HomeMy WebLinkAbout2013-06-06 - Planning-Engineering-Operations Committee Meeting Agenda PacketYorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
PLANNING - ENGINEERING - OPERATIONS COMMITTEE MEETING
Thursday, June 6, 2013, 3:00 PM
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
2. ROLL CALL
COMMITTEE STAFF
Director Robert R. Kiley, Chair Steve Conklin, Acting General Manager
Director Phil Hawkins John DeCriscio, Operations Manager
3. PUBLIC COMMENTS
Any individual wishing to address the committee is requested to identify themselves and state the matter on
which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for
their comment when the item is considered. No action will be taken on matters not listed on this agenda.
Comments are limited to matters of public interest and matters within the jurisdiction of the Water District.
Comments are limited to five minutes.
4. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and committee discussions are needed prior to
formal committee action.
4.1. Agreement with Yorba Linda Country Club
Recommendation. That the Committee recommend the Board of Directors
authorize approval and execution of the "Agreement for Construction of
Improvements and Granting of Easements, " between Yorba Linda Country Club
and Yorba Linda Water District.
4.2. Declaration of Restrictive Covenants with Stanley and Faye Schneider
Recommendation. That the Committee recommend the Board of Directors
authorize the President and Secretary to execute the Declaration of Restrictive
Covenants with Stanley and Faye Schneider.
5. DISCUSSION ITEMS
This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar
items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda
may also include items for information only.
5.1. Status of Northeast Area Developments (Verbal Report)
5.2. Monthly Groundwater Production and Purchased Import Water Report
5.3. Monthly Production Summary Report
5.4. Monthly Preventative Maintenance Report
5.5. Groundwater Producers Meeting Report
5.6. Status of Capital Projects in Progress
5.7. Status of Strategic Plan Initiatives
5.8. Future Agenda Items and Staff Tasks
6. ADJOURNMENT
6.1. The next Planning- Engineering- Operations Committee meeting is scheduled to be held
Monday, July 8, 2013 at 4:00 p.m.
Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items
and are distributed to a majority of the Committee less than seventy -two (72) hours prior to the meeting will be available
for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA
92870, during regular business hours. When practical, these public records will also be made available on the District's
internet website accessible at http: / /www.ylwd.com /.
Accommodations for the Disabled
Any person may make a request for a disability - related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
AGENDA REPORT
Meeting Date: June 6, 2013
To: Planning- Engineering-
Operations Committee
From: Steve Conklin, Acting General
Manager
Presented By: Steve Conklin, Acting General
Manager
Prepared By: Anthony Manzano, Senior
Project Manager
Budgeted:
Total Budget:
Cost Estimate:
Funding Source:
Account No:
Job No:
Dept:
Reviewed by Legal:
CEQA Compliance:
Subject: Agreement with Yorba Linda Country Club
SUMMARY:
ITEM NO. 4.1
Yes
$1,360,000
$0
Water Capital
Reserves
101 -2700
J2011 -20
Engineering
Yes
N/A
An Agreement was negotiated with the Yorba Linda Country Club (YLCC) for YLWD to construct
approximately 150 -feet of 8 -inch diameter waterline through the YLCC, in exchange for YLWD
installing Erosion Control Improvements (Improvements) near the Imperial Highway golf cart tunnel.
Because the price of the Improvements is essentially equal to the value of the pipeline easement,
staff requests that the Commitee recommend that the Board of Directors approve moving forward
with the execution of this Agreement.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors authorize approval and execution of the
"Agreement for Construction of Improvements and Granting of Easements," between Yorba Linda
Country Club and Yorba Linda Water District.
DISCUSSION:
As part of the 2012 Waterline Replacement Project, YLWD and YLCC staff negotiated a no -cost
Agreement. The Agreement called for the YLWD to install approximately 150 -feet of 8 -inch diameter
waterline through the YLCC's golf course, in exchange for YLWD installing Erosion Control
Improvements, as depicted on Exhibit A of the attachment. The cost of the Improvements is
essentailly equal to the value of the Easement being provided by YLCC. Proposed terms and
conditions for the Agreement were negotiated between District and YLCC staff, and were modified
by legal counsel of the two entities.
A copy of the proposed Agreement is attached for review. Key items in the agreement are
summarized as follows:
• YLWD will construct Improvements at its expense.
• In exchange for YLWD constructing the Improvements, YLCC grants no -cost easement rights
to YLWD.
• The District will periodically access the easement during construction and later for
maintenance of the pipeline as necessary, which will otherwise be available to YLCC and
others when not in use by YLWD.
• YLWD will access the easement from Pepper Tree Lane and Roland Bigonger Park.
