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02-1203_GRASSO, ALBERT L._Improvement AgreementRECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder 1101111111111111111111111111111111f11111111111111111111111111111fiN0 FEE 2003000187396 02:18pm 02120/03 115 59 Al2 8 0.00 0.00 0.00 0.00 0.00 0.00 e.00 0.00 Recording Request Per Government Code, Sec. 6103 0// IMPROVEMENT AGREEMENT r FOR WATER AND SEWER FACILITIES — THE A. AND L. GRASSO REVOCABLE TRUST (APN 121-090-18 & 22) THIS IMPROVEMENT AGREEMENT is entered into this 3`d day of December, 2002 by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as "District", CITY OF SAN JUAN CAPISTRANO hereinafter referred to as "City", and ALBERT L. GRASSO, herein referred to as "Grantor". WITNESSETH Whereas, Grantor agrees to allow the design and construction of water improvements to complete a connection to Moulton Niguel Water District ( MNWD), that will benefit existing and future customers within the 527W pressure zone, an area known as Peppertree Bend, hereinafter referred to as "Water Improvements"; and, Whereas, Grantor further agrees to allow the design and construction of sewe improvements to complete a connection to the City sewer system, that will benefit the propert known as Parcel Map 93-129, hereinafter referred to as " Sewer Improvements"; and, Whereas, Grantor further agrees to grant easements to City and District for wate and sewer construction and access purposes of extending sewer and water service to propert described in parcel map 93-129. Improvement Agreement . • Albert L. Grasso Page 2 NOW, THEREFORE, BE IT RESOLVED BETWEEN DISTRICT, CITY, AND GRANTOR AS FOLLOWS: SECTION 1. GRANTOR OBLIGATIONS a. Grantor agrees to grant the following easements over parcels known as Assessor's Parcel No. 121-090-18 and 121-090-22: 1. An fifteen (15) foot easement to the District for the purpose of constructing and accessing for maintenance purposes of a 12 -inch water main and appurtenances; 2. An fifteen (15) foot easement to the City for the purpose of constructing and accessing for maintenance purposes of a 8 -inch sewer main and facilities: b. Grantor further agrees to cooperate with City and District in allowing free access to the subject easement areas. SECTION 2. CITY AND DISTRICT OBLIGATIONS a. District shall pay the Grantor an amount of $23,443.20, based on the fair market value for water and sewer easements along with the ingress/egress rights over a portion of the properties known as Assessor's Parcel No's 121-090-18 and 121-090-22 to allow for the construction of said improvements. b. City and District agree to hold Grantor harmless from any and all claims, liabilities, demands, actions, cost, and expenses arising out of the construction, access to, or maintenance of the improvements provided for in this agreement. SECTION 3. NOTICES a. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be W:\ENG\DVLP\GRASS0\lMPAGMT.D0C Improvement Agreement • • Albert L. Grasso Page 3 deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: ALBERT L. GRASSO 31645 Peppertree Bend San Juan Capistrano, CA 92675 SECTION 4. AGREEMENT RUNS WITH THE LAND a. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. SECTION 5. ENTIRE AGREEMENT a. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. W:\ENG\DVLP\GRASSO\IMPAGMT.DOC Improvement Agreement • • Albert L. Grasso Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of four pages, on the above date. The A. and L. GRASSO Revocable Trust CITY 31645 Peppertree Bend San Juan Capistrano, CA 92675 By By:�/�� Albert L. Grasso, Co -Trustee ,/3-O_71- Date Signed By: L 644.1 Lois M. Grasso, Co -Trustee Date Signed (Attach Notary Acknowledgement) CAPISTRANO VALLEY WATER DISTRICT By Diane Bathgate Cha' an Attest:�— ar aret R. Monahan, City Clerk & Cle of the Board APPROVED AS TP FORM: By: John dhaw,tity Attorney & District Counsel State of California l County of Orange f ss Ong �p� before meed Notary Public, personally appeared,4ZC�� who proved to me ont the basis of satisfactory evidence to be the Person( whose name( is are subscribed to the within instrument and acknowledged to me that�e' he/they executed the same in her/their authorized capacity(ioii4, and the instrument the person(jo, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal Notary Public �DONNAL.HOKANSON1 COMM. N1347930 NOTARY PUBLIC •CALIFORNIA m N OMNBE COUNTY MYC eEoa Mer. 28,2008 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT 0 0 State of CALIFORNIA County of ORANGE On hP/4few-2ow-6efore me, PHILIP J. HUSHES, NOTARY PUBLIC (DATE) (NAME/TITLE OF OFFICER-,e.'JANE DOE, NOTARY PUBLIC') personally appeared INAMEISI OF SIGNERISII ❑ personally known to me -OR- +I' --roved to me on the basis of satisfactory evidence to be the person(`) whose name() lsfere subscribed to the within instrument and gacknowledged to me that /she/trey executed the PHILIP). HUGHES same in ehra/her/their NCOMM.#1333847 s authorized capacity(iee), Q01tMy Notary Public California (, and that by hiel/her/their QORANGE COUNTY signatureps) on the Comm. Expires 12/28/05 instrument the personal), or the entity upon behalf of which the person(p) acted, executed the instrument. Witness my hand and official seal. ISEAU ISI TU E O NOTA V) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Trtle or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above WOLCOTTS FORM 83240 Rev. 3.94 (price 0.0 8-2A1 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONR O FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) DINDIVIDUAL(SI ❑CORPORATE OFFICER(SI ITITIFSI OPARTNER(SI ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT DTRUSTEEIS) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Ponon(s) or Entity(ies) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) DINDIVIDUALIS) ❑CORPORATE OFFICERISI (TITUS) DPARTNER(SI OLIMITED DGENERAL CATTORNEV IN FACT OTRUSTEE(SI O GUA RDIA N/CONSERVATOR DOTHER: SIGNER IS REPRESENTING: (Name of Pereonlsl or Entlty(iss) 11{{�I777 63240 f 8 0 9 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On December 3, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Diane Bathgate, Chairman, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. R. Monahan, Clerk of the Board OPTIONAL Capacity Claimed by Signers Description of Attached Document Chairman Improvement agreement for Water and Sewer facilities (A & L. Grasso Revocable Turst Title Title or Type of Document Signers are Representing Capistrano Valley Water District 4 plus acknowledgements Number of Pages December 3, 2002 Date of Document Albert L. Grasso, Lois M. Grasso, John Gelff Signer(s) Other Than Named Above 0 0 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On December 3 2002 before me, Margaret R. Monahan, City Clerk, personally appeared John S. Gelff, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) Capacity Claimed by Signers WITNESS my hand and official seal. R. Monahan, City Clerk OPTIONAL Description of Attached Document Mayor Imorovement agreement for water and sewer facilities (A. & L. Grasso Revocable Trust Title Title or Type of Document Signers are Representing City of San Juan Capistrano 4 plus ackknowledgements Number of Pages December 3, 2002 Date of Document Albert Grasso, Lois Grasso, Diane Bathgate Signer(s) Other Than Named Above 0 0 MINUTES December 3, 2002 CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS CLOSED SESSION (610.85) - None Chairman Bathgate called the Regular Meeting of the Board of Directors of the Capistrano Valley Water District to order at 7:56 p.m. in the City Council Chamber. ROLL CALL BOARD MEMBERS PRESENT: Wyatt Hart, David M. Swerdlin, John S. Gelff, Vice Chairman Joe Soto and Chairman Diane Bathgate BOARD MEMBERS ABSENT: None STAFF PRESENT: George Scarborough, General Manager; John Shaw, Legal Counsel; Meg Monahan, Clerk of the Board; Cynthia L. Russell, Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; AI King, Jr., Community Services Director; Lt. J.B. Davis, Chief of Police Services; and, Dawn Schanderl, Deputy City Clerk. CONSENT CALENDAR Board Action: Moved by Director Hart, seconded by Director Gelff and carried unanimously, 5-0, to approve item 1 as recommended by Staff. