HomeMy WebLinkAboutOCSD 99-12RESOLUTION NO.99-12
A RESOLUTION OF APPLICATION OF THE BOARD OF
DIRECTORS OF THE ORANGE COUNTY SANITATION
DISTRICT AUTHORIZING THE INITIATION OF
PROCEEDINGS AND REQUESTING THE ORANGE
COUNTY LOCAL AGENCY FORMATION COMMISSION
TO TAKE PROCEEDINGS FOR THE ANNEXATION OF
39.39 ACRES OF UNINCORPORATED TERRITORY INTO
THE ORANGE COUNTY SANITATION DISTRICT —
ANNEXATION NO.OCSD-4 —HAIGH ANNEXATION
WHEREAS,the Board of Directors of the Orange County Sanitation District
(hereinafter referred to as the “DISTRICT”)desires to initiate proceedings,pursuant to
the Cortese-Knox Local Government Reorganization Act of 1985 (the “Act”),
commencing with Section 56000 of the California Government Code,for a Change of
Organization that would annex approximately 39.39 acres of unincorporated territory
located in the vicinity of Lemon Heights,south of the Lower Lake Drive and Lemon
Heights Drive intersection (hereinafter referred to as the “SUBJECT PROPERTY”),into
the jurisdictional boundaries of the Orange County Sanitation District;and
WHEREAS,the proposed Change of Organization is necessary because certain
individuals have undertaken the development of residential lots located on the
SUBJECT PROPERTY (hereinafter referred to as the “OWNERS”);however,the
SUBJECT PROPERTY currently has no sewer service capabilities and the SUBJECT
PROPERTY is not located within the jurisdictional boundaries of any public agency that
provides sanitary sewer services;and
WHEREAS,the unincorporated SUBJECT PROPERTY proposed to be annexed
into the jurisdictional boundaries of the Orange County Sanitation District is more fully
1 07/21/99
described and delineated in Exhibits “A”and “B”attached hereto and incorporated
herein by reference;and
WHEREAS,the SUBJECT PROPERTY consists of the Assessor Parcel
Numbers reflected on Exhibit “C”attached hereto and incorporated herein by reference;
and
WHEREAS,the proposed Change of Organization will solve the sewer service
connection problem within the SUBJECT PROPERTY for 44 property owners
(“OWNERS”),and includes a total of 56 separate parcels;and
WHEREAS,the DISTRICT is a county sanitation district formed under California
Health and Safety Code Section 4700,et seq.,which provides waste water conveyance,
treatment,and disposal services to all customers within its jurisdiction;and
WHEREAS,in order to obtain sanitary sewer service within the SUBJECT
PROPERTY,the OWNERS have requested that the DISTRICT initiate proceedings with
the Orange County Local Agency Formation Commission for the annexation of the
SUBJECT PROPERTY into the jurisdictional boundaries of the DISTRICT;and
WHEREAS,the OWNERS have requested and the DISTRICT has agreed,
finding it in the public interest,to provide sanitary sewer services to the SUBJECT
PROPERTY;and
WHEREAS,the proposed Change of Organization will enable the 44 property
owners to enter into an Agreement which will:
A.Provide the mechanism for the OWNERS to share in the cost of the
construction and the ownership of all commonly owned sewer facilities currently being
2 07/21/99
constructed on private property,which are necessary for connection to the DISTRICT
sanitary sewer system;
B.Allow each OWNER to proportionally share in the DISTRICT’S annexation
fee and permit cost;
C.Allow each OWNER to either pay in full at this time the DISTRICT’S
annexation fee,or pay the balance due at the time the OWNER applies for a connection
permit;and
WHEREAS,the proposed Change of Organization is in accordance with the
terms of the negotiated agreement with the County of Orange regarding A.B.8 (a tax
exchange for annexing properties approved by the Board of Directors on March 14,
1989),whereby,the DISTRICT no longer receives a percentage of the basic levy and
instead levies and collects annexation fees and capital facilities capacity charges to
offset the loss of the ad valorem tax revenue;and
WHEREAS,the proposed Change of Organization promotes governmental
efficiency by presenting one annexation for consideration,as opposed to 44 separate
annexations,and each OWNER stands to benefit from the savings associated with
spreading the costs,including fees and charges,over 56 parcels,thus reducing overall
fees per parcel;and
WHEREAS,in accordance with California Government Code §56800,a Notice of
Intent to adopt this Resolution of Application has been given to the Orange County
Local Agency Formation Commission,each interested agency,and each affected
agency,and this Board of Directors has conducted a public hearing based upon this
notification;and
3 07/21/99
NOW,THEREFORE,in consideration of the foregoing recitals,the Board of
Directors of the Orange County Sanitation District does hereby RESOLVE as follows:
SECTION 1 That this Resolution of Application is hereby adopted and
approved by the Board of Directors of the Orange County Sanitation District.
