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1998-0818_ITO FAMILY TRUST_License Agreement
Recoraeo to tne County of orange, California RECORDING REQUESTED BY: Gary L. Gr,:mvil I City of San Juan Capistrano No Fee AND Va-1EN RECORDED RETURN TO: 19980577868 10: 55am 08/31/98 City of San Juan Capistrano 005 1700911502i 17 46 Office of the City Clerk 103 7 6.00 18.00 0,00 0.00 0, 00 0.00 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Project: Pasco Adelanto Extension, Exempt from Recording Fees Pursuant Del Obispo Street to Ramos Street, to Government Code Section 61.03 CIP No, 137 CA, y Street Construction Cheryl Joh fuon,Gqty Clerk San.Juan Capistrano, California LICENSE AGREEMENT (ITO) Lot 56 of Tract 103 THIS LICENSE AGREEMENT is made this 18th day of August 1999, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City" and Atsuo James Ito, as Trustee of the Ito Family Trust, dated September 10, 1987, as to an undivided 14.5% interest; and Braven S. Ito, as Trustee of the Braven Ito Trust, dated December 1, 1995, and Douglas M. Ito and Sheree B. Ito as Co-Trustees of the Douglas and Sheree Ito Trust, dated January 16, 1998, as tenants in common, hereinafter referred to as "Property Owner". WHEREAS, Property Owner owns land more particularly described as Lot 56 of Tract 103; and, WHEREAS, City wishes to construct a new public street to be called Pasco Adelanto adjacent to Lot 56 of Tract 103; and, WHEREAS, the most southerly 20 feet of Lot 56 of Tract 103 contains the southerly part of River Street know abandoned); and, WHEREAS, both City and Property Owner wish to connect Paseo Adelanto and River Street; and, WHEREAS, Property Owner is preparing development plans for Lot 56 of Tract 103, which plans propose driveway access from Paseo Adelanto to Lot 56 of Tract 103; and, WHEREAS, the proposed development of Lot 56 of Tract 103 has not been. submitted for the City's Development Review Process; and, WHEREAS, the construction of the River Street connection to Paseo Adelanto and the proposed driveway access from Pasco Adelanto to Lot 56 of Tract 103 are shown on construction plans titled "Paseo Adelanto Extension" dated 1998. SO NOW THEREFORE BE IT RESOLVED, Property Owner and City agree as follows: 1. Grant of License. Property Owner hereby grants to City a license right to use a portion of Lot 56 of Tract I03 known as River Street for the purpose of constructing a street connection to Paseo Adelanto more particularly shown on plans titled Paseo Adelanto Extension, dated 1998. 2. Security. In order to ensure the continuing security of private property, the City will construct a gate along the property line between Lot 56 of Tract 103 and the Paseo Adelanto right-of-way, more particularly shown on plans titled Paseo Adelanto Extension, dated 1998. 3. Future Ingress and Egress Property Owner has proposed a concept development plan for Lot 56 of Tract 103 which proposes new driveway ingress and egress to and from Paseo Adelanto, The City will construct the two driveways with curb returns across the project sidewalk, more particularly shown on plans titled Paseo Adelanto Extension dated 1998. 4. Development Review Nothing contained in this Agreement shall constitute any forma of concurrence or approval of proposed developinent on Lot 56 of Tract 103. In the event that driveways are required in different locations than those constructed per the plans titled Paseo Adelanto Extension dated 1998 for any reason, the Property Owner shall, at his own expense: a) Construct driveways at the approved locations. b) Remove driveways constructed under this Agreement. c) Remove the driveway curb returns constructed under this Agreement and replace with full height curb across the driveways. d) Construct sidewalk to the same standard as the adjacent sidewalk where the driveways have been removed. 5. Responsibili1y of PropertOwner to Maintain and Repair Im rovemaents. Property Owner, by execution of this Agreement, agrees to maintain and repair the street construction on Lot 56 of Tract 103 and to maintain and repair the security gate. Property Owner agrees to save and defend the City, its elected appointed officials, harmless from and against any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, toss, damage and liability, arising out of the performance of Property Owner's rights and obligations under this Agreement, 6. Hold harmless. 