1997-0701_SAN JUAN BASIN AUTHORITY_Agr for Transf. of Reach 1 SJBA Bypass Pipe0 0
AGREEMENT FOR TRANSFER OF REACH 1 OF
SAN JUAN BASIN AUTHORITY BYPASS PIPELINE
THIS AGREEMENT is effective as of July I, 1997, by and between the following
parties:
(a) SAN JUAN BASIN AUTHORITY ("SJBA"), a joint powers authority
established pursuant to the joint exercise of powers agreement dated November 22, 1971, entitled
"Joint Exercise of Powers Agreement Creating the San Juan Basin Authority - Orange County,
California" on behalf of its Project Committee No. 2 (as hereinafter defined);
(b) CAPISTRANO VALLEY WATER DISTRICT ("CVWD");
(c) SANTA MARGARITA WATER DISTRICT ("SMWD");
(d) MOULTON NIGUEL WATER DISTRICT ("MNWD"); and
(e) MISSION VIEJO COMPANY ("MVC").
CV WD, SMWD and MNWD are executing this Agreement both in their respective
capacities as SJBA member agencies (and, in the case of CV WD and SMWD, as Project
Committee No. 2 members) and in their respective capacities as public entities separate and apart
from SJBA. SJBA, CVWD, SMWD, MNWD and MVC are sometimes referred to in this
Agreement individually as "party", or collectively as "parties".
RECITALS
A. SJBA, on behalf of its Project Committee No. 2, owns and operates a pipeline
known as the "San Juan Basin Bypass Pipeline" (defined herein as the "Bypass Pipeline").
CV WD and SMWD are the SJBA member agencies of Project Committee No. 2. The Bypass
Pipeline consists of Reaches 1A, 1B and 1C (together, "Reach 1" herein), as well as Reaches 2
and 3. Reach 1 consists of that portion of the Bypass Pipeline from MNWD's 3A Treatment
Plan to the point of connection to SMWD's Chiquita Land Outfall. Reach 1B was relocated in
1990 and all references to Reach 1 B in this agreement refer to the new alignment. The Bypass
Pipeline, inclusive of Reaches 1, 2 and 3, as well as all facilities connected thereto are depicted in
Exhibit A hereto. Although the actual current gravity flow capacity of the Bypass Pipeline and of
Reach 1 is unknown, the parties believe it to be at least in excess of approximately eight million
gallons per day ("mgd"). CV WD and SMWD each own fifty percent (50%) of such capacity in
the Bypass Pipeline.
B. Pursuant to the Joint Use Agreement (as hereinafter defined), MNWD currently
leases 2 mgd of gravity flow capacity in Reach 1 of the Bypass Pipeline to transport secondary
effluent from its 3A Treatment Plant as further explained in Recital C below. Upon operation of
the 3A Plant at full capacity, MNWD expects to generate approximately four mgd of effluent
flow from the 3A Plant for disposal through Reach 1 of the Bypass Pipeline. As a member of
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Project Committee No. 2 of SJBA, SMWD owns fifty -percent (50%) of the gravity flow capacity
in Reach 1 of the Bypass Pipeline, although SMWD does not currently use any such capacity.
SMWD has in the past used approximately 4 mgd of flow capacity in Reaches 2 and 3 of the
Bypass Pipeline to convey effluent from SMWD's Oso Creek Treatment Plant and 2 mgd of flow
capacity from its Oso Creek Barrier Project pursuant to the Lake Mission Viejo Agreement (as
hereinafter defined).
C. SMWD purchased 1-1/2 mgd of solids and liquids treatment capacity in the 3A
Plant from MNWD pursuant to the 3A Plant Agreement (as hereinafter defined). Section 3 of
the 3A Plant Agreement provides that SMWD will pay for the costs of any improvements
constructed or installed or any repairs made to Reach 1 of the Bypass Pipeline subsequent to the
completion of the 3A Plant to facilitate the disposal of effluent from the 3A Plant in proportion to
the amount of treatment capacity in the 3A Plant owned by SMWD.
D. As the other member of SJBA Project Committee No. 2, CVWD owns fifty -
percent (50%) of the gravity flow capacity in Reach 1 of the Bypass Pipeline. CVWD has never
conveyed effluent through the Bypass Pipeline, nor does it anticipate any such conveyance in the
near future as a result of the City of San Juan Capistrano postponing (at this time) plans for
constructing a water reclamation facility.
E. In 1991, MNWD expended $2,414,393 of Capital Costs (as hereinafter defined)
for the reconstruction, relocation and improvement of Reach 1B of the Bypass Pipeline for the
purpose of facilitating the conveyance of effluent through the Bypass Pipeline from MNWD's 3A
Treatment Plant and protecting the integrity of said reach with respect to certain geotechnical
concerns. The Purchase Price (as hereinafter defined) does not include any consideration for
Reach 1B due to MNWD's prior expenditure of the Capital Costs.
F. SJBA previously expended the sum of $191,131 for operation and maintenance
costs related to MNWD's effluent discharge to Reach 1 of the Bypass Pipeline during the period
from August 18, 1987 to and including the date hereof. Under the terms of the Joint Use
Agreement, CVWD, SMWD and MNWD agree to reimburse SJBA their respective shares of the
operation and maintenance costs of the Bypass Line in accordance with their pro rata effluent
discharge to the Bypass Pipeline. As stated in Recital D above, CV WD has never conveyed
effluent through Reach 1 and has no present operation and maintenance funding obligation.
G. The Bypass Pipeline was connected to the Dana Point Outfall (as hereinafter
defined) by way of the Clean Water Connector. The Dana Point Outfall is leased by CVWD
from the Dana Point Sanitary District and the City of San Juan Capistrano ("City") pursuant to a
55 year lease under the DPO Lease -Purchase Agreement (as hereinafter defined). The Bypass
Pipeline - DPO Agreement and the Joint Use Agreement together provide the basis for SJBA's
payment to CVWD of $8,000 per year for SJBA's use of the Dana Point Outfall and the
reimbursement by MNWD and SMWD of a portion of such payment amount to SJBA based on
both Districts' anticipated annual flows. As a result of the Reach 1 connection to the SMWD
Chiquita Land Outfall, MNWD does not require the use of the Dana Point Outfall for disposal
purposes. Reach 1 of the Bypass Pipeline is connected to SMWD's Chiquita Land Outfall,
which in tum is connected to the South East Regional Reclamation Authority's Ocean Outfall.
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MNWD has capacity rights of 4 mgd in the Chiquita Land Outfall for disposal of Reach 1
effluent under the terms of the Chiquita Land Outfall Agreement (as hereinafter defined).
H. The parties hereto desire to enter into this Agreement to provide for the terms,
conditions, rights and obligations for the transfer of joint title to Reach 1 of the Bypass Pipeline
to MNWD and SMWD resulting in equivalent capacity interests to each. Upon execution of this
Agreement and conveyance of Reach 1 of the Bypass Pipeline to MNWD and SMWD, SJBA and
its Project Committee No. 2, CVWD and MVC shall have no further rights or obligations with
respect to Reach I of the Bypass Pipeline and the Joint Use Agreement shall be rescinded except
as specifically set forth herein.
In consideration of the facts set forth above and the mutual terms, covenants and
conditions herein contained, the parties do hereby agree as follows:
AGREEMENT
Section 1. Definitions. Unless the context otherwise requires, the following
definition shall control:
(a) "Bypass Pipeline" means the San Juan Basin Bypass Pipeline
owned by SJBA on behalf of its Project Committee No. 2, inclusive of Reaches 1
(consisting of Reaches IA, 1 B, and 1 C), 2 and 3, as depicted on Exhibit A.
(b) "Bypass Pipeline - DPO Agreement" means that certain agreement entitled
"Brine Line and Ocean Outfall Agreement" dated August 18, 1981, by and between SJBA
and CV WD's predecessor -in -interest, Orange County Waterworks District No. 4.
(c) "Capital Costs" means those certain capital improvements costs in the
amount of $2,414,313 expended by MNWD during 1991 for the reconstruction,
relocation and improvement of Reach 1 B of the Bypass Pipeline.
(d) "Dana Point Outfall" means that certain wastewater outfall pipeline
located in Dana Point, California, owned by the City of San Juan Capistrano (SJC) and
Dana Point Sanitary District (DPSD), and leased to CV WD pursuant to the DPO Lease
Purchase Agreement.
5. "Chiquita Land Outfall Agreement" means that certain agreement entitled
"Agreement Relative to the Construction, Operation and Maintenance of a Portion of the
Chiquita Land Outfall" by and between SMWD and MNWD dated March 18, 1985.
6. "DPO Lease -Purchase Agreement" means that certain agreement entitled
"Agreement For Sale and Lease of Ocean Outfall Line" dated August 13, 1981, by and
among SJC, DPSD and CVWD's predecessor -in -interest, Orange County Waterworks
District No. 4.
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7. "Lake Mission Viejo Agreement" means that certain agreement entitled
"Lake Mission Viejo Facilities and Operations Agreement" dated June 24, 1977 by and
among SJBA, SMWD and MVC, and attached hereto as Exhibit B.
8. "Joint Use Agreement" means that certain agreement entered into by the
parties hereto entitled "Agreement on Joint Use of San Juan Basin Bypass Pipeline",
dated August 18, 1987.
9. "Project Committee No. 2" means the SJBA project committee formed by
SJBA member agencies CVWD and SMWD for the purpose of owning, operating and
maintaining the Bypass Pipeline.
10. "Purchase Price" means $521,143.00 to be paid by MNWD to CVWD in
exchange for MNWD's joint ownership (with SMWD) of Reach 1 of the Bypass Pipeline
and MNWD's fifty -percent (50%) capacity interest therein, as such price is computed in
accordance with the formula set forth in Exhibit C.
11. "3A Plant Agreement" means that certain agreement entitled "Agreement
for the (1) Sale of Wastewater Treatment Capacity in the Moulton Niguel Water District
3A Plant to Santa Margarita Water District; and (2) Sale of Capacity in the Santa
Margarita Water District's Upper Oso Reservoir and Related Facilities to Moulton Niguel
Water District", dated April 17, 1989 by and between SMWD and MNWD.
Section 2. Transfer of the Bypass Pipeline Facility. Capacity Riightc. SJBA, for itself
and on behalf of its Project Committee No. 2, conveys and transfers to MNWD and SMWD as
joint tenants all of its right, title and interest in Reach 1 of the Bypass Pipeline, including the
easements and rights-of-way necessary therefore as set forth in summary form in Exhibit D
hereto. The SJBA interest being conveyed to MNWD and SMWD is title to the Bypass Pipeline
facility and all associated rights-of-way, exclusive of capacity rights therein. Simultaneously
with SJBA's conveyance of title to the Bypass Pipeline facility and associated rights-of-way,
CVWD hereby conveys CVWD's fifty -percent (50%) capacity right therein to MNWD.
Concurrently with execution of this Agreement, SJBA shall execute the quitclaim deeds and
assignments ofrailroad licenses and other rights-of-way, as well as the bill of sale, on the forms
attached hereto as Exhibits E-1 through E-3. SJBA, CVWD, SMWD and MVC acknowledge
and agree that Section 4 of the Lake Mission Viejo Agreement, which terms are attached as
Exhibit D hereto, setting forth priority uses of the Bypass Pipeline is not applicable to, nor a
limitation on, Reach 1, and that such terms are null and void as to the conveyance hereof to
MNWD and SMWD.
Section 3. Consideration. In consideration of the transfer and conveyance of a fifty -
percent (50%) joint ownership of Reach 1 of the Bypass Pipeline and associated rights-of-way to
MNWD, and of CV WD's capacity rights therein, MNWD agrees to pay SJBA (on behalf of
CVWD) the Purchase Price of $521,143 which is, generally, based on one-half the audited,
depreciated value of Reaches 1 A and 1 C of the Bypass Pipeline as of the date of this Agreement.
(See Exhibit C - The formula set forth in Exhibit C incorporates the audited, depreciated value
delineated in the report dated January 31, 1996, prepared by CGvL (the "CGvL Report".)
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Additionally, MNWD will pay the amount of $95,565.50 to CVWD and $95,565.50 to SMWD
for reimbursement of the operation and maintenance amounts owed to SJBA by MNWD and
related to MNWD's use of Reach 1 under the Joint Use Agreement. As a current member of
SJBA's Project Committee No. 2 and joint beneficial owner of the Bypass Pipeline facility with a
fifty -percent (501/6) capacity interest in the Bypass Pipeline, SMWD will pay no monetary
compensation to SJBA for the transfer of joint title thereto; provided, SMWD has agreed to the
waiver of any priority rights in Reach 1 of the Bypass Pipeline it may otherwise have under the
Lake Mission Viejo Agreement.
Section 4. Termination of the Joint Use Agreement. The parties hereby terminate the
Joint Use Agreement except as otherwise specifically provided by the terms of Section 5 below.
Specifically, but not by way of limitation, SJBA itself and on behalf of its Project Committee No.
2, and CVWD each relinquish any capacity rights in or rights to use Reach 1 of the Bypass
Pipeline effective the date of this Agreement. The parties further agree MNWD shall be
unconditionally released from its obligation, if any, to reimburse SJBA any amounts in
connection with MNWD's use of SJBA's leasehold interest in the Dana Point Outfall under the
Joint Use Agreement.
Section 5. Continuing Obligations under Joint Use Agreement. The following rights,
duties and obligations, and only those rights, duties and obligations, under the Joint Use
Agreement shall remain in full force and effect:
(a) Pre -Existing Liabilities. Except as otherwise expressly set forth in this
Agreement, any and all liabilities, costs, judgments, attorneys fees and obligations that
may occur as a result of or in connection with actions, events, occurrences, claims or
causes of actions related to, arising out of, or in connection with, the Bypass Pipeline
occurring prior to the effective date of this Agreement, whether known or unknown,
including but not limited to those actions, events, occurrences, claims or causes of action
in connection with Oso Ranch Company vs. County of Orange. et al., Orange County
Superior Court Case No. 731-023 (or any successor or related action, proceeding, claim
or cause of action thereto), shall be paid by the responsible parties hereto in accordance
with the terms of the Joint Use Agreement, or as otherwise provided in relevant
agreements, or by law. MNWD does not assume any additional costs, responsibilities,
liabilities or attorneys' fees, nor does it waive any rights or claims it may have against the
other parties hereto, arising out of any such actions, events, occurrences, claims, or causes
of action as a result of the conveyance of Reach 1 of the Bypass Pipeline and capacity
rights therein, except as MNWD specifically agrees to herein.
(b) Well Production by CVWD. MNWD and SMWD agree that CVWD's use
of the Oso-Trabuco and San Juan Creeks for potable water production is a prior and
higher use than conveying effluent to the ocean through the Bypass Pipeline. If a break or
malfunction in Reach 1 of the Bypass Pipeline occurs, and if CVWD is required by
competent authority to cease well production at any of its well sites or those of SJBA
under lease to CVWD as a result of effluent being released from Reach 1 of the Bypass
Pipeline into the creeks or upon the ground, MNWD and SMWD agree to the following,
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subject to a reduction in the amount of costs or water owing CVWD in proportion to the
effluent flows being contributed by CVWD, if any, to the Bypass Pipeline:
(1) MNWD and SMWD shall pay CVWD the difference between the
total cost per acre-foot of Metropolitan Water District of Southern California
("MWD") water conveyed to CVWD and the actual cost per acre-foot of CVWD
well production, for the total production lost as a result of the Reach I break or
malfunction.
(2) If CVWD is unable to provide enough water for the requirements
of its users because of the Reach 1 break or malfunction, MNWD and SMWD
shall use their best efforts to provide potable water directly to CVWD from their
respective capacities in MWD facilities.
(3) All actual and reasonable costs borne by CV WD in resuming
normal well production as a result of the Reach 1 break or malfunction shall be
reimbursed by MNWD and SMWD.
Section 6. Other Rights and Claims. Notwithstanding the foregoing, this Agreement
does not abrogate any rights that SMWD may have in any other reaches (other than Reach 1) of
the Bypass Pipeline as set forth in, and subject to all the terms and conditions of, the Lake
Mission Viejo Agreement. The parties further agree as follows: MNWD relinquishes any claim
MNWD may have against SJBA and CVWD for the reimbursement of the Capital Costs;
provided, the foregoing relinquishment of claim by MNWD does not include any claim MNWD
may have against SMWD for the reimbursement of Capital Costs.
Section 7. Capital Costs Apportionment. SMWD agrees that MNWD's obligation to
pay the Purchase Price does not reflect the corresponding obligation of SMWD to fund a portion
of the Capital Costs as an owner of capacity in the 3A Plant set forth in the 3A Plant Agreement.
SMWD's payment of its share of a portion of the Capital Costs will be set forth in an amendment
to the 3A Plant Agreement. Subsequent to the execution of this Agreement and within a
reasonable time after transfer of Reach 1 to MNWD and SMWD by SJBA, SMWD and MNWD
will enter into such amendment in order to set forth the rights and obligations of MNWD and
SMWD with respect to SMWD's share of the Capital Costs and with respect to the operation and
maintenance of Reach 1 of the Bypass Pipeline. SMWD and MNWD agree to expedite the
negotiation and execution of such agreement.
Section 8. Completion of Transfer. Within thirty (30) days of MNWD's and
SMWD's receipt (and recordation, if applicable) of all documents necessary to transfer or assign
the Reach 1 right-of-way from SJBA to both Districts, MNWD shall transmit the Purchase Price
by cashier's check or money order, payable to CVWD or to SJBA at CVWD's option, and
concurrently SJBA shall execute a bill of sale in substantially the form attached hereto as Exhibit
E.
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Ski 2. Available Surplus CapacitX.
(a) CVWD may notify MNWD and SMWD in the event it is interested in
using or purchasing any "Available Surplus Capacity" as defined herein. "Available
Surplus Capacity" shall be defined as the larger of (1) the gravity flow capacity of Reach
I of the Bypass Pipeline, currently approximately 8 mgd, qt (2) the rated flow capacity of
Reach 1 at the time of CV WD's request, minus the total of the simultaneously occurring
projected discharges to Reach 1 of the Bypass Pipeline. "Projected discharges" into
Reach 1 of the Bypass Pipeline are the estimated maximum monthly discharge from the
3A Plant and/or other applicable MNWD and/or SMWD sources.
(b) Upon receipt of CVWD's request for the use or purchase of Available
Surplus Capacity, MNWD shall cause an Engineer's Report to be prepared for the
purpose of assessing the Available Surplus Capacity for the ensuing three fiscal years.
The Engineer's Report will include findings on the following: (1) the Available Surplus
Capacity for each of the ensuing three fiscal years; (2) the amount and date of any
projected capacity deficiency; and (3) the volumes, rate and qualities of all discharges
into Reach 1 of the Bypass Pipeline during previous and current fiscal years. CVWD
agrees it shall pay for all costs of the Engineer's Report by deposit at the time MNWD
initiates a work order for the report. MNWD shall notify CV WD of the amount of
Available Surplus Capacity for the ensuing three fiscal years upon completion of the
Engineer's Report and provide the report to CVWD and SMWD. To the extent there is
Available Surplus Capacity not otherwise needed to accommodate future discharges from
the 3A Plant and other MNWD and SMWD sources, CVWD may either use such
capacity on an interim basis at a price and on terms to be agreed upon among MNWD,
SMWD and CVWD; or, with MNWD's and SMWD's consent, CVWD may purchase
such capacity at a price to be based on the audited, depreciated value set forth in the
CGvL Report of the respective reach or reaches in which CV WD will purchase capacity,
subject to any additional adjustments for depreciation.
