HomeMy WebLinkAboutCC AG PKT 2008-02-11 #Y
AGENDA STAFF REPORT
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DATE: February 11, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: ACCEPTING EASEMENT DEED FOR WATER LINE ON
ORANGE COUNTY FLOOD CONTROL DISTRICT
PROPERTY AND AUTHORIZING DESIGN AND
CONSTRUCTION OF A REPLACEMENT WATER LINE
SUMMARY OF REQUEST:
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City Council is asked to adopt attached Resolution No,_ accepting an
easement deed from the Orange County Flood Control District (OCFCD) for
access and construction of a water line, authorize staff to begin design of the
replacement water line, and authorize a budget appropriation of $500,000 for
construction of the replacement water line.
BACKGROUND:
The City of Seal Beach has an existing 18-inch water main which is located on
an existing easement along the north-western boundary of the Los Alamitos
Retarding Basin on OCFCD property. The 18-inch water main serves as a
redundant connection for the City's water system for prevention of a possible
single-point failure in our water system and also plays a significant role in
maintaining fire-flow for the Old Town area,
There is an existing, county-owned storm drain pump station which pumps storm
water out of the Los Alamitos Retarding basin and discharges it into the San
Gabriel River. OCFCD is currently replacing the existing pump station with an
upgraded facility that will be able to handle double the capacity, Because of the
immense size and location of the new pump station, our existing 18-inch water
main will have to be relocated, Per the existing easement agreement, the City of
Seal Beach is obligated to abandon and relocate the existing line upon
notification from OCFCD.
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In anticipation of the future water line impact, staff has diligently coordinated with
OCFCD and has negotiated the subject easement required to build a
replacement water line to re-establish the redundancy for our water system,
OCFCD has executed the attached easement deed and has forwarded it to the
City for acceptance, Additionally, staff requests authorization to design and
Agenda Item Y
advertise for construction the replacement water line which has a construction
cost estimated at $500,000.
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FINANCIAL IMPACT:
The replacement water line will be designed by in-house staff; however $500,000
will be required to construct the replacement water line. Funding in the amount
of $500,000 is available in the Water Enterprise Funds account.
RECOMMENDATION:
It is recommended that the City Council:
1, Adopt Resolution No._ accepting an easement deed from the
Orange County Flood Control District (OCFCD) for access and
construction of a water line;
2. Authorize staff to begin design of the replacement water line, and;
3. ,Authorize a budget appropriation of ~500,OOO for construction of the
replacement water line.
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David Carmany, City Manager
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NOTED AND APPROVED:
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Attachments:
A. proposed Resolution No. Acceptance of Easement Deed
B, Easement Deed to the City of Seal Beach
C, Exhibit Sketch
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P:\042 Enaineerina, CIP and Genel1ll Admin Files\042 Council Reoorts and Rezo\Oll2 CouncR Memos 200812008-02.11
CM AP Acceol Ea._an! Deed from the Ol1lnaa Counlv Flood Control District for Waterline ,doc
RESOLUTION NUMBER
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA ACCEPTING AN EASEMENT DEED FOR
A NON-EXCLUSIVE 3D-FOOT WIDE ACCESS AND WATER LINE
ALONG, ACROSS, AND THROUGH THE ORANGE COUNTY
FLOOD CONTROL DISTRICT PROPERTY
WHEREAS, the proposed easement deed will allow for the construction of a
water line to re-establish the redundancy In the City of Seal Beach water
distribution system; and
WHEREAS, the Orange County Flood Control District has executed the attached
easement deed and has torwarded It to the City for acceptance; and
WHEREAS the City Engineer recommends that the City Council of the City of
Seal Beach accept from the Orange County Flood Control District the Basement
deed for the aforementioned non-exclusive 30-foot wide access and water line
easement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council of the City of Seal Beach hereby accepts the
aforementioned easement deed; and
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Section 2, The City Council of the City of Seal Beach authorizes the City Clerk of
the City of Seal Beach to have the aforementioned grant deed duly and properly
recorded In the official records of the office of the Recorder of the County of
Orange,
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 11th day of FebruaIV , 2008 by
the following vote:
AYES: Councilmember
NOES: Councilmember
ABSENT: Councilmember
ABSTAIN: Councilmember
Mayor
ATTEST:
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City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, Calijomla, do hereby certify
that the foregoing resolution is the original copy of Resolution Number
on file In the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach at a regular meeting held on the 11th day
of FebruaIV , 2008,
City Clerk
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RECORDED AT REQUEST OF
AND WHEN RECORDED MAIL TO:
County of Orange
Resources & Development Management Department
Real Estate Services
300 North Flower
Santa Ana, California 92703
ATTN: E, Scott Bums
SPACE ABOVE llilS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $ 0
_Computed on the consideration or value of property
conveyed; OR
_Computed on the consideration or value less liens or
encumbrances remaining at time of sale.
