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1983-1018_VILLAGE CENTER 1_ Relinquishment Agreement0 0 "City Copy" AGREEMENT TO RELINQUISH RIGHTS AND TO OFFER TO DEDICATE REAL ESTATE THIS AGREEMENT, made and entered into this 18th day of October 1983, by and between the City of San Juan Capistrano, hereinafter designated as CITY and Village Center I, a California General Partnership, hereinafter designated as PARTNERSHIP. W I T N E S S E T H: WHEREAS, PARTNERSHIP owns that property described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, PARTNERSHIP also owns that property described in Exhibit "B" attached hereto and by this reference incorporated herein and formerly known as Marguerite Parkway (proposed) and hereinafter referred to as Rancho Viejo Road; and WHEREAS, Rancho Viejo Road was irrevocably offered for dedication to CITY on Tract Map No. 7812, recorded in Book 324, Pages 1 through 3 inclusive of Miscellaneous Maps of the County Recorder, County of Orange, and CITY did not accept the offer on said map; and WHEREAS, CITY desires to realign Trabuco Creek Road across PARTNERSHIP'S property and CITY does not contemplate using the right of way irrevocably offered on said Tract No. 7812; and WHEREAS, PARTNERSHIP is agreeable to granting right of way to CITY for said realignment of Trabuco Creek Road and improvement of Rancho Viejo Road but desires that CITY relinquish its right to said irrevocable offer of Rancho Viejo Road. NOW THEREFORE, it is mutually agreed by and between CITY and PARTNERSHIP as follows: 1. RELINQUISHMENT OF OFFER OF DEDICATION. CITY agrees to relinquish all of its right, title and interest in and to the existing j.rrevocable offer of dedication to Rancho Viejo Road. CITY shall promptly take all actions necessary and appropriate to evidence such relinquishment of Rancho Viejo Road. 2. DEDICATION OF ULTIMATE ALIGNMENT OF RANCHO VIEJO ROAD In consideration of the relinquishment described in Section 1 above, and the agreement of CITY to abandon Rosenbaum Road as set forth in Section 3 below and other rights-of-way as described in Section 4 below, PARTNERSHIP hereby agrees to irrevocably offer to dedicate to CITY by deed the necessary right of way for Trabuco Creek Road substantially as described in Exhibit "C" attached hereto and by this reference incorporated herein. PARTNERSHIP further agrees to dedicate any necessary right of way for Rancho Viejo Road as indicated on the CITY'S present Master Plan of Arterial Highways and General Plan. 3. ABANDONMENT OF ROSENBAUM ROAD. CITY hereby agrees at such time as that portion of the PARTNERSHIP property which is described in the Dedication Deed is improved and in service as a portion of Trabuco Creek Road, CITY will promptly initiate pro- ceedings to abandon that portion of Rosenbaum Road which is contiguous to PARTNERSHIP'S property described in Exhibit "A" or "B" 4. RIGHT OF WAY WIDTHS. CITY and PARTNERSHIP recognize that right of way widths indicated in Exhibit "C" are for the purpose of establishing development standards only. Traffic Engineering analysis and development review may cause minor decreases or increases in such widths, and the dedication of Rancho Viejo Road and Trabuco Creek Road shall reflect such changes. Conversely, CITY shall abandon any right of way that is now dedicated or has been offered for dedication and found to be in excess of those requirements generated through said traffic engineering analysis and development review. 5. CLOSING. The necessary documents to effect the relinquishment, dedication and abandonment as described herein shall all be recorded concurrently by California Land Title Insurance Company, Santa Ana, California ("Cal Land"). The duties of the PARTNERSHIP to perform hereunder shall be contingent upon Cal Land being able to issue to PARTNERSHIP a title insurance policy with liability limits as determined by PARTNERSHIP for Rancho Viejo Road showing fee title in Rancho Viejo Road vested in the PARTNERSHIP, with the same being subject only to those exceptions to title acceptable to the PARTNERSHIP. The duties of CITY to perform hereunder shall be contingent upon Cal Land being able to issue to CITY a title insurance policy with liability limits not to exceed $ 82,900.00 for the portion of the PARTNERSHIP property described in the Dedication Deed, free of any monetary liens, except non -delinquent property taxes. 6. PRO -RATIONS, CLOSING COSTS. Real property taxes and assessments shall be pro -rated to the date of recordation described under Condition 5 above. PARTNERSHIP shall pay all costs incurred in conjunction with recording any resolution, or the City quitclaim any deed, and the Dedication Deed and the cost -2- • 0 of the title insurance policies for Rancho Viejo Road and for the property described in the Dedication Deed. 7. TIME OF ESSENCE. Time is the essence of this Agreement and the provisions contained herein and each and every provision hereof. 8. ATTORNEYS FEES. Should any dispute arise between the parties hereto or their legal representatives, successors and assigns concerning any provision of this Agreement or the rights and duties of any person in relation thereto, the party prevailing in such dispute shall be entitled, in addition to such other relief that may be granted, to a reasonable sum as and for their or his or its attorneys fees and legal costs in connection with such dispute. 9. CAPTION HEADINGS. Captions at the beginning of each numbered section or paragraph of this Agreement are solely for the convenience of the parties hereto and shall not be deemed part of the context of this Agreement. 