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12-0808_DEACON, WILLIAM & CAROLE_Quitclaim Deed_2012000452861RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Title of Document: q1 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1111111111111111111111111111lllllllllllllllllll1111111111111111l�� 15.00 k$ R 0 0 0 5 0 4 0 5 B 1£ 20120004528618:29 am 08108112 62 417 001 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 This Space for Recorder's Use Only QUITCLAIM DEED UNUSED PUBLIC RIGHT-OF-WAY ADJACENT TO LOT 58, TRACT NO. 8087 The CITY OF SAN JUAN CAPISTRANO, a municipal corporation under the laws of the State of California, does hereby remise, release and forever quitclaim to Mr. William E. and Carole E. Deacon and right, title or interest in the parcel described in the Exhibit "A" and Exhibit "B". Date: i 'Loy/ City of San Juan Capistrano ^r y D n, ti 2 L � 2 N m a c� m 3 rn D z a o cn PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange - ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On July -11, -2012 before me, Maria Morris, City Clerk, personally appeared Mayor Larry (Cramer, who proved to me on the basis of satisfactory evidence to the be person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, 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 PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct. (SEAL) OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Officer title Quitclaim Deed — Unused Public Right -of - Mayor Way, Adjacent to Lot 58, Tract No. 8087 Signers are Representing City of San Juan Capistrano Original U LWA LEGAL DESCRIPTION CALLE MIRAMAR STREET ABANDONMENT CONTIGUOUS TO LOT 58, TRACT NO. 8087 SHEET 1 OF 1 EXHIBIT "A" A STREET ABANDONMENT IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA OVER AND ACROSS A PORTION OF TRACT NO. 8087 AS PER MAP FILED IN BOOK 331, PAGES 27 THROUGH 32, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE - OFFICE -OF -COUNTY- RECORDER -OF -SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 58 OF SAID TRACT NO. 8087, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY OF CALLE MIRAMAR, 50.00 FEET WIDE, AS SHOWN ON SAID MAP; THENCE ALONG SAID RIGHT-OF-WAY LINE, ALSO BEING THE SOUTHERLY LINE SAID LOT 58, SOUTH 64° 20' 08" EAST, 31.07 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 125.00 FEET; THENCE SOUTHEASTERLY 112.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 510 35'45"; THENCE LEAVING SAID RIGHT-OF-WAY LINE, ALONG THE NORTHERLY LINE OF THAT CERTAIN OFFSITE ROAD EASEMENT FOR TRACT 9784 AS DESCRIBED IN THAT CERTAIN EASEMENT DEED RECORDED IN BOOK 13973 PAGES 1746 THROUGH 1749, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY, SOUTH 64° 04' 07" WEST, 131.98 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST, ---HAVING A- RADIUS OF 18.00 FEET; THENCE SOUTHWESTERLY 28.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00"; THENCE CONTINUING ALONG SAID EASEMENT LINE NORTH 250 55'53" WEST, 27.76 FEET; THENCE LEAVING SAID EASEMENT LINE ALONG THE WESTERLY LINE OF SAID LOT 58 PRODUCED, NORTH 250 39'52" EAST, 41.75 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4,407 SQ. FT., MORE OR LESS THE ABOVE DESCRIBED LAND IS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, OF RECORD AND/OR FACT. aQaofEssro,�� DATED THIS 2ND DAY OF APRIL, 2012. ��' 2 RCE 30873 a EXP 3131114 Civi ALAN R. SHORT, R.C. . 30873 F OF crst��° REGISTRATION EXPIRES 3/31/14 M a' � 7) - i14pZ• � \ N a,d's0.02, \� 5� 3 5 I. 46'R o �\ 45'L=11 SCALE: 1"=40' \ 'o,B 27' 1 0 90 8•00' l 00'00' �QaoFEss LEGEND y�r R P Poon / N6,rgo7*E RREC RD NBEARING AN KIPER Em 3�1„4 * QHS M.M. 331%27-32 CIVR (NWOS55'E) 0 R 083973%1746 PER oP GUF ► 25911 Pinewood Lane Laguna Hills, CA 92653 �&Tf (949) 586-5200 /�/���� ALANSHORI9COX.NEf EXHIBIT 99 B 19ALAN R.y-/ "ice/�J� � tj; I RCE 30973 EXP. 3/31/14 1 4/2/12 SHEET 1 OF 1 ZoRo." 'JV7?� 1A 19 Af a' � 7) - i14pZ• � \ N a,d's0.02, \� 5� 3 5 I. 46'R o �\ 45'L=11 SCALE: 1"=40' \ 'o,B 27' 1 0 90 8•00' l 00'00' �QaoFEss LEGEND y�r R P Poon / N6,rgo7*E RREC RD NBEARING AN KIPER Em 3�1„4 * QHS M.M. 331%27-32 CIVR (NWOS55'E) 0 R 083973%1746 PER oP GUF ► 25911 Pinewood Lane Laguna Hills, CA 92653 �&Tf (949) 586-5200 /�/���� ALANSHORI9COX.NEf EXHIBIT 99 B 19ALAN R.y-/ "ice/�J� � tj; I RCE 30973 EXP. 3/31/14 1 4/2/12 SHEET 1 OF 1 URESOLUTION NO. 12-06-19-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONCURRING WITH PLANNING COMMISSION GENERAL PLAN FINDINGS OF CONSISTENCY AND AUTHORIZING STAFF TO QUITCLAIM CITY REMNANT RIGHT-OF-WAY PARCEL TO THE PROPERTY LOCATED AT 33681 CALLE MIRAMAR (APN 675-161-16), LOT NO. 58, TRACT 8087, CONNEMARA SUBDIVISION Whereas, William E. and Carole E. Deacon, property owner of 33681 Calle Miramar notified the City that as a result of selling their property a title search revealed that a remnant City parcel exists adjacent to their property; and Whereas, William E. and Carole E. Deacon assumed the irregularly shaped and sloped parcel was part of their property and had landscaped and maintained such parcel since the late 1980's; and, Whereas, the City has inspected the property, researched records and determined that the original Calle Miramar street location had been altered and the final subdivision map was not amended resulting in the remnant parcel remaining in City ownership; and, Whereas, the remnant parcel is a landscaped slope that is not needed for any public purpose, the City has no use for it and the parcel