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 5, 2002, APPROVED AS SUBMITTED BOARD ACTIONS: C1. AGREEMENTS FOR WATER FACILITIES WITH MOULTON NIGUEL WATER DISTRICT APPROVED, IMPROVEMENTAND REIMBURSEMENT AGREEMENTS APPROVED; RESOLUTION NO. CVWD 02-12-03-01 ADOPTED ACCEPTING A WATER EASEMENTS FROM WILLIAM E. REISING AND BONNIE H. REISING TRUSTANDA. L. GRASSO REVOCABLE TRUST; AND TRANSFER OF $175,000 FROM CIP NO. 753 TO CIP NO. 790 APPROVED (REISING -APN 649-342-01) (GRASSO - APN 121-090-18 & -22) (TENTATIVE PARCEL MAP 93-129) (670..55/600.70) CVWD Minutes 1 12-3-02 I Project Description: The Capistrano Valley Water District (CVWD) has been implementing the Capital Improvement Projects based on the priorities listed in the Domestic Water Master Plan. The Peppertree Bend water system only has one source of supply to service 98 homes via a hydro -pneumatic pump station, which has proven to be extremely difficult to operate. A connection from the Moulton Niguel Water District (MNWD) to CVWD will enable the CVWD to have another source of water to the Peppertree Bend water system. To accomplish this staff recommends (1) approval of an agreement between MNWD and CVWD to provide water service to 98 parcels in the Peppertree Bend service area; (2) an agreement with Mr. Reising to allow for construction cost reimbursement of $148,922.21 for construction of a required 12 -inch water pipeline; (3) acceptance of dedication of easements with Mr. Reising and Mr. Grasso to allow the water service to be constructed from the CVWD boundary to the MNWD boundary through their respective properties; 4) an agreement with Mr. Grasso to allow for the reimbursement of $23,443.20 forthe dedicated easement; and transferof $175,000 from CIP No. 753 to CIP No. 790 to provide funding for the reimbursement agreements. Written Communications: Report dated December 3, 2002, prepared by Amy Amirani, Public Works Director. Presentation: Amy Amirani, Public Works Director, reviewed the staff recommendation. Board Action: Moved by Director Gelff, seconded by Director Hart and carried unanimously, 5-0, to approve a Water Services Agreement with Moulton Niguel Water District for water facilities located in Tentative Parcel Map 93-129, the General Manager authorized to make minor changes to the agreement, and the Chairman authorized to execute the agreement; Improvement and Reimbursement Agreement for Water and Sewer Facilities with William E. Reising and Bonnie H. Reising Trust approved, and the Chairman authorized to execute the agreement; an Improvement Agreement for Water and Sewer Facilities with the A. and L. Grasso Revocable Trust approved, and the Chairman authorized to execute the agreement; Resolution No. CVWD 02-12-03-01 adopted entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT ACCEPTING PUBLIC WATER EASEMENTS FROM THE WILLIAM E. REISING AND BONNIE H. REISING TRUST (APN 649-342-01) AND THE A. L. GRASSO REVOCABLE TRUST (APN 121-090-18 & -22);" and the Clerk of the Board Directed to Process Recording of the documents; and, a transfer of $175,000 from CIP No. 753 to CIP No. 790 approved to provide funding forthe reimbursement agreements. CVWD Minutes 12-3-02 ADJOURNMENT There being no further business, Chairman Bathgate adjourned the meeting at 8:01 p.m. to a Regular meeting, Tuesday, January 7, 2003, at 5:30 p.m. for Closed Session and 7:00 p.m. for the Public Business Session in the City Council Chamber. Respectfully submitted, R. MONAHAN, CLERK OF Approved: January 7, 2003 ATTEST: CVWD Minutes 3 t2-3-02 0 0 RESOLUTION NO. CVWD 02-12-03-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, ACCEPTING PUBLIC WATER EASEMENTS FROM THE WILLIAM E. REISING AND BONNIE H. REISING TRUST (APN 649-342-01) AND THE A. AND L. GRASSO REVOCABLE TRUST (APN 121-090-18 & 22) WHEREAS, The Capistrano Valley Water District (CVWD) has been negotiating with Moulton Niguel Water District (MNWD) to construct a water system interconnection pipeline between CVWD and MNWD; and, WHEREAS, in conjunction with the construction of the water system interconnection pipeline, CVWD must obtain the right to construct and the dedication of the required easements from said real properties; and, WHEREAS, the owners of said real properties have, upon request by the Capistrano Valley Water District, agreed to the conditions of the Improvement and Reimbursement Agreement, agreed to the conditions of the Improvement Agreement, and granted the necessary easements to CVWD; and, NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Capistrano Valley Water District as follows: SECTION 1: The required easement from The William E. Reising and Bonnie H. Reising Trust is hereby accepted. SECTION 2.: The required easement from The A. and L. Grasso Revocable Trust is hereby accepted. SECTION 3.: The Clerk of the Board is hereby authorized to forward the Agreements and Easements to the Orange County Recorder's Office for recordation. PASSED, APPROVED, AND ADOPTED this 3`d day of December 2002. CHAIRMAN I ATTEST: A 1 AAAA 4 av R. MONAHAN. CLERK OF 12-3-02 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed Clerk of the Board of the Capistrano Valley Water District, do hereby certify that the foregoing Resolution No. CVWD 02-12-03-01 was duly adopted by the Board of Directors of the Capistrano Valley Water District at a regular meeting thereof, held the 3rd day of December 2002, by the following vote: AYES: DIRECTORS: Hart, Gelff, Swerdlin, Soto, and Chairman Bathgate NOES DIRECTORS: None ABSENT: WkECT%ORS:, None R. MONAHAN, • • CVWD 72/3/2002 C1 AGENDA ITEM TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of an Agreement for Water Facilities with Moulton Niguel Water District, Improvement and Reimbursement Agreements, and Acceptance of Easements for Construction of Water Facilities (Reising and Grasso Properties) (TPM 93-129) RECOMMENDATION: By motion, Authorize the Chairman to execute the Water Service Agreement with Moulton Niguel Water District for water facilities located in TPM 93-129; 2. Authorize the Chairman to execute the Improvement and Reimbursement Agreement for Water and Sewer Facilities with the William E. Reising and Bonnie H. Reising Trust; 3. Authorize the Chairman to execute the Improvement Agreement for Water and Sewer Facilities with the A. and L. Grasso Revocable Trust; 4. Adopt a resolution accepting a water easement from the William E. Reising and Bonnie H. Reising Trust and an easement from the A. and L. Grasso Revocable Trust, and direct the Clerk of the Board to process the recording of the documents, and 5. Transfer $175,000 from CIP #753 to CIP #790 to provide funding for the reimbursement agreements. SITUATION: A. Summary and Recommendation The Capistrano Valley Water District (CVWD) has been implementing the Capital Improvement Projects based on the priorities listed in the Domestic Water Master Plan. The Master Plan, realizing the importance of providing two sources of water to each zone and to reduce electricity costs, recommended a connection to the Moulton Niguel Water District (MNWD) water system as a high priority project. The Peppertree Bend water system only has one source of supply to serve 98 homes �'4:—L:aS VAS t,.4„y?§iJIL F�:v L,'�d:•i.J, Agenda Item • Page 2 • December 3, 2002 (Attachment 7), via a hydro -pneumatic pump station, which has proven to be extremely difficult to operate. A connection from MNWD to CVWD will enable CVWD to have another source of water to the Peppertree Bend water system. This interconnection will benefit existing and future CVWD customers within the Peppertree Bend area by providing a primary gravity feed to the area and assigning the pumped operations to a backup position. Thus, providing gravity fed water at a substantively lower cost than the pumped water. In order to achieve this goal and to construct the interconnection, the following items need to be completed: 1) An agreement between MNWD and CVWD to provide water service to the 98 parcels in the Peppertree Bend service area that is located within CVWD boundaries. 2) An agreement with Mr. Reising to allow for the construction cost reimbursement of $148,922.21 for construction of a required 12 -inch water pipeline and other related improvements. 3) Acceptance of dedication of an easement from Mr. Reising to allow the water service to be constructed from CVWD boundary to the MNWD boundary through Mr. Reising's property. 4) Acceptance of dedication of an easement to allow the water service to be constructed from CVWD boundary to MNWD boundary through Mr. Grasso's property. 