City of San Juan Capistrano Agenda Report

Transcription

1 8/15/ City of San Juan Capistrano Agenda Report TO: FROM: Honorable Mayor and Members of the City Council %en Siegel, City Manager SUBMITTED BY: PREPARED BY: Steve May, Public Works and Utilities Director,Lif4A.._ George Alvarez, P.E., City Engineer DATE: August 15, 2017 SUBJECT: Consideration of a Resolution to Vacate a Portion of Right-of-Way for Del Obispo Street at 32151, 32221, and Del Obispo Street RECOMMENDATION: Open the public hearing, receive public testimony, close the public hearing, and 1. Adopt the attached resolution vacating a portion of Del Obispo Street at 32151, 32221, and Del Obispo Street; and, 2. Authorize the City Manager to execute quitclaim deeds and any other documents legally necessary to adjacent property owners for the vacated portion of Del Obispo Street, excepting from the quitclaim deeds all easements and rights required to maintain, operate, replace, remove or renew existing public utilities. EXECUTIVE SUMMARY: Design of the Del Obispo Street Widening Project between Calle Aspero and Paseo De La Paz has been completed, and the Project was advertised for construction on June 29, There are existing roadway easement areas along the west side of Del Obispo Street within the project limits that will not be needed for the roadway widening or for any other present or prospective public use. These easement areas are remnants of the old alignment of Del Obispo Street, originally known as McKinley Avenue. Staff recommends that these unneeded portions of easements be vacated. The location of the subject portion of street right-of-way is generally depicted on Attachment 1. The City Council has adopted a Resolution of Intent (Attachment 2) declaring the City's intent to vacate portions of roadway right-of-way and has set this public hearing date of August 15,2017.

2 City Council Agenda Report August 15, 2017 Page 2 of 4 The excess roadway easement area to be vacated is 0.65 acres along the frontage of 32151, 32221, and Del Obispo Street. The portions of the right-of-way to be vacated would revert to the underlying fee property owners. There are existing public utilities within the area to be vacated, and the final Resolution of Vacation (Attachment 3) will reserve easements for these public utilities. Vacation of a portion of the unneeded easement area is also a condition of an agreement for acquiring additional right-of-way needed for the widening project from one of the adjacent property owners at Del Obispo Street. The final Resolution of Vacation will be contingent on acquiring that additional right of way, and the vacation will not be effective until such right-of-way has been acquired by the City. DISCUSSION/ ANALYSIS: Prior to adoption of a resolution to vacate a portion of right-of-way for Del Obispo Street at 32151, 32221, and 32351, a public hearing must be conducted by the City Council pursuant to Streets and Highways Code Section 8300 et seq. On July 18, 2017, the City Council adopted a Resolution of Intent to vacate the excess portion of right-of-way and set a public hearing date for August 15, 2017, to consider the street vacation. Streets and Highways Code Sections 8322 and 8323 require that, at least two weeks before the date of the public hearing, notice of the public hearing be published in a newspaper selected by the City, and that notices be posted conspicuously along the line of the street to be vacated. Following the City Council adoption of the Resolution of Intent No , a notice of public hearing (Attachment 4) was published, posted, and delivered as required by provisions of the Streets and Highways Code. At the public hearing, the City Council will consider evidence presented by interested persons for and against the proposed vacation. After considering all relevant evidence, the City Council will determine whether the right-of-way is unnecessary for present or prospective public use. Any person may attend the public hearing, make inquiries, or present evidence or testimony regarding the necessity of the right-of-way for public use. The area to be vacated is unnecessary for present or prospective public use by the City, but easements rights are required to be excepted from the vacation to maintain, operate, replace, remove or renew existing public utilities. Pending Council approval, the City will execute a Quitclaim of Easement Deed (Attachment 5) to release the unneeded roadway easements to the adjacent property owners. The proposed street vacation is consistent with the City's Circulation Element of the General Plan. FISCAL IMPACT: The estimated cost to quitclaim the roadway easements is $11,500 to compensate the consultants for preparation of the necessary legal descriptions and maps. The current unencumbered Project budget of $1,323,000 is sufficient to cover these costs. The total Project budget is $1.7 million. Funding for the Project is 50% Measure M2 grant funds and 50% Capistrano Circulation Fee Program funds.

