1999-0125_ORANGE, COUNTY OF_Acquisition Contract 1 Project No.: Z63
Project: Ortega Highway
2 Parcel No(s).: 139
3 ACQUISITION CONTRACT
.SAN 2 5 10
4
THIS CONTRACT is made , 1998, by and between CAPISTRANO VALLEY
WATER DISTRICT, a public corporation, hereinafter referred to as "GRANTOR," and COUNTY OF
5
ORANGE, hereinafter referred to as "COUNTY," without regard to number or gender.
6 GRANT DEED, dated January 5 , 1999, covering PROPERTY designated on COUNTY records
7 as parcel no. Z63-139, and Quitclaim Deed designated as Parcel No. Z63-137.1,(hereinafter referred to as
"said parcels" or as "PROPERTY") have been executed and delivered to Donna Garza, Real Property
8 Agent for the County of Orange, Public Facilities &Resources Department Real Property. The
PROPERTY is shown on Exhibit A and described in a copy of said deeds which are attached hereto as
9 Exhibit B and Exhibit C.
10 In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
11
1. TOTAL AGREEMENT (1.3 S)
12 The parties have herein set forth the whole of their agreement and no obligations other than those set forth
13 herein, unless amended in writing, will be recognized. Performance of this CONTRACT by COUNTY
shall constitute the entire consideration for the deed delivered to COUNTY and shall relieve COUNTY of
14 any further obligations or claims on this account.
15 2. PAYMENT (2.2 S)
16 COUNTY shall:
A. Pay to the order of the undersigned GRANTOR the sum of Four Thousand Eight Hundred
17 Thirty-Five Dollars ($4,835) less any amounts authorized to be paid to others pursuant to this
18 CONTRACT within five (5) days after fee title to said parcel has vested in the COUNTY free and
clear of all liens, encumbrances, assessments, easements, leases(recorded and unrecorded) and
19 taxes, except:
20 (1) Any installment of General and Special County and City taxes, if any, allocable to a
period subsequent to the time title is vested in, or actual possession or physical possession is
21 taken by the COUNTY, whichever first occurs, and all taxes subsequent thereto.
22 (However, GRANTOR shall remain liable for payment of any taxes allocable to a period
prior to the time title is vested in, or actual possession or physical possession is taken by the
23 COUNTY, whichever first occurs, pursuant to the provisions of Sections 5084 and 5086 of
the California Revenue and Taxation Code, as amended, and the COUNTY is authorized to
24 pay on behalf of GRANTOR, from the amount shown above, any such taxes, whether or
25 not delinquent, together with penalties and interest thereon, and delinquent or
nondelinquent assessments or bonds and any interest thereon allocable to such period of
26 time.)
27
dg\ortega
28 10-28-98
1 (2) The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter
3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of
2 California added by Chapter 498, statutes of 1983, will be permitted to show in COUNTY'S
3 Title Insurance Policy.
[However, GRANTOR shall remain liable for payment of such taxes as set forth in Section
4 2A(1) above.]
5 (3) The effect of an Assessment District Map filed in Book 71, Page 10
of Assessment Maps, recorded September 25, 1995 as Instr. No.
6 19950417240 of Official Records.
7 (4) The right of way for ditches and/or pipelines recorded in Book 5 Page
103 of Miscellaneous Record, Records of Los Angeles County, California.
S (5) The right of way for ditch and water lines recorded in Book 666 Page
91 27 Official Records.
10 (6) The effect of maps recorded in Book 127 Pages 21 to 27 of Parcel
Maps and recorded in Book 8 Page 34; Book 9 Page 15; Book 90 Page 33;
11 Book 106 Page 12; Book 110 Page 30; and in Book 123 Pages 45 to 49, all
of Record Surveys.
12 (7) The provisions of an agreement regarding acceptance of surface
13 waters recorded as Instrument No. 89-577139 OR and 90-416328 of
Official Records.
14 (8) A water pipeline easement recorded November 19, 1993 as
15 Instrument No. 93-0806019.
16 (9) Any title exceptions not required to be cleared from the title to said
PROPERTY by COUNTY's Director, Public Facilities & Resources
17 Department, or designee, hereinafter referred to as"Director".
is B. Pay escrow, recording and trust deed clearance fees incurred in this transaction and the
premium charged for title insurance, if such insurance is desired by COUNTY. For purposes of this
19 transaction, trust deed clearance fees are defined as forwarding fees, trustee's fees, and
reconveyance fees.
