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Ordinance Number 122ORDINANCE NO. 122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING THE ANNEXATION TO THE CITY OF SAN JUAN CAPISTRANO OF THE TERRITORY KNOWN AS "CAPISTRANO SHORES" ANNEXATION The City Council of the City of San Juan Capistrano does ordain as follows: SECTION 1. That the City Council of the City of San Juan Capistrano did on the 28th day of January, 1966, receive a written petition asking that certain new territory described in said petition be annexed to the City of San Juan Capistrano. That 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 Local Agency Formation Commission of the County of Orange, State of California, and reported upon by said Cormdssi6n with respect to the definiteness and certainty of the proposed boundaries, the non-conformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory and other similar matters affecting the proposed boundaries. - The said proposal received a favorable report therefrom. That said territory proposed to be annexed to said City of San Juan Capistrano is contiguous to the City of San Juan Capistrano, and is uninhabited territory. That said petition contained a.description ofsaid territory in words and figures as hereinafter in the ordinance described. That the City Council duly assembledat a regular meeting of said City Council on the 23rd day of May, 1966, did find that said petition at the time it was filed and received was signed by6the owners of not less than one-fourth of the land in the territory by area and by assessed value, as shown on the last preceding equalized assessment roll of the.County of Orange, State of California, in which said territory is situated, and that said territory did not form a part of any municipal corporation, and did find that said territory is contiguous to the City of San Juan Capistrano and is uninhabited territory. That on the 23rd day of May, 1966, at a regular meeting of said City Council of the City of San Juan Capistrano Resolution No. 66-5-23-5 was duly passed and adopted specifically describing the boundaries of the territory so proposed to be annexed to the City of San Juan Capistrano and designating such territory as "CAPISTRANO SHORES" ANNEXATION and giving notice of such annexation and fixing the 18th day of June, 1966, at the hour of 6:00 PM, at the City Council chamber in the City Hall of the City of San Juan Capistrano, as the day, hour and place for hearing of oral and written protests to said annexation and when and where any person owning real property within such territory so proposed to be annexed and having objections c to the proposed annexation might appear before the City Council of the City of San, Juan Capistrano and present oral or written objections to the annexation of said territory to the City of San Juan Capistrano, and directing the City Clerk to pub- lish or cause to be published a copy of said resolution at least twice, but not oftener than once a week, for two successive weeks prior to the date of said hearing, in a newspaper of general circulation, printed., published and circulated in the City of San Juan Capistrano, to wit: The Coastline Dispatch of San Juan Capistrano, California, and directing that saE publication be completed at least twenty (20) days prior to the date of hearing hereinabove mentioned; and further directing the City Clerk of the City of San Juan Capistrano to cause written notice of such pro- posed annexation to be mailed to each person to whom land within the territory pro- posed to be annexed is assessed in the last equalized assessment roll available on the date the proceedingswereinitiated, at the addressshown on said assessment roll or as known to said City Clerk, and to any person who has filed his name and address and the designations of lards in which he has any interest, either legal or equitable, with said City Clerk; and that in the event that land within the territory proposed to be annexed to the City of San Juan Capistrano is owned by a County that the City Clerk shall cause written notice of such proposed annexation to be mailed to theBoardof Supervisors of such County, and directing such notices be given not less than twenty (20) days before the first public hearing on the pro- posed annexation. - - That on the hour, day and at the place specified in said Resolution No. 66_5_23_5 to wit: On the 18th day of July, 1966, at the hour of 6:00 d'clock PM, in the City Council chamber in the City Hall in the City of San Juan Capistrano, California, the City Council of the City of San Juan Capistrano did meet and assemble to hear and pass on all protests filed or received up to the closing of the hearing on said protests and the City Council did find that the resolution fixing the time and place of said bearing was published by the City Clerk as herein directed, and that written notic8 of such proposed annexation was mailed to each person to whom land within the territory proposed to be annexed is assessed, or in which such person has any interest, by the City Clerk as directed in said resolution. That said hearing on protests was closed on the 18th day of July, 1966. That written protests were not made by the owner or owners of one-half of the value of the terri- tory proposed to be annexed according to the last equalized assessment roll of the County of Orange, State of California, nor were protests made by public or private owners equal to one-half of the value of the territory proposed to be annexed as determined by the City Council and Resolution No. 66-7-18-1 was passed on the 18th day of July, 1966, declaring that there was not a majority protest. 91 SECTION 2. That the annexation of the territory included within the boundaries of the "CAPISTRANO SHORES" ANNEXATION, and more particularly described as follows, to wit: That portion of Tract No. 5292, in the County of Orange, State of California as per map recorded in Book 220, page 32, of Miscellaneous Maps, in the office of the Recorder of said County, and that portion of the Pryor Homestead Tract as shown on a partition map made under decree made by the Superior Court of the County of Orange in Case No. 1210 entitled "Rosa de Pryor plt. vs. Reginald Pryor et al", d£ts., recorded in the office of said recorder, which lie within the following described boundaries: Commencing at the intersection of the northerly line of the Rancho Boca de La Playa as shown on a map recorded June 29, 1887 in Book 4, pages 2-18 and 119, of Patents, records of Los Angeles County with the center line of Del Obispo Street 80 feet wide; thence South 40 08' 10" West along said center line 1453.41 feet more or less to a point in the northeasterly line of said Tract No. 5292; thence North 660 32'-24" West 42.39 feet to the westerly boundary of said Del Obispo Street and the "TRUE POINT OF BEGINNING"; thence along said westerly boundary the following courses: South 40 08' 10" West 41.52 feet to the beginning of a curve concave to the northeast tangent of said last mentioned course and having a radius of 440.00 feet; thence south- easterly along said curve through a central angle of 190 19' 00" a distance of 148.34 feet; thence tangent to said curve South 150 10' 50" East 531.18 feet to the beginning of a curve concave to the southwest, tangent to said last mentioned course and having a radius of 360.00 feet; thence south- easterly along said last mentioned curve through a central angle of 110 46' 40" a distance of 74.00 feet; thence tangent to said last mentioned curve South 30 24' 10" East 519.59 feet to the beginning of a curve concave to the northeast tangent to said last mentioned course and having a radius of 440.00 feet; thence southeasterly along said last mentioned curve through a central angle of 190 46' 10" a distance of 151.82 feet; thence tangent to said last mentioned curve South 230 10' 20" East 458.70 feet to the beginning of a, curve concave to the southwest, tangent to said last mentioned course and having a radius of 360.00 feet; thence southeasterly along said last mentioned curve through a central angle of 18° 46' 00" a distance of 117.91 feet; thence tangent to said last mentioned curve South 40 24' 20" East 828.57 feet to the beginning of a curve concave to the west, tangent to said last mentioned course and having a radius of 660.00 feet; thence southerly along said last mentioned curve through a central angle of 32° 47' 00" a distance of 377.64 feet; thence tangent to said last mentioned curve South 28° 22' 40" West 125.75 feet more or less to the westerly prolongation of the center line of Victoria Street, 60 feet wide, as same existed on December 23, 1965; thence South 680 54' 1011 East along said westerly pro- longation and said center line and leaving said westerly boundary 687.75 feet to a point in a curve concave to the east and having a radius of 2125.00 feet a radial of said last mentioned curve to said last mentioned point bears North 740 10' 47" West, said last mentioned curve also being in the westerly boundary of the Orange County Flood Control District as same existed on December 23, 1965; thence northerly along said last men- tioned curve and along said last mentioned westerly boundary through a central angle of 3° 33' 34" a distance of 132.01 feet; thence tangent to said last mentioned curve and continuing along said last mentioned westerly boundary North 190 22' 47" East 1080 feet more or less to the northerly line of that certain parcel of land entitled Christina S. Pryor 40 4/10 Acres as shown on said partition map of said Pryor Homestead Tract; thence South 68° 54' 10" East along said last mentioned northerly line 690 feet more or less to the easterly boundary of the Atchison Topeka and Santa Fe Railroad right of way and an angle point in the original boundary of the City of San Juan Capistrano as same existed on April 19, 1961; thence leaving said northerly line and along said original city boundary and said easterly boundary North 150 57' 03" East 700 feet more or less to the southeasterly prolongation of the northeasterly boundary of that certain 10 foot pipeline easement as described in Parcel 6 of deed recorded on August 30, 1928, in Book 196, page 57, of Official Records, in the office of said recorder; thence leaving said original city boundary and said easterly boundary and along said southeasterly prolongation and said last mentioned northeasterly boundary North 460 15' 40" West 1063.04 feet more or less to the northeasterly corner of that certain parcel of land for Well and Pumping Site as described in Parcel 1 in deed recorded on August 30, 1928, in Book 196, page 57, of said Official Records; thence leaving said last mentioned northeasterly 9� boundary and along the southeasterly boundary of said Parcel 1 South 430 44' 20" West 50.00 feet to the southerly corner of said last mentioned Parcel 1; thence North 460 �5' 40" West along the southwesterly boundary of said last mentioned Parcel 1 a distance of 30.00 feet to the westerly corner of said last mentioned Parcel 1; thence North 430 44' 20" East along the northwesterly boundary of said last mentioned Parcel 1 a dis- tance of 50-.00 feet to the southwesterly boundary of that certain parcel of land described as Parcel 1 in deed recorded in Book 1354, page 91, of said Official Records; thence North 460 15' 40" West along said last mentioned southwesterly boundary 211.69 feet more or less to the south- westerly corner of said last mentioned Parcel 1; thence North 290 55' 30" East along the westerly boundary of said last mentioned Parcel 1 a dis- tance of 411.04 feet to the northwesterly corner of said last mentioned Parcel 1; thence North 660 32' 24" West along the southeasterly prolonga- tion of the northeasterly line of said Tract No. 5292 and along saidlast mentioned northeasterly line North 660 32t 24" West 1739.00 feet more or less to the "TRUE POINT OF BEGINNING", is hereby approved and said territory is hereby annexed to and incorporated in the City of San Juan Capistrano, County of Orange, State of California, and hereby designated as "CAPISTRANO SHORES" ANNEXATION to the City of San Juan Capistrano. SECTION 3• That from and after the effective date of this ordinance and the filing of a certified copy thereof with the Secretary of State of the State of California, of the annexation of the territory, thenceforth such annexed territory shall be, to all intents and purposes, a part of the City of San Juan Capistrano, and from and after the effective date of such annexation, all property therein shall be subject to taxation equally with the property within the City of San Juan Capistrano. SECTION 4. The City Clerk shall certify to the passage of this ordinance and cause the same to be published once in the Coastline Dispatch, a newspaper of general circulation, printed, publishedand circulated in the City of San Juan Capistrano, County of Orange, State of California, and thirty daysfromand after its final passage it shall be in full force and effect. THE FOREGOING ORDINANCE is approved and signed by me this 2$th day of July 1966. Mayor of the City of ATTEST: = San Juan Capistrano City Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO -) I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, do hereby certify that the attached and foregoing ordinance was duly and regularly adopted by the said City..Council at a regular meeting thereof held on the 25th day of July, 1966, and passed by a unanimous vote of said Council, to wit: AYES: COUNCILMEN: BUCHHEIM, BATHGATE, FORSTER, OLIVARES and DURNFORD NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE City Clerk of the City of San Juan Capistrano