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HomeMy WebLinkAboutApprove and authorize execution of a Deed Notice for the Clo Dept. ID PW 16-043 Page 1 of 2 Meeting Date: 8/1/2016 g CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/1/2016 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 Deed Notice for the Closed Huntington Beach City Landfill located near the intersection of Goldenwest Street and Talbert Avenue (Sports Complex) Statement of Issue: The Santa Ana Regional Water Quality Control Board adopted General Waste Discharge Requirements Order No. R8-2013-0010 (Order) for Closed, Abandoned, or Inactive Landfills within the Santa Ana Region. This requires the City of Huntington Beach as property owner of the Closed Huntington Beach City Landfill located within the Central Park Sports Complex to file a Deed Notice with the Recorder of the County of Orange for the prior use of the property as a solid waste disposal site so this is documented with the title for the property. Financial Impact: No funding is required. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the Deed Notice for the Closed Huntington Beach City Landfill; and, B) Record the Deed Notice for the Closed Huntington Beach City Landfill with the County of Orange Recorder's Office. Alternative Action(s): Do not approve the Deed Notice for the Closed Huntington Beach City Landfill and direct staff on how to proceed. Analysis: In June 2013, the Santa Ana Regional Water Quality Control Board adopted General Waste Discharge Requirements Order No. R8-2013-0010 (Order) for Closed, Abandoned, or Inactive (CAI) Landfills within the Santa Ana Region. The Order prescribes requirements for site inspection, monitoring and reporting, and post-closure maintenance at CAI Landfills. The Order also requires the City of Huntington Beach as property owner of the Closed Huntington Beach City Landfill.to file a deed notice with the Recorder of the County in which the CAI Landfill is located, to identify the prior use of the property as a solid waste disposal site so that it is recorded with the title of the property. The Deed Notice shall include a property description and a map that identifies the location of the former solid waste disposal site and shall state the site is subject to this Order. HB -75- Item 5. - 1 Dept. ID PW 16-043 Page 2 of 2 Meeting Date: 8/1/2016 Public Works Commission: Not applicable. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable—Administrative Item Attachment(s): 1. Deed Notice for the Closed Huntington Beach City Landfill. Item 5. - 2 xB -76- Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 1H 11 IE�III III II I III�$i 11�III II NO FEE PLEASE COMPLETE THIS INFORMATION * $ R 0 0 0 8 5 7 2 9 4 8 $ RECORDED AT REQUEST OF 2016000355267 2:15 PM 08102/16 AND WHEN RECORDED MAIL TO: 63 406 DI 4 CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 Attn:Terri Elliott P.O. Box 190—2000 Main Street Huntington Beach,CA 92648 MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE Same as above Exempt from Recording Fees per Govt Code Sections 6103 and 27383 DEED NOTICE n CLOSED HUNTINGTON BEACH CITY LANDFILL THIS DEED NOTICE ON REAL PROPERTY("Notice") is made �Lc.ST d/ , 2016, by the CITY OF HUNTINGTON BEACH (CITY), a municipal corporation of the State of California. This Notice is to be recorded in the same manner as are deeds and other interests in real property in accordance with CA Government Code Section 27320-27337. RECITALS: WHEREAS, CITY is the owner of that certain real property whose address is 18120 Goldenwest Street, Huntington Beach, CA 92648,consisting of portions of the following APNs and associated abbreviated Legal Descriptions from Digital Map Products: • APN 111-071-54: PORTION OF THE NW1/4, SEC 35,T5S, R11W IN THE RANCHO LAS BOLSAS • APN 111-09-55: ALL OF BLOCK A AND ALL OF BLOCK B,TRACT 296, FILED IN BOOK 14, PAGE 19 OF MISCELLANEOUS MAPS • APN 111-071-56: PORTION OF THE NW1/4, SEC 35, AND A PORTION OF THE SW1/4, SEC 26, BOTH LOCATED IN T55, R11W IN THE RANCHO LAS BOLSAS; and The aforementioned real property is subject to The California Regional Water Quality Control Board, Santa Ana Region, regulations governing nonhazardous solid waste landfills which are included in the California Code of Regulations,Title 27, Division 2,Subdivision 1, Consolidated Regulations for Treatment, Storage, Processing, or Disposal of Solid Waste (Title 27); and Subject to Title 27 in accordance with the Closed, Active, and Inactive (CAI), Waste Discharge Requirement (WDR) Order No. R8-2013-0010, F. Provisions, No. 10 as required by The California Regional Water Quality Control Board,Santa Ana Region: "The Property Owner shall file a deed notice with the Recorder of the County in which the CAI Landfill is located, which identifies the prior use of the property as a solid waste disposal site. The notice shall include a property description and a map that identifies the location of the former solid waste disposal site and shall state the site is subject to this Order. Confirmation of recordation and a copy of the deed notice shall be provided to the Executive Officer within 120 days of a Discharger's coverage under this order"; and The following property description and map is presented herein to satisfy the above requirement to identify the location of the former solid waste disposal site and to state this former solid waste disposal site is subject to WDR Order No. 118-2013-0010, F. Provisions, No. 10: RLS 