1995-0815_JONES, GILBERT & MILDRED_Construction License AgreementCONSTRUCTION LICENSE AGREEMENT
JONES
THIS LICENSE AGREEMENT is made this/54' day oo,vs1 1995, by and between the
CITY OF SAN JUAN CAPISTRANO, a Municipal corporation hereinafter referred to as "City"
and Gilbert E. Jones and Mildred K. Jones, husband and wife as joint tenants, hereinafter referred
to as "Property Owner".
WHEREAS, Property Owner owns land more particularly described as Lot 55 of Tract
103; and,
WHEREAS, City has an existing storm drain easement 15 feet wide along the south
property line of Lot 55, a portion of River Street {now abandoned), recorded as document 88-
389237 to maintain, operate, reconstruct and repair storm drain facilities; and,
WHEREAS, City wishes to perform street and drainage works particularly described as
"River Street Drainage Improvements" as shown on construction plans dated July 10, 1995; and,
WHEREAS, a minor part of this construction work lies outside of, but contiguous with,
the previously mentioned City easement.
NOW THEREFORE BE IT RESOLVER, between City and Property Owner as
follows:
Property Owner hereby grants City a license for the purpose of allowing City to perform
construction as shown on the project plans at times and dates suitable for the Property
Owner's ingress and egress.
2. City agrees to hold Property Owner harmless from any and all claims and liabilities which
may arise out of the construction covered by this Agreement.
The term of this license shall end at the time of filing a Notice of Completion for the
construction of the storm drain project, or at one year after the date of the Agreement,
whichever is sooner.
DATED this day o 1995 at San Juan Capistrano,
ATTEST: CITY OF SAN JUAN CAPISTRANO
Cheryl Jo&s-on, City Clerk Carolyn flash, Mayor
AS TO F
Rich rd K. Denha ter, City Attorney 743/3 "` _ _._._._ Gilbert E. Jones !�
Mil red K. Jones
DRUG USE
IS
AB
August 18, 1995
Mr. and Mrs. Gil Jones
31791 Los Rios Street
San Juan Capistrano, California 92675
Re: River atreet_Drainage Improvements
Dear Mr. and Mrs. Jones:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATT HART
GaLJONES
CAROLYN NASH
DAVID SWERDL1N
CITY MANAGER
GEORGE SCARBOROUGH
As you are aware, at the meeting of August 15, 1995, the City Council of the City of San
Juan Capistrano approved the plans and specifications for the River Street Drainage
Improvements. The City Council also approved the Construction License Agreement with
you which will allow the City to construct the portion of the improvements that lie within
your property.
A fully -executed copy of the Agreement is enclosed for your records. Please contact Brian
Perry, project manager, at 443-6353 if you have any questions.
Very truly yours,
Cheryl Jo son
City Clerk
Enclosure
cc: Engineering and Building Director (with copy of Agreement)
Brian Perry (with copy of Agreement)
32400 PASEO AD LANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
5 STATUS REPORT ON aW D VE OPMENT APPLICATION440 10
The Report dated August 15, 1995, from the Planning Director, advising that no new
development applications were received by the City since the last report of July 18, 1995, was
received and filed.
6. APPROVAL OF PLANS SPECIFICATIONS—AND ALMQRIZATLQN, T
RECEIVE BLD - PUVER STREET DRAIN E IMP VE N (600.30)
As set forth in the Report dated August 15, 1995, frons. the Director of Engineering and
Building, the plans and specifications were approved for the River Street Drainage
Improvements. Staff was authorized to call for bids. Council Member Jones abstained on this
item due to a possible conflict of interest resulting from the proximity of his
business/residence to the project.
7. APPROVAL OF PSPECIFICATIONS.A T N T
RECEIVE B - LAC-QUAGUE LAC—QUABUILDING RE VATI 600 30
As set forth in the Report dated August 15, 1995, from the Director of Engineering and
Building, the plans and specifications were approved for the upgrading and remodeling of the
Lacouague building. Staff was authorised to call for bids.