5) An agreement with Mr. Grasso to allow for the reimbursement of $23,443.20 for the above dedicated easement. Reising and Grasso agreements and dedication of easements In association with the construction of a water main pipeline between MNWD and CVWD, staff contacted property owners on the northwest side of Peppertree Bend in order to obtain the property easement rights to make such an interconnection. During this process, the alignment running through the subject property owners, known as Reising and Grasso, were found to be the most feasible alignment. For consideration of the necessary water pipeline through the properties, the following was negotiated: Reising Property: Improvement and Reimbursement Agreement for the construction cost of $148,922.21 for the 12 -inch water main and other improvements (Attachment 2), and the required easement for the construction of this water main through the Reising property (Attachment 3). Grasso Property: Improvement Agreement for the payment of $23,443.20 to the A. and L. Grasso Revocable Trust for the required easements (Attachment 4), and an easement through the Grasso property (Attachment 5). PApublic works\pwshared\agenda\021203�mprove&reimbursewtmgn.doc Agenda Item • Page 3 • December 3, 2002 Reising and Grasso have agreed to the conditions of the agreements and have executed the appropriate agreement and easement documents. Staff, therefore, recommends the approval of the Agreements for Water and Sewer Facilities, and adopt the Resolution (Attachment 6) accepting the easements from these property owners. Moulton Niguel Water District Agreement In addition to the construction of the water main pipeline through these properties, a continuation of this pipeline through the property known as Tentative Parcel Map 93-129, located west of the Reising and Grasso properties in the City of Laguna Niguel, is required to complete the interconnection between the two water Districts. As mentioned earlier, this interconnection has major benefits for our system. Construction of this segment of the pipeline requires CVWD to enter into a Water Services Agreement with MNWD (Attachment 1). This agreement entitled "Water Service Agreement Between Capistrano Valley Water District and Moulton Niguel Water District for Water Facilities Located in TPM 93-129" is scheduled for approval during MNWD's November 21, 2002, Water Board Meeting. The attached agreement is substantially in its final form. Confirmation of MNWD's approval and any changes will be conveyed orally at the Board's meeting, therefore, staff recommends the approval of the Water Service Agreement. In consideration of MNWD providing a water connection to the CVWD system, they have requested a reciprocal Sewer Service Agreement between the City of San Juan Capistrano (City) and MNWD for the City to provide sewer services to property located in the MNWD jurisdiction. This sewer services item is on the City Council agenda tonight for consideration as a companion item. COMMISSION/BOARD REVIEW, RECOMMENDATIONS: The Environmental Administrator, Planning Commission, WaterAdvisory Commission (the Commission), and the Water Board have previously reviewed and approved the High West Side Pipeline project, which is conceptually included in this water main segment. The final agreements and easements will be presented to the Commission at its meeting of 11.26.02. Staff will orally convey the Commission's comments in the presentation. FINANCIAL CONSIDERATIONS: All applicable development fees have been paid and the required sureties posted with the District and City. The District will reimburse Reising an amount not to exceed $148,922.21 for the cost of a 12 -inch water main pipeline and water facilities, rolled curb, asphalt driveway, and earthwork cost to be paid in portioned amounts during construction when said improvements are constructed to the satisfaction of the District and City Engineer. The PApublic works\pwshared\agenda\021203Umprove&reimbursewtmgn.0oc Agenda Item • Paqe 4 • December 3, 2002 District will pay Grasso an amount of $23,443.20 for the easement. The construction of the Terminal Reservoir No. 2 Project (CIP #753) is not anticipated this fiscal year due to additional geotechnical investigations required for completion of the design. Therefore, there are sufficient funds available in CIP #753 to transfer $175,000 to CIP #790 to pay for the reimbursement and easement agreements. The MNWD charges for the water provided consists of the sum of the purchase cost of Metropolitan District Water, a meter charge, a nominal administrative charge, and the cost of transporting the water to MNWD's 750 zone system. In addition to the work described in this agenda item, the Domestic Water Master Plan includes $225,000 for the connection to the MNWD system, the meter, the pressure regulating valve, and miscellaneous piping to complete this project. NOTIFICATION: Moulton Niguel Water District* William E. Reising* Albert L. Grasso* Toal Engineering, Inc. ALTERNATE ACTIONS: 1. Authorize the Chairman to execute the Water Service Agreement with Moulton Niguel Water District for water facilities located in TPM 93-129; 2. Authorize the Chairman to execute the Improvement and Reimbursement Agreement for Water and Sewer Facilities with the William E. Reising and Bonnie H. Reising Trust; 3. Authorize the Chairman to execute the Improvement Agreement for Water and Sewer Facilities with the A. and L. Grasso Revocable Trust; 4. Adopt a resolution accepting a water easement from the William E. Reising and Bonnie H. Reising Trust and an easement from the A. and L. Grasso Revocable Trust, and direct the Clerk of the Board to process the recording of the documents, and Transfer $175,000 from CIP #753 to CIP #790 to provide funding for the reimbursement agreements. 6. Refer to staff for additional information. p:Vublic works\pwsharedragendaW21203Vmpmve&reimbursewhagn.doc Agenda Item • Paoe 5 RECOMMENDATION By motion, *December 3, 2002 1. Authorize the Chairman to execute the Water Service Agreement with Moulton Niguel Water District for water facilities located in TPM 93-129; 2. Authorize the Chairman to execute the Improvement and Reimbursement Agreement for Water and Sewer Facilities with the William E. Reising and Bonnie H. Reising Trust; 3. Authorize the Chairman to execute the Improvement Agreement for Water and Sewer Facilities with the A. and L. Grasso Revocable Trust; 4. Adopt a resolution accepting a water easement from the William E. Reising and Bonnie H. Reising Trust and an easement from the A. and L. Grasso Revocable Trust, and direct the Clerk of the Board to process the recording of the documents, and 5. Transfer $175,000 from CIP #753 to CIP #790 to provide funding for the reimbursement agreements. Respectfully Submitted, Amy Amirani Public Works Director AA/CLH:ch Prepared by, C', 4 ---- Craig Harris Assistant Engineer Attachments: 1. Water Service Agreement Between MNWD and CVWD 2. Improvement and Reimbursement Agreement for Water and Sewer Facilities - The William E. Reising and Bonnie H. Reising Trust 3. Water Easement Document — Reising 4. Improvement Agreement for Water and Sewer Facilities — The A. and L. Grasso Revocable Trust 5. Water Easement Document — Grasso 6. Resolution to Accept Easements 7. Location Map P1public works\pwshared\agenda\021203�mpmve&reimbursewlragn.doc i 41 WATER SERVICE AGREEMENT BETWEEN CAPISTRANO VALLEY WATER DISTRICT AND MOULTON NIGUEL WATER DISTRICT FOR WATER FACILITIES LOCATED IN TPM 93-129 (APN 121-100-63, 77, 78, 79, 80 and a portion of APN 121-100-66) This Water Service Agreement for extraterritorial water service is made and entered into this day of 2002 pursuant to California Government Code Section 56133, by and between the Capistrano Valley Water District, a public corporation (hereinafter referred to as "CVWD"), and Moulton Niguel Water District (hereinafter referred to as "MNWD"). RECITALS A. MNWD intends to provide water service to the property known as Tentative Parcel Map 93-129, which is within. MNWD boundaries; and B. CVWD wishes to obtain water capacities from MNWD which said capacities would be delivered through a combination of water facilities constructed in association with the development improvements for TPM 93-129 and CVWD improvements within CVWD boundaries; and C. The water capacities shall be measured and controlled through a Water Metering & Pressure Reducing Station (WMPRS); and D. MNWD currently has the additional water capacity to accommodate CVWD anticipated water demands; and NOW THEREFORE in consideration of the mutual covenants and conditions herein contained, the parties hereby agree as follows: AGREEMENT 1. License. Subject to the terms and conditions of the Agreement, MNWD agrees to provide water service to TPM 93-129 and allow the delivery of ATTACHMENT 0 0 water capacities delivered to CVWD through a combination of water facilities constructed in association with the development improvements for TPM 93-129 and CVWD improvements within CVWD boundaries. 2. Location of Connection. The connection between MNWD's 8 -inch water main pipeline and the proposed 12 -inch water main pipeline to CVWD shall be within TPM 93-129 at the location of the WMPRS. The general location of the point of connection is depicted on Exhibit "A". The final, specific location shall be approved by the Director of Engineering of MNWD prior to any construction. 3. Maintenance of the Water Metering & Pressure Reducing Station (WMPRS) and 12- Water Main Pipeline. CVWD agrees to be responsible for all maintenance and operating requirements, after the one-year warranty period has been successfully completed, for the proposed WMPRS and 12 -inch water main pipeline from said WMPRS to the connection to existing water facilities within CVWD boundaries. 