1992-0812_GROENENDYKE, E & S_License Agreementr
92=617874
RECORDING REQUESTED BY:
City of San Juan Capistrano
AND WHEN RECORDED MAIL TO:
Office of the City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Project No.: 12-6900-4705-116
Project: Sacarama Area Storm Drain
Lot No: 5 of Tract 9795
RECORDED IN OFFICIALRECORDS
OF ORANGE COUNTY, CALIFORNIA
.
P.M.
SEP 151992
P. M.
Q• `/&a c Recorder
LICENSE AGREEMENT
Tract 9795
IOther I� I
THIS LICENSE AGREEMENT is made by and between the City of San Juan
Capistrano, hereinafter referred to as "City", and Edward H. Groenendyke and Sara H.
Groenendyke, hereinafter referred to as "Property Owner".
RECITALS
This License Agreement affects title to and runs with the land with respect to Lot 5
of Tract 9795, City of San Juan Capistrano, County of Orange.
City and Property Owner mutually agree as follows:
1. Grant of License.
City hereby grants to Property Owner a license right to use a portion of a City
drainage easement for the purpose of constructing and maintaining private landscaping.
The dedication of the City easement will be concurrent with this document.
2. Hold Harmless.
Property Owner shall hold City harmless from any and all claims or liabilities
which may arise during the course of construction of the landscaping or in the course of
maintenance of said landscaping.
3. City Control of Landscaping.
The City reserves the right to approve landscaping plans within the easement
subject to City standards and codes and subject to suitability of landscaping relative to
the storm drain facility within the easement. Such approval shall not unreasonably be
withheld.
4. Damage to Landscaping.
In acknowledgment of the dedication of the drainage easement, the City agrees
to replace and reestablish landscaping at City expense, in the event that access is
required subsequent to initial construction. The standard of landscaping will be that
which existed prior to the access.
L-ICENSE AGREEMENT
Edward H. & Sara H. Groenendyke
Page 2
5. Successors in Interest.
The License Agreement shall inure to and be binding on the heirs, successors,
executors, administrators, and assignees of the Property Owner.
6. Term.
This License Agreement shall commence on the date of filing a Notice of
Completion for the Sacarama Area Storm Drain Project and shall continue in full force
and effect unless terminated by mutual agreement of Property Owner and City.
DATED this M day of 1992, at San Juan Capistrano.
ATTEST:
CHERYL A A[ (SON, CITY CLERK
APPROVED AS TO FORM:
CITY OF SAN 31
PROPERTY OWNER:
ARD -K DENHALTER, CITY A TORNEY EDWARD H. G
CAPISTRANO-
4
Stateof C4L1so2W1eZ_-
County of er/'�".} W ez'e
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On _ 2 —Y^2 before me,�/Le e zr F�9T�/ f/aT�lRti /✓�iO<i�
DATE NAME, TITLE pF pFFI R -EG., "SANE DOE, NOTAR PUBLIC"
personally appeared
personally known to me - eR E37xeo
OFFIGAL NOTARY SEAL
.'_aerl EILEEN FEGTE
s Notary Public — JU Tyraia
ORAN(>E COUNTY
by Comm G.aires ANY 27, 1005
NAMES) OF SIGNER(S)
to be the person(* whose name(dq is/�
subscribed to the within instrument and ac-
knowledged to me that heAmNadbia>jexecuted
the same in his,lMiauthorized
capacity, and that by his"-
signaturetilli on the instrument the person(/),
or the entity upon behalf of which the person*
acted, executed the instrument.
Witness my hand and official seal.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
'CORPORATE
OFFICERS)L.
TI
E(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITYNES)
Z 5,.o- �i p
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document 5,-e 4/G2 Q -e 7n &W '7—
Number of Pages � Date of Document
Signer(s) Other Than Named Above
O 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 " Canaoa Park, CA 91306-]180
IISTATE OF
COUNTY OFALIFORNI"_'Ctere )SS. �I
ACKNOWLEDGMENT —General—Woleotls Form 233CA—Rev. 5-82
')1982 WOLCOTTS, INC. (Price class 8- 2)
On this ,� day ofi'r1& Y0 ,57_ , in the year 193w!
before me, the undersigned, a Notary Public in and for said State, personally appeared
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person= whose name -
/1i« subscribed to the within instrument, and acknowledged to me that Zhe-Z
executed it.
WITNESS my hand and official seal.
L�P.C� `//� ��
Notary Public in an for 'd State.
ss
OFFICIAL NOTARY SEAL
TERIRC. E V,ACEE
No r- p',I.. - Caluomia
` m
UHANCii, "OLIN YY
my Cornm Expire,-: N4AY 23,9994
ACKNOWLEDGMENT —General—Woleotls Form 233CA—Rev. 5-82
')1982 WOLCOTTS, INC. (Price class 8- 2)
On this ,� day ofi'r1& Y0 ,57_ , in the year 193w!
before me, the undersigned, a Notary Public in and for said State, personally appeared
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person= whose name -
/1i« subscribed to the within instrument, and acknowledged to me that Zhe-Z
executed it.
WITNESS my hand and official seal.
L�P.C� `//� ��
Notary Public in an for 'd State.
`J
M U9151 KIKUWA,.t
As set forth in the Report dated September 1, 1992, from the Director of Engineering and Building,
the following Resolution was adopted accepting the storm drain easement on the Marquis property
for the Sacarama Area Storm Drain Project:
RESOLUTION NO 92-9-1-2. ACCEPTING STORM DRAIN EA EMENT
ACROSS THE MARQUIS PROPERTY FOR THE SACARAMA AREA STORM
DRAIN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A STORM DRAIN
EASEMENT ACROSS THE MARQUIS PROPERTY FOR THE SACARAMA
AREA STORM DRAIN
The City Clerk was directed to record the document with the County Recorder.
