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
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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
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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
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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
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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
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EXHIBIT "A"
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EXHIBIT "A"
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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
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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
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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
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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
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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
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-30-05
NO, 4384
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Olov S. Meum LS
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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.
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* 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