Loading...
HomeMy WebLinkAboutSUNSET BEACH SANITARY DISTRICT - 1970-12-23« Recording &A,iested .bY 9tY"of' 78 ' 7 ,« mun`ingtofr -5Q?.-4 �jyQ 6�r « Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: City of Seal Beach 32O office, rif City Clerk , 211-Sth Street 9;'Po14 AGt�us Seal Beach, Ca. SaACE.ABOVE THtri l.lMf. FOR REC.ORld "? MAIL TAX STATEMENTS TO: City of Sea- Beach DOtIfARY 7RAWSR TAXAL� of Tice of ity Clerk computed on the mimleo.3ftn orVOte of p'rti"c mvpyad;OR r N 211-8ih Street -• C PIJmdanm.conAlds ,dorto:Yffiu*bwitemorwnwn,6tw4ft lI trmMn4nt♦st sima Seal Beach, Ca. of st% BlµRetkrs oe omlusm.or .:egaarml:xnp r.x`�i'mm nam. `�@ This doaument is salsly for t.ha CC9RPORIAT10i'� QUITCLAIM DELDrCicial bustness of tbb City of Huntington Beach, as contez FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknoviledgad, p2rftod under Govor=D st Cor_5 Soo. 6103 and should be r0coPd0d the Civy of Huntington Brach, a municipal. corporatio&ge of charge. k1WRWo'Iql;organized under the Ism of the State of Ca"ifarn.1 r does hereby REMISE,RELEA�� AND QUITCLAIM to Y she City of Sc-al Reach, a municipal corporation the rew property in the City of Seal Beach Crunty of Orange Stets of IIatifornie,daa:abod as That portion of a 50 foot by 100 foot parcel of land described as Parcel 2 in a Final Order of condemnation recorded in Book 374 page 225 in Official Records, in the office of the County Recorder of said County, described as follows: Beginning at the mos-c eastoriy corner of said parcel; thence north- westerly 35.00 feet along the northeasterly line of said parcel to a line parallel with and 35.00 feet northwesterly from the southeasterly line at said parcel; thence southwesterly 35.00 feet along said oa.rallel line to a l'ae parallel. with and 35.00 feet southwesterly from the north eaRtarly line of said parcel; thence scutheasterly 35.00 feat along said Iasi: mentioned parallel line to thi southeasterly line of said parcal; thence northeasterly 35.00 feet aloug the southeasterly line of Paid parcel to the point of beginning. APPROVED AS TO "MX; GAIL HUTTON City�iAttcrnop 1' gy; Deputy ci Attorney ' r. Dated ..A _ _ CM OF f MMINGCON BEACH STATE OF CAL JRNIA ) �n COUNTY OF By On befora tne, finders ad, a ft. "���"try PuWk in wd for rN9 By =3 ,L/It's � �ut7ilra[i'utu bathe of 6f'fI{gAG&Ef,S„rr3xeam,b 't: rt et axawt trro wY+h nt 7neater ent W4 knoon CONNIE A.gROCK 7 ta'�ae to Who c.Mut1d the WIMP Irotlumfnt.on t .s.r! ; NOtARY WAY. , bft e+f of ���ijj a�n x'•.eratn nr.)ed,sod r€:r.n *do.t w at* c PU6uG. t?rat weh cFe*:ion teeNKe6 the wlthttl In;trurnant Prrrwant tq - ��.'� OR-4MG� �AUftt4YlA to fv~i•10PR or p rooyhrrron of l� ;q u 7Ta-nrys3w�:Cxpe i jly.t Ii: S /•r/e!/i W471GadIrSSbrtd..ytl Vr/lr4r�tVlfl7:LIIy NliT7{ES.i'my +rj d Qffi;W 29�1r .. Y MA+kAtN, - .ThH a.oOf m nitfaCaf flowht swill �.. MAIL TAX VATEPtiENT4.AS 0JRVCTED ABOVE �. » * u.*,+wu'::�w.:.yJr..ut. 9.+,w.W.•5.. :ti'wwisto+".'x.sn6.sa.:.le:tu. i...a'fw..:.r:.M. y...r..wu,..w...y...3.rwh.,yWcssvbad. d a THIS AGREEMENT is entered into on the date opposite the signature of the parties, by and between the City of Huntington Beach, hereinafter referred to as "HMINGTON BEACH,"' the City of Seal Beach, Hereinafter referred to as 1DSEAL BBACN," 5 and the Orange County Harbors, Beaches and parks DivLrict, hereinafter referred to rv, as "DISTRICT," for the mutual promises and expressed purposes: condemned herein. 7 MCITALS ! 8 WHEREAS HUNTING'TON BEACH -..ns certai„ land and otructural improvements j 9 located in the 5unaet Bach-Surfaide Beach area of Orange County, and 10 WHEREAS, said land and improvements are within the incorporated limits of � } 1 SEAL LEACH, and12 i WI-HEREAS, The Orastiige County Historica. Commission has determined that one 13 such structural improvement on said Land, a wooden water tower and tank, is historically 14 significant, and . WHEREAS, the structural incegrity of said water tower and tank has deteriorated, 1a necessitating structural repairs for the a+sfety and preservation of tl,e tower, and 17 tJtiERF.AS, the parties hereto recognize the historical significance of said water tower tower and tank and daeaire to cooperatein the preservation and struccurai restor- ation, and WHEREAS, the parties hereto desire to cooperate for the purpose of Rrraerving, t l � 21 restoring and perpetually maipa.'+ning the towa:r and tank for the benefit and enjoyment of the citizens of the State of Californis. THEREFORE, tha parties do agree as follows; 24 26 WithV: sixty* (60) *lays of the latest: date of execution of this agrees„nt by the parties hereto,: HUNTINC,TOU SFAa shall convey bye quitclaim deed to .UAL BEACH a } 27 parcel of land upon which the wooden tracer tower and tank stand, consisting of approxr 29 irriat,ely 1225 .square feet, As well as the tower and tunic itself, to SEAL BEAM NMI ff � r DISTUCT shall cause. to be prepared plains &ad specifications for the structural restoration of said water tower and tank and shall obtain all necessary peztits and approvals for said restoration, except that DISTRICT shall not be re- 4 sponeible for denial of permits by atg^ancies over which it has no control. � IIZ Within ninety {90} dLys of obtaining all such necessary permits, SEAT. 7 BEACH shall advertise and ataaard s contract for said restoration and shall, upon $ satisfactory completion, bill. DISTRICT the actual cost of construction of said 9 structural restoration work. IV "sA DTSTRICT shall, withiaa forty-five (45) dabs of receipt of billing as 12 described in Clause III herein, remit to SEAL. BEACH the amount billed or $12.C(g, 13 1 whichever Is less. 14 15 SEAL BJMH will thereafter operate and maintain said water tower and tarok 1� in a prudent and conscientious effort to preserve it for the enjoyment and historical 17 education of the people of the State of California in the same manner as the City 18 does for it's owu residents. 19 VI 20 SEAL BEACH shall be the laad agency for the project described herein as 21 described by the California Environmental Quality Act of 1970, as awendedp 22 V11 2? For the mutual promises And covenants contained herein the parties hereto j have. caused their governing bodies to execute this agreement on the sites opposite !} 26 their signatures below. 27 23 4 •. ,,. ... ''f' " d+ik,w " "iwk3."7Wi.'r..6r ,aiAti.'r++iwl�.A.r- .u..o.4w..+r«,Mnm k,:. .. M h 2 a jyF. 1 CITY Qp HUNTINGTON Ii&AMI 2 a DATE 0 Y Awr1M11 ATTEST: 4=_f ty GLer t CITY OF SEAL BEACH DATE Mayas ATTEST Ci y Clerk ORMIGE OUNNTY NARBM, BEACHES AND PARKS '0 DISTR lI � 12 DATE C airan, Board of Super ors, ' 13 Acting as the Governing and for 0w 1 Orange County HarborD, caches and 14 Parks District. j 15 16 ATTEST: 17 18 TUNE ALEXANL,R 19 Clerk of the Board of Supervisors of Orange County, California 20 21. APPROVED AS TO Matt ADRIAN FLYPER, County Counsel 22 ORANGE Cr1UNT'f, C GIPf�RNIA 23 By 24 LNfL:tC 25 28 //J 2 !/! } (3) .m lNNx` r t Aim u 3 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA, ACTING AS t H33 4 GOVERNING DOMW OF THE OR GE COUNTY HAR-- DOR : BEACHES A.3+D PARKS DISTRICT 5 iron 22, 1979 6 can motion of Supervisor Schmit, duly seconded And carried, the 9 , following Resolution was adopted: WHEREAS, this Soara told a public hearing on this date pursuant 9 , to Section 5955 of the Harbors and Navigation Code for the purpose of to determining whether the restoration of the Sunset Seach water tower SS should be a project of the Harbors, Beaches and Puke District; 1? NOW, THEREFORE, BE IT 'RESOLVED that this Board: ty r I.. Finds that. Negatives Declaration No. 77-1-6 and accompanying 14 q I envir-)nmenta3 4ocume is prepared on said project have been reviewed and r = 1 5 6° is considered prior to approving this project and €qid project cannot or IG '' will i,ot have a significant effect on the environment. 13 2. Approves the restoration of the Sunset Beach Water tower as 19 }I an authorized project of the Harbors, Beaches and Parks Distp.ict, i9 t } 3. Authorizes the Chairman to sign Agreement No. D77 080, dated I� .