Resolution Number 92-4-7-5RESOLUTION NO. 92-4-7-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, INITIATING VACATION OF A
HIKING/EQUESTRIAN EASEMENT WITHIN PARCEL MAP 80/381
ASSESSOR'S PARCEL NO. 121-070-61 (CHOU) AND IRREVOCABLE
OFFERS OF DEDICATION FOR HIKING/EQUESTRIAN PURPOSES
WITHIN PARCEL MAP 115-14, ASSESSOR'S PARCEL NO.
121-090-09 (WISH) AND PARCEL MAP 146/45, ASSESSOR'S
PARCEL NO. 121-090-12 AND -20 (MOORE)
WHEREAS, the City of San Juan Capistrano has a hiking/equestrian easement
located within Parcel Map 80/38 and described in Exhibit A, pages 1-3, and irrevocable
offers of dedication within Parcel Map 115-14, described in Exhibit B, pages 1-3, and
Parcel Map 146/45, described in Exhibit C, pages 1-3, attached hereto for reference; and,
WHEREAS, the subject hiking/equestrian easement areas are located on real
property owned by a number of property owners as set forth above; and,
WHEREAS, the City Council desires to consider the vacation of the
above-described hiking/equestrian easement and irrevocable offers of dedication.
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 declares its intention to vacate the
hiking/equestrian easement and irrevocable offers of dedication described above and
shown on Exhibits A, B and C.
SECTION 2.
That the vacation proceedings initiated by this resolution are to be conducted
under Streets and Highways Code Sections 8320, et. seq.
SECTION 3.
That the hiking/equestrian easement and irrevocable offers of dedication are
located as shown on Exhibits A, B and C.
-1-
P
SECTION 4.
The City Council hereby sets a public hearing date on these vacation
proceedings for May 5, 1992, at 7:00 p.m., in the San Juan Capistrano City Council
Chambers, 32400 Paseo Adelanto, San Juan Capistrano.
PASSED, APPROVED, AND ADOPTED this 7th day
of AnriI , 1992.
GIY;ONES, MAYOR
ATTEST:
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. 92-4-7-5 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 7th day
of Anril 1992, by the following vote:
AYES: Councilmen Friess, Harris. Vasquez
and Mayor Jones
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: None
(SEAL) CHERYL JOHNSON/, , CITY CLERK
-2-
Recorded at the Request of
and Return to:
CITY CLERK'S OFFICE
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CAUFORNIA
PM FEB 281990
04 Q. � ftmer
EXEMPT "` `
C
4 r `��-1o62g8
1
Documentary Transfer Tax Z
No Tax Due
0
CPY
Recording Requested Per Government
Code
Section 6103
MARY NOVY 6
CITY OF SAN JUAN CAPISTRANO
Project No.:
Project:
Parcel No.:
EASEMENT DEED
EXHIBIT A PAGE 1
Parcel 1, PM 80-38/39
121-070-61
FOR NO CONSIDERATION, receipt of which is hereby acknowledged, Keith L. Powell, whose
mailing address is 26132 Oroville Place, Laguna Hills, CA 92653, do hereby grant to the CITY OF
SAN JUAN CAPISTRANO, an easement for Recreational Trail purposes within Parcel 1 of Parcel
Map 80-38139, in, on and over the real property in the City of San Juan Capistrano, County of
Orange, State of California, as described in Exhibit A and shown on Exhibit B, attached hereto and
incorporated herein.
BY:
DATE: 7yQ
Ze-ith'b, Powell
MEWS
. V., e ...
I
F0 iT MA ffi•d `�� �r••.�JnUiiYlYwY�ll
R
EXHIBIT A
0 EXHIBT A PAGE 2
A 15' wide Recreational Trail Easement, the most southerly easement
boundary being parallel with and 15' south of the property line between
Parcel I and 2 of a Parcel Map recorded in Book 80, Pages 38 and 39, said
property line bearing N670 -24'-11"W 630.04' Said southerly easement
boundary shall be lengthened or shortened to intersect the most westerly
and easterly property lines of Parcel 1.
