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1997-0304_ORANGE , COUNTY OF_Offer and Agreement2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GA 126-8.1 & 8.2 PM 126-22.1, 22.2, 22.3, & 22.4 Refuse Disposal Station # 26 OFFER AND AGREEMENT TO EXCHANGE EASEMENTS This Offer and Agreement to Exchange Easements is made , 199?, by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY," and the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY." RECITALS A. COUNTY currently owns and operates the Prima Deshecha Landfill ("Prima") in the City of San Juan Capistrano. B. COUNTY maintains a gas header (the "Header") as part of its landfill gas control system at Prima as required by various state and federal regulations governing the operation of landfills. C. COUNTY must relocate a section of the Header from its current location at the edge of the present refuse fill area in order to accommodate the next stage of refuse fill. D. The best location for the Header is adjacent to an existing firebreak road (the "Firebreak") which is partially on CITY property and partially on COUNTY property. E. COUNTY desires to relocate the Header to the easterly side of the Firebreak and use certain portions of the Firebreak which are on CITY Property. F. CITY operates a non -motorized recreational trail system and wishes to include use of certain portions of existing trails located on Prima. G. CITY and COUNTY are each willing to grant to the other easements for the respective uses described above. Said easements are hereinafter referred to as "City Easements," described and shown in Exhibit 1 and Exhibit 2, and "County Easement," described and shown in Exhibit 3, which exhibits are attached hereto and by reference made a part hereof. NOW, THEREFORE, COUNTY and CITY agree as follows: A. CITY: 1. Shall exchange City Easements for County Easement. 2. Shall at CITY's sole expense design and construct access control gates, a motorcycle barrier and interrelated fencing as shown on Exhibit 4 (City Improvements). 3. Shall execute, acknowledge and deliver to COUNTY Easement Deeds in the forms of Exhibit 1 and Exhibit 2 within 30 days of the date of execution by both CITY and COUNTY of this agreement to exchange. RAW:\D0CS\PR1MW\SJCEXCH.104 2/5197-1-1 -1- 2 3 4 5i 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Shall pay the premium charged for insuring title to County Easement, if such insurance is desired by CITY. B. COUNTY: 1. Shall exchange County Easement for City Easements. 2. Shall execute and acknowledge an Easement Deed in the form of Exhibit 3 and shall deliver said Easement Deed to CITY by causing it to be recorded in the office of the Orange County Recorder within 60 days of the date of execution by both CITY and COUNTY of this agreement to exchange. 3. Shall pay escrow fees and recording fees, if any, and the premium charged for insuring title to City Easements, if such insurance is desired by COUNTY. 4. Shall maintain and repair the Firebreak at COUNTY s sole cost and expense to meet the requirements of the Orange County Fire Authority and other pertinent regulations. C. CITY and COUNTY: Shall neither be required to provide title insurance in this exchange. 2. Agree that this instrument contains the entire agreement between the parties relating to the agreement to exchange easements described herein and all negotiations and agreements between the parties hereto or their agents with respect to this transaction are merged herein. Any oral representation, modification, or waivers concerning this instrument shall be of no force or effect except in a subsequent instrument made in writing, and signed by both parties. Time is of the essence in the performance of the parties' respective obligations herein contained. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. This agreement shall be governed by and construed according to the laws of the State of California. The invalidity of any provision in this agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 3. Agree that nothing expressed or mentioned in this agreement to exchange is intended or shall be construed to give any person, other than the parties hereto and their respective successors and assigns, any legal or equitable right, remedy or claim under or in respect of this agreement to exchange or any provisions hereof being intended to be and being for the sole and exclusive benefit to the parties hereto and their successors and assigns described above, and for the benefit of no other person. D. All documents, correspondence and communications concerning this transaction shall be directed as set forth below or as either party may hereafter designate by written notice: COUNTY: CITY: County of Orange City of San Juan Capistrano Integrated Waste Management Department 32400 Paseo Adelanto 320 North Flower St., Suite 400 San Juan Capistrano, CA 92675 Santa Ana, CA 92703 Attention: Real Estate RA WADOCSIPRIMAkSWEXCH.103 1115/97-2-1 -2- 1 2 3 4 5 6 7 8 9 10 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. This agreement includes the following, which are attached hereto and made a part hereof: EXHIBITS EXHIBIT 1—Easement Deed (GA 126-8.1) EXHIBIT 2—Easement Deed (GA 126-8.2) EXHIBIT 3—Easement Deed (PM 126-22.1, 22.2, 22.3, & 22.4) EXHIBIT 4—City Improvements RA WADOCSWR1MA%SJCEXCH.103 1115197-3-1 -3- 1 2 3 4 6 7 9 10 11i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 � 1 0 IN WITNESS WHEREOF, the parties have executed this Offer and Agreement to Exchange Easements the day and year first above written. APPROVED AS TO FORM Laurence M. Watson County Counsel By RECOMMENDED FOR APPROVAL GSA/Real Estate By 46f7l Integrated Waste Management Department SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. A17 c��xL�I Darlene . Bloom Clerk of the Board of Supervisors of Orange County, California RA W.q=STRMA\SXEXCH.103 1115/97-04 -4- CITY CITY OF SANK JUAN By Davi we aTTES / By COUNTY COUNTY OF ORANGE Y Chairman of the Board of Supervisors Recorded at request of, and • • WHEN RECORDED MAIL TO: County of Orange Integrated Waste Management 320 N. Flower St., Suite 400 Santa Ana, CA 92703 ATTENTION: Real Estate Project/Parcel No: GA 126-8.1 Project: Refuse Disposal Station #26 Prima Deshecha Landfill EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "GRANTOR," does hereby grant a non-exclusive easement for access road and firebreak purposes in the County of Orange, State of California, described on Exhibit A, attached hereto and by reference made a part hereof, to the COUNTY OF ORANGE hereinafter referred to as "GRANTEE," By acceptance of this deed, GRANTEE agrees that this grant is subject to the following express limitations: This easement is conveyed subject to all liens, encumbrances, covenants, conditions, restrictions and rights of way of record or apparent. All improvements constructed or placed in the easement by GRANTEE shall be operated and maintained at no cost to GRANTOR. GRANTEE shall maintain said improvements in a good state of repair. GRANTEE shall maintain the easement as a firebreak at GRANTEE's sole cost and expense to meet the requirements of the Orange County Fire Authority and other pertinent regulations. 3. Should the GRANTEE modify, remove or damage any improvements installed by the GRANTOR, M GRANTEE hereby agrees to reinstall or replace said improvements at no cost to GRANTOR. X4. GRANTEE shall save GRANTOR, its agents, officers and employees harmless from any and all RA WA0WSWRIMA\SJCDEED.101 01/15/97-1 MAIL TAX STATEMENTS AS DIRECTED ABOVE penalties, liabilities, or losses resulting from claims or Court action arising directly or indirectly out of any damage or injury to persons or property by reasons of the action or omissions of the 1Tf GRANTEE in exercising any of the privileges herein granted or in consequence thereof. ,1 5. " l Unless otherwise provided in this Easement Deed, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all parties hereto, all of whom shall be jointly and severally liable hereunder. RA WA0WSWRIMA\SJCDEED.101 01/15/97-1 MAIL TAX STATEMENTS AS DIRECTED ABOVE • • • Sept. 19, 1996 Exhibit "A" LEGAL DESCRIPTION Project: Prima Deschecha Landfill Project No.: GA 126 Parcel No.: 8.2 Por. of A.P. No.: 124-140-60,64 Location: City of San Juan Capistrano Parcel A: That portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, lying southerly, southeasterly and easterly of a line that is parallel and concentric with and 15.00 feet northerly, northwesterly and westerly of the following described line: Beginning at the most northerly corner of that certain parcel of land described in Parcel GA 126-3.4 of a deed to the County of Orange, recorded July 15, 1976 in book 11813, page 148 of official Records in the office of the County Recorder of said county; thence S.30 -50116"W., 276.19 feet along the northwesterly line of said Parcel GA 126-3.4 to the TRUE POINT OF BEGINNING; thence S.85020'59"W., 38.09 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 60.00 feet; thence Southwesterly 59.62 feet along said curve through a central angle of 55°58156"; thence tangent to said curve S.29022'02"W., 516.50 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 300.00 feet; thence Southwesterly 136.65 feet along said curve through a central angle of 26005'57"; thence tangent to said curve S.03016'06"W., 19.31 feet to said northwesterly line. EXCEPTING THEREFROM that portion of land lying southeasterly of said northwesterly line of Parcel GA 126-3.4. APPROVED: ROBERT LIVINbSTON, Chief Right -of -Way Engineering Y-1- 9Q C1 _No. 30823 V. P. ROSALES ,� E■p.3-31-co Registered Civil Engineer C 1V" Certificate No. 30829 9J Of�F5 Expiration Date: March 31, 2000 -1- MS:5092110261798 LEGAL DESCRIPTION Project: Prima Deschecha Landfill Project No.: GA 126 Parcel No.: 8.2 Por. of A.P. No.: 124-140-60,64 Location: City of San Juan Capistrano Parcel B: Sept. 17, 1996 That portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, lying southeasterly and easterly of a line that is parallel and concentric with and 15.00 feet northwesterly and westerly of the following described line: Beginning at the northeasterly terminus of that certain course in the general westerly line of that certain parcel of land described in Parcel GA 126-3.4 of a deed to the County of Orange, recorded July 15, 1976 in book 11813, page 148 of Official Records in the office of the County Recorder of said county, cited as having a bearing of S.14a50'52"W. and a length of 674.69 feet; thence S.14°50152"W., 50.50 feet along said certain course to the TRUE POINT OF BEGINNING; thence S.64037126"W., 82.00 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 150.00 feet; thence Southwesterly and Southerly 189.86 feet along said curve through a central angle of 72°31'14"; thence tangent to said curve S.7°53148"E., 269.21 feet to a point on said certain course, distant thereon N.14050152"E., 150.44 feet from its southwesterly terminus. EXCEPTING THEREFROM that portion of land lying easterly of said general westerly line of Parcel GA 126-3.4. APPROVED: ROBERT Gl Chief Right-of-WayEnglineering S R4EESS�N9! X5,9 y ' f W . 