Loading...
Resolution Number 61-11-27-1RESOLUTION NO. 61-11-27-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DESCRIBING THE BOUNDARIES OF THE UNINHABITED TERRITORY IT PROPOSES TO ANNEX: DESIGNATING SUCH TERRITORY BY AN APPRO- PRIATE NAME; GIVING NOTICE OF THE TIME AND PLACE THE CITY COUNCIL WILL HEAR PROTESTS: DECLAR- ING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL AND SETTING FORTH ITS REASONS FOR DESIRING ANNEXATION. WHEREAS, the City of San Juan Capistrano became a general law city on April 19, 1961 and has since that time assumed jurisdiction of the sanitary district lying within its boundaries; and WHEREAS, the logical future development of the sanitary facilities of the City of San Juan Capistrano call for the engineering of outfall sewer facilities for disposal seaward from the mouth of the San Juan Creek; and WHEREAS, it has recently become evident that a neighboring city to the south in its apparent effort to acquire the proposed Dana Point Harbor development is attempting to acquire jurisdiction of the tidelands through which the outfall facilities of the City of San Juan Capistrano must pass; and WHEREAS, the City of San Juan Capistrano considers it essential to the health, safety and general welfare of its citizens that it, on its own initiative, annex sufficient territory to provide for its contemplated sewer outfall facilities within its own corporate limits; and WHEREAS, the boundaries of the territory proposed to be annexed, designated as SAN JUAN CREEK ANNEXATION NO. 1, have heretofore been submitted to the Orange County Boundaries Commission, requesting it to ascertain whether or not said boun- daries were definite and certain, and to report its findings; and WHEREAS, on the 27th day of November, 1961, at the hour of 11:12 A.M., said Orange County Boundaries Commission did find, pursuant to Government Code Section 35002, and did report to the City Clerk that said boundaries were definite and certain; NOW THEREFORE, BE IT RESOLVED, that the City of San Juan Capistrano does hereby upon its own motion initiate proceedings, pursuant to the provisions of the Annexation of Uninhabited Territory Act of 1939, to annex that certain uninhabi- ted territory contiguous to its existing city limits, as hereinafter described, to be known as "San Juan Creek Annexation No. 111; BE IT FURTHER RESOLVED, that the territory proposed to be annexed under the designation of San Juan Creek Annexation No. 1 is described as follows: SAN JUAN CREEK ANNEXATION NO. 1 to the CITY OF SAN JUAN CAPISTRANO Beginning at an angle point in the existing boundary of the City of San Juan Capistrano, said existing boundary established April 19, 1961, said angle point 109 also being in the easterly right of way line of the Atchison, Topeka and Santa Fe Railway and constituting the most southwesterly corner of said City of San Juan Capistrano; Thence N 160 47' 16" E, 1614 feet, more or less, along said Railway right of way and the existing boundary of the City of San Juan Capistrano to the intersection of the southeasterly prolongation of the northeasterly line of Record of Survey filed in Book 47, Page 38, records of Orange County, California; Thence, leaving the existing boundary of the City of San Juan Capistrano, N 66° 06' 26" W, 1064.78 feet more or less, along said southeasterly prolongation and the northeasterly line of said Record of Survey, filed in Book 47, Page 38, to the most Northwesterly corner of said Record of Survey, filed in Book 47, Page 38; Thence, N 660 26' 42" W, 671.36 feet, more or less, to the most northeasterly corner of Tract No. 871, recorded in Book 30, pages 16 and 17, Miscellaneous Maps, Records of Orange County, California; Thence, following along the easterly boundary of said Tract No. 871 the following courses and distances: Thence, S 230 27' 36" W, 80.00 feet more or less; Thence, S 30 24' 10" E, 929.80 feet, more or less; Thence, S 30 56' 13" W, 311.83 feet, more or less; Thence, S 290 521 24" W, 256 feet, more or less, to the most northerly corner of that certain parcel of land recorded in Book 5618, Pages 181 et seq., Official Records of Orange County, California; Thence, leaving the easterly boundary of said Tract No. 871 and following the boundary of said parcel of land recorded in Book 5618, Pages 181 et seq., Official Records; Thence, S 600 07' 36" E, 150 feet, more or less, to the most easterly corner of the aforementioned Deed; Thence S 290 52' 24" W, 150 feet, more or less, to the most southerly corner of the aforementioned Deed; Thence N 60° 07' 36" W, 150 feet, more or less, to the most westerly corner of the aforementioned Deed, Recorded in Book 5618, Pages 181 et seq., said Official Records, being also the easterly boundary of said Tract No. 871; Thence, following along the easterly boundary of said Tract No. 871, the following courses and distances: Thence, S 290 52' 24" W, 306.70 feet, more or less; Thence, S 850 35' 40" W, 80 feet, more or less, to