03-0204_MOULTON NIGUEL WATER DISTRICT_Water Purchse AgreementWATER PURCHASE 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 Purchase Agreement is made and entered into this / "� day ofA4&4,1"r
2003 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"), a
California water district.
RECITALS
A. MNWD intends to provide water service to the property known as Tentative Parcel
Map 93-129, which is within MNWD boundaries.
B. CVWD wishes to obtain a backup source of water supply for certain areas within its
boundaries by purchasing water from MNWD, to be delivered through a combination of water
facilities constructed in association with the development improvements for TPM 93-129 and
improvements within CVWD boundaries.
C. The water purchased by CVWD from MNWD shall be measured and controlled
through a Water Metering & Pressure Reducing Station (WMPRS) owned by CVWD.
D. MNWD currently has the capability to provide additional water to accommodate, on
an interruptible basis, C V WD's anticipated water demands under the arrangement proposed herein,
subject to MNWD's first priority needs for such water supply and the MNWD Board of Directors
deems such arrangement to be in the best interests of MNWD.
NOW THEREFORE in consideration of the mutual covenants and conditions herein
contained, the parties hereby agree as follows:
AGREEMENT
1. Water Supply. Subject to the terms and conditions of this Agreement, MNWD agrees
to provide water to CVWD using a combination of MNWD water facilities and CVWD water
facilities constructed in association with the development of improvements for TPM 93-129 and
CVWD improvements within CVWD boundaries.
2. Location of CVWD Connection. The CVWD connection between MN WD's 8 -inch
water main pipeline ("MNWD Water Pipeline") and the CVWD 12 -inch water main pipeline
proposed to convey water sold to CVWD by MNWD 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,
BA W &0/87252 v 3
12004031.1 -01/21/02-Final
specific location shall be approved by the Director of Engineering of MNWD prior to any
construction.
3. Ownership and Maintenance of the Water Metering & Pressure Reducing Station
(WMPRS) and 12- Water Main Pipeline (together, the "CVWD Conveyance Facilities"). CVWD
agrees to accept title to and right-of-way for the CVWD Conveyance Facilities, and shall be
responsible for all maintenance and operating requirements for such facilities and right-of-way.
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 ofMNWD and those imposed by any governmental authority or public agency relating to
the CVWD Conveyance Facilities, the MNWD Water Pipeline and water service to TPM 93-129.
5. Water Cost. Subject to the terms and conditions of this Agreement, MNWD will sell
water to CV WD to serve areas within CVWD boundaries at MNWD's cost of purchased water plus
reasonable costs of administration and wheeling the water through the MNWD Water Facilities and
MNWD system, as such cost may be adjusted from time to time by MWD in its sole discretion to
reflect increased costs. The initial rate effective upon execution of this Agreement will be $507.75
per acre foot.
6. Interruptible Water Supply. The parties acknowledge and agree that MNWD's sale of
water to CVWD to service CV WD's backup water supply needs is subject to interruption at any time,
and for any length of time, in the event MNWD determines in its sole discretion that MNWD
requires the water for its own needs. CVWD waives and releases all claims and recourse against
MNWD, including the right of contribution for loss or damage of persons or property, arising out of
or in any way connected with the interruption of the water supply to CVWD under this Agreement
and with the matters CVWD is obligated to indemnify MNWD from and/or against as set forth in
Section 7 below.
7. Indemnity. Subject to the qualification as to MNWD's obligation described in Section
6 above, each party hereby agrees to mutually indemnify and hold the other party 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
indemnifying party , its officers or employees, or any other person acting pursuant to its control in
performing under this Agreement.
8. Attorney's Fees. If either parry hereto commences any action to enforce any
provision of this Agreement, the prevailing parry 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.
BAW&G/87252 v 3
12004 0 31.1 - 01/21/02 - Final
9. Successors. This Agreement will be binding upon and inure to the benefit of the
parties' successors hereto.
10. Waiver. The failure of either party to insist on compliance with any of the terns,
covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of such
terms, covenants, or conditions of this Agreement by the other parry, nor shall any waiver or
relinquishment of any right or power conferred by this Agreement 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.
