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1994-0215_PASEO CAPISTRANO ASSOCIATES_License Agreement• RECORDING 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 DOC # 94-02k? � ct 07—APR-1994 0 :`_:c, PM ReWded In Official Records of Orange coilnty, L'al.forn.a Leo A. Ar3n,_r, l;nr�nly {,,afnr,�or Page I of 4 Fees: 4 Tax: Refr: Portion Paseo Capistrano Home Furnishing Center, A.C. 88-8 (old Capistrano Gardens site) LICENSE AGREEMENT Portions of Lot 31 of Tract 103 A.P. Nos. 668-241-11 and 668-241-12 THIS LICENSE AGREEMENT is made this "/A day of Y r , 1994, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referr to as "City", and Paseo Capistrano Associates, hereinafter referred to as "Property Owner". Recitals: This License Agreement affects title to and runs with the land with respect to Subdivision Tract Map 103, 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: 1. Grant of License. City hereby grants to Property Owner a license right to use portions of City sewer and storm drain easements for the purpose of placing and maintaining private electrical and telephone lines to provide service to the commercial structures located on land within that certain subdivision tract known as Tract No. 103, located within the City of San Juan Capistrano. The location of the City easements are set forth in the easement deeds for sewer purposes and for storm drain purposes, on file with the City Clerk's Office. The easements are further described as follows: Easement for sewer purposes, recorded as Document No. q4 -015i 5oq Pages , Book ; and, easement for storm drain purposes, recorded as Document No. 9W7—D 2-0 Z 7,5 , Pages , Book I . Property Owner has placed private electrical and telephone service lines under the direction of the Director of Engineering and Building in the easement areas. 2. Hold Harmless. Property Owner shall hold City harmless from any and all claims or liabilities which may arise during the course of placement and maintenance of the private electrical and telephone service lines. 0 0 City Control of Private Electrical and Telephone Service Line Locations. City reserves the right to, at any time, cause the relocation of the private electrical and telephone service lines in the event the City reconstructs the existing 8" VCP sewer line and/or the 24" RCP storm drain within said easements. Should such a reconstruction occur, City shall provide for alternate site locations within the easements areas so that the Property Owner's private electrical and/or telephone service remains uninterrupted. Any cost of relocation of the Property Owner's private electrical and/or telephone service lines occasioned by the reconstruction of the 8" VCP sewer line and/or 24" RCP storm drain shall be a cost borne by the Property Owner. If, during the course of placement or maintenance of the private electrical and/or telephone service lines, the sewer and/or storm drain is damaged by the Property Owner, the repair and/or replacement shall be a cost borne by the 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. 5. 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 15th day of February, 1994, at San Juan Capistrano. ATTEST: CHERYL JOHNSON, C ITY CLERK CITY OF CAN JUAN CAP ISTRANO by OLLE M LL, MAYOR PASEO CAP ISTRANO ASSOCIATES A JOINT VENTURE tiii: &TM, LICENSE AGREEMENT LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE AND IS DESCRIBED AS FOLLOWS: PARCEL C: THOSE PORTIONS OF LOT 31 OF TRACT NO. 103, IN THE STATE OF CALIFORNIA, CITY OF SAN JUAN CAPISTRANO, AS SHOWN ON A MAP FILED IN BOOK 11, PAGES 29 THROUGH 33 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED MAY 5, 1957 IN BOOK 3900, PAGE 208 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING IN THE SOUTHWESTERLY LINE OF SAID LOT, DISTANCE NORTH 41- 37' 00" WEST 718.42 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT, AND RUNNING THENCE SOUTH 410 37' 00" EAST, ALONG SAID SOUTHWESTERLY LINE, TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO EDWIN S. ELDER AND WIFE, RECORDED MAY 14, 1970 IN BOOK 9289, PAGE 381 OF OFFICIAL RECORDS, SAID POINT BEING IN THE WESTERLY LINE OF THE SAN DIEGO FREEWAY; THENCE NORTH 24 ° 26' 12" EAST, ALONG SAID WESTERLY LINE, TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN PARCEL 2 IN THE DEED TO EDWIN S. ELDER AND WIFE RECORDED APRIL 28, 1969 IN BOOK 8940, PAGE 460 OF OFFICIAL RECORDS; THENCE NORTHERLY, ALONG THE EASTERLY LINE OF SAID PARCEL 2 AND ALONG THE EASTERLY LINE OF PARCEL 1 IN SAID DEED, TO THE NORTH LINE OF THE LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 3900, PAGE 208 OF OFFICIAL RECORDS; THENCE NORTH 890 03' 00" WEST, ALONG SAID NORTH LINE, TO THE NORTHWEST CORNER OF SAID LAND; THENCE SOUTH 39° 57' 00" WEST, ALONG THE WESTERLY LINE OF SAID LAND, AND ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 IN THE DEED TO EDWIN S. ELDER AND WIFE, RECORDED JUNE 29, 1966 IN BOOK 7974, PAGE 491 OF OFFICIAL RECORDS, 421.99 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF SAID PARCEL 1; THENCE SOUTH 40° 26' 00" WEST, ALONG SAID WESTERLY LINE AND ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED RECORDED IN BOOK 3900, PAGE 208 OF OFFICIAL RECORDS, 253.90 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM A PORTION OF SAID LAND ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PORTION OF SAID LAND HEREINABOVE DESCRIBED WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE OR THE UPPER 100 FEET OR THROUGH THE SURFACE THEREOF, AS EXCEPTED IN INSTRUMENTS RECORDED IN BOOK 8831, PAGE 196; BOOK 8940, PAGE 460, AND BOOK 9289, PAGE 381 ALL OF OFFICIAL RECORDS. PARCEL D: AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTHWESTERLY 35.00 FEET OF THAT PORTION OF LOT 31 OF TRACT NO. 103, AS SHOWN ON A MAP FILED IN BOOK 11, PAGES 29 THROUGH 33 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, LYING SOUTHEASTERLY OF THE EASTERLY PROLONGATION OF THE SOUTH LINE OF AVENIDA GOLONDRINA AND NORTHWESTERLY OF PARCEL C HEREINBEFORE DESCRIBED. EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of/a Q, County of >d�� On I-r�L`L�' � beforeme,TRWN �2/aASKsElv�oTARY�U/�uc DATE NAME, TITLE OF OFFICER -NAME, TITLE OF OFFICER - E.6, "JANE DOE, NOTARY PUBLIC' DOE, NOTARY PUBLIC' personally appeared n&DEN NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personjs) whose name s are subscribed to the within instrument and ac- knowledged to me thaVQshe/they executed 61mvFAWN FRANKSEN the same in 'her/their authorized CONmAcapacity(1�s), and that by( 'herltheir Notary Put18c — CdifomioORANGE COUNTYSignatUfe('S).On the instrument the person), Comm. Expires MAY 2. 1997 or the entity upon behalf of which the person(* acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. State County of WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTI No. 5193 ■ OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) inigq PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: N OF PERSO OR ENTITY(IES) c�l/�40C'.t4-te.o TITLE OR TYPE OF DOCUMENT O2 Q J'L4-.2J 4.R-1-2_/YL�-f NUMBER OF PAGES ._ DATEEDOCUMENT SIGNER(S) OTHER THAN NAMED ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 OrV.i / 9 before me,( h64-& ill k_b Otani Iii//cam DA E E, TITLE OF OFFICER - EfG., "JANE DO . OTARY PUBLIC" personally appeared [3Ve-rsonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(e) whose name(a) is/am subscribed to the within instrument and ac- knowledged to me that-he/she/they executed the same in Ns/her/tttcir authorized capacity(ies ,, and that by #tis/her/tftM signature(W.on the instrument the person(ej- or the entity upon behalf of which the person(j<acted, executed the instrument. CHERYL A. JOHNSON z Qmy COMM.# 1009470Notary Public — CO!IfOmlaORANGE COUNTY Comm. Expires DEC 13. 1497 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal OF TITLE OR TYPE OF DOCUMENT Zif-C NUMBER OF PAGES DA SIGNER(S) OTHER THAN NAMED ABOVE No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL gw/irG[ Q ORPO TVUFFIC (S) FftLELS) ❑ PARTNER(S) ❑ LIMITED [:]GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAtdE OF PERSON(SI R ENTITY(IES) DOCUMENT 01993 NATIONAL NOTARY ASSOCIATION "8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 i awo use IS March 25 , 1994 Brent R. Odgen, Jr. Paseo Capistrano Associates 485 East 17th Street #600B Costa Mesa, California 92627 •.n- i1 1 I - -r C4 .I ,1. Dear Mr. Odgen: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L HAUSDORFER GIL JONES CAROLYN NASH JEFF VASOUEZ CITU MANAGER GEORGESCARBOROUGH At their meeting of February 