3 City Council Agenda Report August 15, 2017 Page 3 of 4 ENVIRONMENTAL IMPACT: This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(3) of CEQA Guidelines (the activity is not a project as defined in Section of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly). PRIOR CITY COUNCIL REVIEW: On September 16, 2014, the City Council adopted a Resolution authorizing submission of an application for grant funds to the Orange County Transportation Authority in its call for projects for the Del Obispo Street Widening Project. On November 3, 2015, the City Council approved a Professional Services Agreement with CNC Engineering to perform professional engineering services to prepare engineering design, specifications, cost estimates, and environmental documents for the Del Obispo Street Widening Project in an amount not to exceed $191,142, which includes a 10% contingency. On May 23, 2016, at the budget workshop, and at the 75% design phase of the Project, the City Council reviewed the Project and took no action, allowing the project to proceed through completion of design and environmental documentation. On March 21, 2017, the City Council adopted a Resolution approving the Del Obispo Street Widening Project from Calle Aspero to Paseo De La Paz. On March 21, 2017, the City Council adopted a Mitigated Negative Declaration for the Del Obispo Street Widening Project from Calle Aspero to Paseo De La Paz. On June 6, 2017, the City Council approved Amendment No.1 to the Professional Services Agreement with CNC Engineering Inc. and Property Specialists Inc. (CPSI) to increase the compensation amount. On July 18, 2017, the City Council adopted a Resolution of Intent declaring the City's intent to vacate portions of Del Obispo Street right of way at 32151, 32221, and Del Obispo Street, and setting a public hearing date of August 15, 2017, to consider the right of way vacation. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission review.

4 City Council Agenda Report August15,2017 Page 4 of 4 NOTIFICATIONS: Robert L Morey (adjacent property owner) Harry Falklam (adjacent property owner) Ron and Cindy Taylor (adjacent property owner) Dan Almquist (adjacent property owner) May Hout, OCT A ATTACHMENTS: Attachment 1- Excess right-of-way map Attachment 2- Resolution of Intent Attachment 3- Resolution of Vacation Attachment 4- Notice of Public Hearing Attachment 5- Quitclaim Deed

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6 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING CITY'S INTENT TO VACATE EXCESS RIGHT OF WAY LOCATED AT 32151, 32221, AND DEL OBISPO STREET, EXCEPTING AND RESERVING RIGHTS FOR EXISTING PUBLIC UTILITY FACILITIES, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING WHEREAS, the City intends to widen Del Obispo Street on the west side from Calle Aspero to Paseo La Paz, where there is Property west of the roadway right of way ("Property"); and WHEREAS, the Property is no longer needed for highway purposes; and and WHEREAS, the Property is further depicted and described in Exhibit's A and B; u WHEREAS, the City is informed that certain existing public utility facilities, including a gas line operated by Southern California Gas Company, underground conduit, and overhead utility lines for San Diego Gas and Electric, AT&T, Cox Cable, and the City Public Utilities for water and sewer lines ("Facilities"), remain on the Property; and WHEREAS, the City has authority to initiate street vacation proceedings pursuant to Streets and Highways Code section 8300 et seq.; and WHEREAS, Streets and Highways Code section 8324 authorizes the City Council to impose conditions on the vacation of a street or highway, which conditions shall be satisfied before the resolution of vacation is recorded and effective; and WHEREAS, the City intends to initiate the process for vacating the excess right of way for the Property and reserving and excepting from the vacation all easements and rights necessary to maintain, operate, replace, remove, or renew the Facilities, by setting a time and place for a public hearing on the vacation and directing the City Clerk to provide, publish and post all required notices. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. The forgoing recitals are true and correct. L 1 7/18/2017 Attachment 2, Page 1 of 5

