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05-0907_CERRITOS LAND PARTNERS, L.P_Notice of Completion • Recorded in Off 40 Records, Orange County RECORDED Tom Daly, Clerk-Recorder RETURN TO: REQUEST OF AND Iiiiiiillllilhllilllllliiiiiillllllliliilllllliiilllllllllllllllllllllllll NO FEE City San Juan Capistrano Cl City Clerk's Office 2006000698619 09:23am 10111106 32400 Paseo Adelanto ws228a 11 N12 1 San Juan Capistrano, CA 92657 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Cerritos Land Partners, L.P., 28546 Paseo Diana, San Juan Capistrano,CA,92675,for the construction of the public water improvements for 31601 Avenida Los Cerritos, San Juan Capistrano, CA. That said work was completed on September 7, 2005, by said company according to plans and specifications and to the satisfaction of the Water Engineering Manager of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 3rd day of October, 2006, by Resolution No. 06-10-03-3 . That upon said contract, Indemnity Company of California, Bond No. 839440S was the surety bond given by the said company as required by law. Dated at San Juan Capistrano, California, this 4`h day of October 2006. G2 ar ret R. Monahan, City Clerk ity San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City of San Juan Capistrano, DO HEREBY CERTIFY, under penalty of perjurythat the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk of the City of San Juan Capistrano. Dated at San Juan Capistrano this 4th day of October 2006. G2 rg ret R. Monahan, City Clerk ity o San Juan Capistrano SD CITY OF SAN JUAN CAPISTR& 32400 Pasw Aeelanto,San Juan Capistrano 92675 PERMIT NO.: ZOOM- '3C-- Tele:(949)498-1171 Fax:(949)49&1053 — ISSUE DATE: (pig/05 •.n r4.,r APPLICATION FOR WORK IN THE PUBLIC RIGHT OF WAY USA I.D. NO.: In accordance with the San Juan Capistrano Municipal Code 7-3.02 and 7-6,02. 0°� .�h{�m Expiration Date: Location of Work: 3llQo/ A✓BNid.9 LOS CI'n�OS _ Project: Name of Owner: Alrgd_--�.�.e� Address of Owner: Name of Contractor: VA��e✓ [gyp mnir'ctrl Cew ke�ivs L P Contractor's Phone:��s,)/S_ f.� Contractors Lic.: Address of Conti.: J[J 7.Ss2 rl AG�r^ V /4Jd sce. .ZIO Contact Name: /�7/�'C 111RccNcC IrVi wci CA �,�✓r/1 City Bus. Lic.No.: Comments: APPLICATION IS HEREBY MADE TO PERFORM THE FOLLOWING WORK TYPE OF WORK: Excavation �Havl Paving REQUIRED SUBMITTALS: Approved Plan/Bond/Cost Est. Traffic Control Other: Insurance Cert. IT Control/ Archaeology Monitor / Caltrans / CaIOSHA Work is Scheduled to Begin: p . Est. Completion Date: DESCRIPTION: fa4 o, ✓i.dAAA vin-- 4- u - i SPECIAL CONDITIONS/REMARKS-to be completed by city: CONDITIONS OF THIS PERMIT PERMIT FEES 1.Permittee shall contact the City Engineering Inspector at least 24 hrs.prior to commencing work. 2.Pennittee shall comply with all approved plans,required submittals,and conditions per attachment"A". ❑ Fee Waived 3.This Permit is not valid without an USA Identification Number per requirements of Assembly Bill 73. 4. Call Underground Service Alert at 1-800-422-1433 at least 48 hrs.prior to excavating. 5. Lane closures 8:30 a.m.to 3:30 p.m..Two way traffic maintained at all times. Issuance Fee: `/0.00 6.This permit with approved plans must be on the job site and available to City representatives at all times. 7.The applicant hereby agrees to do all work and comply with all applicable City Ordinances and Regulations. Inspection Fee: '�3 70, 00 8. Any damage to public or private property as a result of this work shall be the responsibility of the permittee. Bond/Deposit: � 50L1, OG I hereby agree to indemnity,defend and save the City,its authorized agents,officers,representatives and employees,harmless from any 2 and all penalties,liabilities, annoyances or any accident,loss or damage to persons or property happening or occurring as a proximate Record Mgmt: result of any work under the permit granted pursuant to this application. I have read and fully understand the pmvisions and conditionsa per s ee of this permit or attached herewith. Municipal Code violations am administered in accordance with Municipal Code 1-2.03(b)7 ,/j ^ /�j�A r1n /, c- .�t,, TOTAL FEE: q f Z.� DU S/r JN/YL �s /�///C.l.