Resolution Number 17-08-15-01RESOLUTION NO. 17-08-15-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, VACATING EXCESS RIGHT OF WAY
LOCATED AT 32151, 32221, AND 32351 DEL OBISPO STREET,
EXCEPTING AND RESERVING EASEMENTS AND RIGHTS FOR
EXISTING PUBLIC UTILITY FACILITIES
WHEREAS, the City intends to widen Del Obispo Street on the west side from
Calle Aspero to Paseo La Paz, where there is Property west of the roadway right-of-way
("Property"); and
WHEREAS, the Property is no longer needed for highway purposes; and
WHEREAS, the Property is further depicted and described in Exhibits A-1, A-2,
B-1, and B-2; and
WHEREAS, the City is informed that certain existing public utility facilities,
including a gas line operated by Southern California Gas Company, underground
conduit, and overhead utility lines for San Diego Gas and Electric, AT&T, Cox Cable,
and the City Public Utilities for water and sewer lines ("Facilities"), remain on the
Property; and
WHEREAS, the City has authority to initiate street vacation proceedings
pursuant to Streets and Highways Code section 8300 et seq.; and
WHEREAS, Streets and Highways Code section 8324 authorizes the City
Council to impose conditions on the vacation of a street or highway, which conditions
shall be satisfied before the resolution of vacation is recorded and effective; and
WHEREAS, pursuant to California Streets and Highways Code, Division 9 -
Change of Grade and Vacation, Part 3 -Public Streets, Highways, and Service
Easements Vacation Law (beginning with Section 8300) the City seeks to vacate the
excess right-of-way at the Property as described in Exhibit A and depicted in Exhibit B,
excepting from the vacation those easements and rights necessary to maintain,
operate, replace, remove, or renew the Facilities; and
WHEREAS, pursuant to Streets and Highways Code section 8313, this
vacation is consistent with the City's Circulation Element of the General Plan because
the widened street does not reduce roadway capacity; and
8/15/2017
WHEREAS, pursuant to Streets and Highways Code section 8320, the
City Council scheduled a public hearing for August 15, 2017, at 5:00 p .m., at the City
Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, and
gave the public notice and a reasonable opportunity to appear at the hearing and be
heard on the matter of the proposed vacation; and
WHEREAS, the hearing has been held by the City and the public was
afforded the opportunity to be heard on the matter of the proposed vacation; and
WHEREAS, at the conclusion of the hearing the City finds that the
Property proposed to be vacated is unnecessary for present or prospective public use
by the City, but that easements and rights are required to be excepted from the vacation
to maintain, operate, replace, remove or renew existing Facilities; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano as follows:
SECTION 1. The forgoing recitals are true and correct.
SECTION 2. The City has provided notice of this hearing as required by Streets
and Highways Code sections 8320-8323 .
SECTION 3. The City hereby finds that the Property proposed to be vacated is
unnecessary for present or prospective use by the City, other than reserving utilities
easements and rights, required to maintain, operate, replace, remove or renew existing
Facilities. The City Council hereby imposes the following conditions on the vacation of
the Property, all of which shall be satisfied prior to recording this Resolution:
A All temporary and permanent land rights required to construct the proposed Del
Obispo Street Widening Project shall be signed and notarized by all property
owners.
B. By this Resolution, reserve easements and rights required to maintain, operate,
replace, remove or renew existing Facilities .
SECTION 4 . The location of the Property subject to vacation is depicted and
described in Exhibit's A-1, B-1, A-2, and B-2 attached to this Resolution and
incorporated herein, and is summarized as that portion of right-of-way at 32151, 32221,
and 32351 Del Obispo Street. ·
2 8/15/2017
SECTION 5. This action is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Section 15060(c)(3) of CEQA Guidelines (the activity is not a
project as defined in Section 15378 of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly).
SECTION 6. The City Council hereby vacates the Property, depicted and
described as the area to be relinquished on Exhibit A, in accordance with Chapter 4,
Part 3, Division 9 of the Streets and Highways Code, and reserves and excepts the
right, from vacation and abandonment, general utility easements, and rights of any
public utility pursuant to any existing franchise or renewals thereof, at any time, or from
time to time, to construct, maintain, operate, replace, remove, renew, and enlarge
overhead or underground lines of pipe, conduits, cables, wires, poles, and other
structures, equipment, and for the transportation of communication signals, and for
fixtures for the transportation and distribution of electrical or electronic energy and
natural gas, water, sewer, and for incidental purposes including access to protect the
property from all hazards in, upon, over, and across the above-described portions of
streets to be vacated and abandoned . This vacation shall only occur and become
effective after the conditions specified in Section 3 of this Resolution have been
satisfied and the City Clerk has recorded this Resolution.
