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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