° J . „li�L(,/'i LL° Return Deposit To: Cerr;in,5 t..4.,d Pyr+viev�L,p; Signature of Permittee Print Name APPROVED: //G'r 6`f}C y Engineering Divisio epl.of Engineering and Building Payment Recd By: INSPECTION RECORD Assigned to: Date Remarks CERTIFICATE OF INSPECTION: 1 certify that the work allowed in the public right-of-way has been constructed according to the Gond Inspector: specifications and plans of this permit and I hereby accept the work in (Lis manner. Date: J� 32400 PASEO ADELANTO �� J � A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493.1171 /,y SAM ALLEVATO (949)493-1053 FAX FJ 11 mtulYaUIFB DIANE BATHGATE tt111II6 JOES 1 196f HART w wwsanjuancapistrano.or8 1776 ' JOE OTO • DAVID M.SWERDLIN October 23, 2006 Indemnity Company of California 17780 Fitch, Ste 200 Irvine, CA 92614 Re: Release of Bond — Bond No. 839440S — Cerritos Land Partners L. P. Dear Sir or Madam: On October 3, 2006, the City Council of the City of San Juan Capistrano took formal action to release the aforementioned bond. According to this action, the following original bond is enclosed and officially released as of October 4, 2006. BOND NO. PURPOSE AMOUNT 839440S Construction & Install Water Facilities $44,825.00 The City of San Juan Capistrano hereby fully and forever releases and discharges Indemnity Company of California from any and all liability under the abovementioned bond number. The original — released — document is enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, M ona n, MMC lty Clerk En as noted cc: (Letter copy only) Brad Gates, Cerritos Land Partners, L. P., 31601 Avenida Los Cerritos, San Juan Capistrano, CA 92675; Craig Harris, Assistant Engineer; John Elwell, Interim Public Works Director; and Rolf A. Neuschaefer (Robert E. Harris Insurance, 3150 Bristol Street, ste 200, Costa Mesa, CA 92626 San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100%Recycled Paper BON*O. 839440S Bond Premium: $1,345 (Two-Year Term) KNOW ALL MEN BY THESE PRESENTS: That we, Cerritos Land Partners, L.P. as Principal, and Indemnity Company Of California Corporation, created, organized, and existing and by virtue of the laws of the State of Ca ;f,,, duly licensed to transact a general surety business in the State of California, as surety, are held and firmly bound to the CITY OF SAN JUAN CAPISTRANO, County of Orange, State of California, in the sum of $ 44.825.00 DOLLARS, lawful money of the United States of America, to be paid to the said City for which payment well and truly to be made we bind ourselves, our heirs, executors and successors,jointly and severally. THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal has agreed to do and perform the following,to-wit cu- Construct and install all of the water facilities pursuant to Agceementfer ' %%A— Construction of Water Facilities entered into on 91 20DAy and between CITY OF SAN JUAN CAPISTRANO,and herr=tes Land Paatners, L P a copy of which is attached hereto and made a part hereof. 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City of San Juan Capistrano in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. *P1 2. Said surety,for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does eby waive notice of any such change, extension of time, alterations or modifications of the contract documents or of work to be performed thereunder. ^ _ N EFORE, a condition of this obligation is such that if the bounden Principal shall,to the ;YAC_ sati �ti the CTIY OF SAN JUAN CAPISTRANO faithfully and properly perform all of the work describe 'n id Agreement and in accordance with the plans and specifications approved for said work and s at ay all sums due for all damages suffered by said City by reason of faulty or defective work or the carelessness or negligence of said Principal and for the completion of any work not satisfactorily or properly performed in accordance with the Agreement between City and TRACT NO. � April 27, 2005 BOND NO. 8394405 Principal, and guarantee all work for a period of one year after acceptance in accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void; otherwise to remain in full force and effect IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by . their officers thereunto duly authorized this 27th day of April 2005. PRINCIPAL: Cerritos Land Partners, L.P. B,Ji: Ja khnInco porated, , General Partner (SEAL) By. Bradley Gates, CEO SURETY: ndemni4ANF, pany Of California (SEAL) By: In FactRolf schaefer The