1951-1895RESOLUTION NO. 1895
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM
AUTHORIZING THE Al:iv'NDKENT Or PARAGRAPH 22
OF THAT CERTAIN SALE AND PURCHASE AGREE-
MENT DATED FEBRUARY 28, 1951, BETWEEN THE
CITIES OF ANAHEIM, ''ULLERTOI, ORANGE AND
SANTA Ai'TA AND THE BUENA PARTK, GARDEN GROVE
LA HABRA AND PLACENTIA SANITARY DISTRICTS
AS SELLERS AND COUNTY SANITATION DISTRICTS
ONE, TWO, THREE, FIVE, SIX, SEVEN :a ND ELEVEN
AS BUYERS, AND AUTHORIZING THE MAYOR
AND THE CITY CLERK TO =CUTE THE AGREE
MENT HERETO ATTACHED SETTING FORTH SAID
A3 iENDM NT
WHEREAS, heretofore, to -wit, on the 28th day of February,
1951, an agreement of sale and purchase was made and entered
into by and between the Cities of Anaheim, Fullerton, Orange and
Santa Ana and the Buena Park, Garden Grove, La Habra and Placen-
tia Sanitary Districts as sellers and County Sanitation Districts
One, Two, Three, Five, Six, Seven and Eleven of Orange County as
buyers, for the sale of a portion of the Orange County Joint
Outfall Sewer System commonly known and designated as Section 1
thereof, and for the construction of certain new and additional
facilities, and
WHEREAS, said County Sanitation Districts have requested
said Cities and Sanitary Districts to enter into an agreement
amending Section 22 of said sale and purchase agreement for the
purpose of enabling County Sanitation District Number Three to
annex that portion of the Hidway City Sanitary District now lying
outside of the present boundaries of said County Sanitation Dis-
trict Number Three and more particularly described in the agr.e
ment hereto attached, and
!HERIAS, the City Council of the City of Anaheim
finds and determines that it would be to the aft-
tage and for the benefit and best interests of saic Cities
Sanitary Districts to enter into the agreement hereto attacc
amending said section of said agreement of sale and purchase
dated February 28, 1951, to the extent and in the manner as seL
-1-
forth in the attached agreement.
i ?OAT, TH.EREFORT, B. IT RESOLVED by the City Council
of the City of Anaheim that the amendment of Sec-
tion 22 of that certain agreement of sale and purchase made and
entered into on the 28th day of February, 1951, by and between
said Cities and Sanitary Districts as sellers and said County
Sanitation Districts as buyers, as set forth in the agreement
hereto attached and in the manner and to the extent herein set
forth be, and the same is hereby, approved.
AITD BE IT FURTHEF. RESOLVED that the MayorpRe Tzand the
City Clerk be, and they are hereby, authorized to execute an'
agreement in the form hereto attached for and on behalf of said
City of Anaheim
T.2 FORKTOIIM RESOLUTION is approved and sicned by me this
_,_,jam day of 19.14.
ATTEST:
g-zd/
City Clerk of the City of Anaheim
:2
4 -4-4.4.
M yorPmoof he City of Anaheim
STATE OF CALTOFaIA
COUNTY OF ORANGE as
CITY OF A*K
a.MIr
AMIN
T, ammo 1. swim City Clerk of the City of
do hereby certify that the foregoing Resolution
was passed and adopted at a regular meeting of the City Council
of the City of AMON held on the 11* clay offtomeer
1951_ by the following vote of the members thereof:
AYES: COUTCILLEIT: view, Sorbs sal Tau 1tarr.
NOES: COU TCILMxI: Ikao.
A SLITT COUNCILMEN: Psar`san aaa *paw.
AND I FURTHER CERTIFY that the ayor the City of
signed and approved said Resolution on the Mk
day of Mbar 199..