SECTION 2 That the Orange County Local Agency Formation
Commission is hereby requested to take proceedings for the Change of Organization of
territory as described herein,as authorized and provided by the Cortese-Knox Local
Government Reorganization Act of 1985.
SECTION 3 That proceedings are hereby authorized to be initiated by the
Orange County Sanitation District,and that the Orange County Local Agency Formation
Commission is hereby requested to take proceedings for the annexation of territory
designated as “Annexation No.OCSD-4 -Haigh Annexation”into the Orange County
Sanitation District,the boundaries of which are more particularly described and
delineated on Exhibits “A”and “B”attached hereto and incorporated herein by
reference.
SECTION 4 That this proposal is made pursuant to the Cortese-Knox
Local Government Reorganization Act of 1985,Division 3,commencing with Section
56000 of the California Government Code.
SECTION 5 That this application is for the purpose of annexing,at the
request of the OWNERS,approximately 39.39 acres of unincorporated territory,located
in the vicinity of Lemon Heights,south of the Lower Lake Drive and Lemon Heights
Drive intersection,into the jurisdictional boundaries of the Orange County Sanitation
District for the purposes of providing sanitary sewer service to the aforementioned
4 10/27/99
territory,as such service is not currently capable of being provided to the SUBJECT
PROPERTY by any other public agency.
SECTION 6 That the proposed annexation is requested to be made
subject to the terms and conditions contained within the Agreement for Provision of
Sewer Services and Annexation of Property,to be entered into between the DISTRICT
and the OWNERS attached hereto as Exhibit “D,”and incorporated herein by reference.
SECTION 7 The principal reasons for the proposed annexation are more
thoroughly set forth in the Application Package for Annexation of Residential Lots for
Sewer Service,and are summarized in relevant part as follows:
(a)The DISTRICT currently serves property in the vicinity of the SUBJECT
PROPERTY.
(b)No other public agency is located in close proximity to and has the
requisite facilities,equipment,and infrastructure necessary to service the SUBJECT
PROPERTY.
(c)The DISTRICT already has sewer lines and other related infrastructure in
place on property contiguous to the SUBJECT PROPERTY capable of servicing the
sanitary sewer needs of the OWNERS.
SECTION 8 Pursuant to California Government Code §56653,the Plan
for Service is more thoroughly addressed in the document entitled “Proposed
Annexation No.OCSD-4,Haigh Annexation,Agreement for Provision of Sewer Services
and Annexation of Property to the Orange County Sanitation District,”attached hereto
as Exhibit “D”and incorporated herein by reference.Briefly stated,the SUBJECT
PROPERTY,as described and delineated on Exhibits “A”and “B”attached hereto,
5 07/21/99
consists of residential property that is not currently located within the jurisdiction of any
public agency that provides sanitary sewer services.The DISTRICT has sewer lines
and other related infrastructure that are already in place and are in close proximity to
the SUBJECT PROPERTY,readily capable of servicing the SUBJECT PROPERTY.
