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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 IIIIIi111illll'X111111111111111 illlllilAll; 111111!!Iu0 FEE 20000412366 04 09pm 08107100 110 3 C34 7 0.00 000 0.00 0.00 0 00 0.00 0.00 0.00 Rl�,SCWT100 N0. 00 - 6- 20 5 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 1 Ilml Ilhl Iml Iml Inll VIII iml III III IIIII IN 12.00 20000309605 01:18pm 06113100 115 12 001 3 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 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 " 0 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 '11111 1illlll lll'!Ilill11111 HE 1111111 FEE 20000412366 04:09pm 08(07100 110 3 C34 7 e 00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 RFD If wkh C �'"bbnai Is Satz Juan Capistrano: Preserving the Past to Enhance the Future