03-1028_ORANGE COUNTY FLOOD CONTROL DISTRICT_Purchase AgrL01-251, L02.101.6 • •
San Juan Creek Channel
Trabuco Creek Channel
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (Agreement) is made ti rA,)Ioel 28 , 2003, by and between the
ORANGE COUNTY FLOOD CONTROL DISTRICT, hereinafter referred to as "DISTRICT" and CITY
OF SAN JUAN CAPISTRANO, hereinafter referred to as "BUYER."
RECITALS
A. DISTRICT owns the real property, hereinafter referred to as the "Property," as shown on
Attachment 1 attached hereto and made a part hereof.
B. BUYER has offered to purchase a Pipeline Easement (Easement) and a Temporary Construction
Easement (TCE) across DISTRICT's Property for Thirty -Three Thousand and Five Hundred Dollars
($33,500).
C. DISTRICT is willing to sell an Easement and TCE to BUYER subject to the terms and conditions
of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained
DISTRICT and BUYER agree as follows:
DISTRICT:
A. Accepts BUYER's offer to purchase the subject Easement and TCE for Thirty -Three
Thousand and Five Hundred Dollars ($33,500), which amount is hereinafter referred to as
"Purchase Price."
B. Shall execute and acknowledge an Easement Deed and TCE Deed in the form shown as
Attachment 2 and Attachment 3, conveying title to the Easement and TCE to BUYER, within ten
(10) days of the date DISTRICT's Board of Supervisors approves this sale and authorizes said
action.
C. Shall deliver an executed Easement Deed and TCE Deed to BUYER upon BUYER's delivery
of Purchase Price to DISTRICT.
D. Makes no warranties or representations whatsoever with regard to the quality of the title to the
Property.
E. Shall provide no title insurance in this transaction.
2. BUYER:
A. Shall, in consideration of the transfer of the Easement and TCE by DISTRICT to BUYER,
deliver the Purchase Price to DISTRICT's Public Facilities & Resources Department (PFRD)
Real Estate Services within ten (10) days after execution of this Agreement by DISTRICT.
B. Shall pay all costs in connection with the purchase of the Easement and TCE. Such costs
may include but shall not be limited to documentary transfer tax, recording fees, and preliminary
change of ownership fees.
C. Shall accept title to the Easement "as is" subject to all matters affecting the property whether
recorded or unrecorded.
D. Shall have all construction and/or maintenance plans approved in writing by DISTRICT's
Director of PFRD, or designee (hereinafter "Director"), prior to commencement of any
construction and issuance of an encroachment permit.
Js/SJc Page -LOLL
06-10-2003
6 0
3. BUYER agrees and acknowledges that DISTRICT shall have no liability, financial or otherwise,
for maintenance, abatement, or remediation of hazardous materials, if any. BUYER further
acknowledges that DISTRICT has made no representations, warranties, or agreements as to any matters
concerning the Property, including, but not limited to, the marketability of title, the land, topography,
climate, air, water, water rights, utilities, present or future zoning, soil, sub -soil, hazardous substances,
waste, or materials, the purpose for which the Property is suited, drainage, access to public roads,
proposed routes or extensions of roads, or the availability of governmental permits or approvals of any
kind. BUYER represents and warrants to DISTRICT that BUYER and BUYER'S representatives and
employees have made their own independent inspection and investigation of the Property and BUYER
agrees to purchase the Property in its "as -is" condition.
5. The terms, covenants, and conditions contained herein shall apply to and bind the heirs,
successors, executors, administrators and assigns of the parties hereto.
6. The failure of DISTRICT or BUYER to insist upon strict performance of any of the terms,
covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy that
DISTRICT or BUYER may have, and shall not be deemed a waiver of the right to require strict
performance of all the terms, covenants, and conditions of the Agreement thereafter, nor a waiver of
any remedy for the subsequent breach or default of any term, covenant, or condition of the Agreement.
Any waiver, in order to be effective, must be signed by the party whose right or remedy is being
waived.
7. Time is of the essence in the performance of the respective obligations contained in this
Agreement. Failure to comply with any time requirement contained herein shall constitute a material
breach of this Agreement.
8. This Agreement shall be governed by and construed according to the laws of the State of
California. The invalidity of any provision in this Agreement, as determined by a court of competent
jurisdiction, shall in no way affect the validity of any other provision hereof.
9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties, and no oral understanding or agreement not incorporated herein shall be binding
on any of the parties.
10. All documents, correspondence, and communications concerning this transaction shall be directed
as follows:
TO: BUYER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
TO: DISTRICT
County of Orange
PFRD Real Estate Services
P.O. Box 4048
Santa Ana, CA 92702-4048
11. This agreement includes the following, which are attached hereto and made a part hereof:
Attachment 1 — Location Map
Attachment 2 - Easement Deed
Attachment 3 — Temporary Construction Easement Deed
Js/SJC
06-10-2003
.2-
Page 2 of 3
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BUYER hereby submits this offer with full knowledge of the terms and conditions contained herein.
APPROVED AS TO FORM:
City Attorney
By: _
AQ—�
Date:
DISTRICT has considered and accepts this offer.
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
ATTEST-
VARLENE J. BLOOM
Clerk of the Board of Supervisors
Orange County Flood Control District,
Orange County, California
Date: 10-2-9-09
APPROVED AS TO FORM:
County Counsel
By: -----t btM1An- X
Date:-
BUYER:
CITY OF
EN
Title:
ATTEST: l� ^
M g ret R. Monahan, City Clerk
SaInAan Capistrano
DISTRICT:
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politi
By; Ilttwtst! ,
Chairman, Board of Supervisors
JsrsJc -3- Page 3 of 3
00-10-2003
LOCATION
Page=ot=
MAP
L02-101.6
CREEK CHANNEL • L02
L01.253
CAMINO
♦ nAmnm.un
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL
TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk's Office
Mail Tax Statements to:
As shown above
This is to certify that this document
is exempt from recording fees per
Govt. Code Sec. 27383 and is exempt
from Documentary Transfer Tax
0
THIS SPACE FOR RECORDER'S USE ONLY
X Incorporated, City of San Juan Capistrano
Project/Parcel Nos.: LO1-251
Project: San Juan Creek Channel
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,
ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic,
hereinafter referred to as "DISTRICT,"
does hereby grant to THE CITY OF SAN JUAN CAPISTRANO
hereinafter referred to as "GRANTEE,"
a non-exclusive easement for water pipeline purposes over and across that certain real property
(hereinafter "the Easement Area") described as Exhibit "A" and shown on Exhibit `B," both attached
hereto.
GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility,
commonly referred to as Trabuco Creek Channel (hereinafter "the Channel").
It is understood and agreed by the parties hereto, and their successors and assigns, that the easement and
right of way herein granted shall be subject to the following terms and conditions:
1. CONSTRUCTION AND MAINTENANCE (PMES2.2 S)
GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT's
Director of Public Facilities and Resources Department or designee (hereinafter referred to as
"DIRECTOR") prior to commencement of any work; and upon completion of any work, GRANTEE
shall immediately notify DIRECTOR in writing of such completion. DIRECTOR's approval of
GRANTEE's construction and/or maintenance plans shall not be deemed approval from the standpoint of
1
Page I Oft ATTACHMENT OZ
0
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structural safety, suitability for purpose or conformance with building or other codes or other
governmental requirements.
GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility,
commonly referred to as Trabuco Channel (hereinafter "the Channel").
GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for
unobstructed flood control operation and maintenance of the Channel by DISTRICT. GRANTEE shall
maintain, at no cost to DISTRICT, all facilities constructed by GRANTEE pursuant to this easement in
good repair and in safe condition.
Should it be necessary for GRANTEE to disturb the surface of the Easement Area subsequent to the
completion of the initial installation of necessary facilities, GRANTEE agrees to notify DIRECTOR in
writing sixty (60) days in advance and to obtain DIRECTOR's written approval of all plans prior to
commencement thereof and to obtain a permit for construction from DISTRICT after payment of normal
processing fees. Said approval shall not be withheld unreasonably, nor shall said approval be necessary
in any emergency situation.
Except in designated environmentally sensitive areas, GRANTEE shall have the right to cut such roots as
may endanger or interfere with said underground facilities and shall have reasonable access to the
Easement Area for the purpose of exercising the rights herein granted; provided, however, that any
excavation shall be made in such a manner as will cause the least injury to the surface of the ground and
any improvements and/or landscaping around such excavation, and that the earth so removed shall be
replaced and the surface of the ground and any improvements and/or landscaping around such
excavation, damaged shall be promptly restored by GRANTEE at its expense to the same condition as
existed prior to excavation, to DIRECTOR's satisfaction. All facilities owned or constructed by
GRANTEE pursuant to this Easement Agreement shall be maintained by GRANTEE in good repair and
in safe condition at no cost to DISTRICT.
2. RESERVATIONS (PMES7.1 S)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial
rights in the Easement Area as will not interfere with or prohibit the use by GRANTEE of the rights and
easement herein granted. In the event (DISTRICT/COUNTY) exercises such rights,
(DISTRICT's/COUNTY'S) only responsibility shall be to backfill with compacted earth to the grade of
the surrounding property following completion of (DISTRICT's/COUNTY's) activity. GRANTEE shall
restore GRANTEE's facilities to the design and grade approved as provided for in Clause 1 above.
3. REMOVAL AND/OR ABANDONMENT (PMES3.1 S)
GRANTEE agrees that in the event (a) GRANTEE's facilities are no longer required, or (b)
GRANTEE's use of said facilities ceases for a continuous period of more than one (1) year without
written notice from GRANTEE to DISTRICT of the circumstances affecting such suspension and of
GRANTEE's intention to resume usage of the facilities, GRANTEE shall, at Director's request and at no
cost to DISTRICT, remove and/or abandon said facilities within ninety (90) days after receipt of written
notice from Director to remove and/or abandon. Following such removal and/or abandonment,
GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior
to the granting of the easement, to Director's satisfaction. GRANTEE shall also execute and record in
the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the
encumbrance of this easement from title to the Easement Area.
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4. RELOCATION (PMES4.1 S)
0
GRANTEE agrees that in the event GRANTEE's facilities shall at any time interfere with the operation,
maintenance, replacement, or improvement of DISTRICT's property as determined by DIRECTOR,
GRANTEE shall, within ninety (90) days of receipt of written notice from DIRECTOR, relocate at
GRANTEE's expense GRANTEE's facilities to a site designated by DIRECTOR. All other terms and
conditions of this Easement Agreement shall remain the same.
5. HOLD HARMLESS (PMES5.1 S)
GRANTEE hereby releases and waives all claims and recourse against DISTRICT, and County of
Orange ("COUNTY") including the right of contribution for loss or damage of persons or property,
arising from, growing out of or in any way connected with or related to this Easement except claims
arising from the concurrent active or sole negligence of DISTRICT and/or COUNTY, their
officers, agents, employees and contractors. GRANTEE hereby agrees to indemnify, defend (with
counsel approved by DISTRICT), and hold harmless, DISTRICT and COUNTY, their elected and
appointed officials, officers, agents, employees and contractors against any and all claims, losses,
demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the
operation or maintenance of the property described herein, and/or GRANTEE's exercise of the rights
under this Easement Agreement, except for liability arising out of the concurrent active or sole
negligence of DISTRICT, and/or COUNTY, their elected and appointed officials, officers, agents,
employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT is
named as co-defendant in a lawsuit, GRANTEE shall notify DISTRICT of such fact and shall represent
DISTRICT in such legal action unless DISTRICT undertakes to represent itself as co-defendant in such
legal action, in which event, GRANTEE shall pay to DISTRICT its litigation costs, expenses, and
attorney's fees. If judgment is entered against DISTRICT and GRANTEE by a court of competent
jurisdiction because of the concurrent active negligence of DISTRICT and GRANTEE, DISTRICT and
GRANTEE agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
GRANTEE acknowledges that it is familiar with the language and provisions of California Civil
Code Section 1542 which provides as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if known
by him, must have materially affected his settlement with the debtor.
GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit
of its provisions to the extent described in this paragraph.
6. GRANTEE's LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES CIS)
GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought
upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein,
or if contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE
is legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend
with counsel approved by DISTRICT, and hold harmless DISTRICT, COUNTY, and their elected or
appointed officials, officers, agents, and employees from any and all claims, judgments, damages,
penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the
Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees)
which arise during or after GRANTEE's use of the Easement Area as a result of such contamination.
Page 3 of 7
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This indemnification includes, without limitation, costs incurred by DISTRICT in connection with any
investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any
federal, state, or local governmental entity or agency because of Hazardous Material being present in the
soil or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost
and expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the
introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained
DISTRICT's written approval and the approval of any necessary governmental entities or agencies.
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or
waste which is or shall become regulated by any governmental entity or agency, including, without
limitation, DISTRICT acting in its governmental capacity, the State of California, or the United States
government.
VENUE (PMES9.1 S)
The parties hereto agree that this easement has been negotiated and executed in the State of California
and shall be governed by and construed under the laws of California. In the event of any legal action to
enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to
the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the
parties hereto specifically agree to waive any and all rights to request that an action be transferred for
trial to another county.
8. SEVERABILITY (PMES10.1 S)
If any term, covenant, condition, or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in
full force and effect and shall in no way be affected, impaired, or invalidated thereby.
9. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES8.1 S)
This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which
may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a
covenant against the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance
to GRANTEE of rights in the property which exceed those owned by DISTRICT, or any representation
or warranty, either express or implied, relating to the nature or condition of the property or DISTRICT's
interest therein.
10. SUCCESSORS AND ASSIGNS (PMES 11.1 S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors,
executors, administrators, and assigns of the parties hereto.
11. CALENDAR DAYS (PMES6.1 S)
Any reference to the word "day" or "days" herein, shall mean calendar day or calendar days,
respectively, unless otherwise expressly provided.
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12. ATTORNEY'S FEES (PMES14.1 S)
In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where
any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees and
costs.
