Resolution Number 85-1-8-4225
RESOLUTION NO. 85-1-8-4
OF PROPERTY AND I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
THE ACQUISITION OF PROPERTY AND THE EXPENDING
OF FUNDS THEREFORE, AND THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS (ASSESSOR'S PARCELS
NOS. 668-112-04 AND 668-112-05/KORD INDUSTRIES/
CAMINO CAPISTRANO BRIDGE)
WHEREAS, the City of San Juan Capistrano intends to
construct the replacement of the Camino Capistrano Bridge over
San Juan Creek; and,
WHEREAS, Assessor's Parcels Nos. 668-112-04 and
668-112-05 (Kurd Industries) immediately border Camino
Capistrano; and,
WHEREAS, a portion of the above -stated parcels are
needed for the purpose of widening Camino Capistrano Bridge; and,
WHEREAS, the City of San Juan Capistrano is authorized
under State law to exercise the power of domain for the purpose
of acquiring real property for the above -stated purposes; and,
WHEREAS, there is a public need to acquire the subject
real property; and,
WHEREAS, notice and opportunity to be heard was given
to the property owner pursuant to Code of Civil Procedure Section
1245.325.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of San Juan Capistrano as follows:
I. Public Use.
Public use to which parcels 668-112-04 and
668-112-05 will be put is for the construction of the widening of
Camino Capistrano Bridge.
II. Description of Property and Extent of Property
To Be Taken.
The property to be taken is described by the legal
descriptions attached as Exhibits "A," "B" and "C" and
incorporated herein by reference.
III. Statutory Findings.
The City Council makes the following additional
findings:
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226
A. The public interest and necessity require the
widening of Camino Capistrano Bridge.
B. The proposed project is planned and located
in a manner that would be most compatible with the greatest
public good and least private injury.
C. The property described above is necessary for
the proposed Camino Capistrano Bridge widening.
D. An offer for the purchase of the property has
been made to the owner of the property, Kord Industries, pursuant
to Government Code Section 7267.2.
IV. Condemnation Litigation.
The City Manager and the City Engineer of the City
of San Juan Capistrano are hereby authorized and directed to
perform all acts necessary on behalf of the City for the
acquisition of said real property, and said City Manager, City
Engineer, and City Attorney are further authorized to prepare,
institute, and prosecute to conclusion on behalf of the City an
action of eminent domain, or such proceedings as may be required,
for the acquisition of the property described herein, or
interests in such property which cannot be acquired through
negotiation and purchase, to do any and all other things in
connection with such proceedings as in their judgment it may be
necessary or convenient to the successful conclusion of said
proceedings.
V. Expenditure of Funds.
The City Manager is hereby authorized to expend
funds available to the City for the acquisition of the real
property set forth above.
VI. Filing of Resolution
The City C 1e r k is 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 8th day of
January r 1985
ATTEST:
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STATE OF CALIFORNIA 227
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. 85-1-8-4 , adopted by
the City Council of the City of San Juan Capistrano, California,
at an adjourned regular meeting thereof held on the 8th day
of January 1985, by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)
MAR1Y ANN POVER, CITY CLERK
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I2 ONIA
COUNTYOF) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 10th day of January , 1985 ,
she caused to be posted:
RESOLUTION NO. 85-1-8-4
being: ACQUISITION OF PROPERTY AND
[sly'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
THE ACQUISITION OF PROPERTY AND THE EXPENDING
OF FUNDS THEREFORE, AND THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS (ASSESSOR'S PARCELS
NOS. 668-112-04 AND 668-112-05/KORD INDUSTRIES/
CAMINO CAPISTRANO BRIDGE)
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
CHECK LIST
ORD. NO.... - RES. NO._._..._.
............. Mayor has signed
.- ......... Clerk has signed
............. City Seal stamped
.......- All blanks typed in
"Absent" g' --......
"Noes" ._ ------ t- .........................................
............ Typed in Official Record Book
_.......... Posted to Classified�ajd
-......_.... Copies sent to .95-- - 6z--
z... .............. 4 -------- -----
......_...... Legal Publication ordered to be published
(date) - ---- ------ ....----- --- ....... ......------ ---- ....---....
No. Affidavits ------- -----------------------
No. Printed copies required .....,.p%.__ ..-_....-
Remarks .. **3- i ..111-1-2Y-.fsK. rpt ------ ------
............... �:. TSa..-...
