Resolution Number 67-1-9-1324
RESOLUTION NO. 67_1-9-1
A RESOLURION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO AMENDING ITS RESOLUTION
NO. 66_12-19-2, DETERMINING THE NECESSITY FOR, AND
DIRECTING THE ACQUISITION BY EMINENT DOMAIN OF
CERTAIN REAL PROPERTY FOR HIGHWAY AND PUBLIC UTILITY
PURPOSES
WHEREAS, heretofore, on the 19th day of December, 1966, the City Council
of the City of San Juan Capistrano did adopt its Resolution No. 66-12-19-2 in
connection with the condemnation of certain land for highway and public utility
purposes; and
WHEREAS, the City Council finds that through mistake and inadvertance it
failed to include in said Resolution the description of the slope easements
necessary in connection with the construction of said road, and further finds
that its former Resolution No. 66-12-19-2 should be amended to include such
description.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Juan
Capistrano that it amend, and it does hereby amend its Resolution No. 66-12-19-1
to read as follows:
"WHEREAS, public convenience and necessity require the acquisition, improve-
ment and maintenance of a public improvement within the City of San Juan Capistrano,
to wit: An easement for highway and public utility purposes; and
"WHEREAS, the City Council does find and determine that public interest and
necessity require the acquisition by the City of San Juan Capistrano of that
certain real property herein described for the improvement and maintenance of an
easement for highway and public utility purposes.
"NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan
Capistrano that public interest and necessity require the acquisition of an
easement for highway and public utility purposes over, under and across that
certain real property in the City of San Juan Capistrano, County of Orange, _
State of California, more particularly descrived as follows, to wit:
"Parcel 1•
"A strip of land, 60 feet in width, over a portion of the land conveyed to
George H. Capron by Deed recorded August 22, 1955, in Book 3182, Pages 588,
589, 590 and 591 of Official Records of Orange County, California, the
centerline of said 60 foot strip of land being described as follows: Begin-
ning at a point in the Southeasterly line of the Atcheson, Topeka and Santa
Fe Railroad, said point being S 330 08' 20" W, 110.00 feet along said South-
easterly line from the intersection of said Southeasterly line with the
Northerly line of the Rancho Boca de la Playa; thence S 560 51, 40" E, 25.00
feet to the beginning of a tangent curve, concave Northerly and having a
325
radius of 300.00 feet; thence Easterly along said curve through a central
angle of 380 00' 00" a distance of 198.97 feet; thence tangent to said
curve N 850 08' 20" E, 100.00 feet to the beginning of a tangent curve,
concave Southerly and having a radius of 300.00 feet; thence Easterly along
said curve through a central angle of 400 40' 42" a distance of 212.99 feet;
thence tangent to said curve S 540 10' 58" E 297.02 feet to the centerline of
the State Highway as described in Parcel 2 of said Deed.
"Parcel 2•
"That portion of the land conveyed to George Capron by Deed recorded August
22, 1955, in Book 3182, Pages 588, 589, 590 and 591 of Official Records of
Orange County, California, described as follows: Beginning at a point in
the Southeasterly line of the Atcheson, Topeka and Santa Fe Railroad, said
point being S 330 08' 20" W, 80.00 feet along said Southeasterly line from
the intersection of said Southeasterly line with the Northerly line of the
Rancho Boca de la Playa; thence S 560 51' 40" E, 25.00 feet to a point in a
non -tangent curve Northerly and having a.radius of 300.00 feet, a radial line
of said curve through said point bearing No 250 30' 00" E; thence Easterly
along said curve through a central angle of 430 00' 00" a distance of 225.15
feet to the beginning of a reverse curve concave Southerly and having a
radius of 200.00 feet; thence Easterly along said curve through a central
angle of 390 291 08" a distance of 137.83 feet; thence tangent to said curve
S 68° 00' 52" E, 126.50'feet to the beginning of a tangent curve concave
Southerly and having a radius of 150.00 feet; thence Easterly along said
curve through a central angle of 400 00' 52" a distance of 104.76 feet;
thence S 350 49' 02" W, 60.00 feet; thence 540 10' 5811, 45.00 feet to a point
in a non -tangent curve, concave Southerly, and having a radius of32.00 feet,
a radial line of said curve through said point bearing S 300 20' 00" W;
thence Westerly along said curve through a central angle of 310 58' 39" a
distance of 178.60 feet; thence tangent to said curve S 88o 21' 21" W, 120.19
feet to the beginning of a tangent curve concave Northerly and having a
radius of 350.00 feet; thence Westerly along said curve through a central
angle of 380 08' 2911, a distance of 233.01 feet; thence N 560 51' 40" W,
25.00 feet to said Southeasterly line of the AT&SF Railroad; thence along
said Southeasterly line N 330 08' 20" E 60.00 feet to the point of beginning.
"EXCEPTING therefrom that portion of said land contained in Parcel 1 as
hereinabove described.
"BE IT FURTHER RESOLVED that the City Council does hereby find and determine
that public interest and necessity require the acquisition of said land by the
City of San Juan Capistrano for the improvement and maintenance of the aforesaid
project, and that the taking of the property hereinabove described is necessary
therefor, and that the use to which it is to be applied is a use authorized by
law and the taking of said property is necessary to such use.
"AND BE IT FURTHER RESOLVED that the acquisition of said property by the
City of San Juan Capistrano be, and it is hereby authorized and the City Attorney
be and he is hereby directed to acquire the same by an action in eminent domain,
or otherwise, for the acquisition of an easement over, under and across said
property, and to perform and carry out all of the necessary proceedings and steps
incident to the acquisition of said easement and to acquiring immediate possession
thereof."
THE FOREGOING RESOLUTION is approved
January, 1967.
ATTEST: /f
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
this 9th day 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 67-1_9_1, adopted by the City Council
on the 9th day of January, 1967, and was so passed and adopted by the following
stated vote, to wit:
AYES: COUNCILMEN: BATHGATE, BUCHHEIM, OLIVARES and DURNFORD
NOES: COUNCILMEN: NONE ��
ABSENT: COUNCILMEN: NONE ci%%�.///
Ci Clerk of the City of
San Juan Capistrano