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1983-0222_ORANGE , COUNTY OF_Agreement No. D 83-0011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E M E N T Agreement No. D83-001 I THIS AGREEMENT, for purposes of identification hereby dated the day of Xlj- A 19r-1 is BY AND BETWEEN M9 ORANGE COUNTY FLOOD CONTROL DISTRICT, a body politic of the State of California, hereinafter referred to as DISTRICT, THE CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as CITY, WI T N E S S E T H WHEREAS, DISTRICT owns and operates Facility LOIS06 between San Juan Creek and the intersection of Camino Del Avion and Alipaz in the City of San Juan Capistrano, but within a DISTRICT easement, and WHEREAS, DISTRICT's facility exists as an open trapezoidal channel, and WHEREAS, CITY owns and operates upstream system of L01S06 and its tributaries, and has prepared plans for improvement to Facility L01S06 in said loca- tion, and WHEREAS, CITY wishes to construct and maintain underground channel for improved hydraulics and to provide a future trail connection to the San Juan Creek trail system, and WHEREAS, DISTRICT wishes to retain ingress, egress rights to San Juan Creek; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. CITY shall prepare plans and specifications for construction of Facility L01S06 from San Juan Creek to the intersection of Camino Del Avion and Alipaz as shown on Exhibit A, attached hereto. 2. DISTRICT shall quitclaim all rights to easement to Facility L01S06 and described in the Official Records of Orange County as O.R. 9363-118 and recorded July 31, 1970. -1- Agreement No. D83-001 1 3. CITY shall obtain a permit for work within DISTRICT's Fee right -of - 2 way. 3 4. CITY shall obtain all appropriate approvals and permits, and shall 4 construct improvements in conformance with State Fish and Game and Regional Water 5 Quality Control Board Requirements. 6 5. CITY shall convey to DISTRICT an ingress, egress easement to San Juan 7 Creek Channel upon completion of construction. 8 6. DISTRICT shall provide CITY with existing originals of Facility 9 L01S06. 10 7. CITY shall operate and maintain Facility L01S06. 12 13 14 !!! 15 16 17 18 19 20 21 22 !!! 23 24 25 /!! 26 27 28 -2- J.� Agreement No. D83-001 I IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 2 dates set forth opposite their respective signatures. ;i h J Dateb22li�C6 Date -/ - ii l� Date 1 -/- COUNTY RANGE %a By '(VirlFan of its Board of Supervisors CITY OF SAN -JUAN CAPISTRANO B Lawrence F.uchheim, Mayor Attest:: ) Mary An�ahovei, City Clerk .4 Date By Signed and certified that a copy of this Document has been delivered to l the Chairman of the Board. Approved as to form: JUNE AL XANDER Clerk of the Board of Supervisors l James S. Okazaki, ity Attorney of Orange County, California 2:; APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel 24 ORANGE COUNTY, California e2E��- /- Ss3 ~ J�idthRD06-4 -3- 1/11/83 BpIRRgk iq fR p� A. 4 pry J3 U_ c Jew• l//moo e W 1r41 as _ I MEI U ROAD 0 �O SAGE i QO MESq c� De O�� DEL AVION CAMINO DEL AVION I"- GOO n AVENIDA CABRILLO � PROJECT' AVENIDA MARIPOSA' LOCATION v i _m•v � .`" t� ORANGE COUNTY LOCATION MAP 1 _ I I - 83 ENVIRONMENTAL MANAGEMENT AGENCY FACILITY LOIS06 REGULATION / DEVELOPMENT SERVICES OIVISION WILDING PLAN CHECK GRADING SfREETSORAINAGE SUBDIVISION ENVIRONMENTAL RESOURCES EXHIBIT A Corded at request of, and return to; ange County Flood Control District ea: 9363 I 21948, Facility No LOIS06 Facility: San Juan Creek Channel aParcel No. EASEMENT DEED LL'y AT ROFANGtGLGFor a valuable consideration, receipt of which is hereby:d tCt.:acknowledged, C"'�-1WILLIAf THOHAS HON3EERGER and $1197uMARLE MARIE HONSSERGER .E, Ccun,j .' 