.lL Exempt per Revenue & Taxation Code Section 11922
(acquired by exempt agency)
_Exempt per Revenue & Taxation Codljl See,
19111 (a)(value does not exceed $100)
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By
AP, NO 095-010-36
_ Unincorporated Area
.lL Incorporated, City of Seal Beach
Project/Parcel No: C01-150
Project: Los Alamitos Pump Station
EASEMENT DEED AND AGREEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as "DISTRICT,"
does hereby GRANT to
the CITY OF SEAL BEACH
a municipal corporation,
hereinafter referred to as "CITY,"
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a non-exclusive 30 foot wide access and water line easement ("Easement Area") for access and
construction of water lines in, over, on, under, upon, along, across, and through the real property in the
City of Seal Beach, County of Orange, State of California, described in Exhibit A and shown on Exhibit
B, both attached hereto and made a part hereof,
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It is understood and agreed by DISTRICT and CI"TY (hereinafter sometimes referred to as .Party" or a
"Parties") hereto and their successors and assigns, that said Easement Area herein granted in this .,
Easement Deed and Agreement ("Easement Deed") shall be subject to the following terms and
conditions:
1. ASSIGNMENT
This easement is personal and exclusive to CITY, and CITY shall not assign or transfer any of CITY'S
interests, rights, or obligations under this Easement Deed,
2. CONSTRUCTION AND MAINTENANCE (PMES2.2 N)
CITY shall have all construction and/or maintenance plans approved in writing by DISTRICrS Director
of Resources & Development Management Department or designee (hereinafter referred to as
"DIRECTOR") prior to commencement of any work; and upon completion of any work, cn:y shall
immediately notify DIRECTOR in writing of such completion.
DIRECTOR'S approval of CITY'S construction and/or maintenance plans shall not be deemed approval
from the standpoint of structural safety, suitability for purpose or conformance with building or other
codes or other govemmental requirements. DISTRICT is not responsible for design, assumptions or
accuracy of CITY'S cohstructign and/or maintenance plans. DIRECTOR will rely on the professional
expertise of the Engineer of Record when approving CITY'S construction and/or maintenance plans.
CI"TY hereby acknowledges that the Easement Area lies within a portion of land with operating flood a
control improvements, commonly referred to as Los Alamitos Pump Station. .,
CI"TY shan perform all construction and/or maintenance in such a manner that will allow for unobstructed
flood control operation and maintenance of the Los A1amitos Pump Station and the adjoining flood
channel by DISTRICT. CITY shall maintain, at no cost to DISTRICT, all facilities constructed by CITY
pursuant to this easement in good repair and In safe condition.
Should it be necessary for CITY to disturb the surface of the Easement Area subsequent to the
completion of the initial installation of necessary facilities, CI"TY agrees to notify DIRECTOR in writing
sixty (60) days in advance and to obtain DIRECTOR'S written approval of all plans prior to
commencement thereof and to obtain a permit for construction from DISTRICT after payment of normal
processing fees, Said approval shall not be withheld unreasonably, nor shall said approval be necessary
in any emergency situation.
Except in designated environmentally sensitive areas, CI"TY shall have the right to cut such roots as may
endanger or interfere with said underground facilities and shall have reasonable access to the Easement
Area for the purpose of exercising the rights herein granted; provided. however, that any excavation
shall be made in such a manner as will cause the least injury to the surface of the ground and any
improvements and/or landscaping around such excavation, and that the earth so removed shall be
replaced and the surface of the ground and any improvements and/or landscaping around such
excavation, damaged shall be promptly restored by CI"TY at its expense to the same condition as existed
prior to excavation, to DIRECTOR'S satisfaction. All facilities owned or constructed by CI"TY pursuant to
this Easement Agreement shall be maintained by CITY in good repair and in safe condition at no cost to a
DISTRICT. ' .,
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3.
