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01-1211_ORANGE, COUNTY OF_Performance and Indemnification Agreement I PM 126-30 Prima Deshecha Landfill 2 3 4 5 6 7 PERFORMANCE AND INDEMNIFICATION AGREEMENT 8 This Performance and Indemnification Agreement is made �ec°rm Pa i- t 2001,by and between the 9 COUNTY OF ORANGE,hereinafter referred to as"COUNTY," and the Capistrano Valley Water District, hereinafter referred to as "DISTRICT." 10 11 RECITALS 12 A. COUNTY owns fee title to real property known as the Prima Deshecha Landfill (the"Landfill"). 13 B. COUNTY approved a right of entry agreement on the date first written above(the"Right of Entry") granting DISTRICT rights to construct a water line(the "Water Line")across portions of the Prima Deshecha Landfill. 14 C. DISTRICT has requested consent from the Southern California Edison Company ("Edison")to construct the 15 Water Line through an Edison easement that crosses the Landfill. 16 D. Edison agreed to grant consent to DISTRICT to cross its easement if COUNTY and DISTRICT would enter into a consent agreement with Edison. 17 E. COUNTY and DISTRICT intend to enter into a consent agreement with Edison(the "Consent Agreement")to 18 allow DISTRICT to construct the Water Line through Edison's easement. 19 F. As an incentive to COUNTY to enter the Consent Agreement,DISTRICT agrees to meet any and all of the conditions of the Consent Agreement on behalf of COUNTY at DISTRICT's own expense and at no cost to 20 COUNTY. 21 NOW THEREFORE,the parties to this Agreement mutually agree as follows: 22 1. COUNTY and DISTRICT shall enter into the Consent Agreement with Edison in the form of a letter dated July 10, 2001, a copy of which is attached hereto as Exhibit A and incorporated into this Agreement by this reference. 23 2. DISTRICT shall at DISTRICT's sole expense and at no cost to COUNTY comply on behalf of COUNTY with 24 all of the conditions under the Consent Agreement and perform any and all action required of COUNTY under the Consent Agreement. 25 3. DISTRICT shall defend and indemnify COUNTY from and against all claims, demands, loss,damage, actions, 26 causes of action, expense, and/or liability growing out of or related in any way to COUNTY obligations and liabilities,implied or otherwise,under the Consent Agreement. 27 4. Notwithstanding any other provisions of this Agreement,DISTRICT shall remain wholly responsible for any and 28 all obligations, debts,payments or other duties or liabilities arising under this Agreement. RA CV WD consent.doc-8/14/01 -I- I IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. 2 3 4 DISTRICT 5 APPROVED AS TO FORM CAPIST O ALL WATER DISTRICT 6 County Counsel 7 By — By 8 Dep itle: neral 9 Date: 6 u 10 11 12 RECOMMENDED FOR APPROVAL 13 Integrated Waste Management Department 14 15 By. � � (/ , 16 17 18 19 20 21 22 23 SIGNED AND CERTIFIED THAT A COPY OF COUNTY THIS DOCUMENT HAS BEEN DELIVERED TO 24 THE CHAIR OF THE BOARD. i o COUNTY OF ORANGE a" 5 � r 25 3� B ( < '� y 26 Darlene J. Bloom Chair of the Board of Supervisors 27 Clerk of the Board of Supervi rs of Orange County, Californla 28 RA CV WD consent.doc-8/14/01 nuu w cuua b: Joeirt uliY Or SRN JOHN CRPISTRR 9494933955 F . 2 SOUTHERN CAIIfORN1A EDISON An EOISON WrEMAPONAL"Cmmpnl Mr. Eric Bauman July 10, 2001 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject. Consent Approval for 24-inch Water Pipeline Capistrano Valley Water District!County of Orange Malcom Pine, Inc. South of Ortega Highway and West of La Pats Avenue City of San Juan Capistrano Chino-San Onofre 220 kV San Onofre-Santiago No. 1 220 kV San Onofre-Santiago No. 2 220 kV San Onofre-Serrano 220 kV CRE File No.: CON0140048 Southern California Edison has reviewed and approved your request for a proposed 24- inch water pipeline as shown on the attached plans entitled "SC-04 SOUTH CONNECTOR I and 11" drawings (Sheets 1, 2, 3, and 12 of 43) date stamped "Received Corporate Real Estate Santa Ane' on March 15, May 22 and May 30, 2001. Sheet 12 Is stamped with SCE's approval date of July 9, 2001. As a utility operating high voltage electric line which serves a major portion of Southern California. SCE's approval is given subiect to the conditions listed below, to provide for the safety of others, to protect the electric system from damage, and to prevent service Interruptions. 1 Adequate access to all structures must be provided and at no time is there to be any interference with the free movement of SCE's equipment and materials. 2 At no time shall SCE's access to any tower location be cut off during any temporary grading operation. 3. All equipment working on the right of way must maintain a minimum clearance of 25- feet from ail SCE structures and 25-feet from all overhead conductors. 4. Capistrano Valley Water District/ County of Orange, Real Estate Operations Division and Metropolitan Transmission shall meet prior to occupancy for inspection of all involved structures to determine existing conditions. This inspection will include photographs of all damage and will be documented and signed by the above representatives 5. It must be emphasized that these conditions are given from a review of proposed plans, dated March 15, May 22, and May 30, 2001, submitted by Capistrano Valley Water District 1 County of Orange. Any changes in the fine) dans may impose further f,.nnditinna!Q this �nnaenf _ 1375 S.Grand Ave. Santa Ana.CA 92705 EXHIBIT A Consent Agreement Page 1 of 9 --- 1 o: JOMn I Ur aHh JUHn CRPISTRR 9494933955 p. 4 Capistrano Valley Water District/ 3 July 10, 2001 County of Orange 18. Staging of equipment or materials shall not be permitted within the SCE right of way. 17. Underground facilities installed on the right of way shall have a minimum cover of six- feet and shall be capable of withstanding a gross load of 40 tons on a three-axle truck. 18. Suitable identification markers shall be installed indicating the location and depth of any underground lines andlor pipelines. 19. The sub)ect 24-Mon water pipeline shalt be constructed to withstand a pressure equal to at least One Hundred and Fifty Percent (150%) of its maximum operating pressure, and shall be so tested upon completion of Its construction. Capistrano Valley Water District/County of Orange shall give the Superintendent of Metropolitan Transmission Area twenty-four (24) hours prior notice in writing of the time and place of testing said pipeline for such pressure in ardor that a representative of SCE may be present. 20. Additional structures or development will not be permitted on the right of way. 21. At all times during construction of the subject 24-inch water pipeline, the California Code of Regulations, Title 8, Article 37, Provisions far Preventing Accidents Due to Proximity to Overhead Lines, must be adhered to. 22. SCE shall be held harmless from any damage on or off the right of way resulting from Ins work being performed as described herein, and approval of these drawings by SCE does not relieve Capistrano Valley Water District / County of Orange or its engineers from any liability arising out of their design or construction of the project. Please contact Larry Benjamin at (310) 608-5148 s minimum of 48-hours prior to start of construction. This letter should not be construed as a subordination of SCE's right, title and interest in and to its easements, nor should this letter be construed as a waiver of any of the provisions contained in said easements or a waiver of any coats of relocation of affected SCE facilities As previously indicated, it is necessary that the use of land within an operating high voltage transmission line right of way be closely coordinated. For this reason, it will be necessary for SCE to assume your project has Dean either delayed or canceled in the event the copy of this letter has not been signed and returned within sixty days from the date of this letter Should this occur, any consent granted or implied Is voided without further notice in order to protect our rights and facilities, If the project is subsequently reactivated, please contact SCE again prior to the start of any construction, referencing our subject CRE file number. We will then work together with you to ensure the project Is coordinated to as to avoid interference with SCE installations and operations. This agreement is personal to Capistrano Valley Water District/ County of Orange and is not transferable without SCE's prior written consent. EXHIBIT A Consent Agreement Page 3 of 9 ann .lune LNISTRR 841"9JJ955 p . S Capistrano Valley Water District/ 4 July 10, 2001 County of Orange Please have Capistrano Valley Water District I County of Orange sign and date the enclosed original consent approval letter, thereby Indicating acceptance of the above conditions. Please return the original letter to the following address: Southern California Edison Attn: Karen Damey, Building B P. O. Box 11882 Santa Ana, CA 82711.1982 In recent years there have been numerous scientific studies about the effects of power frequency (50 Hz) EMF. There are several sources of EMF, including household appliances and electric power facilities. Scientists do not agree on how to interpret the currently available information. There is agreement, however, that this is an important issue that should be resolved. SCE would like to share with Capistrano Valley Water District I County of Orange the balanced information or literature SCE has about EMF, if the Capistrano Valley Water District/County of Orange are interested. Should Capistrano Valley Water District and County of Orange wish, brochures will be make available, upon request, that explain some facts about EMF and that outline SCE's policy in this area. Capistrano Valley Water.Dlstrict/County of Orange agree to advise SCE if they have any questions or require additional information. If you should have any further questions or require additional information, please contact me at (714) 28514376. Karen Damey Right of Way Agent Real Estate Operations Division Corporate Real Estate Department cc: F. Wheaton D. O. Dick L. Benjamin W. Ousley- F. Wasko cc: w/approved plans: Paul Wilson, Malcom Pimie, Inc. EXHIBIT A Consent Agreement Page 4 of 9 Capistrano Valley Water District 7 5 July 10, 2001 County of Orange ACCEPTED & APPROVED Dated: o/ Capistrano Valle 1N ter Distr ct By: Print: Geor a7Scou h Title: General ACCEPTED &APPROVED Dated: County of Orange By: Print: Title: EXHIBIT A Consent Agreement Page 5 of 9 SC - 04 SOUTH CON CTORS I AND 11 4 v, PIPEJ� E i JECT A P FOR CAPD 1NO VAL ATER. ICT A, Bum QZ DIRECTORS DAVM M. SWMIUN M DIANEWEGAUGAU. VI Ct JOS. GELFI. B RM N='" �,'7"WcF it �j A) JOHN OMMM, DIRECTOR --7 g ZAIJ EM, DMECTOR TIMNM MA fir CAPMW0 YA= WATER DISTRICT ORANGE COUNTY T%l .11. -in EXHIBIT A Consent Agreement Pave 6 of 9 ip _ S �sf y Fg gYg v Jil ly a @gyR'-€ b .p i _66E�, r. E Y2 Sb%^y Ak 4 �d {augs Bg b y@9p��q Y v� r. Z �� E Os K Y "E pp1. ;' b jai% �3 is A % Yg % ell FFA e. 5 i 11. E 4 € b 9 @ € e % bye "ar Y% g jK Y a y YY €€ € a gp� � RK ow if pb Y' i M fill �d j5i5 L° R pbp€ i" K �H 1% bd•pF f� H Z W= e 9 Ap Ci! 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Rm s f s]w nt mw nsnA nv�eN n]n an]wm Dns.]sw � rR YD.m..nD Mm][]IA�w0 A]n Ibrm l Nmn].xr nmennt�im.m D m D•• J -'Y� ] [Or rY ra m a`.uw � vN Y wle.i nt�m Oa.A A IN.[nt m.w wn]mm NRq.nn Ya.q w0 ]VX Tt D»m W]]I nNO _ v4 n.�w Dtswmmm n].m .. m. 2m nM.TT[n4 isrw W Tt]wW b »f -ufI Dt D.m m DA n m-.m.x women<r wlwNe . emsa D Dt a.m DDA v.as sR..x.vm.nn wm.es T. rO �'a n 6M6 x,m•M[n lA.[ rt vrt I fn»•m A open al+naa wmkpmn 0.m MM RmmNNxr�` I 4nYf m A DA w.m Rm D m]N n mRs m sa a xnw D smm ra •onw]Yw mrR]r Rnld r�l� nnN..w wAww.m n.us Dw.iD T]. uAmn.mDnm nDlm�nTD�mTx n.Aw ` as®� sawn D voNRA v m f Ric nw umx. f n lawfrn a'Naex fiefrrn]xG roar.]m�euran e Ipa rano ` e _cL___ater )istrict ,dnIi SC-04 SOU1H CONNECTORS I do If PIPELINE PROJECT j ISYMBOLSPAND ABBREOVATTIIONS, vn i EXHIBIT A Consent Agreement Page 8 of 9 Li Z l _o 31'CIAW lee SIL6 PPE tl4�C f3 ' 1 I - I 1 _ 024 .w - LH I y @@ � m� sem¢sn a .an< c�,�eesrwa V ap s cello a e� aLer � tslnch� 'AIF r �' �_ w SC-04 SOUTH CONNECTORS I AND II PIPELINE PROJECT �,,,,,,,, , ., STATION 107+00 TO STATION 119+00 - --------- ------- -- - - EXHIBIT A Consent Agreement Page 9 of 9 Capistrano Water vistrict December 5, 2001 Richard Acker County of Orange Integrated Waste Management Department 320 N. Flower, Suite 400 Santa Ana, CA 92703 Dear Mr. Acker: Enclosed, please find (3) executed 'PERFORMANCE AND INDEMNIFICATION AGREEMENTS" between the County of Orange and the Capistrano Valley Water District. Following approval and execution by the Board of Supervisors, please return (1� fully executed agreement, to my attention, for our records. Thank you, tA�' �— Meg na an, CMC Cie of th Board enclosures: (3) agreements as noted cc: Eric Bauman, Senior Engineer Amy Amirani, Public Works Director P.O. Box %7, San Juan Capistrano, California 92693 ° Phone 714-493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-493-3955 i I ' PM 126-30 Prima Deshecha Landfill 2 3 4 5 6 7 PERFORMANCE AND INDEMNIFICATION AGREEMENT 8 This Performance and Indemnification Agreement is made 200_1 by and between the 9 COUN'T'Y OF ORANGE,hereinafter referred to as "COUNTY," and the Capistrano Valley Water District, hereinafter referred to as "DISTRICT." 10 11 RECITALS 12 A. COUNTY owns fee title to real property known as the Prima Deshecha Landfill (the "Landfill"). 13 B. COUNTY approved a right of entry agreement on the date first written above (the"Right of Entry")granting DISTRICT rights to construct a water line(the"Water Line")across portions of the Prima Deshecha Landfill. 14 C. DISTRICT has requested consent from the Southern California Edison Company ("Edison")to construct the 15 Water Line through an Edison easement that crosses the Landfill. 16 D. Edison agreed to grant consent to DISTRICT to cross its easement if COUNTY and DISTRICT would enter into a consent agreement with Edison. 17 E. COUNTY and DISTRICT intend to enter into a consent agreement with Edison (the"Consent Agreement") to 18 allow DISTRICT to construct the Water Line through Edison's easement. 19 F. As an incentive to COUNTY to enter the Consent Agreement, DISTRICT agrees to meet any and all of the conditions of the Consent Agreement on behalf of COUNTY at DISTRICT's own expense and at no cost to 20 COUNTY. 21 NOW THEREFORE,the parties to this Agreement mutually agree as follows: 22 1. COUNTY and DISTRICT shall enter into the Consent Agreement with Edison in the form of a letter dated July 10, 2001,a copy of which is attached hereto as Exhibit A and incorporated into this Agreement by this reference. 23 2. DISTRICT shall at DISTRICT's sole expense and at no cost to COUNTY comply on behalf of COUNTY with 24 all of the conditions under the Consent Agreement and perform any and all action required of COUNTY under the Consent Agreement. 25 3. DISTRICT shall defend and indemnify COUNTY from and against all claims,demands, loss, damage, actions, 26 causes of action,expense,and/or liability growing out of or related in any way to COUNTY obligations and liabilities, implied or otherwise, under the Consent Agreement. 27 4. Notwithstanding any other provisions of this Agreement,DISTRICT shall remain wholly responsible for any and 28 all obligations, debts,payments or other duties or liabilities arising under this Agreement. RA CV W D consenl.doc-8114101 -I- I IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. 2 3 4 DISTRICT 5 APPROVED AS TO FORM CAPIST O ALLE WATER DISTRICT 6 County Counsel 7 By By g Deputy Title: 44 g Date: 10 11 12 RECOMMENDED FOR APPROVAL 13 Integrated Waste Management Department 14 15 By 16 17 18 19 20 21 22 23 SIGNED AND CERTIFIED THAT A COPY OF COUNTY THIS DOCUMENT HAS BEEN DELIVERED TO 24 THE CHAIR OF THE BOARD. COUNTY OF ORANGE 25 By 26 Darlene J. Bloom Chair of the Board of Supervisors Clerk of the Board of Supervisors 27 of Orange County, California 28 RA CVWD consent.doc-8/14/01 nuu uo amu.. . o: oonr: —. T Ur SRN JURN CRPISTRR 9494933955 10 . 2 y! �1v SOUTHERN C4UFORNIA EDISON A,EOISON MrTEZVATIONAL"C.P n, Mr. Eric Bauman July 10, 2001 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92875 Subject Consent Approval for 24-inch Water Pipeline Capistrano Valley Water District/County of Orange Malcom Plmie, Inc. South of Ortega Highway and West of La Pata Avenue City of San Juan Capistrano Chino-San Onofre 220 kV San Onofre-Santiago No. 1 220 kV San Onofre-Santiago No. 2 220 kV Sen Onofre-Serrano 220 kV CRE File No.: CON0140048 Southern California Edison has reviewed and approved your request for a proposed 24- inch water pipeline as shown on the attached plans entitled "SC-04 SOUTH CONNECTOR I and II- drawings (Sheets 1, 2, 3, and 12 of 43) data stamped "Received Corporate Real Estate Sante Ane- on March 15, May 22 and May 30, 2001. Sheet 12 Is stamped with SCE's approval date of July 9, 2001. As a utility operating high voltage electric Ones which serves a major portion of Southern California, SCE's approval is given subiect to the conditions listed below, to provide for the safety of others, to protect the electric system from damage, and to prevent service Interruptions. 1 Adequate access to all structures must be provided and at no time is there to be any Interference with the free movement of SCE's equipment and materials. 2 At no time shalt SCE's access to any tower location be cut off during any temporary grading operation. 3 All equipment working on the right of way must maintain a minimum clearance of 25- feet from all SCE structures and 25-feet from all overhead conductors. 4. Capistrano Valley Water District/ County of Orange, Real Estate Operations Division and Metropolitan Transmission shall meet prior to occupancy for inspection of all involved structures to determine existing conditions. This inspection will include photographs of all damage and will be documented and signed by the above representatives 5. It must be emphasized that these conditions are given from a review of proposed plans, dated March 15. May 22, and May 30, 2001, submitted by Capistrano Valley Water District r County of Orange. Any changes in the final plans may impose further rnnttifinna fr1 this �nnaanr _ 1325 S.C'mnd Ave. Sona Ana.CA 92705 EXHIBIT A Consent Agreement Page 1 of 9 Capistrano Valley Water District / 2 July 10, 2001 County of Orange 5. Construction area must be watered down periodically to prevent dust contamination of SCE insulators. Any maintenance required by SCE on its facilities over and above normal, and resulting from this operation, shall be paid for by Capistrano Valley Water District/ County of Orange. 7. All areas must be left in essentially the same condition as prior to commencement of the proposed work. 8. The SCE right of way shall be left in a condition satisfactory to SCE. The cost to repair any damage caused by Capistrano Valley Water District / County of Orange to the access roads, slopes, turnaround area, or overhead facilities shall be paid for by Capistrano Valley Water District/ County of Orange. 9. Cribbing shall be installed if the ditch is to be left open or endangers SCE facilities. 10. Capistrano Valley Water District / County of Orange agree that all construction equipment, when not in. use, shall be parked clear of SCE's right of way and rendered immobile. 11. Any earth disturbed within the right of way and/or backfilling shall be compacted to 90 percent. 12. Patrol roads, 16-feet wide inside the berms and capable of supporting 40-tons on a three-axle truck, must be provided at locations as indicated on the attached print. 