Resolution Number 65-9-13-2162 RESOLUTION NO. 65-9-13-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO DECLARING ITS INTENTION TO
VACATE AND ABANDON AN EASEMENT FOR PUBLIC STREET
PURPOSES UPON, ALONG, OVER AND THROUGH THE HEREIN-
AFTER DESCRIBED REAL PROPERTY: FIXING A TIME AND
PLACE FOR A HEARING THEREON: DIRECTING THE POSTING
OF NOTICES THEREOF AND THE PUBLICATION OF THIS
RESOLUTION
WHEREAS, a request has been made for the abandonment of an easement for
public street purposes upon, along, over and through the property hereinafter
described; and
WHEREAS, the City Council does elect to proceed under the provisions of the
Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the
Government Code, to abandon said public street easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan
Capistrano that it does hereby declare that it intends to vacate, abandon and close
to public use an easement for public street purposes upon, along, over and through
the following described property situated in the City of San Juan Capistrano,
County of Orange, State of California, to wit:
That portion of that certain public street described in Deed of Right
of Way to the County of Orange recorded June 23, 1936 in Book 829,
page 258, Official Records of Orange County, California, said street
being then known as Echenique Road and now known as Ganado Drive, said
portion lying Easterlyof the Northeasterly prolongation of the South-
easterly line of San Juan Creek Road as shown on Map of Tract No. 5733,
recorded in Book 211, pages 42 and 43 of Miscellaneous Maps, records of
said Orange County.
Together with the abandonment of the privilege and right to extend
drainage structures and slopes as granted by said Deed;
and that it does elect to proceed under the provisions of the Public Service
Easement Vacation Law, Title 5, Division 1, Article 5 of the Government Code; and
BE IT FURTHER RESOLVED that reference is hereby made to a map on file in the
office of the City Clerk for further particulars as to the proposed vacation,
abandonment and closing to public use of said easement; and
BE IT FURTHER RESOLVED that a time and place for hearing all persons inter-
ested in or objecting to the proposed vacation and abandonment shall be fixed not
less than fifteen (15) days from the date of the passage of this resolution. That
the 11th day of October, 1965, at 7:30 PM in the Council Chambers in the City Hall
of the City of San Juan Capistrano is hereby fixed as the time and place for a
public hearing on the matter of such vacation abandonment and closing to public
use of said easement for public street purposes, for all persons interested in or
objecting to such proposed vacation, abandonment and closing to public use to
appear and show cause, if any they have, why such easement and the use thereof
for the purposes hereinabove mentioned should not be vacated, abandoned and
closed to public use; and
BE IT FURTHER RESOLVED that notices of such proposed vacation and abandon-
ment of said easement and the use thereof for the purposes herein mentioned shall
be posted conspicuously along the line of said easement at least ten (10) days
before the date set for said hearing. Such notices shall be posted not more than
300 feet apart, and at least three (3) such notices shall be posted. Such notices
shall state the passage of this Resolution of Intention and the time and place of
the hearing upon the matter of such vacation and abandonment of said easement; and
163
BE IT FURTHER RESOLVED that proof of publication of any notice required by
this Resolution shall be made by affidavit as provided in the Code of Civil
Procedure, and proof of posting of any such notice shall be made by affidavit of
the person posting the notice, setting forth the facts regarding such posting; and
BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage of
this Resolution and shall cause the same to be published in the manner prescribed
by law, in the Coastline Dispatch, a newspaper of general circulation, printed,
published and circulated in said City of San(dsignedbyra�
n Capi n
THE FOREGOING RESOLUTION is approved a e th s�7. day of
September 1965. \ III
San Juan Capis
ATTEST:
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing resolution was passed and adopted at a regular
meeting of the City Council held on the 13th day of September, 1965, by the
following vote of the members thereof:
AYES: COUNCILMEN: CHERMAK, BATHGATE, BUCHHEIM, OLIVARES and DURNFORD
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
AND I FURTHER CERTIFY that the Mayor of the City of San Juan Capistrano
approved and signed this Resolution on the 13th day of September, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of San Juan Capistrano this 13th day of September, 1965.
City Clerk of the City of
San Juan Capistrano