To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Jacki Scott, Public Works Director/City Engineer
April 15, 2025
Acceptance of Grant of Easement Deed from Orange County Flood Control District and Authorization for Just Compensation for the Crown Valley Parkway Westbound Widening Project
RECOMMENDATION
Staff recommends that the City Council:
1) Accept the grant of Easement Deed from the Orange County Flood Control District on portions of Assessor Parcel Numbers 636-033-04 and 636-043-08 for the Crown Valley Parkway Westbound Widening Project at the Oso Creek Channel. 2) Authorize the payment of Just Compensation for the grant of Easement Deed to the Orange County Flood Control District in the amount of $76,800.00. 3) Authorize the City Manager to execute and accept the grant of Easement Deed on the City's behalf.
BACKGROUND
Crown Valley Parkway, from Interstate 5 (1-5) to Greenfield Drive, is designated as an Enhanced Major Arterial Highway in the Circulation Element of the City's General Plan.
The designation of "enhanced" indicates that traffic conditions in this location require additional travel lanes to reduce current congestion and to meet future traffic volume expectations. The need for additional travel lanes in this section of Crown Valley Parkway was also included in the 2011 Gateway Specific Plan.
The Crown Valley Parkway Westbound Widening Project (Project) includes the construction of a fourth lane on Crown Valley Parkway, from the 1-5 southbound off-ramp to Cabot Road. The Project will require the widening of the Oso Creek Bridge, which spans Oso Creek Channel, as well as the bridge spanning the Southern California Regional Rail Authority (SCRRA) railroad tracks. Additionally, the project will include improvements to the intersection with Forbes Road, the median and parkway landscaping, street lighting, and signage.
In order for the widening of the Oso Creek Bridge to occur, a grant of Easement Deed of the Orange County Flood Control District's (OCFCD) property, consisting of approximately 1525 square feet is required. Psomas, a consultant on the City's On-Call
Professional Services list, prepared the legal description and the exhibit showing the area to be acquired. The grant of Easement Deed from the OCFCD will accommodate both the widening of the northerly side of Crown Valley Parkway at the Oso Creek Channel and a portion of the intersection work on Forbes Road at Crown Valley Parkway. The OCFCD is a willing and cooperative property owner in this proposed transaction.
The City appraised the OCFCD property for this right-of-way acquisition through the consultant firm, Monument Real Estate Services. The fair market value of the property is determined to be $76,800.00. The City presented this appraised valuation to OCFCD and they accepted, subject to execution of the grant of Easement Deed and the payment of the fair market value Uust compensation). The proposed grant of Easement Deed is provided as Attachment "A".
ANALYSIS
The successful widening of Crown Valley Parkway can only be accomplished through the acquisition of public right-of-way and similar access rights. The property owner, OCFCD, is a willing party to the agreement and has agreed to the cost determined through the appraisal, allowing this right-of-way acquisition to be completed. The acceptance of the grant of Easement Deed and the payment of Just Compensation will complete this OCFCD property acquisition .
The City Council, by action on November 15, 2011, adopted Resolution No. 2011-1047, certifying the Laguna Niguel Gateway Specific Plan Final Program Environmental Impact Report PEIR 11-01 (State Clearing House No. 1998111080) providing CEQA compliance for this Project. This Project supports Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ALTERNATIVES CONSIDERED
The City Council may decide not to accept the grant of Easement Deed and payment of Just Compensation. This alternative is not recommended as the Crown Valley Parkway Westbound Widening Project would be delayed and the associated grant funding may be jeopardized.
FISCAL REVIEW
The Fiscal Year 2024-25 Capital Improvement Program includes sufficient funding for Right-of-Way phase of the Crown Valley Parkway Westbound Widening Project, to include payment associated with the grant of Easement Deed with OCFCD.
LEGAL REVIEW
The City Attorney's office has reviewed the grant of Easement Deed and has approved the document as to form.
Page3
CONCLUSION
Staff recommends that the City Council:
1) Accept the grant of Easement Deed from the Orange County Flood Control District on portions of Assessor Parcel Numbers 636-033-04 and 636-043-08 for the Crown Valley Parkway Westbound Widening Project at the Oso Creek Channel. 2) Authorize the payment of Just Compensation for the grant of Easement Deed to the Orange County Flood Control District in the amount of $76,800.00. 3) Authorize the City Manager to execute and accept the grant of Easement Deed on the City's behalf.