IN WITNESS '..TEREO.�y I have hereunto set my hand and
affixed the seal of the City of 00112X this 1 day of
r
THIS AGREEMENT entered into this day of
1951, by and between four cities hereinafter named, each
being duly organized and existing under the laws of the State of California,
and of the class designated after its name; four sanitary districts, each being
organized and existing under the laws of the State of California; said cities
and sanitary districts being for the purposes of this agreement called
NSELLERSU: and seven county sanitation districts, named as hereinafter set
forth, each of which is duly organized and existing under and by virtue of the
laws of the State of California, and hereinafter for the purposes of this agree—
ment called "BUYERS all of which cities and districts being situated in the
County of Orange, State of California, and named as follows:
CITY OF SANTA ANA (5th Class)
CITY OF ANAHEIM (6th Class)
CITY OF FULLERTON (6th Class)
CITY OF ORANGE (6th Class)
BUENA PARK SANI—
TARY DISTRICT
GARDEN GROVE SANI-
TARY DISTRICT,
LA HABRA SANITARY
DISTRICT
PLACENTIA SANITARY
DISTRICT
and
COUNTY SANITATION DISTRICT
NO. 1 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT
NO. 2 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT
NO. 3 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT
NO. 5 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT
NO. 6 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT
NO. 7 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT
NC. 11 OF ORANGE COUNTY
A G R E E M N T
SELLERS.
BUYERS.
1
RECITALS
WHEREAS, the Sellers and each of them are the same parties
who are named as Sellers and the Buyers and each of them are the same
parties who are named as Buyers in that certain Agreement between the
Sellers and Buyers dated February 28, 1951, and entitled "AGREEMENT OF
SALE AND PURCHASE:" and
WHEREAS, at the date of execution of said Agreement of
February 28, 1951, all of the "territory within the MIDWAY CITY SANITARY
DISTRICT, save and except the parcels of real property hereinafter designated
as Area No. 1" and "Area No. 2 was within and a part of Sanitation District
No. 3 of'Orange County, one of the parties hereto; and.
WHEREAS, at the time of execution of said Agreement of
February 28, 1951, said territory "Area No, 1" and "Area No. 2" was, and
is now, within and a part of MIDWAY CITY SANITARY DISTRICT, but is not
now, and never has been within or a part of Sanitation District No. 3 of Orange
County, or in any other Sanitation District in Orange County, California; and
WHEREAS, proceedings are now pending before the Board of
Supervisors of Orange County, California, for the annexation of said territory,
"Area No. 1" and "Area No. 2" to Sanitation District No. 3, of Orange County;
and
WII T NE S S ET H:
WHEREAS, it is for the best interests of MIDWAYY CITY SANI-
TARY DISTRICT, and all of the parties hereto., that the entire territory within
said MIDWAY CITY SANITARY DISTRICT, as of February 28, 1951, including
said territory "Area No. 1" and "Area No. 2 be within and a part of said
Sanitary District No. 3 of Orange County, and entitled to all the benefits,
and subject to all the burdens of the said above mentioned Agreement of
February 28: 1951;
2
WHEREAS, said annexation proceedings cannot be completed
until Paragraph 22, entitled "TERRITORY TO BE mono of said Agreement
of February 28, 1351, entitled "AGREEkENT OF SALE AND PURCHASE"
has been amended so as to permit the annexation of said territory to Sanitary
District No. 3 of Orange County.
NOW, THEREFORE, in consideration of the foregoing, the
parties hereto do hereby covenant, promise and agree as follows:
(1) That paragraph 22, entitled "TERRITORY TO BE SERVED"
of said Agreement of Sale and Purchase dated February 28, 1951, between the
parties hereto be and the same hereby is amended so as to read as follows:
"22 TERRITORY TO BE SERVED.
"It is understood and agreed that the territory
of said County Sanitation Districts is not to be enlarged,
nor shall any territory outside their boundaries be
permitted to drain into said Section One or into the
enlarged facilities provided by said County Sanita-
tion Districts, unless additional treatment and
disposal facilities are provided adequate to fully
care for all of the sewage arising within the present
boundaries of Buyers and Sellers and also to care
for all of the sewage anticipated from the area or areas
proposed to be added to one or more of such sanitation
districts and from any such outside area which is to be
permitted to drain into said Section One or said enr»
larged facilities; PROVIDED, HOWEVER, that noth-
ing in the foregoing paragraph shall in any way pre-
vent, restrict or prohibit the annexation to County
Sanitation District No. 3 of Orange Ceilikt7
Clifornia, of the territory hereinafter des.-
cribed as "Area No. 1" and "Area No. 2
Which *aid territory so annexed, shall, for
all purposes of this said Purchase and Sale
Agreement, be treated as though it were a
part of Sanitation District No. 3, at the time
of execution of said Purchase and Sale Agree-
ment of February 28, 1951.