13. AMENDMENTS (PMES16.1 S)
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed
by the parties hereto, and no oral understanding or agreement shall be binding on any of the parties
unless incorporated herein. Any amendment or cancellation of this Agreement shall be recorded in the
Official Records of the County of Orange.
14. AUTHORITY (PMES17.1 S)
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
15. WAIVER OF RIGHTS (PMES19.1 S)
The failure of the DISTRICT to insist upon strict performance of any of the terms, covenants, or
conditions of this Agreement shall not be deemed a waiver of any right or remedy that DISTRICT may
have, a waiver of the right to require strict performance of all the terms, covenants, and conditions of this
Agreement thereafter, or a waiver of any remedy for the subsequent breach or default of any term,
covenant, or condition of this Agreement.
16. NOTICES (PMES21.1 S)
All notices, documents, correspondence, and communications concerning this easement shall be
addressed as set forth in this paragraph, or as the parties may hereafter designate by written notice, and
shall be sent through the United States mail, duly registered or certified with postage prepaid. Any such
mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each party may
change the address for notices by giving the other party at least ten (10) calendar days prior written
notice of the new address.
Notwithstanding the above, DISTRICT may also provide notices, documents, correspondence, or such
other communications to GRANTEE by personal delivery, regular mail, or facsimile and, so given, shall
be deemed to have been given upon receipt if provided by personal delivery or facsimile, or forty-eight
(48) hours after mailing if provided by regular mail.
DISTRICT
GRANTEE
Orange County Flood Control District City of San Juan Capistrano
c/o PFRD Real Estate Services 32400 Paseo Adelanto
300 N. Flower Street San Juan Capistrano, CA 92675
P.O. Box 4048 Attention: City Clerk's Office
Santa Ana, CA 92702-4048
Page -5 of 7
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17. ENTIRE AGREEMENT (PMES12.1 S)
This Agreement contains the entire agreement between the parties hereto with respect to the matters
herein and there are no restrictions, promises, warranties, or undertakings other than those set forth or
referred to herein.
18. ATTACHMENTS TO DOCUMENT (PMES20.1 S)
This document includes the following, which are attached hereto and made a part hereof.
Exhibit A (Legal Description)
Exhibit B (Map)
Page 6 of 7 6
0
Signed and certified that a copy of
this document has been delivered to
the Chairman of the Board.
Attest:
DARLENE J. BLOOM
Clerk of the Board of Supervisors,
Orange County Flood Control District
Orange County, California
Approved as to form:
County Counsel
By
Date
1-1
L
DISTRICT
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
UA
Chairman of the Board
Document: Easement Deed
DISTRICT/Grantee: Orange County Flood Control District/ City of San Juan Capistrano
STATE OF CALIFORNIA
)SS ACKNOWLEDGEMENT
COUNTY OF ORANGE )
On , 2003 before me,
Notary Public in and for said County and State, personally appeared _
, personally known to me (or proved to me on the basis of satisfactory evidence) 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. 4
WITNESS my hand and official seal.
Signature
Page 7 of
EXHIBIT "A"
LEGAL DESCRIPTION
FACILITY NO.: LOl
PARCEL NO.: 251
THE LAND SITUATED IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED IN DEEDS TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT AS PARCEL L1-210 RECORDED
FEBRUARY 4, 1963 IN BOOK 6419, PAGE 584, PARCEL 211 RECORDED JUNE
28, 1963 IN BOOK 6609, PAGE 369 AND PARCEL L2-101 RECORDED JUNE 28,
1963 IN BOOK 6609, PAGE 371 ALL OF OFFICIAL RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN A STRIP OF
LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTH WEST CORNER OF THE LAND DESCRIBED IN
BOOK 531, PAGE 251 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND
SOUTH 87055'30" EAST 96.97 FEET TO THE TRUE POINT OF BEGINNING:
THENCE PARALLEL WITH THE EASTERLY LINE OF PARCEL 101 OF THE
TRABUCO CREEK CHANNEL (170 FEET WIDE) AS DESCRIBED IN A DEED TO
THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED JUNE 28,
1963 IN BOOK 6609, PAGE 371 OF SAID OFFICIAL RECORDS, SOUTH 3°02'47"
WEST 203.75 FEET; THENCE SOUTH 56°02'47" WEST 350.14 FEET TO THE
WESTERLY LINE OF SAID PARCEL Li -210.
CONTAINING 0.191 ACRES, MORE OR LESS.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO
AS TO MEET AT ANGLE POINTS, COMMENCE AT SAID SOUTHERLY LINE,
AND TERMINATE IN THE WESTERLY LINE OF SAID PARCEL L1-210.
ALL AS SHOWN ON EXHIBIT `B", THE SKETCH TO ACCOMPANY THIS
DESCRIPTION, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY:
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7/21/03 REVISED EASEMENT PER OCFCD COMMENTS - DMW
7/12/03 REVISED EASEMENT ALIGNMENT - DMW
3/21/03 REVISED EASEMENT PER OCFCD COMMENTS - DMW
3/7/03 REVISED EASEMENT ALIGNMENT - DMW
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SAN CLEMEN7E, CA 92673
PHONE.• 949-661-9156
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FAX.• 949-366-9611
EMAIL: PLS5031®PACBELL.NET
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RECORDED AT REQUEST OF,
AND WHEN RECORDED MAIL TO:
County of Orange
Public Facilities and Resources Department
Real Estate Services
300 North Flower, 6'h Floor
Santa Ana, California 92703
0
SPACE ABOVE THIS LINE FOR RECORDER'S USE
This is to certify that this document is exempt
from recording fees per Govt. Code Sec. 27383
and is exempt from Documentary Transfer Tax
N Incorporated, City of San Juan Capistrano
Project/Parcel No: L02-101.6
Project: Trabuco Creek Channel
TEMPORARY EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE ORANGE COUNTY FLOOD CONTROL DISTRICT
does hereby GRANT to
THE CITY OF SAN JUAN CAPISTRANO
hereinafter referred to as "City", a temporary easement for construction purposes in, over, and across the
real property in the County of Orange, State of California, described as:
(See Exhibit A for legal description
attached hereto and by reference made a part hereof.)
Together with the right to excavate, fill or regrade said property to install a water pipeline improvement
to be constructed in and over the adjoining property; to enter upon, to pass and repass over and along
said land, and to deposit tools, implements and other materials thereon by said City, its officers, agents
and employees, and by persons under contract with it and their employees, whenever and wherever
necessary for the purposes above set forth.
The easement herein granted shall become effective upon recordation of this deed and shall terminate on
one-year from recordation date or upon filing of a Notice of Completion, whichever first occurs.
CC: 2-28-02 Page of a ATTACHMENT A5-3
0 0
Dated
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
ATTEST:
Darlene J. Bloom
Clerk of the Board of Supervisors
Orange County Flood Control District,
Orange County, California
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
ORANGE COUNTY FLOOD CONTROL DISTRICT
10
Chairman, Board of Supervisors
ACKNOWLEDGEMENT
On 200_, before me, a Notary Public in and for said County and
State, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their authorized
capacity(ies), and that by his/her/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.
Signature
Document: TCE
Grantor/Grantee: OCFCD/City of San Juan Capistrano
Approved as to Form
County
By Date* -O
eputy
CC: 2-28-02
Page -�Lof 3
A5-3
6.01-252, 253 • •
TraNco Creek Channel
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (Agreement) is made OCADPa 24 , 2003, by and between the
ORANGE COUNTY FLOOD CONTROL DISTRICT, hereinafter referred to as "DISTRICT" and CITY
OF SAN JUAN CAPISTRANO, hereinafter referred to as "BUYER."
RECITALS
A. DISTRICT owns the real property, hereinafter referred to as the "Property," as shown on
Attachment 1 attached hereto and made a part hereof.
B. BUYER has offered to purchase two Pipeline Easements (Easements) across DISTRICT's Property
for Six Thousand and Two Hundred Dollars ($6,200).
C. DISTRICT is willing to sell Easements to BUYER subject to the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained
DISTRICT and BUYER agree as follows:
DISTRICT:
A. Accepts BUYER's offer to purchase the subject Easements for Six Thousand and Two
Hundred Dollars ($6,200), which amount is hereinafter referred to as "Purchase Price."
B. Shall execute and acknowledge Easements in the form shown as Attachment 2, conveying
title to the Easements to BUYER, within ten (10) days of the date DISTRICT's Board of
Supervisors approves this sale and authorizes said action.
C. Shall deliver executed Easement Deeds to BUYER upon BUYER's delivery of Purchase Price
to DISTRICT.
D. Makes no warranties or representations whatsoever with regard to the quality of the title to the
Property.
E. Shall provide no title insurance in this transaction.
2. BUYER:
A. Shall, in consideration of the transfer of the Easements by DISTRICT to BUYER, deliver
the Purchase Price to DISTRICT's Public Facilities & Resources Department (PFRD) Real Estate
Services within ten (10) days after execution of this Agreement by DISTRICT.
B. Shall pay all costs in connection with the purchase of the Easements. Such costs may
include but shall not be limited to documentary transfer tax, recording fees, and preliminary
change of ownership fees.
C. Shall accept title to the Easements "as is" subject to all matters affecting the property
whether recorded or unrecorded.
D. Shall have all construction and/or maintenance plans approved in writing by DISTRICT's
Director of PFRD, or designee (hereinafter "Director"), prior to commencement of any
construction and issuance of an encroachment permit.
Js/sJc
06-10-2003
0
Papl.s3
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3. BUYER agrees and acknowledges that DISTRICT shall have no liability, financial or otherwise,
for maintenance, abatement, or remediation of hazardous materials, if any. BUYER further
acknowledges that DISTRICT has made no representations, warranties, or agreements as to any matters
concerning the Property, including, but not limited to, the marketability of title, the land, topography,
climate, air, water, water rights, utilities, present or future zoning, soil, sub -soil, hazardous substances,
waste, or materials, the purpose for which the Property is suited, drainage, access to public roads,
proposed routes or extensions of roads, or the availability of governmental permits or approvals of any
kind. BUYER represents and warrants to DISTRICT that BUYER and BUYER'S representatives and
employees have made their own independent inspection and investigation of the Property and BUYER
agrees to purchase the Property in its "as -is" condition.
4. The terms, covenants, and conditions contained herein shall apply to and bind the heirs,
successors, executors, administrators and assigns of the parties hereto.
5. The failure of DISTRICT or BUYER to insist upon strict performance of any of the terms,
covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy that
DISTRICT or BUYER may have, and shall not be deemed a waiver of the right to require strict
performance of all the terms, covenants, and conditions of the Agreement thereafter, nor a waiver of
any remedy for the subsequent breach or default of any term, covenant, or condition of the Agreement.
Any waiver, in order to be effective, must be signed by the party whose right or remedy is being
waived.
6. Time is of the essence in the performance of the respective obligations contained in this
Agreement. Failure to comply with any time requirement contained herein shall constitute a material
breach of this Agreement.
7. This Agreement shall be governed by and construed according to the laws of the State of
California. The invalidity of any provision in this Agreement, as determined by a court of competent
jurisdiction, shall in no way affect the validity of any other provision hereof.
8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties, and no oral understanding or agreement not incorporated herein shall be binding
on any of the parties.
9. All documents, correspondence, and communications concerning this transaction shall be directed
as follows:
TO: BUYER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
TO: DISTRICT
County of Orange
PFRD Real Estate Services
P.O. Box 4048
Santa Ana, CA 92702-4048
10. This agreement includes the following, which are attached hereto and made apart hereof:
Attachment 1 — Location Map
Attachment 2 - Easement Deed
Js/SJC -2-
05-10-2003
Page 31 of Z
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0
BUYER hereby submits this offer with full knowledge of the terms and conditions contained herein.
APPROVED AS TO FORM:
City Attorney
By:
i
Date: C7
DISTRICT has considered and accepts this offer.
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
ATTES-.
'DARLENE J. BLOOM
Clerk of the Board of Supervisors
Orange County Flood Control District,
Orange County, California
Date: 1D -ZSd -03
APPROVED AS TO FORM:
County Counsel
Date:
isisic
06-10-2003
• �, /.'STRANO
s/---
. m �'Gelff, Mayor
Title:
ATTEST:
Marg r R. Monahan, City Clerk
San J&n Capistrano
DISTRICT:
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and poli oc
By: I Vt�itiuetd(a Sla'r,
Chairman, Board of Supervisors
-3.
Page 3 of 3
ti
.� ,, • ti L01-25 i! i
LOCATION
Page-Ld l
MAP
L01-251
• L02-101.6
•• TRABUCO CREEKCHANNEL L01
cGo LOI.253
CAMINO
`�,} CAPISTRANO
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL
TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk's Office
Mail Tax Statements to:
This is to certify that this document
is exempt from recording fees per
Govt. Code See. 27383 and is exempt
from Documentary Transfer Tax
THIS SPACE FOR RECORDER'S USE ONLY
X Incorporated, City of San Juan Capistrano
Project/Parcel Nos.: L01-252,253
Project: Trabuco Creek Channel
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,
ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic,
hereinafter referred to as "DISTRICT,"
does hereby grant to
THE CITY OF SAN JUAN CAPISTRANO
hereinafter referred to as "GRANTEE,"
two non-exclusive easements for water pipeline purposes over and across that certain real property
described as Parcels 252 and 253 as described in Exhibits "A" and shown on Exhibits `B both attached
hereto and made a part hereof (hereinafter referred to "the Easement Area").
GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility,
commonly referred to as Trabuco Creek Channel (hereinafter "the Channel").
It is understood and agreed by the parties hereto, and their successors and assigns, that the easement and
right of way herein granted shall be subject to the following terms and conditions:
CONSTRUCTION AND MAINTENANCE (PMES2.2 S)
GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT's
Director of Public Facilities and Resources Department or designee (hereinafter referred to as
"DIRECTOR") prior to commencement of any work; and upon completion of any work, GRANTEE
ATTACHMENT Z 1 Page of 7
0 0
shall immediately notify DIRECTOR in writing of such completion. DIRECTOR's approval of
GRANTEE's construction and/or maintenance plans shall not be deemed approval from the standpoint of
structural safety, suitability for purpose or conformance with building or other codes or other
governmental requirements.
GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility,
commonly referred to as Trabuco Channel (hereinafter "the Channel").
GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for
unobstructed flood control operation and maintenance of the Channel by DISTRICT. GRANTEE shall
maintain, at no cost to DISTRICT, all facilities constructed by GRANTEE pursuant to this easement in
good repair and in safe condition.
Should it be necessary for GRANTEE to disturb the surface of the Easement Area subsequent to the
completion of the initial installation of necessary facilities, GRANTEE agrees to notify DIRECTOR in
writing sixty (60) days in advance and to obtain DIRECTOR's written approval of all plans prior to
commencement thereof and to obtain a permit for construction from DISTRICT after payment of normal
processing fees. Said approval shall not be withheld unreasonably, nor shall said approval be necessary
in any emergency situation.
Except in designated environmentally sensitive areas, GRANTEE shall have the right to cut such roots as
may endanger or interfere with said underground facilities and shall have reasonable access to the
Easement Area for the purpose of exercising the rights herein granted; provided, however, that any
excavation shall be made in such a manner as will cause the least injury to the surface of the ground and
any improvements and/or landscaping around such excavation, and that the earth so removed shall be
replaced and the surface of the ground and any improvements and/or landscaping around such
excavation, damaged shall be promptly restored by GRANTEE at its expense to the same condition as
existed prior to excavation, to DIRECTOR's satisfaction. All facilities owned or constructed by
GRANTEE pursuant to this Easement Agreement shall be maintained by GRANTEE in good repair and
in safe condition at no cost to DISTRICT.
2. RESERVATIONS (PMES7.1 S)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial
rights in the Easement Area as will not interfere with or prohibit the use by GRANTEE of the rights and
easement herein granted. In the event (DISTRICT/COUNTY) exercises such rights,
(DISTRICT's/COUNTY'S) only responsibility shall be to backfill with compacted earth to the grade of
the surrounding property following completion of (DISTRICT's/COUNTY's) activity. GRANTEE shall
restore GRANTEE's facilities to the design and grade approved as provided for in Clause 1 above.
3. REMOVAL AND/OR ABANDONMENT (PMES3.1 S)
GRANTEE agrees that in the event (a) GRANTEE's facilities are no longer required, or (b)
GRANTEE's use of said facilities ceases for a continuous period of more than one (1) year without
written notice from GRANTEE to DISTRICT of the circumstances affecting such suspension and of
GRANTEE's intention to resume usage of the facilities, GRANTEE shall, at Director's request and at no
cost to DISTRICT, remove and/or abandon said facilities within ninety (90) days after receipt of written
notice from Director to remove and/or abandon. Following such removal and/or abandonment,
GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior
to the granting of the easement, to Director's satisfaction. GRANTEE shall also execute and record in
the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the
Page 2 of 7
encumbrance of this easement from title to the Easement Area.
4. RELOCATION (PMES4.1 S)
GRANTEE agrees that in the event GRANTEE's facilities shall at any time interfere with the operation,
maintenance, replacement, or improvement of DISTRICT's property as determined by DIRECTOR,
GRANTEE shall, within ninety (90) days of receipt of written notice from DIRECTOR, relocate at
GRANTEE's expense GRANTEE's facilities to a site designated by DIRECTOR. All other terms and
conditions of this Easement Agreement shall remain the same.
5. HOLD HARMLESS (PMES5.1 S)
GRANTEE hereby releases and waives all claims and recourse against DISTRICT, and County of
Orange ("COUNTY") including the right of contribution for loss or damage of persons or property,
arising from, growing out of or in any way connected with or related to this Easement except claims
arising from the concurrent active or sole negligence of DISTRICT and/or COUNTY, their
officers, agents, employees and contractors. GRANTEE hereby agrees to indemnify, defend (with
counsel approved by DISTRICT), and hold harmless, DISTRICT and COUNTY, their elected and
appointed officials, officers, agents, employees and contractors against any and all claims, losses,
demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the
operation or maintenance of the property described herein, and/or GRANTEE's exercise of the rights
under this Easement Agreement, except for liability arising out of the concurrent active or sole
negligence of DISTRICT, and/or COUNTY, their elected and appointed officials, officers, agents,
employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT is
named as co-defendant in a lawsuit, GRANTEE shall notify DISTRICT of such fact and shall represent
DISTRICT in such legal action unless DISTRICT undertakes to represent itself as co-defendant in such
legal action, in which event, GRANTEE shall pay to DISTRICT its litigation costs, expenses, and
attorney's fees. If judgment is entered against DISTRICT and GRANTEE by a court of competent
jurisdiction because of the concurrent active negligence of DISTRICT and GRANTEE, DISTRICT and
GRANTEE agree that liability will be apportioned as determined by the court. Neither party shall
request ajury apportionment.
GRANTEE acknowledges that it is familiar with the language and provisions of California Civil
Code Section 1542 which provides as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if known
by him, must have materially affected his settlement with the debtor.
GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit
of its provisions to the extent described in this paragraph.
6. GRANTEE's LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES 6.1S)
GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought
upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein,
or if contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE
is legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend
with counsel approved by DISTRICT, and hold harmless DISTRICT, COUNTY, and their elected or
appointed officials, officers, agents, and employees from any and all claims, judgments, damages,
penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the
Page 2 of %
9 0
Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees)
which arise during or after GRANTEE's use of the Easement Area as a result of such contamination.
This indemnification includes, without limitation, costs incurred by DISTRICT in connection with any
investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any
federal, state, or local governmental entity or agency because of Hazardous Material being present in the
soil or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost
and expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the
introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained
DISTRICT's written approval and the approval of any necessary governmental entities or agencies.
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or
waste which is or shall become regulated by any governmental entity or agency, including, without
limitation, DISTRICT acting in its governmental capacity, the State of California, or the United States
government.
7. VENUE (PMES9.1 S)
The parties hereto agree that this easement has been negotiated and executed in the State of California
and shall be governed by and construed under the laws of California. In the event of any legal action to
enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to
the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the
parties hereto specifically agree to waive any and all rights to request that an action be transferred for
trial to another county.
S. SEVERABILITY (PMES10.1 S)
If any term, covenant, condition, or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in
full force and effect and shall in no way be affected, impaired, or invalidated thereby.
9. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES8.1 S)
This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which
may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a
covenant against the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance
to GRANTEE of rights in the property which exceed those owned by DISTRICT, or any representation
or warranty, either express or implied, relating to the nature or condition of the property or DISTRICT's
interest therein.
10. SUCCESSORS AND ASSIGNS (PMES 11.1 S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors,
executors, administrators, and assigns of the parties hereto.
11. CALENDAR DAYS (PMES6.1 S)
Any reference to the word "day" or "days" herein, shall mean calendar day or calendar days,
respectively, unless otherwise expressly provided.
Pagelof 7
12. ATTORNEY'S FEES (PMES14.1 S)
In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where
any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees and
costs.
13. AMENDMENTS (PMES16.1 S)
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed
by the parties hereto, and no oral understanding or agreement shall be binding on any of the parties
unless incorporated herein. Any amendment or cancellation of this Agreement shall be recorded in the
Official Records of the County of Orange.
14. AUTHORITY (PMES17.1 S)
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
15. WAIVER OF RIGHTS (PMES19.1 S)
The failure of the DISTRICT to insist upon strict performance of any of the terms, covenants, or
conditions of this Agreement shall not be deemed a waiver of any right or remedy that DISTRICT may
have, a waiver of the right to require strict performance of all the terms, covenants, and conditions of this
Agreement thereafter, or a waiver of any remedy for the subsequent breach or default of any term,
covenant, or condition of this Agreement.
16. NOTICES (PMES21.1 S)
All notices, documents, correspondence, and communications concerning this easement shall be
addressed as set forth in this paragraph, or as the parties may hereafter designate by written notice, and
shall be sent through the United States mail, duly registered or certified with postage prepaid. Any such
mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each party may
change the address for notices by giving the other party at least ten (10) calendar days prior written
notice of the new address.
Notwithstanding the above, DISTRICT may also provide notices, documents, correspondence, or such
other communications to GRANTEE by personal delivery, regular mail, or facsimile and, so given, shall
be deemed to have been given upon receipt if provided by personal delivery or facsimile, or forty-eight
(48) hours after mailing if provided by regular mail.
DISTRICT
Orange County Flood Control District
c/o PFRD Real Estate Services
300 N. Flower Street
P.O. Box 4048
Santa Ana, CA 92702-4048
GRANTEE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: City Clerk's Office
Page 5 of
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17. ENTIRE AGREEMENT (PMES12.1 S)
This Agreement contains the entire agreement between the parties hereto with respect to the matters
herein and there are no restrictions, promises, warranties, or undertakings other than those set forth or
referred to herein.
18. ATTACHMENTS TO DOCUMENT (PMES20.1 S)
This document includes the following, which are attached hereto and made a part hereof:
Exhibits "A" (Legal Description)
Exhibits `B "(Map)
Page & of 7
11
Signed and certified that a copy of
this document has been delivered to
the Chairman of the Board.
Attest:
By:
DARLENE J. BLOOM
Clerk of the Board of Supervisors,
Orange County Flood Control District
Orange County, California
Approved as to form:
County Counsel
By
Date
DISTRICT
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
By:
Chairman of the Board
Document: Easement Deed
DISTRICT/Grantee: Orange County Flood Control District/ City of San Juan Capistrano
STATE OF CALIFORNIA )
) SS ACKNOWLEDGEMENT
COUNTY OF ORANGE )
On , 2003 before me,
Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) 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.
WITNESS my hand and official seal.
Signature
Page 7 of
0
EXHIBIT "A"
LEGAL DESCRIPTION
FACILITY NO.: L01
PARCEL NO.: 252
A STRIP OF LAND, 15.00 FEET WIDE, SITUATED IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING 7.50
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE NORTH EAST CORNER OF TRACT NO. 7616 AS PER MAP
FILED IN BOOK 350, PAGES 1-5 OF MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE
EASTERLY LINE OF SAID TRACT AS SHOWN ON RECORD OF SURVEY NO.
87-1004 AS PER MAP FILED IN RECORD OF SURVEY BOOK 122, PAGES 28-46
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH
6046'52" WEST 74.44 FEET; THENCE SOUTH 83°20'46" EAST 48.15 FEET;
THENCE NORTH 48039'14" EAST 19.72 FEET TO THE SOUTH WESTERLY LINE
OF PARCEL NO. LO1S01-101, O.R. 8727-783, AS SHOWN ON SAID RECORD OF
SURVEY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 48039'14" EAST 176.06 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2194.00 FEET, A
RADIAL LINE TO WHICH BEARS NORTH 52°08'26" WEST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03016'27", A LENGTH OF 125.38 FEET TO THE NORTH WESTERLY LINE OF
PARCEL NO. L01 -206, O.R. 6108-9, AS SHOWN ON SAID RECORD OF SURVEY.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO
AS TO MEET AT ANGLE POINTS AND TO COMMENCE IN THE SOUTH
WESTERLY LINE OF O.R. 8727-783 AND TO TERMINATE IN THE NORTH
WESTERLY LINE OF SAID PARCEL NO. L01-206, O.R. 6108-9 BOTH AS SHOWN
ON SAID RECORD OF SURVEY.
CONTAINING 4523 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B", THE SKETCH TO ACCOMPANY THIS
DESCRIPTION, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY:
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EXHIBIT "A"
LEGAL DESCRIPTION
FACILITY NO.: L01
PARCEL NO.: 253
THE LAND SITUATED IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED IN A DEED TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT IN BOOK 6228, PAGE 365 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
LYING WITHIN A STRIP OF LAND 8.50 FEET WIDE, THE NORTHERLY LINE OF
WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT PARTICULAR
COURSE SHOWN AS "N 53013'42" E 440.91"' FOR THE SOUTHEASTERLY LINE
OF PARCEL MAP NO. 79-851 FILED IN PARCEL MAP BOOK 141, PAGES 40 AND
41 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG THE SOUTHERLY LINE OF PARCEL "A" OF SAID MAP AND IT'S
EASTERLY PROLONGATION SOUTH 77050'30" EAST 38.08 FEET TO THE
WESTERLY LINE OF CAMINO CAPISTRANO AS SHOWN ON RECORD OF
SURVEY 87-1004, FILED IN BOOK 122, PAGES 28-46 OF RECORD OF SURVEYS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
CONTAINING 356 SQUARE FEET, MORE OR LESS.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO
AS TO COMMENCE AT THE SOUTHEASTERLY LINE OF SAID PARCEL "A"
AND TO TERMINATE AT THE WESTERLY LINE OF CAMINO CAPISTRANO AS
SHOWN ON SAID RECORD OF SURVEY.
ALL AS SHOWN ON EXHIBIT 'B", THE SKETCH TO ACCOMPANY THIS
DESCRIPTION, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY:
EXP. 12-31-06
D. MARK WARE, PLS 5031
LICENSE EXP. DATE: 12/31105 N0 5031
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PREPARED BY:
WARE ENTERPRISES, INC.
2109 NA OANLAN
SAN CL£MENM CA 9167J
PHONE. 949-661-9156
FAX 949-366-9611
EMAIL: PLS50310PACOEU-NET
A MAW WAR!~ P.4S 50.71 DA fE
LICENSE EXNBPAY M• 12-31-05
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NO. 5031
PAGE 2 OF 2 1
DNG%CVWD\.LLNT SITE E411n1ENTPMORE PIPELINE E4MMENTS 4.15-WISEGMENT L OCFCD EASEMENT BEHIND VOLAS 7-21.03 E% B.ON9. 07121/2003 00:11:35 PM. PDF99S.