Section 10. Future Transfer of Reach 1 Interests. MNWD and SMWD agree that
neither one shall convey all or a portion of any interest either has in Reach 1, including capacity
interests, to any agency, person or entity without the other's written prior consent, which consent
shall not be unreasonably withheld.
Section 11. Mission Viejo Coml2my Consent. The Mission Viejo Company consents
to the terms and conditions set forth in this Agreement notwithstanding any term and condition in
the Lake Mission Viejo Agreement.
Section 12. Term. This Agreement will continue in effect in perpetuity, unless
otherwise amended by the parties hereto.
Section General. The parties each agree to execute any additional documents or
take any further action which reasonably may be required in order to complete the transfer of
Reach 1 or otherwise fulfill the intent of this Agreement.
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Section Attorneys' Fees. If any party commences a court action or proceeding
against any other party with respect to this Agreement, the enforcement hereof, damages for the
breach hereof, or a declaration of the respective rights and duties of the parties, the prevailing
party in such action or proceeding shall be entitled, in addition to court costs and reasonable
disbursements, to an award to be paid by the losing parry for attorneys' fees in an amount
determined by the court to be reasonable.
Section 15. Successors/Assigns. The provisions of this Agreement shall inure to the
benefit of and be binding upon the parties and their successors and assigns.
Section 16. Notices. All notices, demands and requests which may be or are required
to be given or made by any party to the other party shall be in writing. All notices, demands and
request by the parties shall be sent by United States registered mail, postage prepaid, addressed as
follows:
SAN JUAN BASIN AUTHORITY
30290 Rancho Viejo Road
San Juan Capistrano, CA 92675
Attention: General Manager
CAPISTRANO VALLEY WATER DISTRICT
Post Office Box 967
San Juan Capistrano, CA 92693
Attention: General Manager
SANTA MARGARITA WATER DISTRICT
Post Office Box 2279
Mission Viejo, CA 92690
Attention: General Manager
MOULTON NIGUEL WATER DISTRICT
Post Office Box 30203
Laguna Niguel, CA 95677
Attention: General Manager
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i
MISSION VIEJO COMPANY
26137 La Paz Road
Mission Viejo, CA 92691
Attention: Senior Vice President
Section 17. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of California.
Section 18. Ca ins. Captions to sections of this Agreement are for convenience
purposes only and are not part of this Agreement.
Section 19. Severability. If any portion of this Agreement is declared by a court of
competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from
this Agreement and the remaining parts shall remain in full effect as though such invalid or
unenforceable provision had not been a part of this Agreement.
Section 20. Entire Agreement. Except as otherwise specifically set forth herein, this
Agreement contains the entire agreement between the parties with respect to the matters provided
herein. The exhibits are incorporated herein as though fully set forth.
Section 21. Recitals. The Recitals are true and correct and incorporated in this
Agreement as though fully set forth herein.
Section 22. Amendments. This Agreement may be amended or modified only in
writing signed by all of the parties.
Section 23. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first hereinabove written.
SAN JUAN BASIN AUTHORITY ON BEHALF
OF PROJECT COMMITTEE NO. 2
Chairman
Secretary
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APPROVED AS TO FORM:
STRADLING, YOCCA, CARLSON & RAUTH
General Counsel - San Juan Basin Authority
By
Fritz R. adling
CAPISTRANO VALLEY WATER DISTRICT
President
Secretary
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART
General Counsel - Capistrano Valley Water District
m
John R. Shaw
SANTA MARGARITA WATER DISTRICT
President
Secretary
MOULTON NIGUEL WATER DISTRICT
President
Secretary
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0 0
APPROVED AS TO FORM:
STRADLING, YOCCA, CARLSON & RAUTH
General Counsel - San Juan Basin Authority
0
Fritz R. Stradling
CAPISTRANP�VAL,Y WATER DISTRICT
Chairm
Clerk of the Board
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART
General Co sel - Ca istrano Valley Water District
By
hn R. Shaw
SANTA MARGARITA WATER DISTRICT
President
Secretary
MOULTON NIGUEL WATER DISTRICT
President
Secretary
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0 9
APPROVED AS TO FORM:
STRADLING, YOCCA, CARLSON & RAUTH
General Counsel - San Juan Basin Authority
Fritz R. Stradling
CAPISTRANO VALLEY WATER DISTRICT
President
Secretary
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART
General Counsel - Capistrano Valley Water District
John R. Shaw
SANTA MARGARITA WATER DISTRICT
jp
President
Secre
MOULTON NIGUEL WATER DISTRICT
President
Secretary
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APPROVED AS TO FORM:
STRADLING, YOCCA, CARLSON & RAUTH
General Counsel - San Juan Basin Authority
Fritz R. Stradling
CAPISTRANO VALLEY WATER DISTRICT
President
Secretary
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART
General Counsel - Capistrano Valley Water District
C
John R. Shaw
SANTA MARGARITA WATER DISTRICT
President
Secretary
MOULTON NIGUEL WATER
/ ff
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APPROVED AS TO FORM:
BOWIE, ARNESON, KADI,
WILES & GIANNONE
General
a
- Moulton Niguel Water District
C
Senior Vice President
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EXHIBIT B
LAKE MISSION VIEJO
FACILITIES AND OPERATION AGREEMENT
THIS AGREEMENT, made and entered into as of the 24th
day of June, 1977, by and between the SAN JUAN BASIN AUTHORITY,
a Joint Exercise of Powers Authority, organized and existing _
pursuant to Chapter 5, Division 7, commencing at Section 6500
of the Government Code .of the State of California (hereinafter
referred to as "Authority"); MISSION VIEJO COMPANY, a California
corporation, (hereinafter referred to as "Company"); and the
SANTA MARGARITA WATER DISTRICT, a California Water District,
organized and existing under Division 13 of the Water Code of
the State of California, (hereinafter referred to as "District").
R E C I T A L S:
1. The Department of Water Resources completed a study of
the lower San Juan Basin (herein "Basin"), as delineated on
Exhibit "A", attached hereto and by this reference made a part
hereof, as a potential source of water for domestic purposes
(DWR Bulletin 104-7). This study concluded, in part, that the
quality of water in the Basin can be improved if approximately
8,000 acre feet of lower quality water is"withdrawn therefrom
each year for a period of five (5) years to enable higher
quality water from San Juan Creek to replenish the Basin. The
study also suggested that non -storm waters from Oso and Horno
Creeks be divered from the Basin. The California Regional
Exhibit B
-1-
•
Water Qualit_, Control Board's concern for protection of the
lower San Juan Creek Basin was exemplified by its initial
1.0 million gallon per day (mgd), phase of a regional waste-
water reclamation program for District. Included in the
conditions of approval, is the requirement that all non -
storm surface and subsurface flows in Oso Creek be contained
downstream of the reclamation area. In addition, District
has authorized a study supplementing its initial waste water
reclamation program which in part will determine the best
method of further reducing nonstorm surface and subsurface
flows in Oso Creek downstream of the District's boundaries.
This action will not only prevent degradation from any
future flows in the creek, but will eliminate an existing
source of lower quality water inflow into the San Juan Creek
Basin.
2. Authority was organized by District, Capistrano
Beach Countv water District and Orange County water Works
District No. 4 for the primary purpose of improving the
quality of water in the Basin in conformity with said study.
The removal of a certain quantity of water from this Basin
and the construction of the facilities as provided in this
Agreement are useful and necessary to Authority to accomplish
said purpose.
3. Company has constructed within District, Lake
Mission Viejo (herein "the Lake") and Company has commenced
filling the Lake with imported water supplied by District.
-2-
0
4. Company has obtained the approval of the State
—` Water Resources Control Board to complete the filling of the
Lake by pumping water from a well field located in the Basin
and transporting that water to District.
S. Authority, District, and Company have determined
that the objectives of the parties will be furthered if
Authority provides the lower quality Basin water to District.
6. This Agreement sets forth the rights and obliga-
tions of the parties necessary to implement the project at
the most economical cost and provides for the protection of
the rights of other parties that may be affected by the
project.
NOW, THEREFORE, in consideration of the foregoing, and
the mutual terms, covenants and conditions herein contained,
the parties do hereby agree as follows:
1. Obliaations of Co=anv.
(a) Construction of the Facilities. Company
agrees to construct the facilities necessary to extract and
convey water from the Basin to the Lake (herein the "Facilities"),
including the following:
(1) The drilling and equipping of approxi-
mately eight wells, the sites of which are generally
shown on Exhibit "A", attached hereto and by this
reference incorporated herein. The engineering details
thereof will be more particularly described in plans
-3-
and specifications to be prepared by Jack G. Raub
Company, and to be filed in -the office of Authority.
(2) The repair and equipping of two existing
wells owned by Kinoshita Farms and Charles Vermeulen,
or, in addition to or as a substitution therefor, Company
may drill and equip a new well for either or both of
said parties (herein said wells as rehabilitated or
constructed are sometimes referred to as the "Kinoshita
and Vermeulen Wells"). The location of said wells
are shown on Exhibit "A".
(3) The construction of water transmission
pipelines interconnecting each of the above mentioned
wells and then running from said well field to the
Galivan Pumping Station as shown on Exhibit "A"; said
pipelines will be more particularly described in plans
and specifications to be prepared by Jack G. Raub Company
and to be filed in the office of Authority.
(4) The Galivan and La Paz Road Pump Stations
and appurtenant works to be located as shown on Exhibit
"A" and will be more particularly described in plans
and specifications to be prepared by Jack G. Raub Company,
and to be filed in the office of Authority and District.
(5) Take-out connections on the water trans-
mission pipelines as shown on Exhibit "A" and such
other valves and equipment necessary for any of the
foregoirq.
-4-
0
Authority and District shall approve the
— plans and specifications hereinbefore mentioned prior
to the commencement of construction.
(b) Easements, Permits, and Real Property.
Company agrees to acquire in the name of Authority all
easements, permits and real property necessary for the
construction of the Facilities, provided, however, if Company
is unable to acquire any easement, permit or parcel of real
property, authority agrees to acquire such permit or legal
interest in real property by agreement or by eminent domain
proceedings in the manner specified under the laws of the
state of California, and to permit Company to enter such
rights of way or parcels of real property for the purpose of
constructing the Facilities.
(c) Contracts for the Construction of the Facilities.
Company agrees to provide for the construction of the
Facilities pursuant to contract to be entered into by Company.
Company shall commence construction of the Facilities when
it finds it to be in its best interests to do so. Prior to
entering upon the lands of Kinoshita Farms and Charles Vermeulen,
Company shall give said parties forty-eight (48) hours prior
notice of its intent to commence reconstruction of their
existing wells or the drilling of new well(s) on their property,
and shall cooperate with said owners from time to time in the
operation of the wells.
(d) Title to the Facilities. Title to that portion
of the Facilities constructed in the Basin and from the
-5-
0 a
Basin to the interconnectidn with the Galivan Pump Station,
including easements, permits, and real property (herein
"Authority Facilities"), shall be conveyed to Authority on
the thirty-sixth (36th) day following the recording of the
final notice of completion with the County of Orange. Title
to the Galivan Pump Station and that portion of the Facilities
constructed from the Galivan Pump Station to the Lake (herein
"District Facilities") shall be conveyed to District on the
thirty-sixth (36th) day following the recording of the final
notice of completion with the County of Orange.
Such transfers shall be by deeds and bills of sale
deemed appropriate by Authority's and District's Legal Counsel.
If such easements, permits, and real property were obtai.,zed
by Authority, District will receive such interests from Authority
concurrently with the transfer of the District Facilities.
Company shall not receive any compensation for the
Facilities constructed and transferred to Authority and District.
(e) maintenance and Operation Expenses. From the
date of this agreement to the date the Lake is full, i.e.,
when the water level of the Lake reaches an elevation of 700
feet, Orange County Datum, Company agrees to pay to Authority
and District, respectively, all costs and expenses of
maintaining and operating the Authority Facilities and the
Kinoshita and Vermeulen wells and all costs of maintaining
and operating the District Facilities. For the purpose of
this agreement, maintenance and operation expenses includes
'Z'�
4
all energy costs to puma and convey the water to Kinoshita
Farms, Charles Vermeulen and to the Lake, all repairs and
replacements of the Facilities as well as all labor, legal,
engineering and administrative costs directly attributable
to the operation of the Facilities during the period that
the Lake is being filled, however, excluding any amount that
Authority and District may enter as a bookkeeping item for
depreciation or obsolescence and any amount for Basin water
conveyed to Companv, and including all other legal, engineer-
ing, and administrative costs incurred by Authority and
District from the date of this Agreement in connection with
the Lake filling project. Said costs shall be paid monthly
not more than ten (10) days after Authority and District have
billed therefor.
After the Lake is filled, Company shall cease
being liable for any maintenance and operation expenses of
the Facilities, except as such expenses are met through
water sales, assessments and charges which District may levy
within Improvement District No. 1-W, however, Company shall
continue to be liable for the reimbursements as provided in
Section 1(f) hereof. After the Lake is filled, authority
and District shall be liable for maintenance, operation and
repair of their respective facilities.
(f) Reimbursements by Company. Company agrees to
reimburse to Authority all expenses paid by Authority pursuant
to agreements entered into with Kinoshita Farms, Charles
-7-
Vermeulen, the Agricultural Users and Orange County water
Works District No. 4 as provided -in Section 2, Subdivisions
(c) and (g). Said expenses shall be paid to Authority
monthly not more than ten (10) days after Authority's bill-
ing date.
(g) Funding of Study. Company agrees to fund a
study to be commissioned by Authority to evaluate the data
developed as a part of the extraction of the water from the
Basin and to develop a program for the implementation of an
operational management plan of the Basin. This investigation
will include an analysis of the effect of additional ground-
water extraction, recharge enhancements, wastewater reclama-
tion and recharge, imported coater recharge, and control salt
inflows and sea water intrusion. Company's obligation to fund
this study shall not exceed $30,000.
2. Obliaations of Authoritv.
(a) California Environmental Quality Act.
Authority agrees to complete all proceedings under the
California Environmental Quality Act as a prerequisite to
its being bound by the terms of this agreement, though it is
understood that upon the completion of such proceedings
Company shall automatically be bound by this Agreement and
subject to all the rights, obligations, and conditions
hereof.
(b) Acceptance of Authority Facilities. Authority
agrees to accept title to the Authority Facilities and to
maintain and operate the Authority Facilities in accordance
am
0 0
with the te=s and conditions set forth in this Agreement.
(c) Kinoshita and Vermeulen Wells. Authority
by this Agreement, approved by Kinoshita Farms and Charles
Vermeulen, and acknowledged in the addendum hereto, agrees
with Kinoshita Farms and Charles Vermeulen to operate the
Kinoshita and Vermeulen Wells during the period that the
Lake is being filled and for a period of thirty (30) days
after the Lake is filled. Kinoshita Farms and Charles Vermeulen
each agree to turn over to Authority within ten (10) days
of the request by Authority, their wells and well sites
shown on Exhibit "A". Authority agrees to permit Company to
modify and equip the existing wells or drill a new well(s)
on said sites and equip said new well(s). In consideration
of such transfers to Authority, Authority agrees to furnish
to said wellowners at no cost while said wells are operated
by Authority, all water necessary to farm their property
shown on Exhibit "A". At the end of said thirty (30) day
period Authority shall cease operating the Kinoshita and
Vermeulen Wells and said wells as rehabilited, including any
new well(s) drilled on their sites, shall be returned to the
Kinoshita Farms and Charles Vermeulen respectively. It is
recognized that at the end of said thirty (30) day period
the static water table level may not have returned to the
same level as existed on the date Authority assumed the
operation of the Kinoshita and Vermeulen Wells; therefore,
authority acrees to pay Kinoshita Farms and Charles Vermeulen
OM
0 9
monthly an amount equal to the additional energy costs
incurred by them in pumping water from the lower static
water level table than said owners would incur if water is
pumped from the static water table level that existed on the
date authority commenced operation. Authority, with con-
currence of the owners of the Kinoshita and Vermeulen Wells,
shall establish the static water table levels necessary to
carry out the intent of this Agreement. This obligation of
Authority shall terminate when the static water table of the
Kinoshita and Vermeulen Wells returns to the static water
table level on the date Authority commenced operation of
said wells.
(d) Conveyance of Water to District. Authority
agrees to supply all the water necessary to fill the Lake to
an elevation of 700 feet, Orange County Datum, subject to
the following conditions:
(1) All water to be conveved shall be
obtained from the Basin through the wells referred to
in Section I(a) hereof and conveyed through Authority
Facilities.
(2) That the wells, pumps and transmission
pipelines have the capacity and that there is a suffi-
cient quantity of water that can be obtained from the
Basin to meet Authority's commitments under this agree-
ment with Kinoshita Farms, Charles Vermeulen, the Agri-
cultural Users and Orange County Water Works District
No. 4.
-10-
0 9
(3) There is no order or judgment of any
state or federal agency or court prohibiting the delivery
of such water.
(4) The extraction of said water will not
jeopardize Authority's ability to properly manage the
Basin.
(e) Ordering the Water. Subject to the condi-
tions hereinbefore set forth, Authority shall deliver the
water to District at the Galivan Pump Station at the times
and in the quantity requested by District, acting as the
purveyor of :eater to Company. Authority shall not be respon-
sible for the maintenance and operation of the District
Facilities.
(f) Maintenance and Operation of Authority
Facilities. Authority agrees to maintain and operate the
Authority Facilities in accordance with the standards of
Orange County Water Works District No. 4, subject to the
payment by Company of the expenses as provided in Section
1(e) hereof.
(g) Agreements with Agricultural Users and Orange
County Water Works District No. 4. In addition to the
Kinoshita and Vermeulen Wells, there are several wells in
operation in the Basin and upstream therefrom that could be
affected by Authority pumping of the Basin. These wells are
owned or ooerated by the following:
-11-
0
(i) Bathgate Ranch;
(ii) Smith Ranch;
(iii) Williams Ranch;
(iv) Crean Ranch;
(v) Morgan Stables;
P
(vi) Old Capistrano Heights Water Company;
(vii) Los Cerritos and
(viii) Sean Lacouague (herein collectively referred
to as the "Agricultural Users").
Orange County Water Works District No. 4 operates wells to
obtain water for domestic purposes. Authority agrees with
each of the above named users, approved by them and acknow-
ledged in the addendum hereto, that Authority will pay said
users an amount equal to the additional energy cost incurred
by each user in pumping water from its well at the possibly
lower static water table level than said owners would incur
if water is pumped from the static water table level that
existed on the date Authority commenced pumping to provide
water to fill the Lake. Authority, with concurrence of
each user, shall establish the static water table levels
necessary to carry out the intent of this Agreement. This
obligation of Authority shall terminate when the static
water table of each user's well returns to the static water
table level on the date Authority commenced pumping water
to fill the Lake.
-12-
0
(h) Emeraercy Water.
