Loading...
1995-0321_DESCHUYTTER_License Agreement'n y • a RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Reft: 28072 Via Rueda LICENSE AGREEMENT Lot 91 of Tract 9373 A.P. No. 666-072-14 DOT # 9`5-0161013 i9--AE=P—i �i 10-13 -_ s;eccF e, JfTi_ial ue_eN=_ -3 y L. ur ailvillt, 2ie=i::--iie G .:e;. This LICENSE AGREEMENT is made this 21st of March, 1995, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and Ludo D. Deschuytter and Lilia Llorens-Deschuytter, hereinafter referred to as 'Property Owners". Recitals: This License Agreement affects title to and runs with the land with respect to Subdivision Tract Map 9373, City of San Juan Capistrano, County of Orange, more particularly described in Exhibit A, attached and incorporated herein by reference. City and Property Owners mutually resolve as follows: Grant of License. City hereby grants to Property Owners a license right to use portions of a storm drain and sewer easement for the purpose of placing and maintaining a portion of a retaining wall, gate and wrought iron fence, located within the City of San Juan Capistrano. The location of the easement is set forth in Tract Map 9373, on file with the Engineering Division of the Engineering and Building Department. Property Owners will place the portion of the retaining wall, gate and wrought iron fence in the easement area under the direction of the Director of Engineering and Building. 2. Hold Harmless. Property Owners shall hold City harmless from any and all claims or liabilities which may arise during the course of construction and maintenance of the wall, gate and wrought iron fence in the easement. r City Control of Wall. Gate and Wrought Iron Fencing Locations in easement. City reserves the right to, at any time, cause the removal or relocation of the wall, gate and fencing constructed in the easement in the event of maintenance, reconstruction and/or relocation of the storm drain. Any cost of removal of the Property Owners' wall, gate and/or wrought iron fencing constructed in the easement occasioned by the maintenance, reconstruction and/or relocation of the storm drain shall be a cost borne by the Property Owners. Successors in Interest. The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Property Owners. Term. This License Agreement shall continue in full force and effect, subject to paragraph 3, unless terminated by mutual agreement of the Property Owners and City. DATED this 21st day of March, 1995, at San Juan Capistrano. ATTEST: z �r '� � � Q CHERYL JOHT48OWCITY CLERK APPROVED AS TO FORM: &�/ 1�1b-trd TY ATTO Y 3/2a/9S- CITY OF SAN JUAN CAPISTRANO By C OL ASH, MAYOR LICENSE AGREEMENT EXhihd A THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, AND IS FURTHER DESCRIBED AS: LOT 91 OF TRACT 9373, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 411, PAGES 4 THROUGH 10, INCLUSIVE OF MISCELLANEOUS MAPS, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. State of LjokL.l f:0RN 7 R County of OR a &1C X On g N6RC14 ( QQS before me, PNx I HU8HK IMAM PUBLIC IDATO INAMErrITLE OF OFFICER-i.e.'JANE DOE. NOTARY PUBLIC-) personally appearedlyt� 1>, _ eSCi4t_)X -7-� INAMEIS) OF SIGNER(S)) 0m,j �!L /A L( OIQ�iLS'— l ES GfrrUy TT�� ❑ personally known to me -OR- 0'i roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) *e are subscribed to the within instrument and acknowledged to me that b*4t;e/they executed the same in /their authorized capacity(ies), PHILIP J. HUGHES and that by hisFker/their """ COMM. 01007164 > signature(s) on the c ` � Notary ®E instrument theperson(s), ORANGE or the entity upon behalf My Commiselon Exii. 127267Y1 of which the person(s) acted, executed the instrument. Witness my hand and official seal. (SEAL) IS NA RE TA Y) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document Ll C !` aUG & Q�` M, MUST BE ATTACHED 3TO THE DOCUMENT Number of Pages _ Date of Document „Z ! tmig Q[.Fi' DESCRIBED AT RIGHT: /�,, � A' M Signerls) Other Than Nametl Above OL.Y4J (VAst# /•IR yv* QBcYIY� .3p,' L ;AU C11"Y /}TTDle AJC% WOLCOTTS FORM 83200 Rev. 3.94 (price clava 8-2A) Q 199 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION/ O FINGERPRINTS RIGHT THUMBPRINT (Optional) CAP ITY CLAIMED BY SIGNERIS) ff—INDIVIDUAL(S) ❑CORPORATE OFFICERIS) ITnIF81 OPARTNERIS) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT 0TRUSTEEIS) OGUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Peraonlel or Entitylies) I-- Qv" RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERISI OINDIVIDUALIS) ❑CORPORATE OFFICER(S) mnLSl OPARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: IName of Peraon(al or Entity4eal 7 IIIII67775 VIII I IIIII0 II 8 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) On March 21. 