premium on this bond is Mailing Address of Surety: $ 1 .345 00 425 W. Broadway Suite 105 (Glendale CA 91204 APPROVED AS TO FORM By: ! � John Shaw,City Attorney (Executed in Triplicate) To: Administrative Services Date: 4/22/05 From: Public Works: Craig Harris Re: Receipt of Water Development Fees for: Gates Office Building (14,310 sf) Located at: 31601 Ave. Los Cerritos Fees have been received from: For the project: Tract: Permit: Parcel Map: Other: PC 66-05 Architectural Control: For the following accounts: Surety Water Bond Amount $44,825 Account No. Cost Center' Cost Detail Amount 01-4423(Engr. Map Check) 302 01-4422(Engr. Plan Check) 303 01-4422 (LLA/Lic Agree/Esmts) 303 01-1422(Dig Stor/Elev Cert/Misc)' 303 01-4422(Sewer&Hyd/Hyd Studies) 303 01-4422(Map/Plan Adm Pro) 303 01-4424 (Engr. Inspection) 304 01-4421 (Permit Issuance) 309 50-2302 (Refundable Deposit) 309 17-4466(Sewer Capacity) 309 01-4429(Digital Ortho Photo-Sewer) 309 50-4429(Digital Ortho Photo-Water) 309 50-4422(Water Plan Check)" 156 303 1,573.50 50-4422(Water Inspection)`• 156 304 1,673.90 50-4535(Meter Installation Fee) 156 309 900.00 54-4481 (Water Cap. Imp Charge) 156 309 5,724.00 54.4482(Water Capacity Charge) 156 309 7,527.06 54-4483 (Water Storage Fee) 156 309 8,586.00 55-4482(Non Domestic Water Fee) 309 Total Fees $25,984.46 The Computer Description (30 spaces maximum)for the Revenue Transaction Report is: Receipt# Date: Cashier: forward a copy of receipt form to Adm.Services Dir.when drainage fees are paid. Also GIS Info Requests,Document&Record Retrieval/Research/Review,and Misc.ReviewslProcessing ORIGINALIPROJECT FILE COPYBUDGET/CDC COPY/PROJECT FOLDER COPY/CRAIG HARRIS COPY/CINDY R./DRAINGE • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *""Steven C. Hams, Rolf A. Neuschaefer,jointly or severally*" as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Atiomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February,2005, AN By Qc David H.Rhodes,Executive Vice-President �o`JPF. y''pOD...�D °'• VO PP R p 5 ""O R4lF =si OCT. St% _ ? OCT.5 "^ �— =L 5 u 10 int w 1967 y %O: By Walter A.Crowell,Secretary %�"tj`• /UWP„,r'.pD3 2� 4</FOPN\ a STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February 1,2005,before me,Nita G Hitfineyeq personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. NRA O.HIFFMEYER =y/ COMM.k 1543481 / � NOTORAN ECOUNTYNf' Signature ORANGECOUNTY t»mm.mtplrea Jen.10,2009 CERTIFICATE The undersigned,as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 27th day of April zf)05 By k David L.Kerrigan,Executive Vice-President ID-1380(Rev.V05) STATE OF California SS. COUNTY OF Orange On Apryl 97, 9095 , before me, Marie M.Bistolas PERSONALLYAPPEARED Rolf A.Neuschaefer 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/herltheirauthonzed capacitAies),and that by hWhentheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. CAM Adm•1627M "coy FA&k-cawomia WITNESS my hand and official seal. 010"P courrY Le Alyccrnlrr.0 ' NovlV. Signature � 7it . This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Performance Improvement Bond TITLE OF TYPE OF DOCUMENT TME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Two Q ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: April 27, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENi OES) Indemnity Company of California SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/O7) ALL-PURPOSE ACKNOWLEDGEMENT nJwwAir- 32400 PASEO ADEIANTO v %, I� � A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i ILl`!1 Q�� (949)493-1171 aq✓ SAM ALLEVATO (949)493-1053 FAXl� m[oAVB111[! DIANE BATHGATE fS1ABUSAfO I IB6I WYATT HART www.sanjuancapistrano.org 1776 JOE 5070 ��. • DAVID M.SWERDLIN October 6, 2006 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Documents for Recording — Cerritos Land Partners, LP SENT VIA CERTIFIED MAIL The noted documents are enclosed for recording: Notice of Completion Easement Deed When placed of record, please return the recorded documents to this office. Thank you for your assistance. Very truly yours U.