0
If there is no water in the
Basin available for agricultural use by Kinoshita Farms,
Charles Vermeulen and the Agricultural Users, Company agrees
as an alternative to its obligations set forth in Section 2,
subsections (c) and (g) hereof, to release water from the
Lake and deliver that water to District for delivery to said
users. The amount of water that Company is obligated to
deliver pursuant to this subsection shall not exceed the
amount received by Company for the purpose of filling the
Lake. This obligation of Company to deliver water shall
be construed as creating an obligation of Company to deliver
water only in an emergency situation and then only up to the
amount hereinbefore set forth.
District agrees to supply to Authority an equivalent
amount of water received from Company during the emergency
period and Authority agrees to supply said water to Kinoshita
Farms, Charles Vermeulen and the Argicultural Users during
the emergency. Authority has the sole responsibility to
allocate said water among said users.
Company's obligation under this subsection shall cease
at the same time as Company's obligations shall terminate under
Section 2, subsections (c) and (g) hereof.
3. Obligations of District.
(a) Delivery of water to Fill the Lake. District
agrees to perform all obligations necessary to deliver the
water received from Authorit,7 to Company. Company shall
-13-
0
order the quantity of water it desires to receive at the
Lake from District and District -shall order that quantity of
water from Authoritv. Such order, including any change of
flows, shall be given to District at least twenty-six (26)
hours in advance and District shall notify Authority twenty-
four (24) hours in advance of any request for water. All
water deliveries are subject to the limitations imposed by
the Authority in Section 2(d) hereof.
(b) Maintenance and Operations of District Facilities.
District agrees to maintain and operate the District Facilities
in accordance with the standards established by District for
the maintenance and operation of its other works, subject to
the payment by Company of the expenses as provided in Section
1(e) hereof.
4. Use of Facilities After Lake is Filled. After the
Lake is filled, Authority's obligations to convey water to
District shall cease, except as hereinafter provided.
Thereafter, Authority may use Authority Facilities for any
purpose, including:
(a) Conveyance of water to District for any
usable purpose;
(b) Conveyance of water to any other member of
Authority;
(c) Conveyance to other parties within Authority;
(d) Conveyance of water to any entity outside
of Authority's boundaries;
-14-
0 0
(e) Conveyance of water to the ocean in furtherance
of the Basin objective; and District may use the District
Facilities for any purpose.
After the Lake is filled, Authority and District agree to
cooperate to use the Facilities for the greatest benefit of
all members of Authority, including, the extraction of Basin
water for beneficial use in Authority in the order of priorities
hereinafter set forth, to maximize native water yield and
to prevent lower quality water from infiltrating the Basin.
The parties agree that. the first priority for the use of
the Facilities shall be for the purpose of conveying brine,
reclaimed water and wastewater of any nature originating in
District to a point of disposal, including the ocean. To
achieve said objectives it is recognized that District will be
using the Facilities in conjunction with other pipelines con-
structed and to be constructed in District and in Authority.
Authority and District agree to use their best efforts to
cause a pipeline to be constructed from the Basin to the ocean.
Authority, District and Company agree that until water in
the Basin is acceptable for permanent domestic use under State
Health Department standards, the second order of priority shall
be the use of the Facilities for the extraction of water from
the Basin and the conveyance of that water to the following
users in the order of priority set forth:
(i) The Agricultural Users for agricultural
purposes;
-15-
(ii) The District for use in the following
—" priorities: -"
(a) For the benefit of Company;
(b) For the benefit of other lands and
inhabitants of Improvement District No. 1-W,
and
(c) For the benefit of other lands and
inhabitants of District.
(iii) Any other member of Authority on a pro rata
basis;
(iv) For any other purpose.
Prior to the last day of each month any user
desiring water shall request Authority to deliver a speci-
fied quantity of water in the succeeding month. Any water
not so requested by a user with prior rights may be made
available to the next user in the order of priority herein-
before set forth.
The foregoing provisions shall not be construed to
require Authority to extract and deliver any water from the
Basin, nor shall it create an obligation of Authority to
deliver such water without a charge to the recipient thereof.
District is not obligated to take Basin water but may,
at its option, receive such Basin water that can be put to
beneficial use. In addition to the charges imposed by
Authority, District may impose charges for such water.
-16-
Authoritv, District and Company agree that all
money received by Authority from the sale of Basin water
after the payment of the maintenance and operation costs of
providing such water, shall be held in trust by Authority to
be expended by Authority for the sole purpose of assisting
the implementation of the purposes for which Authority was
formed.
S. Orange County Water Works District No. 4 Approval.
This Agreement shall not be effective until it has been
approved by the Board of Directors of Orange County Water Works
District No. 4.
6. Assignments. The provisions of this Agreement
shall inure to the benefit of and be binding upon the parties
and their successors and assigns.
7. Termination of this Agreement. This Agreement
shall terminate on January 1, 2017, provided, however, prior
to the date Authoritv commences extracting water for the
filling of the Lake, Companv may terminate this Agreement on
any date upon giving Authority and District thirty (30) days
prior written notice and by making all payments due or that
may come due hereunder.
S. Cooperation of the Parties. The parties hereto
agree that each will cooperate with the other in carrying
out all of the terms of this Agreement, including joinder of
any request for County of Orange construction permit, road
encroachment permits, acquisition from any landowner of
-17-
0
anv reasonably necessary easements or rights of way over any
landowner's property in compliance with all other state and
county regulations necessary for the accomplishment and
purposes of this Agreement and the obtaining of any water
appropriation and/or discharge permits from any State agency.
9. Payments and Notices. All notices, demands, and
requests which may be or are required to be given, or made
by any party to another party, shall be in writing. All
notices, demands and requests shall be sent by United States
Registered .Tail postage prepaid, addressed as follows:
To Company: MISSION VIEJO COMPANY
24800 Chrisanta Drive
Mission Viejo, California 92675
Attention: Legal Department
To Authority: SAN JUAN BASIN AUTHORITY
31301 Andres Pico Road
San Juan Capistrano, California
To District: SANTA MARGARITA WATER DISTRICT
25571 Marguerite Parkway
Mission Viejo, California 92675
or to such other addressee at such other place as the parties
may from time to time designate in written notice to the
other parties. Notices, demands, and requests which shall be
served upon the parties in the manner aforesaid shall be
deemed sufficiently served or given for all purposes hereunder
at the time such notice, demand, or request is thus mailed.
10. Section Headinas. The headings of sections herein
are used for convenience only and shall not affect the meaning
-Is-
9 0
of the contents thereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first hereinabove written.
Secret
"Company"
APPROVED BY ORDER OF THE BOARD
OF DIRECTORS OF ORANGE COUNTY
WATER WORKS DISTRICT AO. 4
THIS ofh day of ,
1977. �
By ��(
AuthOrized Officer
-19-
SAN JUAN BASIN AUTHORITY
By
Pre dent
BL
Secretary
"Authority"
SANTA L%MRGARITA WATER DISTRICT
Bye6 . C,!! �d,-
/President
By / �a
Secrt ry
"District"
ADDENDUM TO LAKE MISSION VIEJO
FACILITIES AND OPERATION AGREEMENT
By the execution of this Addendum dated as of the 24th
day of June, 1977, the undersigned hereby agrees to the
terms and conditions set forth in the Lake Mission Viejo
Facilities and Operation Agreement dated as of June 24,
1977.
CHARLES VERMEULEN
ADDENDUM TO LAKE MISSION VIEJO
FACILITIES AND OPERATION AGREEMENT
By the execution of this Addendum dated as of the 24th
day of June, 1977, the undersigned hereby agrees to the
terms and conditions set forth in the Lake Mission Viejo
Facilities and Operation Agreement dated as of June 24,
1977.
KINOSHITA FARMS
By�i�
I12t2!
ADDENDUM TO LAKE MISSION VIEJO
FACILITIES AND OPERATION AGREEMENT
By the execution of this Addendum dated as of the 24th
day of June, 1977, the undersigned hereby agrees to the
terms and conditions set forth in the Lake Mission Viejo
Facilities and Operation Agreement dated as of June 24,
1977.
JEAN LACOUAGUE
0 0
ADDENDUM TO LAKE MISSION VIEJO
FACILITIES AND OPERATION AGREEMENT
By the execution of this Addendum dated as of the 24th
day of June, 1977, the undersigned hereby agrees to the
terms and conditions set forth in the Lake Mission Viejo
Facilities and Operation Agreement dated as of June 24',
1977.
SWANNER CAPISTRANO RANCH
Charles D. SwannerL"
0
ADDENDUM TO LAKE MISSION VIEJO
FACILITIES AND OPERATION AGREEMENT
By the execution of this Addendum dated as of the 24th
day of June, 1977, the undersigned hereby agrees to the
terms and conditions set forth in the Lake Mission Viejo
Facilities and Operation Agreement dated as of June 24,
1977, Paragraphs 2(g) and (h) only.
r
�C � CFFEA�N 2
THE CREAN RANCH FOUNDATION, INC.
By:
HUGH J.,"/SCALLON
Assistant Secretary
0 0
ADDENDUM TO LAKE"MISSION VIEJO
FACILITIES AND OPERATION AGREEMENT
By the execution of this Addendum dated as of the 24th
day of June, 1977, the undersigned hereby agrees to the
terms and conditions set forth in the Lake Mission Viejo
Facilities and Operation Agreement dated as of June 24,
1977.
Charles R. Williams
0 9
ADDENDUM TO LAKE MISSION VIEJO
FACILITIES AND OPERATION AGREEMENT
By the execution of this Addendum dated as of the 24th
day of June, 1977, the undersigned hereby agrees to the
terms and conditions set forth in the Lake Mission Viejo
Facilities and Operation Agreement dated as of June 24,
1977,
0 0
ADDENDUM TO LAKE -MISSION VIEJO
FACILITIES AND OPERATION AGREEMENT
By the execution of this Addendum dated as of the 24th
day of June, 1977, the undersigned hereby agrees to the
terms and conditions set forth in the Lake Mission Viejo
Facilities and Operation Agreement dated as of June 24,
1977.
GL
�..�/:fit^( F%(l•
•fvt l 4t Q.i � -T�pti/.�
Pearl M. Williams C1-Czt7 --
0 0
EXHIBIT C
Purchase Price Formula'
Item
Estimated Value,
dollars
Mission Viejo Company Reach 1 Cost, 1978 dollarsI $2,065,405
Less estimated cost of abandoned Reach 1B - 693,976
Total cost Reaches I and 1C
Less depreciation
Total
Purchase Price
Source: CGvL Report
BAK W&G/PBG/sb/10692. 10
12004 0 42 - 10/02/97
1,371,429
329,143
$1,042,286
50% x $1,042,286 = $521,143
EXHIBIT D S t
MNWD CONTRACT 3A-65
LISTING OF RIGHT OF WAY FOR SAN JUAN BASIN BYPASS PIPELINE
Pipe Reach
I Station to Station
Property Owner
Status
IA
28+95± 63+70.4:
OCFCD
PublicR/W
OCFCD Sta 119+60±1
I
63+70± 64+61±
Street
Public R/W
el Obio
lA
64+61± 88+90.+ Back
OCFCD
PublicR/W
10+67.4 Ahead
IA
10+-67± 16+98±
30' Havens
Reach OK
AP 649-111-08
I
16+98 36+16±
Oso Ranch/Smith
Revised easetnt
vortions outside easement
AP 121-070-04
required
lA
36+16± 62+50±
Colinas de Capistrano
Reach OK
AP 121-070-30
1B Lakefill
10+00 25+54±
Street
Public R/W
Bypass
Oso Rd
1B Lakefill
25+54± 33+70±
10' Oso Ranch/Smith
Reach OK
Bypass
1B Lakefill
33+70± 38+20t
AT&SF RR
License Agreement
Bypass
1B Lakefill
38+20± 40+28±
60' Oso Ranch/Smith
Reach OK
Bypass
IB Lakefill
40+28± 45+15±
80' Hsiao
Reach OK
Bypass
1B Lakefiil
45+15± 65+66±
15' Hsiao
Reach OK
Bypass
1B Lakefill
65+66± 85+30*
15' Williams
Reach OK
Bypass
1B Lakefill
85+30* 105+10*
AT&SF RR
License Agreement
Bypass
1B Lakefill
105+10.23 106+19.24
OCFCD
Permit OK
Bypass
creek crossin
90 -00644 -FE
1B Bypass
106+19.24± 108+61.83
AT&SF RR
License Agreement
Extension
OCFCD
113 Bypass
108+61.83 118+96±
OCFCD
Permit OK
Extension
90-00754FE
1B Bypass
118+96* 119+56±
AT&SF RR
License Agreement
Extension
1B Bypass
119+56± 122+28± Back
Street
Public R/W
Extension
246+35± Ahead
(Camino Capistrano)
1 C
246+35± 262+30* Back
20' Crean
11/77 OK
262+59± Ahead
1C
262+59± 263+88±
AT&SF RR
License Agreement
IC
263+88± 268+80t
Street
Public R/W
Camino Capistrano)
1C
268+80t 283+95±
Shat
TCA realignment
Camino C istraw
Public R/W 1994
1C
246+35± 304+39±
OCFCD
Relocation
DS"26 19841
1C
283+95± 304+39± Back
Street
Public R/W
17+63* Ahead
(Camino C iMM)
IC
17+63± 76+40*
Street
PublicR/W
Camino C isurano
1C
76+40± 100+40*
Galivan Properties
Quit Claimed
Changed alignatent
1C
76+40± 100+40*
Shat
PublicR/W
Camino Capistrano)
s vnyrvrw ims�L.mm.p.o..
EXHIBIT D
EXHIBIT E-1
RECORDING REQUESTED BY:
MOULTON NIGUEL WATER DISTRICT
1_Ila KI kkeiCb_1 •
Ms. Patricia B. Giannone
BOWIE, ARNESON, KADI, WILES & GIANNONE
4920 Campus Drive, Suite A
Newport Beach, CA 92660
QUITCLAIM DEED
Exempt Govt. Code § 6103
FOR VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby
acknowledged,
SAN JUAN BASIN AUTHORITY, a joint powers agency, organized and operating pursuant
to Section 36500 el geq, of the California Government Code ("Grantor")
does hereby REMISE, RELEASE and QUITCLAIM to MOULTON NIGUEL WATER DISTRICT
AND SANTA MARGARITA WATER DISTRICT, both California Water Districts organized and
operating pursuant to Section 34000 et 5.eg. of the California Water Code ("Grantee") the easements
located in the County of Orange, State of California, and more particularly described on Exhibits 1
through 7 attached hereto and incorporated herein (`Basement Area"), together with any and all
personal property and fixtures, including appurtenances, connections and structures within, on and
under the Easement Area and owned by Grantor.
This quitclaim deed and the provisions contained herein shall be binding upon and inure to
the benefit of Grantor. Grantee, and their respective heirs, administrators, personal representatives,
executors, devisees, successors and assigns.
IN WITNESS WHEREOF, this instrument has been executed on 11997.
GRANTOR
SAN JUAN BASIN AUTHORITY
By:
Title:
By:
Title:
Notarize all Signatures
0 0
mnLM��ECK' tDK11=V11U*
LOL911IM&IJOCI
This is to certify that the interest in real property conveyed by the Quitclaim Deed dated
, 1997, from SAN JUAN BASIN AUTHORITY, a joint powers agency, to the
MOULTON NIGUEL WATER DISTRICT and the SANTA MARGARITA WATER DISTRICT,
both California water districts, is hereby accepted by the undersigned officer on behalf of the Board
of Directors of Moulton Niguel Water District, pursuant to authority conferred by Resolution No.
81-29 of the Board of Directors, adopted on the 18th day of June, 1981, and the MOULTON
NIGUEL WATER DISTRICT consents to recordation thereof by its duly authorized officer.
Dated this _ day of 1997.
(Assistant Secretary)
MOULTON NIGUEL WATER DISTRICT and ofthe
Board of Directors hereof
BAKW&G/PBG/sb/38397
12004 0 42 - 6/13/97
•
Exhibit E-2
n
u
CONSENT TO ASSIGNMENT OF SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY LICENSE FOR REACH 1 OF
SAN JUAN BASIN BYPASS PIPELINE FROM SAN JUAN BASIN
AUTHORITY TO SANTA MARGARITA WATER DISTRICT AND
MOULTON NIGUEL WATER DISTRICT
This Consent and Assignment Agreement ("Consent and Assignment") is made and
entered into and effective this _ day of , 1997, by and between
SAN JUAN BASIN AUTHORITY, a joint powers authority, on behalf of its Project Committee
No. 2 ("SJBA"), and SANTA MARGARITA WATER DISTRICT and MOULTON NIGUEL
WATER DISTRICT, both California Water Districts organized pursuant to Section 34000 et sec
of the California Water Code (respectively "SMWD" and "MNWD"), SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority under California law
("AUTHORITY"), as successor -in -interest to The Atchison, Topeka and Santa Fe Railway
Company ("AT&SF RAILROAD").
AUTHORITY's predecessor -in -interest to the AT&SF Railroad, previously
executed those certain Pipeline Licenses listed on Addendum 1 hereto to SJBA related to SJBA's
construction, operation and maintenance of a pipeline and related appurtenant facilities
commonly referred to as the "San Juan Basin Bypass Pipeline" (the "Licenses"). The Licenses
listed in Addendum 1 are incorporated herein by this reference.
2. SJBA, SMWD and MNWD have entered into that certain Agreement entitled
"Agreement for Transfer of Reach 1 San Juan Basin Authority Bypass Pipeline", dated as of July
1, 1997, by the terms of which SJBA conveys joint title to Reach 1 of the Bypass Pipeline to
MNWD and SMWD for the consideration agreed therein. As part of the terms of conveyance of
Reach 1 of the Bypass Pipeline, SJBA agrees to assign the Licenses to MNWD and SMWD.
BAKW&G/PBG/sb/31975
12004 0 42 - 6/13/97
0 9
The terms of the Licenses state that the covenants and provisions of the Licenses
inure to the benefit of SJBA's assigns and are binding on AUTHORITY, provided AUTHORITY
consents in writing to such assignment.
4. SJBA, SMWD, MNWD and AUTHORITY wish to provide for the assignment of
the Licenses by SJBA jointly to MNWD and SMWD at this time.
AGREEMENT
NOW, THEREFORE, it is agreed by and among the parties as follows:
Assignment. SJBA hereby assigns its rights, duties and obligations as "Licensee"
under the License jointly to MNWD and SMWD as of the date of this Consent and Assignment.
2. Consent. AUTHORITY, as "Licensor" under the Licenses, hereby consents to the
assignment of SJBA's rights, duties and obligations under the Licenses jointly to MNWD and
SMWD. AUTHORITY's consent to such assignments shall not be construed as a waiver of its
consent to any other future assignments where such consents are required under the terms of the
Licenses.
Assumption of Assignments. MNWD and SMWD hereby jointly assume all
rights, and agree to jointly perform and discharge the covenants, duties and obligations of
"Licensee" under the Licenses from the date of this Consent and Assignment. The assignment
shall commence on the date of this Consent and Assignment. On and after the date of this
Consent and Assignment. MNWD and SMWD shall jointly have all rights of the "Licensee"
including but not limited to, the rights of construction, maintenance, use and repair with respect
to Reach 1 of the Bypass Pipeline.
BAKW&G/PBG/sb/31975
12004 0 42 - 6/13197 E2-2
0
11
IN WITNESS WHEREOF, the parties hereto have executed this Consent and Assigtunent
this _ day of 1997.
