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HomeMy WebLinkAboutOCSD - Orange County Sanitation District - 2012-11-05i Council/Agency Meeting Held:_ —.5^ — D /- Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Zoo Cler s Sig ture Council Meeting Date: November 5, 2012 Department ID Number: PW 12-060 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution and recordation of a Quitclaim Agreement with Orange County Sanitation District (OCSD) to transfer 103 linear feet of Sanitary Sewer line from the Orange County Sanitation District to the City of Huntington Beach Statement of Issue: Submitted for City Council approval is a Quitclaim Agreement between the Orange County Sanitation District (OCSD) and the City of Huntington Beach to transfer 103 linear feet of sanitary sewer line on Newland Street from OCSD to the City. Financial Impact: There is no cost involved in the transfer of the line from OCSD to the City. There will be minimal maintenance costs associated with this line due to the short length. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute and record the "Quitclaim Sewer Transfer Agreement Between the Orange County Sanitation District and the City of Huntington Beach" to transfer 103 linear feet of sewer line on Newland Street from the Orange County Sanitation District to the City of Huntington Beach. Alternative Action(s): Do not authorize the Mayor to sign and City Clerk to execute the Quitclaim agreement and direct staff accordingly. Item 10. - 1 HB -378- REQUEST FOR COUNCIL ACTION MEETING DATE: 11/5/2012 DEPARTMENT ID NUMBER: PW 12-060 Analysis: The Orange County Sanitation District (OCSD) approached the City to assume ownership of a 103 linear foot section of sanitary sewer line located on the centerline of Newland Street from approximately 60 feet south of the centerline of Hamilton Avenue to 163 feet south of the centerline of Hamilton Avenue. OCSD has made numerous changes to their trunk sewer collection system in this area. Due to these changes, this line only serves a limited number of City businesses and provides no benefit to any services outside of the City of Huntington Beach. As a result, OCSD has requested that the City assume ownership of the line. There is no cost involved in the transfer of the line from OCSD to the City. This line is 18 inches in diameter, which is the largest size that the City can maintain with current equipment. Staff acknowledges that there will be operational costs to maintain the line, but anticipates that the costs will be marginal as no additional equipment will need to be purchased to maintain the line and the line is short. Environmental Status: Not Applicable Public Works Commission Action: Not Applicable Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. I"Quitclaim Sewer Transfer Agreement Between the Orange County Sanitation District and the Citv of Huntington Beach" HB -379- Item 10. - 2 I -ATTACHMENT #1 Item 10. - 3 HB -380- City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk November 15, 2012 Orange County Sanitation Attn: Ann Crafton 10844 Ellis Avenue District Fountain Valley, CA 92708 Dear Ms. Crafton: Enclosed please find the original Quitclaim Sewer Transfer Agreement Between Orange County Sanitation District and the City of Huntington Beach" transferring 103 linear feet of Sanitary Sewer line from OCSD to the City. Upon complete execution, please return the original to us for recordation, and we will return a complete copy to you for your records. Please mail the documents to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Feel free to contact me if there are any questions or concerns at (714) 536-5404. Thank you very much for your assistance. Sincerely, Jo L. Flynn, CM City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk -Recorder RECORDING REQUESTED - BY AND RETURN TO IIIII IIIII III �� IIII IIIII IIIIIIII IIII �� ����� IIIN0 FEE ORANGE COUNTY SANITATION DISTRICT P. O. Box 8127 2013000001347 12:09pm 01/02/13 Fountain Valley, California 92728 93 406 Al2 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 Attn: Clerk of the Board (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 Z-q7-t' day of 16#-2012 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" and shown visually in Exhibit "B" attached hereto. In the event of an apparent discrepancy between Exhibit "A "and Exhibit "B", Exhibit "A" shall control. 