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13-0417_SANTA MARGARITA WATER DISTRICT_Easement Deed_2013000228890RECORDING 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: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder I 1111� 11111 11111111 11111111111111f1lllll lll I III 1[ NO FEE * S R 0 0 0 5 7 7 6 5 5 1$* 201300022889012:18 pm 04117113 193 409 E01 D10 10 o.00 0.00 0.00 0.00 27.00 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 66S-8" for Ingress / 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 U 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). 2 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: 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 Ea ement Deed "S-8" is executed and delivered by Grantor as of the `11}�h day of ��, 2012. GRANTOR City of San Juan Capistrano 23400 Paseo Adelanto San Juan Capistrano, CA 92675 0 ATTEST: (Adach All-PuMme Ackno Medge nl) 3 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) as. 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) OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Mayor Title Easement Deed `5-8" Number of Pages: 9 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-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: JGvl 10,7,01,D GRANTEE Santa Margarita Water District C)04&— Dan Ferons, General Manager 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of 0/-4,L) 6 e, 1 ( `� . On a- Or3beforeme, L_ 1 NW, Oy 441u,,—/JbTgRI) Yu BG /P, Data T Ne,61neX1 eM lMb oI1M personally appeared -ZARN Nema(51MSgrerlal COW R. LAME catanial r 01140506 Maury Pres -cliffs a OMP Cawb t r115 ell at who proved to me on the basis of satisfactory evidence to be the personA whose name(,Oamr subscribed to the within instrument and acknowledged to me that FPshe/they executed the same in( be Alcl authorized capacity(iys), and that by( t /their signature,(s) on the instrument the persona, 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 7 and official seal. Signature //, Place Nolery Seal AowaneWr el Neill,P Wa OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on Me document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document \ C Title or Type of Document: 'G'!! Document Date: Jls(C. Y O (a-- Number of Pages: Signens) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signers Name: '� rl i'<—ko N 5 Signers Name: ❑ Individual Individual ❑ Corporate Officer—Title(s): - Corporate Officer — Titlefs): ❑ Partner -❑ Limited O General = Partner - _ Limited ❑ General ❑ Attorney in Fact i.: Attorney in Fact' ❑ Trustee fon of memb neve p Trustee Ton of hole ❑ Guardian or Conservator ��`` ❑ Guardian or Conservator 127�Other. 6C'N /N a/', ❑Other: SIgnerls Representing: "fie. Signer is Representing: Smw� h :` 02N]NabaW Wbry PVMebn•B350 Ce$aW A�e.,Pe Bm RWR•CMMpY,.G BI]I1Ra03•rmw.NabrWMMaryag Xom a59M1] PmNxr'. faATOX-Eras 18A8]fi6e1> HUFF-ZOLLARS HVIII4CLLAA5, INC - 2605 Main SIMM I Suite 400 •Irvine, CA 92614"425 0 1 919 98 8.5815 phone .919 988.5820 a, • huinaalla..eom 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 comer of said Capistrano Valley Water District land; thence along the Westerly line of said Capistrano Valley Water District land South 10006'31" East 20.82 feet to the Northwesterly corner of the land described in the Grant Deed to the Santa Margarita Water District, recorded Q;/QS/�/3 ,-2012 as Instrument Noo1(J/jCL�7yi 7] 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 10006'37" 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 10006137" East 22.56 feet and South 79053'23" West 5.63 feet; thence leaving said Southerly line South 12020'43" 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 70056'43" 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 14048'59" to the Westerly line of said Capistrano Valley Water District land; thence along said Westerly line non -tangent South 10006131" East 14.04 feet; thence leaving said Westerly line North 75041'23" Past 2.28 feel to the beginning of a curve concave Northwesterly having a radius 56.00 fccC thence Northeasterly 18.05 feet along said curve through a central angle of 18027'52" 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 50022'08'; thence non -tangent North 78002'49" East 23.75 feet; thence North 33002'49" East 17.87 feet; thence North 10034'57" West 59.11 feet to the general Southerly line of Parcel I as described herein above; thence along said general Southerly line South 80030'03" West 15.34 feet; thence leaving said general Southerly line South 09029'57" East 44.00 feet; thence South 80030'03" West 20.00 feet to the Southeasterly corner of said Parcel l; thence along said general Southerly line South 80°30'03" West 14.55 feet to the TRUE POIN"f OF BEGINNING. ,10-1 l bU-'_5/M/SB-sM W n-Acccss4%hiA10m EXHIBIT S-8, A 10-1160-25 (D) LEGAL DESCRIPTION -CONTINUED 09-10-12 SANTA MARGARITA WATER DISTRICT ACCESS EASEMENT DEED PAGE Containing an area of 0.071 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. ' NO. 5557 E%P. 09/30/13 JAME F. GILLEN, PLS 5557 s4rf a OF GUFF q/101160-25h✓I/SS-SMWD-Alc.ss4/ek4ipm 9z-0911-ol ®IOlASVdNY3 aioZ/OV61�lNLSIO d31YM �e town sra Yl/!/Yeb"W" Y1NYS OZB9-99e (aca) ==I sm-998 (ace) Quo4d 0Md A9 aavaa S P'S Hari(" Vl9Sa vo '«w loop pure 10048 Lon so93 GUM W '•JWZ-u►w ,OAO ,1e Nxrav NVdNO, ,?V0 H01 Y Sud11®rg ~ 1 i l it t 1 ,oF-1 � ANYdiY000V 01 H013NS JQ V � 1 L. �11.1� Ifl '8'0 2109090-£6 'ON :LSNl Yid VIVO Nat" 4moi ON003Y ONY 03?1nSV3W S3LVOlONI (XXX) Z 40 1 133H5 £t/0£�8 'dNX3 o LS99 'ON (4L 3L1109 - vevls) �j_- �' s� t AVMHDIH YO31l10 _ i �- i ONY7 �VNc 1 bey' I 1 64,Z0.££N� I B.5 7301Jtld---' �°' rr o I g'O d1cf alio ?)i I a 1 mlW o 1 3.f0.Of.OBN �i .SSrot i m: IJ 1~/fO LL"a" O I y 1� U1J In yI �0 zC3 n113q Lv 1 3.f0,Of•OBN j I 3 -of 'G ,SB'OL I n 1 -__— N2 1 _ — 'LSNI 3N11 Al.N 'ON �. ON , y0 'LI090Bo'C6 .8.0 L1090B0'f6 A�MN 1SNI 8.9000 8-S 130Ntld .00'd Z 40 1 133H5 MOO**X31'Sd09ll\X3\SMO\SL09lldVW\99091101--0 ------r � � gz•Z 1 r 1 _ 7 •9 �� 5� ai5 `2 0 wwalo _C3 00d OVU g� /r /� /� M,.61.9f:L£N r o lz- W9090 ea 6 e, 1 0 •s 00d OVY M,.00, *Z:l£N 4 pp S3WV W010 8 S 73WVd �4 yv O� 1810 2109090—£6 O� 'ON :i SNI 3N17 A7A1 � � l V `v l .QL'£ZL�,Sa£ £g•g OZ.VN r 3M6�.40.01N — .01=,1 37VOS 1 a -OAf :LSAT 7- '�'° ON 1SN1 SV w 'OMNS Ol 0330 1NV?J9 1 Z d0 9133W 32400 PASEO AOELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 4931171 (949) 4931053 FAX N'IvnlXNll/IIOIIClIt11.C1/L)IO.OII; April 3, 2013 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Document for Recording = Easement Deeds MEMBERS OF THE CRY COUNCIL The noted documents are enclosed for recording: • Easement Deed "S -T' • Easement Deed "S-8" When placed of record, please return the recorded documents to this office. Thank you for your assistance. CKindest Regards, Deputy City Clerk San .loan Capistrano: Preserving the Past to Enhance the Fuhov t'•0 PMRC m I00'1 rc I( Gaper SAMALLEVATO ROY L. BYRNES. M.D. L,RRYKRAMER DEREK RCEVE JONNTAYLOR U 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 Son Juan Capistrano PROJECT NAME OR NUMBER: MA I This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "S-8" for Ingress ! 