Resolution Number 91-2-5-23 8B-
RESOLUTION
B
RESOLUTION NO. 91-2-5-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ORDER THE QUITCLAIM OF
UNACCEPTED IRREVOCABLE OFFERS FOR ROAD RIGHT-OF-
WAY (AGUACATE LANE) WITHIN ASSESSOR'S PARCELS NOS. 649-
101-01, -02, -03, -04 AND 649-311-15
WHEREAS, on the 25th day of October, 1990, the City of San Juan Capistrano
notified all affected residents and easement holders of the City's intent to quitclaim
three unaccepted irrevocable offers for road right-of-way adjacent to a private road
called for reference herein Aguacate Lane; and,
WHEREAS, the offer to be quitclaimed is described and shown on Exhibits A,
B, C, and D attached hereto; and,
WHEREAS, the City Council has heard testimony on February 5, 1991 and
received evidence upon the aforesaid quitclaim and finds that there were no objections
voiced or received to the proposed quitclaim.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby quitclaim, by quitclaim deed, the three irrevocable
offers for road right-of-way within Assessor's Parcels Nos. 649-101-01, -02, -03, -04 and
649-311-15 and shown on Exhibits A, B, C and D of the attached Quitclaim Deed.
BE IT FURTHER RESOLVED, that the City Council finds that the above -
stated offer is unnecessary for present or prospective public use.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to cause the Quitclaim Deed to be recorded in the Office of the County
Recorder of the County of Orange, State of California.
PASSED, APPROVED, AND ADOPTED this Sth day
of February ,1991.
KENNETH E. FRIESS, MAYOR
ATTEST:
-1-
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. 91_2_5_2 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 5th day
of February 1991, by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez and Mayor Friess
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) CHERYL JOHNSGN, 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
385
Documentary Transfer Tax
No Tax Due
Recording Requested Per Government
Code Section 6103
CHERYL JOHNSON, CITY CLERK
CITY OF SAN JUAN CAPISTRANO
Project No.:
Project:
Parcel No.:
QUITCLAIM DEED
Aguacate Irrevocable Offers
649-101-01, -02, -03, -04
649-311-15
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
CITY OF SAN JUAN CAPISTRANO does hereby remise, release and forever quitclaim to
CHARLOTTE BROWN (AP #649-101-01), BILLE GENE SILZLE (AP #649-101-02, -02),
MARENA LOUISE BROWN (AP #649-101-040) and MELVYN KOICH (AP #649-311-15)
any right, title, or interest in these irrevocable offers of dedication of road right-of-way
for street purposes in, on and over the real property in the City of San Juan Capistrano,
County of Orange, State of California, described as:
SEL' EXHIBITS A, B, C AND D ATTACHED HERETO FOR LEGAL DESCRIPTION
CITY OF SAN JUAN CAPISTRANO, GRANTOR
February 5, 1991 /s/ Kenneth E. Friess
DATE KENNETH FRIESS, MAYOR
/s/ Cheryl Johnson
CHERYL JOHNSON, CITY CLERK
'1
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386 Name Of Project
Right of Way No. ......
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sectional wOm No.
Fite No. .........
Date .
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By
Title
Approved u to Title and SIMICU M
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RECORDED AT REQUEST OF
CITY OF SAN JUAN e, AM
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
!FdQ:.M NOV 17 1964
L WE CslallE, Cm* seater
FREE
This space for County Recorder's use
IRREVOCABLE OFFER TO CONVEY
EASEMENT EXHIBIT A
For valuable consideration, receipt of which is hereby acknowledged, (I, We) o
RALPH M. MYERS, JR. and CHARLOTTE MYERS, husband and wife, ;
hereby irrevocably offer to dedicate to the CITY OF SAN XUAN 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:
The Southwesterly twenty (20) feet of that portion of Section 1,
Township 8 South, Range 8 West, S.B.B.& M., described as follows:
Beginning at a point in the Northeasterly line of Lot 3,a,OfSLact 318, as
shown on a Map recorded in Book 14, page 39 of Miscellaneous Maps, records
of Orange County, California, said point being 22.20 feet South 37a 50'
East from the most Northerly corner of said Lot 1, said point also being
on a curve concave to the South having a radius of 170.00 feet the radial
bearing at said point bearing South 33e 06' 20" East; running from said r
point of beginning along said curve through a central angle of 77 50 20 ,
a distance of 230.95 feet to a point in a line tangent; thence South 45
16' East 205.12 feet to the most Northerly corner of the land described in
the deed to Robert Earl Haggard and wife, recorded April 12, 1954 in Book
2707, page 604 of Official Records; thence South 52a 10' West 181.00 feet
to the most Westerly corner of said land of Robert Earl Haggard, said
point being on the Northeasterly line of said Lot 1; thence North 37°50'00"
West 350.89 feet along said Northeasterly line of Lot 1 to the point of
beginning.
Excepting therefrom the Southeasterly 110.00 feet measured along the South-
westerly line.
