HomeMy WebLinkAbout1976-09-21· CGUNTY SANITATION DISTRICTS
OF ORANGE COUNTY, CALIFORNIA
P. 0. BOX 8127, FOUNTAIN VALLEY. CALIFORNIA 92708
10844 ELLIS AVENUE (EUCLID OFF-RAMP, SAN DIEGO FREEWAY)
September 16, 1976
NOTICE OF ADJOURNED REGULAR MEETING
DISTRICT NO. 5
TUESDAYJ SEPTEMBER 21J 1976 -5:30 P.M.
NEWPORT BEACH CITY HALL
3300 NEWPORT BOULEVARD
NEWPORT BEACHJ CALIFORNIA
TELE PH ON ES:
AREA CODE 714
540-2910
962-2411
Pursuant to adjournment of the regular meeting of September 8, 1976, the
Board of Directors of County Sanitation District No. S will meet in an
adjourned regular meeting at the above hour and date.
The purpose of the meeting is to further consider terms of providing
sewerage service by District No. 5 for the down-coast area.
JWS:rb
_ ~ BOARDS OF DIRECTORS
II
County Sanitation_ Districts
of-Orange County, California
(I) Roll Call
DISTRICT No. -5
ADJOURNED REGULAR MEETING
SEPTEMBER 21, 1976 -5:30 P.M.
NEWPORT BEACH CITY HALL
Post Office Box 8127
10844 Ellis Avenue
Fountain Volley, Calif., 92708
Telephones:
Area Code 71-i
5-i0-2910
962-2-il 1
AGENDA
(2) Report of General Counsel re proposed agreement with The Irvine
Company and the Irvine Ranch Water District relative to conditions
for annexation of the down-coast area to the District
(3) Discussion re conditions of annexation
(4) Consideration of Resolution No. 76-176-5, authorizing initiation of
proceedings to annex approximately 3,430 acres of coastal territory
between Corona del Mar and Laguna Beach to the.District (Proposed
Annexation No. 7 -Irvine Coastal Area Annexation to County
Sanitation District No. 5), and incorporating conditions therefor
See page "A"
(5) Consideration of Resolution No. 76-177-5, establishing conditions
and approving agreement with The Irvine Company and the Irvine Ranch
Water District relative to annexation of the down-coast area to the
District, in form approved by the General Counsel. See page "B"
(Copy of agreement enclosed with agenda material)
(6) Other business and communications, if any
(7) Consideration of motion to adjourn
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"A-1" 32
RESOLUTION NO. 76-176-S
AUTHORIZING INITIATION OF PROCEEDINGS--ANNEXATION
HO. 7 -IRVINE COASTAL AREA A!-."'NEXATION .
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO. 5, OF ORANGE COUNTY,
CALIFORNIA, AUTHORIZING THE INITIATION OF
PROCEEDINGS TO AN!IBX TERRITORY TO THE DISTRICT
(ANNEXATION NO. 7)
The Board of Directors of county sanitation District No. 5
of Orange county, California,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
That an application for ann~xation of territory to itself
be made to the Local Agency Formation Commission as follows:
Section 1. That this proposal is made pursuant to Division
·'
1 (District Reorganization Act of 1965) of Title 6 of the Govern-
·ment Code of the State of California; and
Section 2. That this application is. ·for the purpose of
annexing approximately 3,442 acres in the vicinity of corona
del Mar and Laguna Beach commencing adjacent to the southerly.
boundary of the City of Newport Beach as requested by The Irvine
C~mpany, owner of said property; and
Section·~3. That the territory to be annexed is u."ninhabited:
and .
Section 4. That the designation assigned to the territory
proposed to be annexed is "Irvine Coastal Area Annexation", the
boundaries of which are more particularly described and delineated
ori· Exhibit "A" and Exhibit "B", attached hereto and by reference
made a part bf this resolution; and
Section S. That provisions for all fees required to be paid
as a condition of ·the annexation must be satisfied prior ~o
completion of annexation proceedings, together with the execution
of the Agreement between The.Irvine company and Irvine Ranch
Water District: and
II AGE~DA ITEM #4 -DISTRICT 5 "A-1"
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Section 6. This approval is expressly conditioned upon the
performance.of each of the following conditions:
(a) Payment of annexation fees for 1,535 acres at a
rate of $1,394.00 per acre for a total of $2,139,790.00;
(b) Execution of an agreement between District, The
Irvine Company and Irvine Ranch Water District providing
for the deferral of a portion of annexation fees for
1,907 acres of undeveloped property within the annexed
territory, and providing further for the immediate payment
of additional annexation fees for said area in the event of
transfer.of interest from The Irvine Company to any other
person, entity, or ·agency; and .
(c) In the event any portion of the territory to be
annexed hereunder, is subsequently annexed or requested by
Irvine, or its successor, to be annexed to any incorporated
city, other than the city of Newport Beach, Irvine or its
successor shall concurrently therewith request an:initiation
proceeding with the Local Agency Formation commission of
orange county for deannexation or detachmen~ of the same
territory from District. Irvine and its successors shall
further agree to consent to Qnd file no objections or
protests to such deannexation/detachrnent proceedings.
Section 7. That request is hereby made that such proceedings
as required by law be taken to complete this annexation.
PASSED AND ADOPTED at a regular meeting held
----~~~~--~
1976.
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AGENDA ITEM #4 -DISTRICT 5 '~A-2"
"B"
RESOLUTION NO. 76-177-5
APPROVING AGREEMENT WITH TIIE IRVINE COMPANY
AND IRVINE RANCH WATER DISTRICT RE ANNEXATION
OF DOWN-COAST AREA TO DISTRICT
I
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 5 OF ORANGE
COUNTY, CALIFORNIA, ESTABLISHING CONDITIONS
AND APPROVING AGREEMENT WITH THE IRVINE COMPANY
AND IRVINE RANCH WATER DISTRICT RE ANNEXATION
OF DOWN-COAST AREA TO THE DISTRICT
* * * * * * * * * * *
WHEREAS, District No. 5 has authorized the initiation of annexation
p.roceedings subject to certain conditions; and,
WHEREAS, in accordance with the conditions of approval of said
annexation, an agreement has been prepared by and between the DISTRICT, THE
IRVINE COMPANY, and IRVINE RANCH WATER DISTRICT; and,
WHEREAS, the District has determined that the agreement as submitted is
in the best interest of the District.
NOW, THEREFORE, the Board of Directors of County Sanitation District No. 5
of Orange County, California,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. That the certain agreement attached hereto as Exhibit "A" is
hereby approved; and,
Section 2. That the Chairman and Secretary of the District be and are
hereby authorized and directed to execute said agreement on behalf of the
District.
AGENDA ITEM #5 -DISTRICT 5 "B"
,-......
Agenda lt~m J~o._...___, __
AGREEMENT
THIS AGREEMENT is made and entered into this day of
~~~~~~~~~~
, 1976, by and between:
COUNTY SANITATION DISTRICT NO. 5
OF ORANGE COUNTY, CALIFORNIA,
hereinafter referred to as
"District";
THE IRVINE COMPANY, a West Virginia
corporation, hereinafter referred
to as "Irvine"; and
IRVINE RANCH WATER DISTRICT, herein-
after re.ferred to as "IRWD".
W I T N E S S E T H : ----------
WHEREAS, in accordance with applicable provisions of law
and the resolutions and· policies of District, Irvine has filed
an application to annex certain real properties to District for
purposes of receiving sewer services for said properties; and
WHEREAS, Irvine has filed application with the Orange
County Local Agency Formation Commission for approval of the
annexation to District; and
WHEREAS, Irvine proposes to annex 3,442 acres of land
(hereinafter referred to as "Territory") to District; and
WHEREAS, presently-approved plans for land use development
provide for a maximum of 1,535 acres to be developed with the
remaining 1,907 acres to be kept intact as natural open space;
and
WHEREAS, Irvine has proposed to immediately pay all current
annexation charges for the land to be 'developed and to request
a deferral of the annexation charges for the 1,907 acres of
open_space; and
WHEREAS, District has determined that annexation of the
"Territory" to District can only be in the best interests of the
other property owners and taxpayers of the District if the
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organization and_directorship of the District remains intact as
pr~sently,constituted; and
WHEREAS, District, Irvine and IRWD have each undertaken
studies to determine the feasibility and desirability of
annexing said "Territory" to District; and
WHEREAS, it has been determined by District, Irvine and
IRWD that it is necessary to execute an-agreement pertaining
to the respective rights, duties and obligations, both presently
and prospectively, of each of the parties hereto.
NOW, THEREFORE, in consideration of the mutual promises
and covenants herein contained, the parties hereto agree as
follows:
l._ Irvine and IRWD shall comply with all provisions of
Re.solution No. 75-15-5 of District pertaining to the annexation
policy of the District.
2. District agrees that as to the 3,442 acres of area
requested to be annexed by Irvine, and which is more particularly
shown on the map attached hereto as Exhibit "A", and incorporated
herein by reference, District will initiate annexation proceed-
ings, seek approval by the orange County Local Agency Formation
Commission and thereafter diligently pursue all other pro-
ceedings and procedures to completion.
3. IRWD may provide local sewers and facilities within
the "Territory" in order to provide service to the developed
areas.