$. Postal Service,. CO u, CRIPQED MAIL,,, RECEIPT jMe Mo ahan, MMC, City Clerk Lr) (Domestic Mail Only;No Insurance Coverage Provided) c: Cr 'g Harris, Assistant Engineer E3 h112, E Jo Elwell, Interim Public Works Director 4 a Postage $ M CerMiee Fee 0 Retum Redept Fee PiHere* (EnCoreement Requlmd) ReetrlCtee 6911-1Fee Lr) (EndoreemeMRegolree) M a @ Totat r,stege&Fees W S ED 5&M so - :- � e,aOSoxNo. ------- ------------ ----------------------------------- ciry,srere,naw C(DPYs,7n Juan Capistrano: Preserving the Past to Enhance the Future • �Oft • 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL ® SAN JUAN CAPISTRANO,CA 92675 j (949)493-1171 ,/,j- sAM ALLEVATO (949)493-1053 FAXa t'! IB(It11U1Fe DIANE BATHGATE FnMusen I (961 wyArF HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN �e October 26, 2006 Brad Gates Cerritos Land Partners, L.P. 28546 Paseo Diana San Juan Capistrano, CA 92675 Re: Construction of Public Water Improvements for 31601 Avenida Los Cerritos, San Juan Capistrano, CA J Dear Mr. es: At their meeting of October 3, 2006, the City Council of the City of San Juan Capistrano adopted Resolution 06-10-03-03 accepting the work as completed for the Public Water Improvements for 31601 Avenida Los Cerritos, San Juan Capistrano, CA, A copy of the recorded Notice of Completion is enclosed for you records. aut a questions, please do not hesitate to call. rs, s Cler cc: Craig Harris, Assistant Engineer John Elwell, Interim Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future .1 Printed On 100%Recycled Paper 10!312006 AGENDA REPORT p 7 TO: David Adams, City Manager FROM: John W. Elwell, Acting Public Works Director SUBJECT: Consideration of Acceptance of Public Water Facilities and Related Water Easement(Cerritos Land Partners, L.P.) (APN 650-151-17) (31601 Avenida Los Cerritos) RECOMMENDATION: By motion, a. Adopt a Resolution accepting dedication of public water facilities and the related water easement from Cerritos Land Partners, L.P., a California Corporation; b. Authorize release of the surety bond; and, C. Direct the City Clerk to process recording of the Notice of Completion and easement documents. SITUATION: Cerritos Land Partners, L.P. is the current owneddeveloper of a .88-acre site that includes a 14,310 square foot commercial building located at 31601 Avenida Los Cerritos (Attachment 1). There were certain offsite and onsite water improvements associated with this development. The water improvements included the construction of one 6-inch fire service, one commercial fire hydrant, one 2-inch domestic water service, and one 2-inch irrigation water service. All public water improvements constructed for the subject property were inspected, tested, and completed to the satisfaction of the City, as well as completion of the one-year warranty period. The water easement necessary for the acceptance of the public water improvements has been provided and is offered for dedication to the City in accordance with City water standard specifications. Therefore, staff recommends the acceptance of public water improvements and related water easement from Cerritos Land Partners, L.P., and the release of the corresponding surety. Agenda Report • • October 3, 2006 Page 2 COMMISIONIBOARD REVIEW, RECOMMENDATIONS: The project has been previously reviewed and approved by the Development Advisory Board, Environmental Administrator, Design Review Committee, and Planning Commission. FINANCIAL CONSIDERATIONS: All applicable development fees have been paid,and the required sureties are posted with the City. NOTIFICATIONS: Cerritos Land Partners, L.P. RECOMMENDATION: By motion, a. Adopt a Resolution accepting dedication of public water facilities and the related water easement from Cerritos Land Partners, L.P., a California Corporation; b. Authorize release of the surety bond; and, C. Direct the City Clerk to process recording of the Notice of Completion and easement documents. Respectfully sub Vied: Prepared by, l hn W. Elwell CraigL. Harris sting Public Works Director Assistant Engineer JE/CH:mp Attachments: 1. Location Map 2. Resolution 3. Water Easement 4. Notice of Completion Alk Co ation Map N WE 5 'n Project Location f^\f City Boundary Streets Creeks 0 3000 _ 6000 Feet i I' ATTACHMENT • RESOLUTION NO. 06-10-03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,CALIFORNIA,ACCEPTING PUBLIC WATER FACILITIES, PUBLIC WATER EASEMENTS,RELEASING RELATED SURETIES,AND AUTHORIZING ISSUANCE OF A NOTICE OF COMPLETION FOR PUBLIC WATER FACILITIES(CERRITOS LAND PARTNERS,L.P.)