1992-1201_SCHRENCK FAMILY TRUST_License Agreement92-854282
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
2:30
P.M. DEC 141992
RECORDING REQUESTED BY AND WHEN ,p
RECORDED RETURN TO: �lcw 42•96tawtRecorder
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
LICENSE AGREEMENT
Assessor's Parcel No. 650-201-13/
Parcel 2 of Parcel Map 40/3
THIS LICENSE AGREEMENT is made this 1st day of December, 1992, by and
between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and
Carl Daniel Schrenk and Maire Thornton, as Trustee of the Schrenk Family Trust dated
February 1, 1989, hereinafter referred to as "Property Owner".
Recitals:
This License Agreement affects title to and runs with the land with respect to
Parcel 2 of Parcel Map 40/3, 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 Property Owner a license right to use a portion of
a City highway easement for the purpose of constructing block walls and entry gates. The
location of the City easement is set forth in Parcel Map 40/3, recorded as Document
11693, Book 40, Page 3 on December 14, 1971, a copy of which is on file with the
Engineering Division. Placement of walls and entry gates in the easement area shall be
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
liabilities which may arise during the course of placement and maintenance of the block
walls and entry gates.
3. City Control of Block Wall and Entry Gates.
City reserves the right to, at any time, cause the relocation of the block
walls and entry gates in the event future improvements conflict with their placement.
Any cost of relocation of the Property Owner's walls and entry gates occasioned by
future improvements 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.
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 1st day of December 1992, at San Juan Capistrano.
CITY OF SAWJUAN C PISTRANO
by
AY
MAIRE THORNTON, TRUSTEE OF
THE SCHRENK FAMILY TRUST
DATED FEBRUARY 1, 1989
M aL-� -� tlo,�—t;z
MAIRE THORNTON, TRUSTEE
CARL DANIEL SCHRENK, TRUSTEE
OF THE SCHRENK FAMILY TRUST
DATED FEBRUARY 1, 1989
ATTEST:
CARL DANIEL SCHRENK, TRUSTEE
CHERYL A.aOHN50N, CITY CLERK
A ROVED AS '' F
Y A TO N Y/ z
• a
LICENSE AGREEMENT
THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, AND IS
FURTHER DESCRIBED AS:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 8
SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO
THE OFFICIAL PLAT OF SAID LAND, FILED IN THE OFFICE OF THE BUREAU OF
LAND MANAGEMENT APRIL 12, 1875, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF SAN JUAN HOT SPRINGS ROAD AS
SHOWN ON A MAP FILED IN BOOK 2, PAGES 34 TO 38 OF RECORD OF SURVEYS IN
THE OFFICE OF THE RECORDER OF SAID COUNTY, DISTANT NORTH 31 50' 00"
EAST 227.46 FEET THEREON FROM STATION "6" AS SHOWN AS CITED IN THE DEED
TO WALTER COMBS HEREINAFTER MENTIONED; THENCE NORTH 0 37' 00" EAST
205.00 FEET; THENCE NORTH 63 31'45" WEST 278.68 FEET TO THE WESTERLY LINE
OF THE LAND DESCRIBED AS PARCEL 27 IN DEED TO ALFRED QUETU, RECORDED
IN BOOK 173, PAGE 282 OF DEEDS, RECORDS OF SAID ORANGE COUNTY,
CALIFORNIA; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 326.57 FEET TO
THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO WALTER COMBS,
RECORDED MARCH 6, 1916 IN BOOK 281, PAGE 125 OF DEEDS RECORDS OF SAID
ORANGE COUNTY; THENCE ALONG THE NORTHERLY LINE OF THE LAND
DESCRIBED 1N SAID DEED TO WALTER COMBS, SOUTH 89 23'00- EAST 250.77 FEET
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE INTEREST CONVEYED TO THE COUNTY OF ORANGE
FOR ROAD PURPOSES BY DEED RECORDED OCTOBER 22, 1913, IN BOOK 243, PAGE
1 OF DEEDS.
EXHIBIT A
State of // y/ I-, � -
Countyof �L-12
On/tJov•2-3 1942- beforeme,ek-er(It ioAn�rt No�uw�uL./
DATET N ETITLE OFOFFICERE.G.,"ANE DOnE,NOTA PUBLIC'
personally appeared AQ -t P_ 7-t4of2%J l oik3 y r/ nim( 5c hr-erl,
NAME(S) OF SIGNER(S)
C1personally known to me - OR - ®"proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that hoiehe/they executed
the same in hi -3 f r/their authorized
capacity(ies), and that by hisiiher/their
signature(s) on the instrument the person(s),
or the entity upon behalf of wh ich the person(s)
OFFICIAL SEAL acted, executed the instrument.
