HomeMy WebLinkAboutReimbursement Agreements - Miscellaneous - Assessment Distri OFFICE MEMORANDUM
To ; File No. CC-155 Date : April 23, 1970
From Donald W. Kiser In Re:. Beach boulevard Water
Main - Heil to Edly.-7e;.
The subject project, having been unsuccessfully attempted via
asseszment district processes, was informally bid and awarded to .
• Barron and Eckhart for a total of $52,152.00.
A spread has been prepared to determine the cost per front foot
which each owner or developer will be charged for his share. The
charge will be $15.00 per front foot. We will not collect any water
acreage fees due to the facts that one, had it been via the 111911 Ac.t",
no fees would have been charged, and two, the cost of the lines which
were -considered to be in excess of normal expectations.
The city water funds will be paying for $22,736.50 of the costs
which is felt to be more than an equitable share.
SignedA.�,
Don W. Kiser
Engineering Supervisor
DWK;mp
7 qF Z,3
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RAF - VI -- 43850/312-21 - 12/31/69
THIS INDENTURE-, made this day of ,
1970, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a , .
corporation of the State of Delaware, herein termed "Railroad",
and CITY OF HUNTINGTON BEACH, a municipal corporation of the
State of California, herein termed "Grantee";
;c
WITNESSETH:
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1 . Railroad hereby grants to Grantee, subject to the res-
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!" ervations, covenants and" conditions herein contained', the right
1
to construct, reconstruct, maintain and operate an eight (8)
inch water pipeline within a twenty (20) inch casing, herein-
s
after termed "structure", beneath the tracks and property of
,y
Railroad at or near Wintersburg, in the County of Orange, State
of California, crossing the center line of said track at Engineer
Station 1091+25, Mile Post BAA-520.09, in the location shown on
the print of Railroad's Los Angeles Division Drawing A-7663, Sheet
No. 2, dated November 17, 1969, attached and made a part hereof .
As a part consideration -for the rights herein granted,
Grantee shall pay to Railroad the sum of One Hundred Dollars
/aid structure shall be installed in accordance with the
specifications indicated on the print of Drawing C.S-. 1741, also
attached and made a part hereof.
*
A'
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y IRFFICE MEMORANDUNI
To Date
From In Re
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f�
1
2 . This grant is made subject and subordinate to the prior
and continuing right and obligation of Railroad, its successors
and assigns, to use all the property described herein in the per-
formance of its duty as a common carrier and, for that purpose,
there is reserved unto Railroad, its successors and assigns, the
right (consistent with the rights herein granted) to construct,
reconstruct, maintain and use existing and future railroad tracks,
facilities and appurtenances and existing and future transporta-
tion, communication and pipeline facilities and appurtenances ira,
upon, over, under, across and along said property.
3. This grant is made subject to all licenses, leases, ease-
ments, restrictions, conditions, covenants, encumbrances, liens
and claims of title which may affect said. property, and the word
"grant" , as used herein, shall not be construed as a covenant
against the existence of any thereof .
4. The rights herein granted to Grantee shall lapse and be-
come void if the construction of said structure upon said property
is not commenced within one (1) year from the date first herein
written.
5. Grantee shall bear the entire cost and expense of con-
structing, reconstructing and maintaining said structure upon said
property. Grantee agrees that all work upon or in connection with
a said structure shall be done at such times and in such manner as
not to interfere in any way whatsoever with the operations of Rail-
road. The plans for and the construction or reconstruction of said
structure shall be subject to the approval of Railroad. Grantee
i agrees to give Railroad five (5) days' written notice prior to
commencement of any work of construction or reconstruction.
Okantes agrees to reimburse Railroad for the cost and expense
to Railroad of furnishing any materials or performing any labor in
connection with the construction, reconstruction, maintenance and
removal of said structure, including, but not limited to, the in-
stallation and removal of such falsework and other protection be-
neath or along Railroad's tracks, and the furnishing of such watch-
men, flagmen and inspectors as Railroad deems necessary.
In the event Railroad shall at any time so require, Grantee,
at Grantee's expense, shall reconstruct or alter said structure or
r sake changes in the location thereof upon receipt of written notice
from Railroad so to do.
6. As part consideration, Grantee agrees to pay Railroad an
amount equal to any and all assessments which may be levied by order
of any authorized, lawful body against the property of Railroad
(and which may have been paid by Railroad) to defray any part of the
cost or expense incurred in connection with the construction of said
structure upon said property commenced within one (1) year from the
date first herein written.
7. Grantee, its agents and employees, shall have the privilege
of entry on said property for the purpose of constructing, recon-
structing, maintaining and making necessary repairs to said structure.
Grantee agrees to keep said property and said structures in good and
safe condition, free from waste, so far as affected by Grantee's
operations, to the satisfaction of Railroad. If Grantee fails to
keep said property and said structure in a good and safe condition ,
free from waste, then Railroad may perform the necessary work at the
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%,UUncil Unamver, t LLy rnalJ.
' Hunt'-Zgton Beach, California
Mond,_-, February 2, 1970 -
s __ Mayyor Green -called the regular meeting of the
City Council of the City of Huntington Beach to order at 4:30
o'clock P.M.
Councilmen Present• Bartlett, .McCracken, Kaufman, Matney, Coen, Green,
. .
