Resolution Number 00-01-04-3075
RESOLUTION NO. 00-01-04-3
APPROVING VACATION OF AN EASEMENT FOR SLOPE AND
DRAINAGE PURPOSES (28992 VIA ESCOLAR/HELD/MISSION TIREI
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, VACATING AN EASEMENT FOR SLOPE AND
DRAINAGE PURPOSES AND APPROVING A LANDSCAPE MAINTENANCE
AGREEMENT FOR PROPERTY WITHIN AND ADJACENT TO 28992 VIA
ESCOLAR, ASSESSOR PARCEL NO. 650-011-37 (WAYNE HELD/MISSION
TIRE)
WHEREAS, on April 15, 1997, the City accepted an easement for slope and
drainage purposes within Assessor Parcel No. 650-011-37 from the Transportation Corridor
Agency in conjunction with completion of the San Joaquin Hills Transportation Corridor; and,
WHEREAS, the underlying property owner, Mr. Wayne Held, has requested the
City vacate said easement in order to accommodate landscape improvements proposed to be
installed by Mr. Held; and,
WHEREAS, Mr. Held has agreed to reimburse the City in the amount of $4,000;
and,
WHEREAS, Mr. Held has agreed to enter into a Landscape Maintenance
Agreement; and,
WHEREAS, the City Council has determined that there is no further need to
retain said easement.
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 the slope/drainage easement, Parcel No.
300009-1, as shown on an Easement Deed recorded with the Orange County Recorder as
Document No. 199770198060 and as shown on Exhibit A, Vacation Deed, attached hereto.
SECTION 2.
The City Council hereby approves the corresponding Landscape Maintenance
Agreement, attached hereto as Exhibit B.
SECTION 3.
The Mayor and City Clerk are hereby authorized to execute the Resolution,
Vacation Deed and Landscape Maintenance Agreement.
511
M.
SECTION 4.
The City Clerk is hereby directed to forward the Resolution, Deed and Landscape
Maintenance Agreement to the Orange County Recorder's Office.
PASSED, APPROVED, AND ADOPTED this
January , 2000.
OLL CAMP LL, MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
day of
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.
00-01-04-3 adopted by the City Council of the City of San Juan Capistrano,
California, at a regular meeting thereof held on the ath day of January
2000, by the following vote:
AYES: Council Members Jones, Greiner, Swerdlin and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Member Hart
(SEAL)
2
CHERYL JOH , 6ITY CLERK
-2-
Recorded at the Request of
and Return to:
CITY CLERK'S OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Documentary Transfer Tax
No Tax Due -No consideration
Recording Requested Per Government
Code Section 6103 -Public easement vacation
CHERYL JOHNSON, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
Project: Slope/drainage easement vacation
Assessor's Parcel No. 650-011-37
Address: 28992 Via Escolar, San Juan Capistrano, CA 82675
EXHIBIT A
SLOPE AND DRAINAGE EASEMENT VACATION DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY
OF SAN JUAN CAPISTRANO, a Municipal Corporation, does hereby vacate the slope and
drainage easement, Parcel No. 300009-1 on the Easement Deed recorded with the
Orange County Recorder as Document No. 19970198060, pertinent portions of which are
included as Attachment "A", attached hereto and made a part hereof, to Mr. Wayne L.
Held, whose mailing address is: 25301 New Haven, Lake Forest, CA 92630,
ATTEST:
1 ,
CHERYL JOHNSON, CITY CLERK
077
0784,
a
Recording Requested by,
Transportation Corridor Agency
When Recorded, Mail to:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: William Huber
EASEMENT
DEED
(CORPORATION)
ATTACHMENT "A"
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
No Fee
19910198068 10:10am 04/30/97
004 19004170 19 29
E01 9 23 0.00 7.00 24.00 0.00 0.00 0.00 0.00
0.00 0.00
This office is exempt from fling fees
under Government Code §6103.
NO TAX DUE FOR CODE 11922
Soave above this line for Recorder's Use
Agency
County
Route
Post Mile
Parcel Number
SJHTCA
Orange
73
9.6 to 11.5
SEE EXHIBIT
„A.,
San Joaquin Hills Transportation Corridor Agency, a California joint powers agency, does
hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, all real property in the City of
San Juan Capistrano, County of Orange, State of California, described as:
See Exhibit "A" attached hereto and by this reference made a part hereof.
See Exhibit "B" attached hereto and by this reference made a part hereof.
STHO103.7BBgk
Sheet 1 of 8
079
EXHIBIT "A"
EASEMENT DEEDS
THOSE PARCELS OF LAND IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY
OF ORANGE, STATE OF CALIFORNIA, BEING THOSE PORTIONS OF FRACTIONAL
SECTIONS 24 AND 25, TOWNSHIP 7 SOUTH, RANGE 8 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, ALONG
WITH A PORTION OF LOT 1, TRACT NO. 112, AS SHOWN ON A MAP RECORDED
IN BOOK 11, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, AND THAT PORTION OF LOT B, OF TRACT NO. 7671 AS SHOWN ON A
MAP RECORDED IN BOOK 299, PAGES 47 THRU 49 INCLUSIVE OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND A
PORTION OF PARCELS 2 AND 3 OF BOOK 14, PAGE 48 OF PARCEL MAPS, AND
THAT PORTION OF PARCELS 2 AND 3 OF BOOK 75, PAGE 39 OF RECORDS OF
SURVEYS AND THOSE PORTIONS OF PARCELS 1 AND 2 OF LOT LINE
ADJUSTMENT NO. LL 77-27, RECORDED NOVEMBER 14, 1977 IN BOOK 12454,
PAGE 1568, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
SECTION 1.1
SLOPE AND DRAINAGE EASEMENTS
PARCEL NO. 300001-1 OF DOCUMENT NO.
