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13-0417_SANTA MARGARITA WATER DISTRICT_Easement Deed_2013000228891RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6903 City of San Juan Capistrano PROJECT NAME OR NUMBER: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder I '{{II' 1116I111111111lII {I!I 11111 1111 �Iffl {ffl! I{{l IIIII 1111 Illl li' NO FEE *$ R 0 0 0 5 7 7 6 5 5 3$ 201300022889112:18 pm 04117113 193 409 E01 010 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "S-7" FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Juan Capistrano, a California municipal corporation ("GRANTOR") does hereby grant to Santa Margarita Water District, a California water district formed and existing pursuant to Section 34000, et. seq., of the Water Code of the State of California ("GRANTEE"), a perpetual non-exclusive easement and right-of-way in, over, under, upon, along, through and across that portion of the real property, at the northwest corner of the intersection of Ortega Highway and Antonio Parkway, situated outside of the City of San Juan Capistrano, in the County of Orange, State of California, as described in Exhibit "S-7, A" and shown on (sketch) Exhibit "S-7, B" attached hereto and by this reference made a part hereof (the "Easement Area"). Such easement and right-of-way shall be for pipelines for water, recycled water and sewer, 1 together with incidental above or below ground appurtenances, connections and structures. Such easement can be used for pipeline purposes, including, without limitation, the right to enter upon, pass, re -pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re -grade, and otherwise use pipeline facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. Grantee shall have the right to use gates in all of Grantors' fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. Grantee, its successors and assigns shall save, indemnify and hold harmless Grantor, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantor and caused by or arising from (i) use of the Easement Area by Grantee, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights granted to Grantee herein, (ii) acts or omissions of Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to any work performed by Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns on or in relation to the Easement Area), or (iii) the location and existence of the Grantee's facilities, whether defective or otherwise, including, but not limited to, any loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person. Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantee and caused by or arising from (i) use of the Easement Area by Grantor, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees, agents, contractors, guests, invitees successors and assigns in relation to the exercise of any/all rights retained by Grantor herein (including, but not limited to, failure to comply with all codes, 2 ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any such retained rights). The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the Easement Area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the Santa Margarita Water District: 1. Construct or place any street, alley, roadway, fences, block walls, or any other improvement or structure within the Easement Area. 2. Place upon or remove from the Easement Area any earth or FII material. Grantee agrees to obtain and comply with all necessary permits, authorizations, licenses and approvals which are or may be required from any body, agency or department with jurisdiction over the Easement Area, and to restore the original condition of the existing landscape and improvements within the Easement Area at the completion of any work which disturbs the surface of the Easement Area or any other land owned by Grantor and/or its affiliates. IN WITNESS WBemenDeed T' HEREOF, this E t Dd "S - is executed and delivered by Grantor as of the � day of \ sexyly 2012. GRANTOR City of San Juan Capistrano 23400 Paseo Adelanto San Ju 0 0 ATTEST: (Attach All-Pumase Ao nowledgement) 41 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On December 4, 2012, before me, Maria Morris, City Clerk, personally appeared John Taylor, Mayor, who proved to me on the basis of satisfactory evidence to the be 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, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the pemon(s) acted, executed the instrument. I certify under PENALTY OF PERJURY underthe laws ofthe State of California that the foregoing paragraph is true and correct. (SEAL) OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Mayor Title Easement Deed `5-7" Number of Pages: 7 Signer is Representing City of San Juan Capistrano CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that EASEMENT DEED "S-7 attached hereto from the CITY OF SAN JUAN CAPISTRANO, to the Santa Margarita Water District is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: V�✓t 10, uo GRANTEE Santa Margarita W� ater District Qjxl / Dan Ferons, General Manager 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif or ' 1 County of V��N6t 11 - / (�% / On Ani a� d / J' before me, to 1 1� �A✓u e Al rAr�- N Z'L MI XaR W.11 FF.— personally 9 apersonally appeared SDA .J QOxJ S Ne sl M 6gre,le) L COWIL ICdgDrr! Mawr PYIMC • CaWornM CoaFEaknYr 15, 1078+ Pl NM $ At pe who proved to me on the basis of satisfactory evidence to be the person() whose nameK Wsubscribed to the within instrument and acknowledged to me that t�heVthey executed the same inIyeritheir authorized capaciWes), and that by 'll s e Aheir signature(s) on the instrument the persorl or the entity upon behalf of which the person(s)'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my,4nd and official seal. Signature 51 elan W tlk OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent baudulant mmowl and reaffachment of this Form to another document. Description of Attached Document __TT Title or Type of Document: �i4-�SEltil E/JT V Ec O 5-7 Document Date: = . 7 O / a- Number of Pages:CO Signers) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name:W RX! �:EROO S Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Ttle(s): = Corporate Officer—Title(s): ❑ Partner—'. Limited ".General1. Partner --Limited [I General ElAttorney in Fact OREM ❑ Attorney in Fact ' ❑ Trustee Top Of Owmu nom El Trustee Tap OF here ❑ Guardian or Conservator - ❑ Guardian or Conservator ❑ Other: 6yt WO ❑ Other: Signer is Represent) t; ,1 Signer is Representing: OeIJ]Natloral Nohryh s4a,•935o Ce 5MO Are., PO.Bu NW- GMbvmN.CA 910132CM•wmvNaOarelNMery,ga Ibm XS�] PeoNerCall Tol4Fee LB[08i6152] %-11 `I Hl IATA ALARS MITT ZIMAAS. INC � 2603 Mem Srreel r S1.1e 400 r ovine. CA 926144250 r 949 988 5815 phone • 949 988 58201or huinaallor.mm 10-1160-25(D) 09-10-12 EXHIBIT S-7, A LEGAL DESCRIPTION SANTA MARGARITA WATER DISTRICT FACILITIES AND ACCESS EASEMENT DEED Parcel S-7 That portion of the land described in the Gram Deed to the Capistrano Valley Water District, in the Unincorporated Territory of the County of Orange, State of California, recorded November 19, 1993 as Instrument No. 93-0806017 of Official Records, in the office of the County Recorder of said County, described as follows: Beginning at the Northwesterly comer of said Capistrano Valley Water District land; thence along the Westerly line of said Capistrano Valley Water District land South 10°06'31" East 20.82 feet to the Northwesterly comer of the land described in the Grant Deed to the Santa Margarita Water District, recorded (:L OZ %3891 as Instrument NoaQj of said Official Records; thence leaving said Westerly line and along the Northerly and Easterly lines of said Santa Margarita Water District land the following courses: North 79053'23" East 39.14 feet and South 10°06'37" East 77.44 feet; thence leaving said Easterly line North 80°30'03" East 14.55 feet; thence North 09029'57" West 44.00 ]feet; thence North 80030'03" East 70.85 feet to the Easterly line of said Capistrano Valley Water District land; thence along said Easterly line North 1000631" West 32.59 feet; thence leaving last said Easterly line South 80030'03" West 66.28 feet; thence South 10006'31" East 21.88 feet to the Northerly line of said Capistrano Valley Water District land; thence along last said Northerly line South 79053'29" West 58.73 feet to the POINT OF BEGINNING Containing an area of 0.108 acres, more or less. NOTE: It is the intent of this description to describe the property around the existing building situated on this land, excepting any land under said existing building As more particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof. Subject to covenants, conditions, reservations, rights-of-way and easements, if any, of record. J MES . GILLEN, PLS 5557 q/IUJ 160.25/al1/S7-SMWD-ACA,,3/ZUhPIII 99-09u-ol Q390 1AGY3SY3 1JkILS/O K3LYM Z� 101 6 .e aweY zJoz/pl/s 3<r9 YIRIYDYM VIAIYS 8 L-S 1/�IX3 ANNd/Y000Y 01 H013NS oZB4-HBe (eee) Xvd 9=-Bee We) «bud 10GAS wow 9a MW vo 'Gum 'oov pure Bo aGLV4 'CM V"IOZ--WHH J(1 V Il0L% ~ iLi l l 1 °Wd.e anuxu ee ,oral 'N•O 2109090-£6 •ON 'ISM 1��ra M."k LGd Yl YO OWO3N ONY O3Hf SY3N S3GYOIONI (XXX) a` s C 6dX3 31pOb 31Y1S) o CS59 'ON c (4G AVMHDIH VD31H0 _ r e Ifo `aogoao - Eli 1 1 � Izo z I II 1 1O,OCOBN 3'L .594! Z W�z II zp 1 1 J ZyW 4 > arca 1 jg 1 _1�0 I rI N i o I z^ �--►I P i 1 m 3 o ,9B'OL 3.fO,O£.OBN z z n 13 n 3 S38 l30a60 z I Imp 0 N 3.fO.OL.OBN Z1fS 6GN .,99 i GZ 3,C , 9O.O1N I B8.1Z M,100.010 .CL'99 3.6ZXG'6GN 'ON '15N1 3NIl G'6N &ON C6 �,.a•p Y1p9pB0-£6 N•1SNI1 0NNOO gosyc 2-5 -9'0'd I JO 1133H5 v 32400 PASEO AOELANTO BAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX Itu,Ut.ellnjuonrapG9Ynn0.Ing April 3, 2013 Clerk -Recorder's Office County of Orange P.O, Box 238 Santa Ana, California 92701 Re: Document for Recording — Easement Deeds M MEMBERS OF THE CITY COUNCIL The noted documents are enclosed for recording: • Easement Deed "S-7" • Easement Deed "S-8" When placed of record, please return the recorded documents to this office. Thank you for your assistance. Clndest RegardsKCMC Christy Deputy City Clerk Scar ,Iran Capisu•rno: Prarerlring the Post to 6tthanc•e the Future E',^J r•,enmrmi lona,ory+oa E.,Ber SAMALLEVATO ROY L. BYRNES, M.D, LARRY KRAMER DEREK REEVE JOHNTAYLOR RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6903 City of San Juan Capistrano PROJECT NAME OR NUMBER: I This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "S-7" FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Juan Capistrano, a California municipal corporation ("GRANTOR") does hereby grant to Santa Margarita Water District, a California water district formed and existing pursuant to Section 34000, et. seq., of the Water Code of the State of California ("GRANTEE"), a perpetual non-exclusive easement and right-of-way in, over, under, upon, along, through and across that portion of the real property, at the northwest corner of the Intersection of Ortega Highway and Antonio Parkway, situated outside of the City of San Juan Capistrano, In the County of Orange, State of California, as described in Exhibit "S-7, A" and shown on (sketch) Exhibit "S-7, B" attached hereto and by this reference made a part hereof (the "Easement Area"). Such easement and right-of-way shall be for pipelines for water, recycled water and sewer, 1 together with incidental above or below ground appurtenances, connections and structures. Such easement can be used for pipeline purposes, including, without limitation, the right to enter upon, pass, re -pass along said land; to lay, construct, reconstruct, remove, replace, renew, Inspect, maintain, repair, improve, relocate, fill or re -grade, and otherwise use pipeline facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. Grantee shall have the right to use gates In all of Grantors' fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. Grantee, its successors and assigns shall save, Indemnify and hold harmless Grantor, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantor and caused by or arising from (i) use of the Easement Area by Grantee, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights granted to Grantee herein, (Ii) acts or omissions of Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to any work performed by Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns on or In relation to the Easement Area), or rii) the location and existence of the Grantee's facilities, whether defective or otherwise, Including, but not limited to, any loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person. Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantee and caused by or arising from (i) use of the Easement Area by Grantor, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees, agents, contractors, guests, invitees successors and assigns in relation to the exercise of any/all rights retained by Grantor herein (including, but not limited to, failure to comply with all codes, 2 ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any such retained rights). The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the Easement Area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the Santa Margarita Water District: 1. Construct or place any street, alley, roadway, fences, block walls, or any other improvement or structure within the Easement Area. 2. Place upon or remove from the Easement Area any earth or fill material. Grantee agrees to obtain and comply with all necessary permits, authorizations, licenses and approvals which are or may be required from any body, agency or department with jurisdiction over the Easement Area, and to restore the original condition of the existing landscape and improvements within the Easement Area at the completion of any work which disturbs the surface of the Easement Area or any other land owned by Grantor and/or its affiliates. IN WITNEWv HEREOF, this E se ent Deed "S-7" is executed and delivered by Grantor as of the _ day of S-QMW f , 2012. City of San Juan Capistrano 23400 Paseo Adelanto San Juan Capistrano, CA 92675 By: JIM ATTEST: (Attach All -Purpose Acknowledgement) 3 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On December 4, 2012,, before me, Maria Morris, City Cleric, personally appeared .John Taylor, Mayor, who proved to me on the basis of satisfactoryevidence to the be 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, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Mayor Title OPTIONAL Description of Attached Document Title or Type of Document Easement Deed "S-7" Signer is Representing Number of Pages: 7 City of San Juan Capistrano CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that EASEMENT DEED "S-7" attached hereto from the CITY OF SAN JUAN CAPISTRANO, to the Santa Margarita Water District Is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: \ 'q 10) 100 GRANTEE Santa Margarita Water District Dan Ferons, General Manager 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'CSY.....`Li4YS'^'Cc'MN.(`('.f.M.C.f.(Y.CCf.('.f.V�.Z^3Y'�M�Y•��SS State of Califor 1 County of V1%dA'N6c Jy / On _ A/✓ P/ ' 0 / 3 before me, Liv 1 �AN on, r emo moon rvnablm oleo mo ar personally appeared �IJfl .t -t zw Qo.J S nnmto m nmr el CI1101• B.LME I L CMCTA"sNon I'1&0.505 No1ay Public - Merritt 0" ft"Iff NCg..f5 2013+ alien N.W, Ud Abwa who proved to me on the basis of satisfactory evidence to be the personM whose name'(s)"Lisk wsubscribed to the within instrument and acknowledged to me that Qe sheAhey executed the same in(I06F/their authorized capacitypes), and that by is pltteir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s)'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSm nd and offi�ciall seal. Signature 1 bP" N Nr001 10f b4 OPTIONAL Though the Inforeallon below is not required by low, It may prove valuable to persons relying on The document and could prevent fraudulent romoval and reattachment of Ihls torn, to another document. Description of Attached Document Title or Type of Document: Eco 6"7 Document Date: �C'.L �'r .-;1 O/ r� Number of Pages: GJ Signerts) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signets NameA) A, -1 o.1 G Signer's Name: ❑ Individual Olndividual ❑ Corporate Officer—Title(s): O Corporate Officer—Title(s): ❑ Partner —❑ Limited 0 General tJ Partner —❑ Limited O General 0 Attorney In Fact 0 Attorney in Fact13 ' Trustee Tan rn 011Kfbr11a1e I_I Trustee Tno0 bombI ❑ Guardian or Conservator== 0 Guardian or Conservator 0 Other: :5yyl, ,O - Cl Other: r_ / Signer is Represenlilt: �. �� Signer is Representing: SmwFj `sl \ ^„r r:L•etezcCr.Crz�rrLriri:�.'LZ'4'rLr•E4.r4rttRr4reez '.:x'GrGrretrL�c.`ei.