is not otherwise developable; and, Whereas, the remnant parcel also extends to the adjacent parcel located at 33691 Calle Miramar; and, Whereas, the Planning Commission conducted a duly noticed regular mQeting on May 22, 2012, and directed staff to make such findings of General Plan Consistency for both properties impacted by the remnant parcel; and, Whereas, the Planning Commission conducted a duly noticed regular meeting on June 12, 2012, and adopted a resolution making General Plan Findings of Consistency for the subject property and recommending that the City Council quitclaim the City remnant right-of-way parcel to the adjacent property at 33681 Calle Miramar; and, Whereas, the City Council of the City of San Juan Capistrano conducted a duly noticed regular meeting on June 19, 2012 and considered all public oral and written testimony. U 6-19-2012 r7 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, California does hereby concur with Panning Commission General Plan Findings of Consistency Plan for the City remnant right-of-way parcel and the adjacent property located at 33681 Calle Miramar; and, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano, California does hereby authorizes staff to quitclaim a portion' of the remnant City right-of-way parcel to the adjacent property owner at 33681 Calle Miramar on the basis that the City is eliminating a liability and correcting a final map oversight. PASSED, APPROVED AND ADOPTED this 19th day of June 2012. I LARRY MER, MAYOR ATTEST: 1 i MARIXM RI . CI L K 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. 12-06-19-07 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 19th day of June 2012, by the following vote: AYES: UNCIL MEMBERS: Freese, Reeve, Allevato, Taylor and Mayor Kramer NOES: OUNCIL MEMBER: None ABSE T• 1, OUNCIL MEMBER: None IS, City` faf ;i 2 6-19-2012 6/19/2012 AGENDA REPORT H22 TO: Karen P. Brust, City tv n FROM: Grant Taylor, Developmeeervicesector SUBJECT: Consideration of a Resolution Concurring with the Planning Commission General Plan Findings of Consistency and Quitclaiming a portion of the City Right -of -Way Parcel to the Adjacent Property Owner of 33681 Calle Miramar (APN 675-161-16), Located Approximately 345 Feet North of Camino Las Rambles By motion, 1. Adopt a resolution concurring with the Planning Commission General Plan Findings of Consistency and quitclaim a portion of the remnant City right-of-way parcel; and, 2. Direct the City Clerk to process recording of the Quitclaim. SITUATION: William Deacon who resides at 33681 Calle Miramar has submitted a letter to the City stating he has been maintaining a small remnant of City right-of-way property since the late 1980s (Attachment 3). The subject property is located in the RS -7000 zone district on Lot 58 of Tract No. 8087. Mr. Deacon did not become aware of the City right-of-way parcel and ownership issue until he put his property on the market for sale and a title search revealed the discrepancy in ownership. Staff inspected the property, researched the records and determined that the original Calle Miramar street alignment had been altered when the Connemara Subdivision was approved. However, that portion of the originally -dedicated public street right-of-way, which was no longer needed due to the realignment, was not quitclaimed to the adjoining property owners at that time. The dedication of new right-of-way to accommodate the realignment of Calle Miramar resulted in an irregular shaped parcel remaining in City ownership and crossing the south corner of the Deacon property (Attachment 4). The remnant right-of-way parcel totals approximately 4,407 square feet in area and consists largely of a landscaped slope that is not needed by the City for any public purpose. Because the property was dedicated to the City which has no planned use for the parcel and because the parcel is not otherwise developable, the City may Agenda Report Page 2 June 19, 2012 quitclaim a portion of the parcel to the adjacent property owner. By doing so, the City is eliminating a liability and it would not be a gift of public funds. This was apparently an oversight during adoption of the final Tract Map for Tract No. 8087, the property line has not been altered, and the General Plan and Zoning Designations have not changed since development. The property is developed with a single-family dwelling. In order to transfer public property prior to City Council action the Planning Commission must make a General Plan Finding of Consistency. At the May 22, 2012, Planning Commission Meeting, the Commission noted that the remnant parcel extends to the adjacent property located at 33691 Calle Miramar. It would be appropriate to address General Plan Findings of Consistency for both properties affected by the City remnant parcel. Staff has not been contacted by or notified the property owner of 33691 Calle Miramar but will send a notification. Discussion and Analysis: Quitclaiming the remnant public right-of-way has to be approved by the City Council with a recommendation of General Plan consistency by the Planning Commission. Following are staff determinations on General Plan Consistency for the two subject properties. 1) The Deacon property, the adjacent parcel and the City remnant right-of-way parcel are all designated Medium Low Density on the General Plan Land Use Map. No changes are proposed to the General Plan or zoning designations. 