Following approval of the proposed Change of Organization,the OWNERS and the
DISTRICT will execute the aforementioned Agreement,which details the financing of
sewer services,sewer construction,and sewer connection.
SECTION 9 The proposed annexation will result in minimal perceptible
change and no interruption or degradation of service to the customers of any of the
affected Districts.
SECTION 10 The Chief Applicant for the proposed annexation is
designated as Mr.Donald F.Mcintyre,General Manager,Orange County Sanitation
District.
SECTION 11 That the unincorporated territory to be annexed is
“inhabited,”as defined by California Government Code §56046,and a map and
description of the boundaries of the territory are attached hereto as Exhibits “A”and “B.”
SECTION 12 That the proposed annexation is consistent with the adopted
sphere of influence for all of the agencies which would be affected by the Change of
Organization.
SECTION 13 That,pursuant to Government Code §56837,the OWNERS
consent to the Orange County Local Agency Formation Commission’s approval of the
proposed annexation without notice and hearing,as evidenced by the written Petition
6 07/21/99
from the OWNERS requesting that the SUBJECT PROPERTY be annexed into the
jurisdictional boundaries of the DISTRICT.
SECTION 14 That,pursuant to Government Code §56837(b),the
DISTRICT hereby consents to the Orange County Local Agency Formation Commission
making determinations as to the requested annexation without notice and hearings.
SECTION 15 That the Board Secretary of the Orange County Sanitation
District is hereby authorized and directed to file a certified copy of this Resolution with
the Orange County Local Agency Formation Commission,and that the staff of the
Orange County Sanitation District is hereby authorized and directed to supply such
other information,maps,and documents as may be required to implement and process
this Change of Organization.
PASSED AND ADOPTED at a regular meeting held July 21,1999.
ATTEST:
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Bo~’~~tary
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7 07/21/99
EXHIBIT “A”
ANNEXATION NO.OCSD—4
HAIGH ANNEXATION TO
ORANGE COUNTY SANITATION DISTRICT
1 That Portion of Block 14 of Irvine’s Subdivision,as shown on a Map recorded in Book 1 Page
2 88 of Miscellaneous Maps.records of Orange County,California,in the county of Orange ,
State
3 of California described as follows:
4 Beginning at the most Easterly corner of Parcel 4 of that certain Parcel Map recorded in Book
5 119 pages 39 and 40 of Parcel Maps,Records of said County,said point also being the most
6 easterly corner of the Nelson Annexation No.74 to Orange County Sanitation District No.7;
7 thence South 39°47’21”West 81.89 feet to the True Point of Beginning;thence along the
8 Southwesterly and Northerly boundary of said Annexation No.74 through its various courses to
9 a point on the Westerly right-of-way of said Lower Lake Drive,30.00 feet West of Centerline;
10 said point being the easterly terminus of that certain course in said Annexation No.74 shown as