`RrG�.e[.e'*.r�tr„T'4rF<R ONT/NnIimY Nobry�l 'ofm•e150 Ce Fob Are..P.e.em N@•CMIsm,P,,eA 01]IyZiOt•mmrNnl WobrywO eIm&W7 neonMr.CNTrAr,ro1-$Wx7GcIo1 M LIE H-UTF-ZOLLARS _ NIBrTIOUARS, INC. $ 2603 Main Shoos - SuiM 400 s li,ino, CA 92614.4250 P 949.998 5815 phaco 0949980 5820 6.# huilf•ralla's Cam 10-1160-25 (D) 09-10-12 EXHIBIT S-7, A LEGAL DESCRIPTION SANTA MARGARITA WATER DISTRICT FACILITIES AND ACCESS EASEMENT DEED Parcel S-7: That portion of the land described in the Grant Deed to the Capistrano Valley Water District, in the Unincorporated Territory of the County of Orange, State of California, recorded November 19, 1993 as Instrument No. 93-0806017 of Official Records, in the office of the County Recorder of said County, described as follows: Beginning at the Northwesterly corner of said Capistrano Valley Water District land; thence along the Westerly line of said Capistrano Valley Water District land South 10°06'31" East 20.82 feet to the Northwesterly corner of the land described in the Grant Deed to the Santa Margarita Water District, recorded / :LL O' Y3NN-3- as Instrument NodQiof said Official Records; thence leaving said Westerly line and along the Northerly and Easterly lines of said Santa Margarita Water District land the following courses: North 79°53'23" East 39.14 feet and South '10°06'37" East 77.44 feet; thence leaving said Easterly line North 80°30'03" East 14.55 feet; thence North 09°29'57" West 44.00 feet; thence North 80°30'03" Last 70.85 feet to the Masterly line of said Capistrano Valley Water District land; thence along said Easterly line North 1000651" West 32.59 feet; thence leaving last said Easterly line South 80°30'03" West 66.28 feet; thence South 10°06'31" East 21.88 feet to the Northerly line of said Capistrano Valley Water District land; thence along last said Northerly line South 79153'29" Nest 58.73 feet to the POINT OF BEGINNING Containing an area of 0.108 acres, more or less. NOTE: It is the intent of this description to describe the property around the existing building situated on this land, excepting any land under said existing building As more particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof. Subject to covenants, conditions, reservations, rights-of-way and casements, i f any. of record. 4go `�&5 T• u/�"G', NO. 5557 O °• EXP. 09/30/13 x' J MES . GILLEN. PLS 5557 • OF CAL�FO��`P �}ll U� I 1 G0=25/:JUS7•Shlwp•A«cxs3/x�Jlry�m l� P'0.8' S"7 PARCEL INsr. NWLY CORNER 6017O.R. f Or.R. NO. 93_080 0806017, N'LYUNEINST43. „6 5873, N79529 r r f r ll r f hysr, ivo. , NI 0'06 21.860 1 SHEET 1 OF I 53'23«6 ,03„6 66.28, — o N79 39.14V=-0-80-530 DRAW BY DW CHECKED BY PMc N S APPROM BY �a 2 (f�'J { 1101 \,L '"B ma 10-1160-25 a N i PARC$ L� 65 0.10 70.85 N180,30 v N\'cVir, z v � w o- .47-Q O V r V1-� v y1401 4 1t kI. mz �7-4,5, Ne PC ` I 553 � n off \ 1 1 ! J 1 ti AY 0806017; 0,F?- L'1H0 �� t10►L F o/ � ��rl�r�! HIQHWAY z OFIrEQA ROUT 74} N0. 5557 (SrATE EV. 9/30/13 i * (XXX) INDIWES MEASURED ANO RECORD DATA PER 4kCi cAL1Fdl1` NST. N0. 93-0806017, O.R. HUITF-ZOLLADIC Hula lare, Ina Irvine 2803 Mein We4 "o 400. Irvine, CA 92814 Phone (949) 988-5815 Fax (949) 988-5820 SKETCH TO ACCOMPANY A LEGAL DESCRIP77ON EXhOB/T 3-7, B SANTA AfARQARITA WATER DISMOT SASS ENT DEED � 1'630' DRAW BY DW CHECKED BY PMc oAIE 9/10/2012 APPROM BY �a 2 (f�'J { 1101 \,L '"B ma 10-1160-25 0.10116025\MAP116025\DWrG\EX\116025JEX4.3 DWG Christy Jaid From: Christy Jakl Sent: Thursday, March 28, 2013 2:59 PM To: Eric Bauman Cc: Keith Van Der Maaten; Justin Kirk; Maria Morris; Manny Ruelas Subject: RMV Easements (S -T', "S-8", "C -5/C-6") Approved at the December 4, 2012 City Council Meeting Hi Eric, This is a follow-up email on the status of the RMV Easements Deeds approved at the December 4, 2012, City Council meeting. The following easements deeds are still pending: Easement Deed "S-7" — Mayor executed the deed and the original was returned to you to get final signature from Santa Margarita Water District. Did you get the signature by SMWD? If so, please return to our office for recording. Easement Deed "S-8" - Mayor executed the deed and the original was returned to you to get final signature from Santa Margarita Water District. Did you get the signature by SMWD? If so, please return to our office for recording. Easement Deed "C -5/C-6" — Original returned to you to get final signature from SMWD. Did you get the signature by SMWD? We need the signed original from SMWD returned for the Mayor's signature and then we will send to the recorder. Please let me know if you have any questions. Thanks! Christi JAI, cmc Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax Please share your experience with the City by taking our Survey. together with incidental above or below ground appurtenances, connections and structures. Such easement can be used for pipeline purposes, including, without limitation, the right to enter upon, pass, re -pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re -grade, and otherwise use pipeline facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. Grantee shall have the right to use gates in all of Grantors' fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. Grantee, its successors and assigns shall save, indemnify and hold harmless Grantor, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantor and caused by or arising from (i) use of the Easement Area by Grantee, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights granted to Grantee herein, (ii) acts or omissions of Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to any work performed by Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns on or in relation to the Easement Area), or (iii) the location and existence of the Grantee's facilities, whether defective or otherwise, including, but not limited to, any loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person. Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantee and caused by or arising from (i) use of the Easement Area by Grantor, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees, agents, contractors, guests, invitees successors and assigns in relation to the exercise of any/all rights retained by Grantor herein (including, but not limited to, failure to comply with all codes, 2 ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any such retained rights). The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the Easement Area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the Santa Margarita Water District: 1. Construct or place any street, alley, roadway, fences, block walls, or any other improvement or structure within the Easement Area. 2. Place upon or remove from the Easement Area any earth or fill material. Grantee agrees to obtain and comply with all necessary permits, authorizations, licenses and approvals which are or may be required from any body, agency or department with jurisdiction over the Easement Area, and to restore the original condition of the existing landscape and improvements within the Easement Area at the completion of any work which disturbs the surface of the Easement Area or any other land owned by Grantor and/or its affiliates. IN WITNES%WHEREOF, this E se ent Deed "S-7" is executed and delivered by Grantor as of the - day of 1 12012. GRANTOR City of San Juan Capistrano 23400 Paseo Adelanto San Juan Capistrano, CA 92675 a M ATTEST: (Attach AEI -Purpose Acknowledgement) 3 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On December 4, 2012, before me, Maria Morris, City Clerk, personally appeared John Taylor, Mayor , who proved to me on the basis of satisfactory evidence to the be 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, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Mayor Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document Title or Type of Document Easement Deed "S-7" Number of Pages: 7 WN CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that EASEMENT DEED "S-7" attached hereto from the CITY OF SAN JUAN CAPISTRANO, to the Santa Margarita Water District is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: GRANTEE Santa Margarita Water District Dan Ferons, General Manager 4 HIITT-ZOLM_ _ __ NUITT•ZOI.LARS, INC. r 2603 Main Street r Suite 4006 Irvine, CA 92614.4250 r 949.988.5815 phones 949 988.5820 lox r hui"•zollars.tae 10-1160-25 (D) 09-10-12 EXHIBIT S-7, A LEGAL DESCRIPTION SANTA MARGARITA WATER DISTRICT FACILITIES AND ACCESS EASEMENT DEED Parcel S-7: That portion of the land described in the Grant Deed to the Capistrano Valley Water District, in the Unincorporated Territory of the County of Orange, State of California, recorded November 19, 1993 as Instrument No. 93-0806017 of Official Records, in the office of the County Recorder of said County, described as follows: Beginning at the Northwesterly corner of said Capistrano Valley Water District land; thence along the Westerly line of said Capistrano Valley Water District land South 10°06'31" East 20.82 feet to the Northwesterly corner of the land described in the Grant Deed to the Santa Margarita Water District, recorded , 2012 as Instrument No. of said Official Records; thence leaving said Westerly line and along the Northerly and Easterly lines of said Santa Margarita Water District land the following courses: North 79°53'23" East 39.14 feet and South 10006'37" East 77.44 feet; thence leaving said Easterly line North 80°30'03" East 14.55 feet; thence North 09°29'57" West 44.00 feet; thence North 80°30'03" East 70.85 feet to the Easterly line of said Capistrano Valley Water District land; thence along said Easterly line North 10006'31" West 32.59 feet; thence leaving last said Easterly line South 80°30'03" West 66.28 feet; thence South 10°0631" East 21.88 feet to the Northerly line of said Capistrano Valley Water District land; thence along last said Northerly line South 79°53'29" West 58.73 feet to the POINT OF BEGINNING Containing an area of 0.108 acres, more or less. NOTE: It is the intent of this description to describe the property around the existing building situated on this land, excepting any land under said existing building As more particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof. Subject to covenants, conditions, reservations, rights-of-way and easements, if any, of record. 44 > y ., NO. 5557 O EXP. 09/30/13 J ES . GILLEN, PLS 5557 sl�rF OF CAUIFO��`P q/10-1160-25/a/US7-SMWD-Access3/zkthpm SHEET 1 OF 1 P.O.B. _� PARS CORNER INST. NOL 93-08060f 7 O.R. 0-R'� INST. N0. 93-0806017, rr� N'LY UNE r r r l I E58.73' ^: r r r r hvsr, An � 79 5329E N79-5329 "W 21.88' N10'06'31 N7- •53'23"E 30 '03"E 66.28' o 914• N80 N d s-7 P w°' �o z r 108 ACRES ` C ? N80 03 "E 70.85' o'30 ` N �in►l r4to z lz l wr lctO�'► c`Oi'► m ` V N N0. 5557 EXP. 9/30/13 a� Z O O 1 ipp► �t -► p -1 � � � 1 z� N8 z53"E 1 N r1 -de 114 �rrrr rrr r 1 1 l i i 3 0806017,f OA j �rrrrr ORTEQA HWHWA Y (STATE ROUTE 74) i (XXX) INDICATES MEASURED AND RECORD DATA PER �� of c�+►F° � INST. NO. 93-0806017, O.R. HUITT-ZOL LA DC SKETCH TO ACCOMPANY srA' 1 "=30' A LEGAL DESCRIP77ON caAIW BY DW FlWti-Zdere, Ina Irvlris 2803 Main Street, Suite 400. hubs. CA 920M �T S-7, B Q" or PMc Phone (949) 988-8815 Fax (940) 988-5820 SANTA AMRGA WA VA TE 91*t012012 AFFMq BY ,�•�MlWATFR DII37WCT 13' { O 1 NIL EASBW19VT DEEDdGIB NQ 10-1160-25 0.10116025\MAP116025\DW \EX\116025JEX43DWO RESOLUTION NO. 88-10-2 RESOLUTION OF BOARD OF DIRECTORS OF SANTA MARGARITA WATER DISTRICT, ORANGE COUNTY, CALIFORNIA, AMENDING RESOLUTION NO. 79-5-3 REGARDING THE ACCEPTANCE OF DEEDS OR GRANTS CONVEYING ANY INTEREST IN OR BASEMENTS UPON REAL ESTATE AND CONSENTING TO THE RECORDATION OF SAID DEEDS OR GRANTS WHEREAS, this Board did adopt on May 21, 1979, Resolution No. 79-5-3; and WHEREAS, this Board desires to amend said Resolution No. 79-5-3; and WHEREAS, the District will, from time to time, receive deeds or grants conveying interests in or easements upon real estate for public purposes; and WHEREAS, Section 27281 of the Government Code of the State of California provides that deeds or grants conveying any interest in or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its certificate or resolution of acceptance attached to the deed or grant, or by resolution authorizing an officer or agent to accept and consent to such deeds or grants; and WHEREAS, the District is a political corporation within the purview of Section 27281 of the Government Code; NOW, THEREFORE, the Board of Directors of the Santa Margarita Water District DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: ,3 SECTION 1. That the General Manager of the District, the Assistant General Manager of the District, the Chief Engineer of the District, the Assistant Chief Engineer of the District, or the Secretary of the District, or any of them, are hereby authorized as agents of this District to accept and consent to deeds or grants conveying any interest in or easement upon real estate to the District. SECTION 2. That either of the aforementioned agents of said District may execute a certificate of acceptance as provided in Section 27281 of the Government Code certifying that the interest in real property conveyed by any deed is accepted by said District pursuant to authority vested in said agents of this District by this resolution and further certifying that the grantee consents to the recordation of said deed by either of said duly authorized agents. SECTION 3. That any of said agents are hereby authorized and directed to attach his written acceptance to any deeds or grants executed on authority of this Board of Directors and to be recorded. ADOPTED, SIGNED AND APPROVED this 17th day,.-gf.0ctAber, 1988. PrWident of th of Santa Margar (SEAL) ATTES Secre ary ofhe Board f Directors of Santa Margarita water District 1793h/2030/00 -2- if of Directors ter District 1.r STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I, FRITZ R. STRADLING, Secretary of the Board of Directors of the Santa Margarita water District, do hereby certify that the foregoing resolution was duly adopted by the Board of Directors of said District at a regular meeting held on the l7th day of October, 1988, and that it was so adopted by the following vote: AYES: DIRECTORS: BCHONE 60UL-nNGHOUSE yAN DAM MOORE NOES: DIRECTORS: NONE ABSENT: DIRECTORS: KRASHO ABSTAIN: DIRECTORS: NONE Sec etary of the Board of Directors of Santa Margarita Water District (SEAL) STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, FRITZ R'. STRADLING, Secretary of the Boar& of Directors of the Santa Margarita Water District, do hereby certify that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 88-10--!