11. Severability. If any part of this Agreement is held to be illegal or unenforceable or
void for any reason by a court of competent jurisdiction, the validity of enforceability of this
Agreement as a whole shall not be affected and the remainder and all other provisions of this
Agreement shall be given affect to the maximum extent permissible by law.
12. Entire Agreement. This Agreement 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.
13. Amendment. No addition to or modification of any provision contained in this
Agreement shall be effective unless fully set forth in a writing signed by both parties.
14. 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 CV WD: 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.
15. Recitals/Exhibits: Counterparts. The parties acknowledge and agree the Recitals are
true and correct and are incorporated in this Agreement. The Exhibits referenced in this Agreement
and attached to this Agreement are incorporated herein. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
BAW&G/87252 v 3
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0
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed.
CAPISTRANO VALLEY WATER DISTRICT
Date: F& 2003 By: `
iane Bathgate, Chahp i
ATTEST: /� ^
P' r V
ar aret R. Monahan,
Nefk of the Board
APPROVED AS TO FORM:
John R. I
ha , istrict Counsel
BAW&G/87252 v 3
12004 0 31.1 - 01/21/02 - Final
0
9
MOULTON NIGUEL WATER DISTRICT
Date: 5AI-1 / '2003 B
161
APPROVED AS TO FORM:
BOWIE, ARNESON, WILES & GIANNONE
Legal Co el - MNWD
By: ' (— 9
Uri
Patricia B. Giannone
BAW&G/87252 v 3
12004 0 31.1 - 01/21/02 - Final
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EXHIBIT "A"
9
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 3ro day of December 2002.
I
ATTEST: L/\"
R. MONAHAN, CLERK OF THE BOARD
12-3-02
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1, 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 3"
day of December 2002, by the following vote:
AYES: DIRECTORS: Hart, Gelff, Swerdlin, Soto, and Chairman Bathgate
NOES DIRECTORS: None
ABSENT: D RECT.ORS:. None
R. MONAHAN,
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; Al 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 DirectorGelff 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)
I
CVWD Minutes 1 12-3-02
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. Raising 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. Raising 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 for the dedicated easement; and transfer of $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. Raising and Bonnie H.
Raising 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 2 12-3-02
• 0 CVWD 12/3/2002
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,
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.
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
-"1:.bi` CIL .44C`-flLi.'-0.J`
Agenda Item • . December 3, 2002
Paae 2
(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).
P:\public works\pwshared\agenda\02i203Umpmve&reimbursewtmgn.doc
Agenda Item , . December 3, 2002
Page 3
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 Districtfor
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, Water Advisory 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\021203\impmve&reimbur wtragn.doc
Agenda Item • • December 3, 2002
Page 4
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.
/_1 N 11 =1 0: /_1111x_1;9311IC:6'1
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.
6. Refer to staff for additional information.
R: public works\pwsharedlagenda\021203Vmpmve&reimbumeMmgn.doc
Agenda Item •
Page 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,
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
P:\public works\pwshared\agenda\021203\impmve&reimbursewtragn.doc
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 .•. '^^"" �� • +�
CVWD boundaries.
r � I
4. Compliance with Rules and Regulations. C'
with and abide by, and to cause the owner/developer of
with and abide by, all rules and regulations of MNWD anc
governmental authority or public agency relating to the
Water Pipeline, the MNWD water Pipeline, and water sery
5. Water Cost. MNWD will sell water to CVW
CVWD boundaries at MNWD's cost of purchased water p
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 0
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
0 0
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 parry may change its address above at any time by written notice to the
other.
14. Recitals/Exhibits: Counterparts. The Recitals are incorporated in
0
0
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.
CAPISTRANO VALLEY WATER DISTRICT
Date: 2002 By:
ATTEST:
Margaret R. Monahan,
Clerk of the Board
APPROVED AS TO FORM
John R. Skraw, 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
-OF
0
Xt
EXHIBIT "A"
11111.
SEWER & WATER TO BE WITHIN .30' WIDE
EASEMENT WHEN NOT WITHIN RURAL ROAD,
ROAD / EASEMENT DETAIL
N_ L5.
b� 4t
fflA S - STREETER
.-NGINEERS.
