Resolution Number 73-3-12-511
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RESOLUTION NO. 73-3-12-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AUTHORIZING THE ACQUI-
SITION OF RIGHTS OF WAY FOR STORM DRAIN PUR-
POSES BY EMINENT DOMAIN.
WHEREAS, the City Council of the City of San Juan Capi-
strano has heretofore approved the plans and specifications for the
proposed Assessment District No. 1973-1, and has ordered the work
to proceed; and
WHEREAS, the acquisition of certain rights of way are
necessary for the completion of the aforesaid project, and
WHEREAS, the City Council does find and determine that
the public interest and necessity require the acquisition of all
that certain real property, described in Exhibit "A" attached here-
to and made a part hereof by the City of San Juan Capistrano, as a
perpetual easement and right of way for storm drain purposes; and
WHEREAS, the City Council finds and determines that: (1)
the taking of the property described in Exhibit "A" for said pur-
poses is necessary; (2) the uses to which it is to be put are uses
authorized by law; (3) the taking of said real property is necessary
to such uses; and (4) the public interest and necessity require the
City 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 Capi-
strano of a perpetual easement and right of way for storm drain
purposes, in over, and across that certain real property situated
within the City of San Juan Capistrano, County of Orange, State of
California, as described in Exhibit "A" herein.
BE IT FURTHER RESOLVED that the City Council does hereby
authorize the acquisition of said real property by the City of San
Juan Capistrano and the City Attorney be and is hereby authorized
and directed to institute an action in eminent domain for the
acquisition of a perpetual easement and right of way in, over and
across said property, and to perform and carry out all of the neces-
sary proceedings incident to the acquisition of said interests and
in securing immediate possession thereof.
PASSED, APPROVED AND ADOPTED this 12th day of March, 1973,
by the following vote, to wit:
AYES: COUNCILMEN: BYRNES, CHERMAK, GAMMELL, THORPE,
WEATHERS
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
ayes F. Thorpe, Mayor of the
Ci y of San Juan Capistrano
ATTEST: