Resolution Number 67-4-24-6351
RESOLUTION NO. 67-4-24-6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA,
DECLARING ITS INTENTION TO ORDER THE CONSTRUC-
TION OF SANITARY SEWER IMPROVEMENTS AND APPURTE-
NANCES AND ALL APPURTENANT WORK IN "ASSESSMENT
DISTRICT NO. 66-1" IN THE CITY OF SAN JUAN
CAPISTRANO; DECLARING THE WORK AND IMPROVEMENT
TO BE MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT,
AND DESCRIBING THE DISTRICT TO BE BENEFITED BY
SAID WORK AND IMPROVEMENT AND TO PAY THE COSTS
AND EXPENSES THEREOF; AND FIXING THE TIME AND
PLACE FOR THE HEARING OF OBJECTIONS TO SAID WORK
AND IMPROVEMENT
WHEREAS, the City Council of the City of San Juan Capistrano, Orange County,
California, proposes to take proceedings pursuant to the provisions of the "Improve-
ment Act of 191111, being Division 7 of the Streets and Highways Code of the State
of California, for the construction of certain sanitary sewer improvements and
appurtenances and all appurtenant work; and
WHEREAS, the City Council adopted Resolution No. 67-4-25-5 finding that the
construction of said improvements is necessary as a health measure and that pro-
ceedings under the Special Assessment, Investigation, Limitation and Majority
Protest Act of 1931 is not required;
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, Orange
County, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
Section 1. That the public interest and convenience require, and it is the
intention of the City Council of the City of San Juan Capistrano to order the
following work to be done or improvement to be made in the City of San Juan
Capistrano, to wit:
The construction of sanitary sewers, appurtenances and appurtenant work in
a portion of
CAMINO DEL AVION
commencing at a point approximately 50 feet East of Via Del Amo to the intersection
with Alipaz Street, in a portion of
ALIPAZ STREET
from Camino Del Avion to a point approximately 700 feet North of Del Obispo Street,
in portions of
as follows:
DEL OBISPO STREET
(i) northerly for a distance of approximately 273.85 feet
from a point on the southern boundary of Tract No. 318 as
recorded in Book 14, page 39 of Miscellaneous Maps;
(ii) from a point approximately 500 feet southwest of the
intersection with Aguacate Road southeasterly along Del Obispo
Street to a distance of approximately 1900 feet;
(iii) from the intersection of Aguacate Road a distance of
approximately 1040 feet southeasterly along Del Obispo Street;
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in portions of
as follows:
AGUACATE ROAD
(i) from the intersection of Del Obispo Street northwesterly
approximately 500 feet;
(ii) northerly for a distance of approximately 335 feet
commencing at a point in said Road approximately 1850 feet
northerly of the intersection with Del Obispo Street;
in various Easements adjoining and in the vicinity of the aforementioned streets,
said Easements being more particularly described as follows:
1. A strip of land 20.00 feet wide over that portion of Lot 7
of Tract No. 318, as shown on a map recorded in Book 14, page
39 of Miscellaneous Maps, the Northeasterly line of said
strip described as follows:
Beginning at a point in the Northeasterly line of said Lot
distant Northwesterly thereon 566.64 feet from the most
Easterly corner of said Lot 7; thence Northwesterly along said
Northeasterly line and Northwesterly prolongation thereof
575.33 feet.
2. A strip of land 30.00 feet wide over that portion of Lot 7
of Tract No. 318, as shown on a Map recorded in Book 14,
page 39 of Miscellaneous Maps, the Westerly and Southwesterly
line described as follows:
Beginning at a point in the Northwesterly line of said Lot,
distant Northwesterly thereon 566.64 feet from the most
Easterly corner of said Lot 7; thence South 210 54' 00" West
106.14 feet; thence South 90 51' 00" East 424.66 feet; thence
South 430 59' 00" East 111.43 feet to the Northwesterly line
of McKinley Avenue.
3. A strip of land 20.00 feet wide over that portion of Lot 7 of
Tract No. 318, as shown on a map recorded in Book 14, page 39
of Miscellaneous Maps, the Southwesterly line of said strip
described as follows:
Beginning at a point in the Northeasterly line of said Lot,
distant Northwesterly thereon 1393.94 feet from the most Easterly
corner of said Lot; thence Northwesterly along the Northwesterly
prolongation of said Northeasterly line 331.95 feet.
4. A strip of land of varying width over those portions of Lots
63 and 64 of Tract No. 103, as shown on a Map recorded in Book
11, page 31 of Miscellaneous Maps, the Northerly line of said
strip described as follows:
Beginning at the intersection of the Easterly line of McKinley
Avenue, with a line parallel with and distant Northerly 20.00
feet, measured at right angles from the Southerly line of said
Lot 64; thence Southeasterly along said parallel line to a
line parallel with and distant Northerly 15.00 feet measured
at right angles from the Southerly line of said Lot 64; thence
along said last mentioned parallel line to the Westerly line of
River Street, 20.00 feet wide.
5. An easement over the Northeasterly 15.00 feet of Lots 63 and
64 of Tract No. 103, as shown on a Map recorded in Book 11,
page 31 of Miscellaneous Maps.
