City of San Juan Capistrano Agenda Report

Transcription

1 2/2/216 F9 City of San Juan Capistrano Agenda Report TO: FROM : Honorable Mayor and Members of the City Council Thorn Coughran, P.E., nterim Public Works and Utilities Director Prepared by: George Alvarez, P.E., T.E., City Engineer DATE: February 2, 216 SUBJECT: Consideration of Approving a Summary Vacation of Undeveloped Public Right of Way at Rancho Viejo Road (formerly Rosenbaum Road) RECOMMENDATON: By motion, 1. Adopt a Resolution approving a summary vacation of undeveloped Public Right of Way at Rancho Viejo Road (formerly Rosenbaum Road); and 2. Direct the City Clerk to record adopted Resolution. EXECUTVE SUMMARY: On October 18, 1983, the City entered into an agreement (Attachment 7) with Village Center Partnership. The City agreed to vacate a portion of Rosenbaum Road (Attachments 3 and 5) and relinquish its rights to an irrevocable offer of dedication to a portion of Rosenbaum Road (Attachments 4 and 6) in exchange for dedication of right of way for Trabuco Creek Road. Trabuco Creek Road was built with the improvement of Tract in 2. The owner is requesting that the City follow up with the agreed right of way abandonment. DSCUSSON/ANALYSS: Section of the Streets and Highway Code allows a legislative body to summarily vacate a street that has not been used for the purpose for which it was dedicated or acquired for five (5) consecutive years immediately preceding the proposed vacation. The easements subject to this vacation have not been used for public street purposes since the construction and re-alignment of Trabuco Creek Road.

2 City Council Agenda Report February 2, 216 Page 2 of 2 On January 17, 1984, the City Council authorized the exchange of right of way. An irrevocable offer of dedication was received from Village Center ; however, the relinquishment and vacation of unused right of way was not completed by the City. FSCAL MPACT: Not applicable. ENVRONMENTAL MPACT: Not applicable. PROR CTY COUNCL REVEW: On October 18, 1983, the City Council entered into an Agreement with Village Center to exchange right of way for the re-alignment of Trabuco Creek Road. On January 17, 1984, the City Council authorized the relinquishment of un-used right of way for an irrevocable offer of dedication for Trabuco Creek Road. COMMSSON/COMMTTEE/BOARD REVEW AND RECOMMENDAT ONS: This item does not require commission review. NOTFCATON: Not applicable. ATTACHMENT(S): Attachment 1 - Resolution xx Attachment 2 - Location Map Attachment 3 - Exhibit A 1 Attachment 4 - Exhibit B 1 Attachment 5 - Exhibit A2 Attachment 6- Exhibit 82 Attachment 7 -Agreement

3 RECORDNG REQUESTED BY: City of San Juan Capistrano 324 Paseo Adelanto San Juan Capistrano, CA AND WHEN RECORDED, MAL TO: Maria Morris, City Clerk City of San Juan Capistrano 324 Paseo Adelanto San Juan Capistrano, CA Exempt from Recording Fees: Gov Code & 613 City of San Juan Capistrano This Space for Recorder's Use Only SUMMARY VACATON OF UNDEVELOPED PUBLC RGHT OF WAY (12345 RANCHO VEJO ROAD) ATTACHMENT 1

4 RESOLUTON NO XX A RESOLUTON OF THE CTY COUNCL OF THE CTY OF SAN JUAN CAPSTRANO, CALFORNA, SUMMARLY VACATNG A PORTON OF ROSENBAUM ROAD EAST OF RANCHO VEJO ROAD AS EXCESS RGHT OF WAY THAT S NO LONGER NEEDED FOR PUBLC STREET, AND ORDERNG THE VACATON THEREOF AND RESERVNG ALL OTHER PUBLC UTLTY EASEMENTS WHEREAS, pursuant to Streets and Highway Code Sections 83 et seq., the City may summarily vacate a street easement if the street easement is not needed for public street purposes; and, WHEREAS, the City Council of the City of San Juan Capistrano hereby finds and determines that those portions of Rosenbaum Road generally depicted on the maps attached as Exhibit B1 and Exhibit B2 and more particularly described on Exhibit A 1 and Exhibit A2 were acquired for street widening and are of a minor nature, and are not being used for the purpose for which it was dedicated, and is not needed for any prospective public street; and, WHEREAS, the vacation of the street easement will not cut of any access to any persons property which, prior to the adoption of this Resolution, had such access; and, WHEREAS, all existing public utility easements, shall be reserve; and, NOW, THEREFORE, BE T RESOLVED, by the City of San Juan Capistrano as follows: SECTON 1. That the forgoing recitals are true and correct. SECTON 2. That pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code (commencing at Section 833), that portions of Rosenbaum Road generally depicted on the maps attached as Exhibit B1 and Exhibit B2 and more particularly described on Exhibit A 1 and Exhibit A2, are hereby vacated effective upon recordation of this Resolution in the Official Records of the County of Orange, State of California (Official Records). SECTON 3. The City reserves and excepts from such vacation, all existing easements for public utility purposes and any right to maintain, operate, replace, remove, or renew such public facilities, or other public improvements underlying the subject easements. SECTON 4. That the City Clerk is authorized and directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without 1

5 acknowledgement, certificate of acknowledgement, or further proof in the Official Records. PASSED, APPROVED, AND ADOPTED this 2"d day of February 216. ATTEST: PAM PATTERSON, ESQ., MAYOR MARA MORRS, CTY CLERK 2

6 EXHBT FEB. lb, 187 w.o. B-s H.A LEGAL NO.l:361 JRG 'LY. BDRY. OF TRACT NO.,61'2.. SCALE: 1"-4 1 c;..:+... r-- "'+- J ',..., V' r..,"j C{ r " $,- 3' < DC ':J. UJ uj c u u ::J n <{ D!... '3' <{ ot:r- (\1 1 -.; tj) :> ' = " ::::> c;,... L..: <{ d) zo U) () '-' t::l::--=::::;.:::-::::: Ul c. co uj G"''Z <(> z 2i (formerly MARGUERTE PARKWAY) m r-

7 ' EXHBT "B"., FEB. B, l'='b7 w.o. '16-5 HLA LEGAL NO. 1%8 JRG ".::. J ' \.,) G/. v --- ' -..:. al '" Lll al "' '" rj'j " 1- L..: <{ Q(;r" (\1 (fl l'l = :J <{ d) zo ujci ({) '-' -; > ("{'\ \AJ L 8 ci <DO' L_ - FUTURE R/W RANCHO (FORMERLY MARGUERTE PARKWAY)

8 .... EXHBT 11 A 11 LEGAL DESCRPTON OF PORTON OF ROSENBAUM ROAD (1 FEET WDE) N THE CTY OF SAN JUAN CAPSTRANO That certain real property in the City of San Juan Capistrano, County of Orange, State of California, being that portion of Section 25, Township 7 South, Range 8 West, San Bernardino Meridian, according to an Official Plat of said land filed in the District Land Office, described as follows: Beginning at the southwesterly terminius of that certain course shown as 11 N,39 33'58 11 E. 1.' 11 in the boundary of the map filed in Book 91, Pages 47, 48 and 49 of Record of Surveys, records of said County, thence at right angles to said course S.5 26'2"E. 5. feet; thence at right angles to said last mentioned course N.39 33'58"E. 1. feet; thence at right angles to said last mentioned course N.5 26'2 11 W. 5. feet to the northeasterly terminus of said course in said Record of Survey; thence along said last mentioned course S.39 33'58 11 W. 1. feet to the Point of Beginning. As shown on Exhibit ''B 11 attached hereto and by this reference made a part hereof. February 18, 1987 Page 1 of 1 W.O H & A Legal No JRG