SECTION 7. The City Council hereby directs that the City Clerk shall not record this
Resolution unless and until the conditions specified in Section 3 of this Resolution have
been satisfied. Upon completion or satisfaction of the above conditions, the City Clerk
shall cause a certified copy of this Resolution of Vacation, attested by the City Clerk
under seal, to be recorded without acknowledgment, certificate of acknowledgment, or
further proof in the Office of the Orange County Recorder. Pursuant to Streets and
Highways Code Section 8336, no fee shall be charged for such recordation. The City
Clerk shall permanently maintain a true and correct copy of this Resolution.
SECTION 8 . This Resolution shall become effective upon its adoption. Upon the
recordation required hereby, the vacation is complete and the Property no longer
constitutes a right-of-way. The Mayor is authorized to execute any and all documents
necessary to evidence the vacation of the Property .
PASSED, APPROVED, AND ADOPTED this 151h day of August 2017 .
3 8/15/2017
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 17-08-15-01 was duly adopted by the
Cit~ Council of the City of San Juan Capistrano at the Regular meeting thereof, held the
151 day of August 2017, by the following vote:
AYES: COUNCIL MEMBERS: Reeve, Maryott, Farias and Mayor Ferguson
NOES: COUNCIL MEMBERS: Patterson
ABSENT: COUNCIL MEMBERS: None
Q l~~~
4 8/15/2017
EXHIBIT "A-1"
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
Del Obispo St.
(260 Ft to 830 Ft South of Calle Aspero)
City of San Juan Capistrano, County of Orange, State of California
A PORTION OF LOT 66 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1I PAGES
29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 66 OF SAID TRACT NO 103;
THENCE SOUTH 57° I 0'30" EAST ALONG THE NORTHEAST LINE OF SAJD LOT 66 A DISTANCE
OF 461.95 FEET; SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DEL OBISPO
STREET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 35"41'00" WEST, A
DISTANCE OF 15.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
WESTERLY RIGHT-OF-WAY SOUTH 35°41'00" WEST, A DISTANCE OF 333.70 FEET TO A
TAN GENT CURVE CONCAVE SOUTHEASTERLY AND HA VJNG A RADIUS OF 440.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
36°10'10", AN ARC LENGTH OF 277.76 FEET, TO A POINT OF CUSP, SAID POINT BEING NON-
TANGENT LINE, RADIALLY NORTH 89°30' 50" EAST; THENCE LEAVING SAID CURVE NORTH
27°30' 12" EAST. A DISTANCE OF 434.3I FEET TO AT AN GENT CURVE CONCAVE SOUTHEAST
AND HAVING A RADIUS OF 3,083.00 FEET ; THENCE NORTHEAST ALONG SAID CURVE
THROUGH A CENTAL ANGLE OF 00°55' 12", AN ARC LENGTH OF 49.50 FEET; THENCE NORTH
28°25'23" EAST, A DISTANCE OF 61.46 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3,084 .89 FEET; THEN NORTHEAST
ALONG SAID CURVE TH~OUGH A CENTRAL ANGLE OF 01 °02'27", AN ARC LENGTH OF 56 .04
FEET, TO A POINT OF CUSP, SAID POINT BEING NON-TANGENT LINE, RADIALLY SOUTH
60°32'10" EAST; THENCE SOUTH 78°17'00" WEST, A DlSTANCE OF 2.97 FEET TO THE POINT
OF BEGINNING.
CONTAINING 18,150 SQ FT (0.42 ACRES), APPROXIMATELY .
Attachment 3, Page 4 of 9
AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF .
CLEMENT N. CALVILLO, RCE 27743
CNC Engineering
Job No. 15-036
Checked by: SN (05-31-20 17)
Attachment 3, Page 5 of 9
N.T.S.
LOT 66
TRACT NO. 108
BK tt, PG 88
APN 67.3-111-17
CURVE TABLE
# l£NGTH RADIUS DELTA
Ct 277.76' 440.00' 3610'10"
C2 49.50' 3083.00' 0'55'12"
C3 56.04' 3084.89' 1 '02'27"
APN 67.3-111-21
EXIDBIT "B-1 II
NE LINE OF LOT 66
LOTS
TRACT NO. 15701
BK 884, PG 50
S's.>.,. APN 673-111-28
'0' 's, .Jot! ·.9s· t?
