Resolution Number 64-5-11-2RESOLUTION N0. 64-5-11-2 371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO ORDERING THE VACATION AND
ABANDONMENT OF A PORTION OF A ROAD AND AN EASEMENT
FOR ROAD PURPOSES UPON, OVER, ACROSS AND ALONG THE
HEREINAFTER DESCRIBED REAL PROPERTY
WHEREAS, the City Council of the City of San Juan Capistrano, a Municipal
Corporation of the State of California, did on the 13th day of April, 1964, pass
its Resolution No. 64-4-13-1 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF
A ROAD AND AN EASEMENT FOR ROAD PURPOSES UPON, OVER, ACROSS AND ALONG THE HEREIN-
AFTER DESCRIBED REAL PROPERTY; FIXING A TIME AND PLACE FOR A HEARING THEREON;
DIRECTING THE POSTING OF NOTICES THEREOF AND THE PUBLICATION OF THIS RESOLUTION",
whereby it declares its intention to vacate and abandon and close to public use
a portion of a road and an easement for road purposes upon, over, across and along
the hereinafter described property, under the provisions of the Street Vacation Act
of 1941; and
WHEREAS, the City Council in said resolution referred to a map on file in the
office of the City Clerk for further particulars as to the proposed vacation, aban-
donment and closing to public use of said portion of road and easement for road
purposes; and
WHEREAS, said City Council did by said resolution fix the 11th day of May,
1964, at 8:00 o'clock P.M. in the Council Chamber in the City Hall of the City of
San Juan Capistrano as the time and place for a public hearing on the matter of such
vacation, abandonment and closing to public use of said portion of road and easement
for road purposes, for all persons interested in or objecting to such proposed vaca-
tion, abandonment and closing to public use to appear and show cause, if any they had,
why such portion of road and easement for road purposes should not be vacated, aban-
doned and closed to public use; and
WHEREAS, said resolution was published on the 15th day of April, 1964, in The
Coastline Dispatch, a newspaper of general circulation, printed, published and
circulated in the City of San Juan Capistrano, Orange County, California; and
WHEREAS, by said resolution said City Council directed that notices of the
passage of said Resolution and of the time and place of the hearing on the matter of
the vacation, abandonment and closing to public use of said portion of road and
easement for road purposes be posted conspicuously along the line of said portion
of road and easement, not more than 300 feet apart, at least ten (10) days before
said hearing, and that not less than three (3) such notices should be posted; and
WHEREAS, Robert K. Johns did on the 1st day of May, 1964, post conspicuously
not less than three (3) such notices along the line of said portion of road and
37 2sement, which notices were posted not more than 300 feet apart, and were posted
at least ten (10) days before said hearing; and
WHEREAS, said City Council did on the 11th day of May, 1964, at 8:00 o'clock
P.M. in the Council Chamber in the City Hall of the City of San Juan Capistrano,
conduct a public hearing on the matter of whether said portion of road and easement
for road purposes, hereinafter described should be vacated, abandoned and closed to
public use, and at said hearing did hear evidence thereon; and
WHEREAS, the City Council finds from all of the evidence submitted that said
portion of road and easement for road purposes described in the Resolution of
Intention and hereinafter described, is unnecessary for present or prospective road
purposes, and that an order vacating and abandoning such portion of road and ease-
ment for road purposes as described in the Resolution of Intention should be made.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan
Capistrano:
1. That it finds the recitals hereinabove set forth in this resolution
to be true;
2. That it finds from all the evidence submitted that said portion of road
easement for road purposes described in said resolution is unnecessary for present
or prospective public purposes;
3. That it does hereby order that said portion of road and easement for
road purposes be, and it is hereby vacated, abandoned and closed to public use;
4. That said portion of road and easement herein ordered vacated, abandoned
and closed to public use is that certain portion of a road and easement described
in said Resolution No. 64-4-13-1, is situated in the City of San Juan Capistrano,
County of Orange, State of California, and is more particularly described as follows:
That portion of Rosenbaum Road, 40.00 feet wide, as described in a deed
recorded in Book 2436, Page 637, Official Records of Orange County,
California, bounded on the Southwest by the Northeast line of Camino
Capistrano, being a line parallel with and 50.00 feet Northeasterly
from the center line thereof, as described in a deed recorded in Book
660, Page 483, Official Records of said County and bounded on the North-
east by the Northeasterly line of a parcel of land as described in a deed
recorded in Book 5782, Page 373, Official Records of said County.
AND BE IT FURTHER RESOLVED that the City Clerk be, and he is hereby author-
ized and directed to cause a certified copy of this Resolution and Order, attested
by him under the seal of the City of San Juan Capistrano, to be recorded in the
Office of the County Recorder of Orange County, California.
THE FOREGOING RESOLUTION is approved and signed by me this 11th day of May,
1964. ,
Mayor of the City'q� -
San Juan Capistrand