Resolution Number 64-10-26-2RESOLUTION NO. 64-10-26-2 447
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO ACKNOWLEDGING RECEIPT OF A
PETITION FOR THE ANNEXATION OF CERTAIN UNINHABITED
TERRITORY TO THE CITY OF SAN JUAN CAPISTRANO DESIG-
NATING THE TERRITORY AS THE ROSENBAUM ANNEXATION;
DESCRIBING THE BOUNDARIES OF THE TERRITORY PROPOSED
TO BE ANNEXED AND GIVING NOTICE OF THE DAY, HOUR
AND PLACE WHERE AND WHEN ANY PERSON OWNING REAL
PROPERTY WITHIN SUCH TERRITORY SO PROPOSED TO BE
ANNEXED MAY APPEAR BEFORE THE CITY COUNCIL AND SHOW
CAUSE WHY SUCH TERRITORY SHOULD NOT BE ANNEXED TO THE
CITY OF SAN JUAN CAPISTRANO AND RESCINDING RESOLUTION
NO. 64-9-28-3.
WHEREAS, The City Council of the City of San Juan Capistrano did on the 28th
day of September, 1964, receive a written petition asking that certain new territory
described in said petition be annexed to the City of San Juan Capistrano; and
WHEREAS, prior to the circulation of filing of said petition, notice of
intention to annex said territory, containing the specific boundaries of the terri-
tory to be annexed, was filed with the Local Agency Formation Commission; and
WHEREAS, said Local Agency Formation Commission has rendered its decision,
as provided in Section -54766 of the Government Code, approving said annexation; and
WHEREAS, before the filing of said petition, the proposal for the annexation
of the territory hereinafter described to the City of San Juan Capistrano was
submitted to the Boundary Commission of the County of Orange, State of California,
and reported upon by said Boundary Commission with respect to the definiteness and
certainty of the proposed boundaries; and
WHEREAS, said territory proposed to be annexed to said City of San Juan
Capistrano is situated in the County of Orange, State of California, and is conti-
guous to the City of San Juan Capistrano and is uninhabited territory, and said
petition contained a description of said territory in words and figures as herein-
after in this resolution described; and
WHEREAS, the City Council finds from evidence and reports received that at
the time of the filing and receipt of said petition, it was and now is signed by
owners of not less than one-fourth (4) of the land in the territory by area and by
assessed value in the territory to be annexed, according to the last preceding
equalized county assessment roll; and
WHEREAS, the City Council finds from evidence and reports received and from
said petition at the time of the filing and presentation of said petition that said
new territory proposed to be annexed to said City of San Juan Capistrano did not
form a part of any municipal corporation and that said territory was uninhabited
and is contiguous to the City of San Juan Capistrano; and
WHEREAS, the City Council finds from said petition and evidence and reports
received that the boundaries of the territory so proposed to be annexed to the
J,48
City of San Juan Capistrano are as follows, to wit:
Those portions of fractional Section 25 and Section 36 in Township 7
South, Range 8 West, San Bernardino Base & Meridian, and of Sections
30 and 31 in Township 7 South, Range 7 West, San Bernardino Base &
Meridian, as said sections are shown on Official Plats of saz3 townships
filed May 19, 1878 and April 12, 1875 respectively, in the District Land
Office, in the County of Orange, State of California, described as follows:
Beginning at the intersection of the East-West centerline of said fractional
Section 25, and the Southwesterly boundary line of the Rancho Mission Viejo
as same is shown on Sheet 10 of a Licensed Surveyor's Map of the "Boundary
Survey of the Rancho Santa Margarita, Rancho Mission Viejo, Rancho Trabuco",
filed in Book 8, Pages 34 to 46 inclusive, Record of Surveys, records of Orange
County; thence along said Southwesterly boundary South 530 44' 07" East 1877.23
feet to the Westerly line of the land described in Parcel 1 of a Deed to
Newport Balboa Savings and Loan Association, a corporation, recorded March
11, 1960, in Book 5141, Page 95 of Official Records, records of Orange
County; thence along said Westerly line the following courses: South 070
57' 03" West 999.28 feet; thence South 120 12' 12" East 206.74 feet; thence
South 120 08' 03" West 423.62 feet to an angle point in the Northerly line
of the land described in Parcel 1 of a Deed to P. A. Palmer, Inc., a
corporation, recorded March 11, 1960, in Book 5141, Page 84 of Official
