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02-1115_CVWD_Reso No. 02-11-05-02_442002001029020YtECORDING REQUESTED BY: FIRST AMERICAN TITLE INSURANCE CO• SUBDIVISION DEPARTMENT WHEN RECORDED MAIL TO: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA. 92675 OR. — 2227445 NOBLE This Document wlectronically recorded by Firswerican Title Recorded in Official Records,County of Orange Darlene Bloom, Clerk Recorder II��II��III�I�I�u�N��Ip�u�INll��ll�u�l�lu���ll�u�p��� NO FEE 2002001029020 04:30pm 11/15102 103 15 R28 7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RESOLUTION THIS SPACE FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) 0 CERAED COPY RESOLUTION NO. CVWD 02-11-05-0 2 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 W ater 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 5`i' day of November 2002. Bril 611 a• . ATTEST: oc� R. MONAHAN, GI I 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 ABSENT: DIRE O7: None The foregoing instrum,orr Copvof the origintlopfilein VVV this office. Attest:_ „_ ��'�_ 201 au 0_�ot-- City Clark of thy. Juan ,C istr Couunnty, of Ulm% M R A ET R. MONAHAN, Clerk of the Board Sete �iL�M/JG l/ 11-5-02 • 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 Il, 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° 1T 41" WEST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 254 FEET; THENCE SOUTH 10 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° 17'41 " 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 OTHERTHAN 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 CvJ1F, 2002, AS INSTRUMENT NO. IN THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 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. RECOKUIN , M_()IJt l,I1 ..�1 tr FIRSTAMLRIGA^ In LL(J)MPi,w• SUBDIVISIONULFAItlrnl_hil ✓1'�"%l RECORDING REQUESTED BY: City of San Juan Capistrano WHEN RECORDED MAIL TO: Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 Attn.: Meg Monahan, City Clerk N O C. L [Space above for recorder.] This document is exempt from payment of recording fee pursuant to Government Code Section 27383. DOCUMENTARY TRANSFER TAX: The undersigned grantor declares: This transaction is exempt from the payment of documentary transfer tax pursuant to Rev=ue and Taxationo Sectign I`1922. Sign tur f eclarant or Agent Determining Tax- Firm Name QUITCLAIM D FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CAPISTRANO VALLEY WATER DISTRICT, a public body, corporate and politic ("Grantor"), does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF SAN JUAN CAPISTRANO, a municipal corporation duly organized and existing under the Constitution and laws of the State of California, all of Grantor's right, title, and interest in and to that certain real property located in the City of San Juan Capistrano, County of Orange, State of California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of M . � , 2002. CAPISTRANO VALLEY WATER DISTRICT, a public bo , corporate o itic By: Its: Mail Tax Statements to: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92670 Attention: Finance Director •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° IT 41 " WEST, ALONG THE NORTHERLY LINE OF SAID LOT, A DISTANCE OF 254 FEET; THENCE SOUTH 10 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° 1 T41 " 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 cprkV({Zf1Jf 2002, AS INSTRUMENT NO. IN THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 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. *RTIFICATE OF ACCEPTANCE 9 This is to certify that the interest in the real property conveyed under the foregoing to the City of San Juan Capistrano, a municipal corporation duly organized and existing under the Constitution and laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City of San Juan Capistrano, pursuant to authority conferred by resolution of the said City adopted on A CU/LJQ Q of — / % — j (J a— and the grantee consents to recordation thereof by its duly authorized officer. Dated/&2 • 5' , 2002 ;PUBLIC AGENCY FORAF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On November 5, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Diane Bathgate, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) Capacity Claimed by Signers Mayor Title Signers are Representing City of San Juan Capistrano WITNESS my hand and official seal. R. Monahan, City Clerk OPTIONAL Description of Attached Document Quitclaim Deed from CVWD Title or Type of Document 2 + cert of accept & acknowledgement Number of Pages November 5, 2002 Date of Document Signer(s) Other Than Named Above