STRATEGIC PLAN:
SR 3 -A: Complete Implementation of Five Year Capital Improvement Plan from FY 2011 -2015 with
adopted amendments
PRIOR RELEVANT BOARD ACTION(S):
The Board authorized the President and Secretary to execute a construction agreement in the
amount of $1,359,300.11 for the 2012 Waterline Replacement Project, Phase II with TBU Inc., or
November 21, 2012. The Board has approved two progress payments to date for this project, the
last of which was approved on April 25, 2013.
ATTACHMENTS:
Name:
Grant of Easement.pdf
Description:
Agreement
Type:
Backup Material
AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS
AND GRANTING OF EASEMENTS
This Agreement ( "Agreement ") is entered into on , 2013 by an between Sanyo
Foods Corporation of America, a California corporation ( "Grantor ") and Yorba Linda Water
District, a public agency of the State of California ( "Grantee ").
RECITALS
A. WHEREAS, Grantor is the owner of a certain strip of land located in the County of
Orange, California, which is part of a private country club commonly known as Yorba
Linda Country Club ( "Golf Course ") managed by American Golf Corporation ( "AGC ").
B. WHEREAS, Grantee desires to acquire certain easement rights in Grantor's real
property.
C. WHEREAS, Grantee is willing to perform certain improvements on City of Yorba Linda
real property in exchange for Grantor's granting of an easement to Grantee according to
the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms
and conditions herein, Grantor and Grantee agree as follows:
AGREEMENT
1. Grant of Easement. In exchange for the performance of the erosion control improvements set
forth in Section 2 below on City of Yorba Linda real property depicted in Exhibit A attached
hereto, Grantor grants to Grantee the permanent and temporary construction easements
( "Easements ") set forth in Exhibits B and C (respectively) attached hereto.
2. Erosion Control Improvements. In exchange for Grantor's granting of the Easements to
Grantee, at Grantee's sole cost and expense Grantee agrees to perform the following erosion
control improvements ( "Improvements ") within days of the date of this Agreement:
a) Two (2), 5 -feet wide by 30 -feet long, 2 -feet thick sections of 375 -1b. class rip -rap per
Grantee's contract documents J201120. To be installed south of Grantor's Imperial Highway
golf cart tunnel.
b) One (1), 10 -feet wide by 15 -feet long, 1 -foot thick section of 375 -1b. rip -rap per
Grantee's contract documents J201120. To be installed north of Grantor's Imperial Highway
golf cart tunnel.
3. Execution of Easement. Upon execution of this Agreement, Grantor shall deliver fully
executed original Easements (in the forms attached hereto as Exhibits B and C) to Grantee.
d. Successors and Assigns. This Agreement shall be minding upon and inure to the benefit of
successors, heirs, and assigns of Grantor and Grantee.
5. Addendum. This Agreement includes the attached "Addendum to Agreement for
Construction of Improvements and Granting of Easement" which is attached hereto and
incorporated herein by this reference.
GRANTOR; GRANTEE
SANYO FOODS CORPORATION OF AMERICA YORBA LINDA WATER DISTRICT
Signature
Name
Title
Signature
Name
Title
Addendum to Agreement ement for Construction of Improvements and Granting of Easement
1. Condition of the Easements. Grantee shall, at its own expense, perform its work, if
any, for Grantee's intended purpose. Grantee has inspected the Easements and acknowledges
that the Easements are being granted with the Easements in "AS 1S" condition and with all
faults. Grantee waives the right to snake any claim against Grantor for any matter directly or
indirectly arising out of the condition of the Easements, appurtenances thereto, the improvements
thereon and the equipment thereof. GRANTOR MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE OR HABITABILITY. The Easements are also
being granted subject to all matters of record.
2. No Liens. Grantee shall at all times keep and maintain Grantor's property free
and clear of any and all liens, claims, demands, obligations, liabilities and causes of action arising
out of or in any manner relating to any work, including maintenance and repair work., preformed on
the Improvements or with respect to the Easements for or on behalf of Grantee. If any demand,
claim, lien or cause of action is filed, asserted or made on, against or with respect to the property as
a result of any such work or use and Grantor gives Grantee written notice thereof, Grantee shall
cause such lien, demand claim or cause of action to be dismissed, released, and discharged
therefrom within a reasonable time after such notice.
3. Insurance. Grantee, at its sole expense, shall procure and maintain a
comprehensive general liability insurance policy against claims for bodily injury, death or property
damage, occurring as a result of the exercise of the Easement rights or the work of the
Improvements, which policy shall name Grantor and AGC as additional insured. Such insurance
shall be in the amount of at least Two Million Dollars ($2,000,000.00) combined single limit, which
amount shall be increased from time to time as reasonably required by Grantor. Such policy shall
provide "occurrence" coverage, rather than "claims- made" coverage. The insurance policy required
hereunder shall be issued by an insurance company authorized to do business in California and
reasonably acceptable to Grantor.