(APN 650-151- 17) WHEREAS, on June 8, 2005, the Water Engineering Manager approved a the water improvement plan with Cerritos Land Partners, L.P., a California Corporation,for the construction of certain public water improvements within the real properties located in APN 650-151-17, San Juan Capistrano; and, WHEREAS,the public water improvements were constructed in compliance with City water standards and specifications; and, WHEREAS,the one-year warranty period has been successfully completed, and the corresponding certificate of deposit may be released; and, WHEREAS,the owners of said real property have, upon request by the City, dedicated the necessary water easements at no cost to the City. NOW, THEREFORE, BE IT RESOLVED, on October 3, 2006, the City Council of the City of San Juan Capistrano, does hereby resolve, determine, and order as follows: SECTION 1. The public water improvements required to be performed by said developer have been completed, and the one-year warranty period has been honored as required. SECTION 2. The completed work is hereby accepted from Cerritos Land Partners, L.P., a California Corporation. SECTION 3. The required water easements are hereby accepted from Cerritos Land Partners, L.P., a California Corporation. SECTION 4. The City Clerk is directed to forthwith-forward a "Water Easement" to the Orange County Recorder's Office for recordation. ATTACHMENT • SECTION 5. The City Clerk is directed to forthwith forward a "Notice of Completion" to the Orange County Recorder's Office for recordation. SECTION 6. The City Clerk is hereby authorized to release the surety bond. PASSED, APPROVED, AND ADOPTED this 3rd day of October 2006 DAVID SWERDLIN, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: EASEMENT DEED CERRITOS LAND PARTNERS, L.P. ATTACHMENT PROJECT NAME OR NUMBER: Cerritos Land Partners, L.P. Documentary Transfer Tax 31601 Avenida Los Cerritos, SJC No Tax Due RECORDING REQUESTED PER SP-263 GOVERNMENT CODE, SEC. 6103 Margaret R. Monahan, City Clerk EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CERRITOS LAND PARTNERS, L.P. ("GRANTOR") does hereby grant to City of San Juan Capistrano, a California municipal corporation ("GRANTEE"), a non-exclusive easement and right-of-way in, over, under, upon, along, through and across the real property, 31601 Avenida Los Cerritos, (Assessors Parcel Number 650-151- 17), situated in the City of San Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" and shown on (sketch) Exhibit "B" attached hereto and by this reference made a part hereof. Such easement and right-of-way shall be for Public Utilities and above or below ground appurtenances. Such easement can be used for Public Utility purposes, including, without limitation, the right to enter upon, pass, re-pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re-grade, and otherwise use Public Utility facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the easement area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the City of San Juan Capistrano: 1. Construct or place any street, alley, roadway or any other improvement or structure within the easement area. 2. Place upon or remove from the easement area any earth or material. W:\ENGkDVLPI.SPIGates—BidgXEasementDeedRev.doc ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 6161U66SS. 1 \ On - 7- 266.6 before me, OUL14A-f N• ©.bIat,SOA) I DATE) ISOTARYI personally appeared LEy _ r0AM.0 SIGNE%SI ❑ personally known tome OR - [ proved to me on the basis of satisfactory elidence to be the person( whose name(V is/ay subscribed to the within instrument and acknowledged to me that he/V/$6 executed the same in his/Ae(/th r authorized capacity(i ), and that by his/hq/th�r signature(ron the instrument the person(r, WILLIAMN.ODE�0 or the entity upon behalf of which the COMM.