•Sarch 22 , 1978, with the City of Huntington Beach and the City of seal 21 ' beach, on behalf of the orange County Harbors, Beaches and Parks District 22 and the Clerk is directs-d to attest to same. 1; 4. Directs that the funds for structural restoration of the 24 Sunset Beach water tower by the 'Harbors, Beaches and Parks District, 25 not to exceed $12,000, shall come from Revenue Sharing E.5al:located Punds 2i Account No. 1211-420-001^-:900- M 2/ SF'CF'11 rr 28 ! 4DW:dk Resolutions No. 78-413 1< Determine that kestoratior, of Sunset ,each Water T10,rer is H.B. P.Di stt Project/ '' aunt Besxch ale Sea 1 i WE AfES: SUPERVISORS LAURENClE J. SCHMIT, RALPH A. DIEDRICH, PHILIP L. 2 ANTHONY, RALPH B. CLw&RK, AND THOMAS F. HILEY "o NOES: SU'PERVISORS NONE k 3 ei ABSENT: SUPERVISORS NONE U•. 5 S`iAIE OF CALIFORNIA } ) sa. b COUNTY OF ORANG';s � 1, JUKE ALE�',AI DER, ` -ere of the Board of Supervisors of Orange 8 County, California, Acting as the Governing Board of the orange County 9 Harbors, Beaches and Parks District, hereby certify that the above and 10 foregoing Resolution was duly and regularly adopted by the said Board 11 at a regular meeting thereof held on the 22nd day of Marcos, 78, and t2 Passed by a unanimous vote of said Hoard. 13 IN WITNESS WHEREOF, I have hereunto set nay:h�a�C1 and *,*4b-tisis 22nd day of March; 197P µ 1 , lei r N t the DER Clerk of t:he Boarg 'Qf- Supeivis"ors of orange County, Cal`.1b; .""ja—"J, cti.ng As I B II The Governing Board oqr•t iie orange I` County Harbors, Beaches and Parks 19 I District 2 L1 1 i f 21 ,2 i i 23 24 The foregoing instrument is a correct 25 coPy of the original or,file in this office, Attu 2 26 A 77 i o i 9 " nti,nUi .5,'v ysrcp n. rf..ipiiii�',":+�if 4J:.rui,� 20 Cain 2, BY. Deputy. i Q WRANGE COUNTY f ADM. 0 ;i S F3UIL DING SYCAMORE 515 N.SYCAMORE STREET ROOM f U T Y �F SANT 301 ANTA AtYA,CALIFORNIA 92701 y TELEPHONE-.634.2239 AREA CODE.714 l NC11 LOCAL AGENCY FORMATION COMMISSION September 7, 1977 CHAIRMAN DONALD J.SALi"ARELLI 1 r ti r t COUNCILMAN `ruT Sv_ CITY OF TUSTIN , ~+ VICE-CHAIRMAN City of Huntington Beach PHILIP L.ANTHONY SUPERVISOR 20OD Main Street r , FIRST DISTRICT Huntington Beach, California 92648 f � o DONALD A.WINNIS Attention: Alicia Wentworth COUNCILMAN CITY OF NEWPORT BEACH Subject: Huntington Harbour Detachment STAN NORTHRUP from the Sunset Beach Sanitary District REPRESENTATIVE OF GENERAL PUBLIC Ladies and Gentlemen: THOw oRA�F.OR RILEY By 'letter dated May 3, 1977, we notified the Sunset Beach FIFTH DISTRICT Sanitary District that the Huntington Harbour Detachment approved by the Local Agency Formation Commission in November ALTERNATE of 1971 is still incomplete, in that the required filings of ALICE J.MacLAIN COUNCILWOMAN the detachment with the. County Assessor, County Recorder and C,7"Y OF C'�PRESS State Board of Equalization were, not made, ALTERNATE Due to the lack of cooperation by the District tG properly JOAN K. SENTA IVE OF p men �P EPRESF.NTAI com let4 this detachment, we are requesting assistance from the GENERAL PUBLIC City of Huntington Beach, Our records indicate Huntington Beach filed this proposal as a result of the City acquiring the ALTERNATE affected territory for construction of a fire atation facility, LAURENCE J.SCHMIT SUPERVISOR y 1977 boundary g g SECOND DISTRICT As of January 1, oundar change filings s for all cities and most special districts are now the responsibility of RICHARD T.TURNER the LAFCo Executive Officer. Since this proposal has already EXECUTIVE OFFICER b.�en filed with the Secretary of .State, the only additional item we are in need of is a $95.00 check to cover the State Board of Equalization filing fee. (See attached Schedule) If the City is willing to absorb this cost, we ask that the check be made payable to the State Board of Equalization and not this Commission. Thank you for ,your consideration in this matter. Very truly yours, RAY K, SAKAIDA ADM:iiiISTRAT1VE SERVICES ASSISTANT RKS Attachment OF '"A�110RNTA STATE 90ARD OF EQUALISATION Fitst D sU d,San Francisco 1020 N STREET, SACRAMENTO, CALIFORNIA JOHN W. LYNCH ,P.O. 80X 1F99, SACRAMENTO, CALIFORNIA 958081 Second District,Fresno FF 4d Disiht M. n Rafa l Third Disltidq.Con Ratuel RICHAiD NEVINS Fowth District,Pasadena: JAN 131976 KENNETH CORY C—fe.l.r,Sacramento RICitARD T.TURNER,EXECUTIVE OFFICER W.W.DUNLOP LOCAL AGENCY FORMATION COMMlSSlON E.ecativ.S.creJarr October 24, 1975 'Po City, District and County Officials Attached is a schedule of p.r-ocessing fees adopted by the State Board of Equalizatio-L September -9, 1975, in compliance with Section 54902.5 of the Government Code. This schedule will apply to all statements filed with the Board BEGINPlING JULY 1, 1976. it Will supersede the schedule that became effective on July 1, 1974. After two years of inflation, is has become necessary to make an approximately ten percent increase in the fees. Please note, how- ever, that we have divided two of the acreage categories in Section 4(a). This may result in an actual decrease is some instances. Your attention is particularly drawn to the preamble to Section 2 of the schedule. Please scan each document ,you send to us and re- place any page that may be smudged or of low contrast. The few seconds this takes can save both of us from incurring additional cor- respondence and postage costs. We simply cannot microfilm poorly re- produced documents. It is particularly important that the bearings and distances in a metes-and-bounds legal description are legible. Please call Leonard Marino or myself at (916) 445--6950 if you have any questions r%bout the schedule. We are particularly looltin for feedback if you fird something in the schedule to be confusing. It is most difficult to provide for atypical local situations in a uniform statewide schedule. Any comments you may wish to make need not be formal. Sincerely yours, Martin C. Rourke Supervisor, Tact Area Services Valuation Division MCR:eo encl. SCHEDULE OF PROCESSING FEES Section 54902.5y.Government Code Effective July 1 , 1976 1 . GENERAL APPLICATION. The f?es set forth in this schedule shall apply to all statements filed pursuant to Se`ctions 54900 to 54902 of the Governmenf Code. Statements must be filed by January 1 if they are to be reflected on the next tax roll. (See Section 3 (h).) The provisions and definitions given in Sections 2 and 3 below ore to help you compute the fees and serve as guidelines to insure acceptance of maps and legal descriptions. Fees shall accompany the statements (See Section 3 (y).) Mail statements, maps and fees to, `✓al`uation Division, State Bogrd of Equalization, P.O. Box 1799, Sacramento, CA 95808. (a) The fees in this schedule are based on the concept that a filing for the annexation or detachment of a single area is the simplest action for us to process. If you are computing a fee for anything more complicated than a single area annexation; the fee will usually be higher. Use the annexation fee as a base and look for "add-on" increments such as those in Sections 4 (c) and 4 (d). 2. DESCRIPTIONS AND MAPS. After our initial processing has been completed, all filed docu- ments nre microfilmed and then destroyed. Any document that will not produce a readable photographic image must be rejectedand returned to the sender for replacement. See Section 2 (9) (a) Every description must be self-sufficient within itself and without the necessity of reference to any extraneous document. When a description refers to a deed of record, the deed shoul.i be used only as a secondary reference. (1n) When writing a metes and bounds description of a contiguous annexation, all detail, of the contiguous portion(s) of the boundary may be umitted. The points of departure from the existing boundary must be clearly established. (c) A specific parcel description in sectionalized land (e.g. The SW1/4 of Section 22, T1 N, Rl W) is permissible without a metes and bounds description of the perimeter boundary. (d) A parcel description makii,3 reference only to a subdivision or a lot within a sub- division is not acceptable, unless all dimensions nezded to plot the boundaries are given on cn accompanying plat. The relationship of lot lines with street right-of-ways must be clearly indicated. (e) Every map rrtust clearly indicate all existing streets, roads and highways within and adjacent to the subject territory, together with the current names of these thoroughfares. (f) Every map shall bear a scale and a north point. If a reduced map is to be filed, the original map must have a graphic scale affixed to it before the reduction is made. (g) The paint of beginning of the legal description must be shown cn the map. The boundaries of the subject territory must be distinctively shown.on the map without obliterating any essential geographic or political features. The use of yellow lines to highlight the bound- aries is urged, as this color photographs as a light gray. (h) All maps must be professionally drawn or copied. Rough sketches of maps or plats will not be accepted. (i) The computed or estimated acreage shall be set forth in the legal description or on the map. (j) When applicable, each description and map shall indicate that it has been accepted by the local agency formation commission. 