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02-1203_GRASSO , ALBERT L._Improvement AgreementCl RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano CityClerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 0 Recorded in official Records, County of Orange Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2003000187396 02:18pm 02120103 115 59 Al2 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Recording Request Per Government Code, Sec. 6103 CONFORMED COPY IMPROVEMENT AGREEMENT Not Compared with Original FOR WATER AND SEWER FACILITIES — THE A. AND L. GRASSO REVOCABLE TRUST (APN 121-090-18 & 22) THIS IMPROVEMENT AGREEMENT is entered into this a day of December, 2002 by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as "District", CITY OF SAN JUAN CAPISTRANO hereinafter referred to as "City", and ALBERT L. GRASSO, herein referred to as "Grantor". WITNESSETH Whereas, Grantor agrees to allow the design and construction of water improvements to complete a connection to Moulton Niguel Water District ( MNWD), that will benefit existing and future customers within the 527W pressure zone, an area known as Peppertree Bend, hereinafter referred to as "Water Improvements"; and, Whereas, Grantor further agrees to allow the design and construction of sewe improvements to complete a connection to the City sewer system, that will benefit the propert known as Parcel Map 93-129, hereinafter referred to as " Sewer Improvements"; and, Whereas, Grantor further agrees to grant easements to City and District for wate and sewer construction and access purposes of extending sewer and water service to propert described in parcel map 93-129. Improvement Agreement Albert L. Grasso Page 2 NOW, THEREFORE, BE IT RESOLVED BETWEEN DISTRICT, CITY, AND GRANTOR AS FOLLOWS: SECTION 1. GRANTOR OBLIGATIONS a. Grantor agrees to grant the following easements over parcels known as Assessor's Parcel No. 121-090-18 and 121-090-22: 1. An fifteen (15) foot easement to the District for the purpose of constructing and accessing for maintenance purposes of a 12 -inch water main and appurtenances; 2. An fifteen (15) foot easement to the City for the purpose of constructing and accessing for maintenance purposes of a 8 -inch sewer main and facilities: b. Grantor further agrees to cooperate with City and District in allowing free access to the subject easement areas. SECTION 2. CITY AND DISTRICT OBLIGATIONS a. District shall pay the Grantor an amount of $23,443.20, based on the fair market value for water and sewer easements along with the ingress/egress rights over a portion of the properties known as Assessor's Parcel No's 121-090-18 and 121-090-22 to allow for the construction of said improvements. b. City and District agree to hold Grantor harmless from any and all claims, liabilities, demands, actions, cost, and expenses arising out of the construction, access to, or maintenance of the improvements provided for in this agreement. SECTION 3. NOTICES a. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be W AENG\DVLP\GRASSO\IMPAGMT.DOC Improvement Agreement • • Albert L. Grasso Page 3 deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: ALBERT L. GRASSO 31645 Peppertree Bend San Juan Capistrano, CA 92675 SECTION 4. AGREEMENT RUNS WITH THE LAND a. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. SECTION 5. ENTIRE AGREEMENT a. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. W:\ENG\DVLP\GRASSO\IMPAGMT. DOC Improvement Agreement • • Albert L. Grasso Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of four pages, on the above date. The A. and L. GRASSO Revocable Trust 31645 Peppertree Bend San Juan Capistrano, CA 92675 By: G��itll�ili Albert L. Grasso, Co-Trustee /3 07,. /Date Signe By: c �Z Aago Lois M. Grasso, Co -Trustee Date Signed (Attach Notary Acknowledgement) 3 0 CAPISTRANO VALLEY WATER DISTRICT B `�►`� Diane Bathgate Chairman Attar► C M g ret R. Monahan, City Clerk & CI of the Board APPROVED AS TO FORM: By: John S aw, City Attorney & District Counsel State of California t County of Orange f ss OnQy /� o2D�� before me w4l,1490 .tg Notary Public, personally appeared 15 �LA�� who proved to me ont the basis f satisfactory evidence to be the Person* whose nam is re subsqrrd2ed to the within instrument an acknowledged to me that the/they executed the same in is her/their authorized capacity(i>>*, and the instrument the person), or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal DONNA L.HOKANSON COMM. #1347930 NOTARY RMC• CALIFORNIA I; Notary Public ORANGE COUNTY fVA MY Comm. EmYes Mer. 23.2M E TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE ARKNOWLEDGMENT State of CALIFOR A County of 0RANa • No. 5907 On j jAP&I L A b"2 -._before me, PH41 IP J HUGHZES. NOTARY i�F3i iG DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared Lo—us _ f�d2ASSa NAME(S) OF SIGNER(S) ❑ personally known to me - OR - droved to me on the basis of satisfactory evidence to be the personj6) whose name($) is/are subscribed to the within instrument and ac- knowledged to me that -he/she/" executed the same in 4+6/her/Ui@4 authorized PHILIP J. HUGHES capacity(46), and that by hiefher/t*err COMM.#1333847 a signature($) on the instrument the person(4), Q Notary Public California W a ORANGECOUNTY or the entity upon behalf of which the • MyComm.Expiras12128105 person(A) acted, executed the instrument. SS my hand and official seal. U S NATURE OF NOT RY 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 0 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 December 3, 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 WITNESS my hand and official seal. R. Monahan, Clerk of the Board OPTIONAL Description of Attached Document Chairman Improvement agreement for Water and Sewer facilities (A & L. Grasso Revocable Turst Title Title or Type of Document Signers are Representing Capistrano Valley Water District flus acknowledgements Number of Pages December 3, 2002 Date of Document Albert L. Grasso, Lois M. Grasso, John Gelff Signer(s) Other Than Named Above 0 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 December 3, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared John S. Gelf£ personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) Capacity Claimed by Signers WITNESS my hand and official seal. City Clerk OPTIONAL Description of Attached Document Mayor Improvement agreement for water and sewer facilities (A. & L. Grasso Revocable Trust Title Title or Type of Document Signers are Representing City of San Juan Capistrano 4 plus ackknowledgements Number of Pages December 3, 2002 Date of Document Albert Grasso, Lois Grasso, Diane Bathgate Signer(s) Other Than Named Above 0 0 RESOLUTION NO. 02-12-03-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING PUBLIC SEWER EASEMENTS FROM THE WILLIAM E. REISING AND BONNIE H. REISING TRUST (APN 649-342-01) AND THE A. AND L. GRASSO REVOCABLE TRUST (APN 121-090-18 & 22) WHEREAS, The City of San Juan Capistrano (City) has been negotiating with the owners of said real properties to construct public sewer facilities; and, WHEREAS, in conjunction with the construction of the public sewer facilities, City must obtain the right to construct and the dedication of the required easements from said real properties; and, WHEREAS, the owners of said real properties have, upon request by the City, agreed to the conditions of the Improvement and Reimbursement Agreement, agreed to the conditions of the Improvement Agreement, and granted the necessary easements to City; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby: SECTION 1.: The required easement from the William E. Reising and Bonnie H. Reising Trust is hereby accepted. SECTION 2.: The required easement from the A. and L. Grasso Revocable Trust is hereby accepted. SECTION 3.: The City Clerk is hereby authorized to forward the easements to the Orange County Recorder's Office for recordation. PASSED, APPROVED, AND ADOPTED this 3rd div of December 2002. ATTEST: 1 12-03-02 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. 