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1990-0807_MILLER , BRADFORD H_License Agreement0 90-452611 M$13.00 C13 E 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 0 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, ` q / 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 - S f4v0 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 /CDC:cdc .. = 3a o� • it .►�...d_SY07'3O "LaN7j.n . ,�:5707'30" L• 3�l.3S' ag•R 7[;. Aw 'ss —4 i O 4=/7,71%0" _'>• M L -/04& Off 77 N \ 2 \ ,V., 00000"W. 4/00' /.00• TO.00 y403' J. sdc 9 &:j Pi a'ip fouvo�-/. p TACG�O�.T.CE AM�oS fYT TI►i�cT 9 9Z W Y T., P•J• Yq- WA 2a' s3 yob d Pat m 750p0`' �d V A� 6 x N.�♦��2�y 7Gt00 70 73 oQ. 4A / 72 ti \ N \3 cv 3ram/Y Dw v C/rY aw's CSP/S r"q mvo 6 00 7 P/ NO dp /Lc)� -7P, T2.-)03 v C C c Y% 0 P 0 r- lot � 1 p+ - ,J m N W � _ � 1 p+ - 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* L (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