Resolution Number 12-06-19-07RESOLUTION NO. 12-06-19-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONCURRING WITH PLANNING
COMMISSION GENERAL PLAN FINDINGS OF CONSISTENCY AND
AUTHORIZING STAFF TO QUITCLAIM CITY REMNANT RIGHT-OF-WAY
PARCEL TO THE PROPERTY LOCATED AT 33681 CALLE MIRAMAR
(APN 675-161-16), LOT NO. 58, TRACT 8087, CONNEMARA
SUBDIVISION
Whereas, William E. and Carole E. Deacon, property owner of 33681 Calle
Miramar notified the City that as a result of selling their property a title search revealed that
a remnant City parcel exists adjacent to their property; and
Whereas, William E. and Carole E. Deacon assumed the irregularly shaped
and sloped parcel was part of their property and had landscaped and maintained such
parcel since the late 1980's; and,
Whereas, the City has inspected the property, researched records and
determined that the original Calle Miramar street location had been altered and the final
subdivision map was not amended resulting in the remnant parcel remaining in City
ownership; and,
Whereas, the remnant parcel is a landscaped slope that is not needed for
any public purpose, the City has no use for it and the parcel is not otherwise developable;
and,
Whereas, the remnant parcel also extends to the adjacent parcel located at
33691 Calle Miramar; and,
Whereas, the Planning Commission conducted a duly noticed regular
meeting on May 22, 2012, and directed staff to make such findings of General Plan
Consistency for both properties impacted by the remnant parcel; and,
Whereas, the Planning Commission conducted a duly noticed regular
meeting on June 12, 2012, and adopted a resolution making General Plan Findings of
Consistency for the subject property and recommending that the City Council quitclaim the
City remnant right-of-way parcel to the adjacent property at 33681 Calle Miramar; and,
Whereas, the City Council of the City of San Juan Capistrano conducted a
duly noticed regular meeting on June 19, 2012 and considered all public oral and written
testimony.
6-19-2012
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, California does hereby concur with Panning Commission General
Plan Findings of Consistency Plan for the City remnant right-of-way parcel and the
adjacent property located at 33681 Calle Miramar; and,
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano, California does hereby authorizes staff to quitclaim a portion of the remnant
City right-of-way parcel to the adjacent property owner at 33681 Calle Miramar on the basis
that the City is eliminating a liability and correcting a final map oversight.
PASSED, APPROVED AND ADOPTED this 19th day of June 2012.
OLARRYI MER, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 12-06-19-07 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 19`h day
of June 2012, by the following vote:
AYES: COUNCIL MEMBERS: Freese, Reeve, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT:/COUNCIL MEMBER: None
6-19-2012