1955-2995WHEREAS, the Cities of Anaheim, Fullerton, Orange and Buena
Park, and the La Habra, Garden Grove, and Placentia Sanitary Districts,
hereinafter referred to as Sellers, and each of them, are owners of
certain undivided fractional interests in certain portions or sections
of the Magnolia Trunk Sewer generally described and commonly known as
Section A, Section B, Section C, Section D, Section E" and Section Et,
all of which said property is located in the County of Orange, State of
California, and more particularly described as follows:
Section A: The 78" sewer main on Bushard Street from the
pumping plant at Ellis Avenue to and including
the manhole at Talbert Avenue.
Section B: The 48" sewer main on Bushard Street from the
manhole at Talbert Avenue to and including the
manhole at Slater Avenue.
Section C: The 48" sewer main on Bushard Street from the
manhole at Slater Avenue to Smeltzer Avenue,
thence on Smeltzer Avenue to Cannery Street,
thence on Cannery Street to and including the
manhole on Bolsa Avenue.
Section D:
Section E
RESOLUTION NO. 2995
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM
AUTHORIZING THE SALE OF CERTAIN CONTINGENT
CAPACITY RIGHTS IN THE MAGNOLIA TRUNK SEWER
TO THE GARDEN GROVE SANITARY DISTRICT, FIXING
THE PRICE AND CONDITIONS OF SALE AND AUTHORIZ-
ING THE CITY OF ANAHEIM, AS CONTRACTING AGENT
FOR THE CITIES AND SANITARY DISTRICTS HEREIN
AFTER NAMED, TO EXECUTE A CONTRACT FOR AND ON
BEHALF OF SAID CITIES AND SANITARY DISTRICTS
FOR THE SALE OF SAID CONTINGENT CAPACITY RIGHTS.
The 48" sewer main on Cannery Street from
Bolsa Avenue to Westminster Avenue.
The 42" sewer main on Cannery Street from
Westminster Avenue to Garden Grove Boulevard,
along Garden Grove Boulevard from Cannery
Street to Magnolia Avenue; thence on Magnolia
Avenue from Garden Grove Boulevard to 1310
feet north of Lampson•Avenue.
Section E The 39" sewer main on Magnolia Avenue from
1310 feet north of Lampson Avenue to Katella
Avenue.
1
WHEREAS, said Sellers at the present time are jointly:
operating said Magnolia Trunk Sewer for the purpose of collee ing
and disposing of sewage arising in their respective areas, and
WHEREAS, the Garden Grove Sanitary District, hereinafter
referred to as Buyer, desires to purchase, and Sellers are willing
to sell to said Garden Grove Sanitary District the contingent sapne—
ity and capacity rights in those portions of the Magnolia Trunk Sewer
from the contingent capacity allotted to the territory in Contingent
Area No. 5, in the amounts hereinafter set forth in Exhibit A here—
to attached, so as to enable the Buyer to discharge into said portions
of said Magnolia Trunk Sewer, sewage collected within their boundaries,
at the price and at the time and upon the terms herein stated, and
said Buyer is willing to purchase said contingent capacity and capac—
ity rights in the above described portions of the Magnolia Trunk Sewer,
at the price and upon said terms and conditions, and
WHEREAS, the
CITY COUNCIL of the CITY
OF ANAHEIM does hereby find and determine that the above
mentioned amounts of capacity and capacity rights in the above mentioned
sections of said Magnolia Trunk Sewer allotted to said Contingent Area
No. 5 are not now needed for that area for present use or within a reason—
able time for any foreseeable or anticipated use, and that it would be
to the advantage of the Sellers to sell the capacity rights in said
sections of said Magnolia Trunk Sewer to said Garden Grove Sanitary
District as hereinafter more particularly set forth, thus obtaining a
partial reimbursement of the cost of the construction thereof,
NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL
of the CITY OF ANAHEIM that the sale of the Contingent
capacity and capacity rights in Section L, Section B, Section C, Section D,
2
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DELVE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution was adopted upon a final reading
at a regular meeting of the City Council of the
City of Anaheim, held on the 8 th day of November 19 by the
following vote of the members thereof:
AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim ap-
proved and signed said Resolution on the 8 th day of
November 19
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the City of Anaheim this _8th day of November 19 55
(SEAL)
CITY C1:,?TiK OF TIE CITY OF ANAHEIM
AGREEMENT OF SALE AND P�IRCHASE
THIS AGREEMENT made and entered into by and between the
City of Anaheim, as contracting agent for the Cities of Anaheim, Buena
Park Fu1lertor, Garden Grove, Orange and for the La Habra and Piaosiala
Sanitary Districts, as Sellers, and the Garden Grove Sanitary Dtstriat
of Orange County, California, as Buyer, all of which are duly organised
and existing by virtue of the Laws of the State of California.
W,TNESSETIi:
WHEREAS, the Sellers and each of them, are oynera of certain
undivided fractional interests in certain portions or sections of the
Magnolia Trunk sewer generally described and commonly known as Section
A, Section B, Section C, Section D, Section E and Section E all of
which said property is located in the County of Orange, State of
California, and more particularly described as follows:
Section A: The 78" sewer main on Bushard Street from the
pumping plant at Ellis Avenue to and including
the manhole at Talbert Avenue.
Section B: The 48" sewer main on Bushard Street from the
manhole at Talbert Avenue to and including the
manhole at Slater Avenue.
