties hereto acknowledges that no other party, nor the agents nor the attorneys for any party, has made any promise, representation, or warranty whatsoever, express or implied, not contained h--rein to induce the execution of this Agreement, and acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein. - 31 - BAKW&GIR£Ahesi'8454.08 12M3 M58-8I26/91-Final Section 1Q.16. Miy_et. Subject to the provisions hereof(including Article VII), any party to this Agreement may specifically and expressly waive, in writing, compliance by another party hereto owed to such first party with any term, condition or requirement set forth in this Agreement. Any party to this Agreement may specifically and expressly waive, in writing, any breach of any term, condition or requirement of this Agreement, owed to such first party, however, in the event that any party makes or gives such a waiver, such action shall not constitute a further or continuing waiver of any preceding or succeeding breach, or requirement or compliance with, the same or any other provision or contractual requirement, unless a specific statement to the contrary is contained within such waiver. The waiving party may, at any time thereafter, require future compliance by the other party hereto with the requirements or provisions of this Agreement that have been so waived. The consent of one party to any act by the other party for which such written consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such written consent for the same or similar acts in the future. No waiver or consent shall be implied from the silence or from the failure of any party to an act, except as otherwise specified in this Agreement. Section I0.I7. Interpretation. (i) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Agreement with Iegal counsel, and/or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Agreement. (ii) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsman of such provision. - 32 - BAKW&G/RF.A/msM 454.08 12M3 Ma-SW94-Final , Section 10.18_ Cooperation. The parties hereto agree to cooperate with each other in the execution of such further documents, and to take such other actions, as are reasonably necessary in good faith to effectuate this Agreement and the intent hereof. Section 10.19. Force R 'eure. The time within which either party hereto shall be required to perform any act under this Agreement, other than the payment of money, shall be extended by a period of time equal to the number of days during which performance of such act is unavoidably delayed by strikes, lockouts, acts of God, governmental restrictions, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any government or regulatory body, war, civil disturbance, fire and unavoidable casualties hereto. SSttion 10.20. Severability. If any term, provision, condition or covenant of the Agreement, or the applicable thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of the Agreement, or the application of such term, provision, covenant or condition to persons or circumstances other than those to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent provided by law. Applicable Law. (i) The parties hereto understand and agree that the terms of this Agreement, and the Attachments hereto, have been negotiated and executed within the State of California and shall be governed by and construed under, the laws of the State of California. (ii) The parties hereto do expressly agree that in the event of a dispute concerning the terms hereof, venue for any legal action shall be with the appropriate court in the County of Orange, State of California. - 33 - BAKW&G/REA/res/9454.08 12M M58-V26/94-final Section 10.22. Amendments. No addition to, or modification of, any provision contained in this Agreement shall be effective unless fully set forth in writing signed by the authorized representative(s) of all the parties hereto. Section 10.23. No assignment of this Agreement shall be effective until consented to in writing by all of the other parties hereto and all substitute performance requirements (in terms of warranties, bonds and insurance) have been furnished and accepted. Section-IQ„24. 3yarrantX of-Authority. All parties hereto represent and warrant that they each have all requisite power and authority to execute and deliver, and to perform their obligations under, this Agreement and that this Agreement constitutes a legal, valid and binding obligation of the respective parties hereto and is enforceable as against the respective parties hereto in accordance with the terms and provisions contained herein. Ser,lion 10.25. Aliscellaneons. Any representations, warranties, guarantees, indemnities, reservation(s) of rights and waivers set forth in this Agreement shall survive the termination of this Agreement for any reason. Section 10.26. Execution of Counterpa. This Agreement may be executed in any number of counterparts, each of which shall be deemed a duplicate original when all counterparts are executed, but all of which shall constitute a single instrument. SeC,Ln 11M. SiEnatories. The signatories hereto do warrant that they are appropriately authorized to execute this Agreement on behalf of the party for which they signed. - 34 - BAKW&G1REA/res/8454.08 12003 MSS-8/26194-Final IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year first above written. "AGENCY".- - SAN JOAQUIN HILLS TRANSPORTATION MESA CONSOLIDATED WATER CORRIDOR AGENCY DISTRICT By: By. APPROVED AS TO FORM: ATTEST: NOSSAMAN, GUTHNER, KNOX & ELLIOTT: By: By: Secretary APPROVED AS TO FORM: BOWIE, ARNESON, KADI, WILES &: GIANNONE: By: CALIFORNIA CORRIDOR CONSTRUCTORS CITY OF HUNTINGTON BEACH: By: By:, "/z,"�' � APPROVED AS TO FORM: ATTEST: COUNSEL FOR CCC: By: G�icG By: Clerk John Carpenter APPROVED AS TO FORhI: HUNTINGTON BEACH CITY ATTORNEY'S OFFICE: By: - 3s - BAM&G EMres/835d.08 12003 M58-8126194-Final STATE OF CALIFORNIA ) } ss. COUNTY OF ) On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(es), and that by 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. Signature (SEAL) STATE OF CALIFORNIA } ss. COUNTY OF ) On before me, (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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. Signature (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/her/their authorized capacity(es), and that by 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. Signature (SEAL) EXHIBIT "A" DESCRIPTION OF EXISTING WATER LINE AND ALIGNMENT AND DESCRIPTION OF THE RELOCATION PROJECT AND RELOCATION ALIGNMENT A-1 EXHIBIT "B" Recorded By and When Recorded Mail To: Spage Above This Lin!,- For wader's Use Only SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY JOINT USE AGREEMENT EXEMPT-GOVERNMENT CODE SECTION 61Q , THIS JOINT USE AGREEMENT (this "Agreement"), entered into this day of , 19 , by and between the MESA COUNTY WATER DISTRICT, a county water District, and the CITY OF HUNTINGTON BEACH, a political subdivision of the State of California, hereinafter collectively referred to as the "Owners", and the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter called the "STATE" is as follows: WHEREAS, Owners are in possession of certain rights of way and easements, hereinafter referred to as "Owners' Easement" and described as follows: That Easement Deed granted to the Owners, dated August 7, 1964, as recorded with the Orange County Recorder's Office on September 24, 1964, in Book 7232, page 711, which Easement Deed is incorporated herein by this reference and correspondingly made a part hereof; WHEREAS, Owners maintain certain facilities within the Owners' Easement as part of Owners' operations; and WHEREAS, the State has acquired certain lands for the purpose of constructing thereon a portion of the highway known as the San Joaquin Hills Transportation Corridor (the "Corridor") in the vicinity of Bison and MacArthur, City of Irvine, County of Orange, said lands are hereinafter referred to as the "Corridor Right of Way", which Corridor Right of Way is subject to Owners' Easement; and - 1 - HAKW&GM"res/pks4751.03 120D3 M59-6121/94-Draft 2 r WHEREAS, Owners' facilities within the Owners' Easement in the Corridor Right-of- Way will interfere with or obstruct the construction, reconstruction, maintenance or use of the Corridor, and the State desires to arrange for the elimination such interference or obstruction; and WHEREAS, the Owners and the San Joaquin Hills Transportation Corridor Agency, a joint powers agency in order to accomplish the mutual objective of eliminating the above- referenced conflict, have entered into that Agreement entitled "San Joaquin Hills Transportation Corridor Utility Agreement No. 3002" dated as of , 1994 (the "Pipeline Relocation Agreement"), which is incorporated herein by this reference. NOW, THEREFORE, OWNERS AND THE STATE HEREBY MUTUALLY AGREE AS FOLLOWS: 1. The location of Owners' Easement insofar as it now lies within the Corridor Right of Way shall be and is hereby changed to the strip of Iand within the Corridor Right of Way hereinafter referred to as "New Location", as described in Exhibit "1", attached hereto and made a part hereof by this reference. 2. Owners' facilities now installed pursuant to Owners' Easement within the Corridor Right of Way have been, or will be, relocated and reconstructed on behalf of Owners to the New Location. The Owners will surrender and quitclaim to the State all of the Owners' right, title and interest under and by virtue of the Owners' Easement in the old location within the Corridor Right of Way and not included in the New Location. Owners hereby consent to the construction, reconstruction, maintenance and use by the State of the Corridor over, along and upon Owners' Easement both in the old location and in the New Location within the Corridor Right of Way, upon and subject to the terms and conditions herein contained. 3. The State acknowledges Owners' title to Owners' Easement in the New Location and the priority of Owners' title over the title of the State therein until abandoned or extinguished by the Owners. The Owners have and reserve the right and easement to use, in common with the public's use of the Corridor, the New Location for all of the purposes for which Owners' Easement was acquired, without need for any further permit or permission from the State. Except in emergencies, Owners shall give reasonable notice to the State before performing any work on Owners' facilities in the New Location where such work will be performed in, on or over the traveled way or improved shoulders of the Corridor or will obstruct traffic. In all cases, Owners shall make adequate provision for the protection of the traveling public. 4. In the event that the future use of said Corridor Right of Way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Owners' facilities then existing in said New Location, the State shall notify the Owners in writing of such necessity and agree to advance or reimburse the Owners, as Owners and the State may agree, on demand for the Owners' reasonable costs incurred in complying with such notice. - 2 - BAKW&C;1P rAhLdpkd$751.03 12003 b158-6121/94-Draft 2 Prior to commencing relocation the Owners will provide the State with plans of such proposed rearrangement and an estimate of the costs thereof and, upon approval of such plans by the State, Owners will promptly proceed to effect such rearrangement, relocation, reconstruction or removal at such times as are agreed to by Owners and the State. No further permit or permission from the State for such rearrangement shall be required and the State will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Owners' facilities within said Corridor Right of Way, (2) provide executed document(s) granting to Owners good and sufficient easement outside of the Corridor Right of Way if necessary to replace Owners' easement or any part thereof, and (3) advance or reimburse Owners, as may be agreed, for any costs which it may be required to expend to acquire such easement, provided that it is mutually agreed in writing that Owners shall acquire such easement. 5. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of Owners' Easement. Both the State and Owners shall use the New Location in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Owners or the State may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either the State or Owners in such a manner as to cause an unreasonable interference with the use of the New Location by the other party. 6. This Agreement shall inure to the benefit of and be binding upon the successors, assigns and transferees of all parties hereto. - 3 - $AM&G/REMmIpt"7s 1.03 12003 M58-8126M4-Fina1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their respective officials thereunto duly authorized. STATE: OWNERS: RECOMMENDED FOR APPROVAL: MESA CONSOLIDATED WATER DISTRICT: 1 Utility Reviewer Title: Board President Chief, R/W Engineering & Utilities CITY OF HUNTINGTON BEACH: Branch Division of Right-of-Way APPROVED AS TO FORM AND By: PROCEDURE: Title: (-ter, Attorney, Department of Transportation STATE: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION: By: Attorney in Fact - Joint Use Agreement Signature Page - ` EXHIBIT "1" MAP AND DESCRIPTION OF NEW LOCATION SUBJECT TO JOINT USE AGREEMENT Recording Requested by and Return to: Mesa Consolidated Water District P. O. Box 5008 Costa Mesa, California 92628-5008 Attn: Karl Kemp General Manager This Document Concerns: (Space above this line for Recorder's use) _ QUITCLALNI DEED Exemnt - Government Code Section � �, „^� ,� FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the MESA CONSOLIDATED WATER DISTRICT {formerly ]mown as the Costa Mesa County Water District), a county water district, and the CITY OF HUNTINGTON BEACH, a municipal corporation, do hereby quitclaim to: all of their respective rights, title and interest in that portion of the easement granted by that Easement Deed dated August 7, 1964, as recorded in the Orange County Recorder's Office on September 24, 1964, in Book 7232, Page 711 of Official Records of the County of Orange as set forth in Exhibit "1", attached hereto and made a part hereof by this reference. EXHIBIT "C" aAxw&c.TXXns/w na.01 12003 A 27-9126194 MESA CONSOLIDATED WATER DISTRICT: By: Title: By: Title: CITY OF HUNTINGTON BEACH: By: Title: By: Title: BAXW&c/REA/res/»178.01 12003 A 27—8/z3/94 C-? . STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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. Signature (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by 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. Signature (SEAL) �txx�c/REA/res/t��7s.oi , I=A 27—8/23/94 C-3 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On before me, (here insert name and title of the officer), personally appeared , personally known to m$ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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. Signature (SEAL) STATE OF CALIFORNIA } } ss. COUNTY OF ORANGE ) On before me, (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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. Signature (SEAL) BAMG/REA/res/14178.01 , 120M A 27— 8/23/94 C-4 EXHIBIT "1" DESCRIPTION OF THAT PORTION OF EASEMENT GRANT TO BE QUITCLAIMED PA"IENT BOND We, , as Principal, and as Surety,jointly and severally, bind ourselves, our heirs, representatives, successors, and assigns, as et forth herein, to the MESA CONSOLIDATED WATER DISTRICT (herein "MESA") for payment of the penal sum of ($ -.. . ), lawful money of the United States. MESA and the Principal have entered into an agreement entitled "San Joaquin Hills Transportation Corridor Utility Agreement No. 3002", dated (the "Contract") whereby the Principal shall perform all work required of it under said Contract and the plans and specifications prepared and approved pursuant to the provisions of such Contract. If Principal or any of its subcontractors fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Employment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department Franchise Tax Board from wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then Surety will pay the same in an amount not exceeding the sum specified above, and also will pay, in case suit is brought upon this Bond, with reasonable attorneys fees as shall be fixed by the court. This Bond shall inure to the benefit of any of the reasons named in Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Surety agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the work to be performed thereunder, or the plans and specifications shall in any way affect its obligation on this Bond, and it does hereby waive notice thereof. Principal and Surety agree that should Owner become a party to any action on this bond each will also pay Owner's reasonable attorney's fees incurred therein in addition to the sum above set forth. Exhibit "D" BAKW&GIREA/rez/10289.01 12003 M58-8/23/94 Executed in four original counterparts on , 19 (Principal) (Seal of Corporation) By: Title: Any claims under this bond may be addressed to: (name and street address of Surety) (name and street address of agent or representative in California, if different from above) (telephone number of Surety agent in California) (Attach Acknowledgment) (Surety) By: (Attorney in Fact) APPROVED: BOWIE, ARNESON, KADI, WILES & GIANNONE: (Attorney for Mesa) NOTICE: SURETIES MUST BE AUTHORIZED TO DO BUSINESS IN AND HAVE AN AGENT FOR SERVICE OF PROCESS IN CALIFORNIA. CERTIFIED COPY OF POWER OF ATTORNEY MUST BE ATTACHED. SAKw&G/ EVred10289.01 12003 M58-&W/94 D-2 PERFORMANCE BOND Bond No. Premium KNOW ALL MEN BY THESE PRESENTS, That as Contractor, and as Surety, are held firmly bound unto MESA CONSOLIDATED WATER DISTRICT (hereinafter "MESA"), in the sum of dollars ($ ) which is not less than 100 percent of the Contract price for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally firmly by these presents. WHEREAS, the Contractor and MESA have entered into that Agreement entitled "San Joaquin Hills Transportation Corridor Utility Agreement No. 3002% dated (the "Contract") whereby the Contractor is to perform all work required under said Contract and the plans and specifications prepared and approved pursuant to the provisions of such Contract. NOW, THEREFORE, if said Contractor shall perform all the requirements of said Contract required to be performed on his part, at the times and in the manner specified therein, then said obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be pursuant to the terms of said Contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above-bounded Contactor, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers and agents, as therein stipulated, this obligation shall become null and void, otherwise, it shall be and remain in full force and virtue inclusive of the entire Contract guarantee period. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alternation, or addition to the terms of the Contract, or to the work to be performed thereunder, or the plans and specifications accompanying the same, Exhibit "E" $AKw&MEAha!10299.01 12003 M58-&M/94 shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work or to the plans or specifications. Principal and Surety agree that if Obligee is required to engage the services of any attorney(s) in connection with the enforcement of this bond, each shall also pay Owner reasonable attorneys' fees incurred with or without suit. IN WITNESS WHEREOF, four counterparts of this instrument, each of which shall for all purposes be deemed as an original hereof, have been duly executed by the Principal and Surety above named, on the_ day of , 19 APPROVED: BOWIE, ARNESON, KADI, WILES & GIANNONE (Principal) (Attorney for Owner) By: Title: Any claims under this bond may be addressed to: (name and street address of Surety) (name and street address of agent or representative in California, if different from above) (telephone number of Surety and agent in or representative in California) (Surety) By: Title: (Signature of Surety must be notarized) BAKW&G/REA/res/10289.01 I=M58-M3194 E-3 •• s STATE OF CALIFORNIA } } ss. COUNTY OF } On before me, (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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. Signature (SEAL) E-4 - ' MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION, SITUATED IN THE • CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE of THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 300186-2 A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE: COMMENCING AT AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTED TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE SOUTHERLY TERMINUS OF A LINE BEING DESCRIBED AS SOUTH 16052'05" EAST, 2030.40 FEET; THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 16006145" WEST, 51.73 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 63769-1 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 122890 PAGE 1726 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID EASEMENT THE FOLLOWING TWO COURSES: SOUTH 16006'45" EAST, 51.73 FEET; SOUTH 18°51'00" EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20. 