30829 V. P. ROSALES* Exp 3 •00 Registered Civil Engineer �A CIV�I < Certificate No. 30829 Expiration Date: March 31, 209�OFCAL��� -2- MS:5092110261798 • • Sept. 17, 1996 LEGAL DESCRIPTION Project: Prima Deschecha Landfill Project No.: GA 126 Parcel No.: 8.2 Por. of A.P. No.: 124-140-60,64 Location: City of San Juan Capistrano Parcel C: That portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, described as follows: Beginning at the southerly terminus of that certain course in the general westerly line of that certain parcel of land described in Parcel GA 126-3.4 of a deed to the County of Orange, recorded July 15, 1976 in book 11813, page 148 of Official Records in the office of the County Recorder of said county, cited as having a bearing of S.3034'26"E. and a length of 790.91 feet; thence N.30341261 -W., 233.05 feet along said certain course to the TRUE POINT OF BEGINNING; thence N.3034126"W., 259.74 feet along said certain course; thence leaving said certain course 5.14046'58"W., 41.13 feet to the beginning of a tangent curve, concave easterly and having a radius of 265.00 feet; thence Southerly 150.78 feet along said curve through a central angle of 32036'00"; thence tangent to said curve S.17049'02"E., 74.34 feet to the TRUE POINT OF BEGINNING. APPROVED: ROBERT LIVINGSTON, Chief okkESSIOkq� Right -of -Way Engineering S �@ sq JP �J W V. P. ROSALES Registered Civil Engineer Certificate No. 30829 CM Expiration Date: March 31, 20 9'C Of CA`�E -3- MS:5092110261798 LEGAL DESCRIPTION Project: Prima Deschecha Landfill Project No.: GA 126 Parcel No.: 8.1 - Por. of A.P. No.: 124-140-66 Location: City of San Juan Capistrano Parcel D: Sept. 19, 1996 That portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, in the County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, described as follows: Beginning at the southeasterly terminus of that certain course in the southwesterly line of that certain parcel of land described in Parcel GA 126-3.4 of a deed to the County of Orange, recorded July 15, 1976 in book 11813, page 148 of Official Records in the office of the County Recorder of said county, cited as having a bearing of S.3°34'26"E. and a length of 790.91 feet; thence N.303412611W., 1.92 feet along said certain course to a point hereinafter referred to as Point A; thence leaving said southwesterly line 5.47059'52"W., 103.99 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 265.00 feet; thence Southwesterly 96.26 feet along said curve through a central angle of 20048'44"; thence tangent to said curve 5.27"11108"W., 130.03 feet to the beginning of a tangent curve, concave northwesterly and having a radius of 85.00 feet; thence Southwesterly 38.04 feet along said curve through a central angle of 25038121"; thence tangent to said curve 5.52049'30"W., 173.99 feet to a point hereinafter referred to as Point B, said lines and curves between said Point A and said Point B hereinafter referred to as Traverse No. 1; thence 5.37010132"E., 30.00 feet to a point on a non -tangent curve, concave southeasterly and having a radius of 100.00 feet, a radial line of said curve to said point bears N.37010132"W., said point hereinafter referred to as Point C; thence Northeasterly 51.92 feet along said curve through a central angle of 29044'57"; thence tangent to said curve N.82°34125"E., 113.48 feet to the beginning of a tangent curve, concave northwesterly and having a radius of 165.00 feet; thence Northeasterly 72.97 feet along said curve through a central angle of 25020115"; thence tangent to said curve N.57°14'10"E., 56.63 feet to the beginning of a tangent curve, concave southerly and having a radius of 205.00 feet; thence Easterly 189.44 feet along said curve through a central angle of 52°56'52" to a point on that, certain course cited as having a bearing of 5.20053'19"E., and a length of 1098.78 feet in said southwesterly line, said point hereinafter referred to as Point D, said lines and curves between said Point C and said Point D hereinafter referred to as Traverse No. 2; thence N.20°53119"W., 38.03 feet along last said certain course to a point on a non -tangent curve, having a radius of 235.00 feet and that is concentric with and 30.00 feet northerly and northwesterly from that certain curve described in said Traverse No. 2 as having a radius of 205.00 feet and a central angle of 52°5615211, a radial line of said first mentioned curve to said point bears N.14°04151"E., thence Westerly 192.14 feet along said curve through a central angle of 46°50141"; thence S.57°14'10"W., 56.63 feet, continuing parallel and concentric with and northerly and northwesterly 30.00 feet from said Traverse No. 2, to the beginning of a tangent curve, concave -4- MS:5092110261798 • -• northwesterly and having a radius of 135.00 feet; thence Southwesterly 51.67 feet along said curve through a central angle of 21.55'43" to the beginning of a compound curve, concave northeasterly and having a radius of 25.00 feet; thence leaving said parallel and concentric line, Northwesterly, Northerly and Northeasterly 65.76 feet along said curve through a central angle of 1500421131, to the beginning of a reverse curve having a radius of 115.00 feet that is concentric with and 30.00 feet southeasterly from that certain curve described in said Traverse No. 1 as having a radius of 85.00 feet and a central angle of 25°38'21"; thence Northeasterly 45.53 feet along said reverse curve through a central angle of 22°40158"; thence N.27°11'08"E., 130.03 feet, continuing parallel and concentric with and southeasterly 30.00 feet from said Traverse No. 1, to the beginning of a tangent curve, concave southeasterly and having a radius of 235.00 feet; thence Northeasterly 85.36 feet along said curve through a central angle of 20048'44"; thence N.47059'52"E., 91.80 feet to an intersection with said southwesterly line of Parcel GA 126-3.4; thence leaving said parallel and concentric line N.20°53'19"W., 30.55 feet along said southwesterly line to the POINT OF BEGINNING. APPROVED- ROBERT PPR� �•• ROBERT LIVI ST 'Chief Right -of -Way Engineering Sectipo- V. P. ROSALES tC� N0. 30V9 Registered Civil Engineer Certificate No. 30829 Expiration Date: March 31, 2Tr -5- MS:5092110261798 0 0 GRANTOR CITY OF SAN JUAN CAPISTRANO By David M. Swerdlin, Mayor 0 Cheryl Johnson, City Clerk ACKNOWLEDGMENT On , 1994, before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature APPROVALS Approved as to Form County Counsel By Date RA W.\00CS\PRIMA\SJCDEED.101 01/15/97-2 RA W.\00CS\PRIMA\SJCDEED.101 01/15/97-2 Recorded at request of, and • WHEN RECORDED MAIL TO: County of Orange Integrated Waste Management 320 N. Flower St., Suite 400 Santa Ana, CA 92703 ATTENTION: Real Estate Project/Parcel No: GA 126-8.2 Project: Refuse Disposal Station #26 Prima Deshecha Landfill EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "GRANTOR," does hereby grant a non-exclusive easement for landfill gas header system purposes in the County of Orange, State of California, described on Exhibit A, attached hereto and by reference made a part hereof, to the COUNTY OF ORANGE hereinafter referred to as "GRANTEE," By acceptance of this deed, GRANTEE agrees that this grant is subject to the following express limitations: 1. This easement is conveyed subject to all liens, encumbrances, covenants, conditions, restrictions and rights of way of record or apparent. 2. All improvements constructed or placed in the easement by GRANTEE shall be operated and maintained at no cost to GRANTOR. GRANTEE shall maintain said improvements in a good state of repair. 3. Should GRANTEE modify, remove or damage any improvements installed by GRANTOR, GRANTEE hereby agrees to reinstall or replace said improvements at no cosi to GRANTOR. 4. GRANTEE shall save GRANTOR, its agents, officers and employees harmless from any and all penalties, liabilities, or losses resulting from claims or Court action arising directly or indirectly out N of use of this easement for a landfill gas header system and/or any damage or injury to persons or property by reasons of the action or omissions of the GRANTEE in exercising any of the privileges herein granted or in consequence thereof. W 5. Unless otherwise provided in this Easement Deed, the terms, covenants, and conditions r�. contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all parties hereto, all of whom shall be jointly and severally liable hereunder. RA W:1D0CSPRINW%JCDEED.201 OV15WA MAIL TAX STATEMENTS AS DIRECTED ABOVE Exhibit "A" LEGAL DESCRIPTION Project: Prima Deschecha Landfill Project No.: GA 126 Parcel No.: 8.1 Por. of A.P. No.: 124-140-60,64 Location: City of San Juan Capistrano Parcel A: Sept. 6, 1996 A strip of land, 30.00 feet wide, in that portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the official Plat of said land filed in the District Land Office, April 12, 1875, the center line of said strip being described as follows: Beginning at the most northerly corner of that certain parcel of land described in Parcel GA 126-3.4 of a deed to the County of Orange, recorded July 15, 1976 in book 11813, page 148 of Official Records in the office of the County Recorder of said county; thence S.30050116"W., 276.19 feet along the northwesterly line of said Parcel GA 126-3.4 to the TRUE POINT OF BEGINNING; thence S.85020'59"W., 38.09 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 60.00 feet; thence Southwesterly 58.62 feet along said curve through a central angle of 55058'56"; thence tangent to said curve S.29022'02"W., 516.50 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 300.00 feet; thence Southwesterly 136.65 feet along said curve through a central angle of 26°05157"; thence tangent to said curve S.03016106"W., 19.31 feet to said northwesterly line, The side lines of said strip shall terminate on said northwesterly line. APPROVED: ROBERT LIVINGST N, Chief Right -of -Way En ineering V. P. ROSALES L - - ... No- 30829 ' Registered Civil Engineer \*O U�—oCertificate No. 30829 CMV �a\P Expiration Date: March 31, 2000 4) OFCWU -1- MS:5092110261798 LEGAL DESCRIPTION Project: Prima Deschecha Landfill Project No.: GA 126 Parcel No.: 8.1 For. of A.P. No.: 124-149-60,64 Location: City of San Juan Capistrano Parcel B: Sept. 6, 1996 A strip of land, 30.00 feet wide, in that portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, the center line of said strip being described as follows: Beginning at the northeasterly terminus of that certain course in the general westerly line of that certain parcel of land described in Parcel GA 126-3.4 of a deed to the County of Orange, recorded July 15, 1976 in book 11813, page 148 of Official Records in the office of the County Recorder of said county, cited as having a bearing of S.14°50'52"W. and a length of 674.69 feet; thence S.14050152"W., 50.50 feet along said certain course to the TRUE POINT OF BEGINNING; thence S.64°37126"W., 82.00 feet to the beginning of a tangent curve, concave southeasterly and having a radius of 150.00 feet; thence Southwesterly and Southerly 189.86 feet along said curve through a central angle of 72°31'14"; thence tangent to said curve S.7°53148"E., 269.21 feet to a point on said certain course, distant thereon N.14050152"E., 150.44 feet from its southwesterly terminus. The side lines of said strip shall terminate on said certain course. APPROVED: ROBERT LIVINGSTON, JChief Right -of -Way Engineering Sectio u V. P. ROSALES Registered Civil Engineer Certificate No. 30829 Expiration Date: March 31, 2000 