02-12-03-06 was duly adopted by the City Council of the Cityof San Juan Capistrano at a regular meeting thereof, held the 3rd day of December 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL Hart, Bathgate, Soto, and Mayor Gelff Swerdlin None for the cost of Professional Project Management services needed to ensure and enforce ECO's compliance with the Service Agreement and to coordinate the District's performance of its obligations. Staff recommends approving a Personal Services Agreement with Malcolm Pirnie for continued Project Management Services. Written Communication: Report dated December3, 2002, byAmyAmirani, Director of Public Works. Presentation: Amy Amirani, Director of Public Works, reviewed the staff recommendation. Council Comment: Council Member Swerdin was opposed to the agreement, expressing concern that with the risks associated with the project. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto and carried, 4-1, to approve the Personal Services Agreement with Malcolm Pirnie, Inc. for Project Management Services for the Ground Water Recovery Project in the amount of $499, 913; and, Mayor authorized to execute the agreement on behalf of the City. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Bathgate, Mayor pro tem Soto and Mayor Gelff NOES: COUNCIL MEMBERS: Swerdlin �d. SEWER SERVICE AGREEMENT APPROVED BETWEEN THE CITY AND MOULTON NIGUEL WATER DISTRICT; IMPROVEMENTAND REIMBURSEMENT AGREEMENT APPROVED FOR WATER AND SEWER FACILITIES WITH WILLIAM E. REISING AND BONNIE H. REISING TRUST; IMPROVEMENT AGREEMENT APPROVED FOR WATER AND SEWER FACILITIES WITH THE A. AND L. GRASSO REVOCABLE TRUST; MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT; RESOLUTION NO. 02-12-03-06 ADOPTED ACCEPTING A SEWER EASEMENT FROM THE WILLIAM E. REISING AND BONNIE H. REISING TRUST (TENTATIVE PARCEL MAP 93-129) (APN 121-100-63, -66 AND -78 THROUGH -80) (60Q.30/600.50/670.50J(o0d . (p0 I Project Description: This is a companion agenda item to an agenda item presented at the December 3, 2002, meeting of the Capistrano Valley Water District (CVW D). The CVWD has been implementing Capital Improvement Projects based on the priorities listed in the Domestic Water Master Plan. The Peppertree Bend water City Council Minutes 10 12-3-02 0 0 system only has one source of supply to service 98 homes via a hydro -pneumatic pump station, which has proven to be extremely difficult to operate. A connection from the Moulton Niguel Water District (MNW D) to CVW D will enable the CVW D to have another source of water to the Peppertree Bend water system. To accomplish this staff recommends approval of (1) an agreement between MNWD and CVWD to provide sewer service to four lots within the property know as TPM 93-129; (2) an Improvement and Reimbursement Agreement with Mr. Reising to allow construction cost reimbursement for the construction of an 8 -inch sewer pipeline and other related improvements; (3) acceptance of dedication of an easement from Mr. Reising to allow the sewer service to be constructed through his property; (4) an Improvement Agreement with Mr. Grasso for a dedicated easement; and, (5) Acceptance of Dedication of an easement to allow the sewer service to be constructed through Mr. Grasso's property. Written Communication: Report dated December 3, 2002, byAmyAmirani, Director of Public Works. Council Action: Moved by Council member Hart, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to approve (1) Sewer Agreement between the City and Moulton Niguel Water District for sewer facilities located at Tentative Parcel Map 93-129 with City Manager authorized to make minor changes to agreement; and the Mayor authorized to execute the agreement; (2) Improvement and Reimbursement Agrrement for water and sewer facilities approved with William E. Reising and Bonnie H. Reising Trust, and Mayor authorized to execute the agreement; (3) Improvement Agreement approved forwaterand sewerfacilities with the A. and L. Grasso Revocable Trust, and the Mlayor authorized to execute the agreement; and, (4) Resolution No. 02-12-03-06 adopted entitled "A RESOLTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ACCEPTING PUBLIC SEWER EASEMENTS FROM THE WILLIAM E. REISING AND BONNIE H. REISING TRUST (APN 649-342-01) AND THE A. AND L. GRASSO REVOCABLE TRUST (APN 121-090-18 & -22);"AND, THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE DOCUMENTS. ORDINANCES: None COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES: None COUNCIL COMMENTS: Council Member Bathgate announced the Annual Tree Lighting ceremony would take place at 5:00 p.m. on Saturday, December 7, 2002. Mayor pro tem Soto wished everyone a happy Holiday. City Council Minutes 11 12-3-02 12/3/2002 AGENDA ITEM ' 2d TO: George Scarborough, City Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of an Agreement for Sewer Facilities with Moulton Niguel Water District, Improvement and Reimbursement Agreement, and Acceptance of Easements for Construction of Sewer Facilities (Reising and Grasso Properties) (TPM 93-129) By motion, 1. Authorize the Mayor to execute the Sewer Service Agreement between the City of San Juan Capistrano and the Moulton Niguel Water District for Sewer Facilities Located in TPM 93-129; 2. Authorize the Mayor to execute the Improvement and Reimbursement Agreement for Water and Sewer Facilities with the William E. Reising and Bonnie H. Reising Trust; 3. Authorize the Mayor to execute the Improvement Agreement for Water and Sewer Facilities with the A. and L. Grasso Revocable Trust, and ,✓ 4. Adopt a resolution accepting a sewer easement from the William E. Reising and Bonnie H. Reising Trust, and an easement from the A. and L. Grasso Revocable Trust, and direct the Clerk of the Board to process the recording of the documents. SITUATION: A. Summary and Recommendation This is the sewer companion item to the item presented to the Capistrano Valley Water District (CVWD) Board at tonight's meeting (December 3, 2002). CVWD has been implementing the Capital Improvement Projects based on the priorities listed in the Agenda Item Is • December 3, 2002 Domestic Water Master Plan. The Master Plan, realizing the importance of providing two sources of water to each zone and to reduce electricity costs, recommended the connection to the Moulton Niguel Water District (MNWD) water system as a high priority project. The Peppertree Bend water system has only source of supply to serve 98 homes (Attachment 7), via the Bear Brand hydro -pneumatic pump station, which has proven to be extremely difficult and expensive to operate and maintain. A connection from the MNWD to the CVWD water system will enable the CVWD system to have two sources of water supply to the Peppertree Bend water service area. This interconnection will benefit existing and future CVWD customers within the Peppertree Bend area by providing a primary gravity feed to the area and assigning the pumped operations to a backup position. Thus, providing gravity fed water at a substantively lower cost than the pumped water. In order to achieve this goal and to construct the interconnection, the following items need to be completed: 1) An agreement between MNWD and CVWD to provide sewer service to four lots within the property located outside the City boundaries, known as TPM 93-129. 2) An Improvement and Reimbursement Agreement with Mr. Reising to allow for the construction cost reimbursement of $49,313.28 for the construction of an 8 -inch sewer pipeline and other related improvements. 3) Acceptance of dedication of an easement from Mr. Reising to allow the sewer service to be constructed through Mr. Reising's property. 