4. IRWD and Irvine acknowledge that District was created
and exists pursuant to the county Sanitation District Act
(California Health and Safety Code Sections 4700 et~.).
5. IRWD and Irvine acknowledge that IRWD is not a sanitary
district as that term is defined and intended by the County
Sanitation District Act and therefore is not entitled to select
and appoint a member to the governing board of District
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as prescribed by said Act {Section 4730).
. 6. Irvine shall concurrently with the execution of this
Agreement or on the date of final approval of said annexation,
whichever is later, pay to District annexation fees in the
sum of TWo Million, One Hundred Thirty-Nine Thousand, Seven
Hundred Ninety and 00/100 {$2,139,790.00) Dollars. These fees
are payable on the basis of the current rate of one Thousand,
Three Hundred Ninety-Four and 00/100 {$1,394.00) Dollars per
acre for the 1,535 acres proposed to be developed within the
annexation territory.
7. Annexation fees that would be due for the 1,907 acres
of annexed territory that will remain undeveloped sh~ll be
deferred until such time or upon occurrence of such events
as provided below.
8. In the event Irvine gets further approval from_ the
County of Orange or other governing agency to develop portions
of the annexed territory in excess of the 1,535 acres, annexa-
tion fees of the District then in force shall become due and
payable prior to any connection to the District's system.
9. Based upon existing approvals of land use by the County
of Orange, it is contemplated that Irvine will develop the
1,535 acres in those designated areas shown on the map attached
hereto as Exhibit "A". However, it is acknowledged that the
precise boundaries of the proposed areas of development are
not known and therefore serve only as a guide.
10. In.recognition of the provisions of Paragraph 9 above,
the parties agree that Irvine can develop any portions of the
annexed territory up to a total of 1,535 acres without being
required to pay District additional annexation fees.
11. District shall maintain books of account for the
annexed territory giving a credit against the annexation fees
paid pursuant to this Agreement for each portion of the territory
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1.
.to be developed. Irvine therefore agrees to submit a written
request for credit of annexation fees paid with all development
plans for the "Territory" to District, prior to filing any
Tract Map, Parcel Map or precise plan, for approval to the
respective governing agency. If Irvine fails to submit said
plans to District, no credit against the fees paid hereunder
need be allowed by District and the then current annexation
fees shall apply and be payable prior to any connection to
the District system.
12. Notwithstanding the provisions of Paragraphs 13 and 14
below, Irvine shall have the right to transfer portions of its
properties within the proposed 1,535 acres for development, to
a differeat owner without transferring the credit for payment
of annexa.tion fees made hereunder. It is the intent of the
parties hereby to allow Irvine to determine whether to retain
the credit for annexation fees paid for possible later applica-
tion or to transfer it with the property to a new owner.
13. In the event Irvine transfers its ownership interests
in any portion of the 1,907 acres designated hereunder as
u_ndeveloped prop~rties to the County of Orange or a special
District within the County or to a city or a similar local
agency for park or open space uses that do not require additional
sewer service, the annexation fees otherwise due for that por-
tion of the "Territory" shall continue to be deferred in accor-
dance with the terms and conditions of this Agreement. If the
transfer is for a use requiring additional sewer service, the
annexation fees shall become due and payable upon transfer to
the agency.
14. In the event Irvine transfers its ownership interest
in any portion of the 1,907 acres designated hereunder as
undeveloped-properties to a State or Federal agency.or any
private person or entity for any use or purpose whatsoever
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l the annexation fees of District then in force shall become due
2 and payable either on the date of transfer or the date of
3 commencement of development, whichever occurs first. To secure
4 compliance with the provisions of this Paragraph, Irvine agrees
5 to advise District in writing not less than twenty (20) days
6 prior to any contemplated transfer of ownership or interest of
7 the expected date of transfer, the name and address of the pro-
8 posed transferee and the anticipated use of the property. Irvine
9 hereby. further agrees that notwithstanding.any agreement between
10 itself and its proposed transferee, it shall be responsible for
11 the payment of fees due as a result of said transfer and the
12 provisions of this Agreement.
13 15. In the event Irvine seeks to annex any portion of the·
14 "Territory" included within this Agreement to any incorporated
15 city other than the City of Newport Beach, it will concurrently
16 therewith, petition the orange County Local Agency Formation
17 commission or its successor for approval of deannexation and/or
18 detachment from District of the same territory that is requested
19 to be annexed to the city. In furtherance thereof, Irvine and
20 IRWD agree to execute any and all necessary documents to
21 accomplish said deannexation/detachrnent of such area from
22 District.
23 16. Upon the occurrence of events as set forth in Paragraph
24 15 above and the completion of deannexation/detachrnent pro-
25 ceedings from District, District shall immediately commence
26 and continue to provide sewer service to the same extent as
27 received while said territory was included within District. The
28 specific terms -and conditions-of providing -such-service --shall be
29 set forth in a written agreement on the basis of sound engineering
30 practices and a financial analysis of the cost of providing such
31 service.
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17. In the event Irvine annexs or attempts to annex some
por.tion of the "Territory" hereunder to a city, and fails to
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initiate deannexation/detachrnent proceedings from District
concurrently therewith, or files objections or protests thereto,
District shall be entitled to initiate proceedings in the
Superior court of the state of California to obtain necessary
judicial orders to immediately insure performance of this Agree-
ment. Irvine agrees to pay all reasonable attorneys' fees
and court costs related to said proceedings.
18. Any not~ce or instrument required to be given or de-
livered shall be deposited in any United States Post Office,
registered or certified, postage prepaid, addressed to the
parties·~ hereto as follows:.
TO DISTRICT
TO IRVINE
TO IRWD
County sanitation Districts of
Orange County, California
· 10844 Ellis Avenue, P.O. Box 8127
Fountain valley, ca. 92708
The Irvine Company
550 Newport Center Drive
Newport Beach, Ca. 92660
Irvine Ranch Water District
P.O. Box D-1
Irvine, ca. 92716
and shall be deemed to have been received by the party addressed
at the expiration of 72 hours after deposit of same in the post
office.
19. If any provision of this Agreement is judicially deter-
mined to be invalid or unenforceable, it is the intent and
ceclaration of the parties hereto that all other provisions shall
remain in full force and effect.
(SEAL)
(SEAL)
ATTEST:
~:: ,-·.
•• ~· •. ~·' : tc :
APPROVED AS TO FORM:
Thomas L. Woodruff
·General counsel
IRVINE RANCH WATER DISTRICT
By
~~~~~~~~·~~~~~~~~~---
By
~~~~~~~~~~~~~~~~~---
THE IRVINE COMPANY
By~--~~~~~~~~~~~~~~~---
By
~--~~~~~~~~~~~~~~~~
COUNTY SANITATION DISTRICT NO. 5
OF ORANGE COUNTY, CALIFORNIA
By
~~~~~~~~~~~~~~~~
By
~~~~~~~~~~~~--~~~~~
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BOARDS OF DIRECTORS
County Sanitation Districts
/1 DJ~_;t_; ;:~.:~!~13 ........ : .......... .
c ~~.:r· .j :.~ l ':·\''€ ..... ~ ... .
Post Office Box 8127
of 011ngc County, Californi• l ETi :..;~3 \.:.i; L:( ............ ..
10844 Ellis Avenue
Fountain Volley, Col if., 92708
Telephones: r1liiiUTE S \'il i !TT GI ............ .
Atec Code 71"'
5-40-2910
962-2411
AGENDA
f '2'~ . ~ y,tw1'l d f 1~~ f' ::> ~ }ii ' ~ J& ~ vi Jwr . .
u L SEPTEMBER 21, 1976 -5:30 P.M.
q ~ I ( 1 IS r1 /V
NEWPORT BEACH CITY HALL
(1) ·Roll Call
(2) Report of General Counsel re proposed agreement with The Irvine
Company and the Irvine Ranch Water District relative to conditions
~or annexation of the down-coast area to the District
Discussion re conditions of annexation
Consideration of Resolution No. 76-176-5·, authorizing initiation of
proceedings to annex approximately 3,430 acres of coastal territory
between Corona del Mar and Laguna Beach to the Distri~t (Proposed
Annexation No . 7 -Irvine Coastal Area Annexation to County
Sanitation Di s trict No. 5), and incorporating conditions therefor
See page "A" \,,r .. 1 J.. .("\ rA . ~\1\)\.>lt. Q ~c.v -~ -k.
