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Resolution Number 62-2-13-5139 RESOLUTION NO. 62-2_13-5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO FINDING THAT PUBLIC INTEREST REQUIRES THE FORMATION OF THE SAN JUAN CAPISTRANO MUNICIPAL SEWER DISTRICT NO. 1 AND FIXING AND DETERMINING THE BOUNDARIES THEREOF WHEREAS, on January 22, 1962, this City Council adopted Resolution No. 62-1-22-1 entitled "Resolution of the City Council of the City of San Juan Capistrano determining that public interest and convenience requires the form- ation of a municipal sewer district in said city and providing for and giving notice of a hearing to be held thereon;" and WHEREAS, in said resolution this City Council fixed February 13, 1962, at the hour of 7:30 o'clock PM on said day in the City Hall, 31762 Camino Capistrano, City of San Juan Capistrano, as the time and place for hearing and considering objections by any person interested in the formation of the district or in the inclusion within the district of any land within the exterior boundary thereof; and WHEREAS, notice of said hearing was duly given and at said time and at the place fixed said hearing was had before this City Council, and all persons desiring to be heard were heard and a full and fair hearing has been had; and there were NO PROTESTS filed; NOW, THEREFORE, the City Council of the City of San Juan Capistrano DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That the public interest requires the formation of a municipal sewer district pursuant to the provisions of Chapter 1, Part 3 of Division 5 of the Health and Safety Code of the State of California for the acquisition and construction of improvements to the sewerage facilities in part of the territory of said city, including the acquisition of land, rights of way and other property necessary therefor. SECTION 2. That the sewer district hereby established shall be designated "San Juan Capistrano Sewer District No. l." SECTION 3. That as a result of said hearing and upon the evidence presented the exterior boundaries of said San Juan Capistrano Municipal District No. 1 are hereby fixed and determined as hereinafter described; Beginning at the Southwesterly corner of Lot 50, Tract No. 103, as shown on a map thereof recorded in Book 11, Page 29 et seq., Miscellaneous Maps, Records of Orange County, California and running thence from said point of beginning, N. 90 48' 00" W., to an intersection with the Westerly prolongation of the Northerly line of Lot 8, said Tract No. 103; thence, No. 800 51' 00" E., along said prolongation and the North line of said Lot 8, to the Northeasterly corner of Lot 16, Block "A", -140 Tract No. 808, as shown on a Map thereof recorded in Book 24, Page 23, Miscellaneous Maps, Records of Orange County, California; thence, continuing No. 80° 51' 00" E., along the North line of said Tract No. 808, 709.70 feet to the most Northerly corner of said Lot 8, Tract No. 103, as shown on said Map of Tract No. 808; thence S. 870 24' 00" E., 779.70 feet to the Northeasterly corner of said Tract No. 808; thence following along the Easterly boundary line of said Tract No. 808, S. 00 09' 00" E., 212.40 feet; thence, S. 89° 54' 00" W., 204.00 feet; thence S. 0° 09' 00" E., 826.00 feet to a point on the North line of SAN JUAN CAPISTRANO TOWNSITE, as shown on said Tract No. 103; thence, leaving said Easterly boundary line of said Tract No. 808, N. 89° 54' 00" E., 204.00 feet to the Northeasterly corner of said SAN JUAN CAPISTRANC TOWNSITE, as shown on said Map of Tract No. 103, thence S. 00 16' 30" E., along the East line of said TOWNSITE, 1594.14 feet; more or less, to the most Easterly corner of Lot 13, said Tract No. 103; thence, S. 360 57' 00" W., along the Northwesterly line of lot 14, said Tract No. 103, 1222.73 feet to the Westerly corner of said Lot 14; thence S. 360 55' 30" E., 844.96 feet to the Southerly corner of said Lot 14; thence No. 390 57' E., along the Southeasterly line of said Lot 14, 425.59 feet; thence, S. 890 03' 00" E., 898.68 feet to the Southeasterly line of Lot 31 of said Tract No. 103; thence, S. 390 31' 30" W., 1350.51 feet to the Southerly corner of said Lot 31; thence, N. 410 37' 00" W., 363.75 feet to the Easterly corner of Lot 33, said Tract No. 103; thence S. 570 15' 00" W., 319.30 feet to the West line of :Lot 32, said Tract No. 103; thence, S. O° 48' 00" W., 