20
C. Deliver this executed CONTRACT to First American Title Company(hereinafter referred
21 to as "Escrow Holder"), and open an escrow. However, GRANTOR hereby agrees that
22 COUNTY's Director may unilaterally open escrow at such escrow company, other than noted
herein, as may be necessary to carry out the terms of this CONTRACT.
23
This executed CONTRACT shall constitute the escrow instructions to the Escrow Holder.
24 COUNTY's Director is designated to unilaterally commence and coordinate this Escrow with the
Escrow Holder. Any required amendments or supplements to the escrow which become necessary
25 to carry out the terms of this CONTRACT must be executed by the COUNTY's Director. Escrow
26 Holder shall direct all questions concerning this Escrow to Donna Garza at (714) 834-5411.
27
dg\ortega _2-
28 10-28-98
1 For purposes of this CONTRACT, "close of escrow" means the date the deed and other documents
2 are recorded in the Office of the Orange County Recorder.
3 3. MONEY LIEN AND/OR TRUST DEED PAYMENT(S) (3.1 S)
It is mutually agreed that the COUNTY is authorized to pay, in order of priority as provided by law, from
4 the total proceeds of this transaction, such sum(s) as may be demanded by the judgment creditor(s) and/or
5 beneficiary(s) under the judgment(s), money lien(s), and/or deed(s) of trust listed below:
A. Deed of Trust recorded May 4, 1993 as Instrument No. 93-0296634 of Official Records
6 B. A lien in favor of the State of California evidenced by certificate filed by the Department of
7 Employment under the unemployment insurance act against Santa Margarita Co.; recorded
July 16, 1993 as Instrument No. 93-0473672 of Official Records.
8 provided, that such sum(s) shall not be in excess of the unpaid principal together with:
9 A. Any accrued interest
10 B, Penalties
11 C. Attorney's fees and court costs.
12 4. INDEMNIFICATION FOR UNRECORDED INTERESTS (5.1 S)
13 GRANTOR warrants that there are no unrecorded encumbrances (including but not limited to liens, leases,
easements or licenses) on all or any portion of the PROPERTY and GRANTOR agrees to hold the
14 COUNTY harmless, defend (with counsel approved by COUNTY), and reimburse the COUNTY for any
and all of COUNTY's losses and expenses, including reasonable attorney fees and costs, arising from or
15 related to any such encumbrance of said PROPERTY, and/or for claims from GRANTOR's tenant or
16 others arising from, related to, or caused by GRANTOR's remediation activities on said PROPERTY.
17 5. MISCELLANEOUS ITEMS ACQUIRED AS REALTY(9.7 S)
It is understood and agreed by and between the parties hereto that payment in Section 2A above includes,
18 ut is not limited to, payment for miscellaneous landscaping and fencing which are considered to be part of
19 he realty and are being acquired by the COUNTY in this transaction.
20 6. ATTACHMENTS (19.1 S)
21 This CONTRACT includes the following, which are attached hereto and made a part hereof:
I. EXHIBITS
22
A. Map
23 B. Grant Deed
24 C. Quitclaim Deed
25
26
27
q\ortega -3-
28 10-28-98
1 IN WITNESS WHEREOF, the parties have executed this CONTRACT the day and year first above written.
2
3 GRANTOR
CAPISTRANO VALLEY WATER DISTRICT
4
5 By
Gil J Iles;''c hP�'r� of the Board
6
7 Clerk of the Qo
8
9 APPROVED AS TO FORM:
10 Laurence M. Wat
County Cou
11
12
By
6.
13
Date:
14
15 COUNTY
COUNTY OF ORANGE
16
17 By
18 Jo W. ibley, �r
Pubh ilities& Resources Department
19 Pursuant to Ordinance No.3879 and
Ordinance No.3972
20
21
22
23
24
25
26
27
dg\ortega -4-
28
4_26 10-28-98
l'
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it .