Records, records of Orange County; thence leaving said Westerly line along
said Northerly line the following courses: North 61° 35' 02" West 310.00
feet; thence South 70° 30' 16" West 373.99 feet; thence South 530 18' 36"
West 256.90 feet; thence South 880 17' 40" West 710.25 feet; thence South
39° 39' 20" West 655.90 feet; thence South 540 56' 18" West 501.94 feet
to the W line of the NE quarter of the NE quarter of said Section 36;
thence leaving said Northerly line along said East line South 000 36'
O8" West 319.24 feet to the Southwest corner of the Northeast quarter of
the Northeast quarter of said Section 36, said corner also being the inter-
section of said East line with the Southwesterly line of the land conveyed
to Oscar Rosenbaum by a Deed recorded in Book 265, Page 69 of Deeds, records
of Orange County, said intersection also being a point in the Northerly
boundary line of the City of San Juan Capistrano as it existed on April
19, 1961; thence along sad Southwesterly line and said Northerly boundary
line North 660 23' 00" West 1126.19 feet to a point in the Northeasterly
line of the San Diego Freeway as recorded in a Deed dated May 17, 1957
in Book 3911, Page 232, Official Records, records of Orange County; thence
continuing along said Southwesterly line and said Northerly boundary line
North 660 23' 00" West 105.38 feet; thence leaving said Southwesterly line
continuing along said Northerly boundary line the following courses:
North 210 59' 34" West 1.29 feet to the beginning of a tangent curve con-
cave Southwesterly and having a radius of 2879.00 feet; thence North-
westerly 1389.78 feet along said curve thru a central angle of 270 39'
30" to a point, the radial line of said curve to said point bears North
400 20' 56" East; thence leaving said Northerly boundary line along the
prolongation of said radial line North 400 20' 56" East 105.68 feet to
the intersection of said prolongation with the centerline of the Orange
County Flood Control District right-of-way as described in a Deed recorded
in Book 898, Page 576, Official Records, records of Orange County, said
centerline being a curve concave Southeasterly, having a radius of 350.00
feet, the radial line of said curve to said intersection bears North 610
25' 21" West; thence along said centerline the following courses: North-
easterly 158.14 feet along said curve thru a central angle of 250 53'
17" to a point of reverse curvature with a curve concave Westerly having
a radius of 186.32 feet; thence Northerly 204.19 feet along said curve
thru a central angle of 620 47' 30" to a point of compound curvature with
a curve concave Westerly having a radius of 449.20 feet; thence Northerly
194.43 feet along said curve thru a central angle of 240 48' 00"; thence
tangent to said curve North 330 07' 34" West 176.78 feet to the beginning
of a tangent curve concave Easterly having a radius of 125.00 feet;
thence Northerly 255.47 feet along said curve thru a central angle of
1170 06' 00"; thence tangent to said curve North 830 58' 26" East 217.96
feet to the beginning of a tangent curve concave Northwesterly having a
radius of 250.00 feet; thence Northeasterly 240.05 feet along said curve
thru a central angle of 550 01' 00"; thence tangent to said curve North
280 57' 26" East 138.36 feet to the beginning of a tangent curve concave
Southeasterly having a radius of 300.00 feet; thence Northeasterly
83.13 feet along said curve thru a central angle of 150 52' 39" to a
point, the radial line of said curve to said point bears North 450 09'
55" West; thence leaving said centerline of Orange County Flood Control
District right-of-way South 190 04' 06" East 145.51 feet; thence South
449
860 21' 06" East 264.4.0 feet; thence North 410 23' 09" East 453.79 feet;
thence North 020 48' 54" East 450.85 feet; thence South 830 09' 24" West
137.46 feet; thence North 610 30' 36" West 271.21 feet to a point in the
Easterly line of Tract No. 112, as shown on a map recorded in Book 11,
Page 12 of Miscellaneous Maps, records of Orange County; thence along
said Easterly line North 120 58' 54" East 394.20 feet to said East-West
centerline of fractional Section 25; thence along said East-West center-
line North 890 49' 14" East 1932.51 feet to the point of beginning.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan
Capistrano that such proposed annexation be hereby given as hereinafter provided.