9. ACCEPTANCE OF LANDSCAPING LICENSE AGREEMENT SACARAMA AR
STORM DRAIN R E ND
As set forth in the Report dated September 1, 1992, from the Director of Engineering and Building,
the Landscaping License Agreement between the City and Edward and Sara Groenendyke was
approved permitting the property owners to install and maintain landscaping within the City drainage
easement. The Mayor and the City Clerk were authorized the execute the agreement.
10. ACCEPTANCE OF LANDSCAPING LICENSE AGREEMENT - SACARAMA AREA
STORM DRAIN (MARQUIS) (600,30)
As set forth in the Report dated September 1, 1992, from the Director of Engineering and Building,
the Landscaping License Agreement between the City and Gary Marquis was approved permitting the
property owner to install and maintain landscaping within the City drainage easement. The Mayor and
the City Clerk were authorized the execute the agreement.
11. ACCEPTANCE OF CONSTRUCTION LICENSE AGREEMENT - SACARAMA AREA
STORM DRAIN (MARQUIS) (600,30)
As set forth in the Report dated September 1, 1992, from the Director of Engineering and Building,
the Construction License Agreement between the City and Gary Marquis was approved permitting the
City's contractor to perform construction work on the Marquis property outside City easements for
the Sacarama Area Storm Drain Project. The Mayor and the City Clerk were authorized the execute
the agreement.
:i?I•Ib �'Y IE�l-•7:IF'iil' ' t ,1l 1�f � I • . • • Y, - • ' -
•1 a ._ 4 _►lll: • �I 1 • • • • _ �1•
As set forth in the Report dated September 1, 1992, from the Director of Community Services, an
additional payment in the amount of $9,190 was authorized to Ed Almanza and Associates for the
preparation of additional archaeological and cultural resources work for the Open Space Master Plan
Environmental Impact Report. This work was performed beyond the originally approved Scope of
Work and budget ($13,180) for the project, and the consultant requested reimbursement for the
-6-
9/1/92
A
AGENDA ITEM
TO:
FROM:
SUBJECT:
E
September 1, 1992
Stephen B. Julian, City Manager
William M. Huber, Director of Engineering & Building
Sacarama Area Storm Drain, Approval of Landscaping License
Agreement (Groenendyke)
RECOMMENDATION
By Motion, approve the License Agreement to permit the property owners,
Mr. & Mrs. Groenendyke, to perform landscape work within the City Drainage Easement.
SITUATION
A. Summary and Recommendation
Plans and specifications have been prepared to construct a 30" diameter storm drain
from the Chou property above Sacarama Lane through the Gregg, Vaughn, McCook,
Groenendyke and Marquis properties to the existing 42" diameter storm drain in Via
Estelita (see attached exhibit).
These were approved April 21, 1992 and Staff was authorized to receive bids subject
to obtaining easement documents. The easement document for the Groenendyke
property is now available and Staff recommends it is accepted by separate action.
On the Groenendyke property, the owners have requested the ability to landscape
over the drainage easement. Staff is recommending that a License Agreement is
approved to satisfy this request.
B. Background
For some time now, the residential area below Sacarama has experienced drainage
problems from upstream runoff onto their properties. Recent home construction in
the area has intensified the problem. The homeowners have requested assistance
with resolving the problem and are obligated to contribute financially up to 50% of
the project costs.
Engineering Staff has obtained topographic survey of the area and prepared storm
drain plans. The storm drain will run in easements on private property.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
There are no direct financial considerations to be considered with this action.
FOR CITY COUNCIL AG
AGENDA ITEM . •
September 1, 1992
Page 2
NOTIFICATION
Groenendyke
ALTERNATE ACTIONS
1. Approve the License Agreements permitting Mr. & Mrs. Groenendyke to landscape
within the City drainage easement.
2. Do not accept the License Agreement.
3. Refer to Staff for additional information.
RECOMMENDATION
By Motion, approve the License Agreement to permit the property owners, Mr. & Mrs.
Groenendyke to perform landscape work within the City Drainage Easement.
Respectfully submitted,
/,A, 4"'V1
William M. Huber, P.E.
7i W MH/BP:st
Attachments: License Agreement
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CITY OF SAN JUAN CAPISTRANO
SACARAMA AREA STORM DRAIN
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September 4, 1992
Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92702
y I10(OR IORIM
ESTA1111RO 1961
1776
Re: License Agreement - Sacarama Area Storm Drain (Groenendyke)
Gentlemen:
The following document is enclosed for recordation:
MEMBERS OF THE CITY COUNCIL
KENNETH E FRIESS
JERRY HARRIS
GARY L. HAUSDORFER
GIL JONES
JEFF VASQUEZ
CITY MANAGER
STEPHEN B JULIAN
License Agreement between the City of San Juan Capistrano and Edward & Sara
Groenendyke for use of a portion of a City drainage easement in conjunction with
the Sacarama Area Storm Drain Project.
A check in the amount of $11.00 is enclosed for recording fees. When placed of record,
please return said document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the letter and return it to this office in the enclosed, stamped, self-
addressed envelope at your earliest convenience.
Thank you for your cooperation.
Very truly yours,
qy A^ryl Jo son Clerk
Enclosure
Document Number
Date
G2-0617874
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U-1151992
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3240ft PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 OR (714) 493-1171
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