3. DEFINITIONS AND SPECIAL FEE PRI)ViSIONS. (a) "Single area" means any separate geographical area regardless of ownership. A lot, a subdivision, or a township could each be a "Single area". A "Multiple area" annexa�lion is one that involves several isolated single areas, say, several subdivisions scattered around the periphery of an existing district. A "Single area" does not include two areas that are contiguous at only a point or two areas that are contiguous to the ex- isting boundary of a city or district but not to each other. If an "island" is created by the exception of an area within a larger area, each island shall be considered a "Single a,Z�a". (b) "Zones" include temporary zones in highway lighting districts, other zones, improvement districts, or any other sub-units of a city or parent district. (c) "Reorganization" includes any single action that involves two or more cities, districts, or zones in any combination. A transfer or exchange of territory between cities, districts, or zones would therefore be a "reorganization" under this definition. The con- solidation of districts or zones does not come under this definition. If a reorganization involves whole cities, districts, or zones and does not result in a consolidation or merger, the total processing fee shall be $25 per city, district, or zone involved. (d) If the subject territory is described entirely by sections or fractional portions of sections (see Paragraph 2 (c)), compute the processing fee as if the acreage involved were two acreage categories smaller. For example, the annexation rf one section (640 acres) would be computed under the 21 - 60 acre category. (e) The fees in Section 4 of this schedule are based on the concept that any given action is confined to a single county. If more than one county is involved, add $50 for the second and each additional county involved. (f) Maximum pees. No single fee shall exceed $3,300. (g) The processing fee shall accompany each statement unless prior arrangement for quarterly payments has been made. The use of quarterly payments sholl be limited to those governmental entities that normally file more than 25 statements each year. Quarterly payments must be made during the month following the end of each quarter. -3-- n) If the ,January Ist srarutory deadline fcr ruing statements is extended by a special validating act, the fees in Section 4 shall be doubled. In such cases, the S3,300 maximum specified in Section 3 (f) shall not apply. 0) "Concurrent annexation" means the simultaneous annexation of territory to a district and to a zone or improvement district within the "Parent" district. Also included is the simultaneous annexation to a district and to an agency, authority, or metropolitan water district. (j) If an annexed or detached territory comprises an entire city, district, or zone without affecting the existence of that city, district, or zone, the total processing fee 5ha I I be S50. INC'ORTA NT 1 If you have an unusual situation or are unsure, do not guess of the fee. Call Martin Rohrke o- Leoncird Marino at (916) 322-2323 or (9161 445-6950 or write. We will help you determine the correct fee. 4. PROCESSING FEES. See Section 3 for definitie is and modifications of the fees under certain circumstances. A separate fee must be computed for each ordinance or resolution. (a) Annexations or detachments Total o�reoge Single area (Sec. 3(a)) Add for multiple areas Under 21 $ 95 $20 per area over 1 21-60 5145 $25 ." 61-100 $210 $30 " 101-660 $M S35 661-1500 S400 S40 " over 1500 $525 S45 (b) Dissolutions, consolidations or mergers, per district or zone. . . . . . .. . . . . . . 595 (c) Formations, including zones, or the addition of existing districts to the roll, per district or zone: Add S95 to the fee computed under "Annexations or detachments". If a new district or zone is coterminous with any pre- existing city, district, or zone, the total processing fee shall be. . . . . . . . . . .S95 (d) Concurrent annexations, reorgc:•,.izations, and transfers or exchanges of territories; Add S45 for the second.ond any additional city, district, or zone involved to the fee computed under "Annexations or detachments". If a reorganization consists of an arnexat'ron to city and the detachment of that area from one or more districts, add S25 to the fee computed under 'Annexations and detachments". (e) Subsequent related detachments from special districts or annexations to city districts of city-annexed areas filed during the same calendar year of the annexation tot e city; S25 per single area detached or annexed by a single resolution. If mote than one area is detached or annexed by o single resolution, the fee shall be 530 per crea. If the resolution for a subsequent related detachment or annexation is filed after the calendar year in which the filing for the annexation to the city was made, to Fee shall be S30 less than a fee,computed under "Annexations or detachments ,�. OOYLt:MiLLEM A N �.a mL Huntington each Aa�,it,>scnf;�� BRANDER D.CASTLECALIFORNIA 02M a. Administrator r• ¢ 7 DON F.SCNFA February 84 1972 7' / WARRENG,HALL 7reacuror {,^ ',Owq,.C MccT.cken PAUL.C,JONES Clri Clark <:O LjSi CILMBri t` p ice' lorry R.fv99t'+oy Ted W.9e...tlett +t, Arvtn M Coon No,nm H+andol!,bbs ' luck Sr Gon.'J O. °•rnW6Y Edmund Brown, Jr., Secretary of State State of Californian Capital Building Sacramento, CA Honorable Secretary of State; '' The Sunset Beach Sanitary District have taken steps to detach a piece -)f property which is owned by the City of Huntington Beach ram said District. As they are a very small District, I have been assisting them in preparing such detachment as a change of organization pursuant to the District Reorganization Act of 1965. The Local Agency Formation Commission of Orange County on Novem- ber 24, 1971 approved the proposed detachment. The Board of Directors of Sunset Beach Sanitary District on January 11t 1972 adopted their Resolution Arc, 1-72 declaring and ordering said detachment. Following this the Secretary of said district com- pleted. a "Certificate of 'Completionil and forwarded the entire package to me with a request that I process same through your of five. I am, therefore, enclosing herewith a copy of the District's Res- olution No. 1--72 'together with a map and Legal, description of the area proposed to be detached from said district, and with a copy of the Ceyt.ification of Completion as prepared by the Secretary of the District. t It would be appreciated if your office will certify to said detach- merit, and return copies of such certification to me, I will see that one is sent to the .District, and the other to the County Recorder for recording. rely y s, Paul. (% J es City Cleric x' PCJ:p Encl. )AMT..9 N.W"EELS.it %*Fn g t40%t'k'ltt4-L� Q�'.1.I tt C.CtE'1l�LAHK� PkCNiV L"Til A .'��,YNCLRS . x'. tyrectpr nt Pubftc Work& P0110 ChF&f l�ttlldin�Otrtlrlor Ptann<ng 1:rrM•3a Vlrtt:t NT tS.Mi7t2lt hffl U9f., v i r6tr+MK Mi.AROVEL.G YtAyMoHO inCA RP i:IirocIortiatbort, WAL'tER W.J'OHNSON pJU3bhtAtl L Y�CJTOTtiY. tri6;v.;u lS+rtctos Fit*ChitP Sea.:llsri 8t pevoloprnAnt Library 04actor nCi^-0401"4 Patka D:Wwx t CERTIFICATE OF COMPLETION Z, Frank B. Duvall , the aecreta.