00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769-1, SAID WESTERLY LINE BEING DESCRIBED AS SOUTH 01043122" WEST, 933 .51 FEET; THENCE SOUTHERLY ALONG SAID PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 01043132" WEST, 736.44 FEET; SOUTH 24°20'19" WEST, 83 .56 FEET; SOUTH 01°43'32" WEST, 466.13 FEET; SOUTH 01045122" WEST, 264.84 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 01052'50" EAST, 304.40 FEET; THENCE SOUTH 28*07110" WEST, 43 .48 FEET; THENCE SOUTH 01045'22" WEST, 133.44 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 65.00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769-1, SAID LINE BEING DESCRIBED AS SOUTH 14°47'10" WEST, 470. 01 FEET; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 14047'20" WEST, 243.83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769-1, SAID LINE BEING DESCRIBED AS SOUTH 44°27'42" EAST, 231.21 FEET; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 44027132" EAST, 375.83 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 13058'54" EAST, 329.56 FEET EXHIBIT A TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1690.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 65026'06" WEST; THENCE CONTINUING SOUTH 13058154" EAST, 80. 15 FEET; THENCE SOUTH 17048'26" WEST, 305.21 FEET; THENCE SOUTH 24046106r' EAST, 175.65 FEET; THENCE SOUTH 84°4 0'52" EAST, 252.19 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL 63768-1 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 11091, PAGE 1458 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID LINE BEING DESCRIBED AS A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 43-29113", AN ARC DISTANCE OF 379.50 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84°40'52" EAST, 336.47 FEET; THENCE SOUTH 33*49150" EAST, 464.37 FEET; THENCE SOUTH 73057'56" EAST, 310.89 FEET TO THE WESTERLY LINE OF SAID EASEMENT TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY ' OF HUNTINGTON BEACH. THE NORTHERLY SIDELINE OF THE STRIP HEREINABOVE DESCRIBED EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN SAID GENERALLY EASTERLY LINE OF SAID PARCEL 63768-1 AND EASTERLY IN SAID GENERALLY EASTERLY LINE OF SAID STRIP DESCRIBED IN SAID DEED TO THE COSTA MESA COUNTY WATER DISTRICT. THE NORTHERLY SIDELINE OF THE HEREIN ABOVE DESCRIBED EASEMENT OF LAND SHALL BE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. PAUL L. BAKER L.S. 5878 DATE MY REGISTRATION EXPIRES 12/31/96 OLAR"D 1. * LS.537,3 f •�EV•,"��'�4 i r Z ♦ \ � ♦ ]'OO186� / '�j�/! a )� ��/ `/�T 0 I. .r \ i'ii �♦ @/ l�'T I nsl IiJ��� •!,I, // I �� X.jllo � .l `�� a '�:!/i ! 1 _ k l,•-�,.. ; 1 QM[EILIIE Is' OE E9R l01[iRLglliYl '�\r 1 ♦J.�- /' � i' iIi ! � i:`y� �_" *"'" ORarErl Or$rRICT Of 3W11EM(µlipblla PFR 41' ' `��I/1A •fli - t a/'•'y: ~O !, 'i' / 1 1 i Ill II,.' 2 SO 910E ESYr 10 mSla IE51 EVM[T 0.ALER ♦ \�' �l' (♦ /{3`` '�11.. - Q oM.A. a Tl2nluTrrclarr a rurtlncrM REACH • f•e` PYCERI F[I1E EJYT 10 YVirEM C/llftlNla •• - eca4 F V s• ! !/i / 1 i ( 1{{1 1'' O faI31M COMYR PW nR. Is2uNl. ,• hxd %i' // n ' j i!!i� QPR0. Ir.16 10 PaCIfTt RLt[ ' L: 3 ✓ //I .� r l �� 'I 4 ``_ JB�� _ .wT % n I%Jll •' "' 1 • Q DSRC1 E Is- E.t.. Iw R[Mr 9[K. 1 �: I(1 rlle�� l !� fIr 1 •I1II A �� �/ f ��'tl l 1 f 1 Ia`I :1 I x0. Z611rK OISTM09 ! 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E WWll AM WATER MMN W rin RELOCATMN T�j Iva: 'a I' STA 396-64.62 A:�:' PROFILE �xa riwaRmo;woo -wW -LL X Lid I IE FOLLOIf'1:'VG Sirf'1 A13.3 DESIGN DIM IVINGS, DATED APRIL.i, 1994, IN TIIC ARDA --10F THE BISaV AVENUE L:ATE-NSION, ARE AM1WED: SIIEET TITLE SHEET n`OMBER(S) Typical Cross Section X-5 Typical Cross Section Details X-6 Construction Staking Surveying Control Data CSS-2 Layout L-8, 9, 13, 14,and 15 Profile P-22,23, and 24 Construction Details CA 5, and 6 ' Contour Grading G-8,9,and 15 Drainage Plan D-8, 9, and 13 Edge Drain Plan D-80 and 81 Utility Plan U-8, 9, 13, 14, and 15 Pavement Delineation Plan PD-9,9,and 12 Sign plan S-6 _ Electrical E-8 _ Cross Sections XS-28 and 29 Bison Ave. Bridge over Bonita Creel General Plan Bison Ave. Overcrossing General Plan t EXHIBIT D BOWIE, ARNF.SON, KADI, WILES & GIANNONE A PARTNERSHIP INC LUM40 A PROFESSIONAL CORPORATION ATMRNT6 AT LAW 4920 CAMPUS DRIVE u,pANDER BCM•E. NEWPORT SEAC K CAUFDRMIA 92660 JOAP:C.ARNESAIS AREA CODE 714 TELEPHONE 851•1300 V.UJL:AM J.KAD[ FAX(714)ES 1.2014 VANDY H.VALES PATF:ICIA&CW%I%XXM ROURT L ANSLOW 01�� ERIC R.DOERM nM;ITH&LEVY April 11, 1995 ART[)J.NUUTINl;.►I JANETL_MUELLER 12003 M 58 KRAE MLY A.&kM MAY "AMMS10KALCCRIORATIM TO: San Joaquin Hills Transportation Corridor Utility Agreement Distribution List Re: San Joaquin Hills Transportation Corridor Utility Agreement No. 3002 - Distribution of Final Execution Pages Ladies and Gentlemen: I have now received final execution of the above-referenced agreement (the "Agreement") from all parties to the Agreement. Please find enclosed with this letter photocopies of the original signature pages on behalf of all four of the signing parties. Because only limited numbers of execution originals were furnished, it is not possible to distribute original execution pages to all of the parties to the Agreement. If you have any questions with regard to this matter, please do not hesitate to contact the undersigned. Very truly yours, BOWIE, ARNESON, KADI, WILES & GIANNONE AlfG .(,� By Robert E. Anslow REA/res Enclosures 2AKWAarnFA,r..n9.5 i• r • SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR UTILITY AGREEMENT Diltributign List Mr. Gene Watson Mr. Karl Kemp Mesa Consolidated Water District 1965 Placentia Avenue Costa Mesa, California 92628-5008 (714) 631-1200 FAX (714) 574-1036 Mr. Winfield Wilson Nossaman, Guthner, Knox & Elliott 445 South Figueroa Street, 31st Floor Los Angeles, California 90071-1602 (213) 612-7800 FAX (213) 612-7801 Mr. John P. Carpenter California Corridor Constructors 2 Venture, Suite 250 Irvine, CA 92718-3331 (714) 753-1022 FAX (7I4) 753-1026 Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 (714) 536-5227 FAX (714) 374-1557 Ms. Gail Hutton City Attorney City of Huntington Beach P. O. Box 190 Huntington Beach, California 92648 (714) 536-5555 FAX (714) 374-1590 SAKWAGMEM"WIMI IM0]a 58 JUN 01 '90 09:35 FR NOSSAMM GUTHNER LA TO NGKE OCO P.02/60 11915 144 xf D R 6ree)OeHf,TS XIV Fil zr AS IT t4p410 OF S+ AN � LTII HILLS tow e-,,4�oPse,c, y ii-9s JOAQ ILLS TRANSPORTATION CORRIDOR UTILITY AGREEMENT NO. 3002 TABLE OF CONTENTS �'�'� P = ARTICLE I. GENERAL INTENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 1.1. General Intent-Relocation of Water Transmission Line . . . . . . . . 2 Section 1.2. Liability for Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE U. DEPOSIT OF COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.1. Deposit of Mesa Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.2. Accounting Following Acceptance - Mesa Costs . . . . . . . . . . . . 4 Section 2.3. Reimbursement for inspection Costs After Formal Acceptance of the Relocation Project . . . . . . . . . . . . . . . . . . . 4 ARTICLE III. PROJECT DESIGN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 3.1. Preparation of Plans and Specifications . . . . . . . . . . . . . . . . . 5 Section 3.2. Preparation of Gcotechnical Report/Geologic Requirements . . . . . 5 Section 3.3. Supporting Documentation for Plans and Specifications . . . . . . . 6 Section 3.4. Approval of Plans and Specifications . . . . . . . . . . . . . . . . . . . 7 ARTICLE IV. PROPERTY RIGHTS . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 7 Section 4.1. AcQsisition and Conveyance of Easement Rights . . . . . . . . . . . 7 Section 4.2. Title Policy Process . . . . . . , . . . . . . . . . . . . . . . . . . . . . . 8 Section 4.3. Mesa Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE V. PROJECT CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 5.1. Ret:ntion of Contractors by CCC . . . . . . . . . . . . . . . . . . . . . 10 Section 5.2. District Access and Right to Inspect . . . . . . . . . . . . . . . . . . . 11 Section 5.3. Coordination During Construction . . . . . . . . . . . . . . . . . . . . 12 Section 5.4. Connection to Mesa Facilities . . . . . . . . . . . . . . . . . . . . . . . 13 Section 5.5. Responsibility for Governmental Permits . . . . . . . . . . . . . . . . 14 Section 5.6. Ownership of Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE VI. BONDING AND INSURANCE REQUIREMENTS . . . . . . . . . . . . . 15 Section 6.1. Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.2. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 6.3. Insurance Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - i - JUN 01 193 09:36 FR NOSSAMAN GUTHNER to TO NGKE OCo P.03i60 ARTICLE VII. INDEMNIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 7.1. Indemnification by CCC . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 7.2. Indemnification by Mesa . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 7.3. Agency Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 7.4. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 ARTICLE VIII. WARRANTIES AND GU . . . . . . . . . . . . . . . . . . . . 20 Section 8.1. No Liens on Materials, Supplies or Equipment . . . . . . . . . . . . . 20 Section 8.2. Quality of Materials and Work . . . . . . . . . . . . . . . . . . . . . . 21 Section 8.3. Guarantee of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE IX. ACCEPTANCE OF PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 9.1. Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 9.2. Formal Acceptance and Ownership of the Project . . . . . . . . . . 23 Section 9.3. Responsibility for Abandoned Fixtures . . . . . . . . . . . . . . . . . . 24 ARTICLE X. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 10.01. Compliance with California Environmental Quality Act . . . . . . 24 Section 10.02. Work Performed at no Cost to Mesa . . . . . . . . . . . . . . . . . 24 Section 10.03. Betterments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 10.04. Breach of Conditions and Opportunity to Cu. .re . . . . . . . . . . . 25 Section 10.05. Reimbursement as Between Agency and CCC . . . . . . . . . . . 25 Section 10.06. Assumption of Obligations by Agency . . . . . . . . . . . . . . . . 26 Section 10.07. Reference to Contract No. S90-19 . . . . . . . . . . . . . . . . . . . 26 Section 10.08. Termination or Cancellation . . . . . . . . . . . . . . . . . . . . . . 26 Section 10.09. Nondiscrimination Clause . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 10.10. City as a Third Party . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 10.11. CCC as Independent Contractor . . . . . . . . . . . . . . . . . . . . 30 Section 10.12. Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 10.13. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 10.14. Captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.15. Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 10.16. Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 10.17. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 10.18. Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 10.19. Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 10.20. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 10.21. Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ii JUN 01 193 09:36 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.04/60 t A Section 10.22. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 10.23. Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 10.24. Warranty of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 10.25. Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 10.26. Execution of Counterparts . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 10.27. Signatories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 - iii - JUN 01 193 09:36 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.05i60 t SAN JOAQUIN BILLS TRANSPORTATION CORRIDOR UTILITY AGREEMENT 1`O. 3002 DATED: THIS AGREEMENT (tire "Agreement") is made and entered into as of the date specified above by and between the San Joaquin Hills Transportation Corridor Agency, a joint powers agency (the "AGENCY"), Califomla Corridor Constructors, a joint venture of Kiewit Pacific Co. and Granite Construction Company ("CCC"), the Aiwa Consolidated Water District, a county water district, organized pursuant to Water Code Sections 33200 and following, and operating pursuant to Water Code Sections 300M and following ("MESA") and the City or Huntington Beach, a political subdivision of the State of Caltfomia (the "CITY"). RFcrrAT-9 F A. AGENCY proposes to construct that certain major thoroughfare and associated f bridges known as the San Joaquin Hills Transportation Corridor (the "CORRIDOR'), and has delegated to CCC the authority and responsibility to cause the relocation or modification of t:tilities which, in their present location, interfere with the CORRIDOR. Together with the CITY, MESA owns and maintains: a 42-inch water transmission pipeline as shown in Exhibit "A", attached hereto and incorporated herein by this reference (Crossing No. 3002) (in some instances referred to as the "Facilities"). The Facilities are owned and operated pursuant to a joint use agreement entered into, and subsequently amended, by and between AIESA and the CITY. Pursuant to the provisions of such joint use agreement MESA has the responsibility for the maintenance of such Facilities and as such is entering into this Agreement on behalf of itself and the CITY with the CITY's consent. B. The Facilities require relocation to accommodate the CORRIDOR project. MESA and the CITY previously instilled the Facilities pursuant to an easement granted to MESA and the CITY by way of that certain documert, which was recorded in the Official 8 A KW&GI R EAhe s 18454.08 12(,03 M53.R/2&M4.Fmil ' z. JLN 01 '93 09:37 FR NOSSAMAN GUTHNER t.R TO NGKE OCO P.06/60 Records of the County of Orange, California. on September 24, 1964, in Book 7232, Page 711. of Official Records of the County of Orange (hereinafter referred to as the "Easement"). BASED ON THE FOREGOING RECITALS, AND THE COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES TO THIS AGREEMENT DO AGREE AS FOLLOWS: . GENERAT,IN I`'TIOh Section U. general Inter#Relocation of Mter,TranlMis_sion Line. In order for CCC to construct the CORRIDOR project without unreasonably 'impairing the ability of MESA to operate and maintain the Facilities, CCC is willing, at its expense. to relocate the Facilities to a different location mutually acceptable to MESA, CCC and AGENCY. As part of this Agrccmcnt, CCC tecognixes the importance of the Facilities to MESA as a primary source of water for service to MESA's customers, MESA, AGENCY and CCC each recognize that it is essential that the relocation be accomplished with minimal interruption to NIESA's operations, and in accordance with the construction schedule for the CORRIDOR project. In accordance with Notice to Mesa No. 3002, dated April 6, 1993, CCC shall Ielocate MESA's 42-inch domestic water line to the location shown on Exhibit "A", attached hereto. The removal/abandonment, capping and relocation of the Facilities is hereinafter collectively referred to as the "Relocation Project". The relocated water line, and appurtenant facilities, are in some instances referred to as the "Relocated Facilities." 5P.ction 1.2. Liability f r Project. The Facilities are located in their present position pursuant to rights prior and superior to those of AGENCY and will be relocated at CCC's sole expense. MESA shall 2 - BAKW&10.REA►rtygsS4.(M 12103 M38 -8n6/94 .Fine JUN 01 '93 09:37 FR NOSSAMAN WTHcR LA TO NGKE OCO Q.07f60 i' r have n(yliability whatsoever for any costs of the Relocation Project, including, but not Iimited to, change orders (other than bettcrmcnts (as identified in Section 10.03, hereof)). ARTICLE II. DEP_05M F COSTS. Section 2.1. Deposit of Aiesa Costs. All actual and reasonable administrative, inspection, engineering and legal costs incurred by MESA as a result of the Notice to Relocate dated April b, 1993, to review, study and/or prepare relocation plans and estimates for the Relocation Project or otherwise related to this Agreement or the Relocation Project will be paid by CCC to MESA in accordance with the following procedures; pursuant to a letter agreement, dated March 8, 1994 (which is hereby incorporated by this reference), between MESA and CCC, CCC has deposited with MESA the sum of Fifty Thousand Dollars ($50,000) to pay for the actual and reasonable design, engineering, administrative, inspection, engineering and legal costs expended or anticipated to be incurred by MESA as specified in this Section. In the event that the amount of Fifty Thousand Dollars ($50,000) is determined by MESA to be insufficient to cover all actual and reasonable costs for the design, engineering, administrative, inspection, engineering and legal services of MESA in connection with the Relocation Project, CCC shall promptly make, upon being provided adequate evidence by MESA of required additional costs, additional deposits it the amount approved by CCC within ten (10) days of written approval by CCC. In order to avoid a situation where the deposit amount will be insufficient to cover the above-referenced costs, the MESA shall.provide notice to CCC at tease ten (10) l:usiness days prior to any date on which MESA anticipates the then-current amount of the eeposit will be expended. MESA agrees that at such ti ne(s) that it shall provide a general t-rcakdown or printout of how the prior deposit(s) have been expended by Mesa for its costs as set forth above. Notwithstanding any provision herein to the contrary, CCC shall nat undertake, or continue with, any work on the Relocation Project unless and until there are adequate funds on deposit with MESA to cover MESA's costs of inspection of the Relocation Project. Notwithstanding any provision hercln to the contrary, MESA shall be under no Oligation to perform any work on any aspect of the Relocation Project unless and until there - 3 - I 0AKW&G1RDVrc 454.C8 WWI Wit.81261rx.Fing JUN 01 '98 09:38 FR NOSSPMAN GUTHNER LA TO NGKE OCO P.03/60 are adequate funds on deposit with MESA to cover MESA's actual costs of such work, as provided for in this Section 2.1. seen 2.2. Accolinting Following Acceptance --Mesa hosts. MESA shall, within thirty (30) days of formal acceptance of the Relocation Project, as set forth in Section 9.2 hereof, provide CCC with a full accounting for all monies received by MESA from CCC with respect to the Relocation Project, the expenditure of such funds by MESA, and the return of such funds to CCC as provided for in the following sentence. Any sums deposited by CCC with MESA which remain unexpended shall be refunded to CCC within thirty (30) days of formal acceptance of the Relocation Project, or any portion thereof with respect to the Facilities, by MESA, as set forth in Section 9.2. hereof. Such costs include actual and reasonable design, engineering, administrative, legal, inspection and related expenses directly attributable to the Relocation Project including, but not limited to, the preparation of this Agreement inclusive of attachments and exhibits. S ectln 2.3. Reimbursement or_Inspr,tlo,CggA After Formal Acceptance or the Relocation PrQICCt. The parties to this Agreement specifically recognize, and agree, that following formal acceptance of the Relocation Project by MESA that additional work will be performed by CCC over and near the Relocation Project as part of the completion of the CORRIDOR project. Such additional work will require a reasonable amount of inspection by MESA when CCC, or any of its contractors or subcontractors, are working in such areas to insure that the Relocation Project is not damaged or disturbed as a consequence of such work. Any work performed, or to be performed, over or near the Relocation Project which is not performed by CCC, CCC's contractors or subcontractors or ocher parties not under the control of CCC. shall not be subject to this Section 2.3. Notwithstanding that the final accounting pursuant to Section 2.2, hereof, may rave been completed, MESA may invoice CCC for the reasonable costs of Inspections conducted pursuant to this Section 2.3. MESA shall also provide a brief description of the inspection services for which such invoice is presented. CCC shall pay such invoices within fifteen (15) business days of their presentation by MESA. - a - BAKW&GIkEAlnyBa 54.08 120U3 MIR -V26Y44 .Final JUN 01 193 09:38 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.09/60 ARTICLE III. PROJECT DESIt;N. Section 3.1. preparation of-Plans Snd SVCCiftcationL. MESA shall cause plans and specifications for the Relocation Project to be prepared. The plans and specifications shall provide for the Relocation Project to be constructed and located in the alignments as generally set forth in Exhibit "A", attached hereto and incorporated herein by this reference. Exhibit "A" may be amended with the written consent of AGENCY, CCC and MESA. All plans and specifications shall comply with the requirements of this Agreement, MFSA's standard requirements and with the Caltrans Standard Specifications and other applicable Caltrans and AGENCY rules, regulations, policies, and procedures, and with all other applicable laws, rules, and regulations. In the event of a conflict between the requirements of MESA, Caltrans and the AGENCY, the parties shall consult with each other in order to reach mutually satisfactory Relocation Project plans and specifications. Seegfi n 3.2. &eparatjon4f Geotechnicai Re ortl6jo Qgic Require=nLI. As part of the preparation of such plans and specifications CCC shall, at its sole cost and expense, retain a registered geotechnical engineer who shall: (a) Evaluate the soil conditions