MS:5092110261798 No. 30829 tu3:-S _2_ LEGAL DESCRIPTION Project: Prima Deschecha Landfill Project No.: GA 126 Parcel No.: 8.1 Por. of A.P. No.: 124-140-60,64 Location: City of San Juan Capistrano Parcel C: Sept. 17, 1996 That portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, described as follows: Beginning at the southerly terminus of that certain course in the general westerly line of that certain parcel of land described in Parcel GA 126-3.4 of a deed to the County of Orange, recorded July 15, 1976 in book 11813, page 148 of Official Records in the office of the County Recorder of said county, cited as having a bearing of S.3°34'26"E. and a length of 790.91 feet; thence N.3034126"W., 233.05 feet along said certain course to the TRUE POINT OF BEGINNING; thence N.3034126"W., 259.74 feet along said certain course; thence leaving said certain course S.14°46158"W., 41.13 feet to the beginning of a tangent curve, concave easterly and having a radius of 265.00 feet; thence Southerly 150.78 feet along said curve through a central angle of 32036'00"; thence tangent to said curve S.17049'02"E., 74.34 feet to the TRUE POINT OF BEGINNING. APPROVED: ROBEIT LIVI GST N, Chief Right -of -Way Engineering Secti90 30829 V. P. ROSALES * t*3-31-oD Registered Civil Engineer Certificate No. 30829 �n. tr C, It Expiration Date: March 31, 2000 iA'` OF Cp -3- MS:5092110261798 GRANTOR CITY OF SAN JUAN CAPISTRANO By David M. Swerdlin, Mayor By Cheryl Johnson, City Clerk ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) On , 1994, before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature APPROVALS Approved as to Form County Counsel By Date RA \NAD0CSIPRNA\SJCDEED.20101/15197-2 Recorded at request of, and WHEN RECORDED MAIL TO: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTENTION: Cheryl Johnson, City Clerk s Project/Parcel No: PM 126-22.1, 22.2, 22.3, & 22.4 Project: Refuse Disposal Station #26 Prima Deshecha Landfill EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUNTY OF ORANGE hereinafter referred to as "GRANTOR," does hereby grant a non-exclusive easement for equestrian trail purposes in the County of Orange, State of California, described on Exhibits A, B, C, and D attached hereto and by reference made a part hereof, to the CITY OF SAN JUAN CAPISTRANO hereinafter referred to as "GRANTEE." By acceptance of this deed, GRANTEE agrees that this grant is subject to the following express limitations: This easement is conveyed subject to all liens, encumbrances, covenants, conditions, restrictions and rights of way of record or apparent. 2. GRANTEE is aware that the property described is a portion of an active refuse disposal station. 3. GRANTOR reserves the right to relocate this easement. In the event GRANTOR exercises this right, GRANTOR shall replace improvements in the easement in kind and shall bear all costs of relocating the easement and replacing the improvements. 4. GRANTOR reserves that right to close access to the easement for reasonable periods of time to construct and to conduct maintenance and repair of its landfill facilities. Any such closure shall be reviewed and approved by GRANTEE, whose approval shall not be unreasonably withheld. In the T event of an emergency such approval by GRANTEE shall not be required, however, GRANTOR 1,1 shall notify GRANTEE of such emergency closure. X5. All improvements constructed or placed in the easement by GRANTEE shall be operated and maintained at no cost to GRANTOR. 6. GRANTEE shall save GRANTOR, its agents, officers and employees harmless from any and all penalties, liabilities, or losses resulting from claims or Court action arising directly or indirectly out ....' of any damage or injury to persons or property by reasons of the use this easement for equestrian or pedestrian purposes and/or by reasons of the action or omissions of the GRANTEE in W exercising any of the privileges herein granted or in consequence thereof. RA W:U=S\PRIMA%WDDEED.103 01.15-97-3-1 MAIL TAX STATEMENTS AS DIRECTED ABOVE 7. Unless otherwise provided in this deed, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all parties hereto, all of whom shall be jointly and severally liable hereunder. Nothing expressed or mentioned in this deed is intended or shall be construed to give any person, other than the parties hereto and their respective successors and assigns, any legal or equitable right, remedy or claim under or in respect of this deed or any provisions hereof being intended to be and being for the sole and exclusive benefit to the parties hereto and their successors and assigns described above, and for the benefit of no other person. RA W:ADOCSNPRIMAVWMDDEED.103 01-1597-3-2 PAGE 2 OF 2. 0 Exhibit "A" LEGAL DESCRIPTION Project: Prima Deschecha Landfill Project No.: PM 126-22.1 Portion of A. P. No.: 124-081-24,27 Location: City of San Juan Capistrano 0 December 5, 1996 A strip of land 30 feet in width in a portion of Section 17, Township 8 South, Range 7 West, San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land Sled in the District Land Office, April 12, 1875, lying 15.00 feet on each side of the following described line: Beginning at the most southerly comer of that certain parcel of land described in Parcel GA 126-3.3 of a deed to the County of Orange, recorded July 15, 1976 in Book 11813, page 148 of Official Records in the office of the County Recorder of said county; thence N. 20°53' 19"W., 23.97 feet along the westerly line of said parcel to the TRUE POINT OF BEGINNING (pt. "D"); thence S. 84039'46"E., 125.07 feet (pt. "C"); thence N.8627'02"E., 168.30 feet (pt. "B"); thence S. 48'44"54"E., 76.79 feet (pt. "A') to the southerly line of that certain parcel of land described in parcel GA 126-2.21 of a deed to the County of Orange, recorded March 6, 1978 in Book 12585, page 1929 of Official Records in the office of the County Recorder of said County; said point being S. 85"29'23" E., 341.77 feet from the most southwesterly corner of said parcel GA 126-2.21. The sidelines of said 30 foot wide easement to be extended or shortened so as to terminate at the southerly line of said parcel GA 126-2.21. Approved . a Dennis H. Dillman, P.L.S. 5424 Expiration Date: September 30, 2000 , , , , , , on' , , n IV 1 PA' OF EASEMENT DIRT ROAD f i .tib , , , C , / , P , , , , / n , / N 20' S3' 19" W 97 EXHIBIT "A" SCAL- =tic PROJECT: PRIMA DESCHECH iN LAWL` ML PROJECT NO. PM PREPARE„ J8 fi3e64?k REVIF'4ALD Br U H 1 DEI$J �`.�i 'DILL MAN. o P L S 5424 I RFV APPROVED BY: .���j' �j^;C.�� EXPFi1AT - `T,MBER 30, 20;i FILE 96-126 December 5, 1996 Exhibit "B" LEGAL DESCRIPTION Project: Prima Deschecha Landfill Project No.: PM 126-22.2 Portion of A.P. No.: 124-140-44 Location: City of San Juan Capistrano A strip of land 30 feet in width in a portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, lying 15.00 feet on each side of the following described line: Beginning at the southerly terminus of that certain line described as N. 03'34'26" W., 790.91 feet, along the westerly line of that certain parcel of land described in Parcel GA 126-3.4 of deed to the County of Orange, recorded July 15, 1976 in Book 11813, page 148 of Official Records in the office of the County Recorder of said county; thence S. 20'53'19" B., 18.83 feet (pt. E") along the westerly line of said parcel to the TRUE POINT OF BEGINNING; thence N.34020'03 "E., 88.68 feet (pt. "F); thence N.17'00' 17"W., 258.72 feet (pt. "G") to the westerly he of said parcel GA 126-3.4; said point being N.0f34'26" W., 303.64 feet from an angle point in the westerly line of said parcel.. The sidelines of said 30 foot wide easement to be extended or shortened so as to terminate at the westerly line of said parcel. Approved: Dennis H. Dillman, P.L.S. 5424 Expiration Date: September 30, 2000 S APPROVED BY: EXHIBIT 'B" PROJECT: PRIMA DESCHECHA L) PROJECT NO. PM 126-9 DENNIS H DILLM EXPIRATION DATE 30, 200, -'REPARED BY D- _ RE:'iENED BY D - REV FILE 96-126 0 0 December 5, 1996 Exhibit "C" LEGAL DESCRIPTIO Project: Prima Deschecha Landfill Project No.: PM 126-22.3 Portion of A.P. No.: 124-140-44 Location: City of San Juan Capistrano A strip of land 30 feet in length in a portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land Sled in the District Land Office, April 12, 1875, lying 15.00 feet on each side of the following described line: Beginning at the northerly terminus of that certain line described as N. 03"34'26" W., 790.91 feet along the westerly line of that certain parcel of land described in Parcel GA 126-3.4 of a deed to the County of Orange, recorded July 15, 1976 in Book 11813, page 148 of Official Records in the office of the County Recorder of said county; thence S. 03'34'26"E., 347.43 feet along the westerly fine of said parcel to the TRUE POINT OF BEGINNING ( pt. "H"); thence N. 13'48'32"E., 203.00 feet (pt. "I"); thence N.0f55'36"W., 113.60 feet (pt. "J"); thence N.09`09'22"W., 175.58 feet ( pt. "K") to the westerly line of said parcel GA 126-3.4; said point being N 14'50'52" E., 141.91 feet from an angle point in the westerly line of said parcel GA 126-3.4. The sidelines of said 30 foot wide easement to be extended or shortened so as to terminate at the westerly line of said parcel. Approved: Dennis H. Dillman, P.L.S. 5424 Expiration Date: September 30, 2000 i i i i i EXHIBIT "C" �., j{.•�D6 'N.'Q4j„ --SCALE ', l__ PROJECT: PRIMA DESCHECHA LAht'7 I L ~ '' a' E PROJECT NO. PM 12649$jogs PREPARED 6'`== REVIEWED B --- t DENNIS H Df LMA1114pP���,i,1fid 24 REV APPROVED 6'L EXP IP.9TION 9hiE SEPTEMBER 30. ".i REV 96—I25 0 E December 5, 1996 Exhibit "D" LEGAL DESCRIPTION Project: Prima Deschecha Landfill Project No.: PM 126-22.4 Portion of A.P. No.: 124-140-44,48.54 Location: City of San Juan Capistrano A strip of land 30 feet in length in a portion of Section 8, Township 8 South, Range 7 West, San Bernardino Meridian, in the City of San Juan Capistrano, County of Orange, State of California, according to the Official Plat of said land filed in the District Land Office, April 12, 1875, lying 15.00 feet on each side of the following described line: Beginning at the most northerly corner of that certain parcel of land described in Parcel GA 126-3.4 of a deed to the County of Orange, recorded July 15, 1976 in Book 11813, page 148 of Official Records in the office of the County Recorder of said county; thence S.30'50'25"W., 142,61 feet along the westerly line of said parcel to the TRUE POINT OF BEGINNING (pt. "L") thence N.56"19'38"E., 146.07 feet (pt. "M"); thence 5:7656'04"E., 317.52 feet (pt. "N"); thence S. 76' 29'35" E., 123.91 feet (pt. "P"); thence N. 81042'30" E., 168.57 feet (pt. "Q"); thence N. 85' 02102"E., 561.65 feet (pt. "R"); thence N.51'36'31"E.,165.01 feet (pt. "S") to the northerly line of that certain parcel of land described in Parcel GA 126-5.01 of a deed to the County of Orange, recorded September 23, 1982 in 82-334432 of Official Records in the office of the County Recorder of said County; said point being N. 88 37 16" E., 429.29 feet from the northwesterly corner of said parcel GA 126-5.01, Also including a strip of land lying 15.00 feet on each side of the following described line; beginning at point "N" thence N. 36'32'00" W., 149.84 feet to point "O" . The sidelines of said 30 foot wide easement to be extended or shortened so as to terminate at the northerly lines of said parcels. Approved r Dennis H. Diliman, P.L.S. 5424 Expiration Date: September 30, 2000 APPROVED BY: ----- -- !DENT If, AL POINT ----- N 88' 37' 16" E 429. 