'do hereby Grant to the - FtZ EF ORANGE COUNTY FLOOD CONTROL DISTRICT, C4 a body corporate and politic, - an easement for flood control and water conservation purposes in over and across the real property in the County of Orange, State of California, de- scribed as: All that portion of Lot 3 of the Daneri Tract, as shown on a map of survey recorded in Book 2, page 22, Record of Surveys, in the office of the County Recorder of Orange County,described as follows: Beginning at the Southwest corner of said Lot 3; thence N 0° 52' 00" W 291.65; more or less, along the westerly line of said Lot 3, to an inter- section with the southerly line of Camino del Avian; thence S.88° 49' 00" E 21.00 feet; thence S 0° 52' 00" E, 291.65' to an intersection with the . southerly line of said Lot 3; thence westerly 21.00 feet along the southerly line of said Lot.3, to the point.of.beginning. - Containing 0.141_of an acre of land. Da [ed: An - .:SLC/,/V �l�.i 1, � ��11� /b D-1 WILLIAM THOMAS NONSBERGER n .MAB E MARIE HONSBERGER . STATE OF CALIFORNIA, COUNTY OF orange , as. -_ On July17 19 70, before me, the undersigned, a Notary Public in and for said County and State, personally appeared I4111itm Tho -,as ter" an-' '-'"h7 p.h rgp known to me to be the per- sons whose names are subscribed to the within instrument and acknowledged. to me that they executed the same. - my hand and official seal. QWITNESS Notary �r /'/ OFFICIAL SEAL KAR N D. HELCUIST Public in and f ot said County and State - NOTARY r:ML1C.CAjIFORNIA MY Commits.., P?I 1 r Ccut; YIN tr{%yes July 15, jg72 - - . MURRAY STORM DIRECTOR, EMA H. J. KRIZAN "_AUNTY OF DIRECTOR OF REGULATION LOCATION: 400 CIVIC CENTER DRIVE WEST SANTA ANA, CALIFORNIA 5 3 RANGE MAILING ADDRESS: \ ✓ / P.O. BOX 4048 SANTA ANA, CA 92702-4048 ENVIRONMENTAL MANAGEMENT AGENCY REGULATION Mr. George M. Lohnes, City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Mr. Lohnes: FILE LO1506.2 Transmitted herewith is City's copy of fully executed Agreement D83-001 between OCFCD and the City of San Juan Capistrano and the Minutes of February 22, 1983 recording the action taken by the Board. This office is directing EMA/Right-of-way Engineering to quit claim all rights to easement to Facility L01506 as described in the Official Records of Orange County as O.R. 9363-118 (attached). TELEPHONE: (714) 834-2626 Also, transmitted herewith are the original improvement plans for Facility L01506 and a sepia of the OCFCD right-of-way map for same. Questions concerning the matter may be directed to Jerry Sterling at 834-5060. Very truly yours, H. J. KRIZAN, Director of Regulation F. G. McLellan, Manager Development Services Division DH: am Attachments: Agreement D83-001 Board of Supervisors Minutes of February 22, 1983 O.R. 9363-118 1„ Improvement Plans L01506-701-1 Right of Way Map L01506-1 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA February 22, 1983 IN RE: AHFP AGREEMENT SLATER AVENUE CITY OF FOUNTAIN VALLEY On motion of Supervisor Clark, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute the Arterial Highway Financing Program Project Administration Agreement, dated February 22, 1983, between the County of Orange and the City of Fountain Valley, which provides for the rehabili- tation of Slater Avenue, Project No. 1096. IN RE: AGREEMENT ALIPAZ STORM CHANNEL CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Clark, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute Agreement No. D83-001, dated February 22, 1983, between the Orange County Flood Control District and the City of San Juan Capistrano, for Alipaz Storm Channel Facility LO1S06. RFCEIVED FFP 2 a ?983 04A viola-z.a ))zne) 32'400 PA EO AD EI AN TQ" SAN JUMD6APISTRANO, CALIFORNIA 92675 PNON 1! 