11 North 65°04’OO”East 1.09 feet;thence leaving said boundary of said Annexation No.24,along
12 the Existing Sanitation District No.7 Boundary per East Lemon Heights North 50°20’30”West
13 783.70 feet to a point on the northwesterly line of Lot 20 of Tract 694,said line also being its
14
-
northeasterly prolongation and the southeasterly line of Tract 9389;thence along said
15 northwesterly line South 39°38’OO”West 1166.86 feet to a point on the southerly line of said Lot
16 20;thence along said southerly line South 66°38’50”East 234.45 feet;thence continuing along
17 said southerly line North 84°15’50”East 71.56 feet to a point of the westerly line of Tract 8622;
18 thence along said westerly line South 5°44’lO”East 102.48 feet;thence continuing along said
19 westerly line South 1 9°46’OO”West 171.92 feet;thence continuing along said westerly line South
20 24°57’OO”West 65.10 feet to a point on the boun~aiy of the southerly Line of Lot 26 of Tract 694;
21 thence along said boundary through the following courses:South 88°08’lO”East 59.56 feet;
22 South 20°17’40”West 148.00 feet;South 2°47’10”East 32.47 feet;North 79°15’20”East 124.61
23 feet;South 79°35’l0”East 86.83 feet;South 64°22’40”East 47.39 feet;South 36°31’20”East
24 115.68 feet,South 23°22’50”East 110.43 feet;South 28°59’50”East 71.40 feet;South
25 12°47’40”East 69.30 feet;South 17°40’50”West 163.25 feet;North 57°03’30”East 98.44 feet;
26 North 77°57’10”East 308.65 feet;thence leaving said boundary of the southerly line of Lot 26,
27 along the westerly tine of Instrument No.19960282720,North 2°22’I l”East 260.23 feet to a
28 point on the southerly line of Instrument No.86~3 22047;thence along said southerly line North
29 84°52’I l”East 195.71 to a point on the southerly prolongation of the centerline of Lot Y per
30 Tract 694;thence along said prolongation and centerline of said Lot Y,said centerline also being
Page 1 of2
EXI-UBIT “A”
ANNEXATION NO.OCSD—4
1-IAIGH ANNEXATION TO
ORANGE COUNTY SANITATION DISTRICT
1 the centerline of East Lemon Heights Drive,North 29°44’40”East 85.88 feet;thence leaving said
2 centerline of Lot Y and East Lemon Heights Drive,South 41°07’30”East 83.04 feet to the most
3 southerly corner of Parcel I of Tract Map 694;corner being a point on the southeasterly line of
4 said Parcel 1,said line also being the southerly prolongation of the boundary of Parcel I of Lot
5 Line Adjustment 78-13,thence along said southeasterly line and said prolongation the following
6 courses:South 2°14’28”West 113.89 feet;North 63°54’40”East 181.30 feet;North
7 48°02’OO”East 111.04 feet;North 6l°37’36”West 117.16 feet;thence leaving said boundary of
8 Parcel 1,along the boundary of Parcel 2 of Lot Line Adjustment 78-13,through the following
9 courses:North 0°36’34”East 190.53 feet;South 45°33’30”East 71.68 feet;South 85°21’OO”East
10 112.13;thence leaving said boundary,along the easterly line of Parcel 1 of Lot Line Adjustment
11 92-034,through the following courses:North 5°19’40”East 133.34 feet;North 5°28’25”East
12 74.49 feet;North 14°56’15”West 67.00 feet;North 22°49’43”West 33.79 feet to the True Point
