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1978-0816_HARTIGAN, FRANK J._Agreementa i f AGREEMENT TO DO CORRECTIVE WORK RESULTING FROM STORM DAMAGE -THIS AGREEMENT MADE AND ENTERED INTO THIS 16th DAY OF August, 1978 BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO, HEREINAFTER CALLED "CITY," AND FRANK J. HARTIGAN HEREINAFTER REFERRED TO AS "OWNER." W I T N E S S E T H WHEREAS, the impact of concentrated and prolonged rainfall has caused certain slopes abutting public rights of way to fail and to slide into and encroach upon'such public property; and WHEREAS, the resulting encroachment has endangered and continues to endanger the health, safety and welfare of the public; and WHEREAS, the City, accordingly, desires to cause the dirt and debris to be removed from public property and to restore the abutting slopes; and WHEREAS, such work will require temporary access upon and use of property belonging to OWNER: -AND WHEREAS, OWNER acknowledges that the performance of the aforesaid restoration work will benefit his property. NOW THEREFORE, in consideration of the foregoing premises and the promises hereinafter contained the parties hereto agree as follows: 1. OWNER grants to CITY, its officers employees and/or contractor, the right, license and permission to enter upon that portion of his property delineated on Exhibit "A" to undertake and accomplish restorative and corrective repair thereon, pursuant to plans attached hereto as Exhibit "B." 2. CITY shall notify OWNER 8 hours in advance of the commencement of the work and shall cause all entry and work to be done expeditiously and with the minimum of inconvenience to OWNER. 3. OWNER shall indemnify and hold harmless CITY from any and all damage and liability of every kind and nature, which may arise as a result of CITY's entry upon and use of his property and the performance of corrective work. 4. OWNER agrees to pay -0- dollars to the CITY as reimbursement for OWNER's share of the cost of corrective work. IN WITNESS WHEREOF, this agreement was executed the day and year first above written. APPROVED AS TO FORM: es S. Okazaki, CiW Attorney ATTEST: Mary Ann/Fidnover, City Clerk By_� �s KENNETH E. FRIK S, MAYOR State of California 1 ss. County of Orange City of San Juan Capistrano ) OFFICIAL SEAL CHERYI A JOHNSON g 16 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY "^^"' My comm. expires DEC 28, 1981 GENERAL ACKNOWLEDGEMENT FORM On this the 271h day of September 19 78 , before me, the undersigned Notary Public, personally appeared FRANK J. HARTIGAN known to me to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CHERYL A. JOHNSO ", NOTARY PUBLIC O - 'li -' 55-25 • f - I l3AC.„ k S /O - /5 s3 e V T 595 Ac. 10 9 3/S EXHIBIT "A" �roiTf .I, ( I,- ".I,.'i- r I tics-, ; <-ren-� AI Al+ 06 t' I' i EXHIBIT "A" �roiTf .I, ( I,- ".I,.'i- r I tics-, ; <-ren-� AI Al+ 06 EXHIBIT "B" W o � �j aW TT �o 1'w q)4 N �o W� LU k V : Rlj� W Umo. Q Lli Q W , M)- Q to _ CITY OF 5pN JuAll CAPIS"lf,A DFPARTMENT W Umo. Q Q W , M)- �WQ CITY OF 5pN JuAll CAPIS"lf,A DFPARTMENT OF PURI -10 WORKS STORN'DAMAGE REPAIRS 1978 Sheet 1 of 3 Kil� e/: JI -111/1" 11_lwir f'i��oif?1r1irr- 32400 PA.SEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONC 4931171 October 2, 1978 Mr. Frank J. Hartigan 32351 Del Obispo Street San Juan Capistrano, California 92675 Re: Agreement to do corrective work resulting from storm damage - riaht of entry upon Dropert Dear Mr. Hartigan: Enclosed for your file is a fully -executed copy of the Agreement between yourself and the City of San Juan Capistrano which grants to the City the right, license and permission to enter upon your property to undertake and accomplish restorative and corrective repair resulting from storm damage. Thank you for your cooperation. Very truly yours, (MRS) MARY ANN HANOVER City Clerk MAH/cd Enclosure cc: Director of Public Works Bill Becker, Public Works 32400PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 'PHONE 493-1171 September 18, 1978 Mr. Frank J. Hartigan 32351 Del Obispo Street San Juan Capistrano, CA 92675 Re: Right of Entry: Assessor's Parcel No. 673-061-10 Dear Mr. Hartigan: In order to proceed with corrective work on the failed slope in the public right of way adjacent to your property, we are requesting you to sign a Right of Entry document. To expedite commencement of this project, you are requested to come to City Hall for authorization of the subject document, preferably before 5 p.m. on Wednesday, September 20, 1978. There is no cost to you for this restoration project. This area is now a hazard to school children, and we would appreciate your support. Upon arrival, please contact the City Clerk's Office at City Hall. Sincerely, CITY OF/SAN JUAN CAPISTRANO W. P. Becker Administrative Aide WPB:tm cc: City Clerk's Office