Councilmen Absent: None
CONSENT CALENDAR (ITEMS APPROVED)
Following the reading by title of Resolutions contained therein, on
motion by Bartlett, and carried. unanimously, the following consent
items were approved and adopted as recommended, by the following roll
call vote:
,Y AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, 'Matney,
:a Coen, Green
NOES: Councilmen: None.
gg� ABSENT: Councilmen: None
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10. AGREEMENT - SOUTHERN PACIFIC RAILROAD - CC-123
Approved an Agreement withSouthern Pacific
Railroad to allow the
-installation of.-an 8�" water main under the railroad tracks at Heil
Avenue - CC-123, and authorized the Mayor and City Clerk to execute
same .
On motion by Shipley the regular meeting of
.!! the City Council of the City of Huntington Beach adjourned.
Motion carried.
Paul C. Jones
City Clerk and ex-officio Clerk
jx of the City Council of the City
ri of Huntington. Beach, California
ATTEST:
N. John -V. V. Green
Paul C . Jones Mayor
City Clerk .
STATE OF CALIFORNIA )
County of Orange ) ss :
City of Huntington Beach )
t I , PAUL C. JONES , the duly elected, qualified and acting City Clerk
of the City of Huntington Beach, California, do hereby certify that
the above and foregoing is a true and correct Statement of Action
of the City Council of said City at their regular
meeting held on the 2nd day of February 19...r�o .
WITNESS my hand and seal of the said City of Huntington Beach this
the 3rd day of February 1970
r�
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY : L� �ic� /mil :✓i yr1 : t� „
Deputy
Forma RAF - VI - 43850/312-21 - 12/31/69
such removal and restoration may be perfor■ed by Railroad, at the
expense of Grantee, which expense Grantee agrees •to pay to Railroad
upon demand.
11. This indenture shall inure to the benefit of and be bind-
ing upon the successors and assigns -of the parties hereto.
. i
IN !WITNESS WHEREOF, the parties hereto have caused these
Presents to be executed. in duplicate as of the day and year first
herein written .
SOUTHERN PACIFIC
TRAM SPORTAT I O'L COITAM CITY OF MXT INGTON BEACHmayor
By By
Attest: y
1ssi6taat Secretary etary C
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1 •
WM. MILES
2143 West 20th Street
Los Angeles, California 90018
November 7, 1966
City of Huntington Beach
Engineering Department
Huntington Beach, California
Attention Mr. H. E. Hartge,
Deputy Director of Public Works
Gentlemens
i The following is in answer to your request of
this date:-
Upon the recent sale of my land at the , south-
east corner of Goldenwest and Edinger in the city of
Huntington Beach, that certain agreement dated April S.
1965, between the City and the undersigned and pertaining
to drainage, was assigned by me to Do le _evelopment Co. ,
Ina., and I agreed that any awards ma a under this agreement
were to be made to the assignee.
Yours very truly,
:L
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' 1 A G R_E E M E N T
2
3 THIS AGREEMENT made this day of J 19650
4 by and between the CITY OF HUNTINGTON BEACH, Ora a County,
5 California, hereinafter called "City", and WILLIAM � and
6 MILDRED W. MILES, husband and wife, hereinafter referred to
7 as "Miles", as the -separate property of William Miles,
8 WITNESSETH:
9
10 WHEREAS* Miles is the owner of that certain real property
11I in the City of Huntington Beach, County of Orange, State of
12 California, fronting on the east side of Goldenwest Street and
13 extending from the center line of Edinger on the north to Heil.