Tamara S. Letourneau
City Manager
Harri n Martin
Senior Civil Engineer
Attachments :
A. Location Map
B. Easement Deed
i Scott
Public Works Director
ATTACHMENT A
Location Map
Location Map
Portions of APN 636-033-04
& 636-043-08
Orange County Flood Control District Easement Deed
Laguna Niguel
ATTACHMENT B
OCFCD Easement Deed for Portions of Assessor Parcel
Numbers 636-033-04 and 636-043-08
DocuSign Envelope ID: AE8215DF-8AD9-4004-9D4B-247D666A77AE
ATTACHMENT A
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Mail Tax Statements as shown above THIS SPACE FOR RECORDER'S USE ONLY APN: Portions of636-033-04 & 636-043-08 DOCUMENTARY TRANSFER TAX$ ____ __ _ Computed on the consideration or value of property conveyed Exempt per Revenue & Taxation Code Section 11922
Exempt from Recording Fees per Govt. Code Section 27383 D Unincorporated Area
[8J Incorporated - City of Laguna Niguel
Parcel No: L03-650
Project: Oso Creek Channel
Crown Valley Parkway Westbound Widening Project
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as "DISTRICT,"
does hereby grant to
CITY OF LAGUNA NIGUEL,
A municipal corporation,
hereinafter referred to as "GRANTEE," its, successor and assigns, a non-exclusive bridge and roadway easement on, over and across that certain real property in the city of Laguna Niguel, county of Orange, state of California (hereinafter referred to as "Easement Area") described in "Exhibit A," and illustrated in "Exhibit B," which exhibits are attached hereto and made a part hereof. DISTRICT and GRANTEE may sometimes hereinafter be individually referred to as "Party" or jointly as "Parties".
GRANTEE's rights shall include the right to construct, reconstruct, repair, inspect, and maintain a bridge, roadway, curbs, gutters, sidewalks and landscaping ("GRANTEE Facilities") on and over the Easement Area surface.
It is understood and agreed by the Parties hereto and their successors and assigns that the easement and right of way herein granted in this easement deed ("Easement Deed") shall be subject to the following terms, conditions, and reservations:
Oso Creek Channel Easement - OCFCD to City of Laguna Niguel Rev. 12 \3 l 7jja
DocuSign Envelope ID: AE8215DF-8AD9-4004-9D4B-247D666A77AE
ATTACHMENT A
1. CONSTRUCTION AND MAINTENANCE (PMES2.2N)
GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT's Director OC Public Works, or designee, (hereinafter referred to as "Director") through the OC Public Works ("OCPW") County property encroachment permit process and shall obtain a County property permit ("CPP") with payment of normal processing fees therefor and shall provide evidence of adequate insurance coverage prior to commencement of any work in, on or about the Easement Area; and upon completion of any such work, GRANTEE shall immediately notify Director in writing of such completion. The Parties acknowledge GRANTEE's related submittals to this Easement Deed have been provided to DISTRICT under CPP # OC22- 36202.
Director's approval ofGRANTEE's construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety , suitability for purpose or conformance with building or other codes or other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or maintenance, design, assumptions, or accuracy ofGRANTEE's construction and/or maintenance plans. Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE's construction and/or maintenance plans.
GRANTEE hereby acknowledges that the Easement Area lies above or over a portion of DISTRICT's flood control facility, commonly referred to as the Oso Creek Channel (hereinafter "the Channel").
GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for unobstructed flood control operations and maintenance of the Channel by DISTRICT .
Should it be necessary for GRANTEE to conduct any construction, demolition, inspection, repair, maintenance or other activities that may disturb the surface of the Easement Area or require the use ofany specialized vehicles or equipment, including but not limited to haulers or cranes, subsequent to the completion of the initial installation of GRANTEE Facilities, GRANTEE agrees to notify Director in writing sixty (60) days in advance of such planned activities, obtain Director 's written approval of all plans, and obtain a CPP for any such activities with payment of normal processing fees therefor and shall provide evidence of adequate insurance coverage prior to commencement of any such activities within, on, under, over or about the Easement Area. The Director's prior approval shall not be necessary, nor shall GRANTEE be required to obtain a CPP prior to conducting any work associated with an emergency situation , however, GRANTEE shall notify the Director within five (5) days following commencement of any such emergency work, and if so requested by the Director, GRANTEE shall secure a CPP for the purpose of documenting the emergency work.
