Resolution Number 78-8-2-2RESOLUTION NO. 78-8-2-2
CONDEMNATION OF SEWERLINE EASEMENT
FOR SANITARY SEWER PURPOSES
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
AND DECLARING A NECESSITY THEREFOR (TRACT
9578 - MOGAN)
WHEREAS, the City of San Juan Capistrano desires to
acquire the necessary easement for the construction of an 8 -inch
sanitary sewer across private park land within Tract 8786 through
its power of eminent doman 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 improvements 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
1245.35 of the Code of Civil Procedures.
NOW, THEREFORE, BE IT RESOLVED that:
1. Due to the need to provide sanitary sewer service
to Tract 9578 which is a proposed residential
project of 32 units, it is in the best interest
of the public health, safety, and welfare to
construct said sanitary sewer improvements.
' 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
improvements for public use, to wit: The
construction of an 8 -inch sanitary sewer located
within a 20' wide perpetual easement crossing a
private park.
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. Said 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
Exhibit "A" for the purposes of condemning and
acquiring said properties 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
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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 2nd day of
August , 1978, by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ATTEST:
i
f
KENNETH E. FRISS, MAYOR
CITY "CI,r-
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. 78-8-2-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 2nd day of
August 1978
(SEAL)__1 ,
�g
MARY ANN 711NOVER, CITY CLERK
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EXU/81T ;q„
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. 76-12-15-10 and on the 4th day of August 1978,
she caused to be posted:
RESOLUTION NO. 78-8-2-2
being: CONDEMNATION OF SEWERLINE EASEMENT
FOR SANITARY SEWER PURPOSES
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
AND DECLARING A NECESSITY THEREFOR (TRACT
9578 - MOGAN)
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange County Public Library.
CHECK LIST
ORD. NO_.. __.. RES. NO..__._...
........`..:.. Mayor has signed
........tom.. Clerk has signed
....._71 --- City Seal stamped
........ All All blanks typed in
.Absent -H:�------.-....... _......_.......__.........
"Noes ......._ �-.-.--`--.... _-------------------------
....... Typed in Official Record Book
............. Posted to Classified Cards
------------- Copies sent
+........... ....
.............. Legal Publication or Bred to be published
(date)
No. Affidavits ------- ----- .--------- ......
No. Printed copies required ._.t..........._.-.-.
Remarks ...... `/ ------ '-C'-`------
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MARY AN H OVER, City C1 k
San Juan Capistrano, California