HomeMy WebLinkAbout08 17TH ST. DESALTER 07-06-92CONSENT CALENDAR NO. 8
-6-92
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ATE: JUNE 23, 1992 s T
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/WATER DIVISION
SUBJECT., SUPPLEMENTAL AGREEMENT FOR 17TH STREET DESALTER
RECOMAWNDATION:
That the City Council, at its regularly scheduled meeting of July 6, 1992, approve the
supplemental agreement with Orange County Water District (OCWD) for Construction,
Operation, and Acquisition of a Groundwater Desalter.
BACKGROUND:
At its meeting of February 18, 1992, the City Council approved an agreement with OCWD for
Construction, Operation, and Acquisition of a Groundwater Desalter on City owned property at
18602 E. 17th Street. The agreement provided fof OCWD purchase of an adjacent 7,000 square
foot vacant lot to provide adequate space for construction of the desalter.
The City -owned parcel, along with all other outlying parcels owned by the Tustin Water Works,
was annexed into the City, as an island, shortly after City acquisition of the Water Works. The
adjacent parcel remains in unincorporated county area. Since the desalter would be constructed
on both parcels, design review and building permits would be required from both the County
of Orange and the City. This could delay the permitting process.
DISCUSSION:
OCWD has completed purchase of the adjacent parcel and has asked that it be annexed into the
City. The Local Agency Formation Commission (LAFCO) has informed the City and OCWD
that the California Government Code prohibits a City from annexing island areas in which it
does not have vested ownership rights. The Supplemental Agreement transfers ownership of the
adjacent parcel to the City immediately. This will allow annexation proceedings to be initiated
so that the permitting process may be streamlined.
W::�� 4,�k e_,,C�
Bob Leden esker
Director Public Works/City Engineer
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Attachment
Gary R. V&h
Water Service Manager
SUPPLEMENTAL AGREEMENT RE: AGREEMENT BETWEEN ORANGE COUNTY
WATER DISTRICT AND CITY OF TUSTIN FOR THE CONSTRUCTION,
OPERATION, AND ACQUISITION OF A GROUNDWATER DESALTER PROJECT
THIS SUPPLEMENTAL AGREEMENT is entered into as of
/7714 y 13 , 1992 by and between the ORANGE COUNTY WATER
DISTRICT, a governmental district organized and existing pursuant to the Orange County
Water District Act, Chapter 924, Stats. 1933, as amended, (hereinafter referred to as
"OCWD"), and the City of Tustin, a municipal corporation organized and existing pursuant
to the laws of the State of California (hereinafter referred to as "Tustin").
RECITALS
A. OCWD and Tustin entered into the "Agreement for the Construction, Operation,
and Acquisition of a Groundwater Desalter Project" as of February 18, 1992, (hereinafter
referred to as "Original Agreement") in order to construct and operate a desalter facility for
the removal of nitrates and total dissolved solids from groundwater produced from Tustin
Wells 17th Street No. 1, No. 2, and the Newport Well (hereinafter collectively referred to
as the "Project Facilities").
B. Section Three, Paragraph (c) of the Original Agreement addresses the acquisition
by OCWD of the parcel adjacent to the original site owned by Tustin on which the Project
Facilities would be constructed (hereinafter referred to as "Adjacent Parcel") and inclusion
of the parcel as part of the Project Facilities. OCWD has acquired such parcel which deed
describes said parcel as recorded in the official records of the County of Orange, State of
California as Instrument No. 92-029602 in the office of the County Recorder.
C. The Adjacent Parcel is located in unincorporated area of the County of Orange
while the original site is located within the City of Tustin. Since the desalter treatment
plant would be constructed on both parcels, design review and building permits would be
required from both the County of Orange and the City of Tustin.
D. To simplify and streamline the design and permitting process by including the
entire desalter treatment plant site within the jurisdiction of one municipality, the parties
desire to annex the Adjacent Parcel to the City of Tustin. The OCWD Board of Directors
has authorized such annexation by Resolution No. 91-11-256 adopted November 13,
1991.
E. Pursuant to State law, the Adjacent Parcel can only be annexed to the City of
Tustin if Tustin holds fee title to the Adjacent Parcel.
C. The parties now desire to supplement the original agreement by providing that
OCWD transfer fee title in the Adjacent Parcel to Tustin to facilitate the annexation to the
City of Tustin.
. STAR NO.
FILE W/OCWD 000.
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NOW, THEREFORE, in consideration of the facts recited above and the covenants,
conditions, and promises contained herein, the parties agree as follows:
Section One: Subject to Sections Two and Three below, OCWD shall transfer title
in the Adjacent Parcel to Tustin and Tustin shall accept such title.
Section Two: In the event that Tustin defaults on any of the terms, covenants or
conditions of the Original Agreement or this Supplemental Agreement or in the event that
the Original Agreement is terminated by OCWD or Tustin pursuant to Section Two of the
Original Agreement, fee title in the Adjacent Parcel shall revert back to OCWD and Tustin
shall provide a quitclaim deed within thirty (30) days of such default or termination.
Section Three: Except as modified herein, all provisions of -the Original Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement
as of the date first above written.
APPROVED AS TO FORM:
THOMAS NIXON
By
Assistant Counsel
Orange County Water District
APPROVED AS TO FORM:
ROURKE & WOODRUFF
By
City Attorneys,
City of Tustin
2
ORANGE COUNTY WATER DISTRICT
By __E&
President, Board of Directors
By
C_joiwa.I-Menage►' Assistant District Secretary
CITY OF TUSTIN
By __
Mayor
By
City Clerk