Except from Lot 64 the Northwesterly 145.06 feet thereof,
measured along the Northeasterly line thereof.
6. A strip of land 20.00 feet wide, over that portion of Lot 65
of Tract No. 103, as shown on a Map recorded in Book 11, page 31
of Miscellaneous Maps, the Southwesterly line described as
follows:
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Beginning at the most Southerly corner of the land described
in Deed to Charles I. Vermeulen and wife, recorded July 11, 1963
in Book 6625, page 784 of Official Records; thence along the
Southwesterly line of the land described in said Deed North 290
37' West 204.17 feet; thence North 390 47' 40" West 210.00 feet.
7. A strip of land 15.00 feet wide, over that portion of Lot 66 of
Tract No. 103, as shown on a Map recorded in Book 11, page 31 of
Miscellaneous Maps, the Southerly line described as follows:
Beginning at a point in the Westerly line of said Lot, distant Northerly
thereon 177.24 feet from the Southwesterly corner of said Lot 66;
thence South 53° 51' East 142.03 feet to the Westerly line of
McKinley Avenue.
8. A strip of land 15.00 feet wide over that portion of Lot 65 of
Tract No. 103, as shown on a Map recorded in Book 11, page 31 of
Miscellaneous Maps, the Easterly line described as follows:
Beginning at a point in the Easterly line of said Lot, distant
Northerly thereon 177.24 feet from the Southwesterly corner of
Lot 66 of said Tract; thence continuing Northerly along said
Easterly line 139.00 feet.
9. An easement over the Northeasterly 15.00 feet of Lot 67 of Tract
No. 103, as shown on a Map recorded in Book 11, pages 29 to 33
inclusive of Miscellaneous Maps.
10. An easement over the Southerly 15.00 feet of the Easterly 735.40
feet of Lot 1 of Daneri Tract, as shown on a Map recorded in
Book 2, page 22 of Record of Surveys, records of Orange County,
California.
11. An easement over the Southerly 15.00 feet of the Easterly 20.00
feet of Lot "M", as shown on a Map recorded in Book 2, page 38
of Record of Surveys in the office of the County Recorder of
Orange County, California.
12. A strip of land 15.00 feet wide, over that portion of Lot 1 of
Daneri Tract, as shown on a Map recorded in Book 2, page 22 of
Record of Surveys, records of Orange County, California, the
Easterly and Northeasterly lines described as follows:
Beginning at a point in the Southerly line of said Lot 1; distant
Westerly thereon 510.40 feet from the Southeast corner of said
Lot; thence North 3° 11' 12" West 204.26 feet; thence North 420
40' 30" West 407.55 feet.
13. An easement over the Southerly 15.00 feet of the Easterly 480.00
feet of Lot 2 of Daneri Tract, as shown on a Map recorded in Book
2, page 22 of Record of Surveys, records of Orange County, California.
14. A strip of land 20.00 feet wide, over that portion of the South-
west quarter of Section 12, Township 8 South, Range 8 West, SSB&M,
the Easterly line of said strip being described as follows:
Beginning at the intersection of the Southerly line of Camino
Del Avion 40.00 feet wide, as shown on a Map of Tract 6038,
recorded in Book 221, page 28 of Miscellaneous Maps, records of
said County, with the Easterly line of the Southwest quarter of
the Southwest quarter of said Section 12, said point being distant
Easterly along said Easterly line 956.88 feet from the Easterly
line of said Tract; thence Southerly along the Easterly line of
said Southwest quarter of the Southwest quarter to the Northerly
right of way line of the Orange County Flood Control District,
recorded in Book 6173, page 614 of Official Records.
15. An easement over the Westerly 20.00 feet of the Northwest quarter
of the Southeast quarter of Section 12, Township 8 South, Range 8
West, lying Northerly of the land described in Deed to the Orange
County Flood Control District.
16. An easement over that portion of Lot 62 of Tract No. 103, as shown
on a Map recorded in Book 11, page 31 of Miscellaneous Maps, records
of said County, described as follows:
17. An easement over the Southwesterly 20.00 feet of Lots 4 and 5 of
Tract No. 318, as shown on a Map recorded in Book 14, page 39 of
Miscellaneous Maps, records of said County.
18. An easement over the Southwesterly 20.00 feet of the Southeasterly
20.00 feet of Lot 3 of Tract No. 318, as shown on a map recorded
in Book 14, page 39 of Miscellaneous Maps records of said County.
19. An easement over the Southeasterly 10.00 feet of the Northwesterly
185.00 feet of the Southwesterly 490.00 feet of Lot 4 of Tract No.
318, as shown on a Map recorded in Book 14, page 39 of Miscellaneous
Maps, records of said County, measured along the Northwesterly
and Southwesterly lines of said Lot 4.
20. An easement over the Northwesterly 10.00 feet of the Southwesterly
420.00 feet of Lot 5 of Tract No. 318, as shown on a Map recorded
in Book 14, page 39 of Miscellaneous Maps, records of said County,
measured along the Northwesterly and Southwesterly lines of said
Lot 5.
21. An easement over the Southeasterly 10.00 feet of the Northwesterly
412.92 feet of the Southwesterly 520.00 feet of Lot 5 of Tract No.