Except in areas in which such activities require regulatory agency approval, or are otherwise designated as environmentally sensitive, GRANTEE shall have the right to cut such roots as may endanger or interfere with GRANTEE Facilities provided, however, that any excavation shall be made in such a manner as will cause the least injury to the surface of the ground and any improvements and/or landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the ground and any improvements and/or landscaping around such excavation , damaged shall be promptly restored by GRANTEE at its expense to the same condition as existed prior to excavation, to Director's satisfaction .
GRANTEE shall, at no cost to DISTRICT, maintain in good repair and in safe condition, all GRANTEE Facilities constructed, used or placed upon the Easement Area by or on behalf of GRANTEE pursuant to this Easement Deed.
2. REMOVAL AND/OR ABANDONMENT (PMES3.1 S)
GRANTEE agrees that in the event (a) GRANTEE 's Facilities are no longer required, or (b) GRANTEE 'S use of said Facilities ceases for a continuous period of more than one (I) year without written notice from GRANTEE to Oso Creek Channel Easement - OCFCD to City of Laguna Niguel 2 Rev 1213 l 7jja
DocuSign Envelope ID: AE8215DF -8AD9-4004-9D4B-247D666A77AE
ATTACHMENT A
DISTRICT of the circumstances affecting such suspension and ofGRANTEE 's intention to resume usage of GRANTEE's Facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove and/or abandon said GRANTEE Facilities within ninety (90) days after receipt of written notice from Director to remove and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior to the granting of this Easement Deed, to Director's satisfaction. In the event GRANTEE fails to commence and diligently pursue completion of the removal of its Facilities from the Easement Area and restoration of the Easement Area as provided under this section, in addition to any other rights or remedies available to DISTRICT, the Director, at the Director's option after thirty (30) days' written notice to GRANTEE, may cause the removal of any of GRANTEE's Facilities from the Easement Area and restoration of the Easement Area, and the cost thereof, including but not limited to the cost oflabor, materials, and equipment, and a fifteen percent (15%) administration fee of such costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said costs from Director.
GRANTEE shall also execute and deliver to Director, within ninety (90) days of such removal and/or abandonment , for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Easement Deed from title.
3. RELOCATION (PMES4.1N)
GRANTEE agrees that in the event GRANTEE'S Facilities shall at any time interfere with the operation, maintenance , replacement , or improvement of DISTRICT'S property as determined by Director, GRANTEE shall, within ninety (90) days of receipt of written notice from Director, relocate at GRANTEE 'S expense GRANTEE'S Facilities to a site designated by Director. All other terms and conditions of this Easement Deed shall remain the same.
4. COMPLIANCE WITH REGULATORY AUTHORITIES (PMES6.2S)
GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out all present and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all governmental authorities , including but not limited to environmental regulatory authorities, with jurisdiction in, on, over and about the Easement Area, which arise from GRANTEE's use of or performance of any activities permitted to be conducted in, on, over, or across the Easement Area and shall indemnify DISTRICT and County pursuant to section 6, below, for any claim or action raised by any regulatory authorities against GRANTEE related to GRANTEE'S use of the Easement Area.
In addition, GRANTEE shall ensure that all construction in the Easement Area is performed in accordance with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other water quality statutes , regulations, ordinances , or permits applicable to the construction, including but not limited to use of appropriate best management practices, so as to ensure that pollutants are not discharged into the Channel nor into DISTRICT's flood control system.
GRANTEE shall not accept any regulatory permit, or consent to any regulatory permit provision which may (i) affect the operation and maintenance of the Channel; (ii) commit DISTRICT to any new maintenance obligation; (iii) require the installation of any water quality feature within the Channel property; (iv) result in increased Channel operation or maintenance expenses ; or (v) be inconsistent with DISTRICT's Channel operations and/or facilities standards and criteria, without the Director's prior written approval, which approval shall be at Director's sole discretion and which approval may include, but not be limited to the posting of a bond or the deposit of funds to cover any permit obligations . GRANTEE shall ensure that any such proposed permit provision(s) not approved in writing by the Director is/are stricken or deleted from the final permit prior to its issuance.
No approvals or consents given hereunder by DISTRICT, as a Party to this Easement Deed, shall be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules or regulations.
