Resolution Number 97-2-4-2101
RESOLUTION NO. 97-2.4-2
ACCEPTING
A PORTION OF, AND VACATING THE
REMAINDER
OF,
AN IRREVOCABLE
OFFER OF DEDICATION FOR
PUBLIC
STREET
PURPOSES,
DIVISION OF LAND 75-3) (SPAULDING/BAILEYS,)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING A PORTION OF, AND VACATING
THE REMAINDER OF, AN IRREVOCABLE OFFER FOR PUBLIC STREET
PURPOSES WITHIN LOT A, AND ADJACENT TO PARCEL 3, OF DIVISION
OF LAND 75-3, RECORDED IN BOOK 73, PAGES 14 AND 15, MODIFIED BY
LOT LINE ADJUSTMENT 96-318-06, RECORDED AS DOCUMENT NO.
97-51729 (SPAULDING/BAILEYS)
WHEREAS, the City of San Juan Capistrano is beneficiary to an unaccepted
Irrevocable Offer for public street purposes known as Lot A of Division of Land 75-3; and,
WHEREAS, in order to construct a proposed cul-de-sac, the City previously
accepted a portion of the Irrevocable Offer within Lot A by Resolution No. 87-1-20-3; and,
WHEREAS, in order to construct a proposed recreational trail, the City previously
accepted a portion of Lot A by Resolution No. 96-12-17-1; and,
WHEREAS, Lot A was further subdivided by Lot Line Adjustment 96-318-06,
creating Parcel 1 (Spaulding) and Parcel l (Baileys); and,
WHEREAS, the underlying property owners of Lot A, Richard and Pamela Spaulding
and Steven J. Baileys, representing Palazzo Development, have requested the City accept the
Irrevocable Offer within the area underlying the extension of Via Estelita to Avenida Evita and vacate
the remainder of the Irrevocable Offer within Lot A, as shown on Exhibit "A", attached hereto; and,
WHEREAS, the City Council desires to vacate the remainder portion of said
Irrevocable Offer, retaining that portion encumbered by the extension of Via Estelita to Avenida
Evita.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1. That the City Council hereby accepts that portion of the
Irrevocable Offer for public street purposes within Lot A as described on Exhibit 'B", and shown on
Exhibit "C, both attached and made a part hereof.
SECTION 2. That the City Council hereby vacates the remainder of the
unaccepted portion of the Irrevocable Offer as shown on Exhibit "A" attached hereto and made a part
hereof to the underlying property owners of Parcels 1 and 2 of lot Line Adjustment 96-318-06.
-1-
102
SECTION 3. That the City Council hereby retains that portion of Lot A
needed for construction of a proposed cul-de-sac, previously accepted by City Council Resolution
No. 87-1-20-3 and that portion accepted for recreational trail purposes by City Council Resolution
No. 96-12-17-1.
SECTION 4. That the Mayor and City Clerk are hereby authorized to execute
the Resolution and Vacation Deeds.
SECTION 5. That the City Clerk is hereby directed to forward this
Resolution and the Vacation Deed to the Orange County Recorder's Office.
PASSED, APPROVED, AND ADOPTED this
February 1997.
ATTEST:
&I,ir et 4 AA1
CITY CLE
4th
DAVID M. SWERDLIN, MAYOR
-2-
day of
103
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.
97-2-4-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 4th day of February 1997, by the
following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell
and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOANSON, CITY CLERK
-3-
104
pEpPERTREE BEND
TRAIL EASEMENT
ACCEPTED 5-26-86
MORENO
K
LINGO
30' EASEMENT ACCEPTED 12-5-79
EXHIBIT A
NORTH
UNACCEPTED
IRROVOCABLE OFFF-q
t0 BE VACATE
\ BAILEM
1
WNITE�j \ <'
TO BE RETAINED AS
IRREVOCABLE OFFER \
PROPOSED
CUL-DE-SAC
ACCEPTED BY RESO 67-1-20-3
TO BE RETAINDED
TRAIL EASEMENT
ACCEPTED 12-17-56
3Y NEBO 57-12-17-1
TO BE RETAINED
7
AGUACATE ROAD
MARQUIS
105
lOAL ENGINEERING
EXHIBIT B
CIVIL ENGINEERS. LAND PLANNERS AND LAND SURVEYORS
139 AVENIDA NAVARRO
SAN CLEMENTE, CALIFORNIA 9262
PHONE (714) 492-8586
FAX (714) 498-8625
RICHARD L TOAL, RCE 14505 MAILING ADDRESS
RAYMOND R. TQAL, RCE 16889 P.O. BOX 3878
OLAV S. MEUM L.S. 4384 SAN CLEMENTE, CALIFORNIA 92674
ROADWAY EASEMENT
In the City of San Juan Capistrano, County of Orange, State of
California, being that portion of Lot A of Parcel Map filed in Book
73, Pages 14 and 15 of Parcel Maps, records of said Orange County,
more particularly described as follows:
Beginning at a point in the Southwesterly line of said Lot A,
distant thereon North 61029150" West, 24.70 feet from its
intersection with the Southwesterly extension of the Southeasterly
line of Parcel 2 of said Parcel Map; thence Northwesterly along the
Southwesterly line of said Lot A, North 61029150" West, 275.14
feet; thence North 63'37138" West, 117.17 feet; thence leaving said
Southwesterly line North 26044141" East, 0.54 feet to the beginning
of a non -tangent curve concave Southwesterly and having a radius of
90.00 feet, a radial line through said point bears North 0'35138"
East, thence Southeasterly along said curve through a central angle
of 25°21121" an arc length of 39.83 feet; thence tangent aid said
curve South 64°03'01" East, 89.51 feet to the beginning of a
tangent curve concave Southwesterly and having a radius of 500.00
feet; thence Southeasterly along said curve through a central angle
of 51°17152" an arc length of 46.23 feet; thence tangent to said
curve South 58'45109" East, 218.74 feet to the POINT OF BEGINNING.
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TOAL ENGINEERING
139 Avenida Navarro
SAN CLEMENTE, CALIFORNIA 92672
2-6
FAX (71 ) 949858625
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