318, as shown on a Map recorded in Book 14, page 39 of Miscellaneous
Maps, records of said County, measured along the Northwesterly and
Southwesterly lines of said Lot 5.
22. An easement over the Northeasterly 15.00 feet of Lots 3, 4 and 5
of Tract No. 318, as shown on a Map recorded in Book 14, page 39
of Miscellaneous Maps, records of said County.
Except from Lot 3 the Northwesterly 345.99 feet, measured along
the Northeasterly line of said Lot 3.
23. A strip of land 15.00 feet wide, over that portion of Lot 1 of
Tract No. 318, as shown on a Map recorded in Book 14, page 39 of
Miscellaneous Maps, records of said County, the Southwesterly line
of said strip being described as follows:
Beginning at a point in the Southwesterly line of said Lot 1,
distant North 470 03' 00" West 12.00 feet thereon from the South-
east corner of said Lot 1; thence along the Southwesterly boundary
of said Lot the following courses and distances: North 470 03'
West 132.00 feet; North 40 24' East 163.50 feet; North 330 36' _
West 189.00 feet; to an angle point in said Southwesterly line
hereinafter referred to as point "A"; thence continuing along the
Southwesterly line North 610 29' West 343.00 feet.
24. A strip of land 15.00 feet wide over that portion of Lot 1 of
Tract No. 318, as shown on a Map recorded in Book 14, page 39 of
Miscellaneous Maps, records of said County, the Northwesterly
line of said strip being described as follows:
Beginning at point "A" of Parcel 23 above; thence North 330
East 138.00 feet to point "B".
25. A strip of land 15.00 feet wide over that portion of Lot 1 of
Tract No. 318, as shown on a Map recorded in Book 14, page 39 of
Miscellaneous Maps, records of said County, the Easterly and
Southeasterly line described as follows:
Beginning at point "B" of Parcel 24 above; thence North 20o 41'
West 2499.00 feet; thence North 420 12' West 48.00 feet; thence
North 410 45' 07" East 148.83 feet; thence North 420 12' West
274.32 feet.
Beginning at a point in the Southerly line of said Lot 62, distant
North 890 52' 30" East 321.00 feet from an angle point in the
Southerly line of said Lot; said point also being the center of
Section 12, Township 8 South, Range 8 West; thence Northerly along
the Westerly line of the Northeast quarter of said Section 12, a
distance of 20.00 feet; thence Easterly parallel with the Southerly
line of said Lot 62, a distance of 15.00 feet; thence Southerly
parallel with the Westerly line of said Northeast quarter 20.00
feet to the Southerly line of said Lot 62; thence along said
Southerly line, South 890 52' 30" West 15.00 feet to the point of
beginning.
17. An easement over the Southwesterly 20.00 feet of Lots 4 and 5 of
Tract No. 318, as shown on a Map recorded in Book 14, page 39 of
Miscellaneous Maps, records of said County.
18. An easement over the Southwesterly 20.00 feet of the Southeasterly
20.00 feet of Lot 3 of Tract No. 318, as shown on a map recorded
in Book 14, page 39 of Miscellaneous Maps records of said County.
19. An easement over the Southeasterly 10.00 feet of the Northwesterly
185.00 feet of the Southwesterly 490.00 feet of Lot 4 of Tract No.
318, as shown on a Map recorded in Book 14, page 39 of Miscellaneous
Maps, records of said County, measured along the Northwesterly
and Southwesterly lines of said Lot 4.
20. An easement over the Northwesterly 10.00 feet of the Southwesterly
420.00 feet of Lot 5 of Tract No. 318, as shown on a Map recorded
in Book 14, page 39 of Miscellaneous Maps, records of said County,
measured along the Northwesterly and Southwesterly lines of said
Lot 5.
21. An easement over the Southeasterly 10.00 feet of the Northwesterly
412.92 feet of the Southwesterly 520.00 feet of Lot 5 of Tract No.
318, as shown on a Map recorded in Book 14, page 39 of Miscellaneous
Maps, records of said County, measured along the Northwesterly and
Southwesterly lines of said Lot 5.
22. An easement over the Northeasterly 15.00 feet of Lots 3, 4 and 5
of Tract No. 318, as shown on a Map recorded in Book 14, page 39
of Miscellaneous Maps, records of said County.
Except from Lot 3 the Northwesterly 345.99 feet, measured along
the Northeasterly line of said Lot 3.
23. A strip of land 15.00 feet wide, over that portion of Lot 1 of
Tract No. 318, as shown on a Map recorded in Book 14, page 39 of
Miscellaneous Maps, records of said County, the Southwesterly line
of said strip being described as follows:
Beginning at a point in the Southwesterly line of said Lot 1,
distant North 470 03' 00" West 12.00 feet thereon from the South-
east corner of said Lot 1; thence along the Southwesterly boundary
of said Lot the following courses and distances: North 470 03'
West 132.00 feet; North 40 24' East 163.50 feet; North 330 36' _
West 189.00 feet; to an angle point in said Southwesterly line
hereinafter referred to as point "A"; thence continuing along the
Southwesterly line North 610 29' West 343.00 feet.