APN 67.3-111-16
P.O.B. l1
LINE TABLE
I l£NGTH BEARING
L1 15.20' s.JS'4t'oo"w
L2 333.70' S35'41'00"W
u 434.31' N27'30'12"E
L4 61.46' N28'25'23"E
L5 2.97' S78'17'00"W
SHEET t OF t
Prepared by:
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2121 Alton Parkway, Suite 200
Irvine, CA 92606
Phone (949) 863-0588
www.cnc-eng.com
Job No. 15-0JB May 31, 2017
I
EXIDBIT "A-2"
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
Del Obispo St.
(131 Ft to 427Ft North ofPaseo De La Paz)
City of San Juan Capistrano, County of Orange, State of California
THAT PORTION OF LOT 7 OF TRACT NO. 318 JN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14 PAGE
39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 22 OF TRACT 17713, MAP RECORDED IN
BOOK 931 PAGES 36 THROUGH 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE POINT OF BEGINNING;
THENCE NORTH 32"50' 19" WEST ALONG THE SOUTHWEST LINE OF SAID LOT 22 A
DISTANCE OF 2.94 FEET SAJD POINT BEING THE WESTERLY RlGHT-OF-WAY OF DEL OBISPO
STREET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 58"27'27" WEST A
DISTANCE OF I35.21 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 540.00 FEET; THEN SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 17"36' IS", AN ARC LNEGTH OF 165.92 FEET,
TO A POiNT OF CUSP, SAID POINT BEING A NON-TANGENT LINE, RADIALLY SOUTH
49"08'48" EAST; THENCE LEAVING SAID CURVE SOUTH 51°23'12" EAST, A DISTANCE OF
50.34 FEET; THENCE NORTH 38"1 I '55" EAST, A DISTANCE OF 30.89 FEET; THENCE SOUTH
82"45'49" EAST, A DISTANCE OF 2.33 FEET' THENCE NORTH 38 °11 '55" EAST, A DISTANCE OF
1.57 FEET TO A THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEAST AND
HAVING A RADIUS OF 508.00 FEET; THENCE NORTHEAST ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06"11'44", AN ARC LENGTH OF 54.93 FEET; THENCE NORTH 44°23'39"
EAST, A DISTANCE OF 21.66 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEAST
AND HAVING A RADIUS OF 1,170.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 08"46'44", AND ARC LENGTH OF 179.27 FEET TO A POINT
ON CUSP, SAID POINT BEING A NON-TANGENT LINE, RADAIALLY SOUTH 36"49'36" EAST;
THENCE NORTH 36"49'36" WEST, A DISTANCE OF 8.40 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION OF DEL OBISPO STREET PER DEED OF RJGHT OF WAY FOR PUBLIC
PURPOSES IN A DOCUMENT RECORDED OCTOBER 15 , 1930 lN BOOK 420 AT PAGE 430,
OFFICIAL RECORDS OF SAID COUNTY.
CONTAINING 9,637 SQ. FT (0.22 ACRES), APPROXIMATELY.
Attachment 3, Page 7 of 9
AND AS SHOWN ON EXHlBIT"B" ATTACHED HERETO AND MADE A PART OF HEREOF.
Q --
CLEMENT N. CALVILLO, RCE 27743
CNC Engineering
Job No. 15-036
Checked by: SN (05/31/20 17)
Attachment 3, Page 8 of 9
N.T.S.
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L1
L2
L3
l4
l5
l6
L7
LB
EXHIBIT "B-2"
UNE TABLE CURVE TABLE
LENGTH BEARING I LENGTH
2.94' N32'50'19"W C1 165.92'
135.21' S58'27'27"W C2 54.93'
50.34' 551'23'12"[ C3 179.27'
30.89' N38'11'55"E
2.33' S82'45' 49"E·
21.66' N44'2J'39"E
8.40' N36'49'36"W
1.57' N38'11'55"E
PORTION OF
LOT7
TRACT NO. Sf8
BK 14, PC 89
APN 673-061-10
RADIUS
540.00'
508.00'
1170.00'
(R1) PER DEED OF RIGHT OF WAY, RECORDED
OCTOBER 15, 1930, BK420, PG430
DELTA
17'36'15"
6'11'44"
8'46'44"
LOT 22
TRACT NO. 177tS
BK 981, PC 42
APN 673-801-22
SHEET 1 OF 1
Prepared by.
CNC ENGINEERING
2121 Alton Parkway, Suite 200
Irvine, CA 92606
Phone (949) 863-0588
www.cnc-eng.com
Job No. 15-036 May 31, 2017