13 No parking is allowed on the subject right of way. 14 Capistrano Valley Water District / County of Orange, hereby releases and discharges SCE from all claims and demands by Capistrano Valley Water District / County of Orange for loss of or damage to Capistrano Valley Water District / County of Orange property, and agree to indemnify SCE against and to save SCE harmless from all costs and expenses, including attorney's fees, and all liability, and claims and demands of others (except employees of SCE) for loss of or damage to property, or injury to oc death of persons, which may result directly or indirectly from the consenting, use or termination of, or operations under, this agreement, save and except any such loss of or damage to Capistrano Valley Water District / County of Orange property and any such loss of or damage to property, or injury to or death of persons, resulting from the negligence of SCE. Capistrano Valley Water District / County of Orange agree to pay SCE in full and promptly upon demand for any and all loss of or damage to SCE's property caused by the tortious conduct of Capistrano Valley Water District / County of Orange (including negligence, intentional or willful) acts, and acts in which there is a liability without fault) and resulting from or growing out of any operations of Capistrano Valley Water District / County of Orange hereunder or in connection herewith, save and except any such loss or damage to SCE's property resulting from the tortious conduct of SCE, (including neqliqence, t=n'uonai or willfun acts, ano acts in which there Is llaz)llit wiiho ! fault). 15 Flammable materials must not be stored on the right of way. EXHIBIT A Consent Agreement Page 2 of 9 aMN JUMn URP i5 RR 9495933955 p . 5 Capistrano Valley Water District/ 3 July 10, 2001 County of Orange 18. Staging of equipment or materials shall not be permitted within the SCE right of way. 17. Underground facilities installed on the right of way shall have a minimum cover of six. feet and shall be capable of withstanding a gross load of 40 tons on a three-axle truck. 18. Suitable identification markers shall be installed indicating the location and depth of any underground lines and/or pipelines. 19. The subject 24-inch water pipeline shall be constructed to withstand a pressure equal to at least One Hundred and Fifty Percent (150%) of its maximum operating pressure, and shall be so tested upon completion of Its construction. Capistrano Valley Water District/County of Orange shall give the Superintendent of Metropolitan Transmission Area twenty-four (24) hours prior notice in writing of the time and place of testing said pipeline for such pressure in order that a representative of SCE may be present. 20. Additional structures or development will not be permitted on the right of way. 21. At all times during construction of the subject 24-inch water pipeline, the California Code of Regulations, Title 8. Article 37, Provisions for Preventing Accidents Due to Proximity to Overhead Lines, must be adhered to. 22. SCE shall be held harmless from any damage on or off the right of way resulting from the work being performed as described herein, and approval of these drawings by SCE does not relieve Capistrano Valley Water District ) County of Orange or its engineers from any liability arising out of their design or construction of the project. Please contact Larry Benjamin at (310) 608-5148 a minimum of 48-hours prior to start of construction. This letter should not be construed as a subordination of SCE's right, title and interest in and to its easements, nor should this letter be construed as a waiver of any of the provisions contained in said easements or a waiver of any costs of relocation of effected SCE facilities As previously in9icated, it is necessary that the use of land within an operating high voltage transmission line right of way be closely coordinated. For this reason, it will be necessary for SCE to assume your project has been either delayed or canceled in the event the copy of this letter has not been signed and returned within sixty days from the date of this letter Should this occur, any consent granted or implied Is voided without further notice in order to protect our rights and facilities. If the project Is subsequently reactivated. please contact SCE again prior to the sten of any construction, referencing our subject CRE file number. We will then work together with you to ensure the project is coordinated so as to avoid interference with SCE installations and operations. This agreement is personal to Capistrano Valley Water District! County of Orange and is not transferable without SCE's prior written consent. EXHIBIT ,A Consent Agreement Page 3 of 9 ...... „_ .. . ...,n oMn ..urn i.nripl RF � 1J�aody SS F . b Capistrano Valley Water District 1 4 July 10, 2001 County of Orange Please have Capistrano Valley Water District I County of Orange sign and date the enclosed original Consent approval letter, thereby Indicating acceptance of the above conditions. Please return the original letter to the following address: Southern California Edison Attn: Karen Damey, Building B P. O. Box 11982 Santa Ana, CA 92711-1982 In recent years there have been numerous scientific studies about the effects of power frequency (50 Hz) EMF. There are several sources of EMF, including household appliances and electric power facilities. Scientists do not agree on how to interpret the currently available information. There is agreement, however, that this is an important issue that should be resolved. SCE would like to share with Capistrano Valley Water District / County of Orange the balanced information or literature SCE has about EMF, if the Capistrano Valley Water District/County of Orange are interested. Should Capistrano Valley Water District and County of Orange wish, brochures will be make available, upon request. that explain some facts about EMF and that outline SCE's policy in this area. Capistrano Valley Water District/County of Orange agree to advise SCE if they have any questions or require additional information. If you should have any further questions or require additional information, please contact me at (714) 285.4376. Karen Damey Right of Way Agent Real Estate Operations Division Corporate Real Estate Department cc: F. Wheaton D. O. Dick L. Benjamin W. Ousley- F. Wasko cc: wlapproved plans: Paul Wilson, Malcom Pimis, Inc. EXHIBIT A Consent Agreement Page 4 of 9 — I Ur JHn JUnrl I.RPISTRR 9984933955 F . 6 Capistrano Valley Water Distnct/ 5 July 10, 2001 County of Orange ACCEPTED &APPROVED Dated Capistrano Valley Water District By, ( ,LNU ,v 1 /WI (Ar +A_, PringT 1�'i �t'�lRh►,1� _ Title OT- R&I SLI& e ACCEPTED& APPROVED Dated; County of Orange By'. Prirt- Title EXHIBIT A Consent Agreement Page 5- of 9 PLANS — SC-04 SOUTH CONNECTOR I AND II 4 pages of plans will be provided EXH1BTT A Consent Agreement Pages 6, 7, 8 & 9 of 9 RA CVWD consent.doc-8/14/01 AUG 03 2001 8: 5SAM CITY OF SRN JUAN CAPISTRP 9494933955 P . 2 SOUTHERN CAUfORnln EDISON M EDISON 6NTERVATIONAP"CanprnY Mr. Eric Bauman July 10, 2001 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92875 Subject: Consent Approval for 24-inch Water Pipeline Capistrano Valley Water District/County of Orange Malcom Plrnie, Inc. South of Ortega Highway and West of La Pata Avenue City of San Juan Capistrano Chino-San Onofre 220 kV San Onofre-Santiago No. 1 220 kV Sen Onafre-Santiago No. 2 220 kV Sen Onofre-Serrano 220 kV CRE File No.: CON0140046 Southern California Edison has reviewed and approved your request for a proposed 24- inch water pipeline as shown on the attached plans entitled "SC-04 SOUTH CONNECTOR I and II" drawings (Sheets 1, 2, 3, and 12 of 43) date stamped "Received Corporate Real Estate Santa Ana' on March 15, May 22 and May 30, 2001. Sheet 12 to stamped with SCE's approval date of July 9, 2001. As a utility operating high voltage electric lines which serves a major portion of Southern California, SCE's approval is given subject to the conditions listed below to provide for the safety of others, to protect the electric system from damage, and to prevent service Interruptions. 1 Adequate access to all structures must be provided and at no time is there to be any interference with the free movement of SCE's equipment and materials. 2. At no time shall SCE's access to any tower location be cut off during any temporary grading operation. 3. All equipment working on the right of way must maintain a minimum clearance of 25- feet from all SCE structures and 25-feet from all overhead conductors. 4. Capistrano Valley Water District i County of Orange, Real Estate Operations Dlvlslon and Metropolitan Transmission shall meet prior to occupancy for inspection of all involved structures to determine existing conditions. This inspection will include photographs of all damage and will be documented and signed by the above representatives. 5. It must be emphasized that these conditions are given from a review of proposed plans, dated March 15, May 22, and May 30, 2001, submitted by Capistrano Valley Water District / County of Orange. Any changes in the final plans may impose further 1525 S.Grand Ave. Santa Ana,CA 92705 Capistrano Valley Water District/ 2 July 10, 2001 County of Orange 6. Construction area must be watered down periodically to prevent dust contamination of SCE insulators. Any maintenance required by SCE on its facilities over and above normal, and resulting from this operation, shall be paid for by Capistrano Valley Water District / County of Orange. 7. All areas must be left in essentially the same condition as prior to commencement of the proposed work. 8. The SCE right of way shall be left in a condition satisfactory to SCE. The cost to repair any damage caused by Capistrano Valley Water District / County of Orange to the access roads, slopes, turnaround area, or overhead facilities shall be paid for by Capistrano Valley Water District/ County of Orange. 9. Cribbing shall be installed if the ditch is to be left open or endangers SCE facilities. 10 Capistrano Valley Water District / County of Orange agree that all construction equipment, when not in use, shall be parked clear of SCE's right of way and rendered immobile. 11. Any earth disturbed within the right of way and/or backfilling shall be compacted to 90 percent. 