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04-1207_OEDEKERK, STEVE_Preconstruction Agreementr 1 CITY OF SAN JUAN CAPISTRANO PRECONSTRUCTION AGREEMENT (OEDEKERK) UNDERGROUND UTILITY DISTRICT No. 99-01 THIS LICENSE AGREEMENT is made this day of 2004, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City" and Steve Oedekerk, hereinafter referred to as "Property Owner" . WHEREAS, by Resolution 99-11-16-3 City established Underground Utility District No. 99-01, and; WHEREAS, Property Owner owns land more particularly known as Lot 17 of Tract 103, which lies within UUD 99-01; and, WHEREAS, in order to construct the work required for UUD 99-01, City has requested Property owner to execute the following documents: 1. An easement document in favor of San Diego Gas and Electric Company shown as Attachment "A" attached hereto and made a part hereof: and, 2. A Construction License Agreement in favor of the City of San Juan Capistrano shown as Attachment "B" attached hereto and made a part hereof: and, WHEREAS, Property Owner has requested certain contract conditions be required for construction NOW, THEREFORE BE IT DETERMINED, Property Owner and City agree as follows: 1. Grant of Easement Property Owner hereby agrees to grant an easement in favor of San Diego Gas and Electric Company shown as Attachment "A" attached hereto upon full execution of this construction agreement. 2. Grant of License Agreement Property Owner hereby agrees to grant a Construction License Agreement in favor of the City of San Juan Capistrano shown as Attachment "B" attached hereto upon full execution of this construction agreement. 3. Hold Harmless City agrees to save and defend Property Owner harmless from any and all claims, judgments, or other liabilities, which may arise out of Performance of City's Rights and Obligations under this agreement. 4. Time of Work Hours of construction work shall be 10:00 pm to 6:00 am. Outside of construction hours the trench work shall be plated so that daytime traffic is not impacted. 5. Resurfacing On completion of trenching work shown as "Utilities Facilities" on Exhibit "A" of Attachment "A" City shall slurry seal the full width of these driveways and re - stripe parking facilities. 6. Location of Surface Facilities City will locate hand hole shown as "3316 HH" on Exhibit "A" of Attachment "A", to the south of Forster Street as close to the westside curb shown on Exhibit "A" of Attachment "A" as possible considering conduit curvature limitations and the location of existing underground utilities . 7. Notification City will invite property owner or his representative to the preconstruction meeting and give two weeks notice prior to the start of construction. 8. Driveway Access Two driveways serve the subject property. City will ensure that both driveways are not closed due to construction at the same time. 9. Term This License Agreement shall continue in full force and effect until the filing of a Notice of Completion for the City construction project "Underground Utility District No. 99-01" or the mutual agreement of the Parties to rescind the agreement. DATED this 1 day of t✓ 2004 at San Juan Capistrano. ATTEST: R. Monahan. Citv Clerk APPROVED AS TO FORM: 44,11-1 John R. Sh w, City Attorney CITY OF SAN JUAN CAPISTRANO: Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 92112 Attn: Records Center - CP 51 D SPACE ABOVE FOR RECORDER'S USE Project No.: 701737-010 Const. No.: 2581130 Transfer Tax None A.P.N.: 124-160-52 SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT O PROPERTIES, INC., a California Corporation, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Grantee", an easement and right of way to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: (1) Underground electric facilities, and appurtenances for the transmission and distribution of electricity, (2) Underground communication facilities, and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes across Grantor's land situated in the County of Orange, State of California described as follows: Lot 17 of Tract No. 103, according to Map thereof filed in Book 11, Pages 29 to 33, inclusive, of Miscellaneous Maps, Records of said Orange County. The easement in the aforesaid property shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every utility facility installed, the approximate location being shown and delineated as "UTILITY FACILITIES"on the Exhibit "A" attached hereto and made a part hereof. In order to provide adequate working area