Resolution Number 67-4-3-2339
RESOLUTION N0. 67_4_3_2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO DETERMINING THE NECESSITY
FOR, AND DIRECTING THE ACQUISITION BY EMINENT
DOMAIN OF REAL PROPERTY FOR HIGHWAY, DRAINAGE
AND PUBLIC UTILITY PURPOSES
WHEREAS, public convenience and necessity require the acquisition of certain
real property within the City of San Juan Capistrano for the following purposes,
to wit: highway, drainage and public utility purposes; and
WHEREAS, the City Council does find and determine that public interest and
necessity require the acquisition of title to all that certain real property
herein described by the City of San Juan Capistrano for highway, drainage 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 title to
that certain real property situated in the City of San Juan Capistrano, County of
Orange, State of California, more particularly described as follows, to wit:
PARCEL ONE:
An easement for highway, drainage and public utility purposes in,
over, under and across the following described property in the City of
San Juan Capistrano, County of Orange, State of California, more
particularly described as follows:
That portion of Section 13, Township 8 South, Range 8 West,
in the County of Orange, State of California described as follows:
Beginning at a point in the Northerly line of the Rancho Boca
de la Playa, said point being S 891 45' 00" W 147.00 feet from the
intersection of said Northerly line with the Westerly line of the
Atchison, Topeka and Santa Fe Railway Co. right of way; thence along
said Northerly line N 890 45' 00" E 147.00 feet to said intersection;
thence along said Westerly right of way line, S 330 08' 20" W 74.09
feet; thence N 60° 02' 12" W, 122.93 feet to the point of beginning;
being 4,548 square feet or 0.104 acres, more or less.
PARCEL TWO:
An easement for highway, drainage and public utility purposes
in, over, under and across the following described property in the
City of San Juan Capistrano, County of Orange, State of California,
more particularly described as follows:
That portion of Section 14, Township 8 South, Range 8 West,
in the County of Orange, State of California, described as follows:
Beginning at the intersection of the Northerly line of the
Rancho Boca de la Playa with the Easterly line of said Section 14;
thence Westerly along said Northerly line, 198.09 feet to a point
in the Easterly line of the Orange County Flood Control District
right of way; thence Northerly along said right of way line to a
line parallel with and distanct 30.00 feet, measured at right angles
from said Northerly line; thence Easterly along said parallel line
to said Easterly line of Section 14; thence Southerly along said
Easterly line to the point of beginning.
PARCEL THREE:
An easement for highway, drainage and public utility purposes
in, over, under and across the following described property in the
City of San Juan Capistrano, County of Orange, State of California,
more particularly described as follows:
340
That portion of Section 13, Township 8 South, Range 8 West,
in the County of Orange, State of California, described as follows:
Beginning at the intersection of the Northerly line of the Rancho
Boca de la Playa with the Westerly line of said Section 13; thence
Southerly along the Southerly prolongation of said Westerly line of
said Section 13 to a line parallel with and distant 10 feet, measured
at right angles to said Northerly line of said Rancho Boca de la Playa;
thence Easterly along said parallel line to the Southwesterly line of
Parcel One, described herein; thence Northwesterly along said Southwesterly
line of said Parcel One to its intersection with the Northerly line of
said Rancho Boca de la Playa; thence Westerly along said Northerly line
to the point of beginning.
BE IT FURTHER RESOLVED that the City Council does hereby find and determine
that public interest and necessity require the acquisition of title to said land
by the City of San Juan Capistrano for the aforesaid purposes, and that the taking
of the property hereinabove described is necessary therefor and the uses to which
it is to be put are uses authorized by law, and the taking of said property is
necessary to such uses.
BE IT FURTHER RESOLVED that the City Council authorize and it does hereby
authorize the acquisition of title to said property by the City of San Juan Capis-
trano, and that the City Attorney be and he is hereby authorized and directed to
institute an action in eminent domain for the acquisition of title to said property,
and to perform and carry out all of the necessary proceedings and steps incident
to the acquisition of said title to said property and to obtaining immediate
possession thereof.
THE FOREGOING RESOLUTION is approved and
1967.
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
3rd day of April,
San Juan Caifistrano
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 67-4-3-2, adopted by the City Council of said City
on the 3rd day of April, 1967, and was so passed and adopted by the following
stated vote, to wit:
AYES: COUNCILMEN: CHERMAK, BATHGATE, OLIVARES and DURNFORD
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: BUCHHEIM
and was thereafter on said day signed and approved by the Mayor of said ity.
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City Clerk