REMOVAL AND/OR ABANDONMENT (PMES3.1 S)
CITY agrees that in the event (a) CITY'S facilities are no longer required, or (b) CITY'S use of said
facilities ceases for a continuous period of more than one (1) year without written notice from CITY to
DISTRICT of the circumstances affecting such suspension and of CITY'S intention to resume usage of
the facilities, CITY shall, at DIRECTOR'S request and at no cost to DISTRICT, remove and/or abandon
said facilities within ninety (90) days after receipt of written notice from DIRECTOR to remove and/or
abandon, Following such removal and/or abandonment, CITY shall, at no cost to DISTRICT, restore the
Easement Area to the condition that existed prior to the granting of the easement, to DIRECTOR'S
satisfaction.
In the event of removal or abandonment of CITY's facilities, CITY shall also execute and deliver to
DIRECTOR for recordation in the Official Records of Orange County, Califomia, a Quitclaim Deed
sufficient to remove the encumbrance of this easement from title to the Easement Area.
4. COMPLIANCE WITH APPLICABLE WATER QUALITY REQUIREMENTS (PMES4.4 S)
CITY shall ensure that all construction in the Easement Area is performed in accordance with any
NPDES permit requirements or other water quality statutes, regulations, ordinances, or permits,
applicable to the construction, Including but not limited to use of appropriate best management practices,
so as to ensure that pollutants are not discharged into the DISTRICT's flood control system.
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5. INDEMNIFICATION (N)
To the extent permitted by applicable law, CITY shall indemnify, defend and hold harmless DISTRICT
from and against any and all claims, demands, losses, damages, costs and expenses (including but not
limited to court costs, penalties and reasonable attomeys' fees), judgments, liabilities and causes of action
of any nature whatsoever resulting from or relating to the use or occupancy of the Easement Area by CITY
or arising in any manner out of the acts or omissions of CITY or its agents or employees or any other
persons acting under CITY's direction or control in connection with the easement or with the use or
occupancy of the Easement Area: The indemnity obligations noted herein shall survive any termination of
the easement.
6. CITY'S LIABILITY FOR HAZARDOUS OR'TOXIC MATERIALS (PMES6.1S)
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CITY shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon,
kept, or used in or about the Easement Area, If CITY breaches the obligations stated herein, or if
contamination of the Easement Area by Hazardous Material otherwise occurs for which CITY is legally
liable to DISTRICT for damage resulting therefrom, then CITY shall indemnify, defend with counsel
approved in writing by DISTRICT, and hold harmless DISTRICT, COUNTY, and their elected or
appointed officials, officers, agents, and employees from any and all claims, judgments, damages,
penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the
Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness
fees) which arise during or after CITY'S use of the Easement Area as a result of such contamination.
This indemnification includes, without limitation, costs incurred by DISTRICT in connection with any
investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any
federal, state, or local governmental entity or agency because of Hazardous Material being present in
the soil or ground water under the Easement Area. CITY shall promptly take all action, at its sole cost
and expense: as is necessary to clean, remove, and restore the Easement Area to its condition prior to
the introduction of such Hazardous Material by CITY, provided CITY shall first have obtained
DISTRICT'S written approval and the approval of any necessary governmental entities or agencies for
any such remedial action.
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As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or a
waste which is or shall become regulated by any governmental entity or agency, including, without .,
limitation, DISTRICT acting in its governmental capacity, the State of California, or the United States
government.
7. RESERVATIONS (PMES7.1 N)
DISTRICT hereby reserves for itself and its successors and assigns, all surface, subsurface and aerial
rights on, in, over, and about the Easement Area, In the event DISTRICT finds it necessary in the future
to enter on and disturb the surface or subsurface of the Easement Area, DISTRICT's only responsibility
shall be to restore any section of the Easement Area affected and DISTRICT will not interfere with or
prohibit the use by CITY of the rights and easement herein granted.
8. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES8.1 S)
This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a
covenant against the existence of any thereof,
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance
to CITY of rights in the'property which exceed those owned by DISTRICT, or any representation or
warranty, either express or implied, relating to the nature or condition of the property or DISTRICT'S
interest therein.
9. VENUE (PMES9.1 S)
The Parties hereto agree that this Easement Deed has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of California. In the event of any legal
action to enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of
competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do
hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394,
Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be
transferred for trial to another county,
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10. SEVERABILITY (PMES1 0.1 S)
If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in
full force and effect and shall in no way be affected, impaired or invalidated thereby,
11, SUCCESSORS AND ASSIGNS (PMES11.1 S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors,
executors, administrators and assigns of the Parties hereto,
12. ENTIRE AGREEMENT (PMES12.1 S)
This Easement Deed contains the entire agreement between the Parties with respect to the matters
herein and there are no restrictions, promises, warranties or undertakings other than those set forth or
referred to herein,
13. ATTORNEYS' FEES (PMES14.1 S)
In any action or proceeding bl'C!ught to enforce or interpret any provision of this Easement Deed, or
where any provision hereof is validly asserted as a defense, each party shall bear its own attorneys' fees
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and costs.
14. AMENDMENTS (PMES16.1 S)
No alteration or variation of the terms of this Easement Deed shall be valid unless made in writing and
signed by the Parties, and no oral understanding or agreement not incorporated herein shall be binding
on any of the Parties. Any amendment or cancellation of this Easement Deed shall be recorded in the
Official Records of the County of Orange.
15. AUTHORITY (PMES17.1 S)
The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly
authorized and executed and constitutes the legally binding obligation of their respective organization or
entity, enforceable in accordance with its terms.
16. WAIVER OF RIGHTS (PMES19.1 S)
The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions
of this Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have,
and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants,
and conditions of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach
or default of any term, covenant, or condition of the Easement Deed.
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17. NOTICES (PMES21.1 5)
All notices, documents, correspondence, and communications conceming this easement shall be
addressed as set forth in this clause, or as the Parties may hereafter designate by written notice, and,
shall be sent through the United States mail, duly registered or certified with postage prepaid. Any such
mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each Party may
change the address for notices by giving the other Party at least ten (10) calendar days prior written
notice of the new address.
Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such
other communications to the other by personal delivery, regular mail, or facsimile and, so given, shall be
deemed to have been given upon receipt if provided by personal delivery or facsimile, or forty-eight (48)
hours after mailing if provided by regular mail.
To DISTRICT:
Orange County Flood Control District
clo RDMD Real Estate Services
P,O. Box 4048
Santa Ana, CA 92702-4048
To CITY:
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
18. ATTACHMENTS TO DOCUMENT (PME520.1 S)
This document includes the following, which are attached hereto and made a part hereof:
Exhibit A (Legal Description)
Exhibit B (Map)
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Dated /~/~/t17
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STATE OF CALIFORNIA)
) ss,
COUNTY OF ORANGE )
ACKNOWLEDGEMENT
On 'Du-,I,.,- 20 .2001-. before me, e.st"JltruUI1Il' a Notary Public in and for said County and
c:f..t... p..~"nn..lly 'l~peared ~M S~~k.. ,
'ersonall known t me)or proved to me on the basis of satisfactory evidence) to be the..e.ersons~
whose name(~ (Jare subscribed to the within instrument and acknowledged to me that~sheJthey
executed the same in@)/herltheir authorized capacity~, and that by ~her/their authorized
capacity(ieso), and that by ~er/their signature{ston the Instrument the person~, or the entity upon
behalf of which the person(Eij acted, executed the instrument.
WITNESS my hand and official seal.
Signature..q $ /l.-..
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... .. .... A ... .... .... .. A .... .... .. ... ... .. ... J
!fj &~1~S: I
:l! Nll17IRY PUBLIC CAUARlIA
3 ORANGE COUNTV
I My oomrn. :=I8I.bl112S, m111l
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Document: Easement Deed
Grantor/Grantee: OCFCD/City of Seal Beach
By
Oat. '!n Inn
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CERTIFICATE OF ACCEPTANCE
This is to certify that the real properly interests conveyed by that certain Easement Deed dated
executed by the Orange County Flood Control District, a body corporate and
politic. in favor of the City of Seal Beach, a municipal corporation, are hereby accepted by the
undersigned officer on behalf of the City of Seal Beach pursuant to the authority conferred by
the resolution of the City Council for the City of Seal Beach. adopted on .