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" j, 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 comer 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 Areal. 1 U 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 brash 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). E M 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, 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 WITNES WHEREOF, this Ea ement Deed uS-B" is executed and delivered by Grantor as of the h day of '�pC )(1'1;1 , 2012. GRANTOR City of San Juan Capistrano 23400 Paseo Adelanto San Juan Capistrano, CA 92675 0 ATTEST: - (Attach All -Purpose Acknowledgement) K, U 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, Marisa Morris, City Cleric, 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/shc/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 Or 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 'ritle or Tyne or Document Easement Deed "S-8" Number or i,ages: 9 U CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that EASEMENT DEED "S-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: JG`'t 10 , 2oo, GRANTEE Santa Margarita Water District Dan Ferons, General Manager 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof 01—RAl6e- I �/ Ong -t ag ol3belom me, L_I Na✓ ]�• Zq 1,J45NOT 4lj Ycric, , oma 1--wn mo nw rNeol u,e on r personally appeared ��A t -SEP o,JS xomeel of Sg,lerUl CI Lalff tY9111508 NoINy Po1Nc - Commis OMytt Crgdy .fd 1 15.019 who proved to me on the basis of satisfactory evidence to be the personA whose name(s)gore subscribed to the within instrument and acknowledged to me that ]�shelthey executed the same inq bar/Wer authorized capacity("), and that by ji�/t4eir signature(s) 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. WITNESS my hapd and official seal. Raw Nomry sore nbeu Signature /.L/JI zti, �• in «UL% OPTIONAL O �wr of wrwhrreewa Though tho Informoilon below Is not required bylaw, It meyprom valuable to pewm relying on the document and could prevent famdulont rmnoval and neatlnchmant or this form to another document Description of Attached Document \ C Title or Type of Document; Document Date: � I u/G- C_ * –o O /i– Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: I h4.r.l I o-ko .0 < Signer's Name ❑ Individual ❑ Individual ❑ Corporals Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner — Ll Umlted I:1 General L Partner —❑ Limited O General ❑ Attorney in Fact ❑ Attorney In Fact •• ❑ Trustee Top onbmnb Irmo 13Trustee Top at thrlmb hero ❑ Guardian or Conservator ..�1'�:L::, ❑ Guardian or Conservator RAOther. !p(: IJ M qir. ❑ Other: '"� Signer Is Re resenlin 9 P 9: ";k:., Signer is Representing: rRz.�(5[%GY%CQ:Q:C`^.iTl.¢'FLZ�r:Ci�fX:G'e(:e'4'C4<'CrR'£CCCC."ce?:G"�r3R:c4'a-.f.. 01W]NeObW Noury AaMbliwr Y]W Cn rglo Gw..ne�^vraE•ClntmaYr. CA B101T2dp2•wxr NplimolNabryarp Irem r5W1 nmNor.G�e TWnFw IRWd]d69R] U U HUITT-ZOLLARS HUI(NOUARS. Wt. • 2603 Main Soma) r Suou .100 r Irvma. CA 92614.4250 r 949 9118.5015 plwue r 949 9HO 5820 la. r hu1"•=allan com 10-1160-25 (D) 09-10-12 EXHIBITS -8, A LEGAL DESCRIP'T'ION 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, 1.993 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 describedillthe Grant Deed to the Santa Margarita Water District, recorded 3 ,X12 as Instrument N%10=jYE7Z of said Oflicial 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 1010637" 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 feel 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 70°56'43" to the beginning of a compound curve concave Northwesterly having it radius of 58.00 feet; thence Southwesterly 15.00 feet along said curve through a central angle of 14°4859" to the. Westerly line of said Capistrano Valley Water District land; thence along said Westerly line non -tangent South l0°06'31" East 14.04 Net; thence leaving said Westerly line North 75°41'23" last 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 18°27'521 to the beginning; of a compound curve concave Northwesterly having a radius of 60.00 feet; thence Northeasterly 52.75 feet along said Chive through a central angle of 50°22'08"; thence non-langent North 78°02'49" Last 23.75 feet; thence North 33°02'49" East 17.87 feel; thence North l 0°34'57" West 59.11 feet to the general Southerly line of Parcel I as described herein above; thence along said general Southerly line South 80°30'03" West 15.34 feet; thence leaving said gcncral Southerly line South 09629'57" 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 80130'03" West 14.55 feet to the 'TRUE POINT OF BEGINNING. q/ 4),I I¢0-2511dU5&-SMWD-Acctiss•1/ikAlpnt EXIIIBIT S-8, A 10-1160-25 (D) LEGAL DESCRIPTION -CONTINUED 09-10-12 SANTA MARGARITA WATER DISTRICT ACCESS EASEMENT DEED PAGE 2 Containing an area of 0.071 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, Sul}ject to covenants, conditions, reservations, rights-of-way and casements, if any, of record. .TAIViE F. GILLEN. PLS 5557 q/10-1 l ho-25/all/SR-SAIWD-Acccssa/rldhpm V L A N Ole 4 T Z No. 5557 EXP. 09/30/13 +� is SHEET 1 OF 2 P•0•C•-8 PARCELS ER lNST NW L1' .CORN O.R.O.R. NO. 93-0806017 930806017, N'LY UNE NST: N0. r r r -T-) r r r r r r r � N7�•5g'23 � � � � � 1 T' 39.14} O z � 1 cn '30'03"E 70.85r ` w tz�l 1 COS N80 r 15.34 too 7- w � �+ � O 1 a O� X O OZ { {`` 11 p Qy N v ` at fn V21 11 -ci X11 0- t 1 a V N 1 D `1 21 O O O n t g • v► o �1 a as 14.55 N8 ,03"E N 3��, T.P.O.B.S�B co PARCEL 2'49 17.87 "E 1 v N33.0� 1 1 1 l f N78'02949"E 1 v 23.75 i 1 \ ry f 1 1 r RTEC3q NIG1HWAY N0. 