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Resolution Number 09-09-15-03RESOLUTION NO. 09-09-15-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING APPLICATION TO AND REQUESTING THE LOCAL, AGENCY FORMATION COMMISSION (LAFCO) OF ORANGE COUNTY TO TAKE PROCEEDINGS PURSUANT TO THE CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 FOR THE CITY OF SAN JUAN CAPISTRANO TO ANNEX PROPERTY AND EXPAND ITS SPHERE OF INFLUENCE FOR ACQUISITION OF APPROXIMATELY ONE HUNDRED THIRTY TWO (132) ACRES FROM RANCHO MISSION VIEJO CONTAINING THE OAKS EQUESTRIAN FACILITY, PARK, RECREATION AND OPEN SPACE AREAS PURSUANT TO THE ATTACHED LEGAL DESCRIPTION AND MAPS LOCATED SOUTH OF ORTEGA HIGHWAY, WEST OF LA PATA AVENUE, NORTH OF SAN JUAN HILLS HIGH SCHOOL AND EAST OF THE CITY LIMITS. WHEREAS, City of San Juan Capistrano desires to initiate proceedings pursuant to the Cortese -Knox -Hertzberg Local Reorganization Act of 2000, Division 3, commencing with Section 56000 of the Government Code, for the annexation of unincorporated territory to the City; and WHEREAS, the City will file an application with the Local Agency Formation Commission (LAFCO) to annex unincorporated territories and expand its sphere of influence referenced in Exhibit A, attached hereto and by this reference incorporated herein; and WHEREAS, this proposed annexation shall be consistent with Government Code Section 56886 and other applicable law existing as of the date of the filing of this Resolution; and WHEREAS, the reasons for this proposed annexation are to preserve and provide existing equestrian, park, recreation and open space areas within the City of San Juan Capistrano for its residents and visitors; and WHEREAS, the subject property is an irregular shaped 132 acre parcel of land located south of Ortega Highway, West of La Pata Avenue, north of San Juan Hills High School and east of the City of San Juan Capistrano municipal limits; and WHEREAS, the City has entered into a purchase and sale agreement with the owners of the subject property for its acquisition by the City. 1 9-15-2009 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, California, does hereby approve the Resolution of Application for Annexation and requests the Local Agency Formation Commission (LAFCO) of Orange County take proceedings for the annexation of territories to the City and expand its sphere of influence, as shown in Exhibit A, attached hereto and incorporated herein by this reference, according to the terms and conditions stated above and in the manner provided by the Cortese -Knox -Hertzberg Local Government Reorganization Act. BE IT FURTHER RESOLVED, that pursuant to the Act, the City requests that LAFCO condition the annexation upon the simultaneous annexation and acquisition of the Property by the City on terms reasonably acceptable to the Owners of the Property, and as the Property is uninhabited, that the proceedings be conducted without an election and waiver of protests proceedings. PASSED, APPROVED, AND ADOPTED this 15th day of September, 2009. K MARK NIELSEN, MAYOR 2 9-15-2009 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO } 1, MARIA MORRIS, appointed Acting City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 09-09-15-03 was duly adopted by the CitX Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 15 day of September 2009, by the following vote: AY S' OUNCIL MEMBERS: Allevato, Freese, Hribar, Uso and Mayor Nielsen N ES' % P'OUNCIL MEMBER: None S T ' iCOUNCIL MEMBER: None , Ac�fn�, City Clerk 3 9-15-2009 EXHIBIT A Description of Real Property (Attached) 082/21146924.5 EXHIBIT A 1ilNTT 2(iE14R4 iNG + 430 Ei changea Saito 200 + krfas, CA 92602-1315 • 71A.734.51410pliom a 714.734.5€55 fox I hula wiJart.tom