Resolution Number 80-5-21-1037
RESOLUTION NO. 80-5-21-1
CONDEMNATION OF REAL PROPERTY - (RILEY-BEAR BRAND RANCH
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
AND DIRECTING THE CONDEMNATION OF CERTAIN REAL
PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO
FOR SEWER PURPOSES AND DECLARING A NECESSITY
THEREFOR (RILEY-BEAR BRAND RANCH)
WHEREAS, the City of San Juan Capistrano desires to
acquire an easement for the construction of a public sewer line
through its power of eminent domain as provided in Section
37350.5 of the Government Code of the State of California; and,
WHEREAS, each person whose property may be acquired in
conjunction with the construction of the improvement proposed as
shown on the last equalized assessment role has been duly
notified and afforded a reasonable opportunity to be heard on the
subject matter of this Resolution in accordance with Section
1245.235 of the Code of Civil Procedures.
WHEREAS, notice of a hearing relating to the adoption
of a resolution of necessity to exercise the right of eminent
domain to acquire an easement and right-of-way necessary for the
proposed improvement was mailed to the affected property owner
on April 23, 1980; and,
WHEREAS, the City Council has received and considered
all protests and other testimony and evidence at a hearing held
on May 7, 1980, and continued on May 21, 1980.
NOW, THEREFORE, BE IT RESOLVED that:
1. A public sewer line is required to serve Tract
10593 which is to be annexed to the City of
San Juan Capistrano.
2. The City Council of the City of San Juan Capistrano
does hereby find and determine that the public
interest and necessity require the acquisition,
construction, completion, operation and maintenance
by the City of San Juan Capistrano of certain
improvement for public use, to wit: The
construction of a public sewer line for Tract
10593.
3. The real property, the acquisition of which is
required for the public interest and necessity
for the uses and purposes set forth in Section 1
herein, is situated in the City of San Juan
Capistrano, more specifically defined in Exhibit
"A.
4. The property sought to be acquired is necessary
for the project and the public improvement is
planned and located in a manner that is compatible
with the most public good and least private injury.
5. The City Attorney is hereby ordered and directed
to bring an action in the Superior Court of
California in and for the County of Orange in the
name of the City of San Juan Capistrano against
all owners and claimants of property described in
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038
Exhibit "A" for the purposes of condemning and
acquiring said property for the public use of
the City of San Juan Capistrano and to do all
things necessary to prosecute said action to
final termination including the application for
an Order fixing the amount of security as said
Court may direct and for an Order permitting the
City of San Juan Capistrano to take possession
prior to judgment for the uses and purposes
herein described.
PASSED, APPROVED AND ADOPTED this 21st day of
May , 1980 , by the following vote, to wit: —
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
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. 80-5-21-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 21st day of
May 1 1980 .
(SEAL) )- i - -�
MARY ANN NOVER, CITY CLERK
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039
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 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. 79-2-21-7 and on the 23rd day of May 1980 ,
she caused to be posted:
RESOLUTION NO. 80-5-21-1
being: CONDEMNATION OF REAL PROPERTY - (RILEY-BEAR BRAND RANCH)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
AND DIRECTING THE CONDEMNATION OF CERTAIN REAL
PROPERTY IN THE CITY OF SAN JUAN CAPISTRANO
FOR SEWER PURPOSES AND DECLARING A NECESSITY
THEREFOR (RILEY-BEAR BRAND RANCH)
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The San Juan Hot Springs Dance Hall;
The Orange County Public Library.
(?a
MARY NJT NOVER, C ty erc
San Juan Capistrano, California
CHECK LIST S-0 _ _Zt_�
ORD. NO_.-..----- RES. NO .....
------ Mayor has signed
..... Clerk has signed
...._.'".---.,City Seal stamped
:.... All blanks typed in
„Absent.. ............::t5.. _.... .................
Noes........-----.---.-.$.- :..........................
.............. Typed in Official Record Book
.............. Posted to Classified Car
............. Copies sent to -.D j.43 L¢..$.�:..
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-CA14y-% ... b.` ......... .. ......
Legal Publication ordered to be published
(date) . ..... ...........------_.............._....--..............
No. Affidavits ----- -..........................................
No. Printed copies required ....... r7._... ----
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Remarks..----����-72Hu.tcJ..fA--1:/�%Z..
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