1994-1214_PIERCE , RICHARDS / LINDA_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
Refr: 30841 Steeplechase Drive
LICENSE AGREEMENT
Lot 118 of Tract 6305
A.P. No. 650-341-01
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THIS LICENSE AGREEMENT is made this 6th day of December, 1994, by and
between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and Richard
A. Pierce and Linda L. Pierce, hereinafter referred to as 'Property Owners".
Recitals:
This License agreement affects title to and runs with the land with respect to
Subdivision Tract Map 6305, City of San Juan Capistrano, County of Orange, more particularly
described in Exhibit A, attached and incorporated herein by reference.
City and Property Owners mutually resolve as follows:
Grant of License.
City hereby grants to Property Owners a license right to use a portion of an
equestrian easement for the purpose of placing and maintaining a retaining wall, located on land
within that certain subdivision tract known as Tract 6305, located within the City of San Juan
Capistrano. The location of the easement is set forth in Tract Map 6305, on file with the Engineering
Division of the Engineering and Building Department. Property Owners will place the portion of
the retaining wall in the easement area under the direction of the Director of Engineering and
Building.
2. Hold Harmless.
Property Owner shall hold City harmless from any and all claims or liability
which may arise during the course of construction and maintenance of the retaining wall in the
equestrian easement.
4
`Z
City Control of Retaining Wall in Equestrian Easement.
City reserves the right to, at any time, cause the removal of the portion of
retaining wall in the equestrian easement. Any cost of removal of the Property Owner's retaining wall
in the equestrian easement shall be a cost borne by he Property 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.
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 6th day of December, 1994, at San Juan Capistrano.
CITY OF S JUAN CAPISTRANO
By
ollen ampbe 1, Mayor
A. PIERCE
PIERCE
AT
'IL
CHERYL J0164SOK, CITY CLERK
APPROVED AS TO FORM:
, '1- axA
C Y ATTORNEY I/ J/ F /9�/
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of '\. -�o v v� ; c,—
County of Os a nq
•
No. 5907
On kvo-_t>99y before me,�o, t,� L . � oa s A k)&kay„ p��l
) 11) E NAME, TITLE OF OFFICER - E.G., VKINE IfOE, NOTARY PUBUQJ
personally appeared'. 6"O'V� k- � k A Vj'a' L_ Qi '� e"' sL
NAMES) OF SIGNER(S)
❑ personally known to me - OR - M proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Ware
subscribed to the within instrument and ac-
knowledged to me that hQ�she/they executed
the same in 4W74f @ /their authorized
capacity(ies), and that by h/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
ROB RTA L. BABBAGE
aQii,; C Pubic Coli9 = Notary Public 1 04959 rnio a
ORANGE COUNTY SIGNATURE OF NOTARY 10
My Comm. Expires SEP 22. 1997
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
lam. ca,, A- 41/uer✓na-may
TITLE OR TYPE 00 DOCUMENT
NUMBER OF PAGES
60dv-I_2.19`"0
DATE 6F DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
®1993 NATIONAL NOTARY ASSOCIATION - 8236 Rennet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
December 8, 1994
Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92702
Re:
Gentlemen:
see
�,.� IAllAlllllll
I�wull 1961
1776
• on
The following document is enclosed for recordation:
MEMBERS OF THE CRY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSOORFER
GIL JONES
CAROLYN NASH
JEFF VASQUEZ
GITY MANAGER
GEORGE SCARBOROUGH
License Agreement between City and Richard and Linda Pierce for Lot 118 of
Tract 6305
A check in the amount of $17.00 is enclosed to cover the cost of recording. When placed of
record, please return said document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording
on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your
earliest convenience.
Thank you for your cooperation.
Very
truly yours,
k4-t-�
Cheryl Johnson
City Clerk
Enclosure
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32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 498.1171
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License Agreement between City and Richard and Linda Pierce for Lot 118 of
Tract 6305
A check in the amount of $17.00 is enclosed to cover the cost of recording. When placed of
record, please return said document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording
on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your
earliest convenience.
Thank you for your cooperation.
Very
truly yours,
k4-t-�
Cheryl Johnson
City Clerk
Enclosure
'"nt3PY
ii201'1 itatrli
Document Numbe/r/✓'_ q7 -U%1a%C/oZ
Date ,✓ � , - / �7 -y
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 498.1171
0
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1776
December 6, 1994
Mr. and Mrs. Richard Pierce
30841 Steeplechase Drive
San Juan Capistrano, California 92675
Dear Mr. and Mrs. Pierce:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
GILJONES
CAROLYN NASH
DAVID SWERCLIN
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of December 6, 1994, the City Council of the City of San Juan Capistrano approved
the License Agreement for construction of retaining walls in a portion of an equestrian easement. A
fully -executed copy of the Agreement is enclosed for your files. The City's copy has been forwarded
to the Orange County Recorder's Office for recordation.
Please contact Cathleen DuCoing if you have any questions.
Very truly yours,
Cheryl Johnso
City Clerk
Enclosure
cc: Engineering and Building Director (with copy of Agreement)
Cathleen DuCoing (with copy of Agreement)
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
:_•1:• : Wei al v(s) 1 a rVAYROMM"MIe •: RATI news• 9
As set forth in the Report dated December 6, 1994, from the Director of Public Lands and
Facilities, the specifications were approved for the 1995 Weed and Rubbish Abatement
Program. Staff was authorized to call for bids.