FILE ···········-····· (5)1 Consideration of Resolution € 76 ~s-t-ablis ifi~-condi--t-i-ons---
LrneR ............•• µ_-and app-!!G-V-i-+l g-a g~ee m ent with Tnei rvine Company and the Irvine Ranch
Al e ..• :TK LRC..*" Water District re la ti ve to annexation of the down-coast area to th e
District, in form approved by the General Counsel. See page 11 B" )
(Copy of agre ement enclosed ~i ~h 11 agJ.2da _ material.2J~ .P ~ IJ J rJ ~..c J ~./'.P. f/y&~:/.j} ~ ;'(/'--av e:._ q 3 17 ~ r &U.. r
(6) Other businesf 1 and ·~c~~'1i f ~~:{J /; a-~ ~.,&c .P . o {/Tl
(7) Consideration of motion to adjourn ~ ~ '.$ <
·v
II A-1"
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RESOLUTION NO. 76-176-S
AUTHORIZING INITIATION OF PROCEEDINGS--ANNEXATION
50.. 7 -IRVINE COASTAL AREA ANNEXATION •
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO. 5, OF ORANGE COUNTY,
CALIFORNIA, AUTHORIZING THE INITIATION OF
PROCEEDINGS TO ANNEX TERRITORY TO THE DISTRICT
(ANNEXATION NO. 7)
' The Board of Directors of County sanitation.District No. 5
8 of Orange county, California,
9 DOES HEREBY RESOLVE, DETERMINE AND ORDER:
10 That ah application for ann~xation of territory to itself
11 be made to the Local Agency Formatio~ Co~ission as follows:
. 12 Section 1. That thi~ proposal is m~de pursuant to Division
13 1 (District Reorganization Act of 1965) of Title 6 of the Govern-
14 ·ment code of the State of California; and
15 Section 2. That this application is ·for the purpose of
16 annexing approximately 3,442 acres in the vicinity of corona
17 del Mar and Laguna Beach commencing adjacent to ·the souther!~
18 boundary of the City of Newport Beach as requested by The Irvine
19 company, owner of said property; and
20 Section·~3.. That the territory -to be annexed is u"ninhabited;
21 and .
22 Section 4. That the designation assigned to the territory
23 proposed to be annexed is "Irvine coastal Area Annexation", the
24 boundaries of which are more particularly described and delineated
25 on· Exhibit "A" and Exhibit "B", attached hereto and by reference
26 made a part bf this resolution; and
27 section 5. That provisions for all fees required to be paid
28 as a condition of ·the annexation must be satisfied prior to
29 completion of annexation proceedings, together with the execution
30 of the Agreement between The Irvine Company and Irvine Ranch
31 water District; and
32 II AGE~DA ITEM #4 -DISTRICT 5 "A-1"
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"A-2"
Section 6. This approval is expressly conditioned upon the
performance of each of the following conditions:
(a) Payment of annexation fees for 1,535 acres at a
rate of $1,394.00 per acre for a total of $2,139,790.00:
(b) Execution of an agreement between District, The
Irvine Company and Irvine Ranch Water District providing
for the deferral of a portion of annexation fees for
1,907 acres of undeveloped property within the annexed
territory, and providing further for the immediate payment
of additional annexation fees for said area in the event of
transfer of interest from The Irvine Company to any other
person, entity, or ·agency: and .
(c) In the event any portion of the territory to be
annexed hereunder, is subsequently annexed or requested by
Irvine, or its successor, to be annexed to any incorporated
city, other than the City of Newport Beach, Irvine or its
successor shall concurrently therewith request an:initiation
proceeding with the Local Agency Formation Corranissi~n of
orange County for deannexation or detachment of the same
territory from District. Irvine and its successors shall
further agree to consent to and file no objections or
protests to such deannexation/detachment proceedings.
Section 7. That request is hereby made that such proceedings
as required by law be taken to complete this annexation.
PASSED AND ADOPTED at a regular meeting held
--~----~--~-
1976.
-2-
AGENDA ITEM #4 -DISTRICT 5
"B"
RESOLUTION NOo 76-177-5
APPROVING AGREEMENT WITH TiiE IRVINE COMPANY
AND IRVINE RANCH WATER DISTRICT RE ANNEXATION
OF DOWN-COAST AREA TO DISTRICT
I
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 5 OF ORANGE
COUNTY, CALIFORNIA, ESTABLISHING CONDITIONS
AND APPROVING AGREEMENT WITH THE IRVINE COMPANY
AND IRVINE RANCH WATER DISTRICT RE ANNEXATION
OF DOWN-COAST AREA TO THE DISTRICT
* ~ * * * * * * * * *
WHEREAS, District No. 5 has authorized the initiation of annexation
, proceedings subject to _certain conditions; and,
WHEREAS, in accordance witq the conditions of approval of said
annexation, an agreement has been prepared by and between the DISTRICT, THE
IRVINE COMPANY, and IRVINE RANCH WATER DISTRICT; and,
WHEREAS, the District has determined that the agreement as submitted is
in the best interest of the District.
NOW, THEREFORE, the Board of Directors of County Sanitation District No. 5
of Orange County, California,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. That the certain agreement attached hereto as Exhibit "A" is
hereby approved; and,
Section 2. That the Chairman and Secretary of the District be and are
hereby authorized and directed to execute said agreement on behalf of the
District.
..
AGENDA ITEM #5 · -DI STITT CT 5 "B"
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AGREEMENT
...
THIS AGREEMENT is made and entered into this ---day of
, 1976, by and between:
~-----------------------
COUNTY SANITATION DISTRICT NO. 5
OF ORANGE COUNTY, CALIFORNIA,
hereinafter ·referred to as "District" ;
THE IRVINE COMPANY, . -a West Virginia
corporation, hereinafter re£erred
to .as "Irvine" ; and
IRVINE ~CH WATER.DISTRICT, herein-
.after ·referred to as ~'IRWD" •
WHEREAS, in accordance ·with -applicable ·provisions of law··
. .
and·the resolutions and policies of District, Irvine bas ·filed
:an .application to annex certain real :_properties to ~istr~ct £or
purposes .of ·receiving ·sewer services :for ·.said properties; and
WHEREAS, Irvine has £iled application:with the orange ~
..
County Local Agency-Formation Commission for·-approval of the\
·· .. , . ' ~ .. ' . . ·. ..
annexation to District;· and ~' ·: • 1 l ••.
·, ... · .
• 1.-. .·.
· · ... . WHEREAS,._ .. Irvine ·proposes t6 ~ an~e~ .. 3 ;_,~:~'2 : ... ~~re·s·~ of" ~land
~ '. ·_· ~-; : . '· ··-: . •. . . . . . _· .... ' .... : . . .. . .
. -(here_inafter referred. to as "Territory") to .. District;. and
• .... , 4
.·;<·.; .. WHEREAS, ·the plan proposed by-Irvine for the "Territory\ •
. ·23 ·attached as Exhibit "C" provides (formerly presently-approved
·24· -. plans) for development for urban land use of (formerly for land
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. . .' ··.-. ·.· ·' ... 30
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·.,·.·.·~~2
·.·use '·d~yel~~ment: pro~ide .for) a maximum of 1, 535 acres,. ;,(deTI.~tee
'··~: ••. -"'·:---:. ··'!';. ... '\•~.~ .... ·: ... ~·-. _: .. :-:= .. "''.: ~·~~-. ·. •. --~. -.:"'~ ~ -.· • . ~. .. ' ·:-· ••
. t;o~be··~.d~-~~lbp~d~::\l:Witp.sche .. rernai~ing i; 90J ·~~res". to' be: kept . :."
. ; .. , -~.. . . ;~ ·. :~·. . ;" ·. . . ; . .' . . ' ... \ ... ·: ~. .. . . ,· -· . . ' . ; ; :. . ~ :' .
(de.le,te ·.in:ta_ct as n.at~ral_) in conservation and open space· uses
. . . -. -.~ ... ..
(added the · word .uses) ·; · and · .· · ·
•. ,_.-•, •' • • o .•I ; ...... .•
. :-_.;WHEREAS, Irvin~. ~as ·propos~d to :inunediately ·pay· all .current
·.-:::~· ... ~,·~·.~->-.-~~'.'.~:>-<' .. ~-. ...:.,;·~{:~·~.2-i·:._ ... -.. /:· :~ ............ ~, -_,~;·:i·.;.:\~~·: .. :;:i.;.:·.:-:: .. :~--~.--'·,~-;..: .. ·. '.' ...... \;·:. 1'.' .. :· .
. ,·~nnexa:tion :.charges. for .. the· (delete land to .. be. developed) . urban )
''.~--~f.~·{".:.-:,;;~·;-.::··,, ·. ·t~ .. ;· ... ·.::i:f·.~"··:.· .. '· .. >:. ;~-.~ .. >-;. . .. ~:····~ .. -.· ... ,;· '· '.·; ..... : <:.·: ·., .. · ·.;:
la"nd use·area and't6~request a deferral"of.the. annexation. f
• -. j • · .. .: -• ~ ";-· , .~ •• r:": .. · ·
•• ' • ""'.-:· .-• ~' + ,· , -• ·' • • • ·-.
.charges· ·for: the· 1,·907 ·acres ·af (conservation and) open. space; and .. ,-.
. .. ... . . ... . . . '. . ~... . . .: . -
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WHEREAS, District has determined that annexation of the
"Territory" to District can only be in the best interests of the
other property owners and taxpayers of the District if the
organization and directorship of the District remains intact as
presently constituted; and
WHEREAS, District, Irvine and IRWD have .each undertaken
studies ±o determine the £easibility and desirability of
.annexing ·said "Territory" ·to District; and
WHEREAS, it has been determined by District, Irvine and
·IRWD·that .it ·is necessary ·to execute 4n agreement pertaining
to the respective rights, duties and.obligations, both·presently
-and prospectively, of each of ·tbe parties "hereto.
