HomeMy WebLinkAboutExecution of a Quitclaim Agreement to transfer ownership of 7
Dept.ID PW 13-064 Page 1 of 1
Meeting Date: 10/21/2013
P�dY� 7 -�
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 10/21/2013
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 of a Quitclaim Agreement to transfer ownership
of an Orange County Sanitation District (OCSD) Sewer Manhole and Lateral,
located on Magnolia Street, between Hamilton Avenue and Pacific Coast
Highway (PCH), to the City
Statement of Issue: A Quitclaim Agreement is required in order for the Orange County Sanitation
District (OCSD) to transfer ownership of a sewer manhole and lateral to the City.
Financial Impact: Not Applicable
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "Quitclaim Sewer Transfer
Agreement between Orange County Sanitation District and the City of Huntington Beach."
Alternative Action(s):
Do not approve the Agreement and direct staff on how to proceed.
Analysis: The OCSD is in the process of abandoning an existing sewer manhole, located on
Magnolia Street, between Hamilton Avenue and Pacific Coast Highway that is ancillary to their
regional system and currently serves no value to them. The City would like to maintain the sewer
manhole and downstream lateral, as it is located adjacent to undeveloped property and may be of
value in the future to the City's local sewer network. This transfer of ownership requires that both
agencies enter into an agreement in order to transfer ownership.
Environmental Status: Not applicable
Strategic Plan Goal: Improve the City's infrastructure
Attachment(s): "Quitclaim Sewer Transfer Agreement between Orange County Sanitation District
and the City of Huntington Beach." (2-copies)
HB -35- Item 3. - I
ATTACHMENT # 1
Item ; _ z Hd ,6
This Document was.electronically recorded by
OC Sanitation. Dist
Recorded inOfficial Records,Orange County..
RECORDING REQUESTED Hugh Nguyen,Clerk-Recorder;:
BY AND RETURN TO
ORANGE.-COUNTY SANITATION DISTRICT I��IIuIIUI�WII�WUWII�VWIIIUu��Idu�I�II��NO FEE
P.O.'Box 8127 u
Fountain Valley, California 92728. 201300064.1232 02:33pm 1112111.3
276 402 Q01 F13 6
0.00 0.00 0.00 0.0015.00 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 /4/ S_
QUITCLAIM SEWER TRANSFER AGREEMENT BETWEEN
ORANGE COUNTY SANITATION DISTRICT.AND THE ` Q�/6raJQG
CITY OF HUNTINGTON BEACH. " 0 48ln1
THIS AGREEMENT for the :transfer of certain sewers and appurtenant_facilities (hereafter,
"Agreement").is made and.entered into this:.;2 `fir day.of , 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 - .
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. No'ces
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(1)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
CITY OF HUNTINGTON BEACH {
By: a tiM Jb
Printed Name: Connie Boardman
Title: Mayor
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Date: October 21, 2013
CITY OF HUNTINGTON BEACH
is
Printed e: Joan L. Flynn
Title: City Clerk
Date: October 21, 2013 .
ORANGE COUNTY SANITATION DISTRICT :
By.
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Printed Name: Troy gar s.
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Title: Chair-of the Beard of Directors
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Date: [ [ ZC�►.1;3
ORANGE OUNTY SrgNMATIO1 RISTRICT '
Printed ame: la v2jI�IrV—rplm
Title: Cleric of the Board
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Date: 121/ I
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[SEWER TRANSFER AGREEMENT BETWEEN ORANGE COUNTY SANITATION DISTRICT AND THE CITY OF
HUNTINGTON BEACH]
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APPROVED AS TO FORM
JENNIFER,M�GRA m�'
714533:I B ,4p
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Deputy city Atmm� L�
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ACKNOWLEDGMENT
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STATE OF CALIFORNIA ) i
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COUNTY OF ORANGE ) '
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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
I
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.
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P.t.ESRAId 2032750
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WITNESS my hand and official seal. Notary comm'sslon Pubtic-Caetorna
Orange County
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ACKNOWLEDGMENT
State of California
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County of Orange)
On November 20, 2013 before me, Kelly A. Lore, Notary Public s
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personally appeared Troy Edgar
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed 4
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
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
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KELLY A.LORE s
WITNESS my hand and official seal. commission#19393aa
s Notary Public=California a
Orange County
OWComm..Ex IretJun 30,2015
Signature Seal)
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Title or Type of Document: Quitclaim Sewer Transfer
Document Date: October 21, 2013 Number of Pages
Other Information: k-
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® City Of Huntington Beach
x 2000 Main Street ® Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
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`f877 jg09 A Office of the City Clerk
Joan L. Flynn, City Clerk
October 24, 2013
Orange County Sanitation District
ATTN: Ann Krafton
PO Box 8127
Fountain Valley, CA 92728-8127
Dear Ms. Krafton:
Enclosed are originals two originals entitled "Quitclaim Sewer Transfer Agreement
Between Orange County Sanitation District and the City of Huntington Beach."
