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
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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 '� �
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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
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1776
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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
•
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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
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proposed 6' max. high retaining
wall
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1N�Mejso proposed 4'6" long
retaining wall
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fencing
IIIINNNNINNINIIII existing wrought
iron fencing
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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
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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