B! EMERNSES. INC. - LAW SMYErNE
Page 2 of Z
0 0
COUNTY OF ORANGE
n tic
PUBLIC FACILITIES & RESOURCES DEPARTMENT
�LIFO:�
October 30, 2003
Kathleen Springer, Management Analyst
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Vick' L. Wilson, Director
300 N. Flower Street
Santa Ana, CA
P.O. Box 4048
Santa Ana, CA 92702-4048
Telephone: (714) 834-2300
Fax: (714) 834-5188
Re: Purchase Agreements and Easement Deeds for the City's Desalination Facility
Project Nos.: Parcels L01-251, 1-01-252, L01-253, & L02-101.6
Dear Ms. Springer:
Enclosed please find the original fully executed copies of the two purchase agreements,
easements deeds, temporary construction easement and a minute order approving the
transactions. The deeds are ready for recording upon the City's acceptance. I can be
reached at (714) 834-5585, if you require further assistance.
Sincerely,
Jack Stribling
Real Property Agent
Attachments: Purchase Agreements (2)
Easement Deeds (2)
Temporary Construction Easement (1)
Board of Supervisor's Minute Order (1)
ORANGE COUNTY BOARD OF SUPERVISORS
ACTING AS THE ORANGE COUNTY FLOOD CONTROL DISTRICT
MINUTE ORDER
October 28, 2003
SubmittinvAeency/Department: PUBLIC FACILITIES AND RESOURCES DEPARTMENT
Approve agreements with and easement deeds to San Juan Capistrano for Trabuco Creek Channel; and make California
Environmental Quality Act and other findings - District 5
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER ❑
Unanimous ® (1) SMITH: Y (2) SILVA: Y (3) CAMPBELL: Y (4) NORBY: Y (5) WILSON: Y
Vote Key: Y= Yes; N=No; A=Abstain; X=Excused; B.O. =Board Order
Documents accompanying this matter:
❑ Resolution(s)
❑ Ordinances(s)
❑ Contract(s)
Item No. 16
Special Notes:
Copies sent to:
CEO
PFRD: Jack Stribling
Auditor
I certify that the foregoing is a true and correct copy of the Minute Order
adopted by the Board of Supervisors, Acting as the Orange County Flood
Control District, Orange County, State of California.
DARLENE J. BLOOM, Clerk of the Board
By: K w
Deputy
1
Bob Wilson. Director/Internal Services DATE Vicki L. Wilson, Director
AGENCYIDEPT. U>•
CLERK USE ONLY
AGENDA ITEM TRANSMITTAL
-
CEO REVIEW
4Y g O CONSENT ®
2 r X71
� DISCUSSION ❑ `
-
',�(o cur
'L�FOA�~Y
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i�i-FL^ro��Concur
PUBLIC HEARING
TO: BOARD OF SUPERVISORS COUNTYFlJRANGE
; l.{,
CON GR INFORMATION PHONE
FROM: PUBLIC FACILITIES 8 RESOURCES DEPARTMENT
Jack Stribling 714-834-5585
FILE: L01-251,252,253, L02-101.5
Donna Garza R 5 714-834-5411
MEETING DATE
SUBJECT
SUPV. DIST.
October 28, 2003
Sale of Easements - Trabuco Creek Channel - City of San Juan Capistrano
1 5
SUMMARY OF REQUEST (Description for agenda)
Public Facilities and Resources Department requests approval of the sale of three pipeline easements and a
temporary construction easement to the City of San Juan Capistrano.
ADDITIONAL DATA:
The City of San Juan Capistrano proposes to purchase pipeline easements totaling 0.328 acres and a 1.532
acre temporary construction easement across Orange County Flood Control District (District) owned property in
order to construct a water desalination facility. The total purchase price for the easements is $39,700. District
staff has determined that the sale of said easements will not interfere with routine District operations.
Legal Requirements:
CEQA: The proposed project is Categorically Exempt (Class 5) from CEQA per Section 15305 of CEQA
Guidelines, because it involves a minor alteration in the land use limitations, which do not result in any changes
in land use or density.
GPC: The project is in conformance with the City of San Juan Capistrano's General Plan.
PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM:
None
FUNDING SOURCff(S)
CURRENT YEAR COST
ANNUAL COST
BUDGETED? 0 YES NO
Flood 400
($39,700)
0
Revenue Producing Agreement
WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL?
CONSISTENT WITH BOARD POLICY?
® NO IF YES, STATE NUMBER PERMANENT LIMITED TERM
® YES ❑ NEW REM OR EXCEPTION
RECOMMENDED ACTION
Acting as the Board of Supervisors for the Orange County Flood Control District:
1. Find that the proposed project is Categorically Exempt (Class 5) from the provisions of CEQA pursuant to
Guidelines Section 15305.
2. Find that the property interest being conveyed will not interfere with routine District use of the property.
3. Approve the Purchase Agreements and Easement Deeds for parcels L01-251, L01-252, L01-253 and the
Temporary Construction Easement 1-02-101.6 and return the executed agreements and notarized deeds to
PFRD Real Estate Services.
CONCURRENCES (If applicable)
ATTACHMENTS
Location Map, Purchase Agreement (2), Easement
Deed (2), Temporary Construction Easement Deed
Bob Wilson. Director/Internal Services DATE Vicki L. Wilson, Director
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
www_ sonjuancapistrano. org
dean
"Al
IAIOAIOIA1l4
IVAIuiAI, 1961
1776
TRANSMITTAL
TO: Kathleen Springer, Management Analyst I,
FROM: Meg Monahan, CMC, City Clerk
RE:
Orange County Flood Control Di:
of pipeline easement.
DATE: October 8, 2003
INTERIM CITY MANAGER
PAMELAGIBSON
— related to the purchase
Enclosed, please find
(3) original, executed agreements and a minute extract related to this item. This
agreement was approved by the City Council at their meeting of October 9, 2003.
Please return (1) fully executed, original agreement when completed — to my attention,
after the document is approved and executed by the OCFCD
You may reach me at (949) 443-6308, should you have any questions.
Thank you,
Cc: VA4yAmirani, Public Works Director
San Juan Capistrano: Preserving the Past to Enhance the Future
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
JOHN S. GELFF
WYATT HART
JOESOTO
DAVID M. SWERDLIN
INTERIM CITY MANAGER
PAMELAGIBSON
— related to the purchase
Enclosed, please find
(3) original, executed agreements and a minute extract related to this item. This
agreement was approved by the City Council at their meeting of October 9, 2003.
Please return (1) fully executed, original agreement when completed — to my attention,
after the document is approved and executed by the OCFCD
You may reach me at (949) 443-6308, should you have any questions.
Thank you,
Cc: VA4yAmirani, Public Works Director
San Juan Capistrano: Preserving the Past to Enhance the Future
10/7/2003
AGENDA ITEM D 9
TO: Pamela Gibson, Interim City Manager
FROM: Amy Amirani, Public Works Director
SUBJECT: Consideration of a Purchase Agreement for Two Pipeline Easements
Related to the Groundwater Recovery Plant (Orange County Flood
Control District) (CIP# 758)
RECOMMENDATION:
By motion,
1. Approve the purchase agreement between the Orange County Flood Control District
and the City of San Juan Capistrano; and,
2. Authorize the Mayor to execute the agreement; and,
3. Adopt the attached resolution accepting the grant of the two pipeline easements.
SITUATION:
A. Summary and Recommendation
Due to the construction of the Groundwater Recovery Plant, it is necessary to purchase
two pipeline easements across the Orange County Flood Control District's property, in
the San Juan Creek Channel. The first is located near the intersection of San Juan
Creek and the extension of Mariner Road. The second easement is located near the
Southwest corner of the intersection of San Juan Creek and Camino Capistrano, behind
Vons. As part of the Service Contract with ECO Resources, Inc. (ECO), the City is
required to accept such easements, as ECO is required to obtain them, for the
construction of the Groundwater Recovery Plant.
ECO has caused the Purchase Agreement to be prepared and will pay all costs,
including the cost of the purchase price, along with covering, by way of the Service
Contract, all liabilities discussed in the attached Purchase Agreement.
The Purchase Agreement and the attendant easement agreements carry certain
statements regarding the City's liability for negligence or misconduct. The Service
Contract for the Groundwater Recover Plant has indemnification provisions that will
protect the City from the negligence or willful misconduct of ECO, or its contractors, in
performing construction work at the property.
FOR CITY COUNCIL AGENDA.aR
0
Agenda Item
Page 2
0
October 7. 2003
Staff recommends approval of the Purchase Agreement with the Orange County Flood
Control District for two pipeline easements.
B. Background
The Ground Water Recovery Plant construction requires several easements. One
easement was presented at the September 16, 2003, City Council meeting. The two
easements identified in the attached report are another part of the project. The price for
these easements is $6,200. In order to maintain the construction schedule, more
easements may be presented.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable
FINANCIAL CONSIDERATIONS:
ECO Resources, Inc. will pay the purchase price and all fees associated with the
Purchase Agreement and the related easement acquisitions.
NOTIFICATION:
ECO Resources, Inc.
Orange County Flood Control
ALTERNATE ACTIONS:
1 a) Approve the purchase agreement between the Orange County Flood Control
District and the City of San Juan Capistrano; and,
b) Authorize the Mayor to execute the agreement; and,
c) Adopt the attached resolution accepting the grant of the two pipeline easements.
2. Refer to staff for additional information.
0
Agenda Item
Paae 3
RECOMMENDATION:
By motion,
October 7, 2003
1. Approve the purchase agreement between the Orange County Flood Control District
and the City of San Juan Capistrano; and,
2. Authorize the Mayor to execute the agreement; and,
3. Adopt the attached resolution accepting the grant of the two pipeline easements.
Respectfully submitted,
Amy Almirani
Public Works Director
Attachments: 1. Purchase Agreement
2. Resolution
3. Location Map
Note: Easement Deeds are included in Attachment 1 (Purchase Agreement).
1-01-252,253 .
Trabuso Creek Channel
0
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (Agreement) is made , 2003, by and between the
ORANGE COUNTY FLOOD CONTROL DISTRICT, hereinafter referred to as "DISTRICT" and CITY
OF SAN JUAN CAPISTRANO, hereinafter referred to as "BUYER."
RECITALS
A. DISTRICT owns the real property, hereinafter referred to as the "Property," as shown on
Attachment 1 attached hereto and made a part hereof.
B. BUYER has offered to purchase two Pipeline Easements (Easements) across DISTRICT's Property
for Six Thousand and Two Hundred Dollars ($6,200).
C. DISTRICT is willing to sell Easements to BUYER subject to the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained
DISTRICT and BUYER agree as follows:
DISTRICT:
A. Accepts BUYER's offer to purchase the subject Easements for Six Thousand and Two
Hundred Dollars ($6,200), which amount is hereinafter referred to as "Purchase Price."
B. Shall execute and acknowledge Easements in the form shown as Attachment 2, conveying
title to the Easements to BUYER, within ten (10) days of the date DISTRICT's Board of
Supervisors approves this sale and authorizes said action.
C. Shall deliver executed Easement Deeds to BUYER upon BUYER's delivery of Purchase Price
to DISTRICT.
D. Makes no warranties or representations whatsoever with regard to the quality of the title to the
Property.
E. Shall provide no title insurance in this transaction.
2. BUYER:
A. Shall, in consideration of the transfer of the Easements by DISTRICT to BUYER, deliver
the Purchase Price to DISTRICT's Public Facilities & Resources Department (PFRD) Real Estate
Services within ten (10) days after execution of this Agreement by DISTRICT.
B. Shall pay all costs in connection with the purchase of the Easements. Such costs may
include but shall not be limited to documentary transfer tax, recording fees, and preliminary
change of ownership fees.
C. Shall accept title to the Easements "as is" subject to all matters affecting the property
whether recorded or unrecorded.
D. Shall have all construction and/or maintenance plans approved in writing by DISTRICT's
Director of PFRD, or designee (hereinafter "Director"), prior to commencement of any
construction and issuance of an encroachment permit.
ATTACHMENT
6-10-
0 -1- Pap. �`.
06-r0-2003
0 0
3. BUYER agrees and acknowledges that DISTRICT shall have no liability, financial or otherwise,
for maintenance, abatement, or remediation of hazardous materials, if any. BUYER further
acknowledges that DISTRICT has made no representations, warranties, or agreements as to any matters
concerning the Property, including, but not limited to, the marketability of title, the land, topography,
climate, air, water, water rights, utilities, present or future zoning, soil, sub -soil, hazardous substances,
waste, or materials, the purpose for which the Property is suited, drainage, access to public roads,
proposed routes or extensions of roads, or the availability of governmental permits or approvals of any
kind. BUYER represents and warrants to DISTRICT that BUYER and BUYERS representatives and
employees have made their own independent inspection and investigation of the Property and BUYER
agrees to purchase the Property in its "as -is" condition.
4. The terms, covenants, and conditions contained herein shall apply to and bind the heirs,
successors, executors, administrators and assigns of the parties hereto.
5. The failure of DISTRICT or BUYER to insist upon strict performance of any of the terms,
covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy that
DISTRICT or BUYER may have, and shall not be deemed a waiver of the right to require strict
performance of all the terms, covenants, and conditions of the Agreement thereafter, nor a waiver of
any remedy for the subsequent breach or default of any tern, covenant, or condition of the Agreement.
Any waiver, in order to be effective, must be signed by the party whose right or remedy is being
waived.
6. Time is of the essence in the performance of the respective obligations contained in this
Agreement. Failure to comply with any time requirement contained herein shall constitute a material
breach of this Agreement.
7. This Agreement shall be governed by and construed according to the laws of the State of
California. The invalidity of any provision in this Agreement, as determined by a court of competent
jurisdiction, shall in no way affect the validity of any other provision hereof.
S. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties, and no oral understanding or agreement not incorporated herein shall be binding
on any of the parties.