15 Owporato Park, irvine, OA 22505
Pin 49491 474-2330 Fax 19491 4740251
-malk
001.3m
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
10
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 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
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
Improvement and Reimbursement Agreement
The William E. Reising and Bonnie H. Raising 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
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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
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0 10
Improvement and Reimbursement Agreement
The William E. Raising 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
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01 0
Improvement and Reimbursement Agreement
The William E. Reising 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 attomeys' fees, arising out of or resulting from
the performance of the work, and caused in whole or in part by any negligent act or
omission of Developer, Contractor, or any Subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder.
C. If Developer has not completed the work within twenty-four (24) months
from the effective date of this Agreement, District/City has the right but not the obligation,
to call the security for faithful performance and complete the work. Any work performed
after said twenty-four (24) months, whether by Developer, District, City, or others, shall be
in accordance with District's standard plans and specifications and City's standard plans
and specifications in effect as of the time the work is performed.
d. The security shall remain in effect for a minimum of 365 consecutive
calendar days after all the water facilities have been completed and accepted by District,
and shall continue in effect until exonerated in writing by District. It shall be incumbent
upon the developer to renew the security prior to its expiration.
5
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0 0
Improvement and Reimbursement Agreement
The William E. Raising and Bonnie H. Raising 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\DVLP\SP\REISING\REIMBURS3.DOC
Improvement and Reimbursement Agreement
The William E. Reising and Bonnie H. Reising Trust
associated with the accomplishment of necessary repairs, not to include normal
preventative maintenance, to said water facilities which may have been made by District
within the aforesaid guarantee period.
SECTION 7. GENERAL
a. Developer hereby offers to dedicate to District/City the water and sewer
facilities together with necessary easements.
b. Upon completion of the construction in accordance with the improvement
plans and specifications and the dedication of the necessary easements, District/City
agrees to accept the water and sewer facilities, whereupon said water and sewer facilities
shall become property of District/City with obligation to repair and maintain same.
C. The terms of this Agreement shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
d. Should either party be required to enforce any of the terms of this
Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable
attorneys' fees.
SECTION 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\REISING\REIMBURS3. DOC
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Improvement and Reimbursement Agreement
The William E. Reising and Bonnie H. Raising Trust
Comprehensive general liability coverage, including premises operations,
products/completed operations, broad form property damage and blanket contractual
liability in the following minimum amounts:
• $500,000 property damage;
$500,000 injury to one person/any occurrence/not limited to contractual period
$1,000,000 injury to more than one person/any one occurrence/not
limited to contractual period.
b. Comprehensive Automobile Liability
Comprehensive automobile liability coverage, including owned, hired and non -owned
vehicles in the following minimum amounts:
• $500,000 property damage;
• $500,000 injury to one person/any occurrence/not limited to
contractual period
• $1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
C. Worker's Compensation
During the construction period, if Developer, Contractor, and/or Subcontractor employs
employees to perform services under this Agreement, Developer or Contractor shall obtain
and maintain, Workers Compensation Employer's Liability Insurance in the statutory amount
as required by state law.
s
W:\ENG\DVLP\SP\REISINO\REIMBURS3.DOC
Improvement and Reimbursemenseement •
The William E. Reising and Bonnie H. Reising Trust
These policies shall not terminate, nor shall they be canceled nor the coverage
reduced until after 30 days written notice is given to the City/District.
Developer shall provide an endorsement to City/District establishing that City/District
has been legally added as an additional insured to the insurance policies required under this
Agreement.
Developer shall indemnify and hold City/District harmless from any and all claims,
demands, actions, attorney's fees, costs, and expenses based upon or arising out of errors,
omissions, or negligent acts of Developer, its associates, employees, subcontractors, or other
agents while performing services under this Agreement. In the event an action is commenced
by a party to this Agreement against any other party or parties hereto to enforce its rights or
obligations arising from this Agreement, the prevailing party in such action, in additional to any
other relief and recovery awarded by the court, shall be entitled to recover all statutory costs
plus reasonable attorney's fees.
SECTION 9. NOTICES
a. All notices, requests, demands, consents and other communications under
this Agreement shall be in writing, including telex and facsimile transmission and shall be
deemed to have been duly given on the date of service if served personally by telex or
facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or
certified, postage prepaid, return receipt requested, and properly addressed as follows:
TO: CITY OF SAN JUAN CAPISTRANO
Attention: City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
TO: WILLIAM E. REISING
32222-A Camino Capistrano
San Juan Capistrano, CA 92675
0
W :\ENG\DV LP\SP\REI SI NG\REI MBURS3. DOC
Improvement and Reimbursementeement •
The William E. Reising and Bonnie H. Raising Trust
SECTION 10. AGREEMENT RUNS WITH THE LAND
a. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective representatives, assigns and successors in interest.