Upon execution and recordation, please return one original to:
Joan L. Flynn
City Clerk
2000 Main Street
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
v
Joan L. Flynn, CMC
City Clerk
JF: pe
Enclosure: Agreements
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
Esparza, Patty
Full Name: Ann Krafton
Last Name: Krafton
First Name: Ann
Job Title: R/W
Company: Orange County Sanitation District
Business Address: PO Box 8127
Fountain Valley, CA 92728-8127
United States of America
Business: (714) 593-7601
i
o City of Huntington Beach
'_'20o Main Street ♦ Huntington Beach, CA 92648
N _9 PM �(7 ) 536-5227 ♦ www.huntingtonbeachca.gov
I Office of the City Clerk
t L i ^ ' Joan L. Flynn, City Clerk
October 24, 2013 -T
Orange County Sanitation District
ATTN: Ann Krafton
PO Box 8127L(��ZC� `�� J
Fountain Valley, CA 92728-8127
Dear Ms. Krafton: l 6 S(i.ed 6L
Enclosed are originals two originals entitled "Quitclaim Sewer Transfer Agreement -P
Between Orange County Sanitation District and the City of Huntington Beach."
oto Ut w e-i -)
ypon execution-and-recordation-,-please return`one<ori_ginal-to___,,
.Joan L. Flynn
'Lity Clerk
2000 Main Street
Huntington Beach CA 92648 '4
Your attention to this matter is greatly appreciated. ® "D
r 7/4) K/3-13 3/
Sincerely,
w
Orange County Sanitation District
Joan L. Flynn, CMC
City Clerk ;
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JF: pe - - —
Enclosure: Agreements Ann Crafton direct:(714)593-7331
Principal Financial Analyst eman:acrafton@ocsd.com
10844 Ellis Avenue
Fountain Valley,CA 92708-7018 www.ocsd.com
Sister Cities: Anjo, Japan A Waitakere, New Zealand
1 1 n District
_ Orange COunt�San tat® c ,
u 10844 Ellis Avenue,Fountain Valley,CA 92708
. (714)962-2411 www.ocsewers.com
November 21, 2013
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° . Thomas Howard,Executive Officer —
State Water Resources Control Board
P.O. Box 100
° Sacramento, CA 95812-0100
i
° - SUBJECT: Orange County Sanitation District Local Sewer Transfer, WDID No. 8SS010640 I
This letter is submitted as notice to the Executive Director of a local sewer transfer. As
required by the State Water Resources Control Board Order No.2006-0003-DWQ, Section
° - H, Change in Ownership the following information is submitted.
1) Written agreement between the existing and new Owner;
a. Enclosed is the written Quitclaim Deed between Orange County
Sanitation District (OCSD) and the City of Huntington Beach.
2) Specific date for the transfer;
a. On November21, 2013, OCSD transferred 21.1 linear feet of its local sewers and
one manhole to the City of Huntington Beach.
th -'A -_
3) Acknowledgement that the existing owner is liable for violations up to the transfer
date;
a. OCSD acknowledges that we are liable for violations up to the transfer date.
w b 4) The new owner is liable after the transfer date;
a. City of Huntington Beach acknowledges that they are liable for violations after
the transfer date.
5) No SSOs have occurred in the local sewers being transferred.
° .o. 6) The respective SSMPs, Maps,and Questionnaires for the existing owner and new
owner should be updated accordingly.
o,u a. OCSD has updated its respective SSMPs, Maps,and Questionnaire.
i.
.° If you have any questions or comments, please feel free to contact me at (714) 593-7210.
The staff person working on this issue is Dindo Carrillo and he may be reached at
(714) 593-7476.
I
I Nicholas . Arhontes, P.E.
Director, Facilities Support Services
1
NJA:pe
H:kleptVss\3101StaMcrAonWly RAS fileslLocal Sewer Transfer in Huntington Beach�201311-21 Magnoria Manhole TransferN201
oJ�sv saeirgr�o - 11-21 SWRCB notificationof sewer transfer
Qom. Enclosure(s): Recorded Quitclaim Deed between OCSD and City of Huntington Beach
cc: Kurt Berchtold, Executive Officer,Santa Ana Regional Water Board (w/enclosures)
Russell Norman, SWRCB(w/enclosures)
Victor Lopez, SWRCB (w/enclosures)
Carolyn Emery, OC LAFCO (w/enclosures)
;#J
y We protect public health and the environment by providing
y}st effective wastewater collection, treatment, and recycling.
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 111111111MMIMINEIIIIINO FEE
P. 0. Box 2013000641232 02:33 m
Fountain Valley, California 927213 278 402 Q01 F13 8 P 11/21113
0.00 0.00 0.00 0.0015.00 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 day of gEg, 2013 by and between
Orange County Sanitation District, a public co rattan, ("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