1983-0222_ORANGE , COUNTY OF_Agreement No. D 83-0011
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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.
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Agreement No. D83-001
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3.
CITY shall obtain a permit for work within DISTRICT's Fee right -of -
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way.
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4.
CITY shall obtain all appropriate approvals and permits, and shall
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construct improvements in conformance with State Fish and Game and Regional Water
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Quality
Control Board Requirements.
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5.
CITY shall convey to DISTRICT an ingress, egress easement to San Juan
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Creek Channel
upon completion of construction.
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6.
DISTRICT shall provide CITY with existing originals of Facility
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L01S06.
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7.
CITY shall operate and maintain Facility L01S06.
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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.
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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
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CAMINO DEL AVION
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AVENIDA MARIPOSA' LOCATION
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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.
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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