5557 EXP. 9/30/13 O (SrATE ROUTE 74) s4 o� t�� ^ DA'�TA, PER �NST. NOATES A93 08060SURED 07R SRO 11T-ZOLLARS SKETCH TO ACCOMPANY � 146=30, A LEGAL DESCRIP77ON DRAW BY DIW Hunt Zolars, tnc. twine . EMBIT 8-8 B arEarm By 03 26Main Street, Sulte 400, twine, CA 92814 PMc Phone (949) 988-Sat5 Fax (949) 988-5820 SAWA MARGARITA DALE 9110/2012 WAER D1r D [W—ma��!6 1Z FA8EA�1DEE 10-1160-25' Q.10116025 \ MAP 116025 \DWG \ EX \ 116025JEX4 4. D WG -GRANT 0�.M��1 ` AS INST. Na oa f�J 14f212G 1 l AY UNE INST. NO. 93-0808017, OCR. 1 N3174'00'W RAD PCC 0�� N32'46'2: RAD PCC b� AO. SHEET 2 OF 2 43�W r 57�� 3'23"e 2."o PAROL S-8 am Acm J8 - 08f 6077.4 OA �0•„ r {1 \.a•Nj6-'sj X23 E �� ..• -- �- r 1 r 00-01 00-00 r � 23 11602-9"44,DW Christy JAI 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-7", "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, crlC 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. 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: " CoOpy t This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "S-8" for Ingress / 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 comer 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'). 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). 2 R 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, 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 WITNES WHEREOF, this Ea ement 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 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 OPTIONAL Description of Attached Document Title or Type of Document Easement Deed "S-8" Number of Pages: 9 Signer is Representing City of San Juan Capistrano WN CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that EASEMENT DEED "S-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 HUITT-ZOLM_ HUITT•ZOLLARS, INC.- 2603 Main Streol r Suito 400 1 Irvine, CA 92614.4250 s 949.988.5815 phone 1949.988.5820 fox r hunt-zollars.com 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 10006'37" East 22.56 feet and South 79°5323" 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 70056'43" 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 75041'23" 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 33002'49" 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 l; thence along said general Southerly line South 80°30'03" West 14.55 feet to the TRUE POINT OF BEGINNING. q/� 0-1160-25/t1/VS8-SM WD-Acccss4/Zk/hpm EXHIBIT S-8, A 10-1160-25 (D) LEGAL DESCRIPTION -CONTINUED 09-10-12 SANTA MARGARITA WATER DISTRICT ACCESS EASEMENT DEED PAGE 2 Containing an area of 0.071 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. JAME F. GILLEN, PLS 5557 q/10.1 160-25/a/l/S8-SMWD-Access4/zk/hpm /��S f• G� s'\ NO. 5557 EXP. 09/30/13 \lF OF LVA SHEET 1 OF 2 P.O.C. PARCELs-8 CORNER INS R• NOL93-0806017 g3_0806017.O.R. N'LY LINE INST N0. r r — 1 rrrr� l N79.53023NE 39.14' � l l aN l Z l l r w� C l 70.85 r� t z l a N80'30,03 -Lt- r r w i L` r 15.34' j w� o c 1k v xe col co z tn Ml °= ZE o Z ' � zl o a 0 to i 1 cn o ml cl c a l c lN� W 1 �? N80 '30'0 3E l 1 *74-Q6 Z o 34 l l o� 0 - -T.P 0.8. 8 r �° • cn a.--- PARCEL S- N l j o'' i N33'02049E l N78.02'49NE i dAL 23.75ry l l r i %4q/0 � ✓ � � rrrrrr v L9 o8o6o 77,, OA TFf3A HlDHWA Y N0. 5557 EXP. 9/30/13 OR (srArE RouTE 74) ��cwfdo`� (XXX) INDICA7FS MEASURED AND RECORD DATA PER INST. NO. 93-0806017, O.R. HUITT-ZOLLAiRS SKETCH TO ACCOMPANY sr" 1 11-30' A LEGAL DESCRIP77ON a mm or DW Hunt-Zolare, bac. irvhe 2603 Main Street, Suite 400,(= CA 52814 Emoff 8-B B CHEMED er PMc Phone (949) 988 -eats Fax (a4a) see-ss2o SANTA MARQAI FTA vAYE 9/10/2012 7�AFFRO er WA DISTMOT ( t 1 Z. EABEENT DEED ,sae Na 10-1160-25 Q. 10116025\MAP116025\DW \EX\116025"44.DWG GRANT DEED TO SMWD, REQ /_,/2012 ` AS INST. NO. O.R. � f l f f'43'W� Nf2'20 233 1 i W'LY UNE INST. NO. 93-0806017, O.R. ` A 1 + p�� 4 N3124'00'W_ RAD PCC .ks 90 5, p�1 Wig. 00, R X15• N79'5373"E 5.63' - „l. RAS PARCEL S�-8 aO7O ACRES V ig — 118060 JZI O -A MRAD PCC ,% 0 Q4 Z �18•Z �y10y, 8 0 I I 0 �6• I N75g 2.28 Q.- l I r rr / r 1 1 r � 1 / / / a SCALE. l'=10' 23.75 Q.- 10116025\MAP116025 \DWfa \EX \ 116025JEX44.DWD 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 EASEMENTS UPON REAL ESTATE AND CONSENTING TO THE RECORDATION OF SAID DEEDS OR GRANTS WHEREAS, this Board did adopt on May 211 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: f • .j 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 Hoard of Directors and to be recorded. ADOPTED, SIGNED AND APPROVED this 17th d PrMdent of th of Santa Margar (SEAL) ATTES 7"t'� Secrefdary ot the Board of Directors of Santa Margarita Water District 1743n/2030/00 -2- , 1988. AT of Directors ter District UI STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. 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 17th day of October, 1988, and that it was so adopted by the following vote: AYES: DIRECTORS: ScHONE BOULTlNONOUSE CYAN DAM MOORB NOES: DIRECTORS: NONE ABSENT: DIRECTORS: KRASHO ABSTAIN: DIRECTORS: NONE Secretary 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 Board•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 (SEAL) 1743n/2030/00 Secretari of the Boar of Directors of Santa Margarita Water District -3- i RESOLUTION NO. 2012-10-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SANTA MARGARITA WATER DISTRICT AUTHORIZING GRANTING OF EASEMENTS TO THE CI'T'Y OF SAN JUAN CAPISTRANO OVER A PROPOSED PRESSURE REDUCING STATION AND RECYCLED WATER PUMP STATION SITE IN RANCH PLANNING AREA 19 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 F'mal Environmental Impact Report No. 589; and WHEREAS, One PRS location has been designated as Site I PRS and recycled water pump station facility and will be located near the northwest comer 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, THE, 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 file, 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 24th day of October, 2012. ATTEST: Eli th W. Hull - - - 1 Int m Secretaryto the Board of Directors Biu Lawson 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 A eA � Sec , Board of Directors Santa Margarita Water District I, 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 full, 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, 20121039 AM To: Eric Bauman; Justin Kirk Subject: RE: SMWD & RMV Deeds & Easements The originals are ready for you to plck up. Thanks! Chris" lakl, 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 Hall will be closed Monday, December 24th through Tuesday, January 1st. City Hall will reopen on Wednesday, January 2nd. HAPPY HOLIDAYS) I From: Eric Bauman Sent: Thursday, December 20, 201210:02 AM To: Christy Jakl; Justin Kirk Subject: RE: SMWD & RMV Deeds & Easements Christy: will need the originals so 1 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 CityCouncli 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 Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 MR JAI 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 EIS 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! C'hrisN Iskl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 l (949) 493-1053 fax un► 12/4/2012 E15 City of San Juan apistrano Agend oJrt TO: Karen P. Brust, City MatSa , FROM: Keith Van Der Maaten, Ut' ities Director Prepared by: Eric Bauman, Utilities Enginee"V7 , DATE: December 4, 2012 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 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 corner 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 Monis, 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 ' 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 Comer 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 I V V 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: Maria Morris, City Clerk (Attach All -Purpose Acknowledgement Form) K% 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) 02-16-12 "..-DRAFT-. 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 land 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 79053123" West 39.14 feet to a point on 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°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/VCVWD-SMWD/zk/jfg EXHIBIT S-9, A LEGAL DESCRIPTION -CONTINUED GRANT DEED CITY OF SAN JUAN CAPISTRANO TO SANTA MARGARITA WATER DISTRICT PAGE 2 JAMES F. GILLEN, PLS 5557 q/10-1 160-25/aNCV W D -S M W D/zkfj f g 10-1160-25 (D) 02-16-12 Revised 09-10-12 Pul SHEET 1 OF 1 a - SCALE 1"-60' p �i r i� cc Xoy — 01 N7 " o - 9Z3'� E t W'LY UNE INST. N0. 90806017, O.R. ` 79 '23'E �� f 39.14 f l I 139 (101890-1) Y Pd- INSr N0. 0 R. > I / P.O.O mWcm J' 19990231 pm IN IGNWA Y ' ORT60 H�—�— op.L L4NO -- --�-�" N0. 5857 � .9/30/13 DRAFT �� c►��F`! REVISED 9/10/2012 (XXX) INDICATES RECORD DATA PER R.S. NO. 2011-1117, R.&B. 256/35-45) HUITT.-ZOLIARS SxETCH TO ACCOMPANY """ 10-60, A LEGAL DESCRIP77ON m1w i' DIW H�Mt EXHIBITS 8, B cwt or PMc F4mx t 2603 dct SMEs 400, lrvine, CA 928926%-4250�42$O t�i 888 -MG Fax (949) 986 -SM BRANT DEED DAIS 216/2012 APPROW er Off OF SAN JUAN Na CAPISTRANO TO S.M.W.D. 10-1160-25 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 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 44S-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 (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 (111) 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 Maria Morris, City Clerk ATTEST: (Attach AlMurpose Acknowledgement) 3 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" East 39.14 feet and South 10°0637" 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 10006'31" West 32.59 feet; thence leaving last said Easterly line South 80°30'03" West 66.28 feet; thence South 10006131" 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 Qn 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. 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. 5557 EXP. 09/30/13 JAMES F. GILLEN, PLS 5557 F■ -T3 i1 P.O.B. PARCEL R INST.ENE NOL 08017 O.R. 93-of93-08 r NST. NO. r � NLY r 58.73' N79 '53629'E "W 21.88 N10'06'31 " N79'N " 6.28' z E6o q 743E N80'30'03 �a °' CEL S -70. t x r PARCEL ACRES N80'�'03"E 70. 85 �Nt oZ -� � Q v cn m� tV► c3isn py t Q , 07- 7e t t t Al < "t t V) _4 `� t t �$ t 0-.4 z per-+ � o C 4 M t t ^•E N80 4 0 t t Te t z�� zt t o min �Qt / t "r t rrf rr t t / D3 - 0806OOA t J r- ��. LAaQ sG� r r yy\��S F. C/� t ' r r H1t3HWA Y ORTEGA r5J57 0 (STATE ROUTE 74) NO. DOP.9/30/13 DRAFT,0) MEAMM D REOORD DATA PDR NINDICATES 0. 9 O"Ol7 SKETCH r0 ACCOMPANY SrA' 10-30' Mow BY DW HUITT—ZOLIAPS A LEGAL DESCRIP770M Huili-Zo9ars, !rte b v ne 26Main Streets Suite 400, Irvine, CA 92614 03 EVYW 8-7,, B arm By PMO Phone (949) 968-5= Fax(949) 988-51320 SANTA Ail MAWA DAA 9/YO/2012 APFROIED eY WMER DI$77NOT "o 10-1160--25 EASEWENr DEED Q.10116025 \MAP116025 \DWC\EX\ 116025A X43 OWG 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: . ' This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "S-8" for Ingress / 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 V 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/ail 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). 2 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: In Maria Morris, City Clerk ATTEST: (Attach AII-Purpose Acknowledgement) , Mayor K, CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by that EASEMENT DEED "S-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 7905323" 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 70°5643" 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 18°27'52" 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 80130'03" West 15.34 feet; thence leaving said general Southerly line South 09°2957" East 44.00 feet; thence Souih 80°30'03" West 20.00 feet to the Southeasterly corner of said Parcel 1; thence along said general Southerly line South 80130'03" West 14.55 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.071 acres, more or less. 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. NO. 6667 EXP. 09/30/13 JAMES F. GILLEN, PLS 5557 M aV*x3Vao9111 x3\ S*G\ sao911 ddw1 saa911o10 0-0911-01 ION WP OM JAGNM3 lomm 6mdM acoa/a1✓s Z,,a VlgiVBUM rte,$ me A6 MNVW NOILAYOS30 7YO37 b ,CVC 1 7wx ANddiVOOOV Ol HOl3NS 2!'0 2109090-0 ON ISM d3d VIVO O800321 ONV 03vnSd3W S31VOION! (XXX) (*t xnos XII) leo AB MOMddV =-no (eipe) x9a oas-ase (am) wimm me va 80*4 `OOb am 'worse w"w em -5 oUIM W 'WWz-WnH sdvila.,.7.-.~JLinH voe livy (rMS03(rW'Opf AVMHVIH r t yo ao9ogo Gig 41 1 I £z ^ I I 3.0- p.SLN r r :. I ,Lg•t � 3 �� ac I to cn I o . u+Q zn a 3 �c� 3 1w c�5 z IL ^n m I '} c us loor1� i o �` I z $ I$I z wn1 4£•51 r �p I QI � N of«£o,o�asN o I x I 3 IgA* z I } l •s� I ,f t N tV r r r r r r r r �rr "OV Y-SAff f r 'f�N r r r r r r -£s .aN jSN1 jNn A �.a•o .