Resolution Number 96-2-6-6RESOLUTION NO. 96-2-6-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE ACQUISITION OF AN
EASEMENT FOR CONSTRUCTION AND EMERGENCY ACCESS ROAD
PURPOSES AND THE EXPENDITURE OF FUNDS THEREFORE; AND, THE
INSTITUTION OF EMINENT DOMAIN PROCEEDINGS - TRACT 13865, LOT
D (PACIFIC COMMUNITY BUILDERS/TOLL BROTHERS)
WHEREAS, on June 18, 1991, the City Council adopted Resolution No. 91-6-18-4,
approving Tract 13726, Glenfed Area H, located at the southerly terminus of Camino La Ronda; and,
WHEREAS, prior to adoption of Resolution No. 91-6-18-4, the City Council heard
testimony of adjacent residents and reviewed recommendations from the Traffic and Transportation
Commission requesting restriction of construction traffic accessing the existing portions of Camino
La Ronda; and,
WHEREAS, Condition No. 33 of Resolution No. 91-6-18-4 requires the developer
or his successors in interest to obtain right-of-way or easements to construct a combination
construction and emergency access road from Via Entrada in Tract 13865 (Area C) to Tract 13726
(Area H); and,
WHEREAS, in order to implement said construction and emergency access road, Toll
Brothers, developer of Tract 13726, must obtain an easement (shown on Exhibit A) within Lot D of
Tract 13865, presently owned by Pacific Community Builders; and,
WHEREAS, the City Council has received substantial and convincing evidence that
Toll Brothers, despite its negotiations with Pacific Community Builders, has been unable to obtain
said easement, that the negotiations have failed due to liability improvement reconstruction and
aesthetic issues, not related to monetary reimbursement for the easement; and,
WHEREAS, the City Council has received substantial and convincing evidence that
in order to effectuate the construction and emergency access road an easement within Lot D of Tract
13865 is necessary and that the public interest and necessity require said access road, and that said
access road is planned and located in a manner that will be most compatible with the greatest public
good and lease private injury; and,
WHEREAS, the City is authorized to acquire said easement pursuant to Section
37350.5 of the California Government Code; and,
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WHEREAS, the City Council has considered all of the evidence submitted, including
the staff report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, DOES HEREBY FIND, RESOLVE AND DETERMINE, BY A VOTE OF NOT
LESS THAN TWO-THIRDS (2/3) OF ITS MEMBERS, AS FOLLOWS:
1. The environmental review, previously conducted by the City's Environmental
Review Board in connection with development of Tract 13726 is sufficient for the purposes of the
City's acquisition of the construction access and emergency access easements and no further
environmental review is necessary.
2. The construction access and emergency access easements are legally described
as set forth in Exhibit "A" attached hereto and incorporated herein by this reference.
3. The public interest and necessity of the City require the easement, based upon
the following facts: construction of public improvements including sewers, storm drains, recreational
trails and emergency access will necessitate construction traffic access to Tract 13726 over a
temporary construction easement as shown on Exhibit A herein. Access on existing portions of
Camino La Ronda is prohibited by project conditions and safety impacts. The permanent emergency
access easement required by the City is essential for public safety, at the location shown on Exhibit
A herein.
4. The construction access and emergency access are planned and located in a
manner that is the most compatible with the greatest public good and the least private injury. This
finding is supported by the fact that the routes are the shortest alignments between Tract 137326 and
Via Entrada, the routes utilize an existing water district access road or are located within an area to
be graded due to development of Tracts 13726 and 13865.
5. The construction access and emergency access easements are necessary for
the installation of the access roads. This finding is supported by the fact that without the easements
the installation of the access roads could not be completed within Lot D of Tract 13865.
6. The offer to purchase, required by Section 7267.2 of the California
Government Code, is not necessary as Pacific Community Builders is not requesting monetary
reimbursement for the easement. These eminent domain proceedings are necessary due to liability,
reconstruction improvements and aesthetic concerns of Pacific Community Builders.
7. The City and all appropriate officers, representatives and attorneys are hereby
authorized and empowered to acquire the easements for construction and emergency access by
condemnation in the name of the City, to be used for a public construction vehicle access and
emergency access in accordance with the provisions of the Code of Civil Procedure, the Street and
Highway Code, and the Constitution of the State of California related to eminent domain, and, to that
end, they are authorized and directed to commence and prosecute an action or actions in eminent
domain for the purpose of acquiring said easement.
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8. The City Attorney, as general counsel, and any law firm authorized by the City
Attorney to act as special counsel for the City, are hereby authorized to prepare and prosecute in the
name of the City such proceeding or proceedings in the proper court having jurisdiction thereof, as
are necessary for such acquisition; and, to prepare and file such pleading, documents, briefs, and other
instruments and to make such arguments and to take such actions as may be necessary in the opinion
of said attorneys to acquire for the City the said easements. Said attorneys are specifically authorized
to take whatever steps and/or procedures are available to them under eminent domain law of the State
of California (including, but not limited to, Code of Civil Procedure, Title 7, Chapters 1 through 12,
Sections 1230.010-1273.050).
9. The City Council hereby sets a public hearing date of March 5, 1996, for City
Council review of final testimony regarding said eminent domain proceedings.
PASSED, APPROVED, AND ADOPTED this 6th day of
February 1996.
WYATT JkRT, MAYOR
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ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
96-2-6-0 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of February 1446, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell and
Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL J01VS01W, CITY CLERK
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EXHIBIT "A"
EASEMENTS TO BE ACQUIRED BY EMINENT DOMAIN
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CONSTRUCTION ACCESS EASEMENT ONLY
CONSTRUCTION A EMERGENCY
ACCESS EASEMENT
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TO AREA H mwi
(T L BROTHERS)