13 of Beginning
14 Said Annexation containing 39.392 Acres
15 Attached and Made part of is a map,designated as Exhibit “B”
16
17 Pre aredby:
18 I~7&1
19 G.Bart Stryker,R.C.E.13195 (Exp.3/31/01)
20
21 This proposal does meet the approval of the Orange County Surveyor’s Office
22 Dated this ________day of 1998.
23 By____________________________________
24 John Canas,County Surveyor
Page 2 of 2
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ANNEXATION NO.OCSD-4
HAIGH ANNEXATION TO
ORANGE COUNTY SANITATION DISTRICT
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EXHIBIT “C”
PROPOSED ANNEXATION NO.OCSD-4
HAIGH ANNEXATION TO
ORANGE COUNTY SANITATION DISTRICT
No.Owner A.P.No.Property Address
I Sutherland,Lawrence 503-491-12 1792 Terry Lynn Land,Santa Ana,CA 92705
2 Dunn,David 503-491-13 1782 Terry Lynn Lane,Santa Ana,CA 92705
3 Shapiro,William 503-491-16 1781 Terry Lynn Lane,Santa Ana,CA 92705
4 Grant,David 503-491-14 1762 Terry Lynn Lane,Santa Ana,CA 92705
4a Grant,David 503-491-15 1762 Terry Lynn Lane,Santa Ana,CA 92705
5 Turrini,Louis A.503-491-17 1791 Terry Lynn Lane,Santa Ana,CA 92705
6 Quigley,Michael 503-491-18 &19 1801 Terry Lynn Lane,Santa Ana,CA 92705
7 Katz,Gertrud 503-491-20 1831 Lemon Terrace,Santa Ana,CA 92705
8 Uehlinger,Diane 503-491-21 1821 Lemon Terrace,Santa Ana,CA 92705
9 Barloewen,Alex 503-491-22 1801 Lemon Terrace,Santa Ana,CA 92705
10 Avetoon,M.Mark 503-491-23 1761 Lemon Terrace,Santa Ana,CA 92705
11 Plou,James M.203-491-24 1754 Lemon Heights Dr.,Santa Ana,CA 92705
12 Schmidt,Robert 503-491-25 1744 E.Lemon Heights Dr.,Santa Ana,CA 92705
13 Davis,John L.503-491-27 1886 E.Lemon Heights Dr.,Santa Ana,CA 92705
14 Nanda,Mohit 503-491-28 1862 E.Lemon Heights Dr.,Santa Ana,CA 92705
15 Wesselink,Peter 503-491-29 &30 1812 E.Lemon Heights Dr.,Santa Ana,CA 92705
16 Bailey,Mark 503-491-31 &32 1782 E.Lemon Heights Dr.,Santa Ana,CA 92705
17 Robertson,Barrie 503-491-33 &34 1752 E.Lemon Heights Dr.,Santa Ana,CA 92705
18 Ryu,Chun 503-491-36 1882 E.Lemon Heights Dr.,Santa Ana,CA 92705
19 Karamardian,Zovak 503-491-37 1742 E.Lemon Heights Dr.,Santa Ana,CA 92705
20 Brosius,Donald 503-491-38 1864 E.Lemon Heights Dr.,Santa Ana,CA 92705
21 Haigh Builders Inc.503-491-63 to 69 7 Residential Parcels,Santa Ana,CA 92705
22 Brown,William 502-362-13 1872 E.Lemon Heights Dr.,Santa Ana,CA 92705
23 Brown,James 502-362-14 1882 E.Lemon Heights Dr,Santa Ana,CA 92705
1
EXHIBIT “C”
PROPOSED ANNEXATION NO.OCSD-4
HAIGH ANNEXATION TO
ORANGE COUNTY SANITATION DISTRICT
No.Owner A.P.No.Property Address
24 Smith,Robert R.502-362-15 1892 E.Lemon Heights Dr,Santa Ana,CA 92705
25 O’Toole,Dennis 502-362-16 1890 E.Lemon Heights Dr,Santa Ana,CA 92705
26 Dulebohn,James 502-381-02
&
502-381-03
1901 E.Lemon Heights Dr,Santa Ana,CA 92705
26a Dulebohn,James 1911 E.Lemon Heights Dr,Santa Ana,CA 92705
26b Dulebohn,James 1921 E.Lemon Heights Dr,Santa Ana,CA 92705
27 Duckor,Steven 502-381-05 1931 E.Lemon Heights Dr.,Santa Ana,CA 92705
28 Duckor,Steven 502-381-06 1935 Maverick Lane,Santa Ana,CA 92705
29 Summerfield,Thomas 502-381-02 1991 Maverick Lane,Santa Ana,CA 92705
30 V &A Griffith Inc.502-381-09 11022 Bent Tree Road,Santa Ana,CA 92705
31 Goodman,Tim 502-381-10 11012 Bent Tree Road,Santa Ana,CA 92705
32 Cunningham,William 502-381-11 1889 E.Lemon Heights Dr.,Santa Ana,CA 92705
33 Stuart,David L.502-381-16 &22 11032 Bent Tree Road,Santa Ana,CA 92705
34 Sullivan,Dennis 502-381-20 1951 E.Lemon Heights Dr.,Santa Ana,CA 92705
35 Takenaka,George 502-341-01 1896 E.Lemon Heights Dr.,Santa Ana,CA 92705
36 Sargeant,Homer 502-341-02 1894 E.Lemon Heights Dr.,Santa Ana,CA 92705
37 Graham,Gary 502-341-03 1912 Lemon Heights Dr.,Santa Ana,CA 92705
38 Hogan,Gregory 502-341-04 1902 E.Lemon Heights,Santa Ana,CA 92705