Subeeribmg Wlfasis,
st Y mutually understood and agreed that the above offer
may be accepted by Resolutlon Of the City Council of nid City
wynmr, In the judgment of Said Council, the PMPOeY Is
aseded for street and highway purposes.
It is further understood and agreed that upon sueh seocrt-
aooe by Said City, It $ban mW or deliver Is copy Of its resolution
ait a...ptence to the then owner at the addeW aaown on the ^
latest. n Lred eassessment roil in the County wbm Yid property
•_ •-:.:taw au : u %. 10 t_::OtftY Sara uWEm:e acau r -
-
move any and an permanent etmoto," that w affixed to the
above dyrribed strip of lard, seed If deme Ara not removed
within said do day period wild Doren shall hold the City of San
Juan Capistrano free and harmless frau any all liability
for Its dytrecUon or removal Of same.
It is further understood sod agreed that offer ie irre-
vOotae sad shall be absolutely end perpstuslly binding uPon
the ondenlgned owner, their heirs, mUseEOca and assigns.
Dated this ...._27th day of ..._....._April............ 1864
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RATE OF CAUEdNIA
couNrr DE caused.on ARXil.
_
, 1964
MM roe. dr widwe4rea • Nelry MIR M
sewer -WSON, asNe^NA' MD roa—
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My CO.MMIWON EXPIRES DECEMBER L 1061
st Y mutually understood and agreed that the above offer
may be accepted by Resolutlon Of the City Council of nid City
wynmr, In the judgment of Said Council, the PMPOeY Is
aseded for street and highway purposes.
It is further understood and agreed that upon sueh seocrt-
aooe by Said City, It $ban mW or deliver Is copy Of its resolution
ait a...ptence to the then owner at the addeW aaown on the ^
latest. n Lred eassessment roil in the County wbm Yid property
•_ •-:.:taw au : u %. 10 t_::OtftY Sara uWEm:e acau r -
-
move any and an permanent etmoto," that w affixed to the
above dyrribed strip of lard, seed If deme Ara not removed
within said do day period wild Doren shall hold the City of San
Juan Capistrano free and harmless frau any all liability
for Its dytrecUon or removal Of same.
It is further understood sod agreed that offer ie irre-
vOotae sad shall be absolutely end perpstuslly binding uPon
the ondenlgned owner, their heirs, mUseEOca and assigns.
Dated this ...._27th day of ..._....._April............ 1864
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---------..... CfiarTotte..M._erg.......__.,..,;
Approved as to form by CRY Minty" 00 _
._..__........-_..._....._....__......__...... _-.. CRY Of iAN JUAN CAVA
.. nECJ'._:0 :T --QUI'' OF
.-.-_.._....._...-..._....._.. .___-._....
./�..._ . _ Mo. Ay !r. IN OFFICILL PCZ l,,S ] Q
... '1Tami of Proleot '^ m d Approved W to Dercelptloa ORLNCE f. _ - r. "ALIF \!fie
z 0.2�" City> FEB 16 3 57PH'65
Right of Way Na.....-___.._..�.G.�
-• zO = By ...............--- ------ -._......._ J.W°Lic i,:nIYLE
sectional MW No . ................ .......E.. COUNTY RECORDER
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u. ",� < Approved as to Title and &4ecutioc p
Pile No. .--- ...... _.__.._.__..-.. f]..ra......� FREE
asZ By ......................... _.._._._... -......... -._.............
Date . ...... ...._....._.._.._.—...-..._i�...-......_<u Tiis space for County itecordws use only
Title.... .................._.._ __.........._._
IRREVOCABLE OFFER TO CONVEY
EASEMENT EXF'NBIT�B
�y
For valuable consideration, receipt of which is hereby acknowledged X We) -
b
DANIEL BROWN, II and N1RE L LOUISE BROWN, husband and wife, as Joint Tenants
hereby irrevocably offer to dedicate to the CITY OF BAN JUAN CAPLSTRANO 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:
Legal Descriution of 20.00 foot easesent.
A portion of Section 1, in Township 8 South, Range 8 West, San Bernardino Base and
Meridian, in the County of Orange, State of California, more particularly described
as folloest
Beginning at a point in the Northeasterly line of Lot 1 of Tract No. 318, as shown on
a map thereof recorded in Book 14, Page 39, Miscellaneous Maps, records of said Orange
County, said point being located 373.01 feet'South 370 50' East from the most northerly
corner of said Lot 1; thence North 520 10' East 20.00 feet; thence South 370 50'
East 292.96 feet; thence South 570 25' East 105.55 feet; thence South 320 35' West
20.00 feet; thence North 570 25' Weat 109.00 feet; thence North 370 50' West 296.41
feet to the point of beginning.
subscribing Wnnsss -
It Is mutually understood and agreed that the above offer
may be sooepted by Resolution of the City Couacn of said City
whenever, in the judgment of said Council. the property le
needed for atnes and highway purposess,
It is further understood and agreed that upon such aoeeM_
aoee by said City, it shall man or deliver a copy of its resolution
o< seseptace to the than owners at the address sham on the
- _
=C=:! .lit roll In the County when amid property
L'Imsted, and v tbie 60 days thereafter said owners "hall I -
move any and an permanent structural that an affised to the
above described strip a land, and it same are not removed
within said e0 day period mid oween Shan hold the City of San
in, Capistrano free and harmless from any and W liability
for es destruction or removal of soma
It is further understood and agreed that this offer Ie irn-
vncalas and shall be absolutely and perpetually binding upon
the undersigned owners, their heirs, euceeeaars and "signs.