Temp. Constr. Esmt. Z
Parcel Z63-139
PROJECT
LOCATION
ORTEGA - T
i`
-, Parcel Area • 4852 S(7 feet
LA f M A
ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY LOCATION MAP
RIGHT - OF - WAY ENGINEERING
PROJECT : CVWD PARCEL ACO. AT ORTEGA HWY. (Z63-139J SCALE : 1"=300'
RECORD AT REQUES&�-
AND WHEN RECORD ., .,LAIL TO:
County of Orange
Public Facilities & Resources Department
Real Property
P.O. Box 4043
Santa Ana, California 92702-4043
ATTN. ESCROW
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
THIS IS TO CERTIFY THAT THIS DOCUMENT IS
PRESENTED FOR RECORD BY PFRD REAL PROPERTY
UNDER GOVT. CODE 6103 AND IS ALSO EXEMPT FROM
PAYNfENT OF DOCUMENTARY TRANSFER TAX.
By:
PFRD Real Property
A. P. NO.
® Unincorporated Area
❑ Incorporated, City of
Project/Parcel No: Z63-139
Project: Ortega Highway
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CAPISTRANO VALLEY WATER DISTRICT,
a public corporation,
does hereby GRANT to the COUNTY OF ORANGE, a body corporate and politic,
the fee interest in the real property in the County of Orange, State of California,
described on Page 2 and shown on Page 3 attached hereto and by reference made a
part hereof.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Dg OrtegaDeed j
EXH ;8+ �>
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LEGAL DESCRIPTION
Project Name: Ortega Highway
Project Number: Z63
PARCEL 139:
That portion of Parcel 4 of Certificate of Compliance No. CC 82-2, in the County of Orange,
State of California, recorded September 3, 1952 as Document No.S2-313505 of Official Records, 1n the
office of the County Recorder of said county, described in a deed to Capistrano Valley Water District,
recorded November 19, 1993 as Document No. 93-0306017 of said Official Records, lying southerly of a
line described as follows:
Beginning at the intersection of the center line of proposed Antonio Parkway and the construction
center line of Ortega Highway per Caltrans Contract Change Order No. 15 as shown on Record of Survey
95-1066, recorded in book 154, pages 8 through 13 of Record of Surveys, in the office of said County
Recorder; thence NAa43'21"W., 139.82 feet along said center line of the proposed Antonio Parkway;
thence 5.85°16'39"W., 125.00 feet; thence S.4°43'21"E., 45.00 feet; thence 5.75'31'32"W., 18.24 feet to
a point on the easterly line of said parcel to Capistrano Water District, said point being the True Point of
Beginning; thence continuing 5.75°31'32"W., 125.36 feet to the westerly line of said parcel.
Containing an area of 4352 square feet, more or less.
See Exhibit B attached and by reference made a part hereof.
APPROVED
'J ' �� "�V� Date: i2- '6-5-7
D. PAVLIK L.S.5163 gED �
x iration Date: June 30, 1999 `xe,�N DAV/pP9
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CAPISTRANO VALLEY WATER
DISTRICT, a Public Corporation
Dated: By:
Printed Name: Gil Jones
Title: Chairman of the Board
By:
Printed Name:
Title: Clerk of the Board
State of California)
)ss.
County of Orange)
On 19 before me, a Notary Public,
personally appeared personally known to me (or proved to me on the
basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person, or the entity, upon behalf of which the person acted, executed the
instrument.
Witness my hand and official seal.
Signature of the Notary
State of California)
)ss.
County of Orange)
On 19_before me, a Notary Public,
personally appeared personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person, or the entity, upon behalf of which the person acted, executed the
instrument.
Witness my hand and official seal.
Signature of the Notary
EXHIBIT B
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Recording requested by and
when recorded return to:
County of Orange, PFRD/Real Property
Right-of-Way Processing, Room 632
300 North Flower Street
Santa Ana,CA 92702
Recording Fee Exempt
per Gov't. Code 6103
Project: Capistrano Valley Water District
Flow Control Facility No.4
Parcel No.: Z63-137.1
Por. A.P.No.: 125-171-28
Location: Unincorporated area
QUITCLAIM DEED
For a valuable consideration, receipt of which is hereby acknowledged, the
CAPISTRANO VALLEY WATER DISTRICT,
a Public Corporation,
does hereby remise, release and forever Quitclaim to the
COUNTY OF ORANGE
all rights, title and interest in and to that certain roadway easement and right-of-way, over, upon,
along, through and across the real property, in the County of Orange, State of California, more
particularly described as:
See Exhibit A attached and by this reference made a part.
