Resolution Number 08-10-07-01RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of Son Juan Ca,pi &ano
This Document was electronically recorded by
ER Cert Marl F
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
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2008000480474 10:51 am 101171
213 92 R28 7
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This Space for Recorder's Use Only
RESOLUTION NO. 08-10-07- p 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, VACATING THE PASEO TIRADOR RIGHT-OF-
WAY,
WHEREAS, on May 6, 2008, the City Council of the City of San Juan Capistrano issued
Resolution No. 08-05-06-05 (the "Original Resolution") approving the Ventanas Business
Center project; and
WHEREAS, the Original Resolution. provided, in relevant part, for the vacation of that
street easement held by the City of San Juan Capistrano ("City") and commonly known as
"Paseo Tirador" and
WHEREAS, iatli3rnicStreets arid Highways
ijlicjs Coude Sections 8300 of seq. (the "Vacation -
Statutes") prescribe certain procedures relative to the vacation of streets by legislative booties;
and
WHEREAS, the Vacation Statutes further establish specific content requirements for
resolutions adopted and approved by legislative bodies concerning the vacation of public
streets; and
WHEREAS, the City Council of the City of San Juan Capistrano desires to complete the
vacation of Paseo Tirador in compliance with the provisions of the Vacation Statutes and (ii)
allow for recordation of this Resolution in order to complete the vacation process for Paseo
Tirador.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby make the following express findings relative to the vacation of Paseo
Tirador:
1. Paseo Tirador is . fully. and accurately described and depicted in the
attached Exhibit 1 and Exhibit 2. Said Exhibits are comprised of two (2) parts, each part
containing an "Exhibit A" [describing a portion of Paseo Tirador] and "Exhibit S" [depicting that
portion of Paseo Tirador described in the associated "Exhibit X); and
2. The City has complied with the provisions of the Vacation Statutes relative
to the processing, evaluation and consideration of the vacation of Paseo Tirador, more
specifically, the Summary Vacation procedures of Chapter 4 of Part 3 of Division 9 of the
Streets and Highways Code; and
3. Based upon ';' th— evidence submitted to and considered by the City
Council of the City of San Juan Capistrano, Paseo Tirador is unnecessary for present or
prospective public use; and
4. Elimination of Paseo Tirador as e public right-of-way will not adversely
affect the City's ability to gain necessary access to other City properties/facilities located
proximate to the vacated right-of-way; and
5. Vacation of Paseo Tirador as a public right-of-way will benefit the City by
eliminating the City's maintenance and associated responsibilities relative to ownership of the
right-of-way easement:; and,
6. From and after the date this resolution is recorded, Paseo Tirador shall no
longer constitute a street.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano hereby authorizes and instructs the City Clerk to cause a certified
copy of this resolution to be recorded in the Official Records of the Orange County Recorder's
Office, all in accordance with the provisions of the Vacation Statutes.
PASSED, APPROVED, AND ADOPTED this 7th day of October, 2008.
ATTEST:
R
RET R. MONAHAN, CITY CLERK
EXHIBIT "All
LEGAL DESCRIPTION OF STREET VACATION'
In the City of San Juan Capistrano, County of Orange, State of California, being that.portion of Pasco
Tirador as dedicated and shown on Parcel Map No. 79-856 filed in Book 143, Pages 1 through 8,
inclusive, of Parcel Maps, Records of said County and shown on the Amended Map of Parcel Map No.
79-856 filed in Boom 176, Pages 1 through 8, inclusive; of said Parcel Maps, lying southerly of a line
parallel with and 45.00 feet southerly of the centerline of Calle Arroyo as shown on said Parcel Map..
As shown on Exhibit "B" attached hereto and by this reference nxade apart hereof
Containing 0.115 acres, more or less.
chi
- ' No. 6654
4vwilliams, L.N. 6654 kfExp.
