1990-0807_MILLER , BRADFORD H_License Agreement0 90-452611
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RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
.gzs AM AUG 24'90
Q' 4� RECORDER
RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO: G 03
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto ('
San Juan Capistrano, CA 92675 CHERYLLeA. IOH SON, City Clerk
LICENSE AGREEMENT
Lot 72, Subdivision Tract Map 7673
A.P. No. 666-192-08
THIS LICENSE AGREEMENT is made this 7th day of August, 1990, by and between
the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and Bradford
H. Miller and Lynn C. Klein, hereinafter referred to as "Property Owner".
Recitals:
This License Agreement affects title to and runs with the land with respect to
Lot 72, Subdivision Tract 7673, City of San Juan Capistrano, County of Orange, more
particularly described in Exhibit A, attached and incorporated herein by reference.
City and Property Owner mutually resolve as follows:
1. Grant of License.
City hereby grants to Property Owner a license right to use a portion of
an existing City easement for the purpose of constructing and maintaining a stepped
decorative concrete/brick patio and landscaping on Lot No. 72 of that certain subdivision
tract known as Tract 7673, located within the City of San Juan Capistrano. The location
of the City easement is set forth in Tract Map 7673, on file with the Engineering
Division. Improvements to be constructed by Property Owner within the City Easement
area shall be placed in accordance with directions of the Director of Engineering and
Building Services.
2. Hold Harmless.
Property Owner shall hold City harmless from any and all claims or
liabilities which may arise during the course of construction and maintenance of the
stepped decorative concrete/brick patio and landscaping.
9
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3. City Control of Patio and Landscaping Locations.
City reserves the right to, at any time, cause the relocation of the
stepped decorative concrete/brick patio and landscaping in the event the City
reconstructs the existing 42" RCP storm drain within said easement. Any cost of
relocation of the Property Owner's patio and/or landscaping occasioned by the
reconstruction of the 42" RCP storm drain shall be a cost borne by the Property Owner.
City also reserves the right to, at any time, access said easement for maintenance of the
storm drain. Any damage to the Property Owner's patio and/or landscaping arising from
maintenance or repair of the storm drain located in the City easement shall be a cost
borne by said Owner.
4. Successors in Interest.
The License Agreement shall inure to and be binding on the heirs,
successors, executors, administrators, and assignees of the Property Owner.
5. Term.
This License Agreement shall continue in full force and effect, subject
to paragraph 3, unless terminated by mutual agreement of the Property Owner and City.
DATED this 7th day of August, 1990, at San Juan Capistrano.
ATTEST:
/L♦ . IAT -4
APPROVED AS TO FORM:
JOHN R. SH V, MY ATTORNEY
LICENSE AGREEMENT
THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE AND IS DESCRIBED AS FOLLOWS:
LOT 72 OF TRACT NO. 7673 IN THE CITY OF SAN JUAN CAPISTRANO
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
THROUGH 14 INCLUSIVE OF MISCELLANEOUS MAPS, OF OFFICIAL
ORANGE COUNTY, CALIFORNIA.
EXHIBIT A
COUNTY OF
426, PAGES 9
RECORDS OF
GENERAL ACKNOWLEDGMENT
State of (.+Y�/ D /Z- y/A- On this the ! day of _'5—LL' y 19,C1), before me,
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County of -42g"4_ G SS.
the undersigned Notary Public, personally appeared
❑ personally known tome
WM
EAL)(proved to me on the basis of satisfactory evidencesubscribed to the
to be the person(s) whose name({ / SALIFORNIAwithin instrument, and acknowledged that 0V C.executed it.
VTY WITNESS my hand and official seal.PR I5, 1991 � /
N0, 201
7110122 NATIONAL NOTARY AbbWIATION • 23012 Ventura Nab. • Fu, Cox 96ab • womiano mus, oA alxw
NO. 201
State of-�TL!!�12N1,4 • d �%u�- 90
On this the day of % 79 before me,
Countyof i)9AJ4 r�ss. f✓1/1F-2.Ye A'6se
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111 the undersigned Notary Public, personally appeared
LY v v G /G� �i►J
OFFICIAL SEAL G personally known tome
• CHERYL A. JOHNSON 'S P satisfactory roved to me on the basis of satisfacto evidence
m NOTARY PUBLIC -CALIFORNIA to be the person(* -whose nameLa} 1-5 subscribed to the
ORANGE COUNTY
61y comm. expires DEC 13, 1993 within instrument, and acknowledged that -SH - executed it.
WITNESS my hand and official seal.
4Notass Si
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment Of this certificate to another document.
THIS CERTIRCATE Title or Type of Documentz�--c-
MUST BE ATTACHED Number of Pages ✓� Date of Document
TO THE DOCUMENT �/- 22
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above '1&Wr 1 G "9 ci' /� 44f ' 2adAn�e
7120019 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • PO. Box ]180. Canoga P *,0 91304-7184
0 0
CORPORATE ACKNOWLEDGMENT
State of California
County of Orange
NO, 202
On this the 7th day of August 199, before me,
} SS.
