RESOLUTION NO. 23-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE CROSSING AGREEMENT AND ACCEPTANCE OF THE UTILITY AND PEDESTRIAN EASEMENTS, AND AUTHORIZING THE CITY MANAGER AND/OR PUBLIC WORKS DIRECTOR/CITY ENGINEER TO EXECUTE THE UTILITY EASEMENT QUITCLAIM AND OTHER SUCH DOCUMENTS AS ARE NECESSARY AND PROPER TO COMPLETE THE PROJECT WHEREAS, the Shorecliffs Golf Course was built in the 1960’s and designed a course layout that included the need for golf course clients and workers to utilize both at-grade and below-grade crossing to traverse the golf course; and WHEREAS, a majority of these crossings are within the City of San Clemente’s public street easement right of way; and WHEREAS, no encroachment permits or agreements were found to have held the City harmless for the golf course’s use of these crossing; and WHEREAS, on March 6, 2019, the Shorecliffs Golf Course and developer, Greystar, were approved by Planning Commission Resolution 19-006 to construct a 150-unit senior apartment building and new golf course club house subject to conditions; and WHEREAS, Resolution 19-006 included Condition of Approval 3.25 that required a hold harmless agreement to be executed between the property owner and the City for use of the public street easement right of way; and WHEREAS, Resolution 19-006 also included Conditions of Approval 3.10 and 3.24 that required the dedication of Public Sidewalk and Pedestrian Access Easement for ADA compliance along the public street frontage on Avenida Vaquero and easements for public sewer and water mains; and WHEREAS, other documents such as a utility line easement quitclaim are necessary to be executed and recorded to accomplish the purposes of this resolution.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
Section 1. The information contained herein is true and correct and incorporated herein.
Section 2: City Council approves the Crossing Agreement and authorizes the City Manager to execute the same in a form substantially similar to that presented to the City Council on December 5, 2023.
Section 3. The City Council approves the utility and pedestrian access easements in connection with the project, and authorizes the City Manager and/or Public Works Director/City Engineer to execute the necessary documents to accept and record the easements in a form acceptable to the City Attorney.
Section 4. The City Council authorizes the City Manager and/or Public Works Director/City Engineer to execute a utility easement quitclaim in reference to the utilities that are being replaced, as well as to take such other and further actions and execute such other documents as are necessary and proper to accomplish the purposes of this resolution and implement the conditions of approval for this project.
Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this ______ day of December, 2023.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-151 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of December, 2023. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 23-151 Page 3
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