�.�_.... 8. CQNSTRUCTION LI - RI
QRAINAQE T NE (600,30)
As set forth in the Report dated August 15, 1995, the Construction License Agreement
between the City and Mr. and Mrs. Gilbert E. Jones was approved to allow the City to access
and construct a minor part of the River Street Drainage Improvements on the Jones' property,
Lot 55, Tract 103, within River Street. The Mayor was authorized to execute the Agreement
on behalf of the City. Council Member Jones abstained.
fell ROOM
As set forth in the Report dated August 15, 1995, the Construction License Agreement
between the City and Douglas and Braven Ito was approved to allow the City to access and
construct a minor part of the River Street Drainage Improvements on their property, Lot 56,
Tract 103, within River Street. The Mayor was authorized to execute the Agreement on
behalf of the City. Council Member Jones abstained on this item due to a possible conflict
of interest resulting from the proximity of his business/residence to the project.
City Council Minutes -3- 8115195
A SNDA ITEM
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
August 15, 1995
SUBJECT: River Street Drainage Improvements - Construction License Agreement (Jones)
RECOMMENDATION
By motion, approve the Construction License Agreement with Mr. and Mrs. Jones to allow the City
to access and construct a minor part of the River Street Drainage Improvements on Mr. and Mrs.
Jones' property, Lot 55 of Tract 103, within River Street and authorize the Mayor to execute the
Agreement on the City's behalf
SITUATION
A. Summaa andRecommendation
The Capital Improvement Program. for FY 94-95 included funding for the design or design
and construction of a number of projects to correct drainage problems. One of these projects
is the River Street Drainage Improvements which is funded for construction in FY 95-96.
Most of this work is within the City street right-of-way on Los Rios Street or within the
public storm drain easement in River Street. A minor part of the work however, lies outside
these areas on private property within the limits of River Street.
Staff is recommending that the City enter into a temporary Construction License Agreement
with Mr. and Mrs. Jones for this work.
B. Background
River Street was abandoned as a public street by the County of Orange in 1948 and reverted
to the adjacent properties, Lots 55 and 56 of Tract 103. As part of the public construction
requirements of the Franciscan Plaza project, a storm drain. was constructed from the
Franciscan Plaza and VVerdugo Street down River Street to Trabuco Creek in a public
easement obtained from the owners of Lots 55 (Jones) and 56 (Ito) of Tract 103. An inlet
to this storm drain was provided on River Street approximately 20 feet west of Los Rios
Street, During light rains, the inlet collects street run-off' adequately. During moderate to
heavy rains, street run-off bypasses the inlet. This project will mitigate this situation in part
by providing drainage inlet capacity on Los Rios Street by means of a slotted drain. Also, the
cross fall on River Street will be increased locally from approximately 2% to 4% by a
combination of overlaying or reconstructing River Street in the area adjacent to the existing
inlet.
FOR M"TY COUNCIL AGME
ACT NDA ITEM
-2-
COMMISSION/BOARD REVIEW RECOMMENDATION
NIA
FINANCIAL CONSIDERATIONS
August 15, 1995
There are no direct costs associated with entering into this Construction License Agreement.
NOTIFICATION
Mr. and Mrs. Gil Jones
ALTERNATE .ACTIONS
I . Approve the Construction License Agreement with Mr. and Mrs. Jones and authorize the
Mayor to execute the Agreement.
2. Do not approve the Construction License Agreement,
3. Refer to Staff for additional information.
RECOMMENDATION
By motion, approve the Construction License Agreement with Mr. and Mrs. Jones to allow the City
to access and construct a minor part of the River Street Drainage Improvements on Mr. and Mrs.
Jones' property, Lot 55 of Tract 103, within River Street and authorize the Mayor to execute the
Agreement on the City's behalf.
Respectfully Submitted:
William M. Huber, P.E.
Director of Engineering & Building
WMH/BR ssg
attachment: Construction License Agreement
a:lhldjones.bp
Pr ed By:
Brian Perry, P.E.
Senior Civil Engineer