2) The Medium Low Density General Plan Land Use Map designation is consistent with the RS -7000 zone district designation. No alterations are proposed to the properties. 3) Land Use Element Table LU -2 identifies the Medium Low Density designation for a single family dwelling that allows up to 3.5 dwelling units per gross acre. The properties are each developed with a single-family dwelling. 4) Land Use Element 2.2 Medium Low Density residential land use designation provides for the development of medium low density single-family dwellings and accessory buildings. The properties are developed consistent with the General Plan and the remnant slope parcel would be consistent. COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS: The Planning Commission conducted a review on May 22, 2012; and recommended approval of the Quitclaim at its regularly scheduled meeting of June 12, 2012. Agenda Report Page 3 June 19, 2012 FINANCIAL CONSIDERATIONS: Although the irregularly shaped remnant right-of-way parcel on a slope may have minimal value, the property should have been transferred to the adjacent property owner prior to recordation of the final subdivision map. The City has no planned use for the parcel and it is not developable. NOTIFICATION: William and Carole Deacon Wayne Collins By motion, 1. Adopt a resolution concurring with the Planning Commission General Plan Findings of Consistency and quitclaim a portion the remnant City right-of-way parcel; and, 2. Direct the City Clerk to process recording of the Quitclaim. Respectfully prepared and submitted, Grant�4 Development Services Director Attachments 1. Resolution 2. Location Maps (2) 3. Letter from William Deacon 4. Quitclaim Deed 5. Easement Deed 6. Photographs 7. Planning Commission Minutes 5-22-12 8. Planning Commission Resolution 12-06-12-01 RESOLUTION NO. 12 -06 -19 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONCURRING WITH PLANNING COMMISSION GENERAL PLAN FINDINGS OF CONSISTENCY AND AUTHORIZING STAFF TO QUITCLAIM CITY REMNANT RIGHT-OF-WAY PARCEL TO THE PROPERTY LOCATED AT 33681 CALLE MIRAMAR (APN 676-161-16)1 LOT NO. 58, TRACT 8087, CONNEMARA SUBDIVISION Whereas, William E. and Carole E. Deacon, property owner of 33681 Calle Miramar notified the City that as a result of selling their property a title search revealed that a remnant City parcel exists adjacent to their property; and Whereas, William E. and Carole E. Deacon assumed the irregularly shaped and sloped parcel was part of their property and had landscaped and maintained such parcel since the late 1980's; and, Whereas, the City has inspected the property, researched records and determined that the original Calle Miramar street location had been altered and the final subdivision map was not amended resulting in the remnant parcel remaining in City ownership; and, Whereas, the remnant parcel is a landscaped slope that is not needed for any public purpose, the City has no use for it and the parcel is not otherwise developable; and, Whereas, the remnant parcel also extends to the adjacent parcel located at 33691 Calle Miramar; and, Whereas, the Planning Commission conducted a duly noticed regular meeting on May 22, 2012, and directed staff to make such findings of General Plan Consistency for both properties impacted by the remnant parcel; and, Whereas, the Planning Commission conducted a duly noticed regular meeting on June 12, 2012, and adopted a resolution making General Plan Findings of Consistency for the subject property and recommending that the City Council quitclaim the City remnant right-of-way parcel to the adjacent property at 33681 Calle Miramar; and, Whereas, the City Council of the City of San Juan Capistrano conducted a duly noticed regular meeting on June 19, 2012 and considered all public oral and written testimony. ATTACHMENT 1 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, California does hereby concur with Panning Commission General Plan Findings of Consistency Plan for the City remnant right-of-way parcel and the adjacent property located at 33681 Calle Miramar; and, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano, California does hereby authorizes staff to quitclaim a portion of the remnant City right-of-way parcel to the adjacent property owner at 33681 Calle Miramar on the basis that the City is eliminating a liability and correcting a final map oversight. PASSED, APPROVED AND ADOPTED this 19th day of June 2012. ATTEST: MARIA MORRIS, CITY CLERK LARRY KRAMER, MAYOR E ..tom � ff yt.is -�I �f b •i !. :tl � .roNo IIm, Page I of 1 son N CityGIS Copyrlgh 07006 All Rights Reseryed, The Information contained herein Is the proprietary property 0 the cantn ulor suppbed under "me and may W be approred e=ept as licensed by Digital Map Rotlucls, http://maps.digitalmapcen[raLPage 2com/produc[ioc a.p4.l.aspx 5/22/2012 �J To: City of San Juan Capistrano Atten: Sam Shoucair -Director-of f ublic Works Grant Taylor Planning Department Karen Brust City manager My name is William Deacon. I reside at . Calle Miramar with my wife Carole Deacon. This address is Lot 58 Tract No. 8087. Sometime during the development of Connemara Tract in the late 1980"s a realignment of Calle Miramar occurred. This realignment directly affected my property. During the process I was never notified of Public Hearings from the city of San Juan Capistrano. I met a Mr Murphy who agreed to give me a new driveway and re -grade the property. During the