39 Shadbolt,Anthony 502-341-05 1898 E.Lemon Heights Dr.,Santa Ana,CA 92705
40 Chahbazian,Aram 502-341-06 1962 E.Lemon Heights Dr.,Santa Ana,CA 92705
41 Trigon Electronics 502-341-07 1982 E.Lemon Heights Dr.,Santa Ana,CA 92705
42 Tucker,Thomas 502-391-01 1945 Maverick Lane,Santa Ana,CA 92705
43 Garrett,Kenneth 502-391-07 2001 Maverick Lane,Santa Ana,CA 92705
44 Brown,Robert T.502-381-21 1961 E.Lemon Heights Dr.,Santa Ana,CA 92705
45 County of Orange 502-381-04
502-381-01
502-362-17
Tract No.694,Lot D
Tract No.694,Lot B
Tract No.694,Lot C
2
EXHIBIT “D”
PROPOSED ANNEXATION NO.OCSD-4
HAIGH ANNEXATION
AGREEMENT FOR PROVISION OF SEWER SERVICES
AND ANNEXATION OF PROPERTY TO THE
ORANGE COUNTY SANITATION DISTRICT
THIS AGREEMENT is made and entered into this _____day of
_,_,by and
between the Orange County Sanitation District (“District”)and
______________________
(“Owner”).District and Owner shall collectively be referred to herein as the “Parties”.
RECITALS
WHEREAS,the Owner is the owner of record of_acres of land,as shown on the
maps attached hereto as Exhibits “A”and “B”,which is located at
____________________
in the unincorporated area of Orange County,California (“the Property”);and
WHEREAS,the Property consists of Assessor’s Parcel Numbers
____________
and
WHEREAS,the Property is not located within the jurisdiction of any public agency
which provides sewer service;and
WHEREAS,the District is a County sanitation district formed and existing pursuant
to California Health and Safety Code Section 4700 et seq.,which provides wastewater
conveyance,treatment and disposal services to customers within its jurisdiction;and
WHEREAS,the Owner has requested that the District initiate proceedings before
the Orange County Local Agency Formation Commission (“LAFCO”)for the annexation of
the Property to the District;and
WHEREAS,the District’s sewer lines are in close proximity to the Property and the
District has agreed to undertake the requested annexation in accordance with the terms
of this Agreement;and
WHEREAS,the Owner has agreed to pay the fees and charges of the District in
connection with the provision of sewer services to the Property by the District;and
WHEREAS,the Owner has agreed to pay all fees and charges associated with the
annexation of the Property to the District as described in the Schedule of Fees attached
hereto as “Exhibit “C”and described herein in Section 4 of this Agreement
2096-100
69965_I 1 7/21/99
WHEREAS,the District finds that it is in the public interest to permit the Owner to
connect to the District’s sewer lines.
NOW,THEREFORE,the Parties agree as follows:
Section 1.Construction of Facilities
Owner shall participate in the costs of construction and ownership of all sewer
facilities located on private property,which are necessary to connect to the District’s sewer
system.Additionally,owner shall participate in the costs of construction and ownership of
those sewer facilities which lie within any public right-of-way,then upon completion and
acceptance of such facilities by the District,the same shall be dedicated to the District by
Owner.It is District’s understanding that the amount of owner participation for the costs
of construction and ownership of all sewer facilities is governed though an agreement
between owners and Haigh Builders Inc.Prior to construction of the sewer facilities,Owner
shall submit plans and specifications for construction of all sewer facilities and connection
to the District’s sewer system for approval by the District.District shall have the right to
inspect at any time all such construction and require changes the District deems necessary
for proper connection to the District’s sewer system.