4) An Improvement Agreement with Mr. Grasso for the above dedicated easement. 5) Acceptance of dedication of an easement to allow the sewer service to be constructed through Mr. Grasso's property. Sewer Service Agreement between the City of San Juan Capistrano and MNWD In consideration of MNWD providing a water connection to the CVWD system, MNWD has requested a complementary Sewer Service Agreement (Attachment 1) between the City of San Juan Capistrano (City) and MNWD for the City to provide sewer services to four lots located in the MNWD jurisdiction, described as TPM 93-129 and depicted in Attachment 1. Staff recommends signing this agreement in the interest of gaining a more stable and reliable water supply to the Peppertree Bend area. Reising and Grasso agreements and dedication of sewer easements In addition to the Sewer Service Agreement with MNWD as stated above, the sewer pipeline traverses through the private properties of Mr. Reising and Mr. Grasso. In order to provide sewer services to the property known as Tentative Parcel Map 93-129, located north and west of the Reising and Grasso properties, a sewer line must be constructed and P:\public works\pwsbared%genda\021203Umprove&reimburseweragn.do Agenda Item • December 3, 2002 Page 3 sewer easements through the properties of Reising and Grasso must be obtained. To allow the construction of the sewer pipeline through the properties, the following was negotiated: Reising Property: The lmprovementandReimbursement Agreement for the construction cost of $49,313.28 for the 8 -inch sewer line and other improvements (Attachment 2), and an easement through the Reising property (Attachment 3). Grasso Property: The Improvement Agreement providing the required easements for construction of sewer pipeline through Mr. Grasso's property (Attachment 4), and an easement through the Grasso property (Attachment 5). Reising and Grasso have agreed to the conditions of the agreements and have executed the appropriate agreement and easement documents. Staff, therefore, recommends the approval of the Agreements for Water and Sewer Facilities, and adopt the Resolution (Attachment 6) accepting the sewer easements from these property owners. COMMISSION/BOARD REVIEW, RECOMMENDATIONS: The Environmental Administrator, Planning Commission, Water Advisory Commission, and the Capistrano Valley Water District Board have previously reviewed and approved the High West Side Pipeline project, which is conceptually included in this water main segment. FINANCIAL CONSIDERATIONS: All applicable development fees have been paid and the required sureties posted with the District and the City. The District will reimburse Reising an amount not to exceed $49,313.28 for the cost of an 8 -inch sewer main pipeline and related improvements. CIP #790 has $50,000 in its budget to pay for these improvements. The payment of $23,443.20 to Mr. Grasso listed in the Improvement Agreement is covered in the financial considerations for the companion water services agreement, and it will only be paid once. The lots in TPM 93-129 will be billed by the City of San Juan Capistrano for sewer service in the same fashion as its other water / sewer accounts. P:\public works\pwsnared\agenda\021203\improve&reimbursewemgn.do Agenda Item . Paae 4 NOTIFICATION: Moulton Niguel Water District William E. Reising Albert L. Grasso Toal Engineering, Inc. ALTERNATE ACTIONS: December 3, 2002 1. Authorize the Mayor to execute the Sewer Service Agreement between the City of San Juan Capistrano and the Moulton Niguel Water District for Sewer Facilities Located in TPM 93-129; 2. Authorize the Mayor to execute the Improvement and Reimbursement Agreement for Water and Sewer Facilities with the William E. Reising and Bonnie H. Reising Trust; 3. Authorize the Mayor to execute the Improvement Agreement for Water and Sewer Facilities with the A. and L. Grasso Revocable Trust, and 4. Adopt a resolution accepting a sewer easement from the William E. Reising and Bonnie H. Reising Trust, and an easement from the A. and L. Grasso Revocable Trust, and direct the Clerk of the Board to process the recording of the documents. 5. Refer to staff for additional information. RECOMMENDATION By motion, Authorize the Mayor to execute the Sewer Service Agreement between the City of San Juan Capistrano and the Moulton Niguel Water District for Sewer Facilities Located in TPM 93-129; 2. Authorize the Mayor to execute the Improvement and Reimbursement Agreement for Water and Sewer Facilities with the William E. Reising and Bonnie H. Reising Trust; 3. Authorize the Mayor to execute the Improvement Agreement for Water and Sewer Facilities with the A. and L. Grasso Revocable Trust, and Pipublic worksXpwshared\agenda%021203Vmpmve&eimbursewemgn.do Agenda Item December 3, 2002 Page 5 4. Adopt a resolution accepting a sewer easement from the William E. Reising and Bonnie H. Reising Trust, and an easement from the A. and L. Grasso Revocable Trust, and direct the Clerk of the Board to process the recording of the documents. Respectfully Submitted, Amy Amirani Public Works Director Prepared by, Craig Harris Assistant Engineer Attachments: 1. Sewer Service Agreement - MNWD 2. Improvement and Reimbursement Agreement for Water and Sewer Facilities - The William E. Reising and Bonnie H. Reising Trust. 3. Sewer Easement Document — Reising 4. Improvement Agreement for Water and Sewer Facilities — The A. and L. Grasso Revocable Trust 5. Sewer Easement Document — Grasso 6. Resolution to Accept Easements 7. Location Map Plpublic works\pwshared\agendaN021203Vmprove&mimbursmeFagn.do 0 0 RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Project: Sewer Service Agreement City of San Juan Capistrano -Moulton -Niguel Water District Property Address: Vacant -no address assigned Assessor's Parcels: 121-100-63, 77, 78, 79, 80 and a portion of 66 Mailing Address: For Assessor's Parcels 121-100-63 and 78: c/o O'Hill Co., One Upper Newport Plaza, Newport Beach, CA 92660 For Assessor's Parcels 121-100-77 and 79: clo Bear Brand Ranch Co., One Upper Newport Plaza, Newport Beach, CA 92660 For Assessor's Parcel 121-100-80: c/o 93-129 Ltd., One Upper Newport Plaza, Newport Beach, CA 92660 For Assessor's Parcel 121-100-66: c/o John C. Davis Co., 14070 Eagle View Rd., Perris, CA 92570 SEWER SERVICE AGREEMENT BETWEEN MOULTON NIGUEL WATER DISTRICT AND THE CITY OF SAN JUAN CAPISTRANO REGARDING FOUR PARCELS OF AN UNRECORDED, APPROVED TENTATIVE PARCEL MAP, 93-129, THE LEGAL DESCRIPTION WHICH IS: IN THE CITY OF LAGUNA NIGUEL, BEING A SUBDIVISION OF PARCEL 1 OF LOT LINE ADJUSTMENT 87-88, RECORDED AS INSTRUMENT NO. 88-067540 OF OFFICIAL RECORDS, AND ALL OF LOT "E" OF TRACT 12769 AS FILED IN BOOK 594, PAGES 17-20 OF MISCELLANEOUS MAPS OF THE COUNTY OF ORANGE THIS AGREEMENT is made and entered into this day of 2002, by and between the MOULTON NIGUEL WATER DISTRICT, hereinafter referred to as "MNWD", A California Water District formed under and pursuant to Division 13, Section 3400 et seq. of the Water Code of the State of California and the CITY OF SAN JUAN CAPISTRANO, A Municipal Corporation of the State of California, hereinafter referred to as "CITY°. ATTACHMENT 0 0 RECITALS A. The real property described as Assessor's Parcel Nos. 121-100-63, 77, 78, 79, 80 and a portion of 66, as shown on Exhibit "A", attached hereto and made a part hereof; said property being Parcels 1-4 of an unrecorded Tentative Parcel Map 93- 129 hereinafter referred to as the "PROPERTY",will be developed for residential purposes. Said PROPERTY is within the City of Laguna Niguel. B. Said property is designated for four (4) single family dwelling units. This agreement shall be limited to four (4) sewer connections. Any greater service needs must be addressed in an amendment to this agreement. C. As the CITY has a sewer facility adjacent to the PROPERTY, and as said facility can be accessed via a gravity flow system, rather than the pump system required to access the MNWD system, the OWNER has requested the CITY provide sewer service. D. Upon plan submittal, sewer plans must be reviewed and approved by the City Engineer of the CITY. E. Said sewer main lines shall be constructed within 20' wide easements dedicated to the CITY via the Final Parcel Map 93-129 or by a separate easement document approved and accepted by the CITY. