Resolution Number 64-10-20-3136
RESOLUTION NO. 64-10-20-3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
ITS INTENTION TO ORDER THE CONSTRUCTION OF
SANITARY SEWERS, TOGETHER WITH APPURTENANCES
AND APPURTENANT WORK IN CONNECTION THEREWITH,
IN ASSESSMENT DISTRICT NO. 64-1 IN SAID CITY:
DECLARING THE WORK TO BE OF MORE THAN LOCAL
OR ORDINARY PUBLIC BENEFIT AND DESCRIBING THE
DISTRICT TO BE BENEFITED BY SAID WORK AND TO
PAY THE COSTS AND EXPENSES THEREOF: AND FIXING
A TIME AND PLACE FOR HEARING OBJECTIONS TO SAID
WORK, AND PROVIDING FOR THE ISSUANCE OF BONDS
The City Council of the City of San Juan Capistrano, California,
pursuant to the provisions of the "Improvement Act of 191111, being Division 7
of the Streets and Highways Code of the State of California, DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the public interest, convenience and necessity require,
and it is the intention of the City Council of the City of San Juan Capistrano,
California, to order the following work to be done, to wit:
DESCRIPTION OF WORK
The construction of sanitary sewers, together with appurtenances
and appurtenant work in connection therewith, in
CAMINO CAPISTRANO
betweeh the westerly prolongation of the northerly line of
Avenida La Paloma and a point approximately 493 feet southerly
thereof; and in
AVENIDA LA PALOMA
between the westerly line of Camino Capistrano and the easterly
line of Avenida Los Amigos, including the intersections of
Avenida La Paloma with Camino Capistrano and Avenida Los Amigos;
and in
ORTEGA HIGHWAY
between the westerly line of Avenida Los Cerritos extended southerly
and the northeasterly city boundary of the City of San Juan
Capistrano; and in
GANADO ROAD
between the Orange County Flood Control District easement (San
Juan Creek) and the northerly terminus of Ganado Road; and in
GALANO WAY
between Ganado Road and the Northerly terminus of Galano Way; and in
ORO PLACE
between Galano Way and the Southesterly terminue os Oro Place;
and in the following
EASEMENTS
(a) Over and across a portion of Lot 35, Tract No. 103, as per
Map recorded in Book 11, pages 29 and 30, Misc. Maps, records of
Orange County, California, being 15.00 feet in width, the centerline
of which is described as follows:
Beginning at the intersection of a line parallel with and distant
Northerly 13.00 feet from the centerline of Avenida La Paloma, as
shown on a Map of Tract No. 1338, recorded in Book 42, page 8 of
Misc. Maps, records of Orange County, California, with a line parallel
437
with and distant W sterly 20.00 feet from the centerline of El
Camino Capistrano, shown as California State Highway U.S. 101 on
said Map of Tract No. 1338; thence South 00 59' 30" West 481.50 feet
to the true point of beginning; thence South 670 44' 47" West; approxi-
mately 535.00 feet to the end of said easement, crossing the right-
of-way of the Atchison, Topeka and Santa Fe Railroad.
