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1998-0707_JONES, GILBERT & MILDRED_License Agreement RECORDING REQUESTED BY: Recorded in the County of orange, California City of San Juan Capistranonary 1 I l(ri ()v(i i , ;clerk/Recorder AND VdHEN RECORDED RETURN TO: '1111T�1111111 T I F Ell ill ill0 Fee City of San Juan Capistrano �� 2 1 0 r 4am 0810 /98 Office of the City Clerk 005 29007274 29 57 32400 Paseo Adelanto Al2 5 6.00 12.00 0.00 0.00 0.00 0.00 San Juan Capistrano, CA 92675 Project: Paseo Adelanto Extension, Exempt from Recording Fees Pursuant Del Obispo Street to Ramos Street, to Government Code Section 6103 CIP No. 13'7 Ci Street Construction Cheryl John oh, 66y Clerk San Juan Capistrano, California LICENSE AGREE NT NE Lot 55 of Tract 103 THIS LICENSE AGREEMENT is made this 7th day of Ju1Y 1998, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City„ and Gilbert E. Jones and Mildred K. Jones, hereinafter referred to as "Property Owner". "'WHEREAS, Property Owner owns land more particularly described as Lot 55 of Tract 103; and, WHEREAS, City wishes to construct a new public street to be called Paseo Adelanto adjacent to Lot 55 of Tract 103; and, WHEREAS, the most southerly 20 feet of Lot 55 of Tract 103 contains the northerly part of River Street (now abandoned), and, WHEREAS, both City and Property Owner wish to connect Paseo Adelanto and River Street; and, WHEREAS, part of this construction will be on the northerly part of River Street as shown on construction plans titled "Paseo Adelanto Extension" dated 1998. NOW THEREFORE BE IT RESOLVED,Property Owner and City agree as follows: l. Qwant of License Property Owner hereby grants to City a license right to use a portion of Lot 55 of Tract 103 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 55 of Tract 103 and the Paseo Adelanto right-of-way; more particularly shown on plans titled Paseo Adelanto Extension, dated 1998. 3. Re n i i ' f Pro er to IVIt 'n It i.r Im v nnent . Property Owner, by execution of this Agreement, agrees to maintain and repair the street construction on Lot 55 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, loss, damage and liability, arising out of the performance of Property Owner's rights and obligations under this Agreement. 4. 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. 5. Succ ssor in Interest. The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Licensee. 6. Term. This License Agreement shall continue in full force and effect, unless terminated by the mutual agreement of the Property Owner and City. St DATED this ` _ day of ao-t�- 1998 at San Juan Capistrano, ATTEST: jY: . JUAN CAPISTRANO o . d�._.ee.. Cheryl Johns , Cit/Clerk ayor ProTemaAPPROVEDAS TO FORM: WNER: John Sh w, City Attorney Gilbert E. Jones a Mildred K. Jones adflice2.bp STAT; OF CALIFORNIA, S.S. COUNTY OF ORANGE On -� 0 AJC t q before me, PHILIP J. HUGHES a Notary Public in and for said County and State, personaily appeared e e3 ,c.r personally known to file (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the person(s) whose names) Ware subscribed to the within Instrument and acknowledged to me that hsis a/they executed the same in WeHherltheir PHILIP). HUGHES authorized capacity(ies), and that by ids'/their COMK# f f63799 signature(s) on the Instrument the persons), or NoraryPublic Caiifornia the entity upon behalf of which the Person(s) ORANGE coin ly COMMi55ion Exp.12/2QJ0i acted, executed the instrument. WITNESQmyha and official sealSignatur ° PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On July 20,.1.,998 ,before me, Cherylhnson , 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. (� AL) WITNESS any hand and official seal. City Clerk 0 OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Ma or pro tem License A reement/Paseo Adelanto Extension Title T itie Or Type of Document Signer is Representing Three City of San Juan Capistrano Number of Pages July 7, 1998 Date of Document Gilbert& Mildred Jones Signer(s)Other Than Named Above Joao 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 liL�� COLLENE CAMPBELL JOHN GRElNER (949)493-1 I71oi0 9lipIIa WYATT HART (949)493-1053 (FAX) ' ftilxnner0 1961 GILJONES 1776 DAVID M.SWERDLIN ® 0 CITY MANAGER • s GEORGE$CARBOROLIGH July 20, 1998 Mr. and Mrs. Gil Jones 31791 Los Rios Street San Juan Capistrano, California 92675 Re: License Agreement - Paseo Adelanto Extension Dear Mr. and Mrs. Jones: At their meeting of July 7, 1998, the City Council of the City of San Juan Capistrano approved the License Agreement with you, granting the City a license to use a portion of your property in conjunction with the Paseo Adelanto Extension project. The agreement has been forwarded to the Orange County Recorder for recordation. A fully-executed copy of the agreement is enclosed for your files. Thank you for your willingness to cooperate with the City on this project. Please