for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, plant any trees and/or shrubs within eight feet of the front of the door or hinged opening of any above ground structures installed within this easement. * At least one driveway access to Grantor's property shall remain open during Grantee construction and maintenance of said "Utility Facilities". Grantor will exercise only such reserved rights in said land as will not interfere with or prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the rights hereby granted. Grantee shall have the right to assign any or all rights granted in this easement in whole or in part to other companies providing utility or communication Kearo1:701737 0 Properties revised.doc 1 • ATTACHMENT "A" ' Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep said easement free from and to prevent any person, including Grantor and successors and assigns, from erecting, placing, or storing on said easement any flammable or other hazards and any structures, objects, or earth fills/cuts or other obstructions, except walls and fences. The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. Dated 10 L,5 O PROPERTIES INC'a CaliNtuia Corporation OEDEKERK, President Prepared by K Carol Checked by: Date 06-29-04 STATE OF -1 ) COUNTY OF IOA4-IJ6- )SS. On p O before men �/—+ - 'A'(name, title of officer), appeared personally known to me roved to me on the basis of satisfactory evidence to be the persot(s)-whose name(sj is4try subscribed to the within instrument and acknowledged to me that he/ehekhey executed the same in his/herkheir authorized capacity(ies), and that by his/4rerftheir signature( -on the instrument the person(R)or the entity upon behalf of which the person(s) acted, executed the instrumerL#-.. WITNESS my h d,dnd official seal. �„�„` CHARLES ERASER to M COMM ... 1463349 n Signature UOPMMCMM t0 M7 Term EW Dec.20, 2007 Kcarol. 7017370 Properties revised.doc 2- o 3313 HANDHOLE 3 3421 TRANS PADS /�DPST)5(' ST 6 WALL 3316 HH CURB OWER-' i i U71LI71ES FACIU71ES S7EV£ OEDEKERK RECORDED 12-8-98 AS DOC 19980844800 TRACT 103 TOWN OF N SAN JUAN CAPISTRANO 164 MM 11-29 TO 33 LOT -17 U UGE Q) -� CURB UBLI77ES FACIL177ES U 3421 TRANS PAD EXISTING �UGE THIS PLAT WAS PREPARED BY ME OR UNDER LAND S� MY DIREC17ON IN CONFORMANCE W17H 7HE A, yelp, LAND SURVEYORS ACT ON SEPTEMBER 26, 2000 NO. 7178 Exp. 12-31-03 # / �i�C�/v� O P 9� o 'O I FOV, S\ SCOTT A. HURST L.S. 71 fDIE MY REGIS7RA7701V EXPIRES 121JI103 P.D.C. FILE: 1700-76.DWG EXHIBIT- 'A' SDG&E JOB: PDC002174-001 SAN DIEGO GAS & ELECTRIC ORIGINATOR, UK TO INSTALL- PROJECT NO. SIS SAN DIEGO, CALIFORNIA 701737-010 SURVEYED BY, PDC/DLL R/W UK, - HISTORIC TOWN CENTER 20A CONY CONST. NO. DRAWN BY- DATE, EL CAMIN❑ REAL PDC/SDM 2581130 DATE. Tans. BROS. DRAWNG NO. Y❑RBA TO F❑RSTER 9-26-2000 OC972-CI SCALE, I NONE SAN JUAN CAPISTRAN❑ NO. SUPPLEMENTS DATE- BY APP -D CONSTRUCTION LICENSE AGREEMENT STEVE OEDEKERK THIS LICENSE AGREEMENT is made this day of 2004, by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal corporation hereinafter referred to as "City" and Steve Oedekerk, hereinafter referred to as "Property Owner". WHEREAS, Property Owner owns property more particularly known as Lot 17 of Tract 103; and, WHEREAS, City owns adjacent property to the north more particularly known as Lot 5, Block 5 San Juan Capistrano, the Historic Town Center Park; and, WHEREAS, City wishes to remove part of the boundary wall, between the two properties in order to provide future sidewalk and street lighting. NOW THEREFORE BE IT RESOLVEQ, between City and Property Owner as follows: 1. Property Owner hereby grants City a License for the purpose of allowing City to perform construction as shown on Exhibit "A" attached hereto and made a part hereof. 2. City agrees to hold Property Owner harmless from any and all claims and liabilities which may arise out of the construction covered by this Agreement. DATED this ATTEST: day of Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John Sha , City Attorney 2004 at San Juan Capistrano. CITY OF SAN JUAN CAPISTRANO MN Mayor ATTACHMENT"B" EXHIBIT `LA" FUTURE SIDEWALK — E786TING CURB AND GUTTER EL CAMINO REAL NOBTN REMOVE EXISTING i FUTURE PILASTER. WALL 7 _ DCWNTOWN AND FOOTINGS STREET LIGHT - - �_ POLE #68 IXG 45TIN a '' ' ' SIDEWALK'__y RECONSTRUCT PILASTER DRNA TWA EWAV --� LOT 1I LOT 5, BLOCK 5 TRACT T03 EW SAN JUAN CAPISTRANO (HISTORIC TOWN CENTER PARK) PILASTER / WALL RELOCATION AND DOWNTOWN STREET LIGHT PLACEMERT DETAIL...