Resolution Number 67-7-31-5411
RESOLUTION N0. 67-7-31-5
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 SEWER EASEMENT 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: Sewer easement and public utility purposes; and
WHEREAS, the City Council does find and determine that the public interest
and necessity require the acquisition of all that certain real property, herein
described, by the City of San Juan Capistrano for sewer easement 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 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 3:
Easements for sewer and public utility purposes in, over, under
and across the following described boundaries:
An easement for sanitary sewer pipe lines included within a strip of land
30.00 feet wide over the Northwest quarter of Section 1, Township 8 South,
Range 8 West, SSB&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 North-
easterly 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 dexcribed 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 bondary 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 25° 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
arc distance of 557.11 feet. The side lines of said strip of land are
to be lengthened or shortened 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 described in said Deed to Loftis, said line is cited in said Deed
as "South 240 08' 00" West 292.40 feet" said point being distant South
240 08' West 100.00 feet from the Northerly terminus of the above cited
line.
An easement for sanitary sewer pipe lines included 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 termi-
nus 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.
41
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 des-
cribed in said Deed to Swanstrom, cited therein as "North 700 05' 00"
East 242.30 feet", and intersects the Southerly 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 terminate
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:
Including only those portions of the above described parcels
lying within the property owned by Carl M. Loftis and Nolon M. Doss, Sr.
PARCEL 4:
Easements for sewer and public utility purposes in, over, under
and across the following described boundaries:
An easement for sanitary sewer pipe lines included 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 73° 59' West
296.20 feet"; thence parallel with the Easterly line of the land descri-
bed 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
arc distance of 557.11 feet. The side lines of said strip of land are
to be lengthened or shortened 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 described in said Deed to Loftis, said line is cited in said Deed
as "South 240 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.
An easement for sanitary sewer pipe lines 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 31.50 feet; thence Northerly in a
direct line to the point of beginning.
Including all property owned by Eugenie Oyharzabal between the
above described parcels and the Northwesterly and Southwesterly property
lines of Oyharzabal's property.
Including only those portions of the above described parcels
lying within the property owned by Eugenie Oyharzabal.
PARCEL 6-9:
An easement for sewer and public utility purposes in, over, under
and across the following described boundaries:
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,
lying within property owned by the Corporation of the Presiding Bishop
of the Church of Jesus Christ of the Latter Day Saints.
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PARCEL 12_7:
An easement for sewer and public utility purposes in, over, under
and across the following described boundaries:
A strip of land 15.00 feet wide over those portions of Lots 70 and 73,
as shown on a Map filed in book 2, pages 1 to 38 inclusive of Records
of Surveys, records of Orange County, the Easterly line described as
follows:
Beginning at the intersection of the centerline of McKinley Avenue,
with the Northerly prolongation of the Westerly line of Lot 74 as shown
on a Map filed in book 2, pages 1 to 38 inclusive of Records of Surveys,
records of Orange County; thence along said prolongation and said West-
erly line South 210 56' West to an angle point in said Westerly line;
thence leaving said Westerly line and continuing South 210 56' West to
the Northwesterly prolongation of the Southwesterly line of said Lot 74.
Including only those portions lying within the property owned by
the First Southern Baptist Church and excepting therefrom that portion
lying within the lines of said McKinley Avenue.
PARCEL 14a-1-
Easements for sewer and public utility purposes in, over, under
and across the following described boundaries:
An easement for sanitary sewer pipelines included within a strip of land
50.00 feet wide over that portion of Parcel 110" 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 70.00 feet, measured at right angles from the South-
westerly 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 prolongation 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 des-
cribed in Deed to Carl M. Loftis and others, recorded August 26, 1960
in book 5391, page 118 of Official Records; thence along said last men-
tioned strip of land, South 260 54' 18" East 460.00 feet to the true
point of beginning; thence South 221 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.
Including only those portions of the above described parcel lying
within the property owned by J. K. Evinger and Olive A. Evinger.
PARCELS 15-7 and 15-8:
Easements for sewer and public utility purposes in, over, under
and across the following described boundaries:
An easement over the Southwesterly 10.00 feet and the Northeasterly 15.00
feet of Lot 69, as shown on a Map recorded in Book 11, pages 29 to 33
inclusive of Miscellaneous Maps, lying within the property owned by
Edward Chade and Alma Chade.
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 teh aforesaid purposes and that the taking of the
property hereinabove described is necessary therefor and that 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.
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AND BE IT FURTHER RESOLVED that the City Council does hereby authorize the
acquisition of said property by the City of San Juan Capistrano, and the City
Attorney of the City of San Juan Capistrano is hereby directed to institute an
action in eminent domain for the acquisition of the title to said property, and
to perform and carry out all of the necessary proceedings and steps incident to
the acquisition of the title to said property and to obtaining immediate possession
thereof.
THE FOREGOING RESOLUTION is approved and signed by me this 31st day of
July, 1967.
Mayor of the City of
San Juan Capistrano
ATTEST
Cit Clerk of the City of
San Juan Capistrano
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 67-7_31-5, adopted by the City Council of said City
on the 31st day of July, 1967, and was so passed and adopted by the following
stated vote, to wit:
AYES: COUNCILMEN: BUCHHEIM, BATHGATE, OLIVARES and CHERMAK
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: DURNFORD
and was thereafter on said day signed and approved by the Mayor of said City.
City Clerk