^y of the governing board of the District named herein, hereby certify that the District has com- pleted a change of organization pursuant to the District Reorgan- ization Act of 1965, as follows: The name of the District is the SUNSET BEACH SANITARY DISTRICT. The r_ame of the co' my in which the entire District is located is ORANGE COUNTY. The kind of change of organization completed. is a detachment. The title of the detachmery proceeding is HU"ViTINGTON HARBOUR DETACHMENT. The legal description of the territory detached is set forth in the attached. Exhibit "A". There are no terms or conditions attached to the detachment. I3 r a The change of organization was ordered without an election and the resolution ordering the change of organization was ado ed by the governing board of the District on January 1972. 'Secretary of the Sunset Beach Sanitary District y State Of California County of Orange ) Ss. City of Huntington Beach) Subscribed and sworn to before ine this 12th day of January, 1972. Notary Public_ ixr and-'for said County and S.:a OFFICIAL SE]M75 CAROLE J, GRI Mf�'f++t7YAFIHI.7� #F ! V41 Winer Ave.,Hantingtorl i3each,CA.52649 RESOLUTION NO, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUNSET BEACH SANITARY DISTRICT-, ORANGE COUNTY, CALIFORNIA, DECLARING ADM ORD';RING CERTAIN TERRITORY DETACHED FROM THE SUNSET BEACH SANITARY DISTRICT WITHOUT HEARING OR ELECTION, SAID DETACH_ IMEP.T TO BE KNOWN AS HUNTINGTON HARBOUR DETACHMENT. THE BOARD OF DIRECTORS OF THE SUNSET BEACH SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, DOES H]FIEBY RESOLVE AS FOLLOWS: WHERLAS, the Local Agency Formation Commission of Orange County, C__1.' "crnia, did on the 24th day of November, 1971, approve the de-- tac}Li, nt of certain territory described as Huntington Ha:,botir De-- ta�_ht,ncnt from the Sunset leach Sanitary District, after application having beer, made for said detachment by the City of Huntington. Beach, sole owners of the property included in said detachment, and with ccnen , of the Sunset Beach Sanitary District. NOW, THEREFORE, the Board of Directors of the Sunset Beach nary District of Orange County, California, finds and determines _':flows: (a) That the territory proposed to be detached is uninhab and that no written protests have been filed and that wren rotest; fi1_•d and not withdrawn represent less than ten percent of the land owners in the territory proposed to be detached, brining not more than ten percent (10;,t) of the assessed value of lane; the-cin. That the proposed detachment will be for the interest of land owners and the present and future inhabitants within the ter- ritory proposed tit be detached. (c) That the Board. of Dix-.ctors has taken into consideration as a factor, in addi-t ion- to the factors hereinabove set forth, the Local Agency Formation ComTMission's approval of the proposed detach- ment. 4a (d) That the territory proposed to be detached is presently in the Sunset ?each'Sanitary District; is contiguous to the City of Huntington Beach, the sale owner of the property, and is not, nor is any part thereof, included in any other district. That -the Board of Directors has hereby ordered and declared the :3untington Harbour Detachment in accordance with Sec=cioz-. 56261 , of the Government rode of the State of California. That the exterior bauadaries of the territory detached are as set forth in a map and legal description attached hereto and: marked Exhibit "A" and by this reference made a part hereof. PASSED AND ADOPTED this day of January, 1972. A TTF, M cat ri- ary President r l �.X'V . ` fWA � z- f vz... ,s„F.y.a«:»+C,• �, ,'J,. c�./ «�!n'.f? 'f,.�', '.'s "1-4Aell t ; r _ � r c%71 e d x Y> ` • •r r"k � r` , ��k' r f��4��.a '��� .:� rrtz�,Ft fie'",:r� «.^Be��a: .`'l'�. .,•�,5�. ,rk},'s++ ¢ ''mil'"..,.,f�,''. F*;, e t:Xt°a�£ti f} J'.W,.H - F... .y..�M+.�+�+•.+-•r.�+rt•�ti+..a"i+u`�'•f'�Mrb�e^�'•wnb�R+Www.�,�r wr�rq`I"�' ~ I � N f�' �. 1`X`�. �'.ru��rr �1t mot. ;+JclB'�"`vr,"zi t`;."N P`�ti,•Y u+.'+w-nz.r "b•r[ ,K. .k_ +k"; *r:: t .�p�F'},�,r,gc"�-,..:i �eFtz...�C�j, y1�•Y M '� o � c x 1 _ - � .. :t• .. F.i`' a ;:,. t5: '��': . C. .'a;!'... b { • � `�. ��xv .n xa+snd�*a v.•R.n+,f., ax sr.. rJ, a � - r •.t t. 3 a'i ��+�T,�YF��,�S.'x, ,:$` r�wk l�a�'�'.::' «i C.��"%i�, .3r �giE' Cti�#�. Y+.S"F?t t.. ri:•rX4n�` 8C''ki:{`:: rc�y3�.? ��'sz�, ..�;i y I I'ss {- - Page 1�5 0,. .T,:IC�� .z'{�#sfi �''�,3'#` ss�`; �'« .rr' is SiS."„�°'a t.�-",g:'^isI .-,:.y P ;.r=,� c.•,'�'� I to l lX19 _ i Z� E%dEGU ,I-iG. jj.. i N��4 4."R-A t�1. 5. � 1a•}d.'/ ,. /; r. .> .ryr iyY. fF♦ ,.1 x. J 5. ., sZo 4 yy xx iw�a. - I'n�➢x: y. vn.S$.;_ 19'3, 2 g ,.. ? ... s �.`+ j� .. - :-�s ., < ;'::1 ... .�� .f. a `t_3 ^';+'ha ♦M s Sunset Beach Sanitary District gqtBox 302 Sunset Beach, CA 90742 Dear Dick: Enclosed is a sample resolution for th on Harbour Detachment from your District, together with a C ificat f`Completion. I tried to have these prepared in a where you would only be re- quired to fill in blanks for' Reso o ., date of adoption, signa- tures and date and signature on C etion Certificate, if you wish, to use these. The Certificate of Cow,�ieti Co wi insertion of the name of the Secretary for signature, sh d, be s orr_ .to before a Notary '11-Ptiblic. No doubt you can get someone th ti.ngton: Harbour organization, or we have two or three he t ice. It is my understandi g that ter the adoption of the resolution and completion of the Ce fica e of Completion, you will send a copy of the completion certi to $ether with a copy of the resolution.to Edim d G. Brown, Jr., axy of State, State Capital., Sacramento. In addition, when you have received from the Secretary of State the Certificate of Filing Which he will send you? together with a returned: copy of the completion certificate, you are required to send a copy of this to the Orange County Recorder for recording. I believe you should also send copies. of the completion, certificate and the reso- lution to the County Board of Supervisorsp the County Assessor and the State Board of Equalization. If you need any more.,help or if you do not have copying facilities available, feel free to call me and we will lend a hand* w Page #2 _ Sunset Leach Sanitary District -- 1/5/72 I are also sending Additional copies of the map and legal des- cription which .shouia be attached to each Certificate of Comple- tion and each resobition which you mail. Sincerely,, Paul C, :Tones City Clerk PCJyp lRal.cl.s. k; i «,w.....»,..��...x,.... w4t�t�:S.�f.��.1 ♦:�`" �:r•)-'��(2".q,..y�M�t t-</�'F",fp�rFt�;'ja��' c`'f.:� ':.".�``+J`�i.'!E..' '*'",y t n K. f # vr:�` ..a«.fi..,..+-...r...,.,,,,,.+,^,.. �.....-ti+•✓r'+y+.,..«-*'-.,».�.i.->,,..,µ+�.,...M.G...w.+s.;.>�..�.�...'s�«".r,.v.,:•+,.vn,:.+. �- � �,,• ."r.?.,t .;.`..ate+ ° ' 4 s s y _ t � � � xt � mod..i.(t .. .s --. s.., .v ♦... .- , .. Y .ta a x r RIC MW . f'�'�•. �h` y ink'. Y• aye.. � ';� •` k { '� �. M �A.k• 'yam,^ .ny � r -' •, �,-^:+�wew••.,..m.s�..rr w neF w,a�r�,•�r 5 G a - f�".r is a• N ^ ,. A * � _ x.. .sm�•u•M�n.cw++ w..44urrwrn•wM rP- a� u.+a}6 �• ,•�y � �rww•�� � P. Ar a4•K,a t, Y � B:f'.gk3*ai i'? ,.V they A,%.LeT'C-;C t :Al ,.<J n zu',�:- .`fifi'�nS�Y!ty e, n.49 } kE.';4 F. is Iont the 4t..-r .,r R y'I I` a i?Cfsa: :3 t ,:€ 'L+a Ix.Cta"e a. :iR {. rR; .y•r' si [ }f k+ .4..�4�h:x�•} 85:4 .t�a 'k.'k5'��t.�> _�sw u. ��' a ti":_ a,.... r#•, v,4PF47''y .._.'e 1`es'.�`. :% -c'C*.x.«, [rjc�s*.°, �;.p?�,- f'#'a T (IF BF"Gl 'ill, x v..:'!'. �('jy..1.= Y�i(:' ::r s-`. - .d". « +k':3#. •.,...e'.v' t „t_s. "-n a'!�i�i. %y Soil Uvm.,,ar_`,rg° e.fi,'s'-: . . 1�': .o :%}' x;,• jp.;.#`£:.c'.ly° x :' ;', ,. a.�;�..r ,�,`i?dJ i.`. ° u sir _ ,. .., .-. _ � .. "'«•�{':� ?, aka:.: �*�;. R iic.:: .:•: p •a'.X.. �k>.Z` '..{�. �"r<'. ;.«.,. S.-. ;....'� i...'f' q,, .. _Rr ...s. .,.ac :C {� ..„ }}�� �`� 9 ±s'.tE %a * .,yx s '.i::'.}? o> .e. i3 �Rk F;, _Y. ^<;y>: .'a.�'y-:�•' , a+ ..r.. ike r LAW 0FF!C£-3 vy Mho C KNAYP KNAPP HIBSERT St STEVENS JUSEPN C{,x[4.(. c.R..:_E E NSBPEFit �R$CITY NATIONAL BANK HVILDSNG sPrz•!>Itn .. ON STLVENS e0a SO?T14 DL1K$STR£E7 .•.o,RREN N GR 7S5 MAN B Ris:.s.AFM MAR,1 H LOS R.NGMEt$'.90014 "R: x RDGS T1cX1'10MZ f,21]j 62.7-6..7i MEv G ;•.NES January 13, 1.971.. HUGH.CaORL}CIN C'N RIS TIAN5'.