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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