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1981-0707_POWELL , KEITH_Agreement ray? 1 BK 1 41 39PO 1 355 AE ORDI33G EQUES. Y AND ExuAPT RECORDI EES EXEMPT DUE TO z WE$N RECORD R TO: C12 GOVERNM 1' CODE SECTION 6103 City of San Juan Capistran Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Y ANN NOV R, City Clerk San Juan Capistrano, California 1dbNf41&MODIAN AGREEMENT FOR WALL ENCROACHMENT -I204 PM JUL 14 '81 INTO CITY Sj1,')RM DRAIN EASEMENT LEE A. RROCM R� THIS AGREEMENT, made entered into this 7th day of July, 1981 by and betwe=en the City of San Juan Capistrano , he)-o; nafter referred to as "CITY" and Mr. Keith L. Powell , and hereinafter referred to as "OWNL;fZ" . W I T N E S S E T H: WHEREAS , OWNER owns Lot 2 of 'Tract 9373 recorded co Book 411 mages 4 through 10 , inclusive of Miscellaneous Mapi.�� of the County Recorder, County of Orange; and, p r � T WHEREAS, CITY owns a storm drain easement over -tire southerly twenty feet of said Lot 2, which contains a 54. iri-�,h A p diameter storm drain pipe; and m WHEREAS, OWNFR, without permission of CITY, has wilt i a decorative masonry block wall across CITY' s easement and above rTT1" c (Ira-in- NOW, THEREFORE, it is mutually agreed by and between CITY and OWNER as follows: 1. CITY shall giant OWNER a permit to maintain said wall in CITY' s easement subject to the terms and conditions hereinafter set forth. 2 . OWNER agrees to provide and maintain openings of a minimum cross sectional area of six (6) square feet at the base of the wall. at both the easterly and westerly boundaries of said Lot 2. The opening shall insure that surface drainage in CITY' s easement is not diverted. onto Lot 3 of Tract 9373 and passes across OWNER' s Lot 2 of Tract 9373 . 3 . OWNER further agrees to pay CITY' s cost and provide approval of removing the wall From said storm drain easement if said Openings are not constructed by 5:00 p.m. September 30 , 1981. 4. OWNER shall be soleyresponsible for said storm drain from any damage arising from the placement of the wall and within CITY' s easement. OWNER agrees, moreover, to bear the expense of removing said wall for any repair or maintenance to the pipeline required by the City. 5. OWNER agrees to hold CITY harmless from any and all claims arising from the placement of the wall in CITY's easement. 14139Po 135U 6. OWNER agrees that the right granted herein is subservient to the CITY' s easement and that OWNER benefits from the placement of the wall thereon; this agreement shall accordingly, run with the land and be binding upon the OWNER, their heirs , successors and assigns. CITY OF SAN JUAN CAPISTRANO Y B L aim PHILLIP R. SCHWARTZE, MAYO ATTEST: MARY ANN, OVER, CITY CLERK OWNER By KEITH POW ML p By 9 APPROVED AS T,O(e FORM: (WES S. OKAZAKI, CC7Y ATTORNEY p -2- r' 4 PG357 . State of California On this the 3Othday of J` 1981 before me, ss County of Orange . the undersigned Notary Public, personally appeared 111 KEITH L. POWELL OFFICIAL SEAL known to me to be the person(s) whose name(s) i s subscribed RUTH E MAROUARD to the within instrument and acknowledged that he 1! i. o •^ NOTARY PUBLIC CALIFORNIA ` ORANGE COUNTY executed the same for the purposes therein contained. a •' My comm. expires MAY 23, 1984 '� IN WITNESS WHEREOF, I hereunto set my hand and official seal. r GENERAL ACKNOWLEDGEMENT FORM l STATE OF CALIFORNIASL ) Orange )} COUNTY OF g City of San Juan Capistrano ON July 7 ig81 before me, the undersigned, a Notary Public in and for the said State, personally appeared Phillip R. Schwartze , known to me to be the Mayor of City of San Juan Capistrano Municipal th�ratiun that executed the within Instrument, 6nov;n to me to be the persons who executed the, within Instrument, nn orhalf of the Corporation herein named, and acknowfudged OFFICIAL SEAL to me that such Corporation