Agreement - OCSD 6 - 8/13/1990t 90- 426802
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
County Sanitation Districts
of Orange County, California
PO Box 8127
Fountain Valley, CA 92728 -8127
EXEMPT
C12
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
-39.5 PM AUG 13'90
RECORDER
Space Above This Line For Recorder's Use Only
MAIL TAX STATEMENTS TO:
County Sanitation Districts
of Orange County, California
PO Box 8127
Fountain Valley, CA 92728 -8127
Exempt from Recording Fees
Governmental Acquisition
Government Code Section 27383
AGREEMENT
THIS AGREEMENT, is made and entered into, to be effective
this day of 1990, by and between:
AND
COUNTY SANITATION DISTRICT NO. 6 OF
ORANGE COUNTY, CALIFORNIA, hereinafter
referred to as "Sanitation District ";
COSTA MESA SANITARY DISTRICT, herein-
after referred to as "Sanitary District"
32ND AGRICULTURAL DISTRICT, hereinafter
referred to as "Agricultural District".
RECITALS
WHEREAS, Sanitation District is the owner of certain
property, easements and sewerage facilities granted to it
September 6, 1955, by Deed from the United States of America; and
WHEREAS, said sewer facilities are located on the former
Santa Ana Army Air Base and are within the area served by the
Costa Mesa Sanitary District; and
1
Y 6
WHEREAS, the Sanitation District, by lease dated November 23,
1960, leased portions of said property, easements and sewerage
facilities to the Sanitary District; and
WHEREAS, portions of said sewer facilities, and other sewer
facilities constructed by the Sanitation District and shown on a
Record of Survey, are located on the Orange County Fairgrounds
which are owned by the 32nd Agricultural District; and
WHEREAS, the parties now desire to have portions of said
property, easements and sewerage facilities transferred to the
Sanitary District and the 32nd Agricultural District; portions
retained by the Sanitation District; and portions abandoned by the
Sanitation District; and
WHEREAS, with the exception of one sewer and associated
easement, the property, easements and sewerage facilities referred
to in this Agreement are described in a Consent Instrument between
the United States of America and County
6 of Orange County, California, recorded
Sanitation District No.
March 14, 1961, in Book
5656, Page 308, of Official Records of Orange County, California;
and
WHEREAS, the remaining sewer and easement is shown in Detail
C of the Record of Survey, recorded in Book 29, Page 5, Records
of Survey, Orange County Recorder; and
WHEREAS, all of such property, easements and sewerage
facilities are shown on Exhibit "A ", attached hereto and
incorporated herein by reference.
NOW, THEREFORE, the parties hereto agree as follows:
2
Section 1: Sewers and Easements to be Transferred to
Sanitary District
Sanitation District hereby conveys to Sanitary District those
portions of the easements, and sewerage facilities located
thereon, described in Consent Instrument between the United States
of America and County Sanitation District No. 6 of Orange County,
California, recorded March 14, 1961, in Book 5656, Page 308, of
Official Records of Orange County, California, described as
follows:
A. That portion of the easement, and sewerage facilities
located thereon, described as "Parcel No. 2" on Page 5 of said
Consent Instrument that is located south of the north boundary of
Fair Drive.
B. That portion of the easement, and sewerage facilities
located thereon, described as "Parcel No. 6" on Page 6 of said
Consent Instrument that is northerly of Station "E ";
C. That portion of the easement, and sewerage facilities
located thereon, described as "Parcel No. 7" on Page 6 of said
Consent Instrument beginning at Station "E" and continuing thence
East 362.5 feet;
D. That portion of the easement, and sewerage facilities
located thereon, described as "Parcel No. 7" on Page 6 of said
Consent Instrument that lies southerly from the first manhole
approximately 334 feet northerly of Station "G ", said manhole
being shown on a Record of Survey recorded in Book 29, Pages 5 and
6, of Records of Survey, Orange County, California, and north of
the southerly boundary of Arlington Drive.
3
E. The easement, and sewerage facilities located thereon,
described as "Parcel No. 8" on Page 6 of said Consent Instrument.
Section 2:
Sewers and Easements to be Transferred to the
Agricultural District that are Described in
Consent Instrument
Sanitation District hereby conveys to the Agricultural
District those portions of the easements, and sewerage facilities
located thereon, described in Consent Instrument between the
United States of America and County Sanitation District No. 6 of
Orange County, California, recorded March 14, 1961, in Book 5656,
Page 308 of Official Records of Orange County, described as
follows:
A. That portion of the easement, and sewerage facilities
located thereon, described as "Parcel 7" of Page 6 of said Consent
Instrument that lies southerly of the south boundary of Arlington
Drive, except for the southerly 1272.7 feet thereof.