�.a t�o9o8o"£s -ON `t 1098 0 A'OMN LSNI d�$ 130dN4d .0 -old e Jo t JMHS 0M 0V*X3 VC0911 l x31 aM o1 sz0911 dVM\ sao9 t l0 t 40 r r r rf 1 r r r r rrr•irr ,00•GY �� '0BZ9LZ8� z 0 �C3 ow OOd (IVY � M«6a,96.asN YO `x09090 06 • d 00 gr aQ p� '00 �,v 1 ,64.8+' } 00d ovd 1 •p$� p$ M«OO,*41FN L 0o s3dov wo•o � 1 2-9 mrd •8.0 2109090-56 ON ISNI 3N17 AU j '1 v � t 1 1 6LN r r r r r 1 ,ot :1 �7v0s 1 a 'OAf :LW ' 1 z 8'0 1 ON ISN/ SV 1 i" d 2101/'/`- 038 U 'OMAIS Ql 03301NN89 - i Z �0 Z Lutes 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 6'C-5/ C-6" for Ingress / 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 �' 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, repass 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/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) KA 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 Ail -Purpose Ackn&w[Mgwent) 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property, conveyed by that certain EASEMENT DEED 11C-5/ C-6" attached hereto from the Santa Margarita Water District, 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 V 10- 1l60-25 (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 Califomia, 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 l0°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 10006'37" 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 11°31'56'; 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°06'31" 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/a/NSM WD-PRS/zkAipm EXHIBIT C-5, A LEGAL DESCRIPTION -CONTINUED GRANT DEED RANCHO MISSON VIEJO TO CITY OF SAN JUAN CAPISTRANO PAGE 2 JAMES F. GILLEN, PLS 5557 10-1160-25 (D) 02-16-12 Revised 09-10-12 9N0'V80X3'8L09lt 1 40 sz-09tt-oc VN ONVULSWO ea� NVIV NV9 .IO AJJO ztoz/9R/z AM 033a iivmwSV3 oze9-M (SSS) x%j GM -M Its) «+� Oft Aa a 8 �9-O l�IhfX3 09a" zs do 'owe 400w ow+eUPM ww N►d �-0 d'�poZ-fit-! .ca Ana NOLLdldOS30 7b'937 V ��n%�. ,09 .i � ANddnOODY 01 HO13NS �-/` ii i n H (9i-W99X WSW 'L11 -IDOL ON S2! &Gd VLV0 02/0.0311 SMV010N1 (XXX) ZIOV0V6 03SMM I d0 1133HS ��~ted 0 <� �YMH) H %x ,t,zv666t <Gy V'O'dI � t� .d•O 'ON t) 6£t tt .00000 -0681 M �d 11 W O 2109080 --re ONY5N1 3N A7A f tt�k Yo �a906r.�- . 1� .� Ogg S3WV 9 0 0 � Z l 9-0 730&Vd `�� I` ,9t OZ Ya ` .�a- 096 a� rOAr 1 �O--kox.7.7 l l 0/00 'da c ON ,09 ;i 37VOS U a N DRAFT 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, it 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 comer 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 comer 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 10°06'36" 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 79053'23" 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 80°30'03" East 24.21 feet; thence South 09029'57" East 43.33 feet; thence South 80030103" West 20.00 feet; thence North 09°29157" West 21.33 feet; thence South 80°30'03" 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°0631" 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. g110-1160-25/o1(C V WD -5M W D/zWjfg EXHIBIT C-6, A 10-1160-25 (D) LEGAL DESCRIPTION -CONTINUED 02-16-12 GRANT DEED Revised SANTA MARGARITA WATER DISTRICT TO 09-10-12 CITY OF SAN JUAN CAPISTRANO PAGE 2 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 S r. NO. 5557 EXP. 09/30/13 JAMES F. GILLEN, PLS 5557 q/10.1160-25/&NCV WD -SM W D/zk/jfg oMaIVOlX 990911\X3\5f10\5t0911dYM\gZP091101\ -*d gz-0911-01 'Q'M W S 01 ONVULSWO vm a" NVnr NV6.40 AJJO Ag alvr/9t/a ,,� 0330 lNWWSV3 090-M (Ws) x9=1 sass -M () OU0+d .*Md Aff a ,8_O ijeof" 09 Sze do 'ooe� 0 �a XNVdwoOOV oL H� NS sdviloz~iiinH 37Yf1S (S6-SF/99t 9Sal 2111-1101 ON 78 Wd YLY0 ON003Y SMY01aNI (XXX) tl0a/oV6 mm3rr Id WIG o LM *ON .9180 ,� � d + _� yds ,,0 • S,�� AYMH V7 1 cn �l 6£t •X1d WX AW 'S.O .�NSNSSSt fC '010i Z! � � . • � 1YJj � 0 9 G tle .g•0 d.L `Im ;-; z 4m z � 4 aro 2109090-C6 N 2SNI 3Nn A7,M ,ZB-Qz ,M„ t£,saQIN S3wd 99000 9-0 W&dd N _ YO x0.0.cgo0901-rri� '07V LSM ,9005 M,lr,9aO1N Z ,tCU M„lf,9a01N l -vi d0 3SAYIW t a f- 0 O D0 n a SCALE 10-20' SHEET 2 OF 2 r r r r r r r r r r r r r r r 3 nl 3WE z Ny 703�2 39.14 WLY LINE INST. NO.--' 93-0806017, O.R. N80'30W OE 198' REVISED 9/10/2012 Q: �T0116OZ5�MAP116DZ5�DwG�ex�»auz�x�uv.uw�+ 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 8 8103 CITY OF SAN JUAN CAPISTRANO Documentary Transfer Tax No Tax Due QUITCLAIM DEED R-11 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 "R-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 DRAFT] 10-1160-20 (D) 09-10-12 EXHIBIT R-1, A LEGAL DESCRIPTION CITY OF SAN JUAN CAPISTRANO . QUITCLAIM DEED Parcel I (Construction Easement): 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 • u/ NO. 5557 EXP. 09/30/13 � •• tAr TiR IerWt[aT of ATA wm. TAR 3rMtffta/ra TOr .....F.* wain CAPISTRANO VALLEY WATER DISTRICT 32480 Paseo Adelanto San Juan Cepbttrano, CA 92M V DOC 1193-0806018 1"OV-1993 03159 PM ibcmw 1n_O"f•fkial metres fin t�0* sf 1 Wifamia In A, lIr"? twtr hcordsr Pur i of 7 Frest s 4,00 ins t 0.V. @two sun em MrawwwooUn PROJECT NAME OR NUMBER: Flow Control Facility No. 4 Documentary Transfer Tax File No. 70.002 No Tax Due RECORDING REQUESTED PER yJVERNJ6ENT pODE SKMON 41103 GRANT OF EASEMENT DEED TO CAPISTRANO VALLEY WATER DISTRICT FOR VALUASW CONSIDERATION, receipt of which is hereby acknowledged, Sane Margarita Company ('GRANTOR61 hereby grants and conveys to Capistrano Valley water District, a public corporation ("Grentoe"), a perpetual, non-excfuaive access easement and right-of-way for a roadway over, upon, along, through and across the mspecdve portions of the real property deaMbed in Exhibit A and diagrammed In Exhibit B, as parcel 2; attached hereto and by mention incorporated into this document. The easement and right-of- way ight of - way granted heroin are In gross. The easement and right -of wsy granted herein included the incidental rights to enter upon and pass and repass over and along the Easement Area for the construction (including, without Rmttation, grading, excavation and compaction of the Eminent Area), reconstruction, enlargement. Improvement, repair, operation and maintenance of the faoflities to be constructed by Grantee and for Ingress and egress to Grantee's property. After completion of any work performed by Grantee or its 8080118, cantractm or employees which disturbs the surface of Grantors property, Grantee shell restore the surface of such area as close as reasonable to its original chmaater. The smfmnt and right-of-way acquired herain are acquired subject to the right Of Grantor, Its successors and assigns, to use the surface and subsurface of the pend witfdn the Easement Area to the extant that such use Is compatible with the full and free exercise of the easement and right -of --way of Grantee; provided, however, that no fences, block wells, or other structures of other improvements shall be constructed _Kw.ewoo i EXHIBIT "B" a1a*Ta " AC6oalPAN - A t o& 08801f1"10rt 140lt CAPiSTRANO Y SER 0lSRfOT ��ITY N14 r4mmot SHEET I OF I SHEET 9�bort9kd7, � Exhibit R-1, B 65, .. 