along the alignment for the proposed relocation of the Facilities; (b) Evaluate settlement monitoring data obtained from surface monuments established along the alignment for the relocation of the Facilities and provide an estimated long-term settlement profile for use in the design of the relocation of the Facilities; (c) Observe that the trench for the relocation of the Facilities has been excavated in suitable material; and - S - E o,KW&GrREA4 18454.08 12003 M58 -0126194-Final JUN 01 '92 09:39 FR NOSSAiyAN GUTHNER LA TO NGKE OCO P.30/60 (d) Observe and test the pipe zone and trench bacIdill for compliance with the Relocation Project plans and specifications. A soils-grading report shall be prepared by the geotechnical engineer. The report shall include the locations and elevations of field density tests, summaries of field and laboratory tests, settlement monitoring data, and other substantiating data and comments on any changes made during grading and the effect of these matters on the recommendations made in the soils engineering investigation report. The geotechnical engineer shall render a finding as to the adequacy of the site for the intended use. CCC shall retain a registered engineering geologist to inspect and map bedrock exposed during the site grading. Such registered engineering geologist shall prepare a geologic-grading report which includes a final description of the geology of the site and any new information disclosed during the grading and the effect of the same on the reconunendations incorporated in the approved grading plan. The engineering geologist shall render a finding as to the adequacy of the site for the intended Use as affected by geologic factors. In this regard, it is specifically acknowlcdged at this point that the 42-inch pipeline over a portion of its length (which Includes the portion to be relocated pursuant to this Agreement) closely parallels a portion of a water transmission pipeline owned by the Metropolitan Water District of Southern California ("MWD") The M%VD pipeline is also being relocated as part of the CORRIDOR project. To the extent that the Relocation Project end the relocation of the MWD pipeline closely parallel each other, the parties recognize that e single geotechnicallgeologic engineer and/or report may be sufficient to satisfy the Feotechnical requirtmtnts of this Section. `fcetien 3.3_ Supporting Datumentation for F1an5 and Sven fcL ations. CCC shall also submit on a timely basis to NIBA any and all maps, plans, grading Frofilcs, soil reports, title reports and any other dated information required by this Agreement - b - 8 A Kw&GIR E41MIS454.On M013 M38-8 I6/9a-Firal JUN 01 '98 09:39 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.11/60 as may be requested by MESA-for its design and preparation of the plans and specifications for the Relocation Project. All reasonable costs incurred for the design and preparation of plans and specifications for the Relocation Project shall be subject to the provisions of Article II, hereof. Section 3.4. Approval or Plans and Specifications. All plans shall be subject to the approval of CCC, which approval shall not be unreasonably withheld. MESA shall cause the plans and specifications to be revised in a manner mutually acceptable to all parties in light of comments from CCC and the reasonable requirements of the CORRIDOR project. Following receipt of MESA's resubmitted plans and specifications, CCC shall, in writing, approve or disapprove said plans and specifications. In the event that the parties, after all reasonable and good faith efforts have been undertaken to do so, are unable to mutually agree on plans and specifications, the parties shall, at CCC's cost, retain an independent third party engineer, acceptable to all parties, to review the then-existing plans and specifications and consult with the respective parties to receive their comments and requirements in such regard. Such engineer shall have the final determination as to all remaining disputed matters. ARTIOXsY. PROPERTY RIGHTS. section 4.l". Acqui-gitQn 1111dConicyance of Easement Rights. AGENCY will acquire new rights-of-way in the name of either AGENCY or MESA, at no cost to MESA, through negotiation or condemnation and, when acquired in AGENCY's name, shall convey same to, or secure for, MESA and the CITY by Easement Deed(s) or shalt, in the case of property owned by Caltrans, shall arrange for execution of a Joint Use Agreement as discussed in this Article. The form of such Easement Deed(s), or Joint Use Agreement(s), as the case may be. shall be in a form approved by MESA. The form of the Joint Use Agreement is attached hereto as Exhibit "B" and is incorporated herein by this reference. The casement(s) necessary for the Relocation Project, exclusive of area(s) where a Joint Use Agreement shall be applicable, may in some instances be referred to herein as the 3%Kw&G/RCNns18454.03 12003 MSS-B 2619t-Find JUN 01 '93 09:40 FR NOSSAMAN GUTFNER LA To NGKE OCO P.12i60 "New Easement." Exact legal descriptions of the foregoing shall be subject to the written approvals of AGENCY and MESA which shall not be unreasonably withheld or delayed. Section_4.2. Title Poliey Process. Concurrent with, or prior to, the tender to MESA of the Joint Use Agreement executed by Caltrans, an3 the New Easemcnt(s), or equivalent satisfactory to MESA, (as referenced in Section 4.1, above), the AGENCY shall furnish to MESA, at no cost to MESA, a current preliminary title report describing the interests and parties, if any, having any interest in the land covered by the New Eascmcnt(s) and Joint Use Agreement (as discussed below). If the New Easement(s), supporting title information and status of the title are reasonably satisfactory to MESA, and provided that the New Easement or Joint Use Agreement is not subject to any encumbrances, interests or uses which might adversely impact or interfere with the Facilities or the use of the New Easement by MESA and the CITY, MESA shall accept the New Easement or Joint Use Agreement, on behalf of MESA and the CITY, and shall cause the New Easement or Joint Use Agreement to be recorded. In the event that AGENCY is unable to furnish a New Easement or Joint Use Agreement reasonably satisfactory to MESA, or in the event that MESA reasonably determines that the supporting tine information is unsatisfactory or if MESA reasonably determines that the AGENCY is unable to provide the New Easement or Joint Use Agreement free of any encumbrances, interests or uses which might adversely impact or interfere with the Facilities or the use of the New Easement or Joint Use Agreement by MESA and the CITY and AGENCY is unable or unwilling to correct such defect(s), MESA shall notify the AGENCY and CCC in writLng of its desire(s), and if so determined by MESA, this Agreement shall terminate and MESA shall, within thirty (30) days of receipt of written notice from CCC, refund to CCC any sums remaining on deposit pursuant to Article II which are not needed to pay for the administrative, inspection, engineering and legal costs incurred by MESA up to the date of such written notice. - 8 - HA K W&G1 RFArrcV1t45&.nJt 12()03+isa.216/9;.Final JUN 01 '98 09:40 FR NOSSAMAN GUTHNER to TO NGKE OCO P.13i60 MESA and the AGENCY agree to take such other and further actions as are reasonably necessary or useful to coordinate the title review and approval process set forth in this Section 4.2. Within thirty (30) days of the date of acceptance by MESA of the New Easement and the Joint Use Agreement, AGENCY shall furnish, at no cost to MESA and the CITY, a CLTA policy of title insurance naming MESA and the CITY. in the face amount of Six Hundred Ninety-Seven Thousand Six Hundred Fifty Dollars (S697,650), issued by a title insurance company acceptable to MESA and the CITY, insuring the rights conveyed to them by the New Easement. - Where MESA has prior rights in lands which are owned by Caltrans and where MESA's facilities will remain on or be relocated within such laud, a Joint Use Agreement ("Joint Use Agreement" or "JUA") shall be executed by CaItrans, MESA and the CITY. Exact Iegal descriptions of the foregoing shall be subject to the written approvals of Caltrans and MESA which shall not be Unreasonably withheld or delayed. Scales 4.3. Mesa_ uit{:laim-Deed. Concurrently with acceptance of the Relocation Project (or any of the Facilities and their related right-of-way), and the execution of the Joint Use Agreement in accordance with Section 4.2, MESA and the CITY shall execute a quitclaim deed in the form attached hereto as Exhibit "C". and incorporated herein by this reference, conveying to the record owner(s) all of MESA's and the CITY's right, title and interest in and to the following described real property: (1) As to Crossing No. 3002, MESA's and the CITY's interest in the easement within which the 42-inch water line is located, except for that portion subject to the Joint Use Agreement. Exact legal descriptions of the foregoing shall be subject to the written approvals of AGENCY and MESA which shall not be unreasonably withheld or delayed. The Quitclaim deed provided by MESA and the CITY shall not be recorded until such time as the connection to the Relocated Facilities has been made in accordance with the provisions of Section 5.4, hereof. - 9 - DAKWA G1RZA1res,%434.U11 12003 M5N-11126194.Final JUN 01 '99 09:40 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.14i60 ARSE I. PROECr CONSIRVCTrONT. Section 5.1. Rete 'on of-Contractors by CCC. CCC shall itself construct, or employ a contractor or contractors to construct, the Relocation Project and all Work shall be performed in strict accordance with the approved plans and specifications. In the event that CCC employs a contractor or contractors to construct the Relocation Project, CCC shall, at least thirty (30) days prior to the commencement of construction, notify MESA in writing of the contractor or contractors proposed to be employed by CCC and also contractors who perform in excess of one half of one percent (0.5%) of Relocation Project construction, and MESA shall have fifteen (15) days from the date of receipt thereof in which to notify CCC in writing of the approval by MESA of such contractors and subcontractors; provided, however, that such approval shall not be unreasonably withheld. Should MESA fail to respond within said fifteen (15) day period, MESA shall be deemed to have approved said contractor(s) and/or subcontractor(s). CCC shall promptly furnish to MESA all shop drawings and all invoices, bills and other documents from CCC's contractors, suppliers and subcontractors confirming the types, form and quantity of materials, parts and equipment delivered, produced or installed in connection with the construction of the Relocation Project. MESA shall, upon request, be entitled to review, inspect and photocopy all or any part of each contract entered into between CCC and each contractor and/or supplier for the performance of any work or the furnishing of any materials in connection with the construction of the Relocation Project. MESA shall have the right to inspect the work and the milling/fabricating of the pipe to be installed as part of the Relocation Project during construction of the Relocation Project. MESA shall have the right, in its discretion, to retain an independent contractor to conduct such inspection by or on behalf of MESA. Such inspection shall be subject to the provisions of Sections 1.2 and 2.1 of this Agreement. - 10 - BA KwA G1RWres18454.08 12003 M58.8•126194-Finsl JUN 01 '93 09:41 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.15/60 Section 5.2. District Access and-RiTht to InSMet. MESA and AGENCY shall have access to all phases of the relocation work and all construction records and reports for the purpose of inspection to ensure that the work is in accordance with the approved plans and specifications. Any provision to the contrary notwithstanding, CCC shall not backfill over any of the Relocated Facilities until such time as such Relocated Facilities are inspected by MESA. In light of the foregoing sentence. MESA shall inspect the Relocated Facilities with reasonable diligence to allow CCC to backfill without unnecessary delay. CCC shall promptly notify the MESA District Engineer of unreasonable delays in such inspection, if applicable, prior to any back filling of the Relocated Facilities. Questions by MESA, or MESA's inspector(s), regarding the work being performed pursuant to this Agreement shall be initially directed to the CCC Section Quality Control Manager or an officer of CCC who has the authority to order changes in order to construct the Relocated Facilities according to the plans and specifications approved pursuant to Article III hereof. The CCC Section Quality Control Manager shall promptly consult with the MESA inspector(s) and/or representative(s) to address MESA's concerns. If such consultations do not result in a resolution of the matter to MESA's satisfaction the Utility Manager and Deputy Project Manager of CCC shall, upon MESA's request, promptly consult with the District Engineer of MESA to address MESA's remaining concerns. It is the desire of MESA and CCC to resolve construction questions by informal consultations and corresponding actions as part of this Agreement. After consultation and consideration, CCC shall have the right to direct the work, provided that the work shall be performed in accordance with the terms of Section 5.1, above, and this Section. In the event of an emergency. as determined in the reasonable discretion of CCC's designated representative, where prompt action is necessary to protect the CORRIDOR or the Relocation Project, CCC shall have the right to direct the work without consultation on MESA's questions. CCC shall promptly notify MESA in writing of any emergency action taken. All work in connection with construction of the Relocation Project shall be performed in a workmanlike manner and in accordance with industry standards of construction quality. CCC shall also comply with the requirements of Section 8.2 of this Agreement. Any - 11 - SAKWd GIRFAIrrsA454.03 12003 M58-$125!94-Final JUN 01 '98 09:41 FR NOSSAMAN GUTHNER LA TO NC-ICE OCO P.16/60 Relocation Project construction work reasonably determined by MESA to be inconsistent with the plans and specifications or defective shall be promptly remedied or replaced at no cost to MESA or the CITY. The parties at this point spt-cifically reference the provisions of Section 9.2, hereof. It is specifically and expressly acknowledged by CCC and AGENCY that MESA shall be under no obligation to accept the Relocation Project, or any portion thereof, if CCC fails to comply with the provisions of this Section 5.2. or if it is defective or does not strictly conform to the plans and specifications approved pursuant to Section 3.4, hereof, as amended pursuant to the following paragraph. All change orders, or other deviations, from the plans and specifications, approved pursuant to Section 3.4 of this Agreement, shall be approved of, in writing, by MESA prior to any work on such change order or deviation commencing. MESA's approval shall not be unreasonably withheld. Requests for approval of such change order(s), or deviations(s). shall be submitted in writing to MESA pursuant to Section 10.13, hereof. MESA shall approve or deny such requests within fifteen (15) calendar days of their receipt by MESA. In the event that MESA does not deny or object to such request within such time period, MESA shall be deemed to have consented to such request. Salina 5.3. CdnEdinati4n-During_Coonstruction. MESA, AGENCY and CCC acknowledge that the timely completion of the CORRIDOR will be influenced by the ability of MESA, AGENCY and CCC to coordinate their activities, communicate with each other, and respond promptly to reasonable requests. In addition to conforming with the plans and specifications and furnishing reports as set forth above in this Agreement, CCC agrees to notify MESA of all relevant information regarding the Relocation Project. CCC shall also, in as timely a manner as reasonably possible. provide MESA with other information pertinent to the Relocation Project. MESA, AGENCY and CCC agree to take all steps reasonably required to coordinate their respective duties hereunder in respect to such relocation in a manner consistent with CCC's current and future construction schedules for the CORRIDOR. - 12 - BAKW&CIREAfreu84S4.09 12U)3 MSB-9126/94.ripat JUN 01 '93 09;42 FR NOSSAMAN GUTHHER LA TO NNE OCO P.17i60 Sedion.5.1• It is recognized that the Relocation Project may require the temporary suspension of water deliveries through the 42-inch water transmission line and that the Relocation Project construction activities must be prosecuted and completed in such a way as to result in minimal disruption in water supply to MESA and its customers. CCC and MESA shall cooperate to schedule such water delivery suspension in order to cause the least practicable disruption to the water d.-livery operations of MESA. In no event shall any connection to the 42-inch line be made during the period of April 15 through October 15. Notwithstanding Lhe foregoing, the parties acknowledge that the San Joaquin Reservoir is scheduled to be shut down, for a period of time, for renovation. CCC may make connection(s) to the 42-inch line at any time if, during the entirety of time consumed by such connection, (i) the San Joaquin Reservoir is out of service; and (ii) MESA, in its discretion, determines that the 42-inch line shall not be otherwise necessary for its operations or for water importation or transmission purposes. MESA shall be notified in writing at least fifteen (15) days prior to the date on which CCC desires to make a connection to the 42-inch water transmission line. Within five (5) days thereafter, MESA shall notify CCC in writing whether the proposed schedule for the connection to the 42-inch water transmission line is acceptable, and thereafter MESA shall coordinate the scheduling and implementation of the connection with CCC. Notwithstanding the foregoing, MESA may revoke or modify the approved schedule for the connection to the 42-inch water transmission line in the event that MESA subsequently determines, in its sole discretion. that water storage, water delivery or other facility constraints preclude the suspension of water deliveries as set forth in the schedule approved by MESA. In such event, MESA shall endeavor, in good faith, to promptly prepare a new schedule for such connection to the 42-inch water transmission line. Under no circumstances shall any connection(s) be made to the existing Facilities until all the following shall have occurred: a) the New Easement(s) referred to in Article IV. hereof, have been provided and shall have been accepted by MESA and the CITY in accordance with the provisions of such Article IV. - 13 - BnKw&G+R Entresf Aa54.o8 1203 MSS•s/26t%•rirul JUN 01 '98 09:42 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.18i60 b) the Joint Use Agreement(s) referred to in Article IV, hereof, have been provided and shall have been accepted and entered into by MESA and the CITY in accordance with the provisions of such Article IV; e) MESA shall have formally accepted the Relocated Facilities as set forth in Article IX, hereof; d) the Quitclaim Deeds Shall have been provided as set forth in Section 4.3, hereof, and e) the provisions of this Section 5.4 shall have been complied with. The parties at this point specifically and expressly agree that, notwithstanding any other provision herein to the contrary, MESA and the CITY shall not be liable for any costs, claims, damages or expenses, of any kind, including, but not limited to, delays to the CORRIDOR project, to the AGENCY, or CCC or any of their officers, directors, employees, agents, contractors, subcontractors, consultants or engineers which result from the compliance, or insistence upon compliance by any party, with the provisions of this Section 5.4. Sertinn Except as expressly provided in Section 10.01, hereof, CCC shall be responsible for obtaining, at no cost to MESA, any and all permits, licenses, or other approvals required by all applicable governmental agencies for the construction of the Relocation Project in accordance with the plans and specifications approved pursuant to Section I, hereof. Section -5.fi. jawnerihip o£Prolect. Until the formal acceptance of the Relocation Project pursuant to Section 9.2. below, CCC shall have the full charge of the Relocation Project, including the Relocated Facilities. and shall bear the risk of injury or damage to any part thereof by the action of the elements - 14 - B A KW&G r R FA,rcW8=5d.O8 12003 1rsa -6125194.t'inat i. JUN 01 '93 09:43 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.19i60 or from any other cause (other than the active negligence or willful misconduct of MESA, or its officers, director. employees or agents), whether arising from the execution or from the nonexecution of work on the Relocation Project. ARTICLE I?. DOMMG. AND WSMANCE REWMETMEM. Section 6.1. ]4Ild5. Prior to the commencement of construction under this Agreem--nt CCC shall furnish to MESA, at no cost to MESA, a payment bond in an amount not less than one hundred percent (100 T) of the estimated Relocation Project construction cost, and a faithful performance bond in an amount not less than one hundred percent (100%) of the estimated Project construction cost, which bonds shall be maintained in full and effect through the guarantee period set forth in Section 8.3. The bonds shall be in favor of or shall include MESA as a beneficiary, shall be issued by an admitted surety, and shall be on the forms attached hereto as Exhibits "D" and "E" and incorporated herein by this reference. Section-6.2. Insurance. Prior to the commencement of construction on the Relocation Project, CCC shall furnish to MESA and the CITY certificates evidencing all of the insurance required herein from companies acceptable to MESA. CCC shall not permit any contractor or subcontractor to commence or undertake construction on any portion of the Relocation Project until all such insurance required herein is obtained and proof thereof furnished to MESA. The following policies of insurance shall be taken out and maintained throughout the entire period that the Relocation Project is under construction: 1. Workers''Compensation insuranc: CCC, and each contractor employed by CCC. shall take out and maintain workers' compensation insurance to cover all of its employees as required by law. and each contractor shall require all subcontractors similarly to provide such workers' compensation insurance for all of - 15 - 11AXW&G/REA1msr8414.0S 12003 MSR-M&M-Final JUN 01 '93 09:43 FR NOSSPnAN GUTHNER LA TO NGKE OCO P.20/60 the latter's employees. Each such policy of insurance shall contain the following endorsements: (a) 'The insurer waives all rights of subrogation against the Mesa Consolidated Water District, the City of Huntington Beach and their respective officers, directors, employees and representatives." (b) "This insurance policy shall not be canceled, limited, reduced or non renewed until thirty (30) days after receipt by the Mesa Consolidated Water District of a written notice of such cancellation, limitation, non renewal or reduction of coverage as evidenced by receipt of a registered letter." 