process I assumed the property (slope) would be deeded to me as the sprinkler line which the City installed and the maintenance of the slope (old street Calle Miramar) was now a part of my property. To my surprise the City of San Juan Capistrano still owns it. I have been maintaining this slope for over 20 years at roughly ($40 a month for water and $40 a month for Gardner) somewhere around $20,000. I had no intention of maintaining the City's property. I am now asking the City of take over their responsibility of maintaining their property or to rectify this wrong by deeding the slope to me so that I do not have to pursue the City for Reimbursement for the past maintenance. Sincerely, William E Deacon 33681 Calle Miramar ATTACHMENT 3 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27363 & 6103 City of San Juan Capistrano Title of Document: I This Space for Recorder's Use Only QUITCLAIM DEED UNUSED PUBLIC RIGHT-OF-WAY ADJACENT TO LOT 58, TRACT NO. 8087 The CITY OF SAN JUAN CAPISTRANO, a municipal corporation under the laws of the State of California, does hereby remise, release and forever quitclaim to Mr. William E. and Carole E. Deacon and right, title or interest in the parcel described in the Exhibit "A" and Exhibit "B". ATTACHMENT 4 SHEET 1 OF 1 LEGAL DESCRIPTION EXHIBIT "A" CALLE MIRAMAR STREET ABANDONMENT CONTIGUOUS TO LOT 58, TRACT NO. 8087 A STREET ABANDONMENT IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA OVER AND ACROSS A PORTION OF TRACT NO. 8087 AS PER MAP FILED IN BOOK 331, PAGES .27 THROUGH 32, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 58 OF SAID TRACT NO. 8087, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY OF CALLE MIRAMAR, 50.00 FEET WIDE, AS SHOWN ON SAID MAP; THENCE ALONG SAID RIGHT-OF-WAY LINE, .ALSO BEING THE SOUTHERLY LINE SAID LOT 58, SOUTH 640 20' 08" EAST, 31.07 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 125.00 FEET; THENCE SOUTHEASTERLY 112.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 510 3545"; THENCE LEAVING SAID RIGHT-OF-WAY LINE, ALONG THE NORTHERLY LINE OF THAT CERTAIN OFFSITE ROAD EASEMENT FOR TRACT 9784 AS DESCRIBED IN THAT CERTAIN EASEMENT DEED RECORDED IN BOOK 13973 PAGES 1746 THROUGH 1749, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY, SOUTH 640 04' 07" WEST, 131.98 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 18.00 FEET, THENCE SOUTHWESTERLY 28.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00`; THENCE CONTINUING ALONG SAID EASEMENT LINE.NORTH 250 55' 53" WEST, 27.76 FEET; THENCE LEAVING SAID EASEMENT LINE ALONG THE WESTERLY LINE OF SAID LOT 58 PRODUCED, NORTH 250 39' 52" EAST, 41.75 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4,407 SQ. FT., MORE OR LESS THE ABOVE DESCRIBED LAND IS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, .OF RECORD AND/OR FACT. DATED THIS 2"D DAY OF APRIL, 2012. y�v Jy° o RCE 30873 EXP =1114 QVIL ALAN R. SHORT, R.C. .30873 �fgrFOF cntiF°4` REGISTRATION EXPIRES 3/31/14 ATTAnuwRl-..-v- . Ga5� 60. 1j5*,2'46'R=12° �o \ 45'L=112.1• SCALE: 1 °=40' \0 4 °z .27' m RCE 30873 EXP, / LEGEND pjP�pR / N64'o4'0TE RECORD BEARING PEF QES ; . • / TMRMA 330,28032 —� (N64ro3'55'E� RECORD BEARING PER O.R. 13973/1746 1 25911 Pinewood Lane LogunG Nk CA 92653 (949) 566-5200 ALNISNOR OMiNET EXHIBIT "B" 4 0 M , .. Ga5� 60. 1j5*,2'46'R=12° �o \ 45'L=112.1• SCALE: 1 °=40' \0 4 °z .27' m RCE 30873 EXP, / LEGEND pjP�pR / N64'o4'0TE RECORD BEARING PEF QES ; . • / TMRMA 330,28032 —� (N64ro3'55'E� RECORD BEARING PER O.R. 13973/1746 1 25911 Pinewood Lane LogunG Nk CA 92653 (949) 566-5200 ALNISNOR OMiNET EXHIBIT "B" Parcel name: 1 North: -187.2228 East: 180.9267 Line Course: S 25-55-53 E Length: 27.7601 North: -212.1880 East: 193.0660 Curve Length: 28.2743 Radius: 18.0000 Delta: SMO -00 Engent:18.0000 Chord: 25.4558 Course: S 70-55-53 E Course In: N 64-04-07 E Course Out: S 25-55-53 E RP North: 204.3167 East: 209.2538 -End North: -220.5044 East: 217.1251 Line Course: N 64-04-07 E Length: 131.9766 North: A62.7917 East: 335.8140 Curve Length: 12.5646 Radius: 125.0000 Delta: 51-35-45 Agent: 60.4218 Chord: 108.7996 Course: S 89-51-59 W Course In: N 25-55-53 W Course Out: S 25-39-52 W RP North: -50.3769 East: 281.1522 End North: -163.0452 East: 227.0147 Line Course: N 6420-08 W Length: 31.0700 North: -149.5888 East: 199.0099 Line Course: S 25-39-52 W Length: 41.7531 North: -187.2228 East :180.9267 Perimeter: 373.3988 Area: 4,407 Sq Ft 0.10Ac. Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: N 48-32-26 W Error North: 0.00002 East: -0.00003 Precision 1:373,398,700.0000 • .�: , 10603 • C5 Rceorded at the request of, sadratornto: City ClerkIs Dept. QTY OF SAN JUAN CAPMRANO 32400 Paten Adelante San Juan Captttrano, California 92675 REOOROfA w 0"C" IRM Oi ORANGE WLVW'eMW6W" 5om20ANWAR91�1 OF A. WANM ft*2sew/ar MEMO PMjcct No. Project: Parcel No. U Q'2 BK 13973pe 1746 Documentary Transfer Tax - No Tax Due ary AnV.KonoVer. C t�l� City of San Juan Capistrano, CA EA88AAENT DEED FOR A VALUABLE CONSIDERATION, receipt of which b hereby schamAedged. do hereby GRANT to the QTY OF SAN JUAN CAPISTRANO. a papetud easement and right of way for street and highway purposes in. an and erer the real property In the City *(San Juan Capistrano, county of Onmp. State of Cdlfefaia, daaOwd at OP8 M ROAD SASMINT FOR TRACT 9784 V An easement for street purposes over those portions of Lot C and Calle Miremar (50.00 feet wide) as shown an a Wrap of Tract iso. 8087 in the City