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto agree as follows: MNWD agrees to permit CITY to provide sewer service to the PROPERTY, and CITY agrees to provide sewer service to PROPERTY. Pursuant to providing sewer service to the PROPERTY, CITY is entitled to and shall collect all applicable sewer connection fees and user fees, and any other capital or regular service charges with respect to owner's proposed use of his property. MNWD shall have no responsibility, obligation, or rights with respect to imposition or collection of fees or charges for sewer service to the PROPERTY. The portion of the property within MNWD'S boundaries shall continue to be subject to, and liable for, any and all taxes, assessments, or charges imposed by MNWD and collected on the County of Orange property tax bill. Additionally, that portion of the County ad valorem taxes, if any, remitted annually to MNWD with respect to the Property by the County shall continue to be received by MNWD. 4. CITY agrees to indemnify and hold harmless MNWD and its directors, officers, employees, and agents from any and all claims, costs, liabilities or damages incurred by MNWD arising out of or resulting from, or in connection with, the provision of sewer service to the PROPERTY by CITY, including but not limited to any penalties 2 0 or fines imposed by a regulatory agency and/or court. In the event any claim or legal action is asserted against MNWD as a result of, or any regulatory proceeding is conducted relative to, CITY'S sewer service to the PROPERTY, CITY agrees that it shall defend the interest of MNWD and shall be solely responsible forthe payment of any fines, penalties, satisfaction or judgement, either by decree, settlement or court ordered judgment, including but not limited to any penalties or fines imposed by a regulatory agency and/or court, or any regulatory proceeding. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first herein above written. ATTEST: MARGARET R. MONAHAN, CITY CLERK APPROVED AS TO FORM: Q -Z7 JOHNS A , CITY ATTORNEY 193 CITY OF SAN JUAN CAPISTRANO DIANE BATHGATE, MAYOR MOULTON NIGUEL WATER DISTRICT LARRY LIZOTTE, PRESIDENT LESLIE GRAY, SECRETARY APPROVED AS TO FORM: PATRICIA B. GIANNONE, GENERAL COUNSEL m 120 a) e> • .: � _....ate.. 3 NOM — -ASSESSOR'S BLOCK B 39 EL NUMBERS l8f-z4 ,. M-2 4 SOWN IRI CIRCLES -c3, 242- W = 649-71 q ti M0) A CEN. SEC. t/- B- B 3 EXHIBIT "A" 0 F �1 (—. Ir;TPM 93-129 soo m ASSESSOR'S '*VAP SOOK121 PAGE 10 COUNTY OF ORANGE!g: 11 ^ I r�•f '.V t : " s73-57 673 PAA s73 -6D P M /46-46 1 PAR P �7t?) 26306AC, a l 673-61 • .: � _....ate.. 3 NOM — -ASSESSOR'S BLOCK B 39 EL NUMBERS l8f-z4 ,. M-2 4 SOWN IRI CIRCLES -c3, 242- W = 649-71 q ti M0) A CEN. SEC. t/- B- B 3 EXHIBIT "A" 0 F �1 (—. Ir;TPM 93-129 soo m ASSESSOR'S '*VAP SOOK121 PAGE 10 COUNTY OF ORANGE!g: RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER AND SEWER FACILITIES - THE WILLIAM E. REISING AND BONNIE H. REISING TRUST (APN 649-342-011 THIS AGREEMENT is entered into this 3`d day of December, 2002 by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as "District", CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City', and THE WILLIAM E. REISING AND BONNIE H. REISING TRUST, herein referred to as "Developer". WITNESSETH Whereas, Developer agrees to construct, at a reimbursable estimated amount, the water facilities to complete a connection between the District and Moulton Niguel Water District (MNWD), that will benefit existing and future customers within the 527W pressure zone, an area known as Peppertree Bend, hereinafter referred to as "Water Improvements"; and, Whereas, Developer agrees to design and construct, at a reimbursable estimated amount, the sewer facilities and will allow the City and MNWD enter into an "Sewer Service Agreement" that would facilitate the construction of an 8 -inch sewer main, hereinafter referred to as "Sewer Improvements"; and, ATTACHMENT Improvement and Reimbursement Agreement The William E. Reising and Bonnie H. Reising Trust Whereas, because the aforementioned water improvements benefit existing and future customers within the 527W pressure zone, Peppertree Bend, and sewer improvements that benefit the property known as Parcel Map 93-129, the Developer is therefore entitled to reimbursement for the cost of improvement; and, Whereas, Developer desires to enter into this agreement to provide means for allowing the construction of the water and sewer improvements as well as a mechanism for reimbursing the Developer for the costs incurred in constructing such improvements. NOW, THEREFORE, BE IT RESOLVED BETWEEN DISTRICT, CITY, AND DEVELOPER AS FOLLOWS: SECTION 1. DEVELOPER OBLIGATIONS a. Developer agrees to construct a 12 -inch water main pipeline and appurtenances shown and delineated upon the improvement plans entitled 'Public Sewer and Water Extension Plan at Lot 10, Tract 10593 Peppertree Bend". b. Developer agrees to construct a 8 -inch sewer main and facilities as shown on the improvement plans entitled "Public Sewer and Water Plan at Lot 10, Tract 10593 Peppertree Bend" and will allow the City and MNWD enter into an "Sewer Service Agreement' that will facilitate the connection to the City sewer system for Parcel Map 93-129. C. Developer shall provide a surety bond to secure the faithful performance of this Agreement in the amount of 110% of the total cost of the improvements as described in sub -section (a) above. 2 W:\ENG\DVLP\SP\REISING\REIMBURS3.DOc Improvement and Reimbursement Agreement The William E. Reising and Bonnie H. Reising Trust d. Developer shall provide a surety bond to secure the faithful performance of this Agreement in the amount of 100% of the total cost of the improvements as described in sub -section (b) above. e. Developer shall comply with District/City bidding policies that require a minimum of three (3) bids be obtained from properly licensed contractors to insure reasonable construction cost for said water and sewer improvements and District/City shall be made aware and concur with said bidding results. SECTION 2. DISTRICT OBLIGATIONS a. In accordance with the cost calculation described in (Exhibit "A"), the District agrees to reimburse the Developer an estimated amount, not to exceed $148,922.21, for the cost to construct a 12 -inch water main pipeline and appurtenances, roadway, and grading improvements shown and delineated upon the improvement plans entitled `Public Sewer and Water Plan at Lot 10, Tract 10593 Peppertree Bend". b. District shall include constructed public water facilities in their normal maintenance program. C. District requires that the water and sewer improvements be constructed conjointly with the development of Lot 10, Tract 10593 improvements. d. District shall be responsible for the construction of the private driveway that serves as a common access to the properties known as 31645 and 31661 Peppertree Bend and repair of said private driveway if it becomes damaged due to the failure and/or maintenance requirements of the water improvements. 3 W .