B. Upon Sanitary District connecting the sewer described
in Section 1A of this Agreement to the existing Sanitary District
line in Fair Drive within the next ten (10) years, Sanitation
District conveys that portion of the easement, and sewerage
facilities located thereon, described as "Parcel 2" on Page 5 of
said Consent Instrument that is located north of the north
boundary of Fair Drive to the Agricultural District.
Section 3: Sewer and Easement to be Transferred to the
Agricultural District that are Shown on Record
of Survey
Upon completion of Future Sewer Contract No. 6 -12, as shown
on Exhibit "A" attached hereto, within the next ten (10) years,
4
Sanitation District also conveys to Agricultural District that
portion of the easement, and sewerage facilities located thereon,
constructed by Sanitation District and described as a 10 foot
easement and 18 inch VCP sewer line shown in Detail C of the
Record of Survey recorded in Book 29, Page 5, Records of Survey,
Orange County Recorder.
Section 4: Sewers and Easements to Remain Under Sanitation
District Ownership
Sanitation District shall retain and continue to operate
until no longer needed by Sanitation District, those portions of
the easements, and sewerage facilities located thereon, described
in Consent Instrument between the United States of America and
County Sanitation District No. 6 of Orange County, California,
recorded March 14, 1961, in Book 5656, Page 308, of Official
Records of Orange County, California, described as follows:
A. The easement, and sewerage facilities located thereon,
described as "Portion of Parcel No. 1" on Page 5 of said Consent
Instrument.
Section 5: Sewers, Easements and Property to be Abandoned
by Sanitation District
Sanitation District shall conduct proceedings to abandon
those portions of easements, sewerage facilities located thereon,
and related equipment described in Consent Instrument between the
United States of America and County Sanitation District No. 6 of
Orange County, California, recorded March 14, 1961, in Book 5656,
Page 308 of Official Records of Orange County, California,
described as follows:
5
A. The easement, and sewerage facilities located thereon,
described as "Parcel No. 3" on Page 5 of said Consent Instrument;
B. That portion of the easement and sewerage facilities
located thereon, described as "Parcel No. 6" on Page 6 of said
Consent Instrument that is southerly of Station "E ";
C. That portion of the easement and sewerage facilities
located thereon, described as "Parcel No. 7" on Page 6 of said
Consent Instrument that commences 362.5 feet east of Station "E"
and continues to a manhole located approximately 334 feet north
of Station "G ", such manhole being shown on the Record of Survey
contained in Book 29, Pages 5 and 6 of Records of Survey, Orange
County, California;
D. A sewer pump station site, and related facilities,
described as "Parcel No. 9" in said Consent Instrument;
E. All personal property described in Part III on Page 7
of said Consent Instrument.
Section 6: Responsibilities of Sanitary District and
Agricultural District
Except as provided in Section 7, by execution of this
Agreement, Sanitary District and Agricultural District hereby
accept the transfer of ownership and assume all future
responsibility for the operation and maintenance of the sewer
facilities transferred to them by Sections 1 through 3 of this
Agreement.
Section 7: Responsibilities of Sanitation District
Sanitation District shall be responsible for the operation
and maintenance of the sewer facilities retained by it pursuant
6
to Section 4 of this Agreement and shall also be responsible for
the abandonment of the facilities referred to in Section 5 of this
Agreement within a reasonable time after execution of this
Agreement. In addition, Sanitation District shall be responsible
for all the operation and maintenance, other than routine
maintenance, on sewer facilities transferred pursuant to Sections
1 through 3 of this Agreement, for a period of five (5) years from
the date of this Agreement.