SAN JUAN BASIN AUTHORITY ON
BEHALF OF PROJECT COMMITTEE NO. 2
General Manager
SANTA MARGARITA WATER DISTRICT
m
Assistant General Manager
MOULTON NIGUEL WATER DISTRICT
m
Assistant General Manager
SOUTHERN CALIFORNIA REGIONAL
RAIL AUTHORITY as successor -in -interest to
ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
By:
Lupe Changala
Title:
Right of Way Supervisor
BAKW&G/PBG/sb/31975
12004 0 42 - 6/13/97 E2-3
EXHIBIT E-3
BILL OF SALE
REACH 1 OF SAN JUAN BASIN BYPASS PIPELINE
For good and valuable consideration, receipt of which is hereby acknowledged, San Juan
Basin Authority (SJBA) a joint powers authority organized and existing under Government Code
Section 6500 eI =. and that certain joint powers agreement entitled "Joint Exercise of Powers
Agreement Creating the San Juan Basin Authority, Orange County, California" dated November
22, 1971, on behalf of its Project Committee No. 2 does hereby transfer and convey jointly to the
Moulton Niguel Water District (MNWD) and to the Santa Margarita Water District (SMWD),
both California Water Districts organized under State Law, and their successors and assigns, all
right, title, and interest in and to Reach 1 of the SJBA Bypass Pipeline including valves,
connections, meters, and other appurtenances to Reach 1 as depicted on attached Exhibit 1
("Reach 1"), Reach 1 to be owned jointly by MNWD and SMWD, with each having equivalent
capacity interests, and further warrants that the same is free and clear of any encumbrances.
Executed this _ day of 1997.
SAN JUAN BASIN AUTHORITY
By:
President
By:
Secretary
MOULTON NIGUEL WATER DISTRICT
CERTIFICATE OF ACCEPTANCE
As per Resolution No. 97- approving the "Agreement for Transfer of San Juan
Basin Authority Bypass Pipeline" dated as of July 1, 1997, as set forth in the minutes of a
meeting of the Board of Directors of the Moulton Niguel Water District held on July 17, 1997,
the above Bill of Sale of Reach I of the SJBA Bypass Pipeline, dated , 1997, is
hereby accepted by order of the Board of Directors of the Moulton Niguel Water District, a
California Water District organized under State Law.
Date of Acceptance 11997.
0
BAK W &G/PBG/iyf/31994
12004 0 42 - 6/13/97
General Manager
MOULTON NIGUEL WATER DISTRICT
� � r
SANTA MARGARITA WATER DISTRICT
CERTIFICATE OF ACCEPTANCE
As per Resolution No. 97- approving the "Agreement for Transfer of San Juan
Basin Authority Bypass Pipeline" dated as of July 1, 1997, as set forth in the minutes of a
meeting of the Board of Directors of the Santa Margarita Water District held on
1997, the above Bill of Sale of Reach 1 of the SJBA Bypass Pipeline, dated 1997,
is hereby accepted by order of the Board of Directors of the Santa Margarita Water District, a
California Water District organized under State Law.
Date of Acceptance 11996.
an
General Manager
SANTA MARGARITA WATER DISTRICT
BAKW &G/PBG/iyf/31994
12004 0 42 - 6/13/97 -2-
EXHIBIT E-3
BILL OF SALE
REACH 1 OF SAN JUAN BASIN BYPASS PIPELINE
For good and valuable consideration, receipt of which is hereby acknowledged, San Juan
Basin Authority (SJBA) a joint powers authority organized and existing under Government Code
Section 6500 et se=c . and that certain joint powers agreement entitled "Joint Exercise of Powers
Agreement Creating the San Juan Basin Authority, Orange County, California" dated November
22, 1971, on behalf of its Project Committee No. 2 does hereby transfer and convey jointly to the
Moulton Niguel Water District (MNWD) and to the Santa Margarita Water District (SMWD),
both California Water Districts organized under State Law, and their successors and assigns, all
right, title, and interest in and to Reach 1 of the SJBA Bypass Pipeline including valves,
connections, meters, and other appurtenances to Reach 1 as depicted on attached Exhibit 1
("Reach 1"), Reach 1 to be owned jointly by MNWD and SMWD, with each having equivalent
capacity interests, and further warrants that the same is free and clear of any encumbrances.
Executed this L4t4� day of , 1998.
SAN JUAN BASIN AUTHORITY
By:
MOULTON NIGUEL WATER DISTRICT
CERTIFICATE OF ACCEPTANCE OF BILL OF SALE
As per Resolution No. 97-29 approving the "Agreement for Transfer of San Juan Basin
Authority Bypass Pipeline" dated as of July 1, 1997, as set forth in the minutes of a meeting of
the Board of Directors of the Moulton Niguel Water District held on September 18, 1997, the
above Bill of Sale of Reach 1 of the SJBA Bypass Pipeline, dated 82211 1998, is hereby
accepted by order of the Board of Directors of the Moulton Niguel Water District, a California
Water District organized under State Law.
Date of Acceptance _?3 '1998.
By: l// !`(c>
General anager
ON NIGUEL WATE DISTRICT
BAW&G/PBGAyf/31994
12004 0 42 - 6/13/97
SANTA MARGARITA WATER DISTRICT
CERTIFICATE OF ACCEPTANCE OF BILL OF SALE
Pursuant to the approval by the Board of Directors of the Santa Margarita Water District,
of the "Agreement for Transfer of San Juan Basin Authority Bypass Pipeline" dated as of July 1,
1997, as set forth in the minutes of a meeting of the Board of Directors of the Santa Margarita
Water District held on March l3 , 1998, the above Bill of Sale of Reach 1 of the SJBA Bypass
Pipeline, dated pari% �y 1998, is hereby accepted by order of the Board of Directors of the
Santa Margarita Water District, a California Water District organized under State Law.
Date of Acceptance ��� LAI 1998. pp
� By. i f F i/ /:,
ene 1 Mana
SANTA MARGARITA WATER DISTRICT
BAW&G/PBG/iy&31994
12004 0 42 - 6/13/97 -2-
RECORDING REQUESTED BY:
MOULTON NIGUEL WATER DISTRICT
WHEN RECORDED. MAIL TO:
Ms. Patricia B. Giannone
BOWIE, ARNESON, WILES & GIANNONE
4920 Campus Drive, Suite A
Newport Beach, CA 92660
Recoraea in the county or orange, caitfornia
Gary L. Granville, Clerk/Recorder
No Fee
19980251311 4:23pm 04/21/98
004 20015261 20 33
001 55 29 0.00 6.00 162.00 0.00 0.00 0.00
0.00 0.00 165.00
QUITCLAIM DEED
Exempt Govt. Code § 6103
FOR VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby
acknowledged,
SAN JUAN BASIN AUTHORITY, a joint powers agency, organized and operating pursuant
to Section 36500 ej egg, of the California Government Code ("Grantor")
does hereby REMISE, RELEASE and QUITCLAIM to MOULTON NIGUEL WATER DISTRICT t
AND SANTA MARGARITA WATER DISTRICT, both California Water Districts organized and
operating pursuant to Section 34000 el seq. of the California Water Code ("Grantee") the easements If
located in the County of Orange, State of California, and more particularly described on At tach-
.,
ment 1 attached hereto and incorporated herein ("Easement Area"), together with any and all iy --
personal property and fixtures, including appurtenances, connections and structures within, on and
under the Easement Area and owned by Grantor.
This quitclaim deed and the provisions contained herein shall be binding upon and inure to
the benefit of Grantor, Grantee, and their respective heirs, administrators, personal representatives,
executors, devisees, successors and assigns.
IN WITNESS WHEREOF, this instrument has been executed on c ( / 11998.
GRANTOR
SAN JUAN BASIN AUTHORITY
By:
t�-
Title:' �,eE5ia6v
BT
Notarize all Signatures
0
0
CERTIFICATE OF ACCEPTANCE
SANTA MARGARITA WATER DISTRICT
T 1s is certify that the interest in real property conveyed by the Quitclaim Deed dated
mil , 1998, from SAN JUAN BASIN AUTHORITY, a joint powers agency, to the
MOULTON NIGUEL WATER DISTRICT and the SANTA MARGARITA WATER DISTRICT,
both California water districts, is hereby accepted by the undersigned officer on behalf of the Board
of Directors of Santa Margarita Water District, pursuant to authority conferred by the Board of
Directors of the SANTA MARGARITA WATER DISTRICT and the SANTA MARGARITA
WATER DISTRICT consents to recordation thereof by its duly authorized officer.
Dated this f�4-day of '1998.
( Sec tary)
SANTA MARGARITA WATER DISTRICT and of
the Board of Directors hereof
BAW&G/PBG/sb/38397
12004 0 42 - 6/13/97
0 0
CERTIFICATE OF ACCEPTANCE
MOULTON NIGUEL WATER DISTRICT
T is i to certify that the interest in real property conveyed by the Quitclaim Deed dated
1998, from SAN JUAN BASIN AUTHORITY, a joint powers agency, to the
MOULTON NIGUEL WATER DISTRICT and the SANTA MARGARITA WATER DISTRICT,
both California water districts, is hereby accepted by the undersigned officer on behalf of the Board
of Directors of Moulton Niguel Water District, pursuant to authority conferred by Resolution No.
81-29 of the Board of Directors, adopted on the 18th day of June, 1981, and the MOULTON
NIGUEL WATER DISTRICT consents to recordation thereof by its duly authorized officer.
'01-
Dated thiday of 1 1 1998.
ly'6
(Assistant Secretary)
MOULTON NIGUEL WATER DISTRICT and of the
Board of Directors hereof
BAW&G/PBG/sb/38397
12004 0 42 - 6/13/97
CALIFORNIA ALL-PURPOSACKNOWLEDGMENT
';s��c'�-� ; �ct�ti`--��,.cCc�-s<`s<s<>-�,,,--�;c::rr-•�..r--c. sr,,<�c^„<�_<`ti n'cr�•.,��<`.� -��s. ti.s:c':s<._� .c<�s<'c^«s_�.
S State of _ 1! f [= clE M ,fl
S County of t !2 +4 n c c
.1
On )4, L /,�' / s I::�' before me, C�.
T Data
personally appeared - nil 'J. tel AA_ A l )b fJ (-l)y rl+7�inJ5Z>nl ,
Names) of Slgnera)
- personally known to me - OR -le-proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) iefare subscribed to the within instrument
and acknowledged to me that ha4helthey executed the
same in hisfher/their authorized capacity(ies), and that by
hisAw/their signature(s) on the instrument the person(s),
C,ptpy p, LAW or the entity upon behalf of which the persons) acted,
,Jormi4m 01127440 executed the instrument.
Notary Pubic—caftni
Orange Cou"tyfab
jwmy C:orrrn �,7W1 WITNESS my\hand and official seal.
FSM
i
S azureof Netary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached/ �Document
Title or Type of Document: Z f2lg 101/1
�( ��
Document Dater � � � Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ,�;l • ` ``�llr+TZ
Individual
Corporate Officer
Title(s):
Partner— Limited General
Attorney -in -Fact
Trustee
Guardian or Conservator
—/_
.0 Other: `/'�G5 / L17Gti- Top of thumb here
Signer Is Representing:
Signer's Name:'
_ Individual
Corporate Officer
Title(s):
- Partner Limited - General
- Attorney -in -Fact
Trustee
Guardian or Conservator
C✓Other. Z!E��',
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
:.::--c,�c,'GZ,'Ct,'Ct.'C2:LC`r :. -:,<�i;C::C<,•C<.�:�',.';ZZ.�-.C,G.L<,•C<,'C<:L.),�G. G,�','^_.:��=.';L.!•:,�:.:,GCC`.':C��L`.i.�G�,Ct;Gc,'�-c,'Gc,•r'::
1995 National Notary Association • 8236 Remmet Ave.. P.O Box 7184 • Canoga ParkCA 9130941 B4 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-682)
# 0
ATTACHMENT
(Which Attachment incorporates Exhibits 1 through 9
listed below by reference in this Attachment 1)
EXHIBIT 1: An easement as set forth in an easement grant deed recorded on January 25, 1979,
as document 31199 at Book 13012, Page 879 of the Official Records of Orange
County, California.
EXHIBIT 2: An easement as set forth in that grant deed recorded on September 19, 1978, as
document 23316 at Book 12846, Page 973 of the Official Records of Orange
County, California.
EXHIBIT 3: An easement as set forth in that grant deed recorded on September 19, 1978, as
document 23317 at Book 12846, Page 978 of the Official Records of Orange
County, California.
EXHIBIT 4: An easement as set forth in that easement deed recorded on July 19, 1982, as
document 82-249329 of the Official Records of Orange County, California.
EXHIBIT 5: An easement as set forth in that easement grant deed recorded on November 28,
1977, as document 33048 at Book 12469, Page 457 of the Official Records of
Orange County, California.
EXHIBIT 6: An easement as set forth in that easement grant deed recorded on December 20,
1979, as document 26704 at Book 13440, Page 1604 of the Official Records of
Orange County, California.
EXHIBIT 7: An easement as referenced in that Judgement in Condemnation (Case No.
642817), recorded on March 27, 1995, as document 95-0120542 of the Official
Records of Orange County, California.
EXHIBIT 8: An easement as set forth in that grant of easement deed recorded on June 11,
1997, as document 97-0268825 of the Official Records of Orange County,
California.
EXHIBIT 9: An easement as set forth in that grant of easement deed recorded on June 11,
1997, as document 97-0268824 of the Official Records of Orange County,
California.
BAW&G/PBG/sb/47977
12004 0 42 •4/27/98
RFCORpING REQUESTED BY
.. •
AND w... 0rCn1.O1D All r0
FRITZ R. 5TRADLINC
STRADLING, YOCCA, CARLSON
6 RAUTH
POST OFFICE BOX 7680
NEWPORT BEACH, CALIF
92660
.un rwr .career"n ro
F -San Juan Basin Authority
P.O. Box 967
San Juan Capistrano, CA 92675
311.99 a� 13012rc 879
RECORDED AT REQUEST OF.
TITLE INS. 8, TRUST CO.
IN OFFICIAL RECORDS OF
ORANGE COUNTY, -v :FORNIA
EX . .'�T
C 5 s:oo n.la JAN 25 1979
LEE A. BRA"' I ..ov•ay Recordist
This document recorded for the benefit of the
SAN JUAN BASIN AUTHORITY, a public corporation,
and the recording fee exempt under Section 6103
of the Gover Aje
i
Fritz R. S dling
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EASEMENT IomftmM4l Grant Deed �{
TO 1923 CA I12-7+1 THIS FORM FURNISHED BY TICORTITLE INSURERS
The undersigned grantor(s) declare(s):
Documentary transfer tax is S None
( ) computed on full value of property conveyed, or
( ) computed on full value less value of lie and epctgnbrance ;amm at time of sale.
( ) Unincorporated area: (K) City of - f �� �_1 i� �� _ and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Archibald Blaine Haven, a widower
hereby GRANT(S) to
San Juan Basin Authority, a public corporation
the following described real property in the
County of Orange , State of California: described as:
See Exhibit "A" and IIX" attached.
Dated December 20
STATE OF CALIFORNIA
SS.
COUNTY OF
On 2 .2 - before me, the under•
eigneu, s is u.+rr Fuuu.; a euu :u. Baru nate, personaiiy appearen
known to me
to be the perwn whose name_ subscribed to the within
instrument and acknowledged that aeeuled the same.
WITNESS my hand and official seal.
L�___ [C " ia
Signature " '
A
EOFFICIAL SEAL
-•.xl; MARGARET E. FANNING
],Qyx NOTARY PUBLIC - CALIFORNIA
I(�}'-c BIW
VENTURA COUNTY
My comm. expires FEB 3. 1900
,Tld..n. m. a116v.1 na.n.l ...n
Title Order No._ __—Escrow or Loan N,,._ _—_
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Exhibit 1
0 • aK 130 12oc 880
EXHIBIT "A"
A PERPETUAL NONEXCLUSIVE EASEMENT AND RIGHT OF WAY FOR WATER TRANS-
MISSION PURPOSES, INCLUDING, SPECIFICALLY, BUT NOT BY WAY OF
LIMITATION, THE RIGHT TO LAY, CONSTRUCT, RECONSTRUCT, REMOVE AND
REPLACE, RENEW, INSPECT, MAINTAIN, REPAIR, IMPROVE, RELOCATE AND
OTHERWISE USE WATER PIPELINE OR PIPELINES, TOGETHER WITH INCIDENTAL
APPURTENANCES, CONNECTIONS AND STRUCTURES IN, OVER, UNDER, UPON,
ALONG, THROUGH AND ACROSS, THE REAL PROPERTY HEREINAFTER DESCRIBED
IN EXHIBIT "X" ATTACHED.
SAID EASEMENT SHALL LIE IN, OVER, UNDER, UPON, ALONG, THROUGH AND
ACROSS SUCH CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRIBED IN EXHIBIT "X" ATTACHED HERETO AND
BY THIS REFERENCE INCORPORATED HEREIN, TOGETHER WITH THE RIGHT TO
ENTER UPON AND TO PASS AND REPASS OVER AND ALONG SAID STRIP OF LAND
FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE FACILITIES
TO BE CONSTRUCTED IN SAID EASEMENT BY SAN JUAN BASIN AUTHORITY.
IT IS UNDERSTOOD AND AGREED THAT THE EASEMENTS AND RIGHT OF WAY
ACQUIRED HEREIN ARE ACQUIRED SUBJECT TO THE RIGHT OF THE OWNER,
THEIR SUCCESSOR AND ASSIGNS TO USE THE SURFACE OF THE LAND WITHIN
THE BOUNDARY LINES OF SUCH EASEMENTS AND RIGHTS OF WAY TO THE EX-
TENT THAT SUCH USE IS COMPATIBLE WITH THE FULL AND FREE EXERCISE
OF SAID EASEMENT AND RIGHTS OF WAY BY THE SAN JUAN BASIN AUTHORITY,
PROVIDED HOWEVER, THAT NO STREETS, ALLEYS, ROADWAYS, FENCES, BLOCK -
WALLS, OR OTHER STRUCTURES OR OTHER IMPROVEMENTS SHALL BE CONSTRUCTED
UPON, OVER, AND ALONG SAID EASEMENT AND RIGHT OF WAY WITHOUT FIRST
OBTAINING THE CONSENT OF SAN JUAN BASIN AUTHORITY.
NO FILL SHALL BE PLACED OR MAINTAINED OVER THE SURFACE OF THE GROUND,
NOR SHALL ANY EARTH BE REMOVED FROM THE COVER OF SAID PIPELINE AFTER
CONSTRUCTION WITHOUT FIRST OBTAINING THE WRITTEN APPROVAL OF SAN
JUAN BASIN AUTHORITY.
SAN JUAN BASIN AUTHORITY DOES HEREBY AGREE THAT IT WILL NOT UNREA-
SONABLY WITHOLD SUCH CONSENT.
