Resolution Number 00-6-20-5RESOLUTION NO. 00-6-20-5
CONSENTING TO AN IRREVOCABLE OFFER AND QUITCLAIM ASSESSOR
PARCEL NUMBER 673-061-09 (MARY COOK-ELLIOTT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONSENTING TO AN IRREVOCABLE
OFFER AND QUITCLAIM FROM MARY COOK-ELLIOTT FOR PUBLIC
USE, INGRESS, EGRESS, STREET, UTILITIES AND ACCESS
PURPOSES WITHIN ASSESSORS PARCEL 673-061-09, LOCATED
NORTH OF DEL OBISPO STREET EAST OF PASEO DE LA PAZ
WHEREAS, in order to assist in providing access to a proposed subdivision,
Parcel Map 97-225 (Scalzo), and existing and future residents adjacent and up the road
from the subject parcel, Ms. Mary Cook -Elliott has agreed to irrevocably offer to quitclaim
the existing private road, known as Assessor Parcel Number 673-061-09 to the City for
public use, ingress, egress, street, utilities and access purposes, and has executed an
"Irrevocable Offer and Quitclaim" attached as Exhibit "A;" and,
WHEREAS, the City will consent to said offer in order to allow right-of-way
for construction and maintenance of an improved roadway per the conditions set forth in
a License Agreement between the City of San Juan Capistrano and the Martin and Marion
Scalzo Family Trust, recorded as Document No. 20000356142
with the Orange County Recorder.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby Consent to said Irrevocable Offer, but not accept the
dedication thereof at this time, and directs the City Clerk to forward this Resolution, with
such minor nonsubstantive changes to the form of the Irrevocable Offer and Quitclaim
thereof as maybe agreed to by the City Engineer, to the Orange County Recorder for
recordation
PASSED, APPROVED, AND ADOPTED this 20th day of June, 2000.
ATTEST:
CHERYL i—N$UN, CITY CLERK
OLLENE'CAMPSELL, MAYOR
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365
366
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. 00-6-20-5, adopted by the City Council of the City of San Juan Capistrano,
California, at a regular meeting thereof held on the 20th day of June, 2000, by the following
vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSTAIN: None
F-11 ---Ri 4 2, It 1111111111111111104 =93
(SEAL)
CHERYL JOIAS6N, CITY CLERK
-2-
Recording Requested by and
When Recorded Return to:
City of San Juan Capistrano
Attn: City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
20000309605 01:18pm 06113100
113 12 001 3
0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00
IRREVOCABLE OFFER AND QUITCLAIM
I, the undersigned, hereby irrevocably offer and quitclaim to the CITY OF SAN JUAN
CAPISTRANO for ingress, egress, street, utilities and access purposes all of my right, title
and interest in and to the property which is referred to as Assessor's Parcel Number 673-
061-09 the full legal description of which is attached hereto as Exhibit A and incorporated
by reference. This irrevocable offer and quitclaim is being made to facilitate present and
future access for ingress, egress, street, utility, and access purposes including future parcels
which may be created, to the following neighbors whose properties adjoin the road:(a)
Bailey/Beck - APN 673-061-08, (b) Hartigan - APN 673-061-10, (c) Birtcher - APN 673-
061-05, (d) Scalzo - 121-181-08, (e) Lapworth - 673-061-01. The further purpose of this
quitclaim is to transfer and convey any other rights in my name including easements,
quitclaims, and reversionary rights along the road extending from Del Obispo to Calle
Ricardo to the City of San Juan Capistrano.
In the event that the City of San Juan Capistrano vacates the road in the future or fails to
accept it for its intended use, the fee title to the road and use thereof shall revert to those
neighbors who utilize the road and who have contributed towards the purchase of the
road, who will be listed on an attachment and recorded herewith.
Dated: May --2000
__--
M4 Cook Elliott
STATE OF CALIFORNIA
COUNTY OF ORANGE
On May aj ; 2000, personally appeared Mary Cook Elliott, ^--U-- kPQ .., *o
-ate (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her signature on the instrument, the person or the
entity upon behalf of which the person acted, executed the instrument. Witness my hand
and official seal.
[Seal] Notary Signature
JANET 1. NODGE
W COMM. # 1147142 s
cc Nary RLBa Ca""a 0)
ORANGE COUNTY
14ao z My Cmn*slon Exp. 7118/01
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EXHIBIT A
367
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EXHIBIT A
APN 673-061-09
That portion of Lot 7 of Tract No. 318 in the City of San Juan Capistrano, County of
Orange, State of California, as shown on a map thereof recorded in Book 14, Page 39,
Miscellaneous Maps, Records of said Orange County described as follows:
Beginning at the intersection of the southeasterly prolongation of the northeasterly line of
said Lot 7 with the centerline of McKinley Avenue, 40.00 feet in width, as shown on said
Map; thence along the northeasterly line of said lot north 38021'00" west, a distance of
566.64 feet to the true point of beginning:
Thence south 21°54'00" west, a distance of 106.14 feet;
Thence south 09°51'00" east, a distance of 424.66 feet;
Thence south 43059'00" east, a distance of 111.48 feet,
to the centerline of McKinley Avenue, thence N 57°39'00" east
along said centerline a distance of 30.63 feet to a point distant
south 57°39'00" west, 254.76 feet from the intersection of the
prolongation of the northeasterly line of said lot and the centerline
of McKinley Avenue.
Thence north 43°59'00" west, a distance of 108.44 feet,
Thence north 09°51'00" west, a distance of 406.92 feet,
Thence north 21054'00" east, a distance of 80.46 feet;
Thence north 38°21'00" west, a distance of 34.56 feet;
To the true point of beginning;
Containing 18573.52 square feet or 0.4264 acres more or less.
369
ATTACHMENT
CONTRIBUTORS
Martin E. and Marion E. Scalzo Trust - 1987
Frederick T. Scalzo
APN 121-181-08
ATTACHMENT: IRREVOCABLE OFFER AND QUITCLAIM, COOK/ELLIOTT
DATED MAY 25,2000