_2, of said Board, and that the same has not been amended or repealed. DATED: October 17, 1988 iscretarg of the Hoar of Directors of Santa Margarita Water District (SEAL) 1743n/2030/00 -3- RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano PROJECT NAME OR NUMBER: 1-1c 0 IPY This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "S-7' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Juan Capistrano, a California municipal corporation ("GRANTOR") does hereby grant to Santa Margarita Water District, a California water district formed and existing pursuant to Section 34000, et. seq., of the Water Code of the State of California ("GRANTEE"), a perpetual non-exclusive easement and right-of-way in, over, under, upon, along, through and across that portion of the real property, at the northwest corner of the intersection of Ortega Highway and Antonio Parkway, situated outside of the City of San Juan Capistrano, in the County of Orange, State of California, as described in Exhibit "S-7, A" and shown on (sketch) Exhibit "S-7, B" attached hereto and by this reference made a part hereof (the "Easement Area'). Such easement and right-of-way shall be for pipelines for water, recycled water and sewer, RESOLUTION NO. 2012-10-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SANTA MARGARITA WATER DISTRICT AUTHORIZING GRANTING OF EASEMENTS TO THE CITY OF SAN JUAN CAPISTRANO OVER A PROPOSED PRESSURE REDUCING STATION AND RECYCLED WATER PUMP STATION SITE IN RANCH PLANNING AREA ], CONTRACT NO. 1747A WHEREAS, the Santa Margarita Water District (the "District") desires to construct water and recycled water improvements to provide to The Ranch Plan Planning Area 1 (PAI); and WHEREAS, the proposed facilities were included in California Environmental Quality Act documentation for the The Ranch Plan, County of Orange Final Environmental Impact Report No. 589; and WHEREAS, One PRS Iocation has been designated as Site 1 PRS and recycled water pump station facility and will be located near the northwest corner of the Antonio Parkway and Ortega Highway Intersection. The Site 1 PRS will also be adjacent to an existing domestic water flow control facility (SC -4) on property owned by the City of San Juan Capistrano (the "City"); and WHEREAS, the District desires to grant an easement or easements to the CSJC for access purposes over the proposed District property described above as Site 1 PRS; NOW, THEREFORE, THE DISTRICT DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: The District General Manager, and Chief Engineer, are hereby and each authorized and directed to sign and Elle, for and on behalf of the District, a Grant of Easement Document in favor of the City of San Juan Capistrano over the District's proposed Site 1 PRS property, PASSED, APPROVED AND ADOPTED this 20 day of October, 2012, ATTEST: Eli th W. Hull Int im Secretary to the Board of Directors BiHILAawslc6 President, Santa Margarita Water District STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) I, ELIZABETH WAGNER HULL, Secretary of the Board of Directors of the Santa Margarita Water District, do hereby certify that the foregoing Resolution was duly adopted by the Board of Directors of said District at a regular meeting held on the 24th day of October, 2012 and that it was so adopted by the following vote: AYES: DIRECTORS: LAWSON, FAUBEL, WILSON, OLSON, JACOBS NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: NONE S , Board of Directors Santa Margarita water District 1, ELIZABETH WAGNER HULL, Secretary of the Board of Directors of the Santa Margarita Water District, do hereby certify that the above and foregoing is a Reil, true and correct copy of Resolution No. 2012-10-02 of said Board, and that the same has not been amended or repealed. DATED: October 24, 2012 (Seal) ecre , Board of Directors Santa Margarita Water District Christy Jakl From:. Christy Jakl Sent: Thursday, December 20, 201211•.39 AM To: Eric Bauman; Justin Kirk Subject: RE: SMWD & RMV Deeds & Easements The originals are ready for you to pick up. Thanks! Christi Neki, cmc Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax ••Please note: In observance of the winter holidays, City Hail will be closed Monday. December 24th through Tuesday, January 1st. City Hall will reopen on Wednesday, January 2nd. HAPPY HOLIDAYS!! From: Eric Bauman Sent: Thursday, December 20, 201210:02 AM To: Christy Jaki; Justin Kirk Subject: RE: SMWD & RMV Deeds & Easements Christy: will need the originals so I can get the check and the other easements from the other parties before I return them for recordation. Eric. From: Christy Jakl Sent: Tuesday, December 11, 2012 2:41 PM To: Justin Kirk; Eric Bauman Subject: SMWD & RMV Deeds & Easements Importance: High Hello, Please let me know when we are able to record the deeds and easements related to item E15 approved at the 12/4 City Council meeting. We have not received originals of several deeds and easements to be signed by SMWD & RMV. Please forward to our office as soon as possible. Thank you! Christi Jzikl Deputy City Clerk City of San Juan Caplstrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Christy Jaki From: Christy Jakl Sent: Tuesday, December 11, 2012 2:41 PM To: Justin Kirk; Eric Bauman Subject: SMWD & RMV Deeds & Easements Importance: High Hello, Please let me know when we are able to record the deeds and easements related to item E15 approved at the 12/.4 City Council meeting. We have not received originals of several deeds and easements to be signed by SMWD & RMV. Please foruvard to our office as soon as possible. Thank youl C:hrlsN Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax w„ City of San Juan Qapistrano Agend ort TO: Karen P. Brust, City Moria M ,'v FROM: Keith Van Der Maaten, Ut' ities Director Prepared by: Eric Bauman, Utilities Enginee�;G(�%�/ ' DATE: December 4, 2012 12/4/2012 E15 SUBJECT: Consideration of Sale of Surplus Property (Parcel No. 125-173-01), the Acceptance and Granting of Reciprocal Easements, and a Temporary Construction Easement Associated With Said Property. (Santa Margarita Water District; "SMWD") (RMV Community Development, LLC, "RMV") RECOMMENDATION: By motion: 1) Authorize the sale of a portion of . Parcel No. 125-173-01 to SMWD to facilitate the construction of a flow control and pump station for SMWD and the granting and acceptance of Public Works, easements across and adjacent to said parcel, to and from SMWD, to facilitate mutual ingress/egress concerns on the subject property; and, 2) Authorize the exchange of a Quitclaim Deed to RMV over an existing Access Easement, for replacement easements from RMV, to restore the access road to the property; and, 3) Authorize the acceptance of a pipeline easement and a temporary construction easement from RMV for the future relocation of the City's SC -04 pipeline; and, 4) Accept payment in the amount of $35,370 from SMWD. EXECUTIVE SUMMARY: The exchange of easements at or near the City's SC -04 Flow Control Facility property (Parcel No. 125-173-01) and the sale of a surplus portion of Parcel No. 125-173-01 will allow SMWD to construct a flow control and pump station that is needed for its operations, will resolve easement issues that the City has with the new access road to the SC -04 Facility, and will resolve an operational and maintenance issue the City has with its SC -04 pipeline. Staff recommends the sale of a portion of Parcel No. 125-173-01 to SMWD, the granting of easements to SMWD and the granting of reciprocal ingress and egress easements for public works purposes to SMWD and from SMWD on Parcel No. 125- 173-01; the exchange of a Quitclaim Deed to the old access road for a replacement V City Council Agenda Report December 4, 2012 Page 2 of 3 easement for the new access road to the SC -04 facility; and, the acceptance of pipeline easements from RMV to provide additional excavation area for the existing SC -04 pipeline and a relocation path for the future SC -04 pipeline alignment. DISCUSSION/ANALYSIS: SMWD needs to construct a flow control and pump station at the City's SC -04 Flow Control Facility and has approached the City regarding the sale of a portion of the property (Attachment 1). Additionally, SMWD needs to run pipelines across the property to connect to its flow control and pump station and has requested an easement on the City's SC -04 Flow Control Facility property to be able to construct and maintain the pipelines (Attachment 2) and an access easement across the City's SC -04 property for ingress/egress (Attachment 3). The City will continue to require access to the portion or the property sold to SMWD for temporary storage and ingress/egress and is therefore requesting an easement back from SMWD over the portion of property sold. to SMWD (Attachment 4). The sale of the portion of the property and the granting of easements to SMWD does not impact the City's current or future plans for the site. As part of the reconstruction of the intersection of Antonio Parkway and Ortega Highway by the County of Orange, the access road to the SC -04 Facility, which is on property owned by RMV, was removed. A new access road in a different alignment within RMV owned property has been constructed by RMV to the SC -04 property. The City currently owns an access easement that corresponds to the location of the old access road and will be Quitclaiming that easement (Attachment 5) in exchange for a new access easement that corresponds to the location of the new access road (Attachment 6). As part of the above property exchanges with RMV and SMWD, the City has an opportunity to resolve an important operational and maintenance issue with its SC -04 pipeline. Due to the erosion of the San Juan Creek embankment and the age of the SC -04 pipeline, the City will eventually need to replace and relocate the SC -04 pipeline from the north eastern comer of the San Juan Creek and Antonio Parkway all the way to the SC -04 Flow Control Facility at Parcel No. 125-173-01 (Attachments 7 & 8). The City currently does not have the easements to relocate this pipeline to the preferred alignment within Antonio Parkway nor does the City currently have a sufficiently wide easement to access the existing pipeline for maintenance or relocation work. The City is therefore requesting easements from RMV to meet the future needs for replacing, relocating, and maintaining the SC -04 pipeline (Attachment 9 & 10). The City was provided an appraisal by SMWD which determined the valuation for the portion of the property to be sold. To substantiate the valuation of the property, the City obtained a second appraisal which confirmed the valuation from the first appraisal. City Council Agenda Report December 4, 2012 Page 3of3 FISCAL IMPACT: The net effect of the property and easements being exchanged, results in a credit to the City of $35,370 (Attachment 11). The valuation of the property sale and easements were based on an appraisal that the City had commissioned which valued the land at $25,482.60. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: • On March 20, 2012, the City Council adopted a resolution declaring a portion of Parcel No. 125-173-01 as surplus property (Attachment 12), and directed staff to obtain a second appraisal. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • At its meeting of September 11, 2012, the Planning Commission found that the exchange was consistent with the General Plan for Public Services and Utilities. • At its meeting of September 18, 2012, the Utilities Commission recommended approval of this item. NOTIFICATION: Dan Ferons, Santa Margarita Water District Jim Yates, Rancho Mission Viejo Community Development, LLC. ATTACHMENTS: Attachment 1 — Grant Deed, Portion of Parcel No. 125-173-01 Attachment 2 — Easement to SMWD Attachment 3 — Ingress/ Egress Easement to SMWD Attachment 4 — Ingress /Egress Easement from SMWD Attachment 5 — Quitclaim Deed to RMV Attachment 6 — Ingress/ Egress Easements from RMV Attachment 7 — SC04 Pipeline Alignment Attachment 8 — Properties Map Attachment 9 — Easement from RMV Attachment 10—Future Construction Easement Attachment 11—Valuation Table Attachment 12—Meeting Minutes from the March 20, 2012 City Council meeting RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Moms, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6903 City of San Juan Capistrano ' This Space for Recorder's Use Only PROJECT NAME OR NUMBER: SC04-FCV Site Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 GRANT DEED 66S-9" FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation duly organized and existing under and by virtue of the laws of the State of California, with its principal place of business located at 32400 Paseo Adelanto, San Juan Capistrano, County of Orange, State of California, for a valuable consideration receipt of which is hereby acknowledged, does hereby grant to: Santa Margarita Water District A portion of the following described real property located at the North West Corner of the intersection of Ortega Highway and Antonio Parkway, (125-173-01), outside the City of San Juan Capistrano, County of Orange, State of California: as described in the attached legal 1 Attachment: l IN description, Exhibit "S-9, A", and shown in the (sketch) Exhibit "S-9, B", attached hereto and by this reference made a part hereof Executed on , 2012, at San Juan Capistrano, California. CITY OF SAN JUAN CAPiSTRANO BY: , Mayor BY: (Attach All -Purpose Acknowledgement Form) Maria Morris, City Clerk 2 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that GRANT DEED "S-9" attached hereto from the CITY OF SAN JUAN CAPISTRANO, to the Santa Margarita Water District is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: GRANTEE Santa Margarita Water District Dan Ferons, General Manager 3 10-1160-25 (D) [DRAFT 02-16-12 Revised 09-10-12 EXHIBIT S-9, A LEGAL DESCRIPTION GRANT DEED CITY OF SAN JUAN CAPISTRANO TO SANTA MARGARITA WATER DISTRICT That portion of Parcel 4 of Certificate of Compliance No. CC 82-2, in the Unincorporated Territory of Orange County, State of California described in that certain document recorded September 3, 1982 as Instrument No. .82-313505 of Official Records, in the office of the County Recorder of said County being more particularly described as being a portion of the land described in the Grant Deed to the Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806017 of said Official Records, described as follows: Commencing at the Northwest corner of the land described as Parcel 139 (101890-1) in the Grant Deed to the State of California recorded March 31, 1999 as Instrument No. 19990236394 of said Official Records, said Northwest corner being the Southerly terminus of that certain course along the Westerly line of the Iand described in said Grant Deed to the Capistrano Valley Water District, shown as having a bearing and distance of "N 10006'37" W 179.48'" on Record of Survey No. 2011-1117, filed in Book 256, Pages 35 through 45, , inclusive, of Records of Survey, in the office of said County Recorder, thence along said Westerly line North 10°06'31" West 58.69 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly line North 79°53'23" East 39.14 feet, thence North 10°06'37" West 100.00 feet; thence South 79°5323" West 39.14 feet to a point on said Westerly line, said point being distant thereon North 10°0631" West 100.00 feet from the TRUE POINT OF BEGINNING; thence along said Westerly line South 10°06'31" East 100.00 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.090 acres, more or less. Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record. As more particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof q/10-1 160.25/a/VCV W D -s M W D/tk/j rg EXHIBIT S-9, A 10-1160-25 (D) LEGAL DESCRIPTION -CONTINUED 02-16-12 GRANT DEED Revised CITY OF SAN JUAN CAPISTRANO TO 09-10-12 SANTA MARGARITA WATER DISTRICT PAGE 2 09/30/13 �-.�EXR NO. bb67 JAMES F. GILLEN, PLS 5557, q/I0-1160-25/a/VCVWD-SMWD/zk/jfg SWEET 1 OF 1 I 1 �l SCALE 1'vm60' P.A.RCEL, 43 � � t CC 2001 01 AS 7- JV0. XO 19-50963-, OA N19 � o o N7s'23 E 3914' 2 N10'Q620 82 a I 88' Q C", C3 l z c W'LY LINE INST. NO. , p.Q.B• 93✓0806017, O.R. 3 , l NTg•5323"� 39.14 �� z139 (101890-1)� PCL NO • P o.� 4 j) 19990236394. O.R. NW GM . � POC. 1.39 �> T�Gq HIGHWAY �._ r �, Oar O�pL L�1p0 r +� N0. 5557 EXP. 9/30/13 DRAFT REVISED 9/10/2012 (XXX) IND/CAMS RECORD DATA PER R.S NO. 2011-1117, R.S,B. 2561W-0) HUllT.-Z0LLA,RS FETCH TO ACCOMPANY SME 1 060' A LEGAL DESCRIPTION AUM B?' DW f {Ili ZOi we. b= (vias EXHIBIT S"$ B CHEOW BY 2803 M[&1�Suite 400. tvtCA 9284-4250 PMc Phorne (9) 988-5M QRANT DEED o IE 21r6/2012 ""WHW BY CITY OF SAN JUAN CAPISTRANO TO SAL w.D. 10-1160-25 0. \10116025\MAP116025\OWG\EX\11602&iDt7aDWV RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Moms, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 8 6903 City of San Juan Capistrano PROJECT NAME OR NUMBER: ' This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "S-7" FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Juan Capistrano, a California municipal corporation ("GRANTOR") does hereby grant to Santa Margarita Water District, a California water district formed and existing pursuant to Section 34000, et. seq., of the Water Code of the State of California ("GRANTEE"), a perpetual non-exclusive easement and right-of-way in, over, under, upon, along, through and across that portion of the real property, at the northwest corner of the intersection of Ortega Highway and Antonio Parkway, situated outside of the City of San Juan Capistrano, in the County of Orange, State of California, as described in Exhibit "S-7, A" and shown on (sketch) Exhibit "S-7, B" attached hereto and by this reference made a part hereof (the "Easement Area"). Such easement and right-of-way shall be for pipelines for water, recycled water and sewer, 1 Attachment 2 together with incidental above or below ground appurtenances, connections and structures. Such easement can be used for pipeline purposes, including, without limitation, the right to enter upon, pass, re -pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re -grade, and otherwise use pipeline facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. Grantee shall have the right to use gates in all of Grantors' fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. Grantee, its successors and assigns shall save, indemnify and hold harmless Grantor, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantor and caused by or arising from (i) use of the Easement Area by Grantee, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights granted to Grantee herein, (Ii) acts or omissions of Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to any work performed by Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns on or In relation to the Easement Area), or (iii) the location and existence of the Grantee's facilities, whether defective or otherwise, including, but not limited to, any loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person. . Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantee and caused by or arising from (i) use of the Easement Area by Grantor, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees, agents, contractors, guests, invitees successors and assigns in'relation- to the exercise of any/all rights retained by Grantor herein (including, but not limited to, failure to comply with all codes, 2 ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any such retained rights). The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the Easement Area for such purposes which do not burden the rights herein granted, and provided further that Grantor, Its successors and assigns shall not, without the prior approval of the City of San Juan Capistrano: 1. Construct or place any street, alley, roadway, fences, block walls, or any other improvement or structure within the Easement Area. 2. Place upon or remove from the Easement Area any earth or fill material. Grantee agrees to obtain and comply with all necessary permits, authorizations, licenses and approvals which are or may be required from any body, agency or department with jurisdiction over the Easement Area, and to restore the original condition of the existing landscape and Improvements within the Easement Area at the completion of any work which disturbs the surface of the Easement Area or any other land owned by Grantor and/or its affiliates. IN WITNESS WHEREOF, this Easement Deed "S-7" is executed and delivered by Grantor as of the day of , 2012. GRANTOR City of San Juan Capistrano 23400 Paseo Adelanto San Juan Capistrano, CA 92675 By: Mayor By. Maria Morris, City Clerk ATTEST: (Attach MkPurpose Acknowledgement) K, CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that EASEMENT DEED "S-7" attached hereto from the CITY OF SAN JUAN CAPISTRANO, to the Santa Margarita Water District is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: GRANTEE Santa Margarita Water District Dan Ferons, General Manager 4 DRAFT] 10-1160-25 (D) 09-10-12 EXHIBIT S-7, A LEGAL DESCRIPTION SANTA MARGARITA WATER DISTRICT FACILITIES AND ACCESS EASEMENT DEED Parcel S-7: That portion of the land described in the Grant Deed to the Capistrano Valley Water District, in the Unincorporated Territory of the County of Orange, State of California, recorded November 19, 1993 as Instrument No. 93-0806017 of Official Records, in the office of the County Recorder of said County, described as follows: Beginning at the Northwesterly corner of said Capistrano Valley Water District land; thence along the Westerly line of said Capistrano Valley Water District land South 10°06'31" East 20.82 feet to the Northwesterly corner of the land described in the Grant Deed to the Santa Margarita Water District, recorded '2012 as Instrument No. of said Official Records; thence leaving said Westerly line and along the Northerly and Easterly lines of said Santa Margarita Water District land the following courses: North 79°5323" Fast 39.14 feet and South 10°0637' East 77.44 feet; thence leaving said Easterly line North 80°30103" East 14.55 feet; thence North 09029'57' West 44.00 feet; thence North 80030'03" East 70.85 feet to the Easterly line of said Capistrano Valley Water District land; thence along said Easterly line North 10006'31" West 32.59 feet; thence leaving last said Easterly line. South 80030'03" West 66.28 feet; thence South 10006131" East 21.H feet to the Northerly line of said Capistrano Valley Water District land; thence along last said Northerly line South 79153'29" West 58.73 feet to the POINT OF BEGINNING Containing an area of 0.108 acres, more or less. NOTE: It is the intent of this description to describe the property around the existing building situated on this land, excepting any land under said existing building As more particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof. Subject to covenants, conditions, reservations, rights-of-way and easements, if any, of record. IN EXHIBIT S-7, A 10-1160-25 (D) LEGAL DESCRIPTION -CONTINUED 09-10-12 SANTA MARGARITA WATER DISTRICT FACILITIES AND ACCESS EASEMENT DEED PAGE 2 No. 6557 EXP. 09/30/13 JAMES F. GILLEN, PLS 5557 W" P.O.S. PARS' S NER INST NOI' 93-08 NE NST NO. 93_0806017, 0 NLY.R• � LINE f� � 58.731 Nyg.j32g E hvsr. W, 1 N10.06/31 "W 21.88 953'2?"E " 66.281 ` z N739.14N80.30103 E N a ca+ w o PARCEL S-7 `�N 17- 108 ACRES 851 `O c��i 2 c ,30,03"E 70' IAm, a o_, � ='vz,l � 'oZo � I 1 3°x ?ao G' %a k u SHEET 1 OF 1 1 rAiz " 1� 1 ` z �', 1y+�yi 14.N80'30103 E 34.55 1 }�—rte 1 rf l DO 080609 0A, `o*PL L4 ft co �5 �'� °� r f r Hl(3HWAY ORTE-rA7E ROUTE 74) N0. 5557 t 0. D(p.8/30/13 DRAFT(M) INDICATES MEASURED AND RECORD DATA PER '�>:• lowr as%., WNST. NO. 93-0806017, O.R. SKETCH TO ACCOMPANY� 1--30' A LEGAL DESCRIP77ON ATA""' BY Dylu Hula-ZoMare. tri. frvlr�e 2603 Main Street, Butte 4001 k -*o. CA 92614 EX Wff 8-7, B D or PMc Phone (949) 988-6818 Fax (949) 988-5M SANTA MAMMffA 10A APP*oWV BY WA TM DIS TMC T s/fo/zof2 EAS WEW DE Na 10—Jf60-25 Q.• 10116025\MAP116025\DW \EX\ 1 16025"43 DWG RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 8 6103 City of San .Juan Capistrano PROJECT NAME OR NUMBER: ' This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED 61S-8" for Ingress f Egress and Temporary Stationing of Equipment and Material FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Juan Capistrano, a California municipal corporation ("GRANTOR") does hereby grant to Santa Margarita Water District , a California water district formed and existing pursuant to Section 34000, et. seq., of the Water Code of the State of California ("GRANTEE"), a perpetual non-exclusive easement and right-of-way in, over, under, upon, along, through and across that portion of real property, at the northwest corner of the intersection of Ortega Highway and Antonio Parkway, situated outside the City of San Juan Capistrano, in the County of Orange, State of California, as described in Exhibit "S-8, A" and shown on (sketch) Exhibit "S-8, B" attached hereto and by this reference made a part hereof (the "Easement Area"). 1 Attachment 3 Such easement can be used for ingress, egress and temporary stationing of equipment and material purposes, including, without limitation, the right to enter upon, pass, re -pass along said land; and to deposit tools, temporarily station implements and other materials during said work. Grantee shall have the right to use gates in all of Grantors' fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. Grantee, its successors and assigns shall save, indemnify and hold harmless Grantor, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantor and caused by or arising from (i) use of the Easement Area by Grantee, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights granted to Grantee herein, (ii) acts or omissions of Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to any work performed by Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns on or in relation to the Easement Area), or (iii) the location and existence of the Grantee's facilities, whether defective or otherwise, including, but not limited to, any loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person. Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantee and caused by or arising from (i) use of the Easement Area by Grantor, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees, agents, contractors, guests, invitees successors and assigns in relation to the exercise of any/all rights retained by Grantor herein (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any such retained rights). E Fa The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface and subsurface of the Easement Area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the City of San Juan Capistrano: 1. Construct or place any street, alley, roadway, fences, block wall, or any other improvement or structure within the Easement Area. 2. Place upon or remove from the Easement Area any earth or fill material. Grantee agrees to obtain and comply with all necessary permits, authorizations, licenses and approvals which are or may be required from any body, agency or department with jurisdiction over the Easement Area, and to restore the original condition of the existing landscape and improvements within the Easement Area at the completion of any work which disturbs the surface of the Easement Area or any other land owned by Grantor and/or its affiliates. IN WITNESS WHEREOF, this Easement Deed °S-8" is executed and delivered by Grantor as of the day of , 2012. GRANTOR City of San Juan Capistrano 23400 Paseo Adelanto San Juan Capistrano, CA 92675 By: By: Maria Morris, City Clerk ATTEST: (Attach All -Purpose Acknowledgement) , Mayor 3 WN CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that EASEMENT DEED 91S-8" attached hereto from the CITY OF SAN JUAN CAPISTRANO, to the Santa Margarita Water District is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: GRANTEE Santa Margarita Water District Dan Ferons, General Manager 4 DRAFT 10-1160-25 (D) 09-10-12 EXHIBIT S-8, A LEGAL DESCRIPTION SANTA MARGARITA WATER DISTRICT ACCESS EASEMENT DEED Parcel S-8: That portion of the land described in the Grant Deed to the Capistrano Valley Water District; in the Unincorporated Territory of the County of Orange, State of California, recorded November 19, 1993 as Instrument No. 93-0806017 of Official Records, in the office of the County Recorder of said County, described as follows: Commencing at the Northwesterly corner of said Capistrano Valley Water District land; thence along the Westerly line of said Capistrano Valley Water District land South 10°06'31" East 20.82 feet to the Northwesterly corner of the land described in the Grant Deed to the Santa Margarita Water District, recorded 2012 as Instrument No. of said Official Records; thence leaving said Westerly line and along the Northerly and Easterly lines of said Santa Margarita Water District land the following courses: North 79°53'23" East 39.14 feet and South 10°06'37" East 77.44 feet to the TRUE POINT OF BEGINNING; thence continuing along said Easterly line and the Southerly line of said Santa Margarita Water District land the following courses: South 10°06'37" East 22.56 feet and South 79°53'23" West 5.63 feet; thence leaving said Southerly line South 12°20'43" East 2.33 feet to the beginning of a curve concave Northwesterly having a radius of 30.00 feet; thence Southwesterly 37.15 feet along said curve through a central angle of 70156'43" to the beginning of a compound curve concave Northwesterly having a radius of 58.00 feet; thence Southwesterly 15.00 feet along said curve through a central angle of 14°48'59" to the Westerly line of said Capistrano Valley Water District land; thence along said Westerly line non -tangent South 10°06'31" East 14.04 feet; thence leaving said Westerly line North 75°41'23" East 2.28 feet to the beginning of a curve concave Northwesterly having a radius 56.00 feet; thence Northeasterly 18.05 feet along said curve through a central angle of 1802752" to the beginning of a compound curve concave Northwesterly having a radius of 60.00 feet; thence Northeasterly 52.75 feet along said curve through a central angle of 50°22'08"; thence non -tangent North 78°02'49" East 23.75 feet; thence North 33°02'49" East 17.87 feet; thence North 10°34'57" West 59.11 feet to the general Southerly line of Parcel 1 as described herein above; thence along said general Southerly line South 80°30'03" West 15.34 feet; thence leaving said general Southerly line South 09°29'57" East 44.00 feet; thence South 80°30'03" West 20.00 feet to the Southeasterly corner of said Parcel 1; thence along said general Southerly line South 80°30'03" West 14.55 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.071 acres, more or less. V EXHIBIT S-8, A 10-1160-25 (D) LEGAL DESCRIPTION -CONTINUED 09-10-12 SANTA MARGARITA WATER DISTRICT ACCESS EASEMENT DEED PAGE 2 NOTE: It is the intent of this description to describe the property around the existing building situated on this land, excepting any land under said existing building As more particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof. Subject to covenants, conditions, reservations, rights-of-way and easements, if any, of record. S t• G m NO. 6667 a EXP. 09/30113 JAMES F. GILLEN, PLS 5557 , SHEET 1 OF 2 P.0 G S-8 iNsr cE1- N �L 93 �Os06O17 O.R. O.R• N 'Ly UNE INST NO. 93-0806017. r N err 1/�1• Jyi/.+ r r. r � rrr+•r + r + 1rr� + N79 53'23"E 39-140 r E » 70 85' r� + j a N8010 03 + z + w . + 15.34 ^� r- -1741 o N80.3 103E ++ 34 a:wr pARCEL b2#49"E V ----- `� N33 0 � V + 17.87 + 1 j ~ N78'02'49"E + 1` Pv 23.75 ; 1 O,�L LA�{/� rrr�.rr s F GRTEGFA HHWAY N0. 5557 (STATE ROUTE 74) EXP. 9/30/13 * � DRAFT] ("X) INDICA TES MEASURED AND RECORD V DA TA PER /NST. NO. 93-0806017, O.R. SKETCH TO ACCOMPANY � 10-30, A LEGAL DESCRIPTION VA4W BY DW( Hunt Zoileim. km hwino 2603 Mem 86VK Sults 400, bvkw, CA 92614 E)ff#W SSB B aNEamo BY PMc Phom (949) 9e8-5815 Fax (949) 98S -5&W SAWA WROAMA DAW rt to er WA TIER D1STIWCT 91YO12012 E4SBWBVT DAM Na 10-11so-2s GRANT DEED TO SMWD, REC. --/—/201Z y AS INST. NO. O.R. l 1 l rrrr rrrr N1270 r r � r 1 1 1 . 1 1 W'LY LINE INST. NO. 93-0806017, O.R. l 1 N3124'00_ "W 1 RAD PCC �9 l 411 a0' hvsT.. NO. SHEET 2 OF 2 P i SCALE. 11=10' r r r N793,23"E '49 43"W, 5.63' N78ro 75. 23' PARCEL S-8 ao7o ACRES 98 -- 08060); OA. RAD PCC^ Z per, o? ti6�8 oy, R�6.03»� i N75�`1� 2 2.28 ' r r r r r r r r / 0.10116025\MAP116025ND*GNEX\116025. X44.DWG RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San- Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code.27383 & 6103 City of San Juan Capistrano PROJECT NAME OR NUMBER: This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "C -5I C-6" for Ingress I Egress and Temporary Stationing of Equipment and Material FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Santa Margarita Water District, a California water district formed and existing pursuant to Section 34000, et. seq., of the Water Code of the State of California ("GRANTOR") does hereby grant to City of San Juan Capistrano, a California municipal corporation ("GRANTEE"), a perpetual non-exclusive easement and right-of-way in, over, under, upon, along, through and across that portion of real property, at the northwest corner of the intersection of Ortega Highway and Antonio Parkway, situated outside the City of San Juan Capistrano, in the County of Orange, State of California, as described in Exhibit "C-5, A" and shown on (sketch) Exhibit "C-5, B;" and as described in Exhibit "C-6, A" and shown on (sketch) Exhibit "C-6, B," 1 Attachment 4 V attached hereto and by this reference made a part hereof (the "Easement Area"). Such easements can. be used for ingress, egress and temporary stationing of equipment and material purposes, including, without limitation, the right to enter upon, pass, re -pass along said land; and to deposit tools, temporarily station implements and other materials. Grantee shall have the right to use gates in all of Grantors' fences which presently or hereafter. cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. Grantee, its successors and assigns shall save, indemnify and hold harmless Grantor, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantor and caused by or arising from (i) use of the Easement Area by Grantee, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights granted to Grantee herein, (ii) acts or omissions of. Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to any work performed by Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns on or in relation to the Easement Area), or (iii) the location and existence of the Grantee's facilities, whether defective or otherwise, including, but not limited to, any loss, cost, damage, liability.and expense arising from damage to or destruction of real and personal property or injury to or death of any person. Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantee and caused by or arising from (i) use of the Easement Area by Grantor, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees, agents, contractors, guests, invitees successors and assigns in relation to the exercise of any/ail rights retained by Grantor herein (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any such retained rights) 014 The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface and subsurface of the Easement Area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the Santa Margarita Water District: 1. Construct or place any street, alley, roadway, fence, block walls, or any other improvement or structure within the Easement Area. 2. Place upon or remove from the Easement Area any earth or fill material. Grantee agrees to obtain and comply with all necessary permits, authorizations, licenses and approvals which are or may be required from any body, agency or department with jurisdiction over the Easement Area, and to restore the original condition of the existing landscape and improvements within the Easement Area at the completion of any work which disturbs the surface of the Easement Area or any other land owned by Grantor and/or its affiliates. IN WITNESS WHEREOF, this Easement Deed "C-5/ C-6" is executed and delivered by Grantor as of the day of , 2012. GRANTOR Santa Margarita Water District, a California water district By: Dan Ferons General Manager ATTEST: (Attach AU-ftWe AdmWedgement) 3 ME CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that certain EASEMENT DEED "C-5/ C-6" attached hereto from the Santa Margarita Water District, to the City of San Juan Capistrano'r is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: GRANTEE City of San Juan Capistrano 4 , Mayor 10-1160-25 (D) DRAFT 02-16-12 d Revised 09-10-12 EXHIBIT C-5, A LEGAL DESCRIPTION EASEMENT DEED CITY OF SAN JUAN CAPISTRANO Parcel C-5: That portion of Parcel 43 of Certificate of Compliance No. CC 2001-01, in the Unincorporated Territory of the County of Orange, State of California, recorded July 26, 2001 as Instrument No. 20010508635 of Official Records, in the office of the County Recorder of said County, described as follows: Commencing at the Northwest corner of the land described as Parcel 139 (101890-1) in the Grant Deed to the State of California recorded March 31, 1999 as Instrument No. 19990236394 of said Official Records, said Northwest corner being the Southerly terminus of that certain course along the Westerly line of the land described in the Grant Deed to the Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806017 of said Official Records, shown as having a bearing and distance of "N 10006'36" W 179.51' " on Record of Survey No. 2011-1117, filed in Book 256, Pages 35 through 45, inclusive, of Records of Survey, in the office of the said County Recorder; thence along said Westerly line North 10°06'31" West 58.69 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly line South 79°53'23" West 20.87 feet to the Easterly sideline of Parcel 3 as described in the Grant of Easement to the Santa Margarita Water District, recorded August 30, 2011 as Instrument No. 2011000428444 of said Official Records; thence along said Easterly sideline, the following courses: North 10°06'37" West 93.01 feet to the beginning of curve concave Easterly having a radius of 35.00 feet and Northerly 7.04 feet along said curve through a central angle of 11031'56`; thence leaving said Easterly sideline non -tangent North 79°53'23" East 20.16 feet to said Westerly line, said point being distant thereon North 10°06'31" West 100.00 feet from the TRUE POINT OF BEGINNING; thence along said Westerly line South 10°0631" East 100.00 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.048 acres, more or less. Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record. As more particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof. q/10-1160-25/a1/SM WD-PRS/A&M EXHIBIT C-5, A 10-1160-25 (D) LEGAL DESCRIPTION -CONTINUED 02-16-12 GRANT DEED Revised RANCHO MISSON VIEJO TO 09-10-12 CITY OF SAN JUAN CAPISTRANO PAGE 2 NO. 5557 XP. 09/30/13 V�_ JAMES F. GILLEN, PLS 5557 , AMO'VWX-rSZ09111 Ag\a*0\9L0911dVM\gZ091101 \ �) SC -0911-01 OW�SIdVO VN eve zloz/9r/i pro NVflr NNS dO A L)O Ag aMo#ddV O33O LN3M6V3 otas-ass (as) MW 9189-M (6e) GUMU Oft AO 8 '4-O LellHX3 Daae do 'ten 'cov' z -i drill .c� �vra NOI1d1210S3t7 7b'937 b •os 1 � ANVdnOOOV 01 H013WS WIOZ~.LLinH (9*-%%Z/99X 63 a 211-1100 PON 'S'& Led dtVO oW03ar SMVOIONi (XXX) atoz/OV6 G-WM ar 1 1 � dMHOIN V0891110 � 1 do 1 BUNS te Z 9610 d4 a 0 `ZI09080-£8 j SON 1SN! Mn .t V `. YO ;44 199060-86 see S3wv 8t0-0 ? . 11 �� N � $sem+j t. YO M99600aOX POA' rLW RC1 - fox 33 Oir 73.?bYd DRAFT.,. IN 10-1160-25 (D) 02-16-12 Revised 09-10-12 EXHIBIT C-6, A LEGAL DESCRIPTION EASEMENT DEED SANTA MARGARITA WATER DISTRICT TO CITY OF SAN JUAN CAPISTRANO Parcel C-6: That portion of Parcel 4 of Certificate of Compliance No. CC 82-2, in the Unincorporated Territory of Orange County, State of California described in that certain document recorded September 3, 1982 as Instrument No. 82-313505 of Official Records, in the office of the County Recorder of said County being more particularly described as being a portion of the land described in the Grant Deed to the Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806017 of said Official Records, described as follows: Commencing at the Northwest corner of the land described as Parcel 139 (101890-1) in the Grant Deed to the State of California recorded March 31, 1999 as instrument No. 19990236394 of said Official Records, said Northwest corner being the Southerly terminus of that certain course along the Westerly line of the land described in said Grant Deed to the Capistrano Valley Water District, shown as having a bearing and distance of "N 10006'36" W 179.51'" on Record of Survey No. 2011-1117, filed in Book 256, Pages 35 through 45, inclusive, of Records of Survey, in the office of said County Recorder; thence along said Westerly line North 10°06'31" West 58.69 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly line North 79°53'23" East 39.14 feet; thence North 10°06'37" West 100.00 feet; thence South 79°53'23" West 39.14 feet to a point on said Westerly line, thence along said Westerly line South 10°06'31" East 27.94 feet; thence leaving said Westerly line North 80130'03" East 24.21 feet; thence South 09°29'57" East 43.33 feet; thence South 80°30103" West 20.00 feet; thence North 09029157" West 21.33 feet; thence South 80130'03" West 3.98 feet to a point on said Westerly line, said point being distant thereon North 10°06'31" West 50.06 feet from the TRUE POINT OF BEGINNING; thence along said Westerly line South 10°06'31" East 50.06 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.068 acres, more or less. NOTE: It is the intent of this description to describe the, property around the proposed building to be situated on this land, excepting any land under said proposed building. qn0.1160-25/aWV WD-SMWD/2Vjf9 EXHIBIT C-6, A 10-1160-25 (D) LEGAL DESCRIPTION -CONTINUED 02-16-12 GRANT DEED Revised SANTA MARGARITA WATER DISTRICT TO 09-10-I2 CITY OF SAN JUAN CAPISTRANO PAGE Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record. As more particularly shown on Exhibit "B" attached hereto and by this reference made a part hereof F. 11' 7 NO. 5557 EXP. 09/30/13 JAMES F. GILLEN, PLS 5557 q110.1160-25/a1VCV WD -SM W D/zk/jfg COURSE DATA: I 1� N10106'31V 27.94' 2 N10'06'31 "W 50.06' PARCf-I 43 11VST AD, 20010-0963:6, OR no PARCEL C-6 _ r 0.068 ACRES j.r r '~ �3, N 4 ,31NW 399 4''23+� z N10ti 20.82' N ix WL Y UNE INST. NO. 1, 93-0806017, O.R. 2 r •3 N'9 *5 1 3 ` 39.14 � —139101890-1)^� Y PCL INST. NO' y19gg0236394. O.R. NW CM, / � PCL 139 4�iE w ax 01 88 ' 90 �...--- --r6 as NIGHWA � pR SHEET i OF 2 Q O 0 Z � Q `li^rfi l y� N0. 5557 0 EXP. 9/30/13 * DRAFT 4 or cAL%I REW7SED 91'7012012 (XXX) INDICATES RECORD DATA PER R.S. NQ 2011-1117, R.S.B. 256/35-45) HUITT-ZOLIAI\3 SKETCH TO ACCOMPANY *TAM1 =so' A LEGAL DESCRIPTIONwaw-, -Or DW Hit-zolam hum 03 CA 926H 4250 EXHIBIT 0-6, 8 EmErm eY Pme 26Main 400, Phone (949) 9W -5W Fax (949) 988-5520 EASEMENT DEED DA Ir 21'1612012 ,PR WD By CITY 4F SAN JUAN OAPI87RANO T4 SA WA 1011so-25 Q. \ 10116025 \MAP116025 \DWG \EX \ 116025JEX70A.DWU SCALE f 1-20' SHEET 2 r r r r r � r r r r r'~ f r r r +� r r r r 3 b �l N7 393'Zg"E W'LY LINE 1NST. NO. 93-0806017, O.R. N80 30'03"E 398' REVISED 9/10/2012 OF 2 Q.• \701760Z5 jMAY776uL.D\LJWWWArAAIICUZOJGCICIA-URD RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE 27383 & 8903 CRY OF SAN JUAN CAPISTRANO Documentary Transfer Tax No Tax Due QUITCLAIM DEED R-1/ R-2 CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation duly organized and existing under and by virtue of the laws of the State of California, with its principal place of business located. at 32400 Paseo Adelanto, San Juan Capistrano, County of Orange, State of California, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim to: RMV COMMUNITY DEVELOPMENT, LLC, a California limited liability company, an easement and construction easement recorded as Instrument No. 93-0806018 O.R. This document was recorded in favor of the Capistrano Valley Water District (as predecessor -in -interest to the City of San Juan Capistrano), and located at the northwest corner of the intersection of Ortega Highway and Antonio Parkway, situated outside of the City of San Juan Capistrano, -in the County of Orange, State of California: as described in' the attached legal description for the easement and construction easement as, Exhibit uR-1, A", and shown in the (sketch) Exhibit "R-1, B", and attached hereto and by this reference made a part hereof. Executed on , 2012, at San Juan Capistrano, California. CITY OF SAN JUAN CAPISTRANO BY: Mayor BY: Maria Morris, City Clerk ATTEST: (Attach All -Purpose Acknowledgement) ATTACHMENT 5 ME DRAFT EXHIBIT R-1, A LEGAL DESCRIPTION CITY OF SAN JUAN CAPISTRANO . QUITCLAIM DEED Parcel I (Construction Easement): 10-1160-20 (D) 09-10-12 Parcel 1, as described in the Easement Deed to Capistrano Valley Water District, in the Unincorporated Territory of the County of Orange, State of California, recorded November 19, 1993 as Instrument No_ 93-0806018 of Official Records, in the office of the County Recorder of said County. Parcel 2 (Access Easement): Parcel 2, as described in the Easement Deed to Capistrano Valley Water District, in the Unincorporated Territory of the County of Orange, State of California, recorded November 19, 1993 as Instrument No. 93-0806018 of Official Records, in the office of the County Recorder of said County. Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record. JAMES F. GILLEN, PLS 5557 NO. 5557 EXP. 09/30113 : - air= AT Thnl l{OOUEt1 0 AND VAIL TAX RAMOM TG1 DOC # n-0806018 S 19—Nov-1993 03159 PM t' nuhtm CAPISTRANO VALLEY WATER DISTRICT tom*d ihl 4lttd�h �carde 32460 Paseo Adelentod (kna ', Witareia in A. kw, Cwty LMrft San Juan Capistrano, CA 92978 Put i d 7 Feast t 0.00 Tatar t 0. V. PROJECT NAME OR NUMBER: sn•...��v» Flow Control Faci ty No. 4 Documentary Tranefer Tax File No. 70.002 No Tax Due RIECORDING RECIUESTED PER , ENT DE SECTION 0103 GRANT OF EASEMENT DEED TO CAPISTRANO VALLEY WATER DISTRICT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Bente Margshtts Company (`GRANTOR-) F of hereby grants and conveys to Capistrano Valley Water District. a public corpomdon �. ("Grams@', a parpewat, non-exciusive access easement and rt k -of -way for a roadway over, upon, along, through and across the respective portions of the met property described in Exhibit A and diagrammed In Exhibit B, as pare! 2; attached hereto and by mention Incorporated Into this document. The easement and right-of- way granted heroin are In gross. The easement and right-of-way granted herein included the incidental rights to enter upon and pass and repass over and along the Easement Area for the oonsuucdon (Including, without limitation, grading, excavation and aompacdon of the Easement Area), reconstruction, enlargement, ImpravernM repair, operation and ma[ntenence of the faciiiiises to be constructed by Grantee and for tngmes and egress to Gns ntWs property. After completion of any work performed by Grantee or Its agents, contractors or employees which disturbs the surface of GrantoNs property, Grantee shell restore the surface of such area as close as reasonable to Its original character. The easement and dght-of-way acquired herein are acquired subject to the right of Grantor, Its successors and assigns, to use the surface and subsurface of the land within the ESSOMM Area to the extent that such use Is ate with the full and free exercise of the easement and right-of-way of Grantee; provided, however, that no feni;6s, block wails, or other structures of other improvements shall be constructed EXHIBIT "8" �18' u TO yl�ott CARi9TRAMO YA� ERs DlSRIOt @A NNil'8R.01. Y idri � SHEET -- 1 OF ! SNiST .elf.,,,! Exhibit R-1, B . ,A,;I�rawn and along the Easement Also without the prior written consent of Grantee. _Jig" Consent shall nat be unreasonably withhold or delayed. No NII or paving of any nature ehsa be placed or maintained an the surface of the ground within the Easement Area, nor shall any earth be removed after driveway construction, without the prior written consent of Grantee, Which consent shell not be unreasonably withheld of delayed. Grantee shell have the right to use gates In ell of Grantor's fences which presently or hereafter crone the Easement Area, and to remove, trim, cut and claw away any trees and brush whenever In Grantee's reasonable judgment the Same shall be necessary for the convanlent end safe aserclse of the rights granted hereby. This Grant of Easement is being recorded In conjunction with the etteChad SubordinetionW. IN WITNESS WHEREOF, this instrument has been executed this loth day of Saptmbex , 1993, 'GRANTOR' [t1 4 so Mark 0. Mournff Vice Presldern, Finance ATTEST: Santa Margarita Company Wttarh NW,y Centura[.) By: �l Welter F. Niamatf, Jr. Senior Vice Preeldent/Chlef Financial Officer Sento Margarita Company 2 EXHIBIT "B" axeTat TO ACCOYWNY A (COAL tESCAWTWH Poe CAPISTRANO V LEY TATER OISRICT 6EENSOLFACLY No 4E MT 16 M SHEET I OF I SHEET �a/r �aaytmTmXOagxdw � .px aAar+ rte_ yllaea N ,t STM OF CALiPORNSA Joe. COMITY OF ORANOR 00 0 , Personally G"red--Lj it whose a and ad j not s9- 3,_ before Me, A. �l`_ AW E ��t�w►o.w» . -%A , and kaon to oma (or dance) to be the 4 to as that he/she/they exacated the brined cV& ity(ies) , and that by on the Instrument the person(s), or Which the persons) acted, executed the LASS ay hand and official seal. a LA4 a.8 No nun �n-a fa id $Acta Oaa� � ttati KilAi / .. dOVRRNNW COBB 2TSC1.7 I CBRPIFY UNDER PENALTY OF PRRJURY THAT Tips NOTARY SRAL ON TRE UO0[NBHT TO NRICR ?RIS STA9CHWIT IS ATTACKED WW3 AS AW.LONlSs NAME QP TIM NOTARY ._._inlymmd. g --r DATE COidlLtSSION gains � 1A nr&G COUNTY WRB BOND IS FILED fie+ ,�Q ._..�... idNttlt:At:T1�BR�YBN�tt Lir• I �I I r�..�...r1 M�.I ..�gr�..r.l� I#LILCB oi+ aXRCOTiQN 3P21 �.d. �!� e.d . f.;m DATA _fholf3 tilOYtATUR$ I EXHIBIT °B" ter I of I 8W9 , Le Onemmem FaR C�L F�� 4 f 3RtC'i' 94� 9�6en� $ nl:'vlssD D6C. 06 Assn jW89m �+earm wrm]rra:r+ar tete a eo t tie u s sn(opM� 0 lZp4��p i 00'08 Is" .1¢00.9 4706 Ono% Piss 80slB Muer 4WOON 4*0 p 9m sold 'shot 400e ut g� t Ai4lH n (BPM =03 00'001) I 90047-M imsd 00.09 PUB OW EOL 9* 00 tt - ted at WO sip ss i tela aM-�m� iri FM UN Nowul ao •Iva 6 VAMh NMN of HUM BOW 'tat JOW ai ago 1I91HX3 dam 0 no comp WO m of "" al (ium stood a Load asset ao Won •swov t8t'0 =81tIt1I1tm *own iniad 204 3 � 'Ut %M 419080401 ONS GOUMA i ll 47 BNIL01t870 a JIM Inu Bail RA9760% Piss auoLs Buisniinoo B taiB.u* 7tiioa Dim 98 03 Psi SSW MA „ 0E.08.2 47AoN ani L 44420* Piss 800Lo saue�W/{ tAOpA M 4003 GON-10 B47 do 031"D pias ni XPAOM Lst2l&yo 3o 4709 1OM-12 *ON *W=Apa1 ss 18bI 'z A 7wS ABPuooOA laf4stq 47lf ",4 s7ONS of 1090103 do 3004 e uE p0gj=gp ss 1 Lound do Batt �tt.104$ m M 47M 9zo �d '8110 s8 at UGI a amp P sit z -zx e d ni Rs9 se t$Pi� i8e3 00.001.1IiAoiH 0",;o salt Aax-do- i t LA0ap ou BR ao 00l7ussiftol 8% it 917881x811100 :sMLLo.4 Se paqimnp GA 4s1q% 40 MIL RLA93"B PO jCt 147 'BPIA Wl 00'08 POL As OWE 1t , ("MM UDIJON7suo:1) t LsAQd se j0 00 &UGJ M 4 IN dtt988Vd VALN0;1 mu 12=10 AMM WA=dV* 1108ld8tp o 7= 8 Ac t eftd am '83 MIT am of MOM PUP" eu s 21w"ttll 900tur 1Md 4mLr Butt SsWNSW t ISM w mm 89 It 14 40 A nio7AB* . F _7or!