\ENG\DV LP\SP\REI SING\REIMBURS3.DOC Improvement and Reimbursement Agreement The William E. Reising and Bonnie H. Reising Trust SECTION 3. CITY OBLIGATIONS a. In accordance with the cost calculation describe in (Exhibit "A"), the City agrees to reimburse the Developer an estimated amount, not to exceed $49,313.28, for the design and construction of an 8 -inch sewer main and facilities as shown on the improvement plans entitled "Public Sewer and Water Plan at Lot 10, Tract 10593 Peppertree Bend" and may enter into an "Sewer Service Agreement' with MNWD that will facilitate the connection to the City sewer system for Parcel Map 93-129, of which the sewer improvements shall be paid for by the District/City with the understanding that the developer of the property known as PM 93-129 shall be responsible to construct the 12 -inch water main pipeline and 8 -inch sewer main within the boundaries of PM 93-129 and connect said improvements to the water and sewer improvements associated with this agreement. b. City shall be responsible for the maintenance and repair of the private driveway that serves as a common access to the properties know 31645 and 31661 Peppertree Bend if said private driveway becomes damaged due to the failure and/or maintenance requirements of the sewer improvements. SECTION 4. CONSTRUCTION AND COMPLETION a. Developer shall, at a reimbursable amount, construct and install within twenty-four (24) months from the effective date of this Agreement, all of the water and sewer facilities shown and delineated upon the improvement plans entitled 'Public Sewer and Water Plan at Lot 10, Tract 10593 Peppertree Bend Interconnect' as approved by the District Engineer of the Capistrano Valley Water District and the City Engineer of the 4 W:\ENGNDVLP\SP\REISING\REIMBURS3.DOC 0 0 Improvement and Reimbursement Agreement The William E. Raising and Bonnie H. Reising Trust City of San Juan Capistrano and on file with said City and by reference made a part of this Agreement as though fully set forth herein. b. Developer shall construct said water and sewer facilities in accordance with the approved plans, District's standard plans and specifications, City's standard plans and specifications, and under City's inspection, and shall indemnify and hold harmless all officers, employees and agents of the City and District from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, and caused in whole or in part by any negligent act or omission of Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. C. If Developer has not completed the work within twenty-four (24) months from the effective date of this Agreement, District/City has the right but not the obligation, to call the security for faithful performance and complete the work. Any work performed after said twenty-four (24) months, whether by Developer, District, City, or others, shall be in accordance with District's standard plans and specifications and City's standard plans and specifications in effect as of the time the work is performed. d. The security shall remain in effect for a minimum of 365 consecutive calendar days after all the water facilities have been completed and accepted by District, and shall continue in effect until exonerated in writing by District. It shall be incumbent upon the developer to renew the security prior to its expiration. 5 W:\ENG\DVLP\SP\REISING\REIMBURS3.DOC 0 Improvement and Reimbursement Agreement The William E. Reising and Bonnie H. Reising Trust SECTION 5. USE OF WATER a. Developer hereby expressly agrees that no water shall be used by Developer, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by District. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and District hereby states its intent to strictly enforce said Penal Code Section. b. In addition to any criminal penalties, and not as a substitute therefore, District will charge Developer, and Developer agrees to promptly pay District, $500.00 per day for unmetered use of District's water by Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. C. Temporary construction meters shall be provided to Developer by District at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited. d. Developer shall notify District as soon as it is reasonably practical to install any permanent meter, and District shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the District may install any meter when District determines it is desirable to do so. SECTION 6. GUARANTEE a. Developer hereby guarantees the materials and the workmanship of the water facilities for a period ending 365 consecutive calendar days after the acceptance of said water facilities by District, and hereby agrees to reimburse District for all costs 6 W :\ENG\DVIP\SP\REISING\REIMBURS3.DOC Improvement and Reimbursement Agreement The William E. Reising and Bonnie H. Reising Trust associated with the accomplishment of necessary repairs, not to include normal preventative maintenance, to said water facilities which may have been made by District within the aforesaid guarantee period. SECTION 7. GENERAL a. Developer hereby offers to dedicate to District/City the water and sewer facilities together with necessary easements. b. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, District/City agrees to accept the water and sewer facilities, whereupon said water and sewer facilities shall become property of District/City with obligation to repair and maintain same. C. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. d. Should either party be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attorneys' fees. SECTION S. INSURANCE AND INDEMNIFICATION During the construction period and for the purpose of construction Developer, Contractor, and/or Subcontractor shall maintain in full force and effect the following insurance: a. Comprehensive General Liability W:\ENG\DVLP\SFI\REISING\REIMBUFtS3.DOC Improvement and Reimbursement Agreement The William E. Reising and Bonnie H. Raising Trust Comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contractual period $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. b. Comprehensive Automobile Liability Comprehensive automobile liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contractual period • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. C. Worker's Compensation During the construction period, if Developer, Contractor, and/or Subcontractor employs employees to perform services under this Agreement, Developer or Contractor shall obtain and maintain, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. s W :\ENG\DV LP\$P\R EIS ING\RE IMBU RS3. DOC Improvement and Reimbursementoeement • The William E. Reising and Bonnie H. Reising Trust These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the City/District. Developer shall provide an endorsement to City/District establishing that City/District has been legally added as an additional insured to the insurance policies required under this Agreement. Developer shall indemnify and hold City/District harmless from any and all claims, demands, actions, attorney's fees, costs, and expenses based upon or arising out of errors, omissions, or negligent acts of Developer, its associates, employees, subcontractors, or other agents while performing services under this Agreement. In the event an action is commenced by a party to this Agreement against any other party or parties hereto to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees. SECTION 9. NOTICES a. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: WILLIAM E. REISING 32222-A Camino Capistrano San Juan Capistrano, CA 92675 1:9 W AENG\DVLP\SP\REISING\REIMBURS3.DOC Improvement and Reimbursemenooreement • The William E. Reising and Bonnie H. Raising Trust SECTION 10. AGREEMENT RUNS WITH THE LAND a. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. SECTION 11. ENTIRE AGREEMENT a. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. SECTION 12. INDEPENDENT AGENT a. At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the City/District. City/District shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however, City/District shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. SECTION 13. INDEMNITY a. Developer shall be responsible for all injuries to persons and for damages to real or personal property of the City/District, caused by or resulting from any activity or operation of Developer, its employees or its agents during the progress of or connected with the rendition of services hereunder. Developer shall defend and hold harmless and indemnify all officers, employees and agents of City/District from all costs and claims for damages to to W:\ENG\DVLP\SP\REISING\REIMBURS3.DOC .Improvement and ReimbursementQeement The William E. Reising and Bonnie H. Reising Trust real or personal property or personal injury to any third party resulting from the activity of itself, employees or its agents. SECTION 14. DEVELOPER NOT AN AGENT a. Except as City/District may specify in writing, Developer shall have no authority, express or implied, to act on behalf of the City/District in any capacity as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind City/District to any obligation. SECTION 15. ATTORNEYS FEES a. If a judicial action is required to resolve a dispute arising under this agreement or to otherwise enforce any provision of this agreement, then the prevailing party shall be entitled to reimbursement for the reasonable attorney's fees and costs from the other party. tt W \ENG%DVLPGSP\REISING\REIMBURS3.DOC Improvement and Reimbursemereement The'William E. Raising and Bonnie Reising Trust • IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of thirteen pages, on the above date. THE WILLIAM E. REISING AND BONNIE H. REISING TRUST 32222-A Camino Capistrano San Juan Capistrano, CA 92675 B� William E. Reisi Date: ---0 Z By. Bonnie H. Reising Date: � l & — (Attach Notary Acknowledgement) 12 W:\ENG\DVLP\SP\REISING\REIMBURS3.DOC CITY OF SAN JUAN CAPISTRANO an Diane Bathgate, Mayor CAPISTRANO VALLEY WATER DISTRICT 0 Attest: Diane Bathgate, Chairman Margaret R. Monahan, City Clerk & Clerk of the Board APPROVED AS TO FORM: By: John S a , City Attorney & District Counsel before me, 9 / Date&'rName and Tte o10wr,�g., � e D —A�otary Public) appeared ri/A/fp Nam ) l0ner(e /personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isKre subscribed to the within instrument and acknowledged to me that befshra/they executed the same in hisffTer/their authorized capacity(ies), and that by Meftr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of AttAehed Document �yyK,o�� .�`,c�c L Ct,40.L Title or Type of Document: Lel- PJG �jbf�j S4,44 LRac Document Date: Zna y z =4 Number of Pages: /.-3 Signer(s) Other Than Named Above: Capacity(ies)/Claimed by Signer(s) Signer's Name: ,2 ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ General ❑ attorney -in -Fact 2Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRIM OF SIGNFRLN Signer's Name:awL[v, A ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ gorney-in-Fact rustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 01995 National Notary Assoclatlon • 8216 Rammet Ave., P.O. Box 71 M • Canoga Palk, CA 91309-7194 Prod No. 5907 Reorder. Call To6Free 1.806876-6827 Impfovement and Reimburseme*greement • The William E. Reising and Bonnie H. Reising Trust EXHIBIT "A" PUBLIC IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT SUMMARY OF REIMBURSABLE COST WATER IMPROVEMENTS ESTIMATED AMOUNT Const. 12" x 8"' Cut -in -tee Connection $4,100.00 Furnish & Inst. 12" Resilient Wedge Gate Valve 2,700.00 Furnish & Inst. 12" CML&C Water Main 44,840.00 Furnish & inst. Res. Fire Hydrant, Water Service & Air/Vac 4,700.00 12" 90 degree & Const. Thrust Blocks 250.00 R&R Asphalt in kind on Peppertree Bend 2,700.00 Sand Bedding 2,212.50 Water Imp. Subtotal $61,502.50 ROADWAY IMPROVEMENTS 2,913.50 Remove & Replace Asphalt Pavement $28,080.00 Furnish & Inst. 24" Wide Rolled Curb 11,128.75 Roadway Imp. Subtotal $39.208.75 GRADING IMPROVEMENTS Excavate, keyway, and re -build sloe $28,500.00 Grading Imp. Subtotal $28,500.00 Total $129,211.25 10% Overhead / Profit and 3% bond $16,797.46 Rain Related Delay Cost 2,913.50 TOTAL DISTRICT REIMBURSEMEN $148,922.21 SEWER IMPROVEMENTS ESTIMATED AMOUNT Connection to Existing Manhole 950.00 Construct Manhole 8,550.00 Furnish & Inst. 8" SDR 26 Sewer Main & Sewer Lateral 27,365.25 8" Cleanout 310.00 R&R Asphalt (in kind) on Peppertree Bend 1,800.00 Rock Bedding 2,086.5 Sewer Imp. Subtotal $41,061.75 10% Overhead / Profit and 3% Bond 5,338.03 Rain Related Delay Cost 2,913.50 TOTAL DISTRICT/CITY REIMBURSEMENT $49,313.28 TOTAL REIMBURSEMENT AMOUNT[ --$198,235.49 13 W:\ENG\DVLRSP\REISING\REIMBURS3.DOC EXHIBIT "A" 0 RECORDED AT THE REQUEST OF AND RETURN TO: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Clerk PROJECT NAME OR NUMBER: High West Side Pipeline — CIP #790 Reising Property (APN 649-342-01) 31661 Peppertree Bend San Juan Capistrano, CA 92675 0 (Space above this line for Recorders Use) Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 Margaret R. Monahan, City Clerk EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The William E. Raising and Bonnie H. Reising Trust ("GRANTOR") does hereby grant to City of San Juan Capistrano, a municipal corporation ("GRANTEE"), a non- exclusive easement and right-of-way in, over, under, upon, along, through and across the real property, 31661 Peppertree Bend, (Lot 10 of Tract 10593, as per map recorded in Book 466, Pages 19 through 24), 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 sewer transmission 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 sewer pipelines and 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 written consent of the City of San Juan Capistrano: ATTACHMENT Construct or place any0et, alley, roadway or any other improent or structure within the easement area. 2. Place upon or remove from the easement area any earth or material. GRANTOR The William E. Raising and Bonnie H. Raising Trust 31661 Peppertree Bend San Juan Capistrano, CA 92675 William E. Reising, ustee Date Signed By: Bonnie H. Reising, -Tru ee I-1 g -o-) Date Signed Notarized Signatures ATTEST: (Attach All -Purpose Acknowledgement) 2 of 2 W:\ENG\DV LP\SP\GRASSO\ESMNTt.DOC EXHIBIT "A" PUBLIC UTILITY EASEMENT In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 10, Tract 10593, as per map recorded in Book 466 Pages 19 through 24, Miscellaneous Maps, records of Said Orange County, more particularly described as follows: Beginning at the most Easterly comer of said Lot 10; thence Southwesterly along the Southeasterly line of said Lot 10 South 53°46'05" West 20.08 feet to the most Southerly comer of said Lot 10; thence North 41°26'28" West 150.01 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 220.00 feet; thence Northwesterly along said curve through a central angle of 17°44'32" an are length of 68.12 feet; thence tangent to said curve North 59011'00" West 38.23 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 240.00 feet; thence Northwesterly along said curve through a central angle of 31°58'32" an are length of 133.94 feet to a point in the Northwesterly line of said Lot 10; thence Northeasterly along said Northwesterly line North 48°34'20" East 20.69 feet to the beginning of a non - tangent curve concave Northeasterly and having a radius of 220.00 feet, a radial line through said point bears South 64°06'58" West; thence Southeasterly along said non - tangent curve through a central angle of 33°17'58" an are length of 127.86 feet; thence tangent to said curve South 59°11'00" East 38.23 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 240.00 feet; thence Southeasterly along said curve through a central angle of 17°44'32" an arc length of 74.32 feet; thence