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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. -1- i 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 -2- 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 -3- 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 14 nt� HIBI) A 2q2- z N Z N01 rG0 f mtn 4u uo;400 R i , m 14 nt� HIBI) A 2q2- LEGAL DESPRIPTION Uf 7 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. n. m $Zia � Z o K (ted � � V N '()' 7 E ctr w pOsg .gq \gig �m 9 O 9 +1 XIdIBII b p;', &d 2 t