1
/..•7.... oar ....... leGv
L,
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t Approved as to form by CRY Attneaq m
.......LUP Day tr.
Nems of Project Approved m to Deet dan
Right of Way No.
sectional Yap No.
File No.
vat, Sep.tenlher........ 9.6.8 ......... ...._...._
BY
Title
By
Title
City anglneer
Approved as to Title end 8IMALU n
y,. Vr — • nye —
AT REQUEST OF
" }/,i.W'�
IN IOFF17L RECORDS OF
ORANGE COUNTY, CALIF.
M APR 17 369
. WYL1E CARLYIE, County Recorder
TC4
Space for County Recorder's use only
IRREVOCABLE OFFER TO CONVEY
CONSIDERATION LESS THAN $100.00
EASEMENT
,EXMBIT C
For valuable consideration, receipt of which is hereby acknowledged, (I, We)
Billy G. Silzle and Barbara Silzle, Husband and Wife
hereby irrevocably offer to dedicate to the CITY OF BAN 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:
The southwesterly 20.00 feet, as measured perpendicular to the southwesterly
line, of the following described parcel of land:
The southeasterly 110.00 feet, measured
portion of the southwest quarter of the
ship 8 South, Range 8 West, of the San
San Juan Capistrano, County of Orange,
plat of said land filed in the District
described as follows:
along the southwesterly line, of that
northwest quarter of Section 1, Town -
Bernardino Meridian, in the City of
State of California, as per an official
Land Office on April 12, 1875,
Beginning ata paint on the northeasterly line of Lot 1 of Tract-Ro 318.,. as
per map recorded in Book 14 page 39 of Miscellaneous—Flaps, in the Office of
the County Recorder of said County, South 370 50' 00" East 22.20 feet from the
most northerly corner of said Lot 1 being on a curve concave southerly having
a radius of 170.00 feet, a radial to said point bears North 33 06 20' West;
thence easterly 230.95 feet along said curve through a central angle of
770 50' 20"; thence South 450 16' 00" East 205.12 feet to the most northerly
corner of the land described in the deed to Robert Earl Haggard and wife,
recorded April 12, 1954 in Book 2707 page 604 of Official Records of said
County; thence South 520 10' 00" West 181.00 feet to the most westerly
corner of said land of Robert Earl Haggard being on the northeasterly line of
said Lot l; thence North 370 50' 00" West 350.89 feet along said northeasterly
line to the point of beginning. -
Subscrt g Witae11
�
on
EleahCRmt M the undersigned. a Notery Public Its and
for mid County end Stew, personally appeared
_Barbara Silzle _and Bi11y. G. Silzle�_
lmown to me to be the parsoa(s) -hoes n.me(Q V/ars
subscribed to the Within iateuthent and that he/ahe/they
1 !N%R go 'AkilR� v.
WALTER S. NIEISEN
"Quer rust,
iinrE OF L r�
CouN
and r esld
R Is nutuany understood end ageead that the above offer
they be a..w d by Resolution of the City CouncU of mid City
-bemver, in the judgment of said Couadi, the pmperty fa
needed for street and higbway purposes.
It Is further understood and agreed that upon such aoovlt•
sane by Bald Clty, it sbell than or deliver a copy of Its "Solution
of acceptance to the then oewrs at the Add"" Shown on the
latest estand sseesenant on In the County -hers said property
le Iocete& and within SO days Uw rafter said owners shall r! -
move say and all permanent structures that are 'sated to the
shove described strip of land, end it ease era net removed
-Rhin Said e0 day period said ownan shalt hold the City of San
Juan CapustnM fees and hsrmlem from any end all liability
for as destruction or removal of sane.
It is further understood end agreed that this offer is irre-
vocable and shall be absolutely end perpetually binding upon
the n,hN vjj sed owners. their Debs, succswn and u,igna.
nated this day of ... _...... _........................... 15....
2e..`._ ...
.... ...... . _. .."T—
der
// OBUNA
/ �rI
/
/ 7
j BRAND
r
PIKE
�' z
BROWN
;I EXHIBIT D
389
♦
NORTH
♦
NOV. 1964 (MEYER)
EXHIBIT A
(61LZLE)
I& EXHIBIT C
WILHELM
OKUM
4