22-0124_SANTA MARGARITA WATER DISTRICT_Memorandum of Agreement for the Exercise of City Appurtenant Water RightsRECORDING REQUESTED
BY AND WHEN RECORDED
RETURN TO:
Alston & Bird, LLP
333 S. Hope Street, 16th Floor
Los Angeles, CA 90071
Attn: Edward J. Casey, Esq.
ASSESSOR PARCEL NOS.:
650-023-08, 650-023-09,
125-172-24, 125-172-25,
125-172-26, and 125-172-27
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II 11 II 11111 1111 [II III I II NO FEE
*$ R 0 0 1 3 4 8 6 6 0 5$*
202200003016610:12 am 01/24/22
227 NC -5 M 10 16
0.00 0.00 0.00 0.00 45.00 0.00 0.000.000.00 0.00
(Space Above This Line For Recorder's Use)
This document is recorded at the request of and for the benefit of Santa Margarita Water District
and is therefore exempt from the payment of the recording fee pursuant to Government
Code Section 27383 and from the payment of the documentary transfer tax pursuant to
Revenue and Taxation Code Section 11922.
MEMORANDUM OF AGREEMENT FOR THE EXERCISE OF CITY
APPURTENANT WATER RIGHTS
THIS MEMORANDUM OF AGREEMENT FOR THE EXERCISE OF CITY APPURTENANT
WATER RIGHTS ("Memorandum") is executed this first day of November, 2021 by the City of
San Juan Capistrano ("City") and Santa Margarita Water District ("SMWD") (each a "Party" and
collectively the "Parties"), with reference to the following facts:
RECITALS
A. The City is a general law city created and existing under the California Constitution and
the laws of the State of California. Among other lands, the City owns the parcels currently
identified as Assessor's Parcel Number ("APN")s 650-023-08, 650-023-09, 125-172-24,
125-172-25, 125-172-26, and 125-172-27, as more particularly described in Exhibit "A"
(collectively, the "Designated City Lands").
B. SMWD is a water district created and existing under the California Water District Law
(California Water Code Section 34000 et seq.).
C. The City and SMWD have entered into that certain Annexation Agreement dated as of
January 21, 2020 ("Annexation Agreement"). Pursuant to the Annexation Agreement,
the City and SMWD agreed to, among other things, negotiate in good faith and enter into
certain agreements with respect to the City's water rights and the SMWD's provision of
water service to the City and its existing and future customers.
D. By reason of the City's ownership of the Designated City Lands and the location of each
of the Designated City Lands, the City claims to hold certain water rights appurtenant to
each of the Designated City Lands (whether riparian, overlying or otherwise) to extract
water from the San Juan Creek and its underfloor and the Arroyo 'T'rabuco Creek and its
23341516.1
November 1, 2021
underflow, which creeks are within the San Juan Valley Groundwater Basin, Department
of Water Resources Basin No. 9-001 for reasonable and beneficial uses upon each of the
Designated City Lands. The claimed water rights described in this Recital D are
collectively referred to as the "City's Appurtenant Rights."
E. In accordance with the Annexation Agreement, the Parties desired to provide for the
exercise of the City's Appurtenant Rights for the benefit of the Designated City Lands.
Additionally, the City, without transferring any of the City's Appurtenant Rights, desired
to designate and empower SMWD to act as the City's agent and trustee with respect to the
City's Appurtenant Rights for the benefit of the Designated City Lands, and SMWD
desired to accept such designation on the terms and conditions as have been set forth in the
"Agreement For The Exercise Of City Appurtenant Water Rights," dated October 27, 2021
("Agreement").
F. The specific terms and conditions of the Parties are set forth in the Agreement and are by
this reference made a part hereof.
G. The Parties have executed and recorded this Memorandum for the purpose of imparting
notice of the Agreement and the respective rights, duties and obligations of the City and
SMWD as set forth therein.
H. In the event of any inconsistency between the provisions of this Memorandum and the
provisions ofthe Agreement, the provisions of the Agreement shall prevail.
L This Memorandum may be executed in any number of counterparts, each of which shall be
an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the City and SMWD have executed this Memorandum as of
the date first stated above.