9. All documents, correspondence, and communications concerning this transaction shall be directed
as follows:
TO: BUYER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
TO: DISTRICT
County of Orange
PFRD Real Estate Services
P.O. Box 4048
Santa Ana, CA 92702-4048
10. This agreement includes the following, which are attached hereto and made apart hereof:
Attachment 1 — Location Map
Attachment 2 - Easement Deed
JSlsJc -2.
06-10-2003
Page L of 3
0
0
BUYER hereby submits this offer with full knowledge of the terms and conditions contained herein.
APPROVED AS TO FORM:
City Attorney
By:
A.,--
Date:-
DISTRICT has considered and accepts this offer.
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
ATTEST:
DARLENE J. BLOOM
Clerk of the Board of Supervisors
Orange County Flood Control District,
Orange County, California
Date:
BUYER:
CITY OF SAN JUAN CAPISTRANO
Titte:
Title:
DISTRICT:
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
IN
Chairman, Board of Supervisors
APPROVED AS TO FORM:
County Counsel
By: 1 ,
Date:
Nsic 3. Page 3 of 3
06-70-2003
L~`
LOCATION
Page=of L
MAP
0
L01-251
L02-101.6
' +' rRM. _. CO CREEK CHANNEL • L02
•
wK •. •
L01.253
_ CAMINO
~� CAPISTRANO
0
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL
TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk's Office
Mail Tax Statements to:
As shown above
This is to certify that this document
is exempt from recording fees per
Govt. Code Sec. 27383 and is exempt
from Documentary Transfer Tax
0
THIS SPACE FOR RECORDER'S USE ONLY
X Incorporated, City of San Juan Capistrano
Project/Parcel Nos.: L01-252,253
Project: Trabuco Creek Channel
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,
ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic,
hereinafter referred to as "DISTRICT,"
does hereby grant to
THE CITY OF SAN JUAN CAPISTRANO
hereinafter referred to as "GRANTEE,"
two non-exclusive easements for water pipeline purposes over and across that certain real property
described as Parcels 252 and 253 as described in Exhibits "A" and shown on Exhibits `B both attached
hereto and made a part hereof (hereinafter referred to "the Easement Area").
GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility,
commonly referred to as Trabuco Creek Channel (hereinafter "the Channel").
It is understood and agreed by the parties hereto, and their successors and assigns, that the easement and
right of way herein granted shall be subject to the following terms and conditions:
1. CONSTRUCTION AND MAINTENANCE (PMES2.2 S)
GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT's
Director of Public Facilities and Resources Department or designee (hereinafter referred to as
"DIRECTOR") prior to commencement of any work; and upon completion of any work, GRANTEE
ATTACHMENT2— 1 Page of %
i i
shall immediately notify DIRECTOR in writing of such completion. DIRECTOR's approval of
GRANTEE's construction and/or maintenance plans shall not be deemed approval from the standpoint of
structural safety, suitability for purpose or conformance with building or other codes or other
governmental requirements.
GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility,
commonly referred to as Trabuco Channel (hereinafter "the Channel").
GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for
unobstructed flood control operation and maintenance of the Channel by DISTRICT. GRANTEE shall
maintain, at no cost to DISTRICT, all facilities constructed by GRANTEE pursuant to this easement in
good repair and in safe condition.
Should it be necessary for GRANTEE to disturb the surface of the Easement Area subsequent to the
completion of the initial installation of necessary facilities, GRANTEE agrees to notify DIRECTOR in
writing sixty (60) days in advance and to obtain DIRECTOR's written approval of all plans prior to
commencement thereof and to obtain a permit for construction from DISTRICT after payment of normal
processing fees. Said approval shall not be withheld unreasonably, nor shall said approval be necessary
in any emergency situation.
Except in designated environmentally sensitive areas, GRANTEE shall have the right to cut such roots as
may endanger or interfere with said underground facilities and shall have reasonable access to the
Easement Area for the purpose of exercising the rights herein granted; provided, however, that any
excavation shall be made in such a manner as will cause the least injury to the surface of the ground and
any improvements and/or landscaping around such excavation, and that the earth so removed shall be
replaced and the surface of the ground and any improvements and/or landscaping around such
excavation, damaged shall be promptly restored by GRANTEE at its expense to the same condition as
existed prior to excavation, to DIRECTOR's satisfaction. All facilities owned or constructed by
GRANTEE pursuant to this Easement Agreement shall be maintained by GRANTEE in good repair and
in safe condition at no cost to DISTRICT.
2. RESERVATIONS (PMES7.1 S)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial
rights in the Easement Area as will not interfere with or prohibit the use by GRANTEE of the rights and
easement herein granted. In the event (DISTRICT/COUNTY) exercises such rights,
(DISTRICT's/COUNTY'S) only responsibility shall be to backfill with compacted earth to the grade of
the surrounding property following completion of (DISTRICT's/COUNTY's) activity. GRANTEE shall
restore GRANTEE's facilities to the design and grade approved as provided for in Clause l above.
3. REMOVAL AND/OR ABANDONMENT (PMES3.1 S)
GRANTEE agrees that in the event (a) GRANTEE's facilities are no longer required, or (b)
GRANTEE's use of said facilities ceases for a continuous period of more than one (1) year without
written notice from GRANTEE to DISTRICT of the circumstances affecting such suspension and of
GRANTEE's intention to resume usage of the facilities, GRANTEE shall, at Director's request and at no
cost to DISTRICT, remove and/or abandon said facilities within ninety (90) days after receipt of written
notice from Director to remove and/or abandon. Following such removal and/or abandonment,
GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior
to the granting of the easement, to Director's satisfaction. GRANTEE shall also execute and record in
the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the
Page 2 of?
0 0
encumbrance of this easement from title to the Easement Area.
4. RELOCATION (PMES4.1 S)
GRANTEE agrees that in the event GRANTEE's facilities shall at any time interfere with the operation,
maintenance, replacement, or improvement of DISTRICT's property as determined by DIRECTOR,
GRANTEE shall, within ninety (90) days of receipt of written notice from DIRECTOR, relocate at
GRANTEE's expense GRANTEE's facilities to a site designated by DIRECTOR. All other terms and
conditions of this Easement Agreement shall remain the same.
5. HOLD HARMLESS (PMES5.1 S)
GRANTEE hereby releases and waives all claims and recourse against DISTRICT, and County of
Orange ("COUNTY") including the right of contribution for loss or damage of persons or property,
arising from, growing out of or in any way connected with or related to this Easement except claims
arising from the concurrent active or sole negligence of DISTRICT and/or COUNTY, their
officers, agents, employees and contractors. GRANTEE hereby agrees to indemnify, defend (with
counsel approved by DISTRICT), and hold harmless, DISTRICT and COUNTY, their elected and
appointed officials, officers, agents, employees and contractors against any and all claims, losses,
demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the
operation or maintenance of the property described herein, and/or GRANTEE's exercise of the rights
under this Easement Agreement, except for liability arising out of the concurrent active or sole
negligence of DISTRICT, and/or COUNTY, their elected and appointed officials, officers, agents,
employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT is
named as co-defendant in a lawsuit, GRANTEE shall notify DISTRICT of such fact and shall represent
DISTRICT in such legal action unless DISTRICT undertakes to represent itself as co-defendant in such
legal action, in which event, GRANTEE shall pay to DISTRICT its litigation costs, expenses, and
attorney's fees. If judgment is entered against DISTRICT and GRANTEE by a court of competent
jurisdiction because of the concurrent active negligence of DISTRICT and GRANTEE, DISTRICT and
GRANTEE agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
GRANTEE acknowledges that it is familiar with the language and provisions of California Civil
Code Section 1542 which provides as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if known
by him, must have materially affected his settlement with the debtor.
GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit
of its provisions to the extent described in this paragraph.
6. GRANTEE's LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES 6.1S)
GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought
upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein,
or if contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE
is legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend
with counsel approved by DISTRICT, and hold harmless DISTRICT, COUNTY, and their elected or
appointed officials, officers, agents, and employees from any and all claims, judgments, damages,
penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the
Page 2 of %
0
Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees)
which arise during or after GRANTEE's use of the Easement Area as a result of such contamination.
This indemnification includes, without limitation, costs incurred by DISTRICT in connection with any
investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any
federal, state, or local governmental entity or agency because of Hazardous Material being present in the
soil or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost
and expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the
introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained
DISTRICT's written approval and the approval of any necessary governmental entities or agencies.
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or
waste which is or shall become regulated by any governmental entity or agency, including, without
limitation, DISTRICT acting in its governmental capacity, the State of California, or the United States
government.
VENUE (PMES9.1 S)
The parties hereto agree that this easement has been negotiated and executed in the State of California
and shall be governed by and construed under the laws of California. In the event of any legal action to
enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to
the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the
parties hereto specifically agree to waive any and all rights to request that an action be transferred for
trial to another county.
8. SEVERABILITY (PMES10.1 S)
If any term, covenant, condition, or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in
full force and effect and shall in no way be affected, impaired, or invalidated thereby.
9. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES8.1 S)
This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which
may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a
covenant against the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance
to GRANTEE of rights in the property which exceed those owned by DISTRICT, or any representation
or warranty, either express or implied, relating to the nature or condition of the property or DISTRICT's
interest therein.
10. SUCCESSORS AND ASSIGNS (PMES 11.1 S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors,
executors, administrators, and assigns of the parties hereto.
11. CALENDAR DAYS (PMES6.1 S)
Any reference to the word "day" or "days" herein, shall mean calendar day or calendar days,
respectively, unless otherwise expressly provided.
Pagey—of 7
0 0
12. ATTORNEY'S FEES (PMES14.1 S)
In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where
any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees and
costs.
13. AMENDMENTS (PMES16.1 S)
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed
by the parties hereto, and no oral understanding or agreement shall be binding on any of the parties
unless incorporated herein. Any amendment or cancellation of this Agreement shall be recorded in the
Official Records of the County of Orange.
14. AUTHORITY (PMES17.1 S)
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
15. WAIVER OF RIGHTS (PMES19.1 S)
The failure of the DISTRICT to insist upon strict performance of any of the terms, covenants, or
conditions of this Agreement shall not be deemed a waiver of any right or remedy that DISTRICT may
have, a waiver of the right to require strict performance of all the terms, covenants, and conditions of this
Agreement thereafter, or a waiver of any remedy for the subsequent breach or default of any term,
covenant, or condition of this Agreement.
16. NOTICES (PMES21.1 S)
All notices, documents, correspondence, and communications concerning this easement shall be
addressed as set forth in this paragraph, or as the parties may hereafter designate by written notice, and
shall be sent through the United States mail, duly registered or certified with postage prepaid. Any such
mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each party may
change the address for notices by giving the other party at least ten (10) calendar days prior written
notice of the new address.
Notwithstanding the above, DISTRICT may also provide notices, documents, correspondence, or such
other communications to GRANTEE by personal delivery, regular mail, or facsimile and, so given, shall
be deemed to have been given upon receipt if provided by personal delivery or facsimile, or forty-eight
(48) hours after mailing if provided by regular mail.
DISTRICT
Orange County Flood Control District
c/o PFRD Real Estate Services
300 N. Flower Street
P.O. Box 4048
Santa Ana, CA 92702-4048
GRANTEE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: City Clerk's Office
Page 5 of 7
0 0
17. ENTIRE AGREEMENT (PMES12.1 S)
This Agreement contains the entire agreement between the parties hereto with respect to the matters
herein and there are no restrictions, promises, warranties, or undertakings other than those set forth or
referred to herein.
18. ATTACHMENTS TO DOCUMENT (PMES20.1 S)
This document includes the following, which are attached hereto and made a part hereof:
Exhibits "A" (Legal Description)
Exhibits "B "(Map)
Page & of 7
Signed and certified that a copy of
this document has been delivered to
the Chairman of the Board.
Attest:
By:
DARLENE J. BLOOM
Clerk of the Board of Supervisors,
Orange County Flood Control District
Orange County, California
Approved as to form:
County Counsel
By —
Date
i
DISTRICT
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
0
Chairman of the Board
Document: Easement Deed
DISTRICT/Grantee: Orange County Flood Control District/ City of San Juan Capistrano
STATE OF CALIFORNIA
) SS
COUNTY OF ORANGE
On
ACKNOWLEDGEMENT
2003 before me,
Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) 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.
WITNESS my hand and official seal.
Signature
Page 7 of 7
EXHIBIT "A"
LEGAL DESCRIPTION
FACILITY NO.: L01
PARCEL NO.: 252
A STRIP OF LAND, 15.00 FEET WIDE, SITUATED IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING 7.50
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE NORTH EAST CORNER OF TRACT NO. 7616 AS PER MAP
FILED IN BOOK 350, PAGES 1-5 OF MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE
EASTERLY LINE OF SAID TRACT AS SHOWN ON RECORD OF SURVEY NO.
87-1004 AS PER MAP FILED IN RECORD OF SURVEY BOOK 122, PAGES 28-46
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH
6046'52" WEST 74.44 FEET; THENCE SOUTH 83°20'46" EAST 48.15 FEET;
THENCE NORTH 48039'14" EAST 19.72 FEET TO THE SOUTH WESTERLY LINE
OF PARCEL NO. L01S01-101, O.R. 8727-783, AS SHOWN ON SAID RECORD OF
SURVEY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 48039'14" EAST 176.06 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2194.00 FEET, A
RADIAL LINE TO WHICH BEARS NORTH 52008'26" WEST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03°16'27", A LENGTH OF 125.38 FEET TO THE NORTH WESTERLY LINE OF
PARCEL NO. L01-206, O.R. 6108-9, AS SHOWN ON SAID RECORD OF SURVEY,
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO
AS TO MEET AT ANGLE POINTS AND TO COMMENCE IN THE SOUTH
WESTERLY LINE OF O.R. 8727-783 AND TO TERMINATE IN THE NORTH
WESTERLY LINE OF SAID PARCEL NO. LO 1-206, O.R. 6108-9 BOTH AS SHOWN
ON SAID RECORD OF SURVEY.