2. I,iAbO,y_Insurance: CCC and each employed contractor who will perform in excess of one percent (1.0%) of the Relocation Project construction under this Agreement shall take out and maintain comprehensive general liability insurance, including owned, non-owned and hired vehicles, providing the following minimum limits: (a) Bodily injury: $3,000,000.00 per occurrence, and (b) Property damage: $500,000.00 per occurrence and such insurance shall cover the following hazards: (i) Premises--Operations (ii) Contractors Protective (iii) Blanket Contractual (iv) Products and/or Completed Operations - lb QAK W&GIMArresr84Sa.04 17003 A731s-14l-I6J9;.Finn} JUN 01 '98 09:44 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.21i60 (v) Property Damage Liability arising out of the so-called "XCU" hazards (explosion, collapse and underground damage) (vi) Broad Form Property Damage (vii) Policy to include severability of interest clause (viii) Personal Injury--Exclusion "D" removed Each such policy of insurance shall contain the following endorsements: (1) 'The Mesa Consolidated Water District, the City of Huntington Beach and their officers, directors, agents, employees, and consultants are hereby declared to be additional insureds under the terms of this policy." (ii) "This insurance policy will not be canceled, limited, reduced or non renewed until thirty (30) days after receipt by the Mesa Consolidated Water District of a written notice of such cancellation, limitation, non renewal or reduction of coverage as evidenced by receipt of a registered letter." (iii) "This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy; neither the Mesa Consolidated Water District or the City of Huntington Beach shall be liable for the payment of premiums or assessments on this policy.' - 17 - A A Kµ'&G I REA/m VA 4 54.0 12W3%153-1trZtj%.Final JUV 01 '90 09 t 44 FR NOSSAMAN GUTHNER LA TO NGKE OCo P.22i60 i Section 6.3. TaSur2 nee-Renewal. At least thirty (30) days prior to the expiration of any policy of insurance required above in Section 6.2, above, including all subsections thereof, a signed and complete certificate of insurance, with all endorsements required therein, showing that such insurance coverage has been renewed or extended, shall be filed with MESA. CCC shall not permit any contractor or subcontractor to continue construction on any portion of the Relocation Project if such insurance is not renewed or if proof of such insurance renewal is not provided to MESA in accordance with this Section 6.3. ABT,i(.TXI. Section 7.1, CCC shall indemnify. defend and hold harmless MESA, AGENCY, its current and future members, the State of California, acting by and through its Deparunent of Transportation ('Caltrans"), their respective successors and assigns and their respective directors, officers, agents, employees, engineers, contractors, subcontractors or consultants, from and against any and all actions, claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees and costs, and expert witness fees and costs) and liabiliry of any kind arising out of the construction activities of the Relocation Project and/or the CORRIDOR project based on this Agreement or any act or omission of CCC or its officers, agents, employees, engineers, contractors, subcontractors or invitees with respect to the Relocation Project and/or the CORRIDOR project, whether or not there is concurrent passive negligence on the part of MESA or AGENCY or their respective officers, agents, directors, employees, representatives, agents, engineers, subcontractors, or consultants, but excluding the portion of such actions, claims, damages. losses, liabilities, costs and expenses arising from the active negligence or willful misconduct of an indemnified party or its agents. servants or independent contractors (other than CCC} who arc directly responsible to such indemnified party. - 18 - BA KWAGIREA/m/8454.08 12007 M58•8126194-final JUN 01 '98 09:44 FR NOSSAMAN GUTHNER LA To NGKE OCO P.23/62 Section 7.2. MESA shall indemnify, defend and hold harmless CCC, AGENCY, its current and future members, their respective successors and assigns, directors, officers, agents, employees, engineers, contractors, subcontractors or consultants from and against any and all actions, claims and damages, losses, penalties, costs and expenses (including reasonable attorneys' fees and costs, and expert witness fees and costs) and liability of any kind arising from the active negligence or willful misconduct of MESA or its directors, officers, agents, employees, engineers, consultants, contractors or subcontractors in connection with (1) MESA's operation of the Facilities within the original easement during the construction of the Relocation Project, (2) MBA's design of the plans and specifications for the Relocation Project pursuant to the terms of this Agreement provided, however, that indemnity under this subpart (2) shall be limited to a maximum of one million dollars ($1,000,000) notwithstanding any provision herein to the contrary, and (3) MESA's operation and maintenance of the Relocation Project, or portions thereof following MESA's written acceptance of the Relocation Project, but excluding the portion of such actions, claims, damages, losses, liabilities, costs and expenses arising from the active negligence or willful misconduct of a party indemnified or its agents, servants or independent contractors who are directly responsible to such indemnified party. S ecVon 7.3. Agency IndgMnifiCation. AGENCY shall indemnify, defend and hold harmless CCC. MESA, their respective successors and assigns, directors, officers, agents, employees, engineers, contractors, subcontractors or consultants from and against any and all actions, claims, damages, losses, penalties, costs and expenses (including reasonable attorneys' fees and costs, and expert witness fees and costs) and liability of any kind to, arising out of any act or omission of AGENCY, its officers, agents, directors, employees, engineers, contractors or subcontractors (other than CCC) or consultants, with respect to the Relocation Project, whether or not there is concurrent passive negligence on the pact of CCC or MESA or their respective officers. agents, directors, employees, representatives, agents, engineers, subcontractors or consultants, but excluding the portion of such claims, damages, losses, liabilities, costs and - 19 - aAKW&G►REA/res/YSSs.OR 12103 M98-8126194-FiMIJ JUN 01 '98 09:45 FR NOSSAMAN GUT>`NER LA TO NGKE OCO P.24i60 expenses arising from the active negligence or willful misconduct in the design or construction of the Relocation Project of an indemnified party or its agents, servants or independent contractors who are directly responsible to such indemnified party, or arising from any claimed defect in any design or construction work on the Relocation Project. Secilon 7.4. Interpretatlon In the event of any inconsistency between the foregoing indemnities between CCC and AGENCY and any other indemnity which may be applicable to an occurrence for which a claim of indemnity hereunder is made, the indemnity which provides the greatest protection to the irdemnitee shall prevail; provided, MESA's rights to indemnity from CCC or AGENCY as specified in this Agreement shall not be impaired in any fashion by reason of the foregoing of terms of this Section 7.4. ARTICLE 3I11. WARRANTIES AND GUAR&SEEES. RSectiaa_$.1. No Liens No materials, supplies, or equipment for the work under this Agreement shall be purchased subject to any chattel Mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. CCC hereby warrants to MESA and the CITY clear and good title to all materials, supplies, and equipment installed and incorporated in the Relocation Project work and agrees upon completion of all work to deliver the premises together with all improvement and appurtenances constructed to be placed thereon by CCC to MESA and the CITY free from any claims, liens, encumbrances, or charges and further agrees that neither CCC nor any person, firm or corporation furnishing any material or labor for any work covered in this Agreement shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude CCC from installing metering devices or other equipment of utility companies or of municipalities, the title of which is commonly retained by the utility company or the municipality. Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or - 20 - 8AK W&Gf R WeCS!8454.08 12003 WS-8-76t93- t`iiW JUN 01 '90 09:45 FR NCSS MAN GUTHNER LA TO NGKE OCO P.25i60 labor under any bond given by CCC for their-protection. The provisions of this Section shall be inserted in all subcontracts and material contracts, and notice of the terms of this Section shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. Sgetloi3$,2. Quality of aterials and Work. All equipment, materials and supplies to be incorporated in the Relocation Project work shall be new, unless otherwise specified. All equipment, trtaterials, and supplies shall be produced in a good and workmanlike manner. When the quality of a material, process, or article is not specifically set forth in the plans and specifications, the best available quality of the material, process or article shall be provided. Whenever any material, process, or article is indicated or specified by grade, patent or proprietary name, or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of materials, process, or articles desired and shall be deemed to be followed by the words "or equal", and CCC may offer any material, process, or article which shall be substantially equal or better in every respect to that so indicated or specified; provided, however, that if&e material process or article ordered by CCC is not, in the opinion of MESA, equal or better in every respect to that specified, then CCC must furnish the material, process, or article specified within the plans and specifications. Section 8.3. Guarantee at Work. In addition to guarantees provided by material suppliers or required herein, CCC shall and hereby does guarantee the work on and construction of the Relocation Project for a period of one (1) year after the date of written acceptance of the work by the MESA as shall be provided by MESA to CCC under the terms of Section 9.2, hereof. The guarantee period for portions of the work so utilized or placed into service shall be one (1) year commencing on the date of biESA's acceptance or MESA's use of completed portions, whichever occurs first. CCC shall repair or remove and replace any and all such work, together with any - 21 - nAKW&G1Rt:,VrcA434.03 12003 M58-81265194-FoW JUN 01 '98 09:4G FR NOSSAMAN GUTHNER to TO NGKE OCO P.26i6O other work which may be displaced in so doing, that is found to be defective in workmanship and/or materials within said one (1) year period, without expense whatsoever to the MESA or the CITY, ordinary wear and tear and unusual abuse or neglect excepted. In the event of failure to comply with the above-mentioned conditions within seven (7) calendar days after CCC is notified in writing, MESA is hereby authorized to proceed, subject to the JUA, to have the defects remedied and made good at the sole expense of CCC which hereby agrees to pay the costs and charges therefore immediately on demand. Such action(s) by the MESA will not relieve CCC of the guarantees required by this subsection or elsewhere in the Agreement. The performance bond and the payment bond shall continue in full force and effect for the guarantee period. If in the opinion of the MESA, defective work creates a dangerous condition or requires immediate corrections or attention to present further Ioss to the MESA or to prevent interruption of operations of the MESA, the MESA will attempt to give the notice required by this subsection. If CCC cannot be contacted or does not comply with MESA's request for correction within a reasonable time as determined by the MESA, the MESA may, notwithstanding the provisions of this Section, subject to the provisions of the JUA, proceed to make such correction or provide such attention; and the costs of such corrections or attention shall be charged against CCC. Such action by the MESA will not relieve CCC of the guarantees required by this section or elsewhere in this Agreement. This section does not in any way limit the warranty on any items for which a longer warranty is specified or on any items for which a manufacturer or supplier gives a warranty for a longer period. CCC shall furnish the MESA all appropriate guarantee certificates upon completion of the Relocation Project. No guarantee period whether provided for in this subsection or elsewhere shall in any way limit the liability of CCC or its sureties or insurers under the indemnity or insurance provisions of this Agreement. - 22 . t1AKW&G/RWreVK454 OK 12003 WA-912&194-Finol JUN 01 '90 09:46 FR NCSSAMAN BUTHNER LA TO NGK=_ OCO P.27i60 ART ME 7X. Sertion 9.1. Final Inspection Upon completion of the construction of the Relocation Project, CCC shall so inform MESA and shall concurrently furnish MESA with a complete set of record drawings depicting the precise locations and elevations of all portions of the Relocation Project. Within fifteen (15) days of such notification and provision of such drawings, MESA shall conduct final inspection of the work and determine in writing whether or not to accept the Relocation Project. Section9.2. Formal Acceptance and 0,AmCrship ' MESA, on behalf of itself and the CITY, shall, following the final inspection pursuant to Section 9.1 and provision and acceptance of all real property documents required under Sections 4.1 and 4.2, hereof, take action on the formal acceptance of the Relocation Project_ If CCC has performed the Relocation Project construction in strict compliance with the plans and specifications approved pursuant to Section 3.4, hereof, and the provisions of this Agreement, ir. particular Section 5.2, hereof, MESA's formal acceptance of the Relocation Project will not be unreasonably withheld. If CCC has not performed in accordance with the preceding sentence, MESA shall make a determination as to formal acceptance of the Relocation Project in its complete discretion. MESA and the CITY shall have no liability, of any kind, for the refusal to formally accept the Relocation Project as set forth in this Section 9.2. For purposes of this section, formal acceptance shall be a written notice, in a form acceptable to MESA, to CCC and the AGENCY, as executed by MESA's General Manager or District Engineer. Upon formal acceptance, and recordation of the New Easement(s) and Joint Use Agreement, the Relocation Project shall become and remain the sole and exclusive property of MESA and the CITY, and MESA and the CITY shall relinquish to the record owner ownership of the replaced facilities. • 23 - BAKwhGrRENrdV8454.A6 12003 M58-19/26,94-Final JUN 01 '90 09:47 >'R NOSSAMAN GUTHNER LA TO NGKE OCO P.28/60 Section 9.3. ReiDonsihilitX From and after tht delivery of the quitclaim deed described in Section 4.3. hereinabove, aU property and fixtures of MESA and the CITY within the abandoned casement shall become the property, liability and responsibility of the underlying fee owner (subject to CCC's obligations hereunder and under Contract No. S90-19 by and between CCC and AGENCY). ARTICLE X. GENERAL , , $motion 10.0I. Compliance-with California Environmental Qualily Act. The parties acknowledge and agree that responsibility for compliance with the California Environmental Quality Act with regard to the Relocation Project shall be the sole responsibility of the AGENCY or CCC. Section 10.02. Work F-crEarmed at no fost to UM. As specified herein, CCC shall perform, or cause to be performed, the work under Articles III, IV, V, VI, VII, VIII and IX, above, at no expense to MESA except as hereinafter provided. Section 10.413. Bette Cnts. MESA shall pay CCC. upon completion of the work and within 90 days after receipt of CCC's bill, for the actual cost of any betterment or increase in capacity of MESA's facilities in the new location. "Betterment' means upgrading of the facility being relocated that is not attributable to construction of the CORRIDOR or is made solely for the benefit of and at the election of MESA, whether such is trade a part of the initial plans and specifications or by way of a change order. A betterment generally makes the property or the facility affected more useful, functional, durable, efficient, or of greater capacity. However, the extension of the actual or useful life of the portion of the 42-inch line which is the subject of the Relocation Project, caused as a result of such Relocation Project, shall not be considered a betterment. Additionally, an increase in the number of attendant facilities to 24 - BAKW&GIRE41res184S4.09 12003 M58.0&94-Final JLH 01 '90 09:47 FR NCSSRIAN GUTHNER LA TO NGKE OCO P.29i60 y• the 42-inch pipeline, made necessary by the increased length of the pipeline as part of the relocation, shall also not be considered a betterment. Further, any measures necessary to protect the MESA Facilities from the cathodic protection measures of other relocated utilities shall also not be considered a betterment. The parties hereto do agree that the cathodic protection to be installed as part of the Relocation Project is not considered a betterment because it is installed in order to protect the Relocated Facilities as a result of the installation of cathodic protection on various adjaccntlparallel facilities including, but not limited to, pipelines relocated on behalf of, or for, MWD. Section-10.04. Breach Df Cgnditionq and Oppoctunity Subject to the express provisions hereof, if MESA claims that CCC has breached any of its obligations hereunder, MESA will notify CCC and AGENCY in writing of such breach and CCC and AGENCY shall have 30 days following receipt of such notice in which to cure Such breach, before MESA may invoke any remedies at law or in equity which MESA may have by reason of CCC's breach; provided, however, that if such breach may not reasonably be cured within such 30-day period. then so Iong as the cure is being prosecuted diligently, the cure period shall be extended as reasonably necessary but in no event longer than 90 days from AGENCY's receipt of such notice; provided, further, that AGENCY shall have no obligation to cure any breach by CCC but shall at all times be permitted to do so. Without limiting the generality of the foregoing. AGENCY shall have no liability to MESA or the CITY for any act or omission committed by CCC in performing this Agreement, including without limitation any claimed defect in any design or construction work supplied by CCC or its contractors or subcontractors. Section ,K. ReirnburSemeent as Between A$gnev and CCC. As a matter with which MESA or the CITY shall not be concerned, CCC shall reimburse AGENCY, within 30 days after AGENCY's demand, for any costs incurred or sums expended by AGENCY in curing any breach by CCC as hereinabove provided, which AGENCY would not have incurred absent such breach; provided, however, that CCC reserves the right to dispute with AGENCY the existence of any such claimed breach in - 2S - BA xw&-G/RElvres184 s4.ax 12nO3 M58-V26194-Final JUN 01 '98 09:a8 FR NCSSAr1AN GUTHNER LA TO NGKE OCO P.30/60 accordance;vuith the dispute resolution procedures of Contract No. S90-19 by and between AGENCY and CCC, and if it is established through such procedures that no such breach occurred, then AGENCY shall promptly refund to CCC the amount paid by CCC to AGENCY on account of such claimed breach. Sectlon-10-06. Assumption of Ob jgatinns by Agenev. CCC's rights and obligations hereunder shall be deemed assigned to and assumed by AGENCY upon AGENCY's written notification to CCC and NiESA of such assigmnent and assumption, following either a material breach by CCC of this Agreement or the termination, partial termination or expiration of said Contract No. S90-19. Such assignment and assumption shall not (a) relieve CCC from any liability to MESA, the CITY or AGENCY for any breach of this Agreement occurring prior to the effective date of such assignment and assumption, or (b) cause AGENCY to be liable for any breach by CCC of this Agreement occurring prior to such effective date, or (c) relieve CCC from any liability to AGENCY for any breach of its obligations to AGENCY under said Contract No. S90-19. Sation10.01. As between AGENCY and CCC, this Agreement is subject to said Contract No. S90- 19, does not modify it in any way, and in the event of any inconsistency between the provisions hereof and the provisions of Contract No. S90-19, the provisions of Contract No. S90-19 shall prevail between AGENCY and CCC. Section I0.08_ Termivation or. Caneellation. If the CORRIDOR project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of the Relocation Project, or any portion thereof, CCC or AGENCY will notify MESA in writing and CCC and AGENCY each reserves the right, with the other's written approval, to terminate this Agreement. Upon such termination, the parties shall negotiate in good faith an amendment which shall provide mutually acceptable terms and conditions for terminating the Agreement. All reasonable costs incurred by MESA under this Agreement up until NIESA's receipt of written notice of cancellation or modification shall be - 26 . BAKW&WREA/rcs/S454X9 12003 W9-VZ6M-Final JUN 01 '90 09=48-FR NOSSAMAN GUTHNER LA TO NGKE OCO P.31i60 paid by CCC within thirty (30) days of receipt of MESA's invoice and supporting materials. Upon such termination, at MESA's request, the Facilities shall promptly and without delay be restored to their preexisting location, size, and materials at no cost to MESA. Sr.ct1Qn10,09. Nondiscrimination Claus [Required. by Cal. Code of Regs. Title 2, 18107) • During the performance of this Agreement: 1. CCC and its contractors and subcontractors shall not deny the Agreement's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. CCC shall insure that the evaluation and treatment of its employees and applicams for employment are free of such discrimination. 