tangent to said curve South 41°26'28" East 151.83 feet to the POINT OF BEGINNING. N Olav S. Meum L.S. 4384 OLAV S. MEUM p EXPIRES 9-30-05 NO. 4384 �*� JOB 10589 TOAL ENGINEERININC. SHEET N0. of 1 139 AVENIDA NAVAR SAN CLEMENTE, CALIFORNIA 92672 CALCULATED BY A. L. T. DATE 3/13/02 (949) 492-8586 CHECKED BY O.S.M. DATE 3/13/02 FAX (Q4Q) 4QR—RR9S SCALE I — 6V" EXHIBIT "B" N SKETCH TO ACCOMPANY LEGAL DESCRIPTION �Q. +U,8 N 6N l 6 ♦ \ a , 17� t• �� N 59°11'00" W 38.23' \ p R = 240.00' ~ C = 17044'32" N 59011.00" W L = 74.32' \ LOT 10 38.23' R - 220.00' \ 4 = 17044.32" N \ OLANI S. MEUM * EXPIRES 9-30-05 T N0.4384 FGA /C 0.6 O/' �5 / Olav S. Meum LS 4384 CALIFORNIA ALL-PURPOSE&KNOWLEDGMENT • Sta Cot On per: [personally known to me – OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ire subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in.giefher/their authorized capacity(ies), and that by hiefher/their signature(s) on the instrument the person(s), JANICE ANN GOMMAN or the entity upon behalf of which the person(s) acted, Camm11sion8127M5 executed the instrument. Notary Public - Caffomia O=w Courtly WCwmBph%0ct34Z04 WITNESS my hand and official seal. /1 n Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: rizh��,� Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: OE7 1�PiSll ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ /attorney -in -Fact Y Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Name: 3hwi P1 o ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ orney-in-Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1995 National N=ary Association • 8236 Rommel Ave., P.O. Boz 7194 • Canoga Park, CA 91399-7184 Prod. No. 5907 Reorder. Call TOII-Free 1-800-876-M7 0 RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 IMPROVEMENT AGREEMENT FOR WATER AND SEWER FACILITIES — THE A. AND L. GRASSO REVOCABLE TRUST (APN 121-090-18 & 22) THIS IMPROVEMENT AGREEMENT is entered into this 3`d day of December, 2002 by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as "District", CITY OF SAN JUAN CAPISTRANO hereinafter referred to as "City", and ALBERT L. GRASSO, herein referred to as "Grantor". WITNESSETH Whereas, Grantor agrees to allow the design and construction of water improvements to complete a connection to Moulton Niguel Water District (MNWD), that will benefit existing and future customers within the 527W pressure zone, an area known as Peppertree Bend, hereinafter referred to as "Water Improvements"; and, Whereas, Grantor further agrees to allow the design and construction of sewer improvements to complete a connection to the City sewer system, that will benefit the property known as Parcel Map 93-129, hereinafter referred to as " Sewer Improvements'; and, Whereas, Grantor further agrees to grant easements to City and District for water and sewer construction and access purposes of extending sewer and water service to property described in parcel map 93-129. ATTACHMENT 4 Improvement Agreement • • Albert L. Grasso Page 2 NOW, THEREFORE, BE IT RESOLVED BETWEEN DISTRICT, CITY, AND GRANTOR AS FOLLOWS: SECTION 1. GRANTOR OBLIGATIONS a. Grantor agrees to grant the following easements over parcels known as Assessor's Parcel No. 121-090-18 and 121-090-22: 1. An fifteen (15) foot easement to the District for the purpose of constructing and accessing for maintenance purposes of a 12 -inch water main and appurtenances; 2. An fifteen (15) foot easement to the City for the purpose of constructing and accessing for maintenance purposes of a 8 -inch sewer main and facilities: b. Grantor further agrees to cooperate with City and District in allowing free access to the subject easement areas. SECTION 2. CITY AND DISTRICT OBLIGATIONS a. District shall pay the Grantor an amount of $23,443.20, based on the fair market value for water and sewer easements along with the ingress/egress rights over a portion of the properties known as Assessor's Parcel No's 121-090-18 and 121-090-22 to allow for the construction of said improvements. b. City and District agree to hold Grantor harmless from any and all claims, liabilities, demands, actions, cost, and expenses arising out of the construction, access to, or maintenance of the improvements provided for in this agreement. SECTION 3. NOTICES a. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be W:\ENG\DVLP\GRASSO\IMPAGMT.DOC Improvement Agreement • • Albert L. Grasso Page 3 deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: ALBERT L. GRASSO 31645 Peppertree Bend San Juan Capistrano, CA 92675 SECTION 4. AGREEMENT RUNS WITH THE LAND a. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. SECTION 5. ENTIRE AGREEMENT a. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. W:\ENG\DVLP\GRASSO\IMPAGMT.DOC Improvement Agreement • • Albert L: Grasso Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of four pages, on the above date. The A. and L. GRASSO Revocable Trust 31645 Peppertree Bend San Juan Capistrano, CA 92675 CITY OF SAN JUAN CAPISTRANO By By: Diane Bathgate, Mayor O �iVi(/l�t/ Albert L. Grasso, Co -Trustee Date Signe By:. Lois M. Grasso, Co -Trustee Date Signed (Attach Notary Acknowledgement) CAPISTRANO VALLEY WATER DISTRICT 2 Attest: Diane Bathgate, Chairman Margaret R. Monahan, City Clerk & Clerk of the Board APPROVED AS TO FORM: By: John Saw, City Attorney & District Counsel State of California 1 County of Orange J ss before me Ua,& Notary Public, personally appeared who proved to me ont the basis f satisfactory evidence to be the Person* whose nam is re subscr' ed to the within instrument and acknowledged to me that the/they executed the same in is her/their authorized capacity(iA, and the instrument the person, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal )ONNA L. HOKANSON [ Ile COMM. #1347930 NOTARY PUBLIC. CAUTORNIA Notary Public GRANGE COUNTY M IyCo . Exp6ac Air. 29,2006 D TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE AAOWLEDGMENT $" • No. 5907 State of CALIFORNIA County Of ORANGE On / j4G"'�i L ?z_ND-z before me, PHILIP J. 1`1106HES. NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared (. eg i Ri _ (,'0 4SS& NAME(S) OF SIGNER(S) _ r ❑ personally known to me - OR - roved to me on the basis of satisfactory evidence to be the persons) whose name($) is/are subscribed to the within instrument and ac- knowledged to me that *e/she/t#ey executed the same in #+e/her/t-".k authorized PHILIPJ. HUGHES capacity(iec), and that by h4e,her/tive „C440MY COMM.#1333847 a signature(g' on the instrument the person, Q Notary GEC COUNTY 0) 0) or the entity upon behalf of which the ORANGE COUNTY Comm. Expiresl2/28/05 person(A) acted, executed the instrument. SS my hand and official seal. NATURE OF NOT RY 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309.7184 11 RECORDED AT THE REQUEST OF AND RETURN TO: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Clerk PROJECT NAME OR NUMBER: High West Side Pipeline — CIP# 790 Grasso Property (APN 121-090-18 & 22) 31645 Peppertree Bend San Juan Capistrano, CA 92675 1] (Space above tlus line for Remrdees Use) Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 Margaret R. Monahan, City Clerk EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The A. and L. Grasso Revocable Trust ("GRANTOR") does hereby grant to City of San Juan Capistrano, a municipal corporation ("GRANTEE"), a non- exclusive easement and right-of-way in, over, under, upon, along, through and across the real property, 31645 Peppertree Bend, (Parcel 3 and 4 of Parcel Map filed in Book 175, Pages 44 thru 46 of Parcel Maps), situated in the City of San Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" and "A-1" and shown on (sketch) Exhibit "B" and "B-1" attached hereto and by this reference made a part hereof. Such easement and right-of-way shall be for sewer transmission 