CITY OF SAN JUAN CAPISTRANO
By:
e ie
City manager
SANTA MARGARITA WATER DISTRICT
r—
By:
Charles T. ibson
President of Board of Directors
Exhibit "A" — Designated City Lands
23341516.1
November 1, 2021
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Orange ) ss.
City of San .Tuan Capistrano )
(Gov't Code 40814 & Civil Code 1 181)
On November 9, 2021, before me, Christy Jakl, Assistant Citv Clerk, personally appeared
Benjamin Siegel, who proved to me on the basis of satisfactory evidence to the be 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/there signature on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
City Manager
Title
Signer is Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
Chris Jakl, Assist t City Clerk
OPTIONAL
Description of Attached Document
Title or Type of Document
Memorandum of Agreement for the Exercise of City
Appurtenant Water Rights
City of San Jan Capistrano and Santa Margarita
Water District
EXHIBIT A — DESIGNATED CITY LANDS
Assessor's Parcel Number 650-023-08 (Special Event Parking Only)
and
Assessor's Parcel Number 650-023-09 (Tree Farm)
23341516.1
November 1, 2021
Christmas Tree Property
Legal Description
In the City of San Juan Capistrano, County of Orange, State of California,
the land described as follows:
Those portions of Sections 25 and 36, Township 7 South, Range 8 West,
San Bernardino Base and Meridian, and that portion of Lot 6 of Tract No.
112, as shown on a map recorded in Book 11, Page 12 of Miscellaneous
Maps, records of Orange County, California, described as follows:
Beginning at the intersection of the Southeasterly line of said Lot 6 with a
line parallel with and distant 40.00 feet Northeasterly, measured at right
angles, from the center line of the California State Highway, as described in
the deed recorded March 22, 1916 in Book 281, Page 245 of Deeds, records
of said County; thence South 51 degrees 11' 00"'East, 131.98 feet along
said parallel line to the Northwesterly line of that certain 20.00 -foot wide
strip of land described in a deed to the State of California, recorded March
309 1934 in Book 660, Page 483 of Official Records; thence North 38
degrees 49' 00 East, 10.00 feet to the most Northerly corner of said 20.00
foot wide strip of land; thence South 51 degrees 11' 00" East 911.91 feet to
the most Easterly corner of said 20.00 foot wide strip of land; thence North
38 degrees 49' 00" East, 14.76 feet along the Northeasterly prolongation of
the Southeasterly line of said strip of land; thence North 38 degrees 49' 01"
West, 293.39 feet; thence North 46 degrees 20' 54" West, 368.64 feet to
the beginning of a non -tangent curve concave Southwesterly and having a
radius of 2870.00 feet, a radial line to the center of said curve bears South
40 degrees 32' 45" West; thence Northwesterly along said curve through a
central angle of 1 degree 43' 45", a distance of 86.62 feet; thence tangent
to said curve North 51 degrees 11' 00" West, 680.35 feet; thence South 38
degrees 49' 00" West, 108.21 feet to the beginning of a non -tangent curve
concave Northeasterly having a radius of 2560.00 feet, a radial line to the
center of said curve bears North 44 degrees 18' 37" East; thence
Southeasterly along said curve through a central angle of 5 degrees 29' 37",
a distance of 245.46 feet to the point of tangency with the first herein
mentioned parallel line; thence South 51 degrees 11' 00" East, 131.89 feet
to the point of beginning.
Excepting that portion deeded to the Orange County Flood Control District,
described below, and also excepting that portion of the above described land
lying southeasterly of the land described below:
A strip of land, 170 feet wide, in those portions of Sections 25 and 36,
Township 7 South, Range 8 West, San Bernardino Meridian, according to
the official plat of said land filed in the District Land Office, as described
in the deed to Charles R. Williams, recorded July 12, 1961 in Book 5782,
Page 373of Official Records, in the office of the County Recorder of said
County, said strip lying 85.00 feet on each side of a line having a bearing
of North 5 degrees 17' 04" East and passing through a point of the center
line of that certain strip of land, 60 feet wide, described in deed to the State
of California, recorded March 22, 1916 in Book 281, Page 245 of Deeds,
in the office of said County Recorder, said point being distant along said
center line North 51 degrees 11' 00" West, 267.98 feet from a lead and
tack marking the Northerly terminus of that certain curve cited as having a
radius of 800 feet, a central angle of 40 degrees 54' and an arc length of
571.07 feet in the center line of that certain strip of land, 60 feet wide,
described in deed to the State of California, recorded January 24, 1925 in
Book 557, Page 305 of said Deeds.
