Resolution Number 89-11-7-6RESOLUTION NO. 89-11-7-6
INSTITUTING EMINENT DOMAIN PROCEEDINGS
[CAPISTRANO RAM LAS TON CO TI 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
ACQUISITION OF PROPERTY AND THE EXPENDING OF FUNDS
THEREFOR, AND THE INSTITUTION OF EMINENT DOMAIN
PROCEEDINGS (A PORTION OF ASSESSORS PARCEL NOS.
666-311-01, -02, AND -03) (CAPISTRANO RAMBLAS/TETON
CORPORATION)
WHEREAS, the acquisition of a portion of Assessor's Parcel Nos. 666-311-01,
-02, and -03 is needed for public use, namely to be utilized for the expansion of La Novia
Avenue 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 IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
1. Public Use.
The public use to which a portion of Parcel Nos. 666-311-01,-02, and -03
is to be put is for the construction of the expansion of a roadway, to wit,
La Novia Avenue in the City of San Juan Capistrano.
2. Description of Property and Extent of Property to be Taken.
The property to be taken is described as a portion of Assessor's Parcel
Nos. 666-311-01, -02, and -03 in the general vicinity of Valle Road and
San Juan Creek Road, San Juan Capistrano, California, more particularly
described in Exhibit "A", attached and incorporated herein by reference.
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.
(c) The property described above is necessary for the proposed road
widening of La Novia Avenue.
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(d) An offer for purchase of the property has been made to the owner
of the property pursuant to Government Code Section 7267.2.
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 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 interest
in such property, which cannot be acquired by negotiation or purchase, to
do any and all other 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. 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 7th day
Of November , 1989.
ARY L. H USDORFER, MA R
ATTEST:
CITY CLERI
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I, 4
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. 89-11-7-6 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 7th day
of November , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland
and Mayor liausdorfer
NOES: None
ABSENT: None
(SEAL)
MARY ANN NOVER, CITY CLERK
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4-19 EXHIBIT "A"
LA NOVIA AVENUE EXTENSION RIGHT OF WAY WITHIN PROPERTY
OWNED BY 7'? -r ok)
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 Patent 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 6507, 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 100 51' 47"
West, 36.73 feet; thence departing said westerly line North 770 36' 14" West,
203.71 feet; thence along a curve concave northeasterly, having a radius of
701.00 feet, through a central angle of 70 17' 32" an arc length of 89.22
.feet; thence North 700 18' 42" West 291.47 feet; thence along a curve concave
northeasterly, having a radius of 1806.00 feet, through a central angle of 80
28' 47" an arc length of 267.29 feet; thence North 61 49' 55" West, 794.28
Meet; thence along a curve concave southerly, having a radius of 494.00 feet
;through a central angle of 430 21' 58" an arc length of 373.90 feet; thence
,South 740 48' 07" West 14.73 feet; thence along a curve concave southeasterly
having a radius of 140.00 feet through a central angle of 200 48' 33" an arc
;length of 50.85 feet; thence South 530 59' 34" West, 46.25 feet; thence along
a curve concave northwesterly, having a radius of 160.00 feet, through a
central angle of 200 48' 33" an arc length of 58.11 feet; thence South 740 48'
07" West 90.97 feet; thence along a curve concave northwesterly, having a
radius of 592.00 feet, through a central angle of 90 17' 51" an arc length of
96.07 feet to a point on the westerly line of a parcel of land shown on a map
recorded in Book 91, page 29 of Record of Surveys, in the office of said
Orange County Recorder, a radial line through said point bearing North 50 54'
02" West; thence along said westerly line North 100 04' 47" West, 84.26 feet
to a point of non -tangent curvature, a radial line through said point bearing
North 50 12' 28" West; thence departing said westerly line along a non -tangent
curve concave northwesterly, having a radius of 508.00 feet, through a central
angle of 90 59' 25", an arc length of 88.58 feet; thence North 740 48' 07"
East, 255.51 feet; thence along a curve concave southerly, having a radius of
542.00 feet, through a central angle of 430 21' 58", an arc length of 410.23
feet; thence South 610 49' 55" East, 794.28 feet; thence along a curve concave
northeasterly, having a radius of 1758.00 feet, through a central angle of 80
28' 47", an arc length of 260.18 feet; thence South 700 18' 42" East, 291.47
feet; thence along a curve concave northeasterly, having a radius of 653.00
feet, through a central angle of 80 48' 20", an arc length of 100.36 feet;
thence South 790 07' 02" East, 117.03 feet to a point on the westerly line of
said Parcel 4, Trustees Deed Upon Sale; thence along said westerly line of
said Parcel 4 South 650 34' 10" East 70.04 to the POINT OF BEGINNING. The
above described property contains 2.83 acres, more or less.