CHERYL LI JOHNSON Witness m hand and official seal.
EQ:
TARY PUBLIC -CALIFORNIA YORANGE CD'JNTYy comm.. expires DEC 13, 1993 /
A"o�
_PN TURE O OTARY
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLE(S)
❑ PARTNER(S)
.❑ ATTORNEY-IN-FACT
TRUSTEE($)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NA�ME"'OFA/ PERSON(5) OR ENTITY(IES)
jY2YLlG 017 �y
/Y vs�
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document e?
MUST BE ATTACHEDNumber of Pages .3 Date of Document �1,
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Cid., ✓�v brlLe.�
m 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 913044184
State of rn t Gtr
County of/2C7 �—
On Q(?,O& /, /j792 -before m o_h_
To%/Sevl f
DATE
/(%w-� (/�rrr
bAA1E, TITLE OF OFFICER-E.G�'JANE DOE, NOTARY PUBLIC"
'T'T
/
personally appeared
NAMES) OF SIGNERS)
pal personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
/
to be the person(s)).whose name(5) is/are-
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/h8FA Heir authorized
capacity(ies}, and that by his/taef Muir
signature(s)-on the instrument the person(*,
„ OFFICIAL SEAL
orthe entity upon behalf of which the persoW
CHE2YLA._IpH�•Jf9�+I
acted, executed the instrument.
,T �^ NOTARY PUBLIC -CALIFORNIA is
Witness my hand and official seal.
ORANOE CO;;iY7V ``
My comm, expires PEC 13, 15;3 I(
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
-*CORPORATE,e
OFFICER(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
ryAME OFERSON(S) OR ENTITY(IFS)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE
Title or Type of Document se
MUST BE ATTACHED
Number of Pages Date of
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above ,',r
C1991 NATIONAL NOTARY ASSOCIATION " 8238 Remmet Ave. • P.O. Box 7184 -Canoga Park, CA 91304-7184
December 10, 1992
0 10
Maire Thornton
Carl D. Schrenk
26351 Ortega Highway
San Juan Capistrano, California 92675
Re: License Agreement for Construction of Block Walls/Entry Gates
MEMBERS OF THE CITY COUNCIL
KENNETH E. FRIESS
JERRY HARRIS
GARY HAUSDORFER
GILJONES
JEFF VASOUEZ
CITY MANAGER
GEORGE SCARBOROUGH
At their regular meeting held December 1, 1992, the City Council of the City of
San Juan Capistrano approved the License Agreement for construction of block
walls and entry gates at 27351 Ortega Highway within a City 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. If we can be of
further assistance, please do not hesitate to call.
Very truly yours,
CherylJohnsd
City Clerk
Enclosure
cc: Director of Engineering and Building (with copy of Agreement)
Cathy DuCoing (with copy of Agreement)
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • 17141 493-1171
1:1
4b
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR OCTOBER 1992 (330 S0)
The City Treasurer's Report of Cash Fund Balances for the month of October 1992 in the total amount
of S-78,312.51 was received and filed.
5. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS (93040)
The Report dated December 1, 1992, from the Director of Community Services, regarding actions taken
at the meeting of November 9, 1992, was ordered received and filed.
The Report dated December 1, 1992, from the Director of Community Services, regarding actions taken
at the meeting of November 16, 1992, was ordered received and filed.
�;I;WJ3tt[e1 Y i:��:Ii1�:7.7_rr�•}. rr..r,�rtl�
The Report dated December 1, 1992, from the Director of Engineering and Building, regarding actions
taken at the meeting of October 6, 1992, was ordered received and filed.
8. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.220)
The Report dated December 1, 1992, from the Director of Engineering and Building, regarding actions
taken at the meetings of September 9 and October 14, 1992, was ordered received and filed.
9. LICENSE AGREEMENT FOR CONSTRUCTION OF BLOCK WALLS LS AND ENTRY
GATES IN A CITY EASEMENT AT PROPERTY LOCATED AT 27351 ORTEGA
HIGHWAY TH R
As set forth in the Report dated December 1, 1992, from the Director of Engineering and Building, the
Mayor and City Clerk were authorized to execute the License Agreement between Carl Daniel Schrenk
and Maire Thornton, trustees of the Schrenk Family Trust, and the City to permit the construction of
block walls and entry gates within a City easement located on the Schrenk property at 27351 Ortega
Highway. The City Clerk was authorized to forward the Agreement to the County Recorder for
recordation. Council Member Vasquez abstained due to a potential conflict of interest.