CONTAINING 4523 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT `B", THE SKETCH TO ACCOMPANY THIS
DESCRIPTION, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY:
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LEGAL DESCRIPTION
FACILITY NO.: L01
PARCEL NO.: 253
THE LAND SITUATED IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED IN A DEED TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT IN BOOK 6228, PAGE 365 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
LYING WITHIN A STRIP OF LAND 8.50 FEET WIDE, THE NORTHERLY LINE OF
WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT PARTICULAR
COURSE SHOWN AS "N 53013'42" E 440.91"' FOR THE SOUTHEASTERLY LINE
OF PARCEL MAP NO. 79-851 FILED IN PARCEL MAP BOOK 141, PAGES 40 AND
41 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: THENCE
ALONG THE SOUTHERLY LINE OF PARCEL "A" OF SAID MAP AND IT'S
EASTERLY PROLONGATION SOUTH 77050'30" EAST 38.08 FEET TO THE
WESTERLY LINE OF CAMINO CAPISTRANO AS SHOWN ON RECORD OF
SURVEY 87-1004, FILED IN BOOK 122, PAGES 28-46 OF RECORD OF SURVEYS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
CONTAINING 356 SQUARE FEET, MORE OR LESS.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO
AS TO COMMENCE AT THE SOUTHEASTERLY LINE OF SAID PARCEL "A"
AND TO TERMINATE AT THE WESTERLY LINE OF CAMINO CAPISTRANO AS
SHOWN ON SAID RECORD OF SURVEY.
ALL AS SHOWN ON EXHIBIT "B", THE SKETCH TO ACCOMPANY THIS
DESCRIPTION, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY:
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Page 2 of 2
RESOLUTION NO. 03-10-07-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING GRANT OF TWO EASEMENT
DEEDS (ORANGE COUNTY FLOOD CONTROL DISTRICT)
(GROUNDWATER RECOVERY PLANT) (CIP# 758)
WHEREAS, associated with the construction of the Groundwater Recovery
Plant, two easements are required to be granted to the City of San Juan Capistrano, which
is over a portion of real property owned by the Orange County Flood Control District; and,
WHEREAS, the owners of said real property described as Trabuco Creek
Channel have granted the necessary easements described as 1-01-252 and 1-01-253; and,
WHEREAS, all fees associated with the Purchase Agreement and the related
easement acquisitions will be paid for by the City's contractor, ECO Resources, Inc.; and,
WHEREAS, the City finds the two easement deeds to be in order and
acceptable for recording.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano, as follows:
adopted.
L01-253.
Resolution.
ATTEST:
SECTION 1. That the Resolution accepting two easement deeds is hereby
SECTION 2. That the City accepts the offer of easements L01-252 and
SECTION 2. The Mayor and City Clerk are hereby authorized to execute the
PASSED, APPROVED, AND ADOPTED this 7th day of October 2003.
B
v l
JOHN MAYOR
10-07-03
0 •
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. 03-10-07-04 was duly adopted by
the CitX Council of the City of San Juan Capistrano at a regular meeting thereof, held
the 10 day of October 2003, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto and Mayor Gelff
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
A GARET R. MONAHAN, City Clerk
10-07-03
THE CITY OF
SAN JUAN CAPISTRANO
st
Jr
L
ji
Q,
L01-253
N
L VAI
0
3000
6000
9000 Feet
ATTACHMENT 3
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
wives sanjuancapislrano. org
•
Jean
I ucowum
fflllll•" 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
INTERIM CITY MANAGER
PAMELAWSON
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on October 7, 2003 in
the City Council Chamber in City Hall, to consider: "Consideration of Purchase
Agreement for Two Pipeline Easements Related to the Groundwater Recovery
Plant (Orange County Flood Control District) (CIP# 758)" — Item No. D9
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, October 6, 2003 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 Amy Amirani,
Public Works Director. You may contact that staff member at (949) 443-6361 with any
questions.
The agenda, including agenda reports,
www.sanivancaoistrano.oro. If you would
agendas are posted to the web site, please
council-ageridasesanivancaoistano.oro.
Meg wonah4n, CMC
City Jerk
is available to you on our web site:
like to subscribe to receive a notice when
make that request by sending an e-mail to:
cc: ECO Resources, Inc.; Orange County Flood Control; Amy Amirani, Public Works
Director
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
Ivlviv sanjnancapisfrano. org
1
IAIOAIEAAI0
nlAulsno � 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SwERGLIN
INTERIM CITY MANAGER
MINUTE EXTRACT
CITY OF SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
PAMELAGIBSON
A Regular Meeting of the City Council of the City of San Juan Capistrano, California,
was held on October 7, 2003 at 7:00 p.m. in the City Council Chamber, 32400 Paseo
Adelanto, San Juan Capistrano, California, Mayor Gelff presiding.
ROLL CALL
PRESENT: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto, Gelff
ABSENT: COUNCIL MEMBERS: None
EXTRACT OF CONSENT CALENDAR ITEM D9: Consideration of a Purchase
Agreement for Two Pipeline Easements Related to the Groundwater Recovery
Pian (Orange County Flood Control District)(CIP #758)
Motion: Moved by Council Member Hart, seconded by Mayor pro tem Soto, and carried
unanimously to approve purchase agreement between the Orange County Flood
Control District and the City of San Juan Capistrano; and, authorization of the Mayor to
execute the agreement; and adopt Resolution No. No. 03-10-07-04 entitled, "A
RESOLUTION FO THE CITY COUNCIL OF THE CITY OF SAN JUAN CPAISTRANO,
CALIFORNIA, ACCEPTING GRANT OF TWO EASEMENT DEEDS (ORANGE
COUNTY FLOOD CONTROL DISTRICT)(GROUNDWATER RECOVERY PLAN)(CIP
#758)."
ROLL CALL
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSTAIN: COUNCIL MEMBER:
Hart, Bathgate, Swerdlin, Soto, and Gelff
None
None
onuo uae
ME 10-07-03 Page 1 of 2 D-9
San Juan Capistrano: Preserving the Past to Enhance the Future
I, Margaret R. Monahan, City Clerk of the City of San Juan Capistrano, California, do
hereby certify that the foregoing is a true and correct copy of the Minute Entry on record
in my office. Said Minutes have not been officially approved by the City Council of the
City of San Juan Capistrano, as of October 8, 2003.
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of
San Juan Capistrano, California, this 8th day of October 2003.
J6�
han, City Clerk
Original to: Orange County Flood Control District
Copy to: Kathleen Springer, Management Analyst I, Amy Amirani, Public Works
Director
ME 10-07-03 Page 2 of 2 D-9
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
tvtvtv.sanjuancapistrano. org
October 8, 2003
•
r[/✓�/� IIU III Intl a
• ISllluflR 1 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
INTERIM CITY MANAGER
PAMEIAGIBSON
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
On October 7, 2003 the City Council of San Juan Capistrano met regarding:
"Consideration of Purchase Agreement for Two Pipeline Easements Related to
the Groundwater Recovery Plant (Orange County Flood Control District) (CIP#
758)" Item No. D9
The following action was taken at the meeting: Purchase Agreement between the
Orange County Flood Control District and the City of San Juan Capistrano
approved; Mayor authorized to execute the agreement; and Resolution 03-10-07-
04 adopted accepting the grant of the two pipeline easements.
A copy of Resolution No. 03-10-07-04 is enclosed for your records.
If you have any questions regarding this action, please contact Amy Amirani, Public
Works Director at 443-6361 for more detailed information.
Thank you,
Meg a an, CMC
Cc: ECO Resources, Inc.; Orange County Flood Control; Amy Amirani, Public Works
Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0 0
RESOLUTION NO. 03-10-07-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING GRANT OF TWO EASEMENT
DEEDS (ORANGE COUNTY FLOOD CONTROL DISTRICT)
(GROUNDWATER RECOVERY PLANT) (CIP# 758)
WHEREAS, associated with the construction of the Groundwater Recovery
Plant, two easements are required to be granted to the City of San Juan Capistrano, which
is over a portion of real property owned by the Orange County Flood Control District; and,
WHEREAS, the owners of said real property described as Trabuco Creek
Channel have granted the necessary easements described as L01-252 and L01-253; and,
WHEREAS, all fees associated with the Purchase Agreement and the related
easement acquisitions will be paid for by the City's contractor, ECO Resources, Inc.; and,
WHEREAS, the City finds the two easement deeds to be in order and
acceptable for recording.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano, as follows:
adopted.
L01-253.
Resolution.
SECTION 1. That the Resolution accepting two easement deeds is hereby
SECTION 2. That the City accepts the offer of easements L01-252 and
SECTION 2. The Mayor and City Clerk are hereby authorized to execute the
PASSED, APPROVED, AND ADOPTED this 7th day of October 2003.
JOHN L MAYOR
ATTEST:
v
R. MONAHAN, CITY CLERK
1 10-07-03
0 0
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. 03-10-07-04 was duly adopted by
the C1 Council of the City of San Juan Capistrano at a regular meeting thereof, held
the 10 day of October 2003, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto and Mayor Gelff
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
A GARET R. MONAHAN, City Clerk
10-07-03
0
0
R E C Rte' C -DY, LASSLEBEN & MMLER, LLP
ATTORNEYS AT LAW
EDWARD L. ME,LER' ALIMITEED L�I(A�BILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
J. ERNIEZACHARYPSARK' ""'] SEP 10 A D 41 S�E510 5EAS PENN STTIER TREET
RICHARD L. DEWBERRY- WHITTIER, CALIFORNIA 90802-1797
JEFFREY S. BAIRD
KEVIN Cll i CL
VAH CiitA
. INTRANOE-Mail: Ernie Dom. Park Bewle zW.
JOSEPH A INATIERI SAN JUAN CAPIS@ yl
JASON C. DEbID_LE
LEIGHTON M. ANDERSON
MICHAEL 1. DEWBERRY September 9, 2003
DAVID A BRADY P
'A PROFESSIONAL CORPORATION
OF CONJEEL
St NNE R. KRAMER-MORTON
VIA OVERNITE MAIL
Ms. Margaret R. Monahan
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Plaza del Rio/City Easement
Dear Ms. Monahan:
(562)698-9771
(323)723-8062
(714)994-5131
FACSIMILE (562)696-6357
THOMAS W. BEWLEY
(1903-1985)
WILLIAM M. LASSLEBEN, JR
RETIRED 1995
L TERRENCE MOOSCHEKLIN
CFRT=D SPECIAl14T, TAXATION LAW
THE STATE BAR OF CALR'OBMA
CMHORN1A BOARD OF SPECWRATION
WRITER'S DIXECI DW. NOFIDE0.
(562)M194026
WRI'TER'S DIX6CT FAX NOI118FR
(562)6966357
File No.:
This office acts as counsel for the owner of the above referenced
shopping center. I write in connection therewith and in response to the
proposed Easement Deed prepared by the city.
We have a number of questions and concerns about the proposed
easement. They are as follows:
1. There should be a separate agreement detailing what work the city
intends to undertake on the property, i.e., removal of soil, etc., as well as
what it intends to do by way of remediating the property after the pipeline
is installed. In that regard, it should be clear that all work performed is at
the sole cost of the city. Further, we would like some schedule so the owner
knows when this work is taking place on its property and the duration
thereof.
2. I am concerned by the vague nature of the description of the easement.
It is my understanding that the purpose is for the laying and operation a
water pipeline. I do understand that the easement includes the right to
0
�1��0 5j �u �J� P �� fTULt i 1` Td�bt�Ovt A . A[vt fLCe� i� ht/i-( C, l�U SseG�
0 0
Ms. Margaret R. Monahan
City Clerk
City of San Juan Capistrano
September 9, 2003
page two
enter the dominant tenant's property for purposes of maintaining and
repairing the pipeline. To that end, the easement should specify that the city
will maintain the pipeline and keep the same, at its sole cost, in good
condition and repair. It should further provide for a notice provision to the
owner before access is made to the pipeline, once installed, absent
emergency conditions.
3. Related to the last point, the agreement should further provide that the
city will indemnify and keep the owner harmless, including cost of defense,
from any loss, liability, judgment or claim related to the easement, the
installation of the pipeline and the maintenance thereof.
We understand that there may be some time constraints in connection
with this project. Subject to the foregoing issues being resolved, we hope
to accommodate the city in this regard. Thank you and I look forward to your
reply.
Very truly yours,
BLE SLEBEN & MILLER, LLP
Ernie Zachary Park
cc: Cindy Leath (via fax)
0
AGENDA ITEM
TO: Pamela Gibson, Interim City Manager
FROM: Amy Amirani, Public Works Director
• 9/16/2003
D5
SUBJECT: Consideration of a Purchase Agreement for a Pipeline Easement and
Temporary Construction Easement Related to the Groundwater Recovery
Plant (Orange County Flood Control District) (CIP# 758)
RECOMMENDATION:
By motion,
1. Approve the purchase agreement between the Orange County Flood Control District
and the City of San Juan Capistrano; and,
2. Authorize the Mayor to execute the agreement; and,
3. Adopt the attached resolution accepting the grant of the pipeline easement and
temporary construction easement.
SITUATION
Due to the construction of the Groundwater Recovery Plant, it is necessary to purchase
a pipeline easement and a temporary construction easement across the Orange County
Flood Control District's property, referred to as the Trabuco Creek Channel. As part of
the Service Contract with ECO Resources, Inc. (ECO), the City is required to accept
such easements, as ECO is required to obtain them, for the construction of the
Groundwater Recovery Plant.
ECO has caused the Purchase Agreement to be prepared and will pay the fees, along
with covering, by way of the Service Contract, all liabilities discussed in the attached
Purchase Agreement.
The Purchase Agreement and the attendant easement agreement carry certain
statements regarding the City's liability for negligence or misconduct. The Service
Contract for the Groundwater Recover Plant has indemnification provisions that will
protect the City from the negligence or willful misconduct of ECO, or its Contractors, in
performing construction work at the property.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FOR CITY COUNCIL AGENDA.