29' j . N 8y 02 02 E 5616 - DIRT ROAD j OF EASEMENT EXHIBIT 'D" PROJECT: PRIMA DESCHECHA LANDFILL PROJECT NO. PM 126-aa•4 S, DENNIS H. DILEMAN. P L S 5424 EXPIRATION DATE SEPTEMBER 30, 2000 SCALE, l" = 1u-, DATE- 12/5/9E PREPARED BY: D.:- D REVIEWED BY D r ;. REV FILE- 96-126 I 0 Dated MAP - 4 tggf SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD ATTEST Darlene U. Bloom Clerk of the Board of Supervisors of Orange County, Cafifomia STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) GRANTOR COUNTY OF ORANGE 21 DiLebC. �. Chairman of the Orange County Board of Supervisors ACKNOWLEDGMENT On Oq�;J 1 -7 1991 , before me, C- nIOU a Notary Public in and for said County and State, personally appeared Darlene J. Bloom, Clerk of t Board of Supervisors, County of Orange, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose named is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature APPROVALS " 'D L��FI� COMM. #1057331 N01\17 public - Califomia ORANGE COUNTY { � M7 Comm. Exp. June 2e, 100 Approved as to Form ��County ounsels�,� By Date Y -r7' RA W100CSWRIMAWVMDDEED.103 01-15-97-3-3 RA W100CSWRIMAWVMDDEED.103 01-15-97-3-3 EXHIBIT 4 CITY IMPROVEMENTS City Improvements consist of the following: Two access control gates, fencing, and a motorcycle barrier near the terminus of Camino Los Mares. Two additional access control gates located approximately as shown on page 2, hereto. Page 1 of 2. Film co (N LL - ENNEW4 N if F,58I'IGQNTROLI)GA . . . . . . . . . . . . 1; for" 7L— fir. co (N LL - ENNEW4 N if F,58I'IGQNTROLI)GA co (N LL - ENNEW4 N F,58I'IGQNTROLI)GA . . . . . . . . . . . . 0 February 20, 1997 Mr. Ken R. Smith, Chief Engineer County of Orange Integrated Waste Management Department 320 North Flower Street, Suite 400 Santa Ana, California 92703 Re: Access Easements. Prima Deshecha Landfill Dear Mr. Smith: 0 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of February 18, 1997, the City Council of the City of San Juan Capistrano adopted Resolution No. 97-2-18-1, which approved the "Offer and Agreement to Exchange Easements" with the County for maintenance of a firebreak and installation of a gas header line within City -owned open space lands and recreational trails within the landfill site. A certified copy of Resolution No. 97-2-18-1 is enclosed, as well as executed copies of the Agreement and easements. Upon completion, please return a fully -signed copy of the Agreement and copies of the recorded easements to the City Clerk's Office. We appreciate your assistance in this matter. Very truly yours, Cheryl Jo son City Clerk Enclosures cc: Engineering and Building Director Tony Foster 0 0 RECEIVE AND FILE WARRANTS OF JANUARY 29. 1997 (300.30) The List of Demands dated January 29, 1997, in the total amount of $1,078,125.19 was received and filed. 4. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JANUARY 31. 1997 (350,30) The City Treasurer's Report of Investments as of January 31, 1997, in the total amount of $13,382,872.36 was received and filed. The Report dated February 18, 1997, from the Planning Director, advising that three new development applications were received by the City since the last report of January 21, 1997, was received and filed. 6. EXTENSION OF CAPISTRANO VILLAS PARKING ADMINISTRATION CONTRACT (WEBB MANAGEMENT) (600.30) As set forth in the Report dated February 18, 1997, from Jennifer Murray, Assistant City Manager, the First Amendment to the Agreement between the City and Webb Management was approved extending the contract for management of the Capistrano Villas' overnight parking program to June 30, 1998, with current terms remaining in effect. The Amendment also provided for another one-year extension of the contract upon mutual agreement. The City Manager was authorized to execute the Amendment on behalf of the City. --- �. RESOLUTION APPROVING AGREEMENT AND OFFER FOR EXCHANGE OF EASEMENTS - RECREATIONAL TRAIL EASEMENTS AND FIREBREAK AND GAS HEADER LINE EASEMENTS, PRIMA DESHECHA LANDFILL /INTEGRATED WASTE MANAGEMENT DEPARTMENT (COUNTY OF ORAN E�(670.50/600.50) (CONTINUED FROM FEBRUARY 4 1997) T As set forth in the Report dated February 18, 1997, from the Engineering and Building Director, the following Resolution was adopted approving the Offer and Agreement to Exchange Easements with the County Department of Integrated Waste Management: RESOLUTION NO 97-2-18-1 APPROVAL OF "OFFER AND AGREEMENT TO EXCHANGE EASEMENTS." COUNTY OF ORANGE INTEGRATED WASTE MANAGEMENT DEPARTMENT (PRIMA DESHECHA LANDFILL) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE "OFFER AND AGREEMENT TO EXCHANGE EASEMENTS" WITHIN THE PRIMA DESHECHA LANDFILL - COUNTY OF ORANGE, INTEGRATED WASTE MANAGEMENT DEPARTMENT City Cu it Minutes -5- 2/18/97 0 0 The Resolution/Agreement granted easements to the County within the Glendale Federal Open Space area for installation of a gas header line system as well as additional easements to maintain an existing firebreak/ access road. In exchange the City was granted recreational trail easements along the periphery of the Prima Deshecha landfill. The Mayor was authorized to execute the Agreement and easement documents on behalf of the City, and the City Clerk was directed to forward the Resolution; Agreement, and all easement documents to the County Recorder. PUBLIC HEARINGS • • • • r • i • ' •II•7.Y•J��=�►hl7I�YLr/:I��i]ri • • 1 .1 Proposal: Consideration of 1) a request for temporary street closures on Saturday, March 22, 1997, for the Fiesta de las Golondrinas Parade (11:00 a.m.) and Mercado (8:00 a.m. to 5:30 p.m.); 2) application for a parade permit; and 3) request for waiving of license fees. Written Communication: Report dated February 18, 1997, from the Director of Engineering and Building, detailing the parade route and temporary street closures. Staff recommended that the street closures for both events, parade permit, and waiver of license fees be approved. Mr. Huber made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Swerdlin opened the public bearing, and there being no response, closed the hearing. Approval of Street Closures Parade Permit and Waiver of License Fees: It was moved by Council Member Hart, seconded by Council Member Campbell, and unanimously carried that the following be approved: (1) The temporary street closures as noted on Exhibit A for the Fiesta de las Golondrinas Parade and Mercado on Saturday, March 22, 1997; (2) The issuance of a parade permit to the San Juan Capistrano Fiesta Association per Municipal Code Section 5-11.05(b); and (3) Waiver of license fees required by Municipal Code Section 5-11.08. City coo cil Minutes -6- 2/18/97 0 0 AGENDA ITEM February 18, 1997 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Resolution Approving Offer and Agreement to Exchange Easements, Recreational Trail Easements and Firebreak and Landfill Gas Header Line Easements, County of Orange (Prima Deshecha Landfill/Integrated Waste Management Department) RECOMMENDATION Adopt the Resolution approving: a. The Offer and Agreement to Exchange Easements b. The acceptance of the subject Recreational Trail Easements from the County of Orange C. The granting of the Gas Header Line and Firebreak Easements to the County of Orange. 2. Authorize the Mayor and City Clerk to execute the Resolution, Agreement, and the Firebreak and Gas Header Line Easements. Direct the City Clerk to forward the Resolution, Agreement and all Easements to the Orange County Board of Supervisors for their review, approval, and recordation. SITUATION A. Summary and Recommendation The County of Orange, Integrated Waste Management Department, has requested the City enter into an Agreement, Offer and Agreement to Exchange Easements (Exhibit "A" of Attachment 6). Said Agreement will grant easements to the County within the Glendale Federal Open Space for installation of a gas header line system and additional easements to maintain an existing firebreak/access road (Attachment 1). In exchange, the City will be granted recreational trail easements along the periphery of the landfill. FOR CITY COUNCIL AGEI���� 2 AGENDA ITEM -2- February 18, 1997 ------------- The landfill gas header system is necessary for collection of methane gasses generated from the decomposition of refuse. Rather than continuously relocating the line as the disposal site fills up, the County is requesting placement of the line in the ultimate permanent location. In exchange for those easements, Staff requested the County grant the City recreational trail easements adjacent to the boundary of the Prima Deshecha Landfill site (also shown on Attachment 1). The County has requested easements totaling 1,575 lineal feet. The City will obtain 2,525 lineal feet of trail, which will allow access to approximately three miles of trail. Staff recommends adoption of the Resolution which approves the Agreement, accepts the trail easements, and grants the Firebreak and Gas Header Line easements to the County of Orange. B. Background Per cross-section A -A on Attachment 1, the gas header line is located above ground in order to allow constant monitoring for leakage. Attachment 2 explains the method of operation for a gas header line. The term "flare", used in the forth line of the first paragraph, refers to a furnace which burns off the gas located adjacent to the entrance of the landfill. The pipe, ranging in size from 18 to 21 inches in diameter, is constructed of black, high-density Polyethylene (HDPE). The heavy -gauge pipe has one -inch thick walls and is superior to the existing corrugated metal gas header line. Attachment 3 is a diagram of the existing gas header line (dark line around perimeter of refuse disposal site) and the collection system buried within the refuse site. The active disposal area is located in a canyon. As more refuse is added, the surface level of the site rises and widens, therefore, the gas header line must continually be raised and lengthened around the perimeter of the refuse site. The proposed gas header line will be located just above the ultimate filling elevation, below the natural ridgelines surrounding the refuse site. It should be noted that the gas header line is not a pressure line. Gas is retrieved from the refuse site by a vacuum (electric fans) which draw the gas cut of the site through the pipe lines and into the flare station. As long as the vacuum remains in operation, any leak in the system causes outside air to be drawn into the system, and thus, no methane escapes. During review of the proposal, Staff examined the potential for fire risk to the Open Space lands, trail users, and adjacent residents. Staff contacted the project engineer, SCS Engineers and the County Division of Environmental Health, who regulate environmental issues regarding the landfill (see Attachments 4 and 5). The gas header line will be installed in accordance with State health and safety laws In addition, installation must comply to State operational standards, therefore, the line will be monitored for leakage utilizing both permanent perimeter monitoring probes and periodic monitoring by portable instruments. AGENDA ITEM -3- February 