EXHIBIT A LEGAL DESCRIPTION RMV COMMEUNI'i'y DEVELOPMENT SAN JUAN PROJECT arc 17: 10-1159-20 (D) 06-26-09 That portion. of Parcel 104 of Certificate of Compliance No. CC 2001-01, in the Unincorporated Territory of the County of Orange, State of Calnforini a, recorded July 26, 2001 as Instrument No. 20010508635 of Official Records, in the office of the County Recorder of said County, described as follows, Beginning at the Southeasterly terrrninus of that certain course along the Southwesterly line of Rancho .Mission Viejo, as shown on Record of Survey No. 20061181, in Book 218, Pages 14 through 24, inclusive, of Records of Survey, in the office of said County Recorder, described as having a bearing and distance of "North 5757'24" West 4459-27'" on said Record of Survey; thence along said Southwesterly line North 5257'24" West 526.36 feet to a point hereinafter referred to as Point "A'; thence leaving said Southwesterly litre and along the Northwesterly line of Parol Two of the Planning Area One Development Boundary as approved July 26, 2006 by the Orange County Planning Commission Resolution No. 06-05, as shown on said Record of Survey, the following' courses: North Z38115" East 301.76 feet, North 34'I39'53" East 888.59 feet, and North 23'2042" East 814.28 feet to the Southerly right-of-way line of Ortega Highway, as described izn. Exhibit "C" in the Grant Deed to the County of Orange, recorded August 1, 2008 as Instrument No. 2008000369965 of said Official Records; thence along said Southerly right-of-way line, the following courses: North 83'12'45" East 344.58 feet, North 64TI5" West 19.74 feet to the beginning of a non -tangent curve concave Soidberly having a radius of 6326.27 . feet, a radial line of said curve to said point bears North 3113'37" West, Easterly 24.26 feet along said curve through a central angle of iP13'11", North 86'59'34" East 256.57 feet to the beginning of a curve concave Northerly having a radius of 4579,70 feet, Easterly 139.48 feet along said curve through a central angle of 1"44'42", non -tangent South 87'43'55" East 90.93 feet to the beginning of a non -tangent curve concave Northerly having a radius of 4591.70 feet, a radial line of said curve to said point bears South 9'5242" East, Easterly 275.99 feet along said curve through a central angle of 3°2613811, non -tangent North 87'16'57" East 71.92 feet, South 1fP12'54" East 4.17 feet, South $904'37" East 84.63 feet, and North 85'16107" East 18.27 feet to a Point on a non -tangent curve concave Northwesterly having a radius of 1550.00 feet, a radial line of said curve to said point bears North 891719" East, said curve also being the Northwesterly right-of-way line of La Pata Avenue, as shown on said Record of Survey; thence along said Northwesterly right-of-way, the following courses: Southwesterly 1103.15 feet along said curve through a central angle of 40'464011, South 30 33'59" West Nf0-1 i 59-Z(ilalilrm+raar�{unryziUis�rm EXHIBIT A 10-1159-20 (D) F. LEGAL. DESCRIPTION -CONTINUED 06-26-09 RMVCOh1MUNITY DEVELOPMENT SAN JUAN PROJECT PAGE 2 40046.'40", South '16°03'59" West 561.99 feet to the beginning of a curve concave Southeasterly having a radius of 1650.00 feet, and Southwesterly 882.54 feet along said curve. through a central angle of 30°38146", to a point hereinafter referred to as Point "H"; thence leaving said Northwesterly right-of-way line non -tangent South 84026'50" .West '10.78 feet to a point on said Southwesterly line of Rancho Mission Viejo, said point being'distant thereon South 19°17'44" East 213.59 feet from the point of beginning; thence North 19017'44" West 213.59 feet to the point of beginning. Containing an area of 70.572 acres, more or less. C=k OM Space Ewch That