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ziTEMPORARY CONSTRUCTION AND SLOPE EASEMENT _ TETON
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 6507, page 279 of Official Records, said point being
also an angle point to 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 $99, pages 1 to 5
inclusive, Miscellaneous Maps, in the office of said Orange County Recorder;
thence along the westerly line of said Parcel 4, Trustees Deed Upon Sale,
North 650 34' 19' West, 70.04 feet to the TRUE POINT OF BEGINNING; thence
continuing along said westerly line North 650 34' 19" West, 920.72 feet to an
angle point in the westerly line of said Parcel 4; thence departing said
westerly line and continuing North 650 34' 10" West 220.26 feet; thence North
570 15' 06*
6 West, 200.97 feet; thence North 20 56' 42" West 98.70 feet;
thence North 610 49' 55" West, 180.00 feet; thence South 281 10' 05" West,
109.00 feet; thence North 610 49' 55" West, 65.00 feet; thence North
840 01' 20" West, 198.50 feet; thence North 890 05' 43" West, 349.30 feet to a
point on the westerly line of property shown on a map recorded in Book 91,
page 29, Record of Surveys, in the office of said Orange County Recorder;
thence along said westerly line shown on said map recorded in Book 91, page
29, the following two (2) courses and distances:
1) South 550 28' 55" West, 165.00 feet,
2) South 100 04' 47" East, 42.33 feet,
to a point of non -tangent curvature, a radial line through said point bearing
North 50 12' 28" West; thence departing said westerly line along a non -tangent
curve concave northwesterly, having a radius of 508.00 feet, through a central
angle of 90 59' 25", an arc length of 88.58 feet; thence North 740 48' 07"
East, 255.51 feet; thence along a curve concave southerly, having a radius of
542.00 feet, through a central angle of 430 21' 58", an arc length of 410.23
feet; thence South 610 49' 55' East, 794.28 feet; thence along a curve concave
northeasterly, having a radius of 1758.00 feet, through a central angle of
80 28' 47", an arc length of 260.18 feet; thence South 700 18' 42" East,
291.47 feet; thence along a curve concave northeasterly, having a radius of
653.00 feet, through a central angle of 80 48' 20", an arc length of 100.36
feet; thence South 790 07' 02" East, 117.03 feet to the POINT OF BEGINNING.
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 6507, 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 the westerly line of said Tract No. 12423 South 100 51' 41" West,
36.73 feet to the TRUE POINT OF BEGINNING;thence departing said westerly line
North 770 36' 14" West, 203.71 feet; thence along a curve concave
northeasterly, having a radius of 701.00 feet, through a central angle of
70 17' 32" an arc length of 89.22 feet; thence North 700 18' 42" West 291.47
feet; thence along a curve concave northeasterly, having a radius of 1806.00
feet, through a central angle of 80 28' 47' an arc length of 267.29 feet;
thence North 610 49' 55' West, 794.28 feet; thence along a curve concave
southerly, having a radius of 494.00 feet through a central angle of
430 21' S8" an arc length of 373.90 feet; thence South 740 48' 07" West 14.73
feet; thence along a curve concave southeasterly having a radius of 140.00
feet through a central angle of 200 48' 33" an arc length of 50.85 feet;
thence South 530 59' 34" West, 46.25 feet; thence along a curve concave
northwesterly, having a radius of 160.00 feet, through a central angle of
200 48' 33" an arc length of 58.11 feet; thence South 740 48' 01" West, 90.97
feet; thence along a curve concave northwesterly, having a radius of 592.00
feet, through a central angle of 90 17' 51" an arc length of 96.07 feet to a
point on the westerly line of a parcel of land shown on a map recorded in Book
91, page 29 of Record of Surveys, in the office of said Orange county
Recorder, a radial line through said point bearing North S0 54' 02" West;
thence along said westerly line South 100 04' 47" East, 136.00 feet; thence
departing said westerly line North 790 55' 13" East, 80.00 feet; thence North
19 29' 20" East, 122.00 feet; thence North 790 53' 00" East 327.00 feet;
thence South
890 55' 57" East, 98.56 feet; thence South 520 23' 33" East, 364.83 feet;
thence South 360 51' 49" West, 85.99 feet; thence South 670 33' 41" East
150.25 feet; thence North 260 10' 05" Fdast, 162.50 feet; thence South 546 09'
42" East 462.23 feet; thence South 69 23' 44" East, 458.81 feet; thence
South 786 01' 43" East, 367.41 feet to a point on the westerly line of said
Tract No. 12423; thence along said westerly line North 100 51' 47" East, 91.27
feet to the POINT OF BEGINNING.
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