14 Avenue on the south and more particularly described as
'15 The West one-half (Wj) of the Northwest Quarter
(NW*) of Section 23, Township 5 South, Range 11
16 West, San Bernardino Base and Meridian, containing
approximately 80 acres,
17
18 WHEREAS, there exists in the City of Huntington Beach a
19 problem of drainage affecting- all of the land encompassed within
20 the heavy blue lines on _the location map annexed hereto as Exhibit-
21 "A", said land being within the drainage district commonly known
22 as Drainage .Area No. 5 in said City of Huntington Beach; and
23 WHEREAS, the hereinabove described real property owned by
24 Miles is Within that said Drainage Area No. 5; and
25 S, City did, on December 27, 1962, enter into a con-
26 tract with Sydney Sher and Saul Sher, Sydney Sher and Saul Sher
27 Trustees, and She Rutherford Company, hereinafter collectively
28 called Sher and John A. Murdy, Jr. and Norma L. Murdy, husband
29 and wife, as community property, George E. Trotter, Jr. and
30 Maxine M. Trotter, husband and wife, as community property, and
31 Maxine M. Trotter and George$. Trotter and John A. Murdy III,
32 Trustees for Murdy Grandchildren's Trust, owners of a large .
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lI portion of the land in said Drainage Area No. 5, whereby easements
f 2 and rights-of-way were secured by the City and the "first stage"
3 of the storm channels required in said Drainage Area No. 5 were
4 constructed and are now in use and being maintained by City; and
5 WHEREAS, the existing storm drainage channel now constructed
6i is located and runs along the east line of the southerly half of
7 the above described real property owned by Miles and no further
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81 construction is required to adequately serve said real property
9 owned by Miles; and
101 WHEREAS, in order to adequately drain the real property
11 lying northiof the above described Miles property upon which
12 the "aoldenwest College" is to be constructed, it is necessary for
131 City to acquire a parcel of real property owned by Miles 15 feet
14 in width along the northerly portion of the east line of the
'15 Miles property hereinabove described to be used in conjunction
16 with the existing 15 foot right-of-way adjoining the Miles real
17 property on the east, said strip of land having heretofore been
18 deeded to the City by the owner thereof, in order to connect the
19 aoldenwest College property to the existing channel to the south
20 to adequately drain said Qoldenwest College property. Said parcel
21 of land 15 feet in width which City desires to acquire from
22 Miles as hereinabove referred to is described as
23 Parcel .l -.The east 15.00 feet of the northwest one-
quarter (NW*) of the northwest one-quarter (NW*) of
24 Section 23, excepting therefrom the north 30.00 feet,
25 and
26 Parcel 2 - The north 30.00 feet of the east 15.00 feet
of the Southwest one quarter (SW}) of the Northwest
27 one-quarter (NW*) of Section 23,
28 both 9f.-6sid.:parcels being a portion of the said West Half of the
29 Northwest Quarter of Section 23, Township 5 South, Range 11 West,
30 San Bernardino Base and Meridian.
31 WHEREAS, the City has threatened to acquire said last
32 hereinabove described real property by proceedings in eminent
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1 domain and in view of the threatened condemnation of said property
2i by the City of Huntington Beach, and only because of said threats,
3 Miles is permitting the City to acquire said real property for
4 the site of the proposed drainage channel upon the terms and
5 conditions as hereinafter in this Agreement set forth; the trans-
61 fer of said parcel of real property to City to be. used for the
7 � purpose of a drainage channel is a detriment to Miles inasmuch as
81 said drainage channel will cross the real property owned by Miles
91 and first hereinabove described at a location which would normally
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10 � be used for road purposes in the development of said real
11 property and is a detriment to the remaining property owned by
12 Miles as said channel will detract from the aesthetic qualities
131 of said property and the orderly development thereof and if the
14 threat of condemnation through eminent domain proceedings by the
15 City were not present, Miles would not be willing to permit City
16 to Wuire the same for the use thereof as a drainage channel and
17 Mould not enter into this Agreement; and
14 WHEREAS# by the Agreement of December 27, 1962, between
19 City and Sher, Murdy and other parties thereto, and which Agreement
�- 20 is hereinabove referred to, City agreed with said parties as
21 owners of a large proportion of the real property in Drainage
22 Area No. 5 .that each owner of .real -property who was a party to
25 said Agreement should receive compensation for said real property
24 deeded to said City thereunder at the rate of $15,000.00 per acre
25 for each and every acre deeded to City for said drainage purposes;
26 that said price per acre was the reasonable market value of said
27 property subject to said Agreement at the date of said Agreement;
28 and
29 WHRRBAS, the value of the real property in and about said
30 Drainage Area No. 5 is now approximately forty to forty-five thousiazo
�1 31 dollars per acre; and
32 CGS, City has requested Miles to accept as compensation
1
1 for said parcel of real property to be acquired by City under
I
2 � this Agreement the sum of $15,000.00 on r Me a Same terms and con-
3 ditions as is set forth in said Agreement of December 27, 1962 in
4 order that said Drainage Area No. 5 would be subject to the same
5I Agreement and all property owners would receive the same con-
6i sideration for their property and have the same limitation on
7 future drainage costs at not to exceed $600.00 per acre of the
8 net land owned by each of them within said District; and
9 WHEREAS, City has advised Miles that it does not have ade-
l0i! quate funds available for cash payment to him for the acquisition
11 of said parcel of land and has requested Miles to accept a credit
12 , toward "drainage fees" in 'lieu of cash upon the same basis and
13 upon the same terms as said December 27, 1962 Agreement and will,
14 in addition to giving Miles credit toward "drainage fees" in lieu
15 of cash, remove and transport any dirt excavated from said Miles'
16 parcel of real property included in the. proposed channel and de-
17 posit the same on the southeast portion of the Miles real property
18 first hereinabove described at such locations as he directs and
19 without cost to Miles.
20 NOW, TORE, for good and valuable consideration and
21 in consideration of the covenants and agreements herein contained,
22 the parties- hereto agree as follows:
23 1. The City has heretofore established a drainage district
24 known as Drainage Area No. 5 and agrees to construct and maintain
25 storm channels in accordance with the plans for construction
26 annexed to the December 27, 1962 Agreement and in accordance with
27 the plans for construction annexed hereto and made a part hereof.
28 The aforesaid storm channel and complex thereof is to be
29 constructed by or for the City as diligently and promptly as the
30 circumstances permit when funds are available from the assessments
31 received as hereinafter provided from property owners within the
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32 said drainage -district known as Drainage Area No. 5 and additional
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1 lands.
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l 2 2. Miles agrees simultaneously with the execution hereof
3 to deliver to the City a satisfactory conveyance as requested
+ 4 by City of the following described property, said property being
5 a portion of the approximate 80 acres of real property owned by
6 Miles which is in Drainage Area No. 5, to-wit:
7 Those portions of the West One-half (Wj) of the North-
west one-quarter (NW-k) of Section 230 Township 5
8 South, Range 11 West, San Bernardino Base and Meridian,
Orange County, California, being more particularly described
9 as follows:
loll Parcel 1 - The east 15.00 feet of the northwest one-
quarter (NW}) of the Northwest one-quarter (NWj)
11 of said section 23, excepting therefrom the north
30.00 feet
12
and
13
Parcel 2 - The north 30.00 feet of the east 15.00
14 feet of the southwest one uarter (SWJ) of the
�15 northwest one quarter (NW*l of said Section 23,
16
17 for the construction of the storm channels. The City acknowledges
18 receipt of said conveyance and that it is satisfactory. Said
19 real property hereby conveyed by Miles to the City comprises an
20 area of .45 acres which has a value of approximately forty to
21 forty-five thousand dollars, but which is being conveyed by .Miles
22 herein at an agreed valuation of $15,000.00 per acre. In payment
23 for the real property conveyed to said City under this Agreement
24 Miles shall be entitled to receive the sum of $6,750.00 from the
25 City on the following terms and conditions:
26 (a) Miles shall be given- a credit against fubube drainage
27 assessments amounting to $6,750.00 as said assessments are levied
not exceedinx
28 at lw rate oV fow,00 per acre on the real property of Miles
29 lying within and without said Drainage Area No. 5 which may from
30 time to time be assessed.
