Resolution Number 68-9-30-1533
RESOLUTION NO. 68-9-30-1
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 SANITARY SEWER
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: sanitary sewer easement 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 sanitary sewer easement 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, State of California, more particularly des-
cribed as follows, to wit:
A permanent easement ten feet (101) in width
for sanitary sewer easement purposes over, under and
across that certain real property situated in the City
of San Juan Capistrano, County of Orange, State of
California, described as follows:
All that portion of the land conveyed to First
Western Bank and Trust Company, a California Corporation,
by deed recorded March 6, 1967 in Book 8190 page 785,
Official Records of said Orange County, described as
follows:
Beginning at the Southwester}y corner of said parcel
of land, said corner being in the Easterly line of the
right of way of the Atchison, Topeka and Santa Fe Railway; thence
S. 690 301 00" E. 900.21 feet, more or less, along the South-
westerly line of said land to an intersection with the Westerly
line of the State Highway as conveyed to the State of California
by deed recorded April 5, 1930 in Book 375, page 99 of Official
Records; thence N. 40 45' 00" E. 10.39 feet, along said Westerly
line to an intersection with a line drawn parallel to and dis-
tant Northerly 10.00 feet, measured at right angles to the South-
westerly line of said land; thence along said parallel line No.
690 30' 00" W. 898.18 feet, more or less, to an intersection
with the Westerly line of said land, said Westerly line being
also in the Easterly line of the right of way of said Atchison,
Topeka and Santa Fe Railway; thence S. 160 00" 00" W..10.03
feet along said Westerly line to the point of beginning.
To ether with a temporary construction easement twenty
feet (20 5 in width, adjoining and lying Northerly of said
permanent easement.
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 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
53
authorized
by
law and the taking of said property is necessary to such
uses.
BE IT FURTHER RESOLVED that the City Council does hereby author-
ize 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 approtxed and signed by me this
30th day of September, 1968.
Mayor of the city o
ATTEST/%,�L� San Juan Capistrano
Tity'Clerc of the City »
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, California, hereby certify that the foregoing is a true
and correct copy of a Resolution of the City Council of said City
numbered 68-9-30-1, adopted by the City Council on the 30th day of
September, 1968, and was so passed and adopted by the following stated
vote, to wit:
AYES: COUNCILMEN: DURNFO RD, BATHGATE, FORSTER and CHERMAK
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: OLIVARES