15, 1994, the City Council of the City of San Juan Capistrano accepted a sewer easement and a storm drain easement required for ingress and egress relating to the sewer and storm drains at the Plaza Del Obispo development. Copies of Resolutions No. 94-2-15-3 and 94-2-154 are enclosed for your files. The License Agreement allowing the property owner a right to use the sewer and storm drain easements for private electrical and telephone lines was approved and has been forwarded to the Orange County Recorder. A fully -executed copy of the License Agreement is enclosed for your files. If you need any further information, please let us know. Very truly yours, Cheryl Johnson City Clerk Enclosures cc: Director of Engineering and Building Cathy DuCoing 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 AGENDA ITEM 0 February 15, 1994 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Resolutions Accepting Sewer and Storm Drain Easements and Approval of a License Agreement - 31894 Paseo Mercado de Capistrano, Architectural Control 88-8, Paseo Capistrano Associates/Home Furnishing Center RECOMMENDATION By motion: 1. Adopt the Resolutions accepting the dedications of sewer and storm drain easements; 2. Approve the License Agreement between Paseo Capistrano Associates and the City; 3. Authorize the Mayor and City Clerk to execute the License Agreement between Paseo Capistrano Associates and the City; and, 4. Authorize the City Clerk to forward the easement dedications and License Agreement to the Orange County Recorder. SITUATION A. Summary and Recommendation In conjunction with the development of Plaza Del Obispo, Architectural Control 86-5 (Stroscher), sewer and storm drain facilities were constructed. A major portion of these facilities were installed in the adjacent site of the then future Paseo Capistrano Home Furnishing Center, Architectural Control 88-8 (Johnson/Yu), with a condition that easements for such facilities were to be dedicated to the City by the corresponding property owners. During the construction of the Home Furnishing Center, private utility service lines (electrical and telephone) were allowed to cross the sewer and storm drain facilities in several locations. An encroachment permit was issued for such installation and a surety was received from the applicant to insure that a License Agreement was entered into. Staff is proposing that the Council accept the dedications of easements and approve the execution of the License Agreement. FOR CIiY COUNCIL AGEN! "— J 5 AGENDA ITEM • • February 15, 1994 Page 2 B. Background As a condition of approval of Plaza Del Obispo sewer and storm drain facilities were to be constructed. A major portion of these facilities were designed to be constructed to pass through the site of the then future Paseo Capistrano Home Furnishing Center (Architectural Control 88-8). As Plaza Del Obispo was under construction and the Home Furnishing Center was not yet ready to start, these facilities were allowed to be constructed with the condition that appropriate easements for such facilities were to be identified and dedicated to the City. During construction of the Paseo Capistrano Home Furnishing Center, private utility service lines were placed in and across the proposed public sewer and storm drain easements located on the project site. This placement was necessary due to the location of the buildings and the size of the project site and was permitted in order not to delay the construction in progress. A permit for the work was issued and a surety was received to insure the property owner entering into the Agreement with the City. Installation of the lines were monitored by City inspectors for placement pursuant to the approved plan, and the work was completed to the City's satisfaction. In order for the surety to be released easement dedications and a License Agreement are presented for City Council review and acceptance. (Attachments 3 through 7) The License Agreement retains the City's rights to cause relocation of the private utility service lines in the case of reconstruction of either the sewer and/or storm drain and, relocation shall be a cost borne by the Property Owner. Any damage to the sewer and/or storm drain either during the placement or maintenance of the private utility service lines shall also be a cost borne by the Property Owner. A copy of the plan is on file in the City Engineer's Office. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS None NOTIFICATION Adjacent Property Owners ALTERNATE ACTIONS 1. Adopt the Resolutions accepting the dedications of sewer and storm drain easements; and, Approve the License Agreement between Paseo Capistrano Associates and the City. 2. Do not accept the easements and License Agreement. 3. Refer to Staff for additional information. AGENDA ITEM • • February 15, 1994 Page 3 RECOMMENDATION By motion: 1. Adopt the Resolutions accepting the dedications of sewer and storm drain easements; 2. Approve the License Agreement between Paseo Capistrano Associates and the City; 3. Authorize the Mayor and City Clerk to execute the License Agreement between Paseo Capistrano Associates and the City; and, 4. Authorize the City Clerk to forward the easement dedications and License Agreement to the Orange County Recorder. Respectfully submitted, e%l/�P..,.-v /// 441olt William M. Huber Of WMH/TGS:cdc Prepared By: Cathleen A. DuCoing, Project Manager Attachments: No. 1 - Location Map No. 2 - Area Map No. 3 - License Agreement No. 4 - Resolution Accepting Sewer Easement No. 5 - Sewer Easement No. b - Resolution Accepting Storm Drain Easement No. 7 - Storm Drain Easement t w eP0]E2611! } g ;r6 a.) w SAN JUAN y MISSION 0 f 9 ELLO N 2666 ]I„I VERS m M A jlZ Q 3 Q .I J W Q 4 or V ¢ IEN' 0 z W ` w 2 U ONIA N M Z0 ?d' H J W NA W t a W O LN Ls J N W > J Q LL n ST s O t w eP0]E2611! } g ;r6 a.) w SAN JUAN y MISSION 0 f 9 ELLO N 2666 ]I„I VERS m M A SAN JUAN N� PL LVIA LA MORA ZVIA LA CARTA 3VIA LA 3ENDA 0 t W x y� I I C QO 12 +7 C P + (. ATTACHMENT 1 catio 4NP/ jlZ Q 3 Q .I W Q 4 Y V ¢ IEN' W w 2 U ONIA M ) NA W � W N W > J Q LL N o > O W S U LL u m a a DE SAN JUAN N� PL LVIA LA MORA ZVIA LA CARTA 3VIA LA 3ENDA 0 t W x y� I I C QO 12 +7 C P + (. ATTACHMENT 1 catio 4NP/ 0 Seaside Ranchos (Dolley) i • Plaza del Oblspo (Stroscher) \\ sewer easement , �•, `�\`� storm drain easement PASEO / CAPISTRANO ASSOC. r - o strano Home f/ / J nlshing nter I- ``Q E / O / Ccaiesl-•IOC' ATTACHMENT 2 - Area Ma RESOLUTION NO. 94-2-15-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR SEWER PURPOSES LOCATED AT 31894 PASEO MERCADO DE CAPISTRANO/PASEO CAPISTRANO HOME FURNISHING CENTER (PASEO CAPISTRANO ASSOCIATES) (ARCHITECTURAL CONTROL 88-8) WHEREAS, a sewer line was constructed across the development known as the Paseo Capistrano Home Furnishing Center, Architectural Control 88-8, in conjunction with the Plaza Del Obispo Project, Architectural Control 86-5; and, WHEREAS, Paseo Capistrano Associates, owner of a portion of the Paseo Capistrano Home Furnishing Center, is granting to the City of San Juan Capistrano the necessary easement for ingress and egress for construction, maintenance and operation of the sewer line. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby accept said easement and direct the City Clerk to forward said Easement Deed to the Orange County Recorder for recordation. PASSED, APPROVED, AND ADOPTED this 15th day of February 1994. ATTEST: 5a 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 94-2-15-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of February , 1994, by the following vote: AYES: Council Members Jones, flausdorfer, Nash, Vasquez and Mayor Campbell NOES: None ABSTAIN: None ABSENT- None (SEAL) �t CHERYL JOHNSON, CITY CLERKRK- -2- f 4r Dom, r nuvm 1961 1776 March 25, 1994 Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 Gentlemen: The following document is enclosed for recordation: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GILJONES CAROLYN NASH JEFF VASOUEZ CITY MANAGER GEORGESCARBOROUGH License Agreement between the City of San Juan Capistrano and Paseo Capistrano Associates for Use of City Sewer and Storm Drain Easement for Private Electrical and Telephone Lines. A check in the amount of $14.00 is enclosed to cover recording fees. 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. r r Thank you for your cooperation. » c IT ITI i0 Very truly yours, Cheryl Johnson r, City Clerk -,V.2 -s _ . Document Number Enclosure Date 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171