Resolution Number 74-10-2-4RESOLUTION NO. 74-10-2-4
RELATING TO ACQUISITION OF EASEMENT
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO
AUTHORIZING THE ACQUISITION OF AN
EASEMENT FOR A SEWER LINE BY EMI-
NENT DOMAIN PROCEEDINGS
WHEREAS, certain sewer line facilities are required to
be constructed in connection with the development of Tract No.
7160; and
WHEREAS, the immediate acquisition of rights of way for
said project is necessary to assure completion in October of 1974;
and
WHEREAS, the City Council of the City of San Juan Capis-
trano does find and determine that the public interest and necessi-
ty require the acquisition of all that certain real property, de-
scribed in Exhibit "A" attached hereto and made a part hereof, by
the City of San Juan Capistrano, as a perpetual easement and right
of way for sewer purposes; and
WHEREAS, the City Council further finds and determines
that: (1) the taking of the property described in Exhibit "A"
for said purposes is necessary; (2) the uses to which said pro-
perty is to be put are uses authorized by law; (3) the taking
of said property is necessary to such uses; and (4) the public
interest and necessity require the City of San Juan Capistrano to
secure immediate possession thereof.
NOW THEREFORE, BE IT RESOLVED that the public interest
and necessity require the acquisition by the City of San Juan Ca-
pistrano of a perpetual easement and right of way for sewer pur-
poses, in over, and across that certain real property situated in
the City of San Juan Capistrano, County of Orange, State of Cali-
fornia, as described in Exhibit "A" herein.
BE IT FURTHER RESOLVED that the City Council does here-
by authorize the acquisition of said real property by the City of
San Juan Capistrano, and the City Attorney be and is authorized
and directed to insitute an action in eminent domain for the acqui-
sition of a perpetual easement and right of way in, over, and across
said property, and to perform and carry out all of the necessary
proceedings incident to the acquisition of said interests and in
securing immediate possession thereof.
PASSED, APPROVED AND ADOPTED this 2nd day of October,
1974, by the following vote, to wit:
AYES: COUNCILMEN: BYRNES, HECKSCHER, SWEENEY,
WEATHERS
NOES: COUNCILMAN: NASH
ABSENT: COUNCILMEN: NONP
TTEST:
Maryhn Hanover
City Clerk
-I-
City of S n Juan Capistrano
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. 74-10-2-4 adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 2nd day of October, 1974.
(SEAL)
L
MARY AN HANOVER, City Clerk
San Jn Capistrano, California
-2-
306,114,
EXHIBIT "A"
A 10.00 foot strip of land being a portion of Parcel "O" as said parcel is
shown on a map filed in Book 2, page 31 of Record of Surveys, Records of
said County, the centerline of which is described as follows.
Beginning at a point on the Westerly boundary of Tract No. 7196 as shown on
a map thereof recorded in Book 339, pages 17 to 21 inclusive of Miscellaneous
Maps, records of said County, said point being distant 125.95 feet measured
South 16° 04' 10" West from the Northwest corner of said tract,
Thence North 750 57' 53" West 200.08 feet to a point on a line parallel with
and 10.00 feet east of the east line of that property described in Deed recorded
May 21, 1945, in Book 1313, page 457 of said Official Records,
Thence along said parallel line North 0° 16' 00" West 50.88 feet,
Thence North 84° 15' 46" West to a point on the Easterly line of an easement
deed recorded in Book 8422, page 973 of said Official Records.
The side lines of the herein described 10.00 foot strip to terminate
Southeasterly, in the boundary of said Tract 7196, and Northwesterly in
the Easterly line of last said easement deed.
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A7
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. 74-1-28-4, and on the _�-� _ day of
197 ` she caused to be posted:
being:
RESOLUTION NO. 74-10-2-4
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO
AUTHORIZING THE ACQUISITION OF AN
EASEMENT FOR A SEWER LINE BY EMI-
NENT DOMAIN PROCEEDINGS
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.
DIARY AyP TIANOVER, City Clerk
San J n Capistrano, California