1998-0317_ORANGE, COUNTY OF_Right of Entry Agreement2
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Z63-139
Ortega Highway
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RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT is made, fik/ 71998, by and between CAPISTRANO
VALLEY WATER DISTRICT, a public corporation ("GRANTOR"), and COUNTY OF ORANGE
("COUNTY").
RECITALS
A. COUNTY, under permit from the State of California Department of Transportation ("CalTrans"), intends
to widen and improve Ortega Highway and Antonio Parkway in an unincorporated area of Orange County,
California, in accordance with plans entitled "Antonio Parkway Phase IV," hereinafter referred to as
"PROJECT." Ortega Highway is a State Highway designated as SR74.
B. GRANTOR is the owner of the property identified as Parcel Z63-139 on COUNTY records, and
hereinafter referred to as the "Property." COUNTY wishes to acquire from GRANTOR fee interest in said
Property in order to commence construction of said PROJECT. COUNTY also proposes to replace
GRANTOR's access easement across an adjacent parcel
C. COUNTY's process for appraising the value of GRANTOR's Property is not anticipated to be completed
prior to commencement of construction of PROJECT.
D. In order to begin construction of PROJECT prior to COUNTY acquiring the Property, COUNTY desires
to obtain a Right of Entry from GRANTOR.
E. GRANTOR's District Engineer has reviewed and approved the construction plans and special provisions
for the PROJECT as to the effect on GRANTOR's facilities, and GRANTOR is willing to assist COUNTY by
granting COUNTY, and/or its assigns, permission to enter the Property for the purpose of constructing
PROJECT so long as said permission does not jeopardize GRANTOR's rights to compensation under the laws
of the State of California.
NOW THEREFORE, the parties mutually agree as follows:
1. GRANTOR hereby grants COUNTY or its assigns the right to enter upon and take immediate possession
and use of the Property and the 15 -foot wide temporary construction area shown on Exhibit A, for the
purpose of constructing the proposed improvements and to remove therefrom any and all obstacles,
improvements or structures of every kind or nature situated thereon.
2. The permission herein granted is for a period which shall commence upon execution of this Right of Entry
Agreement by COUNTY and shall remain in effect until the fee title to the Property vests in COUNTY or the
State of California.
D9\0ctega\139
12-01-97
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COUNTY shall, within six (6) months from the date of this agreement, complete an appraisal of the fair
2 arket value of the Property to be acquired from GRANTOR.
314. Upon completion of the above mentioned appraisal, COUNTY shall forthwith make GRANTOR an offer
4 or said Property, based on the approved appraisal, and in the event settlement cannot be reached, COUNTY
hall do all things necessary to file an action in eminent domain to pursue the acquisition of the Property, and
5 rine the matter to trial within a reasonable time.
6 IIn addition to granting COUNTY title to the Property, GRANTOR shall also quitclaim to COUNTY its
7 Less easement to SR74 from the westerly side of the Property. COUNTY shall obtain replacement access
for GRANTOR by dedication from the adjacent property owner. COUNTY shall relocate and replace
8GRANTOR's unpaved access driveway to SR74, as well as the paved access ramp, and riprap protection.
9 6. COUNTY agrees to maintain access to GRANTOR's remaining property at all times during construction.
10 n the event any temporary disruption of vehicular access is required, COUNTY's Manager, Construction
ivision will obtain approval from GRANTOR's District Engineer.
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As consideration for this Right of Entry, COUNTY shall pay to GRANTOR legal interest (10% per year)
12 n the settlement, or court award, from the date that COUNTY executes this Right of Entry Agreement to the
13 ate that payment is made available to GRANTOR.
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Section 1245.235 of the Code of Civil Procedures requires the COUNTY to give each person, whose
>erty is to be acquired by eminent domain, notice and a reasonable opportunity to appear at a public hearing
be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure, which provides:
"The power of eminent domain may be exercised to acquire property for a proposed project only if all of
the following are established:
(a) The public interest and necessity require the project.
(b) The project is planned or located in the manner that will be most compatible with the greatest public
good and the least private injury.