`7 - G C<4QPO Sunset Beach SaiAtary District 17191 Pacific Coast Highway 5 Sunset Beach, Nlifcz'-nia A Re: People vs. Sunset Beach Sanitary District Orange County Superior Court No. 179990 and Agreement with City of Huntington Leach Gentlemen: Enclosed herewith is the signed original of the Agreement with Huntington Leach, which you have transmitted to this office. We have made repies for our files. We also enclose herewith a copy of our letter to Deputy Attorney General Paul J. Richmond with respect to the sair oi: the dater Quality Control. Board., Hopefully, the entire complaint would be dismissed L''out the noted for further action by us. if the complaint is not dismissed, response should be made thereto. In the event that it is necessary to make response, I would litre to discuss various alternative courses of action with you. Very truly yours, Thomas A. Doran TAD/ppr Enclosure _k AL December 233 1970. ter: Sunset Beach nitati. District BOX Sunset Beach, C i rnia ,Attention: D c rrison Deer Six The City Council of Huntington Beach, at its regular meeting held Monday, Decembf_x 21, 1970, approved an agreement: with the Sunset Beach Sanitation Di.stri,et. relative to the disposal of sewage from the District. n Encl:osed is an original and copy of said agreement w1hi.ch have r been dgly 'executed by the Mayor and City OlerL,. When execat by the Sunset Zeadh Sanitation 'District, please return s copy to dun office for our records. sincLrely yours, Paul C, Jones. City 'Olerk nor ' City of HuntingtonBeach .t?. B£sX ISO CALIFORNIA 92648 ENGINEERING TI)EPARTKENT December 15. 1970 x Honorable Mayor, and City Council City of Huntington Beacn Attention; D^vie Miller City Administrator Subject: (1) Agreement with Sunset Beach Sanitary District (2) Agreement with County Sanitation District Wo.-ll _ Gentlemen, In order to eliminate the necessity of the sewer treatment plant, located .at Warner Avenue and Pacific Coast Highway, owned and operated by Sunset Beach Sanitary District, it is proposed that Sunset Beach Sanitary District contact for the sewage treat- ment and disposal with County Sanitation District No. 11 via the city of Huntington Beach, Accordingly, transmitted herewith are .the two subject agreements. The agreement with Sunset Beach Sanitary District has been executed by their Board of Directors. The agreement with County Sanitation District No. 11 will be acted- upon by their Board subject to the approval of City Council of the city'of Huntington Beach, Very truly yours, amen R. Wheeler Director of Public Works, JRW:HBH:ae Trans. "I i 13 _ � T NGr City of Huntington Beach gyp, Fa rr P.O. BOX ISO CALIFORNIA 92648 F�QUN T`f May 13, 1970 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Gentlemen: Transmitted herewith are the following two agreements: 1) City of Huntington Beach and County Sanitation District No. 11; 2) City of Huntington Beach and Sunset Beach Sanitary District, The two agreements will make it possible for the County Sanitation District and the City to serve an area outside of the city and district boundaries, thereby paving the way for the elimination of the sewer treatment plant located on the north side of Warner Avenue easterly- of Pacific Coast highway. The agreement between the City and the County Sanitation District was approved by the Board of Directors of District No. 11 at a meeting on May 5, 1970, and hEs been forwarded to the District's Joint Boards for consideration at a meeting on May 13. The agree nlent between the City and Sunset .Beach Sanitary District was transmitted to that body on April 18, 1970, and we have had no official reply from them. Assuming that the County Sanitation District Joint Boards approve our agreement with them, approval of these two agreements by the City Council will enable the Sunset Beach Sanitary District to make connection to the City system and to eliminate the treatment plant. Per the terms of the agreements it will be necessary for the city to make a payment of $95,288 to the County Sanitation Districts for the proportional share of costs of the joint treatment and disposal facilities. Honorable Mayor and City Council May 13, 1970 Page 2 Additionally it would be necessary for the city to demolish the plant in order to construct a fire station and harbor facility on this p�ircel plus a lot being acquired from Huntington Harbour Corporation_ In effect, the city will be paying approximately $115,000 for title to the 56,600 square foot site. It is my recommendation, and the City Administrator concurs, that the Mayor and City Clerk be authorized to execute the agreements . Very truly yours, James R. Wheeler Director of Public Norks JRW:HEH:bwo F Z AGREEMENT 3 THIS AGREEMENT made and entered into by and between the CITY OF $ HUNTINGTON BEACH, a municipal corporation hereinafter referred to as CITY, and 5 i SUNSET BEACH SANITARY DISTRICT, a body corporate and politic of the State of 6 California hereinafter referred to as SUNSET, is made with reference to the 7 following facts; 8 A. CITY and County Sanitation District No. 11, hereinafter referred 9 to as DISTRICT are entering into an agreement for the transmission and treatment 10 of sewage and waste water originating from the area served by SUNSET. A copy 11 of that agreement is attached hereto as Exhibit "A" and incorporated herein by 12 this reference. 13 B. SUNSET is operating a sewerage system, serving the residents of 14 the unincorporated area of Sunset Beach, Surfside Colony, a private corporation 15 4 within the City of Seal Beach and certain lots on Sunset Island within the city 18 of Huntington Beach. 17 C. SUNSET has determined that it is in the bes'_ interests of resi- 1.8 dents of its service area to discontinue the operation of its treatment facility 19 and to secure permanent means by which sewage and waste waters collected by the 20 existing sewerage system may be treated and disposed of by utilization of facli 21 ties other than its existing treatment plant. 22 D. CITY owns, maintains and operates a sewerage system, and uses 23 the facilities of the County Sanitation Districts of Orange County and of County 24 Sanitation District No. 11 of Orange County (hereinafter sometimes referred to 26 las DISTRICT), for transmission, treatment and disposal of sewage and waste 26 water collected. 27 E. CITY desires to acquire the real property owned by SUNSET at the 28 site of the existing sewage treatment plant at Pacific Coast Highway and [darner 29 Avenue for the purpose of constructing a facility for the Fire Department and 60 Harbors and Beaches Department of CITY. 31 F. The City Cotriil of the City of Huntington Beach and the t 32 Boards of Directors of the County Sanitation Districts of Orange County and of � i I County Sanitation District No. 11 �of Orange County have found and resolved that 2 it is in the best interests of the public health, safety and general welfare of 3 the residents of the respective areas that SUNSET be permitted to dispose of 4 sewage collected by its system through CITY'S sewage lines for transmission to 5 DISTRICT'S sewage lines for treatment and disposal at DISTRICT'S treatment 6 facilities, 7 NOW, THEREFORE, for and in consideration of the mutual promises, 8 covenants, and conditions hereinafter contained, the parties hereto do hereby 9 ,'agree as follows: 10 1. SUNSET does hereby agree to convey to CITY and CITY does hereby 11 agree to accept in its present physical condition, the real property described 12 in the deed which is attached hereto as Exhibit "B", and based on the appraisal 13 of such property by George Hamilton Jones, M.A.I., dated August 4, 1970, CITY 14 wili allow SUNSET a credit toward the purchase of capacity rights in the amount 15 of $127,900 in exchange for said property. 