NOW, THEREF0RE, in consideration of ·the mutual promises
.and. covenants herein contained, the parties hereto agree as
·follows:
~ .1. 1rvine .and IRWD ·shall canply with -all .provisions of
Resolution No. 75-15-5 of District pertaining to the annexation
policy of the District.
2. District·agrees that·as·to the .3, 442 acres of area
:~equested to .·be annexed.by ·Irvine, and wh~ch .is :more. particularly
(delete ·.shown on. th~ ~~I/ a~ta·~~eci ~~-~~~~ ~'~;. descdb~d-;and ..
" ·.delineated on Exhibit "A" (insert and Exhibit "B" attached
hereto) and incorporated herein by reference, District·will
· (delete initiate) pursus annexation proceedings, seek approval
by the orange county Local Agency Formation Corrunission
· .... ,:. ,·' . . .. ....
tlie~~~fter d~,li~e~~~y :'?U~-~ue all other proceedings and
and
pro-
·cedures .to cornp~etion.'-. . . ·. · · . '
..
3·. . IRWD may ·provide. 'local sewers and facilities within
.. -.
·the "Ter~ito.ry~· .in ~rder·.-.~o .provide se~vice :to _the~-d~velopetr:~·
' . . ' . . " :~'. .' '. ; ' . . ~·.· . : • ·. _: . . i ~ .... ·:... • " . : . " . . . . . . . . . . < : . . ' : . . . . .
·areas·· ·.(added and may "connect· said facilities "to :nistrict • s . ~ :..· ...
.=' .~.>:.<; ·.{'::·/~~.--<··.~:: . -~ : " .. ·:~ -: :. ;~ · .. ·~ :·' · .. ·. ,.'. -·.. ~.'. .:·.· .... '., ... :;. ' ..
·ma·ster··plan ·sewerage facilities~ .. · .. :.". · L .. "'·' -.. ·-.··,· ~ • .,
. . .. , ,
;:·, .. >~·-~-4~ .. ~.·: IRWD ·~nd ·irvine acknowledge that District was created
I ... •· .. ,. '
', . ..., .
. .. ·. ~
. . .. .. . ..
•· ... : -
·-.:-..
·,
.; .
l and exists pursuant to the county sanitation District Act
2 (Califonnia Health and Safety Code Sections 4700 et~.).
. .
5. IRWD .and Irvine acknowledge that IRWD is not a sanitary
4 district .as that term is defined and .intended .by the County
5 sanitation District Act and therefore is .. not entitled to select
-6 ::end appoint ·.a ·member ··to the governing board :of District as
7 ·prescribed .by ·:said .Act .(section -4730).
6. ~(Delete :::Irvine .shall -concurrently with the execution
9 .of ±his .Agreement .nr on the) Within ·ninety ( 90) days .of
10 ·the ·date of (delete :final approval :of) .District '-.-s action order-
.
ll .,im .said .annexation, (delete whichever ·is later) .Irvine shall
12 .pay A ";;/'::;::/::,~~ ti.on .-fees :in ·±he ·s um ·0£ ·'.TWo ·Mi Ilion,
:.1"3 one "Hundred ·''Thi·rty-Nine ·Thousand, Seven liundred .Ninety and
14 00/100 ~($2, 139,-790_ 00) Dollars . .These fees are .. payable on
::J.5 ·the basis ·of :the current .rate o f one Thousand, .'Three ·Hundred
:J.-6 Nin ~ty-F our :and .00/lOO ($1, 394.00) .Dollars ·per acre for .the
.l?
.18 '
.·19
.20
• • ..·1
.. l,·535 acres propose?·. to .b e ·a e veloped . ~i thin ·the annexation
~territ o ry.~.. · ... ·· · ...... ·~ .... ~·: ·· ~ · · · .. ·
' r ; : , • , ,· •• ,. ··: ·~ • •, • , • • • • -~ ~ • • • ' .• • • :: •• ~ :-:· , .. , • , ",,, •
' 7. ·Annexation ·fee s that ·WO~ld j)e .due ·:for ':the l~ .. :907 acres · ·
.-·· '~:.~. . .. . .~ .. . . ·...:. .. ·-~~-. . . -i~::: __ .. -. ,~_:_.~ ·;· ';_··--~-i ~~-,-·,.,.· -· .. · -~: .:.:·~~ ... ·_. _.:.
of annexed territory .~that will r ·ema·in ... (delete -Funde vel o p e d) iri .·
. · ... -~ ... ·-.. :-' .. "·.-. ·; :_:.. '. _.-· :.: -: .. :·. --~---: _.:. __ · ..... : ..... ~-·: -.. '.>) .· ... ,-.;-_: .'. ;.'::_.· ~
· .. c o nservation .and ope n spac e ·,use -.shall .~be_·.~e f erred unti':).. . suc_h
.•·
"I' I,. ' (•1
1
. :··;time .or .. upon oc~urr e nce of s 'uch e vents as provided below •.
. · ' .·· ::23 . ' 8 . In -the eve nt Irvine g e ts furthe _r approval from the . · ...
·-"':'"'· ·. ·~ .. 24
. ' ... '.
• .. t j .f. _.:~~·-·1';:._<···.?
.. '
·--·· .. ... . . '
. .-c o unty _ of orange or other gove rning agency to ·develop . . . ~ .
. ' .'. ', • ~ ~ r ": .. ' , , : I . , .-~ .--·~:."(a-dd . fo'~ urb~n use)' portions of ·.the ,annexe d territory , in e x c e ss .
• ',·:.~"~::.·· __ ~.~-·~--: ~.z ',:·~~·.>·~.;,.\~.i-;. :. ... :/;·;..:~F./~~::!)'.---~~i.' :,-{ .. -,.>.--~:': •'.·'' o .. -.. _ .. :.·· :-'>~ O ~'; • .. ,.'
0
( ·--~-~'"-.~ i ;. ,.:/ ~-~-,,'-:·~ ;';~ •. )• OLO" • O -~ ~-··{ 'O o'• ', o
: of. :(de "l e t e ~th e )'::t;'·535 "·acres, '.:·anne xation· -fe e s of· the ·.District -·~-. :';(• ... '·:··~-:-.·:/·:_::.:_.' .., . ..,\-'.'/·z,:."·:~ ;'-._-:.,·:.; ,'.;:·~ .. · ~-.......... : .... :··: .· .. ~.:-.· ... .. " -... .
~-then in ::'fo rce .. shall ~b~come·· due · a nd . payable ·prior to any conne _c-
.. ' ·..:. •/":'.. -~".' .;, :·_:. ' ... !·, -~~ ~'_ .. •• ,1 "~ ..... _ ·.~·. ~ • :·-;. .,. • ·:-~. , " ·:-.....
;, ._:;~·~~:n·>-t o:.'.:~~~·.·~-~,~~~~~~ ·,·~ .. ?~~t_e_~· ... ~; ,·, .·· ... : ... · ·• ... ." .. ·:· :: .. ··,//-·,:·i · .. ·\i;· .·.': ~-.. <~-~:f :·_, ..
::, ·. -:t·; ·9. ,:· ''{Delete .. B ase d :upon e xi s t i'ng ._approvals· of ·land .use by.· ..
-i~~·.r4 ;:\~·f.~:_ .. .::~ +.ll:-;;"~ .. ·-~-; ·i ~~~ ,~<~~:!.=~-,-:· '~;t>:_:·~r~~ ... :.: ~:.--~·-·:-,'./"""· J ~-.._/ ... · . .-... :; . :-;.~ ... : .-:-.... -->,· :..~.-... · ...
·_,_·_~ the :county ··of · Orang·e ··J ''·>It is ."c o nte mplated ··that _".Irvine .(delete ·.
: y·~. :"\:. '.;~.--.-<-..'.'/.:{·:.: ">: ·:;l:-_t~.~/~ -~: · .. ·,~,·: : > .. _ ...... :. '.: ;'. ·" _.. ;·~ '; :> "· ~ .l/ ;> ·-~ .··t. ··?:~~: . '.....' •. ·, .... ", .;t ·;-;"· .':.
>wiTl).~_de velop the .l,535 acres ·in ·those _de·s _ignated areas \,
!."::(.;·,:~'.>··~~·-:·:.< .".'·~:..:·· ..... '..~ ·.-:-.'.···--.~~ . .-.. ~:-..... <': . ·.!'·. ,_·: •. -~·:;·. ·~·~-.; .. :.:: ::.~--:.'· ..
--:shown on the map attache d 'hereto as .Exhibit :c.:,: •. '.Howe ver ;','-·. ,, . . ... . . . . -.. ... .,..,
. , . . ~ ~-.
-", ,! .
~ . ... ,,. ...
. . ·· ... ,.. ....
' .
'. ' .. '._.,.
I\' ,,,, • ~ 111 • • \ • -, . ~ .
-·-----~----·-:------·-.~-·--..
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it is acknowledged that the precise boundaries of the proposed
-areag--uf -development are not known~and therefore =ser-ve --only-as~ -
a guide. -..