10. NEGOTIATED TRANSACTION. The provisions of this Agreement have been negotiated by all of the parties hereto and said Agreements shall be deemed to have been drafted by all such parties. 11. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original of this Agreement, but such counterparts, when taken together, shall constitute but one agreement. 12. FURTHER ASSURANCES. Each of the parties hereto hereby agrees to execute such further documents or instruments as may be necessary or appropriate to carry out the intention of this Agreement. 13. NOTICES. All notices required to be given under this Agreement shall be in writing and shall be transmitted either by personal hand delivery or through the facilities of the United States Post Office, postage prepaid, certified or registered mail, return receipt requested. Any such notice shall be effective upon delivery, if hand delivered, and forty-eight (48) hours after dispatch, if mailed in accordance with the above. Notices to the respective parties shall be sent to the following addresses unless written notice of a change of address has been given pursuant hereto: If to the PARTNERSHIP: c/o Larry Tucker 3 Upper Newport Plaza Drive Newport Beach, CA 92660 If to the CITY: c/o George M. Lohnes, Jr. City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 0 0 With copy to: James S. Okazaki, Esq. Great American Federal Building 32222 Camino Capistrano, Suite A San Juan Capistrano, CA 92675 14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter contained in this Agreement, which have not been fully expressed herein. 15. BINDING EFFECT. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective legal representatives, successors and assigns. 16. UNENFORCEABLE PROVISIONS. In the event that any provisions of this Agreement shall be unenforceable or inoperative as a matter of law, the remaining provisions shall remain in full force and effect. Executed this 18th day of October 1983, at San Juan Capistrano. CITY OF SAN JUAN CAPISTRANO By ATTEST: MARY ANN, ,�TANOVEI�t-, CITY CLERK PARTNERSHIP: • VILLAGE CENTER I, a California Partnership APPROVED AS TO FORM: By LARRY `✓ General Partner ES S. OKAZAKI, TY ATTORNEY -4- • EXHIBIT A • THAT F'i tRTIrI rl , Nil; -AS SHOWN VN A t14F' RE I:VRUEL, IN POU): 11, PACE 12 OF 11ISCELLANECIU3 11AP:5, REF FIRDS OF 'SAILI 177UtJTY, T!ii.ETHF_R WITH THAI' PORTIC!14 OF :SECTICM 25, "1IOWN5H1P 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT ON THF SOUTHWEEITERLY LINE OF THE LAND S.HCIWN ON 'THE MAP FILED IN BIOK P1, PAGES 47 TU 4'? INIFLII'31VE OF RECORD OF SURVEY$, RECORDS OF SAID COUNTY, U131"ANT NORTH 50 DEG. 26' 02" WEST 47.44 FEET FROM TUE 'SOU'FHEASTFRLY TEnMINU:S.OF "FHE COURSE ON :SAID SOUTHWESTERLY LINT_ SI-IIIWN ON SAID MAP AS NORTH t10 DEI:. 2E' 02" WEST 5139.34 FEET: THENCE, ALOr40 ''4111 SOUTHWESTERLY LINE, 141IHTH 51) VEG. 26' Tl'(" WF':;T 4'?1.5() FEET "TIJ THE BFOINIJIN1.4 OF A TANGENT CURVE THEREIN, _'ONLAVE NOHTHEASFERLY AND HAVING A RALIIU_3 LIF' :a)00. 00 FEET! THENCE NURTHWE:STF"RLY ri-LING "AID CURVE 1HHUU011 A CENTRAL f,IJla_C OF 7 DEG. 16' 14", A DISTANCE IIF 253.79 FEET TO A NO:J-IAN,_ENT CURVE C!1NI.AVE FfORT-HEASTERLY AND HAVING A RADIUS OF 1,014.4:3 FLET, A RADIAL OF SAID NIIN-1"ANOENT CURVE DEAR=: SOUTH 30 DEC. 49' 31" WES1; THENCE 'cC41T1­1E.A'STE.RLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 DEG. 11' 1t", A DISTANCF OF 251.17 FEET: THEN,- F. 'TANI}ENT TO SAFE, CURVE, SOUTH 73 IiEI_. 21' 411" LA3'F 365.73 FEET TO THE BEGINNING OF A TANGENT LURVE C.1INCAV1E SOUTHERLY AND HAVING A RADIUS OF 7150.00 FEET; THENCE EASTERLY ALONG SAID LURVE, THNiIII,H A CLNTFAL ANGLE OF 5 UL'(f. 112' 71" A DISTANCE f_•I" '_.. "5 FEET TO A CUMPOUND CIIT(VF CONCAVE SOUTHWESTERLY A14U HAVING A RADIUS OF 25. n0 FEET; THENCE, SOUTHEASTERLY ALONG SAIL, CURVE, 1"HFKiUGH A CENTRAL ANGLE OF 53 DEO. 1C:' 03", A DISTANCE OF 40.71 FEET: THENCE, FANGENITO SAIN CURVEE SCIIITFI '24 DEO. 53' 43" WEST 11,.54 FEET TO THE BEUIIJNING OF A TANgENT CURVE CONL:AVE WESIERLY AND HAVING A RADIUS OF 1.74%3.00 FEET; THENCE, :S)UTHERLY Al_UNU SAID CURVE, THROUGH A CENTRAL ANGLE OF 4 DEG. 19' 12", A DISTANCE OF 131 .cti1 FEET TO THE POINT OF BEGINNING. EXT-EPTING THEREFROM THE FORTION FLINVEYED TO ORANGE COUNTY WATER WORKS DISTRICT Nil. 4 BY DEED RECORDED MARCH 23, 1972 IN BOOK 10056, PAGE 248 • OF OFFICIAL RECORDS. ALSO EXCEPTINC, ALL. OF 1HE WATER RIGHTS. WITHOUT THE FIGHT OF '_URFAF.E ENIRY, INI_I.IIDED WITHIN, OR AFPIIRTENANT' TO ..AID LAND, A3 CONVEYED TO ORANI,E FIIIIrJfY WATER WLIRI(S LI[:1TRIC.T NU. 4 BY DEED RECCQ<DEO MARCH 'L.. 1972 IN BOOK 1OU56, PAGE 245 OF OFFICIAL RECORDS. PARCEL 2. TFIAT HEAL PROPERTY IN THE CITY LIF -AN DUAN CAPISTRANO, HEING 1HAT POF.'1"10N OF 'SECTION -25, TOWN'SI-IIP 7 SnUTH, RANI.E :3 WEST. SAN BERNARDIIJFI MERIDIAN, FU:CIIRDING TO AN OFF11AAL FLAT OF _:AID LAND. FILED IN THE DISTRICT LAUD OFFICE DESCRIBED AS FCILLUWS: BFr_,IUNING AT THE POINT UW THE SO(IIf IWES(ERLY LIE OF THE LANE, `c;HUWN UN THE MAP FILED IN BCICK 'fit, PAGES 47 TCI 4'� INI;UI:.IVE OF RECCIRU rIF SURVEYS, 11EICIRD'3 OF :1ATD 0:I1114TY. T11STANT NORTH 50 FICGREES Cis_.' OZ" WE'3T 47.44 FEFT FROM THE 501,1THEA3TERLY TERMINUS OF THE COUR'3E ON SAID 'SOUTHWESTERLY LINE SHOWN i,r4 SAID MAF' AS MIRTH 511 PE(,RFES 26' 02" WEST 52.9.34 FEET; THENCE ALON13 :SAID'SOUTHWESTERLY LIEN SUI ITH 50 DEGRFE'3 26' 0;:" EAST 47,44 FEET: THEN, NORTH '_i UEORE-:F.3 33' EA^ -.T, 100.00 FEET, THENCE NORTH 50 DEGREES: 26' 02" WEST 51.1.00 FEET; THENCE NIIRTH '_'.9 DEGREE'. .33' 53" BAST 126.0; PkET TCI A POINT UN THE SUOTHERI.Y LINE OF TRACT 1411. 