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02-1115_CVWD_Reso No. 02-11-05-05_2002001029024N RECORDING REQUESTED BY: FIRST AMERICAN TITLE INSURANCE SUBDIVISION DEPARTMENT WHEN RI -CORDED MAIL TO: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 OR. — 2227445 NOBLE This Document waSectronically recorded by First erican Title Recorded in Official Records,County of Orange Darlene Bloom, Clerk Recorder 111111111111111111111111111111IIIIIV1111111111111111111111111111 NO FEE 2002001029024 04:30pm 11/15/02 103 15 R28 12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RESOLUTION THIS SPACE FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) • CERIFIED COPY RESOLUTION NO. 02-11-05-05 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AUTHORIZING THE ACCEPTANCE OF REAL PROPERTIES BY QUITCLAIM DEED IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS BY THE SAN JUAN BASIN AUTHORITY (TIRADOR WELL SITE, CVWD WELL SITE #1, SJBA #2 AND #4 WELL SITES AND APN 668-101-03 CITY HALL SITE) WHEREAS, the City of San Juan Capistrano (the "City") is a municipal corporation duly organized and existing under the Constitution and the laws of the State of California; WHEREAS, the Capistrano Valley Water District (the "Water District') is a municipal water district duly organized and existing under and pursuant to the Constitution and laws of the State of California and the San Juan Capistrano Municipal Sewer District No. 1 (the "Sewer District") is a municipal sewer district organized and existing under the pursuant to the Constitution and laws of the State of California; WHEREAS, the Water District and the Sewer District are the owners of certain real property more particularly described on Exhibits A and B attached hereto (the "Property"); WHEREAS, the City, the Water District and the Sewer District desire to assist the San Juan Basin Authority (the "Authority") with the Authority's financing of the cost of certain capital improvements and facilities for the water distribution system on the Property which benefits constituents in each of the City, the Water District and the Sewer District (collectively, the "Project') through the issuance by the Authority of Lease Revenue Bonds to finance the Project (the "Bonds"); WHEREAS, in order to enable the Authority to issue the Bonds, title to the Property must be held by the City; and WHEREAS, the City has determined it is in the best interests of the City and its constituents to accept title to the Property by quitclaim deed from the Water District and the Sewer District to facilitate the sale and issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Juan Capistrano does hereby find, determine, and declare as follows: SECTION ONE: The quitclaim deeds in substantially the form attached hereto as Exhibits C and D and made a part hereof (the "Quitclaim Deeds"), be, and the same hereby are, approved and accepted. The City Manager or the Assistant City Manager are hereby authorized, directed and empowered to accept delivery of the Quitclaim Deeds and to execute, acknowledge and record the Quitclaim Deeds with such changes, insertions and omissions as may be approved by the officers executing the same, the execution of 11-05-02 the Certificate of Acceptance attached to each Quitclaim Deed being conclusive evidence of such approval. SECTION TWO: The City Manager, Assistant City Manager or any other proper employee of the City, acting singly, be and each of them hereby is, authorized, directed and empowered to execute, acknowledge (as applicable), deliver and record any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this resolution. All prior actions taken by any proper employee of the City necessary or proper forthe purpose of carrying out the transactions contemplated by this resolution are hereby ratified, affirmed and approved. SECTION THREE: This resolution shall take effect immediately. PASSED, APPROVED AND ADOPTED this 5t' day of November 2002. ATTEST: R. MONAHAN. CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 02-11-05-05 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 5th day of November 2002, by the following vote: AYES: COUNCIL MEMBERS: Hart, Campbell, Gelff and Mayor Bathgate NOES: COUNCIL MEMBERS: Swerdlin COUNCIL M BI jr None The foregoing instrument is -8 Correct copy of the original on file in this office. Attest:20 City Clerk of the City of San Ju n C 'strand, County of Orange, ET R. MONAHAN, City Clerk lit i 5y: fiQB-18y, 0 9 EXHIBIT A LEGAL DESCRIPTION THAT REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL I (TIRADOR WELL SITE): THAT PORTION OF LOT 31 OF TRACT NO. 103, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT, THENCE NORTH 88° 1T 41" WEST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 254 FEET; THENCE SOUTH 10 42'19" WEST, A DISTANCE