Section 2.Provision of Sewer Services
District shall provide sewer services to Owner consisting of permitting connection
to the District’s sewer system for the transport of sewage from the Property to sewer trunk
lines owned and operated by District.
Section 3.Annexation
District agrees to undertake the annexation of the Property by resolution of
application to LAFCO.The Owner agrees to cooperate fully with the District in the
processing of the application before LAFCO,including but not limited to the completion of
all application requirements.Owner agrees to supply all legal descriptions,maps,
authorizations or other documentation requested by LAFCO.The Parties acknowledge
that the filing of the resolution of application to LAFCO constitutes the request of the
District to LAFCO for the annexation,and there is no guarantee that the Property will be
annexed to the District.In the event that LAFCO does not approve the requested
annexation,District will return to Owner only those fees and charges that have not been
aUocated or spent for actual expenditures incurred by District.In the event that LAFCO
does not approve the requested annexation,District will have no obligation to provide
sewer services to the Property.
2096-100
69965_I 2 7/21/99
Section 4.Fees and Charges
A.Exhibit “C”hereto is a list of the fees and charges applicable to the requested
annexation and the services of the District to the Property (the “Schedule of Fees”),which
is incorporated herein by this reference.Owner shall pay to District the fees and charges
described on the Schedule of Fees,and as of the date of this Agreement,Owner has
deposited with the District a portion of such fees and charges in the amount of $1,000 per
parcel,which shall be applied in accordance with Exhibit “C”.Owner acknowledges that
there may be additional fees and charges in connection with the requested annexation and
services of the District to the Property.District will debit any such additional fees and
charges to the outstanding balance described in Exhibit “C”.The outstanding balance,
together with any additional fees and charges shall become due and payable by Owner to
District at the time Owner makes application for a connection permit to District’s sewer
system.Owner acknowledges and agrees that Exhibit “C”is an estimate of actual fees and
the Schedule of Fees,including any rates thereof,may be subject to revision by the District
due to actual costs incurred at the time Owner makes application for a sewer connection
permit,including any reduction of connection fees approved by the District for 1999-2000
fiscal year
B.The Owner agrees,for itself and any subsequent owners,successors-in-
interest or assigns,that the District shall have the right to collect user fees either directly
on the Orange County property tax bill or by invoice to the owner of record for the Property
or any portion thereof.The Owner shall undertake the obligation to notify any purchaser
of the Property or any portion thereof,or any successor-in-interest or assignee of the
Owner with respect to the Property or any portion thereof,of the obligation under this
Agreement for the user fee payments.In the event that the Owner,or any subsequent
owner,successor-in-interest or assignee fails to make payment of fees upon request,then
District shall be under no obligation to continue sewer service and the District may
discontinue all services to the Property or any portion thereof without further notice.
C.Any payment received by the District that is later than thirty days (30)
following the date of notice of payment due by the District shall incur a one time penalty
of ten percent (10%)and shall accrue interest at the rate of three and one-half percent (3
2%)per month.
Section 5.Maintenance
The District is only responsible for maintenance of the public sanitary sewers in the
public right of way.This includes both gravity sewers and force main sewers that have
been dedicated to the District and are shown on sewer plans accepted and approved by
the District.This does not include responsibility to own,operate or maintain any portion of
the private sewage pump station built in the vicinity of the intersection of Sharon Lane and
Lemon Heights Drive.However,the owner has provided the District with an access
easement to the private pump station.The District intends to periodically monitor the
2096-100
69965_I 3 7/21/99
operation and condition of the private sewage pump station.In the event of an emergency
deemed so by the District,the District has a right to start up,stop and temporarily operate
the pump station until such emergency is considered back to normal.The owner shall fully
own,operate and maintain the pump station and any portion of the private force mains and
gravity sewers shown on the plans.