of San Just Capistrano, County of Orange, State of California, filed in Book 331, Pages 27 through 32 inclusive of Miscellaneous Maps in the office of the Orange County Recorder, described as follawar Beginning at the intersection of the westerly boundary of said tract No. 8087 with the southerly line of Calle Hirwars thence along said westerly boundary North 2SO391400 Bast, 50.00 feet to the northerly line of said Calla Miramars thence along said northerly line, South 54020120" Bast# 0.40 fast to the beginning of a tangent curve concave southwesterly and having a radius of 175.00 foots thence leaving said northerly line, southeasterly along said curve through a central angle of 38024015" an arc distance of 117.30 feetr thence tangent to said curve South 25056405" East, 34.03 feet to the beginning of a tangent curve concave northerly and having a radius of 18.00 feats thence easterly along said curve through a central angle Of 90000000" an aro distance of 28.27 feet# thence tangent to said curve Borth 64003.33" Beat, 131.97 feet to a point, on a curve concave ATTACHMENT 6 U BK 1397: Ps 1747. . . westerly and having a radius of 125.00 feet, a radial line to said Point bears South 250561OS" Bast, said point also being a point on the westerly line Of said Calle Miramarl thence South 25056105" Bast= SO -00 feet to a point on the easterly line of said Calle Miramarf thence South 64003035" Kest, 131.97 feet to the beginning of a tangent curve concave southeasterly and having a radius of 371.05 feett thence southweaterly along said curve through a central angle of 6039118" an are distance of 43.10 feet to the beginning of a reverse curve concave northwesterly and having a radius of 371.05 feet, thence southwesterly along said curve through a central angle of 60391118" an arc distance of 43.10 festl thence tangent to said curve South 64003055" Kest, 14.19 feet to the southerly line of said Lot Cs thence along said southerly line, North 89036121" West, 132.24 feet to a point on a curve concave southeasterly and having a radius of 280.00 feet, a radial line to said point bears north 31033140" Kest: thence northeasterly along said curve through a central angle of S037135" an arc distance of 27.50 feetr thence tangent to said curve North 64003956" Bast, 108.26 feet to the beginning of a tangent curve concave westerly and having a radius of 15.00 feet/ thence northerly along said curve through a central angle of 90000900" an are distance of 23.56 feetl thence tangent to said curve north 25056.05" West, 32.03 feet to the beginning of a tangent curve concave south— westerly and having a radius of 125.00 feetl thence northwesterly along said'curve through a central angle of 38024115" an are distance of 83.79 feett thence tangent to said curve North 64020120" Kest, 0.40 feet to the point of beginning. MBRBDITM CANYON COMM[1 M ASSOCiMON STATEOFGUMNIA �� COUR"OF Orange carob 10th ayof RecgMhgX .l9�..6ar nx.e sabttSlaad, a NOUN kMk is cad for taw cowry and !pato. puma* app*aW JOhn`�Con��i _ ww+ntletaembaea MtIM-—.Ihd6eat. wwaat b aye M a IIK smury of ae =mambo Ow oaa m" *I VMM latttomm. ace www to eaa io w roc oenaaa "uo alerted eke .rttltb pglttuaeat "a teau or It+e eo�paailleo ux,an Y 1 my, nd rasne"Imp to ar em t«A mgm6tlar aua«ad tlar wsa, pveamit alnfrr,,a r,etal" I W pa tiottd of 1'aeewta e1f1011rLtrflL wriltwss a+r tw�d aro otlidtl tul. I� M E RFJIFL f �� IRro�ol►t�rtc>e!� Nikki B. Reaves « us lull as to �lkttf taq MpfiM U • MY OF SRN JUAN CAPISTMO BK 13973Ps 1749 Office of the City Clark 32400 Paseo AdeZento San Juan Capistrano, California STATS OF CALIFORNIA ) ,COMITY OFF ORANGE CITY OF SAN JM CAPISTRANO ) This is to certify that the interest in real property conveyed by the Itype cz coca- location and purpose (Offsite Road Basement for Tract 9784, Lot C and Calle Miramar) dated December 10, 1980 from Meredith Canyoa COaeaunity Association to the CITY OF SAN JUAN CRPISTRANO, a political corporation and/or governmental agency is hereby accepted by order of the City Council on December 10, 1980 and the grantee consOnte to recordation thereof by its duly authorised officer. MEW Fobruary 26, 1981 (SUL) HM ANN AWANOWRe y .CLOrK City of Sain Juan Capistrano, California F ' o a.-4 a at f yy4 y HM ANN AWANOWRe y .CLOrK City of Sain Juan Capistrano, California W, U 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAx www.sanjuancapistrano.org A. CALL TO ORDER PLANNING COMMISSION MEETING MINUTES Tuesday, May 22, 2012 Chairman Williams called the meeting to order at 6:30 p.m. B. PLEDGE Chairman Williams led the Pledge of Allegiance. C. ROLL CALL: Commissioners Present: Rob Williams, Chairman Jeff Parkhurst, Vice-chairman Sheldon Cohen Ginny Kerr Tim Neely Gene Ratcliffe Commissioners Absent: Roy Nunn Staff Present: William Ramsey, AICP, Assistant Director Tram Tran, Deputy City Attorney D. ORAL COMMUNICATIONS: None E. CONSENT CALENDAR MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR 1. Minutes of May 8. 2012: By motion duly -made and seconded, the Commission approved the subject minutes as submitted by a 4-0-2 vote (Ginny Kerr and Gene Ratcliffe abstaining). 2: --FINAL-PC RESOLUTION NO. -12-05=08-02. CONDITIONAL USE PERMIT (CUP) 12-004. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DENYING MODIFICATIONS TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT FOR "EDUCATIONAL USE" to PERMIT OUTDOOR RECREATIONAL FACILITIES USE ON AN Page 1 ATTACHMENT 7 San Juan Capistrano `o Enhance the Fi Alk '- PC Meeting Minutes 2 May 22, 2012 EXISTING 1.04 ACRE FIELD FACILITY LOCATED AT 34000 VIA DE AGUA (ASSESSORS PARCEL NUMBER: 675-034-05) (TRETTE TRAINING CAMP). (Applicant: David A. Kaech) (Project Manager: Laura Stokes, Housing/Redevelopment Coordinator). Adoption of Resolution Commissioner Cohen made a motion, seconded by Commissioner Parkhurst to approve the final resolution denying the project based on findings in the resolution and the motion passed by a 4-0-2 vote (Ginny Kerr and Gene Ratcliffe abstaining). F. PUBLIC HEARINGS: None. G. UNFINISHED BUSINESS: None. H. NEW BUSINESS: 1. Consideration of a General Plan Findings of Consistency for Property located at 33681 Calle Miramar, generally located 345 feet north of Camino Las Ramblas (APN: 675-16-116)(Project Manager: Grant Taylor, Development Services Director)(Applicant: William Deacon). Adoption of Motion Chairman William made a motion, seconded by Commissioner Cohen to continue consideration of the project to the June 12, 2012 meeting to allow the property at 33691 Calle Miramar to be included in the General Plan conformity finding and the motion passed by a 6-0 vote. I. STAFF & COMMISSION COMMENTS Staff briefed the Planning Commission on recent City Council actions and upcoming development projects scheduled for future Commission review. J. ADJOURNMENT There being no further business before the Commission, Chairman Williams adjourned at 6:47 p.m. to the next regularly scheduled meeting for Tuesday, June 12, 2012, at 6:30 p.m. in the Council Chambers. Respectfully submitted, Planning Commission Secretary Page 2 PC RESOLUTION NO. 12-06-12-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO MAKING GENERAL PLAN FINDINGS OF CONSISTENCY FOR PROPERTIES LOCATED AT 33681 AND 33691 CALLE MIRAMAR AND ADJACENT CITY OWNED REMNANT PARCEL IN TRACT 8087, CONNEMARA SUBDIVISION Whereas, William Deacon property owner of 33681 Calle Miramar notified the City that as a result of selling his property a title search revealed that a remnant City parcel exists adjacent to his property; and Whereas, Mr. Deacon assumed the irregular shaped and sloped parcel was part of his property and had landscaped and maintained such parcel since the late 1980's; and, Whereas, the City has inspected the property, researched records and determined that the original Calle Miramar street location had been altered and the final subdivision map was not amended resulting in the remnant parcel remaining in City ownership; and, Whereas, the remnant parcel is a landscaped slope that is not needed for any public purpose, the City has no use for it and the parcel is not otherwise developable; and, Whereas, the remnant parcel also extends to the adjacent parcel located at 33691 Calle Miramar and such findings of General Plan Consistency shall be made for both properties impacted by the remnant parcel; and Whereas, the Planning Commission conducted a duly noticed meeting on May 22, 2012 and continued the item to the next regular meeting; and Whereas, the Planning Commission conducted a duly noticed meeting on June 12, 2012 and considered all public oral and written communication. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby makes findings of consistency with the General Plan pursuant to Municipal Code Section 9-2.101 for both the City remnant parcel and the properties located at 33681 Calle Miramar and 33691 Calle Miramar and recommends that the City Council approve quitclaim of the remnant City parcel to the adjacent property -owner at 33681 Calle Miramar. Page 1 ATTACHMENT 8 PC Resolution 12-06-12-x 2 June 12, 2012 PASSED, APPROVED AND ADOPTED this 121h day of June, 2012, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Robert Williams, Chair William Ramsey, AICP Assistant Development Services Director Page 2 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 4931171 (949) 4931053 FAX www.sanjuancapistrano.org MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR NOTIFICATION OF MEETING OF POTENTIAL INTEREST, OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, June 19; 2012, in the City Council Chamber in City Hall, to consider: "Consideration of a Resolution Concurring with the Planning Commission General Plan Findings of Consistency and Quitclaiming a portion of the City Right -of -Way Parcel to the Adjacent Property Owner of 33681 Calle Miramar (APN 675-161-16), Located Approximately 345 Feet North of Camino Las Ramblas" — Item No. H22. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 18, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Grant Taylor, Development Services Director. You may contact that staff member at (949) 234-4410 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk _sanivancapistrano.org. Maria Morris, CMC City Clerk cc: William and Carole Deacon; Wayne Collins San Juan Capistrano: Preserving the Past to Enhance the Future Christy Jakl From: Christy Jakl Sent: Friday, June 22, 2012 4:10 PM To: Grant Taylor Subject: Comenara and Assembly Uses Attachments: 12-06-19-07.pdf; O 995.pdf Hello, For your records, attached is the executed resolution for Comenara and the ordinance for Assembly Uses. Thanks! Christi Jaki Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 ( (949)493-1053 fax U 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx ►vww.sanjuancapistrano.org July 11, 2012 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Document for Recording — Quitclaim