4. Compliance with Rules and Regulations. CVWD agrees to comply with and abide by, and to cause the owner/developer of TPM 93-129, to comply with and abide by, all rules and regulations of MNWD and those imposed by any governmental authority or public agency relating to the CVWD WMPRS and Water Pipeline, the MNWD water Pipeline, and water service to TPM 93-129. 5. Water Cost. MNWD will sell water to CVWD to serve areas within CVWD boundaries at MNWD's cost of purchased water plus reasonable costs of administration and wheeling the water through MNWD's system. 6. Indemnity. Each party hereby agrees to mutually indemnify and hold the other parties harmless from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys fees, property damage, bodily injuries, personal injury, losses or liabilities, in law or in equity, of 0 O every kind and nature to the extent that the same are the result of an error, omission or negligent act of the other, its officers or employees, or any other person acting pursuant to its control in performing under this agreement. Each party hereby agrees to mutually indemnify and hold the other parties harmless from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys fees, property damage, bodily injuries, personal injury, losses or liabilities, in law or in equity, of every kind and nature to the extent that the same are the result of an error, omission or negligent act of the other, its officers or employees, or any other person acting pursuant to its control in performing under this agreement. 7. Attorney's Fees. If either party hereto commences any action to enforce any provision of this License, the prevailing party shall be entitled to receive from the other party, in addition to damages, equitable or other relief, all costs and expenses incurred, including reasonable attorney's fees. 8. Successors: Assignment. This License will be binding upon and inure to the benefit of the parties' successors hereto. MNWD shall not assign its rights and obligations hereunder without the prior written notice to, and written consent, of CVWD. 9. Waiver. The failure of either party to insist on compliance with any of the terms, covenants, or conditions of this License by the other party shall not be deemed a waiver of such terms, covenants, or conditions of this License by the other party shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power conferred by this License at any other time, or times, by a party be deemed a waiver or relinquishment of that right or power for all or any other times. 10. Severability. If any part of this License is held to be illegal or unenforceable or void for any reason by a court of competent jurisdiction, the validity of enforceability of this License as a whole shall not be affected and the remainder and all other provisions of this License shall be given affect to the maximum extent permissible by law. 11. Entire Agreement. This License supersedes any and all agreements between the parties with respect to the subject matter herein, and contains the entire agreement between the parties with respect to those matters. 12. Amendment. No addition to or modification of any provision contained in this License shall be effective unless fully set forth in a writing signed by both parties. 13. Notice. Any notice required or permitted to be given hereunder shall be deemed to have been validly or given or made only if in writing and when received by the party to whom it is directed by personal service, hand delivery, or United States Mail as follows: If to MNWD: Mr. Carlo Habash, Director of Engineering Moulton Niguel Water District 27500 La Paz Road Laguna Niguel, CA 92677 If to CVWD: Margaret R. Monahan, Clerk of the Board City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Either party may change its address above at any time by written notice to the other. 14. Recitals/Exhibits: Counterparts. The Recitals are incorporated in 0 9 this License. The Exhibits referenced in this License and attached to this License are incorporated herein. This License may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed. Date: ATTEST: CAPISTRANO VALLEY WATER DISTRICT , 2002 By: Margaret R. Monahan, Clerk of the Board APPROVED AS TO FORM John R. S aw, City Attorney Diane Bathgate, Chairman MOULTON NIGUEL WATER DISTRICT Date: 2002 By: Larry Lizotte, President ATTEST: Leslie Gray, Secretary APPROVED AS TO FORM Patricia B Giannone, General Counsel UING -OF— PVC SEWER Y OF SAN rf. EXHIBIT "li" fig i} 27' WffH/N RURAL ROAD 3 0 4' 70' 10' 3' z I 10 MIN. WATER—�f� vSEWER NOTE: SEWER k WATER TO BE WRHIN 70' WIDE EASEMENT WHEN NOT WITHIN RURAL ROAD, RQAD / EASEMENT DETAIL, IY. T.S. a ADARAS a STREETER CIYt! �NGINEE.R.S. [MG, 16 Corporate Park, irvirro, GA 92600 Pk (949) 474.230D F,m 19491 474-0261 Off&& an91mar199®ad.ma-ettaeler.eom J.M. 00I M5 EXHIBIT "A" 0 RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER AND SEWER FACILITIES - THE WILLIAM E. REISING AND BONNIE H. REISING TRUST (APN 649-342-01) THIS AGREEMENT is entered into this 3`d day of December, 2002 by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as "District", CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and THE WILLIAM E. REISING AND BONNIE H. REISING TRUST, herein referred to as "Developer". WITNESSETH Whereas, Developer agrees to construct, at a reimbursable estimated amount, the water facilities to complete a connection between the District and Moulton Niguel Water District (MNWD), that will benefit existing and future customers within the 527W pressure zone, an area known as Peppertree Bend, hereinafter referred to as "Water Improvements"; and, Whereas, Developer agrees to design and construct, at a reimbursable estimated amount, the sewer facilities and will allow the City and MNWD enter into an "Sewer Service Agreement" that would facilitate the construction of an 8 -inch sewer main, hereinafter referred to as "Sewer Improvements"; and, ATTACHMENT 0 0 Improvement and Reimbursement Agreement The William E. Raising and Bonnie H. Reising Trust Whereas, because the aforementioned water improvements benefit existing and future customers within the 527W pressure zone, Peppertree Bend, and sewer improvements that benefit the property known as Parcel Map 93-129, the Developer is therefore entitled to reimbursement for the cost of improvement; and, Whereas, Developer desires to enter into this agreement to provide means for allowing the construction of the water and sewer improvements as well as a mechanism for reimbursing the Developer for the costs incurred in constructing such improvements. NOW, THEREFORE, BE IT RESOLVED BETWEEN DISTRICT, CITY, AND DEVELOPER AS FOLLOWS: SECTION 1. DEVELOPER OBLIGATIONS a. Developer agrees to construct a 12 -inch water main pipeline and appurtenances shown and delineated upon the improvement plans entitled "Public Sewer and Water Extension Plan at Lot 10, Tract 10593 Peppertree Bend". b. Developer agrees to construct a 8 -inch sewer main and facilities as shown on the improvement plans entitled "Public Sewer and Water Plan at Lot 10, Tract 10593 Peppertree Bend" and will allow the City and MNWD enter into an "Sewer Service Agreement' that will facilitate the connection to the City sewer system for Parcel Map 93-129. C. Developer shall provide a surety bond to secure the faithful performance of this Agreement in the amount of 110% of the total cost of the improvements as described in sub -section (a) above. 2 W:\ENG\DVLP\SP\REISI NG\REI MBU RS3. DOC 0 9 Improvement and Reimbursement Agreement The William E. Reising and Bonnie H. Reising Trust d. Developer shall provide a surety bond to secure the faithful performance of this Agreement in the amount of 100% of the total cost of the improvements as described in sub -section (b) above. e. Developer shall comply with District/City bidding policies that require a minimum of three (3) bids be obtained from properly licensed contractors to insure reasonable construction cost for said water and sewer improvements and District/City shall be made aware and concur with said bidding results. SECTION 2. DISTRICT OBLIGATIONS a. In accordance with the cost calculation described in (Exhibit "A"), the District agrees to reimburse the Developer an estimated amount, not to exceed $148,922.21, for the cost to construct a 12 -inch water main pipeline and appurtenances, roadway, and grading improvements shown and delineated upon the improvement plans entitled `Public Sewer and Water Plan at Lot 10, Tract 10593 Peppertree Bend". b. District shall include constructed public water facilities in their normal maintenance program. C. District requires that the water and sewer improvements be constructed conjointly with the development of Lot 10, Tract 10593 improvements. d. District shall be responsible for the construction of the private driveway that serves as a common access to the properties known as 31645 and 31661 Peppertree Bend and repair of said private driveway if it becomes damaged due to the failure and/or maintenance requirements of the water improvements. 