18, 1997 As mentioned in Attachment 4, should a leak occur and the vacuum system mentioned above fail, escaping gas would need to be ignited in order to cause a fire. The existing firebreak (approximately 80' wide) is located between the gas header line and the City Open Space. Therefore, if ignition should occur, any fire would have to breach the 80' -wide firebreak in order to ignite brush in City Open Space. It should be noted that all developments adjacent to City Open Space have installed Fuel Modification areas, 100' -wide fire retardant landscape areas that act as landscaped fire -breaks. In addition, the Easement Deed attached to the Offer and Agreement to Exchanap Easements. contain a Hold Harmless clause, wherein the County assumes liability should the head line malfunction (Item 5 of Exhibit 1 of Attachment 6). Per Attachment 1, acceptance of the subject trail easements will allow access to the eastern portion of the Glendale Federal Open Space lands, a connection to Camino La Ronda, and a future connection to Camino Lacouague via the University of California property. In addition, a connection to Camino Los Mares in San Clemente will be established creating a legal access from San Clemente to San Juan Capistrano's Open Space. COMMISSIONBOARD REVIEW AND RECOMMENDATION The Agreement and corresponding easements were reviewed by the Parks, Recreation and Equestrian Commission at their meeting of January 20, 1997. The Commission voted unanimously to recommend that, should the liability issues expressed by the former City Attorney, Richard Denhalter, be resolved, the City Council should approve the subject Agreement and accept and grant the corresponding easements. After review of Attachments 4 and 5, the present City Attorney, John Shaw, felt that the issues had been adequately resolved. FINANCIAL CONSIDERATIONS There is no cost to the City involving maintenance of the existing firebreak or installation and mainte.iance of the proposed gas header line. The City is responsible for installing trail improvements including minor grading, wire fencing, signs, and motorcycle barriers. Said trail improvements are estimated at a maximum of $10,000. Funds have not been budgeted for this project. The Parks, Recreation and Equestrian Commission will prioritize trail improvements at their February 17, 1997, meeting. Acceptance of the subject easements do not require immediate installation of trail improvements. NOTIFICATION None. 0 9 AGENDA ITEM -4- February 18, 1997 ALTERNATE ACTIONS Adopt the Resolution approving the Offer and Agreement to Exchange Easements, accept the trail easements from the County of Orange, and grant the gas header and firebreak easements to the County of Orange. 2. Do not adopt the Resolution. Request additional information from Staff. RECOMMENDATION Adopt the Resolution approving: a. The Offer and Agreement to Exchange Easements. The acceptance of the subject Recreational Trail Easements from the County of Orange. C. The granting of the Gas Header Line and Firebreak Easements to the County of Orange. Authorize the Mayor and City Clerk to execute the Resolution, Agreement, and the Firebreak and Gas Header Line Easements. Direct the City Clerk to forward the Resolution, Agreement and all easements to the Orange County Board of Supervisors for their review, approval and recordation. Respectfully submitted, z v� William M. Huber. Prepared by, Director of Engineering and Building R. Anthony Foster Engineering Assistant Attachments: 1. Location Map (Copies were distributed for the 2/4/97 item and are 2. Project Explanation available in the Council Office.) 3. Diagram of Existing Gas Header System 4. January 31, 1997, Letter from SCS Engineers 5. January 31, 1997, Letter from County of Orange Public Health 6. Resolution 97-2-18- , Approval of Agreement p&rprima Attachment 1, Large Scale Plans (These plans ar provided with Council Packets and are available at the Engineering Department for review) 0 f►TTACHMENT 2 PROJECT EXPLANATION SUBJECT: Prim Deshecha Landfill Gas Header Project System Description: Landfill Gas Control, required by the SCAQMD and the Federal and State Clean Air Acts, is the extraction and collection of landfill gas produced from the decomposition of solid waste. The Prima landfill gas control system consists of the following: a gas collection system which extracts the gas through horizontal collectors and vertical wells and conveys it through header pipes to a flare for disposal; a condensate collection system which collects the moisture from the saturated gas as it cools in the piping and conveys it to storage tanks for disposal; and perimeter monitoring probes to assure that the gas is not migrating off site. Periodic monitoring is conducted by portable instruments to detect any emissions to the atmosphere. Future plans include a landfill gas -to -energy conversion plant. Project Description: The existing gas header requires replacement and relocation. The proposed header consists of an HDPE pipe from eight to 24 inches in diameter and approximately 6,000 feet in length. The western section of the header, which must be relocated, lies at the perimeter of the current refuse fill area next to the canyon side slope. The best location for the header is at the top of the side slope along and just below the firebreak road. The County IWMD maintains a firebreak road which meanders on and off the Prima Deshecha landfill property boundary. Due to the meandering of the firebreak, approximately 1,600 feet of the proposed header falls outside the landfill property boundary. The property is owned by the City of San Juan Capistrano. ATTAOOMENT 3 DIAGRAM OF EXISTING- GAS HEADER SYS' E v ronmantal Ccnviton-t 317. Larg Beach 8a6o,c-d 91v 426-9544 NIM'. NOW FlJ( 310 427-0805 lorg Brach, C4 90807 ?315 January 31, 1997 ATTACHMENT 4 File No. 0192231,00 - Task 7 Mr. George Scarsborough City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Subject: February 4, 1997 City Council Agenda Item: Resolution Approving Offer and Agreement to Exchange Easementa, Recreational Trail Easements and Firebreak and Landfill Gas Header Line Easements, County of Orange (Rime Deshocha Landfill/Integrated Waste Management Department). DoorMr. Searaborough: We have been requested by the Orange County Integrated Waste Management Department (IWMD) to respond to the questions raised in a memo of January 28, 1997 to Bill Huber from Richard Denhalter, the City Attorney, concerning any potential fire hazard posed by the presence of'an above -ground landfill gas (LFGI pipe at the landfill. Our responses follow: N a brushfirs contacts this pipeline at a point nearest to housing units, will the tire danger to the hous/ng and inhabitants be Increased by the presence of the pipeline? We do not believe the LFG pipeline increases the fire risk to nearby residences in any meaningful way. If a brush fire starts in the area, and it contacted the pipeline, The pipeline materials would probably melt (they are plastic). This would allow a release of mothers, but under virtually no pressure, because the pipeline operates under a partial vacuum. The flame that resulted would be confined to the immediate area of the pipe, and fairly rapidly extinguish itself as the gas was consumed. There would be damage to the pipeline, but it would not facilitate the spread of the fire toward off-slte areas. In fact, any fire would almost certainly have started outside the landfill, and worked toward the landfill rather than away from it, This is because the landfill itself is barren of vegetation and acts as a firebreak. (The San Marcos landfill in San Diego County recently experienced this - brush in the surrounding areas was consumed but the landfill was untouched). 2. Are emergency measures in place to reduce any such risk to a reasonable level? We do not believe that the presence of the landfill gas system poses an unreasonable risk of initiating or propagating a fire with respect to the adjacent residential areas. However, as a measure to minimize damage to the landfill gas collection system itself, we would recommend that isolation valves and individual extraction well evmingh,m Chicago Cira+.n:b Kanrcu City Las Argele, Ner Yv4 ?haem. ion Pnncisce Ssalde Tompo Vancouver, B.C. Wasrmgton C C. SENT BY:SGS ENCINEERS • Mr. George Schraborough January 31, 1997 Page 2 control valves be closed and the system shut down in order to prevent the spread of combustion within the pipeline. This would only be undertaken if landfill staff can safely access the gas system. 3. Is k possible for the pipeline to be the cause of a fire? No. Because the landfill gas pipe operates under a vacuum, a pipe break would result In the suction of air, rather than the release of gas. Further, there is no readily available source of ignition near the pipe. 4. la the pipeline, constructed to prevent this? The pipeline is constructed to prevent leaks and is continually monitored. Would odd emergency events (earthquake, eta.) put the public at risk because of their foreseeable eNecfa upon the p1pellne? No. An earthquake could result in a break in the pipeline. But again, the pipeline being under a vacuum, air would be sucked in rather than gas being released. In a short time the blower/flare system would automatically shut down, as the system reacts to the reduced methane content in the collected gas (i.e., due to air intrusion Into the pipeline). In the January 1994 earthquake, the LFG pipeline system at the City of Los Angeles Lopez Canyon landfill experienced minor damage, but the system was temporarily shut down and quickly repaired. I hope these answers are useful. We are available to answer questions at your convenience. Very truly your Mark B. Beizar, P.E. Vice President SCS ENGINEERS cc: William M. Huber, Director of Engineering and Building Ken R. Smith, Chief Engineer, IWMD Suzanne McClanahan. Manager of Environmental Affairs, IWMD Dennis Carpenter, Project Manager, IWMD 0 COUNTY OF ORANGE HEALTH CARE AGENCY PUBLIC NUUM DIVISION OF ENYIRONMENIX IfULM Mr. Richard Denhalter City Attorney City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 January 31, 1997 1] TOM Unum DIRECTOR RUGR F. SWI 9M. MA. fEALTH OHICER RDlEHr E MEWI Wx RENS. W11 OEPUT7 DIRECTOR AUU-M ADDRESS: 20M EAST EDINUER AVENUE SANTA ANA. CA 92705.4720 TELEPHONP (714) 567.3600 rAK (7u) 972-0749 ATTACHMENT 5 Subject: Methane Recovery System (MRS) at Prima Desecha Landfill Dear Mr. Denhalter: This letter is in response to your concerns regarding the proposed Methane Recovery System (MRS) header pipeline at Prima Desecha Landfill. The Orange County Health Care Agency, Environmental Health Division, Solid Waste Local Enforcement Agency (LEA) regulates all landfills within the County by enforcing the State solid waste laws and regulations. The California Integrated Waste Management Board certifies us to perform this task. With regard to methane issues, the state regulations contained in Title 14 of the California Code of Regulations require the property owner to monitor for the lateral, off-site migration of landfill gas and to provide a MRS if m :thane is leaving the site such that it could create a hazard or nuisance. All active landfills in Orange County generate enough methane to require MRSs. The LEA reviews routine monitoring