4. Indemnification. Grantee agrees to indemnify, defend and hold harmless
Grantor and AGC, and their respective owners, officers, directors, employees and agents for, from
and against each and every loss, cyst, damage and expense, including reasonable attorneys' fees,
(collectively, "Claims') arising out of or in connection with (i) the design, construction, installation,
use, operation, maintenance, repair, relocation, replacement or removal of the pipeline and/or the
use of the Easements by Grantee, its guests, invitees, successors or assigns, or (ii) the construction
or installation of the Improvements, except for Claims resulting from the negligence, recklessness or
willful misconduct of Grantor or AGC, or their respective owners, officers, directors, employees
and agents.
S. Grantee further agrees as follows with respect to the construction and installation
of the Improvements and pipeline and the use of the Easements area;
(a) the Improvements shall not interfere with or damage, obstruct, or disturb the
use, operation, maintenance or repair of the Golf Course and its improvements or create
any conditions that increase the risk of flooding of the Golf Course;
99999 -] 873/LEGAL.25723613. ]
(b) the design, engineering, construction and installation of the Improvements and
pipeline and the use of the Easements shall be performed in coordination with the Grantor
with the intent to minimize any disruption of or interference with the operation of the
Golf Course;
(c) the design, engineering, construction and installation of the Improvements and
pipeline shall comply with all applicable laws, building codes, permits and regulations;
(d) the design, engineering, construction and installation of the Improvements
shall not create or result in any unsafe conditions at the Golf Course or increase the risk
of flooding of the Golf Course;
(e) the design, engineering, construction and installation of the pipeline shall not
create or result in any unsafe conditions at the Golf Course and shall be installed and
located below -grade and shall not be installed or located on the surface area or otherwise
interfere with or damage, obstruct or disturb the use, operation, maintenance or repair of
the Golf Course and its improvements;
(0 the use, operation or maintenance of the pipeline shall not disturb any Golf
Course improvements located on the surface area nor any Golf Course improvements
located below the surface area (e.g., irrigation, drainage or other below -grade
improvements that are integral to the operation of Golf Course);
(g) Grantee may not remove, relocate or disturb any landscaping, trees, bushes,
shrubs, flowers, turf or other landscaping located on the surface area and /or the
Easements area without the prior written consent of Grantor; and
(h) any damage or destruction to the Golf Course caused by or related to the
construction, installation, operation, maintenance, repair or relocation of the
Improvements and pipeline and the use of the Easements shall be fully repaired, restored
and replaced by Grantee at its sole cost and expense and in a manner so that the Golf
Course improvements are restored to their condition prior to such damage or destruction;
in the event of an emergency or dangerous condition, Grantee shall perform such repair
work immediately; in the event of a non - emergency, such work shall be performed in a
reasonable period of time so as to minimize any disruption of the operation of the Golf
Course; if Grantee fails to repair, restore or replace such damage as required herein,
Grantor may perform such work and Grantee shall reimburse Grantor for Grantor's costs
and expenses in performing such work on Grantee's behalf.
6. Entire Agreement. This Agreement represents the entire agreement of Grantor
and Grantee with respect to the subject matter hereof, and the terms hereof shall not be amended
or changed by any oral representation or agreement. To be effective, any amendments to the
Agreement shall be in writing and shall be executed by both parties hereto.
-2-
99999 -1 873. LEGAL25723613.1
Exhibit "A„
Erosion Control improvements
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Exhibit "B"
Deed for Pipeline Easement
RECORDING REQUESTED BY:
Yorba Linda Water District
WHEN RECORDED, MAIL TO:
YORBA LINDA WATER DISTRICT
Attention: Steve Conklin
P.O. Box 309
Yorba Linda, California 92885 -0309
Free government recording pursuant to government
code Sec. 6103 and 27383 and exempt from tax
pursuant to Revenue and Tax Code Sec. 11922
THIS SPACE FOR RECORDER'S USE ONLY
DEED OF EASEMENT
Job No. 201120
Sanyo Foods Co oration of America a California Co oration
( "Grantor ") of the hereinafter described strip(s) of land in Orange County, California, for good
and valuable consideration, receipt of which is hereby acknowledged, do hereby grant to Yorba
Linda Water District, a public corporation, and its successors ( "Grantee ") exclusive perpetual
easements in, on, over, under, across and through said strip(s) of land to install, construct,
reconstruct, remove and construct underground parallel lines, inspect, maintain, repair, replace,
improve, relocate and remove an underground pipeline or pipelines with incidental
appurtenances and connections in, on and under said strip(s) of land and to use said pipeline or
pipelines, appurtenances and connections for distribution and use of water for irrigation and
domestic purposes, and for the collection and transmission of waste water, storm water and/or
sewage, together with reasonable rights of entry to said strip(s) of land for the exercise of the
rights herein granted.
