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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' 1�j,1 l 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+ �> s s . 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 A ^� NO. ST68 CALIFO��` D(m�t c:Vcwp doc Vcads&streetstZ63.139.1gl.doc DS: g teed Z EXHIBIT Dn �r PJr?cfL 2 ^w+zrcrSS7JRfp �, FS p, I On OF c _,, vnerron il':;•�'a��'•.': z_� I :, oe�;i�eoze;+nr ' LL [682-2 •<`; ? R ��• •'.CEL 3 /w.p�"'r.F� .p-nr N`.A6".. hlml 2, zq % 4-�•z,� '�� /'✓ ':Z7 2!-27 nJr "vl.. ...::::::#7QdJzt,.sf ----- �_........., r o_ fEGA .. v ......YITI�—v wb�wY • R I 4nY/K XN(. -v _ T i ,F IUIMI a :,Ivi.UN.h Lii r9 IV -Nltl-01 r— Lv4,tdl N07iCtO,: _aTIMlEn— Tar✓. Gna�GrowIG.r6'eY..,,+ L 1 t4) 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 (mas)¢\rowp docs\roads&streets\cvwd.qc.doc 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 (mas)c:Vowp docs\roads&streeWcmd.gc.doc 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 c:Vowp doc Voads&slreets1Z63.137.1.lgl.doc ,T PnR;inA or PARCEL 2 w i:r.'..�:. i fi.M I LL 15-00; nR19950E3e153 7CdG'� J.•A..O... s —\- -�-- ..nna..sn/5:.,,, :,• I O nEl < iAi'CEL sz2 roR.;!nn ';'• zL ( e nRls96ose%+I+ • I oq • t LL 96.026} p5. CClZ •;I .. R A '2 r ra rl � ✓ or PARCEL +, '•••��,.•�•�t•. . r rK � oll PJj�CCL 3lk nw~ q ".\ NQQi f: •r In ® "� Y+'/� - - r'1: :27 i Zf-2. T�f�aen rJ• tl _ rmFM- K-� 'r � J :'err•• — — IaQ¢ jr pr Y )9 w+,vrc uNc m _— �-�� -1 ___ l .M, ' }I r :HV -'I.:.L V.IIr A • N, rh' yr J.•M6.+r ,w.rw.F. IJ. OATSGA /!!C//IV'AY _ r ,..•�__—_ wi� o,l __./-_____—_—,— Su.R•nO.L,.rS•p , . ..... —� _ —�,r—_—_— ��:,_� a•.a - n,R.---_.1_ ___..__ nL,YI i5iayn l:ril-1'1•:q -._ _ 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 x iration Date: June 30, 1999 GE�N 0AV/p GA nf\ N0. 5168 CALIFO��\P DZ; (maast)c&.1a owwp docsVoads&streets1Z63.139.1gl.doc Z i x:•.: cel � i _ I: .. w•A — --i — AVAUI0111 V931U0 40:IlT:C.JYHI 'H9xl•..a.,l0,Itt", .Y 039th JA aujp_Ir i�ruen 1h;N.11 illn.v . mi •r:v n J.'S Y..Jrv9 �y"..'.i.'� alC 4wwJ oy.oY.M nr•+f ..iv...•I I .req I .� �=d"Ti9".e T1 'alk. aYne r.r•.a rWL� —— — ` i�— li �r�m <i.'0 ..'I i... . .. � t----- . am V ]swr �-- �a a ..Y X'C.�•%,•`a' AC'ba1'. .rY""' '• "��"�Y� —mf ...Ptv,�r�.ro Ycl:✓lam• _�--- �� y✓B� J 'til. ' 61P /Flit w yyuY^w x YpQ4 'IdAl a' ✓ ® vaa i� J. Xhy / i• m..•v✓ M' aY I:U.iu0.l 5':u ',`''1 , ..Y....:: 2.2093 •I l]92Nr JO 0 pIP:Y'SUgfoidU ? I-U 0 � I 4UIi2Ud ,� I Q I�Z SSf0flCSnuidU =G:+Si+ ll 1 • +I ��•,i,�F� � •:avi..°O.i 2 733iaYd sU VUIINU! s� Q¢a mo �2tta irm o-5w: 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 Dg:OrtegaDeed 4 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 P'TMAMiNC Y\CO[INTY\AN PKWYB\GRNTAG.DOC o�y •`•moi ,•`�``'�.- _ ttw unq,•• -: � 1 Ofd .F � -. Y� _ � r '���'° t ;�"�'� fW� �� _ °ens + °�' � •..•...�. .�,r' _...� � ""� ,y •••••••� a • ... 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