7 SECTION 2. The location of the Property subject to vacation is depicted and described in Exhibit's A and 8 attached to this Resolution and incorporated herein, and is summarized as that portion of right of way at 32151, 32221, and Del Obispo Street. SECTION 3. The City Council hereby declares an intention to initiate the process for vacating the excess right of way of the Property, pursuant to Streets and Highways Code section SECTION 4. This Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15060(c) (California Code of Regulations, Title 14, Chapter 3), because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment. SECTION 5. The City Council hereby sets a public hearing on the proposed vacation of the excess right of way for the Property for August 15, 2017, or as soon thereafter as the matter may be heard, at the City Council Chamber, Paseo Adelanto, San Juan Capistrano, California At the conclusion of the public hearing, the City Council shall determine, from all evidence submitted, whether or not the portion of right of way of the Property proposed to be vacated is necessary for present or prospective public use. SECTION 6. The City Clerk is hereby directed to post this Resolution of Intention and publish notices of the public hearing for at least two successive weeks prior to the date set for public hearing, pursuant to the requirements of California Streets and Highways Code section Notices of the proposed vacation shall additionally be posted along the line of the Property proposed to be vacated, pursuant to the requirements of Streets and Highways Code section Attachment: Exhibit A and B - Right-of-way map 2 7/18/2017 Attachment 2, Page 2 of 5

8 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 was duly adopted by the Cit~ Council of the City of San Juan Capistrano at the Regular meeting thereof, held the 18 1 dayr f July 2017, by the following vote: AYES: 'co~ncil MEMBERS: Reeve, Maryott, Farias and Mayor Ferguson NOES: CO NCIL MEMBERS: Patterson ABSEN : C~ NCIL MEMBEf3S: None \ I I ){ l!! /~ / - _/-~ - MARIA MO>RR S, CITY CL E R ~ ) 3 7/18/2017 Attachment 2, Page 3 of 5

9 u P.O.C. EXHIBIT A NE UNE Of LOT 66 N.T.S. LOT6 'J'RAC'l' NO BK 884, PQ 60 ~~... APN '0:,._ ~ «~ l.g.r.s:~ APN P.O.B. L1 LOT 86 TRACT NO. 108 BK 11, PG 88 APN u, C1 C2 C3 LENGTH 2n.16' 49.50' 56.04' CURVE TABLE RADIUS ' ' ' DB.TA 3610'10" 0'55'12. 1'D2'2r UNE TABLE I LENGTH BEARING L ' S35'41'00"W l ' S35'41'00"W LJ ' N27'30'12 E l ' N28'25'23"E l5 2.97' S7817'00"W I N8)30'5D"E ---~----- ro) SHEET f OFf Prepared by: CHC ENGINEERING 2121 Alton Parkway, Suite 200 Irvine, CA Phone (949) ~ ~---No_.-15-~ May~. 2m7 Attachment 2, Page 4 of 5

10 EXHIBIT B (RI) PER OE 0 OF RIGHT OF WAY, RECORDED OCTOBER JO, BK420, PG4JO n I N.T.S. I L1 L2 LJ L4 L5 L6 L7 UNE TABlE CURVE TABLE LENGlH BEARING I L Nant 2.94' NJ2'5D'I9"w C ' ' S58'27'27"W C ' 50.34' S51'23'12"E C ' 30.89' N3811'5S"E 2.33' S82'45'49"E 21.66' N44'23'39"E 8.40' NJ6'49'36"W RADIUS ' ' ' DELTA 1T36'15" 611'44" 8'46'44" LOT B2 TRACf' NO BK 981. PG 4B APN L8 1.57' N38'11'55"E -co 0, I,... co z!a: PORTION OF LO'f, TRACT NO. 818 B1C 14. PG 89 APN SHEET 1 OF 1 Prepared by: CNC ENGINEERING 2121 Alton Parkway. Suite 200 ~-. rs4:f~ Job No. 1~038 May 31, 2017 n Attachment 2, Page 5 of 5