OF 291.41 FEET TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO FRED W. STROSCHEW AND OTHERS, BY DEED RECORDED MARCH 26, 1947 IN BOOK 1492, PAGE 234, OF OFFICIAL RECORDS; THENCE SOUTH 88° 17' 41" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 21.58 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 31; THENCE NORTH 40° 16'49" EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 372.75 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO THE BOTTOM OF SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LAND, AS RESERVED IN THE DEED FROM CARL L. STROSCHEIN AND OTHERS, RECORDED FEBRUARY 15, 1955 IN BOOK 2959, PAGE 307 OF OFFICIAL RECORDS. PARCEL 2 (WELL SITE 1): PARCEL B AS SHOWN ON EXHIBIT "B" OF LOT LINE ADJUSTMENT NO. 02-15858-13, RECORDED ccjCv( s701, 2002, AS INSTRUMENT NO. ofPi-t.JSF* IN THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 3 (WELL SITES 2 AND 4): LETTERED LOTS B AND E OF TRACT NO. 15998, AS SHOWN ON A MAP FILED IN BOOK 820, PAGES 42 TO 47 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL WATER RIGHTS INCLUDED WITHIN OR APPURTENANT TO THE LAND DEDICATED TO CAPISTRANO VALLEY WATER DISTRICT ON THE MAP OF SAID TRACT SAVING. 0 EXHIBIT ID LEGAL DESCRIPTION (PLANT SITE AND DANCE HALL WELL SITE) THAT REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: (ASSESSOR'S PARCEL NO. 668-101-03) THAT PORTION OF LOT 60 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHEAST CORNER OF LOT 59 OF SAID TRACT NO. 103; THENCE NORTH 870 55'30" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 59 AND THE WESTERLY PROLONGATION THEREOF, 392.00 FEET; THENCE SOUTH 2'04'30" WEST 555.53 FEET; THENCE SOUTH 87' 55'30" EAST 380.00 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY, AS SHOWN ON SAID MAP; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THE DEED TO OYHARZABAL AND OTHERS, RECORDED JUNE 16, 1970 IN BOOK 9318, PAGE 861 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. RECORDING REOUFSTED BY FIRST AMERICA" Ill LE COMPANY y ��q7 SUBDIVISION DEPARTMENT fl • �n irl % 1 • RECORDING REQUESTED BY: City of San Juan Capistrano WHEN RECORDED MAIL TO: Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 Attn.: Meg Monahan, City Clerk `3d7'7�INS nl�'fS(� [Space above for recorder.] This document is exempt from payment of a recording fee pursuant to Government Code Section 27383. DOCUMENTARY TRANSFER TAX: The undersigned grantor declares: This transaction is exempt from the payment of documentary transfe tax pursuant to �a e nd Taxation o�e�Seic 191 22. QSign ure f Declarant or Agent De te ininl/Talx- Firs Name`—• UITCLAIM D �e FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CAPISTRANO VALLEY WATER DISTRICT, a public body, corporate and politic ("Grantor"), does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF SAN JUAN CAPISTRANO, a municipal corporation duly organized and existing under the Constitution and laws of the State of California, all of Grantor's right, title, and interest in and to that certain real property located in the City of San Juan Capistrano, County of Orange, State of California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of ! ( — S , 2002. CAPISTRANO VALLEY WATER DISTRICT, a public bod Forporatc and politic By: Its: A%� Mail Tax Statements to: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92670 Attention: Finance Director • EXHIBIT A • LEGAL DESCRIPTION THAT REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1 (TIRADOR WELL SITE): THAT PORTION OF LOT 31 OF TRACT NO. 103, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT, THENCE NORTH 88° 17,41 WEST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 254 FEET; THENCE SOUTH 10 42' 19" WEST, A DISTANCE OF 291.41 FEET TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO FRED W. STROSCHEIN AND OTHERS, BY DEED RECORDED MARCH 26, 1947 IN BOOK 1492, PAGE 234, OF OFFICIAL RECORDS; THENCE SOUTH 88° 1741 " EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 21.58 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 31; THENCE NORTH 40° 16'49" EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 372.75 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO THE BOTTOM OF SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LAND, AS RESERVED IN THE DEED FROM CARL L. STROSCHEIN AND OTHERS, RECORDED FEBRUARY 15, 1955 IN BOOK 2959, PAGE 307 OF OFFICIAL RECORDS. PARCEL 2 (WELL SITE 1): PARCEL B AS SHOWN ON EXHIBIT "B" OF LOT LINE ADJUSTMENT NO. 02-15858-13, RECORDED ccwcv(t(1s7(; 2002, AS INSTRUMENT NO.IN THE OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA. PARCEL 3 (WELL SITES 2 AND 4): LETTERED LOTS B AND E OF TRACT NO. 15998, AS SHOWN ON A MAP FILED IN BOOK 820, PAGES 42 TO 47 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL WATER RIGHTS INCLUDED WITHIN OR APPURTENANT TO THE LAND DEDICATED TO CAPISTRANO VALLEY WATER DISTRICT ON THE MAP OF SAID TRACT SAVING. PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On November 5. 