Resolution Number 94-6-7-5019
RESOLUTION N0. 94-6-7-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE ACQUISITION OF PROPERTY
AND THE INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR A PORTION OF
ASSESSOR'S PARCEL NUMBER 650-142-04 (AVENIDA LOS CERRITOS) (SOUTH
COAST CHRISTIAN ASSEMBLY/HONEYMAN)
WHEREAS, the acquisition of a portion of Assessor's Parcel Number 650-142-04 is needed for public
use, namely to be utilized for the improvement of Avenida Los Cerritos within the City of San Juan Capistrano; and,
WHEREAS, State law authorizes the use of eminent domain for acquisition of property for the above -
stated purpose; and,
WHEREAS, notice of an opportunity to be heard was given to the property owner pursuant to Code
of Civil procedure Section 1245.235.
NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of San Juan Capistrano
does hereby find and determine as follows:
1. Public Use
The public use to which a portion of Assessor's Parcel No. 650-142-04 is to be put is for the
' construction of the expansion of a roadway, to wit, Avenida Los Cerritos in the City of San
Juan Capistrano.
2. Description of Property to be Taken
The property to be taken is described as a portion of Assessor's Parcel Number 650-142-04,
more particularly described in Exhibits One, Two and Three attached and 'incorporated herein
by reference.
Statutory FindinES
The City Council makes the additional findings:
a. The public interest and necessity require the improvement of Avenida Los Cerritos
to access the South Coast Christian Assembly project site located at the northern
terminus of Avenida Los Cerritos, adjacent to Interstate 5.
b. The proposed project is planned and located in a manner that will be most
compatible with the public good and least private injury.
C. The property described above is necessary for the proposed road improvements for
Avenida Los Cerritos.
d. An offer for purchase of the property has been made to the owner of the property,
pursuant to Government Code Section 7267.2.
-1-
020
100
ATTEST:
CITY CLERK
4. Authorization
The City Manager and City Attorney are authorized and directed to perform all acts necessary
on behalf of the City for the acquisition of said properly, and said City Attorney and City
Manager are further authorized to prepare, institute, and prosecute to conclusion on behalf of
the City an action in eminent domain or such proceedings as may be required for the
acquisition of the property described herein, or interest in such property, which cannot be
acquired by negotiation or purchase, to do any and all of the things in connection with such
proceedings as in their judgment may be necessary or convenient to the successful conclusion
of said proceedings.
5. Expenditure of Funds
The City Manager is hereby authorized to expend funds available to the City for the
acquisition of the real property described herein.
6. Recordine
The City Clerk is hereby authorized and directed to record a certified copy of this resolution
in the Office of the County Recorder, County of Orange.
PASSED, APPROVED, AND ADOPTED this 7th day of June
-2-
' STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
021
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. 94-6-7-5 adopted by the City
Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of
June , 1994, by the following vote:
AYES: Council Members Jones, Nash, Vasquez and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Member Hausdorfer
(SEAL)
CHERYL JO ON, TY CLERK
-3-
022
LEGAL DESCRIPTION:
BEING A PORTION OF THE PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY
OF ORANGE, STATE OF CALIFORNIA, DESCRIBED IN A GRANT DEED RECORDED IN BOOK
4341, PAGE 119 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, MORE. PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF ORTEGA HIGHWAY AND AVENIDA LOS
CERRITOS AS SHOWN ON A PARCEL MAP RECORDED IN BOOK 137, PAGES 30-36 INCLUSIVE,
OF PARCEL MAPS RECORDS OF ORANGE COUNTY; THENCE NORTH ALONG THE CENTERLINE
OF AVENIDA LOS CERRITOS THE FOLLOWING COURSES: NORTH 000 09' 19" EAST 143.33
FEET AND NORTH 040 28' 58" WEST 243.00 FEET; THENCE LEAVING SAID CENTERLINE
NORTH 85° 31' 02" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING AND THE
EASTERLY LINE OF SAID AVENIDA LOS CERRITOS, THENCE CONTINUING NORTH 85° 31'
02" EAST 28.00 FEET; THENCE PARALLEL WITH SAID CENTERLINE OF AVENIDA LOS
CERRITOS NORTH 040 28' 58" WEST 25.00 FEET; THENCE SOUTH 850 31' 02" WEST
28.00 FEET TO THE EASTERLY LINE OF AVENIDA LOS CERRITOS; THENCE SOUTHERLY
ALONG SAID EASTERLY LINE SOUTH 040 28' 58" EAST 25.00 TO THE TRUE POINT OF
BEGINNING.
