ORD-04-82 APPROVAL OF REVISED TENTATIVE TRACT FOUR CORNERS PIPE LINE GROSS ANNUAL RECEIPTSORDINANCE NO. 4-
82 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING ORDINANCE
NO.712 DATED OCTOBER 22, 1957, BEING
A FRANCHISE GRANTED TO FOUR CORNERS PIPE
LINE COMPANY WHICH AMENDMENT RECOGNIZES
PRIOR RIGHTS OF SAID FRANCHISEE IN A PORTION
OF VILLA REAL AND EXCLUDES SAID
PORTION FROM THE COMPUTATION OF GROSS ANNUAL
RE-CEIPTS IN CALCULATING SAID FRANCHISE
FEE.WHEREAS, on or about September 8, 1981, the City CounciloftheCityofOrangeapprovedRevisedTentativeTract8154coveringcertainpropertysituatedatthesouthendofNohlRanch
Road between Villa Real Drive and Meats Avenue i
and WHEREAS, as a result of said final subdivisionapproval,substantial benefi ts will inure to the Ci ty of Orangeincluding,but not limited to, a greater supply of housing within theCityandgreaterassessedvaluation, the dedication of agradedreservoirsite, and the construction of other substantialpublicimprovementsi
and WHEREAS, in order to construct said subdivision, it is
neces-sary to relocate a portion of said pipeline owned by
franchisee pursuant to an easement granted by Louis andl'1argaret Nohl onoraboutSeptember30, 1957, vlhich easement predates said property's annexation to the City of Orange and the grant of franchise
to franchisee ~
and WHEREAS, the relocation of said pipeline to an approximate900feetstretchofapublicstreetknownasVillaRealinaccordancewithExhibit "A
II attached hereto and by this re ferenceincorpor-ated herein is in the public interest in that it is safer to
re-locate said pipeline in a public street rather than in the
front yard areas of single-family residences
i and WHEREAS, said relocation will be accomplished withoutcosttoCityandatthesoleexpenseofthesubdivider
of Revised Tentative Tr act 8154
j and WHEREAS, franchisee will not benefit financially
from said relocation j however, franchisee desires toaccommodatesubdividerandCityintherelocationofitspipelineprovideditsuffersnoadVerseeffectsfromsaidcooperation
i
and WHEREAS, said franchise fee for the use of that portionofVlllaRealattachedasExhibitIIA" would amount to lessthan70.00 per year as computed by the latest gross receiptsoffranchisee (900 feet equals .1136 mile x. $20,536.05 x2% = .60.00); said franchise fee could not be collected on that port~on of the pipeline currently located on private property
and,therefore , it would be inequitable to collect said fee for
that Portion of the relocation in Exhibit "A" requested bysubdivideranddeemedtobeinthepublicinterestbyCitYj
and
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WHEREAS, there are no plans to alter either the alignment or
grade of that portion of Villa Real described in Exhibit IIA" byCity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SECTION I:
The foregoing recitals are true and the City Council so finds
and determines.
SECTION II:
The relocation of that pipeline owned by franchisee in that
portion of Villa Real described in Exhibit IIA" for all uses and
purposes set forth in Section 1 of Ordinance No. 712 is hereby
recognized by City as predating City's street easement in Villa
Real, City's franchise ordinance, and the annexation of said
property to City. Therefore, those provisions relating to future
relocation of pipeline provided for by Sections 7 and 8 of said
Ordinance No. 712 shall not be deemed applicable to Exhibit "A".
SECTION III:
That portion of Villa Real described in Exhibit "A" shall be
deemed exempt from the computation of gross annual receipts set
forth in Section 10 of Ordinance No. 712. Therefore, no fran-
chise fee shall be charged as a result of said relocation.
SECTION IV:
This ordinance shall remain in full force and effect for so
long as said franchise remains in existence.
