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 #
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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...