Grantors for themselves and their successors in ownership of said strip(s) of land hereby
acknowledge that use of any part or all of said strip(s), or the adjoining lands for fences,
structures, trees and other things now and hereafter on any part of said strip(s) constituting an
interference with the exercise of any of the easements and rights granted by this deed exist and
will continue to exist by permission of the Grantee, and not adversely to any of said easements
and each successor in interest of the granters by acceptance of a conveyance of said strip(s) of
land, admits and agrees that any such use is a continuing permissive use.
Grantee acknowledges and agrees that the use of the easements granted hereunder is subject to
that certain Agreement for Construction of Improvements and Granting of Easements by and
between Grantor and Grantee dated as of , 2013, the terms and conditions of
which are incorporated herein by this reference.
DEED FOR PIPELINE EASEMENT Page 1
Said strip(s) of land is (are) described as follows:
The real property described in Exhibit "1" and shown on Exhibit "2" attached hereto, and by
this reference made a part hereof.
WITNESS (my) (our) hand(s) the date following our signatures below: (If a corporation, the
corporate seal shall be affixed near the signatures of the duly authorized officers) (ALL
SIGNATURES SHALL BE NOTARIZED).
Sanyo Foods Co oration of America
Owner
By:
Name:
Title:
By:
Name:
Title:
DEED FOR PIPELINE EASEMENT Page 2
Date
Date
Acknowledgment
State of California, County of Orange
On [date], before me, [name and title of officer
taking acknowledgement], personally appeared [names of
persons signing instrument], who proved to me on the basis of satisfactory evidence to be the
persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument, the
entity on behalf of which the persons 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 hand and official seal.
Signature
DEED FOR PIPELINE EASEMENT Page 3
[seal]
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Deed of Easement dated
, 2013, from Sanyo Foods Corporation of America to Yorba Linda Water
District (Grantee), a public agency, is hereby accepted by order of the Grantee's Board of
Directors on September 25, 1961 and the Grantee consents to recordation thereof by its duly
authorized officer.
Approved as to Form:
Kidman Law, LLP
Arthur G. Kidman
General Counsel
Date
YORBA LINDA WATER DISTRICT
Steve Conklin, P-E.
Acting General Manager
Date
DEED FOR PIPELINE EASEMENT Page 4
EXHIBIT "I»
LEGAL DESCRIPTION
PA CEL N 2
THAT PORTION OF 2 "13 CLASS LAND ALLOTTED TO M. YORBA LINDA IN DECREE
OF PARTITION OF THE RANCHO CANON DE SANTA ANA. RENDERED FEBRUARY 3
1874, IN CASE NO 1978, OF THE DISTRICT COURT OF THE 17Tm JUDICIAL DISTRICT
OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED IN
BOOK 28, PAGES 158 OF DEEDS, IN' THE COUNTY RECORDER'S OFFICE OF SAID
LOS ANGELES COUNTY, 'WHICH IS ALSO SHOWN ON A MAP RECORDED IN BOOK
38, PAGE 6 OF RECORDS OF SURVEY, IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, OF THE SAID 15 FOOT STRIP LAND LIES 7.50 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE SOUTHEASTERLY CORNER OF SAID LOT 23 OF
TRACT NO. 8707 AS RECORDED IN BOOK 355, PAGES 33 -36 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE WESTERLY LINE OF SAID LOT NORTH 3721'19" EAST 60.00
FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 8I 005'27" EAST A DISTANCE OF 144.32 FEET;
THENCE NORTH 35 040'38" EAST A DISTANCE OF 8.00 FEET TO THE END OF SAID
EASEMENT.
THE NORTHERLY TERMINUS OF SAID EASEMENT IS TO BE PROLONGED OR
SHORTENED SO AS TO TERMINATE ON .A LINE BEARING NORTH 41 054'28" WEST.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2,292 SQUARE FEET OR
0.0526 ACRES, MORE OR LESS,
AS SHOWN ON EXHIBIT "2" ATTACHED HERETO AND MADE A PART HEREOF.
DEED FOR PIPELINE EASEMENT Exhibit "1"
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Exhibit "C"
Temporary Construction Easement
TEMPORARY CONSTRUCTION EASEMENT
Sanyo Foods Corporation of America (Grantor) hereby grants to the Yorba Linda Water
District (Grantee), its successors and assigns, for good and valuable consideration, receipt of
which is hereby acknowledged, a temporary easement for construction purposes in, on, over,
under, across and through certain land, as described on Exhibit I and depicted on Exhibit 2
hereto (Easement Property), to construct one or more underground and water pipelines, and all
facilities and appurtenances associated with these projects (collectively, Projects).
The easement granted hereby is a temporary right to enter upon the Easement Property for
the moving and storage of construction equipment and vehicles; for the storage of pipe, equipment,
and materials necessary for constructing the Projects, including equipment used in the digging of
trenches and other earthwork required for the Projects; for the temporary storage of soil or
excavated material during the period of construction of the Projects; and for any other operations
necessary and pertinent to the demolition, construction or cleanup of the Projects on the Easement
Property, together with reasonable access rights to the Easement Property for exercise of the
rights herein granted.