EXHIBIT A DESIGNATED CITY LANDS
Assessor's Parcel Number 125-172-24 (Parcel 7)
Assessor's Parcel Number 125-172-26 (Creek Open Space Parcel)
Assessor's Parcel Number 125-172-27 (Parcel 8)
Assessor's Parcel Number 125-172-25 (La Pata Open Space)
23341516.1
November 1, 2021
HUITT-MLLkRS
HUITT-ZOLLAA INC a 430 Exchcnoa I Suite 200 1 Iryine, CA 92602-1315 - 714.734.5100phon* - 774.734.5155 fox - hvitf-zolfcmco
EXHIBIT A
LEGAL DESCRIPTION
R1vfV CONDAUNITY DEVELOPMENT
SAN JUAN PROJECT
Parcel 7:
10-1159-20 (D)
06-26-09
That portion of Parcel 104 of Certificate of Compliance No. CC 2001-01, in the
Unincorporated Territory of the County of Orange, State of California, recorded July 26,
2001 as Instrument No. 20010508635 of Official Records, in the office of the County
Recorder of said County, described as follows:
Beginning at the Southeasterly terminus of that certain course along the Southwesterly
line of Rancho Mission Viejo, as shown on Record of Survey No. 2006-1181, in Book
218, Pages 14 through 24, inclusive, of Records of Survey, in the office of said County
Recorder, described as having a bearing and distance of "North 52'57'24" West
4459.27'" on said Record of Survey; thence along said Southwesterly line North
5257'24" West 526.36 feet to a point hereinafter referred to as Point "A"; thence leaving
said Southwesterly line and along the Northwesterly line of Parcel Two of the Planning
Area One Development Boundary as approved July 26, 2006 by the Orange County
Planning Commission Resolution No. 06-05, as shown on said Record of Survey, the
following courses., North 2 8'15" East 301.76 feet, North 34'09'53" East 888.59 feet, and
North 23120'42" East 814.28 feet to the Southerly right-of-way fine of Ortega Highway, as
described in Exhibit "C" in the Grant Deed to the County of Orange, recorded August 1,
2008 as Instrument No. 2008000368965 of said Official Records; thence along said
Southerly right-of-way line, the following courses: North 83'I2'45" East 344.58 feet,
North 04715" West 19-74 feet to the beginning of anon -tangent curve concave Southerly
having a radius of 6326.27 feet, a radial line of said curve to said point bears North
3113'37" West, Easterly 24.26 feet along said curve through a central angle of (Yl3'l V,
North 80'59V34" East 256.57 feet to the beginning of a curve concave Northerly having a
radius of 4579.70 feet, Easterly 139.48 feet along said curve through a central angle of
1°4442", non -tangent South 87'43'55" East 90.93 feet to the beginning of a non -tangent
curve concave Northerly having a radius of 4591.70 feet, a radial line of said curve to
said point bears South 5'5242" East, Easterly 275.99 feet along said curve through a
central angle of 326'38", non -tangent North 871657" East 71.92 feet, South 10'12,54"
East 4.17 feet, South 59114'37" East 84.63 feet, and North 85'16'07" East 18.27 feet to a
point on a non -tangent curve concave Northwesterly having a radius of 1550.00 feet, a
radial line of said curve to said point bears North 85°1719" East, said curve also being the
Northwesterly right-of-way line,ofLa Pata Avenue, as shown on said Record of Survey;
thence along said Northwesterly right-of-way, the following courses: Southwesterly
1103.15 feet along said curve through a central angle of 4(?46'40",South-36143*-VA -AVes+
o P0. 1 159-20/a/Vmtvsanjuan/z1Vbpm
EXHIBIT A 10-1159-20 (D)
LEGAL DESCRIPTION -CONTINUED 06-26-09
RMV CON84UNITY DEVELOPMENT
SAN JUAN PROJECT
PAGE 2
40-*4&46-1�-; South 36003'59" West 561.99 feet to the beginning of a curve concave
Southeasterly having a radius of 1650.00 feet, and Southwesterly 882.54 feet along said
curve through a central angle of 30'3846", to a point hereinafter referred to as Point "B";
thence leaving said Northwesterly right-of-way line non -tangent South 8402650" West
703.78 feet to a point on said Southwesterly line of Rancho Mission Viejo, said point
being distant thereon South 19'1744" East 213.59 feet from the point of beginning;
thence North 19* 1744" West 213.59 feet to the point of beginning.