• _r �6bert bin W11iam Prat a Associates "sem ll1Fao11ityNo.4Resomts Revised 0 9, 119E Joe go, 1M JR 26818-LUO Page 2 of 2 Office of the OraMp Coate Recorders the= along said northarly right -of -M line North 846111234 East 09.61 feet to the westerlylies of said Parcel I9-1.21 trace along said wasterlyy and northerly tines of sad Parcel North 8.48' 31' west 20.00 feet and Horth 84•1I1235 East 316.39 feet to a line which beaft Sonth 10'061131' East frena the POINT OF BEGINNING; than Horth 10.06'31" hest 36.01 feet to the POINT a low=. CMAIN1H8s 0.319 Acres, more or less. SUMECT TO all Covenants► Rights, Rights -of -Hay and Easments of Record. WIBIT '8' attached and bir this reference Wo a Fart hereof. s . d L. t/WD,Fti iw * �4w am. taarao OF pAU� EXHIBIT a8 801 TO. ADWWAW A uoAL 0864111"Ou ran 4laeva sues i oR i s�s� 9w M :.rr a� war .uetue 4 V EXHIBIT "9" sll$= " I1000~ A Lem OR="FOR CAPISTRM V�potLPV W 018RICT li'Y 1� 4 SHEET 1 OF 1 SMT lwmgtim pm� moms '��LerrfAeR.ioo3a r CqWmw OVOW'Mater CAPISTBANO VAid:6P MATER MOTRICT 324S5 Paseo Adelanto San OUm Capistrano, CA 92675 BTATB OF Ch=POBBIA ) OOBBTY OF ORASUB ) ae. CITY or B= avan CAPIBTSABO) I, Oaurg-A BBott, Clerk of the Board of Directors of Capistrano Valley water District, do hereby certify that the attached instrument use duly approved and accepted at a Regular meeting of tha Board of Directors of Capistrano Valley water District held on the 21at day of September, 1993 by unanimous vote. P.O.Boa967,San2uan C4bUanp,Ca&rldn9M 4— Phona714-093d515 922450 Paced A"Mo • San Juan Ceptahemo, CaB avola 92675 FAX 714-0933%6 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 .City of San Juan Capistrano PROJECT NAME OR NUMBER: This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "C-21 C-4" FOR A VALUABLE CONSIDERATION; receipt of which is hereby acknowledged, RMV COMMUNITY DEVELOPMENT, LLC, a California limited liability company ("GRANTOR") does hereby grant to City of San Juan Capistrano, a California municipal corporation ("GRANTEE"), a perpetual non-exclusive easement and right-of-way in, over, under, upon, through and across that portion of the real property, at the northwest corner of the intersection of Ortega Highway and Antonio Parkway, situated outside the City of San Juan Capistrano, County of Orange, State of California, as described in Exhibits "C-2, A" and shown on (sketch) Exhibit "C- 2, B;" and, "C-4, A" and shown on (sketch) Exhibit "C-4, B" attached hereto and by this reference made a part hereof (the "Easement Area"). Such easement and right-of-way shall be for pipelines for water, recycled water and sewer, together with incidental above or below ground appurtenances, connections and structures. Such easement can be used for pipeline purposes, 1 ATTACHMENT 6 V including, without limitation, the right to enter upon, pass, re -pass along said land; to lay, construct, reconstruct, remove, replace, renew, inspect, maintain, repair, improve, relocate, fill or re -grade, and otherwise use the pipeline facilities; to deposit tools, implements and other materials during said work, together with such connections, structures and facilities incidental thereto. Grantee shall have the right to use gates in all of Grantors' fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush within the Easement Area whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. Grantee, its successors and assigns shall save, indemnify and hold harmless Grantor, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantor and caused by or arising from (i) use of the Easement Area by Grantee, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights granted to Grantee herein, (ii) acts or omissions of Grantee; its employees, agents, contractors, guests, invitees, successors and/or assigns (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to any work performed by Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns on or in relation to the Easement Area), or (iii) the location and existence of the Grantee's facilities, whether defective or otherwise, including, but not limited to, any loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person. Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantee and caused by or arising from (i) use of the Easement Area by Grantor, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees, agents, contractors, guests, invitees successors and assigns in relation to the exercise of any/all rights retained by Grantor herein (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any E V such retained rights) FRA The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface of the Easement Area, for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the City of San Juan Capistrano: 1. Construct or place any street, alley, roadway, fence, block wall, or any other improvement or structure within the Easement Area. 2. Place upon or remove from the Easement Area any earth or fill material. Grantee agrees to obtain and comply with all necessary permits, authorizations, licenses and approvals which are or may. be required from any body, agency or department -with jurisdiction over the Easement Area, and to restore the original condition of the existing landscape and improvements within the Easement Area at the completion of any work which disturbs the surface of the Easement Area or any other land owned by Grantor and/or its affiliates. IN WITNESS WHEREOF, this Easement Deed "C-2/ C-4" Is executed and delivered by Grantor as of the day of , 2012. RMV COMMUNITY DEVELOPMENT, LLC, a California limited liability company By: Rancho Mission Viejo, LLC, a Delaware limited liability company Its: Authorized agent and manager By: Its: By: Its: ATTEST: (Attach A l -Purpose Acknowledgement) 3 IN CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that certain EASEMENT DEED "C-21 C-4"attached hereto from RMV COMMUNITY DEVELOPMENT, LLC, a California limited liability company, to the City of San Juan Capistrano, is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: GRANTEE City of San Juan Capistrano .19 Mayor 10-1160-06 (D) DRAFT 06-18-09 Revised 09-10-12 EXHIBIT C-2, A LEGAL DESCRIPTION CITY OF SAN JUAN CAPISTRANO PIPELINE EASEMENT That portion of Parcel 43 of Certificate of Compliance CC 2001-01, in the Unincorporated Territory of the County of Orange, State of California, recorded July 26, 2001 as Instrument No. 20010508635 of Official Records, in the office of the County Recorder of said County, being a strip of land, 60.00 feet wide, the centerline of which is described as follows: Beginning at the Southerly terminus of that certain course along the centerline of the 20 -foot wide easement of Parcel 1, as described in the Easement Deed to the Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806019 of said Official Records, shown as having a bearing and distance of "North 10°06'31" West 355.68 feet" in said Easement Deed, said point also lying on the Northerly line of that certain parcel of land, as described in the Grant Deed to the Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806017 of said Official Records, as shown on Record of Survey No. 2006-1181, in Book 218, Pages 14 through 24, inclusive, of Records of Survey, in the office of said County Recorder; thence along said centerline, the following courses: North 10°0637" West 355.68 feet to the beginning of a curve concave Easterly having a radius of 336.45 feet, Northerly 42.51 feet along said curve through a central angle of 7°14'23", and North 2052114" West 337.44 feet to the Northerly line of Parcel 2 of the Planning Area One Development Boundary as approved July 26, 2006 by Orange County Planning Commission Resolution No. 06-05, as shown on said Record of Survey. Said strip of Iand shall be lengthened or shortened so as to originate Southerly in said Northerly line of said parcel and its Easterly prolongation and terminate Northerly in said Northerly line of said Parcel 2. EXCEPTING therefrom any portion lying within said existing 20 -foot wide easement. Containing an area of 0.676 acres, more or less. q/10-1 160-061a/VSJCpi pclind&%pm EXHIBIT C-2, A 10-1160-06 (D) LEGAL DESCRIPTION -CONTINUED 06-18-09 CITY OF SAN JUAN CAPISTRANO Revised PIPELINE EASEMENT 09-10-12 PAGE 2 II&I NO. 5557 kN-1 XP. 09/30113 JAMES F. GILLEN, PLS 5557 a10.1160-06laNSJCpipc %c/zk/ pm 1.) SEE SHEET 2 SHEET 1 OF 2 l 20' 20. PARC.t. 4; 9 to 20 60'co � 1 CENTERLINE OF 20' M WIDE ESMT. PER /NST. 3 ► RC1 I NO. 93-0806019, O.R. Q �� t C C 2001 — 01 i z P.o•e a a PARCEL C-2 0.676 AC. 1 0 N'LY UNE INST. NO. 93-0806017, C.R. 5.00' t� t t N79.53�23"E) t ffvsr.w, t t 2 t 20011./-508635, OA HIGHWAY _�1�►i. L�IyA 1 )*) " DRAFT EXP. 9/3°/13 0 REVISED 9/10/2012 HUITT-ZOLIA% 430 EExduvVs, &do 200, Irvho, CA80282 X15 Phones CM) 734-8100 Fax 0714) 734 -SM APMVW sr (XXX) INDICATES RECORD DATA PER R.S. NO. 2006-1181, R.S.B. 218114-24, O.R. IXXXj INDICATES RECORD DATA PER INST. NO. 93-0806019, O.R. SKETCH TO ACCOMPANY A LEGAL DESCRIPTION EXHIBIT 0-2, B CITY OF SAN JUAN OAPISTRANO PIPEUVE EASEMENT 1'-80' •"•••'"• DW CHECIM ByPMCIJLG °41E 6/98/2009 An 10-1160-06 0.- \10116006\MAP116006\DM\116006.E7107.DWrG J N ` � OIJVOJNe a�Z � 1 '`pvZ C, �2-1a m > > oCL�p aQack� 1 ic� �o OWN �oOam a0 N N o►►�r V 8�� Q:t6USi2 r � .8959£ ------------- -- .*,Kzrr M.b1.ZgZ0M M�f.£.S L.61Mw"O,zg-zo'vl L 0 Q \ 1 \ U Vft DRAFT* 10-1160-20 (D) 09-10-12 EXHIBIT C4, A LEGAL DESCRIPTION CITY OF SAN JUAN CAPISTRANO FACILITIES AND ACCESS EASEMENT That portion of Parcel 43 of Certificate of Compliance No. CC 2001-01, in the Unincorporated Territory of the County of Orange, State of California, recorded July 26, 2001 as Instrument No. 20010508635 of Official Records, in the office of the County Recorder of said County, described as follows: Bounded on the South by the Northerly line of the easement described in the Easement Deed to Santa Margarita Water District, recorded August 30, 2011 as Instrument No. 2011000428446 of said Official Records; bounded on the East by the Westerly right-of-way line of Antonio Parkway as described in Exhibit "A-1" in the Grant Deed to the County of Orange, recorded October 5, 2010 as Instrument No. 2010000500805 of said Official Records; bounded on the North by a line parallel with and 30.00 feet Northerly of the previously described Northerly line; and bounded on the West by a line parallel with and 30.00 feet Easterly of the centerline of Parcel 1, as described in the Easement Deed to the Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806019 of said Official Records. Containing an area of 0.041 acres, more or less. As shown on Exhibit B attached hereto and by this reference made a part hereof. Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record. F. NO. 5857 EXP. 09/30/13 JAMES F. GILLEN, PLS 5557 t 1 } cc 2901 o I i 1 1 l l 1 2 0'1 1 3 1 fd t 10' d a of 1 a 1 FARCLL 43 .� 1 1 t o e PARCEL Es4 Y , �•.l 1 � z Qc 1 ' 1 30' 1 t 1 O 1 N'LY LINE lNST. NO. 2011000428446' 0 R. ` Q l 1 1 } hvs7 : it 1 1 W, t 290 3D-5086 v, OA l ,*ox L AHO O�yye��s F. DRAFT Na 5357 DV.9/30/13 � 4 or clot HUITT—ZOLIARS SKETCH TO ACCOMPANY 1X20' A LEGAL DESCRIP71ON amw 81' DIW Hint-zal r% Inc' kNkld EXHIBIT C-4, B a" By p,Nc 2803 Malt Street, Su to 400. Wm, CA 92814 Phone (949) sus -5815 Fax (949) Os -5= CITY OF SAN JUAN IMor ,�rfa er CAPISTRANO s/1o�i2 EASEMENT ` 10-�1so-2o 4.• \10116020\MAP116020\DWG\EX\116020EEX05 DWG I� E� yy a y aymfl � � r a i \ ATTACHMENT 7 Sheet 1 of 4 \ Easemenle (Mve tleMAlon on Speed 1-0) Proposed Cry of SJC Enaamem wAooaaa - Prop wd CXy SJC TOE Eeaemae Eeaemonuo M OnIdelmeE(ImL No. 93-0808018 O.R Cly of San Juan Canatrano(Fee) SMWO IPaopoed Fee) 5 P� See Sheets 3 and 4 REEK See Sheet 0 100 200 400 OFeet HU: - ATTACHMENT 8 y a NLL N s � _ g i e u vii u OPSO:O dUWH 601301:aud J dO 1W5 i� .Y II i?t _ OiNOlro N a Sheet 3 of U 0 25 50 100 o Feet Legend - Ea ille, CHI SIC Eeeemenls Ot - FaoHWMIAmess O Pmposed CIry SIC Essem ids (RMV W CIry SIC) C-2-FacMdMAccee6 C3- Access Cd-FaclJgyAccau O Pmpdsed CIry SIC Eaeoment (SMWO to CIry SJC) C-5 A.,,. C -B -Amass i� We Ou&WIM old K eaa EafemeM (Ina. N SODBE E ... m me Pmpaead SMWD Fea (RMV W W SMD( _ 1Pmpdeed$MWDFee(City SJCWSMWD( U_1 City 0 San Jaew 9106080190R.)n Cephtmno (ExJMuV Fee) CV Sheet4 of4 0 25 50 100 ei v Feet Legend -among SMM Easements Sl - F.WflaWA . 5 -2 -Acores S -J - FaWMaVA aaa Q Proposed SMM Easements (RMV tP SMVSD) Ss - See yr Forte Meine3mv'dy/Arrau S-5-F¢iltim/Acores "- F.dWealAccam Q Prowsed SIAM Easements (Cit, SJC b SMM) 5-7-FadlWaslA ss Sd-Aecees �{ Pmpeseet S W Fee (City SJC to SMM) S-9 - Fee Pmpeaed SMM Fee (RMV to SMM) 5 -10 -Fee Cit, of San Juan Ca,aeanP (Enetiy Fee) O SDG&E Easements RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Moms, City Clerk City of San Juan Capistrano 32400 Paseo Adeianto San Juan Capistrano, CA 92675 Exempt from Recording Fees. Gov Code 27383 & 6903 City of San Juan Capistrano PROJECT NAME OR NUMBER: ' This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 TEMPORARY EASEMENT DEED "C-7" FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RMV COMMUNITY DEVELOPMENT, LLC, a California limited liability company ("GRANTOR") hereby grants and conveys to City of San Juan Capistrano, a public corporation ("GRANTEE"), a temporary easement for construction purposes in, over, under, upon, through and across the real property. situated outside the City of San Juan Capistrano, in the County of Orange, State of California, as described in Exhibit "C-7, A" and shown on (sketch) Exhibit "C-7, B" attached hereto and by this reference made a part hereof (the "Easement Area"), in which said Grantors) has an interest of record, together with the right to excavate, fill or re -grade said property; to enter upon, to pass and re -pass over said land, and to deposit tools, implements and other materials thereon by Grantee, its officers, agents and employees, and by persons under contract with it and their employees, whenever and wherever necessary for the purposes above set forth. The rights acquired herein shall be subject to the right of the fee owner its successors and assigns, to reasonably use the surface and subsurface of the Easement Area for such purposes ATTACHMENT 9 which do not burden the rights herein granted. Grantee, its successors and assigns shall save, indemnify and hold harmless Grantor, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantor and caused by or arising from (I) use of the Easement Area by Grantee, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights granted to Grantee herein, (ii) acts or omissions of Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to any work performed by Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns on or in relation to the Easement Area), or (iii) the location and existence of the Grantee's facilities, whether defective or otherwise, including, but not limited to, any loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person. Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantee and caused by or arising from (i) use of the Easement Area by Grantor, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees, agents, contractors, guests, invitees successors and assigns In relation to the exercise of any/all rights retained by Grantor herein (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any such retained rights). The easement herein granted shall become effective on the signature date of this instrument and automatically terminate One Year after the City of San Juan Capistrano first moves construction equipment on the site for the purpose of relocating its pipeline within an adjacent easement as described in that certain document posted as DOC # 93-080619, recorded on November 19, 1993 in the official records of Orange County, California. Grantee agrees to obtain and comply 'with all necessary permits, authorizations, licenses and approvals which are or may be required from any body, agency or department with jurisdiction over the Easement Area, and to restore the original condition of the existing landscape and improvements within the Easement Area at the completion of at the completion of any work which disturbs the surface of the Easement Area or any other land owned by Grantor and/or its affiliates. [THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURES TO FOLLOW) F IN WITNESS WHEREOF, this Temporary Easement Deed "C -T' is executed and delivered by Grantor as'of the day of , 2012. RMV COMMUNITY DEVELOPMENT, LLC, a California limited liability company By: Rancho Mission Viejo, LLC, a Delaware limited liability company Its: Authorized agent and manager By: Its: By: Its: ATTEST: (Attach AU -Purpose Admowledgement) 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that certain TEMPORARY EASEMENT DEED "C-7" attached hereto from RMV COMMUNITY DEVELOPMENT, LLC, a California limited liability company, to the City of San Juan Capistrano, is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: GRANTEE City of San Juan Capistrano 4 Mayor DRAF�. 