1994-0621_HARRIS, PATRICIA_License AgreementLICENSE AGREEMENT
TEMPORARY PUMPING STATION AND PIPELINES
(SIERRA VISTA EQUESTRIAN CENTER - HARRIS)
THIS LICENSE AGREEMENT AMENDMENT is made this � day of c% nv ,1994, by and
between the CITY OF SAN JUAN CAPISTRANO, a Municipal corporation hereinafter referred
to as "City" and Patricia Harris, an individual, hereinafter referred to as "Equestrian Center
Owner".
WHEREAS, Equestrian Center Owner operates a business more particularly described as
Sierra Vista Equestrian Center on Assessor's Parcel No. 121-070-03; and,
WHEREAS, City owns and operates a sewer facility in a 10 foot wide easement along
and contiguous with the south property line of this property ; and,
WHEREAS, City wishes to use an additional 10 foot width of the existing equestrian
center access road adjacent to and contiguous with the existing easement for ingress and egress to
the existing easement.
NOW THEREFORE IN CONSIDERATION OF THE PREMISES, and the promises
which follow, Equestrian Center Owner and City agree as follows:
Grant of License. Equestrian Center Owner hereby grants to the City a temporary
license for:
Ingress and egress from Avenida de la Vista over Equestrian Center Owner's road
for a width of 10 feet adjacent to and contiguous with the existing City sewer
easement,
2. Term. This License will commence on the date this agreement is executed and will
terminate when the first of the following events occurs:
a. December 31, 1994.
b. Filing a Notice of Completion of construction.
9 0
Consideration. In consideration of the granting of this License, the City shall:
Safety of Premises Observe and maintain the safety and security of the Stable
Owner's premises by:
(1) Limiting its regular use of the road and site to Equestrian Center Owner's
normal hours of operation, i.e., 7:30 a.m. to 4:30 p.m. Mondays through
Fridays, emergencies excepted.
(2) Keeping the gate at Avenida de la Vista closed and locked after each entry
or exit when the Equestrian Center Owner is not open for business.
Use of Road Use the road safely and in such a manner as not to disturb or create
a hazard or nuisance to Equestrian Center Owner, his neighbors or any of the
surrounding property, preparing and implementing a plan to maintain access to
the Equestrian Center to the satisfaction of the Equestrian Center Owner. Any
damages caused by the City or any of its agents, employees or contractors shall be
promptly repaired by the City.
4. Indemnity and Hold Harmless, The City represents and warrants that the
Equestrian Center Owner is adequately protected - through liability insurance or
otherwise -- from any claim or liability arising from any injury or damage which might
take place on the road by reason of its use and occupancy, and agrees to indemnify and
hold Equestrian Center Owner, his successors and assigns, free and harmless therefrom.
Restoration of Landscaping and Irrigation. The City will cause the existing landscaping
and irrigation lines adjacent to the south property line to be protected in place or replaced
in kind.
6. Extension. This License Agreement may be extended by mutual agreement of the
parties hereto.
DATED this Vt) day of NAY 1994 at San Juan Capistrano.
ATTEST:
Cheryl Johnson, City Clerk
APPROVED AST ORM:
4
Richard K. Denhalter, City Attorney
a:\briar\licag(l.
CITY OF SAN JUAN CAPISTRANO
BY C�GG—
Collene Campbell, Mayor
SIERRA VISTA
EQUESTRIAN CENTE OWNER:
r �
Patricia Harris
0
January 6, 1995
Rancho Sierra Vista Equestrian Center
31441 Avenida De La Vista
San Juan Capistrano, CA 92675
Re: Trabuco Sewer Emergency Repair
Dear Sir:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
GILJONES
CAROLYN NASH
DAVID SWERDLIN
CITY MANAGER
In June 1994, the City entered into a License Agreement with you to allow improved access during
construction of the above subject project.
The agreement would terminate on December 31, 1994 on the filing of the project Notice of
Completion, unless extended by mutual agreement.
This letter is to request your agreement to extend the agreement to terminate when the first of the
following events occurs:
a) June 30, 1995
b) Filing of a Notice of Completion of construction.
All other terms of the agreement would remain in effect.
Please sign below your concurrence with the extension of the agreement as outlined above.
RANCHO SIERRA VISTA
UEENTER OWNER
Patricia Harris
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
• 0
Presentation of Resolution:
Council Member Nash read the Community Service Award in full and presented it to Ms. Monique Rey of South
Coast Audubon, and Mayor Campbell expressed appreciation to Ms. Rey and her volunteers for their efforts.
CONSENT CALENDAR
It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the staff recommendations be
accepted for the following items listed on the Consent Calendar. The motion carried by the following vote:
AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell
NOES: None
ABSENT: None
L APPROVAL OF CITY COUNCIL MINUTES
Regular Meeting of May 17. 1994
The Minutes of the Regular Meeting of May 17, 1994, were approved as submitted.
b. Adjourned Regular Meeting of May 24. 1994
The Minutes of the Adjourned Regular Meeting of May 24, 1994, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES
Regular Meetine of May 17. 1994
The Minutes of the Regular Meeting of May 17, 1994, were approved as submitted.
b. Adjourned Regular Meeting of May 24, 1994
The Minutes of the Adjourned Regular Meeting of May 24, 1994, were approved as submitted.
3. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated June 21, 1994, from the Planning Director, advising that seven new development applications
were received by the City since the last report of May 17, 1994, was received and filed.
—� 4. APPROVAL OF LICENSE AGREEMENT FOR PROPERTY LOCATED AT 31441 AVENIDA DE
LA VISTA (TRABUCO SEWER EMERGENCY REPAIRS) (RANCHO SIERRA VISTA
EQUESTRIAN CENTER/P. HARRIS) (600.30)
T
As set forth in the Report dated June 21, 1994, from the Director of Engineering and Building, the License
Agreement with Mrs. Patricia Harris was approved allowing the City to have improved access to the existing
sewer easement located at Sierra Vista Equestrian Center to make emergency sewer repairs. The Mayor was
authorized to execute the Agreement on behalf of the City.
U • tet. • • : ulu_._ • JI4.�i]�\�l` 1.Y.I:II�IJ4���1:�I[9. • •
• • • If
As set forth in the Report dated June 21, 1994, from the Assistant to the City Manager, the Agreement with the
County of Orange for Animal Control Services was approved for the period of July 1, 1994, to June 30, 1995,
City Council Minutes -3- 6/21/94
9
1]
AGENDA ITEM June 21 , 1994
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Approval of License Agreement - Trabuco Sewer Emergency Repairs (Harris)
RECOMMENDATION
By motion, approve the License Agreement with Mrs. Patricia Harris to allow the City to have
improved access to the existing sewer easement at Sierra Vista Equestrian Center and authorize the
Mayor to execute the Agreement on the City's behalf.
SITUATION
Last winter's storms damaged the City's sewer crossing of Trabuco Creek in the vicinity of
Mission Street. Since that time, the City Staff and consultants have been working on a
design as an emergency measure to bypass the damaged crossing.
Part of this emergency effort is the installation of a temporary force main in an existing
easement on the Sierra Vista Equestrian Center property.
Staff is recommending that the City enter into an agreement with Mrs. Patricia Harris to use
an additional ten foot width of the existing Equestrian Center access road adjacent to the
existing easement for ingress and egress to the existing easement.
Staff is recommending that the City enter into an agreement with Mrs. Harris to allow the
City to use this additional access.
B. Background
The City of San Juan Capistrano operates a 15" diameter sewer in an easement adjacent to
Trabuco Creek along the east side of the creek. This is an important City sewer facility
serving a substantial area of the City to the north of this area, as well as Capistrano Villas.
In the vicinity of Mission Street the sewer crosses Trabuco Creek to Alipaz Street and
ultimately to the SERRA Treatment Plant in Dana Point. The sewer crossing of Trabuco
Creek was damaged in the storms of last winter. Although it is now operational again, it is
highly susceptible to further storm damage.
FOR CITY COUNCIL AGEN 3 Ll
AGENDA ITEM -2- June 21, 1994
Ultimately, the City wishes to abandon the sewer along the east side of Trabuco Creek and
reconstruct it in Avenida De La Vista. The new sewer would cross Trabuco Creek in the
Ramos Street area downstream of the existing crossing where the channel is lined and where
the sewer crossing will be protected.
As a result of the winter's storm damage, the City hired Harris and Associates to design and
manage the construction of an alternate sewer before the next winter storms. Most of this
work will form the permanent reconstruction, however, part will be temporary, lasting maybe
two years.
The permanent reconstruction envisioned at this time will consist of the new crossing of
Trabuco Creek near Ramos Street which was completed in January 1994, and a new sewer
in Avenida De La Vista from the south cul-de-sac to Calle Santa Barbara.
The temporary construction work at this time is envisioned to consist of some pipelines and
a buried pumping station on private property adjacent to Trabuco Creek, shown on the
attached location plan. Most of this work will be on Mr. Hideo Shibata's property and
agreements are already in place for this work.
The City already possesses a 10 foot wide sewer easement on the Sierra Vista Equestrian
Center property. Temporary construction will also include a force main from the temporary
pump station to Avenida De La Vista to be constructed in this easement.
City Staff has discussed the situation with the Sierra Vista Equestrian Center owner, Mrs.
Harris, and is recommending that the City enter into a License Agreement with her to have
improved access to the existing sewer easement.
The Agreement provides that construction work will not unduly impact access to the
Equestrian Center and that the contract documents will require traffic control such as signs
directing Equestrian Center traffic to the Center's north entrance.
COMMISSION/BOARD REVIEW RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
There are no financial implications with this action.
NOTIFICATION
Mrs. Patricia Harris
• •
AGENDA ITEM -3-
ALTERNATE ACTIONS
June 21, 1994
Approve the License Agreement with Mrs. Harris and authorize the Mayor to execute the
Agreement.
