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Home My WebLink About2013-10-21 - Quitclaim Orange County Sanitation District This Document was electronically recorded'by OC Sanitation Dist Recorded in Official Records,Orange County RECORDING'REQUESTED Hugh Nguyen,Clerk-Recorder BY AND RETURN TO ORANGE COUNTY SANITATION DISTRICT P. O. Box 8127 1111111111111111111111111111111111111111 IIII�NO FEE Fountain.Valley, California 92728 20.130.00641 232 02:33pm 11121113 276 402 Q01 F13 6 0.00 0.0.0 0:00 0.00 15.00 0.00 0.00 0.00 Attn: Clerk of the Board tk (Space Above This Line for Recorder's Use) Exempt,from recording fee—California Government Code Section 6103 QUITCLAIM SEWER TRANSFER.AGREEMENT BETWEEN ORANGE COUNTY SANITATION DISTRICT.AND THE CITY OF HUNTINGTON.BEACH THIS AGREEMENT for the transfer of certain sewers and appurtenant facilities.(hereafter, "Agreement") is made and entered into this day of D 2013 by and between Orange County Sanitation District, a public corporation, ("Grantor") and the City of Huntington Beach, a municipal corporation ("Grantee"). Grantor is a regional operator of sewage collection facilities. Grantor also incidentally owns certain local sewers including, but not limited to, the local sewers which are the subject of this Agreement. This Agreement shall document and memorialize a factual understanding of-all of the facilities to be transferred to Grantee. Grantee operates a local sewage collection system within its jurisdiction. Grantee will maintain and operate the sewers which are the subject of this Agreement as part of its local sewage collection system. NOW THEREFORE BE IT RESOLVED that the Grantor and Grantee agree as follows: 1. Grant of Sewer Pipelines Grantor does hereby grant, convey and transfer to Grantee all of its interest in all sewer lines and appurtenant sewer facilities covered by this Agreement(collectively, "Facilities") owned by Grantor, which Facilities are described and depicted in Exhibit A, attached hereto. 2. No Warranty of Title or Condition Grantor makes no warranty or representation of any kind regarding its title to the Facilities; the condition of the Facilities or the suitability of the Facilities for any purpose. Grantee has been granted an opportunity to fully inspect the Facilities and has done so. Grantee accepts the Facilities"as is". 3. Assignment The benefits and burdens of this Agreement shall be binding upon and inure to all successors-in-interests and assigns of the parties. 4. Amendment 714533.1 R Q ; Any amendment of this Agreement must be in writing, signed, and acknowledged by the Grantor and Grantee and duly recorded in the Official Records of the County Recorder of the County of Orange, State of California. 5. Entire Agreement This Agreement(including any attached exhibits) contains the entire agreement between Grantor and Grantee regarding the subject matter of the Agreement, including all representations and warranties between them. 6. Notices Notices relating to this Agreement must be in writing and sent to the addresses set forth below. A party may change its address for notices by giving notice as required by this Section. A written notice will be considered given(i)when personally delivered, or(ii)two business days after deposit in the United States Mail as first class mail, certified or registered, return receipt requested with postage prepaid, or (iii) one business day after deposit with a reputable overnight delivery service for next business day delivery, or (iv) on the business day of successful transmission by electronic facsimile. The parties' addresses for notices are as follows: To Grantor: Orange County'Sanitation District Attn: General Manager P.O. Box 8127 Fountain Valley, CA 92728-8127 To Grantee: City of Huntington Beach Attn: Executive Director, Public Works 2000 Main Street Huntington Beach, CA 92648 8. Authority Each party warrants that the individuals who have signed this Agreement on their behalf have the legal power, right and authority to make this Agreement and bind each respective party. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. [Signatures on the following page.] 714533.1 e CITY OF HUNTINGTON BEACH By: Printed Name: Connie Boardman Title: Mayor Date: October 21, 2013 CITY OF HUNTINGTON BEACH By Printed e: Joan L. Flynn Title: City Clerk Date: October 21. 2013 ORANGE COUNTY SANITATION DISTRICT By: Printed Name: Troy Agar Title: Chair of the Board of Directors Date: i ( I ZDI l 3 ORANGE OUNTY SANITATION ISTRICT Printed ame: �,ejl A•Lore Title: Clerk of the Board Date: 1 12—1 1�,V1�5 [SEWER TRANSFER AGREEMENT BETWEEN ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF HUNTINGTON BEACH] AppROVED AS TO FORM JENNIFER McGRA MY A"'0 e-Y 714533.1 Y Deputy c1it► ar aj (A.l 3 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On October 23, 2013, before me,P. L. Esparza, Notary Public, personally appeared Joan L. Flynn and Connie Boardman who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P.L.ESPMZA WITNESS my hand and official seal. Commission#2032750zZ Notary Public-CalNornia Z orange County - t � 1Mv Comm.Exaim Aua 4,2017. i (Seal) (Notary Signature 9 - 1 [ i MLR0025-0005 MLR0025-0000 - ' 36-inch diameter VCP ' I 21.1 Linear Feet - FFF u: f C� r t f � F z ' 3 q. uu d r Exhibit A OCSD Proposed Sewer Transfer to City of Huntington Beach - Magnolia Avenue NOT-TO-SCALE _ ® Manhole to be transfertetl ®Sewer to be tmnstemed Map;,taoneE Ey pange Launry Senitltlm OONtt.iM1is map is vpmUeU Im gapheal repremtlNn only. Ho level ofaommoy a mimed for on,haaa mam"'t aho.m hc.00 and gmprya. idol not ue used m olfar WordoWe ® OCSD manhole to be retained .awes,heuega or emMna.. a*�OCSD sewers to be retained so.no.ocso slso.l. Prepared'.Sapaneorn,3 ACKNOWLEDGMENT State of California County of Orange) On November 20, 2013 before me, Kelly A. Lore, Notary Public personally appeared Troy Edgar who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ICEun. LORE Commission # 1939344 =s Notary Public-California i Orange County M Comm.Ex ires Jun 30,2015 J Signature Seal) Title or Type of Document: Quitclaim Sewer Transfer Document Date: October 21, 2013 Number of Pages Other Information: