00-0807_COOK-ELLIOT, MARY_Resolution200004123661]
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
7h_Wj_1Johns6j Ci Clerk
San Juan CajYistrano, California
0
Recorded in Official Records. County of Orange
Gary Granville, Clerk -Recorder
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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 attached is a true and correct copy of
Resolution No. 00-6-20-5, adopted by the City Council of the City of San Juan Capistrano
on the 5th day of June, 2000.
(SEAL)
Cheryl John , Ci Clerk
San Juan Capistrano, California
DATED: This 11th day of July, 2000
0
RESOLUTION NO. 00-6-20-5
CONSENTING TO AN IRREVOCABLE OFFER AND QUITCLAIM ASSESSOR
PARCEL NUMBER 673-061-09 (MARY COOK-ELLIOTT)_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONSENTING TO AN IRREVOCABLE
OFFER AND QUITCLAIM FROM MARY COOK-ELLIOTT FOR PUBLIC
USE, INGRESS, EGRESS, STREET, UTILITIES AND ACCESS
PURPOSES WITHIN ASSESSORS PARCEL 673-061-09, LOCATED
NORTH OF DEL OBISPO STREET EAST OF PASEO DE LA PAZ
WHEREAS, in order to assist in providing access to a proposed subdivision,
Parcel Map 97-225 (Scalzo), and existing and future residents adjacent and up the road
from the subject parcel, Ms. Mary Cook -Elliott has agreed to irrevocably offer to quitclaim
the existing private road, known as Assessor Parcel Number 673-061-09 to the City for
public use, ingress, egress, street, utilities and access purposes, and has executed an
"Irrevocable Offer and Quitclaim" attached as Exhibit "A;" and,
WHEREAS, the City will consent to said offer in order to allow right-of-way
for construction and maintenance of an improved roadway per the conditions set forth in
a License Agreement between the City of San Juan Capistrano and the Martin and Marion
Scalzo Family Trust, recorded as Document No. 20000356142
with the Orange County Recorder.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby Consent to said Irrevocable Offer, but not accept the
dedication thereof at this time, and directs the City Clerk to forward this Resolution, with
such minor nonsubstantive changes to the form of the Irrevocable Offer and Quitclaim
thereof as maybe agreed to by the City Engineer, to the Orange County Recorder for
recordation
PASSED, APPROVED, AND ADOPTED this 20th day of June, 2000.
ATTEST:
/WA ' 0 / ✓i
CHERYL C�:��
/-COLLENE CAMPBELL, MAYOR
-1-
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. 00-6-20-5, adopted by the City Council of the City of San Juan Capistrano,
California, at a regular meeting thereof held on the 20th day of June, 2000, by the following
vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO&S6N, CITY CLERK
IPA
E
Recording Requested by and
When Recorded Return to:
City of San Juan Capistrano
Attn: City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
0
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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IRREVOCABLE OFFER AND QUITCLAIM
I, the undersigned, hereby irrevocably offer and quitclaim to the CITY OF SAN JUAN
CAPISTRANO for ingress, egress, street, utilities and access purposes all of my right, title
and interest in and to the property which is referred to as Assessor's Parcel Number 673-
061-09 the full legal description of which is attached hereto as Exhibit A and incorporated
by reference. This irrevocable offer and quitclaim is being made to facilitate present and
future access for ingress, egress, street, utility, and access purposes including future parcels
which may be created, to the following neighbors whose properties adjoin the road:(a)
Bailey/Beck - APN 673-061-08, (b) Hartigan - APN 673-061-10, (c) Birtcher - APN 673-
061-05, (d) Scalzo - 121-181-08, (e) Lapworth - 673-061-01. The further purpose of this
quitclaim is to transfer and convey any other rights in my name including easements,
quitclaims, and reversionary rights along the road extending from Del Obispo to Calle
Ricardo to the City of San Juan Capistrano.
In the event that the City of San Juan Capistrano vacates the road in the future or fails to
accept it for its intended use, the fee title to the road and use thereof shall revert to those
neighbors who utilize the road and who have contributed towards the purchase of the
road, who will be listed on an attachment and recorded herewith.
