Resolution Number 16-05-17-01RESOLUTION NO. 16-05-17-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, VACATING A PORTION OF RIGHT OF
WAY FOR ORTEGA HIGHWAY AT 26891, AND RESERVING
EASEMENTS AND RIGHTS FOR EXISTING PUBLIC UTILITY
FACILITIES
WHEREAS, when the State of California constructed a new interchange at
the Ortega Highway and 1-5 Interchange, Ortega Highway was realigned west of Del
Obispo Street creating excess right-of-way at 26891 Ortega Highway ("Property") that is
no longer needed for highway purposes except for certain public utility facilities that
exist on the Property ("Facilities");
WHEREAS, the Property will be used as part of the development site for
the Mission Inn Hotel, and the developer for the Mission Inn Hotel has filed an
application for the project and is requesting vacation of the Property to continue to
develop the project; and
WHEREAS, pursuant to California Streets and Highways Code, Division 9
-Change of Grade and Vacation, Part 3 -Public Streets, Highways, and Service
Easements Vacation Law (beginning with Section 8300) the City seeks to vacate the
excess right of way at the Property as described in Exhibit A and depicted in Exhibit B,
excepting from the vacation those easements and rights necessary to maintain,
operate, replace, remove, or renew the Facilities; and
WHEREAS, pursuant to Streets and Highways Code section 8313, this
vacation is consistent with the City's Circulation Element of the General Plan because
the new Ortega Highway Interchange realigned the roadway creating excess right-of-
way and the realigned highway does not reduce roadway capacity; and
WHEREAS, pursuant to Streets and Highways Code section 8320, the
City Council scheduled a public hearing for May 17, 2016, at 5:00 p .m., at the City
Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, and
gave the public notice and a reasonable opportunity to appear at the hearing and be
heard on the matter of the proposed vacation; and
WHEREAS, the hearing has been held by the City and the public was
afforded the opportunity to be heard on the matter of the proposed vacation; and
WHEREAS, at the conclusion of the hearing the City finds that the
Property proposed to be vacated is unnecessary for present or prospective public use
by the City, but that easements and rights are required to be excepted from the vacation
to maintain, operate, replace, remove or renew existing Facilities; and
1 5-17-2016
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano as follows:
SECTION 1. The forgoing recitals are true and correct.
SECTION 2. The City has provided notice of this hearing as required by Streets
and Highways Code sections 8320-8323 .
SECTION 3. The City hereby finds that the Property proposed to be vacated is
unnecessary for present or prospective use by the City, but that easements and rights
are required to maintain, operate, replace, remove or renew existing Facilities.
SECTION 4. The location of the Property subject to vacation is depicted and
described in Exhibit A and depicted in Exhibit B, both attached to this Resolution, and
the location of the property is generally summarized as that portion of Ortega Highway
right-of-way at 26891 Ortega Highway.
SECTION 5. This action is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Section 15060(c)(3) of CEQA Guidelines (the activity is not a
project as defined in Section 15378 of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly).
SECTION 6. The City hereby vacates the Property described in Exhibit A to this
resolution and generally depicted in Exhibit B to this resolution in accordance with
Streets and Highways Code section 8324(b), but reserves and excepts from the
vacation any easement and right necessary to maintain, operate, replace, remove, or
renew existing Facilities, pursuant to Streets and Highways Code section 8340(c).
SECTION 7. The City Clerk shall cause a certified copy of this Resolution of
Vacation, attested by the City Clerk under seal, to be recorded without
acknowledgment, certificate of acknowledgment, or further proof in the Office of the
Orange County Recorder. Pursuant to Streets and Highways Code Section 8336, no fee
shall be charged for such recordation. The City Clerk shall permanently maintain a true
and correct copy of this Resolution.
SECTION 8. This Resolution shall become effective upon its adoption. Upon the
recordation required hereby, the vacation is complete and the Property no longer
constitutes a right-of-way. The Mayor is authorized to execute any and all documents
necessary to evidence the vacation of the Property, including, but not limited to, a
quitclaim deed transferring the City's interest in the excess right-of-way for Ortega
Highway at 26891 to the developer for the Mission Inn Hotel.