reports from the sites to determine whether MRSs are adequately controlling lateral methane migration per State regulations. The LEA also reviews and approves plans for changes or expansions to the MRS with regard to public health and safety. The South Coast Air Quality Management District (AQMD) also regulates methane at landfills. Their laws and regulations set limits on vertical as well as lateral methane migration. They also require regular monitoring reports and review and approve plans for the MRSs. Placement of MRS header lines above ground is a common practice in the industry because it allows easy inspection and repair to the headers. Above • ground placement does not typically present a significant risk to the public because the MRS is a vacuum system. Any leaks within the piping system should pull ambient air into the pipes rather than release methane to the atmosphere. In the event of a vacuum system breakdown, there should still be no significant risk because the landfill should not generate enough gas to create sufficient pressure to push methane out of a line breach at a rate capable of travelling a significant distance before diffusing below the lower explosion limit. In other words, if the MRS vacuum system was off and there was a hole in the pipeline, the methane would likely escape so slowly as to immediately be diluted in the outside air to a non-flammable level. We know of no reported incident of an explosion associated with MRS lines which are positioned away from immediate sources of ignition. The City of San Juan Capistrano should take this information into consideration when deciding on approval of this proposal and subsequent nearby land use - If the LEA can be of any further assistance, please call Fred Gaggioli at (714) 667-3715. Sincerely, �2u,-n y fk�0 Karen L_ Hodel, RG. Program Manager Environmental Health Division Solid Waste Local Enforcement Agency cc, William M. Huber, Director of Engineering and Building, City of San Juan Capistrano I/ Ken R. Smith, Chief Engineer, IW'MD Suzanne McClanahan, Manager Environmental Affairs, IWMD RESOLUTION NO. 97-2-18-1 lic f.„�.TrEl r D26 •►.M6 31a 6 1131 wil ; No no a j 111170 1 11 x9i►11 ryl_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE "OFFER AND AGREEMENT TO EXCHANGE EASEMENTS" WITHIN THE PRIMA DESHECHA LANDFILL - COUNTY OF ORANGE, INTEGRATED WASTE MANAGEMENT DEPARTMENT WHEREAS, the County of Orange, Integrated Waste Management Department, has requested the City grant easements for maintenance of a firebreak and installation of a gas header line within the City -owned Glendale Federal Open Space lands; and, WHEREAS, the City has requested the County of Orange to grant recreational trail easements to the City within the Prima Deshecha Landfill site; and, WHEREAS, the County of Orange has submitted an "Offer and Agreement to Exchange Easements," said document granting to the City recreational easements within four (4) sections of the County Landfill site, and granting to the County firebreak easements within four (4) sections of the City -owned Glendale Federal Open Space, and gas line header easements within three (3) sections of the City -owned Glendale Federal Open Space. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby: SECTION 1. Adopt the Resolution approving the "Offer and Agreement to Exchange Easements" attached as Exhibit A. SECTION 2. Authorize the Mayor and City Clerk to execute the Resolution, Agreement, and Firebreak and Gas Header Line easements. SECTION 3. Direct the City Clerk to forward the Resolution, Agreement and easements to the County of Orange for approval by the Orange County Board of Supervisors and subsequent recordation. PASSED, APPROVED, AND ADOPTED this February 1997. ATTEST: CITY CLE 18th i i/ AVID M. RDLIN, MAYO . day of 153 1S4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 97-2-18-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of February 1997, by the following vote: AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNS011, CITY CLERK -2- 060 for a one-year period ending February 4, 199 , a a c ear. The Mayor was authorized to execute the Agreement on behalf of the City. CONTINUATION OF RESOLUTION APPROVING AGREEMENT ND OFFER FOR EXCHANGE OF EASEMENTS - RECREATIONAL TRAIL EASEMENTS AND FIREBREAK AND GAS HEADER LINE EASEMENTS PRIMA DESHECHA LANDFILL/INTEGRATED WASTE MANAGEMENT Written Communications: / (1) Report dated February 4, 1997, forwarding an agreement to grant easements to the County within the Glendale Federal Open Space land for installation of a gas header line system and for maintenance of an existing firebreak/access road and to grant to the City recreational trail easements along the periphery of the landfill. (2) Memorandum dated January 31, 1997, from the Engineering and Building Director, forwarding a modified recommendation of approval based upon written response from the Integrated Waste Management that the gas header line posed minimal risk to the City. With the consensus of Council, Mayor Swerdlin directed that this item be continued to the meeting of February 18, 1997, nMLIC HEARINGS I. 1TATIVE PARCEL MAP 96-159 TO SUBDIVIDE PROPERTY LOCATED AT Proposal: Consideration of a reque to subdivide a 1.5 -acre parcel located at 27000 Ortega Highway into three parcels to provide common parcel for parking and a parcel each for a Del Taco and a Burger King restaurantX blic hearing was continued from the meeting of January 7, 1997, to allow the ame to consider a new condition recommended by staff with regard to potential trvements on Del Obispo Street. Applicant: S. Alan Schwartz, 1088 Irvine Blvd., Tustin, Written Communications: (1) Report dated February 4, 1997, from the Plannin irector, recommending that the public hearing be continued to the meeting of March 4,%AICP, dditional time for staff and the applicant to reach a consensus ge regarding potential public improvements on Del Obispo Street (2) Letter dated January 21, 1997, from Thomas G. Mesting that thepublic hearing be continued to the meeting of Marchthe applicant City Council Minutes .4_ 2/4/97 .X • AGENDA ITEM February 4, 1997 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Resolution Approving Offer and Agreement to Exchange Easements, Recreational Trail Easements and Firebreak and Landfill Gas Header Line Easements, County of Orange (Prima Deshecha LandfilVIntegrated Waste Management Department) RECOMMENDATION Adopt the Resolution approving: a. The Offer and Apareement to Exchange Easements b. The acceptance of the subject Recreational Trail Easements from the County of Orange C. The granting of the Gas Header Line and Firebreak Easements to the County of Orange. 2, Authorize the Mayor and City Clerk to execute the Resolution, Agreement, and the Firebreak and Gas Header Line Easements conditionally upon receipt in writing from the Orange County Fire Marshall's Office that the gas header line will pose no hazard. Direct the City Clerk to forward the Resolution, Agreement and all easements to the Orange County Board of Supervisors for their review, approval, and recordation. SITUATION A. Summary and Recommendation The County of Orange, Integrated Waste Management Department, has requested the City enter into an agreement, Offer and Agreement to Exchange Easements (Exhibit "A" of Attachment 4). Said agreement will grant easements to the County within the Glendale Federal Open Space for installation of a gas header line system and additional easements to maintain an existing firebreak/access road (Attachment 1). In exchange, the City will be granted recreational trail easements along the periphery of the landfill. FOR CITY COUNCIL AGEN 1. I ) r • • AGENDA ITEM -2- February 4, 1997 The landfill gas header system is necessary for collection of Methane gasses generated from the decomposition of refuse. Rather than continuously relocating the line as the disposal site fills up, the County is requesting placement of the line in the ultimate permanent location. In exchange for those easements, Staff requested the County grant the City recreational trail easements adjacent to the boundary of the Prima Deshecha Landfill site, also shown on Attachment 1. The County has requested easements totaling 1,575 lineal feet. The City will obtain 2,525 lineal feet of trail, which will allow access to approximately three miles of trail. As of this writing, Staff is awaiting receipt of a letter from the Orange County Fire Marshall's Office indicating that the gas header line will pose no threat to safety. Therefore, Staff recommends adoption of the Resolution which approves the Agreement, accepts the trail easements, and grants the Firebreak and Gas Header Line easements conditioned upon receipt of said letter from County Fire B. Background Per cross-section A -A on Attachment 1, the gas header line is located above ground in order to allow constant monitoring for leakage. Attachment 2 explains the method of operation for a gas header line. The term "flare", used in the forth line of the first paragraph, refers to a furnace which burns off the gas, located adjacent to the entrance of the landfill. The pipe, ranging in size from 18 to 21 inches in diameter, is constructed of black, high-density Polyethylene (HDPE). The heavy -gauge pipe has one -inch thick walls and is superior to the existing corrugated metal gas header line. Attachment 3 is a diagram of the existing gas header line (dark line around perimeter of refuse disposal site) and the collection system buried within the refuse site. The active disposal area is located in a canyon. As more refuse is added, the surface level of the site rises and the gas header line must continually be raised and lengthened around the perimeter of the refuse site. The proposed gas header line will be located at the ultimate filling elevation, just below the natural ridgelines surrounding the refuse site. It should be noted that the gas header line is not a pressure line. Gas is retrieved from the refuse site by a vacuum (electric fans) which draw the gas out of the site through the pipe lines and into the flare station. As long as the vacuum remains in operation, any leak in the system causes outside air to be drawn into the system, and thus, no Methane escapes. Staff has had the proposal reviewed by the Orange County Fire Authority in regard to fire risk to the Open Space lands, trail users, and adjacent residents. It was determined that, per State operational standards, the line will be monitored for leakage utilizing both permanent perimeter monitoring probes and periodic monitoring by portable instruments. Should a leak occur and the vacuum system mentioned above fail, escaping gas would need to be ignited in order to cause a fire. The existing firebreak (approximately 80' wide) is located between the gas header line and the City Open Space. Therefore, if ignition should occur, any fire AGENDA ITEM -3- February 4, 1997 would have to breach the firebreak in order to ignite brush in City Open Space. Staff is awaiting, as of this writing, correspondence from the Orange County Fire Marshall's Office that the gas header line does not pose a serious hazard. Per Attachment 1, acceptance of the subject trail easements will allow access to the eastern portion of the Glendale Federal Open Space lands, a connection to Camino La Ronda, and a future connection to Camino Lacouague via the University of California property. In addition, a connection to Camino Los Mares in San Clemente will be established creating a legal access from San Clemente to San Juan Capistrano's Open Space. COMMISSIONBOARD REVIEW AND RECOMMENDATION The Agreement and corresponding easements were reviewed by the Parks, Recreation and Equestrian Commission at their meeting of January 20, 1997. The Commission voted unanimously to recommend that, should the liability issues expressed by the City Attorney be resolved, the City Council should approve the subject Agreement and accept and grant the corresponding easements. FINANCIAL CONSIDERATIONS There is no cost to the City involving maintenance of the existing firebreak or installation and maintenance of the proposed gas header line. The City is responsible for installing trail improvements including minor grading, wire fencing, signs, and motorcycle barriers. Said trail improvements are estimated at a maximum of $10,000. Funds have not been budgeted for this project. The Parks, Recreation and Equestrian Commission will prioritize trail improvements at their February 17, 1997, meeting. Acceptance of the subject easements do not require immediate installation of trail improvements. NOTIFICATION None. ALTERNATE ACTIONS I . Adopt the Resolution approving the Offer and Agreement to Exchange Easements, accept the trail easements from the County of Orange, and grant the gas header and firebreak easements to the County of Orange. 