Resolution Number 63-12-23-3RESOLUTION N0. 63-12_23-3 329
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
A TEMPORARY EASEMENT FOR RIGHT OF WAY FOR THE USE
AND MAINTENANCE OF EXISTING DISTRIBUTION AND LEACH
LINES FOR SEPTIC TANK EFFLUENT
WHEREAS, the City of San Juan Capistrano did on the 3rd day of December,
1963, conduct a successful bond election under and by virtue of which bonds were
voted to construct and enlarge the sewer disposal facilities of the City; and
WHEREAS, pending the construction and installation of such facilities,
public convenience and necessity require the acquisition of certain real property
within the City of San Juan Capistrano for the following reasons, to wit: a
temporary easement for the use and maintenance of existing distribution and leach
lines for septic tank effluent for a period of two (2) years or sixty (60) days
after the public sewer lines are available, whichever is the lesser; and
WHEREAS, the City Council finds that the physical installation of such lines
within the hereinafter described property has been made and said distribution and
leach lines are now in service•, 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 as a temporary easement as right of
way for the use and maintenance of existing distribution and leach lines for septic
tank effluent.
NOW, THEREFORE, BE IT RESOLVED that 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:
PARCEL 1 - That portion of the Southwest Quarter of Section 6, Township 8
South, Range 7 West, San Bernardino & Base Meridian, described as follows:
Commencing at an iron bolt marking Station 3 of the right of way deed for
San Juan Hot Springs Road, recorded October 22, 1913, in book 243, page 1
of Deeds, Records of Orange County, California; thence South 150 41' 44"
East (on bearings based on those shown on state highway right of way map
ORA -2-A, No. 1796) 19.26 feet; thence South 69° 45' 53" West 77.88 feet
to the Northeasterly corner of land described in Parcel 1 of Deed to
Clarence R. Brown, recorded May 3, 1957 in Book 3896, page 129 of Official
Records of said county; thence South 20 36' 25" East 375.26 feet to the
Southeasterly corner of said land of Brown; thence South 20 36' 25" East
332.31 feet; thence North 450 37' 25" West 343.15 feet; thence North 70 00'
14" East 119.35 feet; thence South 820 59' 46" East 217.22 feet to the true
330
point of beginning.
PARCEL 2 - A strip of land of 10.00 feet in width, the centerline of said
strip being described as follows: Beginning at a point on the Northerly
line of Parcel 1 hereinabove described, distant South 820 59' 46" East
44.38 feet from the Northwesterly corner of said Parcel 1; thence North 10
36' 30" East 188.90 feet to a point on the Southerly line of said land of
Clarence R. Brown, distant South 871 24' 25: East 51.94 feet from the
Southwesterly corner of said land of Brown. The side lines of said strip
to be lengthened or shortened to terminate at said Northerly and Southerly
lines.
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 in the interest of
public health and safety, and that the taking of the property hereinabove des-
cribed 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.
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 23rd day of
December, 1963.
ATTEST:
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
Mayor of the 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 63-12-23_3, adopted by the City Council of said City
on the 23rd day of December 1963, and was so passed and adopted by the following
stated vote, to wit:
AYES: COUNCILMEN: CLIFF, BUCHHEIM, DURNFORD, OLIVARES and BATHGATE
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 23rd day of
December, 1963.