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1993-0615_POCHIROWSKI, WILLIAM_License Agreement 9 R, I K r, 11 2 1 'raf-"y, 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 LICENSE AGREEMENT Assessor's Parcel No. 650-512-05/ Parcel 24 of Lot Line Adjustment 88-10103-109 (formerly Lot 24, Tract 10103) THIS LICENSE AGREEMENT is made this z-a�`day of �,fu4,!n. 1993, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and William Pochirowski, hereinafter referred to as "Property Owner". Recitals: This License Agreement affects title to and runs with the land with respect to Parcel 24 of Lot Line Adjustment 88-10103-109, (formerly Lot 24, Tract 10103), 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 a City storm drain easement for the purpose of constructing a portion of a block wall, entry gates, and a concrete driveway. The location of the City easement is set forth in the deed recorded as Document 90-653972 on December 13, 1990, a copy of which is on file with the City Clerk. Placement of the wall, entry gates and concrete driveway 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 wall, entry gates and driveway in the easement. 3. City Control of Block Wall Entry Gates and Concrete Driveway. City reserves the right to, at any time, cause the relocation of the block wall, entry gates, and/or driveway in the easement area in the event reconstruction and/or maintenance of the existing 24" R.C.P. storm drain is necessary. Any cost of relocation of the Property Owner's walls, entry gates and/or driveway in the easement area occasioned by future improvements and/or maintenance of the storm drain 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 qday of s,1j1 U� , 1993, at San Juan Capistrano. CITY OF SAN JUAN CAPISTRANO by,, NFi WI I POCHIROWSKI roperty Owner ATTEST; CHERYL A JOHNSO , CITY CLERK A OVER AS TQOR TY A T RNEY R- {1, 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: PARCEL 24 OF LOT LINE ADJUSTMENT 88-10103-109, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNA, AS PER DOCUMENT NO. 88--550646 RECORDED OCTOBER 27, 1988, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID LAND WAS FORMERLY KNOWN AS LOT 24, OF TRACT 10103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 484, PAGES 13 THROUGH 15 INCLUSIVE OF MISCELLANEOUS MAPS, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. THE STORM DRAIN EASEMENT REFERRED TO IN THIS AGREEMENT WAS RECORDED AS DOCUMENT NO. 90-653972, ON DECEMBER 13, 1990, OFFICIAL REORDS OF ORANGE COUNTY, CALIFORNIA EXHIBIT A �- NO 209 State of L 'E . V' CAPACITY CLAIMED BY SIGNER County of V—i — INDIVIDUAL(S) ® CORPORATE__ on before me, NFlA9E,TlTO � -r OFFICERS) __.. DATE FF€CER E G.,`JANE DOE,NOTARY PUBL. _ 5 TITLE(S) PARTNER(S) personally appearedr - i '� -., p ATTORNEY-IN-FACT NAME(S)OF SIGNER(S) ® TRUSTEE(S) personally known to me- OR - ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed ❑ OTHER: OFFICIAL S�:Ar. the same in his/her/their authorized John C. thers capacity(ies), and that by his/her/their NDTARY PUBLIC-C!#LIFORNIA signature(s) on the instrument the person(s), -- ORANGE counTy orthe entity upon behalf of which the person(s) SIGNER IS REPRESENTING: my BY M.ftkw FQtX 3,9995NAME_OF PERSON(S)OR ENTITY(IES) acted, executed the instrument. my han and official seal. SIGM TL{RE OF 07�fiRY ATTENTION NOTARY:Although the information requeste below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document, THIS CERTIFICATE Title or Type of Document ,`. ' MUST BE ATTACHED TO THE DOCUMENT dumber of Pages �� Date of Document DESCRIBED AT RIGHT: Signers) Other Than Named Above �--� 0 1991 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Ave.