# 1511343 O NOTARYPUBLIC15DI1;NIA person(V acted, executed the instrument. C0=MM IXP COUNiY O OCT.t.2009 WITNESS my hand and official seal. /� � NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-. edgeinent to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) Z ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSONS)OR ENTrrYuES) OF SIGNER o S APA 5199 VALLEY-SIERRA, 800-362-3369 -+^ - GRANTOR Cerritios Land Partners, L.P. 28546 Paseo Diana San Juan Capistrano, Ca, 92675 , By: XYZ Z. Bradley L. Gat s, CEO W12/1) 1 Date Signed ATTEST: (Attach All-Purpose Acknowledgement) 2 FIRE HYDRANT EASEMENT DESCRIPTION GATES OFFICE BUILDING That portion of Parcel B and the westerly half of Parcel C, as described in that certain Public Access and Utility Easement Vacation Deed, a certified copy of which was recorded December 7, 1995 as Instrument No. 19950547670 Official Records of the County of Orange, State of California, described as follows: Commencing at the northwest corner of said Parcel B; THENCE South 05°18'20" East 143.61 feet along the westerly line of said Parcel B to the True Point of Beginning; THENCE leaving said westerly line North 84°42'00" East 5.28 feet to a point in a non-tangent curve concave northeasterly and having a radius of 45.00 feet, said non-tangent curve also being the easterly line of said Parcel B and the westerly right-of-way line of Avenida Los Cerritos, a radial of said curve to said point bears South 78°23'04" West; THENCE southeasterly along said non-tangent curve and said right-of-way line through a central angle of 06027'32" an arc distance of 5.07 feet; THENCE leaving said non-tangent curve and said right-of-way line South 84042'00" West 6.12 feet to a point in said westerly line of Parcel B; THENCE North 05°18'20" West 5.00 feet to the True Point of Beginning. Contains 28.25 square feet more or less. Subject to covenants, conditions, and restrictions; and rights, rights of way, easements for public utilities, water companies, alley and streets, now of record, if any. Refer to Exhibit "B" attached hereto and made a part hereof. p�, ND SG /r U�Sh NL.C, R9 Leo L006980 '--" # STEVEN L. RAY, It.S. 6980 EXP. 9/30/07 DATE 9-30-07 2)14106 �T9T CIVIL F�\e 232-0101 FOF Cpl-�F� Exhibit A P.O.C. - — --73.25'00" E 200.00'—--—- I I NW'LY LINE INST. N0. / 19980693480, O.R. f IV.W. CORNER I PARCEL 8 h I 19950547670, 0.R. vl 1 = o � Q 1 ?TM MW 1/4. SW 114 SEC, 6 78 S. R7 W. SEM h oI Ali # 650-151-17 z I N' INST, # 2005000259055. O.R' 5, IL25 o j PARCEL B j IlNST % 1 9 950 5 4 76 70, O.R.� r � I I ' T.P.O.B. I I N 78_, 4 E� [R�_ 13 I lz I N 713532" E (R) I t I I \ W'LY 1/2 PARCEL C 19950547670, O.R. I / ! 1 I I I � 1 �– - ---- -- - N73'25'00" E- 165.00'--- -r-- - LINE DA TA LAND ONA BEARING LENGTH '00" E 5.28''00" W 6.12' L006980 20" W 5.00' * 9-30-07 URVE DATA �P CALF R [ SCALE"1 "=30' b 01 06.2732" 45.00' 5.07' U JOB: DATE: .4 232-0101 2/09/06 N sras, _. GATES OFFICE BUILDING DRAWN: 0 6874 BROCKTON RIV RIVERSIDE,CAU92506URE 100 FIRE HYDRANT EASEMENT SR o b (951) 663-6066 FAX (951) 663-6915 Exhibit B CHECKED: a SLR RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano to Cerritos Land Partners, L.P., 28546 Paseo Diana,San Juan Capistrano,CA,92675,for the construction of the public water improvements for 31601 Avenida Los Cerritos, San Juan Capistrano, CA. That said work was completed on September 7, 2005, by said company according to plans and specifications and to the satisfaction of the Water Engineering Manager of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 3rd day of October, 2006, by Resolution No. 06-10-03- That upon said contract, Indemnity Company of California, Bond No. 83WOS was the surety bond given by the said company as required by law. Dated at San Juan Capistrano, California, this day of 2006. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City of San Juan Capistrano, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk of the City of San Juan Capistrano. Dated at San Juan Capistrano this day of 12006. Margaret R. Monahan, City Clerk City of San Juan Capistrano RESOLUTION NO. 06-10-03-0,3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING PUBLIC WATER FACILITIES, PUBLIC WATER EASEMENTS, RELEASING RELATED SURETIES, AND AUTHORIZING ISSUANCE OF A NOTICE OF COMPLETION FOR PUBLIC WATER FACILITIES (CERRITOS LAND PARTNERS, L.P.)