24. A strip of land 15.00 feet wide over that portion of Lot 1 of
Tract No. 318, as shown on a Map recorded in Book 14, page 39 of
Miscellaneous Maps, records of said County, the Northwesterly
line of said strip being described as follows:
Beginning at point "A" of Parcel 23 above; thence North 330
East 138.00 feet to point "B".
25. A strip of land 15.00 feet wide over that portion of Lot 1 of
Tract No. 318, as shown on a Map recorded in Book 14, page 39 of
Miscellaneous Maps, records of said County, the Easterly and
Southeasterly line described as follows:
Beginning at point "B" of Parcel 24 above; thence North 20o 41'
West 2499.00 feet; thence North 420 12' West 48.00 feet; thence
North 410 45' 07" East 148.83 feet; thence North 420 12' West
274.32 feet.
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26. A strip of land 20.00 feet wide over that portion of Lot 1 of
Tract No. 318, as shown on a Map recorded in Book 14, page 39 of
Miscellaneous Maps, records of said County and over that portion
of Lot N, as shown on a Map recorded in Book 2, page 38 of Records
of Surveys, records of said County, included within a strip of
land 15.00 feet wide; the Northeasterly and Northwesterly lines
of said strip being described as follows:
Beginning at a point in the Southeasterly prolongation of the
Northeasterly line of said Lot 1, distant South 570 25' East
166.59 feet thereon from the most Easterly corner of said Lot 1;
thence along said prolongation and said Northeasterly line North
570 25' 00" West 473.09 feet to an angle point in said North-
easterlylline; thence continuing along said Northeasterly line
North 370 50' West 669.42 feet to the most Northerly corner of
said Lot 1; thence along the Northwesterly line of said Lot
South 471 48' West 351.85 feet.
27. A stripof land 20.00 feet wide, over that portion of Lot 9 in
Block 2, San Juan Capistrano Townsite, as shown on a Map recorded
in Book 3, page 120 of Miscellaneous Records of Los Angeles County,
California, the centerline thereof being described as follows:
Beginning at a point in the centerline of McKinley Avenue, as
described in Deed to County of Orange, recorded September 10, 1930
in Book 418, page 276 of Official Records, distant South 690 02'
30" East 117.86 feet from the most Westerly corner of said Lot 9;
thence North 200 59' 40" East 219.37 feet to the beginning of a
tangent curve concave Westerly having a radius of 200.00 feet;
thence Northerly along said curve through a central angle of 230
05' 00" an arc distance of 80.58 feet; thence tangent to said curve
North 2° 05' 20" West 283.48 feet to the beginning of a tangent
curve concave Westerly having a radius of 500.00 feet; thence
Northerly along said curve through a central angle of 70 54' 40"
an arc distance of 69.04 feet; thence tangent to said curve North
100 00' 00" West 105.59 feet to point "A".
28. A strip of land 10.00 feet wide over that portion of Lot 9 in
Block 2, San Juan Capistrano Townsite, as shown on a Map recorded
in Book 3, page 120 of Miscellaneous Records of Los Angeles
County, the centerline thereof being described as follows:
Beginning at point"A" of the above described Parcel 27; thence
Northeasterly in a direct line to a point in a line parallel with
and distant Northerly 40.00 feet, measured at right angles from
a line that extends South 840 40' West from a point in the Easterly
line of said Lot 9, distant Southerly thereon 207.50 feet from the
Northeast corner of said Lot 9; thence North 300 23' 05" West
125.34 feet to point "B".
29. A strip of land 20.00 feet wide over that portion of Lot "N" of
San Juan Capistrano and vicinity, as shown on a Map filed in Book
2, pages 31 to 37 inclusive of Record of Surveys, records of said
County and over that portion of Lot 9 in Block 2, San Juan Capis-
trano Townsite, as shown on a Map recorded in Book 3, page 120 of
Miscellaneous Records of Los Angeles County, California, the center-
line thereof being described as follows:
Beginning at point "B" of the above described Parcel 28; thence
continuing North 300 23' 05" West 15.00 feet; thence North 860 03'
14" West 93.14 feet; thence North 650 22' 50" West 210.72 feet;
thence North 240 37' 10" East 611.50 veet; thence North 650 22' 50"
West 202.86 feet to a line parallel with and distant Northwesterly
5.00 feet; measured at right angles from the centerline of Aguacate
Road.
30. A strip of land of varying width over those portions of Lots 5, 6
and Lot C of Tract No. 318, as shown on a Map recorded in Book 4,
page 39 of Miscellaneous Maps, and that portion of Lot 72, as shown
on a Map filed in Book 2, page 37 of Record of Surveys, records of
said County, described as follows:
Beginning at a point in the centerline of McKinley Avenue, 40.00
feet wide, as shown on said last mentioned Map distant North 34°
356
04'East 223.43 feet thereon from the Southeasterly prolongation
of the Southwesterly;line of said Lot 72; thence North 510 34'
West 562.50 feet; thence Northwesterly in a direct line to a point
in the Southwesterly line of said Lot 5, distant Southeasterly
thereon 402.92 feet from the most Westerly corner of said Lot 5;
thence North 240 40' 00" East 20.22 feet to a line parallel with
and distant Northeasterly 20.00 feet, measured at right angles,
from the Southwesterly line of said Lot 5; thence Southeasterly
in a direct line to a line parallel with and distant Northeasterly
25.00 feet, measured at right angles from the above course recited
as North 510 34' West; thence along said last mentioned parallel
line South 51° 34' East to the centerline of said McKinley Avenue,
now known as Del Obispo Street; thence along said centerline South
34° 04' West 25.07 feet to the point of beginning.