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 This document Is solely for the official buss of the City of Huntington Beech, as contemplated under Govemsrient Code Sec. 6103 and should be recorded fire of change. 714533.1 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 APPROVED AS TO FORM JENNIFER McGRATH, City AUOMV By Paul VAlwalm A,oiotant City Attamay APPROVED AS TO FORM A4 / � �,0141 0 � �, h BRADLEY R. HOGIN GENERAL COUNSEL [SEWER TRANSFER AGREEMENT BETWEEN ORANGE HUNTINGTON BEACH] CITY OF HUNTINGTON BEACH By Printed Name: Donald F H nsen, Jr. Title: Mayon %n Date: // 1 , CITY OF HUNTINGTON BEACH y: Print ame: Joan L. Fly 6/ Title: City Clerk Date. - ORANGE COUNTY SANITATION DISTRICT By Printed Name: L-a�&Il [ �`� ?0GpvC_> Title: Chair of the the Board of Directors Date: kI 2,8 ORANGE COUNTY SANITATION DISTRICT By: Printed Name: Maria Ayala Title: Clerk of the Board Date: (1Itz11?, NTY SANITATION DISTRICT AND THE CITY OF 714533.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of a''`qG J IQ On'Dex-. iZ 2_C%2, before me, b6ot.-fa �. ®►�a �o �t����G� Date Here Ilisert Namb and Title of the Offic r personally appeared Vim_ of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e} whose name(e} islam subscribed to the within instrument and acknowledged to me that he4s y� executed the same in his/ eir- authorized capacity4e6), and that by his/4e4hei- signature(.&) on the instrument the person(e), or the entity upon behalf of which the person(.) acted, executed the instrument. MARIA ELVA AYALA Commission # 1974631 1 certify under PENALTY OF PERJURY under the i Notary Public - California i laws of the State of California that the foregoing Orange County ' paragraph is true and correct. My COMM. Expires Apr g. ^niF WITNESS my hand and official seal. Signature: Place Notary Seal Above ignatur f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual M. ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • National Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT State of California County of On 1I9 Al • �, 6941A before me, Datee X personally appeared P. L. ESPARZA _ Commission # 1857021 Q -'� Notary Public - California z Orange County My Comm. Expires Aug4, 2013 Place Notary Seal Above and Title of who proved to me on the basis of satisfactory evidence to be the persono whose named -is re ubscribed to the within instrument and acknowledged to me that the executed the same in-his/he hei authorized capacit les and that by Ns/hereir ignature(gon the instrument the persor�s, or the entity upon behalf of which the persor(r�s 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. WITNES m icial al. Signature 1 Sidnature040 tary Pifblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .. • _ thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT -, OF SIGNER' .. of thumb here ©2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402-www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Exhibit A List ®f Assets SEWER TO BE TRANSFERRED Located on centerline of Newland Avenue from approximately 60 feet south of the centerline of Hamilton Avenue to 163 feet south of the centerline of Hamilton Avenue. MANHOLE IDENTIFICATION NUMBERS AND DISTANCES DOWNSTREAM MH UPSTREAM MH DIAMETER (IN.) FOOTAGE (FT.) SLOPE C ST0060-0100 C ST0060-0101 18 13.00 0.0024 CST0060-0101 CST0060-0105 18 90.00 0.0024 TOTALS: Number Manholes: im Linear Feet: =90 Manhole to be retained by Orange County Sanitation District 8/15/2012 -11 Subject Sewers 103' total to be transferred to the City of Huntington Beach CST0060-0105 Exhibit B OCSD Proposed Sewer Transfers to City of Huntington Beach - Newland Avenue NOT -TO -SCALE Disclaimer 0 Manhole to be transferred to City of Huntington Beach Map Map prepared by Orange County Sanitation Dist stfctThis map s intended for graphical re presentat on only. .�` Sevier to be transferred to City of Hundngton Beach No level of accuracy Is claimed for the base mapping shown hereon and graphics should not be used to obtain -ordinate values, bearings or distances 0 OCSD manholes to be retained OCSD sewers to be retained Source: OC ig t 2 Data � Created: Augusst 012 Esparza, Patty From: Davis, Chris Sent: Thursday, November 15, 2012 3:38 PM To: Esparza, Patty Subject: Quitclaim Patty — Got you voice message. Please send the quitclaim to: Orange County Sanitation District 10844 Ellis Avenue, Fountain Valley, CA 92708 Attn: Ann Crafton Thanks. Let me know if you need anything else. Chris