3K 1 3012?c 881
EXHIBIT "X"
D E S C R I P T I O N
SAN JUAN BASIN PIPELINE EASEMENT
THAT PORTION OF PARCEL "0" AS SHOWN ON THE MAP FILED IN BOOK 2
PAGES 31 THROUGH 389 INCLUSIVE, OF RECORD OF SURVEYS, RECORDS
OF ORANGE COUNTY CALIFORNIA, LYING 10.00 FEET SOUTHWESTERLY AND
20.00 FEET NORTHEASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL "0"; THENCE
ALONG THE NORTHERLY BOUNDARY LINE OF SAID PARCEL "0"
NORTH 730 54' 13" EAST 245.03 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 660 34' 11" EAST 237.85 FEET; THENCE SOUTH 600 46' 39"
EAST 393.37 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF PARCEL_ 1-2-104
OF THAT CERTAIN LAND AS DESCRIBED IN A DEED RECORDED IN BOOK 64741
PAGE 253 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, CALIFORNIA.
THE SIDELINES OF SAID 30.00 F00T WIDE STRIP OF LAND SHALL BE
PROLONGED OR SHORTENED SO AS TO TERMINATE IN SAID NORTHERLY
BOUNDARY LINE AND SAID WESTERLY RIGHT-OF-WAY LINE.
a� 13012?c 882
C E R T I F I C A T E
The undersigned, being the duly appointed agent of
the SAN JUAN BASIN AUTHORITY, a public corporation, Orange
County, California, pursuant to its Resolution No. 77-10-1,
does hereby accept on behalf of said Authority the grant of
all interests in real estate for public purposes as described
in the attached Grant of Easement or Grant Deed dated the
20th December
day of 1978, by and between the
SAN JUAN BASIN AUTHORITY and
ARCHIBALD BLAINE HAVEN, a widower
and does hereby certify that the grantee consents to the
recordation of said grant.
DATED: January 2 , 1979.
SAN JUAN BASIN AUTHORITY
By /
(SEAL)
After Recordation Return To:
Fritz R. Stradling
Stradling, Yocca, Carlson & Rauth
Post Office Box 7680
Newport Beach, CA 92660
23316
C
Lt.en No,
WHEN RECORDED MAIL TO:
San Juan Basin Authority
C/o lloodside/Xubotd & AssociaLIS , Inc.
2415 South Birch Street I
Santa Ana, California 92707
a� 12846Pc 97,
k..
RECORDED AT REQUEST O5
TITLE Iris. & TRUST Co.
IN OFFICIAL RECORDS OF
ORANC.: ,YI I;Iiv „�V`ORNIA
g.pj?,M SEP 19 1978
LEE A. z,:ANCH, �-cunly Recorder
AaOV5 THIS LIN? FOA F
R'S USE
MAIL TAX STATENIENTS TO:
D=,mEvrAAY TRAxL;:ER TAX S non e
San Juan Basin Authority ---
P. 0. Box 967 Compu[ad on the coni Cannon ar•ialoa of prop,rryrn,
•_ ComPut,d an :na conE,ralian wva:u, ltsa IiSm or erKur
San Juan Capistrano, Calif. 92675 rrtan:gact m, or sat a_
� A•G cL1c s«� -7/7mr r flw a
S w+,ua. of O+al»n, er A,++R e+�wm.nrry os—Elm, v
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Trustees of the Central States, SoutheastaSouthaest Areas Pension Fund
hereby GRANT(S) to SAN JUAN BASIN AUTHORITY, a public corporation, the real propert
in the County of Orange, State of California, described as
A perpetual nonexclusive easement and right of way for water
transmission purposes, including, specifically, but not by way of limitation, the
right to lay, construct, reconstruct, remove and replace, renew, inspect, maintain,
repair, improve,, relocate and otherwise use water pipeline or pipelines, together-
with
ogether
with incidental appurtenances, connections and structures in, over, under, upon,
along, through and across, the real property hereinafter described_
Said easement shall lie in, over, under, upon, along, through
and across such certain real property situated in the County of Orange, State of
California, described in Exhibit "A" attached hereto and by this reference in—
corporated herein, together with the right to enter upon and to pass and repass
over and along said strip OF land for th-2 construction, operation and neintenar.ce
of the facilities to be constructed in said easement by San Juan Basin Authority_
Exhibit
2
12346?c 974
l'• It lsoluerstood and a(jread that Lhe sorenls and right ul w'jy
acquired herein are acquired subject to the right of the owner, their successor
and assigns to use the surface of the land within the boundary lines of such ease-
ments and rights of way to the extent that such use is compatible with the full
and free exercise of said easa-.ent and rights of way by the San Juan Basin Authority,
provided however, that no streets, alleys, roadways, fences, blockwalls, or other
structures or other improvements shall be constructed upon, over, and along said
easement and right of way without first obtaining the consent of San Juan Basin
Authority.
No fill shall be placed or maintained over the surface of the
ground, nor shall any earth be removed from the cover of said pipeline after
construction without first obtaining the written approval of San Juan Basin
Authority.
San Juan Basin Authority does hereby agree that it will not
unreasonably withhold such consent.
Dated: 'p
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
TRUSTEES OF CENTRAL STATES,
SOUTHEAST AND SOUTHWEST AREAS
PENSION FUND
Ll Burke, as Vice President
Vi for Palmieri and Company
porated, acting pursuant to a
resolution of the said Trustees
Its Attorney -in -Fact
on this, the I day of 1978, before me, a Notary Public,
the undersigned officer, personally appeared Julian Burke, known to me or
satisfactorily proven to be the person whose name is subscribed as attorney-
in-Vact for the Trustees of Central States, Southeast and Southwest Areas
Pension :uod, and acknowledged that he executed the foregoing Deed as the
act of his principal for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
OFFICIAL SEAL
LA H. MARTINEZPUBLIC • CALIFORNIA
ANGELES COUNTY
. expires MAR 23, 1982w
-2-
Notary Public
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BK 12846ec 975
EXHIBIT "A"
Parcel No. SJBA-R-7720-27-2.02
Those portions of Sections 26, 35 and 36 in Township 7 South, Range 8 Nest,
S.B.M., in the County of Orange, State of California described as follows:
A strip of land 40.00 feet wide, the Easterly line of which is described
as follows:
Beginning at the intersection of a line parallel with and Southerly 40.00
feet from the most Southerly line of the land described as Parcel I in the
deed recorded in Book 596, Page 50 of Official Records of said Orange
County with the Southeasterly prolongation of that certain course shown
as N 42'27'00" W 399.01 feet on the Easterly line of the 923.8 acre parcel
shown on a map filed in Book 53, Pages 17 and 18 of Record of Surveys in
the office of the County Recorder of said County;
thence Ilortherly along said prolongation and the following courses in said
Easterly line;
N 41'40'50" 41 442.32 feet;
N 1021'20" 11 635 feet;
N 11034'05" 1•1 857.29 feet to the beginning of a tangent curve concave East-
erly and having a radius of 100.00 feet;
thence Northerly and Northeasterly along said curve an arc length of
146.11 feet through a central angle of 83042'45" to a tangent line;
thence N 72°08'40" E 57.72 feet to the beginning of a tangent curve concave•
Northwesterly and having a radius of 200.00 feet; thence Northeasterly
along said curve an arc length of 167.55 feet through a central angle of
48000'00" to a tangent line;
thence N 24'08'40" E 165.03 feet;
N 15006'40" E 213.00 feet;
thence leaving said Easterly line, N 20°11'15" 4I 67.10 feet;
thence H 10°55'17" E 59.54 feet;
N 1015'54" E 242.89 feet;
N 20025'39" W 288.90 feet;
N 0012'09" E 325.95 feet;
N 21035'58" 1.1 268.37 feet;
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• EXHIBIT "A" (continued)
aK 1 2346p 976
N Z1043'05" W 346.10 fent to said Easterly line;
thence continuing along said Easterly line N 5455'50" 11 575.07 feet;
N 83023'50" !4 347.39 feet to the beginning of a tangent curve concave
Easterly and having a radius of 80.00 feet; thence Westerly, Northerly
and Northeasterly along said curve an arc distance of 184.52-feet'through
a central angle of 132'09'00" to a tangent line; thence
N 48'45'10" E 327.62 feet;
N 3038'46" W 1185.22 feet;
N 21054'20" W 228.35 feet;
14 0'54'10" E 1200.54 feet to a point in the South line of the Northeast
1/4 of Section 26, Township 7 South, Range 8 hest, S.B.M., thence S 8903060i
E 3.00 feet to a point, said point being the intersection of the South
line of said Northeast 1/4 with the West line of the land described as
Parcel I in -a deed recorded in Book 344, Page 307 of Deeds, Records of.
said Orange County; thence N 0'59'47" E along said Westerly line, 307.12
feet_
Excepting therefrom the following described strip. of land 40.00 feet in'
width. lying Westerly of the Westerly line of the Easterly 40.00 feet
of the hereinbefore mentioned 923.8 acre parcel, said 40.00 foot strip
lying Westerly of the following described line;
Beginning at the Northerly terminus of that course hereinbefore described
as "N 15006'40" E 213.00 feet;"
thence leaving said Easterly line, N 20*11'15" W 67.10 feet;
thence N 10'55'17" E 59.54 feet;
11 1015'54" E 242189 fest;
11 20025'39" W 288.90 feet-,
rl 012109" E 325.95 feet;
N 21035'58" W 268.37 feet;,
N 27043"00"' 14 346.10 feet to an angle point in the Easterly line of said
923.8 acre parcel.
Containing 6.543 acres herein. — ----- ---
BK 12846Pc 977
C E R T I F I C A T E
The undersigned, being the duly appointed agent of
the SAN JUAN BASIN AUTHORITY, a public corporation, Orange
County, California, pursuant to its Resolution No. 77-10-1,
does hereby accept on behalf of said Authority the grant
of all interests in real estate for public purposes as
described in the attached Grant of Easement or Grant Deed
dated the 18th day of July , 1978, by and between
the SAN JUAN BASIN AUTHORITY and TRUSTEES OF CENTRAL
STATES. SOUTHEAST AND SOUTHWEST AREAS PRNSTnN FTTND
and does hereby certify that the grantee consents to the
recordation of said grant.
DATED: August 4 1 1978.
SAN JUAN BASIN AUTHORITY
By �ir�--cam z � +�
Warren W. Wilson, Secretary
(SEAL)
After Recordation Return to:
FRITZ R. STRADLING
STRADLING, YOCCA, CARLSON & RAUTH
Post Office Box 7680
Newport Beach, California 92702
(PARCEL SJBA-R-7720-27-2.02)
dig
0
2331'7
,--' PrPT
C9
D14E1N RECORDEO MAIL TO:
San Juan Basin Authority
c/o tloodside/Kubota E AssociaLIS, Inc.
2415 South Birch Street I
Santa Ana, California 92707
MAIL TAX STAT6tIENTS TO:
San Juan Basin Authority
P. 0. Box 967
San Juan Capistrano, Calif. 92675
aK 12845pc 978
RECORDED 'AT REQUEST (36
TITLE IHS. & TRUST CO.
IN OFFICIAL RECORDS OF
ORANGE f n :"Ty. CALIFORNIA
s c)., M SEP 19 1978
LEE A. V,. NCH, Cpu'ly do:order
THIS LIV= FOS+ P=COROj;,•S US=
CC OU,MEIVTAAY TRA.SS;:cR TAX none
Campulad on Ne eom:d,ndon or valva of properly I n... .,
-.-. Compuzad on -ha co ;:d,ration orvaioa taystlem or encum
r_mainim a[ limy of Sala.
CIA
GRANT DRED
FOR A VALUASLE CONSWERATION, receipt of which is hereby acknowledged,
Trustees of the Central States, Southeast. Southaest Areas Pension Fund
hereby GRANT(S) to SAN JUAN BASIN AUTHORITY, a public corporation, the real propert,
in the County of Orange, State of California, described as
A perpetual nonexclusive easement and right of [day for water
transmission purposes, including, specifically, but not by way of limitation, the
right to lay, construct, reconstruct, remove and replace, renew, inspect, maintain,
repair, improve,, relocate and otherwise use water pipeline or pipelines, together
with incidental appurtenances, connections and structures in, over, under, upon,
along, through and across, the real property hereinafter described_
Said easement shall lie in, over, under, upon, along, through
and across such certain real property situated in the County of Orange, State a,-
California,
fCalifornia, described in Exhibit "A" attached hereto and by this reference in—
corporated herein, together with the right to enter upon and to pass and repass
over and along said strip of land for the construction, operation and naintenerce
of the facilities to be constructed in said easement by San Juan Basin Authority.
Exhibit 3
f�iGrL .;✓.rJa--.�2•�:�� moi-- ,
• BK ! 2345?c 979 ----
It iJowerstood and a;re_d that tho1-iiienLs and right ut w,ly
acquired herein are acquired subject to the right of the owner, their successor
and assigns to use the surface of the land within the boundary lines of such ease-
ments and rights of way to the extent that such use is compatible in th the full
and free exercise of said ease-.ent and rights of way by the San Juan Basin Authority,
provided however, that no streets, alleys, roadways, fences, blockwalls, or other
structures or other improvements shall be constructed upon, over, and along said
easement and right of way without first obtaining the consent of San Juan Basin
Authority.
No fill shall be placed or maintained over the surface of the
ground, nor shall any earth be removed from the cover of said pipeline after
construction without first obtaining the written approval of San Juan Basin
Authority.
San Juan Basin Authority does hereby agree that. it will not
unreasonably withhold such consent_
Dated: Ig I q I U
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
TRUSTEES OF CENTRAL STATES,
SOUTHEAST AND SOUTHWEST AREAS
PENSION FUND
By Qk a4l-
J lia Burke, as Vice President
o V'ctor Palmieri and Company
Incorporated, acting pursuant to a
resolution of the said Trustees
Its Attorney -in -Fact
A /7
On this, the Ze day of 1978, before me, a Notary Public,
the undersigned officer, personally appeared Julian Burke, known to me or
satisfactorily proven to be the person whose name is subscribed as attorney-
in -fact for the Trustees of Central States, Southeast and Southwest Areas
Pension Fund, and acknowledged that he executed the foregoing Deed as the
act of his principal for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
i...., .
OFFICIAL SEAL
DALIA H. MARTfNEZ
NOTARY PUBLIC CALIFORNIA Notary Public
LOS ANGELES COUNTY
My comm. expires MAR 23, 1982
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Parcel No. SJOA—R-7720-27-2.10 8K 12846Pc 980
Those portions of Sections •s5 and 36 in Township 7 South, Range 8 West,
S.B.M., in the County of Orange, State of California described as follows:
A strip of land 40.00 feet nide, the Easterly line of iihich is described
as follows:
Commencing at the intersection of a line parallel with and Southerly 40.00
feet from the most Southerly line of the land described as Parcel 1 in the
deed recorded in Book 595, Page 50 of Official Records of said Orange
County with the Southeasterly prolongation of that certain course shown
as N 42027'00" 14 399.01 feet on the Easterly line of the 923.8 acre parcel
shown on a map filed in Book 53, Pages 17 and 18 of Record of Surveys in
the office of the County Recorder of said County;
thence Northerly along said prolongation and the following courses in said
Easterly line;
N 41040'50" W 442.32 feet;
N 1021'20" W 635.00 feet;
N 11034'05" W 857.29 feet to the beginning of a tangent curve concave East-
erly and having a radius of 100.00 feet;
thence Northerly and Northeasterly along said curve an arc length of
146.11 feet through a central angle of 83042'45" to a tangent line;
thence N 72'08'40" E 57.72 feet to the beginning of a tangent curve concav
Northwesterly and having a radius of 200.00 feet; thence Northeasterly
along said curve an arc length of 167.55 feet through a central angle of
48000'00" to a tangent line;
thence N 24'08'40" E 165.03 feet;
N 15006'40" E 213.00 feet to the true point of beginning;
thence leaving said Easterly line, N 20'11'15" W 67_10 feet;
thence N 10°55'17" E 59.54 feet;
N 1015'54" E 242.89 feet;
N 20025'39" W 288.90 feet;',
N 0012'09" E 325.95 feet;.
N 21035'58" 4! 268.37 feet;
----- -- _ -= - - __- _ ._-� _ ... - -ter-...:....' �,::�:�
ax 12846Pc 982
C E R T I F I C A T E
The undersigned, being the duly appointed agent of
the SAN JUAN BASIN AUTHORITY, a public corporation, Orange
County, California, pursuant to its Resolution No. 77-10-1,
does hereby accept on behalf of said Authority the grant
of all interests in real estate for public purposes as
described in the attached Grant of Easement or Grant Deed
dated the 18th day of July
, 1978,
by
and between
the SAN JUAN BASIN AUTHORITY and
TRUSTEES
OF
CENTRAL
STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND
and does hereby certify that the grantee consents to the
recordation of said grant.
DATED: August 4 1978.
SAN JUAN BASIN AUTHORITY
By L/ f cz �-. !�• [�/fir .�
Warren W. Wilson, Secretary
(SEAL)
After Recordation Return to:
FRITZ R. STRADLING
STRADLING, YOCCA, CARLSON & RAUTH
Post Office Box 7680
Newport Beach, California 92702
(PARCEL SJBA-R-7720-27-2.10)
1
WHEN RECORDED MAIL TO:
San Juan Basin Authority
c/o Woodside/Kubota &
Associates, Inc.
501 West Dyer Road
Santa Ana, California 92707
MAIL TAX STATEMENTS TO:
San Juan Basin Authority
Post Office Box 967
San Juan Capistrano, CA 92675
)
)
)
AF;(�141PT
et
) Above For
faECOROINc kEQUFSTFD sY.
FIRST AKRICM iill.ir Lj& C,
fi'iCOR1jc"0 IN OFFICIAL RFCOR09
OF ORANCE COUary. CALIFORNIA
-3 5� P1M AL 19 '82
aU A, t.MANM, ulinf RECC, ew
Recorder's Use Ont
THIS DOCUMENT RECORDED FOR THE
BIiNEFIT OF SAN JUAN BASIN AUTHORITY
AND THE RECORDING FEE EXEMPT UNDER ,
SECTION 6103 OF THE GOVERNMENT CODE
GOVERNMENT AGENCY - EXEMPT -- NO 1
CONSIDERATION
By
Woodside/Kutota & Associates, Inc.
NO CONSIDERATION
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, BATHGATE & BLTHGATE_, a general partnership ("Owner"),
hereby grants to SAN JUAN BASIN AUTHORITY, a public corporation, the
real property in the City of San Juan Capistrano, County of Orange,
State of California, described as:
A perpetual nonexclusive easement and right of way for a pump
station, water barrier, water transmission pipelines and other water
fac:ilitias, including, specifically, but not by way of limitation,
the right to lay, construct, reconstruct, remove and replace, renew,
inspect, maintain, repair, .improve, relocate and otherwise use water
well.., water pipeline or pipelines, together with incidental appurte-
nances, connections and structures in, over, under, upon, along,
through and acrdss, the real property hereinafter described.
said easement shall lie in, over., under, upon, along, through
and across; such certain real property situated in the County of
Orange, State of California, described in Exhibit "A" attached
hereto and by this reference incorporated herein, together with the
right to enter upon and to pass and repass over and along said strip
of land for the construction, operation and maintenance of the
EaciLitins to be constructed in said easement by San Juan Basin
Authority.