Section 8: Waiver of Claims
Sanitation District, Sanitary District and Agricultural
District hereby waive all claims and demands against each other
for any loss, damage or injury of any kind or character to any
person or property, arising from the transfer, retention or
abandonment of sewer easements, property and facilities pursuant
to this Agreement, except to the extent occasioned by the sole
negligence or willful misconduct of the parties or their agents
or employees.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
',SANITATION DISTRICT', COUNTY SANITATION DISTRICT NO. 6
OF ORANGE COUNTY, CALIFORNIA
By
Chairman, Bard of Directors
B + i
Secretary, oard of Directors
(Signatures Continued on Page 8)
7
APPROVED AS TO FORM:
THOMAS L. WOODRUFF
DISTRICT COUNSEL
By
6-0(1-4e,
',SANITARY DISTRICT,'
COSTA MESA SANITARY DISTRICT
APPROVED AS TO FORM:
By
General Counsel
',AGRICULTURAL DISTRICT', 32ND GRICULTU L DISTRICT
By
President
c:
Sec et ry
APPROVED AS TO FORM:
By
General Counsel
Q \319.cj
05/11/90
8
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE
On this
04' day 9�l
D da of � , 1 , before me,
the undersignedettLe6Ld a Notary Publi in and or said State, personally
appep1rggd�� undersigned,
1" ua pi►p TC r�tr �✓ and
R / 159- S w,v �e.¢�a+T •spepe fpy , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as Chairman and
Secretary, on behalf of County Sanitation District No. 6 of Orange
County, California, and acknowledged to me that County Sanitation
District No. 6 of Orange County, California executed the within
instrument pursuant to its by -laws or a resolution of its Board of
Directors.
WITNESS my hand and official seal.
(Seal)
OFFICIAL SEAL
PENNY KYLE
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
My Comm. Expires Sept 1, 1992
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
90?'-
On this f.DtL day of -7V4 -V , 19�, before me,
the undersigned, a Notary Public in and for said State, personally
appeared 'NT-Mad _d.u.11 &1,[,1L°d-a(/adkr.7LefyA��J ,rJ and
A,e c.y J'. 9�( .t1, ..fee,�4- - -x� , personally known to me (or
prover temp -t �e —bass satis- to be the
persons who executed the within instrument as Chairman and
Secretary, on behalf of the Costa Mesa Sanitary District, and
acknowledged to me that Costa Mesa Sanitary District executed the
within instrument pursuant to its by -laws or a resolution of its
Board of Directors.
WITNESS my hand and official seal.
(Seal)
IPM1esi1111111nlCian111a11e11falenl11teiasM
"OFFICIAL SEAL ■
R.ORINE T. REICHLE
NOTARY PUBLIC CALIFORNIA!
PRINCIPAL OFFICE IN
ORANGE COUNTY •
*Commission Expires July 17, 1992
Notary Public
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this 29 day of June, 1990 , xlc9cgc9c, before me,
the undersigned, a Notary Public in and for said State, personally
appeared Tom W. Thomson xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx and
Norbert J. Bartosik xxxxxxxxxxxxxxxxx , personally known to me (6k
paxmamicxtexmusuommxthex3mastscxeSxaAtAWMAIRAIxxeqkd41406y to be the
persons who executed the within instrument as Chairman and
Secretary, on behalf of the 32nd Agricultural District, and
acknowledged to me that the 32nd Agricultural District executed the
within instrument pursuant to its by -laws or a resolution of its
Board of Directors.
WITNESS my hand and official seal.
(Seal)
OFFICIAL SEAL
LOUISE W JOHNSON
NOTARY PUBLIC - CALIFORNIA
ORANGE 'COUNTY
My comm. expiras MAR 29, 1591 i
Notary Publi
IN
• y. -e n
EXHIBIT "A"
6A IG/1 ST.2BET
FUTURE
CONTRACT
NO. G -/Z
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CO,a.ST
COLLEGE
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FA/RGiEO[/NOS
PAW DE.
CM5C 70 CONNECT
70 EX/ST /NG CMSO LINE
�v
No SCALE _
i•.•s- SEWERS ISEASEMEN75
TO BETRANSFERIZE0 To
42237-A ME54 £4N /7 4. y CST.
wappov . — SBbi/ERS # EASEMENTS
TO QEMA /N UNOEQ SAN/ -
TAT/ON D/57: OWNERCAV
IIIIOOIIIIIH 11 —.5E 1ERS, EASEMENTS
PROPER/( TO BE AS4/v-
CoNEO ar SAN /TAT/CN D/S7
'— SE4/ERS, EASEMENTS 4
PROPERTY 70 S5 TRANS -
PER E'D 70 32 AGRI-
CULTURAL INSTR/CT.
AGREEMENT BETWEEN •
COooNTY SAN /TAT /ON DISTRICT Ito. Co OP OR14 /VCE cOc /NTY
COSTA MESA SAN /TARY D/STR /cT AND
321741 AG/CULTURAL DISTRICT.
/0 -25 -88