Excepting therefrom that portion thereof included within the lines
of said McKinley Avenue.
31. A strip of land 15.00 feet wide over those portions of Lot "N"
and Lot 72, as shown on a Map filed in Book 2, pages 30 to 38
inclusive of Records of Surveys, records of said County, the
Northeasterly line described as follows:
Beginning at a point in the centerline of McKinley Avenue, 40.00
feet wide, as shown on said last mentioned Map distant North 34°
04¢ East 745.45 feet; thence North 560 16' 00" West 273.00 feet.
32. A strip of land 15.00 feet wide over those portions of Lots 69,
70 and 73, as shown on a Map filed in Book 2, pages 1 to 38 in-
clusive of Records of Surveys, records of said County, the Easterly
and Northeasterly lines described as follows:
Beginning at the intersection of the centerline of McKinley Avenue,
with the Northerly prolongation of the Westerly line of said Lot
74; thence along said prolongation and said Westerly line South
210 59' West to angle point in said Westerly line; thence leaving
said Westerly line and continuing South 210 59' West to the North-
westerly prolongation of the Southwesterly line of said Lot 74;
thence along said prolongation and said Southwesterly line, South
670 22' East to the Northwesterly line of Alipaz Street, formerly
River Street, being the Northeast corner of Lot 17 in Block 2 of
the Townsite of San Juan Capistrano, as shown on a Map recorded
in Book 3, pages 120 to 125 of Miscellaneous Records of Los
Angeles County, California.
Excepting therefrom that portion included within the lines of said
McKinley Avenue.
34. A strip of land 15.00 feet wide over that portion of the Southwest
quarter of the Southwest quarter of Section 1, Township 8 South,
Range 8 West, SSB&M, the Northerly line of said strip lying parallel
with and distant 10.00 feet Northerly and the Southerly line paral-
lel with and distant 5.00 feet Southerly, measured at right angles
from the following described line:
Beginning at a point in the centerline of Del Obispo Street, dis-
tant South 69° 02' 30" East 0.96 feet from the intersection of
said centerline with the Easterly line of the Southwest quarter of
said Southwest quarter; thence North 690 02' 30" West 0.96 feet
to the beginning of a tangent curve concave Southerly having a
radius of 300.00 feet; thence Westerly along said curve through a
central angle of 190 14' 23" an arc distant of 100.74 feet; thence
leaving said centerline, North 600 18' 23" West 201.44 feet; thence
North 110 02' 29" West 58.00 feet to the true point of beginning;
thence North 650 00' 00" West 271.00 feet to point "A"; thence
Northwesterly in a direct line to a point in the Southeasterly
line of Lot 5 of said Tract No. 318, distant Southerly thereon
10.00 feet from the most Easterly corner of said Lot 5.
The side lines of said strip of land are to be lengthened or short-
ened so as to terminate Easterly at the Southwesterly line of Lot
"B" of said Tract No. 318 and Westerly at the Southeasterly line
of said Lot 5.
357
35. A strip of land 15.00 feet wide over that portion of the South-
west quarter of the Southwest quarter of Section 1, Township 8
South, Range 8 West, SSB&M, and over portion of Lot 9 of Tract
No. 318, as shown on a Map recorded in Book 14, page 39 of
Miscellaneous Maps, records of said County, lying 10.00 feet
Easterly and 5.00 feet Westerly, measured at right angles from
the following described line:
Beginning at point "A" of the above described Parcel 34; thence
Northerly in a direct line to a point in a line that extends North
490 13' 00" East from the most Easterly corner of Lot 5 of said
Tract No. 318, said point being a point in a line parallel with
and distant Southwesterly 28.00 feet measured at right angles from
the Southwesterly line of Lot "B", of said Tract No. 318; thence
Northerly along said parallel line to a line that extends Westerly
at right angles from that certain course in the Westerly line of
said Lot "B" shown on said Map as having a bearing of South 120
52' East; thence Northerly in a direct line to a point in the
Northeasterly line of said Lot 9, distant North 470 03' West
22.53 feet thereon from the most Easterly corner of said Lot 9.
in that certain Easement from Del Obispo Street to Oso Road more particularly
described as follows:
Within a strip of land 50.00 feet wide over those portions of
Lots 82, 83, 84 and 86, as shown in Book 2, page 34 of Record of
Surveys, records of said County; the Southwesterly line of said.
strip of land being parallel with and distant Southwesterly 50.00
feet, measured at right angles from the Southwesterly line of a
strip of land 170.00 feet wide, numbered "Parcel L2_104" of the
land described in that certain Final Order of Condemnation recorded
March 20, 1963 in Book 6474, page 253 of Official Records; then
Within a strip of land 50.00 feet wide over that portion of Parcel
"O" as shown on a Map recorded in Book 2, pages 31 to 38 of Record
of Surveys, records of said Orange County; the Southwest line of
said strip of land being parallel with and distant Southwesterly
50.00 feet, measured at right angles from the Southwesterly line
of a strip of land 170.00 feet wide, numbered "Parcel L2-104" of
the land described in that certain Final Order of Condemnation
recorded March 20, 1963, in Book 6474, page 253 of Official Records.