31 All the real property owned by Miles which is now or. may
32 hereafter be a part of .the drainage district known as Drainage
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• . .. •- _. - _ .�_�.- _. ..:* - -. ...:..a�:'s' `''� Z��rs►. -_.+-ems t - : - -'
total
1 Area No. 5 shall not be subject to a/drainage assessment greater
2 than $600.00 per acre in any event notwithstanding the applicable
► 3 rates from time to time imposed by the City, drainage district,
4 Drainage Area No. 5, or any other governmental agency. It is the
5 intent of this Agreement between the parties hereto that no
61 assessment shall ever be levied against the land owned by Miles
f.
71 which is now in or hereafter may become a part of the said drain-
.
8i; age district and Drainage Area No. 5 greater than $600.00 per acre
,.: 91 and this is part of the consideration for the conveyance of the
10 real property from Niles to the City under the terms of this Agree-
11! ment and an inducement therefor.
12 3. The City agrees that regardless of the cost of the
13 storm channels or any otherclraina� costs that in the event that
14 the assessment of $600.00 per acre is insufficient, no other
15 assessment will be made against Miles on his land. It is further
16 understood and agreed that in the event that the total cost of
17 the storm channels equally divided on an acreage basis between
18 the property owners in the drainage district and Drainage Area: ,?..A
19 No. 5 and additional land, results in an assessment cost less than
20 $600.00 per acre, the City will refund to Niles the difference be-
21 tween said cost and the $600.00 per acre maximum assessment. based
22 on the number of acres subject to the assessment. The time for
23 permitting additional land to connect into the storm channels
24 shall expire ten years from December 27, 1962 at which time a final
25 , accounting shall be made to the parties to this Agreement and the
26 December 27, 1962 Agreement of all funds collected and all costs
27 incurred in connection with said storm channels and the drainage
28 district and Drainage Area No. 5 and in the event any balance be
29 due Miles as provided in the preceding paragraph, said rebate shall
30 be paid at this time. The City agrees to render Miles accountings '
31 during said period upon request in writing. Niles and his land
32 shall be permitted access to the storm channels for drainage pur-
poses upon satisfying the assessments.
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i i 4. The City agrees that no property owner within the
2 �1 drainage district and Drainage Area No. 5 or additional land shall
1
3 be permitted to drain into the storm channels unless an assessment
4 of $600.00 per acre shall have been paid to the City to be applied
5 to the cost -of paying for the drainage district or Drainage Area
6 � No. 5 as herein provided.
7 5. The City agrees to complete the storm channels beyond
81 the first stage as promptly as funds become available therefor
I
91 from the collection of assessments and to fence same with appropri-
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10 ate chain link fencing.
111 6. In the event. suit is brought by any of 'the parties '
12 �I hereto to enforce the terms and provisions of this agreement or
1311 on any bond given to secure the performance hereof, a reasonable
14 attorneys fee to be fixed by the Court shall be paid to the
'15 party, providing that party prevails.
16 7. Access over Miles' property for the purpose of con-
17 struction shall be subject to the consent of Miles in writing,
18 which consent shall not be unreasonably withheld, and Miles does
19 hereby consent to access to the land where construction of the
20 storm channels is .to take place in accordance with map on file with
21 City Engineer .of Huntington Beach. These routes of travel shall
22 cease upon the completion of the unlined storm channels and in no
23 event extend beyond September 15, 1965. That City shall pay for
24 all damage or lose to growing crops on the land within and outside
25 of Drainage Area No. 5 utilized under this paragraph and which may
26 be required to transport and dump the dirt excavated from the drain
27 age channel and deposited on the land of Miles under paragraph 8
28 of this Agreement.
29 8. As part of the consideration for the conveyance from
30 Miles to City of the real property hereinabove described to be
31 conveyed hereunder, City agrees to remove and transport all dirt
32 excavated from said p g� ril n said ditch and channel construction
and deposit the same on a southeast portion of the approximate
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l 80 acres of land first hereinabove described owned by Miles at
2 such locations as Miles directs, all of said dirt, the excavation,
! 3 delivery and deposit thereof to be without cost to Miles.
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5 CITY OF HUNTINGTON BEACH
6 a Municipal Corporation
7 .
