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Resolution Number 01-2-20-5303 RESOLUTION NO. 01-2-20-4 VACATING UNUSED RIGHT-OF-WAY - LA NOVIA AVENUE (MATSUSHITA/GLENDALE FEDERAL SAVINGS AND LOAN) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING UNNECESSARY RIGHT-OF- WAY FOR THE PREVIOUSLY -PROPOSED ALIGNMENT OF LA NOVIA AVENUE, A.K.A. PARCEL C OF A GRANT DEED RECORDED IN BOOK 7963, PAGES 478-484 OF OFFICIAL RECORDS OF THE COUNTY OF ORANGE, WITHIN ASSESSOR'S PARCEL NO. 666-321-02, A.K.A. PARCEL 1 OF A MAP RECORDED IN BOOK 3, PAGE 11 OF PARCEL MAPS OF THE COUNTY OF ORANGE; EXCEPTING THE MOST NORTHERLY SEVEN FEET OF PARCEL C TO BE RETAINED FOR RIGHT-OF-WAY FOR SAN JUAN CREEK ROAD (MATSUSHITA/GLENDALE FEDERAL SAVINGS AND LOAN) WHEREAS, in 1966 the City of San Juan Capistrano was granted in -fee title to Parcel C, right-of-way for La Novia Avenue, via a Grant Deed recorded in Book 7963, Page 478, accepted via City Council Resolution No. 66-6-13-2; and, WHEREAS, in March of 1977 a revised alignment of La Novia Avenue was adopted by the City Council, and it was determined that the City no longer needed the right-of-way granted within Parcel C; and, WHEREAS, said Parcel was Quitclaimed to the purported owner, Glendale Federal Savings and Loan via a Quitclaim Deed recorded in Book 12103, Page 584; and, WHEREAS, it has recently been determined that Glendale Federal Savings and Loan was not the owner of said Parcel in 1977; and, WHEREAS, the owner of Parcel 1, Takashi and Shizuko Matsushita have verified to the City their ownership since 1972. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. The City Council hereby vacates that portion of Parcel C as shown on a grant Deed recorded in book 7963, Pages 478-484 of Official Records of the County of Orange which lies within Parcel 1 of a map recorded in Book 3, Page 11 of Parcel Maps of the County of Orange, excepting the most northerly seven feet of Parcel C, retained for right- -1- 312 3. The establishment of the Numerical Limits for the years 2002-2004 has recognized the need to insure that residential needs of the City and the region will be satisfied and will not reduce housing opportunities of the region consistent with California Government Code Section 65863.6, based upon the following: (a) The establishment of the Numerical Limits in the subsequent three calendar years will accommodate all currently entitled residential projects; and, (b) The Numerical Limits also has considered those applications that are pending or anticipated to be submitted within this pending period that may become eligible for future building permit allocations during the next three calendar years; and, (c) In accordance with Section 9-7.07.2, entitled "Exemptions: Affordable housing projects with affordability agreements," the ability to consider the construction of affordable housing projects that enter into long-term affordability agreements are not subject to the restrictions of either the Numerical Limits or Residential Allocation Schedule. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby establish the Numerical Limits for the Calendar Years 2002 through 2004 in accordance with the requirements of Title 9, Chapter 7 of the Municipal Code as follows: ATTEST: C Y CLER < Calendar Year Calendar Year 2002 300 2003 275 2004 200 PASSED, APPROVED AND ADOPTED this 20' day of February, 2001. -2- T ART, MAYOR 313 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 01-2-20-5 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of February, 2001, by the following vote: AYES: Council Members Greiner, Swerdlin and Mayor Hart NOES: Council Member Gelff ABSENT: Council Member Bathgate (SEAL) CHERYL JO SO , CITY CLERK -3-