1, amend along the Easement Area Without M0 prior written consent of Grantee, _d11oh consent shall not he unreasonably withhold or delayed. ,. No HII or paving of any nature shell be Dlecatl or maintained an the surface of the ground within the Easement Area, not shall Any earth be removed after driveway consvucilon, without the prior written consent of Grantee, which content shall not be unreasonably withheld or delayed. Grantee shag have the right to use gates In all of Grantor's fences whish presently or hereafter cross the Easement Area, and to remove, trim cut and clear away enytrees and brush whenever in Grantee's reasonable judgment the same shall be necessary for the comrenNnt and safe exercise of the rights granted hereby. This Grant of Easement is being recorded In conjunction with the attached Subordination(A). W WrMESS WHEREOF, this instrument has been executed this 1Ocb day of searmber 1993. ATTEST: IAIWLh Nou,y C.,11M W Gy: By: 'GRANTOR' n Senior Vice Pref Santa Margarita m onm. 3 EXHIBIT "B" tM ICH W ACCOMPANY A LEGAL Oaacll"UH FOR CAPISTRANO VALLEY WATER GISRIGT FLOW CONTROL FACILITY Na 4 EASEMENTS. scvaena SHEET I OF I SHEET R�r �'s�mYbOoaamr .rm Kart �� vxMrM t sun of CAI+I8mxh ) On L- gab-tr 4 , 1993, befoty me, personally 86*aZO4 Ljc-�-F.'74 than i and 1' ivik 0 . NK personally known to me (cr axwavad to me on the basis o!' satisfactory evidence) to ba Na ppasrrsaa(s) vlhase nam(s) is/are sabearibad to the within iastrtmant and acsatawleddggs�dd to no that be/she/they eioaa t.bs same in his/her/ttbmir authot3med 9Waits(ies). and that by he-tiblow/Mewr�ty upon CrIur ot)Hhiah ththe e p�arsrn(s)thaeated powaexoans) the urnme my hand andofficialseal.. a&A. Q` .8!& motar FWAIC in ` Stabs aoMtsowl V ��ov>wrs wave,. � � NuAt i •. 40YR tAlMM colla MCI.? I CBRFIFY UNOBR PENALTY OF PIMOURY TRAT TRS NOTARY SEAL ON THS DOCUItBIIT TO MICR TIIIS sTATsmW Is ATTACDBD MMS AS FOLLOAss NAm op Tug NOTARY .- j R / A /L. 3Q dtg-cam DAT$ C=ff99ION 201=8 A 14 11G CC=" NUM BOND IS FILRD i o" AF (JC6::,S -•,•� COIOIISSION No. _ 9 `7 so S S MMUFACTORMV>I 90it no. 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SitBW TO all Co►enasts, Rights, Rigbts-of44y and Easements of Record. WIDIT Or attached and by this reference usa►de a part hereof. - t!►siD * �AM OP • M EXHIBIT u8" Me TO AOQOMW A F MO �RD6 i'PY N= 418RtCT o1 'A SHUT 1 OR 1 8HE9T , 4 AW • IpU NfO EEXyWH�i1' I SUS"y J ANOw1►AI�• A mm�" 0��N FOR "W, 018RIGT t'II.ITYfi 4 tietrneonl SHEET 1 OF 1 SHEET '�°� 0�aunilr =XOTAAWD VALLEY WATSS via== 32450 Peace Adelanta Ban Jaen Capistrano, CA 92675 sT or CJu=02YIA ) COoaTY OF 0Y11WdB ) aa. CITY OF am JUM CAPISTSAWO) I, Oearg•Ann Scott, Clark of the Board of Directors of Capistrano Valley Water District, Bo hereby certify that the attached inctrusent was duly approved and accepted at a Wogular Seating of the Board of Directors of Capistrano Valley water District held on the 21st day of September, 1993 by unanimous Vote. Ram2aAT.aOa P.O. Box 967,San J=Cepbumn*, Ca9bmb92M 4 Phooa 9493.1016 32960 Pawn AdeJanW • SanJuad Capbtravo, Cd ff,,& g= FAX 7194933955 i�c ip =XOTAAWD VALLEY WATSS via== 32450 Peace Adelanta Ban Jaen Capistrano, CA 92675 sT or CJu=02YIA ) COoaTY OF 0Y11WdB ) aa. CITY OF am JUM CAPISTSAWO) I, Oearg•Ann Scott, Clark of the Board of Directors of Capistrano Valley Water District, Bo hereby certify that the attached inctrusent was duly approved and accepted at a Wogular Seating of the Board of Directors of Capistrano Valley water District held on the 21st day of September, 1993 by unanimous Vote. Ram2aAT.aOa P.O. Box 967,San J=Cepbumn*, Ca9bmb92M 4 Phooa 9493.1016 32960 Pawn AdeJanW • SanJuad Capbtravo, Cd ff,,& g= FAX 7194933955 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: WN This Space for Recorder's Use Only Documentary Transfer Tax No Tax Due RECORDING REQUESTED PER GOVERNMENT CODE, SEC. 6103 EASEMENT DEED "C-21 C4' 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 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 2 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, 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 jurisdictlon 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: (Attsch All -Purpose Acknowledgement) 3 ON 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: 4 GRANTEE City of San Juan Capistrano 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 10106'37" 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 land 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/10-11 60-06n/VSiCpipc1ineJ&A►pm EXHIBIT C-2, A LEGAL DESCRIPTION -CONTINUED CITY OF SAN JUAN CAPISTRANO PIPELINE EASEMENT PAGE 2 JAMES F. GILLEN, PLS 5557 q/10.1160-06/NUS7Cpipcline Aftm V 10-1160-06 (D) 06-18-09 Revised 09-10-12 Lim SEE SHEET 2 M■ �3 20, 20' PA to 20 so' CENTERLINE OF 20' 6 �. WIDE ESUT. PER INST. 3 P C� NO. 93-0806019, O.R. Y CE PARCEL C-2 l x676 AC + ' a N Y UNE INST. NO. x 93-0806017, O.R. (125.00, + C� l t479 -53-23@E) �ivsr . ova . 6 ' ORTEQA HIQHV A . No. 5557� DRAFT Off. 9/30%13 RENSED 9/10/2012 (XXX) INDICAIE'S RECORD DATA PER R.S NO. 2006-1181, R.S.B. 218/14-24, O.R. fj INDICA7ES RECORD DATA PER iffNO. 93-0806019, O.R. HUFU~ LLL 11 V SKETCH TO ACCOMPANY 1=80' A LEGAL DESCRIP77ON mw or DW 430 E�xcheZir�e, Bulte 200, trvha, CA 92602-= EXHIBIT 0-2, @ CNECRO OrPmc/ac h �= 7�-� Fax �) X5155 CITY OF SAN JUAN DANAAMWV 611812009CAPISTRANO PIPELfiVE EASEMENT 'A°B �`10-11so-os Q.- \10116006\MAP116006\DW \116006,, O DW �i 0.• \10116006\MAP116006\DWG\116006JEX07.DWC SHEET 2 OF I I ill l 1 I I2 l J III j l I N'L Y LINE PARCEL 2 PLANNING I I 1 J Mol I t71 AREA ONE DEVELOPMENT J BOUNDARY PER R.S. NO. I r I1 I 2006-1181, R.S.B. 218/14-24 j SCALE 10-80' r 4 1 l fl 1 j l / '� CENIERUNE OF 20' WDE ESMT. PER INST. / ^ t NO. 93-0806019, O.R. ! i PARCEL C-2 / x676 AC / I � 3 r f // O N I O PARa 48 200 I 20' A 20'60, I X0774'23" I R=336.45' I L=4251' I r� J' [A=077423" 1 I P R=336.45' ^ L=42.517 aysr . /v:% 2D0;8836, OR M 111' �~ p 2 I 1 ll REVISED 9/10%2012 7- L.+ t { SFE SHEET 1 0.• \10116006\MAP116006\DWG\116006JEX07.DWC DRAFT' 10-1160-20 (D) : 09-10-12 EXHIBIT C-4, 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. o' ' NO. 5557 EXP. 09/30/13 ((-, JAMES F. GILLEN, PLS 5557 , i GC 2-001 01 1 t � 1 lot fo x a t zs PARCEL 4'3 �$ PARCEL C-4 a Z ` 1 0.041 ACRES zIt vl r ' 30 to/ 3 w 4 c. Nly 1 � o 201, UNE 844 Na R, Imo' 0 20f 1000428448, 1 1 t ' lruSr. �� J\10. 