Deed The noted documents are enclosed for recording: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR • Quitclaim Deed Unused Public Right -of -Way Adjacent to Lot 58, Tract No. 8087 (Deacon) with Check Number 3013410 for $15.00 When placed of record, please return the recorded documents to this office. Thank you for your assistance. d st egar s, C risty Jakl Deputy City Clerk San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed an 100% recydad paper RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Title of Document: WR This Space for Recorder's Use Only QUITCLAIM DEED UNUSED PUBLIC RIGHT-OF-WAY ADJACENT TO LOT 58, TRACT NO. 8087 The CITY OF SAN JUAN CAPISTRANO, a municipal corporation under the laws of the State of California, does hereby remise, release and forever quitclaim to Mr. William E. and Carole E. Deacon and right, title or interest in the parcel described in the Exhibit "A" and Exhibit "B". Date: T� �� ,�� City of San Juan Capistrano tl/ PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On July 11, 2412, before me, Maria Morris, City Clerk, personally appeared Manor Larry Kramer, who proved to me on the basis of satisfactory evidence to the be persons) 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, 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Officer title Mayor Signers are Representing City of San Juan Capistrano Original Maria and official seal. City C1 OPTIONAL Description of Attached Document Title or Type of Document Quitclaim Deed — Unused Public Right -of - Way, Adjacent to Lot 58, Tract No. 8087 U SHEET 1 OF 1 LEGAL DESCRIPTION EXHIBIT W CALLE MIRAMAR STREET ABANDONMENT CONTIGUOUS TO LOT 58, TRACT NO. 8087 A STREET ABANDONMENT IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA OVER AND ACROSS A PORTION OF TRACT NO. 8087 AS PER MAP FILED IN BOOK 331, PAGES 27 THROUGH 32, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 58 OF SAID TRACT NO. 8087, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY OF CALLE MIRAMAR, 50.00 FEET WIDE, AS SHOWN ON SAID MAP; THENCE ALONG SAID RIGHT-OF-WAY LINE, ALSO BEING THE SOUTHERLY LINE SAID LOT 58, SOUTH 640 20' 08" EAST, 31.07 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 125.00 FEET; THENCE SOUTHEASTERLY 112.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 510 35'45"; THENCE LEAVING SAID RIGHT-OF-WAY LINE, ALONG THE NORTHERLY LINE OF THAT CERTAIN OFFSITE ROAD EASEMENT FOR TRACT 9784 AS DESCRIBED IN THAT CERTAIN EASEMENT DEED RECORDED IN BOOK 13973 PAGES 1746 THROUGH 1749, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY, SOUTH 640 04' 07" WEST, 131.98 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 18.00 FEET; THENCE SOUTHWESTERLY 28.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00'; THENCE CONTINUING ALONG SAID EASEMENT LINE NORTH 250 55'53" WEST, 27.76 FEET; THENCE LEAVING SAID EASEMENT LINE ALONG THE WESTERLY LINE OF SAID LOT 58 PRODUCED, NORTH 25° 39' 52" EAST, 41.75 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4,407 SQ. FT., MORE OR LESS THE ABOVE DESCRIBED LAND IS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, OF RECORD AND/OR FACT. R Syo `Fti\ DATED THIS 2ND DAY OF APRIL, 2012. RCE 30873 EXP 3139114 sr CIVIL ALAN R. SHORT, R.C. . 30873 �lFOF CAL�F� REGISTRATION EXPIRES 3/31/14 L7 L7 v •'gyp i SCALE: 1"=40 \ �o \\ das'.35 4546 i9y1 000 - W Na N6f(W07"E RECORDRp�BEARING PER M.M. 387 31/27-32 (N6403'55'E) RECORD BEgRING PER �0F GUE�� O.R. 13973/1746 ► 25 Pinewood Lane Lagunan Hills, CA 92653 �&Vf (949) 566-5206 AIANSHOR WX NE! ALAN R. s oRr, P. EXHIBIT "B" RCE 30873 EXP, 3/31/14 4/2/12 SHEET 1 OF 1 VENDOR NO. ORAO 5 41HECK DATE 07/26/2012 CK.No. 301341n INVOICE NO. INVOICE DATE DESCRIPTION INVOICE AMOUNT DISCOUNT NET AMOUNT APN 675-161-16 06/28/12 QUICK CLAIM DEED R 15.00 0.00 15.00 COUNTY OF ORANGE CLERK -RECORDER 15.00 0.00 15.00 PAY -TO THE ORDER OF City of Son Juan Capistrano 32400 PASEO ADOLANTO SAN JUAN CAPISTRANO, CALIFORNIA 920764603 trn as FIFTEEN E 07 1'3 AZ' 012 *1 1 S AND 0 POJ�,4,Al .0� -CENTS �1 UNION BANK OF CALIFORNIA 164911220 San Juuncaplstram ...CHECK DA' OIBCo CHECK NO. AMOUNT S AND 0 POJ�,4,Al .0� -CENTS �1 UNION BANK OF CALIFORNIA 164911220 San Juuncaplstram ...CHECK DA' OIBCo CHECK NO. AMOUNT 3013410' *******+15.00 COUNTY..OF ORANGt::CLERK-RECORDER LI SECURITY FEATURES INCLUDED, DETAILS ON SACK • MINIM. 11803013410112 1:1220001,961: 04520003911O CITY OF SAN JUAN CAPISTRANO 7/16/2012 CITY CLERKS OFFICE 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Dear SIR/ MADAM: When the enclosed original documentation was presented for recording, some information in one or more areas was incomplete or not clear. Because of this, we are unable to record the submitted document(s) as is. We are returning your unrecorded document(s) along with your remittance. Please refer to the item checked below to correct the information needed to record the document(s). ® Other: THE TOTAL FEE NEDED TO RECORD THE DOCUMENT AS PRESENTED IS $ 15.00. If you wish to have the document(s) recorded, you will need to make the changes indicated above and re -submit the document(s) along with the corresponding fee to: Tom Daly Orange County Clerk -Recorder U TOM DALY CLERK -RECORDER P.O. Box 238 - ORANGE COUNTY MALL RECORDS AND FINANCE Santa Ana, CA 92702-0238 12 CIVIC CENTER PLAZA, ROOM 10101 , P.O. 238, SANTA ANA, CALIFORNIA 92702-0238 PHONE 17141 500 834-2675 W W W.00RECORDER.COM .00RE00 RD .CO CITY OF SAN JUAN