License E r s: Deco ber 31 009 12/31/09
Date:
� t 0
F 0 pL
.Revised: August 25, 2008
December 21, 2007
W-0. 2737-3
Page 10£ 1
H&A Legal No. 7100
By L. Flush
Checked by R. Williams/ir
Exhibit I
EXHIBIT "B"
Sketch to Accompany Legal Description
VICINITY MAP
NO SCALE
HUNSAKER & ASSOCIATES
I R V I N E , I N C . STREET VACATION
PLANNING - ENGINEERING - SURVEYING
Three Hughes - Irvine, CA 92618 - PR (949) 583 -IMO - FX., (949) 583.0759 CITY OF SAN JUAN CAPISTkANO, COUNTY OF ORANGE:, STATE OF CALIFORNIA
DATE: I D CKBY.'d
12-26-071 'D'A'TE ..,..8-25-08 wyo K. VO -- Rt1SH SCALE: 1"=W.O. 2737-3
FILE: 1: \Von tan a s\LD\71 0G\SH T01 . dwg H&A LEGAL No. 7100 1 SHEET 1 OF 1
. .. .......... ... ... .
EXHIBIT "X'
LEGAL DESCRIPTION OF STREET VACATION
In the City of San Juan Capistrano, County of Orange, State of California, being those portions of
Paseo Tirador as dedicated and.shown in deeds recorded March. 14, 1080 in Book 13.535, Page
1942, recorded February 22,198a as Instrument No. 83-079766, and recorded August 12, 1.986 as
Instniment No. 86-357928 all of Official Records of said County.
Together with any portion of said Paseo Tirador lying within the land described in a. deed to the:
County of Ovaxige recorded March 10, 1956 in Book 3441, Page 234 of Official Records of said
County.
Excepting therefrom any portion lying northerly of a lige parallel and concentric with and 30.00
feet southerly, from the southerly lige of Parcel 2 as shown on a snap filed in Book 130, Page 27 of
Parcel Maps in the office of the County Recorder of said County,
As shown on Exhibit "B" attached hereto and by this reference made a part hereof
vvf(r/
No. 6654
Rory Uriams, I.I.S. 6654
License Expire : l)ecember -U; 2009 .� . Exp. 12/31/09
Date:
August 28, 2008
W.U. 2737.3X
Page 1 of 1
H&A Legal No. 7218
By L. Gaston
Checked by R. Williams/lr
Exhibit 2
EXHIBIT Y$13"
Sketch to Accompany Legal Deseription
vit-trill T (Whir
NO SCALE
v,
500
PASEO TIRADOR AS DEDICATED BY
(NST. NO, 83-079766, O.R.
PASEO 7RADOR AS WICATED RY
INST. NO. 86-357928, O.R.
(FORMERLY CALLE TIRADOR)
PASEO TIRADOR AS DEDICATED BY
INST. NO. 83-079766, O.R.
HUNSAKER & ASSOCIATES
I
I R V I N E I N C I
STREET VACATION
PLANNING - ENGINEERING - SURVEYING
Three Hughes - lNhe, CA 92618 • PH; (949) 593,1= -. FX. (949) 583-0759
CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA
DAM 8-28-08 Wd . . ... . .. ....... .............
. I ATE s' .' T. VO R. WILLIAMS1 SCALE: 1"=100' W- 0. 2737-3X
1: \Ven ton cs\LD\7218\SHTG1 . dwq H&A LEGAL No. 7218 1 SHEET 1 OF 1
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PASEO TIRADOR AS DEDICATED BY
BOOK 13535, PAGE 1942 O.R.
(REC, 3/14/80)
HUNSAKER & ASSOCIATES
I
I R V I N E I N C I
STREET VACATION
PLANNING - ENGINEERING - SURVEYING
Three Hughes - lNhe, CA 92618 • PH; (949) 593,1= -. FX. (949) 583-0759
CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA
DAM 8-28-08 Wd . . ... . .. ....... .............
. I ATE s' .' T. VO R. WILLIAMS1 SCALE: 1"=100' W- 0. 2737-3X
1: \Ven ton cs\LD\7218\SHTG1 . dwq H&A LEGAL No. 7218 1 SHEET 1 OF 1
STATE OF CALIFORNIA }
COUNTY OF ORANGE )ss'
CITY OF SAN JUAN CAPISTRANO }
1, .MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 08-10-07-01 was duly adopted bythe City Council ofthe City of San Juan
Capistrano at a Regular meeting thereof, held the 7"h day of October 2008, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Uso, and Mayor Soto
NOES: COUNCIL MEMBER: Nielsen
RECUSE: CO NG MEMBER: None
i
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MAItt ARE T IViONAHAN City Clerk