7212, A'3 PER MAP REI_.ORUEU IN D01iK 324, FAGES 1, 2 ArILI '3 LIF MI'>CELLANFQI"IS 11f, F'S. IN THE IIFFICE OF 1H'. CrIVIJ'TY RECORDER OF SAILI VG'ANF•E COUNTY! THENCE, ALLINO 1HE BOLINLIAFfY OF '�ATD TRACT NCI. 7312 THE TWO FI4_I114)NG COURSES: NORTH 24 DEGREES 5?' 43" EAST 16.15 FEET, AND NORTH 65 1,1EI,GE3 1.11' 17" WE>T 52.00 FEE1 THENCE LE:AVINIG SAID BiIIINDARY, 5011TH .-:4 UEOREES 5:3' 43" WE*_T 113.-14 FEET TO THC BEOI14Nfr11, OF A TANI•ENT 1_VRVE CONCAVE WESTERLY ANL, HAVING A RADIUS OF 1.74?.01) FEET; THENCE, SOUTtIERLY ALU11G':.AID "III/VE. 'THRn1101H A I;ENIHAI- ANI:.LIC jr-I4 LIEGREEti 19' 12", A DISTANCE OF 131.80 FEET TO THE FIJINI' OF BEOINNINU. PARCEL 3 11101 PORTION OF SECTION... lriW1q HIP 7 8Or11H, RANGE. 2 WEST 'GAN BERIJAHI�RIO MERIDIAN, ACCUROINf: TO THEUFFICIAL PIAT FILED IN Ff4E LII9Tf+ICT LAND ,If'F: 11 t_, _.MART_H 2'. 137'', DESCRtUHLI A_1 "NCH A FART OF THIS FUBUIVISION" AS b iLIVN ,A%_ LIN A MAP OF TIiFr NO. 7:31-1, RB:ORDFN IN B,,,IK 324, PAI_E9 1. G AND9 OF r1151 LLLANEOUI IIAPS, HECCIRLIS OF ORANGE CLIONI'Y, i ALIFTIRNIA. EXHIBIT B That portion of Tract No. 7812, in the City of San Juan Capistrano, County of Orange, State of California, shown as Marguerite Parkway on the map of said tract recorded in Book 324, Pages 1 to 3 inclusive of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: Beginning at the most Westerly Southwest corner of Lot "D" of said tract, being a point in a curve concave Northeasterly having a radius of 972.58 feet, a radial at said point bears North 310 57' 16" East; thence Southeasterly 259.98 feet along said curve through a central angle of 150 18' 56"; thence South 730 21' 40" East 365.78 feet to the beginning of a curve concave Southwesterly having a radius of 1050.00 feet; thence Southeasterly 101.61 feet along said curve through a central angle of 50 32' 40" to a point of reverse curvature with a curve concave Northwesterly having a radius of 25.00 feet, a radial at said point bears North 220 11' 00" East; thence Northeasterly 37.34 feet along said curve through a central angle of 850 34' 38" to a point in the Northwesterly line of Trabuco Creek Road as shown on said map being a point on a curve concave Southeasterly having a radius of 2052.00 feet, a radial at said point bears North 630 23' 38" West; thence Southwesterly 58.29 feet along said Northwesterly line along said curve through a central angle of 10 37' 39"; thence South 240 58' 43" West 91.26 feet to a point on a non -tangent curve concave Southwesterly having a radius of 25.00 feet, a radial at said point bears North 650 01' 17" West; thence Northwesterly 40.71 feet along said curve through a central angle of 930 18' 03" to a point of compound curvature with a curve concave Southwesterly having a radius of 950.00 feet, a radial at said point bears North 210 40' 40" East; thence Northwesterly 83.55 feet along said curve through a central angle of 50 02' 20"; thence North 730 21' 40" West 365.78 feet to the beginning of a curve concave Northeasterly having a radius of 1014.43 feet; thence Northwesterly 251.17 feet along said curve through a central angle of 140 11' 11" to the Northeasterly line of Marguerite Parkway as shown on a map filed in Book 91, Pages 47 to 49 inclusive of Record of Surveys, in the office of the County Recorder of said county being a point on a non - tangent curve concave Northeasterly having a radius of 2000.00 feet, a radial at said point bears North 460 50' 12" East; thence Northwesterly 36.67 feet along said Northeasterly line along said curve through a central angle of 1° 03' 02" being the most Westerly point of said Marguerite Parkway as shown on said map of Tract No. 7812; thence along the Northwesterly line of said Tract No. 7812 North 310 57' 16" East 87.99 feet to the point of beginning. I M RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) City of San Juan Capistrano ) 32400 Paseo Adelanto ) San Juan Capistrano, CA 92675 ) ATTN: City Engineer ) (Space Above For Recorder's Use) IRREVOCABLE OFFER OF DEDICATION Village Center I, a California general partnership ("Grantor") hereby irrevocably offers for dedication to the City of San Juan Capistrano (the "City") for street purposes that certain real property more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein (the "Property"), Reserving, however, unto Grantor, the fee title interest in the Prcperty, subject to the Irrevocable Offer of Dedication set forth herein, so that in the event the Irrevocable Offer of Dedication made hereby is not accepted by the City, or accepted and subsequently relinquished by the City, said fee title interest in the Property shall revert in its entirety to Grantor. VILLAGE CENTER I By: Larry Tucker, General Partner The Irrevocable Offer of Dedication set forth above is not accepted by the City at this time, but the City reserves the right to accept said Irrevocable Offer of Dedication at any time in the future by City Council resolution. THE CITY OF SAN JUAN CAPISTRANO By: C171 � EXHIBIT C STATE OF CALIFORNIA ss: COUNTY OF On , 1983, before me, the undersigned, a Notary Public in and for said State, personally appeared LARRY TUCKER, personally ]mown to m=_ (or proved to ne on the basis of satisfactory evidence) to be the person that executed the within instrument as General Partner on behalf of Village Center I, the partnership therein named and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Notary Public SEAL: STATE OF CALIFORNIA ) ss: COUNTY OF ) On , 1983, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to ire (or proved to me on