1990-0409_PETRICK, C & J_License AgreementRECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanta
San Juan Capistrano, CA 92675rl§ °1
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
MARY N AN®V.ER, Ci y Cle
San Juan Capistrano, CA 92675
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
LICENSE .AGREEMENT 1:30 APR 9 1990
Lot 1, Subdivision Tract Map 10103 � `� > Recorder
A.P. No. 650--451-03
THIS .LICENSE AGREEMENT is made by and between the City of San Juan
Capistrano, hereinafter referred to as City, and Craig H. Petrik and Jeanne M. Petrik,
hereinafter referred to as Property Owner.
Recitals:
This License Agreement affects title to and runs with the land with respect to
Lot 1, Subdivision Tract Map 10103, 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 private
tennis court on Lot No. 1 of that certain subdivision tract known as Tract No. 10103,
located within the City of San Juan Capistrano. The location of the City easement is set
forth in Tract Map 10103, on file with the Public Works Office. Private tennis court 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 private tennis court
or in the course of maintenance of said private tennis court.
3. CityControl of Private Tennis Court Location.
City reserves the right to, at any time, cause the relocation of the private
tennis court in the event the City reconstructs the existing 18" RCP storm drain within
said easement. Any cost of relocation of the Property Owner's tennis court occasioned
by the reconstruction of the 18" RCP storm drain shall be a cost borne by the Property
Owner. City also reserves the right to, at any time, access said easement for
maintenance of the storm drain. Any damage to the private tennis court arising from
maintenance or repair of the storm drain located in the City easement shall be a cost
borne by said 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 Property Owner and City.
DATED this 3rd day of April , 1990, at San Juan Capistrano.
APPR ED AS TO E RM-
LOT
N R. SHAM; CITY ATTORNEY
ATTEST-.
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CITY OF SAN JUAN CAPISTRA
GAR Y -L -\HA USDOREER,
AIG PETR
ANNE M. PET ))R K
EXHIBIT A
LICENSE DESCRIPTION
THE LAND REFERRED TO IN THIS AGREEMENT IS SITUATED IN THE
STATE OF CALIFORNIA, COUNTY OF ORANGE AND IS DESCRIBED AS
FOLLOWS:
LOT 1 OF TRACT NO, 10103 IN THE CITY OF SAKI JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 434, PAGES 13 THROUGH 15 INCLUSIVE OF
MISCELLANEOUS MAPS, OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA,
State of i,.�-rte/j _ On this they day of /f,f% _ _ 19®, before me,
S5,
County of
the undersigned Notary Public, personally appeared
? personally known to me
. ax
OFFICIAL SEAL v proved to me on the basis of satisfactory evidence
�s
CHERYL A..10fgN,-,,0 J to be the person(s) whose name(s) --....--subscribe d to the
r� {�t P �JTAFY PU8EiC CAL[P�JR(vIF!
within instrument and acknowledged that Td//
9 . executed it.
1',,ry comm exp€rrs [X -c 13, 190 WITNESS my hand and official seal.
N�iaYy's Signore (/
i110 i22 �� j��ifq �¢_. i�o'�� NATIONAL Nfl7ARY ASSpCIATiON e 23012 Ventura Slvd. • P.O. Box 4625 •Woodland Rills, CA 91354
CORPORATE ACKNOWLEDGMENT No. 202
State of California
County of Orange
„a C3 IC.IAL SEAL
- � CHERYL A.JOHNSO i
r4OTAR. PUBLIC - CALiFOFII,4€A
fr"y COMM. ex €rEs D-13
On this the 3rd day of ._April 19990 , before me,
Cheryl A. Johnson
the undersigned Notary Public, personally appeared
Gary L. flausdorfer
personally known to me
D proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrumerLMicipal
Mayor
--or on behalf of theGrporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
I
r ieu Pee NATIONAL, NOTARY ASSOCIATION a 2.3012 Ventura Blvd. a P.O. Box 4625 a Woodland Hills, CA 91365-4625
CORPORATE ACKNOWLEDGMENT Nu -
State of California„Y
ss.