10. In recognition of the provisions of Paragraph 9 above,
the parties agree that Irvine can develop any portions of the
annexed territory·up·to a total of 1,535 acres·without being
required ·to pay District .-additional annexation fees •
. 11. . District -shall maintain books of account for the
annexed territory·giving,a credit against the (delete annexa-
:tion £ees paid) 1,535 acres of urban use.for wbik.h annexation
-fees have been ·.paid .pursuant -to this Agreement for each portion
-of the territory-{delete -to be) developed-~add -for ·urban use).
Irvine therefore ·agrees -to su~mit·a wrftten request for credit
of annexation "'fees paid with all_ development pla~s ··£or
'."rerritory" ·to-District, prior ·to filing any ~add Final) Tract
or ·
Map .QI parcel .map (delete/precise plan), for approval to the
respective governing agency .. If Irvine ·fails to submit said
plans_ to.District, .no credit· against the fees paid hereunder
need .be allow~d ;by Distric't .and ·the then current· annexation
fees shall apply. and be p~yable prior· to a~y ·conne.cti;n ·to
the District system.
12. Notwithstanding the provisions of Paragraphs 13 and
14 below, Irvine shall have the right to transfer portions of
its ·properties within the proposed l, 535 acres for development, ·
. "to a: .differen't. owner without transferring . the credit for 'payment
·.
: 'of annexation .·f~es -~ade here~nder. ·It is the intent of· the -·
; ' --! ; ...., ::· .·/·.'-"' ·:. . ._'.-.• "' • •. -;. .., . -. . . r •
part.ies-.hereby .. to ailow :rrvine .to determine whether to ·retain-> .
I,
4
the cr~dit _;for.anne~at{on. fees· paid for possible later a~pli~atio
~ • . . j ' j 'I J ;.· ~ •• ".
-or to transfer·_ .lt ·with -the ·proper:ty to-a new owner •. ·_ •. ·· . _
. . . ·, ,.· .
.. . ; . :.: . ~. ~' ... 1-·: ' ·:· ""." -. -.. : . : . -J ' -. • : .. _. ... :..·_ .: .... ' • • • • • .. ~
-: .· !. ~'.'.:_,~~--~.·_>'.In ·th_e e~ent ·~rvine transfers -~ts.· ow?~rship ~·inte~~sts .
.-, : : • I : ~ • ~ :· ,-~ .... •• ~ ' -.. • • l : 0 • 0 ,. 00 .-.# • • • • '· • ~ ••
· .. ,in ·any"portion of the-_ ,1, 907 ·acres designated hereunder as
• ; •• ... • : • 1' ... ,. ·., ':.. !' • •' ; •
•• 1 ' ~ • • : .• '• : .. t
;·i undeve~_oped properties _t~ the county of orange or a special
"
-4-
·---~--~~-~ _ _.. _______ .
. .
J.
....
....
l District ·within the County or to a city or a similar local
2 agency for park or open space uses that do not require (add
5 significant) additional sewer service,· the annexation fees
4 otherwise due for that portion of the "Territory" (delete
5 shall) may continue ·to be deferred (add at .District's discre-
6 -ti on) .. in accordance with the terms :and conditions Df this
·-7 Agre.ement. .If ·the ·transfer is for .a ·use requiring (add
8
. 9
'10
11
12
13
.14
'~· .. -"-18 '
.' I ' . . .
) ' ~:
":f· . : 21 . . '. .
f. ·' ,« I •. . ·~ :·_ ·; ': 22
". . .· .. > '.~;3J
~ • ".l ., ·~. • '
significant) additional sewe ( 6..,s jt'~~~~ .annexation £ees
shall .become due and .payabli'-upon ·transfe{ to the agen~y .
· 14 . In the -event Irvine :transfers .its ·owner.ship interest in
any -portion ·of .the .l, .907 -acres designated hereunder as (delete
undeveloped ·properties) conservation ·a.nd :open .space :areas to
.a State or -.Federal :agency ::or .aQy :private ·person :or :entity :for
:any ·use or :purpose whatsoever, the annex ation fees of District
.-then in :force ··.Shall become due ,and :payable either on the date
.of ;transfer ,or the date or commencement of development, which-
~ever occurs first. To secure ;compliance with .'the .provisions ·of . . ~· . . . . . . . . .. '
th i s .·Pa~agraphf , . .Irv.~n ~ agree·s <:to ... ~dyise >)i ~tri~t _·in '.".'z:_i t i~g ~' .. · ...
......... ~~.· ...... · ···..:.:· ..... :·=-·.·-.~~-::.... .:,.~:·~ .... :···:--;:.·:· .·~_:.··_·';··!; "~, ......... ,· ... ~-~ . ' ... J · •... ••• .: ;, ,_~\,, .,_
not "less .. than twe_nty (20) ~days ·prior .. to any .contemplated transfer
.. . .. -::. ···:\ ' .. ·:,\··.,:-:·. ;.: : .......... ·.'~·· ~·-~-:! .. ·» ·~· .. : ..... : _· .... >~-........ :·;:·. ·.· .,· .: .. · .. ~ ~ ... ,·:: ·.~.: .;·.-..,: '• .
"Of ownership ·or dnterest 'of ·the expected :_date · of ... transfer,· 't-he -:·
.. -~ : .. ~-~ ~ .:··~ .. !·.·~ .. ; ... -.. ~:;·-. ·_.·~{ .• ·:":~;:. ·\~~---~ ··::~·-::<:·;.~·f~·:·f :.~;~,··~·,;~'_.~-~·~ ....
name and address :of .'the ·proposed ·transferee'"·and . the anticipated . . . ~ . . ~ : ' . . . , .
_use . of the pr?perty., .Irvine hereby further .agrees that not-
·Wi thstanding any agree~ent ·between itself and its ··proposed
) . •,
.•
.·'.t.ransferee?, · i't shall be respo nsible for the payment :.0f fees due
:~_ .. •~·': ,~, ,..~,· -' .. • ~ .; • •' ,1. :j,:.. , , I '• ,, ' t
:'.;~·s ·~_resuit ··'of .:sa l.d .itransfer and the pro v.isions ~·~f '.th':i..s ,. '.,j,. ...
<':.~~;~~'~~'~{~if f :f:1.~:~t~i;f ;t~':;~': ?\(_'. / ; ••. : . ·. '· ; ?:: • :' /L }; N : ;· ~; ~· :;)~~~;".; : .~ ~; .•. ·. :·: .. · .~.;:-;;, :~~:-~~\.; ~·r<~~~ :'.~~~~~~,:Ir v\~~ :}~e~s .. t~ .. a~~e,~i·a,n~ :·~·ort_i .q~ ... ~~. ::t~e · f _ ...
; ! • · •: "• I ':~ ••; I ;,..--., '-; • ~" i • , . , • ~ ,_-, . t.'• •, • • • • l ' • '1 ~ , " · ~ ',, · : ,
".Territory''. /included within'..this Agreement .. to "any incorpor a ted " -·
--~~ .-':'!:::~-~ :~.:.~>-·.;;~ ·;; ~ :'_.~ ... ~~: . .-~.~~:r~·)·:~·· .. ~;~~··"·~~ ... :· .... :·:.-_: .... >· •. ·.:\. ·· .... -... •• ,i,:· ~· .-..;"·::~.~ .·~·.· ......... <.:;~:. ;-.,-~:t .·i ... ;· ~; :_~:~~· ... -~~·· :\
_:city other .-than .. the:··city .. of ·:Newport Beach; :;.i't,.will ·concurrently ·"
··-~~ :;~-:·!, :"t 1'. ,;t.; <':.-. ,~. · -·;.. ~:: ;: .;. ":·._.'t,./ :.~ .:··)·:.~~,;.: ~-.·:t .;. ' .:'.-...... >-:1 ~·-~,~~·'.:~ iF;·>:~(\ .-.. : :;, :"~;:_ ·_. · . ·. / \• Y \ .' .
';··,tbe.r~~~~b t.J add · support"Distri·ct's} .:.petit:ion ·t _o ;the Orange _"'··,:>· ...
-~!~·~.~~~J -~·::~\~-~~~~·~'-;~?·,.~=. ·~.1.; .... >·~·.'~·~.··· · .. _.. 1,, ••• • ·: ..• ". \'·:~· .·~. -~. ~··. --~.'.. ... ·.:··.,_ .,,-:··· ·:· •
... ·county · Local Agency :.Format'ion Commission ·or .its· successor for < "·
.. !:~:;~/\~:-..::•-:f,.:,~'I · .. ~-. .. '£~;)~·~ ... :,·.~~~ '; ' I " ' •·: • ,.~ •• ' ·~ '
. ..
:<.·approv al', ·o~ deannexation ·and/or ·detachrrent from District of the
._; j ~-:--::-... ._-,:',;.~-.~·:.3~ .... '. ~~~ --" __.. :'.~,.. ·~; ---~.~·-r _,,,--.; ··-·---:·-· .... .,.> ... --.·-r <--·:~. -·;. ,---: ... ~·~.~_., ... _..-, ... " .. ~·
~ . . ...
•. ~ •t . ••• • ·• • ... : .· . ·.· -.. . '
-~·. '•. -.·
. . :; :. -....
·-
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. :
•' . ,t ••• . .
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.. ... · · .... :
.. ~
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29.
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31 ..
32
same territory that is requested to be annexed to the city.
