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HomeMy WebLinkAboutCC Res 7253 2022-02-14RESOLUTION 7253 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT WITH TERRA FUNDING — BIXBY RANCH, LLC AND PCPI BIXBY, LP WHEREAS, TERRA FUNDING — BIXBY RANCH, LLC ("Land Owner") is the owner of the real property located in City of Seal Beach, County of Orange, State of California (the "Land"), which real property is more particularly described on Exhibit A; and, WHEREAS, PCPI BIXBY, LP ("Improvements Owner") is the ground lessee of the Land, and the owner of all of the improvements located on the Land (the "Improvements," and, together with the Land, the "Property"); and, WHEREAS, the City of Seal Beach ("City") is the owner of the public right of way known as Old Ranch Parkway located in the City of Seal Beach, County of Orange, State of California ("Parcel 6"), which real property is more particularly described on Fxhibit 8; and, WHEREAS, the Property is located on both sides of Parcel 6, and certain of Owner's Improvements in the form of utility lines and associated pipes and conduit (the "Facilities") currently cross Parcel 6, from one portion of the Property to another under various permits and grants; and, WHEREAS, City now desires to grant a non-exclusive easement across Parcel 6 to Owners for the Facilities where located as of the date of this grant of easement, and the parties desire to provide for the location, use, and maintenance of the Facilities thereafter. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Easement Agreement with TERRA FUNDING — BIXBY RANCH, LLC, AND PCPI BIXBY, LP. Section 2. The City Council hereby authorizes the City Manager to execute the Easement Agreement. Section 3. The City Clerk is hereby directed to record the Easement Agreement with the Orange County Clerk -Recorder. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of February, 2022 by the following vote: AYES: Council Members Kalmick. Moore _ Sustarsic Vari apa, Massa-Lavitt NOES Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Amick, Mayor D. Harper, City Clerk Z� STATE OF CALIFORNIA COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7253 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of February, 2022. loria D" Horper, City Clerk