(APN 650-151- 17) WHEREAS, on June 8, 2005, the Water Engineering Manager approved a the water improvement plan with Cerritos Land Partners, L.P., a California Corporation, for the construction of certain public water improvements within the real properties located in APN 650-151-17, San Juan Capistrano; and, WHEREAS, the public water improvements were constructed in compliance with City water standards and specifications; and, WHEREAS, the one-year warranty period has been successfully completed, and the corresponding certificate of deposit may be released; and, WHEREAS, the owners of said real property have, upon request by the City, dedicated the necessary water easements at no cost to the City. NOW, THEREFORE, BE IT RESOLVED, on October 3, 2006, the City Council of the City of San Juan Capistrano, does hereby resolve, determine, and order as follows: SECTION 1. The public water improvements required to be performed by said developer have been completed, and the one-year warranty period has been honored as required. SECTION 2. The completed work is hereby accepted from Cerritos Land Partners, L.P., a California Corporation. SECTION 3. The required water easements are hereby accepted from Cerritos Land Partners, L.P., a California Corporation. SECTION 4. The City Clerk is directed to forthwith-forward a "Water Easement" to the Orange County Recorder's Office for recordation. Page 1 of 2 10/03/2006 SECTION 5. The City Clerk is directed to forthwith-forward a "Notice of Completion" to the Orange County Recorder's Office for recordation. SECTION 6. The City Clerk is hereby authorized to release the surety bond. PASSED, APPROVED, AND ADOPTED this 3rd da f Octobe 0 DAVID SWEDLIN, MAYOR ATTEST: M ARET 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.06-10-03-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 3rd day of October 2006, by the following vote: AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato and Mayor Swerdlin NOES: COUN IL MEMBER: None ABSENT: COUN IL MBER: None rARET MONAHAN, City Clerk Page 2 of 2 10/03/2006 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493-1171 SAMALLEVATO (949)493-1053 FAXa 3%" IPtaaPnxxtFA DIANE BATHGATE [RADdfMED 1961 WYATT HART www.sanjziancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m, on October 3, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Acceptance of Public Water Facilites and Related Water Easement (Cerritos Land Partners, L.P.)(APN 650-151-17)(31601 Avenida Los Cerritos)" — Item No. D7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, October 2, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Craig L. Harris, Assistant Engineer. You may contact that staff member at (949) 949-487-4305 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancaaistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(&sanlu ancaaistrano.ora. Meg Monahan, GMC City Clerk cc: Cerritos Land Partners, L.P., Brad Gates; John W. Elwell, Acting Public Works Director; Craig L. Harris, Assistant Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future �)Printed on 100%Recycled Paper 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,OA 92675 i (949)493-1171 SAM ALLEVATO (949)493-1053 FAX 1 In(OAro APTFu DIANE 6ATHGATE fS1Al IIAXfA 1961 WYATTHART www.sunjuancupistruno.org 1776 JOE SOTO • • DAVID M.SWERDLIN October 4, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On October 3, 2006, the City Council of San Juan Capistrano met regarding: "Consideration of Acceptance of Public Water Facilites and Related Water Easement (Cerritos Land Partners, L.P.)(APN 650-151-17)(31601 Avenida Los Cerritos)" Item No. D7. The following action was taken at the meeting: Resoltuion No. 06-10-03-03 adopted accepting dedication of public water facilities and a related water easement from Cerritos Land Partners, L.P., a California Corporation; release of the surety bond authorized; and the City clerk directed to process recording of the Notice of Completion and easement documents. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Craig L. Harris, Assistant Engineer at 949-487-4305 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Cerritos Land Partners, L.P., Brad Gates; John W. Elwell, Acting Public Works Director; Craig L. Harris, Assistant Engineer San Juan Capistrano: Preserving the Past to Enhance the Future ���Printed on 100%Recycled Paper MEMORANDUM TO: Memo to File FROM: Maria Morris, Deputy City Clerk DATE: October 26, 2006 SUBJECT: Cerritos Land Partners, L.P. Relevant files: 670.50 Easement Deed 2006 Cerritos Land Partners, L.P. Avenida Los Cerritos, 31601 600.30 Construction of Water Facilities 2005 Cerritos Land Partners, L.P. Avenida Los Cerritos, 31601 (NO AGREEMENT WAS CREATED FOR THIS FILE, THE WORK WAS DONE BY AN ENCROACHMENT PERMIT, THE PERMIT IS PART OF THE FILE)