11 RESOLUTION N XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING EXCESS RIGHT OF WAY LOCATED AT 32151, 32221, AND DEL OBISPO STREET, EXCEPTING AND RESERVING EASEMENTS AND RIGHTS FOR EXISTING PUBLIC UTILITY FACILITIES WHEREAS, the City intends to widen Del Obispo Street on the west side from Calle Aspero to Paseo La Paz, where there is Property west of the roadway right-of-way ("Property"); and WHEREAS, the Property is no longer needed for highway purposes; and WHEREAS, the Property is further depicted and described in Exhibits A-1, A-2, B-1, and B-2; and WHEREAS, the City is informed that certain existing public utility facilities, including a gas line operated by Southern California Gas Company, underground conduit, and overhead utility lines for San Diego Gas and Electric, AT&T, Cox Cable, and the City Public Utilities for water and sewer lines ("Facilities"), remain on the Property; and WHEREAS, the City has authority to initiate street vacation proceedings pursuant to Streets and Highways Code section 8300 et seq.; and WHEREAS, Streets and Highways Code section 8324 authorizes the City Council to impose conditions on the vacation of a street or highway, which conditions shall be satisfied before the resolution of vacation is recorded and effective; and WHEREAS, pursuant to California Streets and Highways Code, Division 9 - Change of Grade and Vacation, Part 3 - Public Streets, Highways, and Service Easements Vacation Law (beginning with Section 8300) the City seeks to vacate the excess right-of-way at the Property as described in Exhibit A and depicted in Exhibit B, excepting from the vacation those easements and rights necessary to maintain, operate, replace, remove, or renew the Facilities; and WHEREAS, pursuant to Streets and Highways Code section 8313, this vacation is consistent with the City's Circulation Element of the General Plan because the widened street does not reduce roadway capacity; and WHEREAS, pursuant to Streets and Highways Code section 8320, the City Council scheduled a public hearing for August 15, 2017, at 5:00p.m., at the City Council Chamber, Paseo Adelanto, San Juan Capistrano, California 92675, and gave the public notice and a reasonable opportunity to appear at the hearing and be heard on the matter of the proposed vacation; and Attachment 3, Page 1 of 9

12 WHEREAS, the hearing has been held by the City and the public was afforded the opportunity to be heard on the matter of the proposed vacation; and WHEREAS, at the conclusion of the hearing the City finds that the Property proposed to be vacated is unnecessary for present or prospective public use by the City, but that easements and rights are required to be excepted from the vacation to maintain, operate, replace, remove or renew existing Facilities; and occurred. WHEREAS, all other legal prerequisites to the adoption of this Resolution have NOW, THEREFORE, BE IT RESOLVED, by the City Council ofthe City of San Juan Capistrano as follows: SECTION 1. The forgoing recitals are true and correct. SECTION 2. The City has provided notice of this hearing as required by Streets and Highways Code sections SECTION 3. The City hereby finds that the Property proposed to be vacated is unnecessary for present or prospective use by the City, other than reserving utilities easements and rights, required to maintain, operate, replace, remove or renew existing Facilities. The City Council hereby imposes the following conditions on the vacation of the Property, all of which shall be satisfied prior to recording this Resolution: A. All temporary and permanent land rights required to construct the proposed Del Obispo Street Widening Project shall be signed and notarized by all property owners. B. By this Resolution, reserve easements and rights required to maintain, operate, replace, remove or renew existing Facilities. SECTION 4. The location of the Property subject to vacation is depicted and described in Exhibit's A-1, B-1, A-2, and B-2 attached to this Resolution and incorporated herein, and is summarized as that portion of right-of-way at 32151,32221, and Del Obispo Street. SECTION 5. This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(3) of CEQA Guidelines (the activity is not a project as defined in Section of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly). SECTION 6. The City Council hereby vacates the Property, depicted and described as the area to be relinquished on Exhibit A, in accordance with Chapter 4, Part 3, Division 9 of the Streets and Highways Code, and reserves and excepts the right, from vacation and abandonment, general utility easements, and rights of any public utility pursuant to any existing franchise or renew.als thereof, at any time, or from time to time, to construct, maintain, operate, replace, Attachment 3, Page 2 of 9

