Resolution Number 90-1-16-6RESOLUTION NO. 90-1-16-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
ACQUISITION OF CERTAIN REAL PROPERTY AND THE
EXPENDING OF FUNDS THEREFOR AND THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS (A PORTION OF ASSESSORS
PARCEL NO. 666-311-01) (CAPISTRANO RAMBLAS
DEVELOPMENT CORPORATION)
WHEREAS, the acquisition of a temporary construction easement and
permanent easement on Assessor's Parcel No. 666-311-01 is needed for public use,
namely to be utilized for construction of the extension of La Novia Avenue within the
City of San Juan Capistrano; and,
WHEREAS, state law authorizes the eminent domain process for acquisition of
property for the above -stated purposes; 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 IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1. Public Use.
The public use to which the construction easement and permanent surface
easement on Parcel No. 666-311-01 is to be put is to accommodate the construction and
expansion of an existing public roadway in the City of San Juan Capistrano, to wit, La
Novia Avenue in the City of San Juan Capistrano.
SECTION 2. Description of Property and Extent
of Property to be Taken.
The property to be taken as easements is described as a temporary
construction easement, more particularly described and set forth in Exhibit "A", attached
and incorporated herein by reference, and a permanent surface easement, more
particularly described in Exhibit "B", attached and incorporated herein by reference.
SECTION 3. Statutory Findings.
The City Council makes the following additional findings:
a. The public interest and necessity require the widening of La Novia
Avenue to accommodate additional traffic to be generated from
new residential construction within the vicinity of the road
widening project.
b. The proposed project is planned and located in a manner that will
be most compatible with the public good and least private injury.
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C. The easements described above are necessary for the proposed
road widening of La Novia Avenue in that the temporary
construction easement and the permanent surface easement
represent mitigation measures which will reduce potential
environmental impacts on the community such as truck traffic and
dust arising from construction activity for the project as a whole.
d. An offer for purchase of the easements has been made to the
owner of the property pursuant to Government Code Section
7267.2.
SECTION 9. 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 property 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 an interest in
such property, which cannot be acquired by negotiation or purchase, to do any and all
things in connection with such proceedings as in their judgment may be necessary or
convenient to the successful conclusion of said proceedings.
SECTION 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.
SECTION 6. Recording.
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 16th day
of January , 1990.
ATTEST:
CITY CLERW
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043 t
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 90-1-16-6 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 16th day
of January , 1990, by the following vote:
AYES: Councilmen Schwartze, Buchheim, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
(SEAL)�_
MARY AN A OVE TY CLERK
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LEGAL DESCRIPTION
A temporary Surface Easement for Road Purposes
AP 666-311-01
A temporary easement for ingress and
egress over a strip of land 38 feet
in ,+_ th across those portions of
Section 12, Township 8 South, Range
7 West of the San Bernardino
Meridian, in the City of San Juan
Capistrano, County of Orange, State
of California , according to the
Official Plat of said land filed in
the District Land Office, April 12,
1875, and that portion of Lot 42,
in Township 8 South, Range 7 West,
in the Rancho Boca de la Playa, in
said city and county, as per map
recorded in Book 4 Pages 118 and 119
of oatents in the Office of the
County recorder of Los Angeles
County, California, the centerline
of which is described as follows:
Beginning at the most northerly
corner of that parcel as shown on
map recorded in Book 91, pale 29 of
Records of Survey of Ce-:nty of
orange, State of California; thence
South 43 04' 460, East, 372.24 feet
more or less along the ncrtherly
line of said parcel shown on R. S.
9'_;'29, to the centerline of an
existing road (commonly referred to
as Forester Canyon Road) tence
along the centerline of said
existing road South 24 03' 54" East
385.81 feet more or less to the
northerly line of the 3.29 acre
slope easement parcel, 5eing
acquired by the City of San Juan
Capistrano. The side lines of said
30 -foot wide strip shall be extended
or foreshortened so as to terminate
on the zlorth at the northeasterly
line of said parcel shown on said
R=oord of Survey and on the South on
t -e Hort erly line of said slope
easement parcel.
045
Said temporary easement shall terminate upon completion
of the construction contract work of the project as
approved by the City Council of the City of San Juan
Capistrano but in any event not later than December 1,
1990 EXHIBIT /-7
0464
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LEGAL DESPRIPTION
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A Permanent Surface Easement to Deposit Excess Dirt
graded from the project construction over the following
Property: SAP 666-311-01)
Those portions of Section 12,
Township 8 South, Range 7 west of
the San Bernardino meridian, in the
City of San Juan Capistrano, County
of Orange, State of California,
according to the official Plat of
said land filed in the District Land
Office, April 12, 1875, and that
portion of Lot 42, in Township 8
South, Range 7 West, in the Rancho
Boca de la Playa, in said city and
county, as per map recorded in Book
4, pages 118 and 119 of patents in
the Office of the County Recorder of
Los Angeles County, California,
described as follows:
Beginning at an angle point on the
southerly line of the land described
in Parcel 6 of a deed to Croddy
Corporation, a California
Corporation, recorded April 15,
1963, in Book 6567, page 279 of
Official Records, said point being
also an angle point in the westerly
line of Parcel 4, Trustees Deed upon
Sale to Glendale Federal Savings and
Loan, a United States Corporation,.
recorded in Book 9756, page 217, of
Official Records, said point being
also on the westerly line of Tract
No. 12423 as shown on a map recorded
in Book 599, pages 1 to 5 inclusive
miscellaneous maps, in the Office of
said Orange County Recorder; thence
along said westerly line of said
Tract No. 12423, South 10 51' 47"
West, 128.00 feet; thence departing
A
said westerly line, North 78 01'
43" west, 367.41 feet; thence North
69 23' 44' west, 317.37 feet; to
the TRUE POINT OF BEGINNING; tnence
North 69 23' 44' West, 141.44 feet;
thence North 54 09' 42' west,
462.23 feet; thence South 28 10'
05" west, 162.50 feet; thence North
67 33' 41' west, 150.25 feet;
thence North 36 51' 49"East, 85.99
thence 231
134.33feet; North52
South 3330 West,
EXHIBIT V
05" West, 219.77 feet; thence South
29 36' 30" East, 281.08 feet;
thence South 83 22' 50" East,
'
734.38 feet; thence North 8 06' 49"
East, 135.41 feet to the TRUE POINT
OF BEGINNING.
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