10-1160-20 (D) 09-10-12 EXHIBIT C-7, A LEGAL DESCRIPTION CITY OF SAN JUAN CAPISTRANO TEMPORARY CONSTRUCTION EASEMENT That portion of Parcel 38 of Certificate of Compliance No. CC 2001-01, in the Unincorporated Territory of the County of Orange, State of California, recorded July 26, 2001 as Instrument No. 20010508635 of Official Records, in the office of the County Recorder of said County, described as follows: Parcel 1: Commencing at the Westerly terminus of that certain course in the centerline of Parcel 1, as described in the Easement Deed to the Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806019 of said Official Records, shown as having a bearing and distance of "North 87°07'52" East 374.62 feet" in said Easement Deed; thence along said centerline North 87°06'21" East 374.62 feet to an intersection with the Southerly sideline of Parcel 2 of said Easement Deed, said intersection being a point on a non -tangent curve concave Northeasterly having a radius of 614.00 feet, a radial line of said curve to said point bears South 14°47'08" West; thence leaving said centerline and along said Southerly sideline Northwesterly 30.56 feet along said curve through a central angle of 02°51'05" to the Northeasterly corner of said Parcel 1, said point also being the TRUE POINT OF BEGINNING; thence leaving said Southerly sideline and along the Northerly sideline of said Parcel l non -tangent South 87°06'21" West 112.23 feet to the most Easterly comer of the water line relocation easement described in the Easement Deed to the Capistrano Valley Water District, recorded December 10, 1996 as Instrument No. 19960624469 of said Official Records; thence along the Northeasterly and Northerly lines of said easement the following courses: North 47°53'39" West 28.28 feet and South 87°06'21" West 116.58 feet to an intersection with the Southeasterly right-of-way line of Antonio Parkway, as described in Exhibit "A-2" in the Grant Deed to the County of Orange, recorded October 5, 2010 as Instrument No. 2010000500801 of said Official Records, said point also being a point on a non -tangent curve concave Northwesterly having a radius of 2418.00 feet, a radial line of said curve to said point bears South 73°33'07" East; thence leaving said Northerly line and along said Southeasterly right-of-way line Northeasterly 21.16 feet along said curve through a central angle of 00°30'05" to a line parallel with and 20.00 feet Northerly of said Northerly line; thence leaving said Southeasterly right-of-way line and along said parallel line non -tangent North 87°06'21 " East 218.13 feet to an intersection with the Northwesterly prolongation of the Northerly sideline of said Parcel 2, said intersection also being a point on a non -tangent curve concave Northeasterly having a radius of 586.00 feet, a radial line of said curve to said point bears South 21°11'10" West; thence leaving said parallel line and along said Northwesterly prolongation Southeasterly 36.30 feet along said curve through a central angle of 03°32'57" to the Westerly line of said Parcel 2; thence leaving said Northwesterly prolongation and along said Westerly line tangent radial to said curve South 17038'13" West 28.00 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.169 acres, more or less. Parcel 2: Commencing at the Westerly terminus of that certain course in the centerline of Parcel 1, as described in the Easement Deed to the Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806019 of said Official Records, shown as having a bearing and distance of "North 87007152" East 374.62 feet" in said Easement Deed; thence along said centerline North 87°06'21" East 374.62 feet to an intersection with the Southerly sideline of Parcel 2 of said Easement Deed, said intersection being a point on a non -tangent curve concave Northeasterly having a radius of 614.00 feet, a radial line of said curve to said point bears South 14°47'08" West; thence leaving said centerline and along said Southerly sideline Southeasterly 36.32 feet along said curve through a central angle of 03°23'20" to the most Easterly corner of said Parcel 1, said point also being the TRUE POINT OF BEGINNING; thence leaving said Southerly sideline of said Parcel 2 and along the Southerly sideline of said Parcel I South 87°06'21" West 327.02 feet to an intersection with the Southeasterly right-of-way line of Antonio Parkway, as described in Exhibit "A-2" in the Grant Deed to the County of Orange, recorded October 5, 2010. as Instrument No. 2010000500801 of said Official Records, said intersection also being a point on a non -tangent curve concave Northwesterly having a radius of 2418.00 feet, a radial line of said curve to said point bears South 72132'39" East; thence leaving said Southerly line and along said Southeasterly right-of-way line Southwesterly 10.67 feet along said curve through a central angle of 00°15'10" to a line parallel with and 10.00 feet Southerly of last said Southerly sideline; thence leaving said Southeasterly right-of-way line and along said parallel line North 87°06'21" East 377.58 to an intersection with said Southerly sideline of said Parcel 2, said intersection also being a point on a non -tangent curve concave Northeasterly having a radius of 614.00, a radial line of said curve to said point bears South 06°55'41" West; thence leaving said parallel line and along said Southerly sideline Northwesterly 47.89 feet along said curve through a central angle of 04°28'07" to the TRUE POINT OF -BEGINNING. Containing an area of 0.081 acres, more or less. As shown on Exhibit B attached hereto and by this reference made a part hereof. Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record. le 7 NO. 5557 EXP. 09/30/13 JAMES F. GILLEN, PLS 5557 �T1 INDICATES RECORD DATA PER Nl NS . N0. 2010000500801, O.R. R44 [WJ INDICATES RECORD DATA PER N�-f 4 j, NST. NO. 93-0806019, O.R. R4i T..P.O.B. PARCEL 1, NE CORNER SIDEUNE PCL. 1, INST. NO. 93-006019, 0. WLY LINE PCL 2, INST. NO. 93-006019, G d=03'32'57" R=586.00' L=36.30' cc mal J 01 RAD PARCEL I Q 169 ACRES PARCEL NEIL Y SIDEUNE INST. 19960624469, O.R. A=0478'07' R=614.00' L=47.89' w ad F-, C,4 NIL Y SIDEUNE tE INST. NO. 20' -* G Y R/Gryr 19960624469, O.R. NO 2010411W 0005�Oro IVsr, ti O,R r4Q * Rat47� 75, 0 9Ga56~ l4=0030105' `C R=2,418. 00'4 i RAD -T..P.aa. PARCEL Z MOST El Y CORNER SIDELINE PCL. 1, INST. NO. 93-006019, O.R. St Y SIDELINE PCL Z . INST. NO. 93-006019, O.R. N'L Y SIDELINE PCL 1. INST. NO. 93-006019, O.R. CURVE DATA: 04=02-51105' Ra614.00' 38 L=30.56' 2Q A-0373'20" R-614.00' L=36 32' MOST El Y CORNER INST, NO. 19960624469, O.R. 'PARCEL 2 0. 08 1 ACRES 10' llils rl AD, 200)ViZ8 9;5 OA f PARCEL 1, INST. ND. 9T006019, O.R. S'LY SIDELINE PCL 1 INST. NO. 93-006019, O.R. RAD L=21.16' r Ij 41*p Ra?Oys*py o��1p0 �_ 2%� �� ?:32¢1800' y5. S. F. NL LAftofto � NO 5557 * EXP. 9/30/13 * PARCELS 1 & 2 p4�j�f'% gory DRAFT__ H.UllT—Z0LlA% SKETCH TO ACCOMPANY f".601 A LEGAL DESCRIP7701V mw BY DOM Htaltt-2oNar% Inc. 2803 Main Street, t3ulM 400,(= CA 920" EJOWT C-7, B °� EMW BY PMc Phone (949) 986-6815 Fax (949) 988-5820 CITY OF SAN JUAN CAPISTRANO aur � FFWO eD BY TE2ORARY CONSTRUCTION 9/10/'12 EASEAfiW me Na 1a-11so-2o 4.• \10116020\MAP116020\DWiG\EX\116020JEX07.DW RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto Sari Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano PROJECT NAME OR NUMBER: This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "C-3" for Ingress I Egress and Temporary Stationing of Equipment and Material FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RMV COMMUNITY DEVELOPMENT, LLC, a California limited liability company ("GRANTOR") does hereby grant to City of San Juan Capistrano, a California municipal corporation ("GRANTEE"), a perpetual non-exclusive easement and right-of-way in, over, under, upon, along, through and across that portion of real property, located near at the northwest comer of the intersection of Ortega Highway and Antonio Parkway, situated outside the City of San Juan Capistrano, County of Orange, State of California, as described in Exhibit "C-3, A" and shown on (sketch) Exhibit "C-3, B" attached hereto and by this reference made a part hereof (the "Easement Area"). Such easement can be used for ingress, egress and temporary stationing of 1 ATTACHMENT 10 v equipment and materials purposes, including, without limitation, the right to enter upon, pass, re- pass along said land; and to deposit tools, temporarily station implements and other materials. Grantee shall have the right to use gates in all of Grantors' fences which presently or hereafter cross the Easement Area, and to remove, trim, cut and clear away any trees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby. Grantee, its successors and assigns shall save, indemnify and hold harmless Grantor, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantor and caused by or arising from (1) use of the Easement Area by Grantee, its employees, contractors, agents, representatives, guests, invitees, .successors and assigns and the exercise of any/all rights granted to Grantee herein, (ii) acts or omissions of Grantee, its employees, agents,, contractors, guests, invitees, successors and/or assigns (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to any work performed by Grantee, its employees, agents, contractors, guests, invitees, successors and/or assigns on or in relation to the Easement Area), or (iii) the location and existence of the Grantee's facilities, whether defective or otherwise, including, but not limited to, any loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person. Grantor, its successors and assigns shall save, indemnify and hold harmless Grantee, its successors and assigns against any liability, loss, cost, damage, and expense sustained by Grantee and caused by or arising from (i) use of the Easement Area by Grantor, its employees, contractors, agents, representatives, guests, invitees, successors and assigns and the exercise of any/all rights retained by Grantor herein and (ii) acts or omissions of Grantor, its employees, agents, contractors, guests, invitees successors and assigns in relation to the exercise of any/all rights retained by Grantor herein (including, but not limited to, failure to comply with all codes, ordinances, laws, regulations, statutes and other requirements relevant to the exercise of any such retained rights). The rights acquired herein shall be subject to the right of the fee owner its successors and 2 M assigns, to reasonably use the surface and subsurface of the Easement Area for such purposes which do not burden the rights herein granted, and provided further that Grantor, its successors and assigns shall not, without the prior approval of the City of San Juan Capistrano: 1. Construct or place any structure or obstacle within the Easement Area. 2. Place upon or remove from the Easement Area any earth or material. Grantee agrees to obtain and comply with all necessary permits, authorizations, licenses and approvals which are or may be required from any body, agency or department with jurisdiction over the Easement Area, and to restore the original condition of the existing landscape and improvements within the Easement Area at the completion of any work which disturbs the surface of the Easement Area or any other land owned by Grantor and/or its affiliates. IN WITNESS WHEREOF, this Easement Deed "C-3" is executed and delivered by Grantor as of the day of '12012. RMV COMMUNITY DEVELOPMENT, LLC, a Califomia limited liability company By: Rancho Mission Viejo, LLC, a Delaware limited liability company Its: Authorized agent and manager By: Its: By: Its: ATTEST: (Attach AD -Purpose Acknowledgement) 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that certain EASEMENT DEED "C-3"attached hereto from RMV COMMUNITY DEVELOPMENT, LLC, a California limited liability company, to the City of San Juan Capistrano, is hereby accepted by the undersigned on behalf of the Grantee and the Grantee consents to recordation thereof by its duly authorized officer. Dated: GRANTEE City of San Juan Capistrano 4 Mayor DRAFT 10-1160-20 (D) 09-10-12 EXHIBIT C-3, A LEGAL DESCRIPTION CITY OF SAN JUAN CAPISTRANO ACCESS EASEMENT Parcel 1: Parcel 1, as described in the Easement Deed to the County of Orange, in the Unincorporated Territory of the County of Orange, State of California, recorded October 5, 2010 as Instrument No. 2010000500806 of Official Records, in the office of the County Recorder of said County. Containing an area of 0.236 acres, more or less. Parcel 2: Parcel 2, as described in the Easement Deed to the County of Orange, in the Unincorporated Territory of the County of Orange, State of California, recorded October 5, 2010 as Instrument No. 2010000500806 of Official Records, in the office of the County Recorder of said County. Containing an area of 0.121 acres, more or less. Parcel 3: That portion of Parcel 43 of Certificate of Compliance CC 2001-01, in the Unincorporated Territory of the County of Orange, State of California, recorded July 26, 2001 as Instrument No. 20010508635 of Official Records, in the office of the County Recorder of said County, described as follows: Commencing at the Southwesterly terminus of that certain course in the Northwesterly line of Parcel 2, as described in the Easement Deed to the County of Orange, recorded October 5, 2010 as Instrument No. 2010000500806 of said Official Records, shown as having a bearing and distance of "South 75°48'02" West 228.91 feet" in said Easement Deed; thence along said Northwesterly line North 75°48'02" East 194.83 feet to the Westerly sideline of Parcel 3 of said Easement,. said point also being the TRUE POINT OF BEGINNING; thence leaving said Northwesterly line and along the Westerly, Northwesterly, and Northerly line of said Parcel 3 the following courses: North 10°06'37" West 130.63 feet to the beginning of a curve concave Southeasterly having a radius of 49.00 feet, Northerly, Northeasterly, and Easterly 78.00 feet along said curve through a central angle of 91 °l 2' 39", and North 81 °06'02" East 89.85 feet to the Westerly sideline of Parcel 1, as described in the Easement Deed to Capistrano Valley Water District, recorded November 19, 1993 as Instrument No. 93-0806019 of said Official Records; thence leaving said Northerly line and along the Westerly sideline of said Parcel 1 South 10°06'31" East 19.36 feet to the Northerly line of the Fee Parcel described in the Grant Deed to the Capistrano Valley Water District, recorded November I9, 1993 as instrument No. 93-0806017 of said Official Records; thence leaving last said Westerly sideline and along the Northerly line of said Fee Parcel and its Westerly prolongation South 79053129" West 112.22 feet to an intersection with the Easterly line of said Parcel 3, said intersection being a point on a non -tangent curve concave Southeasterly having a radius of 35.00 feet, a radial line of said curve to said point bears North 47°41'44" West; thence leaving said Northerly line and its Westerly prolongation and along said Easterly sideline and the Northwesterly line of said Parcel 2 the following courses: Southwesterly and Southerly 32.02 feet along said curve through a central angle of 52°24'53", South 10006'37" East 129.62 feet, and South 75048'02" West 14.04 feet. Containing an area of 0.113 acres, more or less. Parcel 4: Parcel 4, as described in the Easement Deed to the County of Orange, in the Unincorporated Territory of said County, State of California, recorded October 5, 2010 as Instrument No. 2010000500806, of Official Records, in the office of the County Recorded of said County Containing an area of 0.005 acres, more or less. As shown on Exhibit B attached hereto and by this reference made a part hereof. Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record. F. j j aUv N0. 5557 XP. 09/30/13 JAMES F. GILLEN' PLS 5557 G SHEFI l OF 3 UNLESS OTHERWISE NOW, ALL BEARINGS CC 217a7�i AND DISTANCES HEREIN ARE CCS 83, ZONE 6, BASED ON NA084 EPOCH 1991.35, AS LOCALLY ADA E0 BY OM ALL DISTANCES ARE US SURVEY FOOT GRID, DIVIDE BY A COMBINED FACTOR OF 0.99995716 no OBTAIN US SURVEY FOOT GROUND DISTANCES (PARCELS 1 & 2 ONLY) P ARCj5L 43 ' rRuhrrO�7f�e3; ars PARCEL 1 0.236 ACRES it P.O.B. PARCEL 1Add "��• , PARCEL 2 �p,\ 5 0'OL L Aq�G sG F -DRAFT NO. 5557 FDP. 9/30/11 REVISED 9/70/2012 r) INDICATES RECORD DATA PER RUM Mr NO. 2008000368965, O.R. \ HUITT-ZOLL 11 V SKETCH TO ACCOMPANY � 12-60' A LEGAL DESCRIPTION mW er DW 430 Ewe >�3utt�e 200, "f. CA 92602-1315 EXT' WT 0-8, B MEMO 9?Y Le/puc Me4 c�14� �a-stQo r-�uc crab �� CITY OF SAN JUAN Wr er CAPISTRANO 7/e/2o10 ACCESS EASEMENT X10-1159-24 0. \10116019\MAP116019\DWG\EX\116019"0&D*V 1-1 MEET 2 OF 3 1 1 UNLESS OTHERMSE NOTED, ALL BEARINGS AND DISTANCES HEREIN ARE CCS 83, ZONE 6, BASED ON MAD84 EPOCH 1991.35, AS j�NEESTERLY UNE LOCALLY ADJUSTED BY OCS ALL DISTANCES (j INS?RUMENT NO. ARE US suRVEY FOOT ow. DI RDE BY A r 93-0806019, O.R. COMBINED FACTOR OF 0.99995716 TO PARCEL 2. 0.121 ACRES �uO SCALE; 1'=60' T.P.O.B.