Section C: The 48" sewer main on Bushard Street from the
manhole at Slater Avenue to Smeltzer Avenue,
thence on Smeltzer Avenue to Cannery Street,
thence on Cannery Street to and including the
manhole on Bolsa Avenue,
Section D: The 48 sewer main on Cannery Street from
Bolsa Avenue to Westminster Avenue.
Section E ":The 42" sewer main on Cannery Street from
Westminster Avenue to Garden Grove Boulevard,
along Garden Grove Boulevard from Cannery
Street to Magnolia Avenue; thence on Magnolia
Avenue from Garden Grove Boulevard to 1510
feet north of Lampson Avenue.
Section E The 39" sewer main on Magnolia Avenue from
1310 feet north of Lampson Avenue to Satella
Avenue.
and
WHEREAS, said Sellers at the present time are operating the
said above defined and described property, and are carrying away there—
in sewage arising within their respective areas; and
WHEREAS, Sellers are willing to sell to the Buyer the con—
tingent capacity and capacity rights allotted to Contingent Area No.
5, as shown on the area_map of the Engineers Report of the Magnolia
Trunk Sewer, in the percentages hereinafter set forth, in the said
property hereinabove described, so as to enable Buyer to discharge
into said sewer, sewage collected within the boundaries of Buyer, at
the price and at the time and upon the terms herein stated, and Buyer
desires to purchase said capacity and capacity rights in all of said
property at the price and upon the terms herein stated.
NOW, THEREFORE, the parties hereto do hereby covenant, promise
and agree ao_follows:
1. SALE: That Sellers promise and agree to sell, and said
Buyer agrees to buy the following described percentage of contingent
capacity and capacity rights in the above described property allotted
to Contingent Area No. 5, for the consideration and upon the terms and
conditions hereinafter set forth and shown in Exhibit A hereto attached.
1. 5.66% of the total capacity of Section A of Magnolia
Trunk Sewer, as above defined and described;
2. 3.15% of the total capacity of Section B of Magnolia
Trunk Sewer, as above defined and described;
3. 3.22% of the total capacity of Section C of Magnolia
Trunk Sewer, as above defined and described;
4. 3.42% of the total capacity of Section D of Magnolia
Trunk Sewer, as above defined and described;
5. 5.23% of the total capacity of Section ESP of Magnolia
Trunk Sewer, as above defined and described;
8. 5.23% of the total capacity of Section El of Magnolia
Trunk Sewer, as above defined and described;
2
2. PURCHASE PRICE s The total purchase price which
$ellers agree to accept for the contingent capacity and capacity
rights herein being sold to Buyer, and which Buyer agrees to pay
to Sellers for said contingent capacity and capacity rights im hore--
shown in Exhibit k hereto
by fixed and determined as follows and
attached.
"Total Costs of Completed Contruction," as said term is
used in this numbered paragraph of this agreement, shall mean and
1
3
as
engineering, lega 9
thereon at the rate of
1950 to date of pay—
include all costs of construction, including
and incidental costs, together with interest
two per cent (2%) per annum from November 15
ment of purchase price,
3. XL OF PURCHASE PRICE s The total amount of said
purchase price shall be paid by Buyer to Sellers on the effective
date of completion of the Agraement,effective date being defined as
the date of signing by all of the parties to the Agreement.
That said total purchase price shall be paid to the CITY
OF ANAHEIM, one of the Sellers herein, who is hereby designated as
Agent for all the Sellers, to receive and accept payment of said
purchase price, and to hold the same in trust for all the Sellers,
and to disburse and distribute the same between the Sellers when their
percentage interests in the above described property, and in the
purchase price money has finally been determined and agreed upon be—
tween them.
4. COST OF MA NTENANCE AND OPERATION s Buyer shall be
liable for, and does hereby agree to pay its proportionate share of
all costs of maintenance and operation of the above described property
incurred from and after the time when Buyer commences use thereof,
upon the following basis:
Buyer's proportionate share of and liability for, costs
of maintenance and operation shall be determined, and shall be based
upon the proportion which the flow of sewage placed in the above
described property by flow of sewage placed in said property by all
the users thereof, and upon the same basis and formula as is used in
determining the shares of costs of maintenance and operation to be
paid by all other users thereof.
5. MAINTENANCE DEFINED: Maintenance of the above described
property is defined, and shall be construed to mean, the repair and
upkeep of the same, whether it requires installation of, or replace-
ment of new material or not, if the repair and upkeep be occasioned or
made necessary solely through the use thereof, together with the reason-
able and necessary costs of the removal of obstructions therefrom.
6, DATE FOR COMMENCEMENT OF USE: Buyer shall have the
right to connect its proposed trunk and lateral sewer system and lines
into the above described property at any time after the purchase price
has been paid in full in the manner hereinabove provided.
7. It is understood and agreed that all of the terms and
provisions of the Supplemental Agreement made and entered into by and be-
tween the Sellers herein during the year 1954, shall be binding upon the
Buyer except as herein otherwise provided.
IN WITNESS WHEREOF, each of the parties hereto have caused this
Agreement to be executed by its duly authorized officers, the day and year
set opposite its name.
Executed this --a_ day of
19 �3 0
CITY OF ANAHEIM, as Contracting
Agent for the Cities of Anaheim,
Fullerton, Orange, and Buena Parlc,
and the La Habra, and Placentia
Sanitary-District.
BYC
MAYO
CITY CLERK
"SELLERS"
GARDEN GROVE SANITARY DISTRICT
ATTEST:
BY
ATTEST:
PRESIDENT
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