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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 It O?! 1! Y! �2tPWn 14* - DEC -1"14 14 0 ,cy PM Karr-rUed i'.. _iffiri�l ¢'wrr,rd5 ui (ii 311E i.Cuiiiy. LalifOrn:a Lee ipiln'iy RNr.^.rder " Ya i of 4 FSa t 14.40 Tax: J C.i�i; 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 '"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 -n < = c cn z 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 �/ IA14x11AAl[0 uluutxll 1961 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 rj //G iia //5 \\ 1 \ WOOZ0� x EL NIDO MOBILE HOME PARK I I I 1 I I I ll 1 1 1 LOCATION MAP / /� 0 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