execeted the within Instrument pursuant to its oy laws or a ' MARY ANN HANOVFR t resolution of its board of directors. o NOTARY PUBLIC r•ALW0PN)A I WITNESS my hand and official seal. ORANCI COUNTY My comm. expi_:'s '?P 79, 1984 Notary Public in and for said Stare. ACKN01flCOGMENf—Corp.Pref. A$ac—Wnlcotlt fmm 716--Per. 761 STATE OF CALIFORNIA ) COUNTY OF Orange 3 u City of San Juan Capistrano ON July 7 ig 81 before me, the undersigned, a Notary Public, in and for the said State, personally appeared i Mary Ann Hanover known to me to be the City Clerk of_City of San Juan Capistrano OFF'T( F,AL Municipal RUTH E VARI�I}AR� (h nr ortinn that executed the It4lhin Instrument, knovrr to rn. o be the m:A;j 'ARY 01/11 IC CAP,r"PARA p 1 persons who executed the witlan Instrument, on behalf cf the Corporation heroin named, and acknowledged ORANGE COUNTYto me that such Cor oration execuied the within Instrument ufsuant to its b laws of a y comm. expires MAY 23, 1984 p p y resolution of its board of ducclors. WITNESS my hand and official seal. liol�uhli�dfole. RCY.I:OWIF UCMr Nf-Cmp.—fm>. d SeC—Wnl<oid form72&-Rev.364 6 1 lirw- �r2rr rJ Yrrii� '32dOO PASEO ADELANTO SAN JUAN CAPISTRANO.CALIFORNIA 92675 PHONE 493.1171 July 9 , 1981 Keith Powell 28302 Paseo Establo San Juan Capistrano, California 92675 Re: Block Wall Over City Storm Drain Easement Dear Mr. Powell : At their meeting of July 7 , 1981, the City Council took action to approve the enclosed Agreement regarding the above subject matter. The original Agreement has been sent to the Orange County Recorder ' s Office . If you need further information, please do not hesitate to give me a call. Very ytruly yours, MARY ANN HANOVER, CMC City Clerk MAH:ol Enclosure cc: Director of Public Works • 0 7. AGREEMENT TO MAINTAIN DECORATIVE BLOCK WALL OVER CITY STORM DRAIN EASEMENT, PASEO ESTABLO, LOT 2, TRACT 9373 POWELL) ✓(38) Written Communications: (85) 1) Report dated July 7, 1981, from the Director of Public Works submitting an Agreement to permit the retention of a block wall across a City easement. A roval: It was moved by Councilman Nausdorfer, seconded by cvuncrl- man Buchheim, and unanimously carried to approve the Agree- ment with the owner, Keith L. Powell, 28302 Paseo Establo, for private maintenance of a decorative block wall over the City drainage easement on Lot 2 of Tract 9373, and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 7/7/-9i AGENDA ITEM July 7, 1981 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement to Maintain Decorative Block Wall Over City Storm Drain Easement, Paseo Establo, Lot 2 Tract 9373 (Powell) SITUATION Staff is requesting approval of an agreement to permit a block wall across a City easement. The easement in question is adjacent to the equestrian trail at the southerly boundary of Tract 9373 (Patrick) and was the subject of concern by the Allen family in 1980 . The wall was constructed across the easement without a permit, and the agreement calls for obligations and corrections to the wall allowing for City maintenance and drainage . A map is attached indicating the wall location. FINANCIAL CONSIDERATIONS The provisions of the agreement require that the property owner pays for the removal of the wall and repair to the storm drain, if necessary. ALTERNATE ACTIONS 1. Approve the agreement. 2 . Deny the agreement and require removal of the wall. 3. Direct that the agreement be modified. RECOMMENDATION By motion, approve the agreement for private maintenance of a decorative block wall over the City drainage easement on Lot 2 of Tract 9373 and authorize the Mayor and City Clerk to execute the document on behalf of the City. Respectfully submitted, /, #4 W. D. Murphy WDM:GML/rem Encl. FOR CITY COUNCIL AGENDA17 X to. 41 �. v r� r Clio SLOCk <1 �✓ w,a LL f E©oESTR jA nl FENCE i _ r C � I TN E.os,Emi�ivr