2. CCC shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code 12900 SS. SS:Q.). the regulations promulgated thereunder (Cal. Code Regs. Tit. 2, 7285, ri. , .), the provisions of Article 9.5, Chapter 1, Part 1, Division, Title 2 of the Government Code (Gov. Code 11135-11139.5), and the regulations or standards adopted by AGENCY to implement such article. 3. CCC shall permit access by representatives of the Department of Fair Employment and Housing ("DFEH") and AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as DFEH or AGENCY shall require to ascertain compliance with this clause. 27 - BAK W&GIR Gyve►8454.08 1200]biSe.8r26194.rival .TUN 01 '90 09:49 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.32i60 4. CCC and its contractors and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 5. CCC shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this Agreement. 6. Pursuant to California Attorney General Opinion Vo. 86-803. MESA, the CITY, AGENCY and CCC understand and agree that the Project contemplated by this Agreement constitutes a public works project within the meaning of Section 1720, .C. M., of the California Labor Code. CCC, or CCC's contractors or subcontractors, shall pay general prevailing wage rates as defined in Labor Code Section 1720, tt. M., to those employed by them to perform labor in connection with the Project, and shall specify in each of their respective calls for bid (if applicable), in the bid specifications (if applicable), and in the contract itself, that a copy of the general prevailing wage rates, as determined by the Director of the Department of Industrial Relations of the State of California, is available at the principal office of MESA and that a copy will also be posted at the job site by CCC, all as required by Section 1773.2 of the Labor Code. Furthermore, any contract or agreement entered into between CCC and a contractor or subcontractor shall include the stipulations required by Sections 1775, 1776, 1777.5 and 1810 of the Labor Code of the State of California. 7. CCC shall include the following clause in each contract entered into with any contractor performing any work on the Relocation Project: "The Contractor shall keep itself fully informed of all applicable existing and future state and federal laws and county and city ordinances and regulations which in any manner affect the conduc[ of the Work. and of all orders and decrees of bodies or - 28 - DnKw&G•REA/res/6454.08 12rY13 MS8•8r26/W-Final JUN 01 '93 09*49 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.33/50 tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for the Work in relation to any such Iaw, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Mesa Consolidated Water District engineer in writing. The Contractor shall at all times observe and comply with and shall cause all its agents. employees and subcontractors to observe and comply with all such applicable existing and future laws, ordinances, regulations, orders and decrees, and shall protect and indemnify the Mesa Consolidated Water District, the City of Huntington Beach and their officers, directors, employees, agents, representatives and consultants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor, its employees, agents, representatives or subcontractors." In the event that CCC constructs the Relocation Project, the foregoing clause shall be binding upon CCC. The provisions of this Section 10.09 shall also be applicable to any design consultant retained by MESA to complete the plans and specifications as set forth in Section 3.1, hereof. Ser lion IQM. City as a Third Party As set forth in the Recitals to this Agreement, MESA is entering into this Agreement on behalf of itself and the CITY, with the CITY's consent. To the extent this Agreement confers upon or gives or grants the CITY any right, remedy or claim under or by reason hereof, the CITY is hereby expressly recognized, by all parties hereto, as being a third-parry beneficiary hereunder and may enforce any such right, remedy or claim conferred. given or granted hereunder. - 29 - BAiCWJkVRGV res18454.08 12003 MSB.Sr6144-Final JUN 01 '93 03:49 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.34i60 With respect to this Agreement, the CITY confirms that MESA is acting as its authorized argent with respect to the Relocation Project contemplated herein. Section 10.11. CCC as 1ndg"Wknt ConjXactor. Notwithstanding any provision to the contrary herein, the parties hereto expressly and specifically agree that CCC is, and shall remain, an independent contractor in rendering the services provided for herein and no action(s) or event(s) taken hereunder shall, for any reason, cause either CCC, the AGENCY or MESA, or their respective officers, directors, employees or consultants to become the employer,joint venturer or partner of the other parry hereto. Section 14-1 2. All of the terms, conditions and provisions of this Agreement shall inure to the benefit of, and be binding upon, MESA, the CITY, AGENCY, CCC and each of their respective successors and assigns. Notwithstanding the foregoing, neither this Agreement nor any of the rights or obligations hereunder shall be assigned by CCC without the prior written consent of MESA and any purported assignment in violation of this Paragraph shall be null, void and of no legal effect whatsoever; provided, however, that MESA hereby consents to an assignment of CCC`s rights and obligations hereunder to AGENCY in accordance with Section 10.06 hereof. This Agreement shall not become binding upon the State of California, or its agencies, unless so accepted, in writing, by the State and/or such agency. Section 10.13. botice Any notices required to be given pursuant to the provisions hereof shall be deemed to be given and to have been received: (i) when personally delivered; (ii) one (1) business day after consignment to any overnight courier service; or (iii) three (3) business days after deposit of the same in any United States Post Offi=e, or Uaitcd States mail, first class postage prepaid, addressed as follows: - 30 - DAM&G1R F.JVra18434.08 12003 M58•8126194-Final JUN 01 193 09:50 FR NOSSPtIAN GUTHNER LA TO NGKE OCO P.35/60 i If to Mesa: Mesa Consolidated Water District Attn: General Manager Post Office Box 5008 Costa Mesa, California 92628-5008 If to CCC: California Corridor Constructors 2 Venture, Suite 250 Irvine, California 92718-333I Attn: Mr. Scott Steingraber If to Agency: San JoaTuin Hills Transportation Corridor Agency 201 E. Sandpointe Suite 200 Santa Ana, California 92707 Attn: Mr. Jerry Bennett If to City: City of HuntiVon Beach Post Office Box 190 Huntington Beach, California 92648 Attu: Mr. Louis Sandoval Director of Public Works Each party may change its address for delivery of such notices by delivering a written notice of such change of address pursuant to the terms of this Section. Section 10.14. Cgptjo . The captions contained within this Agreement are for purposes of reference only and shalt not limit or define the meaning of the provisions hereof. Section 11O.I5. Entire Agreement. This Agreement contains the entire agreement and understanding concerning the subject matter hereof and supersedes and replaces all prior negotiations and proposed agreements. written or oral. Each of the parties hereto acknowledges that no other party, nor the agents nor the attorneys for any party, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein to induce the execution of this Agreement. and acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein. - 31 - DA Kw&G:R EArt,s18454.00 t2003 4t58-$126194-Final JUN 01 '93 03:50 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.36i60 Secti' 016. Miixet. Subject to the provisions hereof(including Article VII), any parry to this Agreement may specifically and expressly waive, in writing, compliance by another party hereto owed to such first party with any term, condition or requirement set forth in this Agreement. Any parry to this Agreement may specifically and expressly waive, In writing, any breach of any term, condition or requirement of this Agreement, owed to such first party, however, in the event that any party makes or gives such a waiver, such action shall not constitute a further or continuing waiver of any preceding or succeeding breach, or requirement or compliance with, the same or any otter provision or contractual requirement, unless a specific statement to the contrary is contained within such waiver. The waiving party may, at any time thereafter, require future compliance by the other party hereto with the requirements or provisions of this Agreement that have been so waived. The consent of one parry to any act by the other party for which such written consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such written consent for the same or similar acts in the future. No waiver or consent shall be implied from the silence or from the failure of any parry to an act, except as otherwise specified in this Agreement. Section 10M. Interpretation. (i) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Agreement. (ii) in the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsman of such provision. - 32 BAKW&G!R FA/rts/8454.0$ 12m3 M53 •8.26194.Firut JUN 01 '98 09:51 FR NOSSAMAN GUTHNER LA TO NUE OCO P.37i60 Section 10.18. Coojieratlon The panics hereto agree to cooperate with each other in the execution of such further documents, and to take such other actions, as are reasonably necessary in good faith to effectuate this Agreement and the intent hereof. SectiQn--1012. Force 11 The time within which either party hereto shall be required to perform any act under this Agreement, other than the payment of money, shall be extended by a period of time equal to the number of days during which performance of such act is unavoidably delayed by strikes, lockouts, acts of God, governmental restrictions, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any government or regulatory body, war, civil disturbance, fire and unavoidable casualties hereto. Sion 10M. Seyerahu&. If any term, provision, condition or covenant of the Agreement, or the applicable thereof to any parry or circumstances shall, to any extent, be held invalid or unenforceable. the remainder of the Agreement, or the application of such term, provision, covenant or condition to persons or circumstances other than those to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent provided by law. (i) The parties hereto understand and agree that the terms of this Agreement, and the Attachments hereto, have been negotiated and executed within the State of California and shall be governed by and construed under, the laws of the State of California. (ii) The parties hereto do expressly agree that in the event of a dispute concerning the terms hereof, venue for any legal action shall be with the appropriate court in the County of Orange, State of Califcrnia. - 33 - E,kKW ,G!REA/res/345a.08 11003 M38 -Rf216194•Rul .TUN 01 193 09:51 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.33/60 ection 10.22. Amen nts. No addition to, or modification of, any provision contained in this Agreement shall be effective unless fully set forth in writing signed by the authorized rcpresentative(s) of all the parties hereto. Qctist1l,1122. Assigoment. No assignment of this Agreement shall be effective until consented to in writing by all of the other parties hereto and all substitute performance requktments (in terms of warranties, bonds and insurance) have been furnished and accepted. All parties hereto represent and warrant that they each have all requisite power and authority to execute and deliver, and to perform their obligations tinder, this Agreement and that this Agreement constitutes a legal. valid and binding obligation of the respective parties hereto and is enforceable as against the respective parties hereto in accordance with the terms and provisions contained herein. SSction_10.25. Miscellaneous. Any representations, warranties, guarantees, indemnities, reservation(s) of rights and waivers set forth in this Agreement shall survive the termination of this Agreement for any reason. Section 10,26. ecution of,!C4uaterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed a duplicate original when all counterparts are executed, but all of which shall constitute a single instrument. &ignatoriel. The signatories hereto do warrant that they are appropriately authorized to execute this Agreement on behalf of the party for which they signed. - 34.- 8 rtKW&G•REA'rc%IS45a.08 I NW SM-8r26,94.Fivl JUN 01 193 09:51 FR NOSSAMN GUTHNER LA TO NGKE OCO P.39/60 IN WITNESS WHEREOF, [he above Parties have executed this Agreement the day and year first above written. zrNcy" MIESNI SAN JOAQUIN HILLS TRANSPORTATION MESA CONSOLIDATED WATER CORRIDOR AGENCY DISTRICT i ' By: s By. APPROVED AS TO FORIvi: ATTEST: NOSSAMAN, GUTHNER, KNOX & ELLIOTT: 11y: r(. :r �li+G ill-,.'L, By: I Secretary APPROVED AS TO FORM: BOWIE, ARNESON, KADI, WILES & GIANNONE: By: IX Cf.LIFORNIA CORRIDOR CONSTRUCTORS CITY OF HUNTINGTON BEACH: By: BY: APPROVED AS TO FORM: ATTEST: COUNSEL FOR CCG: By: By. Clerk Jahn Carpenter - APPROVED AS TO FORM: HUNTINGTON BEACH CITY ATFORNEY'S OFFICE: By: - 35 - B�KW'&G/RF�lresf8�}s.DE ' 1Zw3 M. 51.R;:614+•Final JUN 01 199 09:52 FR NOSSAMAN GUTHNER LA TO NGKE OCO P•40i60 IN %VITNESS WHEREOF, the above panics have executed this Agreement the day and year first above written. "AGENCY": t. SAN JOAQUIN HILLS TRANSPORTATION MESA CONSOLIDATED WATER CORRIDOR AGENCY DISTRICT By: By: . i[o- SiD� APPROVED AS TO FORRI: ATTEST: NOSSAMAN, GUTHNER, KNOX & ELLIOTT: A By: By: 4Secry APPROVED AS TO FORM: BOWIE, ARNESON, KADI, WILES & GIANNONE: B 14e!. 1Y'CC": „CITY"! CALIFORNIA CORRIDOR CONSTRUCTORS CITY OF HUNTINGTON BEACH: By: By: APPROVED AS TO FORM: ATTEST: COUNSEL FOR CCC: By: By: Clerk John Carpenter APPROVED AS TO FORM: HUNTINGTON BEACH CITY ATTORNEY'S OFFICE: By: - 35 . f iKwdCG�RfJlrresfll+Sa.Ci 1:003 M58 •P2W94•Fieul JL1N 0] '98 09s 52 FR NOSSAMAN GUTHNER LR TO htG1C= [KO P,al/bla IN WITNESS WHEREOF, the above partiet gave executed this Agreement the day + and year first above written. "AGENCY": SAN JOAQUIN EMS TRANSPORTATION MESA CONSOLIDATED WATER CORRIDOR AGENCY DISTRICT By: By: i&PROVED AS TO FORM: ATTEST: NOSSAMAN, GUTHNER, KNOX & ELLIOTT- By: By: Secretary APPROVED AS TO FORM: BOWIE, ARNESON, KADI. WILES & GIANNONE: By: CA[dFORNIA CORRIDOR CONSTRUCTORS CITY OF HUNTINGTON BEACH: f By: By: Lloyd Smf , Profect Manager APPROVED AS TO FORM: ATTEST: COUNSEL FOR CCC: By: By:� Clerk Jahn Carpent APPROVED AS TO FORM: HUNTINGTON BEACH CITY ATTORNEY'S OFFICE: By: 35 - 9AKw3c�rRFJUres'8`Sa OH ��DO]M13-drI614s.�INI . ` P.4d�bb JUN 01 193 09 s 52 FR NMSPrIPM GUT4-41ER LA TO NGKE OCO IN WITNESS WFIEREOF, the above parties have executed this Agreement the day and year first above written. SAN JOAQUIN HILLS TRANSPORTATION MESA CONSOLIDATED WATER CORRIDOR AGENCY DISTRICT By: By: APPROVED AS TO FORM: ATTEST: NOSSAMAN. GUTHNER. KNOX & ELLIOTT: By: By: Secretary APPROVED AS TO FORM: BOWIE. ARNESON, KADI, WILES & GIANNONE: By: fl fly „ ff. CALIFORNIA CORRIDOR CONSTRUCTORS CITY OF HUN'TINGTON BEACH: Fly: By: .: �:(7 APPROVED AS TO FORM: ATTEST: COUNSEL FOR CGC: . By: Fy: � ��r Clerk 3�E—�j— loha Carpenter APPROVED AS TO FORM: HUNTINGTON BEACH CITY ATTORNEY'S OFFICE: 2 Al-7 By: _ . 35 . 6A Kw&G1RE,krrev8+S4.C6 1_CO3 M38 •8.7:6�-Final jUN ol '93 09:53 FR Np55AMAN GIJTI-NER LA TO NGKE OCO P.43/bb EXHIBIT "A" DESCRIPTION OF EXISTING WATER LIRE AND ALIGNMENT AND DESCRIPTION OF THE RELOCATIN04N PROJECT AND RELOCATION ALIGNMENT A-I 1UN el 193 09 a 53 FR NOSSRIAN GUTHNE~R LA TO NGKE OCO p.44/50 EXHIBIT "B" Recorded By and When Recorded Mail To: Sp2a A 4yg This-Line Forteco0er'sUse Qn1y _ SAN JOAQULN HMLS TRANSPORTATION CORRIDOR AGENCY JONNT USE AGREEMENT nHS JOINT USE AGREaIENT (this "Agreement"), entered into this day of , 19 , by and between the MESA COUNTY WATER DISTRICT, a county water District, and the CITY OF HUNI'INGTON BEACH, a political subdivision of the State of California, hereinafter coldectively referred to as the "Ov�mers", and the STATE OF CALFFORNIA, acting by and through its Department of Transportation, hereinafter called the "STATE" is as follows: WTTNESSETH WHEREAS, Owners are in possession of certain rights of way and easements, hereinafter referred to as "Owners' Easement" and described as follows: That Easement Deed granted to the Owners, dated August 7, 1964, as recorded with the Orange County Recorder's Office on September 24, 1964, in Book 7232, page 711, which Easement Deed is incorporated herein by this reference and correspondingly made a part hereof; WHEREAS, Owners maintain certain facilities within the Owners' Easement as part of Owners' operations; and iNMEREAS, the State has acquired certain lands for the purpose of constructing thereon a portion of the highway known as the San Joaquin Hills Transportation Corridor (the "Corridor") in the vicinity of Bison and MacArthur, City of Irvine, County of Orange, said lands are hereinafter referred to as the "Corridor Right of Way", which Corridor Right of Way is subject to Owners` Easement; and - I - BAfCW&G/RBIVndpks/87S 1.03 12C93 MSi-V7.1/44-pnft 2 JL1N 01 '90 09 a 53 FR NCSSACIAN GUTWNER LATO NGKE~ OCO P.45/60 WHEREAS, Owners' facilities within the Owners' Easement in the Corridor Right-of- Way will interfere with or obstruct the construction, reconstruction, maintenance or use of the Corridor, and the State desires to arrange for the elimination such interference or obstruction; and WHEREAS, the Owners and the San Joaquin Hills Transportation Corridor Agency, a joint powers agency in order to accomplish the mutual objective of eliminating the above- referenced conflict, have entered into that Agreement entitled 'San Joaquin Hills Transportation Corridor Utility Agreement No. 3002' dated as of , 1994 (the "Pipeline Relocation Agreement'), which is incorporated herein by this reference. NOW, THEREFORE, OWNERS AND THE STATE HEREBY MUTUALLY AGREE AS FOLLOWS: 1. The location of Owners' Easement insofar as it now lies within the Corridor Right of Way shall be and is hereby changed to trt strip of land within the Corridor Right of Way hereinafter referred to as "New Location", as described in Exhibit "1", attached hereto and made a part hereof by this reference. 4 2. Owners' facilities now installed pursuant to Owners' Easement within the Corridor Right of Way have been, or will be, relocated and reconstructed on behalf of Owners to the New Location. The Owners will surrender and quitclaim to the State all of the Owners' right, title and interest under and by virtue of the Owners' Easement in the old location within the Corridor Right of Way and not included in the New Location. Owners hereby consent to the construction, reconstruction, maintenance and use by the State of the Corridor over, along and upon Owners' Easement both in the old location and in the New Location within the Corridor Right of Way, upon and subject to the terms and conditions herein contained. 