Containing an area of 70.572 acres, more or less.
Creek Otin Space Parcel:
That portion of Parcel 104 of Certificate of Compliance No. CC 2001-01, in the
Unincorporated Territory of the County of Orange, State of California, recorded July 26,
2001 as Instrument No. 20010508635 of Official Records, in the office of the County
Recorder of said County, described as follows:
Beginning at Point "A" as described in Parcel I herein above; thence along the
Northwesterly line of Parcel Two of the Planning Area One Development Boundary as
approved July 26, 2006 by the Orange County Planning Commission Resolution No.
06-05, as shown on Record of Survey No. 2006-1181, in Book 218, Pages 14 through 24,
inclusive, of Records of Survey, in the office of said County Recorder, the following
courses: North 2'38'15" East 301.76 feet, North 34'09153" East 888.59 feet, and North
23'20'42" East 814.28 feet to the Southerly right-of-way line of Ortega Highway, as
described in Exhibit "C" in the Grant Deed to the County of Orange, recorded August 1,
2008 as Instrument No. 2008000368965 of said Official Records, thence along said
Southerly right-of-way line, the following courses: South 83c'12'45" West 55.42 feet,
South 6047115" East 40.00 feet, and South 83'12'45" West 311.98 feet to the
Southeasterly line of Parcel One of said Planning Area One Development Boundary, as
shown on said Record of Survey, said point hereinafter referred to as Point "C"; thence
leaving said Southerly fight -of -way line and along said Southeasterly line, the following
courses: South 37'4328" West 358.30 feet South 27151121" West 469.69 feet, South
38038'01" West 422.80 feet to the beginning of a non -tangent curve Southeasterly having
a radius of 500.00 feet a radial line of said curve to said point bears North 5039'07"
West, and Southwesterly 445.03 feet along said curve through a central angle of
50059'50" to a point on the Southwesterly line of Rancho Mission, as shown on said
Record of Survey, said point being distant thereon North 52'57'24" West 746.21 feet
from the point of beginning; thence leaving said Southeasterly line and along said
Southwesterly line South 52'5724" East 746.21 feet to the point of beginning.
Containing an area of 17.142 acres, more or less.
r/ 10- 1 159-201a/Vnnvsanjuaa&k/hprn
EX=IT A 10-1159-20 (D)
LEGAL DESCRIPTION -CONTINUED 06-26-09
RMV COMMUNITY DEVELOPMENT
SAN JUAN PROJECT
PAGE 3
Parcel 8:
That portion of Parcel 104 of Certificate of Compliance No. CC 2001-01, in the
Unincorporated Territory of the County of Orange, State of California, recorded July 26,
2001 as Instrument No. 20010508635 of Official Records, in the office of the County
Recorder of said County, described as follows:
Beginning at Point "C" as described in Parcel 2 herein above; thence along the
Southeasterly line of Parcel One of the Planning Area One Development Boundary as
approved July 26, 2006 by the Orange County Planning Commission. Resolution No.