the easterly right of way of that certain highway, 80 feet in width, known as Del Obispo Street; Thence, S 30 32' 55" E, 421 feet, more or less, along said easterly Right 110 of Way, to the beginning of a curve concave westerly and having a radius of 700 feet more or less; Thence southerly along said curve through a central angle of 330 04' 12; and along said easterly right of way, 400 feet more or less, to the beginning of a tangent line; Thence, S 290 31' 17" W, 622 feet, more or less, along said easterly right of way to the intersection of a line parallel with and 500 feet southerly of the centerline of that certain highway, 60 feet in width, known as Victoria Street; Thence, S 680 02' 35" E, 670 feet, more or less, along said parallel line to the intersection of the west boundary line of the proposed San Juan Creek Channel; Thence, following along the westerly boundary of said proposed San Juan Creek Channel the following courses and distances: Thence, S 100 56' 12" W, 185 feet, more or less; Thence, S 180 47' 58" W, 528.62 feet, more or less; Thence, N 710 12' 02" W, 18 feet, more or less; Thence, S 180 47' 58" W, 1976 feet more or less, to the ordinary high tide line of the Pacific Ocean and leaving said proposed San Juan Creek Channel. Thence, southwesterly, 3 miles, more or less, at right angles to the ordinary high tide and shore line of the Pacific Ocean to the intersection of the wouthwesterly boundary line of the State of California; Thence, southeasterly, 522 feet, more or less, along said boundary line of the State of California and parallel with and distant 3 miles, more or less, from the ordinary high tide line and shore line of the Pacific Ocean; Thence, northeasterly, 3 miles, more or less, parallel with the aforementioned southwesterly course of 3 miles, more or less, to the ordinary high tide line and shore line of the Pacific Ocean; Thence, N 180 47' 58" E, 640 feet, more or less, to a point in the centerline of that certain highway known as ORA -60-A, Coast Highway, being also a point in the easterly boundary line of the proposed San Juan Creek Channel; Thence, following along said easterly boundary of said proposed San Juan Creek Channel the following courses and distances: Thence, N 3' 52' 14" W, 615.57 feet, more or less; Thence, N 101 56' 12" E, 465 feet, more or less, to the intersection of a line parallel with and 500 feet southerly of the centerline of that certain highway, 60 feet in width, known as Victoria Street; Thence, S 680 01' 35" E, 441 feet more or less, along said parallel line to the intersection of the westerly right of way of said Atchison, Topeka and Santa Fe Railway; 1.11 Thence, N 160 47' 16" E, 1695 feet, more or less, along said westerly right of way of said Atchison, Topeka and Santa Fe Railway to a point in said right of way; Thence, S 730 12' 44" E, 101 feet, more or less, to the point of beginning. BE IT FURTHER RESOLVED, that the City of San Juan Capistrano, by and through its City Council does hereby give notice that on the 8th day of January, 1962, at 7:30 P.M. in the Council Chambers of the City Hall, 31762 Camino Capistrano, in the Cith of San Juan Capistrano, California, is the time and place at which the City Council of San Juan Capistrano will hold the hearing pursuant to Government Code Section 35312, then and there to consider any written protests filed against the annexation by any owner of property within the territory; AND, BE IT FURTHER RESOLVED, that the City Council does hereby declare that its reasons for desiring annexation of said San Juan Creek Annexation No. 1 are as follows: 1. That it considers it essential to the health, safety and general welfare of its citizens to annex territory lying within the anticipated and contemplated course of outfall sewer faciliteis necessary in the immediately foreseeable future to serve the needs of the City, and, 2. That the area encompassed by the San Juan Creek is now and from the mission days has been traditionally part of the focal point of the City, the Mission of San Juan Capistrano, and, 3. To prevent encroachment upon the area of San Juan Capistrano and upon areas of its neighboring communities of Capistrano Beach and Dana Point to the end that each of them may make a free choice as to its separate County or corporate status. PASSED AND ADOPTED by the City C at its regular Adjourned Meeting held ty of San Juan Capistrano the 27�h day ovember, 1961. LEST: Don City lerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as CITY OF SAN JUAN CAPISTRANO) I, ERNEST A. THOMPSON, 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 61-11-27_1, adopted by the City Council of said city on the 27th day of November, 1961, and was so passed and adopted by the follow- ing stated vote, to wit: AYES: Councilmen: BATHGATE, OLIVARES and DURNFORD NOES: Councilmen: NONE ABSENT: Councilmen: CHERMAK and BUCHHEIM, and was there er on sa; day ned and approved by the Mayor Pro Tem of said city. iJ st3 ESe