Oso Creek Channel Easement - OCFCD to City of Laguna Niguel 3 Rev. 1213 l 7jja
DocuSign Envelope ID: AE8215DF-8AD9-4004-9D4B-247D666A77AE
ATTACHMENT A
5. COMPLIANCE WITH THE PROVISIONS OF THIS EASEMENT DEED GRANTEE agrees that it shall be responsible for ensuring that all work or activities performed within, on, over, under or about the Easement Area by GRANTEE's employees, contractors, subcontractors, agents, representatives, permittees or invitees are conducted in accordance with the provisions of this Easement Deed.
6. HOLD HARMLESS (PMES7.2S)
GRANTEE acknowledges the Easement Area is in, on, over, under or about DISTRICT's Channel and may be subject to all hazards associated with flood conditions. GRANTEE agrees to assume all risks, financial or otherwise, associated therewith.
GRANTEE hereby releases and waives all claims and recourse against DISTRICT and the County of Orange ("County") including the right of contribution for loss of or damage to property, or injury to or death of any person arising from, growing out of or in any way connected with or related to this Easement Deed, including any damage to or interruption of use of GRANTEE Facilities caused by erosion, flood, or flood overflow conditions of the Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the Channel or by DISTRICT's flood control operations, except claims arising from the concurrent active or sole neg! igence of DIS TRI CT and/or County, their officers, agents, employees and contractors.
GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold harmless, DISTRICT and County, their elected and appointed officials, officers, agents, employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the maintenance, use of or operations or activities conducted in, on, or over the Easement Area, and/or the exercise of the rights under this Easement Deed by GRANTEE, its agents, officers, employees, invitees or licensees including, but not limited to, use of the Easement Area by members of the general public. GRANTEE's indemnity obligation shall not extend to any liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit, GRANTEE shall notify Director of such fact and shall represent DISTRICT/County in such legal action unless DISTRICT/County undertake(s) to represent itself/themselves as co-defendant(s) in such legal action, in which event, GRANTEE shall pay to DISTRICT/County its/their litigation costs, expenses, and attorney fees. If judgment is entered against DISTRICT/County and GRANTEE by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT/County and GRANTEE, DISTRICT and GRANTEE agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment.
GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, must have materially affected his or her settlement with the debtor or released party.
GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this section.
Oso Creek Channel Easement - OCFCD to City of Laguna Niguel 4 Rev. 1213 l 7jja
DocuSign Envelope ID: AE8215DF-8AD9-4004-9D4B -247D666A77AE
ATTACHMENT A
7. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S) GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein, or if contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is legally liable to DISTRICT for damage resulting therefrom , then GRANTEE shall indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or appointed officials, officers, agents, and employees from any and all claims,judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE' s use of the Easement Area as a result of such contamination. This indemnification includes, without limitation, costs incurred by DISTRICT in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material being present in the soil or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained Director 's written approval and the approval of any necessary governmental entities or agencies for any such remedial action.
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, the County, the state ofCali _fornia, or the United States government.
8. RESERVATIONS (PMES9. l S)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights and easement herein granted and reserves for itself the right to act in accordance with the Orange County Flood Control Act including, but not limited to improving, constructing, reconstructing , rehabilitating, operating and maintaining the Channel facility.
DISTRICT further reserves the right to grant easements, rights of way, and permits in, over, upon, through , across, and along any and all portions of the Easement Area as will not interfere unreasonably with or prohibit the use by GRANTEE of the rights and easement herein granted.
In the event DISTRICT exercises such rights to utilize the Easement Area, which use results in the disturbance of the Easement Area, DISTRICT's only responsibility shall be to backfill with compacted earth to the grade of the surrounding property following completion of DISTRICT's activity. GRANTEE shall restore GRANTEE Facilities to the design and grade approved as provided for in Section 2 (Construction and Maintenance) above.
9. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMESl0 .1S) This Easement Deed is subject to existing contracts, leases, licenses, easements, encumbrances , and claims which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof .
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to GRANTEE ofrights in the Easement Area which exceed those owned by DISTRICT , or any representation or warranty , either express or implied, relating to the nature or condition of the Easement Area or DISTRICT's interest therein.
