EXHIBIT “A”RESOLUTION NO. 2013 -RESOLUTION OF THE BOARD OF DIRECTORS OFORANGE COUNTY WATER DISTRICTAPPROVING EXECUTION OF A NOTICE OF RELEASERELATING TO SEC. III, PARAGRAPH G OFQUITCLAIM DEED PER INST. NO. 2005000536288, O.R.GREAT PARK NEIGHBORHOOD – DISTRICT 8WHEREAS, Fivepoint Communities acquired title as Heritage Fields LLC of a portion ofthe MCAS El Toro base per quitclaim deed recorded July 12, 2005 as Instrument No.2005000536288 of Official Records of Orange County, California; andWHEREAS, Irvine Ranch Water District (“IRWD”) and Orange County Water District(“OCWD”) are performing groundwater remediation within MCAS El Toro as part of the IrvineDesalter Project (“IDP”); andWHEREAS, Section III, Paragraph G of said quitclaim deed “Covenant for Access andSampling Rights Related to Groundwater Remediation,” allows OCWD and IRWD the right toenter the property to take soil samples with the purpose of confirming that none of the currentoperations of the property owner resulted the release of hazardous substances that couldimpact the treatment system associated with the IDP; andWHEREAS, Fivepoint Communities is developing the first phase of residentialdevelopment in the area known as District 8 and has requested OCWD and IRWD release thisarea from said covenant per Section III, Paragraph 8; andWHEREAS, staff has reviewed Fivepoint Communities’ request and determined thatthere are no current or anticipated future OCWD soil investigations in the area known as District8; andWHEREAS, the proposed Notice of Release has been presented to this Board ofDirectors, a copy of which is attached hereto as Exhibit “B”.NOW, THEREFORE, BE IT RESOLVED, the Notice of Release attached hereto asExhibit “B”, herein described and hereby is approved and execution by the District’s officers isauthorized.ADOPTED, SIGNED and APPROVED this ____ day of ________ 2013.
RECORDED AT THE REQUEST OF,AND WHEN RECORDED MAIL TO:Heritage Fields El Toro, LLCc/o Fivepoint Communities Management, Inc.25 EnterpriseAliso Viejo, CA 92656-2708WITH CONFORMED COPIES TO:Janice Durant, District SecretaryOrange County Water District18700 Ward StreetP.O. Box 8300Fountain Valley, CA 92728-8300Leslie Bonkowski, District SecretaryIrvine Ranch Water District15600 Sand Canyon AvenueP.O. Box 57000Irvine, CA 92619-7000ASSESSOR’S PARCEL NO.:580-083-03, 04(Space Above This Line For Recorder’s Use)Documentary Transfer Tax: $ 0 No Consideration[Exempt from Documentary Transfer Tax perRev. &Taxation Code Sec. 11911(a)]_______________________________________Signature of Declarant or Agent determining tax____________________________________________________________________________________NOTICE OF RELEASEORANGE COUNTY WATER DISTRICT, a district created by special act of the CaliforniaLegislature (Ch. 924, Stats 1933), and IRVINE RANCH WATER DISTRICT, a CaliforniaWater District organized under and existing pursuant to Section 34000 et seq. of the CaliforniaWater Code, DO HEREBY RELEASE the rights acquired by them pursuant to Section III,Paragraph G, entitled “Covenant for Access and Sampling Rights Related to GroundwaterRemediation,” of that certain QUITCLAIM DEED AND ENVIRONMENTAL RESTRICTIONPURSUANT TO CIVIL CODE SECTION 1471, recorded in the Official Records of OrangeCounty on July 12, 2005, as Instrument No. 2005000536288 (the “Quitclaim Deed”), withrespect to that certain real property, located in the County of Orange, State of California,described in Exhibit “A” and depicted on Exhibit “B,” attached hereto and incorporated hereinby this reference (the “Released Area”), constituting a portion of the real property described inthe Quitclaim Deed.EXCEPTING THEREFROM, the rights so acquired by them over those portions of the ReleasedArea described as follows: ___________No exceptions____________________________.Notice of Release - HF District 8.docx
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AGENDAPROPERTY MANAGEMENT COMMITTEE
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