SECTION 11. ENTIRE AGREEMENT
a. This Agreement contains the entire agreement between the parties hereto and
supersedes any prior or concurrent written or oral agreement between said parties
concerning the subject matter contained herein. There are no representations,
agreements, arrangements or undertakings, oral or written, between or among the parties
hereto relating to the subject matter contained in this Agreement which have not been fully
expressed herein.
SECTION 12. INDEPENDENT AGENT
a. At all times during the term of this Agreement, Developer shall be an
independent agent and shall not be an employee of the City/District. City/District shall have
the right to control Engineer only insofar as the results of Developer's services rendered
pursuant to the Agreement; however, City/District shall not have the right to control the means
by which Developer accomplishes services rendered pursuant to this Agreement.
SECTION 13. INDEMNITY
a. Developer shall be responsible for all injuries to persons and for damages to
real or personal property of the City/District, caused by or resulting from any activity or
operation of Developer, its employees or its agents during the progress of or connected with
the rendition of services hereunder. Developer shall defend and hold harmless and indemnify
all officers, employees and agents of City/District from all costs and claims for damages to
to
W :\ENG\DV LP\SP\REISING\REI MBU RS3.DOC
Improvement and Reimbursementoeement •
The William E. Raising and Bonnie H. Raising 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.
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\DV LP\SP\REISING\REIMBURS3.DOC
Improvement and Reimbursemereement
The William E. Raising and Bonnl Reising Trust
r'1
u
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: tel'—S- --t> Z'
By: '
Bonnie H. Reising
Date: ���
(Attach Notary Acknowledgement)
12
W:IENGIDVLPISP�9EISINGIREIMBURS3. DOC
CITY OF SAN JUAN CAPISTRANO
zo
Diane Bathgate, Mayor
CAPISTRANO VALLEY WATER DISTRICT
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
CALIFORNIA
State of
County of
personally appeared
personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) "re subscribed to the within instrument
and acknowledged to me that 149POm/they executed the
same in hisfllar/their authorized capacity(ies), and that by
�.a++►��
14eiher/their signature(s) on the instrument the person(s),
JANICE ANN GOODMAN or the entity upon behalf of which the person(s) acted,
Camml:siojV IVYZ83 executed the instrument.
Notary Public - Caftirio
*Cormm5#w0ct33,20D4 r
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 Att.Ached Document
elsc.0 ctZ l �+�st�u GyZ ��2k0ac� t t O
Tale or Type of Document:
Document Date: 242y 7, 62 o�� Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
'il. --a
Signer's Name: GJr //Jhi F �,vf Sir s
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
ED orney-in-Fact
Y Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
DF SIGNER
Signer's Name: !a A J�
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Ajtorney-in-Fact
EeTrustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
019955 National Notary Association • 8236 Remmet Ave, P.D. cmc 7164 • Canoga Park, CA 81309-7164 Prod No. 5907
RIGHT THUMPRINT
DF SIGNER
I L11
Reorder. Cail ToI F" 1-80p878.6627
Improvement and Reimburseme&reement •
The William E. Raising 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 REIMBURSEMENT148
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\DV LP\SP\R EI SI NG\R E IMBURS3. DOC
EXHIBIT "A"
0
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
Raising Property (APN 649-342-01)
31661 Peppertree Bend
San Juan Capistrano, CA 92675
0
(Space above this line for Recordefs 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
Construct or place an*et, alley, roadway or any other impoment 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
Date Signed
By.
Bonnie H. Reising, Co-Tluste
-& -02
Date Signed
Notarized Signatures
ATTEST:
(Attach All -Purpose Acknowledgement)
2 of 2
W:\ENG\DVLP\SP\GRASSO\ESMNT1.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 corner of said Lot 10; thence Southwesterly along
the Southeasterly line of said Lot 10 South 53046'05" 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 arc 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 31°58'32" 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.
dgaz-'e�'
Olav S. Meum L.S. 4384
OLAV S.