16 2. SUNSET shall pay to CITY $30,912 for the difference in cast of 17 purchasing capacity rights, to wit: $158,812, and the value of the real prop 18 erty being conveyed, to wit: $1271.900. The $30,912 shall be paid on or before 3.9 April 1, 1976 and shall bear interest at the rate of seven percent (7%) per ann- 20 um from the date of this agreement. Upon execution of this Agreement, CITY 21 shall have the right to connect SUNSET'S sewer line to CITY'S sewer line. The 22 parties shall open an escrow with First American Title Insurance Company in 23 conformity with the terms of this Agreement,.and in particular: 24 a. SUNSET shall cause to be deposited in said escrow, a deed to 25 the ,aforementioned realty in the form attached hereto as Exhibit "B".. 26 b. SUNSET shall cause to be deposited in said escrow a standard 27 policy of title insurance issued by First American Title Insurance Company 28 showing title vested in the City of Huntington Beach with liability equal to 29 $127,900 subject only to exceptions approved by CITY. 30 c. Upon completion of the connection of sewerage systems contem- 31 plated by this Agreement, CITY shall cause to be deposited in escrow a written 32 certification acceptable to SUNSET wherein CITY and DISTRICT certify that the f 2 t 1 the connection of the SUNSET sewerage system and CITY sewerage system and in- 2 stallation of flow regulator and recording and totalizing meter, as required 3 herein, are completed in conformity to specifications of DISTRICT and CITY. 4 i d. Deed to the real property shall be delivered to the CITY and 5 escrow shall close upon completion of the conditions of the escrow and written 6 notification to escrow holder by SUNSET that the sewerage system as modified by 7 the connection to CITY sewerage system is operational. 8 e. CITY shall have the right to possession of the said real 9 property ten (10) days after close of escrow and SUNSET may removal all per- 10 sonal property and equipment from said plant site at the end of said ten (IQ) 11 day period. 12 f. Costs of escrow are to be borne equally by the parties; any 13 tax assessments or insurance premiums are to be pro-rated as of the close of 14 escrow. 15 g. It is understood that there is now pending in the Superior 16 Courts for the County of Orange, Case No. 166580 "Huntington Harbour Corporation 17 vs. Sunset Beach Sanitary District" and that SUNSET expressly reserves and ex- 18 cepts from this transfer all rights to damages upon the Crops-Complaint in the 19 referenced action. It is further understood that CITY shall incur no liability 20 whatsoever, nor bear any legal responsibility as a result of said case. 21 3. CITY agrees to accept and transmit from SUNSET'S sewer lines from 22 !he point of connection in Warner Avenue sewage and waste water originating from 23 within the territorial limits of SUNSET as they existed on January 1, 1971, to 24 the lines of County Sanitation District No. 11 for transmission to the joint 25 treatment facilities operated by County Sanitation District No. 11 of Orange 26 County upon the conditions of this Agreement. CITY hereby represents and 27 warrants that it has reached agreement with DISTRICT expressly for the benefit 28 of SUNSET that DISTRICT shall accept said sewage originating from SUNSET and 29 that CITY will execute said Agreement concurrently with this Agreement, and 30 further warrants that CITY will not make any default under said agreement, a 31 copy of which agreement is attached hereto as Exhibit "�A", and incorporated 32 herein by this reference. 1 4. SUNSET shall bear the sole cost of extending th-_ force main 2 easterly from SUNSET'S connection to the treatment plant approximately ninety 3 five (95) feet to a point directly north of the existing city manhole in Warner 4 Avenue. CITY shall bear the sole cost of making the required connection of 5 SUNSET'S sewage lines to CITY'S sewage lines in Warner Avenue. The said con 6 nection shall be completed in accordance with the plans and specifications 7 approved by DISTRICT, at no cost whatsoever to DISTRICT. 8 5. CITY shall pay to DISTRICT $158,812 as payment for SUNSET'S g proportionate share of capital costs of the joint treatment and disposal faci- 10 lities and lines of DISTRICT, and said payment shall constitute the purchase, 11 on behalf of SUNSET, of a permanent average treatment capacity of 250,000 gal- 12 lons per day (with a permissible peak flow treatment capacity of 416,000 gal- 13 lons per day) in the plants and lines of DISTRICT for SUNSET'S sewage and waste 1$ water. Said capacity right shall be in the existing treatment atld disposal 15 facilities and any replacement, modifications by way of decrease or increase in 16 capacity, or alteration whatsoever, Peak flow is defined as the maximum rate 17 of waste water flow which is sustained for fifteen-t. ite intervals expressed 18 in gallons per twenty-four-hour. day. 19 6. In the event the territory, or any part thereof, served by SUNSET 20 or any part thereof, annexes to CITY on or before January 1, 1976, CITY agrees 21 that the conveyance of the real property described in Exhibit "B" will satisfy 22 and discharge in full all of the requirements existing at the time of annexa- 23 tion for payment of sewer connection fees to CITY. 0n the happening of such 24 event, no capital contribution whatsoever shall be required of SUNSET for ac 25 quisition of capacity in the sewerage lines of CITY. Should the aforementioned 26 annexation occur after January 1, 1976 the sewer connection fees will commence 27 at 20% of normal requirement for the first year thereafter and increase 20% 28 annually so that after January 1, 1981 100%connection fee would be required.. 29 7. a. SUNSET agrees to pay to CITY Five Dollars ($5.00) per million 30 gallons of sewage flow as determined by the meter required in Paragraph 11 of 31 this agreement in lieu of taxes, as SUNSET'S share of the cost of maintenance 32 nu operation of CITY'S sewer lines, pump stations, and all other facilities �. -4- ' i I which will be required for the transmission of SUNSET'S sewage from the point 2 of the SUNSET-CITY connection_ to the point of the CITY-DISTRICT connection, 3 Payment shall be made annually on the total flow as herein determined for the 4 period July 1 through and including June 30 of each year during the term of 6 this Agreement, and payment shall be made to CITY on or before the l0°h day of 6 July for each preceding period. 7 b. In the event that the area served by SUNSET, or any part 8 thereof, annexes to CITY, the aforesaid charge of Five Dollars ($5,00) per 9 million gallons shall cease and terminate as to those portions of the area that 10 annexes, effective on the date of annexation. As to any area not annexing, 11 flow meters as required in Paragraph 11 of the Agreement shall be installed to 12 meter the flow of said areas, and a charge of Five Dollars ($5.00) per million 13 gallons of flow shall be payable to the CITY. 14 8. In the event the territory served by SUNSET, or any part thereof, 15 annexes to DISTRICT on or before January 1, 1976, CITY will provide a credit of 16 $52,937.33, with DISTRICT on the costs of annexation to DISTRICT as determined 17 at the time of annexation. In the event the cost of annexation exceeds 1.8 � $52,937.33, such additional monies will then be paid by SUNSET. In the event 19 costs are less than $52,937.33, no refund will be made. Should the aforement 20 ioned annexation occur after January 1, 1976, the $52,937.33 credit will be 21 reduced 207 annually. 22 9. SUNSET agrees to reimburse CITY for the following charges imposed 23 by DISTRICT upon CITY: 24 a, $40 per million gallons of measured sewage as determined by 23 the meter required in Paragraph 11 of this Agreement. Said rate shall prevail 26 until December 31, 1972, at which time, and annually thereafter, said rare may 27 be adjusted by DISTRICT to proportionately reflect increased or decreased costs 28 to DISTRICT in processing said sewage; provided, however, that the rate estab- 29 lished shall not be in excess of the lowest rates available to any existing or 30 prospective discharger under like conditions of service, and it is agreed that 31 SUNSET shall be billed at the lowest available rate for similar conditions of 32 service. Said charge shall be calculated as of March 31, June 30, September 30, 1 -5- „9 3 1 f I and December 31 of each year and payment made to CITY by the tenth day of the 2 month following each such calculation. 