07-0320_SAN JUAN CAPISTRANO HISTORICAL SOCIETY_D5_Agenda Report11
AGENDA REPORT
TO: Dave Adams, City Manager 9A
• 3/20/2007
FROM: Nasser Abbaszadeh, Engineering and Building Director
D5
SUBJECT: Consideration of a License Agreement between the San Juan Capistrano
Historical Society and the City for encroachment into Los Rios Street
(APN 121-160-47)
RECOMMENDATION:
1. By motion, approve the License Agreement between the San Juan Capistrano
Historical Society and the City for encroachment into Los Rios Street for the
property located at 31831 Los Rios Street.
2. Authorize the City Clerk to forward the License Agreement to the Orange County
Recorder.
SITUATION:
A. Summary and Recommendation:
As a Condition of Approval for Planning Commission Resolution No. 05-9-27-3, the
San Juan Capistrano Historical Society was required to clarify and resolve their
encroachment issues with the City. Since that time the Historical Society has
worked with Staff to come up with an agreeable solution to the existing
encroachments into Los Rios Street, and it was determined that a License
Agreement would be the most effective means of acknowledging the existing
encroachments on the Historical Society's properties.
B. Background:
The Los Rios neighborhood is one of the oldest in California. The majority of
buildings there existed prior to the incorporation of the City in 1961. In April of 1957
Record of Survey Map No. 37-1 was completed by the County of Orange to
determine right-of-way lines on Los Rios Street, from Del Obispo Street to south of
Verdugo Street. The majority of the structures were determined to be encroaching
Agenda Report •
Page 2 March 20, 2007
into the right-of-way, between the structures and the edge of the roadway, leaving, in
many cases, less than three feet to accommodate pedestrian travel.
In 2003 William Lyon Homes agreed to move the Arley Leck House to the Los Rios
Historical District which prompted the San Juan Capistrano Historical Society to
clarify the existing encroachments of their existing properties. These
encroachments include a corner of the Oyharzbal House, a portion of the Silvas
Adobe porch at 31861 Los Rios Street, the Historical Society's sign, a mail box,
orange trees, a wooded side yard fence adjacent to River Street and a hedge that
runs parallel to Los Rios Street along the O'Neill Museum.
In order to meet the requirements set forth in the Conditions of Approval for Planning
Commission Resolution No. 05-9-27-3 for the relocation of the Arley Leck House,
which states that the applicant shall resolve any easement issues associated with
the subject project, the Historical Society has worked with staff to determine the
limits of the easement and clarify the encroachment issues. It was determined that,
consistent with similar existing encroachments with the Historical District, a license
agreement be done to satisfy the project's condition of approval.
The license agreement shall allow the encroachments mentioned to remain as they
exist and allow the applicant to complete their development. The structural
encroachments for the Oyharzbal House are approximately 5.6'to 7.1' (width) by 30'
(length) encroachment and for the Silvas Adobe, a 0.5' to 4.9' by 35' length, as
depicted within exhibit B of the Legal Description. The agreement places sole cost,
risk and responsibilities to the Historical Society and outlines, in section 2, the City's
right, if necessary, to cause relocation or removal of any of the encroachments.
FINANCIAL CONSIDERATIONS:
None
NOTIFICATION:
* Tom Ostensen, Vice President, San Juan Capistrano Historical Society
* Agenda Report Included
Agenda Report • •
Page 3 March 20, 2007
RECOMMENDATION:
1. By motion, approve the License Agreement between the San Juan Capistrano
Historical Society and the City for encroachment into Los Rios Street for the
property located at 31831 Los Rios Street.
2. Authorize the City Clerk to forward the License Agreement to the Orange County
Recorder.
Respectfully submitted: Prepared by:
Nasser A/bbaszadeh Brian ge
Engineering and Building Director Engineering Assistant
Attachment(s):
1. License Agreement
11
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF SAN JUAN
CAPISTRANO
32400 Paseo Adelanto,
San Juan Capistrano, CA
92675
r�
LICENSE AGREEMENT
Assessor's Parcel # 121-160-47, County of Orange
This LICENSE AGREEMENT ("Agreement") is entered into between the CITY OF SAN
JUAN CAPISTRANO ("licensor") and San Juan Capistrano Historical Society ("Licensee").