(c) The property sought to be acquired is necessary for the project."
granting this Right of Entry to COUNTY, GRANTOR hereby waives GRANTOR's right to appear and be
rd on the matters referred to in Section 1240.030 of the Code of Civil Procedure, as quoted above.
ANTOR agrees that COUNTY can establish the truth of the above -quoted matters, and will not contest the
iption of a resolution of necessity by the Orange County Board of Supervisors, on behalf of COUNTY,
iclusively establishing the matters quoted above. It is understood that the issues which will be determined in
subsequent eminent domain proceeding will be limited to those of just compensation as they relate to the
perty covered by this agreement and no issues will be raised therein or in preliminary proceedings thereto
Ilenging the public use or necessity of the project, or the utilization of the Property covered by this Right of
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9. This Right of Entry is granted with the express condition that COUNTY shall be responsible for any
property damage or bodily injury occurring to or on GRANTOR's Property resulting from any acts of
negligence on the part of COUNTY, its employees, or its invitees connected with PROJECT.
Furthermore, COUNTY shall indemnify and save harmless GRANTOR, or its agents, from and against any and
all claims, demands, losses, or liabilities of any kind or nature which GRANTOR, or its agents, may sustain or
incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to
property as a result of, or arising out of the negligent acts of COUNTY, its officers, agents, employees,
subtenants, invitees, or licensees, in connection with the use of GRANTOR's Property, excepting only liability
arising out of the concurrent active or sole negligence of GRANTOR, or its agents.
10. GRANTOR understands and agrees that COUNTY has the right to transfer COUNTY's rights under this
Right of Entry Agreement to CalTrans or its assigns for purposes of the PROJECT construction.
11. GRANTOR warrants that there are no oral or written leases on all or any portion of said Property, and
GRANTOR agrees to hold COUNTY harmless and reimburse COUNTY for any and all of its losses and
expenses occasioned by reason of any undisclosed lease of said Property held by any tenant of GRANTOR.
10. This Right of Entry is subject to all prior recorded easements and other matters of record affecting said
Property, and COUNTY shall hold GRANTOR and its agents harmless from any expense or liability
occasioned by any claim asserted by the holder of any such superior interest or as a result of the rights granted
herein.
11. All written notices pursuant to this agreement shall be addressed as set forth below or as either party
may hereafter designate by written notice and shall be personally delivered or sent through the United States
mail.
TO: GRANTOR TO: COUNTY
Capistrano Valley Water District County of Orange
32450 Paseo Adelanto PFRD/ Real Property Division
San Juan Capistrano, CA 92674 P. 0. Box 4048
Attn: District Engineer Santa Ana, Ca 92702-4048
12. The following Exhibits are attached hereto and made a part hereof:
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12-01-97
Exhibit A -Location Map
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IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written.
GRANTOR
Capistrano Valley Wate lstrict
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airman
By
APPROVED AS TO FORM:
Laurence M. Watson
County Couns
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By �I /f�
RECOMMENDED FOR APPROVAL
Public Facilities & Resources Department
By�C� —�
Real Property Division
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
DDa Tene J. Bloom d
Clerk of the Board of Supervisors
of Orange County, California
Dg\omega\139
12-01-97
COUNTY
County of Orange
MT BY
RMS Chairman, Board of Supervisors
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Temp. Constr. Esmt.
Parcel Z63-139 —
PROJECT
LOCATION
ORTEGA
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Parcel Area • 4852 sq. feet
ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY LOCATION MAP
RIGHT - OF - WAY ENGINEERING
PROJECT : CVWD PARCEL ACQ. AT ORTEGA HWY. (Z63-139) SCALE 1"=300'
11-24-97/maslarwn/Ggn
County o?Orang►e
Public Facilities & Resources Department
�9��FORT��P John W. Sibley, Director
June 14, 1999
Ms. Dawn Schanderl
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Right of Entry Agreement
Dear Ms. Schanderl:
In response to your June 10, 1999, letter, I have enclosed a copy of the fully executed
Right of Entry Agreement dated March 17, 1998 for the County's construction of
improvements over your property on Ortega Highway.
In April 1998, 1 sent the fully executed document with original signatures to Mr. Robert
Clark (see copy of letter enclosed). I hope this copy will be adequate to meet your
need.