MEUM
EXPIRES
9-30-05
NO. 4384
Joe 10589
TOAL E AVENIDA INC. SHEET CALCULA7DED BYA DATE 3/13/02
139 AVENIDA NAVAR
SAN CLEMENTE, CALIFORNIA 92672
(949) 492-8586 CHECKED BY 0.5•M• DATE 3/13/02
FAX (949) 498-8625 SCALE 1"= 60'
EXHIBIT "B" N
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
ryp�O /
l \
' � e
N 59v 11'00" W \
38.23' \
o R = 240.00' \
A = 17044'32" \
L = 74.32' \
N 59°11'00" W
LOT 10 38.23'
R = 220.00'
A = 17044'32" /
L = 68.12' /
mss,
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RES
K 9-30-05
O
N0.4384 ��4 �y�eNo
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CALIFORNIA
State of
County of Cie (( Al2 L�
On Cd)(11 before me, 6a�
Det Name a le of officer (e.g., "Jena Doe. Nom Pub4c�
personally appeared t ��� (�_IS NaQ ` ( (/ 0
Na (s) of Signers)
9 personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)j�re subscribed to the within instrument
and acknowledged to me that-lae/she/they executed the
same in-Ioisfher/their authorized capacity(ies), and that by
4W#er/their signature(s) on the instrument the person(s),
UNICE ANN GOODMAN ` or the entity upon behalf of which the person(s) acted,
commiaton# 127M5 [ executed the instrument.
. Nofay Public - Cdtforric
WITNEhSS 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 Attached Document
Title or Type of Document: 5o_.SQli1 &t !/•R
Document Date: oix%! dc;,.�- Number of Pages: _
Signer(s) Other Than Named Above:
Capacity(ies)/Claimed by Signer(s)
Signer's Name: GL/l6�/f�%�f F 15C�ItS,*
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited
❑ Morney-in-Fact
Irk Trustee
❑ General
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name: 7C Pf��c
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ P,ttorney-in-Fact
rustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
U
01995 National Notary AsWClatbn • B236 Remmet Ave., P.O. Box 71114 • Canoga Perk, CA 91309-7194 Pmd. No. 5907 RBDI 1eC Call Toll -Free 1-600-1176-6927
U
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 3`d day of December, 2002
by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as
"District", CITY OF SAN JUAN CAPISTRANO hereinafter referred to as "City", and ALBERT
L. GRASSO, herein referred to as "Grantor".
WITNESSETH
Whereas, Grantor agrees to allow the design and construction of water improvements
to complete a connection to Moulton Niguel Water District (MNWD), that will benefit existing
and future customers within the 527W pressure zone, an area known as Peppertree Bend,
hereinafter referred to as "Water Improvements'; and,
Whereas, Grantor further agrees to allow the design and construction of sewer
improvements to complete a connection to the City sewer system, that will benefit the property
known as Parcel Map 93-129, hereinafter referred to as " Sewer Improvements'; and,
Whereas, Grantor further agrees to grant easements to City and District for water and
sewer construction and access purposes of extending sewer and water service to property
described in parcel map 93-129.
ATTACHMENT 4
Improvement Agreement • •
Albert L. Grasso
Page 2
NOW, THEREFORE, BE IT RESOLVED BETWEEN DISTRICT, CITY, AND
GRANTOR AS FOLLOWS:
SECTION 1. GRANTOR OBLIGATIONS
a. Grantor agrees to grant the following easements over parcels known as
Assessor's Parcel No. 121-090-18 and 121-090-22:
1. An fifteen (15) foot easement to the District for the purpose of
constructing and accessing for maintenance purposes of a 12 -inch water
main and appurtenances;
2. An fifteen (15) foot easement to the City for the purpose of constructing
and accessing for maintenance purposes of a 8 -inch sewer main and
facilities:
b. Grantor further agrees to cooperate with City and District in allowing free
access to the subject easement areas.
SECTION 2. CITY AND DISTRICT OBLIGATIONS
a. District shall pay the Grantor an amount of $23,443.20, based on the fair
market value for water and sewer easements along with the ingress/egress rights over a
portion of the properties known as Assessor's Parcel No's 121-090-18 and 121-090-22 to
allow for the construction of said improvements.
b. City and District agree to hold Grantor harmless from any and all claims,
liabilities, demands, actions, cost, and expenses arising out of the construction, access to, or
maintenance of the improvements provided for in this agreement.
