HomeMy WebLinkAboutSettlement Agreement & Release of Claims - Richard P. Kelter - Old Pirate Lane - Water Line - Easement Dedication (Council did not act on this - included in Clerks records for research purpose). - 2002-12-18 Brockway, Connie
From: Brockway, Connie
Sent: Wednesday, November 13, 2002 7:04 PM
To: Beardsley, Robert
Subject: Old Pirate Lane
Hello Robert, Please let me know if you have an estimated time you may be able to tell me if the Settlement Agreement I
returned to you will go to council for retroactive approval so that the City Clerk's Office can maintain it. Or will you be filing
it with the Real Property Division. I know your'e really busy so let me know when you can. Connie
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� �- CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Connie Brockway, City Clerk
FROM: Robert F. Beardsley, Director of Public Works
DATE: November 6, 2002
SUBJECT: Water Facilities Dedication Agreement—Old Pirate Lane Water Line
On July 26, 2001, Richard P. Kelter executed a Settlement Agreement and Release of Claims document
(copy attached),to compensate him for a water line he constructed under Old Pirate Lane, a private
street. I understand that you already should have the original of this document on file.
To memorialize the complicated background surrounding this matter, I have had my staff prepare a
memorandum and descriptive map (original dated October 4, 2002, attached) and I am requesting that
you file these with the July26, 2001, executed document.
RFB:cf
Att.
c(w/o attachments):
Amy Bodek,Real Estate Services Manager
David Webb,City Engineer
Howard Johnson,Interim Water Operations Manager
``" '/� "
�� ,J�'�
'�, CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNI ('�? T-� CLAi
D E C E
TO: Robert F. Beardsley,Public Works Direct OCT 8 2002
FROM: Robert Righetti,Development Review
DEPT. OF PUBLIC WORKS
SUBJECT: Easement Dedication for Water Line—Pirate Lane
DATE: October 4, 2002
I have completed research on the issue of the easement for the water line in Old Pirate Lane. As
previously disclosed in a memo, there is an existing 40-foot wide easement from Graham St. that
provides the access for the residents along Old Pirate Lane. It is also very clear in the Grant Deeds,
beginning with the first subdivision along this street in 1948, that the easement was also intended for
"public utility purposes."A historical breakdown of how the easement came about is contained below.
In 1954, Claud and Virginia Graham sold the property located behind 16707 Graham Street on the
southwest corner of the intersection of Graham Street and Old Pirate Lane. Per the grant deed filed with
the County(book 2708 page 611)for the conveyance to Carl and Virginia Stevenson, a 40-foot wide
easement was provided from Graham Street to and across the property acquired by the Stevensons. The
easement is described"for road and public utility purposes."
In 1969, a parcel map was filed for record as book 21,page 11, showing the subdivision of two more
parcels at the end of Old Pirate Lane, and the map shows the existing 40 foot wide easement providing
access to the properties.
In 1990, the new owner of the Stevenson property subdivided that property into four lots with the filing
of Parcel Map 89-397(book 254,page 32 and 33). This map again reaffirms the existence and
continuation of the easement for"road and public utility purposes"to serve the new four lots. Lot no. 1
of this parcel map was owned by Harry and De Lores Derderian.
In March,2000, the Derderians subdivided their lot with Parcel Map 99-165 (book 312 page 49 and 50),
and again reaffirmed the use and existence of the easement for"road and public utility purposes.
The waterline constructed by Richard Kelter in 1994 was installed xN ithin this easement and terminated
at the westerly boundary of the Derderian property. In its asbuilt state, the waterline currently resides
within an existing 40-foot wide easement for"road and utility purposes" from Graham Street westerly
approximately 450 feet.