(b) Over and across that certain land situated in the City of San
Juan Capistrano that is included within a strip of land 15.00 feet in
width, the centerline of which is described as follows:
Beginning at the intersection of a line parallel with and distant
Northerly 13.00 feet from the center line of Avenida La Paloma, as
shown on a Map of Tract No. 1388, recorded in Book 42, page 8 of
Misc. Maps, records of Orange County, California, with a line parallel
with and distant Westerly 20.00 feet from the center line of El Camino
Capistrano, shown as California State Highway U.S. 101 on said Map
of Tract No. 1338; thence South 890 00' 30" East parallel with said
center line of Avenida La Paloma 381.03 feet; thence South 890 45' 44"
East 380 feet; thence South 890 00' 30" East 380.00 feet; thence
North 470 16' 50" East 979.00 feet; thence North 380 49' 31" East
452.85 feet; thence North 570 57' 37" East 220.53 feet; thence North
480 41' 06" East 848.97 feet; thence North 53° 09' 56" East 1478.34 feet;
thence North 440 57' 50" East 647.86 feet; thence North 420 40' 23" East
466.58 feet; thence North 400 41' 00" East 300.00 feet; thence North
48° 00' 27" East 662.22 feet; thence North 620 53' 57" East 604.81
feet; thence North 630 31' 00" East 1568.52 feet; thence North 880
28' 20" East 119.53 feet to the beginning of a tangent curve concave
Northwesterly having a radius of 120.00 feet; thence Northeasterly
along said curve, through a central angle of 290 23' 13", an arc
distance of 61.55 feet; thence tangent to said curve North 620 08'
27" East 185.74 feet to the beginning of a tangent curve concave North-
westerly having a radius of 320.00 feet; thence Northeasterly along
said curve, through a central angle of 18° 02' 32", an arc distance of
100,77 feet; thence tangent to said curve North 440 05' 55" East 131.24
feet to the beginning of a tangent curve concave Southeasterly having
a radius of 120.00 feet; thence Northeasterly along said curve, through
a central angle of 70 35' 00", an arc distance of 15.88 feet, thence
tangent to said curve North 510 40' 55" East 522.59 feet; thence North
430 04' 30" East 262.76 feet to the beginning of a tangent curve con-
cave Southeasterly having a radius of 200.00 feet; thence Northeasterly
along said curve through a central angle of 30 50' 0011, an arc distance
of 13.38 feet; thence North 460 54' 30" East tangent to said curve,
102,31 feet; thence North 280 21' 29" East 159.88 feet to the beginning
of a tangent curve concave Northwesterly having a radius of 200.00 feet;
thence Northeasterly along said curve through a central angle of 80 08'
2911, an arc distance of 28.42 feet; thence North 200 13' 00" East 228.30
feet to the beginning of a tangent curve concave Southeasterly having
a radius of 200.00 feet; thence Northeasterly along said curve through
a central angle of 19° 14' 0011, an are distance of 66.14 feet; thence
North 390 27' 00" East tangent to said curve, 294.52 feet to the end
of said easement, except portion descrrbed in Camino Capistrano, Ave-
nida La Paloma and Avenida Los Amigos, but including work in San Diego
Freeway and Ganado Road at their respective intersections with the
above described easement (b).
(c) In an access road (commonly known as Wellsite Road) between Ganado
Road and the Southerly terminus of said access road,
(d) Over and across a portion of Lot 5 and a portion of the Northwest
I of Section 6 T8S R7W SBB&M adjacent to the following described line:
Beginning at a point in easement parcel (c) above (Wellsite Road), said
point being on a line lying 6.00 feet Westerly of and parallel to the
center line of said Wellsite Road, and Southerly 845.30 feet from the
intersection of said parallel line with a line 8.00 feet Southwesterly
from and parallel to the centerline of Ganado Road; thence North 820
29' 50" West 220.64 feet to the beginning of a tangent curve concave
Northerly having a radius of 260.00 feet; thence Westerly along said
curve through a central angle of 170 13' 00", an arc distance of 78.13
feet to a line tangent; thence North 650 16' 50" West along said line
tangent 98.00 feet to the beginning of a tangent curve concave Southerly
having a radius of 260.00 feet; thence Westerly along said curve
through a central angle of 090 41' 00" an arc distance of 43.94 feet
438
to a line tangent; thence North 740 57' 50" West along said line
tangent 267.29 feet to the end of said easement, said easement being
10.00 feet in width.
(e) Over and across a portion of Section 6, T8S R7W SBB&M, running
Northerly from the manhole to be constructed in Ganado Road at sewer
station 6 plus 39.53, as shown on sheet 21 of the plans hereinafter
referred to, to the manhole to be constructed in Ortega Highway at
sewer station 0 plus 00, as shown on sheets 22, 23 and 24 of said
plans, said easement being 10.00 feet in width.