SECTION 3. NOTICES
a. All notices, requests, demands, consents and other communications under this
Agreement shall be in writing, including telex and facsimile transmission and shall be
W :\ENG\DVLP\G RASSO\IMPAG MT. 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, CSA 92675
By: ,f.viv
Albert L. Grasso, Co -Trustee
Date Signe
By:
Lois M. Grasso, Co -Trustee
$ /,- & '?_
Date Signed
(Attach Notary Acknowledgement)
CITY OF SAN JUAN CAPISTRANO
X
Diane Bathgate, Mayor
CAPISTRANO VALLEY WATER DISTRICT
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
County of Orange ss
before Notary
Public, personally appeared ;qZ A��,-
who proved to me ont the ;;basis f sans actary evidence to be
the Person whose namis re subscr ed to the within
instrument an acknowledged to me that he/they executed
the same in is her/their authorized capacity(i, and the
instrument the person}, or the entity upon behalf of which the
person( acted, executed the instrument.
WITNESS my hand and official seal
DONNA L HOKANSON t
COMM. #1347830
NOTARY PUBUO . CAUFORNIA .ij Notary Public
ORANGE COUNTY LQ
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
CALIFORNIA ALL-PURPOSE AIIOWLEDGMENT "
State of CiALIFORW
County of ORANGE
On / I&FgLL 2m2before me, PHILIP J. HUGHES, NOTARY PUBLIC
' GATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC'
personally appeared 5 in li.6 !ri _ e',,eAss&
NAMES) OF SIGNER(S) r ,,
❑ personally known to me - OR - §!�aroved to me on the basis of satisfactory evidence
to be the persono) whose name(e.) is/arc
subscribed to the within instrument and ac-
knowledged to me that •fte/she/" executed
the same in 446/her/t4e4-r authorized
PHILIP). HUGHES capacity(iac), and that by N4edher/t*erii,
yOMM.#1333847 a signature(�j on the instrument the person(,
QJ*MCNolaryPublicUff miay or the entity upon behalf of which the
ONGE COUNTYYComm.Expir'5 Z'28/05 person(A) acted, executed the instrument.
my hand and official seal.
OPTIONAL
No. 5907
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. Box 7194 - Canoga Park, CA 91309-7194
10
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 Recorder's 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 anoeet, alley, roadway or any other impoment or structure within
the easement area.
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:
Albert L. Grasso, Co -Trustee
7f '�-OZ
Date Signed
By: C I� %k A&,
Lois M. Grasso, Co -Trustee
P.- U :/-
Date Signed
Notarized Signatures
ATTEST:
(Attach All -Purpose Acknowledgement)
2 of 2
W:\ENG\DVLP\SP\GRASSO\ESMNT1.DOC
0 0
EXHIBIT "A"
IlfJ 341091 9lilIW&W. O&Mi•"
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.
ee ZeL
(moi
Olav S. ,;.
OLAV S.
MEUM
EXPIRES
9-30-05
NO. 4384
TOAL ENGINEERINllINC.
139 AVENIDA NAVAR
SAN CLEMENTE, CALIFORNIA 92672
(949) 492-8586
FAX (949) 498-8625
JOB 10589
SHEET NO. / 40- OF
CALCULATED BYA•1-•r DATE J/IZ10Z
CHECKED BY 0.5-M. DATE-51121OZ
SCALE i -
EXHIBIT "B"
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
Olav S. Meum LS 4384
0
EXHIBIT "A I"
PUBLIC UTILITY EASEMENT
9
In the City of San Juan Capistrano, County of Orange, State of California, being
that portion of Parcel 3 of Parcel Map filed in Book 175, Page 46 of Parcel Maps, records
of said Orange County, more particularly described as follows:
Beginning at the most Easterly corner of said Parcel 3; thence Southwesterly
along the Southeasterly line of said Parcel 3 South 48034'20" West 79.99 feet; thence
leaving said Southeasterly line North 41°25'40" West 30.00 feet; thence North 48°34'20"
East 93.24 feet to a point in the Northeasterly line of said Parcel 3; thence Southeasterly
along said Northeasterly line South 17°36'00" East 32.80 feet to the POINT OF
BEGINNING.