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 sewer pipelines and 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 written consent of the City of San Juan Capistrano: ATTACHMENT Construct or place anet, alley, roadway or any other impant or structure within the easement area. 2. Place upon or remove from the easement area any earth or material GRANTOR The A. and L. Grasso Revocable Trust 31645 Peppertree Bend San Juan Capistrano, CA 92675 By: �i Albert L. Grasso, Co -Trustee .,� Date Signed By: Lois M. Grasso, Co -Trustee Date Signed Notarized Signatures ATTEST: (Attach All -Purpose Ackr vdadgement) 2 of 2 W:\ENGIDVLPVSP\GRASSO\ESMNTI.DOC • EXHIBIT "A" PUBLIC UTILITY EASEMENT In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Parcel 4 of Parcel Map filed in Book 175, Page 46 of Parcel Maps, records of said Orange County, more particularly described as follows: Beginning at the most Southerly corner of said Parcel 4; thence North 17036'00" West 32.80 feet to a point in the Southwesterly line of said Parcel 4; thence leaving said Southwesterly line North 48°34'20" East 166.15 feet; thence South 41°25'40" East 30.00 feet to a point in the Southeasterly line of said Parcel 4, said point also being the most Northerly point of Lot 10, Tract 10593 as per map recorded in Book 466 Pages 19 through 24, Miscellaneous Maps, records of Said Orange County; thence Southwesterly along said Southeasterly line South 48034'20" East 179.40 feet to the POINT OF BEGINNING. OLAV S. MEUM EXPIRES 9-30-05 NO. 4384 TOAL ENGINEERINQWNC. 139 AVENIDA NAVARR19V SAN CLEMENTE, CALIFORNIA 92672 (949) 492-8586 FAX (C14Q) 4QR—RA)c; iz JOB 10509 SHEET NO.10 0 OF CALCULATED BYA•L•T. DATE 31121OZ CHECKED BY O.S.M. DATE 311 ZZ0Z SCALE EXHIBIT V11311 SKETCH TO ACCOMPANY LEGAL DESCRIPTION PCL. 4 P.M. 175/46 D D qOLAV S. MEUM WIRES R 9 0-05 -30-05 NO, 4384 1: CX A Olov S. Meum LS I EXHIBIT "A— I " PUBLIC UTILITY EASEMENT In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Parcel 3 of Parcel Map filed in Book 175, Page 46 of Parcel Maps, records of said Orange County, more particularly described as follows: Beginning at the most Easterly corner of said Parcel 3; thence Southwesterly along the Southeasterly line of said Parcel 3 South 48034'20" West 79.99 feet; thence leaving said Southeasterly line North 41°25'40" West 30.00 feet; thence North 48°34'20" East 93.24 feet to a point in the Northeasterly line of said Parcel 3; thence Southeasterly along said Northeasterly line South 17°36'00" East 32.80 feet to the POINT OF BEGINNING. 4'd z4o(' Olav S. Meum L.S. 4384 OLAV S. MEUM * EXPIRES 9-3!? �- 9 NO. 4354 T N PC TOAL ENGINEERINCmINC. 139 AVENIDA NAVARPW SAN CLEMENTE, CALIFORNIA 92672 (949) 492-8586 FAX (q4Q) 4QR-RF;75 PCL. 3 P.M. 176/46 joe ILIZ)O-'l SHEET NO.JL ------- OF D Sy_!�. L. J/ I J/oz CALCULATE _ DATE CHECKED BY O.S.M. DATE 3113102 EXHIBIT "B -l" SKETCH TO ACCOMPANY LEGAL DESCRIPTION P.O.S. Olav OLAV S. MELIM EXPIRES 9-304)5 NO. 43U State of CALIFURNIA County of ORANGE On [g' Ap*tL before me, PHILIP J. HULKS, NOTARY PUBLIC; IDATEI INAMENITLE OF OFFICER-i.e.'JANE DOE, NOTARY PUBLIC') personally appeared L O tS KL„ GeZASS,:5 -�, ❑ personally known to me-OR--2�proved to me on the basis of satisfactory evidence to be the person(C) whose name(,?) is/w& subscribed to the within instrument and acknowledged to me that 4;fe/she/t+&9i-executed the same in )alis/her/theh authorized capacity(ies1, PHILIP J. HUGHES and that by laisfher/their signaturer�1 on the C01111.#1333847 > instrumenttheperson(4, a s NotaryPublicCalifornia in or the entity upon behalf ORANGE COUNTY My Comm. Expires 12/28105 J of which the person(pl executed the instrument, (SEAL) ATTENTION NOTARY my hand and official seal The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Documem MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signerfal Other Than Named WOLCOTTS FORM 53340 Rev. 3-94 (P,Ice I.. B -3A) ®1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONTNO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) DINDIVIDUALIS) OCORPORATE_ _ OFFICERISI Own% ' CPARTNER(SI ❑LIMITED OGENERAL ❑ATTORNEY IN FACT CTRUSTEE(SI ❑GUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Pereonis) or Entityliesl RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIONER(S) OINDIVIDUAL(S) OCORPORATE. OFFICER(SI MILES) CPARTNER(S) ❑LIMITED ❑GENERAL []ATTORNEY IN FACT OTRUSTEE(S) D GUARD IA N/CONSERVATOR DOTHER: SIGNER IS REPRESENTING: (Name of Panon(cl or Entitylleal 7 1IIIIIII77 VII6 III I40 II B State of California I County of Orange ss OnO.Az-,3-P, 6g� before Notary Public, personally appeared ,F4z .g��,�' G,Wwgslq who proved to me ont the basis of satisfactory evidence to be the Person($) whose name(#is/ re subsc ed to the within instrument an acknowledged o me thate he/they executed the same inter/their authorized capacity(sie), and the instrument the person(f, or the entity upon behalf of which the person(o acted, executed the instrument. WITNESS my hand and official seal Notary• =@:NNAL I Z3 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT 0 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ACCEPTING PUBLIC SEWER EASEMENTS FROM THE WILLIAM E. REISING AND BONNIE H. REISING TRUST (APN 649-342-01) AND THE A. AND L. GRASSO REVOCABLE TRUST (APN 121-090-18 & 22) WHEREAS, The City of San Juan Capistrano (City) has been negotiating with the owners of said real properties to construct public sewer facilities; and, WHEREAS, in conjunction with the construction of the public sewer facilities, City must obtain the right to construct and the dedication of the required easements from said real properties; and, WHEREAS, the owners of said real properties have, upon request by the City, agreed to the conditions of the Improvement and Reimbursement Agreement, agreed to the conditions of the Improvement Agreement, and granted the necessary easements to City; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby: SECTION 1. The required easement from the William E. Reising and Bonnie H. Reising Trust is hereby accepted. SECTION 2. The required easement from the A. and L. Grasso Revocable Trust is hereby accepted. ATTACHMENT 6 SECTION 3. The City Clerk is hereby authorized to forward the easements to the Orange County Recorder's Office for recordation. PASSED, APPROVED, AND ADOPTED this .2002. DIANE BATHGATE, MAYOR ATTEST; MARGARET R. MONAHAN, CITY CLERK day of ATTACHMENT 7 c 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1 771 (949) 493-1053 (FAX) lvlviv sanjuancapistrano. org IA[IAlllllit BuwnN � 1961 1776 MEMBERS OF THE CITY COUNCIL DWAE L BATHGATE CO A ENE CAMPBELL JOHN S. GELFF MATT HART DAVID M. SWERIDUN CITY MANAGER GEORGESCARBOROUGH 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 December 3, 2002 in the City Council Chamber in City Hall, to consider: "Consideration of an Agreement for the Sewer Facilities with Moulton Niguel Water District, Improvement and Reimbursement Agreement, and Acceptance of Easements for Construction of Sewer Facilities (Reising and Grasso Properties) (TPM 93-129)" — Item No. 12d 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 City Hall by 5:00 p.m. on Monday, December 2, 2002 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue '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 Harris, Assistant Engineer. You may contact that staff member at (949) 487-4305 with any questions. The agenda, including agenda reports, is available to you on our web site: www.saneuancapistrano.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: Megna an, CMC City C erk cc: Moulton Niguel Water District; William E. Reising; Albert L. Grasso; Toal Engineering, Inc.; Amy Amirani, Public Works Director; Craig Harris, Assistant Engineer * Received staff report neuo use n San Juan Capistrano: Preserving the Past to Enhance the Future