12 Patrol roads, 16-feet wide inside the berms and capable of supporting 40-tons on a three-axle truck, must be provided at locations as indicated on the attached print. 13 No parking is allowed on the subject right of way. 14 Capistrano Valley Water District / County of Orange, hereby releases and discharges SCE from all claims and demands by Capistrano Valley Water District / County of Orange for loss of or damage to Capistrano Valley Water District / County of Orange property, and agree to indemnify SCE against and to save SCE harmless from all costs and expenses, including attorney's fees, and all liability, and claims and demands of others (except employees of SCE) for loss of or damage to property, or injury to of death of persons, which may result directly or indirectly from the consenting, use or termination of, or operations under, this agreement, save and except any such loss of or damage to Capistrano Valley Water District / County of Orange property and any such loss of or damage to property, or injury to or death of persons, resulting from the negligence of SCE. Capistrano Valley Water District / County of Orange agree to pay SCE in full and promptly upon demand for any and all loss of or damage to SCE's property caused by the tortious conduct of Capistrano Valley Water District / County of Orange (including negligence, intentional or willfull acts, and acts in which there is a liability without fault) and resulting from or growing out of any operations of Capistrano Valley Water District f County of Orange hereunder or in connection herewith, save and except any such loss or damage to SCE's Property resulting from the tortious conduct of SCE, (including nealigence, Interitionai or willtull acts, and acts irl W,".ict: 'there is liability wethout fault). 15 Flammable materials must not be stored on the right of way. HUI 00 cam.. + b : bsRF' CiTv OF SRN JURN CRPISTRR 9494933955 F . 4 Capistrano Valley Water District/ 3 July 10, 2001 County of Orange 16. Staging of equipment or materials shell not be permitted within the SCE right of way. 17. Underground facilities installed on the right of way shall have a minimum cover of six- feet and shall be capable of withstanding a gross load of 40 tons on a three-axle truck. 18. Suitable identification markers shall be installed indicating the location and depth of any underground lines and/or pipelines. 19. The subject 24-Inch water pipeline shall be constructed to withstand a pressure equal to at least One Hundred and Fifty Percent (150%) of its maximum operating pressure, and shall be to tested upon completion of Its construction. Capistrano Valley Water District I County of Orange shall give the Superintendent of Metropolitan Transmission Area twenty-four (24) hours prior notice in writing of the time and place of testing said pipeline for such pressure in order that a representative of SCE may be present. 20. Additional structures or development will not be permitted on the right of way. 21. At all times during construction of the subject 24-inch water pipeline, the California Code of Regulations, Title 8. Article 37, Provisions for Preventing Accidents Due to Proximity to Overhead Linea, must be adhered to. 22. SCE shall be held harmless from any damage on or off the right of way resulting from the work being performed as described herein, and approval of these drawings by SCE does not relieve Capistrano Valley Water District I County of Orange or its engineers from any liability arising out of their design or construction of the project. Please contact Larry Benjamin at (310) 608-5146 a minimum of 48-hours prior to start of construction. This letter should not be construed as a subordination of SCE's right, title and interest in and to its easements, not should this letter be construed as a waiver of any of the provisions contained in said easements or a waiver of any coats of relocation of affected SCE facilities As previously tndicated, it is necessary that the use of land within an operating high voltage transmission line right of way be closely coordinated. For this reason, it will be necessary for SCE to assume your project has been either delayed or canceled in the event the copy of this letter has not been signed and returned within sixty days from the date of this letter. Should this occur, any consent granted or implied is voided without further notice in order to protect our rights and facilities. If the project Is subsequently reactivated, please contact SCE again prior to the start of any construction, referencing our subject CRE file number. We will then work together with you to ensure the project is coordinated so as to avoid interference with SCE installations and operations. This agreement is personal to Capistrano Valley Water District/ County of Orange and Is not transferable without SCE's prior written consent. n..0 uu _.... . a . 00Hr — T Ur SFIr) JUP4N CriP157RR 9494933955 p . 5 Capistrano Valley Water District/ 4 July 10, 2001 County of Orange Please have Capistrano Valley Water District / County of Orange sign and date the enclosed original consent approval letter, thereby indicating acceptance of the above conditions. Please return the original letter to the following address: Southern California Edison Attn: Karen Damey, Building B P. O. Box 11982 Santa Ana, CA 92711-1982 In recent years there have been numerous scientific studies abut the effects of power frequency (60 Hz) EMF. There are several sources of EMF, including household appliances and electric power facilities. Scientists do not agree on how to interpret the currently available information. There is agreement, however, that this is an important issue that should be resolved. SCE would like to share with Capistrano Valley Water District / County of Orange the balanced information or literature SCE has about EMF, if the Capistrano Valley Water District/County of Orange are interested. Should Capistrano Valley Water District and County of Orange wish, brochures will be make available, upon request, that explain some facts about EMF and that outline SCE's policy in this area. Capistrano Valley Water District/County of Orange agree to advise SCE if they have any questions or require additional information, If you should have any further questions or require additional information, please contact me at (714) 285-4376. Karen Dorney Right of Way Agent Real Estate Operations Division Corporate Real Estate Department cc: F. Wheaton D. O. Dick L. Benjamin W. Ousley F. Wasko cc: w/approved plans: Paul Wilson, Malcom Pimie, Inc. Capistrano Valley Water District / 5 July 10, 2001 County of Orange ACCEPTED & APPROVED Dated: �✓ Capistrano Valle(Wter Distrct By: i Print: Geor a C. Sc irborou h Title: General Man qer ACCEPTED &APPROVED Dated: County of Orange By: Print: Title: PLANS — SC-04 SOUTH CONNECTOR I AND II 4 pages of plans will be provided RA CVWQ consent.doc-8/16/01 7 to WATER CONNECTOR PIPELINE I 5z. % PRIMA DESHECHA LANDFILL 1 nn-U— i-A nT .1-Al'I10 VALT FY \ `� ^T' Y% �Cy WATER DISTRICT WATER CONNECTOR PIPELINE AT THE PRIMA DESHECHA LANDFILL LANDFILL PROPERTY LINE IWMD PROJECT: PM 126 PARCEL: 28 & 30 STAFF PRESENT: George Scarborough, Executive Director; Julia Silva, Assistant City Manager; John Shaw, Agency Counsel; Meg Monahan, Agency Secretary; Cynthia L. Russell, Chief Financial Officer; Thomas Tomlinson, Deputy Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King Jr., Community Services Director; Lt. Rick Stahr, Chief of Police Services; and Dawn Schanderl, Recording Secretary. CONSENT CALENDAR Board Action: Moved by Director Swerdlin, seconded by Director Hart and carried unanimously, 5-0, to approve items 1 through 3 as recommended by Staff. 1. MINUTES FROM THE REGULARMEETING OF NOVEMBER6,2001 APPROVED AS SUBMITTED 2. RESOLUTION NO. CVWD 01-12-04-01 ENTITLED "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, DECLARING WORKTO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR CHLORINE PRODUCTION UNIT AT ROSENBAUM WELL NUMBER 1;" CLERK OF THE BOARD DIRECTED TO PROCESS RECORDING OF NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE RETENTION 35 DAYS AFTER RECORDING OF NOTICE OF COMPLETION (SEVERN TRENT SERVICES/NORTHERN DIGITAL, INC.) (600.70) t�. RESOLUTION NO. CVWD 01-12-04-02 "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, ACCEPTING PUBLIC WATER FACILITIES EASEMENT,COUNTYOF ORANGE, INTEGRATED WASTE MANAGEMENT DEPARTMENT FOR THE PRIMA DESHECHA LANDFILL" ADOPTED APPROVING AN EASEMENT AGREEMENT WITH THE COUNTY OF ORANGE IN THE AMOUNT OF $18,100; CONSENT AGREEMENT WITH COUNTY OF ORANGE TO THE BENEFIT OF SOUTHERN CALIFORNIA EDISON APPROVED; PERFORMANCE AND INDEMNIFICATION AGREEMENT WITH COUNTY OF ORANGE APPROVED; LETTER OF PERMISSION FOR GRADING FROM SAN DIEGO GAS & ELECTRIC APPROVED; AND, THE GENERAL MANAGER AUTHORIZED TO EXECUTE DOCUMENTS BOARD ACTIONS: - None CVWD Minutes 2 12-4-01 12/04/01 CVWD AGENDA ITEM B 3 TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Agreements related to the SC04 Terminal Pipeline Project (County of Orange) (Southern California Edison) (San Diego Gas & Electric) (CIP No. 794) RECOMMENDATION By motion, approve 1) an easement agreement with the County of Orange in the amount of $18,100; 2" consent agreement with the County of Orange to the benefit of Southern California Edison; 3Ya performance and indemnification agreement with the County of Orange; 4/a letter of permission for grading from San Diego Gas & Electric; and, authorize the City Manger to execute the documents. SITUATION The water system improvements known as the SC04 Pipeline Project are identified in the Capistrano Valley Water District (CVWD) Domestic Water Master Plan dated May 1999. This project will enhance overall water service reliability and increase capacity on the southeast side of the District. The project includes approximately 22,000 lineal feet of 24-inch diameter pipeline, and 5,400 lineal feet of 12-inch diameter pipeline. On October 2, 2001, the Board authorized the General Manager to enter into a right-of- entry agreement with the County of Orange for the SC04 pipeline. The right of entry agreement was to allow construction to begin in the interim until the easement agreement with the County could be completed. The details of the easement agreement have been resolved, and the easement is now prepared for the Board's consideration. There are 4 related documents to approve. 