Grantee acknowledges and agrees that the use of the easement granted hereunder is
subject to that certain Agreement for Construction of Improvements and Granting of Easements
by and between Grantor and Grantee dated as of 2013, the terms and conditions of
which are incorporated herein by this reference.
SAID TEMPORARY EASEMENT SHALL BE EFFECTIVE FOR A PERIOD STARTING WITH THE
DATE OF THE NOTICE OF AWARD TO THE CONSTRUCTION CONTRACTOR RETAINED BY
THE GRANTEE FOR THE CONSTRUCTION OF THE PIPELINE PROJECT REFERENCED HEREIN
AND SHALL EXPIRE UPON THE EARLIER OF THE DATE OF RECORDATION OF THE NOTICE
OF COMPLETION BY THE GRANTEE FOR THE CONSTRUCTION OF THE WATER PIPELINES,
AND ALL FACILITIES AND APPURTENANCES REFERENCED HEREIN, OR THE DATE THAT IS
ONE YEAR FROM THE DATE HEREOF, AND FURTHER, BY EXPIRATION OF THIS PERIOD,
THE TEMPORARY EASEMENT ESTABLISHED HEREBY SHALL TERMINATE BY ITS OWN
TERMS AND WITHOUT FURTHER NOTICE, RECORDED OR OTHERWISE.
Executed on , at Yorba Linda, California
Sanyo Foods Corporation of America
By:
Name:
Title:
Attachment: Exhibit I (Legal Description: Temporary Construction Easement)
Exhibit 2 (Depiction of Temporary Construction Easement)
TEMPORARY CONSTRUCTION EASEMENT j Page I
Acknowledgment
State of California, County of Orange
On [date], before me, [name and title of
officer taking acknowledgement], personally appeared [names
of persons signing instrument], who proved to me on the basis of satisfactory evidence to be the
persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument,
the entity on behalf of which the persons 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 hand and official seal.
Signature
TEMPORARY CONSTRUCTION EASEMENT I Page 2
[seal]
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Deed of Easement
dated 2013, from Sanyo Foods Corporation of America to Yorba Linda Water District
(Grantee), a public agency, is hereby accepted by order of the Grantee's Board of Directors on
Se teinber 25 1961 and the Grantee consents to recordation thereof by its duly authorized
officer.
Approved as to Form:
Kidman Law, LLP
Arthur G. Kidman
General Counsel
Date:
YORBA LINDA WATER DISTRICT
Steve Conklin, P.E.
Acting General Manager
Date:
TEMPORARY CONSTRUCTION EASEMENT I Page 3
EXHIBIT "1"
LEGAL DESCRIPTION
THAT PORTION OF 2ND CLASS LAND ALLOTTED TO M. YORBA IN DECREE OF
PARTITION OF THE RANCHO CANON DE SANTA ANA, RENDERED FEBRUARY 3,
1874, IN CASE NO 1978, OF THE DISTRICT COURT OF THE 17" JUDICIAL DISTRICT
OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RECORDED IN
BOOK 28, PAGE I58 OF DEEDS, IN THE COUNTY RECORDER'S OFFICE OF LOS
ANGELES COUNTY, WHICH IS ALSO SHOWN ON A MAP RECORDED IN BOOK 38,
PAGE 6 OF RECORDS OF SURVEY, IN THE COUNTY RECORDER'S OFFICE OF THE
COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS:
PARCEL NO I
BEGINNING AT A POINT OF BEGINNING ON THE SOUTHERLY LINE OF THE STATE
HIGHWAY RIGHT OF WAY KNOWN AS RICHARD M. NIXON FREEWAY (FORMERLY
YORBA LINDA FREEWAY), AS SHOWN ON THE MAP RECORDED IN BOOK 5905,
PAGE 531 IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY;
THENCE SOUTH 71041'08" EAST A DISTANCE OF 82.12 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 41054'28"
EAST A DISTANCE OF 48.55 FEET;
THENCE SOUTH 36 013'30"
WEST A DISTANCE OF 13.00 FEET;
THENCE SOUTH 81005'27"
WEST A DISTANCE OF 42.90 FEET;
THENCE NORTH 08 °02'33"
WEST A DISTANCE OF 33.56 FEET;
THENCE NORTH 48 005'32"
EAST A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,797 SQUARE FEET OR
0.0413 ACRES, MORE OR LESS.
AS SHOWN ON EXHIBIT "2" ATTACHED HERETO AND MADE A PART HEREOF.