- PARGEL 2 REI9SED 9/10/2012 OBTAIN US SURVr-Y FOOT GROUND DISTANCES (PARCELS 1 & 2 ONLY) �- ao ao cit Z5— I N � z 1— It l a� O 9.050 I z VARIES N � e�lo.gv&00' X400 w �N La7.61'j 1 DETAIL 'A' Zia NOT TO SCALE N _ NARTHENLY RVE OF A OMEGA HIGHWAY INSTRUMENT NO 2008000368965, O.R. SEE DETAIL 'A' HEREON I Q. \10116079\MAP776U79\UWD \t.X\77DUIV&CAMUWU � N N 3 I o:. z PARCEL I t 0.236 ACRES t ERE I SHEET SEE DETAIL 'A' HEREON I Q. \10116079\MAP776U79\UWD \t.X\77DUIV&CAMUWU moo•96x-;WZ09i c 1 x31 M010Z091idvw1 oa09UOA -0 W! 0 `9090090000IOZ ON 1SNl Y3d VLV(7 0100-7d S31 VOIGNI (XXX) ,*O**l 3wM*9k9LN Q ,9£"61 M„1f;9QOlN Q VL ba 3s&noo 9fH yp3 j�0 �d�H £ 7M4YVd •s•o d:c� 1 t ,ON ■5� S.09091 oc �d IS £ d0 £ 133HS r oW r( rOK •�� .�•0 .110.9090-0N ON 3,SN1 01 _� } to t e 1 'M } c� t yrn u 1 gam' 1• t� t} •��,Q ■Z0•t£=7 } ■00 5£=a -� S380 yri1 d �1 t p1l.0it 71O '6109090-f6 ON ISNI 7304lVd 3NI7301S A7■M 1 ■ � CIOCIO1/6 03SM3M r - 1 r �� 3MZQi�• — — — G s 9z si p090- gdzd ',a •90 1. N1 ■z '130 Z ON .LS .ON 3NF •ISN1 ` n n 9080050000102 ON 1SN! '* 730?IVd S3N04' 900 0 * VOWd z N+ vo `ge, 6Q9a-Qx G ■�i g� G.t 3-f Vr1 •v 7 Description Easement/ Property Area aclpl at Unit Value $Isf Extension 1 +1- Credit 1 Debit city Additional Pipeline easement; due to Fill Placement C-2 0.676 ac 0.67601 $0.00 $0.00 1 1 $0.00 Ingress/ Egress Easements from RMV' C-3 0.475 ac 0.4750 $1.00 $20,691.00 1) ($20,691.00) Pipeline Easement from RMV C-4 0.041 ac 0.0410 $4.50 $8,036.82 (1) ($8,036.82) Ingress /Egress Easement from SMWD C-5, C-6 0.116 ac 0.1160 $1.00 $5,052.96 (1) ($5,052.96) Future Construction Easement from RMV C-7 0.250 ac 0.2500 $0.75 $8,167.50 (1) ($8,167.50) Quit Claim to RMV 0.456 ac 0.45601 $1.00 $19,863.36 1 $19,863.36 Pipeline Easement to SMWD S-7 0.108 ac 0.1080 $5.50 $25,874.64 1 $25,874.64 Ingress/ Egress Easement to SMWD S-8 0.070 ac 0.0700 $2.00 $6,098.40 1 $6,098.40 Sale of a Portion of Parcel No. 125-173-01 S-9 0.090 ac 0.0900 $6.50 $25,482.60 1 $25,482.60 Balance $35,370.72 (1) The extension is the multiplier of the acreage times the $/sf times a conversion factor of 43,560 sf per acre. C C MINUTES MARCH 20, 2012 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Kramer called the Regular Meeting. of the City Council to order at 5:10 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Laura Freese, Mayor pro tem John Taylor and Mayor Kramer COUNCIL MEMBERS ABSENT: Derek Reeve and Sam Allevato PUBLIC COMMENT: None I CLOSED SESSION (610.85) A Closed Session was held for the following purposes, *as authorized by statute: a. Pursuant to. Government Code Section 54956.9(b), - the City Council conferred with legal counsel pertaining to one potential item of significant exposure to litigation regarding facts or circumstances not yet known to the potential plaintiff(s). Ub. Pursuant to Government Code Section 54956.9(b), the City Council conferred with legal counsel * pertaining to one potential item of significant exposure to litigation regarding the claim for damages brought by Jo Anne Ferguson. BUSINESS SESSION: Mayor Kramer called the Regular Meeting of the City Council of the City of San Juan Capistrano to- order at 6:13 p.m. in the. City Council Chamber. City Council Member Allevato led the Pledge of Allegiance and Mayor pro tem Taylor gave the Invocation. ROLL CALL COUNCIL MEMBERS PRESENT! Laura Freese, Derek Reeve, Sam Allevato, Mayor pro tem Taylor and Mayor Kramer COUNCIL MEMBERS ABSENT: None Agenda items are presented in the originally agendized format for the benefit of the minutes' reader, but were not necessarily heard in that order. UANNOUNCEMENT OF CLOSED SESSION ACTIONS: None.- 1 ATTACHMENT 12 CITY COUNCIL RELORTS ON OUTSIDE AGES: • South Orange County Wastewater Agency meeting. • Association of Califomia Cities -- Orange County meeting. • City Council meeting with Congressman Ken Calvert. • "Annual Bell Ringing — St. Joseph's Day and Return of the Swallows Celebration" at the Mission. • Transportation Corridor Agencies meeting. • "EI Presidente Ball." • Mothers Against Drunk Driving Orange County Luncheon. • Los Angeles Marathon. • Laura's House meeting. • Tour of the Great Park. • -Second Saturda Art Fair. • Girl Scout's 107131rthday Party at the Nixon Library in Yorba Linda. • Meeting with Continuing Life Communities (CLC). • Meeting regarding homeless issues. • Impound Procedures meeting with Chief of Police Services. • South Orange County Association of Mayors breakfast. • Gate House presentation at the Mission. • Orange County Transportation Authority meeting. • Announcement of the San Diego Gas & Electric Reliability Project Aesthetics and Mitigation team. INTRODUCTIONS L%ND PRESENTATIONS: 1. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Gerald Muir, Youth Advisory Board and Parks, Recreation and Senior Services Commission; Kathy Hooper and Steve . Behmerwohld, Parks, Recreation and Senior Servioes Commission; AI King and Tom Ostensen, Open Space, Trails and Equestrian Commission; Jan Siegel and Lori Porter, Cultural Heritage Commission. ORAL COMMUNICATIONS: • Lori Porter, City resident; Michelle Kelly, City resident; and Peter Carey, Capistrano Soccer Club. CONSENT CALENDAR: Council Action: Moved by Council Member Alievato, seconded by Council Member Freese, and carried unanimously to approve consent calendar items 1, 3, 4, 5, 7 through 10 as recommended by staff. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 6, 2012, APPROVED. n 2 3/20/2012 Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member Allevato, and carried .unanimously to approve the Minutes of the Regular Meeting of March 6, 2012, with typographical correction: "Cite and Release° instead of "Silent Release" to page 3, under Orel Communications. 3. CHECK REGISTER DATED FEBRUARY 24, 2012, TO MARCH 8, 2012, 1N THE TOTAL AMOUNT OF $1,253,675.83; AND PAYROLL CHECK DATED MARCH 2, 2012, IN THE TOTAL AMOUNT OF $186,875.61, RECEIVED AND FILED (300.30) 4. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH MICHAEL BLAZENSKI TO PROVIDE INTERIM BUDGET MANAGEMENT SERVICES, APPROVED (600.30) 5. PERSONAL SERVICES AGREEMENT WITH CHAMBERS GROUP, INC. FOR CALENDAR YEARS 2012 AND 2013 FOR HABITAT RESTORATION MONITORING SERVICES AT ACU CANYON -SITE, TERMINAL RESERVOIR NO. 3 PROJECT, AND PLACIDA SITE (CIP NOS. 07811, 07803, AND 09211) IN THE AMOUNT OF $46,500, APPROVED; AND CITY MANAGER AUTHORIZED TO APPROVE CHANGES IN THE TOTAL AMOUNT NOT TO EXCEED 10% OF THE CONTRACT VALUE (600.30) 6. RESOLUTION 12.03-20.01 ADOPTED DECLARING A PORTION OF THE PROPERTY LOCATED AT THE NORTH WEST CORNER OF ORTEGA HIGHWAY AND ANTONIO PARKWAY, APN 125-173-01, AS SURPLUS i PROPERTY (SANTA MARGARITA WATER DISTRICT) (SC04-FCV INTERCONNECTION) (670.70) Keith Van Der Meaten, Utilities Director, responded to questions. Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member Freese, and carried unanimously to adopt Resolution 12-03.20.01 adopted entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING A PORTION OF THE PROPERTY LOCATED AT THE NORTH WEST CORNER OF ORTEGA HIGHWAY AND ANTONIO PARKWAY, APN 125-173-01, AS SURPLUS PROPERTY (SANTA MARGARITA WATER DISTRICT) (SC04-FCV INTERCONNECTION); obtain an appraisal of the property; direct staff to complete negotiations to sell the surplus portion of the property to Santa Margarita Water District, subject to the City s appraisal of the property coming back higher or at the same value as the appraisal obtained from Santa Margarita Water District; and return to the City Council with the complete documents for final action. 7. BIDDING REQUIREMENTS WAIVED AS IDENTIFIED IN COUNCIL POLICY 112; AND PERSONAL SERVICES AGREEMENT WITH ENVIRON STRATEGY CONSULTANTS, INC. FOR THE GROUNDWATER MONITORING WELL SAMPLING, TESTING, AND REPORTING FOR CALENDAR YEARS 2012 AND U 2013 AT THE KINOSHITA WELL SITE; AND TRANSFERRING FUNDS FOR THE AMOUNT OF $25,500, APPROVED (600.30) 3 3/20/2012 8. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH MAINTSTAR INC. FOR THE PURCHASE, INSTALLATION, AND MAINTENANCE OF THE COMPUTER MAINTENANCE MANAGEMENT SYSTEM, TO REMOVE THE INTEGRATION WITH THE WATER INFORMATION MANAGEMENT SYSTEM (WIMS), FOR A SAVINGS OF $23,107, APPROVED; AND SOLE SOURCE - PERSONAL SERVICES AGREEMENT WITH WONDERWARE WEST, FOR THE INTEGRATION OF MTELLIGENCE WITH MAINTSTAR COMPUTER MAINTENANCE MANAGEMENT SYSTEM (CMMS), IN THE AMOUNT OF $23,700, APPROVED (800.30) 9. PERSONAL SERVICES AGREEMENT WITH MUNICIPAL ' UNDERGROUND SERVICES FOR SANITARY SEWER MAINTENANCE SERVICES FOR THE UNIT PRICES SHOWN IN THEIR PROPOSAL, NOT TO EXCEED THE CITY'S ADOPTED FISCAL YEAR OPERATING BUDGET, FOR THE TERM OF THREE YEARS WITH A THREE ADDITIONAL ONE YEAR OPTION RENEWAL; AND A PERSONAL SERVICES AGREEMENT WITH MUNICIPAL UNDERGROUND SERVICES, INC. FOR STORM DRAIN MAINTENANCE SERVICES FOR THE UNIT PRICES SHOWN IN THEIR PROPOSAL, NOT TO EXCEED THE CITYS ADOPTED FISCAL YEAR OPERATING BUDGET, FOR THE TERM OF THREE YEARS WITH- A THREE ADDITIONAL ONE YEAR OPTION RENEWAL, APPROVED (600.30) 10. INFORMATION REGARDING BUSINESS LICENSE COST CALCULATIONS, RECEIVED AND FILED (390.60) PUBLIC HEARINGS: None ADMINISTRATIVE ITEMS: F1 DEVELOPMENT SERVICES a. SITE ACCESS LICENSE WITH THE SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION TO ALLOW ACCESS TO THE EAST OPEN SPACE, PARCEL NO: 8 LEMON GROVE TO DESIGN AND CONSTRUCT A PASSIVE PARK, APPROVED; AND STAFF DIRECTED TO PROCEED WITH PROCESSING THE PROPOSAL WITH APPROPRIATE BOARDS AND COMMISSIONS (CITY COUNCIL URGENT STRATEGIC PRIORITY NO.3 (1)) (600.30) David Contreras, Senior Planner, provided a staff report and responded to questions. • Public Comments: Brad Gates, San. Juan Capistrano Open Space Foundation; and Sheri Grady -Merkle, The Oaks Farm. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Taylor, and carried unanimously to approve a Site License to the San Juan Capistrano Open Space Foundation to allow access to the East Open Space, Parcel No. 8 Lemon Grove to design and construct a passive park; and n staff directed to proceed with processing the proposal with appropriate Boards I and Commissions. 4 3/20/2012 b. FINAL IMPROVEMENT PLANS FOR THE DR. JOE CORTESE DOG PARK LOCATED AT THE NORTHWEST OPEN SPACE (CIP 10201), APPROVED; AND STAFF AUTHORIZED TO PROVIDE FINAL IMPROVEMENT PLANS TO THE SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION (OSF) TO COMMENCE CONSTRUCTION (CITY COUNCIL URGENT STRATEGIC PRIORITY NO.3 (2)) (920.40) David Contreras, Senior Planner, provided a staff report and responded to questions. Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried 4-1 with Council Member Reeve opposed to approve the final improvement plans for the Dr. Joe Cortese Dog Park located at the Northwest Open Space (CIP 10201); and staff authorized to provide final Improvement plans to the San Juan Capistrano Open Space Foundation (OSF) to commence construction. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Taylor, Allevato and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None C. CONSIDERATION OF POTENTIAL FUTURE LAND USE(S) OF THE HISTORIC ROGER Y. WILLIAMS/SWANNER HOUSE AND 2.6 ACRE PROPERTY (29991 CAMINO CAPISTRANO) (420.60) • Public Correspondence: Chuck and Margit Mills, Coto de Caza residents; Dori Ross, Hamilton Oaks Vineyard & Winery; and Jim and Dinah Sapunarlch, Rancho Santa Margarita residents. Grant Taylor, Development Services Director, provided a PowerPoint presentation and responded to questions. • Public Comments: Ron Tamez, Hamilton Oaks Vineyard & Winery; Virginia Repasky, OC Arts Center; Army Nix, OC Arts Center; Al King, Open Space, Trails and Equestrian Commission; Shadine Elmer, San Clemente resident; Allen L. Bolder, OC Arts Center; and Andrew Kardish, Napa South. Council Action: Moved by Council Member Allevato, seconded by Council Member Reeve, and carried unanimously to identify wineries, tasting rooms, and arts (art galleries/educational facility) as the preferred land use for the subject property; direct the City Manager to begin negotiations with Hamilton Oaks Vineyard & Winery as the preferred tenant and secure a developer deposit; and forward to appropriate Commissions and Boards only if staff finds necessary before bringing back to the City Council for final approval. d. INITIATION OF A GENERAL PLAN AMENDMENT FOR A RESIDENTIAL SUBDIVISION AND EQUESTRIAN FACILITY (THE OAKS) (GPA 12-001), Ll APPROVED (440.25) 5 3/20/2012 Grant Taylor, Development Services Director, provided a staff report and responded to questions. • Public Comments:. Bob Yoder, Shea Homes Coupcil Action: Moved by Council Member Allevato, seconded by 1 1 Council Member Freese, and carried unanimously to approve the initiation of a General Plan Amendment for The Oaks residential' subdivislon and equestrian facility. �u a. CONSIDERATION OF CONTINUED PARTICIPATION IN - THE SOUTH ORANGE COASTAL OCEAN DESALINIZATION (SOCOD) PROJECT (600.50) • Public Correspondence: Karl Seckel, Municipal Water District of Orange County. Keith Van Der Maaten, Utilities Director, provided a PowerPoint presentation and responded to questions. . • Public Comments: Richard Hart! and Ray Miller, Utiiitles Commission; Karl Seckel, Municipal Water District of Orange County; Susan Hinman, Municipal Water District of Orange County; and Dick Dietmeler, former Director, South Coast Water District. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Taylor, and carried 3-2 with Council Member Freese and Mayor Kramer opposed to discontinue membership In the Project Participation Committee for the South Orange Coastal Ocean Desalination Project; and appropriate steps for termination from the Project Participation Committee. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Allevato and Mayor pro tem Taylor NOES: COUNCIL MEMBER: Freese and Mayor Kramer ABSENT: COUNCIL MEMBER: None F3 FINANCIAL SERVICES a. CITY OF SAN JUAN ' CAPSITRANO'S SECOND QUARTER FINANCIAL REPORT FOR THE PERIOD FROM JULY 1, 2011 THROUGH DECEMBER 31, 2011, RECEIVED AND FILED; AND PROPOSED ADJUSTMENTS TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROJECT FUNDS AS PRESENTED, APPROVED (330.20) (CITY COUNCIL URGENT STRATEGIC PRIORITY NO. 6) Cindy Russell, Chief Financial Officer/City Treasurer, provided a PowerPoint presentation and responded to questions. i c 6 3120/2012 Council Action: Moved by Council Member Reeve, seconded by Council Member Freese, and carried unanimously to receive and file the City of San Juan Capistrano's Second Quarter Financial Report,for the period from July 1, 2011 through December 31, 2011; and approve the proposed adjustments to the City's operating and capital improvement project funds as presented. 1. COMMUNITY REDEVELOPMENT AGENCY SECOND QUARTER FINANCIAL REPORT FOR THE PERIOD FROM JULY 1, 2011 THROUGH DECEMBER 31, 2011, RECEIVED AND FILED; (330.20) (CITY COUNCIL URGENT STRATEGIC PRIORITY NO. 6.) Michelle Bannigan, Accounting Manager, provided a PowerPoint presentation and responded to questions. Council_ Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried unanimously to receive and file the Community Redevelopment Agency Second Quarter Financial Report for the period from July 1, 2011 through December 31, 2011. 2. CONSIDERATION OF A LIVE BULL EXHIBIT ON SATURDAY, MARCH 24, 2012 (CAMINO REAL PLAYHOUSE) (SAP 12-005) (460.70) • Public Correspondence: Kathy Hooper, Fiesta Association; and Tom Scott, Camino Real Playhouse. Grant Taylor, Development Services Director, provided a staff report and responded to questions. • Public Comments: Tom Scott, Camino Real Playhouse Council Action; Moved by Council Member Reeve, seconded by Council Member Ailevato, and carried 4-1 with Council Member Freese opposed to authorize a live bull exhibit at the Camino Real Playhouse on March 24, 2012. 3. CHECK REGISTER DATED FEBRUARY 10, 2012 TO MARCH 8, 2012, IN THE TOTAL AMOUNT OF $16,543,914.49, RECEIVED AND FILED (460.70) Council Action: Moved by Council Member Reeve, seconded by Council Member Freese, and carried unanimously to receive and file the check register dated February 10, 2012 through March 8, 2012, in the total amount of $16,643,914.49. ORDINANCES: None U 7 3/20/2012 COUNCILMANIC ITEMS: 1. JOSEPH LOPEZ APPOINTED TO THE YOUTH ADVISORY BOARD (ADULT ADVISOR) (110.20) Council Action: Moved by Council Member Freese, seconded by Council Member Reeve, and carried unanimously to appoint Joseph Lopez to the Youth Advisory Board as an Adult Advisor. 2. CHARLES GILDEA APPOINTED TO THE CULTURAL HERITAGE COMMISION (110.20) Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Taylor, and carried unanimously to appoint Charles Gildea to the Guttural Heritage Commission. ADJOURNMENT: There being no further business Mayor Kramer adjourned the meeting at 11:25 p.m. to Tuesday, April 3, 2012, at 5:00 p.m. for -Closed Session and 6:00 p.m. for a public Business Session, in the City Council Chamber. Respi'l� submitted, ! ;1; �--^-- - MARIA MORRIS, CITY C RK Approved: April 3, 2012---,/ 8 ' 3/2012012