•PLC).Box 71 B4"Canoga Park,CA 91304-7184 ALL-PURPOSE ACKNOWLEDGMENT NO 209 State of 9 CAPACITY CLAMED BY SIGNER County of ❑ INDIVIDUAL(S) r�� -%CORPORATE ._. OnCTU ..../5, 1,9`13 before me(�/2�d'�(��C��!?6?SQ`I I �� � , OFFICER(s) {" DATE J NA Ill En OF OFFICER-E.G.,"JANE DOE,NOTA .PUBLIC' LE(S) �rn ® PARTNER(S) personally appeared ATTORNEY-IN-FACT NAMF(S)OF SiGNER(S) ® TRUSTEE(S) 16 personally known to me - O - ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS to be the person(, whose named is/ate subscribed to the within instrument and ac- knowledged to me that he/&he q executed ® OTHER: the same in his/h.4#li-e4r authorized capacity(i and that by his/heTfttT&r signature(,)-on the instrument the persor>ts), ortheentity upon behalf ofwhich the person(a)" SIGNER IS REPRESENTING: acted, executed the instrument. NAME OF/IPERSON(S)OR ENTITY(IES) OFFICIAL SEAL C_k CHERYL A. JOH'NS<)N Witness my hand and official seal. NOTARY PUBLIC - CALIFORNIA tRtME COUNTY _^� My c0357M. expires DEC 1 SIOXATURE p QTARY ATTENTION NOTARY:Although the'mformation requested below is OPTIONAL,it could prevent fraudulentt attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages _�� Date of Docum t �Il/1z..�- 0� f�� TO TIME DOCUMENT DESCRIBI=D AT RIGHT: Ssgner(s) Other Than Named Above �G�7 r �� " 31991 NATIONAL NOTARY ASSOCIATION"8236 Rernmet Ave.•P.O.Box 7184"Canoga Park,CA 91304-7184 �` •1 E MEMBERS OF THE CITY CCQNC1 COLLENE CAMPBELL GARY L.HAUSDORFER DRUG USEOIL JONES If�"'� 'd¢f49��BA�F➢ CAROLYN NASH #t#Ret�iHto IJ�� JEFF VASQUEZ 1776 O • CITY MANAGER GEORGE SCARBOROUGH June 17, 1993 Mr. William Pochirowski 30165 Hillside Terrace San Juan Capistrano, California 92675 Re: License Agreement for Private Improvements in Storm Drain Easement Dear Mr. Pochirowski: At their meeting of June 15, 1993, the City Council of the City of San .Tuan Capistrano approved the License Agreement to allow construction of a portion of a block wall, entry gates and concrete driveway to be located within a City storm drain easement at 27112 Highland Drive, Parcel 24 of Lot Line Adjustment 88-10103-109. One copy of the License Agreement has been forwarded to the Orange County Recorder. A fully-executed copy of the Agreement is enclosed for your files. If we can be of further assistance, please do not hesitate to call. Very truly yours, Cheryl Johnson 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 ® (714) 493-1171 MEMBERS OF THE CETY COUNCIL COLLENE CAMPRELL GARY L.NAUSDORHER DRUG USE —ii G(L JONES //I v �E10P H RRTED IS • L-� � CAROLYN NASki is€aa€rsRt¢ i 19bf JEFF VASCUEZ � I776 ♦ ® CITY MANAGER GEORGESCAR3 RCuGH r � a June 16, 1993 Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 Re. License Agreement Gentlemen: The following document is enclosed for recordation: License Agreement between City and William Pochirowski. for Parcel 24 of Lont Line Adjustment 88-10103--109, 27112 Highland Drive, San Juan Capistrano A check in the amount of $14.00 has been included 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. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk $'t Enclosure Document Number ¢ .. Date °!moi `•,:� -.".. , ;:E ^•C 32400 PASEO ADELANT©, SAN JUAN CAPISTRANO, CALIFORNIA 92675 (714) 493.1171 8. APPROVAL F LI ENSE AGREEMENT FOR THE C NSTRUCTION F PRIVATE IMPROVEMENTS INA CITY STORM DRAIN EASEMENT f27112 HIGHLAND DRIVE PO�,-HIROWSKII (6 (1.30) As set forth in the Report dated ,lune 15, 1993, from the Director of Engineering and Building, the License Agreement Between the City and William Pochirowski was approved allowing a portion of the improvements for the property at 27112 Highland Drive (including a small portion of a wall, entrygates, and colored concrete driveway) to be constructed within a City storm drain easement. The Mayor and City Clerk were authorized to execute the License agreement, and the City Clerk was authorized to forward the Agreement to the County Recorder. 9. APPR VAL QF ONSTR 'CTION MODIFICATION NO, 1 TO FUNDIN CONTRACT NO. 7 749 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR TASKS RELATED TO THE SAN JUAN CREEK RAILROAD BRIDGE AND TRACK REALIGNMENT (C:ALTRAL,S (000.50 As set forth in the Report dated June 15, 1993, from the Director of Engineering and Building, Contract :Modification No. 1 to Funding Contract No. 75Q749 with Caltrans was approved. The Modification reduces the funding for environmental and right-of-way acquisition consultants, increases the funding for City administrative costs, introduces funding for utility relocation design, retains the original funding for design contingency and right-of-way acquisition, and extends the expiration date to March 31, 1994. The Mayor was authorized to execute the agreement on behalf of the City, 113. TERMINATION OF J INT P WEBS AGREEMENT-CAPLLTRANO VALLEY WAST WATER AUTHORITY L6QQ SO} As set forth in the Report dated June 15, 1993, from the Director of Engineering and Building, the Agreement for Dissolution and Termination of Joint Exercise of Power Agreement Creating Capistrano Valley Wastewater Authority was approved. The Mayor was authorized to execute the document. 