TEMPORARY CONSTRUCTION EASEMENT j Page 4
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Meeting Date:
To:
From:
Presented By:
Prepared By:
Subject:
SUMMARY:
AGENDA REPORT
June 6, 2013
Planning- Engineering- Operations
Committee
Steve Conklin, Acting General
Manager
Steve Conklin, Acting General
Manager
Ricardo Hipolito Jr., Engineering
Tech II
Budgeted:
Funding Source:
Dept:
Reviewed by Legal:
CEQA Compliance:
ITEM NO. 4.1
N/A
N/A
Engineering
Yes
N/A
Declaration of Restrictive Covenants with Stanley and Faye Schneider
The District has a recorded sewer pipeline easement within lot 5 of Tract No. 9782. The property owners,
Stanley and Faye Schneider, are requesting to replace an existing fiberglass spa with a concrete spa,
inside the easement as shown on the attached exhibit. Staff reviewed the request and recommends
approval subject to the execution of a Declaration of Restrictive Covenants.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors authorize the President and Secretary to execute
the Declaration of Restrictive Covenants with Stanley and Faye Schneider.
DISCUSSION:
Property owners Stanley and Faye Schneider requested permission to replace an existing fiberglass spa
with a concrete spa and install brick work, while retaining existing improvements including a block wall,
fence, planter and concrete within the dedicated sewer easement at 5080 Webb Place (lot 5 of tract 9782).
The improvements run parallel and across the sewer pipeline within the easement, as shown on the
enclosed exhibit.
Staff reviewed the applicants' request and determined the improvements would have minimal impact on
operations and maintenance of the District's facilities. To further protect the District's interest, staff
recommends the execution of the attached Declaration of Restrictive Covenants.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors authorized execution of similar Declarations of Restrictive Covenants with various
developers and property owners.
ATTACHMENTS:
Name. Description: Type:
DoRC - 5080 Webb Place.pdf DoRC - 5080 Webb Place Backup Material
Exhibit - A.pdf Exhibt - A Backup Material
RECORDING REQUESTED BY and when
recorded return to:
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885 -0309
This is to certify that this Declaration of
Restrictive Covenants is presented for recording
under the provisions of Gov. Code Sec. 27383 by
the Yorba Linda Water District in performance
of an official service thereof.
Steve Conklin -
Space Above This Line for Recorder's Use
DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON DISTRICT EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS ( "Declaration ") is made this 13th day
of June, 2013, by and between YORBA LINDA WATER DISTRICT ( "YLWD "), a public agency,
created and operating under the authority of Division 12 of the California Water Code, and STANLEY
SCHNEIDER AND FAYE SCHNEIDER ( "Owner "), with reference to the following recitals of fact:
RECITALS
A. The Owner is the legal owner of that certain real property located at 5080 Webb Place,
Yorba Linda, California 92686 ( "Subject Property "), which is more particularly described as follows:
LOT 5 OF TRACT 9782, IN THE CITY OF YORBA LINDA, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE
SUBDIVISION OF MAP RECORDED JUNE 6, 1980 IN BOOK 474,
PAGES 19 TO 20 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORNAGE COUNTY.
B. YLWD owns an Easement, as identified on the Tract Map No. 9782, recorded on June 6,
1980, in Book 474, Pages 19 through 20, Official Records of Orange County, California ( "Easement "),
across a portion of the Subject Property. Within the Easement, YLWD owns and maintains a 8 -inch
sewer main ( "District Facilities ")
C. The Owner desires to construct a concrete spa with brick coping on top, while retaining
an existing block wall, fence, planter and concrete (collectively herein referred to as "Improvements ")
within and along the Easement area (hereinafter, "Encroachment "), as illustrated in Exhibit "A"
attached hereto and incorporated by reference herewith.
D. YLWD conditionally consents to Encroachment of the Improvements within and along
the Easement area as stipulated in this Declaration. Owner is aware that the Improvements may lead to
problems affecting and /or interfering with YLWD's use of the Easement.
E. Although the construction or existence of walls, structures, and other improvements
within and along the Easement area may interfere or restrict YLWD's Easement rights, the Owner
wishes to construct and use the Improvements within and along the Easement area.
NOW, THEREFORE, incorporating the above recitals, YLWD and Owner declare as follows:
1. Covenant Runnine with Land. This Declaration constitutes a covenant running with the land as
provided by the California Civil Code Section 1468 and shall benefit, burden, and bind the
successive owners of the Subject Property and the Easement.
2. Successors and Assigns Bound. Since Owner wishes to pursue the Encroachment, this
Declaration obligates the current and future owners of the Subject Property to remedy any future
adverse events and to fund any necessary maintenance costs on the Easement and /or Subject
Property that may arise in full or in part due to the existence, construction, or damages caused by
the Encroachment.
3. Damages to District Facilities. Owner assumes full responsibility, liability and shall pay for any
cost(s) or damage(s) to the District Facilities and appurtenant structures, arising from or related to
the construction, existence, and /or use of the Improvements. YLWD shall not be responsible for
any cost(s) or damage(s) to the District Facilities and appurtenant structures that arise from the
Encroachment.