1) The County's easement agreement. 2) A consent agreement with the County of Orange to the benefit of Southern California Edison (SCE), that allows the County to grant an easement across the easement granted to SCE by the County. 3) A Performance and indemnification agreement required by the County, as a condition of signing SCE's consent agreement. 4) A letter of permission for grading from San Diego Gas and Electric (SDG&E) that allows the County to grant an easement across the easement granted to SDG&E by the County. COMMISSION RECOMMENDATION None. FOR CITY COUNCIL AGENDA. Agenda Item December 4, 2001 SC04 Terminal Pipeline Project FINANCIAL CONSIDERATION The easement with the County of Orange will cost $18,100. Sufficient funds exist in CIP No. 794 for this item. NOTIFICATION County of Orange Southern California Edison San Diego Gas and Electric ALTERNATE ACTIONS 1. By motion, approve 1) an easement agreement with the County of Orange in the amount of $18,100; 2) a consent agreement with the County of Orange to the benefit of Southern California Edison; 3) a performance and indemnification agreement with the County of.Orange; 4) a letter of permission for grading from San Diego Gas & Electric; and, authorize the City Manger to execute the documents. 2. Request additional information from the staff. RECOMMENDATION By motion, approve 1) an easement agreement with the County of Orange in the amount of $18,100; 2) a consent agreement with the County of Orange to the benefit of Southern California Edison; 3) a performance and indemnification agreement with the County of Orange; 4) a letter of permission for grading from San Diego Gas & Electric; and, authorize the City Manger to execute the documents. Respectfully ny submitted, Prep edd b� Amuy�YnA.miiraan'ii Eric Bauman Public Works Director Senior Engineer Attachments: 1) An easement agreement with the County of Orange. 2) A consent agreement with the County of Orange to the benefit of Southern California Edison. 3) A performance and indemnification agreement with the County of Orange. 4) A letter of permission for grading from San Diego Gas and Electric. Page 2 ATTACHMENT No.1 1 RECORDING REQUESTED BY: CAPISTRANO VALLEY WATER DISTRICT 2 WHEN RECORDED MAIL TO: 3 Capistrano Valley Water District 4 32450 Paseo Adelanto San Juan Capistrano, California 92675 5 Project No: PM 126 6 Project: Prima Deshecha Landfill Parcel No: 28 7 8 EASEMENT DEED AND AGREEMENT 9 This Easement Deed and Agreement is made 200_, by and between 10 COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter known as "GRANTOR," and CAPISTRANO VALLEY WATER DISTRICT, a body corporate and politic, 11 hereinafter referred to as "GRANTEE." 12 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a non-exclusive easement and right of way over, 13 along and across all that certain real property(hereinafter referred to as "Easement Area") described in "Exhibit 1," attached hereto and made a part hereof,to construct, reconstruct, inspect, maintain, 14 and repair a water connector pipeline. 15 It is understood and agreed by the parties hereto and their successors and assigns, that said easement and right of way herein granted shall be subject to the following terms and conditions: 16 1. DEFINITIONS (PM02.1N) 17 "Agreement" means this Easement Deed and Agreement, 18 "GRANTOR" means the County of Orange. Actions to be taken by GRANTOR under this Agreement 19 shall be taken by the Board of Supervisors of the County of Orange which executed this Agreement or its 20 representatives specifically authorized to take such actions under this Agreement. "Director" means the Director, Integrated Waste Management Department of the County of Orange, or 21 upon written notice to GRANTEE, Director's designee or successor. 22 2. ACTIVE LANDFILL (N) 23 GRANTEE is aware that the Easement Area is located in GRANTOR's Prima Deshecha Landfill, which is an active landfill. 24 3. CONSTRUCTION AND MAINTENANCE (PMES2.1 N) 25 GRANTEE shall have its initial construction plans approved in writing by GRANTOR's Director prior to 26 commencement of any work; and upon completion of any work, GRANTEE shall immediately notify Director of such completion. Director's approval of GRANTEE's initial construction plans shall not be n7 deemed approval from the standpoint of structural safety, suitability for purpose or conformance with 28 building or other codes or other governmental requirements. RAW DOCS\DEEDS\CVWDessedeed-2A.1.DOC-Wl6N1 _1_ EXHIBIT C 1 Should it be necessary for GRANTEE to disturb the surface of the Easement Area GRANTEE agrees to { notify Director in advance and to obtain Director's written approval of all plans for construction, 2 reconstruction and major repair and/or maintenance prior to commencement thereof. Said approval shall not be withheld capriciously or unreasonably, nor shall said approval be necessary in any emergency 3 situation. 4 Under the rights granted herein: a) any excavation made shall be made in such a manner as will cause the least injury to the surface of the ground around such excavation, b) the earth so removed by such 5 excavation shall be replaced, c)the surface of the ground shall be promptly restored as nearly as possible to the same condition as existed prior to excavation, d) GRANTOR's improvements shall be 6 protected in place and e) GRANTEE shall be solely responsible for the cost of repair or replacement of GRANTOR's improvements if such improvements are damaged due to GRANTEE's actions. 7 At all times when exercising the rights granted herein, GRANTEE shall do so as to not block but to 8 maintain GRANTOR's access to and from GRANTOR's facilities within the Prima Deshecha Landfill. All facilities installed by GRANTEE pursuant to this Agreement shall be maintained by GRANTEE in good 9 repair and in safe condition. 10 4. ACCESS RIGHTS (N) 11 GRANTEE and its respective contractors, agents, and employees, at all times, for the purpose of exercising the rights herein granted, shall have the right of access to and from the Easement Area by 12 routes over existing roads and trails as such routes are specified in writing from time to time by the Director. 13 5. HOLD HARMLESS (PMES5.1 S) 14 ( GRANTEE hereby waives all claims and recourse against GRANTOR, including the right of contribution 15 for loss or damage of persons or property, including GRANTOR, its officers, agents, and employees, an from, growing out of or in any way connected with or related to this easement, except claims 16 arising from the concurrent active or sole negligence of GRANTOR, its officers, agents, and employees. GRANTEE hereby agrees to indemnify, hold harmless, and defend GRANTOR, its officers, agents and 17 employees, against any and all claims, loss, demands, damages, cost, expenses or liability for injury to any persons or property; including GRANTOR, its officers, agents and employees, arising out of the 18 operation or maintenance of the property described herein, and/or GRANTEE's exercise of the rights under this easement, except for liability arising out of the concurrent active or sole negligence of 19 GRANTOR, its officers, agents, and employees, including the cost of defense of any lawsuit arising therefrom. If GRANTOR is named as co-defendant in a lawsuit, GRANTEE shall notify GRANTOR of 20 such fact and shall represent GRANTOR in such legal action unless GRANTOR undertakes to represent itself as co-defendant in such legal action, in which event GRANTEE shall pay to GRANTOR its litigation 21 costs, expenses and attomeys' fees. if judgment is entered against GRANTOR and GRANTEE by a court of competent jurisdiction because of the concurrent active negligence of GRANTOR and 22 GRANTEE, GRANTOR and GRANTEE agree that liability will be apportioned as determined by the court 23 1 Neither party shall request a jury apportionment. 24 6. TOXIC MATERIALS (N) 25 GRANTEE shall be responsible for and shall defend, indemnify, and hold GRANTOR, its officers, Ldirectors, employees, agents, and representatives harmless from and against all claims, costs, and 26 liabilities, including attomeys'fees and costs, arising out of or in connection with the use and disposal of Toxic Materials on the Easement Area by GRANTEE. If the use and disposal of Toxic Materials on the ( '7 Easement Area by GRANTEE results in contamination or deterioration of water or soil resulting in a level of contamination greater than maximum allowable levels established by any governmental agency having 28 w.W:wocswEEosV-VWDe seaee-2A.i.coc-anaio1 -2- EXHIBIT C I . jurisdiction over such contamination, GRANTEE shall promptly take any and all action necessary to clean up such contamination. 2 7. REMOVAL AND/OR ABANDONMENT (PMES3.1 S) 3 GRANTEE agrees that in the event the service for which said facilities were constructed is ordered 4 discontinued and GRANTEE is not required by law, rule, or regulation of any governmental authority to fumish said service, or in the event the use of the facilities ceases for a period of more than one (1)year 5 without written notice from GRANTEE to GRANTOR of the circumstances affecting such suspension and of GRANTEE's intention to resume usage of the facilities, GRANTEE, at the Qrector's request and at no 6 cost to GRANTOR, shall remove and/or abandon any portion of said facilities owned, operated, and k maintained by GRANTEE, within sixty(60) days after receipt of written notice from the Director to remove 7 and/or abandon. In the event of such removal and/or abandonment, GRANTEE shall execute and record in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the 8 encumbrance of this easement from title to the Easement Area. 9 S. RELOCATION (PMES4.1 N) 10 GRANTEE agrees that in the event said facilities shall at any time interfere with the use, repair, or improvement of GRANTOR's property, GRANTEE shall,within 180 days of receipt of written notice from 11 Director, relocate said facilities to a site designated by Director. GRANTOR shall first fumish GRANTEE with a document containing terms and conditions similar to those contained herein. The cost of the first 12 such relocation shall be the responsibility of GRANTEE and the cost of any subsequent relocation 13 required by GRANTOR shall be the responsibility of GRANTOR. 