Resolution Number 86-9-16-4RESOLUTION NO. 86-9-16-4
11094
387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DETERMINING THE
NECESSITY OF PROVIDING FOR THE CONDEMNATION OF
CERTAIN REAL PROPERTY KNOWN AS LOT A, TRACT 11094
(ASSESSOR'S PARCEL NO. 650-403-07) (CAPISTRANO ROYALE)
WHEREAS, the City of San Juan Capistrano desires to condemn certain real
property more particularly described as Assessor's Parcel No. 650-403--07 in the City of
San Juan Capistrano for the purpose of providing for the undergrounding of utilities; and,
WHEREAS, California eminent domain law provides for the condemnation of
said real property for public purposes such as the undergrounding of utilities.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano, as follows:
1. The real property to be taken is needed for the purpose of providing for
the construction and installation of underground utility facilities. The
exercise of eminent domain power for this purpose is authorized by Code
of Civil Procedure 11240.010, et seq.
2. The property is located at the general location of Rancho Viejo Road and
Highland in the City of San Juan Capistrano and is more particularly
described as Lot A of Tract 11094 (AP 650-403-07). It is proposed that
fee title for the entire parcel be acquired by eminent domain.
3. The City Council has found and determined each of the following:
a. The public interest and necessity require the proposed
undergrounding utility work;
b. The proposed underground utility work is planned in a manner that
will be most compatible with the most public good and the least
injury;
C. The real property described in this resolution is necessary for the
proposed underground utility work;
-1-
388 d. That an offer of purchase has been made to the Trustee in
Bankruptcy who controls this property.
PASSED, APPROVED, AND ADOPTED this 16th day
Of September ,1986.
KENNETH E. FRIESS, MAYOR
ATTEST:
ITY CL-�
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. 86-9-16-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 16th day
of September , 1986, by the following vote:
AYES:oun it en Sch tze ggland, Buchheim,
fiauscdor er, antayo$ Friess
NOES: None
ABSENT: None
(SEAL)
WARY ANN H OVER, CITY CLERK
-2-