the basis of satisfactory evidence) to be the person vho executed the within instrument as Mayor, on behalf of The City of San Juan Capistrano, the City therein named, and acknowledged to ire that such City executed the within instrument pursuant to its bylaws or a resolution of its board of directors. SEAL: WITNESS my hand and official seal. Notary Public LEGAL DESCRIPTION OF RIGHT OF WAY FOR TRABUCO CREEK ROAD IN THE CITY OF SAN JUAN CAPISTRANO Those portions of Parcels 1 and 2 in the City of San Juan Capistrano, County of Orange, State of California per Deed recorded December 7, 1979, in Book 13424, Page 776 of Official Records in the Office of the County Recorder of said County described as follows: PARCEL A That portion of Parcel 1 of said Deed lying southeasterly and southerly of the following described line: beginning at a point in that certain curve in the northeasterly line of said Parcel 1 described as concave southwesterly having a radius of 25.00 feet, a central angle of 93°18'03" and a length of 40.71 feet in said Deed, to which a radial line bears S.86°33'48"E., said point also being the beginning of a non -tangent curve concave northwesterly having a radius of 410.00 feet to which a radial line bears 5.59°07'19"E.; thence southwesterly along said 470.00 foot radius curve through a central angle of 8°41'17" a distance of 71.27 feet; thence tangent to said curve 5.39°33'58"W. 171.15 feet; thence N.88°30'45"W. 7.86 feet to a point in that certain course described as "North 50 deg. 26'02" West 491.90 feet" in the southwesterly line of said Parcel 1. October 10, 1983 Page 1 of 2 W.O. 78-3X H 8 A Legal No. 802 JG EXHIBIT A PARCEL B That portion of Parcel 2 of said Deed lying southwesterly, north- westerly and westerly of the following described line: beginning at the northwesterly terminus of that certain course in the northeasterly line of said Parcel 2 described as North 65 degrees 01`17" West 52.00 feet" in said Deed; thence along the boundary of said Parcel 2 S.65001117"E. 52.00 feet, S.24°58'43"W. 16.15 feet, S.39°33'58"W. 136.02 feet and S.50°26'02"E. 7.00 feet to a point on a line parallel with and 60.00 feet southeasterly, measured at right angles, from that certain course described as "S.39033'58"W. 171.15 feet" in hereinabove described Parcel A; thence leaving the boundary of said Parcel 2 and along said parallel line S.39°33'58"W. 98.00 feet; thence S.11011150"E. 3.16 feet to a point in that certain course described as "South 50 degrees 26'02'• East 47.44 feet" in the southwesterly line of said Parcel 2. October 10, 1983 Page 2 of 2 W.O. 78-3X H & A Legal No. 802 JG 0 Qo�b 0 Village Center I ...-_.... Name of Protect Right of way No. ....._.._.._.._.......... _..._ _... Seraonal Xzga No. FCe No. Daze A- roved as :o form by Ctty Attorney on o_ Dal Yr. Appmved u to Description George%JQ/��..4�-M rr- Clt ng neer 49- Tis- ...City- fingi-ieer .....///..���..._........_ AP roved as to La Title�C•1.tV---BUZii14A6T--------...._._ ter"' 7d3 Suede for County Recorder's vee on:y IRREVOCABLE OFFER TO CONVEY EASEMENT For valuable consideration, receipt of which is her=by acknowledged, X We) VILLAGE CENTER I, a General Partnership hereby irrevocably offer to dedicate to the CITY OF SAN JUAN CAPISTRANO a perpetual easement and right of way for STREET AND HIGHWAY purposes in, on and over all that real property situated in the City of San Juan Capistrano, County of Orange, State of California, described as follows: Exhibit "A" attached hereto and by this reference incorporated herein (the "Property"), reserving, however, unto Grantor, the fee title interest in the Property, subject to the Irrevocable Offer of Dedication set forth herein, so that in the event the Irrevocable Offer of Dedication made hereby is not accepted by the City, or accepted and subsequently relinquished by the City, said fee title interest in the Property shall revert in its entirety to Grantor. VILLAGE CENTER I, a General Partnership By LARRY TUCITR, General Partner The Irrevocable Offer of Dedication set forth above is not accepted by the City at this time, but the City reserves the right to accept said Irrevocable Offer of Dedication at any time in the future by City Council resolution. BY C c ,Ale ARY ANV OVE , C TY CLERK subecrfbtn'g Wimeea CITY OF r;JUAN CAP STRANO BY ANTHONY BLP1`]D, Mayor It Is mutually understood and agreed that the above offer may be accepted by Resolution of the City Council of said City whenever, In the Judgment of said Council, the proverty is needed for attest and highway purposes. It is further understood sad agreed that upon such acceat- ance by Bald City, it shall mail or deliver a copy of Its resolution m acceptance to the then owners at the address shown on the latest secured assessment roll in the County when said rroper:y is located, and within 60 diva thereafter said owners shall ra- move any and all permanent structures that an affixed to the above described strip of :and, and if same are not removed within said 60 day period and owner shall hold the City of San Juan Capistrano free and harmless from any and all liability for A. destruction or removal of same. It is further indention end agreed that this offer is irre- vocable and shall be absolutely and perpetually binding upon Me undersigned owners, their heirs. siccevaon and assigns. Dated thio ..17thday of JanuuarY........._...