4. Damages to Third Parties. Owner, its successors or assigns, agrees to indemnify and hold
YLWD, its officers, directors, employees, agents and consultants, harmless against any third
ON
parry claims related to or arising out of the construction, existence and /or use of the
Improvements.
5. Dama6es to Improvements. Owner acknowledges that the Improvements may be damaged or
demolished to permit reasonable access to or reasonable work within and under the Easement
area. YLWD, its officers, directors, employees, agents and consultants, shall not be responsible
for any damage(s) to or because of the Improvements which results from YLWD's exercise of
rights under the Easement. Owner, its successors or assigns, waives all known, unknown, and
future claims, liabilities, causes of action, and expenses (including, but not limited to, attorneys'
fees) against YLWD, its officers, directors, employees, agents and consultants, for losses and
damages to the Improvements and from any obligation to protect, preserve, repair, or replace the
Improvements. Construction, use, protection, repair and replacement of the Improvements shall
be entirely the risk and obligation of Owner, its successors or assigns, even if damage is caused
by YLWD.
(INTENTIONALLY BLANK)
3
Recordine of Agreement. This Declaration shall be recorded in the Office of the Recorder of
the County of Orange, California, and shall constitute notice to all successors and assigns of the
title to the Subject Property of the rights and obligations set forth herein.
Approved as to Form:
Kidman Law, LLP
Arthur G. Kidman
General Counsel
YORBA LINDA WATER DISTRICT:
Gary Melton
President
Steve Conklin
Secretary
OWNER:
Stanlev Schneider
Faye Schneider
- - -- PROPERTY LINE
EX. MANHOLE
----- --- - - - - -- $ -- `\
1
EXISTING GRASS
Z ♦
\ EXISTING CMU WALL
♦
EX. FIBER GLASS SPA
TO BE REPLACE WITH
CONCRETE
------ - - - - --
♦ \
BRICK AROUND
SPA
\�(�
EX. C RETE
\
♦ PAV AREA
\ O
\
\ T EMAIN
2
�
\
♦' 0
6 0
\
♦ ` EXISTING
EASEMENT DEDICATED TO
\
YLWD FOR WATERLINE & \
♦ HOUSE
SEWERLINE PURPOSES \
♦ \
EX. MECHANICAL \
\
LOCATION
< -- -- ------ -------- ------ ---- - -----
EX. BRICK WALL
< • ♦ `\
\ \ <
FOR PLANTER TO REMAIN
\\
EX. 6' HIGH
\
WOOD FENCE
\ ♦
55080
EX. WALL
\ ♦ \ WEBB PLACE
\ \� \\
FENCE
LOT 5
;
EX. GATE
EXISTING 8" VCP
SEWER MAIN
\\
5070
WEBB PLACE
/
LOT 4
WEEB PLACE
1
♦
1
1
1
1
LOCATION MAP
PREPARED BY:
YORBA LINDA WATER DISTRICT
1717 E. MIRALOMA AVENUE
PLACENTIA, CALIFORNIA 92870
(714) 701 -3000
EXHIBIT "A"
VICINITY MAP
DECLARATION OF RESTRICTIVE
COVENANTS FOR
5080 WEBB PLACE
NO SCALE
SCALE:
NO SCALE
DATE:
06/06/2013
FILENAME:
AGENDA REPORT
Meeting Date: June 6, 2013
ITEM NO. 5.2
Subject: Monthly Groundwater Production and Purchased Import Water Report
ATTACHMENTS:
Description:
Import 2012 -13 May.pdf Backup Material
Type:
Backup Material
YLWD SOURCE WATER SUMMARY
FY 2012 -13
Red denotes In -Lieu month
Allowable GW (YTD) 9,843.8 (AF)
Underpumped 206.0 (AF)
IN -LIEU
GW
(AF)
ACTUAL
GW
(AF)
ADJUSTED
IMPORT
(AF)
TOTAL
DEMAND
(AF)
MONTHLY
GW
( %)
YTD
GW
( %)
BUDGET
(Demand Est.)