CAPISTRANO 7/16/2012 CITY CLERKS OFFICE 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Dear SIR/ MADAM: When the enclosed original documentation was presented for recording, some information in one or more areas was incomplete or not clear. Because of this, we are unable to record the submitted document(s) as is. We are returning your unrecorded document(s) along with your remittance. Please refer to the item checked below to correct the information needed to record the document(s). ® Other: THE TOTAL FEE NEDED TO RECORD THE DOCUMENT AS PRESENTED IS $ 15.00. If you wish to have the document(s) recorded, you will need to make the changes indicated above and re -submit the document(s) along with the corresponding fee to: Tom Daly Orange County Clerk -Recorder P.O. Box 238 - Santa Ana, CA 92702-0238 N `� Thank you for your cooperation and we look forward to serving you. z � c n c 71 Sincerely, z s ^' CD n n n rn o m v rn N� 3 rn D N z EZ SAVOSH o w Orange County Clerk -Recorder Department Enclosure Document(s) Returned: QUITCLAIM DEED Remittance: Total Amount Returned: 000 Check Number(s): 000 U 32400 PASEO AOELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493.1171 (949) 493.1053 FAX u�1vtl:.cup juarlrnprrtru�to.ag July 11, 2012 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Document for Recording — Quitclaim Deed The noted documents are enclosed for recording: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURAFREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR • Quitclaim Deed Unused Public Right -of -Way Adjacent to Lot 58, Tract No. 8087 (Deacon) When placed of record, please return the recorded documents to this office. Thank you for your assistance. Kindest Reg rds, Christy Jakl Deputy City Clerk we San Juan Cahistrrano: PI-ving the Past to E11hcuice the 1�iaw-e 4C PFWQ4 en 100% rMC16d paper M RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Title of Document: 1 This Space for Recorder's Use Only QUITCLAIM DEED UNUSED PUBLIC RIGHT-OF-WAY ADJACENT TO LOT 58, TRACT NO. 8087 The CITY OF SAN JUAN CAPISTRANO, a municipal corporation under the laws of the State of California, does hereby remise, release and forever quitclaim to Mr. William E. and Carole E. Deacon and right, title or interest in the parcel described in the Exhibit "A" and Exhibit "B". Date: City of San Juan Capistrano PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On July 11, 2012, before me, Maria Morris, City Clerk, personally appeared Mayor Larry Kramer, who proved to me on the basis of satisfactory evidence to the be persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Officer title Mayor Signers are Representing City of San Juan Capistrano Original WITN0Sxrbband and official seal. Maria orris, City C1 OPTIONAL Description of Attached Document Title or Type of Document Quitclaim Deed — Unused Public Right -of - Way, Adjacent to Lot 58, Tract No. 8087 U SHEET 1 OF 1 LEGAL DESCRIPTION EXHIBIT' A" CALLE MIRAMAR STREET ABANDONMENT CONTIGUOUS TO LOT 58, TRACT NO. 8087 A STREET ABANDONMENT IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA OVER AND ACROSS A PORTION OF TRACT NO. 8087 AS PER MAP FILED IN BOOK 331, PAGES 27 THROUGH 32, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 58 OF SAID TRACT NO. 8087, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY OF CALLE MIRAMAR, 50.00 FEET WIDE, AS SHOWN ON SAID MAP; THENCE ALONG SAID RIGHT-OF-WAY LINE, ALSO BEING THE SOUTHERLY LINE SAID LOT 58, SOUTH 640 20' 08" EAST, 31.07 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 125.00 FEET; THENCE SOUTHEASTERLY 112.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 510 35' 451; THENCE LEAVING SAID RIGHT-OF-WAY LINE, ALONG THE NORTHERLY LINE OF THAT CERTAIN OFFSITE ROAD EASEMENT FOR TRACT 9784 AS DESCRIBED IN THAT CERTAIN EASEMENT DEED RECORDED IN BOOK 13973 PAGES 1746 THROUGH 1749, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY, SOUTH 640 04' 07" WEST, 131.98 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 18.00 FEET; THENCE SOUTHWESTERLY 28.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00"; THENCE CONTINUING ALONG SAID EASEMENT LINE NORTH 25' 55' 53" WEST, 27.76 FEET; THENCE LEAVING SAID EASEMENT LINE ALONG THE WESTERLY LINE OF SAID LOT 58 PRODUCED, NORTH 250 39' 52" EAST, 41.75 FEET TO THE POINT OF BEGINNING. CONTAINS AN AREA OF 4,407 SQ. FT., MORE OR LESS THE ABOVE DESCRIBED LAND IS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ANY AND ALL EASEMENTS OR AGREEMENTS, IF ANY, OF RECORD AND/0R FACT.-� DATED THIS 2ND DAY OF APRIL, 2012. y ems'1 RCE 30873 EXP. 3131114 'f'!' CP41L ALAN R. SHORT, R.C. . 30873 �TFCF CAI.�F� REGISTRATION EXPIRES 3/31114 T do T MRS zT/z/fi 4.zii9ie •dx3 EL80C 338 64 u cc LU E11=113 1NONSNVIV 1121 •3'd '180RS 'NVlV V3 OOZ9-995 (646) £S9Z6 Z6 V3 'sll!H oun6oI euol poOMeu!d 1169Z d AfA&V 94u/U6ct •8•0 / p���j 1W8p �b dad ONI 8 02100321 (3.99,£o.49N) / <r -dX3 AL Ed 9N0302 8 080038 3,[0,40.49N ON3031 /ass3ao�a to i / ,00,0p a ,00 8�0& Oti=„l 3lt/OS 444N 9'Zl1=7,944o `£�,�.DO'9Z1=i1.94.ZOsp9��a�� p H y Rd a 19 `� tf Hwy N \�'z�oo•�= to .�” . •`,;.• � ti :. ,. ii i. MA Christy Jakl From: Christy Jakl Sent: Monday, June 25, 201212:12 PM To: Grant Taylor Cc: Ayako Rauterkus Subject: 33681 Calle Miramar Quitclaim Hi Grant, Please forward the 33681 Calle Miramar Quitclaim to our office for the Mayor's signature and recording. Thank you! Christ? Jaki Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax