Resolution Number 64-12-14-14"75
RESOLUTION N0. 64-12-14-1
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 APPURTE-
NANT 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 BENE-
FITED 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 % 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
between 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
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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 Southeasterly terminus of 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:
476
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. 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 centerline
of E1 Camino Capistrano, shown as California State Highway U.S.
101 on said Map of Tract No. 1388; thence South 00 59' 30" West
481.50 feet to the true point of beginning; thence South 670 44'
47" West; approximately 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 centerline
of El Camino Capistrano, shown as California State Highway U.S. 101
on said Map of Tract No. 1388; thence South 890 00' 30" East parallel
with said centerline 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 47° 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 530 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 40° 41' 00" East 300.00
feet; thence North 480 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 North-
easterly 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 180 02' 3211, an are 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 07° 35' 0011, 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 concave
Southeasterly having a radius of 200.00 feet; thence Northeasterly along
said curve through a central angle of 030 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 080 08' 29", 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 190 14' 0011, an arc 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 described in Camino Capistrano, Avenida 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 Southwest y 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
centerline 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'
477
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 17° 13' 0011, 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 begin-
ning 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 to a line tangent; thence North 740 57' 50" West
along said line tangent 267.29 feet to the end of said easement, said ease-
ment 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'O 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 SBB&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 North-
westerly on a curve concave Northeasterly having a radius of 100.00 feet,
through a central angle of 550 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 North-
westerly along said curve through a central angle of 41° 20' 00" an arc dis-
tance of 90.18 feet; thence North 440 23' 49" West 106.86 feet to the begin-
ning 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
are 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 width.
(i) Over and across a portion of Section 32, T7S R7W SBB&M, and a portion
of Section 5, T8S R7W SBB&M, 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 easement parcel (b) above, at
sewer station 103 plus 91.07, as shown on sheets 12 and 27 of said plans;
thence North 000 18' 15" West 1597.36 feet, said easement 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 Northwest-
erly on a curve concave Northeasterly having a radius of 100.00 feet through
a central angle of 23° 00' 00", 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, T7S 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 acqui-
sition 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 con-
structed 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 on file in the office of the City Engineer
of said City, and except as otherwise provided on said plans, in further accord-
ance with the specifications for the construction of said improvement, said speci-
fications 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 hereto-
fore 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 expen-
ses 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:
479
Beginning at the point of intersection of a line that is concentric with
and distant Southeasterly 150.00 feet from the centerline of the San Diego
Freeway, as said centerline 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 North-
westerly 165.00 feet from the centerline 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 centerline 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 Records; thence North-
easterly 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 Southerly along the Westerly line of said land
of Bowker to the point of intersection with the Easterly prolongation of the
East-West centerline of Section 31, T7S R7W SBB&M; thence Westerly along said
last mentioned Easterly prolongation and along said East-West centerline 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 21° 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 Southeasterly 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 described 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 Southeast 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 020 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 080 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 prolong-
ation and along said Northerly line of the land of Mora to the Northwest
corner thereof; thence Southwesterly to the Northeasterly corner of that
certain land described in a 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 of 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 020 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 North-
erly 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 centerline
of the San Diego Freeway; thence Southerly along said concentric 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 Serial
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 the
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 pro-
visions of said bonds provide a premium of five per cent (5%) of the unmatured
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 Ilth day of January, 1965, 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 Assessment
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. Pro-
tests 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, desig-
nated the "Improvement Act of 1911", 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 reomend-
ation 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 construction of
certain improvements herein set forth as a health measure.
The estimated cost of the improvement is as follows:
Cost of Construction $ 385,000.00
Cost of Acquisitions 10,500.00
Incidental Expenses 74,500.00
Total Estimated Cost $ 470,000.00
PUBLICATION OF RESOLUTION OF INTENTION
SECTION B. 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 published 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 1911", of the Streets and Highways Code of the State of California.
POSTING 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 Resolution
and shall cause the same to be published twice by two (2) separate, consecutive
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 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 hearing, as pro-
v..ded 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, Cali-
f)rnia, all in the manner and form provided for in Section 3111 of the Streets and
Hi-ghways Code of the State of California.
SECTION 12. That Resolution No.
APPROVED and ADOPTED this 14th da
A',TEST:
City Clerk
SATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
C:TY 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
Nc. 64-12-14-1, was duly passed, approved and adopted by said City Council,
approved and signed by the Mayor, and attested by the City Clerk, all at a
regular meeting of said City Council held on the 14th day of December 1964,
aiid that the same was passed and adopted by the following vote, to wit:
AYES: COUNCILMEN: BUCHHEIM, CHERMAK, OLIVARES and DURNFORD
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: BATHGATE
DITED this 14th day of December, 1964
City Clerk of the City of
San Juan Capistrano, California