County of Orange
.4 OFFICIAL SIAL
EILEEN FE E'
m ® fi14TABZf PiJBI IC - CAtfFORNI,A
ORANGE Ci)UN Y
My COMM. expires APR 15, 1991
On this the 4th day of
April
the undersigned Notary Public, personally appeared
Cheryl A. Johnson
199 before me,
N personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s�who executed the within instrumqAIARIcipal
Deputy City Clerk or on behalf of th/e corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary's Signature
7120 122 NATIONAL. NOTARY ASSOCIATION e 23012 Ventura Blvd. o P.O Box 4625 o Woodland Hills, CA 91365-4625
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the Agreement for
Consulting Services be awarded to Deist-Binsfield, Inc., in
the amount of $126,544, to manage the contract for widening
the Trabuco Creek Bridge and approaches at Rancho Viejo Road.
Staff was directed to ensure that appropriate notification
be made of any activity to take place on this project.
----- -2�.�LICENSE AGREEMENT TO PLACE TENNIE COURT OVER EXISTING STORK
DRAIN - LOT 1. TRACT 10103 PETRIK 600.30
Written Communication:
Report dated April 3, 1990, from the Director of Public
Works, forwarding a License Agreement which would allow Craig
and Jeanne Petrik, 26751 Dominion Way, to construct and
maintain a tennis court over and across a City storm drain
easement which is located on their property.
A2Rroval of License Agreement:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that the License Agreement
be approved. The Mayor and City Clerk were authorized to
execute the Agreement, and the City Clerk was authorized to
forward the Agreement to the County Recorder for recordation.
3. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NPDES FOR
URBAN STORMWATER RUNOFF 530.10
Written Communication:
Report dated April 3, 1990, from the Director of Public
Works, regarding the City's requirement to apply for a
Stormwater Discharge Permit under the National Pollutant
Discharge Elimination System Program, a federally mandated
program which requires the establishment of a stormwater
management program by municipalities. Staff recommends
coordination with the County as the lead agency through an
Agreement for Implementation, with several cities acting as
co -permittees. Participating cities would pay their fair
share of EMA costs, with an estimated cost to the City of
approximately $24,000 per year, exclusive of City time.
Mr. Murphy made an oral presentation, emphasizing the cost
effectiveness of coordinating efforts with the County. it
was noted that there would be no compensation to the City.
Authorization of Permit:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that:
(1) The City be authorized to be a co -permittee on the
application for the orange County NPDES permit;
-g_
4/3/90
DRUG USE
Ir
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April 4, 1990
Mr. Craig Petrik
26751 Dominion Way
San Juan Capistrano, California 96275
Re: License Agreement - Lot 1, Tract 10103
Dear Mr. Petrik:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAU5DORFER
FWLLIP R, SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At their regular meeting held April 3, 1990, the City Council of the City of San
Juan Capistrano took action to approve the License Agreement allowing you to
use a portion of an existing City easement for construction and maintenance of a
private tennis court on Lot 1 of Tract 10103. A fully -executed copy of the
agreement is enclosed for your files. The original agreement has been forwarded
to the Orange County Recorder's Office.
If you need additional information, please let us know.
Very truly yours,
Cher i �i on
Y
Deputy City Clerk
MAH/cj
Enclosure
ccn Director of public Works
Cathy DuCoing
32400 PASE0 ADEI_ANTO. SAN JUAN CuAPISTRANO. CALIFORNIA 92675 0 (714) 49-9-1171
TO: Interested persons
FROM: Cheryl Johnson, Deputy City Clerk
DATE: April 5, 1990
SUBJECT: License Aereement - Petrik Tennis Court
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIES$
GARY L. HAUSDORFER
PHILLIP R. $CHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At their meeting of April 5, 1990, the City Council took action to approve a
License Agreement with Craig Petrik which will allow use of an existing City
easement for the purpose of constructing and maintaining a priviate tennis court
on Lot 1 of Tract 10103.
