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1987-0514_BALLREICH, W.W._License AgreementtAtMF' CI RECORDING REQUESTL..i BWHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -4 09 pry MAY 21 '87 COUNTY ��"-"`�•v RECORDER 87-287630 RECORDING E—, S EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 41 ARY ARN HANOVER, City Clerk v San Juan Capistrano, CA 92675 LICENSE AGREEMENT Portion of Lot 34, AP 668-113-01 THIS LICENSE AGREEMENT is made by and between the City of San Juan Capistrano, hereinafter referred to as City, and W. W. Ballreich, hereinafter referred to as Property Owner. Recitals: This License Agreement affects title to and runs with the land with respect to a portion of Lot 34, Assessor's Parcel No. 668-113-01, City of San Juan Capistrano, County or Orange, more particularly described in Exhibit A, attached and incorporated herein by reference. City and Property Owner mutually resolve as follows: 1. Grant of License. City hereby grants to Property Owner a license right to use a portion of existing City right-of-way on the east side of Camino Capistrano, south of Avenida Padre, as shown in Exhibit B, attached and incorporated herein by reference, for the purpose of maintaining a private storm drain connection which will provide drainage from a portion of Lot 34, Assessor's Parcel No. 668-113-01, located within the City of San Juan Capistrano. Private storm drain to be constructed by the City on behalf of the Property Owner within the City right-of-way area shall be placed in accordance with directions of the Public Works Director. 2. Hold Harmless. Property Owner shall hold City harmless from any and all claims or liabilities which may arise during the course of construction of the private storm drain or in the course of maintenance of said private storm drain. 87-287530 3. City Control of Private Storm Drain Location. City reserves the right to, at any time, cause the relocation of the private storm drain in the event the City reconstructs the existing Catch Basin of its own within said right-of-way area. Should such a reconstruction occur, City shall provide for an alternate site location within the right-of-way area so that the Property Owner's drainage remains uninterrupted. Any cost of relocation of the Property Owner's storm drain occasioned by the reconstruction of the Catch Basin shall be a cost borne by the Property Owner. 4. Successors in Interest. The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Property Owner. 5. Term. This License Agreement shall continue in full force and effect unless terminated by mutual agreement of Property Owner and City. DATED this 14th day of May, 1987, at San Juan Capistrano. CITY OF SAN JUAN CAPISTRANO William Murphy, � Director of Public Works State of California ) ) ss. County of Orange ) On this 14th day of May 1987, before me, Chervl A. Jo nson the undersigned Notary Public, personally appeared WILLIAM D. MURPHY, personally known to me to be the person who executed the within instrument as Director of Public Works on behalf of the Corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and seal. OFFICIAL SEAL CHERYL A JOHNSON NOTARY PUBLIC - CALIFORNIA OR0.RGE COUNTY My comm, expires NOV 11, 1989 -2- �/.1✓�urr< State of California ss. County of Orange On this / Sr day of 87-287630 W. W. Ballreic 1987, before me, the undersigned Notary Public, personally appeared W. W. Ballreich, and proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed it. WITNESS my hand and seal. otary's Signatu OFFICIAL SEAL (RANK ROBUSTO NOTARY pUBUC - CAUROHNIA OflANGE COUNTY My Comm Ezpiras Moy A1, 198] -3- 87-287'630 LICENSE DESCRIPTION THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE AND IS DESCRIBED AS FOLLOWS: A PORTION OF LOT 34, ASSESSOR'S PARCEL NO. 668-113-01, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SAN JUAN CAPISTRANO AND VICINITY, FILED IN BOOK 2, PAGES 31 THROUGH 38 INCLUSIVE OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXHIBIT A -4- EXIST. PUBLII CATCH BASIN i PROPOSED PRIVATE - CATCH BASINS AND DRAIN LINE 87-287630 .O.W. LINE A.P.#668-454-01 PROPOSED PRIVATE DRAIN I CONNECTION TO PUBLIC FACILITY ` I nrN PROPE TY ,.... isPROPOSEDWALK Ek Ep�� nnni .. EXISTING BUILDING APRIL, 1987 CITY OF SAN JUAN CAPISTRANO EXHIBIT B" PRIVATE CONNECTION INTO PUBLIC CATCH BASIN