Sincerely,
Donna Garza
Real Property Agent
LOCATION: MAILING ADDRESS: TELEPHONE:
300 N. FLOWER ST P.O. BOX 4048 (714) 834-2300
SANTA ANA, CALIFORNIA SANTA ANA, CA 92702-4048 FAX # 834-5188
County Orange
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Public Facilities &Resources Department
,john W. Sibley, Director
April 20, 1998
Mr. Robert Clark, District Engineer
Capistrano Valley Water District
32450 Paseo Adelanto
San Juan Capistrano, CA 92674
Dear Mr. Clark:
Enclosed is your fully executed copy of the Right of Entry Agreement which allows the
County to begin construction street improvements over a portion of Water District property on
Ortega Highway. Also enclosed for your review and signature on behalf of the District are an
Acquisition Contract and a Grant Deed for the County's acquisition of permanent rights over
the 0.111 acre parcel.
If they are acceptable, please have the deed signed and notarized, and both copies of the
contract signed on behalf of the District and return them to me. A return envelope is enclosed
for your convenience.
If you have any questions regarding the contract, or wish to discuss it further please feel free
to call me at (714) 834-5411. Thank you for your cooperation.
Sincerely,
Donna Garza
Real Property Agent
c: D. Updegraff, PFRD Road Design
LOCATION: MAILING ADDRESS: TELEPHONE:
300 N. FLOWER ST P.O. BOX 4048 (714) 834-2300
SANTA ANA, CALIFORNIA SANTA ANA, CA 927024048 FAX K 834-5188
0
32400 PASEo ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1 171
(949) 493-1053 (FAX)
June 10, 1999
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VVV 1776
Public Facilities & Resources Department
Real Property Division
Attention: Donna Garza
County of Orange
P.O. Box 4048
Santa Ana, California 92702-4048
Re: Right -of -Way Agreement - Antonio Parkway Improvements
Dear Ms. Garza
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
On January 6, 1998, the Capistrano Valley Water District Board of Directors approved the Right -of -
Way Agreement providing for the County to enter and use a portion of the Capistrano Valley Water
District's property near the proposed Ortega Highway and Antonio Parkway intersection prior to
acquisition of the parcel by the County.
Our office does not have a fully -executed copy of the agreement. I would appreciate it if you would
send us a copy in care of the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo
Adelanto, San Juan Capistrano.
Thank you for your assistance.
Very truly yours,
Dawn M. Schanderl
Deputy City Clerk
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San Juan Capistrano: Pre.se r),ing the Past to Enhance the Future
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MEMBERS OF THE CIT' COUNCIL
COLLENE CAMPBELL
JOHN GREINER
VVYATT HART
GILJONES
DAVID M. SWEROLIN
CRY MANAGER
GEORGESCARBOROUGH
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me :It , )uary 6, 1998, the Capistrano Valley Water District Board of
ap Ir::, 'ight-of-Entry Agreement providing for the County to enter and use
n V( 1 . I -ano Valley Water District's property near the proposed Ortega
k" r i *way intersection prior to acquisition of the parcel by the County.
)ie a I ; ament have been signed by the City and are enclosed. Upon
o' t ie I ra Supervisors, please return one fully -executed copy to the Water
i ca u I 1 Juan Capistrano City Clerk's office, 32400 Paseo Adelanto, San
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January 8, 1998
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1776
Public Facilities & Resources Department
Real Property Division
Attention D. Garza
County of Orange
P. O. Box 4048
Santa Ana, California 92702-4048
Re: Right -of -Entry Agreement - Antonio Parkway Improvements
Dear Mr. Garza
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of January 6, 1998, the Capistrano Valley Water District Board of
Directors approved the Right -of -Entry Agreement providing for the County to enter and use
a portion of the Capistrano Valley Water District's property near the proposed Ortega
Highway and Antonio Parkway intersection prior to acquisition of the parcel by the County.
Two copies of the agreement have been signed by the City and are enclosed. Upon
approval of the Board of Supervisors, please return one fully -executed copy to the Water
District in care of the San Juan Capistrano City Clerk's office, 32400 Paseo Adelanto, San
Juan Capistrano, 92675.