9 EXHBT "A" LEGAL DESCRPTON OF PORTON OF RANCHO VEJO (FORMERLY MARGUERTE PARKWAY} N THE CTY OF SAN JUAN CAPSTRANO ROAD That certain real property in the City of San Juan Capistrano, County of Orange, State of California, being that portion of Section 25, Township 7 South, Range 8 West, San Bernardino Meridian, according to an Official Plat of said land filed in the District Land Office, described as follows: Beginning at a point which lies N.5 26'2"W feet from the southeasterly terminus of the course shown as "N.5 26'2''W '" in the southwesterly boundary of the map filed in Book 91, Pages 47, 48 and 4 of Record of Surveys, records of said County, thence along said course and its southeasterly prolongation S.5 26'2"E feet; thence S.39 33'58"W feet; thence N.48 51'"W feet; thence N.l1 11'5"W feet to the Point of Beginning. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. February 18, 1987 Page 1 of 1 W.O H & A Legal No JRG

10 City of SANJUAN CAPSTRANO Street Vacation Location ATTACHMENT 2

11 .. EXHBT 11 A 11 LEGAL DESCRPTON OF PORTON OF ROSENBAUM ROAD (1 FEET WDE) N THE CTY OF SAN JUAN CAPSTRANO That certain real property in the City of San Juan Capistrano, County of Orange, State of California, being that portion of Section 25, Township 7 South, Range 8 West, San Bernardino Meridian, according to an Official Plat of said land filed in the District Land Office, described as follows: Beginning at the southwesterly terminius of that certain course shown as 11 N.39 33'58"E. 1.' 11 in the boundary of the map filed in Book 91, Pages 47, 48 and 49 of Record of Surveys, records of said County, thence at right angles to said course S.5 26'2 11 E, 5. feet; thence at right angles to said last mentioned course N.39 33'58 11 E. 1. feet; thence at right angles to said last mentioned course N.5 26'2"W. 5. feet to the northeasterly terminus of said course in said Record of Survey; thence along said last mentioned course S.39 33'58 11 W. 1. feet to the Point of Beginning. As shown on Exhibit ''B 11 attached hereto and by this reference made a part hereof. February 18, 1987 Page 1 of 1 W.O H & A Legal No JRG ATTACHMENT 3

12 EXHBT FEB. B, \:;)87 w.o. '18-5 H.A LEGAL NO.? JRG..;..-z;... ' (/ \.J 7.,;--" l '::>'LY. BDRY. OF TRACT NO. 181'2. SCALE: 1"=4 1 r S' 6! 3' < n' '" <1: c /"' rj (f\ (' -> 'J :::::. ::2==,"' ::J cd... <r d) L..: Ci zo ujol ({) '-.J,Jj '::J. UJ uj u u :J co <( Cl - '3' L ;;\- \ D. rj) Q uj 6'2 z <DO' l L_ (FORMERLY MARGUERTE PARKWA"<) ATACHMENT 4

13 EXHBT 11 A 11 LEGAL DESCRPTON OF PORTON OF RANCHO VEJO (FORMERLY MARGUERTE PARKWAY) N THE CTY OF SAN JUAN CAPSTRANO ROAD That certain real property in the City of San Juan Capistrano, County of Orange, State of California, being that portion of Section 25, Township 7 South, Range 8 West, San Bernardino Meridian, according to an Official Plat of said land filed in the District Land Office, described as follows: Beginning at a point which lies N.5 26'2"W feet from the southeasterly terminus of the course shown as "N.5 26'2"W '" in the southwesterly boundary of the map filed in Book 91, Pages 47, 48 and 49 of Record of Surveys, records of said County, thence along said course and its southeasterly prolongation S.5 26'2"E feet; thence S.39 33'58 11 W feet; thence N.48 57' 11 W feet; thence N.ll ll'5 11 W feet to the Point of Beginning. As shown on Exhibit 11 8" attached hereto and by this reference made a part hereof. February 18, 1987 Page 1 of 1 W.O H & A Legal No JRG ATTACHMENT 5