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`°�' E TO
DWWH N REOC6tpID MAIL 1o: ) SS -665264 'GOVERNMENT FCODE EES E ECTIONU6103
City of San Juan Capistrano )
32400 Paseo Adelanto ) Mary A nov r, City Clerk
San Juan Capistrano, CA 92675 ) EXEMPT San Juan Capistrano, CA
ATTN: Planning Department ) C8
COPY(Space Above For Recorder's Use)
IRREVOCABLE OFFER CF ®ICATICN
ROBERT L. WISH, ("Grantor"), hereby irrevocably offers for dedication to
the City of San Juan Capistrano (the "City") for equestrian and trail purposes
only that certain real property more particularly described in Exhibit "A"
attached hereto and by this reference incorporated herein (the "Property"),
reserving, however, unto Grantor the fee title interest in the Property, subject
to the irrevocable offer of dedication made herein, so that in the event the
irrevocable offer of dedication made herein 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. Upon acceptance of this
irrevocable offer of dedication, the City agrees to maintain the Property in
good condition and repair and to indemnify and hold Grantor, its successors and
assigns free and harmless from all cost, liability, damage and expense, including
attorneys' fees and costs, resultant from any injury or death to persons or
damage to property on the Property.
OLs-t�'
ROBERT L. WISH
The irrevocable offer of dedication set forth above is not accepted by the
City at this time, but the City reserves the right to accept said irrevocable
offer of dedication at any time in the future by City Council resolution. Until
this irrevocable offer of dedication is accepted by the City, Grantor reserves
the right to fence off, or otherwise impair or inpede the access to, the Property.
THE OF SAN JUAN CAPISTRANO ATTEST:
Li
gy
Ga L. Hausdorfer, J Yr
City Cler
STATE OF CALIFORNIA DRA%-E
COUNTYOF.
----
O,---JULY 1 1 r_ 1 985 _ .before me. the undersigned. a Notary Public in and for
said State. personally appeared__ ROBERT L._ WISH ---------
personally known to me to, proved to me on the basis of saps
factory emdence) to be the Personls) wh rise namelsl is/are sub
sc ribedtothe wit hi n i nstru Ment and acknowledged to me t hat A119=111iPFRJaLiAL
LM1 CRMW
helshelthey executed the same.
WITNES��hanp end off ictal seal
/ y
NJ �. I=
_-,L ir _ `/• " (This area for official notarial seal)
J. CROWITIER
� ET B� PAGE 2
,
EXHIBIT 'A' ,
/ RECORDED OFFICIAL COUNTY.
Of ORANGE COUNTY. CALIFORNIAC
• PM DEC 2 2 1988
usr 3o3a E %S5
Q.'7',)t FIECORDER
tY i i 4 HI
! rVALAI 1%60'i�
946'42'00 W %51, N
NIG•10'15'W 33(55' J.
PARCEU —'
(546.50'27'E 911.30
(/46'50'27'W 361.66)
[83•!T'15•E 175.18'
r-N43'!1'JS'W 164.91'
(N 43.20'3 E *W
+� 4L�.r.
i 7
1„ L_. !_.
(583'20.l8'E 20.08
(S t -21,274W 91.30'
PARCEL I—T
W *2977`E
(518'34'20 W 212
WISHiCAMERO
r
EQUESTRIAN HIKING TRAIL
Beginning at the Host southwesterly corner of Parcel 1 of a Parcel MRP recorded in
Hods 115, Pages 114 and 115 of Parcel Maps of the County Recorder Of the County of
Orange; thence N36"30'39•' Fast 7.55 feet along the northwesterly boundary of said
Parcel 1; �ience South 46049'15" Fast 345.34 feet; thence South 83019'15" East
175.18 feet to the easterly boundary of said Parcel 1; thence South 1°21'45" West
15.06 feet along said easterly boundary; thence North 83°19'15" West 168.91 feet
along the southerly boundary of said Parcel 2; thence North 46049'15" West 359.55
€eet-along the .southwesterly boundary of said Parcel 2 to the point of beginning.
l 88=668264
In witness whereof, the City hereby accepts the Irrevocable Offer of Dedication from
Mr. Robert Wish upon Parcel 1 of Parcel Map 14/13, as shown herein on Exhibit "A".