10. AWARD OF CONTRACT - TRIMMING OF CITY TREES (MODERN TREE SERVICE) (60030)
As set forth in the Report dated December 1, 1992, from the Director of Public Lands and Facilities,
the contract for the trimming of City trees was awarded to the lowest qualified bidder, Modern Tree
Service, for a not -to -exceed amount of $80,000 for the period of December 1992 through June 1994.
The Mayor and City Clerk were authorized to execute the contract on behalf of the City.
PUBLIC TIFAR S
None.
Council recessed at 8:00 p.m, to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 8:03 p.m.
City Council Minutes -10-
12/1/92
0 0
AGENDA ITEM December 1, 1992
TO: George S. Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: License Agreement for the Construction of Block Walls and Entry
Gates in a City Easement (27351 Ortega Highway/Schrenk/Thornton)
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License Agreement
between Carl Daniel Schrenk and Maire Thornton, trustees of the Schrenk Family Trust,
and the City, and authorize the City Clerk to forward the Agreement to the Orange
County Recorder for Recordation.
SITUATION
A. Summary and Recommendation
Carl Schrenk and Maire Thornton, owners of property located at 27351 Ortega Highway,
have submitted a plan to construct block walls and entry gates in a City easement which
is located on their property. The easement was dedicated to the City in 1971 for
highway purposes and is situated adjacent to and outside of the future ultimate
improvements for Ortega Highway.
Staff concurs that it is appropriate that this installation be permitted in the easement in
accordance with the attached License Agreement. The License Agreement retains the
City's rights to cause relocation of the walls and/or gates and places any costs for such
relocation on the property owner.
B. Background
The Applicants are in the process of making improvements to their property which is
located north of Ortega Highway, east of Rancho Viejo Road. Plans were submitted for
permit issuance to construct block walls and entry gates which would front onto Ortega
Highway.
During the review process it was determined that these improvement were proposed in an
easement which was dedicated to the City for highway purposes by Parcel Map 40/3,
recorded December 14, 1971. The easement is located north of Ortega Highway, and
runs east to west on the Applicants' property.
The Applicants requested that the easement be quitclaimed back to them, however, staff
has determined that a License Agreement would be appropriate. The Agreement will
allow the installation of the improvements while retaining the easement for use, if
necessary, when Ortega Highway is ultimately improved.
A location map and plan depicting work in the easement area are attached.
FOR CITY COUNCIL AGEN
AGENDA ITEM •
December 1, 1992
Page 2
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
None - all costs for preparation of the License Agreement and recording fees will be
borne by the Applicant.
NOTIFICATION
Adjacent Property Owners
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.
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License Agreement
between Carl Daniel Schrenk and Maire Thornton, Trustees of the Schrenk Family Trust,
and the City, and authorize the City Clerk to forward the Agreement to the Orange
County Recorder for Recordation.
Respectfully submitted,
William b r�A�
WMH/CDC:cdc
Attachments: Location Map
Work Area Map
License Agreement
LOCATION MAP
1�i
Area of Work/
Location Map
Rancho
Viejo
Road
/
r -
s+
v
0 0
Y+M
a�
0
v
0
a4
0
0
L
u
C
a
�u
an
•
/
oc� Q
,� yV�
C,
ti , GQ
tiw WORK AREA MAP
C9 �4
Joao !
0. ru..
mecnulo 1961
1776
December 4, 1992
Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92702
Re: License Agreement (Schrenk/Thornton)
Gentlemen:
The following document is enclosed for recordation:
MEMBERS OF THE CITY COUNCIL
KENNETH E. FRIESS
JERRY HARRIS
GARY L. HAUSDORFER
GIL JONES
JEFFVASOUEZ
CITY MANAGER
GEORGESCARBOROUGH
License Agreement between the City and the Trustees of the Schrenk Family Trust
for Parcel 2 of Parcel Map 40/3
A check in the amount of $14.00 is enclosed to cover the recording fees. When placed of
record, please return said document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the letter and return it to this office in the enclosed, stamped, self-
addressed envelope at your earliest convenience.
Thank you for your cooperation.
Very truly yours,
Cheryl Johnson
City Clerk
92-8542$?
Enclosure Document Number
Date "
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • 17141 493-1171