BE IT FURTHER RESOLVED that a public hearing shall be had upon the date set,
not less than forty (40) or more than sixty (60) days after the passage of this
resolution, unless the owner or owners of all of the territory to be annexed have
petitioned for annexation or filed their consents to such annexation, in writing,
with the City Council in which event the hearing shall be set at any time after
compliance with Section 35311 of the Government Code.
AND BE IT FURTHER RESOLVED that the City Council does find that the owner
or owners of all of the territory proposed to be annexed have petitioned for
annexation or filed their consents to such annexation, in writing, with the City
Council.
BE IT FURTHER RESOLVED that the 23rd day of November, 1964, at the hour of
7:30 o'clock P.M., at the City Council Chamber in the City Hall of the City of
San Juan Capistrano be, and the same is hereby fixed as the day, hour and place
when and where the City Council will hear protests made by any owner or owners of
real property within the territory proposed to be annexed; and that at any time
before the closing of said hearing on protests, any owner of property within Said
territory may file with the City Clerk a written protest against the annexation.
Said protests shall be in writing and shall state the name of the owner of the
property affected and the description and area of the property in general terms.
BE IT FURTHER RESOLVED that the City Clerk be and he is hereby authorized and
directed to cause a copy of this resolution to be published at least twice, but not
oftener than once a week, in a newspaper of general circulation, published in the
City, to wit: The Coastline Dispatch of San Juan Capistrano, Orange County,
California, and that such publication shall be completed at least twenty (20) days
prior to the date of hearing hereinabove specified.
AND BE IT FURTHER RESOLVED that the City Clerk of the City of San Juan Capistrano
be, and he is hereby authorized and directed to cause written notice of such proposed
annexation to be mailed to each person to whom land within the territory proposed
to be annexed is assessed, in the last equalized county assessment roll address shown
on said assessment roll or as known to said City Clerk, and to any person who has filed
his name and address and the designation of lands in which he has any interest,
either legal or equitable, with said Clerk; and in the event that land within the
territory proposed to be annexed to the City of San Juan Capistrano is owned by
E County, the City Clerk of the City of San Juan Capistrano shall also cause
written notice of such proposed annexation to be mailed to the Board of Supervisors
of such County. The foregoing notices shall be given not less than twenty (20) days
before the first public hearing on the proposed annexation.
AND BE IT FURTHER RESOLVED that
THE FOREGOING RESOLUTION is
October, 1964.
ATTEST:
City Clerk of the City
'San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
64-9-28-3 is here by rescinded.
and sinned �y mq-4hi� 26th day of
San Juan Capistrano
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano,
California, hereby certify that the foregoing is a true and correct copy of a
resolution of the City Council of said City numbered 64-10-26-2, adopted by the
City Council of said City on the 26th day of October, 1964, and was so passed
and adopted by the following stated vote, to wit:
AYES: COUNCILMEN: BATHGATE, CHERMAK, OLIVARES and DURNFORD
NOES: COUNCILMEN: BUCHHEIM
ABSENT: COUNCILMEN: NONE
and was thereafter on said day signed and approved by the Mayor of said City.
City Clerk