portion of Parcel 104 -of Certificate of Compliance No. CC 20001-01, in the Unincorporated Territory of the County of Orange, State of California, recorded July 26, 2001 as Insiriaaxient No. 24010508635 of Official Records, in the office of the County Recorder of said County, described as follows: Beginning at Point "A" as described in Parcel 1 herein above; themm along the [northwesterly line of Parke! Two of the Planning Area One Development Boundary as approved July 26, 2006 by the Orange County Planri* Commission Resolution No. 06-05, as shown on Record of Suzvoy No. 2006-1181, in Boole 218, Pages 14 through 24, inclusive, of Records of Survey, in the, office of said County Recorder, the following courses: North 2°38'15" East 301.76 feet, North 3400953" East 888.59 feet, and North - 2?°2fl'"2" Ea.,,, 814.28 feet to alae Southerly right-of-way line of Ortega Highway, as described in Exhibit "C" in the Grant Deed to the County of Orange, recorded August 1, 2008 as Instrment No. 20€18000368965 of said Official Records; thence along said Southerly right-of-way line, the following courses: South 83112'45" West 55.42 feet, South 6°47!15" East. 40.00 feet, and South 83°12'45" West 311.98 feet to the Southeasterly line of Parcel One of said Planning Area One Development Boundary, as shown on said Record of Survey, said point hereinafter referred to as Point "C"; thence leaving said Southerly right-of-way line and along said Southeasterly line, the following coutses; South 37°4328" West 358.30 feet, South 27°5121" West 469.69 feet, South 38038'01" West 422.80 feet to the beginning of a non4azngeant curve Southeasterly having a radius of 500.00 feet, at radial lime of said curve to said point begs North 5°39'47" West, and Southwesterly 445.03 feet along said curve through a central angle of 50°59'50" to a point on the Southwesterly line of Rancho Mission, as shown on said Record of Survey, said point being distant thereon North 52°5724" West 746.21 feet from. the point of beginning; them leaving said Southeasterly line and along said Southwesterly line South 5215724" East 746.21 feet to the point of beginning. Containing an area of 17.142 acres, more or less. T11 U-1 tSR-2A£�lVrmrssrlluanlzklfr� EXHIBIT A 10-1159-20 (13) LEGAL DESCRIPTION-CONI'iNUED 06-26-09 RMV COI RAUNITY DEVELOPMENT SAN JUAN PROTECT PAGE 3 Parcel 8: That portion of Pa=rcel 104 of Certificate of Compliance No. CC 2001-01, in the Uni000zporated Territory of the County of Orange, State of California, recorded July 26,- 2001 as Instrument No. 200.10508635 of Official Records, in the office of the County. Recorder of said. County, described as follows: Beginning at Point "C" as desez f'bed in Parcel 2 herein above; thence along the Souflmstedy line of Parcel One of the Planning Area One Development Boundary as approved July 26, 2006 by the Orange county Planning Conitaission Resolution. No. 06-05, as shown on Record of Survey No, 2006-1181, in Book 218, Pages 14 through 24, inclusive, of Records of Survey, in the office of said County Recorder, the following courses: South. 3704378" West 358.30 feet, South 2705121" West 469.69 feet, South 38°38'01" West 422.80 feet to the beginning of a non -tangent curve concave Southeasterly having a radius of 500.00 feet, a radial ae of said curve to said point bears North 5°'39'07" West, and Southwesterly 445.03 feet along said curve through a central angle of 50°59'50" W a point on the Southwesterly line of Rancho Mission Viejo,'as shown on said Record of Survey; thence North 5205724" West 640.24 feet along said Southwesterly line to the Southerly right-of-way line of Ortega Highway, as described in Exhibit "C" in the Grant Deed to the County of Orange, recorded August 1, 2008 