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1991-0702_OLSEN , K / S_License AgreementRECORDING 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 91-348529 0 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA PMS JUL 5 1991 $13.00 r4 Q.�4+� RECORDER I C10 I LICENSE AGREEMENT Lot B, Subdivision Tract Map 12954 A.P.No. 650-601-04 THIS LICENSE AGREEMENT is made this 2nd day of July 1991, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and Kenneth K. Olsen and Susan R. Olsen, hereinafter referred to as "Adjacent Property Owners" (Lot 80, Subdivision Tract Map 12954 A.P. No. 650-602-08). Recitals: This License Agreement affects title to and runs with the land with respect to Lot B, Subdivision Tract 12954, 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: Grant of License. City hereby grants to Adjacent Property Owner a license right to use a portion of Lot B'Subdivision Tract 12954, for the purpose of constructing and maintaining a garden retaining wall and landscaping on Lot No. 80 of that certain subdivision tract know as Tract 12954, located within the City of San Juan Capistrano. The location of Lot B is set forth in Tract Map 12954, on file with the Engineering Division. Improvements to be constructed by Adjacent Property Owner shall be placed in accordance with directions of the Director of Public Land and Facilities. 2. Hold Harmless. Adjacent 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 Garden/Retaining Wall and Landscaping. 0 License Agreement 00M 0 July 2, 1991 3. City Control of Garden/Retaining Wall and Landscaping Locations. City reserves the right to, at any time, cause the relocation of the Garden/Retaining Wall and Landscaping in the event the City reconstructs the existing drainage structures. Any cost of relocation of the Property Owner's Garden/Retaining Wall and/or landscaping occasioned by the drainage structure reconstruction shall be a cost borne by the Property Owner. Any damage to the Property Owner's Garden/Retaining Wall/or landscaping arising from maintenance or repair of the drainage structure shall be a cost borne by said Owner. Successors in Interest. The License Agreement shall insure to and be binding on the heirs, successors, executors, administrators, and assignees of the Adjacent 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 adjacent Property Owner and City. DATED this 2nd day of July, 1991, at San Juan Capistrano. CITY OF SAN JUAN CAPISTRANO b KENNETH F ESS, Mayor ATTEST: KENNETH I. OLSEN / • • 0 0 License Agreement -3- July 2, 1991 APPROVED AS TO FORM: THOMAS P. CLARK JR. ty Attorney wp50\mm-ip\licagr5.91 0 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 B OF TRACT NO. 12954 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 597, PAGES 1 THROUGH 34 INCLUSIVE OF MISCELLANEOUS MAPS, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXHIBIT A GENERAL ACKNOWLEDGMENT State County of OFFICIAL SEAL MARYLIN WOOD -MILLER NOTARY PUBUC- CALIFORNIA ORANGE COUNTY My Comm. Expires July 12, 1991 On this SS. o the A10461 day of Notary Public, personally appeared 19�before me, -:] personally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNFSS rn Ahanri and offirial coal NO. 201 THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages ----Date of Document TO THE DOCUMENT"-" — DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Nrnura CORPORATE ACKNOWLEDGMENT State of } County of ®��SS. )) OFFICIAL SEAL CHERYI A. .30HhJ-ON NOTARY PUBLIC - CALIFORNIA ORWNGE COUNTY MY COMM expires DEC 13, 1993 NATIONAL NOTARY ASSOCIATION -a Remmet Ave. • rU. flex 1184 • Canoga Yam, ( 91 S flim On this tW�-42Lday of (T/� 19�, before me, the undersigned Notary Public, personally appeared personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person* who execut t e win ins un, as t �,,,, n4n ,af)•arlo avlturlfu ccon..,,..blpjf of thyorore{ionthe�ein named, and acknowledged o me that the pi5rporatiorf execut2t.-P WITNESS my hand and official seal. ATTENTION NOTARY: AMo gh the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another docurn�:A. THIS CERTIFICATE Title or Type of Document AGe-ngc AQY.-m�� 1r1f _6/ So" 9,C MUST BE ATTACHED Number of Pages— Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above �^ 5a.n v- /s&r, nr D/seo�? 0 NATIONAL NOTARY ASSOCW1pN.82%Ramlat Are.. P.O. Box 7184-Ceno9e Perk, CA 913047161 0 July 3, 1991 Mr. Kenneth K. Olsen 32781 Mermaid Circle Dana Point, California 92629 Re: License Agreement Dear Mr. Olsen: dwaa mlo,ro,ano ul�unem � 1961 1776 MEMBERS OF THE CITY COUNCIL LAWRENCE F SUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER GIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN B. JULIAN At their regular meeting held July 2, 1991, the City Council of the City of San Juan Capistrano approved the License Agreement with you for construction of a garden retaining wall and landscaping across land dedicated to the City as part of the Helicopter Hill Park site. A fully -executed copy of the Agreement is enclosed for your files. The Agreement has been forwarded to the Orange County Recorder. If you need any further information, please let us know. Ver truly yours, Cheryl Joh on City Clerk Enclosure cc: Director of Public Lands and Facilities Dick Bobertz 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 �9. 