(AF)
DELTA
( %)
MONTH
Jul -12
Aug -12
Sep -12
Oct -12
Nov -12
Dec -12
Jan -13
Feb -13
Mar -13
Apr -13
May -13
Jun -13
-
785.3
1,622.6
2,407.8
32.6%
32.6%
2,354.0
2.3%
-
793.7
1,706.4
2,500.1
31.7%
32.2%
2,316.0
7.9%
-
730.6
1,590.0
2,320.6
31.5%
32.0%
2,032.0
14.2%
-
940.4
1,126.7
2,067.1
45.5%
35.0%
1,714.0
20.6%
-
1,078.3
533.2
1,611.5
66.9%
39.7%
1,354.0
19.0%
-
594.2
264.5
858.8
69.2%
41.8%
1,218.0
- 29.5%
-
896.5
272.1
1,168.6
76.7%
45.0%
1,062.0
10.0%
-
775.7
407.5
1,183.2
65.6%
46.7%
1,016.0
16.5%
-
1,020.8
525.3
1,546.1
66.0%
48.6%
1,204.0
28.4%
-
1,068.3
722.9
1,791.2
59.6%
49.7%
1,506.0
18.9%
-
954.0
1,153.4
2,107.4
45.3%
49.3%
1,992.0
5.8%
2,232.0
FYTD
-
9,637.8
9,924.6
19,562.4
49.3%
17,768.0
10.1%
Red denotes In -Lieu month
Allowable GW (YTD) 9,843.8 (AF)
Underpumped 206.0 (AF)
GROUNDWATER PERCENTAGE
80.0%
MONTHLY GW ( %)
75.0%
tYTD GW ( %)
70.0% -BPP GOAL 50.3
65.0%
60.0%
55.0%
50.0%
45.0%
40.0%
35.0%
30.0%
Jul -12 Aug -12 Sep -12
Oct -12 Nov -12 Dec -12 Jan -13 Feb -13 Mar -13 Apr -13 May -13 Jun -13
Month
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ITEM NO. 5.3
AGENDA REPORT
Meeting Date: June 6, 2013
Subject: Monthly Production Summary Report
ATTACHMENTS:
Description: Type:
Monthly Production Division Status Report May 2013.pdf Monthly Production Summary Report Backup Material
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ITEM NO. 5.4
AGENDA REPORT
Meeting Date: June 6, 2013
Subject: Monthly Preventative Maintenance Report
ATTACHMENTS:
Description: Type:
PM 2012- 13.pdf Backup Material Backup Material
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AGENDA REPORT
Meeting Date: June 6, 2013
ITEM NO. 5.5
Subject: Groundwater Producers Meeting Report
ATTACHMENTS:
Description: Type:
GWP Mtq Notes 15May 2013.docx GWP Meeting Report for May 2013 Backup Material
ImYorba Linda
Water District
MEMORANDUM
DATE: May 15, 2013
TO: Steve Conklin, Acting General Manager
FROM: John DeCriscio, Operations Manager
SUBJECT: Groundwater Producers Meeting, May 15, 2013
Steve Conklin and I attended the Groundwater Producers (GWP) meeting on May 15,
2013 at OCWD. A summary of each item discussed is as follows:
1. Santa Ana River Base Flows: Orange County Water District, (OCWD) shared
the Santa Ana River Watermaster Report. The data in the report showed base
flows in the Santa Ana River down from 116,655 acre feet to 101,056 from water
year 2010 -2011 to 2011 -2012. Water year ends on September 30th. Other data
in the report showed San Bernardino precipitation and outflow from Prado Dam.
Precipitation in San Bernardino was reported in 2010 -11 at 23.5 inches and
2011 -12 at 9.01 inches and outflow from Prado was down from 324,000 acre feet
to 121,123 acre feet.
2. Update on the OCWD District Act change efforts: OCWD ran into resistance
to proposed changes to the District Act to include reimbursement of costs for
investigation of contamination to the groundwater basin. Opposition was
expressed from several fronts, with one of the more vocal entities being Inland
Empire Utilities Agency. The bill for the act change has made it through the
State Senate Committee and is now on the Senate floor.
3. Possible MWD CUP withdrawal in FY 13 -14: OCWD is expecting MWD to
request the Producers who are part of the Conjunctive Use Program (CUP) to
pump their allocation from the groundwater basin in FY 13 -14. YLWD is one of
the Producers who are in this program, so I submitted our operating plan to both
Keith Lyon from MWDOC and John Kennedy from OCWD on May 20.
4. Annexation Update: Comments on the Draft EIR for Annexation EIR were due
no later than May 17t"
At the GWP meeting, the major conversation revolved around the May 9 letter
addressed to OCWD General Manager, Michael Marcus requesting OCWD to
make revisions to the 1986 OCWD Annexation Policy. This letter was signed
and staff of the following agencies: City of Buena Park, East Orange County
Water District, City of Fountain Valley, City of Fullerton, City of Garden Grove,
Golden State Water Company, City of Huntington Beach, Mesa Water District,
and City of Santa Ana.
Irvine Ranch Water District and Yorba Linda Water District voiced their
displeasure for the way this was handled, with separate meetings and not in an
open format with all Groundwater Producers.
ITEM NO. 5.6
AGENDA REPORT
Meeting Date: June 6, 2013
Subject: Status of Capital Projects in Progress
ATTACHMENTS:
Description: Type:
CIP Rept Jun2013.pdf Status Report on Capital Projects in Progress Backup Material
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AGENDA REPORT
Meeting Date: June 6, 2013
ITEM NO. 5.7
Subject: Status of Strategic Plan Initiatives
ATTACHMENTS:
Description: Type:
Strat PI Tracking- May20l3.xlsx Strategic Plan Tracking May 2013 Backup Material
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