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