CAPISTRANO VALLEY WATER DISTz4�izo
REQUESTED - h.2 _ cordin fees exempt due to Government Code 6103
O'Wl0 AT.D 14SAIL TO #5 -
Documentary
_ 4 P/ Transfer Tax - No Consideration
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SiAp�IPh�CA�ISTRA;Jo��A.9Zlo'75 Mary Annotanover, City Clerk
City of San Juan Capistrano
GRANT OF LICENSE FOR STREET PURPOSES
(San Juan Capistrano, California)
This Agreement is entered into as of this 3rd day of
June, 1986, by and between the Capistrano Valley Water District,
a County Waterworks District, hereinafter called "District", and
the City of San Juan Capistrano, a California General Law City
hereinafter called "City".
RECITALS
A. City desires to expand a portion of Mission Street for
public purposes;
B. District is the owner of a well and wellsite commonly
known as Little Hollywood wellsite 1;
C. The design and construction of Mission Street, as
depicted in Exhibit A attached hereto and by this reference made
a part hereof, will encroach upon District's property;
D. Such encroachment will, however, not interfere with
District's use and operation of its property.
NOW, THEREFORE, in consideration of the premises and
the promises hereinafter set forth, District and City agree as
follows:
1. Grant of License. District hereby grants to City a
license to encroach upon, use and construct Mission Street over
the Southerly six (6) feet of Little Hollywood Well Site 1, as
depicted on Exhibit A, for public street purposes.
2. Term. This license is granted for so long as the
aforesaid property shall be used for public street purposes; it
shall, accordingly, revert without any further action to District
upon the cessation or abandonment of such use.
3. Indemnity and Hold Harmless. City agrees to and
shall indemnify and keep and hold the District, its directors,
officers, employees and representatives free and harmless from
any and all claims or liability which may arise as a result of
tW City's use of District's property.
4. Successors and Assigns. The terms of this
w Aeeme�t shall be binding upon and inure to the benefit of the
> pati;hereto and their successors and assigns. _
RECORDED IN OFFl IAL 1480045
OF ORANGE COUNTY CALIFORNI-17A
N
= •2 4s pM ,UNd 1286
COUNTY
__-'w RFWROER
State of California
SS.
Countyof Orange
OFFICIAL SEAL
CHERYL A JOHNSON
NOTARY PUBLI„ - CALIFORNIA
or,ANGZ COMTY
My comm. expires NOV Il, I989
Mo
CORPORATE ACKNOWLEDGMENT
State of C'a 1 i forni a
1 SS.
County of Orange 11
OFFICIAL SEAL
CHERYL A JOHNSON
NOTARY PU8GC - CALIFORNIA
P Q$RNBE CaIRAy
My conn. expires NU Il, 1989
On this the 3rd _day of
1 A. Johnson
the undersigned Notary Public, personally appeared
B. TIoret
NO. 202
19—a6, before me,
rX personally known tome
proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Clerk or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
I;
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O Box4625 • Woodland Hills, OA 91365-4625
NO. 202
On this the 3rd day of June 19 86 , before me,
A. Johnson
the undersigned Notary Public, personally appeared
James S. Mocalis
CI personally known to me
G proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
General Manager or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
3
n20122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Boz 4625 • Woodland Hi IIS CA 91365-4625
• 86-247120
IN WITNESS WHEREOF, the District and City have caused
this license to be executed as of the date first above written.
AT -TEST:
a /J�
"so
B. Motet, Clerk
APPROVED AS TO FORM:
a es S. Okazaki
torney for District
CAPISTRANO VALLEY WATER DISTRICT
ES S. MOCALIS, GENERAL MANAGER
CITY OF SAN JUAN CAPISTRANO
By l
ATTEST: PHILLI R. SCHWARTZE, OR
(2 u - � . Flo 0
Mary W Hano r, City C1
CORPORATE ACKNOWLEDGMENT I,
NO 202
State of
California
SS.
County of Orange
OMCIAL SEAL
CHERYL A JOHNSON
NOTARY PUBLIC - CAL IFORMA
OFIANC= CCMTY
Aly ='rn. ex;i.es NM 21, 1989
n2o 122
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of Orange I
On this the 3rdday of June 1R--86, before me,
Cheryl A. .Johnson
the undersigned Notary Public, personally appeared
Phillip R. Schwartze
IC personally known to me.
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrumen�Ricipal
Mayor ----or on behalf of the/Corporation therein
named, and acknowledged to me that the,EorA� acf(Wxecuted it.
WITNESS my hand and official seal,
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • R.O. Boz 4625 • Woodland Hills, CA 91365-4625
NO. 202
On this the 4th day of Tune 19-86-, before me,
A. Carlson
the undersigned Notary Public, personally appeared
Cheryl A. Johnson
EX personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(m) who executed the within instrument as
Deputy City Clerk oron behalf of Nmc ro poratpionitherein
named, and acknowledged to me that thy'corponfARMxecuted it.
WITNESS my hand and official seal.
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Bos 4625 • Woodland Hills, CA 91365-4625
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June 6, 1986
James Mocalis, General Manager
Capistrano Valley Water District
P. O. Box 967
San Juan Capistrano, California 92693
Re: License Agreement - Los Rios Area
Dear Jim:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE P. BUCHHEIM
KENNETH E. PRIES9
GARY L. HAUSOORPER
PHILLIP R. SCHWANTES
CITY MANAGER
STEPHEN B. JULIAN
The City Council of the City of San Juan Capistrano at its regular meeting held June 3,
1986, approved and accepted the License Agreement for street purposes across the
Capistrano Valley Water District Little Hollywood Wellsite 4/1.
Enclosed is an executed copy of the License Agreement for your information. The City's
copy of the Agreement has been forwarded to the County for recording.
Thank you for your cooperation. If you have any questions, please do not hesitate to call.
Very truly yours,
N� a44L,
/yKAL
MARY ANN HANOVER, CMC
City Clerk
MAH/mac
Enclosure
cc: Director of Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0
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ACCEPTANCE OF LICENSE AGREEMENT - LOS RIOS AREA -
As set forth in the report dated June 3, 1986, from the
Director of Public Works, the License Agreement with the
Capistrano Valley Water District for encroachment across the
District's Little Hollywood Wellsite No. 1, for widening and
paving of Mission Street, was approved and accepted. The
Mayor and City Clerk were authorized to execute the
Agreement on behalf of the City; the City Clerk was directed
to forward the Agreement to the Orange County Recorder's
Office.
(o1311oo�6
AGENDAITEM
TO:
FROM:
SUBJECT:
SITUATION
June 3,1986
Stephen B. Julian, City Manager
W. D. Murphy, Director of Public Works
Acceptance of License Agreement - Los Rios Area,
Mission Street (CVWD)
The Capistrano Valley Water District is offering to grant to the City of San Juan
Capistrano a license to encroach onto the southerly six feet of the District's Little
Hollywood Wellsite #1 for the construction of Mission Street. A copy of the license is
attached.
This location is currently a 12 foot wide bottleneck on Mission Street and this license will
allow the street to be paved 16 feet wide.
NOTIFICATION
Capistrano Valley Water District.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The license is offered at no cost to the City.
ALTERNATE ACTIONS
1. Approve and accept the license agreement
2. Do not approve and accept the license agreement.
3. Request further information from Staff.
RECOMMENDATION
By motion, approve and accept the license agreement for street purposes across the
Capistrano Valley Water District Little Hollywood Wellsite l/1 and authorize the Mayor
and City Clerk to execute and record the license on behalf of the City.
Respectfully submitted,
W. D. Mu hWh
W. D.
WDM/BP:nb
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