818.22 feet; thence, West 570.31 feet to a point in the Easterly line of the Right of Way of California State Highway (U.S. 101); thence, Northerly, following along said Easterly Right of Way line to a line which bears No. 890 00' 30" W., from the intersection of the North- easterly line of said Lot 33, Tract No. 103, with a line parallel to said Easterly line of California State Highway, which said parallel line passes through the most Westerly corner of Lot 14, said Tract No. 103; thence, N. 890 00' 30" W., to an intersection with the Southeasterly prolongation of the Westerly line of Lot 50, said Tract No. 103; thence, No. 900 48' 00" W., along said prolongation, to the Southwesterly corner of said Lot 50, Tract No. 103; and the point of beginning. Beginning at the most northeasterly corner of Tract No. 808, as shown on a Map thereof recorded in Book 24, Page 23, Miscellaneous Maps, Records of Orange County, California, thence following along the easterly boundary line of said Tract No. 808 South 00 09' 00" East 212.40 feet; thence South 890 54' 00" West 204 feet; thence South 00 09' 00" East 826.00 feet to a point on the North line of SAN JUAN CAPISTRANO TOWNSITE, as shown on a Map of Tract No. 103 recorded in Book 11, Pages 29 to 33 inclusive, on Maps, Records of Orange County, California, thence leaving said Easterly boundary line of said Tract No. 808 North, 890 54' 00" East 204.00 141 feet to the Northeasterly corner of said SAN JUAN CAPISTRANO TOWNSITE, as shown on said Map of Tract No. 103; thence South 00 16' 30" East along the East line of said Townsite to an intersection with the North property line of Spring Street, running thence along the above mentioned North line South 850 36' 00" East 359.66 feet to an intersection with the North line of the Ortega Highway; thence continuing along the said North line N. 69° 00' 34" East 858.06 feet to the beginning of a curve convave to the Northwest having a property line of radius of 1960 feet and a central angle of 040 51' 44"; thence in a Northeasterly direction along the arc of the above mentioned curve 166.33 feet to a point; thence leaving the North line of the Ortega Highway and running thence North 250 19' 00" West 407.21 feet; thence North 470 03' 20" East 261.47 feet; thence North 00 29' 00" West 1384.42 feet; thence North 89° 41' 45" West 20.00 feet; thence North 01 29' 00" West 345.30 feet; thence South 760 56' 00" West 225.09 feet; thence North 270 45' 30" East 28.45 feet; thence North 64° 18' 00" West 153.37 feet; thence South 840 10' 00" West 202.78 feet; thence North 181 09' 00" West 153.10 feet; thence North 890 27' 00" West 709.87 feet to a point in the Westerly line of Section 6, Township 8 South, Range 7 West, SBB&M; thence leaving said section line and running South 190 59' 00" West, 828.96 feet to a point in the Northerly line of Tract No. 808, running thence South 870 24' 00" East along the above mentioned Northerly line of said Tract 285.70 feet to the point of beginning. All of Lot 14, of Tract 103, recorded in Book 11, Pages 29 to 33 inclusive, Miscellaneous Maps, Records of said Orange County. EXCEPTING THEREFROM that portion of said Lot 14, described as follows: Commencing at the most Northerly corner of said Lot; thence along the Northerly line of said Lot South 700 33' 11" East 149.86 feet to the true point of beginning; thence leaving said Northerly line South 81 06' 20" East, 374.25 feet; thence South 40 18' 01" West, 488.52 feet; thence South 91 26' 43" West 391.37 feet; thence South 140 55' 03" West, 108.14 feet to the Southeast line of said lot; thence along said Southeast line North 400 42' 19" East, 1126.93 feet to the most Easterly corner of said lot; thence along the Northeasterly and Northerly line of said Lot North 420 08' 01" West, 301.61 feet, North 580 17' 41" West 490.88 feet and North 720 33' 11" West, 40.95 feet to the true point of beginning. Beginning at the Northeast corner of Lot 34 as shown on map filed in Book 2, Pages 31 to 38, inclusive, or records of surveys, records of Orange County, California, thence S. 00 48' W., 818.22 feet along the East line of said Lot 34 to the true point of beginning; thence from said true point of beginning, S. 00 48' W. 1161.08 feet; thence S. 550 25' W. 450.00 feet; thence S. 100 53' E. 438.90 feet; thence S. 800 26' 10" W. 233.10 feet; thence S. 240 05' West 357.47 feet; thence