1994 before me, Cheryl Johnson City Clerk, personally appeared Carolyn Nash (SEAL) Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. .., ---A- OPTIONAL Description of Attached Document License Agreement (Deschuytter) Title or Type of Document a Number of Pages March 21, 1995 Date of Document Ludo D. & Lilia Llorens-Deschuytter Signer(s) Other Than Named Above 0 March 23, 1995 Mr. and Mrs. Ludo Deschuytter 28072 Via Rueda San Juan Capistrano, California 92675 Jin - iinio�ron�o uoxm 1961 1776 -1I-1 . .1 . . �. ._I1 -1 .• Dear Mr. and Mrs. Deschuytter: MEMBERS OF THE CIN COUNCIL COLLENE CAMPBELL WYATT HART GILJONES CAROLYN NASH DAVID SWERDLIN CRY MANAGER GEORGESCARSOROUGH At their meeting of March 21, 1995, the City Council of the City of San Juan Capistrano approved the License Agreement with you for construction of a wall and wrought iron fencing in a portion of a City storm drain and sewer easement. A fully -executed copy of the License Agreement is enclosed for your files. The City's copy of the Agreement has been forwarded to the Orange County Recorder's Office for recordation. Please do not hesitate to call if you need additional information. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Engineering and Building Director Cathy DuCoing 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 9 (714) 493-1171 ilding Director, the License Agreement between the City and Mr. and Mrs. Deschuytter was approved for the construction of a retaining wall, gate, and wrought iron fencing in a portion of a City storm drain and sewer easement at the rear property line at 28072 Via Rueda. The Mayor and City Clerk were authorized to execute the License Agreement, and the City Clerk was directed to record the Agreement with the County Recorder. As set forth in the Report dated March 21, 1995, from the Engineering and Building Director, the following Resolution was adopted formally ratifying existing downtown parking restrictions to bring all past changes into conformity and to ensure proper enforcement: RESOLUTION_ NO. 95-3-21-3_ ESTABLISHING PARKING RESOLUTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA., ESTABLISHING PARKING RESTRICTIONS ON CERTAIN STREETS OR PORTIONS THEREOF AS DESCRIBED IN EXHIBITS A THROUGH J, AND SUPERSEDING ALL PREVIOUS DOWNTOWN PARKING RESTRICTIONS ADOPTED BY RESOLUTION The adoption of this Resolution supersedes any other restriction adopted by Resolution that may be in conflict. Council Member Jones abstained due to a potential conflict of interest due to the proximity of his residence/business to the subject area. E. INS • ; \ • \I; ISI: J; ul \ • r � • � • ' �I ►r � As set forth in the Report dated March 21, 1995, from the Engineering and Building Director, the following Resolution was adopted: City Council Minutes -4- 3/21/95 AGENDA ITEM TO: FROM: SUBJECT: 9 0 March 21, 1995 George S. Scarborough, City Manager William M. Huber, Director of Engineering and Building Approval and Authorization to Execute a License Agreement (Deschuytter, 28072 Via Rueda, Lot 91, Tract 9373) RECOMMENDATION By motion: Approve the License Agreement between Mr. and Mrs. Deschuytter and the City of San Juan Capistrano; 2. Authorize the Mayor and City Clerk to execute the License Agreement between Mr. and Mrs. Deschuytter and the City of San Juan Capistrano; and, 3. Authorize the City Clerk to forward the License Agreement to the Orange County Recorder. SITUATION A. StImma1y and Recommendation Mr. and Mrs. Deschuytter, owners of property located at 28072 Via Rueda, have contacted the City regarding construction of a wall along their rear property line on Camino La Ronda. During review, it was determined that a small portion of the wall and wrought iron fencing is proposed to be built in a City storm drain and sewer easement. Staff has reviewed the plan and has determined that the proposed construction does not conflict with the function of the public facilities and is proposing that Council approve the execution of the License Agreement to establish responsibilities should the items constructed conflict with City maintenance activities in the future. FOR CITY COUNCIL AGEN le 0 AGENDAITEM March 21, 1995 Page 2 B. Background With the construction of Tract 9373, Los Corr ales, a 20 -foot easement for sewer and storm drain purposes was dedicated to and accepted by the City with the final map. Mr. and Mrs. Deschuytter are the owners of Lot 91. Six feet of the easement exists on their property and includes an 18" storm drain. The remaining 14 feet of the easement which contains an 8" sewer line is on Lot 90. Mr. and Mrs. Deschuytter are proposing to construct a block wall and gate at the rear of their property along Camino La Ronda and wrought iron fencing along the side property lines. In the area of the easement (see attachment), a 4'6" long portion of the wall is proposed along with a wrought iron fence and gate. The proposed construction in the easement does not conflict with the function of the storm drain and the gate will be located behind the cleanout for the storm drain outlet. Staff has reviewed the plan for the construction of the block wall and wrought iron fencing in the easement and is proposing that the Council approve the execution of the License Agreement. The License Agreement retains the City's right to cause the removal of the wall and wrought iron fencing constructed in the easement area in the event of repair or reconstruction of the storm drain. Any costs of removal wall and/or wrought iron fencing in the easement area would be a cost borne by the property owner. None FINANCIAL CONSIDERATIONS None NOTIFICATION Adjacent Property Owners (List Attached) ALTERNATE ACTIONS Approve the License Agreement between Mr. and Mrs. Deschuytter. 