13 remove, renew, and enlarge overhead or underground lines of pipe, conduits, cables, wires, poles, and other structures, equipment, and for the transportation of communication signals, and for fixtures for the transportation and distribution of electrical or electronic energy and natural gas, water, sewer, and for incidental purposes including access to protect the property from all hazards in, upon, over, and across the above-described portions of streets to be vacated and abandoned. This vacation shall only occur and become effective after the conditions specified in Section 3 of this Resolution have been satisfied and the City Clerk has recorded this Resolution. SECTION 7. The City Council hereby directs that the City Clerk shall not record this Resolution unless and until the conditions specified in Section 3 of this Resolution have been satisfied. Upon completion or satisfaction of the above conditions, the City Clerk shall cause a certified copy of this Resolution of Vacation, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the Office of the Orange County Recorder. Pursuant to Streets and Highways Code Section 8336, no fee shall be charged for such recordation. The City Clerk shall permanently maintain a true and correct copy of this Resolution. SECTION 8. This Resolution shall become effective upon its adoption. Upon the recordation required hereby, the vacation is complete and the Property no longer constitutes a right-of-way. The Mayor is authorized to execute any and all documents necessary to evidence the vacation of the Property. PASSED, APPROVED, AND ADOPTED this 15 1 h Day of August ATTEST: Kerry K. Ferguson, MAYOR Maria Morris, City Clerk Attachments Exhibit A-1, Legal Description, Segment 1 Exhibit B-1, Excess right-of-way map, Segment 1 Exhibit A-2, Legal Description, Segment 2 Exhibit B-2, Excess right-of-way map, Segment 2 Attachment 3, Page 3 of 9

14 EXHIBIT "A-1 II RIGHT -OF-WAY VA CATION LEGAL DESCRIPTION DeJ Obispo St. (260 Ft to 830 Ft South of Calle Aspero) City of San Juan Capistrano, County of Orange, State of California A PORTION OF LOT 66 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 PAGES 29 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 66 OF SAID TRACT NO 103; THENCE SOUTH '30" EAST ALONG THE NORTHEAST LINE OF SAID LOT 66 A DISTANCE OF FEET; SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DEL OBISPO STREET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 35"41'00" WEST, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG WESTERLY RIGHT-OF-WAY SOUTH 35 41'00" WEST, A DISTANCE OF FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36 10'10", AN ARC LENGTH OF FEET, TO A POINT OF CUSP, SAID POINT BEING NON TANGENT LINE, RADIALLY NORTH 89 30'50" EAST; THENCE LEAVING SAID CURVE NORTH 27 30' 12" EAST. A DISTANCE OF FEET TO A TAN GENT CURVE CONCAVE SOUTHEAST AND HAVING A RADIUS OF 3, FEET; THENCE NORTHEAST ALONG SAID CURVE THROUGH A CENTAL ANGLE OF 00 55'I2", AN ARC LENGTH OF FEET; THENCE NORTH 28 25'23" EAST, A DISTANCE OF FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3, FEET; THEN NORTHEAST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 02'27", AN ARC LENGTH OF FEET, TO A POINT OF CUSP, SAID POINT BEING NON-TANGENT LINE, RADIALLY SOUTH 60 32'10" EAST; THENCE SOUTH 78 17'00" WEST, A DISTANCE OF 2.97 FEET TO THE POINT OF BEGINNING. CONTAINING 18,150 SQ FT (0.42 ACRES), APPROXIMATELY. Attachment 3, Page 4 of 9

