Resolution Number 72-4-24-5277
RESOLUTION NO. 72-4-24-5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO DETERMINING THE NECESSITY
FOR AND DIRECTING THE ACQUISITION OF REAL PRO-
PERTY FOR STREET AND HIGHWAY PURPOSES - TRACT
NO. 7159
WHEREAS, this City Council has approved the final tract map
for Tract No. 7159 and authorized its recordation; and
WHEREAS, Rio Vista Homes, Inc., developer of the aforesaid
subdivision, is unable to convey the entire fee in and to a portion
of the public street within said subdivision known as Paseo Belardes;
and
WHEREAS, the aforesaid developer has requested the City of
San Juan Capistrano to institute proceedings in Eminent Domain to
acquire that portion of Tract 7159 described in Exhibit "A" attached
hereto and by this reference made a part hereof, for street and high-
way purposes; and
WHEREAS, said developer has agreed to pay for all acquisi-
tion costs including attorney's fees and the market value of the
property to be acquired.
NOW THEREFORE, BE IT RESOLVED that this City Council does
find and determine that:
1. The public interest and necessity require the acquisi-
tion by fee title of all that certain real property described in
Exhibit "A" which is attached hereto and by this reference made a part
hereof, by the City of San Juan Capistrano for street and highway
purposes.
2. The taking of the aforesaid real property for said uses
and purposes is necessary.
3. The uses to which said real property are to be put are
uses authorized by law;
4. The public interest and necessity require the City to
secure immediate possesion thereof.
BE IT FURTHER RESOLVED that this City Council does hereby
authorize the acquisition of the real property described in Exhibit
"A" by eminent domain; the .City Attorney be and is accordingly author-
ized and directed to institute an action in eminent domain for the
acquisition of fee title hereto and to perform and carry out all of the
necessary proceedings incident to the acquisition of said property and
in securing the immediate possession thereof.
PASSED, APPROVED and ADOPTED this 24th day of April, 1972,
by the following vote, to wit:
AYES: COUNCILMEN: WEATHERS, BYRNES, CHERMAK, GAMMELL
and THORPE
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
�. J
ATTEST: James F. Thorpe, n yor
ity Clerk of the City of
San Juan Capistrano
O
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, DONALD G. WEIDNER, City Clerk of the City of San Juan
Capistrano, California, hereby certify that the foregoing is a true
and correct copy of a resolution of the City Council of said City
numbered 72-4-24-5, adopted by the City Council on the 24th day of
April, 1972.
City Clerk