06-05, as shown on Record of Survey No. 2006-1181, in Book 218, Pages 14 through 24,
inclusive, of Records of Survey, in the office of said County Recorder, the following
courses: South, 37'4328" West 358.30 feet, South 27"5121" West 469.69 feet, South
38038101" West 422.80 feet to the beginning of a non -tangent curve concave
Southeasterly having a radius of 500.00 feet, a radial line of said curve to said point bears
North 5039107" West, and Southwesterly 445.03 feet along said curve through a central
angle of 50'59'50" to a point on the Southwesterly fine of Rancho Mission Viejo, as
shown on said Record. of Survey; thence North 52'5724" West 640.24 feet along said
Southwesterly line to the Southerly right-of-way line of Ortega Highway, as described in
Exhibit "C" in the Grant Deed to the County of Orange, recorded August 1, 2008 as
Instrument No. 2008000368965 of said Official Records; thence along said Southerly
right-of-way line, the following courses: North 53'03'40" East 15.49 feet, South
36056120" East 3.50 feet, North 53103'40" East 308.58 feet to the beginning of a curve
concave Northerly having a radius of 7044.30 feet, Northeasterly 299.61 feet along said
curve through a central angle of 226'13", North 50'3727ff East 81.26 feet, South
39022'52" East 3.07 feet, North 50037'08" East 210.25 feet North 57051'04" East 71.12
feet to the beginning of a non -tangent curve concave Southerly having a radius of
1474.06 feet a radial line of said curve to said point bears North 39024'19" West,
Northeasterly 210.68 feet along said curve through a central angle of 801120", non -
tangent South 25011117" East 13.07 feet, North 8002321" East 29.94 feet, North
61008136" East 68.00 feet North 29011'32" West 11.61 feet, North 42004'13" East 30.05
feet to the beginning of a non -tangent curve concave Southeasterly having a radius of
1530.00 feet, a radial line of said curve to said point bears North 2405915111 West,
Northeasterly 254.57 feet along said curve through a central angle of 9032'00", along a
radial line of said curve non -tangent South 15°27'51" East 50.00 feet to the beginning of a
non -tangent curve concave Southeasterly having a radius of 1480.00 feet; a radial line of
said curve to said point bears North 15°27'51" West, Northeasterly 224.13 feet along said
curve through a central angle of 8'40'36" and North 83012'45" East 45.72 feet to the point
of beginning.
Containing an area of 18.403 acres, more or less.
rl 10-1 159-20/aA/nnvmjuanWApm
EXHIBIT A 10-1159-20 (D)
LEGAL DESCRIPTION -CONTINUED 06-26-09
RMV COMMUNITY DEVELOPMENT
SAN JUAN PROJECT
PAGE 4
La Pata Open Space Parcel:
That portion of Parcel 104 of Certificate of Compliance No. CC 2001-01, in the
Unincorporated Territory of the County of Orange, State of California, recorded July 26,
2001 as Instrument No. 20010508635 of Official Records, in the office of the County
Recorder of said County, described as follows:
Beginning at Point "B" as described in Parcel 1 herein above; thence South 8426'50"
West 703.78 feet to a point on the Southwesterly line of Rancho Mission Viejo, as shown
on Record of Survey No. 2006-1181, in Book 218, Pages 14 through 24, inclusive, of
Records of Survey, in the office of said County Recorder, said point being distant thereon
South 19'1744" East 213.59 feet from the point of beginning of said Parcel 1; thence
along the Westerly, Southerly and Easterly lines of said Parcel 104, the following
courses: South 19'17'44" East 1017.75 feet, North 58'02'03" East 484.09 feet, North
-T46'10" West 452.96 feet to the beginning of a curve concave Easterly having a radius of
1650.00 feet, and Northerly 322.24 feet along said curve through a central angle of
I rl 1'23" to the point of beginning.
Containing an area of 11.562 acres, more or less.
As shown on Exhibit B attached hereto and by this reference made a part hereof.
F. G
c NO. 5557
0- EXP. 09/30/09
AMES GILLEN, PLS 5557
Note: Corrected typographical errors on pages 1 and 2 of this exhibit by strikeout
of duplicate calls:
Digitally signed by Steve May
Date: 2021.11.05 09:35:51 -07'00'
Steve W. May, PLS 7023, 10/03/2021
r110-1159-20/a4/nnvsanjuan/rJdhpm
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