Dated December 6, 1988 CITY OF SAN JUAN CAPISTRANO
GARY HAUSDORFER, M OR /�,
ATTEST: EXHIBIT B PAGE 3
MARY ANOVER, CITY CLERK
APPROVED AS TO FORM:
JOHN QSH
, ITY ATTORNEY
:ORPORATE ACKNOWLEDGMENT
stateof California
1
County of Orange ) 5S.
OFFICIAL. °EAL
MARY ANN HANOVER
NOTARY PUBLIC - CALIFORNIA
OUNCE COUNTY
V4 oxim, arms JUN 26, Iia:
ORPORATE AVKNVwLCVAamCnI
6th December
On this the _ day of
Mary Ann Hanover
the undersigned Notary Public, personally appeared
Gary L. Hausdor£er
NO N2
19 88 , before me,
LC personally known tome
proved tome on the basis of satisfactory evidence
lobe the personNj who executed the within instrumen'lilUilicipal
Mayor oron behalf of thekorporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official Be .
��
Notary's SFPB
lure
NATIONAL NOTARYAA50LIr.TION. 29012~tum BW . P.O. aMA525. Wo WS IHRACA 91955+525
State of California On this the 19th day of DI,,,r r 1988, before me,
.Aunty of
Orange SS' Cheryl A. Johnson
111
the undersigned Notary Public, personally appeared
Mary Ann Hanover
X personally known to me
OFFICIAL SEAL - proved to me on the basis of satisfactory evidence
CHERYL A JOHNSON to be the person(S) who executed the within instrume®i cipal
O
NOTARY PUBLIC • COUNTY
IA City Clerk oron behalf of thicorporatlon therein
rJ.'IG_
Mr minn. wpN6Vm xGv lG 1ea2 named, and acknowledged to me that the corporation executed it.
WITNE myhandand officialseal.
t�2
Notary's Signatu
88=679260
RECORDING REQUESTED BY )
AND WHEN RECORDED HAIL TO: )
City of Ban Juan Capistrano )
32400 Paseo Adalento )EXEA9PT
San Juan Capistrano, CA 92675 ) CD
Attention: Planning Department )�
)
IRREVOCABLE OFFER OF DEDICATION
RECORDING FEES EXEMPT DUE TOv o p 11
GOVERNMENT CODE SECTION 6103 yL111916A
Mary Ann ,*hover, • over, City I 1
City of San Juan Capistrano, CA
is
RAYMOND C. CAMERD, as Trustee of The Raymond Camero and Leslie Camero
EXHWfT C PAGE 1
1983 Trust U/T/D May 10, 1983 ("Grantor"), hereby irrevocably offers for
dedication to the City of San Juan Capistrano (the "City") for equestrian
and trail purposes only that certain real property more particularly described
in Exhibit "A" attached hereto and by this reference incorporated herein
(the ?'Property"), reserving, however, unto Grantor the fee title interest
in the Property, subject to the irrevocable offer of dedicatinn made herein,
so that in the event the irrevocable offer of dedication made herein 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. Upon acceptance -of-this Irrevocableofferof dedication, the
City agrees to maintain the Property in good condition and repair and to
indemnify and hold Grantor, its successors and assigns free and harmless
fraL. all cost, liability, damage and Expense, including attorneys' fees and
e•::`., •exultant from any injury or death to persona or damage to property
on the Property.
RECORDF9WOFFK�AI.RECORDS
Of OROM COUNTY, CALIFORNIA
l DEC 2 9 1988 r�
P.M. LC, C Trustee
c. Q `-O�RECORDER
The irrevocable offer of dedication set forth above is not accepted by
the City at this time, but the City reserves the right to accept said
irrevocable offer of dedication at any time in the future by City Council
resolution. Until this irrevocable otter of aedication is accepied by the
City, Grantor reserves the right to fence off, or otherwise impair or
Impede access to, the Property.
