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Resolution Number 02-10-15-05RESOLUTION 02-10-15-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, QUITCLAIMING A PUBLIC EASEMENT FOR ROAD AND UTILITY PURPOSES WITHIN LOT 10 OF TRACT 6402 AKA 32981 CALLE PERFECTO (IHDE TRUST) WHEREAS, the City of San Juan Capistrano is the holder of an easement for road and utility purposes within Lot 10 of Tract 6402; and, WHEREAS, the City has not improved the easement for road purposes, but has allowed installation of public utilities; and, WHEREAS, the owner of Lot 10, Tract 6402 has requested the City abandon the road portion of the easement in exchange for a public utility easement; and, WHEREAS, the City Council, pursuant to Municipal Code Section 9-2.315, conducted a duly noticed public hearing on October 15, 2002, to consider public testimony regarding the subject Quitclaim. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, as follows: SECTION 1. The City Council hereby finds and declares that the existing road and utility easement within Lot 10 of Tract 6402 is no longer necessary and may be Quitclaimed to the underlying property owner in exchange for a utility easement. SECTION 2. The City Clerk is directed to forward the Quitclaim Deed to the Orange County Recorder. PASSED, APPROVED AND ADOPTED this 15th day of October 2002. ATTEST: R. MONAHAN, CITY CLERK 1 10-15-02 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 02-10-15-05 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 15th day of October 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: s2,16 MAAGARET R. MONAHAN, City ( Hart, Campbell, Swerdlin, Gelff and Mayor Bathgate None None