S. 40 142 07' W. 267.60 feet; thence S. 450 17' W. 567.30 feet; thence S. 350 01' 20" W. 165.41 feet; thence, No. 510 09' 10" W. 268.65 feet; thence No. 360 26' 40" W. 190.32 feet; thence No. 530 27' 38" W. 177.26 feet to the West line of California State Highway; thence Northeasterly along said West line, to a point on the Westerly pro- longation of the South line of the existing boundary of the San Juan Capistrano Sanitary District; thence Easterly, along said prolongation and said South line a distance of 570.31 feet to the true point of beginning. Portion of Rancho Los Cerritos: That portion of the Northwest quarter of Section 6, Township 8 South Range 7 West, in the San Bernardino Meridian, the County of Orange, State of California, according to an Official Plat of said land filed in the District Land Office, October 17, 1887 described as follows: Beginning at a point in the Westerly line of said Section 6, which said point lies South 00 09' East 1190 feet the Northwest corner of said Section 6; and running thence South 0° 09' East along said Westerly line of Section 6, 794.83 feet to a point which lies North 870 24' West 285.70 feet; thence North 190 59' East 828.96 feet, from the most Northeasterly corner of Tract No. 808, as shown on a Map thereof, recorded in Book 24, Page 23, of Miscellaneous Maps, Records of Orange County, California; thence South 980 27' East 709.97 feet; thence South 180 09' East 153.10 feet; thence North 84o 10' East 202.78 feet; thence South 640 18' East 153.37 feet; thence South 270 45' 30" West 28.45 feet; thence North 760 56' East 225.09 feet; thence South 0° 29' East 345.30 feet; thence South 890 41' 45" East 20.00 feet to the Northwest corner of Lot 90 of the land shown as San Juan Capistrano and Vicinity, as per Map filed in Book 2, Page 35, of Record of Surveys, in the Office of the County Recorder of said County; thence South 00 29' Eastalong the Westerly line of said Lot 90, 908.01 feet to the Northwest corner of Lot 10, Tract No. 2706, as shown on a Map thereof recorded in Book 82, Pages 16 and 17, of Miscellaneous Maps, Records of said County; thence running along the Northerly boundary of said Tract No. 2706, North 890 31' 40" East; 145.60 feet; thence South 740 27' 20" East 60.00 feet to a point on a curve concave Easterly and having a radius of 345.00 feet, a radial to said point bears North 700 28' 20" West; thence Southerly 10.54 feet along said curve; thence South 76° 13' 20" Eastl16.98 feet; thence North 320 15' 30" East 138.50 feet; thence North 540 Ol' 40" East 184.00 feet; thence South 840 48' 10" East 132.74 feet to the Easterly line of said Lot 90 of said Record of Survey; thence leaving the Northerly boundary of said Tract No. 2706 and running North 00 45' East along the Easterly line of said Lot 90, 743.77 feet to the Northeast corner of said Lot 90; thence South 890 41' 45" East along the Easterly prolongation of the Northerly line of said Lot 90, 268.65; thence North 70 39' East 84.13 feet; thence North 270 143 10' West 66.20 feet; thence North 60 11' East 57.13 feet; thence North 640 48' East 82.68 feet; thence North 271 07' East 93.78 feet; thence North 100 08' East 168.49 feet; thence North 8° 55' W st 100.95 feet; thence North 20 31' West 723.41 feet; thence North 89° 20' West 621.09 feet; thence North 890 28' West 809.34 feet; thence South 20 50' West 11.91 feet; thence North 891 28' West 939.07 feet to the point of beginning. Property adjacent to Ortega Highway: PARCEL 1: That portion of Lot 90 of the land shown as San Juan Capistrano and vicinity, in the County of Orange, State of California, as per map filed in Book 2, Page 35 of Record of Surveys, in the office of the County Recorder of said County, describing as follows: Beginning at the Southwest corner of Lot 3 of Tract No. 2706, as per map recorded in Book 82, Pages 16 and 17, of Miscellaneous Maps, Records of said County, said corner being in the West line of said Lot 90; thence following the various courses shown on said Map of Tract No. 2706, South 670 03' 20" East 302.48 feet to a point on a curve concave Northwesterly having a radius of 150.00 feet; a radial to said point bears South 760 51' 51" East; thence Southwesterly 110.75 feet along said curve; thence South 551 27' 00" West 164.50 feet to the beginning of a curve concave Southeasterly and having a radius of 140.00 feet; thence