SEE THE MAP DESIGNATED AS EXHIBIT 'B' ATTACHED HEETO AND BY THIS REFERENCE
MADE A PART HEREOF.
C. J. QUEYREL, LS 2988 DATE
EXHIBIT /
0231
5, 04'28'58" E.
25.00'
30'00'c
GINNING
5. 85'31'02" W.
28,00'
N. 04.28'58" W.
25.00'
Z I v N. 85'31'02" E.
58.00'
?EASTERLY LINE OF
N �AVENIDA LOS CERRITOS
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EXHIBIT
POINT OF BEGINNING
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/ EXHIBIT �
Allf-s
By: R.W.J. ANACAL ENGINEERING CO. LOCATION.
1800 East Le Palma Ave., Suite 202 AVENIDA LOS CERRITOS
Date: 13 APRIL 1994 P. O. Box 3668 SAN JUAN CAPISTRANO
SCALE: F. B. ♦ Anaheim, California 82803.3668 OWYNER
I" . 60' (711) 771-1763 SHEET NO.
024
LEGAL DESCRIPTION
BEING A PORTION OF MAY LOCATED IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN BOOK 12, PAGE 6
OF RECORDS OF SURVEY, RECORDS OF ORANGE COUNTY MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE STRIP OF LAND DESCRIBED
IN BOOK 4097, PAGE 12 OF OFFICIAL RECORDS AS AVENIDA LOS CERRITOS;
THENCE SOUTH 890 43' 56" EAST 5.00 FEET; NORTH 000 16' 04" EAST
16.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
000 16' 04" EAST 183.34 FEET; THENCE NORTH 110 05' 22" WEST 54.28
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 67.00 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE 87.42 FEET THROUGH A CENTRAL ANGLE OF 740 45' 29" TO A NON -
TANGENT LINE; THENCE SOUTH 00" 16' 04" WEST 302.52 FEET; THENCE
SOUTH 740 20' 04" WEST 26.00 FEET TO THE TRUE POINT OF BEGINNING.
SEE THE MAP DESIGNATED AS EXHIBIT 'B' ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
C. J. QUEYREL, LS 2988 DATE
EXHIBIT Z
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117
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EXHIBIT
CURVE DATA
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0.33' E'/HIBle. 7
R
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/AiI(1
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75'19'01"
67.00'
88.07'
51.71'
`
DY: R.W.J.
3
ANACAL ENGINEERING CO.
L N:
AVENIDA LOS CERRITOS
Urrlr. IN MARCII
1984
02
rAIL
.—AVENIDA LOS CERRITOS
PER 4097/13 O.R.
00'33'32•
Q
67.00'0.65'
0.33' E'/HIBle. 7
/AiI(1
a
74'45'29'
67.00' 87.42'
51.19'
tltl
`
DY: R.W.J.
ANACAL ENGINEERING CO.
L N:
AVENIDA LOS CERRITOS
Urrlr. IN MARCII
1984
1000 FRAI Ln Pnimn Ave.. Suite 202
SAN JUAN CAPts tnANO
P. O Rox MAn
Annhnim, CnIefornin 92803-3068
OWNER:
SCALE:
F. B. 11
I" . 50'
(714) 774-1763
SIIEET NO.