2. Do not approve the License Agreement.
Request additional information from Staff.
By motion, approve the License Agreement with Mrs. Patricia Harris to allow the City to have
improved access to the existing sewer easement at Sierra Vista Equestrian Center and authorize the
Mayor to execute the Agreement on the City's behalf.
Respectfully submitted, Prepared by —�
William M. Huber, P.E. Brian Perry, P.E. Project Manage:
his WMH/BP:ssg
Attachments: 1. Project Location Plan
2. License Agreement
a:\agendas\6-21 hris.bp
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PROPOSED EMERGENCY
SEWER TO BYPASS EXIST.
TRABUCO CREEK CROSSING
CITY OF SAN JUAN CAPISTRANO
I TRABUC0 SEWER EMERGENCY REPAIRS
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Brian Perry, Senior Civil Engineer
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: June 15, 1995
SITUATION:
At their meeting of June 21, 1994, the City Council approved the License Agreement with Patricia
Harris (Rancho Sierra Vista Equestrian Center) to allow the City improved access during construction
of a temporary sewer pipeline and a buried pumping station for the sewer which crosses Trabuco
Creek.
ACTION REQUESTED:
Agreement states that the temporary license granted to the City will expire on either December 31,
1994, or at the filing of a Notice of Completion for the construction or an extension of the agreement.
On January 5, 1995, agreement was extended to June 30, 1995. Please notify this office of agreement
status.
ACTION TO BE TAKEN:
L�� L'�j -
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
Z
C t'
SIGNATURE OF OFFICIAL TAKING ACTION: J
DATE SIGNED: 6 A
***EOR CITY CLERK'SDEPARTMENT USE ONLY"*
Tickler Date: 12/01194 06115195
Deadline Date: 12131/94 06130/95
cc: Department Head
City Attorney
(600.301harrisp)
6/ 1q/g5 F
Ci lny iq-?
a
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CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Brian Perry, Senior Civil Engineer
-7l 19q�
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: Decembers, tom'
SITUATION:
At their meeting of June 21, 1994, the City Council approved the License Agreement with Patricia
Harris (Rancho Sierra Vista Equestrian Center) to allow the City improved access during
construction of a temporary sewer pipeline and a buried pumping station for the sewer which crosses
Trabuco Creek.
ACTION REQUESTED:
Agreement states that the temporary license granted to the City will expire on either December 31,
1994, or at the filing of a Notice of Completion for the construction or an extension of the
agreement. Please notify this office of agreement status.
ACTION TO�
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION: Zt�1
DATE SIGNED:
r4-71Q� r* * *FOUR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: �il9if9! Y
Deadline Date: 12131194
cc: Department Head
City Attorney
(600.301harris)
12117111/ �
•
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January 6, 1995
Rancho Sierra Vista Equestrian Center
31441 Avenida De La Vista
San Juan Capistrano, CA 92675
Re: Trabuco Sewer Emergency Repair
Dear Sir:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
MATT HART
OILJONES
CAROLYN NASH
DAVID SWERDLIN
CITY MANAGER
In June 1994, the City entered into a License Agreement with you to allow improved access during
construction of the above subject project.
The agreement would terminate on December 31, 1994 on the filing of the project Notice of
Completion, unless extended by mutual agreement.
This letter is to request your agreement to extend the agreement to terminate when the first of the
following events occurs:
a) June 30, 1995
b) Filing of a Notice of Completion of construction.
All other terms of the agreement would remain in effect.
Please sign below your concurrence with the extension of the agreement as outlined above.
RANCHO SIERRA VISTA
EQUESTRIAN CENTER OWNER
Patricia Harris
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171
r
Rancho Sierra Vista Equestrian Center
January 6 1995
Page 2
Construction work is now underway and I hope to meet with you soon with the contractor to
coordinate his work with the Equestrian Center operations. If you have any questions, please feel
free to call me at (714) 443-6353.
truly yours,
. Zee.
Brian Perry
Senior Civil Engineer
BP:ssg /
cc: Cheryl Johnson 6ele
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MINIM 1961
1776
June 23, 1994
Patricia Harris
Rancho Sierra Vista Equestrian Center
31441 Avenida de la Vista
San Juan Capistrano, California 92675
Re: License Agreement for Tempos Pumping Stations and Pipelines
Dear Mrs. Harris:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSOORFER
GIL JONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of June 21, 1994, the City Council of the City of San Juan Capistrano approved the
License Agreement with you to allow the City improved access during construction of a temporary
sewer pipeline and a buried pumping station for the sewer which crosses Trabuco Creek. The
temporary license granted to the City will expire on either December 31, 1994, or at the filing of
a Notice of Completion for the construction, whichever occurs first.
A fully -executed copy of the License Agreement is enclosed for your files. If you need any
additional information, please let us know. Thank you for your cooperation in this matter.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: Director of Engineering and Building (with copy of Agreement)
Brian Perry, Project Manager (with copy of Agreement)
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171