Agenda Item • September 16, 2003
Paqe 2
FINANCIAL CONSIDERATIONS:
ECO Resources, Inc. will pay all fees associated with the Purchase Agreement and the
related easement acquisitions.
NOTIFICATION:
ECO Resources, Inc.
Orange County Flood Control
ALTERNATE ACTIONS:
1 a) Approve the purchase agreement between the Orange County Flood Control
District and the City of San Juan Capistrano;
b) Authorize the Mayor to execute the agreement; and
c) Adopt the attached resolution accepting the grant of the pipeline easement and
temporary construction easement, and
2. Refer to staff for additional information.
RECOMMENDATION:
By motion,
1. Approve the purchase agreement between the Orange County Flood Control District
and the City of San Juan Capistrano;
2. Authorize the Mayor to execute the agreement, and
3. Adopt the attached resolution accepting the grant of the pipeline easement and
temporary construction easement.
Respectfully submitted,
V4'Y6VINIUllAM..
Amy Amiirani
Public Works Director
Attachments: 1. Purchase Agreement
2. Resolution
3. Location Map
Prep pd b :
Eric P. Bau
Water Engineering Manager
Note: Easement Deed and Temporary Construction Easement Deed are included in
Attachment 1 (Purchase Agreement).
L01
02-101.6
San Juan
Creek Ch . •
' San .1uan Creek Channel
Yrabuco Creek Channel
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (Agreement) is made , 2003, by and between the
ORANGE COUNTY FLOOD CONTROL DISTRICT, hereinafter referred to as "DISTRICT" and CITY
OF SAN JUAN CAPISTRANO, hereinafter referred to as "BUYER."
RECITALS
A. DISTRICT owns the real property, hereinafter referred to as the "Property," as shown on
Attachment I attached hereto and made a part hereof.
B. BUYER has offered to purchase a Pipeline Easement (Easement) and a Temporary Construction
Easement (TCE) across DISTRICT's Property for Forty -Three Thousand Dollars ($43,000).
C. DISTRICT is willing to sell an Easement and TCE to BUYER subject to the terms and conditions
of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained
DISTRICT and BUYER agree as follows:
DISTRICT:
A. Accepts BUYER's offer to purchase the subject Easement and TCE for Forty -Three Thousand
Dollars ($43,000), which amount is hereinafter referred to as "Purchase Price."
B. Shall execute and acknowledge an Easement Deed and TCE Deed in the form shown as
Attachment 2 and Attachment 3, conveying title to the Easement and TCE to BUYER, within ten
(10) days of the date DISTRICT's Board of Supervisors approves this sale and authorizes said
action.
C. Shall deliver an executed Easement Deed and TCE Deed to BUYER upon BUYER's delivery
of Purchase Price to DISTRICT.
D. Makes no warranties or representations whatsoever with regard to the quality of the title to the
Property.
E. Shall provide no title insurance in this transaction.
2. BUYER:
A. Shall, in consideration of the transfer of the Easement and TCE by DISTRICT to BUYER,
deliver the Purchase Price to DISTRICT's Public Facilities & Resources Department (PFRD)
Real Estate Services within ten (10) days after execution of this Agreement by DISTRICT.
B. Shall pay all costs in connection with the purchase of the Easement and TCE. Such costs
may include but shall not be limited to documentary transfer tax, recording fees, and preliminary
change of ownership fees.
C. Shall accept title to the Easement "as is" subject to all matters affecting the property whether
recorded or unrecorded.
D. Shall have all construction and/or maintenance plans approved in writing by DISTRICT's
Director of PFRD, or designee (hereinafter "Director"), prior to commencement of any
construction and issuance of an encroachment permit.
Js/SJC
06-10-2003
ATTACHMENT
0 0
3. BUYER agrees and acknowledges that DISTRICT shall have no liability, financial or otherwise,
for maintenance, abatement, or remediation of hazardous materials, if any. BUYER further
acknowledges that DISTRICT has made no representations, warranties, or agreements as to any matters
concerning the Property, including, but not limited to, the marketability of title, the land, topography,
climate, air, water, water rights, utilities, present or future zoning, soil, sub -soil, hazardous substances,
waste, or materials, the purpose for which the Property is suited, drainage, access to public roads,
proposed routes or extensions of roads, or the availability of governmental permits or approvals of any
kind. BUYER represents and warrants to DISTRICT that BUYER and BUYER'S representatives and
employees have made their own independent inspection and investigation of the Property and BUYER
agrees to purchase the Property in its "as -is" condition.
5. The terms, covenants, and conditions contained herein shall apply to and bind the heirs,
successors, executors, administrators and assigns of the parties hereto.
6. The failure of DISTRICT or BUYER to insist upon strict performance of any of the terms,
covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy that
DISTRICT or BUYER may have, and shall not be deemed a waiver of the right to require strict
performance of all the terms, covenants, and conditions of the Agreement thereafter, nor a waiver of
any remedy for the subsequent breach or default of any term, covenant, or condition of the Agreement.
Any waiver, in order to be effective, must be signed by the party whose right or remedy is being
waived.
7. Time is of the essence in the performance of the respective obligations contained in this
Agreement. Failure to comply with any time requirement contained herein shall constitute a material
breach of this Agreement.
8. This Agreement shall be governed by and construed according to the laws of the State of
California. The invalidity of any provision in this Agreement, as determined by a court of competent
jurisdiction, shall in no way affect the validity of any other provision hereof.
9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties, and no oral understanding or agreement not incorporated herein shall be binding
on any of the parties.
10. All documents, correspondence, and communications concerning this transaction shall be directed
as follows:
TO: BUYER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
TO: DISTRICT
County of Orange
PFRD Real Estate Services
P.O. Box 4048
Santa Ana, CA 92702-4048
11. This agreement includes the following, which are attached hereto and made a part hereof:
Attachment 1 — Location Map
Attachment 2 - Easement Deed
Attachment 3 — Temporary Construction Easement Deed
Js/SJC
08-10-2003
_2.
•
•
BUYER hereby submits this offer with full knowledge of the terms and conditions contained herein.
BUYER:
CITY OF SAN JUAN CAPISTRANO
Title: John S. Gelff, Mayor
Title:
APPROVED AS TO FORM:
City Attorn
D X -
By: 4-1
Date: 'G
DISTRICT has considered and accepts this offer.
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
ATTEST:
DARLENE J. BLOOM
Clerk of the Board of Supervisors
Orange County Flood Control District,
Orange County, California
DISTRICT:
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
Chairman, Board of Supervisors
APPROVED AS TO FORM:
County Counsel
By:
Date:
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ATTACHMENT.
RECORDED AT THE REfUEST OF
AND WHEN RECORDED MAIL
TO:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Clerk's Office
Mail Tax Statements to:
As shown above
This is to certify that this document
is exempt from recording fees per
Govt. Code See. 27383 and is exempt
from Documentary Transfer Tax
0
THIS SPACE FOR RECORDER'S USE ONLY
X Incorporated, City of San Juan Capistrano
ProjectfParcel Nos.: LO1-251
Project: San Juan Creek Channel
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,
ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic,
hereinafter referred to as "DISTRICT,"
does hereby grant to THE CITY OF SAN JUAN CAPISTRANO
hereinafter referred to as "GRANTEE,"
a non-exclusive easement for water pipeline purposes over and across that certain real property
(hereinafter "the Easement Area") described as Exhibit "A" and shown on Exhibit `B," both attached
hereto.
GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility,
commonly referred to as Trabuco Creek Channel (hereinafter "the Channel").
It is understood and agreed by the parties hereto, and their successors and assigns, that the easement and
right of way herein granted shall be subject to the following terms and conditions:
1. CONSTRUCTION AND MAINTENANCE (PMES2.2 S)
GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT's
Director of Public Facilities and Resources Department or designee (hereinafter referred to as
"DIRECTOR") prior to commencement of any work; and upon completion of any work, GRANTEE
shall immediately notify DIRECTOR in writing of such completion. DIRECTOR's approval of
GRANTEE's construction and/or maintenance plans shall not be deemed approval from the standpoint of
1 ATTACHMENT cZ
structural safety, suitability for purpose or conformance with building codes or other
governmental requirements.
GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility,
commonly referred to as Trabuco Channel (hereinafter "the Channel").
GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for
unobstructed flood control operation and maintenance of the Channel by DISTRICT. GRANTEE shall
maintain, at no cost to DISTRICT, all facilities constructed by GRANTEE pursuant to this easement in
good repair and in safe condition.
Should it be necessary for GRANTEE to disturb the surface of the Easement Area subsequent to the
completion of the initial installation of necessary facilities, GRANTEE agrees to notify DIRECTOR in
writing sixty (60) days in advance and to obtain DIRECTOR's written approval of all plans prior to
commencement thereof and to obtain a permit for construction from DISTRICT after payment of normal
processing fees. Said approval shall not be withheld unreasonably, nor shall said approval be necessary
in any emergency situation.
Except in designated environmentally sensitive areas, GRANTEE shall have the right to cut such roots as
may endanger or interfere with said underground facilities and shall have reasonable access to the
Easement Area for the purpose of exercising the rights herein granted; provided, however, that any
excavation shall be made in such a manner as will cause the least injury to the surface of the ground and
any improvements and/or landscaping around such excavation, and that the earth so removed shall be
replaced and the surface of the ground and any improvements and/or landscaping around such
excavation, damaged shall be promptly restored by GRANTEE at its expense to the same condition as
existed prior to excavation, to DIRECTOR's satisfaction. All facilities owned or constructed by
GRANTEE pursuant to this Easement Agreement shall be maintained by GRANTEE in good repair and
in safe condition at no cost to DISTRICT.
2. RESERVATIONS (PMES7.1 S)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial
rights in the Easement Area as will not interfere with or prohibit the use by GRANTEE of the rights and
easement herein granted. In the event (DISTRICT/COUNTY) exercises such rights,
(DISTRICT's/COUNTY'S) only responsibility shall be to backfill with compacted earth to the grade of
the surrounding property following completion of (DISTRICT'S/COUNTY's) activity. GRANTEE shall
restore GRANTEE's facilities to the design and grade approved as provided for in Clause I above.
3. REMOVAL AND/OR ABANDONMENT (PMES3.1 S)
GRANTEE agrees that in the event (a) GRANTEE's facilities are no longer required, or (b)
GRANTEE's use of said facilities ceases for a continuous period of more than one (1) year without
written notice from GRANTEE to DISTRICT of the circumstances affecting such suspension and of
GRANTEE's intention to resume usage of the facilities, GRANTEE shall, at Director's request and at no
cost to DISTRICT, remove and/or abandon said facilities within ninety (90) days after receipt of written
notice from Director to remove and/or abandon. Following such removal and/or abandonment,
GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior
to the granting of the easement, to Director's satisfaction. GRANTEE shall also execute and record in
the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the
encumbrance of this easement from title to the Easement Area.
4. RELOCATION (PIES4.1 S) 0
GRANTEE agrees that in the event GRANTEE's facilities shall at any time interfere with the operation,
maintenance, replacement, or improvement of DISTRICT's property as determined by DIRECTOR,
GRANTEE shall, within ninety (90) days of receipt of written notice from DIRECTOR, relocate at
GRANTEE's expense GRANTEE's facilities to a site designated by DIRECTOR. All other terms and
conditions of this Easement Agreement shall remain the same.
HOLD HARMLESS (PMES5.1 S)
GRANTEE hereby releases and waives all claims and recourse against DISTRICT, and County of
Orange ("COUNTY") including the right of contribution for loss or damage of persons or property,
arising from, growing out of or in any way connected with or related to this Easement except claims
arising from the concurrent active or sole negligence of DISTRICT and/or COUNTY, their
officers, agents, employees and contractors. GRANTEE hereby agrees to indemnify, defend (with
counsel approved by DISTRICT), and hold harmless, DISTRICT and COUNTY, their elected and
appointed officials, officers, agents, employees and contractors against any and all claims, losses,
demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the
operation or maintenance of the property described herein, and/or GRANTEE's exercise of the rights
under this Easement Agreement, except for liability arising out of the concurrent active or sole
negligence of DISTRICT, and/or COUNTY, their elected and appointed officials, officers, agents,
employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT is
named as co-defendant in a lawsuit, GRANTEE shall notify DISTRICT of such fact and shall represent
DISTRICT in such legal action unless DISTRICT undertakes to represent itself as co-defendant in such
legal action, in which event, GRANTEE shall pay to DISTRICT its litigation costs, expenses, and
attorney's fees. Ifjudgment is entered against DISTRICT and GRANTEE by a court of competent
jurisdiction because of the concurrent active negligence of DISTRICT and GRANTEE, DISTRICT and
GRANTEE agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
GRANTEE acknowledges that it is familiar with the language and provisions of California Civil
Code Section 1542 which provides as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if known
by him, must have materially affected his settlement with the debtor.
GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit
of its provisions to the extent described in this paragraph.
6. GRANTEE's LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES 6.1S)
GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought
upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein,
or if contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE
is legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend
with counsel approved by DISTRICT, and hold harmless DISTRICT, COUNTY, and their elected or
appointed officials, officers, agents, and employees from any and all claims, judgments, damages,
penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the
Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees)
which arise during or after GRANTEE's use of the Easement Area as a result of such contamination.
This indemnification includ'Pwithout limitation, costs incurred by DISTRICT in connection with any
investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any
federal, state, or local governmental entity or agency because of Hazardous Material being present in the
soil or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost
and expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the
introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained
DISTRICT's written approval and the approval of any necessary governmental entities or agencies.
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or
waste which is or shall become regulated by any governmental entity or agency, including, without
limitation, DISTRICT acting in its governmental capacity, the State of California, or the United States
government.
7. VENUE (PMES9.1 S)
The parties hereto agree that this easement has been negotiated and executed in the State of California
and shall be governed by and construed under the laws of California. In the event of any legal action to
enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to
the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the
parties hereto specifically agree to waive any and all rights to request that an action be transferred for
trial to another county.