Southwesterly 180.67 feet along said curve to the beginning of a reverse curve concave North- westerly and having a radius of 13.00 feet; thence Southwesterly 18.45 feet along said curve to a point of tangency within the Northwesterly line of Ortega Highway as described in deed to the State of California, recorded May 16, 1940 in Book 1041, Page 512 of Official Records of said County, said Northwesterly line being a curve concave Northwesterly and having a radius of 1960.00 feet, a radial to said point bears South 270 10' 40" East; thence Southwesterly 20.50 feet along said curve to said West line of Lot 90; thence North 00 28' 20" West 485.34 feet along said West line to the point of beginning. PARCEL 2: That portion of the Northwest quarter of the Southwest quarter of Section 6, Township 8 South, Range 7 West, in the San Bernardino Meridian, in the County of Orange, State of California, according to an official plat of said land filed in the District Land Office, October 17, 1887, described as follows: Beginning at the intersection of the North line of San Juan Hot Springs Road as described in the deed to Orange County, recorded October 22, 1913 in Book 243, Page 1 of Deeds, with the East line of said Northwest quarter of the Southwest quarter; thence South 610 35' 00" West 3.42 feet along the Northerly line of said road; thence North 25° 19' 00" West 452.09 feet; thence North 470 03' 20" East 14 4 ,61.47 feet to a point on the East line of said. Northwest quarter of the Southwest cuarter; thence South 00 29' East 585.19 feet to the point of beginning. Excepting therefrom that portion of the above described property lying South- easterly of the Northwesterly line of the Ortega Highway as described in deed to the State of California, recorded May 16, 1940 in Book 1041, Page 512, of Official Records of said County. That certain parcel of real property, situated in Orange County, California, known as Tract 2706, particularly described as follows: That portion of Section 6, in Township 8 South, Range 7 West, SBB&M, described as follows: Beginning at the Northwest corner of Lot 10 of Tract No. 2706, as shown on a map thereof recorded in Book 82, Pages 16 and 17, Miscellaneous Maps, Records of Orange County, California, and running thence along the Northerly boundary of said Tract No. 2706, the following courses and distances; North 89° 31' 40" East 145.69 feet; South 740 28' 20" East, 60.00 feet to a point on a curve, concave Southeasterly, having a radius of 345 feet; thence Southwesterly,along said curve through a central angle of 10 45' 0011, an arc distance of 10.54 feet; thence South 760 13' 20" East 11.6.98 feet; North 320 15' 00" East 138.50 feet; North 54° Ol' 40" East 184.00 feet; South 840 48' 10" East 132.74 feet to the Northeast corner of Lot 26 0£ said Tract No. 2706; thence South 00 44' 10" West, along the East line of said Tract, 610.50 feet to the Southeast corner of Lot 33 of said Tract No. 2706, thence South 620 58' 15" West, along the Southerly line of said Tract, 364.76 feet to the most Southerly corner of lot 37 of said tract; thence Southwesterly to the most Southerly corner of Lot "B" of said tract; thence North 670 03' 20" West 302.48 feet to the Southwest corner of Lot 3 of said tract; thence North 00 28' 20" West 525.49 feet to the point of beginning. SECTION 4. The land within said exterior boundaries is hereby determined to be benefited by such inclusion and by the improvement set forth in Section 1 hereof. SECTION 5. The City Clerk is hereby directed to spread this resolution upon the minutes of the City Council and to record said resolution in the office of the County Recorder. The City Clerk is further directed to file certified copies hereof, together with a map or plat showing the boundaries of the district with the County Assessor and the State Board of Equalization. ADOPTED, SIGNED AND APPROVED this 13th day �}of February, 1962./ &A Mayor of the City of San Juan Capistrano ATTEST: City Clerk of the City of Sari Juan Capistrano 145 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 13th day of February, 1962, and that said resolution was passed and adopted by a vote of two-thirds of the members of said City Council, to wit: AYES: COUNCILMEN: CHERMAK, BATHGATE, DURNFORD, OLIVARES and BUCHHEIM NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE Ci Clerk of the City of San Juan Capistrano