(f) Over and across a portion of Section 6, T8S R7W SSB&M, adjacent
to the following described line:
Beginning at the manhole to be constructed in Ortega Highway at sewer
station 4 plus 38.18, as shown on sheets 23 and 26 of the said plans, ^
thence Northwesterly on a curve concave Northeasterly having a radius
of 100.00 feet; through a central angle of 55° 40' 00" an arc distance
of 97.16 feet; thence tangent North 030 03' 49" West 296.23 feet to
the beginning of a tangent curve concave Southwesterly having a radius
of 125.00 feet; thence Northwesterly along said curve through a central
angle of 410 20' 00" an are distance of 90.18 feet; thence North 441
23' 49" West 106.86 feet to the beginning of a tangent curve concave
Northeasterly having a radius of 160.00 feet; thence Northerly along
said curve through a central angle of 360 00' 00" an arc distance of
100.53 feet; thence North 80 23' 49" West 140.00 feet to the end of
said easement, said easement being 10.00 feet in width.
(g) Over and across a portion of Section 6 T8S R7W SBB&M, adjacent
to the following described line:
Beginning at the manhole to be constructed in easement parcel (f) above,
at sewer station 3 plus 93.39, as shown on sheet 26 of said plans,
thence North 890 49' 39" West 275.00 feet, said easement being 10.00
feet in width.
(h) Over and across a portion of Section 6, T8S R7W SBB&M, adjacent
to the following described line:
Beginning at the manhole to be constructed in easement parcel (f)
above, at sewer station 5 plus 41.00, as shown on sheet 26 of said
plans; thence East 90.00 feet, said easement being 10.00 feet in with.
(i) Over and across a portion of Section 32, T7S R7W SBB&M, and a
portion of Section 5, T8S R7W SEEM, lying adjacent to the following
described line:
Beginning at the manhole to be constructed in easement parcel (b)
above, at sewer station 103 plus 91.07, as shown on sheets 12 and 27
of said plans; thence North 001 18' 15" West 1579.36 feet, said ease-
ment being 10.00 feet in width.
(j) Over and across a portion of Section 32, T7S R7W, and a portion
of Section 5, T8S R7W SBB&M, lying adjacent to the following described
line:
Beginning at the manhole to be constructed in parcel (b) above at
sewer station 126 plus 40.66, as shown on sheets 14 and 31 of said
plans; thence Northwesterly on a curve concave Northeasterly having
a radius of 100.00 feet through a central angle of 230 00' 0011, a
distance of 40.14 feet; thence tangent North 000 38' 05" West 221.00
feet, said easement being 10.00 feet in width.
(k) Over and across a portion of Section 32, WS R7W SBB&M, lying
adjacent to the following described line:
Beginning at the Northeasterly terminus of easement parcel (b) above,
as shown on sheets 14 and 32 of said plans; thence Northerly in a direct
line to the manhole to be constructed in Ortega Highway at sewer station
0 plus 00, as shown on sheet 33 of said plans, said easement being 10.00
feet in width.
ACQUISITIONS
That the public interest, convenience and necessity require, and it is
the intention of the City Council of the City of San Juan Capistrano to order the
acquisition of the above described land, easements and rights of way set forth
above consisting of parcels (a) through (k) under heading EASEMENTS, all of which
are hereby determined to be necessary in connection with the work and improvement
above set forth, and it is further the intention of the City Council to assess the
cost of said acquisition, including all incidental expenses thereof, as a part of
the cost of said work and improvement. The easements to be acquired are for public
sewer purposes for the installation of the above improvement, as set forth in
SECTION 1 'hereof.
That the plans hereinafter referred to in SECTION 2 of this Resolution
are hereby referred to for a full and complete description of said easements,
wherein the properties to be acquisitioned are shown and delineated.