as Instrument No. 2008000368965 of said Official Records; thence along said Southerly tight -of -way line, the following coupes: North 53003'40" East 15.49 feet, South 36"5670" East 3.50 feet, North 53003140" East 308.58 feet to the beginning of a curve concave Northerly having a radius of 7044,30 feet, Northeasterly 299.61 feet along said curve through a central angle of 2026"13", North 50037'27" East 81.26 feet, South 39022'52" East 3.07 feet, North 50037'08" East 210.25 feet, North 57°51'04" bast 71.12 feet to the beginning of a item -tangent curve concave Southerly having a radius of 1474.05 feet, a radial line of said curve to said point bears North 33024'19" West, Northeasterly 210.68 feet along said curve through a central angle of $011,20", non - tangent South 25011117" East 13.07 feet, North 80023'21" East 29.94 feet, North 61008136" East 68.00 feet, North 29"11'32" West 11.61 feet, North 42004'13" Fast 30.05 feet to the beginning of a nou-tangent curve concave Southeasterly having a radius of 1530.00 feet, a radial line of said curve to said point bears North 24059`51" West, Northeasterly 254.57 feet along said curve through a central angle of 9°32'00", along a radial lute of said carve non -tangent South 15°2 -PSI" East 50.00 feet to the beginning of non -tangent curve concave Southeasterly !raving a radius of 1480.00 feet, a radial line of said curve to said point burs North 15`27'51" West, Northeasterly 224.13 feet along said curve through a central angle of 8°40'35" and North 83012'45" East 45.72 feet to the point of beginning. Containing an area of 18.403 acres, more or less, rr10-1ts9L-2wasur,,,m„1„W,k&F,,, MUM IT A 10-1159-20 (D) LEGAL DFSCRPn0N-MNTnsRMD 06-26-09 RMV° C01MMUNITY DEVELOPMENT SAN MAN PROJECT PAGE 4 La Pata Open Suace ,Parcel: That portion of Parcel 104 of Certificate of Compliance No. CC 2041-01, in the Unincorporated Territory of the County of Orange, State of California, recorded July 26, 2001 as Instrument No. 20010508635 of Official Records, in the office of the County Recorder of said County, described as follows: Beginning at faint "B" as described in .Parcel 1 herein above, thence South 84'1.6`50" Wast 703.,78 feet to a point on the Southwesterly line of Rancho Mission Viejo, as shown on Record of Survey No. 2006-1181, in Book 218, Pages 14 through 24, inclusive, of Records of Survey, inthe office of said County Recorder, said point being distant thereon South 1 F17 44" East 213.59 feet from the point of beginning of said Parcel 1; thence along the Westerly, Southerly and Easterly lines of said Parcel 104, the following courses: South 19'17144" East 1017.75 feet, North 5$'02'03" East 484.09 feet, North Y4610" Nest 452.96 feet to the beginning of a curve concave Easterly having a radius of 1650.00 #feet, and Northerly 322.24 ;feet along said curve through a central angle of I r! 9'23" to the point of beginning. Containing ars, area. of 11,.562 acres, more or less. As shown on Exhibit B attached hereto and by this reference made a part hereof 12 NO. 5657 6Xl? 04150109 AMES . GILLEN, PLS 5557 di0415920/9Nmwsv jum/zkIhpm SWXT r or 5 r- Lam, V SWET 4 a TLa� tea Y Ri I { 1 S PAI E f ! { 1 � ! PARCa 8 CRE�'K 1 1 -4 1$.443 AC. opDV 11 . M572 % / I I f ( SP � { ! X572 RGQ 144 AC �: 1 � P I 1 ! 1 1 1 I P.D.a I SEE SHEET 3 FARM z P.aB. { PARM 1 ! ! { ) ! 1 PARCEL 4 i ! ! 1 ! LA PAM , ! ! GPM SPACE 1 ! PAR= ! ! 1 11.562 AC 1 ( 1 ! 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L=210.68° [M M.19241 9'W nI* PARS 8 M403 AC q- RAD A� � .mal -- C) Y N2n1 21 C 469.69' (M & R) 6'04-9-t it fel �� 6•�� �� NU5 39'Q7�K' 4e RAD . hVsT- ------------------------------ lk. 4V F E <� PARM 8 18.403 AC 'a F Iro � F �',} cpj• {XXX) MCA7ES RECORD DATA PER PQi14%%" F R. 2006--1181, R.58. 