200_. and the City of Seal Beach consents to the recording thereof by its duly authorized
officer.
DATED:
CITY OF SEAL BEACH
Signed:
City Manager
ATTEST:
City Clerk
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EXHIBIT A
Parcel No,: C01-150
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(FUTURE WATER LINE AND ACCESS EASEMENT TO BE GRANTED
TO THE CITY OF SEAL BEACH BY THE ORANGE COUNTY FLOOD
CONTROL DISTRICT)
(CITY EASEMENT)
APN NO. 095-010-36
THAT PORTION OF'PARCEL NO. C1-104 OF DEED TO ORANGE COUNTY FLOOD
CONTROL DISrRICT, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
RECORDED 1-27-196,1 AS INSTRUMENT NO, 15591, IN BOOK 5609, AT PAGE 69 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER bF SAID PARCEL NO. C1-104,
SAID CORNeR ALSO BEING AN ANGLE POINT IN THE NORTHEASTERLY LINE OF
THE LAND SHOWN AS "DESIGNATED REMAINDER PARCEL" ON TRACT NO.
15402 RECORDED IN BOOK 832, AT PAGES 38 THROUGH 44 INCLUSIVE OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; THENCE ALONG A
SOUTHERLY LINE OF SAID PARCEL NO. C1-104, NORTH 89"43'20" WEST, 380.00
FEET, TO AN ANGLE POINT; THENCE ALONG A SOUTHWESTERLY LINE OF SAID
PARCEL NO, C1-104, NORTH 53"29'39" WEST, 1116.68 FEET, TO AN ANGLE
POINT; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL NO. C1-
104, NORTH 89"42'55" WEST, 310.00 FEET, TO AN ANGLE POINT; THENCE ALONG
THE WESTERLY LINE OF SAID PARCEL NO. C1-104, NORTH 0"16'00' EAST, 30,00
FEET; THENCE DEPARTING TO THE RIGHT FROM THE AFORESAID LINE SOUTH
89"42'55" EAST, 319.81 FEET, SAID LINE BEING PARALLel TO AND BEING 30.00
FEET PERPENDICULAR DISTANCE FROM THE ABOVE NOTED PARCEL NO. C1-
104 SOUTHWESTERLY LINE; THENCE SOUTH 53"29'39" EAST, 1116.68 FEET,
SAID LINE BEING PARALLEL TO AND BEING 30.00 FEET PERPENDICULAR
DISTANCE FROM THE-ABOVE NOTED PARCEL NO. C1-104 SOUTHWESTERLY
LINE; THENCE SOUTH 89"43'20' EAST 340.15 FEET, SAID LINE BEING PARALLEL
TO AND BEING 30.00 FEET PERPENDICULAR DISTANCE FROM THE ABOVE
NOTED PARCEL NO. C1~104 SOUrHERLY LINE; THENCE NORTH 0"16'50" EAST,
260.14 FEET. SAID LINE BEING PARALLEL TO AND BEING 30,00 FEET
PERPENDICULAR DISTANCE FROM PARCEL NO. C1-104 EASTERLY LINE;
THENCE SOUTH 89"43'10' EAST, 30.00 FEET, TO A POINT IN THE EASTERLY LINE
OF SAID PARCEL NO. C1-104; THENCE ALONG THE EASTERL V LINE OF SAID
PARCEL C1-104 SOUTH 0'16'50' WEST, 290.17 FEET TO THE POINT OF
BEGINNING.
CONTAINING a1,988 SQUARE FEET OR 1.423 ACRES. MORE OR LESS.
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EXHIBIT B
Parcel No, C01-150
(FUTURE WATER. LINE AND ACCESS EASEMENT TO BE GRANTED
TO THE CITY OF SEAL BEACH BY THE ORANGE COUNTY FLOOD
CONTROL DISTRICT)
EXHIBIT"B"
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