Very truly yours,
Cheryl John on
Clerk of the Board/City Clerk
Enclosure
cc: Public Works Director
Bob Clark
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0
0
Selection of Vice Chairman:
It was moved by Director Campbell, seconded by Director Hart, that David Swerdlin be
ominated for the office of Vice Chairman. There being no further nominations, it was moved
Director Campbell, seconded by Director Hart, and unanimously carried, to select
Da d M. Swerdlin as Vice Chairman of the Capistrano Valley Water District for a one-year
term.
It was moved by Dire or Hart, seconded by Director Greiner, that the staff recommendations be
accepted for the followingms listed on the Consent Calendar. The motion carried by the following
vote:
2.
3.
AYES: Dirdctors Swerdlin, Greiner, Hart, Campbell and Chairman Jones
NOES: None
ABSENT: None
The Minutes of the Regular Meeting of November
Meeting of December 2, 1997 were approved as su
"MUMI&Iwffel• • • .11 1
1997 and the Minutes of the Special
As set forth in the Report dated January 6, 1998 from the Publicrks Director, the
Amendment to the Agreement for Engineering Services with ASL Consultt Engineers for
the relocation of the Eastern Transmission Main at Oso Creek in an amount t to exceed
$5,500 was approved; and the appropriation of $5,500.00 from the Water place nt
ReFund
reserves was authorized.
• D • • •SWEIM, I i I i'lI :_► • •
As set forth in the Report dated January 6, 1998 from the Public Works Director, the Right -
of -Entry Agreement with the County of Orange, allowing the County to encroach into a
portion of the District -owned SC04 Flow Control Facility to begin construction work on the
Antonio Parkway/Ortega Highway intersection prior to the completion of the fee acquisition
of the 0.1 i 1 -acre impacted portion of the District's property, was approved.
CVWD Minutes -2- 1/6/98
AGENDA ITEM January 6, 1998
TO: George Scarborough, General Manager
FROM: Amy Amirani, Public Works Director
SUBJECT: Consideration of Right of Entry Agreement - Antonio Parkway Improvements
(County of Orange)
RECOMMENDATION
By motion, approve the Right of Entry Agreement with the County of Orange at the SC04 Flow
Control Facility parcel.
SITUATION
The County improvements at Antonio Parkway and Ortega Highway encroach into a small
portion of the District -owned parcel for the SC04 Flow Control Facility. The County intends to
acquire this 0.111 acre impacted portion of the District's property adjacent to the intersection
right of way. Enclosed for your consideration and approval is a Right of Entry Agreement that
would allow the County to begin construction work on this site prior to the completion of the fee
acquisition of the parcel. This Agreement has been reviewed and approved by legal counsel.
The County's improvements include relocation or protection of impacted District pipeline
appurtenances. The District's ability to utilize this facility will not be impaired by the County's
work.
NOTIFICATION
County of Orange
Public Facilities & Resources Department
P.O. Box 4048
Santa Ana, CA 92702-4048
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
None.
FINANCIAL CONSIDERATIONS
Compensation for the County acquisition of the parcel in fee will be based on an appraisal
prepared by the County. The proposed compensation will be presented with the County's
acquisition proposal.
CVWD
FOR CITY 6:O:ti;�vii_ AC_...�
AGENDA ITEM January 6, 1998
Antonio Parkway Right of Entry Agreement
ALTERNATE ACTION
1. Approve the Right of Entry Agreement with the County of Orange at the SC04 Flow Control
Facility parcel.
2. Deny the proposed action.
3. Request additional information from staff.
RECOMMENDATION
By motion, approve the Right of Entry Agreement with the County of Orange at the SC04 Flow
Control Facility parcel.
Respectfully submitted,
"UA
Amy Amirani
Public Works Director
Attachment: Right of Entry Agreement
p: engtagncy\countytantpkwyb\roeagrag. doc
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Temp. Constr. Esmt.
Parcel Z64-149 —
PROJECT
LOCATION
ORTEGA
Parcel Area = 4852 sq. feet
ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY LOCATION MAP
RIGHT - OF - WAY ENGINEERING
PROJECT : CVWD PARCEL ACO. AT ORTEGA HWY. (Z63-139) SCALE : 1"=300'
11-2497/mos/ortwnlGgn