3 W:\ENG\DVLP\SP\REISING\REIMBURS3.DOC 0 9 Improvement and Reimbursement Agreement The William E. Reising and Bonnie H. Reising Trust SECTION 3. CITY OBLIGATIONS a. In accordance with the cost calculation describe in (Exhibit "A"), the City agrees to reimburse the Developer an estimated amount, not to exceed $49,313.28, for the design and construction of an 8 -inch sewer main and facilities as shown on the improvement plans entitled "Public Sewer and Water Plan at Lot 10, Tract 10593 Peppertree Bend" and may enter into an "Sewer Service Agreement' with MNWD that will facilitate the connection to the City sewer system for Parcel Map 93-129, of which the sewer improvements shall be paid for by the District/City with the understanding that the developer of the property known as PM 93-129 shall be responsible to construct the 12 -inch water main pipeline and 8 -inch sewer main within the boundaries of PM 93-129 and connect said improvements to the water and sewer improvements associated with this agreement. b. City shall be responsible for the maintenance and repair of the private driveway that serves as a common access to the properties know 31645 and 31661 Peppertree Bend if said private driveway becomes damaged due to the failure and/or maintenance requirements of the sewer improvements. SECTION 4. CONSTRUCTION AND COMPLETION a. Developer shall, at a reimbursable amount, construct and install within twenty-four (24) months from the effective date of this Agreement, all of the water and sewer facilities shown and delineated upon the improvement plans entitled "Public Sewer and Water Plan at Lot 10, Tract 10593 Peppertree Bend Interconnect' as approved by the District Engineer of the Capistrano Valley Water District and the City Engineer of the 4 W:\ENG\DVLP\SP\REISING\REIMBURS3.DOC 0 0 Improvement and Reimbursement Agreement The William E. Raising and Bonnie H. Reising Trust City of San Juan Capistrano and on file with said City and by reference made a part of this Agreement as though fully set forth herein. b. Developer shall construct said water and sewer facilities in accordance with the approved plans, District's standard plans and specifications, City's standard plans and specifications, and under City's inspection, and shall indemnify and hold harmless all officers, employees and agents of the City and District from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, and caused in whole or in part by any negligent act or omission of Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. C. If Developer has not completed the work within twenty-four (24) months from the effective date of this Agreement, District/City has the right but not the obligation, to call the security for faithful performance and complete the work. Any work performed after said twenty-four (24) months, whether by Developer, District, City, or others, shall be in accordance with District's standard plans and specifications and City's standard plans and specifications in effect as of the time the work is performed. d. The security shall remain in effect for a minimum of 365 consecutive calendar days after all the water facilities have been completed and accepted by District, and shall continue in effect until exonerated in wilting by District. It shall be incumbent upon the developer to renew the security prior to its expiration. s W:\ENG\DV LP\SP\REISING\RE IMBURS3. DOC 0 9 Improvement and Reimbursement Agreement The William E. Reising and Bonnie H. Reising Trust SECTION 5. USE OF WATER a. Developer hereby expressly agrees that no water shall be used by Developer, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by District. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and District hereby states its intent to strictly enforce said Penal Code Section. b. In addition to any criminal penalties, and not as a substitute therefore, District will charge Developer, and Developer agrees to promptly pay District, $500.00 per day for unmetered use of District's water by Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. C. Temporary construction meters shall be provided to Developer by District at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited. d. Developer shall notify District as soon as it is reasonably practical to install any permanent meter, and District shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the District may install any meter when District determines it is desirable to do so. SECTION 6. GUARANTEE a. Developer hereby guarantees the materials and the workmanship of the water facilities for a period ending 365 consecutive calendar days after the acceptance of said water facilities by District, and hereby agrees to reimburse District for all costs 6 W:\ENG\DV LP\SP\REISING\REIMBURS3.DOC 0 0 Improvement and Reimbursement Agreement The William E. Reising and Bonnie H. Reising Trust associated with the accomplishment of necessary repairs, not to include normal preventative maintenance, to said water facilities which may have been made by District within the aforesaid guarantee period. SECTION 7. GENERAL a. Developer hereby offers to dedicate to District/City the water and sewer facilities together with necessary easements. b. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, District/City agrees to accept the water and sewer facilities, whereupon said water and sewer facilities shall become property of District/City with obligation to repair and maintain same. C. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. d. Should either party be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attorneys' fees. SECTION 8. INSURANCE AND INDEMNIFICATION During the construction period and for the purpose of construction Developer, Contractor, and/or Subcontractor shall maintain in full force and effect the following insurance: a. Comprehensive General Liability W:\ENG\DVLP\SP\REI SING\RE IMBU RS3. DCC Improvement and Reimbursement Agreement The William E. Raising and Bonnie H. Raising Trust Comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contractual period • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. b. Comprehensive Automobile Liability Comprehensive automobile liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: • $500,000 property damage; • $500,000 injury to one person/any occurrence/not limited to contractual period • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. C. Worker's Compensation During the construction period, if Developer, Contractor, and/or Subcontractor employs employees to perform services under this Agreement, Developer or Contractor shall obtain and maintain, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. s W:\ENG\DVLP\SP\REISING\REIMBURS3.DOC Improvement and Reimbursemenoeement The William E. Raising and Bonnie H. Raising Trust These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the City/District. Developer shall provide an endorsement to City/District establishing that City/District has been legally added as an additional insured to the insurance policies required under this Agreement. Developer shall indemnify and hold City/District harmless from any and all claims, demands, actions, attorney's fees, costs, and expenses based upon or arising out of errors, omissions, or negligent acts of Developer, its associates, employees, subcontractors, or other agents while performing services under this Agreement. In the event an action is commenced by a party to this Agreement against any other party or parties hereto to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees. SECTION 9. NOTICES a. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: WILLIAM E. REISING 32222-A Camino Capistrano San Juan Capistrano, CA 92675 9 W.\ENG\D V LP\SP\REI SINGVREI MBURS3. DOC Improvement and Reimbursementeement The William E. Raising and Bonnie H. Raising Trust i SECTION 10. AGREEMENT RUNS WITH THE LAND a. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. SECTION 11. ENTIRE AGREEMENT a. