Resolution Number 66-6-13-3266
RESOLUTION NO. 66_6-13-3
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 "AIRPORT ANNEXATION";
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 10th
day of June, 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
intention to annex said territory, containing the specific boundaries of the terri-
tory 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
Capistrano is situated in the County of Orange, State of California, and is conti-
guous -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 this territory by area and by
assessed value in the territory proposed to be annexed, according to the last
preceding 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 unin-
habited 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 Sari Juan Capistrano are as follows, to wit:
267
Beginning at an angle point in the Westerly boundary of the City
of San Juan Capistrano as certified by the Secretary of State, April 19,
1961, said point being also the intersection of the Northerly line of
the Rancho Boca de la Playa with the Southeasterly right of way line of
the 50 foot wide Atchison, Topeka and Santa Fe Railway right of way, as
said intersection is shown on a map filed in Book 2, page 31 through 38,
inclusive, of Record of Surveys in the office of the County Recorder of
Orange County, California;
thence along said Westerly boundary of the City of San Juan
Capistrano and the said Southeasterly right of way lien North 320 40'
East 810 feet to the beginning of a curve, concave Southeasterly;
thence Northeasterly along said curve 1240 feet to a tangent line;
thence North 680 54' East 330 feet to the beginning of a curve
concave Northwesterly;
thence Northeasterly along said curve 450 feet to the Easterly
prolongation of the Northerly line of the Easterly portion of Lot 3 of
the Daneri Tract, as said tract is shown on a map filed in Book 2, page
22 of Record of Surveys of said Orange County;
thence leaving said Southeasterly right of way line, South 890 51'
West 450 feet, more or less, along said Easterly prolongation and North-
erly line to the Southeasterly line of the Orange County Flood Control
District San Juan Creek Channel, as described in deed recorded May 24, 1962
in Book 6120, Page 215 of Official Records of said County;
thence leaving said boundary of the City of San Juan Capistrano and
following Southwesterly along said Southeasterly line of the San Juan
Creek Channel, being a non -tangent curve concave Northwesterly and hav-
ing a radius of 1625.00 feet, a distance of 530 feet, more or less, to
a tangent line in said Southeasterly line of the San Juan Creek Channel;
thence South 680 06' 45" West along said tangent line a distance of
1636.48 feet to the beginning of a tangent curve concave Southeasterly
and having a radius of 1875.00 feet;
thence Southwesterly along said curve a distance of 1140 feet, more
or less, to an intersection with the East line of Lot 1 of Fractional
Section 14, Township 8 South, Range 8 West, San Bernardino Base and
Meridian;
thence leaving said Southeasterly line of the San Juan Creek Channel,
South 00 18' 30" East 389 feet, more or less, to the Southeast corner of
said Lot 1, said Southeast corner being also on the Northerly line of
said Rancho Boca de la Playa;
thence North 890 45' East along said Northerly Rancho line 1212.94
feet to the point of beginning.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan
Capistrano that such proposed annexation be designated as "AIRPORT 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 annexation
or filed their consents to such annexation, in writing, with the City Council.
BE IT FURTHER RESOLVED that the 25th day of July, 1966, at the hour of 6:00
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
miy file with the City Clerk a written protest against the annexation. Said protest
shall be 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 the 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
Capistrano be and he is hereby authorized and directed to cause written notice of
such proposed annexation to be mailed to each person to whom land within the terri-
tory 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 approved and
June, 1966.
ATTEST
Cit, Clerk of the City of
San Juan Capistrano
269
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, hereby
certify that the foregoing is a true and correct copy of a resolution of the City
Council of said City numbered 66-6-13-3, adopted by the City Council of said City
on the 13th day of June, 1966, and was so passed and adopted by the following stated
vote, to wit:
AYES: COUNCILMEN: OLIVARES, BUCHHEIM, FORSTER AND DURNFORD
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: BATHGATE
and was thereafter on said day signed and approved by the Mayor of said City.
Ci Clerk of the City of
San Juan Capistrano