In furtherance thereof, Irvine and IRWD agree to execute any and
all necessary documents to accomplish said deannexation/
detachment of such area from District.
16. Upon the concurrence of events as set forth in
Paragraph .J.'S ·above and the completion of deannexation/detach-
"ment proceedings ·£rom ·.District, JJistrict :shall inunediately
~ornrnence and .continue to provide sewer service to the same
extend as received .while said territory was included within
District. The specffci:c terms ·.and .. conditions of .providing
such service shall be set £orth in.a written-agreement on the
basis of sound .engineering practices and (delete -a ·financial
. analysis of the ·.cost of proviaing ·such service) at the same
per ·.unit service cost as the overall District .
17. _:::rn :the event Irvine .annexs or attempts ·to annex .Some
portion of·:the "Territory" hereunder to a city, and fails .to
(delete·initiate) support deannexation/detachrnent proceedings
from pistrict ·concurrently there\\Tihn; oor files objections or
:p .. rotest~ -thereto, District shall .be entitled to .. initiate pro-
• • ... • f. • t '. . .
· 'ce~dings in the superior _"Court of :f.he state -of :cal~fornia to_
obtain.necessary judicial orders to immediately ·insure perfor-
mance of this Agreement. Irvine agrees to pay all reasonable
·attorneys' fees and court costs related to said proceedings.
18. -Any notice or instrument required to be given or de-
; .·.
liver~d'.shall.be deposited in any United States Post Office,
:, :
registe~ed --~~--~~rtf.°fied--~·: .. ~os.tage prepaid,·. addressed to .the.
,•" . . . ' .
parties hereto:as follows:
I '
TO DISTRICT · :county sanitation Distri~ts of Orange
· '.· County, California · .. :: .'. ..
. ... -'".: .. . . ·:. ·· . 10844 Ellis Avenue,· P~O.-'.·Box ·8127 ·· :. ·<,?_~: !:_:,·:_ ;'.;, .. ;· .:;': '. . > :-P()untain valley, . c~~: ·:;. 9}.7~8 ·
· . ·--~:: · · TO IRVINE -· <
1',
·----. -.-. -
The Irvine company·
SSO:Newport Center Drive
Newport Beach, Ca. 92660
-6-
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l
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3
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5
6
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8
9
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11
12
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14
15
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18
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24 ..
25 ....,. .
26
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28
. ~ . . ~
t. _·_ '. • .-·, .. ;.. : ... ~ ~ . ~ ~
··J. ", 31.
TO IRWD Irvine Ranch Water District
P.O. BOX D-1
Irvine, ca. 92716
and shall be deemed to have -been received by the'party addressed
at the expiration of 72 hours after deposit of same in the
post office.
l.9. If any portion of this Agreement is judiciallydde-
termined to be .inval.id.or unenforceable, it is the intent and
.declaration of ·.the ·parties hereto that all other provisions
shall remain in £ull force and effect.
/
. , -·'
. ' ~ " •• •• 6 '.
" . /" ~ ·,: _. .
-7-
-. . .; ~·.; l,< .. ~-·=-
. ·. ~ .. -:.-... '. ~ .
.. ...
. . '
·--·· ....... -.,c '·--·.
. ..
COUNTY SANITATION DISTRICT NO. 5
OF ORANGE COUNTY, CALIFORNIA
MINUTES OF ADJOURNED REGULAR MEETING
September 21, 1976 -5:30 p.m.
NEWPORT BEACH CITY HALL
3300 Newport Boulevard
Newport Beach, California
Pursuant to adjournment of the regular meeting held September 8, 1976,
the Board of Directors of County Sanitation District No. 5 of Orange County,
California, met in an adjourned regular meeting at the above hour and date,
at the Newport Beach City Hall.
The Chairman called the meeting to order at 5:30 p.m. The roll was
called, and the Secretary reported a quorum present.
DIRECTORS PRESENT:
DIRECTORS ABSENT:
STAFF MEMBERS PRESENT:
OTHERS PRESENT:
Donald Mc Innis (Chairman) and Ray Williams
Thomas Riley
Fred A. Harper, General Manager,
J. Wayne Sylvester, Secretary, Ray Lewis
Thomas L. Woodruff, General Counsel,
Lloyd Coffelt and Mrs. Lloyd Coffelt, Gordon
Jones, and Joanne Reynolds
* * * * * * * * * * *
Approving proposed agreement
relative to Annexation No. 7
in concept
The General Counsel reviewed a revised
copy of the draft agreement proposed
between The Irvine Company, the Irvine
Ranch Water District (IRWD) and District
No. 5 relative to conditions for annexation of approximately 3,430
acres of the down-coast area to the District. He reported that the
original draft had been revised to reflect comments of the District
Chairman and Directors, and representatives of the IRWD and The Irvine
Company, and advised that the changes were not substantive in nature but
involved only clarification of language for the most part~ The Board
then entered into a lengthly discussion regarding the terms and condi-
tions of the proposed agreement and annexation. The Directors expressed
concern over certain provisions of the agreement and directed the General
Counsel to further revise the draft for consideration by the Board at the
next regular meeting. It was then moved, seconded and duly carried:
That the third revised draft agreement between The Irvine Company, IRWD
and District No. 5, establishing conditions relative to annexation of the
down-coast area to the District, be approved in concept, subject to final
approval by the parties to said agreement.
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9/21/76
i
Authorizing Initiation It was moved, seconded, and duly carried:
of Proceedings re Annexation
No. 7 That the Board of Directors adopt Resolu-
tion No. 76-176-5, authorizing initia-
tion of proceedings to annex approximately 3,430 acres of coastal terri-
tory between Corona del Mar and Laguna Beach to the District (Proposed
Annexation No: 7 -Irvine Coastal Area Annexation to County Sanitation
District No. 5), and incorporating conditions therefor. Certified copy
of this resolution is attached hereto and made a part of these minutes.
Adjournment Moved, seconded, and duly carried:
That this meeting of the Board of Directors of County Sanitation District
No. 5 be adjourned. The Chairman then declared the meeting so adjourned
at 6:35 p.m., September 21, 1976.
ATTEST:
Secretary of the Board of Directors
County Sanitation District No. 5
of Orange County, California
Chairman of the Board of Directors
County Sanitation District No. 5
of Orange County, California
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AGREEMENT
-" Agenda Item No._v __ _
THIS AGREEMENT is made and entered into this day of
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, 1976, by and between:
COUNTY SANITATION DISTRICT NO. 5
OF ORANGE COUNTY, CALIFORNIA,
hereinafter referred to as
"District";
THE IRVINE COMPANY, a West Virginia
corporation, hereinafter referred
to as "Irvine"; and
IRVINE RANCH WATER DISTRICT, herein-
after re.ferred to as "IRWD".
W I T N E S S E T H :
WHEREAS, in accordance with applicable provisions of law
14 and the resolutions and· policies of District, Irvine has filed
15 an application to annex certain real properties to District for
16 purposes of receiving sewer services for said properties; and
17 WHEREAS, Irvine has filed application with the Orange
18 County Local Agency Formation Commission for approval of the
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annexation to District; and
WHEREAS, Irvine proposes to annex 3,442 acres of land
(hereinafter referred to as "Territory"} to District; and
WHEREAS, presently-approved plans for land use development
provide for a maximum of 1,535 acres to be developed with the
remaining 1,907 acres to be kept intact as natural open space;
and
WHEREAS, Irvine has proposed to immediately pay all current
annexation charges for the land to be 'developed and to request
a deferral of the annexation charges for the 1,907 acres of
open space; and
WHEREAS, District has determined that .annexation of the
"Territory" to District can only be in the best interests of the
other property owners and taxpayers of the District if the
1 organization and directorship of the District remains intact as
2 presently constituted~ and
3 WHEREAS, District, Irvine and IRWD have each undertaken
4 studies to determine the feasibility and desirability of
5 annexing said "Territory" to District; and
6 WHEREAS, it has been determined by District, Irvine and
7 IRWD that it is necessary to execute an·agreement pertaining
8 to the respective rights, duties and obligations, both presently
9 and prospectively, of each of the parties hereto.
10 NOW, THEREFORE, in consideration of the mutual promises
11 and covenants herein contained, the parties hereto agree as
12 follows:
13 l. _ Irvine and IRWD shall comply with all provisions of
14 Re.solution No. 75-15-5 of District pertaining to the annexation
15 policy of the District.
16 2. District agrees that as to the 3,442 acres of area
17 requested to be annexed by Irvine, and which is more particularly
18 shown on the map attached hereto as Exhibit 11 A 11
, and incorporated
19 herein by reference, District will initiate annexation proceed-
20 ings, seek approval by the orange county Local Agency Formation
21 Commission and thereafter diligently pursue all other pro-
22 ceedings and procedures to completion.
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3. IRWD may provide local sewers and facilities within
the "Territory" in order to provide service to the developed
areas.
4. IRWD and Irvine acknowledge that District was created
27 and exists pursuant to the county Sanitation District Act
28 (California Health and Safety Code sections 4700 et~.).
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5. IRWD and Irvine acknowledge that IRWD is not a sanitary
district as that term is defined and intended by the County
Sanitation District Act and therefore is not entitled to select
and appoint a member to the governing board of District
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l as prescribed by said Act (Section 4730).