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Date Mayor
8
9
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11 ultY William ,,$. Miles
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13 L , re e a
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APp CITY COUNCIL ,
VA Y 2 1966
............_.........__._.._._19.... C/ry
,1 A REEMENT ER
fCi
CITY CLERK 6
THIS AGREEMENT entered into this day of
,
196ye, by and between CITY OF WESTMINSTER, a municipal corporation,
.hereinafter referred to as WESTMINSTER, and CITY OF HUNTINGTON
BEACH, a municipal corporation, hereinafter referred to as
HUNTINGTON BEACH,
WHEREAS, Westminster is a municipal corporation in the State
of California; and
Huntington Beach is a municipal corporation in the State of
California; and
The cities enjoy a common boundary in certain areas; and
The cities have common problems which can best be solved by
mutual cooperation; and
One of the problems now existing and which demands immediate
attention is the drainage atea in the two cities and the County of
Orange which . is bounded by what is commonly known as Bolsa Avenue
on the north, Beach Boulevard on the east, Heil Avenue on the south
3
and the Southern Pacific Railroad spur on the west; and
-{ The cities hereto have made an extensive study concerning
all aspects of drainage within their respective areas; and
Due to the contour of the area, the runoff from the area
f. within the City of Westminster and the County of Orange runs souther-
E
ly in the area within the City of Huntington Beach.; and
Huntington Beach will provide the drainage facilities from
the Southern Pacific Railroad spur westerly at its sole expense; and
The cost to Huntington Beach is approximately Eighty-two
Thousand and no/100ths- Dollars ($82, 000.00) to provide drainage
facilities northerly of the Southern Pacific Railroad spur crossing
to serve Huntington Beach area only and
The additional cost to provide drainage facilities northerly
of the Southern Pacific Railroad crossing to serve the area which
lies within the City of Westminster and. the County of Orange is
approximately Twenty-five Thousand and no/100ths Dollars ($25, 000.00) ;
and
One-fifth of the Westminster-County of Orange portion of the
total area to benefit from the construction of said facilities is
within the city limits of -the City of Westminster; and
Drainage facilities for the total area referred to will bene-
fit. the taxpayers and users of said area; and
The use of said drainage facility will benefit the area within
Westminster by approximately Five Thousand. and no/100ths Dollars
($5000.00) .
NOW, THEREFORE, in consideration of the mutual covenants,
conditions and promises herein contained, it is agreed:
1. That Huntington Beach will permit the using of the drain-
age facilities within the designated area described as "C5-SC2"
by the City of Westminster.
2. Huntington Beach will maintain said facilities in such
manner as to provide for the drainage in the area bounded by what
is commonly known as Bolsa Avenue on the north, Beach Boulevard
on the east, Heil Avenue on the south and the Southern Pacific
Railroad spur on the west.
3. In consideration for the maintenance of these facilities
by Huntington - Beach, and the use of said facilities by the City
of Westminster, the City of Westminster agrees to pay to the City
of Huntington Beach the sum of Five Thousand and no/100ths Dollars .
($5000.00) within sixty (60) days of the date hereof. Payment of
the foregoing amount by Westminster to Huntington Beach shall
constitute payment in full of Westminster' s fee for the use of
drainage facilities to serve the whole area referred to whether
said area is now within the boundaries of the City of Westminster
or which may become a part of said city through annexation.
4. The respective cities, through. their Public Works Depart-
ments, will coordinate and cooperate in carrying out said agree-
ment.
2.
5. This agreement is conditioned upon the acceptance by the
cities and the signing thereof by appropriate officers therefor
P
and upon the date of said signing, this agreement shall be in full
force and effect.
6. This agreement is severable and if any part thereof is
felt to be unconstitutional by the courts of this state, it will
not affect other portions thereof.
CITY OF WESTMINSTER
C
By
ayor
ATTEST:
City Clerk
A ROVED AS TO FORM:
C EM
City Attorney
CITY OF HUNTINGTON BEACH
1
By 4� ,!
Mayor
ATTEST:
Cit lerk
AP AS T O
City Attorney
3.
oR � i UHT [ 91HU
2701 FAIRVIEW ROAD
COSTA MESA. CALIFORNIA
KIFIG[RLY 5-II51
L
Jaswary 14, 1964
Mr. H. 9. Hartge, Deputy Director
of Public Works .
City of suntington beach
P. O. Box 190
Huntington beach, California
Deer 1&. Hartge:
Canfiraing our telephone conversation, enclosed you will find the original
and first duplicate signed copies of Assessment District No,Zyi/, City of
Huntington beach. The board of Trustees appreciates the opportunity of processing
this developmnt through an assessment district.
in order that we may have the greatest return on the cost of the develop-
want of the storm drain, we would very much appreciate the City of Huntington
Beach working with our architect, Mr. James Sink, insofar as .the laying out of
the route of the storm drain so that the drainage from the college campus may
be piped into the underground line. Mr. Sink is tieing sent a copy of this
letter alerting him to the fact that it is his responsibility to contact you
regarding the final layout.
lire calendar. of development for the Golden Wet campus calls for the facility
to be co"leted by June of 1966, work to start March of 1965. This program might
be moved to an earlier date by two to three months depending upon types of con-
struction anticipated and other problems of construction.
There is currently an agricultural lease for the year of 1964 outtha property,
however, we would not want the lease to prevent the City of Huntington Beach
from going forward with the development of the assessment district.
Very eordi , ,
Gf i iamm To Kime
Assistant Superintendent
in Charge of Business
WFK:m
enclosures
cc: Mr. Janes Sink, Associated Architects
Urbanus Square, Corona del tsar, Calif.