3. The State acknowledges Owners' title to Owners' Easement in the New Location and the priority of Owners' title over the title of the State therein until abandoned or extinguished by the Owners. The Owners have and reserve the right and easement to use, in common with the public's use of the Corridor, the New Location for all of the purposes for which Owners' Easement was acquired, without need for any further permit or permission from the State. Except in emergencies, Owners shall give reasonable notice to the State k efore performing any work on Owners' facilities in the New Location where such work will he performed in, on or over the traveled way or improved shoulders of the Corridor or will obstruct traffic. In all cases, Owners shall make adequate provision for the protection of the traveling public. 4. In the event that the future use of said Corridor Right of Way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Owners' facilities then existing in said New Location, the State shall notify the Owners in writing of such necessity and agree to advance or reimburse the, Owncrs, as Owners and the State may agree, on demand for the Owners' reasonable costs incurred in complying with such notice. - 2 - 8 wiCw�C/RE A.'re i p t sJ8751.03 12003 WS-6121t94-Droll I JUN 01 193 e9:54 FR NOssAMAN GU7HNLR LA '10 NGK= OCO P.46/60 Prior to commencing relocation the Owners will provide the State with plans of such proposed rearrangement and an estimate of the costs thereof and, upon approval of such plans by the State, Owners will promptly proceed to effect such rearrangement, relocation, reconstruction or removal at such times as are agred to by Owners and the State. No further permit or permission from the State for such rearrangement shall be required and the State will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Owners' facilities within said Corridor Right of Way, (2) provide executed document(s) granting to Owners good and sufficient easement outside of the Corridor Right of Way if necessary to replace Owners' easement or any part thereof, and (3) advance or reimburse Owners, as may be agreed, for any costs which it may be required to expend to acquire such easement, provided that it is mutually agreed in writing that Owners shall acquire such easement. 5. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of Owners' Easement. Both the State and Owners shall use the New Location in such a manner as not to interfere unreasonably with the rights of-thb other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Owners or the State may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either the State or Owners in such a manner as to cause an unreasonable interference with the use of the New Location by the other party. 6. This Agreement shall inure to the benefit of and be binding upon the successors, assigns and transferees of all parties hereto. F - 3 - 8 4jCW&G/REVrv&1yk4'375I M MM M58-1126194-F"M SUN 01 '93 09;54 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.47/60 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their respective officials thereunto duly authorized. STATE: OWNERS: RECOMMENDED FOR APPROVAL: MFSA_CONQLID-ATED WATER pisT Utility Reviewer By: Title: Chief, R!W Engineering & Utilities CITY OF HUNTINGTON BEACH: Branch Division of Right-of-Way APPROVED AS TO FORM AND By: PROCEDURE: Title: Attorney, Department of Transportation STATE: STATE OF CALIFORNIA DEPARTMENT OF P R By: Attorney in Fact - Joint Use Agreement Signature Page - JUN 01 '90 013-54 ER NOSSAMAN GUT!-DER LA TO NGuE oCO P.43i60 STATE'OF CALIFORMA ) ) ss. COUNTY OF ) On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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. Signature (SEAL) STATE OF CALIFORNIA ) Ss. COUNTY OF ) On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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. Signature (SEAL) JUN 01 '93 09*55 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.49i60 STATE OF CALIFORMA ) ss. COUNTY OF } On before me, (here insert name and title of the officer), personally appeared , personalty known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ics), and that by 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. Signature (SEAL) JUN 01 '93 09:55 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.50/60 z EXHIBIT "1" IVIAP AND DESCRIPTION OF NEW LOCATION SUBJECT TO JOINT USE AGREEMENT JUN 01 '90 09,55 FR Nmspr AN GUTHNER LA TO NGKE OCO P.51/60 Recording Requested by and Return to: Mesa Consolidated Water District P. O. Box 5008 Costa Mesa, California 92628-5008 Attn: Karl Kemp General Manager This Document Concerns: f3pace a ve this linehr de ' e QUTTCLALA'I DEED &=2t - G0YzMM=LCcdc FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the MESA CONSOLIDATED WATER DISTRICT (formerly known as the Costa Mesa County Water District), a county water district, and the CITY OF HUNTINGTON' BEACH, a municipal corporation, do hereby quitclaim to: all of their respective rights, title and interest in that portion of the easement granted by that Easement Deed dated August 7, 1964, as recorded in the Orange County Recorder's Office on September 24, 1964, in Book 7232, Page 711 of Official Records of the County of Orange as set forth in Exhibit "I", attached hereto and made a part hereof by this reference. EXHIBIT "C" RAKW&G/REA/re./1417 n.01 12003 A 27-E.15/94 JUN 01 198 09:55 FR NM&q AN GUTFWER LA TO NGKE OCO P.52/60 MESA CONSOLIDATED WATER DISTRICT: By: _ Title: By: Tide: " CITY OF HUNTINOTON BEACH: By: Title: By: Title: fi s�C+rdrC jRE�1►Mj11178.Q t 1'.003 A V— 8/23/94 C.2 JUN 01 '93 09:55 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.53/60 STATE OF CALIFORNIA } SS. COUNTY OF ORANGE ) On before me, (here insert name and title of the officer), personally appeared personally laiown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshc/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) 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. Signature (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE } On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by 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. Signature (SEAL) 12003 A V- 8/23194 . C-3 JUN 01 'c 09 56 FR NQaS N GUTF�R LA To NGKE OCO P.54/60 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE } On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose namc(s) islare subscribed to the within instrument and acttowledged to me that he/shelthey executed the same in hislher/their authorized capacity{ies), and that by 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. VVI MESS my hard and official seal. Signature (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On before me, (here insert name and tide of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persen(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) B;xx�ClREnlr:s/le 17a.o� 12>003 A 27- a/23/51 C-4 JUN 01 '93 05:56 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.55i60 r EXHIBIT 01` DESCRIPTION OF THAT PORTION OF EASEMENT GRANT TO BE QUITCLAIMED JUN 01 198 09:56 FR N05SAMPN GUTHNER LA 70 NGKE OCO p.56/60 PAYWIENT BOND We, , as Principal, and as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors, and assigns, as et forth herein, to the MESA CONSOLIDATED WATER DISTRICT (herein "MESA") for payment of the penal sum of (S ), lawful money of the United States. MESA and the Principal have entered into an agreement entitled "San Joaquin Hills Transportation Corridor Utility Agreement No. 3002", dated (the "Contract")-whereby the Principal shall perform all work required of it under said Contract and the plans and specifications prepared and approved pursuant to the provisions of such Contract. If Principal or any of its subcontractors fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Employment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department Franchise Tax Board from wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then Surety will pay the same in an amount not exceeding the sum specified above, and also will pay, in case suit is brought upon this Bond, with reasonable attorney's fees as shall be fixed by the court. This Bond shall inure to the benefit of any of the reasons named in Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Surety agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the work to be performed thereunder, or the plans and specifications shall in any way affect its obligation on this Bond, and it does hereby waive notice thereof. Principal and Surety agree that should Owner become a party to any action on this bond each will also pay Owner's reasonable attorney's fees incurred therein in addition to the sum above set forth. Exhibit "D" n.+xwscARE.Mm/10289.0 t i2ao3 M51-VU194 JuN 01 193 09:57 FR NOSSAMAN GUTHNER LA TO NGKE OCO P.57i60 Executed in four original counterparts on , 14 (Principal) (Seal of Corporation) By: Title• Any claims tender this bond may be addressed to: (name and street address of Surety) (name and street address of agent or representative in California, if different from above) (telephone number of Surety agent in California) (Attach Acknowledgment) (Surety) By: (Attorney in Fact) APPROVED: BOWIE. ARNESON, KADI, WILES &'GIANNONE: (Attorney for Mesa) NOTICE: SURETIES MUST BE AUTHORIZED TO DO BUSINESS IN AND HAVE AN AGENT FOR SERVICE OF PROCESS IN CALIFORNIA. CERTIFIED COPY OF POWER OF ATTORNEY MUST BE ATTACHED. BAXW&VRfiAI M010:$9.01 120M Msa-t27/S• D-2 SLN of 199 09:57 PR NOSSAMAN GUTENER LA TO NGKE OCO P.58/60 PERFORMANCE BOND Bond No. Premium KNOW ALL MEN BY THESE PRESENTS, That as Contractor, and as Surety, are held firmly bound unto MESA CONSOLIDATED WATER DISTRICT (hereinafter "MESA"), in the sum of dollars (S which is not less than 100 percent of the Contract price for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, su=sors, and assigns,jointly and severally firmly by these presents. WHEREAS, the Contractor and MESA have entered into that Agreement entitled "San Joaquin Hills Transportation Corridor Utility Agreement No. 3002`, dated (the "Contract") whereby the Contractor is to perform all work required under said Contract and the plans and specifications prepared and approved pursuant to the provisions of such Contract. NOW, THEREFORE, if said Contractor shall perform all the requirements of said Contract required to be performed on his part, at the times and in the manner specified therein, then said obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that zny alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be pursuant to the terms of said Contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above-bounded Contractor, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract-and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers and agents, as therein stipulated, this obligation shall become null and void, otherwise, it shall be and remain in full force and virtue inclusive of the entire Contract guarantee period. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alternation, or addition to the terms of the Contract, or to the work to be performed thereunder, or the plans and specifications accompanying the same, Exhibit "E" 8AKW&WREA/Ml1102E9.01 12003 MSS-Er23/94 JUN 01 193 09:57 FR NO55AMA14 GUTHNSR Ln TO NGKE OCO P.59/60 shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work or to the plants or specifications. Principal and Surety agree that if Obligee is required to engage the services of any attorney(s) in connection with the enforcement of this bond, each shall also pay Owner reasonable attorneys' fees incurred with or without suit. IN WITNESS WHEREOF, four counterparts of this instrument, each of which shall for all purposes be deemed as an original hereof, have been duly executed by the Principal and Surety above named, on the___- day of , 19___,_ APPROVED: BOWIE, ARNESON, KADI, WILES & GIANNONE (Principal) (Attorney for Owner) By: Title: Any claims under this bond may be addressed to: (name and street address of Surety) (name and street address of agent or representative in California, if different from above) (telephone number of Surety and agent in or representative in California) (Surety) By: Title: (Signature of Surety must be notarized) SAKW&G/kEPJf%s[101%9 01 12003 M59-arUM E-3 �JuN 01 190 09:58 FR NOSS4-M GUTHNER LA TO NGK= OCO P.60/60 F STATE OF CALIFORl4IA } } 5s. COUNTY OF ) On before me, (here insert name and title of the officer), personalty appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by 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. WTlNESS my hand and official seal. Signature (SEAL) E-4 r @Jj Je CITY OF HUNTINGTON BEACH ��y0 '. INTER-DEPARTMENT COMMUNICATION OF Ml,wfi+ 7pN�E4CM QG�K- GI.t. O� �J To Les M. Jones 11, Director of Public Works From Jeffrey R. Renna, Water Operations Managero�f Date July 20, 1995 Subject San Joaquin Hills Transportation Corridor Escrow Instructions and Agreement As you will recall, City Council approved San Joaquin Hills Transportation Corridor Utility Agreement No. 3002 on February 21, 1995. That Agreement has been executed by the City and returned to the attorneys for California Corridor Constructors. Enclosed are six execution copies of the Escrow Instructions and Agreement for the San Joaquin Hills Transportation Corridor. These escrow instructions have been reviewed and approved as to form by the City Attorneys Office. As you can see on page 6, your approval is also required. Please review and sign the six execution copies, and then forward them for the clerk's attestation and mayces signature. By copy of this memo, we are advising them the Agreement copies will be forthcoming. After circulation and execution, please send the six Agreements to our office for distribution in accordance with Transportation Corridor Agencies' request. We are available if you should have any questions. JRR:Ib Q f r c: Mayor Vic Leipzig Connie Brockway-City Clerk --00 .E� ESCROW INSTRUCTIONS AND AGREEMENT CHICAGO TITLE COMPANY ESCROW NO. These Escrow Instructions and Agreement (the "Escrow Instructions") are entered into among Chicago Title Company ("Escrow Holder"), the San Joaquin Hills Transportation Corridor Agency, a joint powers agency (the "Agency'), California Corridor Constructors, a joint venture ("CCC"), Mesa Consolidated Water District, a county water district ("Mesa"), and the City of Huntington Beach (the "City") as of this day of , 1995. RECITALS A. Agency, CCC, Mesa and the City have entered into that certain agreement entitled "San Joaquin Hills Transportation Corridor Relocation Agreement No. 3002"dated as of April, 1995 (the "Relocation Agreement"}. B. Under the terns of the Relocation Agreement, the Agency is to provide Mesa and the City certain easements or joint use agreements in connection with the relocation of a pipeline identified as Crossing No. 3002 (the .,r 'Pipeline"). C. In connection with the relocation of the Pipeline, the Agency and CCC desire to provide Mesa an easement over the property described in ExhibitA hereto (the 'Easement"). Agency is negotiating with the California Department of Transportation ("Caltrans") to acquire the Easement for the relocation of the Pipeline. D. The Agency and CCC have requested that Mesa and the City agree, on a temporary basis, to accept property rights over the Easement area in the farm of an interim use agreement until such time as the Agency and CCC are able to acquire the Easement from Caltrans as required pursuant to the Relocation Agreement. E. Pursuant to a Memorandum of Understanding dated May 19. 1995 among the Agency, CCC, Mesa and the City, Mesa and the City have agreed to accept such property rights, on a temporary basis, provided, among other things, that Mesa and the City are provided security in the amount of$1,250,000 to secure the costs of further relocating the Pipeline so as to completely bypass the Easement area in the event the Agency and CCC are not able to provide the Easement for the Pipeline to Mesa in a timely manner or if circumstances otherwise require such a relocation. -1- UC951450104 _. _ F. In order to provide the desired security for Mesa, Mesa is authorized to withdraw Funds for the benefit of both Mesa and the City as set forth in these Escrow Instructions. AGREEMENT AND INSTRUCTIONS 1. The Funds. The Agency and CCC shall deposit with Escrow Holder funds (the"Funds")to be held in trust for the benefit of Mesa and the City, as described below. (a) Not later than July 7, 1995, each of the Agency and CCC shall deposit with Escrow Holder$200,000 in cash, for a total of$400,000. ' (b) In the event the Agency or CCC has not acquired the Easement for the benefit of Mesa by January 31, 1996, each of the Agency and CCC shall deposit, without requirement of a written request, with Escrow Holder an additional $100,000 in cash, for a total of an additional $200,000. (c) The Agency and CCC shall deposit from time to time additional funds in accordance with Section 3 below. (d) The total of Agency's and CCC's deposits of Funds shall not exceed $1,250,000 in the aggregate. (e) Escrow Holder shall promptly notify Mesa and the City of each receipt of Funds by Escrow Holder. Escrow Holder shall, within five business days of receipt of a written request from Mesa or the City, verify the amount of Funds then held by Escrow Holder. Escrow Holder shall deposit the Funds deposited by Agency and CCC in two separate federally insured interest bearing accounts in accordance with investment instructions prepared by Escrow Holder and signed by Agency and CCC, as appropriate. The account into which the Funds deposited by Agency are held shall be called the "Agency Account". The account into which Funds deposited by CCC are held shall be called the 'CCC Account". The investment instructions shall specify that all interest earned in the Agency Account and the CCC Account, respectively, shall be paid to the Agency and CCC, respectively in intervals set forth in the investment instructions. The interest earned on the Funds shall not be added to the Funds and shall not be subject to withdrawal by Mesa or the City. The investment instructions shall specify that the Funds shall be invested in two separate money market accounts, -2- UU951450904 2. Retemmf the Funds. (a) Escrow Holder is authorized and instructed to release all or a portion of the Funds to Mesa upon satisfaction of all the following conditions: (i) Mesa has delivered to Escrow Holder a certificate (the "Certificate") in the form attached hereto as Exhibit certifying that Mesa has incurred certain expenses for which it is entitled to receipt of all or a portion of the Funds, signed by any of the following: Karl Kemp, District General Manager Gene Watson, District Engineer Margaret Rutledge, District Treasurer. (ii) Receipts, invoices or bills in the amount set forth in the Certificate are attached to the Certificate. No Funds shall be released to Mesa prior to March 1, 1996 without the prior written consent of Agency and CCC which consent shall not be unreasonably withheld. Escrow Holder may act upon the Certificate with attached receipts, invoices or bills believed by it in good faith to be genuine and to have been signed or presented by the person(s) as shown in Subsection '�..� 2(a)(i) and shall not be liable to any party hereto in connection with the performance of its duties hereunder based on such good faith belief. (b) All releases of Funds shall be made by check of the Escrow Holder and shall be made in the amount set forth in the Certificate. 50% of each release shall be withdrawn from the Agency Account and 50% from the CCC Account, provided that there are sufficient funds in each account. If there are insufficient funds in either the Agency Account or the CCC Account, a sum in the amount of such deficit(in addition to the sum to be withdrawn pursuant to the previous sentence) shall be withdrawn from the account with sufficient funds so that Mesa may receive a release of Funds in the amount set forth in the Certificate. In the event there are insufficient Funds in either the CCC Account or the Agency Account, Escrow Holder shall send a demand in accordance with Section 3 to the party with insufficient funds, whether or not requested by Mesa. Under no circumstances shall Escrow Holder be required to fund such deficit. (c) Unless Mesa agrees in writing to an earlier date, all Funds shall be returned to the Agency and CCC from their respective accounts on the earlier of four years from the date of these Escrow Instructions or upon delivery to Escrow Holder of a copy of a recorded director's deed executed by Caltrans and accepted by Mesa covering the Easement. -3- 1A1951450104 3. RUlenisbing of Funds. Following each release of Funds, Mesa may direct Escrow Holder to demand that the Agency and CCC deposit additional Funds so that the total amount of Funds on deposit at any time equals $400,000 if the Agency or CCC has not acquired the Easement for the benefit of Mesa by January 31, 1996, and $600,000 if the Agency or CCC has not acquired the Easement for the benefit of Mesa by January 31, 1996. Within one day of receiving such written demand, Escrow Holder shall send a demand to the Agency and CCC instructing each to immediately deposit with Escrow Holder 50% percent of the amount set forth in the direction from Mesa and shall send Mesa a copy of such demand. Subject to Section 1(c), Agency and CCC shall make such deposit within 10 business days of receipt of the notice. Escrow Holder shall not be liable in the event Agency or CCC fails to deposit additional Funds after delivery of the demand by Escrow Holder pursuant to this Section 3. 