Loading...
03.37 Refusal of Irrevocable Offer of Dedication1. SUBJECT Refusal of Irrevocable Offer of Dedication (Shadow Ridge) recorded February 25, 1983 as Document 83- 085615, from The Fieldstone Company to the City of Orange for the purpose of landscaping of Tract 10486. 2. SUMMARY When the Fieldstone Company developed Tract 10486, they offered the City an irrevocable offer of dedication for the landscaping and maintenance of the hillside slopes of eleven residential properties. The City has never accepted this offer of dedication. 3. RECOMMENDED ACTION Adopt Resolution No. 11099. 4. FISCAL IMPACT None. 5. STRATEGIC PLAN GOAL(S) 1. Provide for a safe community — b. Provide and maintain infrastructure necessary to ensure the safety of the public. 2. Be a fiscally healthy community — d. Effectively manage and develop City assets. 6. GENERAL PLAN IMPLEMENTATION Land Use Element Goal 6.0: Advance development activity that is mutually beneficial to both the environment and the community. Policy 6.4: Create and maintain open space resources that provide recreational opportunities, protect hillside vistas and ridgelines, and conserve natural resources. 7. DISCUSSION and BACKGROUND When the Fieldstone Company developed Tract 10486 (Shadow Ridge development located at Marywood Drive and Shadow Ridge Lane) in the early 1980s, they offered the City an irrevocable offer of dedication for the landscaping and maintenance of the hillside slopes of eleven residential properties. This offer was recorded February 25, 1983 as document 83- 085615. Instead of accepting the Fieldstone offer, the City formed a Landscape Maintenance District (Shadow Ridge Landscape Maintenance District 82 -1) for the maintenance of the slope. This district was dissolved in 2007 when the City Council approved Resolution No. 10180. With the dissolution of the landscape maintenance district, the City had no intention of ever maintaining the slopes of these eleven residential properties. However, the Irrevocable Offer of Dedication (document 83- 085615) is still valid and appears on the homeowner's title reports as an exception and a cloud on the title. Homeowners are unable to obtain permits to build decks over the slopes which are included in the irrevocable offer, and thus would encroach into the slope area. The approval of Resolution No. 11099, Refusal of Irrevocable Offer of Dedication from The Fieldstone Company, and Recorded February 25, 1983 as Document 83- 085615, will eliminate that item as an exception on the property owner's title reports. Staff recommends the approval of Resolution No. 11099. 8. ATTACHMENTS • Resolution No. 11099, Refusal of Irrevocable Offer of Dedication from The Fieldstone Company, recorded February 25, 1983 as Document 83- 085615, • Irrevocable Offer of Dedication from The Fieldstone Company, recorded February 25, 1983 as Document 83- 085615. • Resolution No. 10180, Dissolution of Landscape Maintenance Assessment District 82 -1 (Shadow Ridge). • Location Map ITEM 2 6/12/2018 RESOLUTION NO. 11099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE REJECTING AN IRREVOCABLE OFFER OF DEDICATION FOR LANDSCAPING AND MAINTENANCE OF HILLSIDE SLOPES FOR RESIDENTIAL PROPERTY LOCATED IN TRACT 10486. WHEREAS, when the Shadow Ridge development, Tract 10486, was constructed in the early 1980s, the developer offered the City an irrevocable offer of dedication for the landscaping and maintenance of the hillside slopes of eleven residential properties; and WHEREAS, this offer of dedication was recorded with the County of Orange on February 25, 1983, as Instrument No. 83- 085615; and WHEREAS, instead of accepting the offer of dedication, the City formed a Landscape Maintenance District (Shadow Ridge Landscape Maintenance District 82 -1) for the maintenance of the hillside slopes; and WHEREAS, Shadow Ridge Landscape Maintenance District 82 -1 was dissolved in 2007 when the City Council approved Resolution No. 10180, finding that the improvements directly benefit the properties on which they exist, and as such, should be maintained by the individual property owner; and WHEREAS, with the dissolution of the landscape maintenance district, the City has no intention of ever maintaining the slopes of these eleven residential properties; and WHEREAS, absent action by the City Council, the Irrevocable Offer of Dedication (Instrument No. 83- 085615) is still valid and appears on the homeowner's title reports as an exception and a cloud on the title, preventing homeowners from obtaining permits to build decks over the slopes which are included in the irrevocable offer, and encroach into the slope area; and WHEREAS, the City now desires to officially record its position refusing and rejecting all rights for landscaping and maintenance offered in the irrevocable offer of dedication which will eliminate that item as an exception on the property owner's title reports, and allow for homeowners to exercise their unfettered property rights. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: Section 1. The foregoing recitals are all true and correct as stated herein. Section 2. The City Council hereby refuses and rejects the irrevocable offer of dedication for landscaping and maintenance over those properties previously identified in