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. SECTION 12. INDEPENDENT AGENT a. At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the City/District. City/District shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however, City/District shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. SECTION 13. INDEMNITY a. Developer shall be responsible for all injuries to persons and for damages to real or personal property of the City/District, caused by or resulting from any activity or operation of Developer, its employees or its agents during the progress of or connected with the rendition of services hereunder. Developer shall defend and hold harmless and indemnify all officers, employees and agents of City/District from all costs and claims for damages to 10 W:\ENG\DV LP\S%REI SI NG\REI MBU RS3. DOC ,Improvement and Reimbursemenleeement • The William E. Reising and Bonnie H. Reising Trust real or personal property or personal injury to any third party resulting from the activity of itself, employees or its agents. SECTION 14. DEVELOPER NOT AN AGENT a. Except as City/District may specify in writing, Developer shall have no authority, express or implied, to act on behalf of the City/District in any capacity as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind City/District to any obligation. SECTION 15. ATTORNEYS FEES a. If a judicial action is required to resolve a dispute arising under this agreement or to otherwise enforce any provision of this agreement, then the prevailing party shall be entitled to reimbursement for the reasonable attorney's fees and costs from the other party. tt W:\ENG\D V LP\SP\REISING\REI MBURS3. DOC Improvement and Reimbursemerreement The William E. Reising and Bonn, Raising Trust 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of thirteen pages, on the above date. THE WILLIAM E. REISING AND BONNIE H. REISING TRUST 32222-A Camino Capistrano San Juan Capistrano, CA 92675 By:" William E. Reisi Date: y S --0 Z By: Bonnie H. Reising Date: J J'-0-2 (Attach Notary Acknowledgement) 12 W AENG\DVLP\SP\REISING\REIMBURS3.DOC CITY OF SAN JUAN CAPISTRANO M Diane Bathgate, Mayor CAPISTRANO VALLEY WATER DISTRICT A -- Attest: Attest: Diane Bathgate, Chairman Margaret R. Monahan, City Clerk & Clerk of the Board APPROVED AS TO FORM: By:^ John S a , City Attorney & District Counsel before me, and personally appeared Nam s) o iBner(s /personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iaflare subscribed to the within instrument and acknowledged to me that 4aAshe/they executed the same in his/herftheir authorized capacity(ies), and that by hWher/their signature(s) on the instrument the person(s), JANICE ANN GOODMAN or the entity upon behalf of which the person(s) acted, ��#tyy executed the instrument. NotaY Public - Cdtrarr b Orange Co" A'ArCtxmtBq>iresoct3o.aID4 WITNESS my hand and official seal. Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attshed Document YP Title or T e of Document: Csi.l n, -44,0� Document Date: �Cl_,.7y 7, az cob -4 Number of Pages: /3 Signer(s) Other Than Named Above: Capacity(ies)�C[laimed by Signer(s) Signer's Name: 6),Y//M ❑ Individual ❑ Corporate Officer Title(s): D Partner —❑ Limited ❑ General q Morney-in-Fact 2Trustee ❑ Guardian or Conservator EJ Other: Signer is Representing: RIGIi DF SIGNER ER IM Signer's Name; LCP_ !T•{�l Sr 7� ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact rustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRIIJT OF SIGNER 0 1995 Netbnv N01ary Asaadatlon •6235 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 81309-71 B4 Pm6 No. 5907 R.,m Cal Too -Free 1.806676-6827 Improvement and Reimbursem*reement • The William E. Reising and Bonnie H. Reising Trust EXHIBIT "A" PUBLIC IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT SUMMARY OF REIMBURSABLE COST WATER IMPROVEMENTS ESTIMATED AMOUNT Const. 12" x 8"' Cut -in -tee Connection 4,100.00 Furnish & Inst. 12" Resilient Wedge Gate Valve 2,700.00 Furnish & Inst. 12" CML&C Water Main 44,840.00 Furnish & inst. Res. Fire Hydrant, Water Service & Air/Vac 4,700.00 12" 90 degree & Const. Thrust Blocks 250.00 R&R Asphalt in kind on Peppertree Bend 2,700.00 Sand Bedding 2,212.50 Water Imp. Subtotal $61,502.50 ROADWAY IMPROVEMENTS 2,913.50 Remove & Replace Asphalt Pavement 28,080.00 Furnish & Inst. 24" Wide Rolled Curb 11,128.75 Roadway Imp. Subtotal $39,208.75 GRADING IMPROVEMENTS Excavate, keyway, and re -build sloe 28,500.00 Grading Imp. Subtotal $28,500.00 Total $129,211.25 10% Overhead / Profit and 3% bond 16,797.46 Rain Related Delay Cost 2,913.50 TOTAL DISTRICT REIMBURSEMEN11 $148,922.21 SEWER IMPROVEMENTS ESTIMATED AMOUNT Connection to Existing Manhole 950.00 Construct Manhole 8,550.00 Furnish & Inst. 8" SDR 26 Sewer Main & Sewer Lateral 27,365.25 8" Cleanout 310.00 R&R Asphalt (in kind) on Peppertree Bend 1,800.00 Rock Bedding 2,086.50 Sewer Imp. Subtotal $41,061.75 10% Overhead / Profit and 3% Bond 5,338.03 Rain Related Delay Cost 2,913.50 TOTAL DISTRICT/CITY REIMBURSEMENT $49,313.28 TOTAL REIMBURSEMENT AMOUNt $198,235.49 13 W:\ENG\DVLP\SP\REISING\REIMBURS3.DOC EXHIBIT "A" C] RECORDED AT THE REQUEST OF AND RETURN TO. CAPISTRANO VALLEY WATER DISTRICT 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Attm Clerk of the Board PROJECT NAME OR NUMBER: High West Side Pipeline — CIP#790 Reising Property (APN 649-342-01) 31661 Peppertree Bend San Juan Capistrano, CA 92675 C� (Space above this line for Racnrdees Use) Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 Margaret R. Monahan, Clerk of the Board EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The William E. Reising and Bonnie H. Reising Trust ("GRANTOR") does hereby grant to Capistrano Valley Water District, a public corporation ("GRANTEE"), a non- exclusive easement and right-of-way in, over, under, upon, along, through and across the real property, 31661 Peppertree Bend, (Lot 10 of Tract 10593, as per map recorded in Book 466, Pages 19 through 24), situated in the City of San Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" and shown on (sketch) Exhibit "B" attached hereto and by this reference made a part hereof. Such easement and right-of-way shall be for water transmission purposes, including, without limitation, the right to enter upon, pass, re -pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re -grade, and otherwise use water pipelines and facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the easement area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior written consent of the Capistrano Valley Water District: ATTACHMENT 3 Construct or place aneet, alley, roadway or any other impr�ent or structure within the easement area. 2. Place upon or remove from the easement area any earth or material. GRANTOR The William E. Reising and Bonnie H. Reising Trust 31661 Peppertree Bend San Juan Capistrano, CA 92675 B William E. Reisi o -Trustee �-ate Date Signed By. Bonnie H. Reising, Co -T) steE Dat - Date Signed Notarized Signatures ATTEST: (Attach All -Purpose Acknowledgement) 2 of 2 W:\ENG\DVLP\SP\GRASSO\ESMNT 1.DOC EXHIBIT "A" PUBLIC UTILITY EASEMENT In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Lot 10, Tract 10593, as per map recorded in Book 466 Pages 19 through 24, Miscellaneous Maps, records of Said Orange County, more particularly described as follows: Beginning at the most Easterly comer of said Lot 10; thence Southwesterly along the Southeasterly line of said Lot 10 South 53°46'05" West 20.08 feet to the most Southerly corner of said Lot 10; thence North 41026'28" West 150.01 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 220.00 feet; thence Northwesterly along said curve through a central angle of 17°44'32" an are length of 68.12 feet; thence tangent to said curve North 59°11'00" West 38.23 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 240.00 feet; thence Northwesterly along said curve through a central angle of 31058'32" an arc length of 133.94 feet to a point in the Northwesterly line of said Lot 10; thence Northeasterly along said Northwesterly line North 48°34'20" East 20.69 feet to the beginning of a non - tangent curve concave Northeasterly and having a radius of 220.00 feet, a radial line through said point bears South 64°06'58" West; thence Southeasterly along said non - tangent curve through a central angle of 33°17'58" an are length of 127.86 feet; thence tangent to said curve South 59°11'00" East 38.23 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 240.00 feet; thence Southeasterly along said curve through a central angle of 17°44'32" an arc length of 7432 feet; thence tangent to said curve South 41°26'28" East 151.83 feet to the POINT OF BEGINNING. d�&f� Olav S. Meum L.S. 4384 OLAV S. MEUM EXPIRES 9-30-05 NO. 43114 TOA/. ENGINEERIN INC. 139 AVENIDA NAVAR SAN CLEMENTE, CALIFORNIA 92672 (949) 492-8586 FAX (949) 498-8625 SHEET N0.OF 1 CALCULATED By BY ADATE 3//3/02 CHECKED BY O.S.M. DATE 3//3/02 SCALE i "= 60' EXHIBIT "B" N SKETCH TO ACCOMPANY LEGAL DESCRIPTION \\ r6 / y0• O � " l� \ P O \ o >• ��' N 59°11'00" W \ �^ 38.23' \ o R = 240.00' \ e = 17044'32" \ N 59°11'00" W L = 74.32' \ LOT 10 38.23' \ R = 220.00' e = 17044132" L = 68.12' C ti F9 / �QQ110, F0, / 05 ' 64 <. / Olav S. Meum LS 4384 CALIFORNIA State of r. p County of --/jjf--, On ()/,%Iiji1 () before me, t �l� / � 4��, / Name a Itle of Officer (e.g.. °bane Doe, Nota Publicry personally appeared 6 lel ev 75e/, U00 `. 14P 6 , ; Pj sq . N e(s) of 5lgnens) '—I Re personally known to me – OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),i�re subscribed � to the within instrument and acknowledged to me that`410TIIIlC/they executed the same in44aA rer/their authorized capacity(ies), and that by 4is/4er/their signature(s) on the instrument the person(s), J JANICE ANN GOODMAN ` or the entity upon behalf of which the person(s) acted, 7 CommWon # 127M [ executed the instrument. Noisy Public_ Cadff Mia WIT ,E S my hand and official seal. Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 5Gt.Semo L Document Date: Number of Pages:!�— Signer(s) Other Than Named Above: Capacity(ies)/Claimed by Signer(s) Signer's Name: �{i't'l�/ �P(5SffA ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General D/ kttorney-in-Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ gttorney-in-Fact rustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHU"BPRINT OF SIGNER 0 1995 National Notary Association • 8236 Remmet A", P.O. Box 7184 • Canoga Perk CA 9139-7/84 Prod. No. 5907 Reorder: Cell Toll -Free 1-B0O87&8827 0 RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 IMPROVEMENT AGREEMENT 9 FOR WATER AND SEWER FACILITIES — THE A. AND L. GRASSO REVOCABLE TRUST (APN 121-090-18 & 22) THIS IMPROVEMENT AGREEMENT is entered into this 3rd day of December, 2002 by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as "District", CITY OF SAN JUAN CAPISTRANO hereinafter referred to as "City", and ALBERT L. GRASSO, herein referred to as "Grantor". WITNESSETH Whereas, Grantor agrees to allow the design and construction of water improvements to complete a connection to Moulton Niguel Water District (MNWD), that will benefit existing and future customers within the 527W pressure zone, an area known as Peppertree Bend, hereinafter referred to as "Water Improvements"; and, Whereas, Grantor further agrees to allow the design and construction of sewer improvements to complete a connection to the City sewer system, that will benefit the property known as Parcel Map 93-129, hereinafter referred to as " Sewer Improvements'; and, Whereas, Grantor further agrees to grant easements to City and District for water and sewer construction and access purposes of extending sewer and water service to property described in parcel map 93-129. ATTACHMENT 4 Improvement Agreement • Albert L. Grasso Page 2 NOW, THEREFORE, BE IT RESOLVED BETWEEN DISTRICT, CITY, AND GRANTOR AS FOLLOWS: SECTION 1. GRANTOR OBLIGATIONS a. Grantor agrees to grant the following easements over parcels known as Assessor's Parcel No. 121-090-18 and 121-090-22: 1. An fifteen (15) foot easement to the District for the purpose of constructing and accessing for maintenance purposes of a 12 -inch water main and appurtenances; 2. An fifteen (15) foot easement to the City for the purpose of constructing and accessing for maintenance purposes of a 8 -inch sewer main and facilities: b. Grantor further agrees to cooperate with City and District in allowing free access to the subject easement areas. SECTION 2. CITY AND DISTRICT OBLIGATIONS a. District shall pay the Grantor an amount of $23,443.20, based on the fair market value for water and sewer easements along with the ingress/egress rights over a portion of the properties known as Assessor's Parcel No's 121-090-18 and 121-090-22 to allow for the construction of said improvements. b. City and District agree to hold Grantor harmless from any and all claims, liabilities, demands, actions, cost, and expenses arising out of the construction, access to, or maintenance of the improvements provided for in this agreement. SECTION 3. NOTICES a. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be W:\ENG\DVLP\GRASSO\IMPAGMT.DOC Improvement Agreement • Albert L. Grasso Page 3 deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: ALBERT L. GRASSO 31645 Peppertree Bend San Juan Capistrano, CA 92675 SECTION 4. AGREEMENT RUNS WITH THE LAND a. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. SECTION 5. ENTIRE AGREEMENT a. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. W:\ENG\DVLP\GRASSO\IMPAGMT.DOC Improvement Agreement • Albert L. Grasso Page 4' IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of four pages, on the above date. The A. and L. GRASSO Revocable Trust 31645 Peppertree Bend San Juan Capistrano, CA 92675 By:it1.(�h/ Albert L. Grasso, Co -Trustee Date Signe By: o aao Lois M. Grasso, Co -Trustee /,�-- d� Date Signed (Attach Notary Acknowledgement) CITY OF SAN JUAN CAPISTRANO M Diane Bathgate, Mayor CAPISTRANO VALLEY WATER DISTRICT Z Attest: Diane Bathgate, Chairman Margaret R. Monahan, City Clerk & Clerk of the Board APPROVED AS TO FORM: By: John S aw, City Attorney & District Counsel State of California 'L— County of Orange J ss Ong-�� apda before mev.r'f Notary Public, personally appeared C,,L:P�60 who proved to me ont the basis f satisfactory evidence to be the Person whose nam is re subscr' ed to the within instrument and acknowledged to me that he/they executed the same in is her/their authorized capacity(i4, and the instrument the person, or the entity upon behalf of which the person00 acted, executed the instrument. WITNESS my hand and official seal DONNA L HOKANSON R. COMM. #13 vow I NOTARY PUBUO• CAUFORNIA .ij Notary Public ORANGE COUNTY R1 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE A(dbOWLEDGMENT �' • No. 5907 State of CALIFORNIA County of ORANGE On e F91 e_ 2gg52_before me, ,PHILIP J. HL16RES. NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., 'JANE DDE, NOTARY PUBLIC' personally appeared 1. CI, cS in (.e4SS8 NAME(S) OF SIGNER(S) ❑ personally known to me - OR - droved to me on the basis of satisfactory evidence to be the person(d) whose name(e.) is/are subscribed to the within instrument and ac- knowledged to me that #te/she/14ey executed the same in 4,Ii46/her/t4ek authorized aPHILIPJ.HUGHES capacity(ies), and that by h+s/her/tfrtit COMM.#1333847 a signature(4 on the instrument the person(s), ONotaryPublicCalHomia y or the entity upon behalf of which the ORANGE COUNTY P'ry Com M. Expires l 2/28/05 person(A) acted, executed the instrument. WMZ�SS my hand and official seal. It NATURE OF NOT RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E(S) ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P -O. Boz 7194 - Canoga Park CA 91309-7134 RECORDED AT THE REQUEST OF AND RETURN TO: CAPISTRANO VALLEY WATER DISTRICT 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Clerk of the Board PROJECT NAME OR NUMBER: High West Side Pipeline — CIP#790 Grasso Property (APN 121-090-18 & 22) 31645 Peppertree Bend, CA 92675 0 (Space above this line for Reccrdaes Use) Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 Margaret R. Monahan, Clerk of the Board EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The A. and L. Grasso Revocable Trust ("GRANTOR") does hereby grant to Capistrano Valley Water District, a public corporation ("GRANTEE"), a non- exclusive easement and right-of-way in, over, under, upon, along, through and across the real property, 31645 Peppertree Bend, (Parcel 3 and 4 of Parcel Map filed in Book 175, Pages 44 through 46 of Parcel Maps), situated in the City of San Juan Capistrano, County of Orange, State of California, as described in Exhibit "A" and "A-1" and shown on (sketch) Exhibit "B" and "B-1" attached hereto and by this reference made a part hereof. Such easement and right-of-way shall be for water transmission purposes, including, without limitation, the right to enter upon, pass, re- pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re -grade, and otherwise use water pipelines and facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the easement area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior written consent of the Capistrano Valley Water District: ATTACHMENT Construct or place ant, alley, roadway or any other impreent or structure within the easement area. 2. Place upon or remove from the easement area any earth or material. GRANTOR The A. and L. Grasso Revocable Trust 31645 Peppertree Bend San Juan Capistrano, CA 92675 By: KL�i?