Oso Creek Channel Easement - OCFCD to City of Laguna Niguel 5 Rev. 1213 l 7jja
DocuSign Envelope ID: AE8215DF-8AD9-4004-9D48-247D666A77AE
ATTACHMENT A
10. TAXES AND ASSESSMENTS (PMES 11.1 S)
Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Easement Area or upon any GRANTEE Facilities, fixtures, equipment, or other property installed, constructed or used by GRANTEE thereon in connection with this Easement Deed, shall be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments to be paid promptly when due.
11. NOTICES (PMES12.1S)
All notices, documents, correspondence and communications concerning this Easement Deed shall be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the other Party at least ten (10) calendar days' prior written notice of the new address.
Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or by Federal Express or similar courier service and so given shall be deemed to have been given upon receipt.
To DISTRICT:
Orange County Flood Control District
c/o CEO/Real Estate
RE: L03-650
400 West Civic Center Drive
Santa Ana, CA 92701
12. VENUE (PMES13.1S)
To GRANTEE:
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Attn: Public Works/Engineering
The Parties hereto agree that this Easement Deed has been negotiated and executed in the state of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Easement Deed, the sole and exclusive venue shal 1 be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county.
13. WAIVER OF RIGHTS (PMES14.1S)
The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of this Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Easement Deed.
14. SEVERABILITY (PMES15.1S)
If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
Oso Creek Channel Easement - OCFCD to City of Laguna Niguel 6 Rev. 12 \317jja
DocuSign Envelope ID: AE8215DF-8AD9-4004-9D4B-247D666A77AE
ATTACHMENT A
15. ATTORNEY FEES (Pl\1ES16.1S)
In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs.
16. SUCCESSORS AND ASSIGNS (Pl\1ES18.1S)
The terms, covenants , and conditions contained herein shall apply to and bind the heirs, successors , executors, administrators and assigns of the Parties hereto.
17. AUTHORITY (PMES20 .1S)
The Parties to this Easement Deed represent and warrant that'this Easement Deed has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.
II
II
Signatures pages follow.
Oso Creek Channel Easement - OCFCD to City of Laguna Niguel 7
Rev 12 l3 l 7jja
DocuSign Envelope ID: AE8215DF-8AD9-4004-9D4B-247D666A77AE
ATTACHMENT A
Approved as to Fonn
Office of the County Counsel
Orange County, California
DocuSigned by:
By: AA.~~...<.\ t\......b~
Depu 7B6E2c129e1F4B3 .
Date: ____ 4_/_2_3_/_20_2_4 _ __ _
Signed and certified that a copy of this agreement
has been delivered to the Chairwoman of the Board
per G.C. Sec. 25103, Reso 79-1535
ATTEST:
Robin Stieler, Clerk of the Board
Orange County Flood Control District
County of Orange, California
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness , accuracy, or validity of that document.
DISTRICT
ORANGE COUNTY FLOOD CONTROL
DISTRICT
By: ____ ____ ____ _ _
Chainnan of the Board of Supervisors
County of Orange, California
ACKNOWLEDGMENT
State of California )
County of Orange )
On _ ______ _, 20 __ before me, --------- ------- ----~ personally (Insert name of Notary Public & title)
appeared _______ ________ ________ _______ ____ ___ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____ _______ __ _
(Seal)
Oso Creek Channel Easement - OCFCD to City of Laguna Niguel 8 Rev. 121317jja PaQe 8 of 12
DocuSign Envelope ID: AE8215DF-8AD9-4004-9D48-247D666A77AE
ATTACHMENT A
ATTEST:
Marissa J. Asistin
City Clerk
Approved as to Form:
By:
Scott C. Smith, City Attorney
Date: ____ _______ _
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
GRANTEE
CITY OF LAGUNA NIGUEL,
a municipal corporation
By: _____________ _
Tamara S. Letourneau, City Manager
ACKNOWLEDGMENT
State of California )
County of Orange )
On 20 ---------· before me, --------::------,,.,..,- - -=-:c,....-.,,....,...,.-,---- ---• personally (Insert name of Notary Pubhc & title)