SECTION V:
All requirements relating to insurance set forth in Section 9
of Ordinance No. 712 and all conditions relating to good workman-
ship and materials set forth in Section 4 of Ordinance No. 712
shall remain in full force and effect for that portion described
in Exhibit "AII. In addition, franchisee shall be required to
obtain all necessary permits by City prior to constructing, main-
taining, operating, repairing, renewing, or removing said pipe-lines in Exhibit "A ".
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EXHIBIT "Ii II LEGAL
DESCRIPTION OF VILLAREAL DHIVE FOH 'I'HE FOUR CORNERS'
PIPELINE COMPANY FRANCHISE 1
THOSE PORTIONS OF THE LAND ALLOTTED TO JUAN PABLO PERALTA, MARIA 2
JESUS PERALTA DE COPAS AND THE HEIRS OF LEANDRO SERRANO IN DECREE j
OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN 4
BOOK" B" OF JUDGEMENTS OF THE 1 7TH JUDICIAL DISTRICT COURT OF 5
CALIFORNIA, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF 6
CALIFORNIA, BEING THAT PART OF THE LAND DESCRIBED IN PARCEL 1 7
OF THE DEED TO THE CITY OF ORANGE RECORDED AUGUST 23, 1965 IN 8
BOOK 7638, PAGE 923 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY,9
LYING SOUTHEASTERLY OF THE NORTHEASTERLY PROLONGATION OF THE 10
SOUTHEASTERLY LINE OF PARCEL 2 AS SHOWN ON PARCEL MAP FILED IN 11
BOOK 2, PAGE 44 OF PARCEL MAPS, RECORDS OF SAID COUNTY.12
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JRD 15
142-
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SECTION
VI:This
Ordinance shall be published once within fifteen (15)days
after its passage in the Orange City News, a newspaper of generalcirculation, published and circulated in the City of Orange,
and shall take effect thirty (30) days from and after the dateofitsfinalpassage.ADoprrED
this 16th day of February 1982.Attest:
d~
2;.~4~~CityCleofthelJZityofOrange COUNTY
OF ORANGE CITY
OF ORANGE ss
I,
MARILYN J. JENSEN, City Clerk of the City of Orange,California, do hereby certi fy that the foregoing ordinance was
introduced at the regular meeting of the City Council held
on the 9th day of February ,19g, and thereafter at
a regular meeting of said City Council duly held on the day
of Februar~ , 19~, was duly passed and adopted bythefollowingvote, to wit:AYES:
COUNCILMEN:Barrera, Smith, Mayor Beam, Perez, Beyer OOES:
COUNCILMEN: None ABSENT:
COUNCILHEN: None WITNESS
my hand and seal this 17th day of February 19~.a~
Ut/Mari(
yn . Jen~n City
Clerk of the City of Orange 3-
ORANGE CITY NEWS: Please publish Wednesday, February 24) 1982, and send PROOF and
PROOF OF PUB1..ICATION to City Clerk, 300 E. Chapman Avenue, Orange, CA 92666
Marilyn J. Jensen, City Clerk
LEGAL NOTICE
ORDINANCE NO.
4-82 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING ORDINA-
NCE NO. 712 DATED OCTOBER 22, 1957) BEING A FRANCHISE GRANTED
TO FOUR CORNERS PIPE LINE COMPAl\"'Y ~THICH AMENDMENT RECOGNIZES PRIOR
RIGHTS OF SAID FRANCHISEE IN A PORTION OF VILLA REAL AND EXCLUDES
SAID PORTION FROM THE COMPUTATlqN OF GROSS ANNUAL RECEIPTS LN"
CA.LCULATING SAID FRANCHISE FEE."
Original copy on file in the City Clerk's Office)
SYNOPSIS:
This ordinance exempts a portion of Villa Real from the
computation of gross annual receipts set forth in Ordinance
712, Sect. 10 to accommodate relocation of pipeline owned
by franchisee.
ADOPTED by the City Council of the City of Orange at a regular
meeting held Tuesday, February 16, 1982, by the following vote:
AYES: Barrera, Smith, Mayor Beam, Perez, Beyer.
CITY OF ORANGE
Marilyn J . Jensen, City Clerk
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