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Resolution Number 66-4-25-4243 RESOLUTION NO. 66-4-25-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ACKNOWLEDGING RECEIPT OF A PETITION FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY TO BE KNOWN AS THE DOSS-WATKINS ANNEX- ATION; DESCRIBING THE BOUNDARIES OF THE TERRITORY PROPOSED TO BE ANNEXED AND GIVING NOTICE OF THE DAY, HOUR AND PLACE WHERE AND WHEN ANY PERSON OWNING REAL PROPERTY WITHIN SUCH TERRITORY SO PROPOSED TO BE ANNEXED MAY APPEAR BEFORE THE CITY COUNCIL AND SHOW CAUSE WHY SUCH TERRITORY SHOULD NOT BE ANNEXED TO THE CITY OF SAN JUAN CAPISTRANO WHEREAS, the City Council of the City of San Juan Capistrano did on the 25th day of April, 1966 receive a written petition asking that certain new territory described in said petition be annexed to the City of San Juan Capistrano; and WHEREAS, prior to the circulation or filing of said petition, notice of inten- tion to annex said territory, containing the specific boundaries of the territory to be annexed, was filed with the Local Agency Formation Commission; and WHEREAS, said Local Agency Formation Commission has rendered its decision, as provided in Section 54766 of the Government Code, approving said annexation; and WHEREAS, before the filing of said petition, the proposal for the annexation of the territory hereinafter described to the City of San Juan Capistrano was sub- mitted to the Local Agency Formation Commission of the County of Orange, State of California, and reported upon by said Local Agency Formation Commission with respect to the definiteness and certainty for the proposed boundaries; and WHEREAS, said territory proposed to be annexed to said City of San Juan Capis- trano is situated in the County of Orange, State of California, and is contiguous to the City of San Juan Capistrano and is uninhabited territory in words and figures as hereinafter in the Resolution described; and WHEREAS, the City Council finds from evidence and reports received that at the time of the filing and receipt of said petition, it was and now is signed by owners of not less than one-fourth (4) of the land in the territory by area and by assessed value in the territory proposed to be annexed, according to the last preced- ing equalized county assessment roll; and WHEREAS, the City Council finds from evidence and reports received and from said petition that at the time of the filing and presentation of said petition that said new territory proposed to be annexed to said City of San Juan Capistrano did not form a part of any municipal corporation and that said territory was uninhabited and is contiguous to the City of San Juan Capistrano; and WHEREAS, the City Council finds from said petition and evidence and reports received that the boundaries of the territory so proposed to be annexed to the City of San Juan Capistrano are as follows, to wit: 49X That portion of Lot 1 of Fractional Section 14, Township 8 South, Range 8 West, San Bernardino Base and Meridian, and of the North- erly 5921 Acres of that part of the Pryor Homestead Tract in the Rancho Boca De La Playa, as shown on a map recorded June 29, 1887 in Book 4, pages 118 and 119 of Patents, Records of Los Angeles County, California, which was allotted to Rosa A. de Pryor by final Decree of Partition rendered in Case No. 1210 in the Superior Court of the State of California, said lands being in the County of Orange, State of California, described as follows: Beginning at the point of intersection of the Northerly line of said Rancho Boca de la -Playa with the Easterly line of the 100 foot wide Right of Way of the Atchison, Topeka and Santa Fe Railway Company as said Right of Way is shown on a map filed in Book 2, page 33 of Records of Surveys in the office of the County Recorder of said Orange County, said point of intersection - being also the Northerly Terminus of Course 87 in the Westerly Boundary of the original Incorporation of the City of San Juan Capistrano as approved by the Secretary of State, April 19, 1961; thence South 320 40' West along said Westerly Boundary, being also the Easterly line of said Atchison, Topeka and Santa Fe Rail- way 1630.93 feet to an intersection with the Easterly prolong- ation of the Southerly line of Parcel G as shown on said Record of Survey; thence leaving the Boundary of the City of San Juan Capistrano North 800 18' West 812 feet more or less to the East- erly line of the Orange County Flood Control District, San Juan Creek channel, being 250.00 feet