TOE CITY 0 SAN JUAN CAPI57 O
B
L. Hausdorf Mayor
ATTEST:
i Sf
EXHIBIT "A"
uJ!•!D'39•E 755'
\Z511)
NIi•I9'/S•W 339.55'
i546'so- 27•E
88=679260
EXtM3IT C PANE 2
1'•60,
(S46050'27'W 361.66) \\� 11457 15.06,
L et•1901S•E /75.18'
r—N 83.7 9'/5`W /68.9!'
(N83•20'36`W YL.61')J 1
f
�:: (51.21'27'W 91.301-
0 .c�.r PARCELS r
� �.l_.:� (N/•2i'27`E 11!.69',)
(548`34'20 W2729
VVISH�CAMERO
EQUESTRIAN HIKING TRAIL
W.RCEL 1 A strip of land tweet, feet wide along the easterly boundary of Parcel 2
of a Parcel Map recorded in Book 146, page 45 of Parcel Maps of the County Recorder
of the County of Orange. Said strip of land is more particularly described as:
Beginning at the most northeasterly corner of said Par,:ri 2; Uba�:ce southerly al;.-.;
the easterly boundary of said Parcel 2 South 1"26'27" West, 91.30 feet; thence
soutr=zterly, along the southeasterly bo•.ndari of said Par^..;y 2, South 48034120"
West 27.29 feet; thence North 1026'27" East 111.69 feet to a point on the north-
easterly boundary of said Parcel 2; thence southeasterly along said northeasterly
boundary S83°20'38" East 20.08 feet to the point of beginning.
PARCEL 2 A strip of lard seven and one-half feet wide beginning at the southeasterly
te=inus of the northeasterly boundary hearing S46°50127" E of Parcel 2 of a Parcel
Map recorded in Book 146, Page 45 of Parcel Maps of the County Recorder of the
County of Orange; thence North 83020'38" West 12.61 feet; thence North 46050127"
West 361.66 feet, thence North 46042'00" East 7.51 feet; thence South. 46°50'27 East
371.33 feet to the point of beginning.
_ -"Az- 41VIIIIIIIIIIIIIIIIIII
88=679260
In witness whereof, the City hereby accepts the irrevocable Offer of Dedication from
Mr. Raymond C. Camero upon Parcel 2 of Parcel Map 146/45, as shown herein on Exhibit
HA'-.
EXHIBIT C PAQE 3 y.
Dated December 6, 1988 CITY OF SAN JUAN CAPISTRANO
GARY .HAUSOORFER" AYOR .,.e
;•i
ATTEST:
MARY AIA HANOV R, CITY CLERK
APPROVED AS TO FOR'{
l t
JOHN R. SHAW, CI Y ATTORNEY "
i
CORPORATE ACKNOWLEDGMENT
Stateot California Onihis the 6th day of December 1888, before me, l
Ss.
County of Oranee } Mary Ann Hanover t
the undersigned Notary Public, personally appeared
i
Gary L. Hausdorfer
1 ,
x personally known to me
proved tome on the basis of satisfactory evidence
to be the person(jif who executed the within instrumen�ici al
t Mayor oron behalf of thezorporation therein
[jp =MAI"ff
SEAL named, and acknowledged to me that the corporation executed it.
ANpVEWITNESS my hand and officialseal.
IA rcffi, 1802 ,1
otary's big '
Ism N/,TMJNAL NOTARYASSOGIATgN 23012 VMtuea BNp. P.O Boab25 WmpYM NIIIiG pf38NB25
CORPORATE ACKNOWLEDGMENT No. 2o2
4 State of California
On this McL9th day of December 1988, before me,
County of
Orange Cheryl A. Johnson i.
V the undersigned Notary Public, personally appeared
Mary Ann Hanover
z
M personally known to me
OFFICIAL SEAL proved tome on the basis of satisfactory evidence
CHERYL A JOHNSON to be the person(a) who executed the within instrum
NOTARY PUBLIC • CALIFORNIA City Clerk'abncipal
diad 0011111Y oron behalf of thicorporalion therein
My comm. "Pima NO Il, 1007 i named, and acknowledged to me that the corporation executed it.
i WITNESS my hand and official seal.
Notary's Signa e
NATIONLL NpiMYAgaOm�lgN • 23012 VMIun BW • PO 60-X825 • W XxIll HAM CA