Resolution Number 80-1-23-20295
RESOLUTION NO. 80-1-23-20
EMINENT DOMAIN AND PUBLIC HEARING - ASSESSMENT DISTRICT
NO. 78-3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SETTING TIME AND PLACE FOR
PUBLIC HEARING ON ADOPTION OF RESOLUTION OF NECESSITY
TO ORDER ACQUISITION BY EMINENT DOMAIN PROCEEDINGS.
WHEREAS, this City Council, at this time, is conducting proceedings
for a special assessment district pursuant to the terms and provi-
sions of the "Municipal Improvement Act of 1913", being Division
12 of the Streets and Highways Code of the State of California, for
the construction of certain public works of improvement, together
with appurtenances and appurtenant work in connection therewith,
including acquisition where necessary; said special assessment
district known and designated as
ASSESSMENT DISTRICT NO. 78-3
[ORTEGA PROPERTIES)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, under said special assessment district proceedings, it
will be necessary that certain right-of-way acquisition be made
in order to accomplish the construction of the works of improve-
ment, as proposed, and at this time this governing body is desirous
of setting a time and place for a public hearing on the adoption of
a Resolution of Necessity relating to the rights-of-way and/or ease-
ments not yet acquired for the project and improvements in said
Assessment District; and,
r
WHEREAS, there has been presented to this City Council for consi-
deration, and on file in the Office of the City Clerk, a copy of
a proposed Resolution of Necessity to exercise the right of eminent
domain relating to this Assessment District.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO
CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That certain right-of-way acquisition is necessary
for the accomplishment of the improvements as pro-
posed for the Assessment District, and said rights-
of-way are as set forth and described in the proposed
Resolution of. Necessity to Exercise the Right of
Eminent Domain, a copy of which is on file in the
Office of the City Clerk, with an Exhibit attached
thereto setting forth the proper and legal descrip-
tion of all rights-of-way to be acquired.
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297
SECTION 3. THAT NOTICE IS HEREBY GIVEN THAT ON WEDNESDAY ,
THE 5TH DAY OF MARCH, 1980 , AT THE HOUR
OF 7.00 O'CLOCK P.M. , IN THE REGULAR MEETING
PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS,
CITY HALL, ANY AND ALL PERSONS, WHERE EASEMENTS OR
RIGHTS-OF-WAY ARE TO BE ACQUIRED, WILL HAVE AN OPPOR-
TUNITY TO APPEAR AND TO BE HEARD ON THE MATTER OF THE
ADOPTION OF THE RESOLUTION OF NECESSITY TO EXERCISE
THE RIGHT OF EMINENT DOMAIN TO ACQUIRE EASEMENTS AND
RIGHTS-OF-WAY NECESSARY FOR THE PROPOSED I14PROVEMENTS
IN THE ASSESSMENT DISTRICT. ALL PERSONS OBJECTING TO
THE PUBLIC INTEREST AND NECESSITY FOR THE PROJECT AND
THE DETERMINATION AS TO WHETHER OR NOT THE PROJECT IS
PLANNED OR LOCATED IN THE 14ANNER WHICH WILL BE MOST
COMPATIBLE WITH THE GREATEST PUBLIC GOOD, AND THE NECES-
SITY FOR THE PROPERTY TO BE ACQUIRED, SHOULD BE PRESENT
AT SAID TIME AND PLACE. PURSUANT TO SECTION 1245.235 OF
THE CODE OF CIVIL PROCEDURE, THE FAILURE TO FILE A
WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN FIFTEEN
(15) DAYS AFTER THE MAILING OF THIS NOTICE WILL RESULT
IN A WAIVER OF THE RIGHT TO APPEAR AND BE HEARD.
SECTION 4. That for further particulars, reference is made to the
proposed Resolution of Necessity, with the Exhibits
attached thereto, as on file in the Office of the City
Clerk, and to Section 1245.235 of the Code of Civil Pro-
cedure and related Sections thereto.
APPROVED and ADOPTED this 23rd day of January, 1980
ATTEST:
ITY CLE
CITY OF AN JUAN CAPISTRANO
STATE OF CALIFORNIA
KENNETH E. FRIESS, MAYOR
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA
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STATE OF CALIFORNIA J
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 fore-
going Resolution, being Resolution No. 80-1-23-20was duly
passed, approved and adopted by said City Council,' approved
and signed by the Mayor, and attested by the City Clerk,
all at a adjourned regular meeting of said City Council held
on the 23rd day of January, 1980 , and that the
same was passed and adopted by the ollowing vote, to -wit:
AYES: COUNCIL MEMBERS: Hausdorfer, Schwartze,
Thorpe, Buchheim and Mayor Friess
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Executed this 23rd day of January, 1980 , at SAN
JUAN CAPISTRANO,O,Caifornia.
(SEAL) CITY CLERy
CITY OF 9AN JUAN CAPISTRANO
STATE OF CALIFORNIA
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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 25th day of January , 1980,
she caused to be posted:
RESOLUTION NO. 80-1-23-20
being: EMINENT DOMAIN AND PUBLIC HEARING - ASSESSMENT
DISTRICT NO. 78-3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, SETTING TIME AND PLACE
FOR PUBLIC HEARING ON ADOPTION OF RESOLUTION OF
NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS
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.
CHECK LIST til_ , _13 -
ORD. NO----- ---- RES. NO.. ------
...._. t'.. Mayor has signed
.......'!�.. Clerk has signed
_L, City Seal stamped
..........`.�. All blanks typed in
"Absent.' ............ 8.. ........ .................
`Noes ...................--- --------- _.................
..
-------------- Typed in Official Record Book
.............. Posted to Cl *f' d Car s I�
------------- Copies
.............. Legal Publication ordered to be published
(date) ..............__.... -_. ' - -------
No. Affidavits ......... -------------- --------------....._.
No. Printed copies required ... .... ........ .......
Remarks ..-_-----
�Z`-/,� -4-
MARY AN ER, City Cle
San Juan Capistrano, California