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