1. Licensee's Real Property. Licensee is the owner of that certain real property
located at 31831 Los Rios within the City of San Juan Capistrano, Orange County, California,
Assessor's Parcel Number 121-160-47.
2. Licensor's Easement. Licensor owns an easement traversing a portion of
Licensee's property, as more particularly shown on the site plan, marked as Exhibit A, and
incorporated herein by reference. Licensor grants to Licensee the right to encroach upon
Licensor's easement described in Exhibits A and B for the limited purpose of allowing certain
portions of two historic buildings, that is porch improvements, and front yard landscaping as
further depicted in Exhibit B. The existing encroachments include a corner of the Oyharzabal
House at 31851 Los Rios Street, a portion of the Silvas Adobe porch at 31861 Los Rios Street,
the Historical Society's sign, a mail box, orange trees, a wooded side yard fence adjacent to
River Street and a hedge that runs parallel to Los Rios Street along the O'Neill Museum.
This Agreement is subject to the following terms and conditions:
(A) The subject easement area shall be maintained in a safe and sanitary
condition to the satisfaction of the City Engineer at the sole cost, risk,
and responsibility of the owner and its successors in interest.
(B) The Licensee shall agree at all times to indemnify and hold the Licensee
free and harmless from any and all claims, demands, losses, damages,
or expenses for personal injury or property damage resulting from any
construction, maintenance, use, repair activity by Licensee arising out of
Licensee's authorized use of the easement pursuant to the terms of this
agreement.
(C) The Licensee must remove or relocate any part of the easement within
ten (10) days or such other time as specified in the notice after receipt of
it from the City Engineer, or the City Engineer may cause such work to
C./Docu"nWenr green nt REV. 2/1/2007
0 •
be done and the reasonable cost thereof shall constitute a lien upon the
property.
(D) Licensee acknowledges that improvements in said portion of easement is
for public and street purposes and as such all rights for ingress and
egress, public service, public utilities, sewer, storm drain, water, all other
agency purposes are reserved by the City. As needed, all facility owners
have the right to lay, construct, reconstruct, remove and replace, renew,
inspect, maintain, repair, improve and relocate their facilities in the road
easement which may require repair to, removal of, and/or relocation of
the private improvements. All costs to repair, remove and/or relocate
said private improvements occasioned by the above shall be borne by
the Licensee.
(E) Licensee shall maintain general liability insurance coverage in the amount
of not less than $500,000 combined single limit at all times during the
life of this License Agreement.
4. Entire Agreement. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes and replaces all other
agreements, oral or written, between the parties with respect to the subject matter.
5. Notices. Any notice which is required or may be given pursuant to this
Agreement shall be sent in writing by United States mail, first class, postage pre -paid,
registered or certified with return receipt requested, or by other comparable commercial means
and addressed as follows:
If to the Licensor/City:
City Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano CA 92675
If to the Licensee:
President
San Juan Capistrano Historical Society
31831 Los Rios Street
San Juan Capistrano CA 92675
6. Waiver. Licensor's consent to or approval of any act or omission by Licensee
shall not constitute a waiver of any other default by Licensee and shall not be deemed a waiver
or render unnecessary Licensor's consent for approval to any subsequent act by Licensee. Any
waiver by Licensor of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of the Agreement or deprive Licensor of its
right to institute and maintain any actions or proceedings which it may deem necessary to
protect, assert or enforce any such rights or remedies.
7. Successors and Assigns. This Agreement shall be binding and inure to the
benefit of the parties hereto and their respective legal representatives, successors, and
assigns. Licensee agrees to incorporate this agreement by reference in any subsequent deeds
to the property, but any failure to do so does not invalidate this provision.
8. Termination. This Agreement shall continue in full force and effect, subject to the
conditions set forth, unless terminated by the Licensor or Licensee upon sixty days written
C:/Docum ntVenc gr"nt REV. 2/12007
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