Resolution Number 99-10-19-5433
RESOLUTION NO. 99-10-19-5
FINAL ACCEPTANCE OF EASEMENT DEDICATION - IRREVOCABLE
OFFER TO CONVEY AN EASEMENT FOR STREET AND HIGHWAY
PURPOSES TRABUCO CREEKIROSENBAUM ROAD EAST OF RANCHO
VIEJO ROAD (VILLAGE CENTER I/THE OLSON COMPANY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING A PREVIOUSLY OFFERED
IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR
STREET AND HIGHWAY PURPOSES, REALIGNED TRABUCO
CREEK/ROSENBAUM ROAD AT RANCHO VIEJO ROAD - TRACT 15771,
ASSESSOR PARCEL NOS. 650-071-52AND-53 (VILLAGE CENTER I/THE
OLSON COMPANY)
WHEREAS, the City has conditionally approved Tract 15771 to realign and
improve Trabuco Creek/Rosenbaum Road at its intersection with Rancho Viejo Road; and,
WHEREAS, the City had previously conditionally approved a development
for this site, Village Center I, which was not constructed; and,
WHEREAS, in 1984, Village Center I offered to the City right-of-way for said
street intersection improvement in the form of an Irrevocable Offer for Street and Highway
Purposes, recorded as Document No. 84-053367, recorded with the Orange County
Recorder's Office, attached hereto as Exhibit 1 and made a part hereof; and,
WHEREAS, the present property owner, The Olson Company, desires to
develop the site as Tract 15771 and has requested the City now accept the easement
dedication offered via said Irrevocable Offer.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano as follows:
SECTION 1.
That the offer of dedication for an easement for Street and Highway
purposes, previously accepted as an Irrevocable Offer, recorded as Document No. 84-
053367 is now accepted.
SECTION 2.
That the Mayor and City Clerk are hereby authorized to execute the
Resolution accepting said Irrevocable Offer.
-1-
434
SECTION 3.
That the City Clerk is hereby directed to forward the Resolution to the Orange
County Recorder's Office.
PASSED, APPROVED, AND ADOPTED this 19th day of
Oc'tnher '1999.
JO N GREINER, MAYOR
ATTEST:
CITY CLERK
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. 99-10-19-5 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 19th day of
Cl- tnhnr , 1999, by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOIMSON, CITY CLERK
-2-
84-653367
Recorded at the request of 35
CALIFORNIA LAND TITLE CO.
AA,
M FE 8 71984
OAiriai Records
orange County, CaLrornla
Recorder
EXEMPT
C10
1T:s Space for County Recorder's use on:y
IRREVOCABLE OFFER TO CONVEY
EASEMENT (Request free recording per ;J=
Government Code 6103) -
For valuaole consideration, receipt of which is hereby acknowledged. X We)
VIUAGE CENTER I, a General Partnership
hereby irrevocably offer to dedicate to the CITY OF SAN JUAN CAPISTRANO a perpetual easement and
right of way for STREET AND HIGHWAY purposes in, on and over all that real property situated in the
' City of San Juan Capistrano, County of Orange, State of California, described as follows:
Exhibit "A" attached hereto and by this reference incorporated herein (the "Property"),
7 reserving, however, unto Grantor, the fee title interest in the Property, subject to
;1 the Irrevocable Offer of Dedication set forth herein, so that in the event the Irrevocable
Offer of Dedication made hereby is not accepted by the City, or accepted and subsequently
relinquished by the City, said fee title interest in the Property shall revert in its
entirety to Grantor.
VILLAGE CENTER I, a General Partnership
LARRY TU , General Partner
The Irrevocable Offer of Dedication set forth above is not accepted by the City at this
time, but the City reserves the righ to accept said Irrevocable Offer of Dedication
at any time in the future by City Council resolution.
/� CITY OFT/ JUAN C STRANO
By % C��� apt t2�L� BI i G�'GL/��•" a ls'�
iIARY Ai1JN 'ANOVE , C TY CLERK A.:�,O.Y - BLFSD, ^^alror
Subscribing Witness
It is mutually understood and agreed that the above offer
may he accepted by Resolution of the City Council of said City
whenever, In the Judgment of said Council, the property Is
needed for street and highway purposes.
It is further understood and agreed that upon such acee-t-
ance by said City, it shall mail or deliver a copy of its resolution
of acceptance to the then owners at the address shown on the
latest secured zament roil in the County where said prnper:y
it located, and within 60 days thereafter said owners shall r
move any and all permanent structures that are offi ed to the
above described %Mp of land, and a same are not r=moved
within said 60 day period said owners shall hold the City of San
Juan Cap[strano free and harmless from any and all habilit,
for its dmtmction e, removal of mm -
It Is further understood rod agreed that this offer is irre-
vocable and shail be ace.l. ly and perpetually binding upon
the undersigned osiers ohe.r heirro_rc sol- ^rid aasi�ns.
Dated this 17thday oe January _..._..... is 84
^ roved ae to form by City Attorney on
Village -Center I
o. Day ye
Name of Protect
Approved as to Description
Right of Way No. ......._.._ ............ .........
^Georg@M r--. Cit ngineer
'
By..a! W�4iYJ.ry^,1.' ... ..... _._. _...
sectional Map No............___.......__..._.....
/
Ittis .. City ....Fingin-eer
Ap roved as to�lt]p�uµ
/ryp//�/�t,,�,'
By.. ....... _.... .................
rl
Daze _..._.......... ...... .....__.-"__.._........._..... _..
ntis.._City-._.F3 94414er—_.................._...