15 AND AS SHOWN ON EXHIBIT "8" ATTACHED HERETO AND MADE A PART OF HEREOF. CLEMENT N. CALVILLO, RCE CNC Engineering Job No Checked by: SN ( ) Attachment 3, Page 5 of 9

16 EXHIBIT "B-1" NE LINE OF LOT 66 N.T.S. LOTS TRACT NO BK 884, PG 60 Ss.>.. APN '0 '~s, J'o~.9s ~ APN P.O.B. L1 LOT 66 TRACT NO. 108 BK 11, PG 88 APN CURVE TABLE I LENGTH RADIUS DRTA C ' ' 3610'10" C ' ' 0'55'12" C ' ' 1'02'27" UNE TABLE ' l NGTH BEARING L ' S35'41'00"W L ' S35'41'00"W L ' N27'30'12"E l ' N28'25'23"E l5 2.97' S78'17'oo w APN ' ~~~1.Q'I!~L rd) SHEET 1 OF 1 Prepared by. CNC ENGINEERING 2121 Alton Parkway, Suite 200 Irvine, CA Phone (949) Job No. 15-0JB May 31, 2017

17 EXHIBIT "A-2" RIGHT-OF-WAY VACATION LEGAL DESCRIPTION Del Obispo St. (131 Ft to 427 Ft North of Paseo De La Paz) City of San Juan Capistrano, County of Orange, State of California THAT PORTION OF LOT 7 OF TRACT NO. 318 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14 PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 22 OF TRACT 17713, MAP RECORDED IN BOOK 931 PAGES 36 THROUGH 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 32 50' 19" WEST ALONG THE SOUTHWEST LINE OF SAID LOT 22 A DISTANCE OF 2.94 FEET SAID POINT BEING THE WESTERLY RIGHT -OF-WAY OF DEL OBISPO STREET; THENCE CONTINUING ALONG SAID RJGHT-OF-WA Y SOUTH 58"27'27" WEST A DISTANCE OF FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF FEET; THEN SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17 36'15", AN ARC LNEGTH OF FEET, TO A POINT OF CUSP, SAID POINT BEING A NON-TANGENT LINE, RADIALLY SOUTH 49 08'48" EAST; THENCE LEAVING SAID CURVE SOUTH 51 23'12" EAST, A DISTANCE OF FEET; THENCE NORTH 38 11'55" EAST, A DISTANCE OF FEET; THENCE SOUTH 82 45'49" EAST, A DISTANCE OF 2.33 FEET' THENCE NORTH '55" EAST, A DISTANCE OF 1.57 FEET TO A THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEAST AND HAVING A RADIUS OF FEET; THENCE NORTHEAST ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06 11'44", AN ARC LENGTH OF FEET; THENCE NORTH 44 23'39" EAST, A DISTANCE OF FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEAST AND HAVING A RADIUS OF I, FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08 46'44", AND ARC LENGTH OF FEET TO A POINT ON CUSP, SAID POINT BEING A NON-TANGENT LINE, RADA1ALLY SOUTH 36 49'36" EAST; THENCE NORTH 36 49'36" WEST, A DISTANCE OF 8.40 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF DEL OBISPO STREET PER DEED OF RIGHT OF WAY FOR PUBLIC PURPOSES IN A DOCUMENT RECORDED OCTOBER 15, 1930 IN BOOK 420 AT PAGE 430, OFFICIAL RECORDS OF SAID COUNTY. CONTAINING 9,637 SQ. FT (0.22 ACRES), APPROXIMATELY. Attachment 3, Page 7 of 9

18 AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HEREOF. Q--- CLEMENT N. CALVILLO, RCE CNC Engineering Job No Checked by: SN (05/31 /20 17) Attachment 3, Page 8 of 9

