Resolution Number 64-7-27-3RESOLUTION NO. 64-7-27-3 397
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO DECLARING ITS INTENTION TO
VACATE AND ABANDON AN EASEMENT FOR PUBLIC UTILITY
PURPOSES UPON, ALONG, OVER AND THROUGH 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
WHEREAS, a request has been made for the abandonment of an easement for
public utility purposes upon, along, over and through the property hereinafter
described; and
WHEREAS, the City Council does elect to proceed under the provisions of the
Public Service Easement Vacation Law, Title 5, Division 1, Article 5 of the Govern-
ment Code, to abandon said public utility easement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan
Capistrano that it does hereby declare that it intends to vacate, abandon and
close to public use an easement for public utility purposes upon, along, over and
through the following described property situated in the City of San Juan Capistrano,
County or Orange, State of California, to wit:
The Southeasterly and Southwesterly five (5) feet lying between
the following described line and a line five (5) feet Southeasterly
and Southwesterly therefrom and parallel thereto:
Beginning at the common corner of lots 11 and 22 of Tract 2706, being
a subdivision of that portion of Section 6, Township 8 South, Range 7
West, S.B.B. & M., shown as Lot 90 on Record of Survey 2-35, Records
of Survey, County of Orange, State of California; thence N 320 15' 0" E,
138.50 feet; thence N 540 01' 40" E, 184.00 feet; thence S 840 48' 10"
E, 132.74 feet to the Northwest corner of said Tract 2706;
and that it does elect to proceed under the provisions of the Public Service Ease-
ment Vacation Law, Title 5, Division 1, Article 5 of the Government Code; and
BE IT FURTHER RESOLVED that reference is hereby made to a map on file in the
Office of the City Clerk for further particulars as to the proposed vacation, abandon-
ment and closing to public use of said easement; and
BE IT FURTHER RESOLVED that a time and place of hearing all persons interested
in or objecting to the proposed vacation and abandonment shall be fixed not less
than fifteen (15) days from the date of the passage of this resolution. That the
24th day of August, 1964, at 7:30 PM in the Council Chambers in the City Hall of
the City of San Juan Capistrano is hereby fixed as the time and place for a public
hearing on the matter of such vacation, abandonment and closing to public use of
said easement for public utility purposes, for all persons interested in or object-
ing to such proposed vacation, abandonment and closing to public use to appear and
show cause, if any they have, why such easement and the use thereof for the purposes
hereinabove mentioned should not be vacated, abandoned and closed to public use; and
BE IT FURTHER RESOLVED that notices of such proposed vacation and abandonment
of said easement and the use thereof for the purposes herein mentioned shall be
398posted conspeciously along the line of said easement at least ten (10) days before
the date set for said hearing. Such notices shall be posted not more than 300
feet apart, and at least three (3) such notices shall be posted. Such notices shall
state the passage of this Resolution of Intention and the time and place of the
hearing upon the matter of such vacation and abandonment of said easement; and
BE IT FURTHER RESOLVED that proof of publication of any notice required by
this Resolution shall be made by affidavit as provided in the Code of Civil Procedure,
and proof of posting of any such notice shall be made by affidavit of the person
posting the notice, setting forth the facts regarding such posting; and
BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage of
this Resolution and shall cause the same to be published in the manner prescribed
by law, in the Coastline Dispatch, a newspaper of general circulation, printed,
published and circulated in said City of San
THE FOREGOING RESOLUTION is approved
1964.
ATTEST:
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
Capistrano.
by iie this 27th day of July,
San Juan Capistrano
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing resolution was passed and adopted at a regular
meeting of the City Council held on the 27th day of July, 1964, by the following
vote of the members thereof:
AYES: COUNCILMEN: CHERMAK, BATHGATE, BUCHHEIM, OLIVARES and. DURNFORD
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
AND I FURTHER CERTIFY that the Mayor of the City of San Juan Capistrano
approved and signed said resolution on the 27th day of July, 1964.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of San Juan Capistrano this 27th day of July, 1964.
City Clerk of the City of
San Juan Capistrano