Recorded at the request of 35
CALIFORNIA LAND TITLE CO.
AA,
M FE 8 71984
OAiriai Records
orange County, CaLrornla
Recorder
EXEMPT
C10
1T:s Space for County Recorder's use on:y
IRREVOCABLE OFFER TO CONVEY
EASEMENT (Request free recording per ;J=
Government Code 6103) -
For valuaole consideration, receipt of which is hereby acknowledged. X We)
VIUAGE CENTER I, a General Partnership
hereby irrevocably offer to dedicate to the CITY OF SAN JUAN CAPISTRANO a perpetual easement and
right of way for STREET AND HIGHWAY purposes in, on and over all that real property situated in the
' City of San Juan Capistrano, County of Orange, State of California, described as follows:
Exhibit "A" attached hereto and by this reference incorporated herein (the "Property"),
7 reserving, however, unto Grantor, the fee title interest in the Property, subject to
;1 the Irrevocable Offer of Dedication set forth herein, so that in the event the Irrevocable
Offer of Dedication made hereby is not accepted by the City, or accepted and subsequently
relinquished by the City, said fee title interest in the Property shall revert in its
entirety to Grantor.
VILLAGE CENTER I, a General Partnership
LARRY TU , General Partner
The Irrevocable Offer of Dedication set forth above is not accepted by the City at this
time, but the City reserves the righ to accept said Irrevocable Offer of Dedication
at any time in the future by City Council resolution.
/� CITY OFT/ JUAN C STRANO
By % C��� apt t2�L� BI i G�'GL/��•" a ls'�
iIARY Ai1JN 'ANOVE , C TY CLERK A.:�,O.Y - BLFSD, ^^alror
Subscribing Witness
It is mutually understood and agreed that the above offer
may he accepted by Resolution of the City Council of said City
whenever, In the Judgment of said Council, the property Is
needed for street and highway purposes.
It is further understood and agreed that upon such acee-t-
ance by said City, it shall mail or deliver a copy of its resolution
of acceptance to the then owners at the address shown on the
latest secured zament roil in the County where said prnper:y
it located, and within 60 days thereafter said owners shall r
move any and all permanent structures that are offi ed to the
above described %Mp of land, and a same are not r=moved
within said 60 day period said owners shall hold the City of San
Juan Cap[strano free and harmless from any and all habilit,
for its dmtmction e, removal of mm -
It Is further understood rod agreed that this offer is irre-
vocable and shail be ace.l. ly and perpetually binding upon
the undersigned osiers ohe.r heirro_rc sol- ^rid aasi�ns.
Dated this 17thday oe January _..._..... is 84
1 436
84-053367
EXrUBIT "A" PAGE 1 of 2
LEGAL DESCRIPTION OF RIGHT OF WAY.
FOR TRABUCO CREEK ROAD
IN THE CITY OF SAN JUAN CAPISTRANO
Those portions of Parcels 1 and 2 in the City of San Juan
Capistrano, County of Orange, State of California per Deed recorded
December 7, 1979, in Book 13424, Page 776 of Official Records in the
Office of the County Recorder of said County described as follows:
PARCEL A
That portion of Parcel 1 of said Deed lying southeasterly and
southerly of the following described line: beginning at a point in
that certain curve in the northeasterly line of said Parcel 1
described as concave southwesterly having a radius of 25.00 feet, a
central angle of 93°18'03" and a length of 40.71 feet in said Deed, to
which a radial line bears 5.86°33'48"E., said point also being the
beginning of a non -tangent curve concave northwesterly having a radius
of 470.00 feet to which a radial line bears 5.59°07'19"E.; thence
southwesterly along said 470.00 foot radius curve through a central
angle of 8°41'17" a distance of 71.27 feet; thence tangent to said
curve 5.39°33'58"W. 171.15 feet; thence N.88030'45"W. 7.86 feet to a
point in that certain course described as "North 50 deg. 26'02" West
491.90 feet" in the southwesterly line of said Parcel 1.
October 10, 1983
Page 1 of 2
W.O. 78-3X
H & A Legal No. 802
JG
EXHIBIT A
J
PARCEL 8
84-0533G7 EXHIBIT "A"
437
PAGE 2 of 2
That portion of Parcel 2 of said Deed lying southwesterly, north-
westerly and westerly of the following described line: beginning at
the northwesterly terminus of that certain course in the northeasterly
line of said Parcel 2 described as North 65 degrees 01'11" West 52.00
feet" in said Deed; thence along the boundary of said Parcel 2
S.65001'17"E. 52.00 feet, S.24°58'43"W. 16.15 feet, S.39°33'58"W.
136.02 feet and S.50°26'02"E. 7.00 feet to a point on a line parallel
with and 60.00 feet southeasterly, measured at r7yiit angIcs, from that
certain course described as "S.39°33'58"W. 171.15 feet" in hereinabove
described Parcel A; thence leaving the boundary of said Parcel 2 and
along said parallel line S.39°33'58"W. 98.00 feet; thence
S.11011'50"E. 3.16 feet to a point in that certain course described as
"South 50 degrees 26'02" East 47.44 feet" in the southwesterly line of
said Parcel 2.
October 10, 1983
Page 2 of 2
W.O. 78-3X
H & A Legal No. 802
JG
1 f I," //a