19950587078, RECORDED 12/29/95
PARCEL NO. 300002-1 OF DOCUMENT NO.
94-0470471, RECORDED 7/26/94
- PARCEL NO. 300003-1 OF DOCUMENT NO.
19960303715, RECORDED 6/14/96
PARCEL NO. 300004-1 OF DOCUMENT NO.
19960515337, RECORDED 10/9/96
PARCEL NO. 300005-1 OF DOCUMENT NO.
19960230782, RECORDED 5/8/96
PARCEL NO. 300006-1 OF DOCUMENT NO.
19960522966, RECORDED 10/15/96
PARCEL NO. 300007-1 OF DOCUMENT NO.
19950556257, RECORDED 12/13/95
PARCEL NO. 300008-1 OF DOCUMENT NO.
19950471395, RECORDED 10/24/95
PARCEL NO. 300009-1 OF DOCUMENT NO.
19960333562, RECORDED 7/1/96
PARCEL NO. 300112 OF DOCUMENT NO.
19960228676, RECORDED 5/7/96
PARCEL NO. 300114-1 OF DOCUMENT NO.
19960322716, RECORDED 6/25/96
PARCEL NO. 300117-1 OF DOCUMENT NO.
19950521221, RECORDED 11/27/95
PARCEL NO. 300172 OF DOCUMENT NO.
19950587078, RECORDED 12/29/95
PUBLIC STREET AND UTILITY EASEMENTS -
PARCEL NO.
300001-2 OF DOCUMENT NO.
19950587078, RECORDED 12/29/95
PARCEL NO.
300002-2 OF DOCUMENT NO.
94-0470471, RECORDED 7/26/94
PARCEL NO.
300005-2 OF DOCUMENT NO.
19960230782, RECORDED 5/8/96
PARCEL NO.
300006-2 OF DOCUMENT NO.
19960522966, RECORDED 10/15/96
PARCEL NO.
300007-2 OF DOCUMENT NO.
19950556257, RECORDED 12/13/95
PARCEL NO.
300008-2 OF DOCUMENT NO.
19950471395, RECORDED 10/24/95
PARCEL NO.
300009-2 OF DOCUMENT NO.
19960333562, RECORDED 7/1/96
PARCEL NO.
300103 OF DOCUMENT NO.
94-0158929, RECORDED 3/4/94
PARCEL NO.
300112-2 OF DOCUMENT NO.
19960228676, RECORDED 5/7/96
PARCEL NO.
300117-2 OF DOCUMENT NO.
19950521221, RECORDED 11/27/95
PARCEL NO.
300117-3 OF DOCUMENT NO.
19950521221, RECORDED 11/27/95
PARCEL NO.
300117-4 OF DOCUMENT NO.
19950521221, RECORDED 11/27/95
SJH0103.7BBgk Sheet 3 of 8
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081
CITY OF SAN JUAN CAPISTRANO
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, California 92675
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
This is to certify that the interest in real property conveyed by the Easement Deed
for Public Street, Slope, Drainage and Utilities along Rancho Viejo Road, dated March 13, 1997,
from the San Joaquin Hills Transportation Corridor Agency to the CITY OF SAN JUAN
CAPISTRANO, a political corporation and/or governmental agency, is hereby accepted by order
of the City Council on April 15, 1997, and the grantee consents to recordation thereof by its duly
authorized officer.
(SEAL) i
Cheryl Johns(W, CM Clerk
San Juan Capistrano, California
DATED: This 16th day of April, 1997
6YAlhit 6
Recorded at the Request of
and Return to:
CITY CLERK' OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Documentary Transfer Tax
No Tax Due -No consideration
Recording Requested Per Government
Code Section 6103 -Maintenance Agreement
Within Public Right -of -Way
CHERYL JOHNSON, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
Project: Held Maintenance Agreement
Assessor's Parcel No.: 650-001-37
Address: 28992 Via Escolar, San Juan Capistrano, CA 92675
LANDSCAPE MAINTENANCE AGREEMENT
This agreement, made between the CITY OF SAN JUAN CAPISTRANO, hereinafter
referred to as "CITY" and Mr. WAYNE LARRY HELD and CYNTHIA JANE HELD, trustees
of the Held Family Trust, dated September 10, 1984, hereinafter refered to as "OWNER"
is for the purpose of ensuring on-going landscape maintenance to a CITY owned parkway.
Said parkway is located adjacent to OWNER'S property, located at 28992 Via Escolar, San
Juan Capistrano, more particularly the parkway between Rancho Viejo Road and the CITY
biketrail/pedestrian sidewalk. The area is shown on Attachment "A", attached hereto and
made a part hereof.
OWNER hereby agrees to install landscaping, as approved by CITY, and to maintain said
landscaping to the satisfaction of CITY. Said maintenance shall include but not be limited
to: watering, weed control and trimming of trees and shrubs.
This Agreement shall run with the land and be binding on future owners, assignees and
OWNERS designees,
Signed this day of 2000.
COLLENE CAMPBELL, MAYOR
ME
ATTEST:
CHERYL JOHNSON, CITY CLERK
APPROVED AS TO FORM:
JOHN SHAW, CITY ATTORNEY
OWNER:
WAYNE L. HELD
(Sign with Notary)
084' /
_EASEMENT AREA TO BE VACATED
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