2 6. Irvine shall concurrently with the execution of this
3 Agreement or on the date of final approval of said annexation,
4 whichever is later, pay to District annexation fees in the
5 sum of TWo Million, one Hundred Thirty-Nine Thousand, Seven
6 Hundred Ninety and 00/100 ($2,139,790.00) Dollars. These fees
7 are payable on the basis of the current rate of one Thousand,
8 Three Hundred Ninety-Four and 00/100 ($1,394.00) Dollars per
9 acre for the 1,535 acres proposed to be developed within the
10 annexation territory.
11 7. Annexation fees that would be due for the 1,907 acres
12 of annexed territory that will remain undeveloped sh~ll be
13 deferred until such time or upon occurrence of such events
14 as provided below.
15 8. In the event Irvine gets further approval from the
16 County of orange or other governing agency to develop portions
17 of the annexed territory in excess of the 1,535 acres, annexa-
18 tion fees of the District then in force shall become due and
19 payable prior to any connection to the District's system.
20 9. Based upon existing approvals of land use by the County
21 of Orange, it is contemplated that Irvine will develop the
22 1,535 acres in those designated areas shown on the map attached
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hereto as Exhibit 11 A 11
• However, it is acknowledged that the
precise boundaries of the proposed areas of development are
not known and therefore serve only as a guide.
10. In.recognition of the provisions of Paragraph 9 above,
the parties agree that Irvine can develop any portions of the
annexed territory up to a total of 1,535 acres without being
required to pay District additional annexation fees.
11. District shall maintain books of account for the
annexed territory giving a credit against the annexation fees
paid pursuant to this Agreement for each portion of the territory
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l .to be developed. Irvine therefore agrees to submit a written
2 request for credit of annexation fees paid with all development
3 plans for the "Territory" to District, prior to filing any
4 Tract Map, Parcel Map or precise plan, for approval to the
5 respective governing agency. If Irvine fails to submit said
6 plans to District, no credit against the fees paid hereunder
7 need be allowed by District and the then current annexation
8 fees shall apply and be payable prior to any connection to
g the District system.
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12. Notwithstanding the provisions of Paragraphs 13 and 14
below, Irvine shall have the right to transfer portions of its
properties within the proposed 1,535 acres for development, to
a differeat owner without transferring the credit for payment
of annexation fees made hereunder. It is the intent of the
parties hereby to allow Irvine to determine whether to retain
the credit for annexation fees paid for possible later applica-
tion or to transfer it with the property to a new owner.
13. In the event Irvine transfers its ownership interests
19 in any portion of the 1,907 acres designated hereunder as
20 u_ndeveloped properties to the county of orange or a special
21 District within the County or to a city or a similar local
22 agency for park or open space uses that do not require additional
23 sewer service, the annexation fees otherwise due for that por-
24 tion of the "Territory" shall continue to be deferred in accor-
25 dance with the terms and conditions of this Agreement. If the
26 transfer is for a use requiring additional sewer service, the
27 annexation fees shall become due and payable upon transfer to
28 the agency.
29 14. In the event Irvine transfers its ownership interest
30 in any portion of the 1,907 acres designated hereunder as
31 undeveloped properties to a State or Federal agency or any
32 private person or entity for any use or purpose whatsoever
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the annexation fees of District then in force shall become due
and payable either on the date of transfer or the date of
commencement of development, whichever occurs first. To secure
compliance with the provisions of this Paragraph, Irvine agrees
to advise District in writing not less than twenty (20) days
prior to any contemplated transfer of ownership or interest of
the expected date of transfer, the name and address of the pro-
posed transferee and the anticipated use of the property. Irvine
hereby further agrees that notwithstanding any agreement between
itself and its proposed transferee, it shall be responsible for
the payment of fees due as a result of said transfer and the
provisions of this Agreement.
15. In the event Irvine seeks to annex any portion of the·
"Territory" included within this Agreement to any incorporated
city other than the City of Newport Beach, it will concurrently
therewith, petition the Orange County Local Agency Formation
Commission or its successor for approval of deannexation and/or
detachment from District of the same territory that is requested
to be annexed to the city. In furtherance thereof, Irvine and
IRWD agree to execute any and all necessary documents to
accomplish said deannexation/detachment of such area from
District.
16. Upon the occurrence of events as set forth in Paragraph
15 above and the completion of deannexation/detachment pro-
ceedings from District, District shall immediately commence
and continue to provide sewer service to the same extent as
received while said territory was included within District. The
specific terms and conditions of providing such -service --shall be
set forth in a written agreement on the basis of sound engineering
practices and a financial analysis of the cost of providing such
service.
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l 17. In the event Irvine annexs or attempts to annex some
2 portion of the "Territory" hereunder to a city, and fails to
3 initiate deannexation/detachrnent proceedings from District
4 concurrently therewith, or files objections or protests thereto,
5 District shall be entitled to initiate proceedings in the
6 Superior court of the state of California to obtain necessary
7 judicial orders to immediately insure performance of this Agree-
8 ment. Irvine agrees to pay all reasonable attorneys' fees
9 and court costs related to said proceedings.
10 18. Any not;ce or instrument required to be given or de-
11 livered shall be deposited in any United States Post Office,
12 registered or certified, postage prepaid, addressed to the
13 parties·· hereto as follows:.
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TO DISTRICT
TO IRVINE
TO IRWD
County sanitation Districts of
Orange county, California
10844 Ellis Avenue, P.O. Box 8127
Fountain Valley, Ca. 92708
The Irvine Company
550 Newport Center Drive
Newport Beach, Ca. 92660
Irvine Ranch Water District
P.O. Box D-1
Irvine, Ca. 92716
and shall be deemed to have been received by the party addressed
at the expiration of 72 hours after deposit of same in the post
office.
19. If any provision of this Agreement is judicially deter-
mined to be invalid or unenforceable, it is the intent and
ceclaration of the parties hereto that all other provisions shall
remain in full force and effect.
(SEAL)
(SEAL)
ATTEST:
APPROVED AS TO FORM:
Thomas L. Woodruff
General counsel
IRVINE RANCH WATER DISTRICT
By~~~~~~~~~~~~~~~~~---
By~~~~~~~~~~~~~~~----
THE IRVINE COMPANY
By~~~~~~~~~~~~~~~~~---
By~~~~~~~~~~~~~~~~~~
COUNTY SANITATION DISTRICT NO. 5
OF ORANGE COUNTY, CALIFORNIA
By~~~~~~~~~~~~~~~~
By~~~~~~~~~~~~~~~~~----
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COUNTY SANITATION DISTRICTS
OF ORANGE COUNTY, CALIFORNIA
P. 0. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92708
10844 ELLIS AVENUE (EUCLID OFF-RAMP. SAN DIEGO FREEWAY)
September 16, 1976
NOTICE OF ADJOURNED REGULAR MEETING
DISTRICT NO. 5
TUESDAYJ SEPTEMBER 211 1976 -5:30 P.M.
NEWPORT BEACH CITY HALL
3300 NEWPORT BOULEVARD
NEWPORT BEACHJ CALIFORNIA
TELE PH ON ES:
AREA CODE 714
540-2910
962-2411
Pursuant to adjournment of the regular meeting of September 8, 1976, the
Board of Directors of County Sanitation District No. 5 will meet in an
adjourned regular meeting at the above hour and date.
The purpose of the meeting is to further consider terms of providing
sewerage service by District No. 5 for the down~coast area.
JWS:rb
I . BOARDS OF DIRECTORS
II
County Sanitation Districts
of Orange County, California
(1) Roll Call
DISTRICT No. .5
ADJOURNED REGULAR MEETING
SEPTEMBER 21~ 1976 -5:30 P.M.