493-1171 February 3, 1983 Gerald Sterling County of Orange Environmental Management Agency 811 North Broadway, 4th Floor Santa Ana, CA 92702 Re: Agreement No. D 83-001, Construction of Ali rm Dear Mr. Sterling: Enclosed are 4 copies of the above Agreement between the Orange County Flood Control District and the City of San Juan Capistrano. The City Council approved the Agreement on February 1, 1983. Following signature of the Agreement by the Chairman of the Board of Supervisors, please return a fully -executed copy to this office. Thank you for your cooperation in this matter. Very truly yours, MARY ANN OVER, CMC City Clerk MAH/cdc Enclosures cc: Toreal Investments Director of Public Works �, ?0ff w;is�'rc i,�y,�� _.310 • 0 4. AGREEMENT FOR CONSTRUCTION OF ALIPAZ STORM D AVION FLOOD CONTROL (38) Written Communications: Report dated February 1, 1983, from the Director of Public Works, forwarding an agreement with the Orange County Flood Control District for extension of the Alipaz Storm Drain from its present terminus at Alipaz Street and Camino del Avion to San Juan Creek. The report advises that construction will be funded by Torreal/Scott, developers of Tract 11086, in fulfillment of a condition of development. _Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried to approve the County of Orange Flood Control District Agreement Number D83-001, and to authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Residents adjacent to the project area are to be notified of the construction. 0 0 AGENDA ITEM February 1, 1983 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement For Construction of Alipaz Storm Drain, Camino del Avion to San Juan Creek (County of Orange) SITUATION Staff is requesting approval of an agreement with the County of Orange for the purpose of extending the Alipaz Storm Drain from its present terminus at Alipaz Street and Camino del Avion to San Juan Creek. The construction is to be conducted by Torreal/ Scott, the developers of Tract 11086 in fulfillment of a condition of development. The right of way is held by the County of Orange, and the City will receive dedication of the storm drain for maintenance since it is a local facility. A copy of the agreement is enclosed. FINANCIAL CONSIDERATIONS The developers of Tract 11086 shall fund the construction of the storm drain. A decision shall be made in the near future as to the method of contracting the construction. The alternatives are for a private contract by the developers or to have the City administer the contract at the total expense of the developer. No City funds shall be expended. ALTERNATE ACTIONS 1. Approve the agreement. 2. Do not approve the agreement. 3. Require additional information from staff. ftweDe WWORID3y"i)�l By motion, approve the County of Orange Flood Control District Agreement Number D83-001 and authorize the Mayor and City Clerk to execute the document. Respectfully submitted, W. D. Murphy `I WDM:GML/rem Encl. POR GMTY COUNCIL AGENDA ,�/� MURRA DIRECTOR, OR, EMA EMA H. J. KRIZAN U N-rY O r DIRECTOR OF REGULATION MAILING ADDRESS: 3 P.O. BOX 4048 5 ,FLAN G E SANTA ANA, CA 92702 ENVIRONMENTAL MANAGEMENT AGENCY REGULATION 400 CIVIC CENTER DRIVE WEST SANTA ANA, CALIFORNIA FILE L01S06.2 (714)834-2626 .i AN 17 ".;3 Mr. George M. Lohnes, City Engineer CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Mr. Lohnes: Transmitted herewith are four copies of the draft Agreement D83-001 be- tween the Orange County Flood Control District (OCFCD) and the City of San Juan Capistrano, quitclaiming of OCFCDIs easement for Facility L01S06. This Agreement also is in reference to Mr. Thomas G. Merrell's letter of February 1, 1982 stating that the transfer and storm drain construction are in conformity with the City's General Plan. This Agreement requires the City to obtain a permit for work within fee owned right-of-way. This Agreement has been reviewed by County Counsel and, if found accept- able by the City, please execute and return the four copies to this office for further processing. Upon execution of the Agreement by the Board of Supervisors, a fully executed copy will be sent to your office. Questions concerning this matter may be directed to Jerry Sterling of this office at (714) 834-5060. Very truly yours, H. J. KRIZI'ArN, Director of Regulation, EMA Floyd G. M cL'e11a ager Development Services Division JDS: gh Attachments: Agreement D83-001 (4) cc: Public Property Permits Right -of -Way Engineering