9-3N
oLAV S.
Olav S. Meum L.S. 4384
MEUM
EXPIRES
N0.
TOAL ENGINEERIN�INC.
139 AVENIDA NAVAR
SAN CLEMENTE, CALIFORNIA 92672
(949) 492-8586
FAX (949) 498-8695
JOB X0589
SHEET NO. / *_ OF
CALCULATED BYA•L•T• DATE 31131OZ
CHECHED BY O.S.M. DATE 3/l3/OZ
EXHIBIT "B' -I"
N
N SKETCH TO ACCOMPANY LEGAL DESCRIPTION
State of California t
County of Orange J ss
Owog before m ha Notary
Public, personally appeared'/�rt' �s0
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 -Co me tha�e she/they executed
the same in er/their authorized capacity(im), and the
instrument the person(, or the entity upon behalf of which the
person(#) acted, executed the instrument.
WITNESS my hand and official seal
)ONNA L HOKANSON I
COMM. #1947930 :y'
NOTARY PMC - CALIFORNIA U
ORANGE CWNLY m Notary Public .
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
State of CALIFORNIA
County of
On t914F?tta_2Mz� before me, PHILIP J HLNWS POTARY PUBLIC
(DATE) INAMEITITLE OF OFFICER -!...'JANE DDE, NOTARY PUSUC-1
personally appeared
O personally known to me -OR-
C�oroved to me on the
Basis of satisfactory
evidence to be the
personV) whose name(p
Is/are- subscribed to the
within instrument and
acknowledged to me that
be/she/tAeS+ executed the
same in Wr./her/tke+r-
LHItL HUGHESauthorized 44&lIher/the),
and that by �leis�'her/their
#1333847 9 signature(g) on the
Q :bl"Cl(fOmlaminstrumenttthe person(A�.,
a :E COUNTY or the entity upon behblf
p presl1l18/05of which the person(gl
ivoca==c� acted, executed the
Witness my hand and official seal.
(SEAL)
1 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
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
TAIe or Type of Document
Number of Pages _ _ _ Date of Document
Signer(s) Other Than Named Above
WOLCOTTS FORM 63240 Rev. 3.94 Iona* cSsw a -2A) Q1994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONfl-WO FINGERPRINTS
0
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAMS)
❑CORPORATE
OFFICERISI
ITmEsI
OPARTNER(S) ❑LIMITED
OGENERAL
DATTORNEY IN FACT
OTRUSTEE(SI
D G UARDIAN/CONSERVATOR
OOTHER: _
SIGNER IS REPRESENTING:
(Name of Person(*) or Entitylise)
RIGHT THUMBPRINT IOptionell
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAL(S)
❑CORPORATE
OFFICER(S)
mntlu
OPARTNER(SI ❑LIMITED
❑GENERAL
❑ATTORNEY IN FACT
OTRUSTEE(S)
OGUARDIAN/CONSERVATOR
DOTHER:
SIGNER IS REPRESENTING:
(Name of Personle) or Entity(isa)
7 ifiti677�7 �IN6 ti 3240qf it
n
�J
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
0
SECTION 3.
0
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 day of
.2002.
DIANE BATHGATE, CHAIRMAN
ATTEST:
MARGARET R. MONAHAN, CLERK OF THE BOARD
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ATTACHMENT 7
r�
u
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
ivsvlysanjuancapistrano. org
December 5, 2002
Jwar, �
1 IIBVIIBII
• nuniau 1961
1776
MEMBERS OF THE CITY COUNCIL
DANE L SATHGATE
COLLENE CAMPBELL
JOHN S. GELFF
WATT HAAT
DAVID M. SWERDLIN
CITYMANAGER
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.
Cl)
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
onus use
1s
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)
Ivlvlv.sanjuancapistrano. org
``,,�� nleernnn
• fSTI1u11n I 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
COLLENE CAMPBELL
JOHNS. GELFF
WYAIT HART
DAVID M. SWERDIJN
CITYMANAGER
GEORGESCARBOROUGH
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,
Meg Mo n, CMC
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
DRUG USE
IS
San Juan Capistrano: Preserving the Past to Enhance the Future