It is understood and agreed that the easements and right of way
acquired herein are acquired subject to the right of the Owner,
L.heir :;uceessor and nss:idns, to use the surface, oC the land within
LILO I,,:Munda l'y I,inOt; of 1;ueh ca:;emeuL aucl ri.,ll,t:: of.` way Lo the extent
I.hd C. such use is conlpatibLe with the Cull and free exercise of said
cavement and rights of way by the San Juan Basin Authority, provided
however, that no streets, alleys, roadways, fences, blockwalls, or
other structures or other. .improvements shall be constructed upon,
over, and along said easement and H QI; of way without first obtain-
iucl Lhe consent of San Juan Basin Author:i_Ly.
No fill shall be placed or maintained over the surface of the
ground, nor shall any earth be removed from the cover of said pipe-
line after construction without first obtaining the written approval
of: San Juan Basin Authority.
San Juan Basin Authority does agree that .it will not unreasonably
withhold such consent.
`;an Juan Bassin Authocity agrees to fence the pump station in a
manner that will not interfere with owner's use of its adjoining
property.
Exhibit 4
0
?-249 .,
San Juan Basin Authority agrees that the Owner may relocate the
Pump station to be located within the easement to a location mutually
agreeable to the Owner and the San Juan Basin Authority if such pump
station interferes with the future development of the Owner's prop-
erty. In such event, the Owner will grant to the San Juan Basin
Authority a new easement and the San Juan Basin Authority will quit-
claim tha easement hereby granted.
San .Tuan Basin Authority further agrees to remove the pump
station and appurtenant facilities and quitclaim the easement hereby
rlr.anted i_n the event that the San Juan Basin Authority abandons use •�`��
!'! of the pump station. Abandonment shall be presumed if the San Juan y11I/
in Authority does not use the pump station for a period of-t4ke&e7 oNF 9
(j� ( year,. After the pump station has been abandoned, the San Juan
Basin Authority will remove the facilities and return the easement
to its present condition.
DATED: I,i l�.i /(( .
BATHGATB & BATHGATL'
A General Partnership
James C. Bat gate
William A. BatlVte
By
Patricia A. Bathqate
By
Mary V. Beran
STATE OF CALIFORNIA )
ss.
COUNTY OF
On %(ori" fi- .1.982, before me, the undersigned, a Notary
Public in and for said State, personally appeared JAMES, C. BATHGATG
known to me to be one of the partners of the partnership that
executed the within instrument and acknowledged to me that such
partnership executed the same.
WITNESS my hand and official
rpt vi'�.•ir'1."f'�F�"'L;C��''.%lr:!'�.�i<.�i•%i�i+�°'ui��•'1
't� ✓•...._..:'+� '0MCIAL :FAL g•
F Fn HVINGSTON l
Irv)1'ur 1:n1tu Cht 11 0:011A i•l
p �.• .iy Cumulisvnn Fxp. f)n.75.1987 I 1
I,:>"..`•+;:i+:w�:Jo,w:'",.M:-]d:?{�+.•E:Yf1rL'Sit��LY`PIS:S•P,:!8:9
(NOTARIAL SLAL)
seal.
Notary Public in and for said
County and State.
G,'-249320
1 Parcel SJ8025 - 1.0
I
2,That portion of the southwest one-quarter of the northwest one-quarter of
Il
3 ,Section 2.5, Township 7 South, Range 8 West, San Bernardino Meridian in -
4: the City of San Juan Capistrano, County of Orange, State of California,
r
c
;!;according to the Official Plat filed in the District Land Office, described
I
G *as follows_
i
li
7i; Commencing at the intersection of the south line of the land formerly
8•," owned by Levi Gockley with the west line of said Section 25 as said
intersection is shown on a Map filed in Book 90, Page 45 of Record
10; of Surveys in the office of the County Recorder of said Orange County;
III thence S 880 36' 06" E 113.94 feet to the true point of beginning;
1
12. thence continuing S BB° 36' 06" E 20.00 feet; thence S 1' ?_3' 54" 11
13 20.86 feet; thence S 43° 36' 06" E 16.85 feet; thence S 88° 36' 06" F_
I
14� 63.28 feet to the westerly R/IJ line of the Atchison, Topeka and Santa
15 Fe Railway Right -of -Way; thence along said right-of-way, S B° 07' 10" W
1G 55.00 feet; thence parallel with the hereinabove cited course having a
17bearing and distance S 88" 36' 06" E 63.28 feet, N 88' 36' 06" W 52.00
i
18I feet; thence N 30* 51' 07" W 68.68 feet to a line that is parallel with
191 and distant 20.00 feet westerly from the hereinbefore cited course
I
20 having a bearing of S 1° 23' 54" W; thence N 1' 23' 54" E 29.14 feet to
21i the true point of beginning.
2I
21
I
24
25I
I;
2G.
11
27 �
EXHIBIT "A"
28
Sheet 1 of 2
0
STATE OF CALIFORNIA
COUNTY OF
62µ2+:3s'! 9
On "'� �:vL= /L, 1982, before me, the undersigned, a Notary
PnbliC in and for said State, personally appeared WILLIAM A.
BATHGATE ]mown to me to be one of the partners of the partnership
that executed the within instrument and acknowledged to me that such
partnershi-p executed the same.
WITNESS my hand and official
1,:1 •"� +� OFFICIAL SEAL
E. ROBB LIVINGSiON ?'
9 N07.0 YRIf11.IC—(>ALWORNIA
a:.
C..:I,ANi,c CUUN I I F.r1
GY Cmnml.s!un OP. Uec.25.1983
(NOTARIAL SEAL)
sea 1.
Notary Public in and tbr said
County and State.
STATE OI' CALIFORNIA )
COUNTY OF
On -,JUNI-1� 1982, before me, the undersigned, a Notary
Public in and for said State, personally appeared PATRICIA A.
11ATHGATE known to File to be one of the partners of the partnership
that executed the within instrument and acknowledged to me that such
partnership executed the same.
WITNESS my hand and official seal.
(NOTARIAL SEAL)
STATE OF CALIFORNIA )
ss.
COUNTY OF O,2rte: )
Notary Public in and for said
County and State.
On J,n` C'f 1902, before me, the undersigned, a Notary
Public in and for said State, personally appeared MARY V. RERAN
Known to me to be one of the parLners of the. partnership that
executed the within :instrumeuL and acknowledged to me that such
partnership executed the same.
WITNESS my hand and official seal.
1'31:'i e'"✓,':.:Y:.'::e�,:i;Yn`.^.�;:�';?`S�i;:9Ywy$vi3'i
({ � ,•. I'11:NCIPAL 0H u,E IN lip
ORANU. GUUNFY (fll
'1 'I,• _' •'•',SAI P'7 Grewi,�ion (xp. (idc.25,1933 E7
(Notarial Neal)
Notary Public in ant for said
County and State.
OFFICIAL SE,L
LIVIMGSTON
x'+ �
;�. `; uU1:iI: {'u6L1U�CALLFU(INIA
n:;ura,I OFFcIE IN
uIt.viCe COON rY
tlec,?5, 19.3
(NOTARIAL SEAL)
STATE OF CALIFORNIA )
ss.
COUNTY OF O,2rte: )
Notary Public in and for said
County and State.
On J,n` C'f 1902, before me, the undersigned, a Notary
Public in and for said State, personally appeared MARY V. RERAN
Known to me to be one of the parLners of the. partnership that
executed the within :instrumeuL and acknowledged to me that such
partnership executed the same.
WITNESS my hand and official seal.
1'31:'i e'"✓,':.:Y:.'::e�,:i;Yn`.^.�;:�';?`S�i;:9Ywy$vi3'i
({ � ,•. I'11:NCIPAL 0H u,E IN lip
ORANU. GUUNFY (fll
'1 'I,• _' •'•',SAI P'7 Grewi,�ion (xp. (idc.25,1933 E7
(Notarial Neal)
Notary Public in ant for said
County and State.
•
N
scllz ZOO
,eo go - 45
TPOID
E Xi111-31 /*
20�SJBF,� ESMT_
fj8'Jo J� !4/
20.00
'82-249329
E)f3�.36'06""E.
Z
--
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r'RrPnRIT FOR*
SAN JUAN BASIN ALITNORITY
I,, o, i o x 967
h
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20.00
'82-249329
E)f3�.36'06""E.
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r'RrPnRIT FOR*
SAN JUAN BASIN ALITNORITY
I,, o, i o x 967
62-249329
C E R T I F I C A T E
The undersigned, being the duly appointed agent of the SAN JUAN BASIN AUTHORITY,
a public corporation, Orange County, California, pursuant to its action taken in
session on May 25, 1982, does hereby accept on behalf of said Authority thB grant
of all interests in real estate for public purposes as described in the attached
Grant of Easements dated the 14th day of June, 1982, by and between the SAN JUAN
BASIN AUTHORITY and BATHGATE & BATHGATE, and does hereby certify that the
grantee consents to the recordation of said grant.
DATED: July 8, 1982
SAN JUAN BASIN AUTHORITY
By
R. D. Woodside
(SEAL)
After Recordation Return to:
San Juan Basin Authority
c/o P(oodside/Kubota & Associates, Inc.
501 best Dyer Road
Santa And, CA 92707
[sy"
,WHEN RECORDED ,MAIL TO:
CHARLOTTE THOMAS
Rutan & Tucker
401 Civic Center Drive West
Santa Ana, California 92701
NIAIL TAX STATEMENTS TO:
San Juan Basin Authority
P. 0. Box 967
San Juan Capistrano, Calif. 92675
33048
S
EMPT
10
RECORDED AT REQUEST OF
TITLE IWS. & TRUST CO.
IfJ OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA
8:00A.M. Nov 28 1-977
WYLIE
SPACE ABOVE THIS LINE FOR R_CORO=R•S USE
DCCLINIENTARY TRAPSFER TAX S NTUE
__.Computed on the eomiderl,don orva:ua of opzry comayad; OR
--Computed on the eonsidxztion orva:ue Itss liens or encurnbranom
remaining at time of :ale.
signature of Oacixarrt or T'sw*t det,nninirrj1-a;--Flr Norse
90 637-082-1 �ti TS
EASEMENT �.
GrRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
John C. Crean and Donna S. Crean, Husband and Wife as Joint Tenants
hereby GOA.i•1T(3) to SAN JUAN BASIN AUTHORITY, a .public corporation
r -
the real property in the City of
Coun,/ of . Orange , State of California, described as
A perpetual nonexclusive easement and right of way for LJater transmission
purposes, including, specifically, but not by way of limitation, the right to lay,
construct, reconstruct, remove and replace, renew, inspect, maintain, repair, improve,
relocate and otherwise use water pipeline or pipelines, together with incidental appurt-
enances, connections and structures in, over, under, upon, along, through and across,
the real property hereinafter described.
Said easement shall lie in, over, under, upon, along, through and across such
certain real property situated in the County of Orange, State of California, described .
in Exhibit "A" attached hereto and by this reference incorporated herein, together with
the right to enter upon and to pass and repass over and along said strip of land for
the construction, operation and maintenance of the facilities to be constructed in said
easement by San Juan Basin Authority. ----�
It is understood and agreed that the easements /dright of way acquir
herein are acquired subject to the right of the own their successor and as-
signs to use the land within the boundary lines of such easements and rights of
way to the extent that such use is compatible with the full and free exercise c
said easement and rights of way by the San Juan Basin Authority, provided howe�
that no fences, blockwalls, or other structures or other improvements other the
roads shall be constructed upon, over, and along said easement and right of way
without first obtaining the consent of San Juan Basin Authority.
10191, C. 19. )al
,(Corporation)
STATE OF CALIFORNIA
BK 12462P9 458
r the -surface
JTITLE INSURANCE
ANDTRUST
COUNTY OF GRANGE } SS. Anmacouwar
Orf NtL__NoAL MbE�r$1�771977 7 before me, the undersigned, a Notary Public in and for said
State, personally appeared--HUCUUCiFL-sL .-ANION
_Imawnz�mlr,Qbe-ttte—_ _-__--------------rreneem-ane_ -------------------
known to me to be_ Aaa;La'_aT]t __Secretary
of the corporation (hat executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the T OFFICIAL SEAL
within instrument pursuant to its by-laws or a resolution of
N( xY MAK �NFELD
h1. LPA 1L
its board of directors. {r' NOIARr PORLIC— CALIFORNIA
WITNESS my handand "IIICI:II Seal. �� PRINCIPAL OFFICE IN
My Commission Erpirrs hme 28. 1980
Signature Al"
UDUUU lIANE-M--LANGENF�T.iD-
(This area for othdal nourial scall
XJ '/ 0-/X-Iz f .0
of the ground,
r constructi
itten approt
it unreasonat
SS
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2
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7
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11
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14
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17
18
19
201 21
22
23
24
25
26
27
28
29
301
31
32.
0 • BK 12469PG 459
EXHIBIT "A"
Parcel 1
That portion of Section 25, Township 7 South, Range 8 blest, S.B.M., in the
County of Orange, State of California, described as follows;
A strip of land 20.00 feet wide lying 10.00 feet on each side of the -following
described centerline;
Beginning at a point in the Southerly line of the land shown on a
map filed in Book 90, Page 45 of Records of Surveys, Records of said County
of Orange, said line having a bearing and distance of N 88036'06" W 59.06
feet, said point being distant S 88036'06" E 10.52 feet from the Westerly
terminus of said line; thence N 8'58'45" E 1340.00 feet; thence N 1°06'07" E
261.13 feet -to a point in the Northerly line of said land, said point being
distant :-lest 80.82 feet from the Northeast corner of said land.
The sidelines of said strip of land shall be lengthened or shortened
to terminate in the Northerly and Southerly lines of said land.
Parcel 2
That portion of Section 26, Township 7 South, Range 8 West, S.B.M., in the
County of Orange, State of California, described as follows;
A strip of land 40.00 feet wide lying Westerly of the following described
line;
Beginning at a point in the Westerly line of the lands described
as Parcel 1 in the deed recorded in Book 344, Page 307 of Deeds, Records of
said Orange County distant S 059'47" W 655.00 feet from the most Ilesterly
Northwest corner thereof; thence N 0°59'47" E 675.00 feet along said
Westerly line and its Northerly prolongation.
Parcel 3
That portion of Section 25 and 26, Township 7 South, Range 8 West, S.B.fl.,
in the County of Orange, State of California, described as follows;
A strip of land 20.00 feet wide lying Northerly of and adjacent to the North
line of the land described as Parcel 1 in the deed recorded in Book 344,
Page 307 of Deeds of said Orange County.
BK 12469PG 460
1 Parcel 4
2 That portion of Section 25, Township 7 South, Range 8 West, S.B.M., in the
3, County of Orange, State of California, described as follows;
4� Beginning at the intersection of the Westerly line of the hereinbefore
5 described Parcel 1 with the Northerly line of hereinbefore described Parcel 3;
6 ! thence N 8°58'45" E along the Westerly line of said Parcel 1, 20.00 feet;
ryII 1 thence Southwest to a point in the Northerly line of said Parcel 3 distant
8I1 N 88036'06" W 20.00 feet from the point of beginning; thence S 88036'06" E
911 20.00 feet to the point of beginning.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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BK 12469P5 462
CERTIFICATE OF SECRETARY
The undersigned, being the duly appointed agent of
the SAN JUAN BASIN AUTHORITY, a public corporation, Orange
County, California, pursuant to its Resolution No. 77-10-1,
does hereby accept on behalf of said Authority the grant of
all interests in real estate for public purposes as described
in the attached Grant of Easement or Grant Deed dated the
18th day of November , 19 77, by and between
the SAN JUAN BASIN AUTHORITY and JOHN C. CREAN AND DONNA S,
CREAN husband and c i fpgS jni t t
and does hereby certify that the grantee consents to the re-
cordation of said grant.
DATED: November 23 , 1977
SAN JUAN BASIN AUTHORITY
Byv
(SEAL)
After Recordation Return to:
CHARLOTTE THOMAS
c/o RUTAN & TUCKER
P.O. Box L976
Santa Ana, California 92702
S'�rr
'A EM (t•r_CCFADED i.l AfL TO:
San Juan Basin Authority
c/o I%lodside/Kubota Yt Associates, Irl
50l 1,6st.Dyer Road
Sant Ani, California 92707
P.IAII_ TAX STATEOdtNTS TO:
San Juan Basin Authority
P. 0. Box 967
San Juan Capistrano, Calif. 92675
APff 637-082 - 35 _ ORIGINAL
2G70�,_
EXEP/iPT
CI _
Free Recardi rW Requee
Essontiel to . _uIski n xqulskim
G v. C_ -de 6103
• 6^ 13440 Po 1 6Q4 -
RECORDED AT REQUEST Uji
TITLE ITIS. & TRUST CO.
IN OFFICIAL RECORDS OF
ORANGE_ Co'[N(Y. CALIFORMA
DEC 20 '1979
LE, A. BRANCH, County Recorder
SPACE AnOVF THIS LIN=_ rO:a Pz CD9DzWS u5=
CCCU.'A_i,iIARY Tri' `SEER TAX S__ .10.,l
Computed on tSa cans;[.: rasion or,a:uuof propareyeor ry,d; OR
...... Computed on the comiG>raton or v,:ua Ina Aim or eocumbnnca,
remaining at tine of s31 e.
Sip n.tu r. of DFJY-Iz or Ai1tt G.:,c+i nine nA — Firm -Nam•
EASEMENT
GiRAiN I DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby ac<nowieeg_d,
John C. Crean and Donna S. Crean, Husband and !life as Joint Tenants
h2reby GRANT (S) to SAN JUAN BASIN AUTHORITY, a public corporation
the real property in the City of "� ✓i' iN< <�.t"r'dr=j/%t j
County of Orange, State of California, d, b -d a
A perpetual nonexclusive easement and right of tray for water transmission
purposes, including, specifically, but not by way of limitation, the right to lay,
construct, reconstruct, remove and replace, renew, inspect, maintain, repair, improve, O
relocate and otherwise use water pipeline or pipelines, together with incidental appurt-
enances, connections and structures in, over, under, upon, along, through and across,
the real property hereinafter described.
Said easement shall lie in,, over, under, upon, along, through cnd across such �-
certain real property situated in the County of Orange, State of California, described'a"'
in Exhibit "A" attached hereto and by this reference incorporated herein, together with tt
the right to enter upon and to pass and repass over and along said strip of land for 1� t
the construction, operation and maintenance of the facilities to be constructed in said I
easement by San Juan Basin Authority. �^
�r
It is understood and agreed that the easements and right of ctay acquired
herein are acquired subject to the right of the owner, their successor and assigns to r
use the surface of the land within the boundary lines of such easements and rights of tray
to the extent that such use is compatible with the full and free exercise of said ease-
ment and rights of way by the San Juan Basin Authority, provided however, that no streets,
lleys, roadways, fences, blockwalls, or other structures or other improvements shall be
constructed upon, over, and along said easement and right of way without first obtaining
the consent of San Juan Basin Authority.
No fill shall be olaced or maintained over the surface of the ground, nor shall
any earth be removed from the cover of said pipeline after construction .fithout first
obtaining the written approval of San Juan Basin Authority.
San Juan Basin Authority does hereby agree that it will not unreasonably with-
hold such consent.