14 9. REVISON OF LEGAL DESCRIPTION (PMES4.3 S) In the event that attached Exhibit"1" is subsequently found to inaccurately describe the location of said 15facilities, the parties agree that an amended Exhibit"1"will be prepared and recorded which will replace and supersede said Exhibit"1." Said amendment of Exhibit"1"will not affect, alter or change this 16 Agreement. Furthermore, this Agreement will be deemed to be amended and will relate back and be in 17 place as of the initial date of this Easement Deed and Agreement prior to said amendment of Exhibit"1" 18 10. EXCEPTIONS AND RESERVATIONS (PMES7.1 S) 19 GRANTOR hereby reserves for itself and its successors and assigns, such surface and subsurface rights as will not interfere with or prohibit the complete use by GRANTEE, its successors and assigns, of the 20 rights and easement herein granted. GRANTOR will not place or permit any building on the Easement 21 Area or otherwise interfere with the full enjoyment by GRANTEE of the easement hereby granted. This grant is subject all to existing matters of record including contracts, leases, licenses, easements, 22- encumbrances, and claims which may affect the Easement Area,and certain easements recorded in Book 7368, Page 374 and in Book 7485, Page 714 of the Official Records of Orange County, and the use 23 of the word"grant" herein shall not be construed as a covenant against the existence of any thereof. 24 11. ATTACHMENTS TO DOCUMENT (PMES8.1 S) 25 This document includes the following, which is attached hereto and made a part hereof: 26 Exhibit 1 (Legal Description) n7 28 rtn ,.--CS1DEEDSICVWDeas dead-2Ai.DOC-enei01 -3- EXHIBIT C 1 GRANTEE { CAPISTRANO VALLEY WATER DISTRICT 2 3 By 4 STATE OF CALIFORNIA ) 5 ) SS COUNTY OF ORANGE ) 6 ACKNOWLEDGEMENT 7 On 200_, before me, , a Notary Public in and for said 8 County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose named 9is 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 10 acted,executed the instrument. 11 WITNESS my hand and official seat. 12 Signature 13 14 ( SIGNED AND CERTIFIED THAT A COPY OF GRANTOR 15 THIS DOCUMENT HAS BEEN DELIVERED TO COUNTY OF ORANGE THE CHAIRMAN OF THE BOARD 16, By 17 DARLENE J. BLOOM Chair of the Board of Supervisors Clerk of the Board of Supervisors of Orange 18 County, Califomia 19 20 STATE OF CALIFORNIA ) ) SS 21 COUNTY OF ORANGE ) ACKNOWLEDGEMENT 22 On 200_, before me, a Notary Public in and for said 23 County and State, personally appeared Darlene J. Bloom, Clerk of the Board of Supervisors, County of Orange, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person 24 whose named 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 25 which the person acted, executed the instrument. 26 WITNESS my hand and official seal. n7 Signature 28 RA W1DOCS\DEEDS\CVWDea dmd-2A1.DOC-Wl6/0i -4- EXHIBIT C 1 APPROVALS 2 3 Approved as to Form County Counsel 4 By Date 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 07 28 RA W:OOCSOEEDS\CVWDea"dmd-2A7.DOC-&18/o7 -5- _ - EXHIBIT C EXHIBIT 1 Legal Description (to be provided) E RA W:\DOCS\DEEDS%CVWD"sadmd-2Al.DOC-8H6/01 �_ - EXHIBIT C JSOUTHERN CALIFORNIA ATTACHEMENT N0.2 EDISON -�An EDISON INTERNATIONAL-Company - Mr. Eric Bauman July 10, 2001 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Consent Approval for 24-inch Water Pipeline Capistrano Valley Water District/ County of Orange Malcom Pirnie, Inc. South of Ortega Highway and West of La Pata Avenue City of San Juan Capistrano Chino-San Onofre 220 kV San Onofre-Santiago No. 1 220 kV San Onofre-Santiago No. 2 220 kV San Onofre-Serrano 220 kV CRE File No.: CON0140048 Southern California Edison has approved your request to install a 24-inch water pipeline crossing SCE's subject 22DkV transmissiori line right of way. .Enclosed are two original Consent Approval Letters dated July 10, 2001. Please have the appropriate parties sign both consent approval letters and return one original to me at the following address: Southern California Edison Attn: Karen Darney, Building B P. O. Box 1198 Santa Ana, CA 92711-1 982 A copy of the consent approval letter has been forwarded to Paul Wilson @ Malcolm Pirnie, Inc. along with the approved construction plans. Should you have any questions or need more information, please feel free to call me at (714) 285-4376. Karen Darney Right of Way Agent Real Estate Operations Division Corporate Real Estate Department Enclosures cc:. F. Wheaton D. O. Dick L. Benjamin } B. Ousley F. Wasko Paul Wilson @ Malcolm Pirnie, Inc. 1325 S.Grand Ave. Santa Ana,CA 92705 " SOUTHERN CALIFORNIA EDISON )An EDISON INTERNATIONAL`Company - Mr. Eric Bauman July 10, 2001 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject-, Consent Approval for 24-inch Water Pipeline Capistrano Valley Water District/County of Orange Malcom Pirnie, Inc. South of Ortega Highway and West of La Pata Avenue City of San Juan Capistrano Chino-San Onofre 220 kV San Onofre-Santiago No. 1 220 kV San Onofre-Santiago No. 2 220 kV San Onofre-Serrano 220 kV CRE File No.: CON0140048 Southern California Edison has reviewed and approved your request for a proposed 24- inch water pipeline as shown on the attached plans entitled "SC-04 SOUTH CONNECTOR I and II" drawings (Sheets 1, 2, 3, and 12 of 43) date stamped "Received Corporate Real Estate Santa Ana" on March 15, May 22 and May 30, 2001. Sheet 12 is stamped with SCE's approval date of July 9, 2001. As a utility operating high voltage electric lines which serves a major portion of Souther California, SCE's approval is given subject to the conditions listed below, to provide for the safety of others, to protect the electric system from damage, and to prevent service interruptions. 1. Adequate access to all structures must be provided and at no time is there to be any interference with the free movement of SCE's equipment and materials. 2. At no time shall SCE's access to any tower location be cut off during any temporary grading operation. 3. All equipment working on the right of way must maintain a minimum clearance of 25- feet from all SCE structures and 25-feet from all overhead conductors. 4. Capistrano Valley Water District/ County of Orange, Real Estate Operations Division and Metropolitan Transmission shall meet prior to occupancy for inspection of all involved structures to determine existing conditions. This inspection will include photographs of all damage and will be documented and signed by the above representatives. 5. It must be emphasized that these conditions are given from a review of proposed plans, dated March 15, May 22, and May 30, 2001, submitted by Capistrano Valley Water District / County of Orange. Any changes in the final plans may impose further conditions to this consent. 1325 S.Grand Ave. Santa Ana,CA 92705 Capistrano Valley Water District/ 2 July 10, 2001 County of Orange 6. Construction area must be watered down periodically to prevent dust contamination of SCE insulators. Any maintenance required by SCE on its facilities over and above normal, and resulting from this operation, shall be paid for by Capistrano Valley Water District /County of Orange. 7. All areas must be left in essentially the same condition as prior to commencement of the proposed work. S. The SCE right of way shall be left in a condition satisfactory to SCE. The cost to repair any damage caused by Capistrano Valley Water District-/ County of Orange to the access roads, slopes, turnaround area, or overhead facilities shall be paid for by Capistrano Valley Water District/County of Orange. 9. Cribbing shall be installed if the ditch is to be left open or endangers SCE facilities. 10. Capistrano Valley Water District / County of Orange agree that all construction equipment, when not in use, shall be parked clear of SCE's right of way and rendered immobile. 11. Any earth disturbed within the right of way and/or backfilling shall be compacted to 90 percent. 12. Patrol roads, 16-feet wide inside the berms and capable of supporting 40=tons on a three-axle truck, must be provided at locations as indicated on the attached print. 13. No parking is allowed on the subject right of way. 14. Capistrano Valley Water District / County of Orange, hereby releases and discharges SCE from all claims and demands by Capistrano Valley Water District / County of Orange for loss of or damage to Capistrano Valley Water District / County of Orange property, and agree to indemnify SCE against and to save SCE harmless from all costs and expenses, including attorney's fees, and all liability, and claims and demands of others (except employees of SCE) for loss of or damage to property, or injury to or death of persons, which may result directly, or indirectly from the consenting, use of termination of, or operations under, this agreement, save and except any such loss of or damage to Capistrano Valley Water District / County of Orange property and any such loss of or damage to property, or injury to or death of persons, resulting from the negligence of SCE. Capistrano Valley Water District / County of Orange agree to pay SCE in full and promptly upon demand for any and all loss of or damage to SCE's property caused by the tortious conduct of Capistrano Valley Water District / County of Orange (including negligence, intentional or willfull acts, and acts in which there is a liability without fault) and resulting from or growing out of any operations of Capistrano Valley Water District / County of Orange hereunder or in connection herewith, save and except any such loss or damage to SCE's property resulting from the tortious conduct of SCE, (including negligence, intentional or willful) acts, and acts in which there is liability without fault). 