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Resolution Number 81-3-3-4RESOLUTION NO. 81-3-3-4 13 ACCEPTING IRREVOCABLE OFFER OF DEDICATION - PARK PURPOSES, LOT 54, TRACT 8325 SUNHOLLOW) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING IRREVOCABLE OFFER OF DEDICATION IN FEE SIMPLE FOR PARK PURPOSES OVER A PORTION OF LOT 54 IN TRACT 8325 (SUNHOLLOW) WHEREAS, Lot 54 of Tract 8325, recorded in Book 332, Pages 17 through 19 inclusive, of Miscellaneous Maps of the County Recorder, County of Orange, was irrevocably offered for park purposes to the City of San Juan Capistrano; and, WHEREAS, the public use and necessity requires that a portion of said Lot 54 be accepted to accommodate the adjacent Arroyo Park. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Capistrano does hereby accept for park purposes, the irrevocable offer over a portion of said Lot 54, described as: That certain portion of Lot 54 of Tract 8325 recorded on September 19, 1973, in Book 332, Pages 17 through 19 inclusive, of Miscellaneous Maps of the County Recorder, County of Orange, bounded on the north by the northeasterly line, bearing North 48030147" West, of an easement of right-of-way to San Diego Gas and Electric Company recorded in Book 7567, Page 342 and Book 7613, Page 980 of Official Records of the County Recorder, County of Orange, and bounded on the south by the southwesterly line, bearing North 48030147" West, of said easement of right-of-way to San Diego Gas and Electric Company. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to accept the remainder of the aforesaid Lot 54 at such time as the public use and necessity may require. BE IT FURTHER RESOLVED that the SunHollow Homeowners' Association, a California nonprofit corporation be and is hereby authorized to keep, maintain and operate the underground irrigation system within the property hereinabove described. The aforesaid Association shall, however, indemnify and keep and hold the City of San Juan Capistrano, its officers, employees and agents free and harmless from any and all claims, obligations -1- 14 or liability which may arise from or as a result of its use of the irrigation system and shall, at its sole cost and expense replace and/or repair any damage to the surface caused by or resulting from such use. March PASSED, APPROVED AND ADOPTED this 3rd day of 1981 , by the following vote, to wit: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, 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. '81-3-3-4 , adopted by the City Council of the City of San JuanCapistrano, California, at a regular meeting thereof held on the 3rd day of March , 1981 . (SEAL) U MARY ANN ANOVER, CITY CLERK -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) and says: AFFIDAVIT OF POSTING MARY ANN HANOVER, being first duly sworn, deposes That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 79-2-21-7 and on the 12th day of Pfarch 1981 , she caused to be posted: RESOLUTION NO. 81-3-3-4 being: ACCEPTING IRREVOCABLE OFFER OF DEDICATION - PARK PURPOSES, LOT 54, TRACT 8325 (SUNHOLLOW) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING IRREVOCABLE OFFER OF DEDICATION IN FEE SIMPLE FOR PARK PURPOSES OVER A PORTION OF LOT 54 IN TRACT 8325 (SUNHOLLOW) in three (3) public places in the City of San Juan Capistrano, to wit: The Administration Building; The San Juan Hot Springs Dance Hall; The Orange County Public Library. CHECK LIST ORD. No---.----- - RES. NO.- 3 3 y v Mayor has signed ... _`�... Clerk has signed City Seal stamped .............. All blanks typed in ..Absent" _..-::�_--- ----._................. ._.......... Typed in Official Record Book .............. Posted to Classified Cards ............. Copies sent to......_ *�Z3 lol, r1.7.3 . .........._.. C -2 Ppt K ----------------- ....... ..... Legal Publication ordered to be published (date) ------------------- -----..__------------------------- No. Affidavits .___.----------------------- No. Printed copies required .__._..- Remarks ......... -3- MARY ANNSANOVER, City Clerk San Juan Capistrano, California