11 Cheryl A. Johnson
the undersigned Notary Public, personally appeared
Gary L. Hausdorfer
OFFICIAL SEAL
CHERYL A. JOHNSON
m s'� NOTARY PUBLIC -CALIFORNIA
ORiF11GE CJ'JN79
fAy comm. expires D'C 13, 1543
M personally known tome
proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrumen a
Ma or tl�u>isici al
y or on behalf pf the%orporatiDn therein
named, and acknowledged to me that theyorporalignxecuted it.
WITNESS my hand and official seal.
71eo 112 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • PO. Boz 4625 • woodland Hills, CA 91365-4625
4 AGENDA ITEM August 7, 1990
TO: Stephen B. Julian, City Manager
FROM: Ray Wellington, Interim Director, Engineering and Building Services
SUBJECT: License Agreement for the Construction of a Stepped Decorative
Concrete/Brick Patio and Placement of Landscaping Over a City Storm
Drain Easement - Lot 72, Tract 7673 (Miller/Klein)
SITUATION
Bradford H. Miller and Lynn C. Klein, owners of property located at 27662 Paseo Barona,
are proposing to construct and maintain a stepped decorative concrete/brick patio and
landscaping, over and across a City storm drain easement which is located on their
property. An 42" diameter strom drain was constructed in the easement during
construction of the public improvements for Tract 7673. Staff concurs that it is
appropriate for this placement to be permitted over the storm drain and easement in
accordance with the attached License Agreement. The License Agreement retains the
City's rights to access and maintain the storm drain facility and places the burden of any
repairs to the patio and replacement of landscaping with the property owner. A copy
showing the lot and easement location and, a detail sheet of the proposed improvements
are attached.
NOTIFICATION
Adjacent Property Owners
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
None Required
FINANCIAL CONSIDERATIONS
None
ALTERNATE ACTIONS
1. By motion, authorize the Mayor and City Clerk to execute said Agreement and
authorize the City Clerk to forward the Agreement to the Orange County Recorder
for Recordation.
2. Do not authorize the Mayor and City Clerk to execute said Agreement.
3. Refer to staff for further information.
FOR CITY COUNCIL AGENw
AGENDA ITEM • •
Aujgust 7, 1990
Page 2
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the license Agreement
between Bradford H. Miller and Lynn C. Klein and the City, and authorize the City Clerk
to forward the Agreement to the Orange County Recorder for Recordation.
Respectfully submitted,
R ellington
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Agenda Item - August 7, 1990
License Agreement for the Construction of a Stepped
Decorative Concrete/Brick Patio and Placement of Landscaping
Over a City Storm Drain Easement - Lot 72,
Tract 7673 (Miller/Klein
Bradford Miller
27662 Paseo Barona
San Juan Capistrano, CA 92675
Donald E. Frey
27672 Paseo Barona
San Juan Capistrano, CA 92675
Daniel N. Volini
27661 Paseo Barona
San Juan Capistrano, CA 92675
August 9, 1990
Mr, Bradford Miller
27662 Paseo Barona
San Juan Capistrano, California 92675
Re: License Agreement
Dear Mr. Miller:
At their regular meeting held August 7, 1990, the City Council of the City of San
Juan Capistrano approved the License Agreement allowing use of a portion of an
existing City easement to construct and maintain a decorative concrete/brick
patio and landscaping on Lot 72 of Tract 7673. A fully -executed copy of the
License Agreement is enclosed for your files. The original Agreement has been
forwarded to the Orange County Recorder.
If you have any questions, please let us know.
Very truly yours,
Cheryl JohnsonG
City Clerk
Enclosure
cc: Donald Frey
Daniel Volini
Director of Engineering and Building Services (with copy of agreement)
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
,Joe*
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(71
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
q1
LAWRENCE F. BUCHH EIM
KENNETH E. FRIESS
nlGlrpin�9
1961
GARY L. HAUSDORF ER
141610
177776
PHILLIP R. SCHWARTZE
•
CITY MANAGER
(I
STEPHEN B JULIAN
Mr, Bradford Miller
27662 Paseo Barona
San Juan Capistrano, California 92675
Re: License Agreement
Dear Mr. Miller:
At their regular meeting held August 7, 1990, the City Council of the City of San
Juan Capistrano approved the License Agreement allowing use of a portion of an
existing City easement to construct and maintain a decorative concrete/brick
patio and landscaping on Lot 72 of Tract 7673. A fully -executed copy of the
License Agreement is enclosed for your files. The original Agreement has been
forwarded to the Orange County Recorder.
If you have any questions, please let us know.
Very truly yours,
Cheryl JohnsonG
City Clerk
Enclosure
cc: Donald Frey
Daniel Volini
Director of Engineering and Building Services (with copy of agreement)
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171