NEWPORT BEACH CITY HALL
Post Office Box 8127
10844 Ellis Avenue
Fountain Volley, Calif., 92708
Telephones:
Area Code 714
540-2910
. 962-2411
AGENDA
(2) Report of General Counsel re proposed agreement with The Irvine
Company and the Irvine Ranch Water District relative to conditions
for annexation of the down-coast area to the District
(3) Discussion re conditions of annexation
(4) Consideration of Resolution No. 76-176-5, authorizing initiation of
proceedings to anne x approximately 3,430 acres of coastal territory
between Corona del Mar and Laguna Beach to the .District (Proposed
Annexation No. 7 -Irvine Coastal Area Annexation to County
Sanitation District No. 5), and incorporating conditions therefor
See page "A"
(5) Consideration of Resolution No. 76-177-5, establishing conditions
and approving agreement with The Irvine Company and the Irvine Ranch
Water District relative to annexation of the down-coast area to the
District, in form approved by the General Counsel. See page "B"
(Copy of agreement enclosed with agenda material)
(6) Other business and communications, if any
(7) Consideration of motion to adjourn
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"A-1" 32
RESOLUTION NO. 76-176-S
AUTHORIZING INITIATION OF PROCEEDINGS--ANNEXATION
HO. 7 -IRVINE COASTAL AREA ANNEXATION •
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO. 5, OF ORANGE COUNTY,
CALIFORNIA, AUTHORIZING THE INITIATION OF
PROCEEDINGS TO AN!-."EX TERRITORY TO THE DISTRICT
(ANNEXATION NO. 7)
The Board of Directors of County sanitation District No. 5
of orange county, California,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
That an application for ann~xation of territory to itself
be made to the Local Agency Formation Commission a~ follows:
Section 1. That this proposal is made pursuant to Division
l (District Reorganization Act of 1965) of Title 6 of the Govern-
·ment Code of the State of California: and
Section 2. That this application is. ·for the purpose of
annexing approximately 3,442 acres in the vicinity of corona
del Mar and Laguna Beach commencing adjacent to the southerlY_
boundary of the City of Newport Beach as requested by The Irvine
company, owner of said property; and
Section·~3. That the territory to be annexed is ·~.ininhabited:
and
Section 4. That the designation assigned to the territory
proposed to be annexed is "Irvine Coastal Area Annexation", the
boundaries of which are more particularly described and delineated
on· Exhibit "A" and Exhibit "B", attached hereto and by reference
made a part bf this resolution; and
section 5. That provisions for all fees required to be paid
as a condition of ·the annexation must be satisfied prior to
completion of annexation proceedings, together with the execution
of the Agreement between The.Irvine company and Irvine Ranch
water District; and
II AGENDA ITEM #4 -DISTRICT 5
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II A-2"
Section 6. This approval is expressly conditioned upon the
performance of each of the followinq conditions:
(a) Payment of annexation fees for 1.535 acres at a
rate of $1,394.00 per acre for a total of $2.139.790.00;
(h) Execution of an agreement between District, The
Irvine Company and Irvine Ranch Water District providing
for the deferral of a portion of annexation fees for
1.907 acres of undeveloped property within the annexed
territory, and providing further for the immediate payment
of additional annexation fees for said area in the event of
transfer of interest from The Irvine Company to any other
person. entity, or ·agency; and .
(c) In the event any portion of the territory to be
annexed hereunder, is subsequently annexed or requested by
Irvine, or its successor, to be annexed to any incorporated
city, other than the city of Newport Beach, Irvine or its
successor shall concurrently therewith request an:initiation
proceeding with the Local Agency Formation Commission of
orange county for deannexation or detachmen~ of the same
territory from District. Irvine and its successors shall
further agree to consent to and file no objections or
protests to such deannexation/detaclunent proceedings.
Section 7. That request is hereby made that such proceedings
as required by law be taken to complete this annexation.
PASSED AND ADOPTED at a regular meeting held --------
1976.
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AGENDA ITEM #4 -DISTRICT 5 '~.~-2"
"B"
' RESOLUTION NOo 76-177-5
APPROVING AGREEMENT WITH TIIE IRVINE COMPANY
AND· IRVINE RANCH WATER DISTRICT RE ANNEXATION
OF DOWN-COAST AREA TO DISTRICT
I
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 5 OF ORANGE
COUNTY, CALIFORNIA, ESTABLISHING CONDITIONS
AND APPROVING AGREEMENT WITH THE IRVINE COMPANY
AND IRVINE RANCH WATER DISTRICT RE ANNEXATION
OF DOWN-COAST AREA TO THE DISTRICT
* * * * * * * * * * *
WHEREAS, District No. S has authorized the initiation of annexation
p.roceedings subject to certain conditions; and,
WHEREAS, in accordance with the conditions of approval of said
annexation, an agreement has been prepared by and between the DISTRICT, THE
IRVINE COMPANY, and IRVINE RANCH WATER DISTRICT; and,
WHEREAS, the District has determined that the agreement as submitted is
in the best interest of the District.
NOW, THEREFORE, the Board of Directors of County Sanitation District No. 5
of Orange County, California,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. That the certain agreement attached hereto as Exhibit "A" is
hereby approved; and,
Section 2. That the Chairman and Secretary of the District be and are
hereby authorized and directed to execute said agreement on behalf of the
District.
AGENDA ITEM #5 -DISTRICT 5 "B"
MEETING DATE September 2 1, 1976 TIME 5:30 p.m. DISTRICTS 5
~~~~~~--
DI £TRICT 1
(EVANS) ......... GARTHE ...... _____ _
(EDGAR) ......... SHARP ••.••• ------DIED RIC H ••. _____ _
RIMA.······· ------
DISTRICT 2
foROOT) ......... WED AA ....••• _____ _
!HOLLI NDEt"L .•. SCO TT ....... _____ _
DI EDR !CH) ...... CLARK ..... ..
GARTHE) ........ EVA NS ••.•••• ------
!WEDDLE) ........ FOX .......... ------
DE Jysus).. .... HOLT ......... == == == THOM .......... KAY WOO D ..... _____ _
. PERRY ...... .
(HOYT) .......... SMITH ••••••• ------
!TIPTON) ........ WINN ........ __:_ == ==
WARD) .......... WOOD ....... .
GRAHAM) ........ YOUNG ••••••• == == ==
DI STRICT 3
(WARD) .......... WOOD ••••.••• _____ _
(HOLLJNDEN) • · • · SVA LSTAD· .-. • _____ _
foR AY) • · · · • • · • • · BLAC KMAN···· --___ _
(WEDDLE)········ COOPER······ --______ --
(SYLVIA) ........ cox .... ···· .. ____ --
CULVER ··· ... ------
GAR THE) · .. · • • • · EVANS • • • .... --___ _
PRIEST) ........ FRESE · .... •• ____ --
THO M) .. · ...... · KAYWOOD .... • ____ ---
LACAYO) ........ MAC LAIN ···· _____ _
DAVIS) ........ · MEYER ....... _____ _
OLSON • • · .. • • _____ _
DIEDRICH) ...... SCHMIT ...... _____ _ !WIEDER).·· .... • PA TTI NSON··· _____ _
YOUNG) .... · .. ·• STE VEN S· .. •· _____ _
MILLER ) ........ WEISHAUPT ... _____ _
DI STRICT 5
MC INNIS .... ~ ___ _
(DIEDRICH) ...... RILEY ....... -r ___ _
WILLIAMS ... ------
DISTRICT 6
RIMA ........ _____ _
RYCKOFF •.... _____ _
DIEDRICH··· _____ _
DISTRICT 7
(ED GAR ) ......... SALTARELLI . _____ _
BARRETT·····
!SILLS) ......... BURTON ...... ======
DIEDRICH) ...... CLA RK ....... _____ _
EVANS)··· •• ••·• GARTHE • · · · · · _____ _
GLOCKNER····
(HOYT)· ...... ••· SM ITH ...... · == == ==
DISTRICT 11
(DIEDRICH) ...... SCHMIT ..... · _____ _
SHENKMAN .... _____ _
WIEDER ...... _____ _
DISTRICT 8
(DI EDR I CHL .... RI LEY .......
EDWARDS ...•.
(JOHNSON) .•..... SWEENEY •.•..
JOI NT BOARDS
BARR ETT· ..•.•
(GRAY) ........... BLACKMA N .••• ----
lS I LL S) ....•..... BURTON ...••.• ----
DIEDRI CH) ...... CLARK ........ ----
WEDD LE ) .....•..• COOPER .•••••• == ==
SYLVIA) ......... COX .......... ___ _
CU LVER ....... ___ _
DIEDRICH ••••
lGARTHEl ......... EVANS •.••.••• == ==
WEDDLE ••••.••.• FOX .....••••• ___ _
PR I EST •••• · ••••• FR ES E ••.•••••
EVANS) .......... GARTHE. .••••• == ==
GLOCKNER •.••
lDE J[:SUSL ..... HOLT ......... == ==
THOM) .••.••••••• KAYWOOO •••••
LACAYOL •••...• MAC LAIN •••• ====
MC INNIS ••••
(DAVIS) •.•••••••• MEYER ••.••••• == ==
OLSON ••.•••••
(WIEDER ) •.••••.• PATTI NSON .•• == ==
PERRY........ __
(DIED RI CH) .••••. RILEY ..••.••• == __
RIMA •••••••.• ___ _
-RYC KO FF •.•.•.
!ED GAR) •.•.•..... SALTAR ELLI •• ----
DIEDRICH) ...... SCHM IT ....... ====
HOLLI NDEN) •.... SCO TT ........ ·
EDGAR) .......... SHA RP .• ~ ..... == ==
SHENKMAN ..•.
!HOYT) •••.••••... SMI TH ........ ----
YOUNG) •••••••••• STEVENS ..•... ----
HOLLI ND EN) •.•.. SVALSTAO. ...• ----
GROOT) .•••..•••• WED AA ••.....•
(MILLER) ......... WE I SHA U PT ... == ==
WIEDER ....... _· __ _
WILLIAMS. •.•. ___ _
!TIPTONl. ••.• · .•. WI NN .••.••...
WAR D) ........... WOOD ..••••.•• ====
GRAHAM) •. ; •••.• YOUNG ....•... ___ _
OTHERS
~ HARPER Ji SYLVESTER
, LEW IS
~ vS CL ARKE
\).. ~/~ : BROWN I°~. ()~P~I) ( 1J -I WOODRUFF
HOHENER
Jj /Jr HOWARD 'J(l J/ffo' HUNT
KEITH
KEN NE Y
LYNCH
MAD DOX
MARTI NSO N
PIER SAL L
ST EVE NS
TRAVERS