Resolution Number 67-5-29-1377
RESOLUTION NO. 67-5-29-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, ORANGE COUNTY, CALIFORNIA,
MAKING CERTAIN CORRECTIONS IN THE EASEMENT DES-
CRIPTIONS SET FORTH IN THE RESOLUTION OF INTENTION,
RESOLUTION NO. 67-4-24-6, MAKING CHANGES IN THE WORK
AND IN THE BOUNDARIES OF THE PROPOSED ASSESSMENT
DISTRICT DESCRIBED IN SAID RESOLUTION OF INTENTION
Assessment District No. 66-1
WHEREAS, the City Council of the City of San Juan Capistrano, California,
California, by its Resolution No. 67-4-24-6, adopted on the 24th day of April,
1967, declared its intention to order the construction of certain sanitary sewer
improvements under the Improvement Act of 1911, Division 7 of the Streets and
Highways Code of the State of California; and
WHEREAS, a hearing before this City Council of protests and objections is
being held as called in said Resolution No. 67-4-24-6; and
WHEREAS, before adjourning the hearing, this City Council finds and deter-
mines that certain corrections be made in the legal descriptions of certain ease-
ments as set forth in said Resolution No. 67-4-24-6, that certain changes be made
in the work and in the boundaries of the proposed assessment district as described
in said Resolution of Intention;
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, California,
DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER as follows:
Section 1. That Section 1 of Resolution No. 67-4-24-6 of the City Council
of the City of San Juan Capistrano, adopted on the 24th day of April, 1967, is
hereby amended as follows:
A. Delete the following on page 2 of said Resolution of Intention:
1) "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"
2) "in portions of
DEL OBISPO STREET
as follows:
(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;
in portions of
AGUACATE ROAD
as follows:
(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;"
and, in lieu thereof, insert the following:
"in a portion of
DEL OBISPO STREET
beginning at a point approximately 360 feet southeasterly from
the intersection with Aguacate Road to a point in Del Obispo
Street a distance approximately 680 feet southeasterly from
the point of beginning.
B. Delete the easement descriptions Nos. 1 to 31, both inclusive,
and Nos. 34 and 35, commencing on page 2 and ending at the bottom of page 10 of
said Resolution of Intention. and, in lieu thereof, insert the following:
1) An easement over the Southwesterly 15.00 feet of
Lot 67 of Tract No. 103, as shown on a Map recorded in Book 11,
page 31 of Miscellaneous Maps.
2) An easement over the Southwesterly 15.00 feet of Lots
69, 70 and 71 of Tract No. 103, as shown on a Map recorded iii
Book 11, pages 29 to 33, inclusive, of Miscellaneous Maps.
Excepting therefrom the Northwesterly 494.75 feet of Lot 71 and
the Southeasterly 104.00 feet of Lot 69.
3) An easement over the Northwesterly 15.00 feet of the
Southeasterly 235.00 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.
C. Delete the first full paragraph on page 12 of said Resolution
of Intention and, in lieu thereof, insert the following:
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 73° 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 874.51 feet; thence Northerly along
said curve through a central angle of 360 30' 02" an are distance
of 557.11 feet.
Section 2. That all of the work and improvements to be done in public
streets and easements deleted from the Resolution of Intention as provided in
Section 1 hereof is hereby excluded as work and improvements to be constructed
379
in connection with this proceedings under the provisions of the Improvement Act
of 1911 and the formation of proposed Assessment District No. 66_1. The Engineer
of Work is hereby authorized and directed to revise the plans, profiles and draw-
ings for the construction of the work and improvements referred to in Section 2
of said Resolution of Intention, as heretofore approved by this City Council to
exclude said work and improvements therefrom.
Section 3. That the revised estimated cost and expenses of the acquisition,
construction of said sanitary sewer improvements and incidental expenses for the
work not deleted as herein provided is as follows:
Estimated Cost of Construction $340,000.00
Acquisition of Easements and
rights of way, including
incidental expenses in
connection with such
acquisition 50,000.00
Incidental Expenses 70,000.00
Total Estimated Cost $46o,000.00
Section 4. That this City Council does hereby find and determine that
Assessment Parcel No. 4-1 as shown on the "Map of Assessment District No. 66_1
(N&S Por), City of San Juan Capistrano", recorded in the Office of the County
Recorder,'Orange County, California, Document No. 14164 (Book 3, page 25 of
Assessment Maps) will not be benefited by the work and improvements to be con-
structed. This City Council does hereby order the exterior boundary lines of
Assessment District No. 66-1 be revised to exclude said Assessment Parcel No, 4-1
and that the City Clerk be and is hereby authorized to record in the Office of the
Orange County Recorder a revised Map of Assessment District No. 66-1 to show the
exterior boundary lines of said proposed Assessment District as revised.
Section 5. The changes herein ordered are made pursuant to Chapter 8.5,
Part 3, Division 7 of the Health and Safety Code, State of California, (and in
particular Section 5231.1 of said Code) and this City Council hereby finds and
determines that said changes do not affect the jurisdiction of this City Council
to order the work and improvements.
ADOPTED, SIGNED AND APPROVED this 29th day of May, 1967.
yor of the City of
San Juan Capistrano
ATTEST:
City &1erk of the City of
San Juan Capistrano
STATE OF CALIFORNIA
COUNTY OF ORANGE ) as
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 29th day of May, 1967, and
that it was so adopted as follows:
AYES: COUNCILMEN: BATHGATE, DURNFORD, OLIVARES AND CHERMAK
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
ABSTAINED: COUNCILMEN: BUCHHEIM
Citf Clerk of the City o
San Juan Capistrano