appeared _________ _ _ _______ _________ _ ______ _____ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________ _ _____ _
(Seal)
Oso Creek Channel Easement - OCFCD to City of Laguna Niguel 9 Rev 1213 l 7jja
DocuSign Envelope ID: AE8215DF-8AD9-4004-9D48-247D666A77AE
ATTACHMENT A
EXHIBIT "A"
LEGAL DESCRIPTION
OSO CREEK CHANNEL
FACILITY NO. L03
PARCEL650
CITY OF LAGUNA NIGUEL
CROWN VALLEY PAR.KW A Y
RIGHT OF WAY ACQUISITION
That certain parcel of land situated in the City of Laguna Niguel, County of Orange, State of California, over Lot "A" of Tract No. 5973, dedicated to Orange County Flood Control District, shown on a map thereof filed in Book 219, Pages 35 through 3 7 of Miscellaneous Maps and accepted per Resolution of the Board of Supervisors of the Orange County Flood Control District of Orange County, California recorded December 24, 1968 in Book 8827, Page 433 of Official Records in the Office of the County Recorder of said County, described as follows:
COMMENCING at the intersection of the centerline of Crown Valley Parkway with the centerline of Forbes Road as shown on Parcel Map No. 2014-133 filed in Book 387, Pages 14 through 19 of Parcel Maps in the Office of the County Recorder of said County; thence along said centerline of Forbes Road North 36°57'23" West
84.01 feet; thence leaving said centerline South 53°02'37" West 40.00 feet to an angle point on the easterly line of said Lot "A" and the TRUE POINT OF BEGINNING; thence along the easterly, southeasterly, and southwesterly lines of said Lot "A" the following five courses;
1) South 02°25'10" West 41.41 feet;
2) South 53°02'3 l" West 14.19 feet to a curve concave northwesterly having a radius of 1448.00 feet, a radial line to said curve bears South 36°57'29" East; 3) southwesterly 33.22 feet along said curve through a central angle of0l 0 18'52";
4) North 35°38'37" West 2.82 feet to a curve concave northeasterly having a radius of760.00 feet, a radial line to said curve bears South 54°21'23" West; Pagel of2
DocuSign Envelope ID: AE8215DF-8AD9-4004-9O4B-247O666A77AE
ATTACHMENT A
5) northwesterly 19.88 feet along said curve through a central angle of 01 °29'55"; thence leaving said southwesterly line and non-tangent to said curve North 53° 17' 12" East 49.59 feet to a curve concave northwesterly having a radius of
4.50 feet, a radial line to said curve bears South 36°42'48" East; thence northeasterly
5.10 feet along said curve through a central angle of 64°53'36" to a reverse curve concave easterly having a radius of 35.00 feet; thence northerly 26.90 feet along said curve through a central angle of 44°02'30" to the northeasterly line of said Lot "A" and a non-tangent curve concave northeasterly having a radius of 690.00 feet, a radial line to said curve bears South 53°58'23" West; thence southeasterly 11.19 feet along said curve and the northeasterly line of said Lot "A" through a central angle of 00°55'46" feet to the TRUE POINT OF BEGINNING.
CONTATNTNG 0.035 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
SEE EXHIBIT "B" attached and by this reference made a part hereof Prepared under the direction of:
Date
DocuSign Envelope ID: AE8215DF-8AD9-4004-9D48-247D666A77AE \
20'
ATTACHMENT A
EXHIBIT "8" CURVE TABLE
C1 - ll=01 °18'52"
R=1448.00'
L=33.22'
C2 -ll=01 °29'55"
R=760.00'
L=19.88'
C3 - ll=64"53'36"
R=4.50'
L=5.10'
C4 -ll=44"02'30"
R=35.00'
\ L=26.90'
1,, C5 - ll=00°55' 46"
(L03-601) s~_ R=690.00'
~u'~ L=11.19'
10' O'
TPOB
\ o>x"
\
~cii
,":)1/'o()' /
•()'1,
~":)
'? /
\
/ LINE TABLE
/ L1 - S53"02'31"W
\ '{o. v... L2 - S35"38'37"E
/ ~GENO
\ \ / / □ L03-650
/ POC POINT OF COMMENCEMENT
TPOB TRUE POINT OF BEGINNING
14.19'
2.82'
CITY OF LAGUNA NIGUEL,
COUNTY OF ORANGE,
STATE OF CALIFORNIA
SHEET 1 OF 1
SCALE: 1• = 20'
1----------- DRAFTED: RS
20' 40' PSOMAS CHECKED: JE
SCALE, 1 '=20'
5 Hutton Centre Drive, Suite 300
Santa Ana, Ca 92707
(714) 751-7373 www.psomas.com
DATE: 10/24/2023
JOB NO.: 2LAG050405