2 5-17-2016
PASSED, APPROVED, AND ADOPTED this 1ih
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. 16-05-17-01 was duly adopted by the
Cit~ Council of the City of San Juan Capistrano at the Regular meeting thereof, held the
1 i day of May 2016, by the following vote:
AYES:
NOES :
A ........... ""
COUNCIL MEMBERS: Reeve, Perry, Allevato, Ferguson and Mayor Patterson
COUNCIL MEMBERS: None
CO Cl EMBERS: None
3 5-17-2016
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
AND MAIL TAX STATEMENTS TO:
Rivendell Land Company. Inc.
31866 Camino Capistrano
San Juan Capistrano, CA 92675
Attention: William J. Griffith
DOCUMENTARY TRANSFER TAX$, ____ _
_ Computed on the considemtion or value of property conveyed;
OR
_Computed on the consideration or value less liens or
encumbrances remaining at time of sale.
_Unincorporated area _City of San Juan Capistrano
(Space above this line for Recorder's use)
Signature of DeclllfBllt or Agent detennining tax -Finn
Name
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The CITY OF SAN JUAN CAPISTRANO, a municipal corporation, organized and existing under
the laws of the State of California (''Grantor") hereby remises, releases, and forever quitclaims to
SOUTH COAST INVESTORS II, LLC, a California limited liability company ("Grantee"),
that certain real property in the County of Orange, State of California, as more particularly
described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated by reference
herein (the "Property").
26SOIO 16052.0038
8527654. I ~0611011 S
[SIGNATURE PAGE FOLLOWS]
EXHIBIT A
EXHIBIT 8
Signature page to Quitclaim Deed
IN WITNESS WHEREOF, the undersigned has executed this Qui'tc1aim Deed to be made effective
upon its recordation in the Official Records of Orange County, California.
Dated _..;:;._6\F-:Jd__....~\l9= __ CITY OF SAN JUAN CAPISTRANO, ::unicipal oo~if
Nom~(··
Its: c.ry-&~
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of ________ _
)
)
On __________ _. before me, _____________ _,
(insert fUime and title of !he officer)
Notary Public, personally appeared -------------------~
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
l certify under PENALTY OF PERJURY under the laws ofthe State ofCalifomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature, _____________ _
2650/U 16052-11038
8527654.1 a06/IO/IS
(Seal)
Signature page to Quitclaim Deed
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notruy public or other officer completing this certificate
verifies only the identity of the individual who signed the
document~ to which this certificate is attached, and not the
truthfulness, accuracy. or validity of that document.
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1 181)
On May 20, 2016, before me, Christy Jakl, Assistant City Clerk, personally appeared
Ben Siegel, City Manager, who proved to me on the basis of satisfactory evidence to the be
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/there
signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENAL TV OF PERJURY under the laws ofthe State of California that the foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
City Manager
Title
Signer is Representing
City of San Juan Capistrano
WITNESS my hand and official seal.
OPTIONAL
Description of Attached Document
Title or Type of Document
Quitclaim Deed -City of San Juan Capistrano and
South Coast Investors II, LLC
EXHmiT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 12 OF TRACT NO. 103, IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGES 29 TO 33 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 12; THENCE SOUTH
00°29'25" WEST ALONG THE WESTERLY LINE OF SAID LOT 12 A DISTANCE OF 76.60
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°29'25" WEST ALONG
THE WESTERLY LINE OF SAID LOT 12 A DISTANCE OF 48.11 FEET; THENCE SOUTH
69°45'38" WEST ALONG A LINE PARALLEL WITH AND DISTANT NORTHERLY 40.00
FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF ORTEGA
HIGHWAY AS DESCRIBED IN EASEMENT DEED TO THE STATE OF CALIFORNIA
RECORDED IN BOOK 1049 AT PAGE 349 OF OFFICIAL RECORDS, A DISTANCE OF
177.30 FEET TO A POINT OF TANGENCY WITH A CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 960.00 FEET; THENCE WESTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 21°21 '48", A DISTANCE OF 357.95 FEET; THENCE
NORTII 73°01'58" EAST, A DISTANCE OF 119.12 FEET TO A POINT OF NON
TANGENCY WITH A CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 729.69
FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
11°18'25'', A DISTANCE OF 144.00 FEET, THENCE NORTH 69°45'38" EAST, A DISTANCE
OF 282.05 FEET TO THE TRUE POINT OF BEGINNING.
26SO/O 160$2~038
SS276S4.1 a06/l0/15 EXHIBIT "A"
26501016052.00Ja'
8S'l76S4 .1ll06/JCII$
EXHIBIT "B"
DEPICTION
(See attached.)
EXHIBIT "B,
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