EXHIBIT C
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LEGAL DESCRIPTION
Project Name: Ortega Highway
Project Number: Z63
PARCEL 137.1:
That portion of Parcel 3 of Lot Line Adjustment 96-026, in the County of Orange, State of
California, recorded November 21, 1996 as Document No. 19960587414 of Official Records, in the office
of the County Recorder of said county, described as follows:
Beginning at the intersection of the center line of proposed Antonio Parkway and the construction
center line of Ortega Highway per Caltrans Contract Change Order No.15 as shown on Record of Survey
95-1066, recorded in book 154, pages 8 through 18 of Record of Surveys, in the office of said County
Recorder; thence N.4°43'21"W., 139.82 feet along said center line of the proposed Antonio Parkway;
thence S.85°16'39"W., 125.00 feet; thence S.4043'21"E., 45.00 feet; thence S.75°31'32"W., 143.60 feet
to a point on the westerly line of a parcel of land described in a deed to Capistrano Valley Water District,
recorded March 24, 1992 as Document No. 93-0806017 of said Official Records, said point being the
TRUE POINT OF BEGINNING; thence continuing S.75°31'32"W., 131.67 feet; thence S.7°08'45"E.,
10.00 feet to the northerly right-of-way line of Ortega Highway described in Parcel X2-1.2 of a deed to
the County of Orange, recorded June 29, 1973 in book 10776, page 926 of said Official Records; thence
N.84-1 1'16"E., 132.18 feet along said northerly right-of-way line to the southwest corner of said parcel to
Capistrano Valley Water District; thence N.10°06'38"W., 29.91 feet along said westerly line to the True
Point of Beginning.
Containing 2624 square feet, more or less.
See Exhibit B attached and by this reference made a part.
APPROVED
p p 4EQ IAWD
Date: �Z� J ' J� ti`�oaDAVlppq`!E`D
J D. PAVLIK L.S.S168
Vation Date: June 30, 1999 e
No. 5168 �\Q
p� JF CA`IEO�
EXHIBIT A
IBIT C
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Dated CAPISTRANA rF"/ WATER DISTRICT
By
Gil Jones, Chairtran of the Board
By
Clerk of the Board
ACKNOWLEDGMENT
STATE OF CALIFORNIA)
)ss:
COUNTY OF ORANGE )
On 19_,before me a Notary Public in and for said State,
personally appeared personally(mown to me(or
proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed
the instrument.
WITNESS my hand and official seal.
Signature
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within deed or grant to the COUNTY OF ORANGE, a
body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of
Orange County,California,pursuant to authority conferred by resolution of the said Board of Supervisors adoytea on
November 4, 1975, and the COUNTY OF ORANGE consents to recordation thereof by its duly authorized officer.
COUNTY OF ORANGE
Dated By
John W. Sibley, Director
Public Facilities&Resources Department
Pursuant to Section 1-4-220 of the Codified
Ordinances of the County of Orange
Approvals
Approved as to Form Description compared to County approved description
Laurence M. Watson dated 12/8/97.
County Counsel
By Date By
Dg:OnegaDeed 4 EXHIBIT C
MGM«dt3Z ftY
� ' F1R.4TP , ;AN?IT1�4d�4EiF7�'GE' Y •
REi"OKD AT REQUEST
AND WHEN RECORDED MAIL TO: THIS ORIGINAL DOCUMAENT WAS SCANNED
AND ELECTRONICALLY RECORDED ON
County of Orange
Public Facilities & Resources Department MAR 3 1 1999
Real Property
P.O. Box 4048Al >'1 '
Document No. c
�qGS-�ii•JC1"Y
Santa Ana, California 92702-4048 First American T re Insurance Company
ATTN: ESCROW
C>\53 iz�SSo -"SP SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
THIS IS TO CERTIFY THAT THIS DOCUMENT IS
PRESENTED FOR RECORD BY PFRD REAL PROPERTY
UNDER GOVT.CODE 6103 AND IS ALSO EXEMPT FROM
PAYMENT OF DOCUMENTARY TRANSFER TAX.
By: ?