3 b. $4,764.26 as reimbursement to CITY of the annual capital cost 4 replacement charge imposed upon CITY by DISTRICT, which charge represents 5 SUNSET'S proportionate share of annual capital. cost replacement in DISTRICT'S 6 facilities. Said annual capital cost replacement charge is in lieu of taxes 7 imposed by DISTRICT on territory served by SUNSET, and in the event that the 8 said territory, or any part thereof, annexes to DISTRICT, said charge shall 9 cease and terminate proportionate to the portions annexing, at the date of 10 annexation. The sum required by this Paragraph 9b shall be payable to CITY on 11 the first day of July of each and every year during the term hereof, commencing 12 July 1, 1971. 13 C. It is understood and agreed that CITY is collecting the above 14 fees and costs for and on behalf of DISTRICT and it is understood and agreed 13 ` that CITY shall have the duty to collect said fees and costs provided, however, 16 that DISTRICT shall have the power to directly enforce the payment of such costs 17 and fees against SUNSET, upon SUNSET'S default of any payment required by 18 Paragraph 9 of this Agreement. 19 10. In the event the territory currently served by SUNSET or any 20 portion thereof does not annex to CITY on jr before January 11 1981, CITY shall 21 nonetheless ccritinue to accept and transmit sewage and waste water originating 22 from SUNSET on the terms and conditions of this Agreement. 23 11. It is the intent of this Agreement to provide or make available 24 seurerage services on a permanent basis to all areas served by SUNSET on January 25 1, 1971. In the event that any portion of the area served by SUNSET annexes 26 to CITY and/or DISTRICT, it is agreed that CITY shall continue to accept sewage 27 from any and all nonaanexing areas if the said areas so choose, on the terms of 28 this Agreement; provided, however, that the capacity available shall be reduced 29 to that proportion of the total capacity as the acreage of the nonannexing area 30 bears to the total acreage of the area served by SUNSET. The costs .provided for 31. in Paragraph 7 and 9 of thin Agreement will be borne by the nonannexing areas 32 for measured sewage accepted from the said area, Gallonage flows for purposes .6.. 1 4 k 1 of calculating the aforementioned charges shall be determined by flow meter or other mutually agreeable means: 3 12. CITY shall cause to be installed and maintained at CITY'S expense 4 a flow regulator ai.d recording and totalizing meter capable of measuring the 6 quantities of waste water and sewage discharged from SUNSET'S collection system 6 through the sewage system of CI'Y. Said meter shall be of a kind and type 7 approved by DISTRICT and shall be installed in such location as DISTRICT may 6 designate. Snid meter shall be subject to inspection and testing by DISTRICT, 9 CITY and SUNSET, and shall be read at such times as any party hereto may desig- 10 ate. The costs of installing, reading, maintaining and testing said flow regu- 11 lator and meter as required by DISTRICT or CITY shall be borne by CITY. All 12 costs for testing, inspecting or reading requested by SUNSET shall be borne by 13 SUNSET. ZA_ 1 13. Notwithstanding Paragraph 5 hereof, SUNSET shall have the right 15 to discharge into CITY'S lines and treatment facility additional sex.*age and 16 waste waters in excess of the limitations of Paragraph 5 in the event emergency 17 conditions make such action. necessary, subject to the capacity of CITY lines 16 and facilities. SUNSET agrees to continue its efforts, as far as practicable, 19 to reduce infiltration of ground water and sea water into its sewerage system. 20 14. It is acknowledged that the existing capacity of the CITY and the 22 DISTRICT oerage systems are limited; however, if such capacity is r.-;,ailable 22 from CITY and DISTRICT, SUNSET shall have the right to purchase additional 23 capacity on terms then available to any other existing or prospective dischar- 24 ger under like conditions of service. 26 15. It is recognized that pursuant to expressed public policy of 2$ national, state and local governments, that it may be appropriate and necessary 27 for DISTRICT to provide facilities for the improvement of the degree of treat- `8 event in advance of the imposition of regulatory requirements. It is also rec 29 ognized that any federal, state, regional or local regulatory body or agency 30 having jurisdiction may hereafter require additional facilities not now provided 31 at DISTRICT'S treatment and disposal. facilities.. SUNSET agrees to bear a pro- 32 portionate;sha::e in the audited cost of any capital investment reasonably { -7 l I required for such additional facilities. SUNSET'S participation shall be in 2 the proportion that SUNSET'S total capacity right to the total treatment and 3 disposal capacity of the DISTRICT plant bears to the total audited capital 4 costs. If any expenditure pursuant to this Paragraph 15 shall increase total 5 treatment and disposal capacity of DISTRICT, SUNSET shall have the right to 6 same portion of the total increased capacity of the DISTRICT'S facilities as it 7 had in the capacity prior to any such expenditure. 8 16. Should DISTRICT at any time suspend all or part of CITY'S use of the existing and/or expended facilities of DISTRICT o .`i. exercise by CITY of 10 all or part of its treatment and disposal rights, due to the fault of SUNSET, 3.1 CITY shall not be responsible for nor incur any liability whatsoever to SUNSET. 12 To the extent that the cost of penalties and/or repair work can be attributed 13 to the fault of SUNSET, SUNSET shall reimburse CITY for costs incurred by the 14 latter relative to penalties paid by CITY for quality criteria violations as 16 assessed by DISTRICT and for repair costs paid by CITY to DISTh_ `n repair 16 existing and expanded facilities caused by the discharge of waste water. 17 111. This contract may be enforced by CITY, DISTRICT, or SUNSET. 1.8 (Rest of Page Not Used) 20 21 22 23 24 25 26 27 28 29 30 3 32 s r I 1 f IN WITNESS WHEREOF, the parties hereto have executed this Agreement 2 by their duly authorized officers the day and year hereinafter set forth. 3 4 6 CITY OF HUNTINGTON BEACH, a municipal corporation, 6 an�OAQL ,7 By Mayor S 9 ATTEST: za city C1 12 13 APPROVED AS TO FORM: 14 15 Deputy City Attorney 16 17 DATED: 19� ].8 SUNSET-EACH SANITARY DISTRICT 19 20 BY %Grfy�l �� `t f1�c 21 22 y sr 23 24 25 ova,' efi 26 ? _ _ ,• 28 t 99 r 1 � 30 31 32 -9- { 4 A G R E EME1iT I THIS AGREEMENT is :wade and entered into by and between the CITY OF 2 HUNTINGTON BEACH, ;a municipal corporation, hereinafter referred to as CITY, 3 ar_d COUNTY SANIAiA'TION DISTRICT NO. 11, hereinafter referred to as DIST-�L%uT. 4 WHEREAS, CITY intends to eater an Agreement with the SLINSET BFkCH SANITARY 5 DISTRICT, hereinafter referred to as SUNSET, for the connection of the 'SUNSET sewer lines to CITY sewer lines, and for the acceptance of the SUNSET sewage 7 through said CITY lingo into the DISTRICT'S sewer lines, and, 8 CITY and DISTRICT desire to enter an agreement to permit CITY to enter ' 9 the above-described agreement with SUNSET, and it is in the best interests of IQ the residents of SUNSET, CITY and DISTRICT and in the best interests of the 11 public health, safety and general welfare of said residents that SUNSET be 12 permitted to dispose of its sewage through. CITY'S lines and into DISTRICT'S 13 lines for treatment and disposal•, 14 NOW, THEREFORE, CITY and. DISTRICT do hereby mutually agree as followst is That at such time as CITY shall complete the connection of SUNSET'S 16 sewage lines to CITY sewage lines, approximately sixty (60) days from the date 17 of this agreement, DISTRICT shall accept sewage from SUNSET subject to the 1 conditions hereinafter set forth: 1� 1. Said sewer line connection shall be completed in accordance with the 24 plans and specifications approved by DISTRICT, at no cost to DISTRICT. 21 2. Said sewer line connection shall convey sewage and waste water 22 originating within: the territorial limits of SUNSET as they exist on January 1, 23 1971, and from no otk,er area. 24 3. CITY shall, cause to be installed and maintained at CITY'S expense a . 