20Jpwoeig , OA �l OPAL LANG S F. NO. =7 9DRAFT EXP. /30/13 t of ca -V HUITT—ZOLIARS SKETCH TO ACCOMPANY 1 ago' �firitt-Zodere. tnc. A LEGAL DESCRIP77ON W+enr 9Y DWM trvhe 2603 Mem Street, Sults 400, In**, CA 82614 EXfUBIT C-4, B ° e'' Puc Phorke (W) 888-5815 Pax (9a) 9w -5m CITY OF SAN JUAN a« APPAOM BY s/fo/�2 CAPISTRANO �e EASEMENT ma 10-1180-20 0. \10116020\MAP116020\DWG\EX\116020JEXOaDW \ A31 , -IN T S ATTACHMENT 7 8 ,LNSWHOH.L.iV n„ �a aao o 006 OOZ OM 0 4 Puu f S4OO4S DOS ',I/jl KOt`l�,�pv`so� yo �d5 a 0 Z 10e4S DOS l� ( ) py oemaoWl amws i .. (9ed) ouWeNeO uenf ue5 N 4I0 r i ('H'OeWp0Y SON 3ml)pewlepenOO4011uewese3� Wowase3 3010fS A40 p0e0001d E �V+W We Oa0n W 40 pesnewd (YL W040 un uepueep a )puawen3 .-. \ V 4 t 1804 N PAR 'Al, I� iP �0 Frm: TCE (by RMV). 0 o TO: CSJC r 6 C' gggg8 Sheet 3 of 4 ...i 0 25 50 100 O Feet Legend - Existing City SJC Easemenb C-1- F9dtidWA.,te O Peo o d City SJC Easamame (RMV 10 City SJC) G2-FedIiIM Accees CJ- Acaeee CA - Fecllif NAcceea Q Proposed City SJC Easement (SMWD t0 City SJC) P6-Accese C4-Aaess ® Cly W Q011cbbn eldM se EnemeM(1m N O SDOSE Eseemems jlPmposee SMWD Fee (RMV to SMWD( Free daed SMWD Fee (City SJC W SMD) City of Sen Juan Cepbino.9Y0BUe01B OA.)n0 (&IMI, Fee( O Sheet of 0 25 50 100 v Feet Legend - E dsting SMM Eaaemenb s-1- Fa liUeMAcress SS - Aced.. S-9-F.dIMeLAcwn O P.I..d $MM Eaaemenb (RMV b SMM) SA - Sew r Forte MeiNGnvi y/pace.. S-5-F..IA.V ..a S-0- FeciliteeJAccess Q Pnepdsed SMM Eeeemenb (City SJC b SMM) 5-7-FnclWWAcmea Sd-Acreaa Proposed SMW Fee (Cil, SJC b SMM) S9 -Fee 1 ; Pre a ad SMVrn Fee (RMV b SMM) 5.10 -Fee Cly M Sen Juan CWks"no (Exbdrq Feet QS &E E.--.% / 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: ' 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 v 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) E I ME IN WITNESS WHEREOF, this Temporary Easement Deed "C -T' is executed and delivered by Grantor as'of the day of .2012. GRANTOR 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 All -Purpose Acknowledgement) M M 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 M , Mayor DRAFT:�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 I: 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 14047'08" 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 1 non -tangent South 87006'21" West 112.23 feet to the most Easterly corner 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°0621 " 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 2101 I'l 0" 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 17°38' 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 87°07'52" East 374.62 feet" in said Easement Deed; thence along said centerline North 87006'21" 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 1 South 87006'21" 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 72°3239" 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 06055'41 " 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. NO. 5557 VKI XP. 09/30/13 JAMES F. GILLEN, PLS 5557 �7 4=0478'07' _ uu 'f R=614.00' RAD L=47.89' INDICATES RECORD DATA PER NS . N0. 2010040300801, O.R. 8416 r DOW INDICATES RECORD DATA PFRN744j, T.P.aa NST. NO. 93-08060191 O.R. _ PARCEL Z MOST El Y T.P.O.B. ^'N 2 i CORNER SIDELINE PCL 1, PARCEL 1, NE CORNER SIDELINE�`, INST. NO. 93-006019, O.R. PCL 1, INST. NO 93-006019, O.R. S'LY SIDELINE PCL 2, . W'LY UNE PCL. 2, INST. NO. 93-006019, O.R. 1 INST. N0. 93-006019, OR. 4=03'32'57" l R=586.00' L-36.30' CC 2001 - 01 N2171:!LCE ______ ',y $ ►�s t N'LY S/DEUNE PLY. 1, RAO N INST. NO. 93-006019, O.R. PARCEL CURVE DATA: W O 4-02'51'0 a 1s9 ACRES 5', PAR cj5L N 3t a L 30.56 � N -.IK IP 2Q 4=0373'20' +o r� ce . N ^ R=614.00 L=36.32' NEIL Y SIDELINE INST. NO. MOST E'L Y CORNER INST. 19964624469, O.R. NO. 19960624469, U.R. IM NPARCEL 2 a081 ACRES N 41t N'LY SIDELINE? 's o I Z 10'7.• INST. NO. 20 •- OoiIN N[Y R/cl,,r 1996Q624469, o.R. Z 41* 2003V-50863-5 OR 20100005 Afo PgRKw YAY LIN£ 1" W � �•t /'£R /NST. �,, z � I f PARCEL 1, INST. X601 �► O,�p ~ $ I w N0. 93-006019, O.R. 75 St Y SIDEUNE PCL 1 INST. R�2 4i ppb [mom �.` z I NO. 93-006019, O.R. .g 4 �A=0030'05� R=2,418.00 f L=21.16' O yS�04 \ tV a: N0. 5557 d EV- g I13 PARCELS 1 do 2 p'9�/rory � * q DRAFT-,] HUITT-ZOLL l l V SkE7CH 7'0 ACCOMPANY 1 a6d' A LEGAL DESCRIP77ON DRAW BY DOM Fhtkt Zorara, kl-. Irvine 2603 MsJn Street, fluke 400, N'vkte, CA 82614 EXl�B/T C-?, B area►�a sY PMc Phone (948) 888-6815 Fax (948) 98s-5620 CITY Of SAN JU M CAMTRAND imw .tPMtW BY TFAPO�TARY CONBTRUCTxON9/10/'12 E4rim—ma 10-1160-20 C.- \10116020\MAP116Q20\DWG\Ex\11602a Ex07DWG W" 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 ' This Space for Recorder's Use Only PROJECT NAME OR NUMBER: 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 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 (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 rights acquired herein shall be subject to the right of the fee owner its successors and 2 WN 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 , 2012. GRANTOR 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 All -Purpose Acknowledgement) 3 N 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 DRAFT10.1160.20 (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 75148'02" 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 10006137" 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 I 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 19, 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 47041'44" West; thence leaving said Northerly line and its Westerly prolongation and along said Easterly sideline and the Northwesterly ling of said Parcel l the following courses: Southwesterly and Southerly 32.02 feet along said curve through a central angle of 52124'53", South 10006137" East 129.62 feet, and South 75048'02" West 14.04 feet. Containing an area of 0.1 l 3 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. g F. [[&I NO. 5557 ° EXP. 09/30/13 JAMES F. GILLEN, PLS 5557 * , F" U WN SHEET 1 OF 3 UNLESS OTHERWISE NOW, ALL BEARINGS CC mol-ol AND DISTANCES HEREIN ARE CCS 83, ZONE 6, BASM ON NADLU EPOCH 1991.35, AS LOCALLY ADAISW BY OGS ALL DISTANCES ARE US SURVEY FOOT GRID, DI NDE BY A COMBINED FAcrok OF Q99995716 To OBTAIN US SURVEY FOOT GROUND DISTANCES (PARCELS 1 & 2 