RES-11099 Rejecting Irrevocable OfferRESOLUTION 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
Irrevocable Offer of Dedication, Instrument No. 83- 085615 of Official Records in the Office of
the County Recorder of the County of Orange, dated February 25, 1983. The City's rejection of
rights under the aforementioned offer of dedication shall permanently terminate all rights,
exclusive or otherwise, for landscaping and maintenance of the property identified therein.
Section 3. The City Clerk is hereby authorized and directed to cause a certified copy
of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgement,
certificate of acknowledgement, or further proof in the Official Records of the County of Orange.
Section 4. All actions heretofore taken by the officers, employees and agents of the City
with respect to the action described in Section 2 of this Resolution are hereby approved, confirmed
and ratified, and the officers and employees of the City are hereby authorized and directed, jointly
and severally, to do any and all things and to execute and deliver any and all certificates and
documents which they may deem necessary or advisable in order to consummate said action and
otherwise to effectuate the purposes of this Resolution.
Section 5. This Resolution shall take effect immediately, from and after its adoption.
ADOPTED this 12th day of June 2018.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. City Clerk, tit o Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that
the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange
at a regular meeting thereof held on the 12th day of June 2018, by the following vote:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nicholas
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. ity Clerk, Cit Orange
Resolution No. 11099