7/6/1616-5339/139492_2/PD 1 PLEASE COMPLETE THIS INFORMATION RECORDED AT REQUEST OF AND WHEN RECORDED MAILTO: CITY OF HUNTINGTON BEACH Attn:Terri Elliott P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE Same as above Exempt from Recording Fees per Govt Code Sections 6103 and 27383 DEED NOTICE CLOSED HUNTINGTON BEACH CITY LANDFILL THIS DEED NOTICE ON REAL PROPERTY("Notice") is made�A(W.ST d/ 2016, by the CITY OF HUNTINGTON BEACH (CITY), a municipal corporation of the State of California. This Notice is to be recorded in the same manner as are deeds and other interests in real property in accordance with CA Government Code Section 27320-27337. RECITALS: WHEREAS, CITY is the owner of that certain real property whose address is 18120 Goldenwest Street, Huntington Beach, CA 92648, consisting of portions of the following APNs and associated abbreviated Legal Descriptions from Digital Map Products: • APN 111-071-54: PORTION OF THE NW1/4, SEC 35,T5S, R11W IN THE RANCHO LAS BOLSAS • APN 111-09-55: ALL OF BLOCK A AND ALL OF BLOCK B,TRACT 296, FILED IN BOOK 14, PAGE 19 OF MISCELLANEOUS MAPS • APN 111-071-56: PORTION OF THE NW1/4, SEC 35, AND A PORTION OF THE SW1/4, SEC 26, BOTH LOCATED IN T5S, R11W IN THE RANCHO LAS BOLSAS; and The aforementioned real property is subject to The California Regional Water Quality Control Board, Santa Ana Region, regulations governing nonhazardous solid waste landfills which are included in the California Code of Regulations,Title 27, Division 2,Subdivision 1, Consolidated Regulations for Treatment,Storage, Processing, or Disposal of Solid Waste (Title 27); and Subject to Title 27 in accordance with the Closed,Active, and Inactive (CAI), Waste Discharge Requirement (WDR) Order No. R8-2013-0010, F. Provisions, No. 10 as required by The California Regional Water Quality Control Board, Santa Ana Region: "The Property Owner shall file a deed notice with the Recorder of the County in which the CAI Landfill is located, which identifies the prior use of the property as a solid waste disposal site. The notice shall include a property description and a map that identifies the location of the former solid waste disposal site and shall state the site is subject to this Order. Confirmation of recordation and a copy of the deed notice shall be provided to the Executive Officer within 120 days of a Discharger's coverage under this order"; and The following property description and map is presented herein to satisfy the above requirement to identify the location of the former solid waste disposal site and to state this former solid waste disposal site is subject to WDR Order No. R8-2013-0010, F. Provisions, No. 10: RLS 7/6/1616-5339/139492_2/PD 1 Property Description: The City-owned parcel of the former Gothard Street Landfill is presently known as the former Huntington Beach City Landfill located in the City of Huntington Beach near the intersection of Goldenwest Street and Talbert Avenue. Available records indicate that the first developed use of the former landfill area was•sand and gravel mining up until 1947. During the period from 1947 to 1962 the County operated the land as an unlined, approximately 33-acre landfill for waste disposal activities. Based on historical records maintained by the County,the types of waste reportedly disposed of at the former landfill during this 15-year period consisted of the following: • 1947 to 1956—burnt waste and debris (area operated as an open trench burn dump) • 1956—1962—non-hazardous municipal solid (Class III) waste and construction debris (area operated as a refuse disposal station) In June of 1962,the County closed the landfill in accordance with regulatory requirements for landfill closure in effect at that time. This included the placement of a soil cover on top of the waste disposal area. In December of 1963,the County deeded approximately 21.5 acres of the northern and western portion of the former landfill area to the city for park use, and retained ownership of the remaining 11.5 acres on the southeast side. In 1975 the City constructed the former police shooting range to the west of the former landfill area and in 2001 constructed an irrigated sports complex (with irrigated grass baseball and soccer fields, concession stands, restrooms, and asphalt parking lots) on the City-owned property to the north and west. Presently, the area is primarily known as the Huntington Beach Central Sports Complex. Map: See Exhibit A—Site Layout Map, Former Huntington Beach Landfill, City Owned Parcels. IN WITNESS WHEREOF, the CITY has executed this Notice the day and year first above written. APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH a municipal corpora 'on of the State of California C' Attorney Michael E. Gates V4yorJim Katapo r ib City Clerk Robin Estanislau RLS 7/6/1616-5339/139492_2/PD 2 w � i *Rog 0 CQ LLJ LL— r � I � w � a- - W O ✓ y, L � '' W LLj 1 IJ O LL W o z = Z 0 � w w � a !— LL w Z � z � ct� z � � ,- Q a w � � � a. ¢ w w �: 7- z �0C� Ua Fo � J 0Clw = p zO � H_ aoo � �m � . acmU- u uaa � x A notary public or other officer completing this certificate verifies only_the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On August 2, 2016 before me, P. L. Esparza, Notary Public, personally appeared Robin Estanislau and Jim Katapodis who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P. L. ESPAR2A WITNESS my hand and official seal. commission#2032750 a =a Notary Public-California i Z Orange County My Comm. Expires Aug 4,2017 (Seal) (Notary Signatu