D to
SFAT2 c:= CALIFOFtVIA 1 '
111
,zz Z2i
On
ba(orr ma, th_ underirnw1, a rlotary Public in and for said
Statr, c0n:Jly appta,gd
Yeu n [o rn. to b- he ptrnn
....r. :I n, t1 , r.i:idn in:Ys�rn :•nt and . _ .nn.vli5•KI [hat
.�na
i
QIL
Exhibit 6
nna S. Crean
r OFFICIAL SEAL �
n'u� HAMS n S nrry.AUCHE
v u!•'l
ROTdHY PUfiiIC—CA -IFORNIA o
e t: •.r PRINCIPAL OFFICE IN o
o \ 171MIGF Li)IRIIY o
r
rly Comn.isu>n Ex;,irc:: June 10, 1983 0
•���: H.�10l��Iro����♦♦�:r Ham♦
lTr... .,.. t>. ort-" noe>.:.: .a.O
,
1
2
3
4
5
61
7
8
9
! 10
11
12
13
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15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
L9
0
BK 13440 PG 1 005
Parcel-SJBA-R-7720-1.01
That portion of Section 25, Township 7 South, Range 8 I -lest, S.B.M., in the
County of Orange, State of California, according to an Official Plat of
said land filed in the District Land Office, described as follows:
A strip of land 20.00 feet wide lying 10.00 feet on each side of the
following described centerline:
Commencing at a point i,n the Southerly line of the land shown on
a map filed in Book 90, Page 45 of Records of Surveys, Records of
said County of Orange, said line having a bearing and distance of
N 88036'06" W 59.06 feet, said point being distant S 88°36'06" E
10.52 -feet from the Westerly terminus of said line; thence
N 8058'45" E 1340.00 feet to the true point of beginning; thence
N 5028'28" E 252.28 feet to a point distant 10.00 feet Southerly
from and parallel with the Northerly line of said land; thence
East 60.40 feet along said parallel line to the Easterly line of
said land.
The sidelines of said strip of land shall be lengthened or shortened to
terminate in the Easterly line of said land.
EXHIBIT "A"
BK\ 13440 Pp 1 GG6
C E R T I F I C A T E
The undersigned, being the duly appointed agent of the
SAN JUAN BASIN AUTHORITY, a public corporation, Orange County,
California, pursuant to its Resolution No. 77-10-1, does hereby
accept on behalf of said Authority the grant of all interests
in real estate for public purposes as described in the
attached Grant Deed dated the 23rd day of October, 1979, by and
between the SAN JUAN BASIN AUTHORITY and JOHN C. CREAN AND
DONNA S. CREAN, and does hereby certify that the grantee con-
sents to the recordation of said grant.
DATED. December 18, 1979.
SAN JUAN BAASIN AUTHOR/ITY
Byv
Fritz R./Stradling
F. R. STRADLING
Stradlipg, Yocca, Carlson & Rauth
Post Office Box 7680
Newport Beach, CA 92660
••'.-, (mit ____ ea.c�cd :h. s.m v.
uy h`nd and (INIC-31
n'tnrn„e ..........1983
♦June 10,
♦ pAy l:Onlfi�lS-iJn ExVirc.
♦ ♦�1J♦♦1♦♦♦♦♦♦�♦♦moi♦�a♦♦
0
AOIWY- d.Osar davits
d Gfds
W®V RECORD® MAIL TO:
R.bM WWI a Esq.
SlRADUO, YOCCA. CAM" A RAM
W N.Wpae Carer W". Sim I600
N.wp.R B.A. cAda.: 9MM14UI
Mau TY SMmem w
Sr Jew Bade Amlalp
mm Bodo V146 Rood
Sas Juan CAWXMI% CA am
0
DOC N 5-42
27—MAR-9995203959 PM
bvcomm in QNiciil ho ft
0t 8rW00 CRats, Glifornia
6�r9 L. 6rmdil1. Clan -R me h,
Paz 1 of 0 isms 0 26.00
lana 1 0.00
JUDGMFM DV CONDEMAT[ON
(Caw No. 642817)
Exhibit 7
0 0
PALMIERI. Tn=' WIENER, MII]f X i KA DRON
/
�...
Angela J. Palmieri, BBN 26148
Gary C. Weisberg, BBN 132092 i
Suite 1300 - Hast Tower
FILED
2603 Main Street
OMMOECOum'EUrIs44C0Vm
Irvine, California 92714
(714) 951-7292
FEB..' 2 105
Attorneys for Defendants Henry H. Hsiac and
aw SUM.&MOR MOM
Chou -Mei Y. Hsiao
w �
by a Tow;:
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
SAN JUAN BASIN AUTHORITY, a ) CASE NO. 642817
public agency, )
(Parcels You. 3A, 4A, 5A, 3B,
Plaintiff, ) 49 and 5B)
V.
=MY H. HSIAO, and CHEU-MEI Y. )
EsiAo, individually and an )
Trustees of the HSIAO FAMILY )
TRUST dated January 27, 1990, )
MING CHUNG CHEM MING CHUNG )
CHH(, M.D.P.C., INC-, UNITED )
STATES REDHMPTION SERVICE, a )
California corporation, ORANGE )
PRODUCTION CREDIT ASSOCIATION, a)
corporation, PARR CREDIT )
SERVICES OF SOUTHERNCALIFORNIA,)
an Agricultural Credit )
Association, SOUTHERN CALIFORNIA)
PRODUCTION CREDIT ASSOCIATION, a)
corporation, DOES 1 to 50, )
inclusive, and all others )
unknown claiming an interest in )
said property, )
Defendants. )
I
Judge Leonard Goldstein
Department 25
tneeess) JUDOl M IN
O®ZMTIOH
Plaintiff San Juan Basin Authority ("plaintiff") and
defendants Henry H. Hsiac and Chou -Nei Y. Hsiac, individually and
as Trustees of the Hsiao Family Trust dated January 27, 1990
-SSTP P J {v
fy
1 ("defendants") having previously stipulated through their
2 respective attorneys of record to the facts, terms and conditions
3 not forth herein and have further stipulated that Judgment in
4 Condemnation may be entered herein between said parties with
5 respect to the real property described in plaintiff's first
6 amended Complaint and also have waived statement of decision,
7 notice of entry of judgment and final order in condemnation.
NOW THEREFORE, IT IS =MY ORDERED, ADJUDGED AND DECREED
AS FOLLOWS:
12 1. On or about April 2a, 1994 plaintiff filed its first
13 amended complaint in eminent domain to acquire certain real
14 property located in the City of San Juan Capistrano, county of
15 Orange, State of California, bearing Parcels 3A, 4A, 5A, 38, 4B
16 and 5B as described in plaintiff's first amended complaint
17 ('subject property"). The first amended complained named as
16 defendants the following individuals/entities: Henry H. Haiao,
19 and Chau -Nei Y. Hsiac, individually and as Trustees of the Minn
20 Family Trust dated January 27, 1990, Hing Chung Chan; Ming Chung
21 Chen, N.D.P.C., INC., United States Redemption Service, Orange
22 Production Credit Association, Pars Credit Services of Southern
23 California, Southern California Production Credit Association,
24 Does 1 to 50, inclusive, and all others unknown claiming an
25 interest in said property.
2. On November 26, 1990, plaintiff deposited with the
Clark of the Court, pursuant to Code of Civil Procedure section
-2-
i
L
0
0
y.
1 1255.010, the sum of $21,200.00 as the probable amount of
2 compensation to be awarded in the proceeding. Said deposit was
3 made for the benefit of all defendants claiming an interest in
4 and to the subject property. No portion of the deposit has been
5 withdrawn by any party.
6
7 3. The effective date of possession of the Court's Order
S for Possession is December 4, 1990.
4. Defendant Farm Credit Services of Southern California,
successor by merger of defendants orange Production Credit
Association and Southern California Production Credit Association
has filed a disclaimer of interest in the property which is the
subjact of this action.
5. On September 5, 1991, defaults were made and entered
171 against defendants Ming Chung Chen, Ming Chun Chen, M.D.P.C.,
181 Inc. and United States Redemption Service.
20 6. The uses and purposes for which the subject property
21 is condemned are public uses authorized by law and the taking
221 thereof is necessary for such public uses and purposes. The
23 project for which the subject property is condemned has been
24 planned and located in a manner which will be most compatible
25 with the greatest public good and the least private injury.
7. The agreed upon amount of compensation to be paid to
defendants for their interests in and to the subject property as
-3-
i specified herein is the aum of $99,000.00. This amount includes
2 the sum of $21,200.00 previously deposited with the Clark of the
3 Court pursuant to Coda of Civil Procedure Section 1255.010. This
4 sum is the full amount of compensation to be paid to defendants
5 and includes statutory interest, attorneys' fees, appraisers'
6 fees, costs and any other items of compensation to which
7 defendants are, or might be entitled to compensation in this
a case.
10 8. In addition to the payment as set forth above,
11 plaintiff shall also fix, at its sole cost, the portion of
12 defendants' sprinkler system on the subject property damaged
13 du irq construction of the project. In this regard, plaintiff
14 shall locate and excavate the termination of said sprinkler
15 system in the area immediately adjacent to Parcels 3A, 4A, 5A,
16 3B, 48 and 5B and, having located and excavated said termination
17 point, shall install an above -ground cap, so an to permit
18 flushing out of the sprinkler system. Plaintiff shall coordinate
19 with defendants so that the repair work as herein described may
20 be performed in defendants' presence and at their direction.
21 Barring unforeseen circumstances beyond plaintiff's control, this
repair work will be completed within sixty (60y days from the
date judgment is entered.
24
25 9. The payment of said sum of money to defendants and
26 repair work to defendants' sprinkler system as specified
27 hereinabove shall be in full payment for the subject property and
29 for all damages of every kind and nature suffered or to be
•' •
0
I by reason of the acquisition of said property and the
:tion and use of the project in the manner proposed by
It.
4
5 10, Upon payment of the Bum set forth above to defendants
6 and repair work for the benefit of defendants, the real property
7 described in plaintiff's first amended complaint shall be
a condsmnsd'in fee simple absolute to plaintiff and against
9 defendants Henry H. Hsiao, and cheu-Mei Y. Hsiao, individually
10 and as Trustees of the Rsiac Family Trust dated January 27, 1990,
11 Ming Chung Chen; Ming Chung Chen, M.D.P.C., INC., United States
12 Redemption Service, Orange Production Credit Association, Fara
13 credit Services of Southern California, and Southern California
14Production Credit Association for public use, to wit: for the
151 Lakefill Line Bypass Project as easements consistent with the
16 description contained in plaintiff's first amended complaint.
17 Moreover, the project having been completed, the temporary
1a construction easements described in plaintiff's first amended
i9 complaint as Parcel Noe. 18, 4B and 5B, shall terminate on the
2D data judgment is entered.
21
22 11, The payment of said sum of money specified hereinabove
211 shall terminate, cancel and extinguish all liens, leassholds and
241 encumbrances of whatever kind and nature held by defendants on
25 the subject property described in plaintiff's first amended
complaint.
-5-
1 12. The effective date of possession of the subject real
2 property is December 4, 1990. As such, all taxes, taxes, liens,
' 3 penalties and costs, if any, shall be terminated, cancelled and
4 extinguished as of December 4, 1990, pursuant to Sections 5081,
3 at seq. of the Revenue and Taxation Code. However, defendants
6 shall remain liable for payment of any such taxes and tax liens,
7 including penalties and costs, if any, which occurred prior to
8 December 4, 1990.
13. The Clark of the above -entitled Court shall make the
following payments from the funds on the deposit with the Court
as follows:
13 • The principal sum of $21,200.00 to Palmieri, Tyler,
14 wiener, Wilhelm 6 Waldron In Trust For Defendants Henry H. Haiao
and cbeu-Nei Y. Hsiao; and
16 • Any interest accrued on the court deposit to San Juan
17 Basin Authority c/o Robert C. Wallace, Stradling Yocca, Carlson 6
Rauth, P.O. Box 7680, Newport Beach, California 92660.
14. Plaintiff shall make a direct payment to defendants
Henry H. Haiao and Cheu-Nei Y. Kmiec in the sum of $77,800.00
within 30 days after entry of judgment. Said sum shall be mailed
to: Palmieri, Tyler, wiener, Wilhelm 6 Waldron, Attn: Gary C.
Weisberg, 2603 Nein Street, Suite 1300, Irvin, California 92714-
6228.
Dated: FEB - 7 rasa
Go n
Judge of the Superior Court
-4-
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PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
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TITLE OF DOCUMENT:
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Recorded in the County of Orange, California
Gary L. Granville, Clark/Recorder
tg970268825 3;01pm 06/11/97
005 12023377 12 87
E01 7 7.00 18.00 0.00 0.00 0.00 21.00
Exhibit 8
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies]
" 059-1I TLE PAGE )R7/95)
• • NO CONSIDERATION
Exempt Govt. Code
6103
GRANT OF EASEMENT TO
SAN JUAN BASIN AUTHORITY FOR
LAREFILL LINE BYPASS
FOR VALUABLE CONSIDERATION, receipt of which his hereby acknowledged,
OSO RANCH COMPANY, a partnership, hereby grants and conveys to SAN JUAN BASIN
AUTHORITY a perpetual non-exclusive easement and right-of-way for non-
domestic waterlines and water transmission purposes, including, specifically,
but not by way of limitation, the right to lay, construct, reconstruct,
remove and replace, renew, inspect, maintain, repair, improve, relocate and
otherwise use water pipeline or pipelines, together with incidental
appurtances, connections and structures, which easement shall lie in, over,
under, upon, along, through and across certain real property situated in the
County of Orange, State of California, described as Parcels 1A and 2A,
described in Exhibit "A" and shown in Exhibit "B", which Exhibits are
attached hereto and by this reference incorporated herein; together with the
right to enter upon and to pass and repass over and along said strip of land
for the construction, operation and maintenance of the facilities to be
constructed in said easement by SAN JUAN BASIN AUTHORITY.
This easement is granted on the condition that no access manways or
other surface or above -ground facilities shall be installed or maintained by
Grantee within the easement area, with the exception of an air vacuum release
valve. In the event that the air vacuum release valve interferes with
Grantor's use of the easement area, Grantee agrees to cooperate with Grantor
in relocating such valve to a mutually acceptable location in the easement
area. Grantee agrees to bear the cost of one such relocation.
It is understood and agreed that the easement and right-of-way acquired
herein are acquired subject to the right of the owner, and its successors and
assigns to use the surface of the land within the boundary lines of such
easement and right-of-way to the extent that such use is compatible with the
full and free exercise of said easement and right-of-way of the SAN JUAN
BASIN AUTHORITY; provided, however, that no streets, alleys, roadways,
fences, block walls ur OtheT structures or other immrovements shall be
constructed upon, over and along said easement and right-of-way without first
obtaining the consent of SAN JUAN BASIN AUTHORITY, which consent shall not be
unreasonably withheld.
No fill shall be placed or maintained over the surface of
the ground, nor shall any earth be removed from the cover of said
pipeline after construction without first obtaining the written
approval of SAN JUAN BASIN AUTHORITY. SAN JUAN BASIN AUTHORITY
agrees that they will not unreasonably withhold such consent.
Also conveyed hereby is a temporary construction easement,
for a period not to exceed six calendar months from this date, in,
over and upon Parcels 1B and 2B described in Exhibit "A" and shown
in Exhibit "B".
After completion of construction, said property shall be
restored to its original condition, such that no refuse, excess
spoil piles or other evidence of construction activities are
remnant.
The San Juan Basin Authority hereby agrees to indemnify
and hold harmless the Oso Ranch Partnership for any claims arising
from activities associated with construction of said pipeline or
pipelines on said property owned by Oso Ranch Partnership.
IN WITNESS WHEREOF, this instrument has been executed this
RI &f- day of Dabbs- , 1990.
OSO RANCH COMPANY,
a partnership
By R
SJBA\10334011.LGL - 2 -
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE
On f:iob-ev 31 , 1990, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared ti rsri R,p 5mr+i cwrl Pe-kogr f}Ikc+ Smrh11 known to me to be
the partners of the
partnership that executed the within instrument and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
Notar Public ir� and for said
Coun4 and Stat
OFFICIAL SEAL
IRENE L -Y SUM
ai Notary Pudic-Cw1fomia
ORANGE COUNTY
MY Comm. Ev, Nov. is, 1991
SJBA\10334011.LGL — 3 —
t • •
EXHIBIT "A"
DESCRIPTION OF EASEMENT TO BE OBTAINED FROM
OSO RANCH COMPANY, A PARTNERSHIP
That portion of Section 36, Township 7 South, Range 8 West, San
Bernardino Base and Meridian, in the City of San Juan Capistrano,
County of Orange, State of California, described as follows:
PARCEL IA: PERMANENT EASEMENT
Beginning at the point of intersection of the Westerly line of the
Atchison, Topeka & Santa Fe Railway right-of-way with the South
line of the North half of Section 36, Township 7 South, Range 8
West, San Bernardino Base and Meridian, in the City of San Juan
Capistrano, County of Orange, State of California, as shown on a
map filed in Book 2, Page 31 of Record of Surveys in the Office of
the County Recorder of Orange County, California, said point being
hereinafter referred to as Point "A", running thence South 19026'
East 230.00 feet; thence North 70034' West 60.00 feet; thence North
19026' West to a point in the South line of the North half of said
Section 36; thence South 89048' West along said half section line
to Point "A" hereinabove described.
PARCEL 2A: PERMANENT EASEMENT
A strip of land 10.00 feet in width, the Easterly line of which is
described as follows:
Beginning at a point of intersection of the Westerly line of the
Atchison, Topeka & Santa Fe Railway right-of-way with the South
line of the North half of Section 36, Township 7 South, Range 8
West, San Bernardino Base and Meridian, in the City of San Juan
Capistrano, County of Orange, State of California, as shown on a
map filed in Book 2, Page 31 of Record of Surveys in the Office of
the County Recorder of Orange County, California; running thence
South 19' 26' East 617.0 feet along said Westerly right-of-way
line; thence North 70' 34' East 5 feet to the True Point of
Beginning; thence South 19' 26' East 812.5 feet to a point in the
Northerly line of Oso Road as shown on a map filed in Book 84,
Pages 33 and 34, Records of Survey of said Orange County.
PARCEL 1B: TEMPORARY CONSTRUCTION EASEMENT
A strip of land 30.00 feet in width, the Easterly line of which is
described as follows:
Beginning at Point "A", hereinabove described in Parcel 1A; thence
South 19026' East 230.00 feet; thence North 70034' West 60.00 feet
to the True Point of Beginning, said point being hereinafter
referred to as Point "C"; thence North 19026' West to a point in
the South line of the North half of said Section 36.
PARCEL 2B: TEMPORARY CONSTRUCTION EASEMENT
A strip of land 50.00 feet in width, the Westerly line of which is
described as follows:
Beginning at Point "C", hereinabove described in Parcel 1B; thence
South 70 34' East 30.00 feet to the True Point of Beginning, said
point being hereinafter referred to as Point "D"; thence South
19026' East to a point in the Northerly line of Oso Road,
hereinabove described in Parcel 2A.
Prepared by:
NBS/LOWRY, EENNGGSNEERRS & PLANNERS
J f y Ohmart
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CERTIFICATION OF ACCEPTANCE
SAN JUAN BASIN AUTHORITY
This is to certify that the interest in real property conveyed byD ed o Grant of
Easement dated /0 — 3 / , 19�, from Osd Q� .
a California A a � s , 2 to the SAN JUAN BASIN AUTHORITY, A
California water District, is hereby accepted by the undersigned officer on behalf of
the Board of Directors, and the SAN JUAN BASIN AUTHORITY consents to
recordation thereof by its duly authorized officer.