PFRD Real Property
A. P. NO.
® Unincorporated Area
❑ Incorporated, City of
Project/Parcel No: Z63-139
Project: Ortega Highway
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CAPISTRANO VALLEY WATER DISTRICT,
a public corporation,
does hereby GRANT to the COUNTY OF ORANGE, a body corporate and politic,
the fee interest in the real property in the County of Orange, State of California,
described on Page 2 and shown on Page 3 attached hereto and by reference made a
part hereof.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Dg OrtegaDeed 1
LEGAL DESCRIPTION
Project Name: Ortega Highway
Project Number: Z63
PARCEL 139:
That portion of Parcel 4 of Certificate of Compliance No. CC 82-2, in the County of Orange,
State of California, recorded September 3, 1982 as Document No.82-313505 of Official Records, in the
office of the County Recorder of said county, described in a deed to Capistrano Valley Water District,
recorded November 19, 1993 as Document No. 93-0806017 of said Official Records, lying southerly of a
line described as follows:
Beginning at the intersection of the center line of proposed Antonio Parkway and the construction
center line of Ortega Highway per Caltrans Contract Change Order No. 15 as shown on Record of Survey
95-1066, recorded in book 154, pages 8 through IS of Record of Surveys, in the office of said County
Recorder; thence N.4°43'21"W., 139.82 feet along said center line of the proposed Antonio Parkway;
thence S.850 16'39"W., 125.00 feet;thence S.4'43'2 1"E., 45.00 feet; thence S.75°3I'32"W., 18.24 feet to
a point on the easterly line of said parcel to Capistrano Water District, said point being the True Point of
Beginning; thence continuing S.75°31'32"W., 125.36 feet to the westerly line of said parcel.
Containing an area of 4852 square feet, more or less.
See Exhibit B attached and by reference made a part hereof.
APPROVED
%k 0 Date: 12--
D. PAVLIK L.S.5168 gE13 (Aqp
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Dated_ January S, 1999 • CAPISTRANO •ITER DISTRICT
/J
By
Gil Son s, Chairman of the Board
ATTEST
Clerk ofthL- Board
ACKNOWLEDGMENT
STATE OF CALIFORNIA)
ss:
COUNTY OF ORANGE ) ;
City of San Juan Capistrano
On January 5 1999 ,before me Cheryl Johnson, City Clerka Notary-hublie in and for said State,
personally appeared - - - Gil Jones - - - personally(mown to me for
pfdVedZ07n6onthebasis-afsatis€accery-ovidence)to be the person(s)whose name(s) isiaresubscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/herAheir-authorized capacity0es), and that by
his/herkheirsigtatwe(s)on the instrument the person(s}or the entity upon behalf of which the person(s) acted,executed
the instrument.
WITNESS my hand and official seal. y.
- Signature
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within deed or grant to the COUNTY OF ORANGE, a
body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of
Orange County, California,pursuant to authority conferred by resolution of the said Board of Supervisors adopted on
November 4, 1975, and the COUNTY OF ORANGE consents to recordation thereof by its duly authorized officer.
x
Y OF ORANGE
p,�
Dat%T _�� /� 7 r7 By
Joh W. Siblev, Director
Ttrbic Facilities&Resources Department
Pursuant to Section 1-4-220 of the Codified
Ordinances of the County of Orange
Approvals
Approve Form Description compared to County approved description
Lauren a dated 12/8/97.
Court
By Da By
i
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CAPISTRANO VALLEY WATER DISTRICT
Office of the Clerk of the Board
32400 Paseo Adelanto
San Juan Capistrano, California 92675
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, Clerk of the Board of the Capistrano Valley Water
District, DO HEREBY CERTIFY that the attached instrument was duly approved by of the
Board of Directors of the Capistrano Valley Water District at a Regular Meeting held on
January 5, 1999.
(SEAL) (.ilut n
Cheryl Johnson, ler f the Board
Capistrano Valley Water District
DATED: This 6th day of January, 1999
•
GOVERNMENT CODE 27361 .7
1 CERTIFY UNDER PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION
ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED
READS AS FOLLOWS:
" CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY"
PLACE OF EXECUTION: SANTA ANA, CALIFORNIA
DATE: March 31 , 1999
BY:
FIRST N TITLE INSURANCE COMPANY
�� • COUNTY OF ORANGE •
PFRD REAL PROPERTY Page 1 of 1
NOTICE OF DISTRIBUTION
TO: ORANGE COUNTY AUDITOR-CONTROLLER DATE: 318199
You are requested to issue warrants as itemized below in payment of the contract and assignments approved, executed, and
on file in this office applicable to the project referenced for which acceptable title has been obtained.