The side lines of said strip of land are to be lengthened or
shortened so as to terminate Southerly at the Northeasterly pro-
longation of the Westerly line of Lot 82 of the above mentioned.
Map which has a bearing of North 180 59' 00" East and terminate
Northerly at a line described as follows:
Beginning at the intersection of the Westerly line of the above
mentioned strip of land 170.00 feet wide with the Southerly line
of the land described in Deed to Carl M. Loftis and others, recorded
August 26, 1960 in Book 5391, page 118 of Official Records, thence
along said last mentioned strip of land, South 260 54' 18" East
460.00 feet to the true point of beginning; thence South 220 05'
42" West to a line parallel with and distant Westerly 50.00 feet
measured at right angles from the above mentioned strip of land
170.00 feet wide; then
Over that portion of Parcel "O" as shown on a Map filed in Book 2,
page 31 to 38 inclusive of Record of Surveys, records of said.
Orange County, described as follows:
Beginning at the intersection of the Easterly line of a strip of
land 170.00 feet wide numbered "Parcel L2_104" of the land described
in that certain Final Order of Condemnation, recorded March 20, 1963,
in Book 6474, page 253 of Official Records, with the Southerly line
of Parcel 1 of the land described in Deed to Carl M. Loftis and
others recorded August 26, 1960 in Book 5391, page 118 of Official
Records, said Southerly line is cited in said Parcel 1 as "South
730 59' West 296.20 feet"; thence along said Southerly line North
730 59' East to the most Easterly corner of said Parcel 1; thence
along the Southerly prolongation of the Easterly line of the land
described in said Deed South 25° 53' 00" East 74.00 feet; thence
358
South 030 33' 00" East to the Easterly line of the strip of land
170.00 feet wide; thence Northwesterly along said last mentioned
Easterly line to the Point of Beginning; then
Within a strip of land 30.00 feet wide over the Northwest quarter
of Section 1, Township 8 South, Range 8 West, SBB&M, over that
portion of Parcel 0, as shown on a Map recorded in Book 2, page
31 of Record of Surveys, lying 10.00 feet Northeasterly and 20.00
feet Southwesterly, measured at right angles from a line described
as follows:
Beginning at a point in the Southerly line of the land, described
in Deed to Carl M. Loftis and others recorded August 26, 1960 in
Book 5391, page 118 of Official Records, distant South 730 59' West
10.15 feet from the Easterly terminus of that certain course in
the Southerly boundary of the land described in said Deed cited as
"South 730 59' West 296.20 feet"; thence parallel with the Easterly
line of the land described in said. Deed, North 250 53' 00" East
502.86 feet to the beginning of a tangent curve concave Easterly
having a radius of 900.00 feet; thence Northerly along said curve
through a central angle of 330 26' 50" an arc distance of 561.00
feet.
The side lines of said strip of land are to be lengthened or short-
ened so as to terminate Southerly at the above described Southerly
line and Northerly at a line that extends Easterly at right angles
from a point in a line in the Easterly boundary of the land des-
cribed in said Deed to Loftis, said line is cited in said Deed as
"South 24.0 08' 00" West 292.40 feet"; said point being distant
South 240 08' 00" West 100.00 feet from the Northerly terminus
of the above cited line; then
Over that portion of the Northwest quarter of Section 1, Township
8 South, Range 8 West, SBB&M, described as follows:
Beginning at the Northerly terminus of that certain course cited
in Parcel 1 in said Deed to Carl M. Loftis as "South 240 08' 00"
West 292.40 feet"; thence South 240 08' 00" West 100.00 feet;
thence at right angles South 650 52' 00" East to Northeast corner
of Parcel 37, described above; thence Northerly in a direct line
to the point of beginning; then
Within a strip of land 30.00 feet wide over that portion of the
Northwest quarter of Section 1, Township 8 South, Range 8 West
and over the Southwest quarter of Section 36, Township 7 South,
Range 8 West, the Easterly line of said strip of land described.
as follows:
Beginning at the Southerly terminus of that certain course in the
Easterly line of Parcel 1 of the land described in Deed to Carl M.
Loftis and others recorded. August 26, 1960 in Book 5391, page 118
of Official Records, cited therein as "South 00 29' East 410.60
feet"; thence North 60 05' 00" West 324.00 feet; thence Northerly
in a direct line to a point in a line that extends North 760 59' —
40" East 170.00 feet from the Southerly terminus of that certain
course in the Westerly line of the land described in Deed to Nancy
Swanstrom, a widow, recorded May 27, 1944 as document No. 15909 of
Official Records, cited therein as "North 160 57' West 842.63
feet"; thence Northerly in a direct line that passes through the
Easterly terminus of that certain course in the Northerly line of
the land described in said. Deed to Swanstrom, cited therein as
"North 700 05' 00" East 242.30 feet"; and intersects the South-
erly line of that certain Parcel of land described as Parcel 1
in a Deed recorded in Book 596, page 50 of Deeds, records of
said County.