2. Do not adopt the Resolution. 3. Request additional information from Staff. 0 9 AGENDA ITEM -4- February 4, 1997 RECOMMENDATION Adopt the Resolution approving: a. The Offer and Agreement to Exchange Easements. b. The acceptance of the subject Recreational Trail Easements from the County of Orange. C. The granting of the Gas Header Line and Firebreak Easements to the County of Orange. 2. Authorize the Mayor and City Clerk to execute the Resolution, Agreement, and the Firebreak and Gas Header Line Easements conditionally upon receipt in writing from the Orange County Fire Marshall's Office that the gas header line will pose no hazard. Direct the City Clerk to forward the Resolution, Agreement and all easements to the Orange County Board of Supervisors for their review, approval and recordation. Respectfully submitted, William M. Huber. Director of Engineering and Building Prepared by, 191Z—� R. Anthony foster Engineering Assistant Attachments: 1. Location Map 2. Project Explanation 3. Diagram of Existing Gas Header System 4. Resolution 97-2-4- , Approval of Agreement p&rprima *ATTACHMENT 2 PROJECT EXPLANATION SUBJECT: Prima Deshecha Landfill Gas Header Project System Description: Landfill Gas Control, required by the SCAQMD and the Federal and State Clean Air Acts, is the extraction and collection of landfill gas produced from the decomposition of solid waste. The Prima landfill gas control system consists of the following: a gas collection system which extracts the gas through horizontal collectors and vertical wells and conveys it through header pipes to a flare for disposal; a condensate collection system which collects the moisture from the saturated gas as it cools in the piping and conveys it to storage tanks for disposal; and perimeter monitoring probes to assure that the gas is not migrating off site. Periodic monitoring is conducted by portable instruments to detect any emissions to the atmosphere. Future plans include a landfill gas -to -energy conversion plant. Project Description: The existing gas header requires replacement and relocation. The proposed header consists of an HDPE pipe from eight to 24 inches in diameter and approximately 6,000 feet in length. The western section of the header, which must be relocated, ties at the perimeter of the current refuse fill area next to the canyon side slope. The best location for the header is at the top of the side slope along and just below the firebreak road. The County IWMD maintains a firebreak road which meanders on and off the Prima Deshecha landfill property boundary. Due to the meandering of the firebreak, approximately 1,600 feet of the proposed header falls outside the landfill property boundary. The property is owned by the City of San Juan Capistrano. ATTACOMENT 3 DIAGRAM'OF EXISTING` GAS HEADER SYST M 1 a ul s , IN // IN, JIGr � N I I I I I ! ! I I I I I I 0 0 MEMORANDUM January 31, 1997 TO: George Scarborough, City Manager FROM: Bill Huber, Director of Engineering & Buildi SUBJECT: Council Item D6 - Prima Deschecha Trail Easements, Firebreak and Landfill Gas Header Line Easements It is necessary to modify Recommendation No. 2 to Item D6 on Council's February 4, 1996 agenda to the following: 2. Authorize the Mayor and City Clerk to execute the Resolution, Agreement and the Trail, Firebreak and Gas Header Line Easements conditionally upon receipt in writing from the Local Enforcement Agency (LEA) of the County and Integrated Waste Management (IWM) indicating the gas header line poses minimal risk and hazards to the City of San Juan Capistrano. The condition in Council's packet indicated a letter was to come from the Orange County Fire Authority; however, their response (received January 30) indicates they cannot make the determination requested as it requires expertise and responsibility beyond their capabilities. They recommend this come from LEA and AQMD. We are therefore working with IWM to acquire the appropriate responses. WMH:ch cc: Sam Shoucair FaR CITY COUXCIL ACZ-4 ITEM D6 ON/ 0 MEMORANDUM Dated: January 28, 1997 TO: Bill Huber, Director of Building and Engineering FROM: Richard K. Denhalter, City Attorney W SUBJECT: Prima Deshecha Landfill Header Project Thank you for allowing me to review the letter of January 27, 1997, from SCS Engineers. The technical information was very helpful, however, they still did not provide: Reassurance of safety and emergency systems in a wildland fire or earthquake response situation; or A step-by-step emergency response scenario. While the letter is very convincing that this is a well designed system, widely used for this purpose, the discussion of emergency scenarios and the danger to nearby housing is missing. The City will come into a risk situation for approving housing so near a potential fire threat, and for approving the pipeline location. Expert opinion and prearranged emergency procedures directed at the nature of the risk are called for to establish that the City has acted with reasonable prudence. The very fact that the pipeline will be located on a firebreak is evidence that the likelihood of a brushfire in the area is foreseeable. The proximity of new housing, approved by the City, requires that a prudent public official address foreseeable consequences of installing the above -ground pipeline at this specific location. For example, the following questions represent issues that should be addressed by the City, although the list is by no means exhaustive: 1. If a brushfire contacts this pipeline at a point nearest to housing units, will the fire danger to the housing and inhabitants be increased by the presence of the pipeline? 2. Are emergency measures in place to reduce any such risk to a reasonable level? 3. Is it possible for the pipeline to be the cause of a fire? 4. Is the pipeline constructed to prevent this? 5. Would other emergency events (earthquake, etc.) put the public at risk because of their foreseeable effects upon this pipeline? The technical information in the letter seems to imply that good answers to these kinds of questions may be available. The City should document responses to foreseeable safety issues. Environmental Consultants • 3711 Long Beach Boulevard• 310 426-9544 Ninth Floor FAX 310 427-0805 Long Beach, CA 90807-3315 SCS ENGINEERS January 27, 1997 File No. 0192231.00 (7) IMr. George Scarsborough City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Subject: February 4, 1997 City Council Agenda Item: Resolution Approving Offer and Acireement to Exchanae Easements, Recreational Trail Easements and Firebreak and Landfill Gas Header Line Easements, County of Orange (Prima Deshecha Landfill/Integrated Waste Management Department) Dear Mr. Scarsborough: We have been requested by the Orange County Integrated Waste Management Department (IWMD) to address the concerns of the Orange County Fire Authority in their memo of October 31, 1996 to Tom Tomlinson, the City's Planning Director, regarding the installation of landfill gas (LFG) collection piping at the Prima Deshecha landfill. SCS Engineers has served as the engineering design consultant for IWMD on this project. We believe that the threat of fire from the system installation and operation is extremely remote, for the following reasons: • The gas collection piping at the landfill normally operates under a vacuum -- it is not similar in any way to a pressurized natural gas pipeline. Our system draws gas into the pipeline from the wells in the landfill under a vacuum of about 40 inches of water column (about 1.5 pounds per square inch, psi), whereas a natural gas pipe operates under pressures of a few inches to hundreds of psi. • Any leakage that might develop in the pipeline would result in air being sucked into the pipe, rather than methane gas leaking out. • Because air intrusion into the pipeline system decreases the quality of the gas and system effectiveness, IWMD is constantly monitoring the integrity of the system. We have an outside contractor, plus our own staff, on a regular schedule of moni- toring system performance, including visual observation of the pipeline condition. Any pipeline problems are addressed immediately, including repairs as necessary. (This is why it is more efficient to have the pipe above ground, where it can be monitored and visually inspected more easily.) • There is extra blower capacity in the system, so that only very rarely (less than 1 percent of the time) would the blowers not be operating and the pipeline would be subject to a very minor pressure (less than 1 psi). During these circumstances the system is under even greater scrutiny. (In fact, this typically occurs only when the pipeline is being repaired or modified. In these cases isolation valves built into the 9% system are used to prevent gas from reaching the area under repair.) Birmingham Chicago Cincinnati Kansas City Los Angeles New York JAN 2 8 1997 W Phoenix San Francisco Seattle Tampa Vancouver, B.C. Washington D.C. January 27, 1997 Mr. George Scarsborough Page Two • A health and safety program, including emergency response procedures, is main- tained at all County landfills, including Prima Deshecha. • The gas pipeline has been designed by professional engineers with substantial experience in landfill gas systems. Pipe sizing and materials are required to be manufactured to ASTM and ASME standards appropriate to their use. The layout and function of the system is in conformance with accepted industry practice, utilizing guidelines from the Solid Waste Association of North America (SWANA), a nationally recognized professional association. • The design of the system has been approved by the South Coast Air Quality Management District (SCAQMD) and reviewed by the Orange County Department of Environmental Health (acting as Local Enforcement Agency for the California Integrated Waste Management Board). • There are literally hundreds of landfills throughout the country (probably over a hundred in California) with gas collection systems, many of which were designed by our consultant and currently operated by our contractor. There are operational systems, of course, at all of the County's active landfills. We understand that your office and the City of San Juan Capistrano do not have a lot of experience with these types of systems. We suggest that a meeting be arranged at the Prima Deshecha site where these matters can be discussed. We would join with IWMD staff and the gas system operator to answer any questions you may have. Sincerely, Mark B. Beizer, P. u�ect Director CS ENGINEERS cc: Tom Tomlinson, Planning Director William M. Huber, Director of Engineering and Building R. Anthony Foster, Engineering Assistant Patricia Henshaw, HCA/Environmental Health (Solid Waste Enforcement Agency) Laura Blaul, Deputy Fire Marshall (OCFA) Stacy Lambeth, Senior Fire Safety Specialist (OCFA) Vicki L. Wilson, Director, IWMD Ken R. Smith, Chief Engineer, IWMD Suzanne McClanahan, Manager of Environmental Affairs, IWMD Dennis Carpenter, Project Manager, IWMD SpN-30,97 11:01 FROM:OCFR FIRE PREJ. 7147715832 TO:7144931053 PRGE:02,02 • • ORANGE COUNTY FIRE AUTHORITY PO Box 86, Orange, CA 92856-0086 • I80 South Water St., Orange, CA 92866-2175 Larry.