PLANS, PROFILES AND SPECIFICATIONS
SECTION 2. All of the said work and improvement to be done shall be
constructed upon the grades, along the lines, between the points of the dimensions,
at the places and in the manner shown on the plans and profiles for said improve-
ment,(being ASSESSMENT DISTRICT NO. 64-1) on file in the office of the City
Engineer of said City, and except as otherwise provided on said plans, in further
accordance with the specifications for the construction of said improvement, said
specifications being on file in the office of the said Engineer and in the office
of the City Clerk of said City, and to which plans, profiles and specifications
heretofore approved by the City Council of said City, reference is hereby made for
a further, full and more particular description of said work, and they shall
govern as to all details.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 3. That said contemplated work and improvement, in the opinion
of said City Council, is of more than local or ordinary public benefit, and of such
nature that the costs and expenses may be assessed in proportion to the estimated
benefits arising therefrom, and said City Council hereby makes the costs and
expenses of said work and improvement chargeable upon a district, which district
the said City Council hereby declares to be the district benefited by said work
and improvement and to be assessed to pay the costs and expenses thereof, and
which district is described as follows:
All that certain land situated in the State of California, County of
Orange, City of San Juan Capistrano, described as follows:
Beginning at the point of intersection of a line that is concentric
with and distant Southeasterly 150.00 feet from the center line of the
I I ,
San Diego Freeway, as said center line is shown on a map filed in
Book 68, page 45 of Record of Surveys on file in the office of the
County Recorder of Orange County, California, with a line that is
parallel with and distant Northwesterly 165.00 feet from the center
line of San Juan Creek, as said center line is shown on a Map filed
in Book 28, page 24 of Record of Surveys; thence Northeasterly along
said line parallel with the center line of San Juan Creek, to the
Southwesterly line of the land designated as Parcel 1 in Deed to the
County of Orange recorded July 28, 1953 in Book 2545, page 380 of
Official Records; thence Southeasterly along said last mentioned
Southwesterly line to a point in the Northerly line of that certain
250.00 feet strip of land described in Deed to the Orange County Flood
Control District recorded January 21, 1938 in Book 924, page 178 of
Official R cords; thence Northeasterly along said last mentioned
Northerly line to the West line of Lot 2 of Section 5, T8S R7W, SBB&M,
as said Section is shown on a Map filed April 12, 1875 in the office of
the Surveyor General of the State of California; thence Northerly
along said West line of Lot 2 to the Southwesterly terminus of that
certain course designated as "South 430 46' West 1941.8 Feet" in Parcel
3 of the Deed to Melvin E. Rosenbaum et al recorded April 21, 1964 in
Book 7012, page 380 of Official Records; thence Northeasterly along
said last mentioned course to the Northeasterly terminus thereof, said
Northeasterly terminus being a point in the Southwesterly line of the
Rancho Mission Viejo; thence Northwesterly along said Southwesterly
line of the Rancho Mission Viejo to the most Northerly corner of the
land described as Parcel 1 in Deed to Frank B. Bowker and wife, recorded
July 17, 1950 in Book 2042, page 265 of Official Records; thence South-
erly along the Westerly line of said land of Bowker to the point of inter-
section with the Easterly prolongation of the East-West center line of
Section 31, T7S T7W SBB&M; thence Westerly along said last mentioned
Easterly prolongation and along said East-West center line of Section
31, T7S R7W to a point in that certain course designated as North 430
70' 00" East 790.10 feet in Parcel 1 of the Deed to Rancho Los Cerritos,
Inc., recorded October 29, 1962 in Book 6302, page 149 of Official
Records; thence Southwesterly to the Northeasterly terminus of that
certain course designated as North 211 14' 30" East 365.98 feet in said
Parcel 1 to Rancho Los Cerritos; thence Southwesterly to the Northwesterly
terminus of that certain course designated as North 100 52' 30" West
384.65 feet West in said Parcel 1 to Rancho Los Cerritos; thence South-
easterly to the Northeasterly terminus of that certain course designated