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. 7. Successors in Interest. The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Licensee, &. Term. This License Agreement shall. continue in full.force and effect, unless terminated by the mutual agreement of the Property Owner and City. DATED this��,,,,..�day of 1998 at San Juan Capistrano_ ATTEST: CITY O JUAN CAPISTRANO BY: � . Cheryl John , Ci Clerk n G iner, Mayor'RV Tern APPROVED AS TO FORM: PROPERTY OWNER: n BY: n Shaw, Ci A- ttorneg Atsuo James Ito; T stee, Ito Fam y Frust Brav S. Ito� Trustee, Brav n Ito `crust Dou. s Ito , Tru tee, D-oug as and Sheree k � '� to Trust Sheree B. Ito, Trustee, Douglas and Sheree Ito Trust Iicense_ito CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On - Az , before me, -E 17E Date Name and Title of Officer(e,g.,"Jane Doe,Notary Public') personally appeared ? f41 VD PJ 70 Name(s)of Signer(s) FEI personally known to me proved to me on the basis of satisfactory U evidence to be the perso whose nam s * are Dib WHITE subscribed to the within instr ent aV a� COMM. #1172005 0 acknowledged to me that ahey executed • NOTARY PUBLIC,-CALiFGFEMA }rG;'itft'Y the sam authorized in th My Con".Exp.r8b.1,2002 capacit res), and that y tale them signatur n the instrument the perso or the entity upon behalf of which the perso s) acted, executed the instrument. WITNESS my hand and official seal. I Place Notary Seal Above Signature of Notary Puolic OPTIONAL Though the information below is not required by Ian, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docu err: _ Title or Type of Document: �f _ Document Date: Number of Pages: �- 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 1 Signer's Name: Individual Tap Of thUlnt]"here a ❑ Corporate Officer—Titie(s): r El Partner—❑ Limited 1.-] General I f... Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: _ Signer Is Representing: 1 ©1997 National Notary Association•9350 De Sato Ave.,P.O.Box 2402•Chatsworth,CA 91373-2402 Prod.No.5907 Reorder:Call Toll-Free 1-804-875-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGIE *****�nr?LANM �************** ( On JULY 23,1598 , before me, , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared *******DOUGLAS M. TTO************* Name(5)of Signer(5) personally known to me )M proved to me on the basis of satisfactory evidence 4 " 5926 to be the persons) whose Warne is re . rr': ? subscribed to the within Instrument and a, acknowledged to me that(Eie e/they executed the same in is r/their authorized capacity(ilis�, and that by <ZQ�Per/their signatur6i on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. WITIv "handanfficial sea[. Place Notary Seal Above Signature of Notary Public f OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �- Title or Type of Docume t: Document Date; _ _.. Dumber of Pages: Signer(s) Other Than Named Above: YY�' E Capacity(les) Claimed by Signer Signer's Name: Ids Individual ® Top of[hu it here 17 Corporate Officer—Titie(s): L Partner D limited l_.l General Attorney in Fact Trustee Guardian or Conservator E, Other: Signer is Representing: 01997 National Notary Association-9350 De Soto Ave„P.O.Box 2402 n Chatsworlh,GA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On '° i before me, Date Nam and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Names)of Signer(s) personally known to me I proved to me on the basis of satisfactory z r evidence Y r. I cfn; ;' to be the person whose name__ re subscribed to the within instrument and acknowledged to me that he hh hey executed y the same in hOs eir authorized capacity(iesq, and that by histheir signatureon the instrument the persons,or the entity upon behalf of which the persol acted, executed the instrument. �3 f u WITNESS my hand i official seal � Place Notary Seal Above Signature of Notary P6E31ic OPTIONAL Though the information below is not required b law,it may rove valuable to persons relying on the document � 9 9 Y YP P Y 8 and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document es Title or Type of Document: -----____ Document Date: _ ���_"' -" l� Number of Pages: _ tip Signer(s) Other Than Named Above: — _--.