S E R V I N G T H E C O M M U N I T Y S I N C E 1 9 4 7
1 2 2.2 7 x,
6 =
733.62 T
29.() 4 4.0 0 +
3 3.3 1 2.4 0 +
3 3.09 8.6 1 +
3.300.0 0 +
900.0 0 +
3.000.0 0 +
9 0 0-0 0 +
3.200.0 0 +
4.224.0 0 +
11 0.97 9.0 1 .5
- 73.362.00 -
3 7 .6 1 7.0 1 T
OFFICE MEMO.RANU JM
To File Date March 2, 1970'
F
From Sr. Civil Engineering Assistant, In Re Golden West College
Fees and Construction
Prior to construction of this college Bill Hartge and their people
discussed drainage construction and fees, The City had apparently
planned for an open channel thru the middle of this one quarter section
from Edinger to McFadden, thence to Golden West.
Value of right _of way 3300' x 35' wide
at $15,000/acre= $ 40,000.00
Construction cost @ $10.00/ft.x 33001= 33,000.00
Total= $ 73,000.00
The college wanted closed conduit across the campus which was
estimated then at $108,000.00. C To go to Golden West and McFadden-
2700' 72" + @ $40.00.�
Actual cost for major storm drain construction per final payment
Assessment District 6401:
1096' 63" R.C.P. 800D @ $26.50= $ 29,044.00
1054' 69" R.C.P. 800D @ $31.60= 33,312.40
1012' 75" R.C.P. 800D @ $32.70= 33,098.61
100' 75" R.C.P. 1000D @ $33.00= 3,300.00
1 each S.D. manhole @ $900.00= i 900.00
1 each trans. structure @ $3,000.00= 3,000.00
1 each J.C. structure @ $900.00= 900.00
4 each C.B. structure @ $800.00= 3,200.00
1320' earth channel @ $3.20= 4, 224.00
Total $110,979-01
i
Drainage Fees: 122.27 acres @-$600.00/ac.= $ 73,362.00
This is approximately equal to cost (estimated above) of open
channel. Therefore, no fees should be collected and the additional
cost of pipe to be born by the college because they preferred that
type of construction. i
�G
Ted Mullen
Sr. Civil Engineering Assistant
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1 JOINT POWERS AGRET=,A%it•,'Nf.r
2 THIS AGREEMENT, entered into this f --day of Q ,
.3 1969, by and between the MIDWAY CITY SAM.7"AR_Y DISTRIC , of Orange
41 County, California, hereinafter referred to as "District, " and the CITY OF
5 HUNTINGTON BEACH, hereinafter referred to as "City, "
6
WI TNESSETH :
71
II 8 WHEREAS, District owns and maintains certain sewerage facilities
I
9 in McFadden Avenue adjacent to the Goldenwest College; and
10 WHEREAS, there is capacity in said facilities in excess of that
11 necessary for the proper disposal of sewage effluent collected by District;
12 and
13 WHEREAS, City desires to utilize a portion of said capacity for
14 I the purpose of disposing of sewage effluent generated in two small. mainten-
15 ance buildings on the Goldenwest College campus located near said
16 McFadden Avenue;
17 NOW, THEREFORE, in consideration of the foregoing and the
18 mutual terms, conditions and covenants contained herein, the parties, tinder
19 the authority granted to them by law, including the provisions of Article 1,
20 Chapter 5, Division 7, of Title 1, of the Government Code of the State of
21 California, do hereby agree 'as follows:
22 1. Midway agrees to and does hereby authorize City to connect sai
23 maintenance buildings with the aforesaid sewer main so as to discharge
24 sewage effluent generated within said buildings for such time as this agree-
25 ment shall remain in force and effect.
26 2. Upon the execution of this agreement, City shall pay to
27 District the sum of Two Hundred Dollars ($200. 00).
28 3. District shall remain the sole owner of said sewerage facilities
I� I
29 and shall be solely responsible for the maintenance of the same.
30 I 4. This agreement shall remain -in effect until June 30, 1979,
31 after which date the parties may agree to extend the terms hereof upon
32 I such terms as may then be equitable. and practical.
Y q
LAW OFFICES OF ,
RIMEL,HARVEY&
FIELSING
FOURTH FLOOR
1010 NORTH MAIN ST. -1-
SANYA ANA.
CALIFORNIA 92701
�I 1
II I
1 IN WITNESS WHEREOF, the parties have caused this agreement j
2 I to be executed by their respective officers first duly authorized as of the
3 I date first hereinabove mentioned.
4 MIDWAY CITY SANITARY DISTRICT
ATTEST: By
6 � Pres7—t
t
7
Secretary "DISTR'ICT"-
___ 8
9
101, CITY OF HUNTINGTON BEACH
1 �l
I1H ATTr•.s•r: By ,
�j Mayor
121
131
ity
14 APPROVED AS TO FORMA
15�1
----......
16 I DON P. BONF
City Attorne
17
18
19
'20
21
.22
23
24
25
26 I.
27
28
29
30�i
31
32
LAW OFFICES OF
RIMEL.HARVEY&
HELS(NG
FOURTH FLOOR -
1010 NORTH MAIN ST. -2-
SANTA ANA. - I
CALIFORNIA 92701
4V. <
a STATEMENT OF THE ACTION OF CITY COUNCIL
Coun ,hamber, City Hall
Hunti«gLon Beach, California
Monday, June 16 , 1969_
Mayor Green called the regular meeting of the
City Council of the City of Huntington Beach to order at 4: 30
o'clock P.M.