- -- ...........................-- --- -- ---
MAR y%�f�%NOVER,'CITY CLERK
San Juan Capistrano, California
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mecoraea at cne request ot,
and return to:
CITY CLERK'S OFFICE
Cicv of San Juan Capistrano
32400 Paseo Adelanco
San Juan Capistrano. California 92675
EXHIBIT A
Project No
Project:
Parcel No
EASEMENT DEED
06 4706 514
Camino Capistrano Bridge
1 Road
L A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
KORD INDUSTRIES, INC.
herebv GRANT to the CITY OF SAN JUAN C-kPrSTRANO, - a perpetual easement and right' of way fc
STREET, HIGHWAY AND UTILITY purposes in, on and over the real property in the Cir
an Juan Capistrano, County of Orange, State of California, described as:
That portion of the North half of the Southeast quarter of Section 12,
Township 8 South, Range 8 West, S.B.M., in the City of San Juan
Capistrano, County of Orange, State of California, as acquired by the
State of California by deeds 41608, recorded May 27, 1966 in Book 7944,
at Pages 405 and 408 respectively, both of Official Records in the
office of the County Recorder of said County, together with that portic
of Lot 9 in Block 3 of San Juan Capistrano, as shown on a map recorded
in Book 3, Pages 120 to 125 inclusive, of Miscellaneous Records of
Los Angeles County, California, as acquired by the State of California
by deeds 41609, 41610, 41611 and 43379, recorded June 2, 1966 in
Book 7948, recorded October 7, 1966 in Book 8069, Page 577, recorded
June 7, 1966, in Book 7952, Page 616, and recorded May 27, 1966 in
Book 7944, Page 411, respectively, all of said Official Records,
described as follows:
Beginning at the westerly terminus of that certain course described as
North 890 20' 05" West, 65.00 feet in the easement deed to the Orange
County Flood Control District recorded July 31, 1963 as Instrument No.
22037 in Book 6195, Page 634, of said Official Records; thence along sz
course South 890 20' 58" East 19.02 feet to a non -tangent curve concave
Northwesterly and having a radius of 949.00 feet, a radial bearing of
said curve to said point bears South 570 47' 35" East, said point also
being the True Point of Beginning of this description; thence South-
westerly 103.69 feet along said curve through a central angle of 6°
15' 37"; thence South 381 28' 02" West 233.66 feet to the beginning
of a curve concave Southeasterly and having a radius of 1051.00 feet;
thence Southwesterly 66.10 feet along said curve, through a central
z30
Project No. 06 4706 514
Project: Camino Capistrano Brie,7e
Parcel: 1 Road
angle of 3° 36' 12" to the Southwesterly prolongation of that
certain course described as North 421 07' 39" East, 268.42 feet
in Parcel 4 of State Highway Relinquishment No. 722, recorded
March 31, 1970 in Book 9252, Page 371 of said Official Records;
thence non tangent to said curve along said Southwesterly line
and last said certain course North 420 07' 39" East 431.45 feet
to a point in that certain course described as North 89° 20'
05" West in said easement deed; thence along last said course
North 890 20' 58" West 44.66 feet to the True Point of
Beginning.
This parcel contains 0.152 acres more or less.
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and return co:
CITY" CLERK'S OFFICE
Ciry of San Juan Capistrano
32400 Paseo Adelanco
San Juan Capistrano. California 92675
EXHIBIT 231
Project No
Project:
Parcel No.
EASEMENT DEED
06 4706 514
Camino Capistrano Bridge
1 Temporary
1 VALUABLE CONSIDER kTION, receipt of which is hereby acknowledged,
KORD INDUSTRIES, INC.
reby GRANT to the CITY OF SAN JUAN CAPIS�rR. NO, - an easement and right of way for
Temporary construction and slope purposes in, on and over the real property in the Cin
Juan Capistrano, County of Orange, State of California, described as:
That portion of the North half of the Southeast quarter of Section 12,
Township 8 South, Range 8 West, S.B.M., in the City of San Juan
Capistrano, County of Orange, State of California, as acquired by the
State of California by deeds 41608, recorded May 27, 1966 in Book 7944,
at Pages 405 and 408 respectively, both of Official Records in the
Office of the County Recorder of said County, together with that
portion of Lot 9 in Block 3 of San Juan Capistrano, as shown on a map
recorded in Book 3, Pages 120 to 125 inclusive, of Miscellaneous Records
of Los Angeles County, California, as acquired by the State of Calif-
ornia by deeds 41609, 41610, 41611 and 43379, recorded June 2, 1966
in Book 7948; Page 608, recorded October 7, 1966 in Book 8069, Page
577, recorded June 7, 1966 in Book 7952, Page 616, and recorded
May 27, 1966 in Book 7944, Page 411, respectively, all of said
Official Records, described as follows:
Beginning at the Westerly terminus of that certain course described as
North 890 20' 05" West, 65.00 feet in the easement deed to the Orange
County Flood Control District recorded July 31, 1963 as Instrument No.
22037 in Book 6195, Page 634, of said Official Records; thence along
said course South 890 20' 58" East 19.02 feet to a non -tangent curve
concave Northwesterly and having a radius of 949.00 feet, a radial
bearing of said curve to said point bears South 570 47' 35" East,
232
Project No. 06 4706 514.