Dated this l Tib day of 191Z
Administp6tor
SAN JUAN BASIN AUTHORITY
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAI TO-
��brn Tiresr �rir ,�,�,�,�y
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Recorded in the county of orange, California
Gary L. Granville, Clerk/Recorder
i11111111t1111111111111111111111111111111111N111111N11111i1111 No Fee
19970268824 3;00pm 06/11/97
005 12023377 12 67
E01 7 7.00 18.00 0.00 0.00 0.00 21.00
TITLE OF DOCUMENT: n n
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Exhibit 9
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording lee applies)
— 059 TITLE PAGE (RTA95)
GRANT OF EASEMENT
TO
SAN JUAN BASIN AUTHORITY
FOR
LAREFILL LINE BYPASS
•
NO CONST07-RATION
Exempt Govt. Code
§6103
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, CHARLES R. WILLIAMS, a married man, as his sole and
separate property, hereby grants and conveys to SAN JUAN BASIN
AUTHORITY a perpetual non-exclusive easement and right-of-way for
non-domestic waterlines and water transmission purposes, including,
specifically, but not by way of limitation, the right to lay,
construct, reconstruct, remove and replace, renew, inspect,
maintain, repair, improve, relocate and otherwise use water
pipeline or pipelines, together with incidental appurtenances,
connections and structures in, over, under, upon, along, through
and across the real property hereinafter described.
Said easement shall lie in, over, under, upon, along,
through and across such certain real property situated in the
County of Orange, State of California, described as Parcel 7A,
owned by the undersigned, described in Exhibit "A" attached hereto
and by this reference incorporated herein; and Parcel 8A, owned by
the undersigned, described in Exhibit "B" attached hereto and by
this reference incorporated herein; together with the right to
enter upon and to pass and repass over and along said strip of land
for the construction, operation and maintenance of the facilities
to be constructed in said easement by SAN JUAN BASIN AUTHORITY.
It is understood and agreed that the easements and rights-
of-way acquired herein are acquired subject to the right of the
owner, their successors and assigns to use the surface of the land
within the boundary lines of such easements and rights-of-way to
the extent that such use is compatible with the full and free
exercise of said easement and rights-of-way by the SAN JUAN BASIN
AUTHORITY; provided, however, that no streets, alleys, roadways,
fences, block walls or other structures or other improvements shall
be constructed upon, over and along said easement and right-of-way
without first obtaining the consent of SAN JUAN BASIN AUTHORITY.
SAN JUAN BASIN AUTHORITY does hereby agree that they will not
SJ3A\I0342011.LGL - 1 -
unreasonably withhold such consent.
No fill shall be placed or maintained over the surface of
the ground, nor shall any earth be removed from the cover of said
pipeline after construction without first obtaining the written
approval of SAN JUAN BASIN AUTHORITY. SAN JUAN BASIN AUTHORITY
agrees that they will not unreasonably withhold such consent.
Also conveyed hereby is a temporary construction easement,
for a period not to exceed four calendar months from this date, in,
over and upon Parcels 7B and 8B described in Exhibit "A" and
Exhibit "B".
IN WITNESS WHEREOF, this instrument has been executed this
Z % day of ,)r -C , 1990.
(i (. - -.� .rZ LA)
CHARLES R. WILLIAMS
A married man, as his sole and
separate property.
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
On G 3 % 1990, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared CHARLES R. WILLIAMS, known to me to be the person whose
name is subscribed to the within instrument and acknowledged that
he executed the same as such Sole and Separate Owner.
WITNESS my hand and official seal.
G/G fEi Lc2� �/
OFgdALSEAL Notary Public in and for said
WlIIEAM1RtEY County and State _
IIOOUIYllJ91JC-CJY IFONIAA
OemWidwien COUNTY N B•
SJ3A\1G362011.LGL - 2 -
a
(Williams)
EXHIBIT "A"
DESCRIPTION OF EASEMENT TO BE OBTAINED FROM
CHARLES R. WILLIAMS,
AS HIS SOLE AND SEPARATE PROPERTY
That portion of the West half of the Southwest quarter of
Section 25; the East half of the Southwest quarter of Section 26;
the Northwest quarter of the Northwest quarter of Section 36, all
in Township 7 South, Range 8 West, San Bernardino Base and
Meridian, in the City of San Juan Capistrano, County of Orange,
State of California, described as follows:
Parcel 7A: Permanent Easement
A strip of land 15.00 feet in width, the Easterly line of
which is described as follows:
Beginning at a point on the South line of said Section 25,
distant 97.878 feet South 890 52' East of the Southwest corner of
said section; thence North 280 32' West 443.52 feet; thence North
100 28' East 182.16 feet; thence North 340 15' West 205.26 feet;
thence South 890 52' East 770.484 feet to the West line of the
Atchison, Topeka and Santa Fe Railway Company's 60 -foot right-of-
way, said point being hereinafter referred to as Point "H"; thence
South 160 09' East 987.95 feet.
Parcel 7B: Temporary Construction Easement
A strip of land 50.00 feet in width, the Easterly line of
which is described as follows:
Beginning at Point "H", hereinabove described in Parcel
7A; thence South 160 09' East 987.95 feet.
Prepared by:
NBS/LOWRY, ENGINEERS & PLANNERS
e e W. Ohmart
Thew documems hzvr; ;0een reviewed and
eL'Zrad the mater and/or sewer con.
structio;, Pima. Responsibility for assurance
that tha eater and/or sewer facilities ars
-Atkin ansemmis dedicated to th distrie
s that of th Nvefone �1s agent.
....... ..........
90. Rmawsd 8y Dow
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EXHIBIT "B"
DESCRIPTION OF EASEMENT TO BE OBTAINED FROM
CHARLES R. WILLIAMS,
AS HIS SOLE AND SEPARATE PROPERTY
That portion of the West half of the Southwest quarter of
Section 25, and the East half of the Southeast quarter of Section
26, in Township 7 South, Range 8 West, San Bernardino Base and
Meridian, described as follows:
Parcel SA: Permanent Easement
A strip of land 15.00 feet in width, the Easterly line of
which is described as follows:
Commencing at the Southwest corner of said Section 25;
thence South 890 52' East 97.878 feet; thence North 280 32' West
443.52 feet; thence North 100 28' East 182.16 feet; thence North 340
15' West 205.26 feet; thence South 890 52' East 770.484 feet to a
point in the West line of the Atchison, Topeka and Santa Fe Railway
Company's right-of-way line, said point being hereinafter referred
to as Point "H"; thence North 160 09' West 998.00 feet.
Parcel SB: Temporary Construction Easement
A strip of land 50.00 feet in width, the Easterly line of
which is described as follows:
Beginning at Point "H", hereinabove described in Parcel
8A; thence North 160 09' West 1073.56 feet.
Prepared by:
NBS/LOWRY, ENGINEERS & PLANNERS
ThnQ
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CERTIFICATION OF ACCEPTANCE
SAN JUAN BASIN AUTHORITY
This is to certify that the interest in real property conveyed 4y Deed of Grantof
Easement dated _mac• o� 19 94 from C'14 /1
a California to the SAN JUAN BASIN AUTHORITY, A
California water District, is hereby accepted by the undersigned officer on behalf of
the Board of Directors, and the SAN JUAN BASIN AUTHORITY consents to
recordation thereof by its duly authorized officer.
// r11-
Dated this day of c%Gl� 19 97
Administr for
SAN JUAN BASIN AUTHORITY
0
*'
BOWIE, ARNESON, WILES & GIANNONE
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
ALEXANDER BOWIE'
4920 CAMPUS DRIVE
JOAN C. ARNESON
NEWPORT BEACH, CALIFORNIA 92660
WENDY H. WILES'
(949) 651-1300
PATRICIA B. GIANNONE
ROBERT E. ANSLOW
3403 TENTH STREET, SUITE 715
ARTO J. NUUTINEN
RIVERSIDE, CALIFORNIA 92501
DANIEL J. PAYNE
(909) 222-2750
ISABELLA ALASTI
DEBORAH R.G. CESARIO
BRIAN W. SMITH
KRISHAN CHOPRA
CARMEN A. BROCK
'A PROFESSIONAL CORPORATION
August 17, 1998
To: DISTRIBUTION LIST
Re: Lakefill Line Transfer - Final Documents
Ladies & Gentlemen:
c -Te?-4•
ARM"%M
(800) 4234034
FAX (949) 951-2014
RFP. oun Pua
12004 O 42 / O 42.1
We have enclosed originals and/or copies, as appropriate, of the following documents for
the Lakefill Line, Reach 1 A transfer, as well as the associated relocation of a portion of that line
with a private developer. Please note that other than the Transfer Agreement, not all parties on
the attached list will receive every document (i.e., developer relocation agreements):
I. Reach I Lakefill Line Transfer
Agreement for Transfer of Reach I of San Juan Basin Authority Bypass
Pipeline.
2. Recorded Quitclaim Deed quitclaiming the Authority's Reach IA interests jointly
to SMWD and MNWD.
3. Executed Bill of Sale evidencing transfer of Reach 1 A from Authority to SMWD
and MNWD, and related Certificates of Acceptance of both Districts.
* Note: The parties opted not to pursue a formal assignment of the railway right-of-way
in connection with the Lakefill Line transfer, on the premise that the water districts were
automatic successors -in -interest to the Authority. It is also our understanding that MNWD (and
perhaps SMWD) are pursuing an overall re -arrangement of licensed railway right-of-way with
OCTA at this time.
BAW&GIPBG/sb/50550
i 0
BOWIE, ARNESON, WILES & GIANNONE
DISTRIBUTION LIST
August 17, 1998
Page 2
II. Relocation Agreement between Authority. MWD. SMWD and San Juan Enclave for a
Portion of Reach I Within Pennerwood Estates development
The documents enclosed with respect to this transaction are as follows:
1. The San Juan Basin Pipeline Relocation Agreement (San Juan Enclave LIC -
Pevperwood Estates). With respect to the relocation contemplated by this agreement, I
understand from Carlo Habash that the project was recently completed. The new pipeline has
been pressure -tested; however, MNWD has not formally accepted the pipeline and received the
warranty bonds required. When the transaction is formally completed, we will record copies of
the relocation easements and related quitclaim deeds, and will provide copies of those recorded
documents to appropriate parties as a follow-up to this transmittal letter.
2. Recorded Ouitclaim Deed from Authority to the developer, and corresponding
Easements Grants from the developer to MNWD and SMWD which were obtained to `cure' the
previously recorded easements involved in the Hsaio 1995 condemnation, which included legal
descriptions that did not match the actual alignment of the pipeline as constructed. This `fix' was
done in anticipation of the completion of the Lakefill Line transfer, so the easements were
granted to MNWD and SMWD. NOTE: This `fix' relates to a portion of Reach I A that is not the
portion relocated under the agreement referenced above.
We appreciate the assistance of all you (and Ray Auerbach, now in `Paradise') in
completing the transaction. Please call if you have any questions on the enclosed or need any
additional information.
Very truly yours,
BOWIE, ARNESON,
WILES & GIANNONE
By Y4t6�—
Patricia B. Giannone
PBG:sb
Encls.
cc: Cheryl Johnson, CSJC
Carlo Habash, MNWD
BAW&G/PBG/sb/50550
0
LAKEFILL LINE TRANSFER
DISTRIBUTION LIST
SAN JUAN BASIN AUTHORITY
27500 La Paz Road Phone: (714) 448-4055
Laguna Niguel, CA 92677 Fax: (714) 831-5651
Don Martinson (original)
Delia Lugo (at SMWD) (copy)
COUNSEL TO SJBA:
STRADLING, YOCCA, CARLSON & RAUTH
600 Newport Center Drive, Suite 1600
Post Office Box 7680 Phone: (714) 725-4000
Newport Beach, CA 92660-6422 Fax: (714) 725-4100
Fritz Stradling (copy)
CAPISTRANO VALLEY WATER DISTRICT
32450 Paseo Adelanto Phone: (714) 493-1515
San Juan Capistrano, CA 92675 Fax: (714) 493-3955
Ami Rani (original)
COUNSEL TO CVWD:
Office of City Attorney
City of San Juan Capistrano
32400 Paseo Adelanto Phone: (714) 493-1171
San Juan Capistrano, CA 92675-3679 Fax: (714) 493-1053
John Shaw (copy)
SANTA MARGARITA WATER DISTRICT
26111 Antonio Parkway Phone: (714) 459-6400
Rancho Santa Margarita, CA 92688 Fax: (714) 459-6463
John Schatz (original)
Dan Ferons (copy)
BAW&G/PBG/sb/50550
0
LAKEFILL LINE TRANSFER
DISTRIBUTION LIST (CONT'D)
MOULTON NIGUEL WATER DISTRICT
27500 La Paz Road
Laguna Niguel, CA 92677
John Wiper (copy)
Leslie Gray -Perry (original)
COUNSEL TO MNWD:
Bowie, Arneson, Wiles & Giannone
4920 Campus Drive
Newport Beach, CA 92660
Pat Giannone (copy)
SHEA HOMES (MISSION VIEJO COMPANY)
Post Office Box 1509
Brea, CA 92822-1509
Mike Turner (original)
BAW&G/PBG/sb/50550 -2-
0
Phone: (714) 831-2500
Fax: (714) 831-5651
Phone: (714) 851-1300
Fax: (714) 851-2014
Phone: (714) 985-1300
Fax: (714)792-2500
0
November 7, 1997
F
�y � mmaro�eno
�uHnleD 1961
1776
Patricia B. Giannone
Bowie Arneson Kadi Wiles & Giannone
4920 Campus Drive
Newport Beach, California 92660
Re: Aareement for Transfer of Reach 1 of San Juan Basin
Authority Bypass Pipeline
Dear Ms. Giannone:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of November 4, 1997, the Capistrano Valley Water District Board of
Directors approved the Agreement for Transfer of Reach 1 of San Juan Basin Authority
Bypass Pipeline and authorized the Chairman and Clerk of the Board to execute the
agreement on behalf of the District. As requested in your letter of October 10, 1997,
enclosed are five signature pages signed by the District.
If you need any additional information, please feel free to contact us.
Very truly yours,
li%L't'( I 0�1j J
Cheryl Johnson
Clerk of the Board
Enclosure
cc: San Juan Basin Authority
Moulton Niguel Water District
Santa Margarita Water District
Mission Viejo Company
Bob Clark
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
024
3.
RESOLUTION REVISING THE TIME OF CAPISTRANO VALLEY WATER
As t forth in the Report dated November 4. 1997 from the Clerk of the Board, the following
Resolu X n was adopted revising the starting time of the Capistrano Valley Water District
meetings fr 7:00 p.m. to 5:30 p.m., on the first Tuesday of the months of January, March,
May, July, Se tuber and November:
PLACE FOR UGULAR MEETINGS - A RESOLUTION OF THE
CAPISTRANO V LEY WATE 2 DISTRICT ESTABLISHING A TIME
AND PLACE FO REGULAR MEETINGS AND RESCINDING
RESOLUTION NO. 97- 0-7-2
As set forth in the Report dated November 4, 19,97 from the Clerk of the Board, the following
Resolution was adopted designating City Hall,"*e Old Fire Station Recreation Complex
Registration Office of the Lacouague Building, and 111eorange County Library as the three
official posting locations for the Capistrano Valley Wate gistrict:
POSTING LOCATIONS - A RESOLUTION OF THE BOW OF
DIRECTORS OF THE CAPISTRANO VALLEY WATER DIST T,
DESIGNATING THE LOCATIONS FOR THE POSTING OF OFFICIAb
DOCUMENTS
—� 4. CONSIDERATION OF AGREEMENT FOR TRANSFER OF REACH #I OF SAN
As set forth in the Report dated November 4, 1997 from the General Manager, the
Agreement for Transfer of Reach 1 of San Juan Basin Authority Bypass Pipeline was
approved between the District, the San Juan Basin Authority, the Santa Margarita Water
District, the Moulton Niguel Water District and the Mission Viejo Company. The agreement
will provide for the sale of the District's 50% interest in the San Juan Basin Pipeline to the
Moulton Niguel Water District in the amount of $521,143. The Chairman and Clerk of the
Board were authorized to execute the agreement on behalf of the District.
COMMISSION {110.20)
Written Communications:
Report dated November 4, 1997, from the Council
CVWD Minutes
-2- \ \ 1/4/97
AGENDA ITEM November 4, 1997
TO: Honorable Board of Directors
FROM: George Scarborough, General Manager
SUBJECT: Agreement for Transfer of Reach 1 of San Juan Basin Authority Bypass
Pipeline
RECOMME DTTIN
By motion, approve the Agreement for Transfer of Reach I of San Juan Basin Authority Bypass
Pipeline and authorize the Chairman and Clerk of the Board to execute the agreement on behalf of
the District.
SITUATION
The District is a participant with Santa Margarita Water District (SMWD) in the ownership of a
pipeline known as the "San Juan Basin Pipeline," Reach 1 of which extends from the Moulton Niguel
Water District (MNWD) 3A Treatment Plant to the SMWD Chiquita Land Outfall. For the past
years, MNWD has leased this line for the disposal of effluent from their 3A plant. The District has
no need for this pipeline and has worked with MNWD and SMWD to sell our interest in this line.
Attached for your consideration is the Agreement for Transfer of Reach 1 of the San Juan Basin
Authority Bypass Pipeline. The provisions of this agreement include the following:
Sell our 50% interest in the pipeline to MNWD.
1. CVWD will be paid $521,143 for its interest in the pipeline.
2. MNWD will be released from paying their share of the rent for the Dana Point Outfall.
3. Provide protection for loss of our ability to pump groundwater due to a spill from the pipeline.
4. Provide a mechanism to purchase capacity in the pipeline at some future time if necessary.
The District will not receive the total agreement amount. The settlement amount in the transfer of
property tax misallocation between MNWD and CVWD will be deducted from the agreement
amount.
NOTIFICATION
San Juan Basin Authority Santa Margarita Water District
Moulton Niguel Water District Mission Viejo Company
FOR CITY COUXCIL AGED,
C�VwD
3 Zf
Agenda Item •
November 4, 1997
Page 2
COMMISSIONBOARD REVIEW, RECOMMENDATIONS
The progress of this transfer has been an item of interest to the Water Advisory Commission and they
are aware of this action.
FINANCIAL CONSIDERATIONS
Proceeds from the sale of CVWD's interest in the bypass pipeline are to go into the Replacement
Projects fund.
ALTERNATE ACTION
Approve the Agreement for Transfer of Reach 1 of San Juan Basin Authority Bypass Pipeline and
authorize the Chairman and Clerk of the Board to execute the agreement on behalf of the District.
Request additional information from Staff.
RECOMMENDATION
By motion, approve the Agreement for Transfer of Reach 1 of San Juan Basin Authority Bypass
Pipeline and authorize the Chairman and Clerk of the Board to execute the agreement on behalf of
the District.
Respectfully
General Manager I \AGNCY\SJBA\PC2SALWP.D0C
GSazwC
Attachment: Agreement for Transfer of Reach 1 of San Juan Basin Authority Bypass Pipeline
Please Note: Copies of the attachment have been distributed to Members of the City Council and
the City Manager, with one copy on file at the Office of the City Clerk for public
review.