Resolution Number 16-10-04-02RESOLUTION NO. 16-10-04-02
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO TO ABANDON
AND SELL CITY-OWNED PARK LAND PURSUANT TO
THE MUNICIPAL PARK ABANDONMENT LAW OF 1939
(GOVERNMENT CODE SECTIONS 38501 ET SEQ .)
WHEREAS, the City of San Juan Capistrano acquired the relevant park land
property (the "Property") as part of the entitlement of the Glendale Federal (lomas San
Juan) Development Project; and
WHEREAS, the Property is approximately 3.5 acres in size , is located at the
northwest corner of the intersection of La Novia Avenue and San Juan Creek Road, and
consists of unimproved vacant land; and
WHEREAS, the Property has not been deemed suitable for use as a City-owned
park and has remained undeveloped and has not been used as a City park since the
City acquired the Property ; and
WHEREAS, the Property is suitable for inclusion in the adjacent San Juan Hills
Golf Course; and
WHEREAS, the Municipal Park Abandonment Law of 1939, codified at
Government Code sections 38501 et seq . (the "Act") authorizes the City to sell land that
was dedicated for parkland purposes; and
WHEREAS, the City finds that the Property has not been used by the public for
park purposes, that no consideration has been paid for the land except by the city, and
that no public funds have been expended to improve the land as a park; and
WHEREAS, in order for the City to sell the Property, the City must first abandon
the Property in accordance with the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein
by reference and made a substantive portion of this Resolution .
Section 2. It is the intention of the City Council of the City of San Juan
Capistrano to abandon and sell the Property pursuant to the provisions of the Municipal
Park Abandonment Law of 1939 .
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Section 3. A map showing the Property to be abandoned and sold is on file in
the Office of the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, California,
and is available for public inspection during the City's normal business hours.
Section 4. The proposed abandonment is set for hearing at 5 p.m., or as soon
thereafter as the matter can be heard, on the 15th of November, 2016 in the City
Council Chambers of the City of San Juan Capistrano at 32400 Paseo Adelanto, San
Juan Capistrano, California.
Section 5. A copy of this Resolution shall be published and posted in the
manner prescribed by Section 38504 of the Government Code.
PASSED AND ADOPTED this 4th day of October 2016 .
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. 16-1 0-04-02 was duly adopted by the
City Council of the City of San Juan Capistrano at the Regular meeting thereof, held the
4th day of October 2016, by the following vote:
AYES: COUNCIL MEMBERS :
NOES : COUNCIL MEMBERS :
ABS YL COUNCIL MEMBE~S :
Reeve, Perry, Allevato, Ferguson and Mayor Patterson
None
None
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