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19990437129• 0 1Z RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 Exempt from Recording Fees Pursuant to Government Code Section 6103 Cheryl Johnson, ty C c San Juan Capistrano, C ifomia Recor``ded��{{in Nt1t1plh``e 1CIpIpIIoI�I�IIIunt++1�yy11`` Of++IlmImI11orange�, California I�IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII /ReCo, deFee 19990431129 3:55pm 06/11/99 005 5147381 05 44 R28 6 6.00 15.00 0.00 0.00 0.00 0.00 STATE OF CALIFOIA ) COUNTY OF ORAN E ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Cleric of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of Resolution No. 99-5-18-2, adopted by the City Council of the City of San Juan Capistrano on the 18th day of May, 1999. (SEAL) N L erylJohnso Ci lerk San Juan Capistrano, California DATED: This 24th day of May, 1999 RESOLUTION NO. 99-5-18-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING "OFFER A," A PREVIOUSLY UNACCEPTED EASEMENT DEDICATED AS AN IRREVOCABLE OFFER FOR STREET AN PUBLIC UTILITY PURPOSES SHOWN AS "OFFER A" WITHIN LOT 16 OF TI ACT MAP 10564, AND ON LOT LINE ADJUSTMENT 84-10564- 105(ASSESSOR PARCELNO.668-441-07,32821CALLE PERFECTO)(UNITED RENTALS/C GIE CONSTRUCTION - CALLE PERFECTO BUSINESS PARK, LLC) WHEREAS, on October 15, 1980, the City Council approved Final Tract Map 10564; and, WHEMN AS, Final Tract Map 10564 included "Offer A," an easement dedicated as an Irrevocable Offer f r street and public utility purposes, shown as "Offer A" within Lot 16 of Tract Map 10564, recordedin Book 480, Pages 35-40 of Official Records and shown on Lot Line Adjustment 84-10564-105, recorded as Document No. 84-235190 of Official Records, which was intended to allow access to Assessor's Parcel Nos. 121-171-16 and -43; and, WHEREAS, at that time, the City did not accept said "Offer "A;" and, WHEREAS, the owner of Assessor's Parcel Nos. 121-171-16 and -43 now desires to develop said access in conjunction with Architectural control 99-1 and Tentative Tract 15853, and has requested the City now accept said "Offer A;" and, WHE AS, United Rentals, the tenant occupying the "Offer A" area, has improvements within he Offer area and may desire to utilize the area until road improvements are installed; and, WHEREAS, the City is herein requiring a License Agreement be entered into with the underlying propertyowner, Carnegie Construction Company, regarding liability and retention of said tenant improveknents prior to construction of public street improvements. NOW, HEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as fol ows: 1. That the City Council of the City of San Juan Capistrano does hereby accept _ "Offer A," an easemen� dedicated as an Irrevocable Offer for street and public utility purposes within Lot 16 of Tract 105641 more particularly shown on Exhibit A, attached hereto for reference. I 1 0 0 2. That the underlying property owner, Carnegie Construction Company, enter into a License Agreement which defines liability responsibility and retention of existing lessee improvements. 3. That the Mayor and City Clerk are authorized to execute this Resolution and the License Agreement. 4. That the City Clerk is hereby directed to forward said Resolution and License Agreement to the Orange County Recorder's Office for recordation. 5. (IThat the City Clerk is hereby directed to notify the property owner and tenant by registered mail/return receipt, of the City Council action to accept "Offer A" and the requirement of a License Agreement regarding liability and existing lessee improvements. PASSED, APPROVED, AND ADOPTED this 18th day of May , 1999. , Lmx--, el J GREINER, MAYOR ATTEST: -2- 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. adopted by the City Council ofthe City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of May 1999, by the following vote: AYES Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES None ABST IN: None ABSE T: None (SEAL) 6/ Lc CHERYL JO N, OTY CLERK -3- O V I . I . I t l EXHIBIT A LOT LINE ADJUSTMENT (am) EXISTING PARCELS PROPOSED PARCELS A.P. NUMBERS REFERENCE NUMBER CAASN'PAA.P. RTRULIS 668-441-01 1 A hiTHA.P. 121-171-17 2 S, N JUAN CREEK CHANNEL '¢ ORANGE COUNTY FLOOD coNrROL D/STR/CT R/W � N N I N A/-roB'/939 E N-80/9 39 7E 382.33' R- lac -5 co --- (/3G 46) ��� 27587" L.0r., .3, DANER/ :rp.4cr tPo. LOT R" * 1.C..* -4- R.S. 16 .I.2 �ARCEL 1 %9 �� P�4RCEL 2 L-55.42' 40-� -=(50 ,z„re d=2`b904 4B'47 O'Er c=5� o=/a �'/r 3' ti o V/ADOR 1a5�¢z 3zaa R. R. u—cs'i9�g r g S F. _--- ��� VICLc /r,4?EV0r4A3!E OFFS? ),D?.577?EET A/• 1335 l4 p/ AVO FY/BL/C L/I]C/7YfYJ?F225ES TU C?YOF ✓uav CAaismauo, As A10A1 MAPOF77,)gCTMo/Q564 (OFFE? A-). a /.._/D SCALE: O Ll P STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, declare as follows: That t am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That n compliance with State laws of the State of California and in further compliance with ( ity Resolution No. 98-12-15-1 and on the 20th day of May1 , 1999, I caused to be posted: RESOLUTION NO. 99-5-18-2 , being ff A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRA O, CALIFORNIA, ACCEPTING "OFFER A," A PREVIOUSLY UNACCEPTED EASEMENT DEDICATED AS AN IRREVOCABLE OFFER FOR STREET AND PUBLIC UTILITY PURPOSES SHOWN AS "OFFER A" WITHIN LOT 16 OF TCT MAP 10564, AND ON LOT LINE ADJUSTMENT 84-10564- 105 (ASSESS R PARCEL NO. 668-441-07,32821 CALLE PERFECTO) (UNITED RENTALS/CRNEGIE CONSTRUCTION - CALLE PERFECTO BUSINES i PARK, LLC) in three (3) public pl#es in the City of San Juan Capistrano, to wit: City Hall; Community Center Reception area, Orange County Public Library. CHERYL JOHNSON, OTY CLERK San Juan Capistrano, California