as North 200 40' 35" East 1541.35 feet in said Parcel 1 to Rancho Los
Cerritos; thence Southwesterly to the Northwest corner of the land des-
cribed in Deed to Paul Jordan, recorded November 4, 1933 in Book 635,
page 399 of Official Records; thence Easterly along the Northerly line
of said land of Jordan to the East line of the Southwest 4 of said
Section 31, T7S R7W; thence Southerly along said East line to the South-
east corner of said Southwest 4 of Section 31, T7S R7W; thence Westerly
along the South line of said Southwest 4 to the Northerly terminus of
that certain course designated as North 20 31' West 722.87 feet in Parcel
1 of the Deed to Arley H. Lack and wife recorded October 11, 1933 in
Book 640, page 134 of Official Records; thence Southerly to the North-
westerly terminus of that certain course designated as South 80 55' East
100.95 feet in that certain quitclaim Deed to Marie Keresey and Margaret
Keresey recorded February 1, 1930 in Book 355, page 170 of Deeds, records
of Orange County, California; thence Southerly along the Westerly boundary
of said land of Keresey to a point in the South line of Lot 3 of Section
6, T8S R7W SBB&M; said point being the Southwest corner of said land of
Keresey; thence Westerly along said South line of Lot 3 to the Northeast
corner of Lot 90, as said Lot 90 is shown on a Map filed in Book 2, page
35 of Record of Surveys; thence Southerly along the Easterly line of
said Lot 90 to the Northeast corner of Tract No. 2706, as shown on a Map
recorded in Book 82, pages 16 and 17 of Misc. Maps, records of Orange
County, California; thence Westerly and Southwesterly along the Northerly
boundary of said Tract No. 2706 to the Northwest corner thereof; thence
Southerly along the Westerly boundary of said Tract No.2706 to the most
Northerly corner of Parcel 2 in Deed to Floyd E. Andres and Charles F.
Andres recorded August 12, 1942 in Book 1146, page 366 of Official Records;
thence Southwesterly along the Northerly boundary of said land of Andres
to an angle point therein; thence Southerly along the Westerly boundary
of said land of Andres to the Easterly prolongation of the Northerly line
of the land described in Deed to Francis Mora, recorded October 14, 1879,
in Book 70, page 121 of Deeds, records of Los Angeles County, California;
thence Westerly along said Easterly prolongation and along said Northerly
line of the land of Mora to the Northwest corner thereof; thence South-
westerly to the Northeasterly corner of that certain land described in a
IF
Memorandum of Lease to Shell Oil Company, recorded May 29, 1963 in
Book 6568, page 87 of Official Records; thence Westerly along the
Northerly line of said land to the Shell Oil Company Lease to the
Northwest corner thereof; thence Southerly along the Westerly line
of said land of the Shell Oil Company Lease to the Southwest corner
thereof; thence Southerly to the Northerly terminus of that certain
course designated as North 20 35' 35" East 448.54 feet in Parcel 1
of the Deed to the State of California, recorded March 29, 1957 in
Book 3854, page 39 of Official Records; thence Southerly along the
Easterly line of said Parcel 1 to the most Northerly corner of the
land described in Deed to Philip James Keresey et al; thence Southerly
along the Westerly line of said last mentioned land of Keresey to the
most Southerly corner thereof, said Southerly corner being a point in
a curve concentric with and distant Easterly 150.00 feet from said
center line of the San Diego Freeway; thence Southerly along said con-
centric line to the point of beginning.
That a Map indicating the boundaries of the above described district is
on file in the Office of the City Clerk of said City of San Juan Capistrano,
California.
DESCRIPTION OF BONDS
SECTION 4. That Serial Bonds, bearing interest at the rate of six
per cent (6%) per annum, shall be issued to represent each assessment of Fifty
Dollars ($50.00) or more, remaining unpaid for thirty (30) days after the date of
mailing of Notices pursuant to Section 5390 of the Streets and Highways Code.
Said Sericl Bonds shall extend over a period ending nine (9) years from the second
day of January next succeeding the next September first following their date.
Payments on the principal of unpaid assessments and interest thereon shall be made
by property owners to the City Treasurer, and the same shall be disbursed by said
City Treasurer, all as provided in the "Improvement Act of 1911", hereinafter
referred to.