7. APPROVAL AND AUTHORIZATION TO EXECUTE A LICENSE AGREEMENT
RELATING TO PROPERTY LOCATED AT 30841 STEEPLECHASE DRIVE
LOT 118. TRACT6305 (PIERCE) ; (600,30)
As set forth in the Report dated December 6, 1994, from the Director of Engineering and
Building, the License Agreement between Mr. and Mrs. Richard A. Pierce and the City was
approved to permit a portion of the retaining walls to be constructed within the City's
equestrian easement. The Mayor and City Clerk were authorized to execute the License
Agreement, and the City Clerk was directed to forward the Agreement to the County
Recorder.
,: • . _CSI► : �' • • _ • • M. I• • : uIl► • •
• • : ' • :_ • ' LI►I• Mrd • ' / • 1 ► • : M.
1 1
As set forth in the Report dated December 6, 1994, from the Director of Engineering and
Building, the following Resolution was adopted removing parking restrictions on the north
side of Camino Del Avion from Alipaz Street to 1400 feet west, and on the east side of Del
Obispo Street from Windjammer Drive to 430 feet north, in order to increase available
parking for Del Obispo Elementary and Marco Forster Middle School:
RESOLUTION NO 94-12-6-2_ESTABLISHING "NO PARKING" ZONES
- CAMINO DEL AVION - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING" ZONES ON THE SOUTH SIDE OF
CAMINO DEL AVION FROM DEL OBISPO STREET TO ALIPAZ
STREET; ON THE NORTH SIDE OF CAMINO DEL AVION FROM DEL
OBISPO STREET TO 440 FEET EASTERLY; AT THE TWO SPECIFIC
DRIVEWAY LOCATIONS; AT THE CROSSWALK AT AVENIDA
DESCANSO; AND, RESCINDING RESOLUTION NO. 87-9-29-8
Funds in the amount of $20,500 were appropriated from Systems Development funds for
removal of paint from curbs, removal and restriping of lane lines, messages, double -yellow
median, and tree trimming on Camino Del Avion. Staff was directed to reduce the following
Capital Improvement Projects to accommodate the funds necessary to complete the work:
City Council Minutes 4- 12/6/94
AGENDA ITEM December 6, 1994
TO: George S. Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Approval and Authorization to Execute a License Agreement (Pierce 30841
Steeplechase Drive- Lot 118- Tract 63 05)
RECOMMENDATION
By motion:
Approve the License Agreement between Mr. and Mrs Pierce and the City of San Juan
Capistrano;
Authorize the Mayor and City Clerk to execute the License Agreement between Mr. and Mrs.
Pierce and the City of San Juan Capistrano; and,
3. Authorize the City Clerk to forward the License Agreement to the Orange County Recorder.
SITUATION
Mr. and Mrs. Pierce, owners of Lot 118 of Tract 6305, are in the process of constructing a residence
on their property located at 30841 Steeplechase Drive in the Hunt Club. The Pierces have submitted
a plan for the construction of retaining walls, a small portion of which is proposed to be located in
the equestrian easement.
Staff has reviewed the plan for the placement of the retaining wall and is proposing that the Council
approve the execution of the License Agreement.
FOR CITY COUNCIL AGEN % /�
AGENDAITEM
December 6, 1994
Page 2
Lot 118, owned by Mr. and Mrs. Pierce, is located north of Ortega Highway in the Hunt Club, Tract
6305.
The property owners are in the process of constructing a residence on their property located at 30841
Steeplechase Drive. A plan has been submitted to the City for the construction of retaining walls, a
small portion of which is to be located in the equestrian easement. The placement of the wall in the
easement does not conflict with the equestrian trail as the trail is not located in this portion of the
easement but is located to the west of the Hunt Club tract boundary and within El Nido Mobile Home
Park.
Staff has reviewed the plan for the construction of the retaining wall in the easement and is
recommending that the Council approve the execution of the License Agreement. The License
Agreement retains the City's right to cause the removal of the retaining wall in the easement in the
event future improvements conflict with the wall's placement. Any costs of removal would be borne
by the property owners.
RK-003MII • : • • ' • ' 1 • 31 IS 1021 owl i Win
None
FINANCIAL CONSIDERATIONS
None
NOTIFICATION
Adjacent Property Owners
ALTERNATE ACTIONS
1. Approve the License Agreement between Mr. and Mrs. Pierce.
2. Do not approve the License Agreement.
3. Refer to Staff for additional information.
AGENDAITEM
December 6, 1994
Page 3
RECOMMENDATION
By motion:
1. Approve the License Agreement between Mr. and Mrs Pierce and the City of San Juan
Capistrano;
2. Authorize the Mayor and City Clerk to execute the License Agreement between Mr. and Mrs.
Pierce and the City of San Juan Capistrano; and,
3. Authorize the City Clerk to forward the License Agreement to the Orange County Recorder.
Respectfully submitted
William M. Huber
-g/ WMH/TGS:cdc
Attachments: Location Map
Work Area Map
License Agreement
Prepared By:
Cathleen A. DuCoing,
Project Manager
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EL NIDO
MOBILE HOME
PARK
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LOCATION MAP / /�
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Trail
3' wide v -ditch
EL NIDO MOBILE HOME PARK
Area of Equestrian
Easement encroached
into by retaining
wall
WORK AREA MAP
E
3' wide v -di
20'"Equest.
Trail Esmt.
1
20' Equest
Trail
Estm.
1
Property Line
retaining
wall
LOT 118
TRACT 6305
0
0
a