feel free to contact Brian Perry, the project manager, at 443-6353 if you have any questions. Very truly yours, Cheryl John on, CMC City Clerk Enclosure cc: Engineering and Building Director (with enclosure) Brian Perry (with enclosure) Q(1--USE 15 San Juan Cal)i strano. Preser°'!Ing the Past to Enhance the Future WITIID AL OF STATE HIGHWAY PLANTING MAINTENANCE AGREEMENT - TEGA HIGHWAY WIDENING 1-5 NORTHBOUND RAMPS TO RANCHO VIEJ AD DEPARTMENT OF TRANSPORTATION 600.50) Written Communications: (1) Report dated July 7, from the Engineering and Building Director, recommending approval of an ement with the Department of Transportation providing that the City will maintain I caping installed in conjunction with the widening of Ortega Highway from the I-5 no and ramps to Rancho Viejo Road. (2) Memorandum dated July 1, 1998, from the Engineering Building Director, advising that the local Caltrans office had requested the item be ' hdrawn from consideration to allow time to complete a formal review of the agreeme The following items were removed from the Consent Calendar at the request of Mayor Jones, who cited a potential conflict of interest due to the proximity of his residence/business to the items under consideration and turned the meeting over to Council Member Hart. APPROVAL OF LICENSE AGREEMENT FOR EXTENSION OF PASEO ADELANTO DEL OBISPO STREET TO RAMOS S'T'REET CIP NO. 1.37 (JONES11600.30) It was moved by Council Member Hart,seconded by Council Member Swerdlin and carried with Council Member Greiner absent and Mayor Jones abstaining, to approve the License Agreement from Mr. and Mrs. Jones for work associated with the Extension of Paseo Adelanto, Del Obispo Street to Ramos Street, as set forth in the Report dated July 7, 1998 from the Director of Engineering and Building. The Mayor pro tem was authorized to sign the Agreement on behalf of the City. The City Clerk was authorized to forward the document to the Orange County Recorder for recordation. APMQVAL OF PLANS AND SPECIFICATIONS AUTHORIZATION TO RECEIVkRJDS AND AUTHORIZATION TO PURCHASE STREET LIGHTS PASEO ADEL—ANIO EXTENSION DEL OBISPO STREET TO RAMOS STREET (CIP NO. 137) (600). .} It was moved by Counci tuber Hart, seconded by Council Member Swerdlin.and carried with Council Member Greiner ent and Mayor Jones abstaining,to approve the plans and specifications for Paseo Adelanto Ex sion from Del Obispo Street to Ramos Street and to authorize staff to receive bids,as set forth' . he Report dated July 7, 1998 from the Director of Engineering and Building. Substitutionof a dard concrete sidewalk in lieu of pavers was approved to reduce construction costs. The purc e of street lights was exempted from the formal bid process and staff was authorized to purchase et lights for this project. Staff was further directed to return at the time of award of contrac consider any necessary budget amendments. City Council Minutes -7- 7/7/9 AGENDA ITEM July 7 1998 TO: George Scarborough, City Manager FROM: William.M. Huber, Director of Engineering & Building SUBJECT: Consideration of Accepting License Agreement (Jones) for the Extension of Paseo Adelanto, Del Obispo Street to Ramos Street (CIP No. 137) RECOMMENDATION By motion, accept the License Agreement from Mr. and Mrs. Jones 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. Summary and Recommendation A License Agreement to grant the City the right to perform construction work on private property(River Street)to connect the north half of River Street to Paseo Adelanto has been offered by Mr. and Mrs, Jones. 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 north half of River Street to Paseo Adelanto has been offered by Mr. and Mrs. Jones. 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 for the Ito Nursery property will be necessary to construct the street connection. A"avla AGENDA ITEM July 7, 1998 Page 2 COMMISSION/BOARD REVIEW. RECOMMENDATIONS NIA FINANCIAL CONSIDERATIONS Construction funding is included in the 1998-1999 Capital Improvement Project budget. NOTIFICATION Mr. and Mrs_ Jones Mr. and Mrs. Ito ALTERNATE ACTIONS 1. By motion, accept the License Agreement from Mr. and Mrs. Jones 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. RECOMMENDATION By motion, accept the License Agreement frons.Mr. and Mrs. Jones 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. Respectfully Submitted, Prepared by William M. Huber, P.E. Brian.Perry, P.E. Director, Engineering & Building Project Manager Attachment: 1. Location Map 2. License Agreement WMWBP:ssg brianl7-7 adei.bp ;r• VZ . � W Val se � COD Cns ow w ® � �® �/11(� Y N � ®iWWW•ew'ew l mwew �. yQ2 U d 6 O m ® O R '& $ PASS A6ELANTO r s �b • -s 9sssaa �YSS1A +® 1 ® � m -..® A �� '' ®a$ a�aWea�a6®e�®m•b�� o TRA"C® Cola A�ebOeatrgQp��® asses' ®®® .�, I : SS calla o ®®•� g s i "lot:. ®®® ® aaai® j. 0q'��, ..-�s®w�m� •owp ..,Ap°�b�� ®qml�® � O