Resolution Number 22-12-13-041 12/13/2022
RESOLUTION NO. 22-12-13-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING CITY’S INTENT TO VACATE
EXCESS RIGHT OF WAY LOCATED AT 26874 OLD MISSION ROAD
(FORMERLY ORTEGA HIGHWAY), EXCEPTING AND RESERVING
RIGHTS FOR EXISTING PUBLIC UTILITY FACILITIES, AND SETTING A
TIME AND PLACE FOR PUBLIC HEARING
WHEREAS, the City approved a Disposition and Development Agreement,
approving development within the subject public right of way (“Property”); and
WHEREAS, the Property is no longer needed for public utility or highway
purposes; and
WHEREAS, the Property is further depicted and described in Exhibit’s A and B;
and
WHEREAS, the City is informed that certain existing public utility facilities,
including a gas line operated by Southern California Gas Company, underground conduit,
and overhead utility lines for San Diego Gas and Electric, AT&T, Cox Cable, and the City
Public Utilities for water and sewer lines (“Facilities”), remain on the Property; and
WHEREAS, the City has authority to initiate street vacation proceedings pursuant
to Streets and Highways Code section 8300 et seq.; and
WHEREAS, Streets and Highways Code section 8324 authorizes the City Council
to impose conditions on the vacation of a street or highway, which conditions shall be
satisfied before the resolution of vacation is recorded and effective; and
WHEREAS, the City intends to initiate the process for vacating the excess right of
way for the Property and reserving and excepting from the vacation all easements and
rights necessary to maintain, operate, replace, remove, or renew the Facilities, by setting
a time and place for a public hearing on the vacation and directing the City Clerk to
provide, publish and post all required notices.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1. The forgoing recitals are true and correct.
SECTION 2. The location of the Property subject to vacation is depicted and
described in Exhibit’s A and B attached to this Resolution and incorporated herein, and
is summarized as that portion of right of way at 26874 Old Mission Road (formerly Ortega
Highway)
2 12/13/2022
SECTION 3. The City Council hereby declares an intention to initiate the process
for vacating the excess right of way of the Property, pursuant to Streets and Highways
Code section 8320.
SECTION 4. This Resolution is not subject to the California Environmental Quality
Act (“CEQA”) pursuant to CEQA Guidelines Section 15060(c) (California Code of
Regulations, Title 14, Chapter 3), because it has no potential for resulting in a direct or
reasonably foreseeable indirect physical change to the environment.
SECTION 5. The City Council hereby sets a public hearing on the proposed
vacation of the excess right of way for the Property for January 17, 2023, or as soon
thereafter as the matter may be heard, at the City Council Chamber, 32400 Paseo
Adelanto, San Juan Capistrano, California 92675. At the conclusion of the public hearing,
the City Council shall determine, from all evidence submitted, whether or not the portion
of right of way of the Property proposed to be vacated is necessary for present or
prospective public use.
SECTION 6. The City Clerk is hereby directed to post this Resolution of Intention
and publish notices of the public hearing for at least two successive weeks prior to the
date set for public hearing, pursuant to the requirements of California Streets and
Highways Code section 8322. Notices of the proposed vacation shall additionally be
posted along the line of the Property proposed to be vacated, pursuant to the
requirements of Streets and Highways Code section 8323.
PASSED, APPROVED, AND ADOPTED this 13th day of December 2022.
