Resolution Number CRA 87-4-7-31 ,85
RESOLUTION NO. CRA 87-4-7-3
EXEMPT FROM ACQUISITION BY EMINENT DOMAIN (BURKE)
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, DECLARING THAT CERTAIN REAL
PROPERTY WITHIN THE CENTRAL REDEVELOPMENT PROJECT
AREA IS EXEMPT FROM ACQUISITION BY EMINENT DOMAIN
AND AUTHORIZING THE RECORDATION OF SAID RESOLUTION
IN THE RECORDS OF THE COUNTY OF ORANGE, STATE OF
CALIFORNIA (BURKE)
WHEREAS, the Community Redevelopment Agency ("Agency") of the City of
San Juan Capistrano has adopted a Redevelopment Plan for the Central Redevelopment
Project Area ("Plan"); and,
WHEREAS, the Plan and California Health and Safety Code Section 33000 et
seq and other laws authorize the Agency to acquire by eminent domain real property
located in the Central Redevelopment Project Area ("Project Area") for redevelopment
purposes; and,
WHEREAS, California Health and Safety Code Section 33399 provides that a
redevelopment agency may by resolution, which resolution shall be recordable, exempt
real property from acquisition by eminent domain, and after such action a redevelopment
agency shall have no power of eminent domain as to that certain property, unless the
redevelopment plan is thereafter amended to expressly make the certain property subject
to acquisition by eminent domain; and,
WHEREAS, Paul J. Burke ("Owner") is the fee owner of record of that certain
residential property located at 31351 Aguacate, San Juan Capistrano, County of Orange,
State of California, Assessor's Parcel Number 121-070-59 and legally described on the
attached and incorporated by this reference Exhibit "A" hereto, ("Subject Property"), and
the Subject Property is within the Project Area, and the Owner has requested of the
Agency that the Subject Property be exempt from acquisition by eminent domain under
the Plan; and,
WHEREAS, the Agency desires to exempt the Subject Property from
acquisition by eminent domain under the Plan.
NOW, THEREFORE, BE IT RESOLVED, by the San Juan Capistrano
Community Redevelopment Agency, City of San Juan Capistrano, California, as follows:
SECTION I.
The Agency hereby determines that the Subject Property legally described on
Exhibit "A" shall be and is hereby exempt from acquisition by eminent domain by the
Agency under the Plan.
-1-
Aft
SECTION 2.
The Agency hereby authorizes and directs that a true copy of this resolution be
recorded in the Official Records of the County of Orange, State of California and with
the Official Records of the Agency and the City of San Juan Capistrano.
PASSED, APPROVED, AND ADOPTED this 7th day
of _April , 1987.
LGAR7Y L. HAUSDORFER, CHAI N
ATTEST:
i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, Secretary of the San Juan Capistrano Community
Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct
copy of Resolution No. CRA 87-4-7-3 adopted by the Board of Directors of the
San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof
held on the 7th day ofArg it , 1987, by the following vote:
AYES: Directors Schwartze, Bland, Friess, Buchheim,
and Chairman Hausdorfer
NOES: None
ABSENT: None
(SEAL)
MARY ANNZOANOVER,
AGENCY SECRETARY
-2-
187
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes and says:
That she is the duly appointed and qualified Secretary of the San Juan
Capistrano Community Redevelopment Agency;
That in compliance with State laws of the State of California and in further
compliance with City Resolution No. CRA 83-12-20-1 and on the 9th day
of April , 1987, she caused to be posted:
RESOLUTION NO. CRA 87-4-7-3 , being:
EXEMPT FROM ACQUISITION BY EMINENT DOMAIN (BURKE)
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, DECLARING THAT CERTAIN REAL
PROPERTY WITHIN THE CENTRAL REDEVELOPMENT PROJECT
AREA IS EXEMPT FROM ACQUISITION BY EMINENT DOMAIN
AND AUTHORIZING THE RECORDATION OF SAID RESOLUTION
IN THE RECORDS OF THE COUNTY OF ORANGE, STATE OF
CALIFORNIA (BURKE)
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire
Station Recreation Complex; Orange County Public Library.
tvfARY ANN A O ER, Secretary
San Juan Ca6istrano Community
Redevelopment Agency
CHFCK LIST
RES. NO. CRAQ 7- %^ 7-,3
Chairman has signed
Secretary has signed
Agency Seal stamped
—� All blanks typed in
"Absent"
"Noes" _
"Abstain"
Copies sent to post -31
file
mailcertified /
71.., n AG
Legal Publication ordered to be published
(date)
No. Printed copies required
t/� d
Rmarks
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EXHIBIT "A"
BURKE
121-070-59
PARCEL A: (//63)
That portion of Section 1, Township 8 South, Range 8 West, S.B.B.M., shown as Parcel 4
on a Map recorded in Book 80, pages 38 and 39 of Parcel Maps, records of said
Orange County, California.
RESERVING UNTO THE GRANTORS HEREIN that portion included within the following:
A non-exclusive easement for ingress, egress, water lines and incidentals thereto, over a
strip of land 15.00 feet in width, lying Northeasterly and Northerly of and adjoining the
Southwesterly and Southerly boundary line of Parcel 4 as shown on the Map recorded in
Book 80, Pages 38 and 39 of Parcel Maps, records of Orange County, California.
PARCEL B: (ESMT 1162, #64 & 1165)
A non-exclusive easement for ingress, egress, public utilities, and equestrian access over
the following described land:
A strip of land 38.00 feet in width lying Easterly of and adjoining the following described
line:
Beginning at the most Northerly corner of Lot 1 of Tract No. 318, as shown on a Map
thereof recorded in Book 14, page 39 of Miscellaneous Maps, records of said Orange
County; thence North l0 27' 30" West 480.00 feet parallel to and Westerly of the most
easterly boundary of Parcel 1 as shown on a Map recorded in Book 80, Pages 38 and 39 of
Parcel Maps, records of said Orange County, and the Northerly prolongation thereof.
The Westerly lines of said strip to be prolonged Southeasterly to intersect with the
Northwesterly line of said Lot 1 within Tract No. 318.