8. SEVERABILITY (PMES10.1 S)
If any term, covenant, condition, or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in
full force and effect and shall in no way be affected, impaired, or invalidated thereby.
9. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES8.1 S)
This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which
may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a
covenant against the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance
to GRANTEE of rights in the property which exceed those owned by DISTRICT, or any representation
or warranty, either express or implied, relating to the nature or condition of the property or DISTRICT's
interest therein.
10. SUCCESSORS AND ASSIGNS (PMES 11.1 S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors,
executors, administrators, and assigns of the parties hereto.
11. CALENDAR DAYS (PMES6.1 S)
Any reference to the word "day" or "days" herein, shall mean calendar day or calendar days,
respectively, unless otherwise expressly provided.
12. ATTORNEY'S FEES (PMES14.1 S)
In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where
any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees and
costs.
13. AMENDMENTS (PMES16.1 S)
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed
by the parties hereto, and no oral understanding or agreement shall be binding on any of the parties
unless incorporated herein. Any amendment or cancellation of this Agreement shall be recorded in the
Official Records of the County of Orange.
14. AUTHORITY (PMES17.1 S)
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
15. WAIVER OF RIGHTS (PMES19.1 S)
The failure of the DISTRICT to insist upon strict performance of any of the terms, covenants, or
conditions of this Agreement shall not be deemed a waiver of any right or remedy that DISTRICT may
have, a waiver of the right to require strict performance of all the terms, covenants, and conditions of this
Agreement thereafter, or a waiver of any remedy for the subsequent breach or default of any term,
covenant, or condition of this Agreement.
16. NOTICES (PMES21.1 S)
All notices, documents, correspondence, and communications concerning this easement shall be
addressed as set forth in this paragraph, or as the parties may hereafter designate by written notice, and
shall be sent through the United States mail, duly registered or certified with postage prepaid. Any such
mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each party may
change the address for notices by giving the other party at least ten (10) calendar days prior written
notice of the new address.
Notwithstanding the above, DISTRICT may also provide notices, documents, correspondence, or such
other communications to GRANTEE by personal delivery, regular mail, or facsimile and, so given, shall
be deemed to have been given upon receipt if provided by personal delivery or facsimile, or forty-eight
(48) hours after mailing if provided by regular mail.
DISTRICT
GRANTEE
Orange County Flood Control District City of San Juan Capistrano
c/o PFRD Real Estate Services 32400 Paseo Adelanto
300 N. Flower Street San Juan Capistrano, CA 92675
P.O. Box 4048 Attention: City Clerk's Office
Santa Ana, CA 92702-4048
17. ENTIRE AGREEMA (PMES12.1 S) •
This Agreement contains the entire agreement between the parties hereto with respect to the matters
herein and there are no restrictions, promises, warranties, or undertakings other than those set forth or
referred to herein.
18. ATTACHMENTS TO DOCUMENT (PMES20.1 S)
This document includes the following, which are attached hereto and made a part hereof:
Exhibit A (Legal Description)
Exhibit B (Map)
0
Signed and certified that a copy of
this document has been delivered to
the Chairman of the Board.
Attest:
By:
DARLENE J. BLOOM
Clerk of the Board of Supervisors,
Orange County Flood Control District
Orange County, California
Approved as to form:
County Counsel
By
Date
0
DISTRICT
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
By:
Chairman of the Board
Document: Easement Deed
DISTRICT/Grantee: Orange County Flood Control District/ City of San Juan Capistrano
STATE OF CALIFORNIA )
)SS ACKNOWLEDGEMENT
COUNTY OF ORANGE )
On . 2003 before me,
Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) 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.
WITNESS my hand and official seal.
Signature
EXHIBIT "A"
LEGAL DESCRIPTION
FACILITY NO.: LOI
PARCEL NO.: 251
THE LAND SITUATED IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED IN DEEDS TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT AS PARCEL L1-210 RECORDED
FEBRUARY 4, 1963 IN BOOK 6419, PAGE 584, PARCEL 211 RECORDED JUNE
28, 1963 IN BOOK 6609, PAGE 369 AND PARCEL L2-101 RECORDED JUNE 28,
1963 IN BOOK 6609, PAGE 371 ALL OF OFFICIAL RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN A STRIP OF
LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTH WEST CORNER OF THE LAND DESCRIBED IN
BOOK 531, PAGE 251 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND
SOUTH 87055'30" EAST 96.97 FEET TO THE TRUE POINT OF BEGINNING:
THENCE PARALLEL WITH THE EASTERLY LINE OF PARCEL 101 OF THE
TRABUCO CREEK CHANNEL (170 FEET WIDE) AS DESCRIBED IN A DEED TO
THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED JUNE 28,
1963 IN BOOK 6609, PAGE 371 OF SAID OFFICIAL RECORDS, SOUTH 3°02'47"
WEST 203.75 FEET; THENCE SOUTH 56°02'47" WEST 350.14 FEET TO THE
WESTERLY LINE OF SAID PARCEL L1-210.
CONTAINING 0.191 ACRES, MORE OR LESS.
THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO
AS TO MEET AT ANGLE POINTS, COMMENCE AT SAID SOUTHERLY LINE,
AND TERMINATE IN THE WESTERLY LINE OF SAID PARCEL L1-210.
ALL AS SHOWN ON EXHIBIT `B", THE SKETCH TO ACCOMPANY THIS
DESCRIPTION, WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY:
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12-31-03
D. MARK ARE, PLS 5031
LICENSE EXP. DATE: 12/31/05 N0. 5031 -4
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7/21/03 REVISED EASEMENT PER OCFCD COMMENTS - DMW
7/12/03 REVISED EASEMENT ALIGNMENT - DMW
3/21/03 REVISED EASEMENT PER OCFCD COMMENTS - DMW
3/7/03 REVISED EASEMENT ALIGNMENT - DMW
PREPARED BY:
WARE ENTERPRISES, INC.
2109 WA GA KLAN
SAN CLEMEN7E, CA 92673
PHONE. 949-661-9156
FAX 949-366-9611
EMAIL: PL550310PACBELL.NET
0. MARK WARE,IP.L.S. 5031 DATE
UCENSE £XPIRA I70N• 12-31-05
D"G%CVM%PLANT SITE EASEMENTS\ECO PIPELINE EASEMENT TRABOCO TO PLANT SITE E% 8 REVA.mG, 07/21/2003 06:27:01 PM, PDF995,
TE ENTERPRISES, INC. - LGNO SURVEYING
EXP. 12-31-05
NO. 5031
RECORDED AT REQUEST OF,
AND WHEN RECORDED MAIL TO:
County of Orange
Public Facilities and Resources Department
Real Estate Services
300 North Flower, 6th Floor
Santa Ana, California 92703
SPACE ABOVE THIS LINE FOR RECORDER'S USE
This is to certify that this document is exempt
from recording fees per Govt. Code Sec. 27383
and is exempt from Documentary Transfer Tax
® Incorporated, City of San Juan Capistrano
Project/Parcel No: L02-101.6
Project: Trabuco Creek Channel
TEMPORARY EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE ORANGE COUNTY FLOOD CONTROL DISTRICT
does hereby GRANT to
THE CITY OF SAN JUAN CAPISTRANO
hereinafter referred to as "City", a temporary easement for construction purposes in, over, and across the
real property in the County of Orange, State of California, described as:
(See Exhibit A for legal description
attached hereto and by reference made a part hereof.)
Together with the right to excavate, fill or regrade said property to install a water pipeline improvement
to be constructed in and over the adjoining property; to enter upon, to pass and repass over and along
said land, and to deposit tools, implements and other materials thereon by said City, its officers, agents
and employees, and by persons under contract with it and their employees, whenever and wherever
necessary for the purposes above set forth.
The easement herein granted shall become effective upon recordation of this deed and shall terminate on
one-year from recordation date or upon filing of a Notice of Completion, whichever first occurs.
ATTACHMENT -3-
CC: 2-28-02 A5-3
Dated
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
ATTEST:
Darlene J. Bloom
Clerk of the Board of Supervisors
Orange County Flood Control District,
Orange County, California
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
w
ORANGE COUNTY FLOOD CONTROL DISTRICT
a
Chairman, Board of Supervisors
ACKNOWLEDGEMENT
On 200_, before me, a Notary Public in and for said County and
State, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their authorized
capacity(ies), and that by his/her/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.
Signature
Document: TCE
Grantor/Grantee: OCFCD/City of San Juan Capistrano
Approved as to Form
County
By 0Date
Lr' -'Deputy
CC: 2-28-02 A5-3
rACII ITY NO: 1.,02
PAI2C1:1, 1�0: 101.6
Lots 60 and 62 of Tract
Capistrano, county of Oranc:e,
recorded in boot: 11, pages 29
office of the county recorder
No. 103, in the city of San Juan
state of .California, per man
to 33 of Miscellaneous tdaps, in the
of said county.
EXCEPT that portion thereof lying northerly of the southerly•
line and its westerly prolongation of Lot 59 of said Tract No. 103. .
ALSO EXCEPT that portion thereof which lies westerly of a line
having a bearing of N. 3° 50' 12" E. and passing through a point on
the southerly line of the San Juan Capistrano Townsite, as shown
on a map filed in bock 3, pages 120 to 125 inclusive of Miscellaneous
Records of Los Angeles County, California, distant thereon
N. 890 20' 05" W., 672,78 feet from the southeast corner of Lot 9 in
Block 3 of said Townsite,
ALSO EXCEPT that portion thereof included within the land
described in deed to San Juan Capistrano Sanitary District,
recorded July 19, 1924 in.book 531, page 251 of Deeds in the office
of the County Recorder of said Orange County,
)}LSO EXCEPT that portion thereof lying easterly and southeasterly
of the following described line:
Beginning at a".point on said southerly line of the San Juan
Capistrano Townsite, distant N. 890 20' 05" W., 599.16 feet along
said southerly line from the southeast corner of said Lot 9, said
point also being a point on a non -tangent curve, concave Southeasterly
and having a radius of 1615.00 feet, a radial line of said curve
through said point bears N. 530 02' 56" W.; thence Northeasterly
421.17 feet along said curve through a central angle of 140 56t'311,
to its intersection with the south line of the land described in
said deed to San Juan Capistrano Sanitary District. ;
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RESOLUTION NO. 03-09-16-0 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING GRANT OF EASEMENT DEED
AND TEMPORARY CONSTRUCTION EASEMENT (ORANGE COUNTY
FLOOD CONTROL DISTRICT) (GROUNDWATER RECOVERY PLANT)
(CIP# 758)
WHEREAS, associated with the construction of the Groundwater Recovery Plant, an
easement is required to be granted to the City of San Juan Capistrano, which is over a
portion of real property owned by the Orange County Flood Control District; and,
WHEREAS, the owners of said real property described as Trabuco Creek Channel
have granted the necessary easement described as L01-251 and temporary construction
easement described as L02-101.6; and,
WHEREAS, all fees associated with the Purchase Agreement and the related
easement acquisitions will be paid for by the City's contractor, ECO Resources, Inc.; and,
WHEREAS, the City finds the easement deed to be in order and acceptable for
recording.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan
Capistrano, as follows:
SECTION 1. That the Resolution accepting an easement deed and temporary
construction easement is hereby adopted.
SECTION 2. The Mayor and City Clerk are hereby authorized to execute the
Resolution.
PASSED, APPROVED, AND ADOPTED this 16"' day of September 2003.
JOH
13
MAYOR
09-16-2003
0 0
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. 03-09-16-01 was duly adopted by the City Council of the
City of San Juan Capistrano at a regular meeting thereof, held the 16'" day of September 2003, by
the following vote:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto and Mayor Gelff
NOES: COUNCIL MEMBERS: Swerdlin
ABSTAIN/: COUNCIL E RS: None
City Clerk
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THE CITY OF
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LOCATION OF EASEMENT
fill,
0 3000 6000 9000 Feet
ATTACHMENT 3
32400 PASEO ADELANTO
SAN .JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949)493-1053 (FAX)
It- it, it, - sanjuancapistrano. org
September 17, 2003
0
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
JOHN S. GELFF
WYATTHART
JOE SOTO
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
On September 16, 2003 the City Council of San Juan Capistrano met regarding:
"Consideration of a Purchase Agreement for a Pipeline Easement and Temporary
Construction Easement Related to the Groundwater Recovery Plant (Orange
County Flood Control District) (CIP# 758)" Item No. D5
The following action was taken at the meeting: Purchase Agreement between the
Orange County Flood Control District and the City of San Juan Capistrano
approved; the Mayor authorized to execute the agreement; and Resolution No. 03-
09-16-01 adopted accepting the grant of the pipeline easement and temporary
construction easement.
The following documents are in the process of being executed: Resolution No. 03-09-
16-01.
If you have any questions regarding this action, please contact Eric P. Bauman, Water
Engineering Manager at 487-4312 for more detailed information.
Thank you,
Enclosed:
Cc: ECO Resources, Inc.; Orange County Flood Control; Amy Amirani, Public Works
Director; Eric P. Bauman, Water Engineering Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
u uv sanjuancapislrano. org
II(011111111
Hunlsw I 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
JOHN S. GELFF
WYATTHART
JOESOTO
DAVID M. SWERDLIN
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 September 16, 2003
in the City Council Chamber in City Hall, to consider: "Consideration of a Purchase
Agreement for a Pipeline Easement and Temporary Construction Easement
Related to the Groundwater Recovery Plant (Orange County Flood Control
District) (CIP# 758)" — Item No. D5
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, September 15, 2003 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 Eric P. Bauman,
Water Engineering Manager. You may contact that staff member at (949) 487-4312
with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.san'uancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-aoendasasanivancapistano.oro.
Meg Monahan, CMC
City Clerk
cc: ECO Resources, Inc.; Orange County Flood Control; Amy Amirani, Public Works
Director; Eric P. Bauman, Water Engineering Manager
" Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future