[ Holms, Director of Fire Services January 30, 1997 George Scarborough, City.Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear George: (714) 744-0400 It is my understanding that passage of a resolution coming before the City Council on 2-4-97 is contingent on receipt of a letter from the Orange County Fire Authority stating that a proposed landfill (LF) gas header pipe will pose no hazard This letter is to inform you that such an assurance will not be forthcoming from this office because it demands expertise and responsibility broader than that authorized to us by fire laws, codes and ordinances we enforce. This office sent a letter, dated 10-31-96, to Tom Tomlinson, Planning Director for San Juan Capistrano, regarding the hazards and risks of the gas header pipe in question. This letter was sent at the request of the City. In this letter we stated that "If an uncontrolled leak were to occur in the piping, it would potentially expose the surrounding area to fire and/or explosion if such a leak would find an ignition source." This is based on the fact that LF gas can contain over 50`%, methane and is therefore flammable. We do not, however, have the expertise in LF Methane Recovery Systems (MRSs) to state whether or not an "uncontrolled leak" is possible or probable. We suggest you contact the agencies that directly regulate Us and review and approve plans for these MRSs: Orange County Environmental Health Department Solid Waste Local Enforcement Agency (714) 667-3700 South Coast Air Quality Management District (909) 396-2614 Sincerely, Patrick L. Walker Division Chief/ Fire Marshal JAN 3 0 1997 Serving the C1 two of Buena 1'ark • Cypreas - Dana Point - Wine - Lag tuta Hdl. a 1 iquna Nigel • Lake F.0 • La P:dma • "Alxm" • Mineion Vl , • I'Ircclit. San C1emmle v San lean Caprah-,. tical Beach • Stanhm • Tustin - Villa park • tv,,amuae[er - Yorba Lmda• and Unlncurporated Areae W ihange County RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES SENT,BY:SCS ENGINEERS ; 1-31-97 ; 5:08PM ; 3104270805 7144931053;# 2 Environmental Consultants • 3711 Long Beach Boulevard r 310 4269544 Ninth Floor FAX 310 427-0805 Long Beach, CA 90807-3315 January 31, 1997 File No. 0 19223 1.00 - Teak 7 Mr. George'Scarsborough City Manager City of San Juan Capistrano 32400 Paseo Adelento Sen Juan Capistrano, Callfornia 92875 Subject: February 4, 1997 City Council Agenda Itam: Resolution Approving Offer and Agreement to Exrhanan Easements, Recreational Trail Easements and Firebreak and Landfill Gas Header Line Easements, County of Orange (Prima Deshecha Landfill/Integrated Waste Management Department). Deer Mr, Scarsborough: We have been requested by the Orange County Integrated Waste Management Department (IWMD) to respond to the questions raised in a memo of January 28, 1997 to Bill Huber from Richard Denhelter, the City Attorney, concerning any potential fire hazard posed by the presence of'sn above -ground landfill gas (LFG) pipe at the landfill. Our responses follow: /f a brushfire contacts this pipeline at a point nearest to housing units, wU/ the fire danger to the housing and Inhabitants be increased by the presence of the pipeline? We do not believe the LFG pipeline increases the fire risk to nearby residences in any meaningful way. If a brush fire starts in the area, and it contacted the pipeline, the pipeline materials would probably melt (they ere plastic). This would allow a release of methane, but under virtually no pressure, because the pipeline operates under a partial vacuum. The flame that resulted would be confined to the immediate area of the pipe, and fairly rapidly extinguish itself as the gas was consumed. There would be damage to the pipeline, but it would not facilitate the spread of the fire toward off-site areas. In fact, any fire would almost certainly have started outside the landfill, and worked toward the landfill rather than away from it. This is because the landfill itself is barren of vegetation and acts as a firebreak. (The San Marcos landfill in Sen Diego County recently experienced this -- brush in the surrounding areas was consumed but the landfill was untouched). Aro emergency measures In place to reduce any such risk to a reasonable level? We do not believe that the presence of the landfill gas system poses an unreasonable risk of initiating or propagating a fire with respect to the adjacent residential areae. However, as a measure to minimize damage to the landfill gas collection system itself, we would recommend that isolation valves and individual extraction well FOR CITY COUNCIL AGE Birmingham Chicogo Cincinnati Kansas City Loa Angeles New York Phoani. Son Francisco Seattle Tampa Vancouver, B.C. Washington D.C. SENT.BY:SCS ENGINEERS Mr. George Schraborough January 31, 1887 Page 2 1-31-97 ; 5:08PM • 3104270805 7144931053;# 3 9 control valves be closed and the system shut down in order to prevent the spread of combustion within the pipeline. This would only be undertaken if landfill staff can safely access the gas system. 3. /s K possible for the pipeline to be the cause of a fire? No. Because the landfill gas pipe operates under a vacuum, a pipe break would result in the auction of air, rather then the release of gas. Further, there is no readily available source of ignition neer the pipe. 4. is the p/pallne constructed to prevent this? The pipeline is constructed to prevent leaks and is continually monitored. 5. Would other emergency events (earthquake, etc.? put the public at risk because of their foreseeable effects upon the pipeline? No. An earthquake could result in a break in the pipeline. But again, the pipeline being under a vacuum, air would be sucked in rather than gas being released. In a short time the blower/flare system would automatically shut down, as the system reacts to the reduced methane content in the collected gas (i.e., due to air intrusion into the pipeline). In the January 1994 earthquake, the LFG pipeline system at the City of Los Angeles Lopez Canyon landfill experienced minor damage, but the system was temporarily shut down and quickly repaired. I hope these answers are useful. We are available to answer questions at your convenience. Very truly your %& pt8� Mark B. Beizer, P.E. Vice Resident SCS ENGINEERS cc: William M. Huber, Director of Engineering and Building Ken R. Smith, Chief Engineer, IWMD Suzanne McClanahan, Manager of Environmental Affairs, IWMD Dennis Carpenter, Project Manager, IWMD COUNTY OF ORANGE HEALTH CARE AGENCY PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH Mr. Richard Denhalter City Attorney City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 January 31,1997 TOM URAM DIRECTOR HUGH F. STALLWORTH, Y.D. HEALTH OFFICER ROBERT E- MEHRYMAN. REBS, MRI DEPUTY DIRECTOR MAILING ADDRESS: 2009 EAST EDINGER AVENUE SANTA ANA. CA 92705-4720 TELEPHONE.- (714) 567-3600 FAN. (714) 972-0749 Subject: Methane Recovery System (MRS) at Prima Desecha Landfill Dear Mr. Denhalter: This letter is in response to your concerns regarding the proposed Methane Recovery System (MRS) header pipeline at Prima Desecha Landfill. The Orange County Health Care Agency, Environmental Health Division, Solid Waste Local Enforcement Agency (LEA) regulates all landfills within the County by enforcing the State solid waste laws and regulations. The California Integrated Waste Management Board certifies us to perform this task_ With regard to methane issues, the state regulations contained in Title 14 of the California Code of Regulations require the property owner to monitor for the lateral, off-site migration of landfill gas and to provide a MRS if methane is leaving the site such that it could create a hazard or nuisance. All active landfills in Orange County generate enough methane to require MRSs. The LEA reviews routine monitoring reports from the sites to determine whether MRSs are adequately controlling lateral methane migration per State regulations. The LEA also reviews and approves plans for changes or expansions to the MRS with regard to public health and safety. The South Coast Air Quality Management District (AQMD) also regulates methane at landfills. Their laws and regulations set limits on vertical as well as lateral methane migration. They also require regular monitoring reports and review and approve pians for the MRSs. Placement of MRS header lines above ground is a common practice in the industry because it allows easy inspection and repair to the headers. Above I ground placement does not typically present a significant risk to the public because the MRS is a vacuum system. Any leaks within the piping system should pull ambient air into the pipes rather than release methane to the atmosphere. In the event of a vacuum system breakdown, there should still be no significant risk because the landfill should not generate enough gas to create sufficient pressure to push methane out of a line breach at a rate capable of travelling a significant distance before diffusing below the lower explosion limit_ In other words, if the MRS vacuum system was off and there was a hole in the pipeline, the methane would likely escape so slowly as to immediately be diluted in the outside air to a non-flammable level. We know of no reported incident of an explosion associated with MRS lines which are positioned away from immediate sources of ignition. The City of San Juan Capistrano should take this information into consideration when deciding on approval of this proposal and subsequent nearby land use. If the LEA can be of any further assistance, please call Fred Gaggioli at (714) 667-3715. Sincerely, A-k,jjn y. WO Karen L. Hodel, RG, Program Manager Environmental Health Division Solid Waste Local Enforcement Agency co William M. Huber, Director of Engineering and Building, City of San Juan Capistrano Ken R. Smith, Chief Engineer, IWMD Suzanne McClanahan, Manager Environmental Affairs, IWMD