The City Council does hereby elect and determine to have the redemption
provisions of said bonds provide a premium of five per cent (5%) of the unmatures
principle in accordance with the provisions of Section 6464 of the Streets and
Highways Code of the State of California.
TIME AND PLACE OF HEARING
SECTION 5. NOTICE IS HEREBY GIVEN that on the 14th day of December
1964, at the hour of 7:30 P.M. in the Council Chambers located in the City Hall,
City of San Juan Capistrano, California, any and all persons having any objections
to the proposed work or improvement or acquisitions, or to the extent of the Assess-
ment District or to the proposed grades, may appear and show cause why said work
should not be done or carried out in accordance with this Resolution of Intention.
Protests must be in writing and must be delivered to the City Clerk prior to the
time set for the hearing.
IMPROVEMENT ACT
SECTION 6. That all of the work herein proposed shall be done and
carried through in pursuance to an Act of the Legislature of the State of California,
/A
desJ_gnated the "Improvement Act of 191111, being Division 7 of the Streets and
Highways Code of the State of California.
NECESSITY FOR IMPROVEMENT
SECTION 7. That these proceedings have been instituted upon the
recommendation of the Health Officer for the City of San Juan Capistrano, California,
under Section 2808 of the Streets and Highways Code of the State of California
wherein said Health Officer states the necessity for the installation and con-
struction of certain improvements herein set forth as a health measure.
The estimated cost of the improvement is as follows:
Cost of Construction
Cost of Acquisitions
$385,000.00
10,500.00
Incidental Expenses 74,500.00
Total Estimated Cost $470,000.00
PUBLICATION OF RESOLUTION OF INTENTION
SECTION 8. The "COASTLINE DISPATCH", a newspaper published and of
general circulation in the City of San Juan Capistrano, California, is hereby
designated as the newspaper in which this Resolution of Intention shall be publi-
shed by the City Clerk in the manner and form provided by law.
The City Clerk is directed to mail Notices of the adoption of this
Resolution of Intention to all persons owning real property proposed to be assessed,
whose names and addresses appear on the last equalized assessment roll for City
taxes, all in the manner and form provided for under Sections 5070, 5194 and 5195
of the "Improvement Act of 191111, of the Streets and Highways Code of the State
of California.
POSTING OF NOTICE OF IMPROVEMENT
SECTION 9. The Superintendent of Streets of the City of San Juan
Capistrano, California, shall cause to be conspicuously posted along the line of
said contemplated work or improvement and along all open streets within the district
liable to be assessed for said work, Notices of the passage of this Resolution of
Intention in the time, form and manner provided by said Code.
SECTION 10. The City Clerk shall certify to the passage of this Reso-
lution and shall cause the same to be published twice by two (2) separate, consecu-
tive insertions in the above designated newspaper. The first publication shall be
made not less than ten (10) days prior to the date of the public hearing stated
herein.
FILING MAP OF ASSESSMENT DISTRICT
SECTION 11. The City Clerk is directed to endorse on the original and
on at least one copy of the map or plat of the assessment district as referred to
443
in Section 3 hereof his certificate evidencing the date and adoption of this
Resolution of Intention, and he is further directed to file the original of such
map or plat in his office and within fifteen (15) days after the adoption of this
Resolution, and in no event later than fifteen (15) days prior to the date of hear-
ing, as provided in Section 5 hereof, he is further directed to file a copy of said
map or plat, with his endorsement thereon, with the County Clerk of Orange County,
California, all in the manner and form provided for in Section 3111 of the Streets
and Highways Code of the State of California.
APPROVED and ADOPTED this
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
San Juan Capistrano
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No.
64-10-20-3, was duly passed, approved and adopted by said City Council, approved
and signed by the Mayor, and attested by the City Clerk, all at an adjourned
regular meeting of said City Council held on the 20th day of October, 1964, and
that the same was passed and adopted by the following vote, to wit:
AYES: COUNCILMEN: BATHGATE, BUCHHEIM, CHERMAK, OLIVARES and DURNFORD
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
DATED this 20th day of October, 1964.
City Clerk of the City of
San Juan Capistrano