wide, as per Deed recorded January 3, 1963, in Book 6380, page 192 of Official Records in the office of said County Recorder; thence North 110 37' 17" East along said Easterly line 985 feet more or less to the beginning of a tangent curve concave Easterly, having a radius of 1875.00 feet, thence Northerly along said curve 730 feet more or less to the East line of said Lot 1; thence leaving the Easterly line of the San Juan Creek Channel South 00 18' 30" East along the East line of said Lot 1, a distance of 389 feet more or less to the Southeast corner thereof, said Southeast corner being also on the North line of the previously described Rancho Boca de la Playa; thence North 890 45' East along said North line 1242.66 feet to the point of beginning. The above described parcel contains 36.7 Acres more or less. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano that such proposed annexation be designated as DOSS-WATKINS ANNEXATION and that notice of such proposed annexation be hereby given as hereinafter provided. BE IT FURTHER RESOLVED that a public hearing shall be had upon the date set, not less than forty (40) nor more than sixty (60) days after the passage of this resolution, unless the owner or owners of all of the territory to be annexed have petitioned for annexation or filed their consents to such annexation, in writing, with the City Council in which event the hearing shall be set at any time after compliance with Section 35311 of the Government Code. AND BE IT FURTHER RESOLVED that the City Council does find that the owner or owners of all of the territory proposed to be annexed have petitioned for annex- ation or filed their consents to such annexation, in writing, with the City Council. BE IT FURTHER RESOLVED that the 13th day of June, 1966, at the hour of 7:30 o'clock P.M., at the City Council Chamber in the City Hall of the City of San Juan Capistrano be, and the same is hereby fixed as the day, hour and place when and where the City Council will hear protests made by any owner or owners of real property within the territory proposed to be annexed; and that at any time before the closing of said hearing on protests, any owner of property within said territory may file with 245 the City Clerk a written protest against the annexation. Said protest shall b= in writing and shall state the name of the owner of the property affected and the description and area of the property in general terms. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby authorized and directed to cause a copy of this Resolution to be published at least twice, but not oftener than once a week, in a newspaper of general circulation, published in the City, to wit: The Coastline Dispatch of San Juan Capistrano, Orange County, California; and that such publication shall be completed at least twenty (20) days prior to the date of hearing hereinabove specified. AND BE IT FURTHER RESOLVED that the City Clerk of the City of San Juan Capis- trano be and he is hereby authorized and directed to cause written notice of s-ich proposed annexation to be mailed to each person to whom land within the territory proposed to be annexed is assessed, in the last equalized county assessment roll available on the date the proceedings were initiated, at the address shown on said assessment roll or as known to said City Clerk, and to any person who has filed his name and address and the designation of lands in which he has any interest, either legal or equitable, with said Clerk; and in the event that land within the territory proposed to be annexed to the City of San Juan Capistrano is owned by a County, the City Clerk of the City of San Juan Capistrano shall also cause written notice of such proposed annexation to be mailed to the Board of Supervisors of such County. The foregoing notices shall be given not less than twenty (20) days before the first public hearing on the proposed annexation. THE FOREGOING RESOLUTION is appr 1966. AT EST t Ci Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) this 25th day of Ap:^il, San Juan Capistrano I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, hereby certify that the foregoing is a true and correct copy of a resolution of the City Council of said City numbered 66-4-25_4 adopted by the City Council of said City on the 25th day of April, 1966 and was so passed and adopted by the following vote: AYES: COUNCILMEN: BATHGATE, BUCHHEIM, FORSTER and DURNFORD NOES: COUNCILMEN: OLIVARES ABSENT: COUNCILMEN: NONE City Clerk of the City of San Juan Capistrano