Resolution Number 81-1-6-2285
RESOLUTION NO. 81-1-6-2
CONDEMNATION OF REAL PROPERTY (SUNHOLLOW)
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 STREET PURPOSES AND DECLARING A NECESSITY
THEREFOR (SUNHOLLOW)
WHEREAS, the City of San Juan Capistrano desires to
acquire an easement for the construction of a public street
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 December 17, 1980; and,
WHEREAS, the City Council has received and considered
all protests and other testimony and evidence at a hearing held
on January 6, 1981.
NOW, THEREFORE, BE IT RESOLVED that:
1. Windsong Drive currently permits traffic to enter
directly upon Ortega Highway which creates a traffic
hazard.
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 cul-de-sac at the northerly
termination of Windsong Drive.
3. The real property, the acquisition of which is
required for the public interest and necessity
for the uses and purposes set forth in Paragraph 1
herein, is situated in the City of San Juan
Capistrano, more specifically described as:
A strip of land 3 feet in width, the
Northwesterly line of said strip being
described as follows:
Beginning at the Northwest corner of Tract
7972 as shown on a map recorded in Book 320,
Page 29, Miscellaneous Maps, Records of
Orange County, California, South 11059'09"
East 220.00 feet.
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.
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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
Paragraph No. 3 herein, 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 6th day of
January 1 1981_, by the following vote, to -wit:
AYES: Councilmen Friess, Schwartze, Bland,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
ATTEST:
CITY CL K
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. 811•-6-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of
January 181.
(SEAL)
RY ANN 7NOVER, CITY CLERK
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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 9th day of January 1981
she caused to be posted:
RESOLUTION NO. 61-1-6-2
being: CONDEMNATION OF REAL PROPERTY (SUNHOLLOW)
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 STREET PURPOSES AND DECLARING A NECESSITY
THEREFOR (SUNHOLLOW)
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.
MARY ANN, OVER, City Clerk
San Jua Capistrano, California
CHECK LIST p7 _ /_ 6,_ Z
ORD. NO........... RES. NO--.......
........'Mayor has signed
✓.. Clerk has signed
City Seal stamped
.............. All blanks t7ped in
"Absent t7
................. .........................
`Noes" ........................ ..........................
...........I. Typed in Official Record Book
.............. Posted to Classified Cards
S.y....hl...: 7
............. Copies tee sent to...�s? ..
.y:..�...............
.............. Legal Publication ordered to be published
(date)..............................................................
No. Affidavits ..................................................
No. Printed copies required ..........................
Remarks .....4'�✓.��1. k✓(ir{�...................
........ .4-0...ISSA...G.:....................................................
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