2. Do not approve the License Agreement. Refer to Staff for additional information. AGENDA ITEM March 21, 1995 Page 3 RECOMMENDATION By motion: 1. Approve the License Agreement between Mr. and Mrs. Deschuytter and the City of San Juan Capistrano; 2. Authorize the Mayor and City Clerk to execute the License Agreement between Mr. and Mrs. Deschuytter and the City of San Juan Capistrano; and, 3. Authorize the City Clerk to forward the License Agreement to the Orange County Recorder. Respectfully submitted William M. Huber r/ WMH/TGS: cdc Attachments: Location Map Work Area Map License Agreement Prepared By: Cathleen A. DuCoing, Project Manager 100 • • 0�i 0� 2� O 16" O % 'B b X60 �A "qYy �tr�•GO 'OHO ��60 sGNIM �% Owe"Ab - y, LOCATION MAP proposed 6' max. high retaining wall F 1+ proposed gate 1N�Mejso proposed 4'6" long retaining wall 1911211201104 proposed wrought iron fencing IIIINNNNINNINIIII existing wrought iron fencing 0 Vi A RUEDA o (0, PO2T I i7 N O{- ao' SEwer� Ghc( S"T'oYzrm DYCA) N EA S¢ Mie tj+ (NOT To SCG le) LOT 9 1 CorC-w4e. gpX LOT 90 SToK'' r^ Drta I a O.K+L0- �o� 0 / o' \I- o �q�� WORK AREA MAP 1,. 0 ' IIrm,n 1961 1776 10 1 W91,45cl ITUM TO: Matthew Hruby, Orange County Recorder's Office FROM: Cheryl Johnson, City Clerk DATE: April 3, 1995 SUBJECT: Missing Seal - License Agreement (Deschi vta ter) MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFF VASOUEZ CITY MANAGER GEORGESCARSOROUGH The License Agreement between the City and Mr. and Mrs. Deschuytter was returned for a missing seal on the City Clerk's Public Acknowledgement Page. The City's seal is an embosser seal rather than an ink seal and that is why I always include the word "seal" across from my name. I always place the embosser over my name and have never had a problem getting a document recorded. To meet your requirement, I placed the embosser over the word "seal" and am returning the document. Please let me know if the Recorder's Office will no longer accept an embosser seal placed over the name instead of the word "seal." Thank you for your assistance. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 9267E 0 t7W 495-5171 Rt'TUH AD f)SS: S DATE MAR 3 1 1995 v,7`/ O� Scy Scv_h ��r+i �ty,op 5C=[ Tp K✓ LH? -STAR -N GA. 91E 25� We are returning UNRECORDED ,45�e«g-r- naming together with your remittance of $imp , Ck. No. 200sEs� .>uvn�n for the reasons checked below: (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county, please forward to county shown on the document. (3) For proper indexing: a. "Et al" is not acceptable; all parties must be named. b. The name of the company, corporation or partnership must be at the signature point. c. The trustee of a trust must be identified as such. d. The names in the caption, execution and notary acknowledgment must match. (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (see bulletin) (5) The city where the property is located or "unincorporated area" must be stated on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is incomplete or unsigned. Please complete or correct the areas checked in red. (7) The notary acknowledgment is incomplete (please see red check) or is an incorrect forth. A form is required. (8) The notary seal/signature is missing or is illegible. (9) Portion(s) of the document are illegible (please see red check). You may either execute and submit a new original or you may add a legible copy and a certification by the party creating the copy under penalty of perjury that it is a true copy of the original. (Gov. Code section 27361.7) (10) The legal descriptiontexhibit has been omitted. All exhibits must also be referenced in the body of the document and appropriately labeled. (11) Recording reference (date and document number or book and page) of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be identified (i.e. owner etc.) (14) To properly perfect a security interest, this UCC -1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, if the debtor does not own the real property, the name of the owner. (15) We have received your check without a document or letter of instruction. We are unable to determine the intent of the fees. (16) The correct fees will be $ . If an attachment is added to the document, the fee will increase as stated on the attached fee schedule. (17) OTHER: GARY L. GRANVILLE, COUNTY CLERK -RECORDER