14 EXHBT.. B.. _., FEB. B, 1'='87 'N.O. 18-S HLA LEGALNO. %8 JRG S'LY. BDRY. OF TRACT NO. B\'2. SCALE: 1"4 c;' --r \> "- 1 "! m...,, r " - <i! w UJ Cl u Si n',-.j <{ Y:" (\J ( -> 'Jr) :':::. ".2= :::1 ' <( d) L..: zo ujol (/) '-' C 8 d 2 (Y\ vu i /SW' LY. BDRY. _L.. N 5 '2C'2"W OF '3' '59.34' <DO' R. S. w 3' 91/ 41-4-'?.1 z P,O.S. _]_ ".. NSOo2CD'2'1N 1/o G '28.4&'. -"1).17' //, 1, - -FUTURE. CDB.S4'.. 7 Jy N 4-B s 7'"11\J R/W LNE OF RANCHO \(E.JO ROAD RANCHO VEJO ROAD (FORMERLY MARGUERTE PARKWAY) L lij (b U'l z...._(t-.1'?1 '3'5e"E. -;;:r-t ACHMENT L _

15 "City Copy" AGREEMENT TO RELNQUSH RGHTS AND TO OFFER TO DEDCATE REAL ESTATE October THS AGREEMENT, made and entered into this 18th day of 1983, by and between the City of San Juan Capistrano, hereinafter designated as CTY and Village Center, a California General Partnership, hereinafter designated as PARTNERSHP. W T N E S S T H: WHEREAS, PARTNERSHP owns that property described in Exhibit "A'' attached hereto and by this reference incorporated herein; and WHEREAS, PARTNERSHP also owns that property described in Exhibit "B" attached hereto and by this reference incorporated herein and formerly known as Marguerite Parkway (proposed) and hereinafter referred to as Rancho Viejo Road; and WHEREAS, Rancho Viejo Road was irrevocably offered for dedication to CTY on Tract Map No. 7812, recorded in Book 324, Pages 1 through 3 inclusive of Miscellaneous Maps of the County Recorder, County of Orange, and CTY did not accept the offer on said map; and WHEREAS, CTY desires to realign Trabuco Creek Road across PARTNERSHP'S property and CTY does not contemplate using the right of way irrevocably offered on said Tract No. 7812; and WHEREAS, PARTNERSHP is agreeable to granting right of way to CTY for said realignment of Trabuco Creek Road and improvement of Rancho Viejo Road but desires that CTY relinquish its right to said irrevocable offer of Rancho Viejo Road. NOW THEREFORE, it is mutually agreed by and be tween CTY and PARTNERSHP as follows: 1. RELNQUSHMENT OF OFFER OF DEDCATON. CTY agrees to relinquish all of its right, title and interest in and to the existing irrevocable offer of dedication to Rancho Viejo Road. CTY shall promptly take all actions necessary and,appropriate to evidence such relinquishment of Rancho Viejo Road. ATTACHMENT 7