If you have any questions, please contact Cathy DuCoing in the Public Works
Departments
Cheryl Johnson
Deputy City Clerk
cc: Capistrano Royale Homeowners Association
Jay Stratton
Alan Yamishiro
32400 PASEO ADELAtNTO, SAN JUAN CAPIST ANO, CALIFORNIA 92675 0 (794) 493-1171
AGENDA ITEM
TO:
FROM:
SUBJECT:
April 3, 1990
Stephen B. Julian, City Manager
W. D. Murphy, Director of Public Works
License Agreement for the Placement of a Private Tennis Court Over a
City Storm Easement - Lot 1, Tract 10103 (Petrik)
Craig and Jeanne Petrik, owners of property located at 26751 Dominion Way, are
proposing to construct and maintain a tennis court over and across a City storm drain
easement which is located on their property. An 181' diameter storm drain was
constructed in the easement during construction of the public improvements for Tract
1.0103. Staff concurs that it is appropriate for this construction to be permitted over the
storm drain and 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 repairs to the tennis court with the property
owner. On February 22, 1990, the Zoning Administrator reviewed the project and
received two letters of support for the project from neighbors and homeowner
association approval of the request.
NOTIFICATION
Adjacent Property Owners
Capistrano Royale Homeowners Association
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
The project has been reviewed by the Environmental Review hoard and the Zoning
Administrator. Zone Variance 89-26 and Conditional Use Permit 89-14 have been issued
for the tennis court, subject to the License Agreement. Copies are attached.
FINANCIAL CONSIDERATIONS
None
ALTERNATE ACTIONS
I. 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.
FOR WY COUNCIL AGE' /,3
AGENDA ITEM
April 3, 1990
Page 2
RECOMMENDATION
By motion, authorize the Mayor and City Clerk to execute the License Agreement
between Craig and Jeanne Petrik and the City, and authorize the City Clerk to forward
the Agreement to the Orange County Recorder for Recordation.
Respectfully submitted,
✓
W.
D. Murphy
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MINUTES OF THE MEETING
OF THE
ENVIRONMENTAL REVIEW BOARD
February 13, 1990
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KLNNETH E, FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZL
CITY MANAGER
STEPHEN B JEJLIAN
CALL TO ORDER
The meeting was called to order at 10:36 a.m.
ROLL CALL
Members Present: Lynn Dosheery, Chairman
Jennifer Williams, Senior Management Assistant,
Ted Simon, City Engineer
Staff Present: Deborah Sottek, Planning Technician (Acting Secretary)
Mary Bushnell, Capistrano Valley Water District
Bill Ramsey, Senior Planner
Lynn Mushinski, Orange County Fire Department
Douglas Durnhart, Building and Zoning Assistant
Stephen Chamberlain, Permit Services Supervisor
Kevin Viera, Associate Planner
MINUTES OF THE MEETING OF JANUARY 16 1990
The minutes of the meeting of the Environmental Review Board of January 16, 1990 were
not approved and were held over for comment at the next meeting.
REVIEW ITEMS
1. ZV 89-26 and CUP 89-14 Tract 10103 Lot 3 (Petrick) - The Board reviewed the site
plans for a tennis court encroachment into the front and side yards, a fence height
increase, as well as tennis court lighting for an existing single-family dwelling
located at 26751 Dominion Way.
The Board determined the project was categorically exempt (Class 1) from further
environmental review and forwarded the project to the Zoning Administrator for
development review and approval, subject to the satisfactory compliance of the
following items:
�a'f)Anr) PA4Z9rr1 ARCt AAITr1 CA Ki [IIA AI r aIc — A -. — I --r..... -- - r_..% �.. .. ......
ERE Minutes -2- February 13, 1990
a. The applicant shall provide the Orange County Fire Department with a master
override key switch on the electric gate.
b. The applicant shall enter into a license agreement with the City for
construction over a City storm drain easement.
plan for an increase in driveway width and a retaining wall for an existing single-
family dwelling located at 26851 Calle Canto. The amount of earth work includes 70
cubic yards of cut.