Project: Camino Capistrano Bridge
Parcel No.: 1 Temporary
said point also being the True Point of Beginning of this description;
thence Southwesterly 103.69 feet along said curve through a central
angle of 61 15' 37"; thence South 380 28' 02" West 233.66 feet to the
beginning of a curve concave Southeasterly and having a radius of
1051.00 feet; thence Southwesterly 66.10 feet along said curve, through
a central angle of 30 36' 12" to the Southwesterly prolongation of
that certain course described as North 420 07' 39" East, 268.42 feet
in Parcel 4 of State Highway Relinquishment No. 722, recorded March 31,
1970 in Book 9252, Page 271 of said official Records; thence non -
tangent to said curve along said Southwesterly prolongation South
42° 07' 39" West 88.21 feet to non -tangent curve concave Northwesterly.
and having a radius of 1457.69 feet, a radial bearing of said curve
to said point bears South 780 20' 44" East, said curve being the
Easterly right of way line of the Atchiso, Topeka and Santa Fe Rail-
road;thence Northeasterly 24.95 feet along said curve through a
central angle of 01 58' 51" to a line being parallel with and 15.00
feet Northwesterly of that certain course described as South 380 28'
02" West 233.66 feet herein above;thence non -tangent to said curve along
said parallel line North 380 28' 02" East 431.19 feet to the South-
easterly line of the 10.00 foot wide strip of land described in said
easement deed; thence along said Southeasterly line North 481 07' 39"
East 30.56 feet;thence North 67° 01' 57" East 8.81 feet to the True
Point of Beginning.
This parcel contains 0.158 acres more or less.
Reserving to the Grantee herein the right to enter upon the above
described land for the purpose of constructing supportive graded
roadway slopes. Grantor or its successors in interest shall not remove-.
such slopes or portions thereof without providing in their place
adequate lateral support, the design and construction of which shall
first be approved by the City of San Juan Capistrano.
This temporary construction easement shall expire on the date that
the notice of completion for the "Camino Capistrano Bridge at San
Juan Creek" construction project is filed with the orange County
Recorder and shall commence on the date of recordation of this document.
Compensation to Grantor from Grantee shall be provided on an annual
basis of the mutually agreed upon amount of $6,893.00. If the period
of this temporary easement exceeds one year, additional compensation
shall be prorated according to the commencement and termination dates
and annual compensation prescribed herein.
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Recorded at the request of,
and return cc: ti
CITY CLERK'S OFFICE
Ciry of San Juan-Cagstrano,.
32400 Paseo Adelanro
San Juan Capistrano. California 92673
Project No
Project:
Parcel No.
EASEMENT DEED
233
EXHIBIT C
06 4706 514
Camino Capistrano Bridge
1 Access
VALUTABLE CONSIDERATION, receipt of which is herebv acknowledged.
KORD INDUSTRIES, INC.
eby GRANT to the CITY OF SAN JUAv C.4PIM—s.1NO, - a perpetual easement and right of way for
access and slope purposes in, on and over the real property in the Cic-
Juan Capistrano, County of Orange, State of California, described as:
That portion of Lot 9 in Block 3 of San Juan Capistrano, as shown on
a map recorded in Book 3, Pages 120 to 125 inclusive, of Miscellaneous
Records of Los Angeles County, California, as acquired by the State of
California by deeds 41609, 41610, 41611 and 43379, recorded June 2,
1966 in Book 7948, Page 608, recorded October 7, 1966 in Book 8069,
Page 577, recorded June 7, 1966 in Book 7952, Page 616, and recorded
May 27, 1966, in Book 7944, Page 411, respectively, all of Official
Records, in the Office of the County Recorder of Orange County,
described as follows:
Beginning at the Westerly terminus of that certain course described
as North 891 20' 05" West, 65.00 feet in the easement deed to the
Orange County Flood Control District recorded July 31, 1963 as
Instrument No. 22037 in Book 6195, Page 634, of said Official
Records; thence along said course South 891 20' 58" East 19.02 feet;
thence South 67° 01' 57" West 39.67 feet to a point in that certain
course described as South 48° 08' 33" West, 312.01 feet in said
easement deed being distant Southwesterly 23.52 feet along last said
course from the Point of Beginning; thence along said course North
48° 07' 39" East 23.52 feet to the Point of Beginning.
This parcel contains 0.003 acres more or less.
234
Project No. 06 4706 514
Project: Camino, Capistrano Bridge
Parcel No.: 1 Access
Reserving to the Grantee herein the right to enter upon the above
described land for the purpose of access and for the purpose of
constructing supportive graded roadway slopes. Grantor or its
successors in interest shall not remove such slopes or portions
thereof without providing in their place adequate lateral support,
the design and construction of which shall first be approved by
the City of San Juan Capistrano.
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235
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