When the agreement was executed between Mr. Kelter and the City on July 25, 2001, for the acquisition
of the water line, the easement was in the control of the property owners who owned the property
underlying the easement area. Mr. Kelter owned only the property located at 5432 Old Pirate Lane. He
also owned the water line that he installed within the existing"road and public utility"easement. It is
debatable as to whether he was legally allowed to construct a"private"water line across the adjacent
properties to supply water to his home, as the easement was for"public utilities," not private. Also, he
could not make an offer of dedication for an easement for water line purposes over any other property
other than the property that he owned. In this case there are five other property owners that would need
to be signatory to any offer that would put the entire water line within a city easement. In any case, with
the acquisition of the water line by the City, it is now a"public utility"within the designated"public
utility"easement area,but the easement is owned and controlled by the private land owners..
Since the easement in the original grant deeds does not name the City of Huntington Beach as the
recipient of the grant of easement,the City does not have exclusive control over the easement. However,
the easement does imply(by specifying"for public utilities)that the City would have access for
operation and maintenance of any water line they owned for public utility purposes.
GAEng\Righetti\Old Pirate Line Easement
It is our position that no additional easement is needed to allow the City access to the water line.
Additionally, the facility is currently owned by the City and could be abandoned or removed should the
easement be rescinded by the property owners through legal processing.
Should the City still desire to acquire ownership of the full easement, a plat and grant of easement
would have to be prepared for circulation and signature by all of the six property owners involved.
See the attached exhibit for the'location of the water line and the 40-foot wide easement.
If you have any questions,please contact me at 1731.
2
G:Eng\Elliott\Old Pirate Lane Easement
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MARCH 1962 NOTE-ASSESSORS BLOCK & ASSESSOR'S MAP
TRACT NO. 86 M.M. /0-35,36 PARCEL NUMBERS BOOK 146 PAGE 20 C'1
TRACT NO. 9757 M.M. 441-/5,/6 SHOWN IN CIRCLES COUNTY OF ORANGE
PARCEL MAP P.M. 2/-//,254-32
TRACT NO. 10449 M.M. 443-25,26
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SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
1.INTRODUCTION
This settlement agreement is entered into on July 25, 2001 between Richard P. Kelter
("Kelter') and the City Of Huntington Beach(herein,fter"Me.:City")for the purposes of
releasing all claims,causes of action and rights to water line and related improvements located
underneath and along side of Old Pirate Lane,Huntington Beach,California.
Richard P.Kelter constructed a water line and hydrant in or about 1994 for the transfer of
public water to residential property located on Old Pirate Lane. The City now desires to receive
an dedication of all water lines, equipments,fire hydrants,calves and any and all other related
parts thereto which were installed by or under the supervision of Kelter, so that Kelter
relinquishes all rights, and title to said water line,and releases all demands for compensation for
the cost of installation of said line, or any fees earned by the City for any properties connection
thereto.
A dispute has arisen wherein Kelter individually and through counsel has demanded the
City compensate him for the costs of the installation of said line and requested that all fees earned
by the'city for connection to said line from neighboring properties be paid to Kelter. The City has
uot.paid any monies to Kelter for said line and has not paid over any connection fees. The parties
now have agreed to settle said dispute as follows.
2. TERMS OF SETTLEMENT
In exchange for the execution and recording of a Dedication of Water line Equipment for
Public Usage in the form attached hereto as Exhibit"1" by Keller, and the execution of a release
of all claims to said line by Kelter, acid the representations set forth herein,the City agrees to pay
the sum of ten thousand dollars($10,000) to Keller.. Kel ler hereby conveys al I his right, title and
interests into said water line to the City.
3.RELEASE TERMS
In accordance with the parties agreement as set forth herein, and upon receipt of the sum
of$10,000,Keller hereby releases, discharges,waives and dismiss any all claims,rights,titles,
causes of action,demands or suits be has arising out of the purchase,construction and installation
of the water line and equipment,including the fire hydrant located underneath and along side of
Old Pirate Lane,Huntington Beach.California. This release includes a release of all Unknown
claims as set forth in Civil Code §1542.