4. . Promptly upon receipt of each Certificate, Escrow Holder shall send a copy thereof to Agency and CCC. 5. Mesa and M. (a) Mesa and the City are beneficiaries of the escrow governed by these Escrow Instructions, and either Mesa and/or the City may enforce directly against the Agency or CCC, as appropriate, the Agency's or CCC's obligations under these Escrow Instructions and Agreement. Mesa may withdraw Funds from the Agency Account to reimburse its costs associated with enforcing these Escrow Instructions against the Agency (but not CCC). Mesa may withdraw Funds from the CCC Account to reimburse its costs associated with enforcing these Escrow Instructions against CCC (but not the Agency). (b) Either Mesa or the City shall deliver to CCC and the Agency outside of escrow promptly upon completion thereof, the preliminary and final design documents for the relocation of the Pipeline for which Mesa withdraws Funds. 6. Fees of Escrow Holder. In consideration of Escrow Holder's services under these Escrow Instructions, Escrow Holder shall be paid $1,420.00 In addition, for each release of Funds under Section 2, Escrow Holder shall be paid $25.00. In the event Funds are maintained by Escrow Holder longer than 18 months from the date of this Agreement, Escrow Holder shall receive a fee of $25.00 per month in accordance with Escrow Holder's standard fees and charges. Escrow Holder may charge its standard fee for each notice given under these Escrow Instructions. All amounts due Escrow Holder under this Section 4 shall be paid by Escrow Holder withdrawing equal amounts from the Agency Account and the CCC Account. 7. Notices. Any notice, direction, demand, consent or other communication to be given by one party to another shall be in writing and given -4- LAL951450104 by personal service, telegram, or express mail, Federal Express, DHL, UPS or any other similar form of airbornelovernight delivery service, or mailing in the United States mail, postage prepaid, certified and return receipt requested, addressed to the parties at their respective addresses as follows: If to the Agency: Transportation Corridor Agencies 201 E. Sandpointe, Suite 200 Santa Ana, California 92707 Attn: Terry Swindle, Manager, Right of Way If to CCC: California Corridor Constructors 2 Venture, Suite 250 Irvine, California 92718-3331 Attn: Daniel Howell, Project Manager John P. Carpenter, Esq., Counsel If to the Escrow Holder: Chicago Title Company 16969 Von Kerman Irvine, California 92714 Attn: Margie Wheeler If to Mesa: Mesa Consolidated Water District P.O. Box 5008 Costa Mesa, Califomia 92628-5008 Attn: Karl Kemp, General Manager With a copy to: Robert E. Enslow Bowie, Arneson, Kadi Wiles & Giannone 4920 Campus Drive Newport Beach, California 92660 If to the City: The City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Attn: Michael Uberuaga, City Administrator -5- L"514S 4 8. Limited Duties of Escrow Holder. Escrow Holder's duties shall be determined only with reference to these Escrow Instructions, and Escrow Holder is not charged with knowledge of or any duties or responsibilities in connection with any other document or agreement. ' 9. Counterparts. The parties may execute this Agreement in two or more counterparts which shall, in the aggregate, be signed by each party. Each counterpart shall be deemed an original instrument as against any party who has signed it. 10. Attorney Fees. In the event a party hereto brings suit to enforce the terms of this agreement to secure the performance hereof, each party shall bear its own attorney's fees and costs. IN WITNESS WHEREOF, the parties hereto have executed these Escrow Instructions as of the date set forth above. CITY OF HUNTINGTON BEACH, a SAN JOAQUIN HILLS TRANSPORTATION municipal corporation of the State of CORRIDOR AGENCY, a joint power agency California By: i rZ2n:4 2Authorized Officer Mayor APPROVED AS TO FORM: ATTEST: By: Agency's Counsel City Clerk CALIFORNIA CORRIDOR APPROVED AS TO FORM: CONSTRUCTORS, a joint venture A,r,� By: City Attorney .rue: 7-%Y-tis INITIATED AND APPROVED: MESA CONSOLIDATED WATER DISTRICT, a county water district Director of P "corks By: Title: -6— The Escrow provided for herein is hereby agreed to and accepted by the undersigned. CHICAGO TITLE COMPANY By: Title: -7- LA1951450104 EXHIBIT A LEGAL DESCRIPTION METROPOLITAN CONSOLIDATED WATER DISTRICT PARCEL 300236--2 A PERPETUAL NONEXCLUSIVE EASEMENT AND RIGHT OF WAY TO INSTALL, CONSTRUCT, RECONSTRUCT, REMOVE AND REPLACE, INSPECT, MAINTAIN, REPAIR, IMPROVE AND RELOCATE A PIPELINE OR PIPELINES WITH INCIDENTAL APPURTENANCES AND CONNECTIONS IN, ON AND UNDER SAID REAL PROPERTY HEREINAFTER DESCRIBED, AND TO INSTALL, CONSTRUCT, RECONSTRUCT, INSPECT, MAINTAIN, REPAIR, REPLACE, IMPROVE AND RELOCATE LINES PARALLEL TO SAID PIPELINE OR PIPELINES; AND TO CONSTRUCT STRUCTURES FOR THE TRANSMISSION AND RECEIPT OF WATER AND FOR THE PURPOSE OF TRANSPORTING WATER, INCLUDING BUT NOT LIMITED TO MANHOLES, MEASURING DEVICES, AIR-VALVES, BLOW-OFFS, STATION, STANDPIPE AND SERVICE CONNECTION STRUCTURES APPURTENANT TO SAID LINE OR LINES FOR WATER TRANSMISSION, WHICH STRUCTURES MAY EXTEND ABOVE THE SURFACE OF THE GROUND; SAID EASEMENT SHALL LIE IN, UNDER AND OVER, AND ACROSS THE FOLLOWING DESCRIBED REAL PROPERTY: THAT PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION, SITUATED IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 300236-2 A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND SOUTHERLY SIDELINE: COMMENCING AT AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTED TO THE COST MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE NORTHWESTERLY TERMINUS OF A LINE BEING DESCRIBED AS SOUTH '18`51'00" EAST, 43.80 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF PARCEL 63769-1 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER, SAID LINE BEING DESCRIBED AS SOUTH 01*43"22" WEST, 933.51 FEET, THENCE SOUTHERLY ALONG SAID PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 01�43'32" WEST, 736.44 FEET; SOUTH 24�20'19" WEST, 83 .56 FEET; SOUTH 01�43'32" WEST, 466.13 FEET; SOUTH 01�45'22" WEST, 264.84 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 01*52'50" EAST, 304.40 FEET; THENCE SOUTH 28*07'10" WEST, 43.48 FEET; THENCE SOUTH 01`45'22"WEST, 133.44 FEET TO A POINT ON A LINE, PAGE 1 OF 4 - PARALLEL WITH AN DISTANT EASTERLY 65.00 FEET MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF SAID PARCEL 63769-1, SAID LINE BEING DESCRIBED AS SOUTH 1404712011 WEST, 243.83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769-1, SAID LINE BEING DESCRIBED AS SOUTH 44*27'42" EAST, 231.22 FEET; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 44027132" EAST, 375.83 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 13*58'54" EAST, 329.56 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1690.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 65 26'06" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 13'58154" EAST, 80.15 FEET; THENCE SOUTH 17*48126" WEST, 305.21 FEET; THENCE SOUTH 24046'06" EAST, 175.65 FEET; THENCE SOUTH 84*40152" EAST, 252.19 FEET TO THE POINT OF TERMINATION; SAID POINT BEING ON THE EASTERLY LINE OF PARCEL 63768- I AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 11091, PAGE 1458 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER, SAID LINE BEING DESCRIBED IN SAID DEED AS "A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 43'29'1311 , AN ARC DISTANCE OF 379.50 FEET" . THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE SHORTENED SO AS TO TERMINATE NORTHERLY ON THE AFOREMENTIONED NON- TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1690.00 FEET, AND PROLONGED SOUTHERLY SO AS TO TERMINATE ON THE EASTERLY LINE OF SAID PARCEL 63768-1. THE SIDELINE OF THE HEREINABOVE DESCRIBED EASEMENT SHALL BE PROLONGED, SHORTENED TO INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. THE BEARING AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. • J . . — • 1 tee.,•; Signature games G. Gilbertsen L.S. 4013 (Exp. 6/30/96) ..�. � .`1 Date f- f• 7-s - PAGE 2 OF 4 i fI RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE THE SURFACE OF THE LAND WITHIN THE BOUNDARY LINES OF THE PERMANENT EASEMENT AND RIGHT OF WAY ABOVE DESCRIBED TO THE EXTENT COMPATIBLE WITH THE FULL AND FREE EXERCISE OF SAID EASEMENTS AND RIGHTS OF WAY, INCLUDING BUT NOT LIMITED TO THE RIGHT TO PLANT AND CULTIVATE CROPS; PROVIDED, HOWEVER THAT: (A) NO BUILDINGS OR STRUCTURES OF ANY KIND SHALL BE PLACED, ERECTED OR MAINTAINED THEREON; (B) IF THE AREA WITHIN THE PERMANENT EASEMENT AND RIGHTS OF WAY IS USED FOR ORCHARD PURPOSES, GRANTOR, ITS SUCCESSORS OR ASSIGNS, SHALL LOCATE THE TREE OR TREES IN SAID ORCHARD SO AS TO NOT INTERFERE OR DAMAGE ANY PIPELINE OR PIPELINES OR OTHER STRUCTURES WITHIN SAID EASEMENT AREA, IN ADDITION SHALL REMOVE ANY TREE OR TREES WHICH INTERFERE WITH OR DAMAGE OR ENDANGER ANY PIPELINE OR PIPELINES OR OTHER STRUCTURES WITHIN SAID EASEMENT AREA; (C) NO STREETS, ALLEYS OR ROADWAYS SHALL BE CONSTRUCTED UPON, OVER OR ALONG SAID EASEMENTS AND RIGHTS OF WAY TO A GRADE LESS THAN FOUR FEET ABOVE THE TOP OF ANY PIPE OR PIPES LOCATED WITHIN THE LINES OF SAID EASEMENTS OF RIGHTS OF WAY; NO FILL SHALL BE PLACED OR MAINTAINED OVER THE SURFACE OF THE GROUND -AS IT SHALL EXIST WITHIN THE LINES OF SAID EASEMENTS AND RIGHTS OF WAY UPON THE COMPLETION OF THE IMPROVEMENT TO BE CONSTRUCTED THEREIN GREATER THAN TEN FEET IN DEPTH; (D) IF THERE IS ANY EXISTING FENCING ACROSS THE RIGHT OF WAY STRIP, GRANTEE SHALL HAVE THE RIGHT TO INSTALL GATES IN SAID FENCING FOR THE PURPOSE OF PERMITTING CONVENIENT ACCESS TO SAID STRIP. ANY FENCING WHICH IS HEREAFTER CONSTRUCTED OVER, ON OR ACROSS SAID STRIP BY GRANTOR, SHALL HAVE GATES INSTALLED BY SAID GRANTOR SO AS TO PROVIDE GRANTEE WITH REASONABLE ACCESS TO SAID STRIP. ANY GATES WHICH ARE INSTALLED BY GRANTEE ON SAID LAND SHALL BE LOCKED WITH GRANTEE'S LOCKS, AND ALSO, IF THE GRANTOR SO DESIRES, MAY BE LOCKED WITH THE GRANTOR'S LOCKS, IN SUCH A MANNER THAT EITHER CAN LOCK OR UNLOCK THE GATES; ANY GATES WHICH ARE INSTALLED AND LOCKED BY THE GRANTOR AND USED BY THE GRANTEE SHALL BE LOCKED ALSO BY THE GRANTEE'S LOCKS SO THAT EITHER CAN LOCK OR UNLOCK THE GATES. (E) THE GRANTEE SHALL HAVE FREE ACCESS OVER AND ALONG SAID EASEMENT TO ITS UNDERGROUND FACILITIES AND ALL PORTIONS THEREOF FOR THE PURPOSE OF EXERCISING THE RIGHTS HEREIN GRANTED; PROVIDED, HOWEVER, THAT IN 11AKING AN EXCAVATION ON ANY PART OF THE PROPERTY WITHIN THE EASEMENT ABOVE DESCRIBED, THE GRANTEE SHALL CAUSE SUCH EXCAVATIONS TO BE MADE IN SUCH A MANNER AS WILL RESULT IN THE LEAST INJURY TO THE SURFACE OF THE EARTH AROUND SUCH EXCAVATION AND �"'� PAGE 3 OF 4 SHALL RESTORE THE SURFACE OF SAID EASEMENT TO THE r CONDITION AS IT EXISTED PRIOR TO SUCH EXCAVATION INSOFAR AS POSSIBLE. GRANTEE AGREES TO INDEMNIFY GRANTOR AGAINST AND TO HOLD GRANTOR HARMLESS FROM ANY LOSS OF OR DAMAGE TO ANY PROPERTY, OR INJURY OR DEATH OF ANY PERSON WHOMSOEVER, PROXIMATELY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENCE OF GRANTEE OR ITS EMPLOYEES OR AGENTS, OR BY ANY ACT OF OMISSION FOR WHICH GRANTEE OR ITS EMPLOYEES OR AGENTS ARE LIABLE WITHOUT FAULT, IN THE EXERCISE OF THE RIGHTS HEREIN GRANTED; SAVE AND EXCEPT IN THOSE INSTANCES WHERE SUCH LOSS OR DAMAGE OR INJURY OR DEATH IS PROXIMATELY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENCE OF GRANTOR OR ITS EMPLOYEES OR AGENTS, OR BY ANY ACT OR OMISSION FOR WHICH GRANTOR OR ITS EMPLOYEES OR AGENTS ARE LIABLE WITHOUT FAULT. �r PAGE 4 OF 4 -- 4S.t .A �tERI 4� C?4 OR 9436305-F TITLE OFFICER-DOOLI:O ' PARCEL 30M7-1 (TYPED 04103/95) MESA CONSOLIDATED WATER DISTRICT DESCRIPTION THAT PORTION OF BLOCK 57 OF IRVINEfS SUBDIVISION, SITUATED IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 300237--2 A STRIP OF LAND 30.00 FEET WIDE, THE EASTERLY AND NORTHERLY SIDELINE OF WHICH IS PARALLEL AND CONCENTRIC WITH THE FOLLOWING DESCRIBED WESTERLY AND'SOUTHERLY SIDELINE: COMMENCING AT AN ANGLE POINT ON THE WESTERLY LINE OF AN EASEMENT GRANTED TO THE COSTA MESA COUNTY WATER DISTRICT AND THE CITY OF HUNTINGTON BEACH AS RECORDED IN BOOK 7232, PAGE 711 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID ANGLE POINT BEING THE NORTHWESTERLY TERMINUS OF A LINE BEING DESCRIBED AS SOUTH 190 371 5511 EAST, 43.80 FEET; THENCE SOUTHERLY ,..� ALONG SAID LINE SOUTH 180 51" 00" EAST, 11.82 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 20.00 FEET, MEASURED AT RIGHT ANGLES, TO THE WESTERLY LINE OF PARCEL 63769-1 AS DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER, SAID LINE BEING DESCRIBED AS SOUTH 010 431 22" WEST, 933.51 FEET; THENCE SOUTHERLY ALONG SAID PARALLEL LINE THE FOLLOWING FOUR (4) COURSES: SOUTH 010 43f 32" WEST, 736.44 FEET; SOUTH 240 20' 1911 WEST, 83.56 FEET; SOUTH 010 43f 32" EAST, 466.13 FEET; SOUTH 016 45f 22" WEST, 264.84 FEET; THENCE LEAVING SAID 'PARALLEL LINE SOUTH 010 52f 50" EAST, 304.40 FEET; THENCE SOUTH 280 07-' 1011 WEST, 43.48 FEET; THENCE SOUTH 010 451 2210 WEST, 133.44 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY 65.00 FEET, MEASURED AT RIGHT ANGLES# TO THE WESTERLY LINE OF SAID PARCEL 63769-1, SAID LINE BEING DESCRIBED AS SOUTH 140 470 10" WEST, 470.01 FEET; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 140 47' 20" WEST, 243.83 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 62.50 FEET, MEASURED AT RIGHT ANGLES, TO THE SOUTHERLY LINE OF SAID PARCEL 63769-11 SAID LINE BEING DESCRIBED AS SOUTH 440 27' 42" FAST, 231.22 FEET; PAGE 5 C 46 OR-9436305-F TITLE OFFICER-DOOMG PARCEL 300237-2 (TYPED 04103/95) THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE SOUTH 440 27' 32" FAST, 375.83 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 13° 58f 54" EAST, 329.56 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING I. RADIUS OF 1960.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS I:ORTH 650 26' 06" FIEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 130 58** 54" EAST, 80.15 FEET; THENCE SOUTH 170 48' 26" WEST, 305.21 FEET; THENCE SOUTH 2410 46f 06" EAST, 51.99 FEET TO THE POINT OF TERMINATION OF THIS EASEMENT, SAID POINT OF TERMINATION BEING ON A LINE WHICH HAS A BEARING OF VORTH 840 40' 52" WEST. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP .SHALL BE aHORTENED SO AS TO TERMINATE NORTHERLY ON THE AFOREMENTIONED CURVE I[AVING A RADIUS OF 1960.00 FEET. THE EASTERLY SIDELINE OF THE HEREINABOVE DESCRIBED STRIP SHALL BE PROLONGED SO AS TO TERMINATE SOUTHERLY ON THE AFOREMENTIONED LINE «RICH HAS A BEARING -OF NORTH 840 401 52" WEST. THE SIDELINE OF THE HEREINABOVE DESCRIBED EASEMENT OF LAND SHALL BE PROLONGED, SHORTENED AND INTERSECT, WHERE NECESSARY TO CREATE A CONTINUOUS BOUNDARY. THE BEARINGS AND DISTANCES USED IN THE ABOVE . DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. DIVIDE THE GRID DISTANCES BY 0.99996374 TO OBTAIN GROUND DISTANCES. NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS REPORT AND MAY NOT BE CONSIDERED FOR USE IN ANY POLICY OF TITLE INSURANCE TO BE ISSUED BY THIS COMPANY, AND IS SUBJECT TO CHANGE AT ANY TIME. PAGE 6 . • t Exhibit B CERTIFICATE Chicago Title Company 16969 Von Karman Irvine, California 92714 Re: Escrow No. Ladies and Gentlemen: We hereby certify that Mesa Consolidated Water District ("Mesa") has incurred expenses in the amount of$ in connection with either (i) a relocation of the Pipeline as defined in those certain Escrow Instructions (the "Escrow Instructions") dated May 30, 1995 given to Chicago Title Insurance Company by the San Joaquin Hills Transportation Corridor Agency, a joint powers agency, and California Corridor Constructors, a joint venture, which relocation is required due to the failure to provide to Mesa and the City of Huntington Beach the Easement(as defined in the Escrow Instructions), or(ii) enforcing the Escrow Instructions against [insert either"Agency"or"CCC", but not both]. Attached hereto are invoices, receipts, bills, or other documentary evidence of such expenses incurred by Mesa. In accordance with Section 2 of the Escrow Instructions, please release to Mesa from the above referenced escrow account funds in the amount referenced above. The individual signing below certifies that the foregoing statements are true and correct and that the signatory is authorized to sign and deliver this statement on behalf of Mesa. Dated: MESA CONSOLIDATED WATER DISTRICT, a county water district By: Name: Title: lA1951450104 :t. W CALIFORNIA CORRIDOR CONSTYiUCTORS Kienit Pacific Co. /Granite Constructiou Conzpwky, A.taint Venture S November A, 1994 Via Facsimile (714) 374-1590 Arthur J, Folger CITY Oh HUNTINGTON BEACH City Attorney's Office 2000 Main Street Huntington Beach, California Re: San IMuin Hills Transportation Qeridor Mesa Consolidated Water District Crossing No. 3002 Dear Mr. Folger; am faxing another copy of the above referenced agreement. Mr. Robert Anslow (Bowie, Arneson, Kadi, Wiles & Giannone) will be forwarding a copy by mail. Please obtain the necessary signatures as soon as possible and return @ e6jAmaffl9m@ftto Mr. Anslow at the following address: Bowie, Arneson, Kadi, Wiles & CiannonP 4920 Campus Drive Newport Beach, California 92660 As you indicated on the phone, you have already reviewed and approved the form of the Agreement, but the office may have inadvertently misplaced the file. Please let me know if your two-week estimate for City Council approval will not be a reality, so I can make the necessary arrangements. If you have any questions, please do not hesitate to call. Sincerely yours, John P. CaFente Counsel JPC:jp Attachment: 38 pages District Office_ P_0. Box 1769. Vancouver, WA. 98668-1769. (206) 693-2478, Fax (206) 693-5582 Project Office: 1'_0. Box 57018. Irvine, CA. 92619-7018. (714) 753-1022, Fax (714) 75.1-1026 1 1 —IICI—cud iii. . 1 01!A C i i 1113 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: JERRY HINKEY, Investigator FROM: ARTHUR DE LA LOZA, City Attorney DATE: October 28, 1998 SUBJECT: Opinion re San Joaquin Slope Repair Agreement; RLS 98-080 Please see Janelle Case in the City Clerk's Office to help locate the San Joaquin "Slope Repair Agreement" she is seeking in the attached RLS. One.of our clerks, Lisa, had previously searched and I thought she had located all the executed agreements. Thank you. (Dictated but not read) ARTHUR DE LA LOZA Deputy City Attorney P.S. Perhaps one of the voter districts has a copy. ADUab Attachment: RLS-080 r adv98m9moNnke �� l4 CITY OF HUNTINGTON BEACH Q INTER-DEPARTMENT COMMUNICATION HLIN1114GTLNV SLACH To: CONNIE BROCKWAY, City Clerk From: ARTHUR DELALOZA, Deputy City Attorney Date: May 29, 1993 Subject: San Joaquin Agreements Enclosed are: 1. Easement Deed and Agreement, certified copy; and 2. Joint Use Agreement, certified copy. Jerry Hinkey is still searching for the other documents. 1 A THUR DELALOZA Deputy City Attorney ADUab Attachments cc: Gail Hutton, City Attorney Jerry Hinkey /'1���� �tP- Q.�iaaC �r�r�z•�..r�o c...l'h / j -�,'k 7�4z co 4 1. & !ramv ro lf-uz an 1%..7 adMmemo',brockmy ' C ��. 44 CITY OF HUNTINGTON BEACH Rs~s` i°. Assn To.- REQUEST FOR LEGAL SERVICESo .' Gail Hutton, City Attorney l Rate Date: Request made by: Telephone: -Department: 1130198 CONNIE BROCICWAY 5404 CITY CLERK INSTRUCTIONS: File request in the City Atterney's Office. Outlipe reasons for this request and'state facts necessary for City Attorney to respond. Please attach all pertinent information andzpxhibitss r _ TYPE OF LEGAL SERVICES REQUESTED: �`� ❑ Ordinance ® Opinion ❑ Stop Notice-.' ❑ Resolution ❑ Lease ❑ Bond �1 (3 Meeting ❑ Contract/Agreement ❑ Deed , ❑ Court Appearance ❑ insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes TZ No w Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure or the If for City Council action, desired completion date: Informatfon contained In this RLs.to all rem s of the City Council. Agenda Deadline Council Meeting 13 --9'- Signature of D artment Head ' 1 :COMMENTS, 1777 . SE PREPARE AN OPINION IN RESPONSE TO THE ATTACHED MEMO REGARDIN 1) SAN JOAQUIN SLOPE : REPAIR AG E M 'D (2) SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR UTILITY t E T#JQUZ. ' V , M.'JSL. VS 'AL SFtiingfl C L7 LB ` Cl Rout ❑ '... a r•- -- -.n .: - --k. -- :. ... This Request for Legal Se:raices has been assigned to`attomey-•' --'ART-�DELAL0ZA. 2/30/98� ete"r�sion 5 G 20 :His/tier`secretary is :�}o a n Y sl : ;'extension Notes } {; File Name': 4 '` Date Completed ' WP.No••. . . Y ED 13haded areas for City Attorney's Office use only. L02. a. vo ��•5��0 4 �f K�f�t�. " [J.0�4 L�,~y�.tt vJ�` � f �� G8 0 a RLS1303. 