HOWARD HART, MAYOR
ATTEST:
_______
MARIA MORRIS, CITY CLERK
3 12/13/2022
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 22-12-13-04 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
13th day of December 2022, by the following vote:
AYES: COUNCIL MEMBERS: Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
____________________________
MARIA MORRIS, CITY CLERK
PAGE 1 OF 1
EXHIBIT “A”
LEGAL DESCRIPTION:
THAT PORTION OF LOT 21 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER RECORDED IN BOOK 11, PAGES 29
THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION EL CAMINO REAL SOUTH AND ORTEGA
HIGHWAY AS SHOWN ON RECORD OF SURVEY NO. 2018-1140, AS PER MAP FILED IN BOOK 309,
PAGES 5 AND 6, OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE, ALONG SAID CENTERLINE OF ORTEGA HIGHWAY SOUTH 84°43’58” EAST 191.22 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF
660.03 FEET; THENCE, AT RIGHT ANGLES, SOUTH 05°16’02” WEST 39.39 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE, PARALLEL WITH SAID CENTERLINE, NORTH 89°43’58” WEST 35.88 FEET TO THE
WESTERLY LINE OF SAID LOT 21, SHOWN AS “L157” ON RECORD OF SURVEY NO. 2009-1078, AS
PER MAP FILED IN BOOK 246, PAGES 32 TO 43, INCLUSIVE, OF RECORD OF SURVEYS, IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE, ALONG SAID WESTERLY LINE, SOUTH 08°15’33”
WEST 7.98 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 1050.00 FEET, A RADIAL LINE BEARS SOUTH 01°09’43” WEST, SHOWN ON
AS “C117” ON SAID RECORD OF SURVEY NO. 2009-1078; THENCE, ALONG SAID CURVE IN AN
EASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 01°58’32” AN ARC LENGTH OF 36.20
FEET TO A LINE THAT PASSES THROUGH THE POINT OF INTERSECTION OF THE EAST LINE OF
LOT 23 OF SAID TRACT NO. 103 WITH THE SOUTH RIGHT OF WAY LINE OF THE CALIFORNIA
STATE HIGHWAY AS DESCRIBED IN DEED RECORDED IN BOOK 1046, PAGE 292, OFFICIAL
RECORDS OF SAID COUNTY RECORDER; THENCE, ALONG SAID RIGHT OF WAY LINE, SHOWN
AS “L158” ON SAID RECORD OF SURVEY, SOUTH 73°49’14” EAST 99.05 FEET TO THE EASTERLY
LINE OF SAID LOT 21; THENCE, ALONG SAID EASTERLY LINE, SHOWN AS “L159” ON SAID
RECORD OF SURVEY NO. 2009-1078, NORTH 19°12’13” EAST 15.68 FEET TO THE NORTHERLY
CORNER OF THE LAND DESCRIBED AS PARCEL DD102506-01-01 IN DIRECTOR’S DEED
RECORDED JULY 27, 2018 AS INSTRUMENT NO. 2018000274958, OFFICIAL RECORDS OF SAID
COUNTY RECORDER AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY, CONCENTRIC WITH AND DISTANT 39.39 FEET SOUTHERLY, TO SAID
CENTERLINE OF ORTEGA HIGHWAY, HAVING A RADIUS OF 620.64 FEET, A RADIAL LINE BEARS
NORTH 14°37’04” EAST, BEING TANGENT AT ITS ENDPOINT TO SAID COURSE DESCRIBED AS
“NORTH 84°43’58” WEST 35.88 FEET”; THENCE, ALONG SAID CURVE IN A WESTERLY DIRECTION,
THROUGH A CENTRAL ANGLE OF 09°20’50”, AN ARC LENGTH OF 101.25 FEET TO THE TRUE
POINT OF BEGINNING.
THE ABOVE-DESCRIBED LAND CONTAIN A TOTAL AREA OF APPROXIMATELY 1,383 SQUARE
FEET.
ALL AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME AND UNDER MY DIRECTION.
___________________________________________________
DAVID R. GRAY, P.L.S. NO. 5239 DATE
EXPIRES: 06-30-2023
C/L EL CAMINO REAL SOUTH
SEC LOT 23
C1
T.P.O.B.
L8
LINE TABLE:
L6
SEC LOT 21
NEW C/L ALIGNMENT PER R.S.
NO. 2018-1140 R.S.B. 309/5-6
CURVE TABLE:
C1-
R=1050.00'
L= 36.20'
C2-
R=620.64'
L=101.25'
R=1040.00'
L=75.76'
L4
C/L ORTEGA HIGHWAY
L9
L4 C1
S'LY R/W PER
O.R. 1046-292
SCALE: 1"=40'
EXHIBIT "B"SHEET 1 OF 1
PORTION OF LOT 21, TRACT NO. 103, M.M. 11/29-33
IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA
( ) DATA PER RECORD OF SURVEY
NO. 2009-1078 R.S.B. 246/32-43
< > DATA PER RECORD OF SURVEY
NO. 2018-1140 R.S.B. 309/5-6
LEGEND:
DETAIL
SCALE 1"=10'
PREPARED BY:
601 E. DAILY DRIVE, SUITE 225
CAMARILLO, CA 93010
805-987-3945 FAX: 805-987-1655
JOB NO. 2022 NOVEMBER 2022
Issue Plot
12/01/2022