15. Flammable materials must not be stored on the right of way. Capistrano Valley Water District/ 3 July 10, 2001 County of Orange 16. Staging of equipment or materials shall not be permitted within the SCE right of way. 17. Underground facilities installed on the right of way shall have a minimum cover of six- feet and shall be capable of withstanding a gross load of 40 tons on a three-axle truck. 18. Suitable identification markers shall be installed indicating the location and depth of any underground lines and/or pipelines. 19. The subject 24-inch water pipeline shall be constructed to withstand a pressure equal to at least One Hundred and Fifty Percent (150%) of its maximum operating pressure, and shall be so tested upon completion of its construction. Capistrano Valley Water District/County of Orange shall give the Superintendent of Metropolitan Transmission Area twenty-four (24) hours prior notice in writing of the time and place of testing said pipeline for such pressure in order that a representative of SCE may be present. 20. Additional structures or development will not be permitted on the,right of way. 21. At all times during construction of the subject 24-inch water pipeline, the California Code of Regulations, Title 8, Article 37, Provisions for Preventing Accidents Due to Proximity to Overhead Lines, must be adhered to. 22. SCE shall be held harmless from any damage on or off the right of way resulting from the work being performed as described herein, and approval of these drawings by SCEdoes not. relieve Capistrano Valley Water District / County of Orange or its engineers from any liability arising out of their design or construction of the project. Please contact Larry Benjamin at (310) 608-5148 a minimum of 48-hours prior to start of construction. This letter should not be construed as a subordination of SCE's right, title and interest in and to its easements, nor should this letter be construed as a waiver of any of the provisions contained in said easements-or a waiver of any costs of relocation of affected SCE facilities. As previously indicated, it is necessary that the use of land within an operating high voltage transmission line right of way be closely coordinated. For this reason, it will be necessary for SCE to assume your project has been either delayed or canceled in the event the copy of this letter has not been signed and returned within sixty days from the date of this letter. Should this occur, any consent granted or implied is voided without further notice in order to protect our. rights and facilities. If the project is subsequently reactivated, please contact SCE again prior to the start of any construction, referencing our subject CRE file number. We will then work together with you to ensure the projectis coordinated so as to avoid interference with SCE installations and operations. This agreement is personal to Capistrano Valley Water District / County of Orange and is not transferable without SCE's prior written consent. Capistrano Valley Water District! 4 July 10, 2001 County of Orange Please have Capistrano Valley Water District / County of Orange sign and date the enclosed original consent approval letter, thereby indicating acceptance of the above conditions. Please return the original letter to the following address: Southern California Edison Attn: Karen Darney, Building B P. O. Box 11982 Santa Ana, CA 92711-1982 In recent years there have been numerous scientific studies about the effects of power frequency (60 Hz) EMF. There are several sources of EMF, including household appliances and electric power facilities. Scientists do not agree on how_to interpret the currently available information. There is agreement, however, that this is an important issue that should be resolved. SCE would like to share with Capistrano Valley Water District / County of Orange the balanced information or literature SCE has about EMF, if the Capistrano Valley Water District/ County of Orange are interested. Should Capistrano Valley Water District and County of Orange wish, brochures.will be make available, upon request, that explain some facts about EMF and that outline SCE's policy in this area. Capistrano Valley Water District/ County of Orange agree to advise SCE if they have any questions or require additional information. If you should have any further questions or require additional information, please contact me at (714) 285-4376. Karen Darney Right of Way Agent Real Estate Operations Division Corporate Real Estate Department cc: F. Wheaton D. O, Dick L. Benjamin W. Ousley F. Wasko cc: w/approved plans: Paul Wilson, Malcom Pirnie, Inc. Capistrano Valley Water District/ 5 July 10, 2001 County of Orange ACCEPTED & APPROVED Dated: Capistrano Valley Water District By: Print: George C. Scarborough Title: General Manager ACCEPTED AND APPROVED Dated: County of Orange By: Print: Title: ATTACHMENT No.3 1 . PM 126-30 Prima Deshecha Landfill 2 3 4 5 6 7 PERFORMANCE AND INDEMNIFICATION AGREEMENT 8 This Performance and Indemnification Agreement is made 200,by and between the 9 COUNTY OF ORANGE, hereinafter referred to as"COUNTY," and the Capistrano Valley Water District, hereinafter referred to as "DISTRICT." 10 11 RECITALS 12 A. COUNTY owns fee title to real property known as the Prima Deshecha Landfill (the"Landfill"). 13 B. COUNTY approved a right of entry agreement on the date first written above(the"Right of Entry")granting DISTRICT rights to construct a water line(the"Water Line")across portions of the Prima Deshecha Landfill. 14 C. DISTRICT has requested consent from the Southern California Edison Company ("Edison") to construct the 15 Water Line through an Edison easement that crosses the Landfill. 16 D. Edison agreed to grant consent to DISTRICT to cross its easement if COUNTY and DISTRICT would enter into a consent agreement with Edison. 17 E. COUNTY and DISTRICT intend to enter into a consent agreement with Edison(the"Consent Agreement")to 18 allow DISTRICT to construct the Water Line through Edison's easement. 19 F. As an incentive to COUNTY to enter the Consent Agreement,DISTRICT agrees to meet any and all of the conditions of the Consent Agreement on behalf of COUNTY at DISTRICT's own expense and at no cost to 20 COUNTY. 21 NOW THEREFORE,the parties to this Agreement mutually agree as follows: 22 1. COUNTY and DISTRICT shall enter into the Consent Agreement with Edison in the form of a letter dated July 10,2001,a copy of which is attached hereto as Exhibit A and incorporated into this Agreement by this reference. 23 2. DISTRICT shall at DISTRICT's sole expense and at no cost to COUNTY comply on behalf of COUNTY with 24 all of the conditions under the Consent Agreement and perform any and all action required of COUNTY under the Consent Agreement. 25 3. DISTRICT shall defend and indemnify COUNTY from and against all claims,demands,loss, damage,actions, 26 causes of action,expense, and/or liability growing out of or related in any way to COUNTY obligations and liabilities,implied or otherwise,under the Consent Agreement. 27 4. Notwithstanding any other provisions of this Agreement,DISTRICT shall remain wholly responsible for any and 28 all obligations,debts,payments or other duties or liabilities arising under this Agreement. RA CV WD crosmtAm-8/14/01 -1- I IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ( 2 3 4 DISTRICT 5 APPROVED AS TO FORM CAPISTRANO VALLEY WATER DISTRICT j$, County Counsel 7 By By 8 Deputy Title: 9 Date: 10 11 12 RECOMMENDED FOR APPROVAL 13 Integrated Waste Management Department 14 15 By Senior Real Property Agent 16 17 18 19 ^ 20 21 22 23 COUNTY 24 COUNTY OF ORANGE 25 26 By Director, Integrated Waste Management Department 7 28 RA CV WD consnt.doc-8/14/01 101 Ash Street § San.Diego,CA 92101-3017 Sempra Energy- 8335 Cenhvey Puk Court,CP I ID ATTACHMENTNo.4 San Diego;CA 92123 October 15, 2001 Mr. George Scarborough, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LETTER OF PERMISSION FOR GRADING AND CONSTRUCTION OF IMPROVEMENTS Dear Mr. Scarborough: San Diego Gas &Electric Company(SDG&E) is the owner of a 150' Electric Transmission Easement located in and around the following legal description; That portion of Rancho Mission Viejo or La Paz, as shown on a map thereof Recorded December 19, 1867, in Book 1, Pages 63 and 64 of Patents, Records of Los Angeles County, California, (A.P.N. 125-172-05) (SDG&E Right of Way No. 15813). We have reviewed and approved the grading an Improvement plans for The SC-04 South Connectors I& H Pipeline Project (for the Capistrano Valley Water District),received.May 29, 2001,which shows the proposed grading and improvements on the property subject to our easement, attached hereto as Exhibit `A'. Permission is hereby granted to The City of San Juan Capistrano, to grade and construct improvements as shown on said plan, subject to the following conditions: 1. Expiration: This permit to grade shall be effective for six (6) months from the date of this letter. _.... __.... ... . ... ......... .._. ..-.. ... ... . .. ... . 2. Submittals: 2.1. Final signed, approved plans must be submitted to SDG&E's Land Management a minimum of 15 working days before commencement of grading and construction of improvements within the easement area. 2.2. Permittee agrees to supply SDG&E Transmission Engineering with `as built' profiles maps, if requested, of the grade changes within its easements. Profiles shall be at the specifications of SDG&E's Transmission Engineering Department. [Daybrkgd-revised.doc] - . 23. Permittee agrees to supply SDG&E with `as-built' grading plans should revisions occur. 3. Pre-Construction Meeting: SDG&E's Land Management Representative must be invited with at least forty-eight (48) hours prior notice, whether by telephone, telefax or otherwise, to any pre- construction meetings held before the start of construction. 