____ _ Ca acit ies Claimed by Signer Signer's Name: C Individual 7op o4.r !b r ere 1t� !. (....i Corporate Officer—Title(s): L' Partner Limited Ej General i F7 Attorney in Pact ! Trustee 0, Guardian or Conservator C? Other: Signer Is Represent#ng: A ,}c 1997 National NotaryAssociation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San.Tuan Capistrano ) (Gov't Code 4081.4 & Civil Code 118 1) On August 18, 1998 , before me, Cheryl Johnson , City Clerk, personally appeared John Greiner ,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on. the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. f City Clerk ' OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Mayor pro tem License Agreement-Paseo Aelanto Extension Title Title or Type of Document Signer is :Representing Three Number of Pages City of San Juan Capistrano August 18_1 998 Date of Document Atsuo Braven Douglas & Sheree Ito Signer(s)Other Than Named Above The following item was removed liom the Consent Calendar at the request of Mayor Jones: APPROVAL OF LICENSE AGREEMENT FOR THE EXTENSION OF PASEO ADELANTO DEL OBISPO STREET TO RAMOS STREET CIP NO. 137 OTO)(600.30) Written Communications: Report dated August 18, 1998, from the Director of Engineering and Building, forwarding a License Agreement with the Ito Nursery owners for the work associated with the Extension of Paseo Adelanto, Del Obispo Street to Rarric.i Street. Approval of Agreement: It was moved by Council Member Campbell, seconded by Council Member Swerdlin and carried with Mayor Jones abstaining due to a potential conflict of interest, to approve the Agreement with the Ito Nursery owners. The City Clerk was authorized to forward the Agreement to the Orange County Recorder's Office. PKBLIC HEARINGS 1 ONTINUATION OF PRO SED REZONE 98-1 FLOOD PLAIN LAND USE P IT 98-1 ANIS ARCHITECTURAL CONTROL 98-2 TO ESTABLISH PRI TE CHRISTIAN SCHOO LOCATED AT 32532 ALIPAG STREET SAD EBACK VALLEY CHRIST AN SCHOOL 460.201550.101410.60 Proposal: Consideration o � roposed Rezone 98-1,Flood P ' Land Use Permit 98-1. and Architectural Control 98-2 to the ivate Saddleback Valley Christ School at 32532 Alipaz Street. This item was continued fr August 4, 1998. Applicant: Saddleback Valley Christian Se ol,c/o Bruce Harbin,2122N. adway, Suite 101,Santa Ana, California, 92706. Written Communications: (1) Report dated August 18, 1998 from t Planning Director requesting ntinuation of this public hearing to the meeting of S tember 1, 1998, to provide sta sufficient time to prepare the agenda item pendia the Planning Commission he ing on August 11, 1998 to evaluate traffic mitigatio easures. (2) Letter dated August 10, 1998, from Virginia Page, 32371 Alipaz, #52, San Ju Capistrano, opposing the project due to loss of agricult al land and traffic impacts. (3) Letter dated August 12, 1998, from Cheryl Kayseri, a 22-ye San Juan Capistrano resident, in favor of the Saddleback Valley Christian School. her City residents mentioned in this faxed letter, in support of this issue were Dana K sen,Chuck and Carol Carlsen, Esther Nesland, Darlene Martin and Mary Ann Johns City Council Minutes -5- 8118/98 AGENDA ITEM August 18, 1998 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering& Building SUBJECT: Consideration of Accepting License Agreement for the Extension of Paseo Adelanto, Del Obispo Street to Ramos Street (CIP No. 137) (Ito) RECOMMENDATION By motion, accept the License Agreement from the Ito Nursery owners for work associated with the Extension of Paseo Adelanto,Del Obispo Street to Ramos Street. Authorize the Mayor Pro Tem to accept the Agreement on behalf of the City and authorize the City Clerk to forward the document to the Orange County Recorder for recordation. SITUATION A.. Summan and Recommendation A License Agreement to grant the City the right to perform construction work on private property(River Street)to connect the south