-. l9.84 C E U m H C N U E E LL c Y A a N w m 0 0 0 STATE OF CALIFORNIA COUNTY OF CgAN6e' said State, personally LAKr' .Y 56. before me, the undersigned, a Notary Public in and for personally known to me (or proved to me on the basis of satis- factory evidence) to be the person that executed the within instrument as (� a rJef(A L partnerlg(, on behalf of VILLA�C CErt1'15A i the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Signature A �VA -M' A 44y (This area for official notarial seal) State of California It j SS. County of Orancge J1 OFFICIAL, S$AI L RUTH' E MARQUARD • m NOTARY PUBLIC - CALIFORNIA ORANGE CONN �Y MYi coKh eiothAis YY 2n;' I�#4� CORPORATE ACKNOWLEDGMENT FORM 7120052 State of California SS. County of Orange JJI{ a_.: C" L, On this the 17 day of January 1988 4 , before me, Ruth E. the undersigned Notary Public, personally appeared Mary Ann Hanover Cy, personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument as pp Ci f -v Clerk 41�r4i�'g�'s°dR or on be muor tlon%rein named, and acknowledged to me that the 6orporation executed it. WITNESS my hand and official seal. Signature NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364 17th Januar 84 On this the _day of 19_, before me, Mary Ann Hanover the undersigned Notary Public, personally appeared Anthonv L. Bland X personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument�riiCiT� al Mayor or onbef � t��_�(VgorationThereln named, and acknowledged to me that theZrporation executed it. WITNESS my hand and official seal._ UUHPURATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION• 23012 Ventura Blvd.. Woodland Hills, CA91364 r EVIBIT "A" PAGE 1 of 2 M LEGAL DESCRIPTION OF RIGHT OF WAY FOR TRABUCO CREEK ROAD IN THE CITY OF SAN JUAN CAPISTRANO Those portions of Parcels 1 and 2 in the City of San Juan Capistrano, County of Orange, State of California per Deed recorded December 7, 1979, in Book 13424, Page 776 of Official Records in the Office of the County Recorder of said County described as follows: PARCEL A That portion of Parcel 1 of said Deed lying southeasterly and southerly of the following described line: beginning at a point in that certain curve in the northeasterly line of said Parcel 1 described as concave southwesterly having a radius of 25.00 feet, a central angle of 93°18'03" and a length of 40.71 feet in said Deed, to which a radial line bears 5.86033'48"E., said point also being the beginning of a non -tangent curve concave northwesterly having a radius of 470.00 feet to which a radial line bears 5.59°07'19"E.; thence southwesterly along said 470.00 foot radius curve through a central anale of 8041'17" a distance of 71.27 feet; thence tangent to said curve 5.39°33'58"W. 171.15 feet; thence N.88°30'45"W. 7,86 feet to a point in that certain course described as "North 50 deg. 26'02" West 491.90 feet" in the southwesterly line of said Parcel 1. October 10, 1983 Page 1 of 2 W.O. 78-3X H & A Legal No. 802 JG EXHIBIT A 0 PARCEL B EXHIBIT "A" PAGE 2 of 2 That portion of Parcel 2 of said Deed lying southwesterly, north- westerly and westerly of the following described line: beginning at the northwesterly terminus of that certain course in the northeasterly line of said Parcel 2 described as North 65 degrees 01'17" West 52.00 feet" in said Deed; thence along the boundary of said Parcel 2 S.65001'17"E. 52.00 feet, S.24°58'43"W. 16.15 feet, S.39°33'58"W. 136.02 feet and S.50°26'02"E. 7.00 feet to a point on a line parallel with and 60.00 feet southeasterly, measured at right angles, from that certain course described as "S.39°33'58"W. 171.15 feet" in hereinabove described Parcel A; thence leaving the boundary of said Parcel 2 and along said parallel line S.39°33'58"W. 98.00 feet; thence S.11011'50"E. 3.16 feet to a point in that certain course described as "South 50 degrees 26'02" East 47.44 feet" in the southwesterly line of said Parcel 2. October 10, 1983 Page 2 of 2 W.O. 78-3X H 3 A Legal No. 802 JG L7 ` Order No. • • Q — Escrow No. Loan No. WHEN RECORDED MAIL TO: City Clerk's Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SPACE ABOVE THIS LINE FOR RECORDER'S USE _ MAIL TAX STATEMENTS TO: Aw .— Village — Village Center I COMPUTED ON FULL VALUE OF PROPERTY CONVEYED _ COMPUTED ON FULL VALUE LESS LIENS AND Three Upper Newport Plaza Drive ENCUMBRANCES REMAINING AT TIME OF SALE Newport Beach, CA 92660 Sloruture of OeClMent of Allem eeralmininP tax —Firm NM. QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN JUAN CAPISTRANO doeS hereby REMISE, RELEASE AND FOREVER QUITCLAIM to VILLAGE CENTER I the real property in the City of San Juan Capistrano County of Orange State of California, described as Exhibit "B" attached hereto and by this reference incorporated herein. Dated STATE OF CALIFORNIA COUNTY OF 0 On Eel me. Ma undenierlad, a Notary Public in and for saki sm.. Personally apo tl known to me to be the person — whop ne1n10 aube:ribetl to the within inatrumem and acknowladptl that e\acuted Me .. WITNESS my hard seed official tW. Signature CITY OF SAN JUAN CAPISTRANO (This ars toe official notarial rW I MAIL TAX STATEMENTS AS DIRECTED ABOVE 1086110/691 State of California 1 j SS. County of Orange 11 State of OFFI(-TAT, SEAL yy pI IT.J r r+ n nnl IABD Nr rr.C, .. IFORNIA Cn"t'TY My cern. expires MAY 23,1984 OFFICIAL SEAL RUTH E MARQUARD NOTARY PUBLIC - CALIFORNIA 7120 052 California N SS. County of Qrangp On this the l7thdayof January 19 8 4 , before me. Ruth E. the undersigned Notary Public, personally appeared Mary Ann Hanover M personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrumentns City Clerk or on bet if f th�corioratloAherein unolP ppa named, and acknowledged to me that the�corporatloriexecuted it. hand and official seal. NATIONAL NOTARY ASSOCIATION • 23012 Ventura BiNd. • Woodland Mills, CA 91380 On this the 17 day of January 19,8L_4, before me, Mary Ann Hanover the undersigned Notary Public, personally appeared Anthony L. Bland LC personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Mayor or on behalf of the%or11oratlonWerein municVa.L named, and acknowledged tome that theArporatlo executed it. WITNESS my hand and official seal. CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION •23012 Ventura Blvd.