The Board determined the project was categorically exempt (Class 1) from furt er
environmental review and released the project for plan check and permit issu ce,
subject to the satisfactory compliance of the following items:
a. The applicant shall secure an encroachment permit and submit a hatyYroute.
b. The wrought iron fence shall be stepped off of the retaining wa by a distance
of two feet. There is no sight distance reduction due to the w I and fence.
3. CUP 89-13 (Tattoli) - The Board reviewed the site plan �ra new secondary
residential dwelling to be located at 31+01 Aguacate Road.
The Board determined the project was categorically exe pt (Class 3) from further
environmental review and forwarded it to the Planning ommission for development
review, subject to the satisfactory compliance of the llowing items:
a. Remittance of applicable engineering deve pment fees. Consideration shall
be given to prior fees paid on the dwellin eing torn down.
b. Remittance of applicable additional wXter fees.
C. The access road for the secondar dwelling shall be constructed of all weather
material.
d. Sixteen feet of fire access s all be maintained for the secondary dwelling.
e. Fire sprinklers shall be r quired of the secondary dwelling unit.
4. AC 90-03 Los Rias/Litt1 Hollywood Housing Proiect (Community Redevelopment
Agency - The Bo;P/ree
reviewed the floor plans and elevations for the Little
Hollywood Housingct located on a six -acre site at the terminus of Ramos
Street and Trabuco k.
The Board issue a negative declaration and forwarded the floor plans and elevations
to the Air ctural Board of Review, Cultural Arts and Heritage Commission, Los
Rios Revie Committee, and the Planning Commission, subject to the satisfactory
complian of the following items:
a. /The applicant shall submit the site plan for the project to the Environmental
&W40 -W BOW'd --r— ro,im ai...a...fu
DRUG USE
CALL TO ORDER.
PR F%FNT!
ZONING ADMINISTRATOR
MIN UTES
February 22, 1990
3:05 p.m.
MEMBERS OF THE CITY COUNCEL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEtM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Jennifer M. Williams, Zoning Administrator; Wendie Schulenburg,
Assistant Planner; Diane Harrison, Recording Secretary
ZONE VARIANCE 89-26 AND CONDITIONAL USE PERMIT 89-14 (PETRICK)
Staff reviewed the variances which include an 11 -foot reduction to the required 20 --foot
front yard setback, a 10 -foot reduction in the required side yard setback, and an increase
in the front yard setback to enable the construction of a tennis court. The subject
property is located at 26751 Dominion Way, and the homeowners' association has
approved the request. Staff recommends approval subject to conditions.
The Zoning Administrator opened the public hearing.
The applicant, Mr. Craig Petrick, and his neighbor to the east, Mrs. Janell Stratton, were
present to give their support for the project. The Zoning Administrator accepted two
letters of support from neighbors located at 26752 Dominion Way and
26702 Buckingham. The Zoning Administrator asked the applicant if he had secured
approval from San Diego Gas and Electric for the construction of the court over the
existing power lines and from the City Engineer for construction over a City easement.
Mr. Petrick said he had received verbal approval from the City Engineer, Ted Simon.
There being no further testimony to be given, the public hearing was closed.
Based upon the findings, the Zoning Administrator approved Zone Variance 89-26 and
Conditional Use Permit 89-14, subject to the following conditions:
1. The applicant shall secure written approval from San Diego Gas and Electric
for the construction of the court over the existing power lines. Said approval
shall be submitted to the Director of Community Planning and Development
prior to the issuance of building permits for the court and fencing.
2. The maximum height for the lighting poles and fixtures shall be 18 feet.
V
32400 PASEO ADELANTO. SAN .JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-9171
Minutes - Zoning Administrator
February 22, 1930
Page 2
3. A landscape plan which depicts adequate landscaping around the tennis court
shall be submitted to the Planning Department, and must meet the approval of
the Director of Community Planning and Development prior to issuance of
building permits.
4. The fencing in the front -yard setback that exceeds three feet in height
requires approval from the City Engineer,
5. The applicant shall secure final approval from the City Engineer for
construction over a City easement.
The Zoning Administrator noted the 21 day appeal period.
ADJOURNMENT:
3:15 p.m.
Respectfully submitted,
Diane Harrison
Recording Secretary
501