026
LEGAL DESCRIPTION
BEING A PORTION OF THE PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED IN A GRANT DEED
RECORDED IN BOOK 4341, PAGE 119 OF OFFICIAL RECORDS, RECORDS OF
ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE STRIP OF LAND DESCRIBED IN
BOOK 4097, PAGE 13 OF OFFICIAL RECORDS AS AVENIDA LOS CERRITOS;
THENCE SOUTH 890 43' 56" EAST 5.00 FEET TO THE TRUE POINT OF BEGIN-
NING; THENCE NORTH 00" 16' 04" EAST 16.89 FEET; THENCE NORTH 74"
20' 04" EAST 26.00 FEET; THENCE NORTIi 000 16' 04" EAST 302.52 FEET
TO THE BEGINING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 67.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS NORTH 260 19' 53" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE
0.65 FEET THROUGH A CENTRAL ANGLE OF 000 33' 32" TO A TANGENT LINE;
THENCE NORTH 640 13' 39" EAST 50.00 FEET TO THE BEGINNING OF A TAN-
GENT CURVE, CONCAVE NORTHWES'T'ERLY AND HAVING A RADIUS OF 43.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 8.52 FEET THROUGH A CENTRAL
ANGLE OF 110 21' 26" TO A TANGENT LINE; THENCE NORTH 55° 22' 45"
EAST 51.42 FEET TO A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A
RADIUS OF 28.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 43.98
FEET THROUGH A CENTRAL ANGLE OF 900 00' 00" TO A POINT OF CUSP
SAID POINT BEING ON THE SOUTHWESTERLY LINE OF RANCHO VIEJO ROAD AS
ESTABLISHED ON PARCEL MAP NO. 8851, RECORDED IN BOOK 164, PAGES 35
THROUGH 40 INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY;
THENCE SOUTH 340 37' 15" EAST 114.00 TO A POINT OF CUSP WITH A
TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 28.00
FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE OF RANCHO VIEJO ROAD
SOUTHWESTERLY, ALONG SAID CURVE 43.98 FEET THROUGH A CENTRAL ANGLE
OF 900 00' 00" TO A TANGENT LINE; THENCE SOUTH 550 22' 45" WEST
112.65 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTH-
EASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY ALONG
SAID CURVE 24.05 FEET THROUGH A CENTRAL ANGLE OF 550 06' 41" TO A
TANGENT LINE; THENCE SOUTH 000 16' 04" WEST 250.15 FEET TO A POINT
ON THE NORTHERLY LINE OF THAT STRIP OF LAND DESCRIBED AS AVENIDA
LOS CERRITOS IN BOOK 4097, PAGE 13 OF OFFICIAL RECORDS, RECORDS OF
ORANGE COUNTY; THENCE NORTH 890 43' 56" WEST 50.00 FEET TO THE
TRUE POINT OF BEGINNING.
SEE THE MAP DESIGNATED AS EXHIBIT 'B' ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
C. J. QUEYREL, LS 2988 DATE
EXHIBIT 3
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POINT OF BEGINNING.
N.W. COR. 4097/13 O.R.
9 gg•4w'3V'E.
9 '
.00 - \
CURVE DATA
O
R.28.00'
R
l
L•43.98 -
I
75.19'01.
T.28.00'
88.07'
51.71'
O
00'33'32'
67.00'
12.43.00'
I' • 50'
O
L•8.52'
'
87.42'
T•4.28'
\Ncy \
"000,
ri
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1 �\
Q+90'00'00"
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R•28.00' 7'YF
L•43 98'
In,-
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POINT OF BEGINNING.
N.W. COR. 4097/13 O.R.
9 gg•4w'3V'E.
9 '
.00 - \
CURVE DATA
O
0
R
l
T
I
75.19'01.
67,00'
88.07'
51.71'
O
00'33'32'
67.00'
F. B. N
I' • 50'
O
74'43.29'
.7.00'
87.42'
51.19'
[SY.YI
DETAIL
�AVENIDA LOS CERRITOS
PER 4097/13 O.R.
"f�;�.09�
1 3
r.oa
I.
C.J. OUEYREL LS 2988 DATE
By; R.W.J.
ANACAL ENGINEERING CO.
LOCATION:
AVENIDA 1.012 CFRRITOF
19RR1 LR PR1ma Ave., 8u11S M
008
SAN JUAN CAPISTRANO
D.1.1 IS MARC141994
P O Rax mm
OJ Anallokm CRIIImOiS 92EM
OWNER:
SCALE:
F. B. N
I' • 50'
1
1710 774.1783
911EET NO.