Resolution Number CVWD 02-11-05-02RESOLUTION NO. CVWD 02-11-05-02
' A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO
VALLEY WATER DISTRICT AUTHORIZING THE EXECUTION AND
DELIVERY OF A QUITCLAIM DEED IN CONNECTION WITH THE
ISSUANCE OF LEASE REVENUE BONDS BY THE SAN JUAN BASIN
AUTHORITY (GROUND WATER RECOVERY PLANT) (TIRADOR WELL
SITE, #1 WELL SITE, SJBA #2 AND #4 WELL SITES)
WHEREAS, the Capistrano Valley Water District (the "District") is a municipal water
district duly organized and existing under and pursuant to the Constitution and laws of the
State of California;
WHEREAS, the District is the owner of certain real property more particularly
described on Exhibit A attached hereto (the "Property");
WHEREAS, the District desires to finance the cost of certain capital improvements
and facilities for the water distribution system on the Property which benefits constituents in
the District (collectively, the "Project');
WHEREAS, the San Juan Basin Authority (the "Authority") has agreed to issue
' Lease Revenue Bonds to finance the Project (the "Bonds");
WHEREAS, in order to enable the Authority to issue the Bonds, title to the Property
must be held by the City; and
WHEREAS, the District has determined it is in the best interests of the District and
its constituents to quitclaim title to the Property to the City to facilitate the sale and
issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors for the District
hereby finds, determines, declares, and resolves as follows:
SECTION ONE: The quitclaim deed in substantially the form attached hereto as
Exhibit B made a part hereof (the "Quitclaim Deed"), be, and the same hereby is,
approved. The Chairperson or Vice -Chairperson and Clerk of the Board are hereby
authorized, directed and empowered to execute, acknowledge, deliver and record the
Quitclaim Deed with such changes, insertions and omissions as may be approved by the
officers executing the same, said execution being conclusive evidence of such approval.
SECTION TWO: The Chairperson, Vice- Chairperson or any other proper officer of
the District, acting singly, be and each of them hereby is, authorized, directed and
' empowered to execute, acknowledge (as applicable), deliver and record any and all
documents and instruments and to do and cause to be done any and all acts and things
necessary or proper for carrying out the transactions contemplated by this resolution. All
11-5-02
prior actions taken by any proper officer of the District necessary or proper for the purpose
of carrying out the transactions contemplated by this resolution are hereby ratified, affirmed
and approved.
SECTION THREE: This resolution shall take effect immediately.
PASSED, APPROVED, AND ADOPTED this 5v' day of November 2002.
ATTEST: /
-;;71) A I l I I �� �
R. MONAHAN. CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed Clerk of the Board of the Capistrano Valley Water District,
do hereby certify that the foregoing Resolution No. CVWD 02-11-05-02 was duly adopted by the
Board of Directors of the Capistrano Valley Water District at a regular meeting thereof, held the 5th
day of November 2002, by the following vote:
AYES: DIRECTORS: Hart, Campbell, Gelff and Chairman Bathgate
NOES DIRECTORS: Swerdlin
None
C/
R. MONAHAN,
if�'II1YA
EXHIBIT A
LEGAL DESCRIPTION
THAT REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1 (TIRADOR WELL SITE):
THAT PORTION OF LOT 31 OF TRACT NO. 103, AS SHOWN ON A MAP RECORDED IN
BOOK 11, PAGES 29 TO 33 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT, THENCE NORTH 88-17'
41" WEST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 254 FEET;
THENCE SOUTH 1' 42'19" WEST, A DISTANCE OF 291.41 FEET TO THE SOUTHERLY LINE
OF THE LAND CONVEYED TO FRED W. STROSCHEIN AND OTHERS, BY DEED
RECORDED MARCH 26, 1947 IN BOOK 1492, PAGE 234, OF OFFICIAL RECORDS; THENCE
SOUTH 88' 1741 " EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 21.58 FEET TO
THE SOUTHEASTERLY LINE OF SAID LOT 31; THENCE NORTH 40° 16'49" EAST, ALONG
SAID SOUTHEASTERLY LINE, A DISTANCE OF 372.75 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY
WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF
LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF
' DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND REMOVING THE
SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO,
THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED,
AND TO THE BOTTOM OF SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS
THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL,
MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100
FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE
IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE
CONSTRUCTED ON SAID LAND, AS RESERVED IN THE DEED FROM CARL L.
STROSCHEIN AND OTHERS, RECORDED FEBRUARY 15, 1955 IN BOOK 2959, PAGE 307
OF OFFICIAL RECORDS.
PARCEL 2 (WELL SITE 1):
PARCEL B AS SHOWN ON EXHIBIT `B" OF LOT LINE ADJUSTMENT NO. 02-15858-13,
RECORDED , 2002, AS INSTRUMENT NO. IN THE OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
IPARCEL 3 (WELL SITES 2 AND 4):
LETTERED LOTS B AND E OF TRACT NO. 15998, AS SHOWN ON A MAP FILED IN BOOK
820, PAGES 42 TO 47 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
EXCEPTING THEREFROM ALL WATER RIGHTS INCLUDED WITHIN OR APPURTENANT
TO THE LAND DEDICATED TO CAPISTRANO VALLEY WATER DISTRICT ON THE MAP
OF SAID TRACT SAVING.
EXHIBIT B
' LEGAL DESCRIPTION
(PLANT SITE AND DANCE HALL WELL SITE)
THAT REAL PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1: (ASSESSOR'S PARCEL NO. 668-101-03)
THAT PORTION OF LOT 60 OF TRACT NO. 103, IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTHEAST CORNER OF LOT 59 OF SAID TRACT NO. 103;
THENCE NORTH 87' 55' 30" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 59 AND
THE WESTERLY PROLONGATION THEREOF, 392.00 FEET; THENCE SOUTH 2° 04' 30"
WEST 555.53 FEET; THENCE SOUTH 87' 55'30" EAST 380.00 FEET TO AN INTERSECTION
WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY RIGHT OF WAY, AS SHOWN ON SAID MAP; THENCE NORTHERLY
ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE LAND
' DESCRIBED IN THE DEED TO OYHARZABAL AND OTHERS, RECORDED JUNE 16, 1970
IN BOOK 9318, PAGE 861 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
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