half of River Street to Paseo Adelanto has been offered by the Ito Nursery owners. Staff is recommending that City Council accept this offer. B. Background One of the current Capital Improvement projects is the design and construction of Paseo Adelanto from Del Obispo Street, north to Ramos Street. One of the goals of the project, in accordance with the Los Rios Precise Plan is to connect Paseo Adelanto to River Street. River Street is a private street, the north half on Mr. and Mrs. Jones' property and the south half on the Ito Nursery property. Presently, the property line separating the public right-of way from the Jones and Ito property is fenced. In order to continue to provide for the security of these properties, the project will provide a gate along this property line to be controlled jointly by the Jones' and Itos'. A License Agreement to grant the City the right to perform construction work on.the south half of River Street to Paseo Adelanto has been offered by the Ito Nursery owners. The Agreement also establishes the future maintenance of the street on private property and maintenance of the gate as the property owners' responsibility. A second License Agreement with Mr. and Mrs. Jones was accepted by City Council July 7, 1997. U b.N 3 AGENDA ITEM: August 18, 1998 Page 2 Additional to the Agreement with the Jones', the proposed Agreement for the Ito Nursery owners includes the provision of two driveways along Paseo Adelanto in anticipation of Future development. The Agreement males it clear that it would be the Nursery's responsibility to remove these driveways and construct new ones in the event that changes in location are necessary. COMMISSION/BOARD REVIEW RECOMMI=E,NDATIONS N/A FINANCIAL CONSIDERATIONS Construction funding is included in the 1998-1.999 Capital Improvement Project budget. NOTIFICATION Mr. Atsuo James Ito, Mr. Braven S. Ito, Mr. Douglas M. Ito and Mrs. Sheree B. Ito Mr. and Mrs. Jones ALTERNATE ACTIONS I. By motion, accept the License Agreement From Messrs. and Mrs. Ito offered to the City for the connection of River Street to Paseo Adelanto, 2. Do not accept the License Agreement. 3. Request additional information from Staff. AGENDA ITEM August 18, 1998 Page 3 RECOMMENDATION By motion, accept the License Agreement from the Ito Nursery owners for work associated with the Extension of Paseo Adelanto, Del Obispo Street to Ramos Street. Authorize the Mayor Pro Tern to accept the Agreement on behalf of the City and authorize the City Clerk to forward the document to the Orange County Recorder for recordation. Respectfully Submitted, ared by William M. Huber, P.E. Brian Perry, P.E. Director, Engineering & BuiIding Project Manager .Attachment: 1. Location Map 2. License Agreement WMH/BP:ssg brianl8-18adel.by [ ! F W m >e� rhes➢nr ® P ® � my yg ®� xo If 1y Aja, n P 1M� � �tl�fi9�FY'�W ® N O r ®` qqt®qqq ggga$ G fAAaUco .�� o ° a�q$ggq$qqq$ �RRaaRaaaaiRa,x-. IIS ®® aeB►a3 a y oes ����gRAWY� .�i g ® Rq yy��a^' g®4 oe. ■ �lE�� I "V�.L @ �•��S I�I:.W�V �A��Of�q®eq0��{x� ® YM' - _'oi'®�3,� VV ® � .. a �a � r l 32400 PASEO ADELANTO a MEMBERS OF THE CIT.COUNCIL I COLLENE CAMPBELL SAN JUAN CAPISTRANO, CA 92675 �,yJOHNGREINER (949)493-1171 �J m<osysAsro INYATTHART (949)493-1053 (FAX) ' srpoilsw�¢ f961 GILJONES 1776 DAVID M.SwrHOLIN ® CITY MANAGE? e ® GEORGE SCARBOROUGH August 19, 1998 Clerk-Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Re: License Agreement - Ito Gentlemen: The following document is enclosed for recordation: License Agreement with Ito to Grant the City a License Right to Use A Portion of Lot 66, Tract 103, in conjunction with the Paseo Adelanto Extension Project 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. CONFOPMED COPY 'hank you for your cooperation. Not COMPW w"h orl'Uirlat Very truly yours, -- �y Recorded in ti-ie iaoun1.+7 of c3rarlge., California .M. J` r/ 1�*..•-. Gary L. Gr,,�[-1viIle, Clerk/Recorder heryl JohUo� ni' 11111II 11f111 III I I II Ill 11111 IIT N0 Fee City Clerk 178 1 :5m 08131/98 Doc 005 170095031 17 46 Enclosure L03 7 6.00 i�1.00 0.00 0.00 0.00 0.00 Dat( San .duan Capistrano: Preserving the Past to Enhance the Future