07-0718_SAN JUAN CAPISTRANO HISTORICAL SOCIETY_License AgreementThis Documes electronically recorded by
. Cert Mail D
I.
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Benefits/Requested by:
City of San Juan Capistrano
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
INNES®/11 NO FEE
2007000449300 10:00am 07/18/07
213 33 Al2 8
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
This Space for Recorder's Use Only
Title of Document: LICENSE AGREEMENT —SAN JUAN CAPISTRANO HISTORICAL
SOCIETY (Located 31831 Los Rios, Assessor's Parcel Number 121-160-47)
AGREEMENT IN EXCHANGE
FOR
PUBLIC BENEFIT
THIS PAGE IS THE COVER PAGE FOR ALL CITY RECORDED DOCUMENTS
a
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF SAN JUAN
CAPISTRANO
32400 Paseo Adelanto,
San Juan Capistrano, CA
92675
S
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
CilbmurnentVenr greernent REV. 21/2007
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;Dacumemslenc greemem REV. 2!12007
a
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notice; or shall be immediately terminated if Owner fails to adhere to any conditions of this
Agreement or if the Licensee fails to maintain improvements to the point that the Licensor
believes this placement to be detrimental to the public health, safety and welfare.
9. Capacity. Each party represents that the person(s) executing this Agreement on
behalf of such party have the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IN WITN S W REOF, these rhes hereto have executed this A reement on this
�a day of 20. g
Licensee:
SAN JUAN CAPISTRANO,
HISTORICAL SOCIETY
By:
G
Do ryon, 2nd Vice President
Licensor:
CITY OF S N JUAN CAPISTRANO
By:
am Allevato, Mayor
APPROVED AS TO FORM:
c:/D.w te/enc graemeM REV. W1/2007
State of California )
County of Orange )
s
On ! fjy 1 before me,"�bN4 L, t•; c
(Date) (Name, Titlefof Officer
personally appeared
personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me th he he/they executed the same in his er/their authorized capacity(ies), and that by
his/ erltheir signature(s) on the instrument the person(s), or entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal
Title or Type of Document
Date of Document
Signer(s) other than named above
���_� DANNY L. AYE
COMM. # 1483461 s
Q Notary Public California N
8 My ORANGECOUNTY
Comm. Expires April 28. 2008
(This area for
official notary seal)
No. of Pages
4
CJDocumentVenc greement REV. 2/1n007
RAYMOND R. TOAL, RCE 16889
OLAV S. MEUM, IS 4384
MICHAEL A ROTI, IS 6211
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TOAL ENGINEERING, INC.
CML ENGINEERS, LAND PLANNERS AND LAND SURVEYORS
139 AVENIDA NAVARRO - SAN CLEMENTE, CA 92672
(949) 492-8586 - FAX (949) 498-8625
EXHIBIT "A"
LEGAL DESCRIPTION
MAILING ADDRESS
P.O. BOX 387
SAN CLEMENTE. CA 92674
In the City of San Juan Capistrano, County of Orange, State of California, being that
portion Los Rios Street as shown on Exhibit `B' of Lot Line Adjustment No. 95-PM103/56-02,
Recorded December 6, 1996 as Instrument No. 1996-619927, Official Records of said Orange
County, more particularly described as follows:
Beginning at the most Northeasterly corner of Parcel l of said Lot Line Adjustment;
thence North 81°07'04" East 13.50 feet to a point in the Centerline of said Los Rios Street;
thence along said Centerline South 8052'56" East 285.55 feet; thence South 2°20'38" East 11.17
feet; thence leaving said Centerline South 85°38'22" West 13.51 feet to the most Southeasterly
corner of said Parcel 2; thence along the Easterly boundary of said Parcel 2 North 2°20'38" West
10.87 feet; thence North 8°52'56" West 284.78 feet to the POINT OF BEGINNING.
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EXHIBIT A
JOB SAN JUA ISTRANO HISTORICAL SOCIETY
TOAL ,ENGINEERI INC. SHEET NO I _ OF 1
139 AVENIDA NAV
SAN CLEMENTE, CALIFORNIA 92672 CALCULATED BY AS DATE I - I I -07
(949) 492-8586 CHECKED BY 0M DATE /-//-07
FAX 1Q401 40A—RR9S
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SCALE SCALE. I"=40'
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
EXHIBIT 'B'
/ SCALE: 1"=10'
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FFp NAW BEARING DISTANCE
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LI N 81107•04" E 13.50
L2 S 02120.38" E 11.17
? L3 N 85.38'22" E 13.51
L4 S 02.20'38" E 10.87
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NO. 4384
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Olov S. Meum LS 4384 EXHIBIT B
4on u r 5 11:57:06 2W7
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PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On March 20, 2007, before me, Margaret R. Monahan, City Clerk, personally appeared
Sam Allevato, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his/her/their signature on the instrument the person, or
the entity upon behalf of which the person acted, executed the instrument.
(SEAL)
WITNESS my hand and official seal.
Capacity Claimed by Signer
Municipal Corporate Officer
Mayor
Title
Signer is Representing
City of San Juan Capistrano
Description of Attached
Document
License Agreement — San Juan
Capistrano Historical Society
Date: March 20, 2007