25 flow regulator and a recording and totalizing meter capable of measuring the 6 quantities of wastewater discharges from SUNSET'S collection system for 7 disposal through the sewage facilities of DISTRICT Said flow regulator shall 28 be set so no floe in excess of SUNSET'S capacity rights can be discharged from 99 SUNSET. Said meter shall, be of a kind and type approved by DISTRICT and shall 3'3 be installed in such .lor-ation as DISTRICT`may designate.. Said -teeter shall be subject to such. inspection 04,11 tang by DISTRICT' As it may require and shall be read. Ott su(1h t1im. a7* All costs IM§T.: ay from time to time designate i; } db j 1 for installing., reading, maintaining and testing said flow regulator and meter 2 shall be borne by CITY 3 4. CITY shall pay to DISTRICT annually, beginning on-December 31, 1971, 4 and on December 31st of each succeeding year thereafter until December 31, 1972, 5 an amount equal 4o $40.90 per million gallons of measured waste water from 6 SUNSET. After December 31, 1972, said cost may be pxopoitionately adjusted 7 to reflect increases or decreases in the treatment and disposal costs of waste 8 water to DISTRICT. 9 5. CITY shall pay to DISTRICT $158,812 of which $105,874.67 is payment 10 to DISTRICT for acquisition of capacity rights in the joint treatment and 1.1 disposal facilities of DISTRICT for an average treatment capacity of 250,000 12 gallons per day (with a permissible peak flow treatment capacity of 416,000 1.3 gallons per day) for SUNSET'S sewage and wasto water, and $52,937.33 of which 14 is payment for capacity rights in DISTRICT'S conveyance iacilities for said 15 floevs. Peak flow'i.s.defined as the maximum rate of waste water which is sus- 16 twined for fifteen-minute intervals expressed as gallons per twenty-four-hour , 1.7 e ay. 1s CITY shall pay $10,000 of execution of this contract, and the remaining l9 amount of $148,812 on or before April 1, 1976. The balance due shall bear 20 interest at the rate of seven percent (7%) per annum, which shall be due and 21 payable on April. 1, 1976. In addition thereto, beginning January 1, 1971, 22 and annually thereafter, as an. annual capital cost replacement charge, CITY P3 .hall pay to DISTRICT three percent (3%) of $158,812, to wit: the sum of $4,164,26, of which $1,116,14 is payment to DISTRICT for capital cost replace- 25 ment of joint treatment and disposal facilities, and $1,588.12, of which is for 26 capital cost replacement of DISTRICT cowfeyance facilities. 27 6. If said territory or .any part thereof is annexed to DISTRICT on or 28 before January 1, 1976, a credit of $52,937.33 shalt be allowed said territory 29 on the DISTRICT'S annexation. fee.; Upon annexation to DISTRICT, Paragraph 4 30 of this agreement and the aforementioned annual capital cost replacement charge 31 will no longer be applicable,. Should the aforementioned annexation occur after t 32 January 1 1916'. the $52,937,33 credit .gill be- reduccEad 20% annually thereafter. g, i F iy s l 7. It is recognized that pursuant to expressed public policy of national, 2 state and local governments, it may be appropriate and necessary for DISTRICT to provide facilitie: for the improvement of the degree of treatment in advance of the imposition of regulatory requirements_ It is also recognized that any federal, state, regional or local: regulatory body or agency having jurisdiction may hereafter require additionalfacilities. CITY, on behalf of 7 SUNSET, shall participate in the proportion which CITY'S total capital invest- 8 ment hereunder bears to DISTRICT'S total investment for treatment and disposal j g facilities in the audited cost of any capital investment reasonably required ft 2.0 for the provision of such additional facilities. l 11 � 8. Quality Criteria A11 waste water shall conform, at all times, to 12 � all applicable regulations by DISTRICT with respect to acceptability of 13 industrial waste waters originating within DISTRICT. 14 9. Quality Violations - In the event the waste water delivered by CITY- I6 into the existing and expanded facilities of DISTRICT' fails to meet said 18 Quality Criteria, and said violation constitutes a threat to the safety and 17 continued operation of existing or expanded facilities of DISTRICT, DISTRICT 18 reserves the right upon twenty-four (24) hours' notice in writing to suspend 19 all or part of CITY'S use of the existing and expanded facilities of DISTRICT 20 and to suspend the exercise by CITY of all or part of its treatment and 21 disposal right until such time as said waste water complies with said Quality 22 Criteria. In the event that CITY continues to discharge waste water in viola- 2Z tion of said Quality Criteria twenty-four (24) t,ours after receipt of notice 24 in writing to correct or remedy said violation, CITY shale. pay to DISTRICT 28 a penalty in the sum of $100.00 per million gallons of waste water so dis- 2.$ charged in violation of said criteria. In addition thereto, CITY shall pay 27 to DISTRICT the cost, as reasonably determined and certified by DISTRICT of 28 repairing any damage to .DISTRICT'S existing and expanded facilities caused by 29 the discharge of waste hater, after receipt of such notice either to suspend 30 or correct, from C1TV$ Aystem, in violation of said quality Criteria. 31 10. CITY As?:l have the,`dut�, to collect lees atttt costs he,reinabove provided for to h lra3d` y ITI3SI'.'P. iioro�e rnc�t #th tandiitg C41V$l;;duty, r r l a { ANNE F 1 DISTRICT shall have the power to enforce the agreement to be executed con- 2 currently berewith between CITY and SUNSET, copy of which is attached hereto 3 and marked Exhibit "l." 4 In the event of a dispute of the terms and conditions of this agreement 6 or the necessity of resorting to court action for the enforcement of the terms 6 and provisions hexeof, the prevailing pasty to ant such action shall be entitle } 7 to reasonable attorney's fees andcosts from the other party or parties to 8 said action, the same to be assessed by the court having jurisdiction thereof. 9 IN WITNESS WHEREOF, the parties hereto have executed this agreemen.. by 10 duly authorized officers the day and year hereinafter set forth. 3.1 DATED: January 13 , 19 ?Z , 12 COUNTY SANITATION DISTRICT NO. 11 14 aismatrt B-a ofDire t0 1 � By ' 16 •e ret , B of Directors 17 is DATED: 19 CITY OF HUNTINGTON BEACH, a (5 municipal corporation, 21 By Mayor 22 ATTEST: 23 24 25 City zk 26 APPROVED AS TO 'FORM: 27 28 29 Deputy City Attorney 3A SIGNATURES APPROVED, BY; 332 Y A � T AMM EXHIBIT "B" Legal Description That parcel of Land as shown on a Record of Survey recorded in Book 7, Page 20, Record of Surveys, Orange County, California. Excepting therefrom that portion dedicated for street purposes. I F , . 4 > h s orl y ✓Trv, OP*i t N , .yIA,4 a r����, �r;r� � ,1z a'iH 9 v vi• r.'4 e0 .0�P"nt L OFA. ✓Ik'd-" �".:�'lrSfC �'?N'' A.4m"r - d3# C .-`.atOt,�,�,r GA3?l . h^f+ t} #1a.& a>r GS#f!>Cr1 trbTk', At1?104IV >r .. }�(� � 1 ' 1fi7N'�R,+Jbeiu � q A F ♦ _ G..] ' LtS!AfP .. ASu ' � qyr +o'✓4irM 'F H �.Y'3 A k'.t tT hb > � x ' tf 3 t ¢or P 9.4 �: y h £l Sw.wp ✓F ��a pFf K++�>•"h 3Yf IY .,e�FN :, � y r ' ^M✓ .... wlaWh y�t.,. •4h.✓ a(- '8.",II 5 �� .,. .� ` c ri ;j D i} } 1� } L AME:Nl1'"ENT TO 73GREE'i'�I.C+NT 2 The following is and shall, constitute all amendment, to, 8 that atvreerment entered into on January 13, 1971 by and between 4 the CITY OF HUNTINGTON BEACH, a municipal corporation, here x'j_.. 5 after referred to as CITY, and COUNTY SANITATION DISTRICT NO, .11, t;er,vjnafter referred to as DISTRICT. 7 Said agreement 1s a;:ended as follows r � The date referred to In Section 5, page 2, line 21 ,t i' said agreement to wit January 1, 1971, shall be revized 10 to ,1uly 1 , 1971. r 11 f DATED: May 12 , 1971. COUNT. SANITAT ',.w! NO. 11 a(411612 � i i y�0.haiv :;, (' By �e• ry, .1i rectors 17 DATED:: - �. S 1971. � CITY OF HUNTIN TON BEACH, a municipal corporation �U Hy_ Mayor f 21 ATTrST: 22 23 City 1 e:rite 2i APPROVED AS TO FORM: 25 27 Y Deputyt Attorney SIGNATURES APPROVED BY: 28 29 3G 31 } 82 .+ s4 _ ,Y.'•, v' "tF"�'i1rt2'}.I, t£'.+"'w S4 ip}b'{'f Sx ,i P...