1990-0417_STACK, JACQUELINE LEWIS_License Agreement�f 3
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
It 90 4J5650
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
g
GE—ORGE SCKRBOROUGH, Act ng,
City Clerk
San Juan Capistrano, CA 92675
LICENSE AGREEMENT
Parcel 3, Parcel Map 16-21
AP 124-671-12
THIS LICENSE AGREEMENT is made by and between the City of San Juan
Capistrano, hereinafter referred to as City, and Jacqueline R. Lewis Stack, hereinafter
referred to as Property Owner.
Recitals:
This License Agreement affects title to and runs with the land with respect to
Parcel 3, Parcel Map 16-21, City of San Juan Capistrano, County or 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 a portion of
an existing City easement for the purpose of constructing and maintaining a sewer line
which will provide sewer service to Parcel 3 of that certain Parcel Map 16-21, located
within the City of San Juan Capistrano. The location of the City easement is along the
east property line of Parcels 1 and 2 of Parcel Map 16-21 and the south Parcel of Record
of Survey 66-37. The sewer line to be constructed by Property Owner within the City
easement area shall be placed in accordance with directions of the Public Works
Director.
2. Hold Harmless.
Property Owner shall hold City harmless from any and all claims or
liabilities which may arise during the course of construction of the sewer line by
Property Owner, or in the course of maintenance of said sewer line.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
2:00
P. M. MAY 17 1990
a'� Q. tsgra.+ut"RECORDER
3. City Control of Sewer Line Location.
City reserves the right to, at any time, cause the relocation of the sewer
line in the event the City constructs an 8 -inch sewer line of its own within said
easement. Should such a relocation occur, City shall provide for alternate site location
within the easement area so that the Property Owner's sewer line service remains
uninterrupted. Any cost of relocation of the Property Owner's sewer line occasioned by
the 8 -inch line installation 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 unless
terminated by mutual agreement of Property Owner and City, or until such time as City
arranges that Property Owner connects his sewer line to City's 8 -inch sewer line.
DATED this day of *bz�r,� 1990 at San Juan Capistrano.
, APPROVED AS TO FORM:
. L LAvr
30 N SHAW, CITY ATTORNEY
ATTEST:
0 M0
CITY OF SAN JUAN CAPISTRANO
(GAR L.HAUSDORFER, AYOR
JA Q ELINE R. LEWIS STACK
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE
STATE OF CALIFORNIA, COUNTY OF ORANGE AND IS DESCRIBED AS
FOLLOWS:
PARCEL 3 OF PARCEL MAP 16-21, IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 16, PAGE 21 OF PARCEL MAPS, OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXHIBIT A
7�'�State
"A/I
County
OFFICIAL SE
EILEEN FEGTE'
NOTARY PUBLIC - CALIFORNIA
W DRANGr !'OU NTY
PAYj1931
No. 201
On this the/;?cTday of
the undersigned Notary Public, personally appeared
19-&, before me,
personally known tome
[ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) / S subscribed to the
within instrument, and acknowledged that __// C. _executed it.
WITNESS myhandand official seal.
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above —
7120 122
CORPORATE ACKNOWLEDGMENT
Fte of California
Orange SS.
unty of
KM
L SEAL. JOH1J50^tC - CALIFOR7JIA. COIJf;TYr¢s OEC 13, 1933
ASSOCIATION • 6236 Renmet be. -PO Box ]164 • Canoga Park, CA 91304-7164 1
On this the 15thday of
Cheryl A. Johnson
the undersigned Notary Public, personally appeared
Gary L. Hausdorfer
NO. 202
19 90, before me,
*_ personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person() who executed the within instrument as
Mayor —or on be fy�'jih jjorporat�on therein
named, and acknowledged to me that thidcorporatkki''on executed it.
WITNESS my hand and official seal.
712o 122 JTaCK License Agreement NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91365-4625
CORPORATE ACKNOWLEDGMENT
State of Californin
SS.
County of Orange 111111
OFFICIAL SEAL
EILEEN FE6TE'
m 1107ARY PUBLIC - CALIFORNIA
ORAft.Jr
UIkiTf
My Comm. exp.es 1PR 15, 1991
On this the 16thday of
Eileen Fegte
the undersigned Notary Public, personally appeared
Cheryl A. Johnson
NO. 202
19 90, before me,
K personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(g) who executed the within instrume!lWicipal
Deputy City Clerk or on behalf ofthe, orporatlontherein
munici, ai
named, and acknowledged to me that the/corporatthn executed it.
WITNESS my hand and official seal.
V
7120122 Stack License Agreement NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. 0 P.O. Box 4625 • Woodland Hill%CA 91365-4625
■ 1
�' IAIOAi0MI10
EST All". 1961
1776
May 17, 1990
Dr. Jacqueline R. Lewis Stack
P. O. Box 40
San Juan Capistrano, California 96293
Re: License Agreement - Construction of Private Sewer Lateral
Dear Dr. Stack:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUS D OFFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At their regular meeting held May 15, 1990, the City Council of the City of San
Juan Capistrano approved the License Agreement to allow construction of a
private sewer lateral within the City easement in the Hidden Valley area.. The
Agreement has been forwarded to the Orange County Recorder. A fully -executed
copy of the Agreement is enclosed for your files.
If you have any questions, please do not hesitate to call.
Very truly yours,
Cheryl Johnson
Deputy City Clerk
Enclosure
cc: Director of Public Works
Jerry Sotelo
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493.1171
,�v
AGENDA ITEM May 15, 1990
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Sewer License Agreement - Hidden Valley - (Lewis)
SITUATION
The residents of Hidden Valley have substantially constructed the sewer system in
proposed Assessment District 89-1 which was abandoned April 17, 1990.
The last property requiring sewer service, (Lewis), is now approximately 420 feet south
of the public sewer in Paseo Riobo.
A City sewer easement is available across the east side of the Friess and Sotelo
properties. The extension of sewer across these properties to the Lewis property is likely
to serve only the Lewis property at this time.
Staff is therefore recommending the execution of the attached License Agreement to
allow Dr. Lewis to construct a private sewer lateral within the City easement.
NOTIFICATION
Dr. Jacqueline Lewis
Mr. K. Friess
Mr. J. Sotelo
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The property owner is required to pay $3,165 sewer capacity fee. The twenty two
properties who constructed the line privately have paid $35,090 in fees to reimburse the
City's design costs. Staff is recommending a prorated cost of $1,595 be required of
Dr. Lewis.
ALTERNATE ACTIONS
1. Approve the License Agreement.
2. Do not approve the License Agreement.
3. Request additional information from Staff.
FOR CRY COUNCIL AGM Z�7
AGENDA ITEM • S
May 15, 1990
f^ Page 2
RECOMMENDATION
By motion, approve the License Agreement to allow Dr. Lewis to construct a sewer
lateral in the City sewer easement across the three properties to the north. Authorize
the Mayor to sign the Agreement and direct the City Clerk to record the document with
the County.
Respectfully submitted,
W. D. Murphy
WDM/BP:ssg