1997-0304_ORANGE , COUNTY OF_Offer and Agreement2
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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.
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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
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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
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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
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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
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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' ,
,
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IV
1 PA'
OF EASEMENT
DIRT ROAD
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,
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/
,
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,
,
,
,
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/ 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.
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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