• Woodland Hills, CA 91384 OFFiCI��i �e..i. r1niv A^"I ;:AIV'6VK dUbtlC >a BJH nllA k ORANGE 1. � My ccmm. expiryc. .. !- . .. ". On this the l7thdayof January 19 8 4 , before me. Ruth E. the undersigned Notary Public, personally appeared Mary Ann Hanover M personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrumentns City Clerk or on bet if f th�corioratloAherein unolP ppa named, and acknowledged to me that the�corporatloriexecuted it. hand and official seal. NATIONAL NOTARY ASSOCIATION • 23012 Ventura BiNd. • Woodland Mills, CA 91380 On this the 17 day of January 19,8L_4, before me, Mary Ann Hanover the undersigned Notary Public, personally appeared Anthony L. Bland LC personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Mayor or on behalf of the%or11oratlonWerein municVa.L named, and acknowledged tome that theArporatlo executed it. WITNESS my hand and official seal. CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION •23012 Ventura Blvd.• Woodland Hills, CA 91384 EXHIBIT B 0 That portion of Tract No. 7812, in the City of San Juan Capistrano, County of Orange, State of California, shown as Marguerite Parkway on the map of said tract recorded in Book 324, Pages 1 to 3 inclusive of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: Beginning at the most Westerly Southwest corner of Lot "D" of said tract, being a point in a curve concave Northeasterly having a radius of 972.58 feet, a radial at said point bears North 310 57' 16" East; thence Southeasterly 259.98 feet along said curve through a central angle of 151 18' 56"; thence South 730 21' 40" East 365.78 feet to the beginning of a curve concave Southwesterly having a radius of 1050.00 feet; thence Southeasterly 101.61 feet along said curve through a central angle of 50 32' 40" to a point of reverse curvature with a curve concave Northwesterly having a radius of 25.00 feet, a radial at said point bears North 220 11' 00" East; thence Northeasterly 37.34 feet along said curve through a central angle of 850 34' 38" to a point in the Northwesterly line of Trabuco Creek Road as shown on said map being a point on a curve concave Southeasterly having a radius of 2052.00 feet, a radial at said point bears North 630 23' 38" West; thence Southwesterly 58.29 feet along said Northwesterly line along said curve through a central angle of 10 37' 39"; thence South 240 58' 43" West 91.26 feet to a point on a non -tangent curve concave Southwesterly having a radius of 25.00 feet, a radial at said point bears North' 650 01' 17" West; thence Northwesterly 40.71 feet along said curve through a central angle of 930 18' 03" to a point of compound curvature with a curve concave Southwesterly having a radius of 950.00 feet, a radial at said point bears North 210 40' 40" East; thence Northwesterly 83.55 feet along said curve through a central angle of 50 02' 20"; thence North 730 21' 40" West 365.78 feet to the beginning of a curve concave Northeasterly having a radius of 1014.43 feet; thence Northwesterly 251.17 feet along said curve through a central angle of 140 11' 11" to the Northeasterly line of Dlarguerite Parkway as shown on a map filed in Book_ 91, Pages 47 to 49 inclusive of Record of Surveys, in the office of the County Recorder of said county being a point on a non - tangent curve concave Northeasterly having a radius of 2000.00 feet, a radial at said point bears North 460 50' 12" East; thence Northwesterly 36.67 feet along said Northeasterly line along said curve through a central angle of 10 03' 02" being the most Westerly point of said Marguerite Parkway as shown on said map of Tract No. 7812; thence along the Northwesterly line of said Tract No. 7812 North 310 57' 16" East 87.99 feet to the point of beginning. • 1i i'e �i�400 P' ',&0 6'A'ITC SAN JLPAW1 'CAMTR AMICI, iCAt;iF0 114 ' 'PNONJ$�4 A]i117i� February 1, 1984 Donna Petersen California Land Title Company 1010 North Main Street Santa Ana, California 92701 Re: Order No. 83-01255-12 Dear Ms. Petersen: 92675 • Enclosed please find the Irrevocable Offer to Convey Easement for Village Center I. As per our recent telephone conversation, the top portion of this document has been filled in. Thank you for your cooperation. Very truly yours, MARY ANN 04OVER, CMC City Clerk MAH/mac Enclosure CALIFORNIA LAND TWLE COMPANY DATE ESCROW OR LOAN NUMBER I A DIVISION OF CONTINENTAL LAND TIP.E C NV ❑y� LOS ANGELES COUNTY • P.O. BOX 9068 • VAN NUYS, CALIFORNIA 91409-9048 yy XK ORANGE COUNTY P.O. BOX 10100 • SANTA ANA, CALIFORNIA 92711 ❑ SAN BERNARDINO COUNTY • P_0. BOX 2517 • SAN BERNARDINO, CALIF. 