Section 6.Hold Harmless
Owner agrees,for itself and any subsequent owners of the Property or any portion
thereof,or successors-in-interest or assigns,to hold the District,its directors,officers,
agents and employees harmless from any and all claims,liabilities,or losses for personal
injury,death,or property damage arising out of or in connection with the provision of sewer
services to the Property or any portion thereof by the District.Further,Owner agrees to
provide District,its directors,agents and employees,at Owner’s sole expense,with a
defense of any and all actions,suits or other legal proceedings brought against the District,
its officers,agents,or employees arising out of or in connection with the provision of sewer
services to the Property under this Agreement,and the Owner and each of them shall
indemnify the District,its directors,officers,agents and employees against any and all
claims,demands,actions,or causes of action whatsoever arising out of or in connection
this Agreement or the services of the District to the Property or any portion thereof.
Section 7.Term and Termination
This Agreement shall remain in full force and effect until the Owner determines that
the sewer services of the District are no longer necessary or LAFCO fails to approve the
requested annexation.The District may terminate this Agreement,including the provision
of sewer service,for any material breach of this Agreement,including delinquent payment
by Owner or any subsequent owner of any portion of the Property,or any successor-in-
interest or assignee of the Owner.District shall provide Owner or the owner of record of
any portion of the Property with written notice of any material breach of this Agreement.
The Owner or the owner of record of any portion of the Property shall have thirty (30)days
from the date of notice to cure the breach to the satisfaction of the District.In the event
of the District’s termination of services under this Agreement for delinquency in payment
or other breach,the Owner,the successor-in-interest to the Owner or the owner of record
of any portion of the Property shall be responsible for disconnecting the Property from the
District’s sewer system.The party responsible for making the disconnection shall pay all
costs associated with the disconnection and shall submit plans for District approval prior
to disconnecting from the District’s system.
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Section 8.Subsequent Owner’s
At the time Owner makes conveyance of the Property or any portion thereof to a
purchaser,Owner shall notify the purchaser of this Agreement and Owner shall notify the
District in writing of the name and address of the purchasing party and the portion of the
Property conveyed.
Section 9.Assignment
The rights and obligations under this Agreement will be assigned by Owner to any
subsequent purchaser/owner of the Property and such assignment shall be effective on
notice to District.Absent delivery to District of an Assignment executed by any subsequent
purchaser!owner of the Property,the undersigned Owners will remain responsible for the
performance of this Agreement.
Section 10.Notices
All notices required to be given under this Agreement shall be deemed given upon
deposit in the United States mail,if mailed with prepaid postage,or upon personal delivery
to the parties hereto at the following addresses:
Owner
___________________________
District Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley,CA 92728-8127
Section 11.Attorneys’Fees
If District is required to file a legal action to enforce any rights or obligations under
this Agreement,including,but not limited to,amounts due and owing under this
Agreement,the District shall be entitled to recover all reasonable attorneys’fees and costs,
in addition to any other relief a court may deem proper.This provision shall only apply in
the event District prevails in such an action.
Section 12.Due Authorization
Each of the persons executing this Agreement on behalf of Owner and District
warrant and represent that they are duly authorized having full power and legal authority
to bind their respective parties to the terms of this Agreement,and each respective party
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has the full right,power,capacity and authority to enter into this Agreement and perform
all of its provisions and obligations.
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be
executed on the date and year set forth at each signature.
“DISTRICT”ORANGE COUNTY SANITATION DISTRICT
Date
ATTEST:
Chair,Board of Directors
Secretary
APROVED AS TO FORM:
THOMAS L.WOODRUFF
GENERAL COUNSEL
By_______
“OWNER”
Date
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69965_I
By:
Its Authorized Representative
6 7/21/99