Project/Parcel No.: Z63-139 Board Order Dated: Ord. 3879 and 3972
Project Name: Ortega Highway Contract Price: $4,835.00
Grantor: Capistrano Valley Water Title/Escrow Fees: $610.00
District
S.C.C. No.: TOTAL: $5,445.00
Escrow/Title Officer: Katherine Shannon
Escrow/Title No.: 9952559M/9536550
Payee Name and Address: Attachments
FIRST AMERICAN TITLE INSURANCE COMPANY FOR ACQUISITION CONTRACT
THE ACCOUNT OF: ORDINANCE 3879
CAPISTRANO VALLEY WATER DISTRICT dORDINANCE 3972
114 E. 5THSTREET TRANSMITTAL MEMO
SANTA ANA, CA 92701 ESCROW BILLING STATEMENT
rKBr�er ISS
K) as 00000 go
PLEASE PROCESS AS A"DAILY" a I 9, (4 _.
OBJ/ SUB
REV/ OBJ/ REPT JOB
FUND AGCY ORG ACTY BS ACCT REV CATG NUMBER AMOUNT
115 115 3400 3600 00 ER08929 $5,445.00
$5,445.00
PREPARED BY:
ed Kgger 8Xr5436
PUBLIC FACILITIES & RESOURCE DEPARTMENT
REAL PROPERTY DIVISION
CLARE FLETC ER, ANAGfER
By
Willi m rice, Chief, Real Property, Acq. & Management
TK 4/1/98 F.1-8
5� AMERIC .
♦4 9
4 " r'irst American Title Insurance Company
114 EAST FIFTH STREET, (P.O. BOX 267) SANTA ANA, CALIFORNIA 92701 • (714)558-3211 FAX(714)647-2235
BUYER/BORROWER CLOSING STATEMENT
ESCROW STATEMENT OF: Escrow: 9952559M
COUNTY OF ORANGE Escrow Officer: KATHERINE M. SHANNON
Date: April 07 , 1999
Closing Date: 03/31/99
Final
Seller: CAPISTRANO VALLEY WATER DISTRICT
Property Address : ANTONIO PARKWAY/ORTEGA HIGHWAY
(Z63-139) , CA
TOTAL CONSIDERATION 4,835 .00
PLUS CHARGES
TITLE CHARGES TO FIRST AMERICAN TITLE INSURANCE COMPANY
ESCROW CHARGES TO FIRST AMERICAN TITLE
ESCROW FEE 250.00
TOTAL DEBITS 5,085.00
LESS: CREDITS
ADDITIONAL DEPOSITS TO ESCROW 5,445.00
TOTAL CREDITS 5 ,445.00
BALANCE DUE YOU 360.00
0 0
=�Y o County of Orange
Public Facilities & Resources Department
�q'tlFO4fi�e John W. Sibley, Director
April 22, 1999
Capistrano Valley Water District
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SUBJECT: Project#Z63-139—Ortega Highway
Dear Sirs:
Enclosed are copies of the following documents related to the subject project:
Copy of Executed Acquisition Contract
Copy of Recorded Grant Deed
Copy of Notice of Distribution
Copy of Final Escrow Statement
No action is required on your part. The enclosures are for your records/information. Feel free to
call me at (714) 834-5436 if you have any questions.
Sincerely,
Teri Koger, Escrow Coordinator
PFRD Real Property
Acquisition& Management
LOCATION: MAILING ADDRESS: TELEPHONE:
300 N. FLOWER ST P.O. BOX 4048 (714)834-2300
SANTA ANA,CALIFORNIA SANTA ANA,CA 927024048 FAX#834-5188
2. ROVAL OF RESOLUTIONESTABLISHING OFFICIAL POSTING PLACES
610.1
As set forth in the ort dated January 5, 1999, from the Clerk of the Board,the following
Resolution was adopte blishingthenewCommunityCenterReceptionAreaasaposting
location for official documen d removing the Registration Office at the Old Fire Station
Recreation Complex as a posting location:
RESOLUTION NO. CVWD 99-1-5-1 DE NATING LOCATIONS FOR
POSTING OF OFFICIAL DOCUMENTS - SOLUTIONOF THE
BOARD OF DIRECTORS OF THE CAPISTRAN ALLEY WATER
DISTRICT, DESIGNATING THE LOCATIONS FOR T OSTING OF
OFFICIAL DOCUMENTS AND RESCINDING RESOL ON NO.
