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:
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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
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OF THE
_'10BLIC ST E , SEWER, AN STO DRAINS 1 N PRI TE
STREETS CTS 12735, 128 , 12826, 1 82 , AND
12831 ( NFED DEVELO
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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
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equal to
mutual a
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'y to ave
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Lue of the
t of the
Report d—at ed July 2, 1991, from the
, the Attorney -Client Fee Contract was
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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
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PLAT FOR LICENSE
LOT 80, TRACT
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AGREEMENT
12954
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LOT B
TR 12954
OPEN SPACE
Exp. 12/31/92
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FOR `�4' RCP
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APRON
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LICENSE AGREEMENT
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BRANENT
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SCALE V = 30' /
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LOT 80
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TR 12954
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Exp. 12/31/92
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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