92406 ❑ VENTURA COUNTY • P.O. BOJ: 612 • C/1M ARILLO. C�LLI 9925111-0612 ❑ RIVERSIDE COUNTY • P.O. BOX 2738 • ppFORNIA FtIVERSIDE, C}(L.ICIF I[4FA ❑ SOLANO COUNTY • P.O. BOY. 25 • F'AIRFIELD. CALIFORNIA 94533 DATE ESCROW OR LOAN NUMBER I TITLECFFICER John Marten ORDER In ? rp 1/30/84 Village Center NUMBER City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California ATTN: Mary Ann Hanover, CMC L City Clerk ENCLOSURES: Policy of Title Insurance C.C. & R. Deed from : Ll Deed of Trust L' Maps Other: 7 92674 J t. Returning Irrevocable Offer to Convey Easement per our telephone conversation. Donna PetersenL-7-e—�c.aL� for John Ma ten Certified copy of fJ Copy of Policy of Title Insurance ❑ Fire Insurance Policy Tax Bill Recorded document returned to us by the County Recorder. F7 Preliminary (Report Rev. 8-80 b400 Pi *&,W ma AA1 q 4 t : ;w •F SAN T : . i PT5R.0.yOCAF �LO4ri1 91875 a January 26, 1984 John Martin California Land Title Company P. O. Box 10100 Santa Ana, California 92711 Re: Order No. 83-01255-12 Dear Mr. Martin: At their meeting of January 17, 1984, the City Council quitclaimed the unused right-of-way for Rancho Viejo Road in exchange for the Irrevocable Offer of Dedication for Trabuco Creek Road. As per the letter of January 24, 1984, from Larry Tucker, I am enclosing the fully executed copies of the Irrevocable Offer to Convey and the Quitclaim Deed so you may record these documents and issue the title insurance called for pursuant to the Agreement. If you have any questions, please don't hesitate to call. Very truly yours, MARY AZNtNANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works Larry Tucker Village San Juan Homeowners Association Village San Juan Townhouse Association E TUCKER, BOORTZ 8 HEFFERNAN A PARTNERSHIP INCLUDING LAW CORPORATIONS [ THREE UPPER NEWPORT PLAZA DRIVE NEWPORT BEACH, CALIFORNIA 92660 [� TELEPHONE (714) 851-8710 Jr January 24, 1984 AP ` - n A h' Q George M. Lohnes, Jr., City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Smokey: Enclosed herewith please find the Irrevocable Offer to Convey Easement made by Village Center I to the City of San Juan Capistrano for execution by the City. Mien the docunent has been executed by the City, please forward the document directly to John Martin at California land Title Canpany, P.O. Box 10100, Santa Ana, CA 92711 under Order No. 83-01255-12. Pursuant to the Agreement to Relinquish Rights and Offer to Dedicate Real Estate, John will record the Irrevocable Offer to Convey Easement when he is in the position to record the Quitclaim Deed to be executed by the City and to issue the title insurance called for pursuant to the Agreement. Accordingly, please deliver the Quitclaim Deed to the title canpany as well. By way of copy of this letter to John, I am advising John to await further instruction frau me as to the exact amount of title insurance which will be required by Village Center I prior to recordation of the documents. I expect this will all occur prior to January 31, 1984. Smokey, I appreciate your cooperation in this entire matter. Very truly yours, VILLAGE CENTER I Larry Tucker, General Partner cc: John Martin 0 0 9. APPROVAL OF LAND TRANSFER, RANCHO VIEJO ROAD/TRABUCO CREEK / ROAD (VILLAGE CENTER I)(38-#443) �i38) As set forth in the report dated January 17, 1984, from the (73) Director of Public works, and in accordance with the agreement dated October 18, 1983, between the City and Village Center I, the unused right-of-way for Rancho Viejo Road was quitclaimed by the City in exchange for the irrevocable offer of dedication for Trabuco Creek Road from Village Center I. The Mayor and City Clerk were authorized to execute the documents on behalf of the City. AGENDA ITEM TO: Stepehn B. Julian, City Manager January 17, 1984 FROM: W. D. Murphy, Director of Public Works SUBJECT: Land Transfer, Rancho Viejo Road/Trabuco Creek Road (Village Center I) SITUATION: Village Center I is an approved commercial office/development at the intersection of Village Road and Rancho Viejo Road, adjacent to Village San Juan. On October 18, 1983, the City Council entered into an agreement with Village Center I (see attached agreement) for the quitclaim of the unused portion of Rancho Viejo Road in exchange for the dedication of the necessary right-of-way for Trabuco Creek Road where it inter- sects existing Rancho Viejo Road. The attached Quitclaim and Irrevocable Offer of Dedication documents have been prepared in accordance with the agreement with Village Center I. COMMISSION/BOARDS REVIEW, RECOMMENDATION: Not applicable FINANCIAL CONSIDERATIONS: There is no cost or compensation associated with this action. ALTERNATE ACTIONS: 1. Quitclaim the unused right-of-way for Rancho Viejo Road in exchange for the irrevocable offer of dedication for Trabuco Creek Road. 2. Do not quitclaim the unused right-of-way for Rancho Viejo Road in exchange for the irrevocable offer of dedication for Trabuco Creek Road. 3. Request further information from Staff. RECOMMENDATION• By motion, quitclaim the unused right-of-way for Rancho Viejo Road in exchange for the irrevocable offer of dedication for Trabuco Creek Road. Further, authorize the Mayor and City Clerk to execute the documents. Respectfully submitted, W. D. WDM/CMB:olol attach�epts n� M1 , i.., .......... 32'400 PASSOi ADGFAATO' SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHON!& RA351 1 7 t H e' January 11, 1984 Mr. Larry Tucker Tucker, Boortz & Heffernan Three Upper Newport Plaza Drive Newport Beach, CA 92660 Re: Village Center I Dear Sir: Enclosed is the Irrevocable Offer of Dedication for Trabuco Creek Road. This document has-been prepared in accordance with the "Agreement to Relinquish Rights and to Offer to Dedicate Real Estate", approved by the City Council on October 18, 1983. Please review and execute the document before a notary public and return it to this office for City Council consideration on January 17, 1984. If you have further questions or need additional information please give me a call. Very truly yours, CITY OF SAN JUAN CAPISTRANO )Aaf 1pl�PWQ0 George M. Lohnes, Jr. City Engineer GML:CMB/rem Encl. TUCKER, BOORTZ S HEFFERNAN A PARTNERSHIP INCLUDING LAW CORPORATIONS THREE UPPER NEWPORT PLAZA DRIVE NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 851-8710 November 21, 1983 Mary Ann Hanover City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECEIVED N?V RI Jul- Q Re: Agreement for Exchange of Right of Way, Village Center Dear Ms. Hanover: Enclosed herewith please find a copy of the above -referenced Agreement executed by Village Center I. Very truly yours, LARRY 'PUCKER For the Firm /smmv Enclosure cc: CQoxge M. Ichnes, Jr. 0 0 BIDS, CONTRACTS, AGREEMENTS 1. CONCEPT APPROVAL OF AGREEMENT FOR EXCHANGE OF RIGHT-OF-WAY ./38) Report dated October 18, 1983, from the Director of Public (73) Works, advising that in order to develop the proposed Village Center located along Rancho Viejo Road and fronting Village San Juan, the right-of-way for Marguerite Parkway must be quitclaimed and right-of-way for Trabuco Creek Road dedicated to the City. The developers have offered the exchange and an agreement prepared setting forth the terms. The Director of Public Works advised that the developers had asked for some word inserts in the agreement and requested that the agreement be approved in concept subject to review by the City Engineer_ Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the "Agreement to Relinquish Rights and to Offer to Dedicate Real Estate" with Village Center I in concept and to'authorize the Mayor and City Clerk to execute the document on behalf of the City, subject to technical review of the legal description by the City Engineer. )C),1���3 t?t/�L O 12400 PA.6*01 BQM4NTOIX SAN JlF'R1`,'CAPISTRANO. C14L.LF6RNIA 92675 PHONr493.1171 October 31, 1983 Larry Tucker Three Upper Newport Plaza Drive Newport Beach, California 92660 Re: Agreement for Exchange of Right -of -Way, Village Center Dear Mr. Tucker: At their meeting of October 18, 1983, the City Council approved the Agreement to Relinquish Rights and to Offer to Dedicate Real Estate in concept, subject to a technical review by the City Engineer. The following amendments were made: (1) Page 2, Section 2, penultimate line amended to read ". . . CITY'S present Master Plan ." (2) Page 2, Section 4, 7th line amended to include the words "now dedicated" between "is" and "or has been offered." (3) Page 2, Section 5, the dollar figure of $82,900.00 was inserted for the title insurance policy liability limits. (4) Exhibit B, second paragraph, line 19 amended to read ". . . West 91.26 ." The original and one copy executed by the City are enclosed. Please sign both copies and return one fully -executed copy to my office. If you need additional information, please do not hesitate to call. Very truly yours, i MARY ANN HANOVER, CMC City Clerk MAH/cj Enclosure cc: Director of Public Works 0 AGENDA ITEM October 18, 1983 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement for Exchange of Right-of-way - Trabuco Creek Road and Rancho Viejo Road (Village Center I) SITUATION The owners of the property fronting Village San Juan are currently processing a development proposal before the City staff. The property is bounded by Village Road on the north, Rancho Viejo Road and the freeway on the west, Rosenbaum Road on the south and Village San Juan on the east. The project is known as the Village Center and the developers are a partnership referred to as Village Center I. The developers have requested, and staff is in support of the request, that the City quitclaim the right of way for Marguerite Parkway on their property in exchange for right of way for Trabuco Creek Road and Rancho Viejo Road. When Village San Juan was developed, Marguerite Parkway was offered in dedication on an alignment that would accommodate a freeway interchange and bisected the Village Center property. The Village Center project cannot be developed unless the offered dedication of Marguerite Parkway is quitclaimed and right of way for Trabuco Creek Road dedicated to the City. At this time it is not clear if a dedication of Rancho Viejo Road right of way is necessary as that right of way already exists. The developer does not wish to proceed with development and its inherent expenses unless assurance of the quitclaim is made. Staff does not wish to make the quitclaim unless assurance of right of way dedications as discussed are made. An agreement has been prepared to meet these needs and is enclosed. A sketch for reference is also enclosed. The development process and design may alter the right of way widths as indicated in the agreement. This is recognized in the agreement and latitude for future changes has been provided. BOARDS, COMMISSIONS, REVIEW, RECOMMENDATION The Village Center project has undergone review by the Architectural Board of Review, and the Planning Commission will review the project on October 25th. No other reviews have occurred. FOR CITY COUNCIL AGENDA ll 0 0 Agreement for Exchange of Right of Way -2- October 18, 1983 Village Center I FINANCIAL CONSIDERATIONS There are no direct costs to the City. There shall be staff time expended in the preparation of quitclaim documents, but no additional costs are anticipated. ALTERNATE ACTIONS 1. Approve the agreement. 2. Take no action until Planning Commission review has occurred. 3. Do not approve the agreement. RECOMMENDATION By motion, approve the "Agreement to Relinquish Rights and to Offer to Dedicate Real Estate" with Village Center I and authorize the Mayor and City Clerk to execute the document. Respectfully submitted, W. D. Murp y WDM:GML/rem Attachments TR.OB000 GRECA 904D (w BE oeoieorno) M Cm C a 3 a c r � a n Z o C LA ti Q O � N n� a� �a n; 3 00 v UYGY 39d771A M Cm C a