Dated: May _,,�; 2000
/�
XTAif Cook Elliott
STATE OF CALIFORNIA
COUNTY OF ORANGE
On May a5 , 2000, personally appeared Mary Cook Elliott, pepsen*144A�o
-rne (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her signature on the instrument, the person or the
entity upon behalf of which the person acted, executed the instrument. Witness my hand
and official seal.
[Seal] Notary Signature
JANET 1. HODQ
in COMM. # 1147142 >y
w« yPdakahf „ a rn
Q .
ORANGE COUNTY
My Comftab Exp. 711aloI
EXHIBIT A
h "
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EXHIBIT A
APN 673-061-09
That portion of Lot 7 of Tract No. 318 in the City of San Juan Capistrano, County of
Orange, State of California, as shown on a map thereof recorded in Book 14, Page 39,
Miscellaneous Maps, Records of said Orange County described as follows:
Beginning at the intersection of the southeasterly prolongation of the northeasterly line of
said Lot 7 with the centerline of McKinley Avenue, 40.00 feet in width, as shown on said
Map; thence along the northeasterly line of said lot north 38°21'00" west, a distance of
566.64 feet to the true point of beginning:
Thence south 21054'00" west, a distance of 106.14 feet;
Thence south 09051'00" east, a distance of 424.66 feet;
Thence south 43°59'00" east, a distance of 111.48 feet,
to the centerline of McKinley Avenue, thence N 57°39'00" east
along said centerline a distance of 30.63 feet to a point distant
south 57°39'00" west, 254.76 feet from the intersection of the
prolongation of the northeasterly line of said lot and the centerline
of McKinley Avenue.
Thence north 43°59'00" west, a distance of 108.44 feet,
Thence north 09°51'00" west, a distance of 406.92 feet,
Thence north 21°54'00" east, a distance of 80.46 feet;
Thence north 38°21'00" west, a distance of 34.56 feet;
To the true point of beginning;
Containing 18573.52 square feet or 0.4264 acres more or less.
0 0
ATTACHMENT
CONTRIBUTORS
Martin E. and Marion E. Scalzo Trust - 1987
Frederick T. Scalzo
APN 121-181-08
ATTACHMENT: IRREVOCABLE OFFER AND QUITCLAIM, COOK/ELLIOTT
DATED MAY 25,2000
0
•
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano;
That in compliance with State laws of the State of California and in further
compliance with City Resolution No. 98-12-15-1 and on the 22nd day of
June , 2000, 1 caused to be posted:
RESOLUTION NO. 00-6-20-5 , being
CONSENTING TO AN IRREVOCABLE OFFER AND QUITCLAIM ASSESSOR
PARCEL NUMBER 673-061-09 (MARY COOK-ELLIOTT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONSENTING TO AN IRREVOCABLE
OFFER AND QUITCLAIM FROM MARY COOK-ELLIOTT FOR PUBLIC
USE, INGRESS, EGRESS, STREET, UTILITIES AND ACCESS
PURPOSES WITHIN ASSESSORS PARCEL 673-061-09, LOCATED
NORTH OF DEL OBISPO STREET EAST OF PASEO DE LA PAZ
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Community
Center Reception area, Orange County Public Library.
CHERYL JOFMCM, CITY CLERK
San Juan Capistrano, California
•
32400 PASEO ADELANTO
SAN .JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
July 11, 2000
Clerk -Recorder's Office
County of Orange
P. O. Box 238
Santa Ana, California 92701
Gentlemen:
The following document is enclosed for recordation:
Resolution No. 00-6-20-5
When placed of record, please return said document to this office.
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
Please stamp Document Number and date of recording on this letter and return it, as the
conformed copy, to this office in the enclosed, stamped, self-addressed envelope at your
earliest convenience.
Thank you for your cooperation.
Very
yttruly yours,
Cheryl
Cheryl Johns
City Clerk
Enclosure
Recorded in Official Records. County of Orange
Gary Granville, Clerk -Recorder
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Satz Juan Capistrano: Preserving the Past to Enhance the Future