10. 3 L OF RNIA, AND S A OF OF THE _'10BLIC ST E , SEWER, AN STO DRAINS 1 N PRI TE STREETS CTS 12735, 128 , 12826, 1 82 , AND 12831 ( NFED DEVELO >fXe oln accepted th ork as complet d directed the Ceo forward a o ice of Compl io to the County Rtaff wa uth rized to ease a bonds for Lnd Ma , Perfo ce Monumentation thirty - f5) days after recording the Notice of Completion. LICENSE AGREEMENT FOR CONSTRUCTION OF WALL AND LANDSCAPING As set forth in the Report dated July 2, 1991, from the Director of Public Lands and Facilities, the License Agreement between the City and Kenneth K. and Susan R. Olsen, owners of Lot 80, was approved for the construction and maintenance of a garden/retaining wall and landscaping to screen their view of concrete drainage structures at the Helicopter Hill Park Site. The Mayor and the City Clerk were authorized to execute the Agreement on behalf of the City, and the City Clerk was directed to forward the Agreement to the County Recorder for recordation. As Xsebyrthinth Repo t dated my 2 1991, Dirf Engine ing dBuildi , a r ommend�be ed to e T nsnortati Corr' or Aced r Corridor As set 0 Assistant ew (RESCO fe for rig: a n Joaquin n excess of The credit sh as determin and the de ectven a •way' dedica ,gityIs n equal to mutual a Cions 11 'y to ave it agrainst 2ly to orridor tion Lue of the t of the Report d—at ed July 2, 1991, from the , the Attorney -Client Fee Contract was -5- 7/2/91 • 0 AGENDA ITEM July 2, 1991 TO: Stephen B. Julian, City Manager FROM: Ron Sievers, Director of Public Land and Facilities SUBJECT: License Agreement for Construction of Wall and Landscaping Over City Parkland - Helicopter Hill Parksite adjacent to Lot 80. Tract 12954 (Olsen) SITUATION Kenneth K. Olsen and Susan R. Olsen, owners of property located at 30521 Via Ventana are proposing to construct and maintain a garden/retaining wall, and landscaping across approximately 900 square feet of land dedicated to the City as part of the Helicopter Hill Park Site. The property is immediately adjacent to residential lot 80 at the base of Helicopter Hill and is separated from the rest of the Helicopter Hill Park Site by a concrete headwall, apron and downdrain. Because of the separation of the land from the park site by the concrete drainage structures, utility of the land for park purposes is effectively eliminated. The owners of lot 80 wish to use the land for a wall and landscaping to screen their view of the concrete drainage structures. Staff concurs that it is appropriate for this placement to be permitted over the park site in accordance with the attached License Agreement. The License Agreement retains the City's rights to access the land and places the burden of any repairs to the wall and landscaping with the owner of lot 80. Diagrams of the area of proposed license agreement, lot 80 and proposed landscaping 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 CRY COUNCIL AGEN., /�- AGENDA ITEM July 1. 1991 Page 2 By motion, authorize the Mayor and City Clerk to execute the license agreement between Kenneth K. Olsen, Susan R. Olsen and the City, and authorize the City Clerk to forward the Agreement to the Orange County Recorder for recordation. Respec ully submitted, Ron Sievers Director of Public Land and Facilities GDB/591-4 .q 0 Z-) (U w r N u pq J L7 II w IL V) �Fi ~ xZ 13 u W J Lil Q J z a W Q CL J :`: z lJ c W c� n u N m LFJ N F ca Cl) z z� 0 o wa ZD 0 43 5' LLJ �� � \ / W Z \ Qmzz o C3R'6cu��•e2'• \ A w Cr, J _ y of ""z x L r c7 J L7 o JN �Fi xZ J W Ill z W �� J :`: z lJ c W c� n oo a N m LFJ LLJ F ca Cl) z z� 0 o wa U:.... xwQ1� N W n i, LJ W IL L� a- LLJ �� � \ / W Z \ Qmzz o C3R'6cu��•e2'• \ A w Cr, J _ y of ""z x L l+ 4 1 ti LU _l s z 5 i l+ 4 1 ti ~�1 i n t i t 1 l+ 4 1 ti PLAT FOR LICENSE LOT 80, TRACT 0 AGREEMENT 12954 z 1 i ZCc r LOT B TR 12954 OPEN SPACE Exp. 12/31/92 * OF HEADWALL FOR `�4' RCP /��EDGE CONCRETE APRON / \ N WEST 28.98' / a+" AREA OF LICENSE AGREEMENT N7S43'DO•y 38.50' / / 20' WO]E / Ae STORM /BRAIN BRANENT s SCALE V = 30' / av LOT 80 m TR 12954 / p / EXISTING RESIDENCE •• � 34913' \ R- ♦BOOP` i z 1 i ZCc r LOT B TR 12954 OPEN SPACE Exp. 12/31/92 * OF 4 op' "W 1 0 • Agenda item - May 21, 1991 License Agreement for the Constuction of a Garden/Retaining Wall and Placement of Landscaping Lot B, Tract 12954 (City of San Juan Capistrano) Kenneth K. Olsen Susan R. Olsen 32781 Mermaid Circle Dana Point, Ca 92629 Michael D. Roy 30511 Via Ventana San Juan Capistrano, CA 92675 Tsuyoshi Ohki 27064 Silver Moon Lane Rancho Palos Verdes, CA 90274