� Albert L. Grasso, Co -Trustee Date Signed By: Vl /ki��.o z eJ Lois M. Grasso, Co -Trustee �l- is -o 2 - Date Signed Notarized Signatures ATTEST: (Attach A)l-Purpose AcknaMedge t) 2 of 2 W:\ENG\DVLP\SP\GRASSO%ESMNTI .DOC 0 0 EXHIBIT "A" PUBLIC UTILITY EASEMENT In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Parcel 4 of Parcel Map filed in Book 175, Page 46 of Parcel Maps, records of said Orange County, more particularly described as follows: Beginning at the most Southerly comer of said Parcel 4; thence North 17°36'00" West 32.80 feet to a point in the Southwesterly line of said Parcel 4; thence leaving said Southwesterly line North 48034'20" East 166.15 feet; thence South 41°25'40" East 30.00 feet to a point in the Southeasterly line of said Parcel 4, said point also being the most Northerly point of Lot 10, Tract 10593 as per map recorded in Book 466 Pages 19 through 24, Miscellaneous Maps, records of Said Orange County; thence Southwesterly along said Southeasterly line South 48°34'20" East 179.40 feet to the POINT OF BEGINNING. Olav S. Meum L. S. 4384 OLAV S. MEUM EXPIRES 9-30-05 NO. 43S4 TOAL ENGINEERINC*INC. 139 AVENIDA NAVAR SAN CLEMENTE, CALIFORNIA 92672 (949) 492-8586 CAY (QAQ) dOR—RR9S JOB SHEET NO. ! OF CALCULATED BY A•L-• r_ DATE J11 Z10Z CHECKED BY 0•5•M• DATE JIIZIOZ EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION Olay S. Meum LS 4384 wee uar 0 9 EXXHIBIT "A—' I" PUBLIC UTILITY EASEMENT In the City of San Juan Capistrano, County of Orange, State of California, being that portion of Parcel 3 of Parcel Map filed in Book 175, Page 46 of Parcel Maps, records of said Orange County, more particularly described as follows: Beginning at the most Easterly corner of said Parcel 3; thence Southwesterly along the Southeasterly line of said Parcel 3 South 48°34'20" West 79.99 feet; thence leaving said Southeasterly line North 41°25'40" West 30.00 feet; thence North 48°34'20" East 93.24 feet to a point in the Northeasterly line of said Parcel 3; thence Southeasterly along said Northeasterly line South 17°36'00" East 32.80 feet to the POINT OF BEGINNING. ND 99 OLAV S. < Olav S. Meum L.S. 4384 MEUM � EXPIRES 9-3Q•r � � N0.400u4 �� TOAL ENGINEERIN*INC. 139 AVENIDA NAVAR SAN CLEMENTE, CALIFORNIA 92672 (949) 492-8586 FAX (949) 498-8625 JOB 1058'9 _ SHEET NO, OFIW 1 CALCULATED BY-A--L--T- DATE 3/13/OZ CHECKED BY O.S.M. DATE 3/13/OZ SCALE 1" _ N EXHIBIT "B' -I" SKETCH TO ACCOMPANY LEGAL DESCRIPTION State of California } County of Orange ss Onc'1/-/(? a©oa before m Notary Public, personally appearedr'�� K- 50 who proved to me ont the basis of satisfactory evidence to be the Person(#) whose name is re subscribed to the within instrument and acknowledged -to me that�elshe/they executed the same in � er/their authorized capacity(ios), and the instrument the person(}, or the entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and official seal DONNA L HO I COMM. #134793047930 "M"R5WUMY "'" m Notary Public . TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT State of CALI NIA County of On tOlQr�.irLAcm-before me, PHILIP J. W@Wg. NOTARY PUSUC (DATEI WAME/TITLE OF OFFICER.6e.'JANE DOE, NOTARY PUBLIC-) personally appeared ❑ personally known to me -OR- #LHItl' HUGHES 1333847 nblicCalforniam COUNTYxpires 1288/05 droved to me on the basis of satisfactory evidence to be the person ) whose name(FI Is/a*e- subscribed to the within instrument and acknowledged to me that lae/she/t**,o executed the same in W&1her/tgao4& authorized capacity(+esd, and that by his/her/the+r signature(g) on the instrument the person(, or the entity upon beh If of which the person(y) acted, executed the instrument. Witness my hand and official seal. (SEAL) Ira ( NA URE OF NOT Y) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It Could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of DESCRIBED AT RIGHT: Signerls) Other Than Named Above WOLCOTTS FORM 133440 Rev. 3.04 (Wiee class 8dA) Q1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) OCORPORATE OFFICERISI (TIT FS) OPARTNERISI ❑LIMITED ❑GENERAL OATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: INeme of Person(sl or Entity(ies) RIGHT THUMBPRINT (Options[) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) ❑CORPORATE OFFICERIS) RITUESI OPARTNER(S) ❑LIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEEISI O GUA RDIANICONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Personlsl or Entityliesl 7 ((((VIII VIII( I�63240 II 8 0 RESOLUTION NO. CVWD 02- 0 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT ACCEPTING PUBLIC WATER EASEMENTS FROM THE WILLIAM E. REISING AND BONNIE H. REISING TRUST (APN 649-342-01) AND THE A. AND L. GRASSO REVOCABLE TRUST (APN 121-090-18 & 22) WHEREAS, The Capistrano Valley Water District (CVWD) has been negotiating with Moulton Niguel Water District (MNWD) to construct a water system interconnection pipeline between CVWD and MNWD; and, WHEREAS, in conjunction with the construction of the water system interconnection pipeline, CVWD must obtain the right to construct and the dedication of the required easements from said real properties; and, WHEREAS, the owners of said real properties have, upon request by the Capistrano Valley Water District, agreed to the conditions of the Improvement and Reimbursement Agreement, agreed to the conditions of the Improvement Agreement, and granted the necessary easements to CVWD; and, NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Capistrano Valley Water District as follows: SECTION 1. The required easement from The William E. Reising and Bonnie H. Reising Trust is hereby accepted. SECTION 2. The required easement from The A. and L. Grasso Revocable Trust is hereby accepted. ATTACHMENT 6 i SECTION 3. Ll The Clerk of the Board is hereby authorized to forward the Agreements and Easements to the Orange County Recorder's Office for recordation. PASSED, APPROVED, AND ADOPTED this .2002. DIANE BATHGATE, CHAIRMAN ATTEST: MARGARET R. MONAHAN, CLERK OF THE BOARD day of ATTACHMENT 7 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) W IV I P sanjuancapistrano. org December 5, 2002 • Joao • IA[I11111111 uunelR � 196I 1776 MEMBERS OF THE CRY COUNCIL OHNE L BATHGATE C NE CAMPBELL JOHN S. GELFF WYAITHART DAVID M. SWERDUN CITY MANAGER GEORGESCARBOROUGH NOTIFICATION OF ACTION BY THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS On December 3, 2002 the Capistrano Valley Water District Board of Directors met regarding: "Consideration of an Agreement for Water Facilities with Moulton Niguel Water District, Improvement and Reimbursement Agreements, and Acceptance of Easements for Construction of Water Facilities (Reising and Grasso Properties) (TPM 93-129)." (Item No. C1) The following action was taken at the meeting: Water Service Agreement with Moulton Niguel Water District for water facilities located in TPM 93-129 approved, the General Manager authorized to make minor changes to the agreement, and the Chairman authorized to execute the agreement; Improvement and Reimbursement Agreement for Water and Sewer Facilities with the William E. Reising and Bonnie H. Reising Trust approved and the Chairman authorized to execute the agreement; Improvement agreement for Water and Sewer Facilities with the A. and L. Grasso Revocable Trust approved and the Chairman authorized to execute the agreement; Resolution No. CVWD 02-12-03-01 adopted accepting a water easement from the William E. Reising and Bonnie H. Reising Trust and an easement form the A. and L. Grasso Revocable Trust, and the Clerk of the Board directed to process recording of the documents; and $175,000 transferred from CIP #753 to CIP # 790 approved to provide funding for the reimbursement agreements The following documents are in the process of being executed: The water service agreement will be executed pending receipt from Moulton Niguel Water District; the (2) improvement and reimbursement agreements and the (2) easement documents have been executed and forwarded to the recorder for processing. Resolution No. CVWD 02-12-03-01 is in the process of being executed. If you have any questions regarding this action, please contact Craig Harris, Assistant Engineer at 487-4305 for more detailed information. Thank you, CMC Cc:Mo on Niguel Water District*; William E. Reising*; Albert L. Grasso*; Toal Engineering, nc.; Amy Amirani, Public Works Director; Craig Harris, Assistant Engineer DRUG USE IS Am 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) in"E, sanjuancapistrano. org -� A q IOIOIIRI111 • 191NBN1 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COU.ENE CAMPBELL JOHN S. GELFF WVATTHART DAVID M. SWERDLIN CITYMANAGER GEORGESCARSOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST CAPISTRANO VALLEY WATER DISTRICT The Board of Directors of the Capistrano Valley Water District will meet at 7:00 p.m. on December 3, 2002, in the City Council Chamber in City Hall, to consider: "Consideration of an Agreement for Water Facilities with Moulton Niguel Water District, Improvement and Reimbursement Agreements, and Acceptance of Easements for Construction of Water Facilities (Reising and Grasso Properties) (TPM 93-129)" — Item No. C1 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 Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, December 2, 2002 to allow time for the Board 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 Chairman when the item is considered. You have received this notice at the request of the City staff member Craig Harris, Assistant Engineer. You may contact that staff member at (949) 487-4305 with any questions. Capistrano Valley Water District agendas are available to you on the City's web site: www.sanjuancapistrano.org. Thank you for your interest, Brest, Meg Mo n, CMM/.(J�\ C City CI rk cc: Moulton Niguel Water District*; William E. Raising*; Albert L. Grasso*; Toal Engineering, Inc.; Amy Amirani, Public Works Director; Craig Harris, Assistant Engineer * Received staff report cnua use s San Juan Capistrano: Preserving the Past to Enhance the Future