16 DEDCATON OF ULTMATE ALGNMENT OF RANCHO VEJO ROAD n consideration of the relinquishment described in Section 1 above, and the agreement of CTY to abandon Rosenbaum Road as set forth in Section 3 below and other rights-of-way as described in Section 4 below, PARTNERSHP hereby agrees to irrevocably offer to dedicate to CTY by deed the necessary right of way for Trabuco Creek Road substantially as described in Exhibit "C" attached hereto and by this reference incorporated herein. PARTNERSHP further agrees to dedicate any necessary right of way for Rancho Vieio Road as indicated on the CTY'S present Master Plan of Arterial Highways and General Plan. 3. ABANDONMENT OF ROSENBAUM ROAD. CTY hereby agrees at such time as that portion of the PARTNERSHP property which is described in the Dedication Deed is improved and in service as a portion of Trabuco Creek Road, CTY will promptly initiate proceedings to abandon that portion of Rosenbaum Road which is contiguous to PARTNERSHP'S property described in Exhibit "A" or "B". 4. RGHT OF WAY WDTHS. CTY and PARTNERSHP recognize that right of way widths indicated in Exhibit "C" are for the purpose of establishing development standards only. Traffic Engineering analysis and development review may cause minor decreases or increases in such widths, and the dedication of Rancho Viejo Road and Trabuco Creek Road shall reflect such changes. Conversely, CTY shall abandon any right of.way that is now dedicated or has been offered for dedication and found to be in excess of those requirements generated through said traffic engineerinq analysis and develooment review. 5. CLOSNG. The necessary documents to effect the relinquishment, dedication and abandonment as described herein shall all be recorded concurrently by California Land Title nsurance Company, Santa Ana, California ("Cal Land"). The duties of the PARTNERSHP to perform hereunder shall be contingent upon Cal Land being able to issue to PARTNERSHP a title insurance policy with liability limits as determined by PARTNERSHP for Rancho Viejo Road showing fee title in Rancho Viejo Road vested in the PARTNERSHP, with the same being subject only to those exceptions to title acceptable to the PARTNERSHP. The duties of CTY to perform hereunder shall be contingent upon Cal Land being able to issue to CTY a title insurance policy with liability limits not to exceed $ 82,9. for the portion of the PARTNERSHP property described in the Dedication Deed, free of any monetary liens, except non-delinquent property taxes. 6. PRO-RATONS, CLOSNG COSTS. Real property taxes and assessments shall be pro-rated to the date of recordation described under Condition 5 above. PARTNERSHP shall pay all costs incurred in conjunction with recording any resolution, or the City quitclaim any deed, and the Dedication Deed and the cost -2-

17 of the title insurance policies for Rancho Viejo Road and for the property described in the Dedication Deed. 7. TME OF ESSENCE. Time is the essence of this Agreement and the provislons contained herein and each and every provision hereof. 8. ATTORNEYS FEES. Should any dispute arise between the parties hereto or their legal representatives, successors and assigns concerning any provision of this Agreement or the rights and duties of any person in relation thereto, the party prevailing in such dispute shall be entitled, in addition to such other relief that may.be granted, to a reasonable sum as and for their or his or its attorneys fees and legal costs in connection with such dispute. 9. CAPTON HEADNGS. Captions at the beginning of each numbered section or paragraph of this Agreement are solely for the convenience of the parties hereto and shall not be deemed part of the context of this Agreement. 1. NEGOTATED TRANSACTON. The provisions of this Agreement have been negotiated by all of the parties hereto and said Agreements shall be deemed to have been drafted by all such parties. 11. COUNTERPARTS. This Agreement may be executed in counterparts, each of whch shall be deemed to be an original of this Agreement, but such counterparts, when taken together, shall constitute but one agreement. 12. FURTHER ASSURANCES. Each of the parties hereto hereby agrees to execute such further documents or instruments as may be necessary or appropriate to carry out the intention of this Agreement. 13. NOTCES. All notices required to be given under this Agreement shall be in writing and shall be transmitted either by personal hand delivery or through the facilities.of the United States Post Office, postage prepaid, certified or registered mail, return receipt requested. Any such notice shall be effective upon delivery, if hand delivered, and forty -eight (48) hours after dispatch, if mailed in accordance with the above. Notices to the respective parties shall be sent to the following addresses unless written notice of a change of address has been given pursuant hereto: f to the PARTNERSHP: f to the CTY: -3- c/o George M. Lohnes, Jr. City Engineer City of San Juan Capistrano 324 Paseo Adelanto San Juan Capistrano, CA 92675

18 With copy to: James s. Okazaki, Esq. Great American Federal Building Camino Capistrano, Suite A San Juan Capistrano, CA ENTRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter contained in this Agreement, which have not been fully expressed herein. 15. BNDNG EFFECT. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective legal representatives, successors and assigns. 16. UNENFORCEABLE PROVSONS. n the event that any provisions of th s Agreement shall be unenforceable or inoperative as a matter of law, the remaining provisions shall remain in full force and effec. Executed this 18th day of Capistrano. October , at San Juan JUAN CAPSTRANO ATTEST: Partnership California APPROVED AS TO FORM: By LARRY TUCKER General Partner ATTORNEY -4-