Resolution Number 00-6-20-6373
RESOLUTION NO. 00-6-20-6
ACCEPTANCE OF AN EASEMENT FOR INGRESS, EGRESS, STREET, UTILITIES
AND ACCESS PURPOSES (MARY COOK-ELLIOTT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FROM MARY
COOK-ELLIOTT FOR 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 to this easement,
Ms. Mary Cook -Elliott has agreed to grant the subject easement, attached as Exhibit "A",
to the City for ingress, egress, street, utility and access purposes; and,
WHEREAS, the City will accept said easement in order to provide said
access and use and to provide right-of-way for construction and maintenance of a 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 accept said easement for use by the general public,
with such minor nonsubstantive changes to the form thereof as maybe agreed to by the
City Engineer and directs the City Clerk to forward this Resoltuion to the Orange County
Recorder for recordation.
PASSED, APPROVED, AND ADOPTED this 20th day of June, 2000.
OLL ,�2CAM ELL, MAYOR
ATTEST:
-1-
374
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. 00-6-20-6, 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
01101;iikiraw
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSON, 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
1111111 VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII�9.0o
20000309603 01:18pm 06113100
115 12 GOt 2
0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00
L AIRRM5101,01M
I, the undersigned, hereby grant to the CITY OF SAN JUAN CAPISTRANO and to the
following neighbors: (a) Bailey/Beck - APN 673-061-08, (b) Hartigan - APN 673-061-10,
(c) Birtcher - APN 673-061-05, (d) Scalzo - APN 121-181-08, and (e) Lapworth - APN 673-
061-01, an easement for ingress, egress, street, utilities and access purposes across and over
my 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
easement across APN 673-061-09 is being given 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.
Dated: May !V), 2000
STATE OF CALIFORNIA
COUNTY OF ORANGE
On May .3p , 2000, personally appeared Mary Cook Elliott, pe>sexaUy knewr t6
uae (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 Signatu e
JANET t. NOOGE
in COMM. # 1141142 D
cc Q aPu
Nry blic Calfani• D
ORANGE COUNTY N
IMy Carni ian EW. 7/10/01
EXhIBIT A
375
376
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 38°21'00" west, a distance of
566.64 feet to the true point of beginning:
Thence south 21054'00" 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 43059'00" 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