ONLY) P.4RCj5L, 43 1N67'MAEN7r JO. MOV -508684 OA v4N 9' PARCEL 1 0.236 ACRES V s P.O.B. PARCEL 1 "��• , P CE \ PARRCEL ? �� DRAFTNO. &W 0 REVISED 9/YO/2012 \ •9� \ e or ) INDICATES RSCM DATA PER � WMaS NO. 2008000368965, O.R. HUI TT � ZD L i1 1! V SKETCH TO ACCOMPANY � 10=60, A LEGAL DESCRIP770M BY DW 430 Exchanpl 8uit�e 200, IMne, CA 92802-=5 EXHIBIT CA B CHEMM BYJLGIPUC Phone (714) 734 -OW Fax CAQ 734 -SM CITY OF SAN JUAN VAN A�tiW BY CAPISTRANO 7/6/2010 ACCESS EASEMENT sae X10-1159-24 0. \10116019\MAP116019\DWG%Ex\11sO19JExo&DWG 14•�� SHEET 2 OF 3 t 1 UNLESS OTHERiNSE NOTED, ALL BEARINGS AND DISTANCES HERON ARE CCS 83, ZONE 6, BASED ON MAD84 EPOCH 1991.35, AS N£STET?LY UNE LOCALLY ADJUSTED BY OCS. ALL DISTANCES INSTRUMENT NO. ARE US SURVEY FOOT GRID, DIVIDE BY A 93-0806017, O.R. ! COMBINED FACTOR OF 0.99996716 TiD PARCEL 2 0.121 ACRES �UAW SCALE- .1 1a60' REVISED 9/10/2012 14!' T.P.O.B. - PARCEL 2 OBTAIN US SURVEY FOOT GROUND D/STANCES (PARCELS 1 & 2 ONLY) o 4 _� _to to N 54 lK z cc! a� 9.0B' Z VARIES wlKLQ J a„ 109.00' 000 ao to �Q ! Nor MAOI SCALE r NORTHERLY SIDE OF n ORTEGA HIGHWAY -' INSTRUMENT NO. / 200800068965, O.R. ! SEE DETAIL 'A' g HEREON 0 tit, I .3 I" PARCEL 1 1 a236 ACRES l 1 SHEET 1 f 0.• \10116019kMAP116019\D 116019JEX08.DWG SKEET 3 OF 3 � i t W'LY MDELINE PARCEL i.--�� 2 0' CC 2001 - 01 INST. NO. 93-0806019, O.R. 110' 10' 1 N .E 89.85 1 C3 ac (� PARCEL 1. No N79153 2 ACRES0.113 ee 112.2 �0 •W N'LY UNE INS" ,R. tip Nar41' RAO g3-0806017 ��__ 1 pARCjV_ 48 1 6=5224'53" ' R=35.00' 1 1 L-32.02' 1 C3 C3 1 l W 11 J1 r• J i 14'08 livs%, lam. a o a o 1 mo d N we 1 3 290D5.08636 ��rry^�/ryy��yy��yy //yy rr��C ry �Z 1 1 ? 7-1 1 c � z .INST N0R• ARCa 20�3�80 o ACRES 018 1 1 PARCEL 4, INST. 1 M NO. 2010000500806 1 C3 ci 2. IN RT. O � UNE P050080,0 J J a 4 N LY 20100pIN• 1400 _ NO. pARCE 0p806, J J 2010005 J 19 '1; 228 41 �2 � f Y J �N7gb8'02 J EQA N,aNW _1 J T.P.O.B. • " J J pR PARCEL 3 � J r RENSED 9/10/2012 COURSE DA TA N10-06'31 "W 19.36' 2Q N75'48'02" E 14.04' (XXX) INDICATES RECORD DATA PER INST. NO. 2010000500806, O.R. Q: JIM16020NMAP116OZD\DWUX&XI716UZWC CM.u►w J J -am, Gad Is 099`£b jo 1o}oel uoisaanuoo e sawn Ise$ 041 saw4 a6eaioe eLp to aejldillnw mil si uoisuaixe eq_L (�} ZL wing£$ aueles 09'ZBV'SZ$ L 09'ZBV'SZ$ 09'9$ 0060'0 38 060,0 6-S LO -CL L-SZL 'ON I8wed 10 u01Pod a Jo GIBS 017'860`9$ L Ob'860'9$ 00'Z$ 0010'0 oB OL010 8-S aMWS of luawase3 ssaJB3 /ssaJBu1 ir9*vL8`5Z$ L ti9'b19'SZ$ 09'5$ 080L'0 oe 9WO L -S aMWS o; luawase3 aulledld 9E'E98'6 L$ 00' L$ 09917'0 oe 99VIO AWN of w1elo l!no 09'L9L'8$) (L 0919L'9$ SL'O$ OOSZ'0 oe 09Z'0 L-0 AWN wool lu8wsse3 uogonrlsuOD aJnlnd (96'ZSO'S$) ( L 96'ZSO'S$ 00' L$ 09WO L'0 oe 9L L'0 9-319-0 amyys woij wowase3 ssa,63/ ssajBu1 (Z8'9E0'8$) FF 79'9E0'8$ 09'V$ 0 vo'0 oe LVO'O AVYM way luawase3 aulledld (00' WWOU) ( L 00' L69'OZ$ 00' L$ OSLv'0 oe SLi7'0 £-� AWN way sluawase3 ssGJ63 /ssaJBu1 00'0$ L 00'0$ 00'0$ OUTO oe 9L9'0 Z-0 luawa0eld II13 of enp 4uewasea aulledld leuolllPPd !o llgea i mpajo -/+ {. uolsue3x3 181$ enlen Alun .3e ldjoe Beiv ApedO.1d /juawese3 uolldlaasea U Q MINUTES MARCH 20, 2012 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETINGCLOSED 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 hell for the following purposes, as authorized by statute: a. Pursuant to. Government Code Section 64956.9(b), the City Council conferred with legal counsel pertaining to one potential item of significant exposure to Iffigation regarding facts or circumstances not yet known to the potential plaintiff(s). Ub. Pursuant to Government Code Section 64956.9(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. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None. U 1 ATTACHMENT 12 V CITY COUNCIL REPORTS ON OUTSIDE -AGENCIES: • South Orange County Wastewater Agency meeting. • Association of California 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 Saturdq Art Fair. • Girl Scout's I OCP Birthday 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 AND 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 . Behmerwohid, Parks, Recreation and Senior Services Commission; Al 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 CA4j11DAR: Council Action: Moved by Council Member Allevato, 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 3120/2012 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 Oral Communications. 3. CHECK REGISTER DATED FEBRUARY 24, 2012, TO MARCH 8, 2012, IN 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 PROPERTY (SANTA MARGARITA WATER DISTRICT) (SC04-FCV INTERCONNECTION) (670.70) Keith Van Der Masten, Utilities Director, responded to questions. Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member Freese, and carded 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 some 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 L2013 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 CITY'S 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 -SERV 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 ('l)) (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 staff directed to proceed with processing the proposal with appropriate Boards and Commissions. 4 3120/2012 i 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 Ceza residents; Dori Ross, Hamilton Oaks Vineyard & Winery; and Jim and Dinah Sapunarich, 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 Kardlsh, Napa South. Council Aviion: 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 LSUBDIVISION AND EQUESTRIAN FACILITY (THE OAKS) (GPA 12-001), 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 Council Acfion: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to approve the Initiation of a General Plan Amendment for The Oaks residentiaf subdivision and equestrian facility. F2 UTILITIES SEVICES 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 Meaten, Utilities Director. provided a PowerPoint presentation and responded to questions. • Public Comments: Richard Hart! and Ray Miller, Utilities 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. '1 r 6 3/20/2012 u 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 Allevato, 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) Councilon: 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 $16,543,914.49. ORDINANCES: None 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 Cultural 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, submitted, S. Approved: April 3, 2012,--J 8 3/20/2012