CVWD 97-11-4-2
3. APPROVAL OF ACQUISITION CONTRACT.GRANTDEED AND QUITCLAIM
DEED - ORTEGA HIGHWAY/ANTONIO PARKWAY IMPROVEMENTS
(COUNTY OF ORANGE) (600.70/670.55)
T
As set forth in the Report dated January 5, 1999, from the Director of Engineering and
Building, the Acquisition Contract for the County purchase of a portion of Water District-
owned property near the Ortega Highway/Antonio Parkway intersection at a cost of$4,835
was approved; the Grant Deed for interest of real property to the County of Orange was
approved;the Clerk of the Board was authorized to execute the Grant Deed on behalf of the
Board; the Quitclaim Deed relinquishing all easement rights to the County of Orange was
approved; and the Chairman and the Clerk of the Board were authorized to execute the
Quitclaim Deed on behalf of the Board.
The owing item was removed from the Consent Calendar at the request of Chairman Jones.
CON4TINUATI F CONSIDERATION OF ACCEPTANCE OF WATER RIGHTS AND
WATER EASEMENTS-FOR TRACT 15686 RESEARCH AND DEVELOPMENT SITE
SUNCAL DEVELOPME JD PARTNERS 420.30/600.70
With the consensus of the Bo Chairman Jones directed that this item be continued to
February 2, 1999.
BOARD ACTIONS \
None
CV WD Minutes -2- 1/5/99
• �, ate„ •
32400 PASEO ADELANTO i I I MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPisTRANC
% A 92675 JOHN GR CAMPBELL
(949)493-1171 IAllllllllll WATT HART
R
(949)493-1053(FAX) unnnm 1961 DILJONES
1776 DAVID M.SWERDUN
�� • CITY MANAGER
January 7, 1999 DEORDE SCARBOROUDH
Ms. Donna Garza
County of Orange
Public Facilities & Resources
Real Property Division
P. O. Box 4048
Santa Ana, CA 92702-4048
Re: Ortega Highway/Antonio Parkway Improvements
Dear Ms. Garza:
At their meeting of January 5, 1999, the Capistrano Valley Water District Board of Directors took
the following actions relating to the improvements at the intersection of Ortega Highway and
Antonio Parkway:
1. Approved the Acquisition Contract for Project Z63, Parcel No. 139, providing for the
County's purchase of real property from the District in the amount of$4,835;
2. Approved the Deed granting the County interest in specified property; and,
3. Approved the Deed quitclaiming to the County the Districts rights to specified property.
Two copies of the agreement have been signed by the Board of Directors and are enclosed, along
with the signed Deeds. Upon approval of the Board of Supervisors, please return one fully-
executed copy of the Agreement to the Clerk of the Board's office. When the Deeds have been
recorded, this office would also appreciate receiving the recording information for our records.
Thank you for your cooperation. If I can be of further assistance, I can be reached at (949)
443-6308.
Ve��(�truly yours,
Cheryl John sdn
Clerk of the Board
Capistrano Valley Water District
Enclosures
cc: Rancho Mission Viejo
Engineering and Building Director (with copy of enclosures) DRUG USE
Craig Harris (with copy of enclosures) AD
San Juan Capistrano: Preserving the Past to Enhance the Future
w
AGENDA ITEM January 5, 1999
TO: George Scarborough, General Manager
FROM: William M. Huber,Director of Engineering and Building
SUBJECT: Consideration of Acquisition Contract, Grant Deed and Quitclaim Deed — Ortega
Highway/Antonio Parkway Improvements (County of Orange)
RECOMMENDATION
By Motion:
1. Approve the Acquisition Contract for the purchase of real property by the County of
Orange and authorize the Chairman and the Clerk of the Board to execute the Acquisition
Contract on behalf of the Board.
2. Approve the Grant Deed for interest of real property to the County of Orange and
authorize the Chairman and the Clerk of the Board to execute the Grant Deed on behalf
of the Board.