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Diane Bathgate, Chairman, personally known to me to be the person whose name 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. (SEAL) Capacity Claimed by Signers Chairman Title Signers are Representing Capistrano Valley Water District WITNESS my hand and official seal. R. Monahan, Clerk of the Board OPTIONAL Description of Attached Document Quitclaim Deed Title or Type of Document 2 plus acknowledgement & Cert of Accent Number of Pages November 5, 2002 Date of Document Signer(s) Other Than Named Above CWFICATE OF ACCEPTANCE • This is to certify that the interest in the real property conveyed under the foregoing to the City of San Juan Capistrano, a municipal corporation duly organized and existing under the Constitution and laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City of Sap Juam Capistrano, pu�lantto gr2ty conferred by resolution of the said City adopted on and the grantee consents to recordation thereof by its duly authorized officer. Dated: 2002 CITY OF SAN JUAN �P�ST 10 y: (� C Its: J ity Clerk RECORDING REO"IESTED RY FIRST AMERICA" III LE COMPANY AM DEPARTMENT RECORDING REQUESTED BY: City of San Juan Capistrano WHEN RECORDED MAIL TO: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 Attn.: Mee Monahan, Citv Clerk [Space above for recorder.] This document is exempt from payment of a recording fee pursuant to Government Code Section 27383. DOCUMENTARY TRANSFER TAX: The undersigned grantor declares: This transaction is exempt from the payment of documentary transf tax pursuant to Rev ue and Taxatiot C9 e tp iqp 912- t -- Sign —Signa re ec arant or Agent Determining Tax -/From Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SAN JUAN CAPISTRANO MUNICIPAL SEWER DISTRICT NO. 1, a public body, corporate and politic and successor -in -interest to the San Juan Capistrano Sanitary District of Orange County, California by resolution of the City Council of the City of San Juan Capistrano, Resolution No. 61-10-9-1 dated October 9, 1961 ("Grantor"), does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF SAN JUAN CAPISTRANO, a municipal corporation duly organized and existing under the Constitution and laws of the State of California, all of Grantor's right, title, and interest in and to that certain real property located in the City of San Juan Capistrano, County of Orange, State of California, more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of , 2002. SAN JUAN CAPISTRANO MUNICIPAL SEWER By: Its: /1A &, I A&,I n2 Mail Tax Statements to: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92670 Attention: Finance Director DOC S OC�927296v I \22658.0017 0 0 EXHIBIT A LEGAL DESCRIPTION (PLANT SITE AND DANCE HALL WELL SITE) THAT REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: (ASSESSOR'S PARCEL NO. 668-101-03) THAT PORTION OF LOT 60 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHEAST CORNER OF LOT 59 OF SAID TRACT NO. 103; THENCE NORTH 870 55'30" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 59 AND THE WESTERLY PROLONGATION THEREOF, 392.00 FEET; THENCE SOUTH 2'04'30" WEST 555.53 FEET; THENCE SOUTH 87° 55' 30" EAST 380.00 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY, AS SHOWN ON SAID MAP; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THE DEED TO OYHARZABAL AND OTHERS, RECORDED JUNE 16, 1970 IN BOOK 9318, PAGE 861 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. 0 • PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On November 5, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Diane Bathgate, personally known to me to be the person whose name 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. (SEAL) WITNESS my hand and official seal. 0, R. Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Mayor Quitclaim Deed from SJC SMD#1 Title or Type of Document Title 2 + certification & acknowledgement Signers are Representing Number of Pages City of San Juan Capistrano November 5, 2002 Date of Document Signer(s) Other Than Named Above CERTIFICATE OF ACCEPTANCE O� This is to certify that the interest in the real property conveyed unde a foregoing to the City of San Juan Capistrano, a municipal corporation duly organized and existing u der the Constitution and laws of the State of California, is hereby accepted by the undersigned officer un agent on behalf of the City of San Juan Capistrano, pursuant to authority conferred by resolution of the said City adopted on W ((,5, 200 Rand the grantee consents to recordation thereof by its duly authorized officer. Dated: U - ) 3 , 200 �-? DOC S OC\927296v l \22658.0017 CITY OF SAN JUA C�PIS� NO y: C �1 Its: U Clerk