11. DENIAL OE LAIM - PROPERTY DA MA E TEVEN AND MARY K HN 170.10 The claim received by the City on May 12, 1993, from the Law Offices of Steven R. Kuhn, on behalf of Steven R. Kuhn and Mary Lois Kuhn, in the amount of$120,000 for property damage, was denied, as set forth in the Report dated June 15, 1993, from the City Attorney. The following items on the Consent Calendar were considered separately, as requested by Council Member Vasquez. APPROVAL F CITY C01iNCIL MIN 'TE a• Adjourn2d Regular M etin f May 18 199 It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried that the Minutes of the Adjourned Regular Meeting of May I$, 1993, be approved as submitted. b. Rggular Me;ting of May 18, 199 Council Member Vasquez noted that he and Council Member Nash were present for the public vote following the Closed Session regarding the Management Incentive Pay for the former Assistant City Manager position. City Council Minutes -4- 6/15/93 AGENDA ITEM June 15, 1993 TO: George S. Scarborough, City Manager FROM. William M. Huber, Director of Engineering and Building SUBJECT: License Agreement for the Construction of Private Improvements in a City Storm Drain Easement (27112 Highland Drive/ Pochirowski) RECOMMENDATION By motion, authorize the Mayor and City Clerk to execute the License Agreement between William Pochirowski, and the City, and authorize the City Clerk to forward the Agreement to the Orange County Recorder for Recordation. SITUATION A. Summary and Recommendation William Pochirowski, owner of property located at 27112 Highland Drive, has submitted a plan to construct improvements which include property line walls, entry gates and a decorative colored concrete driveway. A small portion of the wall, the entry gates, and colored concrete driveway are proposed to be located in a City storm drain easement. 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 access and maintain the storm drain facility and places the burden of any relocation or removal of the wall, gates and/or concrete driveway with the property owner. B. Background The Applicant is in the process of making improvements to his property which is located north of Highland Drive, east of Rancho Viejo Road. Plans were submitted for permit issuance to construct on-site improvements which include property line walls, entry gates and a decorative colored concrete driveway. During the review process it was determined that a portion of the walls, the entry gates and driveway were proposed in an easement which was dedicated to the City for storm drain purposes. The 24" R.C.P. is located approximately 30 feet below the surface, therefore, the proposed improvements will not have any impact on the pipe during construction. A location map and plan depicting work in the easement area are attached. FOR CITY COI ,AGE ... AGENDA ITEM June 15, 1993 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 William Pochirowski, and the City, and authorize the City Clerk to forward the Agreement to the Orange County Recorder for Recordation. Respectfully submitted, William M. Huber WMH/TGS:cdc Attachments: Location Map Work Area Map License Agreement 1-5 FREEWAY RANCH® VIEJO ROAD a PARCEL 24 O r storm drain r easement r r r � r r r a �f4VE5 FAsan PARCEL 25 I �o. location map Plastered concerete ' block wall Plastered pllastw elec. gates Parcel 24 tiles LU 20" City Storm ®PaiA1 EasenentCC colored concrete driveway rer e.e..ee�ere�>*e.eeee�j� �r�e�wer eea� legend e.ee.:eee.ee,.. storm drain easement plastered pilaster _ driveway Plastered concrete block wal. Property line Parcel 25 work area map