4. REPRESENTATIONS AND HOLD HARMLESS
Kelter represents and warrants that he has all the rights and title to said water line
equipment, and that on behalf of all his partners and joint ventures,he has authority to convey
said waterline and all related equipment to the City.
5. COOPERATION CLAUSE
Kclter agrees to cooperate in the signing and obtaining of any signatures needed to
complete the intent of the parties herein.
6. COMPLETE AGREEMENT
This is the entire final agreement between the parties and supercedes all other agreements
of any nature,verbal or partially written, in their entirety. Any terms,representations or
warranties not written and expressed herein are superceded. Any changes to this agreement must
be in writing,signed by the parties. .
RICHARD P. KELTER =
Date:
6 AP S TO FORM
ATTORNEY
uaiviiui 1f:14 me 1U4VZ0J1( la auuinrrr,xi t,)5ut,. Wet
Send Recorded Document to:
Mabaffey &Associates
18881 Von Kaman Avenue, Suite 1200
Irvine, California 92612
Parcel No. 146 20158
DEDICATION OF WATER LINE EQUIPMENT FOR PUBLIC USAGE
WHERW, Grantor Richard P.Kelter is the owner of that certain water line equipment including
water pipe,connectors,fire hydrant and all related equipment thereto located in a certain Easement for
tight of way usages for Road and Public Utilities located underneath the street commonly known as Old
Pirate Lane,Huntington Beach,California.
Otantor on behalf of himself and any and all partners,co-owners,and agents desires to dedicate
said water line equipment and all usages of said equipment to the City of Huntington Beach for the use of
the public,
NOW THEREFORE, for valuable consideration receipt of which is hereby acknowledged,
Grantor does hereby irrevocably grant,convey,deed and dedicate all of his and all others right title and
interests in the following described wager line equipment.
The right to excavate for,install,maintain,remove or replace all water pipes,conduits,connectors,
couplings,joints,and fire hydrants,valves and water line equipment of all kinds located widen that
certain easement for road and public utility purposes,
Said right of way is described as follows:
A strip of land 40 feet in width,being a portion of Block 4 of Tract No.86 in the County of Orange,State
of California,as shown on a map recorded in Book 10,pages 35 and 36 of Miscellaneous Maps,records
of said Orange County,the centerline of which is described as follows;
Beginning at it point in the Easterly line of the Southwest quarter of Section 21,Township 5 South,
Range 11 West,S.S.B.&M.,said point being South a degrees,16 feet,36 inches East it distance of
1179.24 feet from the Northeast corner thereof,and going thence South 89 degrees,36 feet 00 inches
West a distance of 322 feet.
Excepting therefrom the Easterly 20 feet thereof.
This Dedication is given in conjunction with that Certain Release of Rights and Claims to the
City of Huntington Beach fnr Richard P.Kelter dated July 25,2001 signed concurrently herewith.
RICHARD P.,KELTER
A• ( ol•,NTA AU PTntr4S r�N4WLDDG;VLENT
State of CA-
County of
on (� before me. 014W-L
personally appeared
personally known to me OR - Q 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,
ANGELA ERICKSON executed the instrument.
COMMISSION#1278510
Notary Pub110-cwitom(a
ORANGE COUNTY WITNESS my hand and official seal
M O Commission Expires
CTOBER25,204
Though the data below is not,required by law, it may prove valuable to persons relying on the
docuynent and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Q INDIVIDUAL
Q CORPORATE OFFICER
TTTLE(S)) nTL.E OR TYPE OF DOCULONT
NUMBER OF PAGES:
0 PARTNER(S) Q LIMITED
GENERAL DATE OF DOCUMENT:
Q ATTORNEY-IN-FACT
Q TRUSTEE(S)
Q GUARDIAN/CONSERVATOR
Q OTfIER:
. i
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTI p-s) SIONER(S)an-ERTHAN NAMED ABOVE