218114-24 P. 8. ¢ PARCEL DETAIL 'A' ; O INDICA DES MCORD DA TA PDR GRANT` . 1NST. NO, 2� 08000368964 O.R. NOT T(3 SCALE �Y 4� _ � � �; GROU'AO DISTANCES N34739'53 E 88a ,59' (M & R) R.'\ 10115920 WAP? 15920 \DWVNEX\ I 15-920JEX02.Dwo i Fr CREEK GOW SPACE PARca I Z 142 AC. N34739'53 E 88a ,59' (M & R) R.'\ 10115920 WAP? 15920 \DWVNEX\ I 15-920JEX02.Dwo SHEET 4 . or 5 f" ( 000Y o f HWY s {, HiQ! - N 0,42 400-00 06 M do R] _.-' �. 14- p8�3�. 45.7 ° 40-00 83'12 't 58' ✓ .32 (� . ' • 1.3' Al do �� 'LY R ��1.� x.57' do 311.98, {?RTES r r"' tL 55 =ti �� P.O.B.Ll Nr *014 E� 7+fj1 *• •�$ PARCEL 3 Ake i ! N25'r r °1 r"w A1297 t J2`w { �`' 1J. 07°'(AM k R) 1Y, sr' £el do R) ! N317_2'S9 �x! N61 V8 J6 ! f7A0 6& OD' (161 Je R) ! ! N807J'21°r ! 29.94- [M & R] ( { 18.403 AC L 8 R a zMICA r 161, RECORD s.S.2 DATA PER { CR DE,nND DATA PERDETAIL CWD INSTO SCALE. 1-=100' . 2006000368965, O.R. GROUND =TArvcEs R: 11011592!1 kA4AP115920 \DWG\EX \ 1 t 592OAX02.DM i SEE DETAIL V hEREON 1` _ _ �.._ PARM 7 70.5 72 AC. i,- PARCEL V4 oi .<v CREE7C D L OPEN SPACE PARCEL . 8Lu r8.403 Ac =ry r1.1¢2 AC Lu—k 5 bVAL.L;.: -200'moi A SEE SHEET IG i ! N25'r r °1 r"w A1297 t J2`w { �`' 1J. 07°'(AM k R) 1Y, sr' £el do R) ! N317_2'S9 �x! N61 V8 J6 ! f7A0 6& OD' (161 Je R) ! ! N807J'21°r ! 29.94- [M & R] ( { 18.403 AC L 8 R a zMICA r 161, RECORD s.S.2 DATA PER { CR DE,nND DATA PERDETAIL CWD INSTO SCALE. 1-=100' . 2006000368965, O.R. GROUND =TArvcEs R: 11011592!1 kA4AP115920 \DWG\EX \ 1 t 592OAX02.DM iVa373 37 ;i� RAt3 -�-' N099 2Q� `_, 7'1 g t" ---� -----i - --- _. _ - — RAA RAD N � .1 i �r ---- - W �1)J 26 19.7 R' _�..---�.-_"""r_ N67'4'3 R�4.59f.70` ,�_-____-----�, ''15 i N8659'34'E` g0.9 ' rM d[ R] 400�b ' 25E.57' 4 f 00f�to 6`13' �--_ b , L-275.44 a .r^ ,344.58 N n • � i � i � �!k 'moi ctr ZU I.- sE`L Y R/w l3RTPCA lawn fNSi Na. 20080170368965, O.R. .41 1 �� PARCEL 7 05- 70.572 AC a , r�W N14rls'57 . --____.___..._____.._.___.Ng.8.5._f77__1 9____' . i EGA I [M RIffA 57$i /Zr/ 27' [1$28] + RAD PARCEL u7;51 l �. tf q 1 I DETAIL NOT r0 SCALE i SCAM 1"-200' eb lid AV, 03 5:0.63.5, 0Fe �,���i � (XXX) fivm Am RECORD DATA PER Grp / AS 2006--1181, R.&B. 218/14--24. [XXXJ AnUCAIM RECORD DA 7'A PER GRANT / DEEDS, RVSr W. 200800OJ68964 O.R. k� 1 GROUAO INST"AKES 6 4150$7.9~ R=1.650.00' � =1.204.78' (M do R) SEE SHEET 2 / `IN, & 110115920\,WAP115920\DW\Ex`115920XX02.DM 4tkTT-Z0tiJl4 ur—, 430 Exehaaga s $utie 200 1 f(Aml,CA92502-13M • 714.734.5100Pbww + 714.73s.5155fw . huilhzolldri-com 10-1159-20 (D) 06-26-09 EXHIBIT A LEGAL DESCRIPTION DNB SAN JUAN INVESTMENT NORTH LA DATA OPEN SPACE PARCEL SAN JUAN PROJECT That portion of Parcel 2 of Lot Line Adjustment LL 2003-004, in the Unincorporated Torritory of :lie County of Orange, State of California, recorded March 19, 2003 as Instrument No, 20030 2�i0 94469 of Official Records, in the office of the County Recorder of said County, lying Westerly of La Pata Avenue. Containing an area of 13.855 acres, more or less. As shown on Exhibit B attached hereto and by this reference made a part hereof aa4 Lazo AL a NO. 5557 0 EXP.- 09130109 V AY'dfES GILLEN, PLS 5557 CALiF04 r/!0 -E i59-20/aillthnbsenjtaexr/zklhpcn 1 X '29DL01 11 P-rL V 1 d1(S7: ZV V08..6,36, OA Ij I al iA PA TA w ty t�Q OPEN� A 13.855 AG i k tog oh 00 (XXX) INDICATES RECORD DATA PER LL 2003-004, INST. NO. 2003000294469, 0. R. NQ. 5%7 0. E)F. 8%3 /06 vl? CA Dc .. HUITT-ZOLIAINJ Hint-zours, tri. 4W.ExctwrQ^ 8i** =, "m, CA 8: 002-1315 Phone (744) 734.5 ? Fm (7U) 784-5455 �o er fir}. i aE � SKETCH TO ACCOMPANY Save 1.DD' A LEGAL DESCRIP7701V OM7AI W If DkW SAN JU,AI if PRoisCT cqrkXm my PW DUB SAN JUAN CAM - 612612009 lWEarmEw NoRm ow Ala rD- rlss-�zD R:\10f1592J0\UAP1159,2U\DWj£X\115920AXOJDW t