8.DOC ninnm++•re a' /' CITY OF HUNTINGTON BEACH RLS No. C jO REQUEST FOR LEGAL SERVICES Assn To QL-� Gait Hutton, City Attomey Date . A -f-.f f Date: Request made by: Telephone: Department: 1/30/98 CONNIE BROCKWAY 5404 CITY CLERK INSTF UCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts r:ecessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ® Opinion ❑ Stop Notice ❑ - Resolution ❑ Lease ❑ Bond ❑ Meeting ❑ Contract/Agreement ❑ Deed ❑ Court Appearance ❑ Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information contalned In this RLs to all membgs of the City Council. Agenda Deadline Council Meeting r-�2•— 13 -9 R— Signature of artment Head COMMENTS -FlEaf- PREPARE AN OPINION IN RESPONSE TO THE ATTACHED MEMO REGARDIN 1) SAN JOAQUIN SLOPE REPAIF;A D (2) SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR UTILI 9 - Routing'. ❑ GCH 0 PDA ❑ LB ❑ SL 13 WSA ❑ ADL ❑ SF ❑ JM ❑ This Request for Legal Services has been assigned to attorney ART DELALOZA extension 5 G 2 0 His/her secretary is Joan H. , extension 5,4 r _ Notes: File Name: Date Completed: WP No.: ❑ Shaded areas for City Attorney's Office use only. T Ca S/�IQP G-j-- C' /0/ko/v- hle 4wl Aic fet 1�ta'"at god n Y L 44 J�1► {7K O RLS130t B.DOC 01/30198 11:54 AM z ' Ja CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION M JfdTIFKiTOH 6EACM TO: Gail Hutton City Attorney FROM: Connie Brockway 66 City Clerk . DATE: January 30, 1998 SUBJECT: (1) SAN JOAQUIN SLOPE REPAIR AGREEMENT (2) SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR UTILITY AGREEMENT#3002 The San Joaquin Slope Repair Agreement, approved by Council on 12/18/95, cannot be officially filed until the Clerk's Office receives information that all requirements for the processing of the agreement have been met 1 have the following concerns; there may be • Fdditional concerns of which I am not aware. �rf 1. The city has not received a fully executed copy of the San Joaquin Slope Repair 1;850 z. Agreement(see copy that is executed by Hun'.ington Beach). The city has not received a fully executed copy of the San Joaquin Hills Transportation I�eCe ✓l Corridor Utility Agreement#3002 although the outside attorney was provided with copies (,/ 1// of the signature pages to return to the participants. 3. The city does not know if an Easement Deed and Agreement have been recorded as verification of recordation has not been sent to the participants. have copied the entire Clerk's file so that your office can legally review this agreement Please advise me of your opinion. cbmemos'9&t tcy 4 1 i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 15,1996 7h•J s 7440 Of'(4/14.I a Q, c ,� � ' AD Metropolitan Water District of Southern California 2 California Plaza 350 South Grand Ave. Los Angeles, Calif. 90071 Attn.: John Wodraska, General Manger Enclosed is the executed original San Joaquin Reservoir Slope Repair Agreement between the City of Huntington Beach and other specified agencies. This agreement was approved by the City Council of Huntington Beach on March 18,1996. When fully executed please provided a fully executed copy of said agreement to the Office of the City Clerk. Thank you, Sincerely, Connie Brockway City Clerk CC: Jeffrey R. Renna,Water Operations Manager 1 Telephone:7145W.5227) r �" • REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: Council/Agency Meeting Held: Deferred/Continued to:-=1; �YApproved ❑Conditionally Approved ❑ Denied City Clerk's Signat&e Council Meeting Date: March 18, 1996 Department ID Number. REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB S SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator n L PREPARED BY: ' L'ES M. JONES II, Director of Public Works SUBJECT: AGENCY AGREEMENT, SAN JOAQUIN RESERV IR SLOPE REPAIR Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attaclunent(s) ;statement of Issue: The San Joaquin Reservoir must be repaired before it can be put back into operation. Funding Source: Not applicable. Funding was authorized from the Unappropriated Water Fund Reserves, per Council Action dated December 18, 1995. Recommended Action: Authorize the Mayor and City Clerk to approve the attached multiple agency repair agreement. Altemative Action[s]: Deny request and advise staff how to proceed. Analysis: The San Joaquin Reservoir is a 3,050 acre-foot (one billion gallon), open, treated water reservoir in the coastal foothills of unincorporated Orange County, about 2.5 miles due south of the University of California, Irvine. The reservoir is jointly owned by Metropolitan REPAIRAGDOT -2- 03/0619610:23 AM t t �` • REQUEST FOR COUNCIL ACTION MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: Water District (MWD), Irvine Ranch Water District, Mesa Consolidated Water District, the City of Huntington Beach, the City of Newport Beach, Laguna Beach Water District, and the South Coast Water District. The facility is maintained by MWD for the common benefit of the owners under a trust agreement. This reservoir serves approximately 400,000 people in the 35-mile coastal strip from Huntington Beach to Dana Point. MWD also operates the reservoir and uses it to meet peak water demands in the area. The City of Huntington Beach currently has 13.4% ownership in the reservoir. A major landslide occurred at the San Joaquin Reservoir in February, 1995. Its cause is attributed by geologists to unusually high rainfall and the presence of a previously unknown ancient landslide. The south end of the reservoir must now be reconstructed to buttress the failed area. The cost of this work is estimated at $4.5 million. The City's share of the total repair project (13.4%) is estimated to be $603,000. It was requested and approved in December of 1995 that monies from the unappropriated Water Fund Reserves be used to pay this obligation. The reservoir is currently out-of-service and awaiting these needed repairs. The existing Trust Agreement stipulates that MWD handle all work of importance on the reservoir. After review by the San Joaquin Reservoir Advisory Committee, which consists of representatives from each Owner, it was decided that the Irvine Ranch Water District (IRWD) could more expeditiously undertake the repair project due to its ability to facilitate quick approvals. Execution of the attached Agreement, which specifically recites operative agreements to administer repairs, will allow the joint owners to proceed with the repair project:- The Agreement merely serves to name IRWD as the agent of the Owners, instead of MWD, for this project. Additionally, it identifies the change in financial process necessary to empower IRWD to carry out the work. Staff recommends approval of the Agreement so that the project may begin. The Agreement has been signed by all other agencies involved, and approval by the City of Huntington Beach is the only item required before the repair work can begin. Environmental Status: Not applicable. A_ttachment(s): 1- Agency Agreement, San Joaquin Reservoir Slope Repair 2. Request for Council Action dated December 18, 1995 Cit Clerk's REPAIRAG.boT -3- 0310619610:23 AM y • AGENCY AGREEMENT SAN JOAQUIN RESERVOIR SLOPE REPAIR THIS AGENCY AGREEMENT, hereinafter referred to as the "Agency Agreement, " is made and entered into as of the day of 1995, by and between the following entities (collectively, the "Owners") : IRVINE RANCH WATER DISTRICT (11IRWD1 ) , organized and existing pursuant to the California Water District Law (Water Code § 34000 et seq. ) ; THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA ("METROPOLITAN") , organized and existing pursuant to the Metropolitan Water District Act (State. 1969, Ch. 209, as amended) ; CITY OF HUNTINGTON BEACH ("HUNTINGTON BEACH") , a municipal corporation of the State of California; CITY OF NEWPORT BEACH ("NEWPORT") , a municipal corporation of the State of California; MESA CONSOLIDATED WATER DISTRICT ("MESA") , organized and existing pursuant to the Costa Mesa Merger Law (Water Code § 33200 et seq. ) and the County Water District Law (Water Code § 30000 et seq. ) ; LAGUNA BEACH COUNTY WATER DISTRICT ("LAGUNA") , organized and existing pursuant to the County Water District Law (Water Code § 30000 et seq. ) ; SOUTH COAST WATER DISTRICT ("SOUTH COAST") , organized and existing pursuant to the County Water District Law (Water Code § 30000 et seq. ) ; and THE IRVINE COMPANY ("TIC") , a Michigan corporation. RECITALS A. The parties hereto are parties to the San Joaquin Reservoir Trust Agreement, as amended by the First Amendatory Agreement, effective .July 1, 1980, and by the Second Amendatory Agreement, effective .October 1, 1990 and to become operative upon the occurrence of certain matters described in Sections 12 and 14 thereof (the "Trust Agreement") . All capitalized terms used herein shall have the meanings given them in the Trust Agreement. B. A slope failure has been discovered in the Reservoir, along the west facing slope of Claystone Hill, as described in that certain geotechnical report prepared for METROPOLITAN by Law/Crandall entitled "Report of Geotechnical Investigation, Slope Failure, for the Metropolitan hater District, " dated September lb, 1994 . C. Notwithstanding the provisions of the Trust Agreement which provide for repairs, the- parties wish to. make certain additional provisions concerning the repairs of the slope failure described in the preceding recital (the "Slope Repair") ,. due to the emergency nature and magnitude of the Slope Repair. OPERATIVE AGREEMENTS SECTION 1 . Appointmentof Agent . Pursuant to Section Bg(iii) of the Trust Agreement, the Owners agree to, undertake the ,• ;lope Repair, and the Owners agree to the appointment of IRWD to act as the agent of the Owners in carrying out the Slope Repair. Steps taken by IRWD as agent prior to the date hereof, including but not limited to retention of biological services, retention of Law/Crandall to perform additional subsurface exploration and Proceedings under the California Environmental Quality Act, are hereby ratified by the parties. SECTION 2 . Reimbursement of Agent. 4 a. From Contingency Fund For Emergencies. METROPOLITAN shall reimburse IRWD from the contingency fund for emergencies, to the extent of funds available therein, for preliminary expenditures and costs incurred by IRWD for the Slope Repair, including those incurred prior to the effective date hereof, and for the construction cost of the Slope Repair. b. From Emergency Deposits. For any preliminary expenditures and construction costs of the Slope Repair in excess of the funds available in the contingency fund for emergencies, METROPOLITAN shall calculate emergency deposits from each Owner in accordance with Trust Agreement Section Gd, and shall reimburse IRWD from such deposits, to the extent of funds available therefrom. METROPOLITAN agrees to exercise all remedies authorized by the Trust Agreement in the event of a d-afault by an Owner with respect to such deposit. C. Manner of Calculation. The deposits shall be calculated by METROPOLITAN in the shares as provided in the Trust Agreement. All amounts to be 'reimbursed shall be calculated by IRWD in the same manner as provided in Trust Agreement Section 6b. d. Timina_of_Rgimbursement. Reimbursements to IRWD shall be paid by METROPOLITAN within thirty (30) days of each invoice from IR7,M. 2 i SECTION 3 . Iri carrying out the Slope Repair, IRWD shall be deemed for all purposes to be acting solely as the agent of the Owners and shall have.no liability or responsibility in connection therewith other than as ene of the Owners under the Trust Agreement. SECTION 4 . Except as otherwise provided herein, the Trust Agreement shall govern the implementation of and payment for the Slope Repair. SECTION 5 . This Agreement may be executed in counterparts in the same manner as set forth in Section 10g of the Trust Agreement. SECTION 6. Nothing expressed or mentioned in this Agreement islintended or shall be construed -to give- any person, other than the parties hereto and their respective successors and assigns any right, remedy or claim under this Agreement or any provision hereof, this Agreement and its provisions being intended for the sole and exclusive benefit of the parties hereto and their respective successors and assigns, and for the benefit of no other person. IN WITNESS WHEREOF, each of the parties has caused this Agency Agreement to be executed by its duly authorized officers cn the date first hereinabove written. THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA JOHN R. WODRASKA, GENERAL MANAGER By Approved as to force: N. GREGORY TAYLOR General Counsel By Lauren R. Brainard Senior Deputy General Counsel . 3 r IRVINE RANCH WATER DISTRICT By By CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH Appro�ec3 s to Fo m . ` r � By By 4t Attorney Mayor By .6 City Clerk .9�e"47 CITY OF NEWPORT BEACH By By MESA CONSOLIDATED WATER DISTRICT By By LAGUNA BEACH COUNTY WATER DISTRICT By BY 4 � T SOUTH COAST WATER DISTRICT By By THE IRVINE COMPANY By By jca/ 16877/ 121595 5 �_= NC1 -1+8 198 08:58AM 213 217 6610 P.2 THE IRVINE COMPANY January 24, 1996 Mr. Ron Young Chairman. San Joaquin Reservoir Advisory Commince IRVINE RANCH WATER DISTRICT 15600 Sand Canyon Avenue P.O. Box 57000 Irvine. CA 92619-7000 Re: Agency Agreement - San Joaquin Rcscrvoir Slope Repair Dear Ron: This fcrer is in response to your Dmernher 21, 1995 letter. which requested that The Irvine Company execute the Agency Agmnacnt designating the Irvine Ranch Water District as the managing agency for repairing the slope failure within the reservoir property. Althougb we support the completion of the slope repair as Quickly as possible, we believe it is unnecessary for us to execute the Agency Agreement. Specifically, in reviewing the provisions of the Trust Agreement dealing with repairs to the reservoir, we noted the following: 1. Section 9(b) provides that repair projects for 'the reservoir trust be approved by a "majority vote of the Advisory Committee as set fork in Section 2(c)(i)' of the Trust Agreement. Section 2(c)(i) allows the Advisory Committee to act by Vote of a majority of the owners representing in excess of 50% of the toral ownership of the reservoir. It is clear from these provisions that a unanimous vote to proceed with the repairs is not necessary. 2. TIC is specifically precluded in Section 2(c)(i) from voting "on any matter relatfn,g to reservoir expenses or other costs required by this Trust Agreement to be allocated' among the Reservoir owners. Section 6(a) of the Agreement exempts TIC's ownership interest from the requirement to pay for reservoir expenses (which include reservoir repairs). 3. Other portions of the Taut Agreement indicate that repair projects can be Implemented without the vote of all of the owners, particularly In ernereency situations (which is how these repairs have been categorized in the Agency Agreement). In light of the above, we bave elected no:to execute the Agency Agreement since The Irvine Cortpt,v is not a necessary party to the Agreement. kt1r1.L"rat�raenl�77s s'SO Newpon Camor Dowt.P.O.Box 6370.Nr you Beach.Udortfs 92600 6370•(114)720-2000 KV-18-1998 08:58 99i P.02 mov ie 'ge oe:59AM 213 217 6610 P.3 Mr. Ron Young January 24. 1996 Page 2 I hope this lener clearly describes our position in this matter. but please call me if you have any questions. very tnily yours, Bcmard A. Maniscalco President, Coastal Community.Builders. a division of The Irvine Company BAM:kma cc: Joan C. Arneson, Esq. James R. Cavanaugh, Esq. 141�I:ioaut\genan!V335 NOU-ie-199e oe:5e 99% P.03 •; REQUEST FOR COUNCIL ACTION MEETING DATE: December 18, 1995 DEPARTMENT 1D NUMBER: Council/Agency Meeting Held: 11�. Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's 5ignat re Council Meeting Date: December 18, 1995 Department ID Number. REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: ES M. JONES 11, Director of Public Works SUBJECT: SAN JOAQUIN HILLS TRANSPORTATION CORCIDO -- EASEMENT DEED AND AGREEMENT FOR WATER PIPELINE OWNED JOINTLY WITH MESA CONSOLIDATED WATER DISTRICT Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environments Status,Attachments Statement of Issue: The City of Huntington Beach, together with Mesa Consolidated Water District, owns and maintains a 42-inch water transmission pipeline, that carries water from the San Joaquin Reservoir to both agencies. The San Joaquin Hills Transportation Corridor Agency is constructing a tollway known as the San Joaquin Hills Transportation Corridor. As a result of this construction, the 42-inch pipeline had to be relocated. An agreement for this relocation was approved by Huntington Beach City Council on February 21, 1995. As part of the construction and relocation, both the City and District must enter into the subject Easement Deed and Agreement. This Easement Deed and Agreement will grant a perpetual easement and right of way to facilitate operation and maintenance of the 42-inch water transmission pipeline by the San Joaquin Hills Transportation Corridor Agency. EASEMENT.DOT -2- 12106l95 2:30 PM Ar. t,. REQUEST:FOR- COUNCIL ACTION MEETING DATE: December 18,_1995 DEPARTMENT IDr NUMBER: Funding Source: There will be no fiscal impact upon,the City. Perthe previously approved San Joaquin Hills Transportation .Corridor Utility Agreement N.o.-300:2, copy attached, Article IX, Section 10.02, funds 'required for all expenses in connection with the relocation of Crossing No. 3002 shall be the responsibility'of San Joaquin Hills Transportation Corridor Agency working in conjunction with California Corridor Constructors.. Recommended Action: Approve the Easement Deed and Agreement and authorize the Mayor and City.Clerk to execute the document. Alternative Action(&): Deny request for approval and':execution of Easement Deed and Agreement. Advise Staff how to proceed. Analysis: The purpose of this'document is to dedicate a new water line easement in-the location of the new alignment of the-42-inch pipeline owned jointly by the City and Mesa Consolidated Water District-. It will restore all rights and privileges`'associated with the former alignment. Approval and execution of this document will enable the San,Joaquin Hills Transportation Corridor Agency to complete their original obligation. All pipeline relocation work has been completed. The City Council approved ,relocation of the pipeline on February 21, 1995 as part of the San Joaquin Mills Transportation Corridor Utility Agreement No. 3002. This new document corresponds exactly with all of the environmental concerns that needed to be addressed as well as all of the requirements of the City and the Mesa Consolidated Water District. Environmental Status: Not applicable. Attachment(s): 1. Map 2. Easement Deed and Agreement, including, Exhibits "A",-"B", "C", "D" 3. Request for City Council Action dated February .21, 1995, `San Joaquin Hills Transportation Corridor Utility Agreement No. 3002" 4. "San Joaquin Hills Transportation Corridor Utility Agreement No. 3002" EASEMENT.DOT -3- 12/07/95 7:35 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December iB, 'I995 DEPARTMENT ID NUMBER: L.MJ:JRR:Ib i EASEINENT.DDT .4- 12/06/95 2:30 PM i .ti r 4 d � o IRVINE �E. 73 UNTIE GTON BEAC COS-A MESA JDM vw i e 4 s AvE OR�rCE count FAIR CnOLWS wawa AVE Q 73 ew.ww 42" PIPE ' i CROSSING NEVrPORT BEACH F+SHd+ f N NEWPM PIER sxea r�� LOCATION OF 42" PIPE EASEMENT I -l' w CITY OF HUNTINGTON BEACH LL 4 CITY OF HUNTINGTON BEACH 10. INTER-DEPARTMENT COMMUNICATION MUNTINGTCIN MACH To Connie Brockway, City Clerk From .Jeffrey R. Renna; Water Operations Manager Of�, Date June 16, 1995 Subject Council Items - Pending Log dated 5/22/95 In accordance with your request of May 24, 1995, attached you will find three originals of the Joint Use Agreement, signed by Mesa Consolidated Water District and notarized, and three originals of Exhibit "A" to the San Joaquin Hills Transportation Corridor Utility Agreement. The "Description of Existing Water Line and Alignment and Description of the Relocation Project and Relocation Alignment' (Exhibit "A") has been developed by Mesa Consolidated Water District and delivered to our office. We are forwarding this to you for execution and return of the executed document as specified in the Request for Council Action dated February 21, 1995 (copy attached). JRR:Ib c: Les M. Jones If 1O9 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION MVKnh.(;X*4 MACH To Connie Brockway, City Clerk From Jeffrey R. Renna, Water Operations Managera�� Date May 26, 1995 Subject Council Items - Pending Log dated 5/22/95 In accordance with your request of May 24, 1995, we wish to advise you of the status of Item 33, Exhibit "A' to the San Joaquin Hills Transportation Corridor Utility Agreement. The `Description of Existing Water Line and Alignment and Description of the Relocation Project and Relocation Alignment' is currently being developed by Mesa Consolidated Water District. They advise a completed Exhibit "A" will be available by June 9, 1995, and as soon as we receive our copy, we will immediately forward it to you. Deborah DeBow will reply under separate cover the status of Item 11 prior to the May 31 deadline. JRR:lb c: Les M. Jones 11 Deborah M. DeBow r r �, CITY OF HUNTINGTGN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 5, 1995 Bowie, Areson, Kadi, Wiles& Giannone 4920 Campus Drive Newport Beach, CA 92660 J The City Council of the City of Huntington Beach at the meeting held March 6, 1995 approved the San Joaquin Hills Transportation Corridor Utility Agreement No. 3002. Enclosed are two original agreements signed by the Mayor and City Clerk. Please return one of the original agreements alter it is fully executed to: Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 If there are any questions regarding this matter, please call the Office of the City Clerk (714) 536-5227. Connie Brockway, CMC City Clerk tf,w+ . t, .Qz& Evelyn Schubert, CIVIC Deputy City Clerk cc: Jeff Renna, Water Operations Manager IT911phonr:714-536.5227)