4. Grading: 4.1. At least twenty-four (24) hours notice must be given to SDG&E's Land Management before start of work or making field changes to plans within said easement. 4.2. Permittee is responsible to call DIG ALERT at 1-800-227-2600 for all underground mark-out locations. 4.3. No grading shall be allowed within ten (10) feet of a single wood pole structure or anchor, or fifteen (15) feet from any multi-wood pole structure (H-frame, 3-pole, etc), or twenty-five (25) feet from any electric steel lattice towers. All measurements are taken from face of foundation or face of pole. More details are found in the "Guideline for Encroachments On Transmission Rights-of-Way." 4.4. Clearance of(35) feet minimum between the SDG&E electric transmission wires and the natural ground shall be maintained on any given day, noting line sags vary depending on ambient temperature and line current. All CALOSHA requirements for clearances between high voltage wires and heavy equipment must be maintained. 5. Erosion Control: 5.1. All disturbed and created slopes, within the SDG&E electric transmission easement, shall be hydroseeded or planted by Permittee with an SDG&E approved mix. 5.2. Permittee shall design, implement and maintain erosion control to meet the City of San Juan Capistrano's requirements. 6. Storage: This permission to grade letter does not permit storage of materials, dirt or debris--on-the-casement-or fez-parcels-and-does-not-aflow--.L%r-giading-on the-SDG&E fee parcels other than that required to construct the accesses to our service roads as shown on the plans. 7. Access: 7.1. SDG&E reserves the right to inspect and perform quality control work during construction. 7.2. 24 hour access to all existing SDG&E,facilities shall be maintained by Permittee. [CV WD-1.dm1 2 8. Gates: } Any pipe gate construction and the location of the gates relative to the project are to be approved by a SDG&E's Land Management Representative. All gates shall be built to accommodate SDG&E locks. All gates are the property of the underlying fee owner. SDG&E has the right,but not the obligation to use and maintain. 9. Outstanding Agreements: Permittee agrees to pay for, sign and/or have signed all Consent Agreements, Right- of-Way Use Agreements and/or Joint Use Agreements between SDG&E and owner, company, or public agencies who encroach upon the SDG&E easements. 10. Changes: This letter shall not be construed as approval of any field changes. Specific approval of any changes within the SDG&E easement must be approved in writing by SDG&E's Land Management. 11. Special Conditions: None 12. Contingencies: 12.1. If the Permittee has not received a "Guide _for Encroachments on Transmission Rights-of-Way," or a copy of the "Land Use Agreement"Permittee shall acquire both from SDG&E's Land Management. 12.2. This letter is subject to Permittee obtaining the necessary grading and improvement permits from the City of San Juan Capistrano. 12.3. This letter does not give Permittee permission to grade off site on any SDG&E easement without permission from underlying fee property owner. 13. Indemnification: Pemmittea..agrees_to..assume all-zisk-of.loss,--damage�o-property-and/or-izjur;-and/or...-......_.,...._._...... death to persons, and to indemnify and hold SDG&E harmless from any and all liability in any way arising from the proposed grading or construction of improvements. 13.2. SDG&E shall not be responsible in any manner for any maintenance or repair of the proposed grading or improvements. This includes, but is not limited to, drainage and/or erosion problems. 14. Regulations: [Cvwna.docl 3 All applicable laws and regulations of local, state and federal governments and their agencies shall be complied with. 15. Terms and Conditions: The terms and conditions of the document shall benefit and bind Permittee its successors, assigns, agents or contractors. 16. Posting: This permission letter shall be posted on the job site at all times. Should you have any questions or require additional assistance,please call me at(858) 654-1238. San Diego Gas &Electric Company by its Duly Authorized Agent, Sempra Energy John J. Hernandez Senior Land Management Representative ACCEPTED: I hereby have the authority to sign, CITY OF SAN JUAN CAPISTRANO By: George Scarborough Title: CITY MANAGER ... ... _..... _ Date: [CVWD-1.dm] 4 l o2- y Dl � Uw/) 63 MEMORANDUM November 27, 2001 TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director SUBJECT: Item No. B3 - Consideration of Agreements related to the SC04 Terminal Pipeline Project (County of Orange) (Southern California Edison) (San Diego Gas & Electric) (CIP No. 794) Approval of an easement must be done by resolution, however, staff neglected to include the resolution with the staff report. Therefore, the resolution is attached and the original recommendation has been revised to reflect the adoption of the resolution. RECOMMENDATION By motion, 1) adopt a resolution approving an easement agreement with the County of Orange in the amount of $18,100; 2) approve a consent agreement with the County of Orange to the benefit of Southern California Edison; 3) approve a performance and indemnification agreement with the County of Orange; 4) approve a letter of permission for grading from San Diego Gas & Electric; and, authorize the General Manager to execute the documents. Thank you for your consideration. Attachment: Resolution FOR CIN COUNCIL AGENDAS 1 v 101 RESOLUTION NO. CVWD 01-12-04-0 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, ACCEPTING PUBLIC WATER FACILITIES EASEMENT COUNTY OF ORANGE, INTEGRATED WASTE MANAGEMENT DEPARTMENT, FOR THE PRIMA DESHECHA LANDFILL. WHEREAS, On October 2, 2001, the Board approved a right of entry agreement that was an interim measure until the completion of an easement agreement; and, WHEREAS, On October 2, 2001, the Board approved the plans and specifications and released the SC04 Pipeline Construction Project for bidding; and, WHEREAS, in conjunction with the construction of the SC04 Pipeline project, an easement is to be dedicated to the Capistrano Valley Water District; and, WHEREAS, in conjunction with the approval of the Orange County Board of Supervisors, an easement will be granted to Capistrano Valley Water District for valuable consideration; and, NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Capistrano Valley Water District as follows: SECTION 1. Upon approval of the Orange County Board of Supervisors, the required easement is hereby to be accepted from County of Orange, Integrated Waste Management Department. SECTION 2. The Clerk of the Board is hereby authorized to forward the Easement Document to the Orange County Recorder's Office for recordation. PASSED, APPROVED, AND ADOPTED this 4�h day of December 2001. &Alza CHATRMAN ATTEST: AJO M R ARET R. MONAHAN, CLERK OF THE BOARD 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 01-12-04-02 was duly adopted by the Board of Directors of the Capistrano Valley Water District at a regular meeting thereof, held the 4th day of December 2001, by the following vote: AYES: DIRECTORS: Campbell, Hart, Swerdlin, Gelff and Chairman Bathgate NOES DIRECTORS: None ABSENT: DIRECTORS: None *4A -G-ARET R. MONAHAN, Clerk of the Board G Capistrano `Valley' Water `District December 6, 2001 NOTIFICATION OF ACTION BY THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS On December 4, 2001 the Capistrano Valley Water District Board of Directors met regarding: "Consideration of Agreements related to the SC04 Terminal Pipeline Project (County of Orange) (Southern California Edison)( San Diego Gas & Electric) (CIP No. 794)." (Item No. 133) The following action was taken at the meeting: Resolution No. CVWD 01-12-04-02 adopted accepting public water facilities easement County of Orange, Integrated Waste Management Department for the Prima Deshecha Landfill; easement agreement with County of Orange in amount of $18,100 approved; consent agreement with the County of Orange to benefit Southern California Edison approved; performance and indemnification agreement with the County of Orange approved; letter of permission for grading from San Diego Gas & Electric approved; and City Manager authorized to execute documents. The following documents are in the process of being executed: Resolution NO. CVWD 01-12-04-01; easement agreement; consent agreement; performance and indemnification agreement; and letter of permission for grading. If you have any questions regarding this action, please contact Eric P. Bauman, Senior Engineer at 487-4312 for more detailed information. Thank you, Meg Mo an, CMC Clerk th Board (94 443 308 Cc: Richard Acker, County of Orange; John Hernandez, San Diego Gas & Electric; Karen Darney, Southern California Edison; Amy Amirani, Public Works Director; Eric P. Bauman, Senior Engineer P,O. Box %7, San Juan Capistrano, California 92693 '� Phone 714-493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-4933955 G Capistrano Wley 'Vater District 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 4, 2001, in the City Council Chamber in City Hall, to consider "Consideration of Agreements related to the SC04 Terminal Pipeline Project (County of Orange) (Southern California Edison)( San Diego Gas & Electric) (CIP No. 794)" - Item No. B3 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 3, 2001 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 Eric P. Bauman, Senior Engineer. You may contact that staff member at (949) 487-4312 with any questions. Thank you for you, r interest, le on ha(//n/,n`CMC —` City Cle (94 4 -6308 cc: Richard Acker, County of Orange; John Hernandez, San Diego Gas & Electric; Karen Darney, Southern California Edison; Amy Amirani, Public Works Director; Eric P. Bauman, Senior Engineer Received staff report P.O. Box %7, San Juan Capistrano, CaMornia 92693 4- Phone 714-493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-493-3955