Councilmen Present: Shipley, Bartlett, McCracken , Kaufman, Matney, Coen,
Councilmen Absent: None
Green
JOINT. POWERS AGREEMENT - MIDWAY CITY SANITARY DIST & CITY
The Director of Public Works requested that Council approve a Joint
Powers Agreement between the Midway City Sanitary District and the
city to allow the Golden West College to connect to a sewer line in
McFadden Avenue which is owned by the Midway- City Sanitary District.
He further requested that Council adopt Resolution No. 3014, authoriz-
ing the transfer of $200.00 from the Sewer Fund to the Midway City
Sanitary District for payment as per the agreement, with the City
to be reimbursed by the Orange Coast Junior College School District.
On motion by Bartlett, Council approved the Joint Powers Agreement
between the City and the Midway City Sanitation District for said
project, and directed the Mayor and City Clerk to execute the agree-
ment on behalf of the City. Motion carried.
RESOLUTION NO 3014 - SEWER FUND TRANSFER - ADOPTED
The Clerk read Resolution No. 3014. by title - "A RESOLUTION OF THE
CITY COUNCIL OF .THE CITY OF HUNTINGTON BEACH AUTHORIZING THE TRANSFER
OF MONEY FROM THE SEWER FUND. "
On motion by Kaufman, Council waived further reading of Resolution
No. 3014, and passed and -adopted same by the following roll call vote :
AXES : Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney,
Coen, Green
NOES: Councilmen: None
ABSENT: Councilmen: None
�r�k�k�r�k�k�k�+Fk�nk�k�lc�r�r�lt�k�r�lr�k*�rnk�k�k�Irt�Ic�k�k�k�k�r*�rkk�k�k�k�r*,k9r�nk '
On motion by 'McCracken the regular meeting of
the City Council of the City of Huntington Beach adjourned.
Motion carried.
Paul C . Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington .Beach, California
ATTEST:
N. John V. V. Green
Paul C. Jones Mayor
City Clerk
STATE OF CALIFORNIA )
County of Orange ) 'as :
City of Huntington Beach )
r
I . PAUL C. JONES ; the duly elected, qualified and acting City Clerk
t of the City of Huntington Beach, California, do hereby certify- that
'i the above and foregoing is a true and correct Statomnt t>f Action
{ of the City Council of said City at their._ ,regulor
meeting held 'on the_l6th day of June l ��.
WITNESS my hand and seal of the said City of. Htington Beach this
h the 1_ 7th day of June 1969
City Clerk gn XwoffJcJa i ierk
'r of. -the City Ccunoil of the City
e of, Huntington Beach,. ACAlifornia
"OFFICE MEMORANDUM
To File Date March 2, 1970
From Sr. Civil Engineering Assistant In Re Golden West College
Fees and Construction
Prior to construction of this college Bill Hartge and their people
discussed drainage construction and fees. The City had apparently
planned for an open channel thru the middle of this one quarter section
.from Edinger to McFadden, thence to Golden West.
Value of-right of way 3300' x 35' wide
at $15,000/acre= - $ 40,000.00
Construction cost @ $10.00/ft.x 33001= 33,000.00
Total= $ 73,000.00
The college wanted closed conduit across the campus which was
estimated then at $108,000.00. �To go to Golden West and McFadden-
2700' 72" + @ $40.00 l
Actual cost for major storm drain construction per final payment
Assessment District 6401: .
1096' 63" R.C.P. 800D @ $26.50= $ 29,044.00
1054' 69" R.C.P. 800D @ $31.60= 33,312.40
1012' 75" R.C.P. 800D @ $32.70= 33,098.61
100' 75" R.C.P. 1000D @ $33.00= 3,300.00
1 each S.D. manhole @ $900.00= 900.00
1 each trans. structure @ $3,000.00= 3,000.00
1 each J.C. structure @ $900.00= 900.00
4 each C.B. structure @ $800.00= 3,200.00
1320' earth channel @ $3.20= 4,224.00
Total $110,979.01
Drainage Fees: 122.27 acres @ $600.00/ac.= $ 73,362.00
This is approximately equal to cost (estimated above) of open
channel. Therefore, no fees should be collected and the additional
cost of pipe to be born_by the college because they preferred that:
type of construction.
Ted Mu lem-
Sr. Civil Engineering Assistant
TM:nt
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�NtIN6Tq,W
d
CITY OF HUNTINGTON BEACH l'
co "' ENGINEERING DEPARTMENT
0- 9P'`�O� Huntington Beach, California
Cap cpti January 17, 19614
1
Honorable Mayor
and City Council
City of Huntington Beach
Huntington Beach, California
Subject: Golden Jest Campus,
Oran<-e Coast Junior College
District Postponement of
Sewer °. ',later Fees
Gentlemen:
Attached is a letter from Mr. Basil II. P-t rson president of
Orange Coast College requestinc postponement of payment of sevier
and water fees for the development of tn= ;olden iest Campus.
As a separate item on the a-enda is a petit ion siF'ned by the
President and Clerk of the Board of Trastees requPstin,; initiation
of proceedings of a 1911 Act for improvements around the Campus
of Edinger and kcFadden Avenues and Golden rest and .rothard Streets
and for the construction of drainage. facilities. `!':Fie terms of the
payments applicable to this portion of the 1911 Act will be for a
period of fiv_e_years. '!'he request of postponement is intended to
i enable the school district to make the payment of sewer and water
fees after the completion of payments of the assessment district.