3. Approve the Quitclaim Deed relinquishing all easement rights to the County of Orange
and authorize the Chairman and the Clerk of the Board to execute the Quitclaim Deed on
behalf of the Board.
SITUATION
A. Summary and Recommendation
The County improvements at Antonio Parkway and Ortega Highway encroaches into a small
portion of the District-owned parcel for the SC-04 Flow Control Facility. The Water Board
approved a Right-of-Entry Agreement with the County on January 6, 1998, which allowed the
County to enter and use this portion of District property near the proposed Ortega Highway and
Antonio Parkway intersection. The County hereby requests and would like to acquire this 0.111-
acre impacted portion of the District's property adjacent to the right of way for $4,835.
Enclosed for your consideration and approval are the Acquisition Contract (Attachment 1) which
specifies the purchase requirements and the Grant Deed(Attachment 2) for the transfer of title to
the County. In addition to the Acquisition Contract and Grant Deed, the County is requesting
consideration and approval of a Quitclaim Deed of an ;ad' ent parcel (Attachment I3) which
FOR CITY COUNCIL ADEN C v wb
84
' AGENDA ITEM • 2 January 5, 1999
relinquishes easement rights to the County.
Staff and the Water Board's legal counsel have reviewed the Contract and Deeds, and therefore,
have recommended said actions.
B. Backeround
On January 6, 1998, the Water Board approved the Right-of-Entry Agreement with the County.
This Agreement allowed the County to enter the District's property and easements to facilitate
the construction of Antonio Parkway. The Right-of-Entry Agreement was to be used on a
temporary basis until the Acquisition Contract and Grant Deed for the permanent land
acquisition and easement rights were provided for approval.
The sale of property and the quitclaim of easement do not negatively impact the accessibility or
integrity of the District's facilities.
The San Juan Company owns the property which borders the District's parcel for the SC-04
Flow Control Facility and the County's northerly right-of-way of Ortega Hwy. In order to
complete the transfer of easement rights, the San Juan Company has offered to dedicate to the
District a replacement easement for the proposed quitclaim. Such dedication of easement will
be processed during the February 2, 1999 Water Board meeting for Board consideration and
acceptance.
COMMISSION/BOARD REVIEW,RECOMMENDATIONS
None.
FINANCIAL CONSIDERATIONS
The County of Orange prepared a Summary of Valuation. The appraisal plan included property
inspection, investigation as to the highest and best use of the property, comparable property sales
search, and analysis of sales information to form an opinion of value for the parcel. Under the
current A-1 zoning, there is no economic potential for the property other than agricultural use.
Based on this information, the County considers the fair market value to be nominal, and has
agreed to pay the District$4,835 within five(5) days after transfer of title has recorded.
NOTIFICATION
Public Facilities & Resources Department
Real Property Division
Attention D. Garza
County of Orange
P.O. Box 4048
Santa Ana, CA 92702-4048
' AGENDA ITEM • 3 January 5, 1999
Mr. Thomas V. Staley
Vice President,Development
Rancho Mission Viejo,L.L.C.
28811 Ortega Highway
San Juan Capistrano, CA 92693
ALTERNATE ACTION
1. By motion, approve the Acquisition Contract, Grant Deed and Quitclaim Deed with the
County of Orange in conjunction with roadway improvements for the Ortega
Highway/Antonio Parkway at the SC-04 Flow Control Facility parcel.
2. Deny the proposed action.
3. Request additional information from staff.
RECOMMENDATION
By Motion:
1. Approve the Acquisition Contract for the purchase of real property by the County of
Orange and authorize the Chairman and the Clerk of the Board to execute the Acquisition
Contract on behalf of the Board.
2. Approve the Grant Deed for interest of real property to the County of Orange and
authorize the Chairman and the Clerk of the Board to execute the Grant Deed on behalf
of the Board.
3. Approve the Quitclaim Deed relinquishing all easement rights to the County of Orange
and authorize the Chairman and the Clerk of the Board to execute the Quitclaim Deed on
behalf of the Board.
Respectfully Submitted: Prepared By:
William M. Huber Craig L. Harris
Director of Engineering&Building Assistant Engineer
WMH/CLH:ch
Attachments: 1. Acquisition Contract
2. Grant Deed
3. Quitclaim Deed
4. Location Map
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