19 EXHIBIT "B-2" (Rl) PER DEED OF RIGHT OF WAY, RECORDED OCTOBER 15, 1930, BK420, PG430 UNE TABLE CURVE TABLE N.T.S. I L1 LENGlH BEARING ' l.englh 2.94' N32'50'19"W Cl ' RADIUS ' DELTA 17'36'15" L ' S58'27'27"W C ' ' 611'44" L ' S51 '23'12"E C ' ' 8'46'44" L4 L5 L6 L ' N3811'55"E 2.33' SB2'45' 49"E 21.66' N44'23'39"E 8.40' N36'49'36"W LOT 22 TRACT NO BK 981, PC 42 APN l8 1.57' N3B'11'55"E PORTION OF LOT7 TRACT NO. 818 BK 14, PC 89 -<.D 0 I I"') r-... <.D z a... <t: APN SHEET 1 OF 1 Prepared by: CNC ENGINEERING 2121 Alton Parkway, Suite 200 Irvine, CA Phone (949) Job No May 31, 2017

20 NOTICE OF PUBLIC HEARING CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN that on August 15, 2017, at 5:00 p.m. or as soon thereafter as the matter can be heard, a public hearing pursuant to Public Streets, Highways and Service Easements Vacation Law (Streets and Highways Code section 8300 et seq.) will be held by the San Juan Capistrano City Council at the City Council Chamber, Paseo Adelanto, San Juan Capistrano, California 92675, for Consideration of Adopting a Resolution of Intent to Vacate Portions of Right of Way for Del Obispo Street at 32151, 32221, and Del Obispo Street At the hearing, the San Juan Capistrano City Council will consider evidence presented by interested persons for and against the proposed vacation. After considering all relevant evidence, the City Council will determine whether the portion of right of way proposed to be vacated is unnecessary for present or prospective public use. Any person may attend the hearing, make inquiries or present evidence or testimony regarding the necessity of the right of way for public use. A map indicating the location of the right of way proposed to be vacated is available for public inspection at the City Clerk's office located at Paseo Adelanto, San Juan Capistrano, CA 92675, during normal business hours. Please note that after the City Council issues its decision, any subsequent legal challenge to such decision may be limited to the issues raised at the public hearing. For further information you may contact George Alvarez at (949) MARIA MORRIS, CITY CLERK Attachment 4, Page 1 of 1

21 RECORDING REQUESTED BY: City of San Juan Capistrano Engineering Department Paseo Adelanto San Juan Capistrano, CA AND WHEN RECORDED MAIL TO : Name Address San Juan Capistrano, CA EXEMPT RECORDING FEES GOVERNMENT CODE SECTION 610J &27383 (SPACE ABOVE) Portion of APN: QUITCLAIM OF EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN JUAN CAPISTRANO, a California municipal corporation, under the laws of the State of California (referred to herein as "CITY"), does hereby remise, release and forever quitclaim to: ' its successors and assigns: A portion of those certain easements recorded in the County of Orange, State of California, in Book 420, Page 430 and Book 9956, Page 296 of Official Records, and more particularly described in the attached Exhibit "A" and depicted in Exhibit "8", and reserves and excepts the right for general utility easements, and rights of any existing public utility pursuant to any existing franchise or renewals thereof, at any time, or from time to time, to construct, maintain, operate, replace, remove, renew, and enlarge existing overhead or underground lines of pipe, conduits, cables, wires, poles, and other structures, equipment, and for the transportation of communication signals, and for fixtures for the transportation and distribution of electrical or electronic energy and natural gas, water, sewer, and for incidental purposes including access to protect the property from all hazards in, upon, over, and across the above-described portions of streets to be vacated and abandoned. All Exhibits attached hereto are incorporated herein by reference. CITY: Ben Siegel, City Manager MAIL TAX STATEMENTSAS DIRECTEDABOVE Attachment 5, Page 1 of 2

22 NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF On, before me, ' a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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. WITNESS my hand and official seal. Signature. (Seal) Attachment 5, Page 2 of 2