The side lines of said strip of land are to be lengthened or shortened
so as to terminate Southerly at a line that extends South 240 08'
00" West from the Southeast corner of said strip of land and termi-
nates Northerly at a line parallel with and distant Southerly 20.00
feet, measured at right angles from the Southerly line of said, last
mentioned Parcel 1;
in that certain Easement in a portion of
578W. -To Me
more particularly described as
35 9
A strip of land 20.00 feet wide over that portion of the North-
west quarter of Section 1, Township 8 South, Range 8 West, the
Southerly line of said strip described as follows:
Beginning at the most Northerly corner of Parcel Q as shown
on a Map recorded in Book 2, page 31 of Record of Surveys,
records of said County; thence along the Northerly line of said
Parcel Q and its Westerly prolongation South 700 05' 00" West
to the Northwest corner of Parcel 35 described above;
in portions of
CAMINO CAPISTRANO
from the intersection with Oso Road to the intersection of Junipero Serra Road,
in portions of
JUNIPERO SERRA ROAD
from the intersection of Camino Capistrano, to the Future Rancho Viejo Road,
in portions of
RANCHO VIEJO ROAD
from the intersection with the future extension of Junipero Serra Road northerly,
a distance of approximately 2560 feet, in portions of
An Easement
generally described as follows:
A strip of land 60 feet in width and centerline of which commences
on the easterly boundary of Rancho Viejo Road at a point approxi-
mately 1783.22 feet northerly of the intersection of Rancho Viejo
Road and the future extension of Junipero Serra Road and running
southeasterly a distance of approximately 1150 feet.
That details for the construction of all the above described work are shown
on the plans on file in the office of the City Clerk of the City of San Juan Capistrano.
Section 2. That all of the said work and improvement to be done as descri-
bed in Section 1 of this Resolution shall be constructed upon the grades, along the
lines, between the points, of the dimensions, at the places and in the manner shown
on the plans, profiles and drawings for the construction of the said work and
improvement, consisting of forty-three (43) sheets, numbered 1 to 43, inclusive,
and identified as "City of San Juan Capistrano, Assessment District No. 66-111,
which plans are on file in the office of the City Clerk, and except as otherwise
provided on said plans, in further accordance with the specifications for the con-
struction of said work and improvement, and identified as "City of San Juan Capis-
trano Specifications for the Construction of Sanitary Sewers, Assessment District
No. 66-1", being on file in the office of the City Clerk, and to which plans, pro-
files, drawings and specifications, heretofore approved by the City Clerk of this
City, reference is hereby made for a further, full and more particular description
of said work.
360
That work and grades shall be in accordance with the grades as shown on
said plans, profiles and drawings hereinabove mentioned, which said grades may
be different from the grades heretofore existing, established or adopted.
That all of the easements and rights-of-way for public purposes hereinabove
described are shown upon the said plans, profiels and drawings hereinabove des-
cribed.
Section 3. That the said easements and, rights-of-way necessary for the
said contemplated work and improvement, as aforesaid, and the said contemplated
work and improvement as aforesaid, are of more than local or ordinary public
benefit and the said City Council hereby makes the expenses of said work and
improvement chargeable upon a district, which said district the City Council
hereby declares to be the district benefited by said work and improvement and to
be assessed to pay the costs and expenses thereof, including incidental expenses
and costs, and which district is described as follows:
All that certain territory situated in the City of San Juan Capistrano,
County of Orange, State of California, included within the exterior bound-
ary lines of each of two noncontiguous areas shown on the map exhibiting
the property affected or benefited by or to be assessed to pay the costs
and expenses of said work and improvement in said "Assessment District No.
66-1" in said City, which said map is titled and identified as "Map of
Assessment District No. 66-1 (N. & S. Por.), City of San Juan Capistrano"
and consists of twenty-eight (28) sheets, numbered 1 to 27, inclusive;
which said map was heretofore approved by the City Council of said City
at the time of the approval of the Plans as aforesaid, and which said map
or diagram is on file in the office of the City Clerk, EXCEPTING from the
area shown within and delineated upon said map hereinabove referred to, the
area of all public streets, public avenues, public lanes, public roads,
public drives, public courts, public alleys and all easements and rights-
of-way therein contained belonging to the public, and any lot or parcel of
land belonging to the United States, and also excepting therefrom any lot
or parcel of land belonging to the State of California, or the County of
Orange or to the Orange County Flood Control District, or to the City of
San Juan Capistrano, which lot or parcel of land is in use for the perform.
ance of any public function, and all such property above mentioned and des-
cribed as being excepted from the area shall be omitted from the assessments
hereinafter to be made to cover the costs and expenses of such acquisition,
work and improvement. Lots or parcels of land owned by the Orange County
Waterworks District No. 4, school boards, school districts or other public
361
or private educational authorities, whether or not devoted to public or
school uses and purposes, shall not be excepted or omitted from said dis-
trict or from said assessment, but shall be included in said assessment.
