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Resolution Number 99-5-18-2149 RESOLUTION NO. 99-5-18-2 ACCEPTING "OFFER A." AN UNACCEPTED IRREVOCABLE OFFER FOR STREET AND PUBLIC UTILITY EASEMENT PURPOSES, LOT 16 TRACT 10564 - CALLE PERFECTO BUSINESS PARK. LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING "OFFER A," A PREVIOUSLY UNACCEPTED EASEMENT DEDICATED AS AN IRREVOCABLE OFFER FOR STREET AND PUBLIC UTILITY PURPOSES SHO WN AS "OFFER A" WITHIN LOT 16 OF TRACT MAP 10564, AND ON LOT LINE ADJUSTMENT 84-10564- 105 (ASSESSOR PARCEL NO. 668-441-07,32821 CALLE PERFECTO) (UNITED RENTALS/CARNEGIE CONSTRUCTION - CALLE PERFECTO BUSINESS PARK, LLC) WHEREAS, on October 15, 1980, the City Council approved Final Tract Map 10564; and, WHEREAS, Final Tract Map 10564 included "Offer A," an easement dedicated as an Irrevocable Offer for street and public utility purposes, shown as "Offer A" within Lot 16 of Tract Map 10564, recorded in Book 480, Pages 35-40 of Official Records and shown on Lot Line Adjustment 84-10564-105, recorded as Document No. 84-235190 of Official Records, which was intended to allow access to Assessor's Parcel Nos. 121-171-16 and -43; and, WHEREAS, at that time, the City did not accept said "Offer "A;" and, WHEREAS, the owner of Assessor's Parcel Nos. 121-171-16 and -43 now desires to develop said access in conjunction with Architectural control 99-1 and Tentative Tract 15853, and has requested the City now accept said "Offer A;" and, WHEREAS, United Rentals, the tenant occupying the "Offer A" area, has improvements within the Offer area and may desire to utilize the area until road improvements are installed; and, WHEREAS, the City is herein requiring a License Agreement be entered into with the underlying property owner, Carnegie Construction Company, regarding liability and retention of said tenant improvements prior to construction of public street improvements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: 1. That the City Council of the City of San Juan Capistrano does hereby accept "Offer A," an easement dedicated as an Irrevocable Offer for street and public utility purposes within Lot 16 of Tract 10564, more particularly shown on Exhibit A, attached hereto for reference. -1- 15J 2. That the underlying property owner, Carnegie Construction Company, enter into a License Agreement which defines liability responsibility and retention of existing lessee improvements. 3. That the Mayor and City Clerk are authorized to execute this Resolution and the License Agreement. 4. That the City Clerk is hereby directed to forward said Resolution and License Agreement to the Orange County Recorder's Office for recordation. 5. That the City Clerk is hereby directed to notify the property owner and tenant by registered mail/return receipt, of the City Council action to accept "Offer A" and the requirement of a License Agreement regarding liability and existing lessee improvements. PASSED, APPROVED, AND ADOPTED this 18th day of May , 1999. ATTEST: CITY CLERK I J GREINER, MAYdR -2- 151 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. 99-S-18_2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of May 1999, by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSTAIN: None ABSENT: None (SEAL) 1 CHERYL JO N, OTY CLERK -3- 1JG V EXHIBIT A LOT LINE ADJUSTMENT (MAP) EXISTING PARCELS PROPOSED PARCELS OWNERS A.P. NUMBERS REFERENCE NUMBER FCAPIST.NO INDUSTRIAL, LTD., A.P. 668-441-01 1 mited Partnership THOMAS TRULIS A.P. 121-171-17 2 N SAN JUAN CREEK CHANNEL ORANGE COUNrY FLOOD CONTROL D/STR/CT R/W r, L 0T /5' ?fiA�:! o Nj N•68'/9•.39�E N-68'/939 E 38293 R=/625• 90.467 87' 1.C.!T if 'w R. S. (z 10564 PARCEL 1 Iq 4RCEL 2 C R @ 4=5Q7Z SCALE //,"=/00' -42;W10E IRREVOCABLE DFFER AW 577?EET AoUD R 1451-1C U/7C%7Y FYJ?R2SES 70 C 17 OF 5.4V JUAR/ C4p1577r WO; 45 SHOWN Oaf/ MAP0F77?A0TN6 /Ct56¢ roFF6/?'A-). N V": C R @ 4=5Q7Z SCALE //,"=/00' -42;W10E IRREVOCABLE DFFER AW 577?EET AoUD R 1451-1C U/7C%7Y FYJ?R2SES 70 C 17 OF 5.4V JUAR/ C4p1577r WO; 45 SHOWN Oaf/ MAP0F77?A0TN6 /Ct56¢ roFF6/?'A-). N