Resolution Number 76-3-3-6443
RESOLUTION NO. 76-3-3-6
AUTHORIZING CONDEMNATION ACTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
THE ACQUISITION OF RIGHT OF WAY FOR PUBLIC
STREET PURPOSES BY EMINENT DOMAIN PROCEEDING
WHEREAS, the City Council of the City of San Juan
Capistrano has found and determined that the public interest and
necessity require the acquisition, construction and completion
of a public street within Tract No. 5126; and
WHEREAS, the public interest and necessity require the
acquisition, for and in connection with said public improvement,
of the real property or interests in said real property, herein-
after described as Parcels 1 and 2; and
WHEREAS, said proposed public improvement is planned
and located in a manner that will be most compatible with the
greatest public good and the least private injury; and
WHEREAS, the real property or interests in real property,
which the City of San Juan Capistrano is by this Resolution
authorized to acquire, is situated in the County of Orange, State
of California, described as follows:
Legal Description - Parcel 1
That certain property in the City of San Juan Capistrano,
County of Orange, State of California, described as follows:
Beginning at the southeastern corner of Tract 5126 as
recorded in Book 360, Pages 25 through 29 inclusive of Miscellan-
eous Maps of the County Record of the County of Orange; thence
along a line bearing NORTH 00 30' 23" EAST for a distance of
649.60 feet, said line being the easterly boundary of Tract 5126;
thence along a line bearing NORTH 890 29' 37" WEST for a distance
of 6.00 feet to the TRUE POINT OF BEGINNING; thence NORTH 00 30' 23"
EAST for a distance of 15.00 feet; thence NORTH 890 29' 37" WEST
for a distance of 20.00 feet; thence SOUTH 00 30' 23" WEST for a
distance of 15.00 feet; thence SOUTH 890 29' 37" EAST for a
distance of 20.00 feet to the TRUE POINT OF BEGINNING.
Legal Description - Parcel 2
That certain property in the City of San Juan Capistrano,
County of Orange, State of California, described as follows:
Beginning at the southeastern corner of Tract 5126 as
recorded in Book 360, Pages 25 through 29 inclusive of Miscellan-
eous Maps of the County Record of the County of Orange; thence
along a line bearing NORTH 00 30' 23" EAST for a distance of
623.40 feet, said line being the easterly boundary of Tract 5126;
thence along a line bearing NORTH 890 29' 37" WEST for a distance
of 8.00 feet to the TRUE POINT OF BEGINNING; thence NORTH 00 30' 23"
EAST for a distance of 15.00 feet; thence NORTH 890 29' 37" WEST
for a distance of 20.00 feet; thence SOUTH 00 30' 23" WEST for a
distance of 15.00 feet; thence SOUTH 890 29' 37" EAST for a
distance of 20.00 feet to the TRUE POINT OF BEGINNING.
NOW, THEREFORE, BE Ia RESOLVED that the City Attorney
be and is hereby authorized and empowered to acquire, in the name
of the City of San Juan Capistrano, in fee simple absolute, unless
a lesser estate is herein expressly described, the said real
property, described as Parcels 1 and 2, or interests in real
property, by condemnation proceeding or proceedings in accordance
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with the provisions of the Streets and Highways Code, Code of
Civil Procedure, and the Constitution of California relating to
eminent domain, and to perform and carry out all of the necessary
proceedings incident to the aforesaid acquisition including the
securing of immediate possession of the real property described
herein.
PASSED, APPROVED AND ADOPTED this 3rd day of March,
1976) by the following vote, to wit:
AYES: Councilmen Byrnes, Heckscher, Nash, Sweeney
and Mayor Weathers
NOES: None
ABSENT: None
ATTEST:
CITY CLEIja
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. 76-3-3-6, adopted by the
City Council of the City of San Juan Capistrano, California., at a
regular meeting thereof held on the 3rd day of March, 1976.
(SEAL) MARY AN HANOVER, CITY CLERK
d
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
447
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. 74-1-28-4, and on the /�day of
197 �- , she caused to be posted:
being:
RESOLUTION NO. 76-3-3-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
THE ACQUISITION OF RIGHT OF WAY FOR PUBLIC
STREET PURPOSES BY EMINENT DOMAIN PROCEEDING
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.
MARY ANN HANOVER, City Clerk
San Juan Capistrano, California