Reference is hereby made to said map for further, full and more particular
description of the said assessmax[t district, and the said map so on file
shall govern for all details as to the extent of said assessment district.
Section 4. That serial bonds, bearing interest at the rate of six per-
cent (6%) per annum, shall be issued to represent each assessment of Fifty Dollars
($50.00) or more remaining unpaid at the expiration of the last date fixed for
payment of assessment in the notice to property owners mailed pursuant to the
provisions of the Improvement Act of 1911. Said bonds shall be issued under and
as provided in the Improvement Act of 1911, Division 7 of the Streets and Highways
Code of the State of California. Said serial bonds shall extend over a period end-
ing nine (9) years from the second day of January next succeeding the next September
1st following their date. Payments on the principal of unpaid assessments and
interest thereon shall be made by property owners to the Treasurer of the City of
San Juan Capistrano, and the same shall be disbursed by said City Treasurer, all
as provided in the Improvement Act of 1911. Said bonds shall provide that redemption
may be made by payment of the amount then unpaid on the principal sum thereof, with
interest thereon calculated up to the date of the next maturity interest coupon,
and all penalties accrued and unpaid, together with a premium of five percent (5%)
of said unmatured principal.
Section 5. That the estimated cost and expenses of the acquisition, con-
struction of said sanitary sewer improvements and incidental expenses is as follows:
Estimated Cost of Construction $586,000.00
Acquisition of Easement and
rights of way, including
incidental expenses in
connection with such
acquisition 92,500.00
Incidental Expenses 99,300.00
TOTAL ESTIMATED COST $777,800.00
Section 6. Notice is hereby given that on the 15th day of May, 1967, at
the hour of 6:00 o'clock P.M., in the Council Chambers of the City Council of the
City of San Juan Capistrano, 31762 Camino Capistrano, San Juan Capistrano, California,
any and all persons having any objection to the proposed work or improvement, or to
the extent of the assessment district, or to the proposed grades, may appear and
show cause why said work should not be done or carried out in accordance with this
Resolution of Intention. Protests must be in writing and must contain a description
of the property in which each signer thereof is interested, sufficient to identify
the same, and must be delivered to the City Clerk of said City prior to the time
sot for the hearing, and no other protests or objections will be considered. If
the signer of any protest is not shown upon the last equalized assessment roll of
Orange County as the owner of the property described in the protest, then such
protest must contain or be accompanied by written evidence that such signer is the
owner of the property so described.
Section 7. That all of the work herein proposed shall be done and carried
through in pursuance of an Act of the Legislature of the State of California, desig-
nated as the "Improvement Act of 191111, being Division 7 of the Streets and High-
ways Code of the State of California.
Section 8. Pursuant to the provisions and the authority granted by the
Improvement Act of 1911, the City Council of the City of San Juan Capistrano does
hereby determine and declare that, in the opinion of this City Council, the public
interest will not be served by allowing the property owners to take any contract
to be let under this proceeding and the property owners will not be allowed or
permitted to take such contract. The City Council of said City further hereby
determines and declares that the contractor to whom the contract is awarded may
sign said contract immediately upon the award of the contract and must execute said
contract and file the required bonds with said City within twenty-five (25) days
after the date of first publication of notice of award of contract.
Section 9. That the COASTLINE DISPATCH, a newspaper printed, published
and of general circulation in the City of San Juan Capistrano, California, is
hereby designated as the newspaper in which this Resolution of Intention shall be
published by the City Clerk, in the manner and form provided by law, and for making
all other publications in the proceedings under this Resolution of Intention, unless
otherwise provided.
The City Clerk is directed to mail copies of this Resolution of Intention,
postage prepaid, to all persons owning real property which is proposed to be
assessed, whose names and addresses appear on the last equalized assessment roll
for City taxes, or as known to the City Clerk, including the mailing of said
Resolution to every owner of property assessed by the State under Section 14 of
Article XIII of the Constitution of the State of California at the address thereof
shown on the last board roll transmitted to the County Auditor all in the manner
and form provided under said Improvement Act of 1911.
Section 10. That the Superintendent of Streets is hereby directed to cause
to be conspicuously posted along the line of said contemplated work or improvement
363
and along all open streets within the district liable to be assessed for said
acquisition and work, notices of the passage of this Resolution of Intention in
the time, form and manner provided by law.
Section 11. That the City Clerk is directed to endorse on the original ars3
on at least one copy of the map or plat of the assessment district as referred to
in Section 3 hereof his certificate evidencing the date and adoption of this
Resolution of Intention, and he is further directed to file the original of such
map or plat in his office, and within fifteen (15) days after the adoption of this
Resolution of Intention in in no event later than fifteen days prior to the date
of hearing as provided in Section 6 hereof, he is further directed to file a copy
of said map or plat, with his endorsement thereof, with the County Recorder of
Orange County, California, all in the manner and form provided by law.
uapastirano, ualiiornia
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,
California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by
the City Council of said City and was approved by the Mayor of said City at a
regular meeting of said City Council held on the 24th day of April, 1967, and
that it was so adopted as follows:
AYES: COUNCILMEN: CHERMAK, BATHGATE, OLIVARES and DURNFORD
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: BUCHHEIM
Cit Clerk, City of San Juan
Capistrano, California