If your Honorable Body approves of the postponement it is suggested
that the Orange County Junior College School District be requested
to make the payment of the subject fees .Vithin one year after the
final payment of the assessment district installment. It is further
pointed out that other school districts cons"nactins- schools within
Huntington Beach have been allowed a reduction to 90'V of the sever
and water fees. i
Very truly yours,
apes R. Phee er
Director of Public Works
JEW:HEH:cn
Att.
+i,• zf ice.
HAW COAST [ 011M
2701 FAIRVIEW ROAD
COSTA MESA. CALIFORNIA
KIMEERLY 5-1151
ar.a(iY 114, 1951!
Mr. James R. ' heeler
Director of Public Works
City of Huntington Beach Attn: ';r. H. .. Ha„tge, Den. Dir.
Engineering Department Pe: Colder: West Ccllesze Campus
Huntington Beach, California imDrovement i:ssessment Dist.
Dear MIr. Wheeler:
Enclosed herewith are two copies of a signed petition 1.y our Boarc of
Trustees requesting the establishment of an Imnrovement Assessment District
under the provisions of the 1911 Act to pay ar;�rc•:�palely $�1►n,n9D,90 over
a period of five years for the development of strFets anc for our
Golden West College Campus.
As a result of the action of our Board of Trustees, a request is hereby
submitted to the Council of the City of Hunting:ton Beach tc nostr_one pav-
ment of fees covering the connection of sewer anr, water unt51 Final payment
has been made on the above proposed Improvement •Sssessment Distric- .
Upon approval of the petition for establishing this Improvement t.sse3sment
District it will be necessary for ,you to work with the enc.ineers of our
architectural firm, William L. Pereira and Associates, Uranus Square,
Corona del Mar, in the location of the proposed drainage line.
It will also be necessary for our Board and the :ity of Huntington Beach
to enter into negotiations regarding the alignment and dedication of
.: property for the establishment of Gothard Street along the east boundary
of our campus.
i
} Sincerely you ,
WSR. Pet�erT�n ��
j_: i P R E S I D E N T
"-Y BHP - th
cc: Mr. James Sink, architect
Mr. Wm. Kimes, O.C.C.
- encls.
E &V i N G T k E COMMUNITY S I N C E 1 9 4 7
L_
l�
1 -
2 .rn/
3 ASSESSMENT DISTRICT NO.
4 TO: THE HONORABLE CITY COUNCIL, CITY OF HUNTINGTON BEACH, CALIFORNIA:
5 We, the undersigned, being owners of the real property
6 bordered by Edinger and McFadden Avenues and Golden West and Gothard
7 Streets , all within the City of Huntington Beach, California , do
8 hereby respectfully petition your honorable body to initiate proceed-
9 ings under the Improvement Act of 1911 , Division 7 of the Streets
10 and Highways Code of the State of California for the construction
11 and installation of concrete curbs , gutters, cross-gutters , and
12 sidewalks , sanitary sewer lines , plant mixed asphaltic concrete pave--
13 meat on adequate base course , decomposed granite sub-base , concrete
14 alley and driveway approaches , an ornamental electric lighting system
15 domestic water system, street signs, street trees , appurtenances and
16 appurtenant work in and along:
17 1 . Golden West Street and Gothard Street from
their intersections with the center lines of
18 Edinger Avenue to their intersections with the
19 center 'Line of McFadden Avenue;
2. McFadden and Edinger Avenues from their
20 intersections with the center lines of Golden
21 West Street to their intersections with the
center line of Gothard Street.
22 We further petition your honorable body to initiate proceed
23. ings under said Improvement Act of lill for the construction of a
24 storm drain along the Westerly line of the Southerly 1/2 of the
25 Southwest 1/4 of Section 14, Township 5 S Range 11 lY SBB&M,
26 from the intersection of said Westerly line with the center line of
27 Edinger Avenue to its intersection with the center line of McFadden
28 Avenue.
29 We do hereby expressly waive investigation proceedings
30 required under the Special Assessment Investigation, Limitation
31 and Majority Protest Act of 1931 , Sections 2800 to 3012 , inclusive,
32 of the Streets and Highways Code of the State of California .
-1-
VON N A
1 We further request and petition your honorable body to
2 acquire by gift , purchase or condemnation, if necessary, any
3 additional right of way required by said City of Huntington Beach
4 in this improvement , and to assess the cost of the acquisition
5 thereof, if any, together with the incidental costs of said acquisi-
6 tion, as a portion of the incidental costs and expenses of this
7 improvement district.
8 ORANGE COAST JUNIOR COLLEGE DISTRICT
9
10 By �/ / '�' «_
Free }_- us tees
11
12 By
Act ng Clark,-Board of -Trustees
13 -
14
15 State of California)
) sa.
16 County of Orange )
17 On this 13th day of January , in the year 1964 , before me
18 Marian Perrin, Notary Public personally appeared W. M. Longmoor
19 and Worth Keene , known to we to be President
20 and Acting Clerk of the Board of Trustees of Orange Coast Junior
21 College District , and known to ae to be the persons who executed the
22 within instrument on behalf of said public corporation, agency or political sub-
23 division, and acknowledged to me that such Orange Coast Junior College District
24 executed the same.
J
25
NRtAiry Public in and for said
261. ' '�, County and State
MAR?AN P RRIN
r, s ti.. s. 1 cas
2.9` 4
30
31
32
-2-