"The territory hereinabeve mentioned
as "Area No. 1" and "Area No, 2" is situated
in the County of Orange, State of California, and
is hereinafter described as follows
"AREA NO. 1s
"Bering at a point of intersection o; the swath
line of Tract No. 409, with the center line. of
Springdale Street, thence southerly along the
center line of Springdale Street to the southeast
corner of northeast quarter (NE 114) of the north
east quarter (NE 1/4) of Section 9, T5S, R11W.
SBBB&IM, thence westerly along the south lino
of the northeast quarter (NB 114) of the northeast
quarter (NE 114) of said section 9, to the southwest
corner of Tract No. 6611 thence northerly along the
west line of Tract No, 661 to a point of intersection with
the northwesterly line of Rancho Las Solves, thence
northeasterly along the northwesterly line of Rancho
Las Poises to a point of intersection with the west line
of Deed 1805 -33, thence northerly along the West line of
Deed 1805-33 to the north line of said Deed 1805-33,
thence easterly along the north line of Deed 1805-33
to to a point ,of intersection with the northwesterly line
of Rancho Las Boleas, thence northeasterly along the
northwesterly .line of Rancho Las Bolaas to a point of
intersection with the center line of Springdale Street,.
thence- southerly along the center line of Springdale
Street to the point of beginning.
"AREA NO. 2.
Beginning at a point of intersection of the south
line of the north half (N 1/2) of Section 10, T5S, R11W,
SBB&M and the center line of Edwards Street, thence
southerly to the north boundary line of the S.P.R.R.
right -of —way, thence westerly along the north boundary
line of the S.P.R,R, right —of —way to an intersection
with the southerly prolongation of the centerline of
Cedar Street, thence northerly along the southerly
prolongation of the center line of Cedar Street to
the south line of the north half (N 1/2) of Section 10,
T5S, R11W, SBB&M, thence easterly along said
south line of the north half (N 1/2) of said Section 10,
to the point of beginning.
"No sanitation district is authorized to dis—
charge into said Section One or any part thereof any
sewage in excess of the capacity therein allotted to
such district by this contract.
"No sanitation district shall have the right
to discharge sewage into said Section One prior to the
time that possession is delivered the sanitation
districts in accordance with the provisions of
paragraph 15 hereof„"
(2) It is further understood and agreed that nothing herein
contained shall be construed to constitute a waiver of any of the rights of
the sellers under said paragraph 22 of the Agreement of Sale and Purchase
dated February 28, 1951, nor a waiver of the right to insist upon strict
compliance therewith in the future, except as to the amendment herein agreed
upon.
IN WITNESS WHEREOF, each of the parties hereto has
caused this contract to be executed by its duly authorized officers the day
and year first above written.
5
STATL or CALi On IA
COUNTY OF own as
CITY OF
I,_ SA ES OR,IFFITH City Clerk of the City of
Anaheim do hereby certify that the foregoing Resolution
was passed and adopted at a regular meeting of the City Council
of the City of Anaheim held on •uhe 11th day of December
1951 by the following vote of the members thereon::
AYES: COUi1CILi''i Wieser, Heying, and 4an Wagoner.
HOES: COUNCIL :Ti!: stone►
COUNCILMEN: Pearson and Boney.
Ai;D FURTHER CERTIFY that the Mayor
so lo
of the City of
Anaheim signed and approved said Resolution on the 11th
day of December 196
IN WITNESS WHEREOF, I have hereunto set my hand and
aff i':ed the seal of the City of Anaheim
December ,19
this uth clay of
CITY CLERK OF THE CITY Or ANAHEIM