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Ordinance Number 933�i y ORDINANCE NO. 93 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO APPROVING THE ANNEXATION TO THE CITY OF SAN JUAN CAPISTRANO OF THE TERRITORY KNOWN AND DESIGNATED AS "CAMINO DEL AVION" 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 26th day of November, 1963, 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 Boundary Commission of the County of Orange, State of California, and reported upon by said Boundary Commission with respect to the definiteness and certainity 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. That said territory proposed to be annexedto said City of San Juan Capistrano is situated in the County of Orange, State of California, and is continguous to the City of San Juan Capistrano, and is uninhabited territory. That said petition contained a description of said territory in words and figures as hereinafter in this Ordinance described. That the City Council duly assembled at a regular meeting of said City Council held on the 26th day of November, 1963, did find that said petition at the time it was filed and received was signed by the 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 26th day of November, 1963, at a regular meeting of the City Council of the City of San Juan Capistrano, Resolution No. 63-11_26-1 was duly passed andadopted specifically describing the boundaries of the territory so proposed to be annexed to the City of San Juan Capistrano and designating such territory as "CAMINO DEL AVION" ANNEXATION and giving notice of such annexation and fixing the 27th day of January, 1964, at the hour of 8:00 P. M. at the City Council chamber in the City Hall in 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 360 person owning real property within such territory so proposedto be annexed and having objections 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 publish 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, Orange County, California, and also in a newspaper of general circulation, printed, published and circulated outside of the City of San Juan Capistrano, but in the County of Orange, in which is located the territory herein after proposed to be annexed to the City of San Juan Capistrano, to wit: The Sun- -Post of San Clemente, Orange County, California, and directing that said 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 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 available on the date of proceeding were initiated, at the 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 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 subh proposed annexation to be mailed to the Board of Supervisors'of said County, and directing that such notices be given not less than twenty (20) days before the first public hearing on the proposed annexation. That on the hour, day and at the place specified in said Resolution No. 69- 11-26-1, to wit: On the 27th day of January, 1964, at the hour of 8:00 o'clock P. M. in the City Council Chamber in the City Hall in the City of San Juan Capistrano, Chli£ornia, the City Council of the City of San Juan Capistranodid' meet and assemble to hear and pass on all protests filed or received up to the closing of the hearing on said 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 hearing was published by the City Clerk as therein directed and that written notice 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 361 hearing on protests was continued from time to time and was closed on the 23rd day of March, 1964. That written protests were not made by the owner or owners of one- half of the value of the territory 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. 64-4-20-1 was passed on April 20, 1964, declaring that there was not a majority protest. SECTION 2. That the annexation of the territory included within the boundaries of the "CAMINO DEL AVION" ANNEXATION, and more particularly described as follows to wit: Beginning at an angle point in the southerly City Limit boundary of the City of San Juan Capistrano as said City was incorporated on April 19, 1961, said point of beginning being the intersection of the westerly right-of-way line of McKinley Avenue, 80 feet wide, (now Del Obispo Street), as said Avenue is described in Book 420, Page 430, at seq. of Official Records of Orange County, California, with the westerly prolongation of the southerly right-of-way line of Camino Del Avion, 40 feet wide, as said Camino Del Avion is described in Book 1704, Page 471, at seq. of Official Records of said Orange County; thence along said southerly City Limit boundary, being along said westerly prolongation and southerly right-of-way line of Camino Del Avion, the following bearings and distances: North 870 11' 10" East, 309.68 feet; thence South 890 43' 00" East, 1043.93 feet; thence South880 50' 00" East, 1766.84 feet to the westerly line of the east 100.00 feet of the Southwest Quarter of the Southwest Quarter of Section 12, Township 8 South, Range 8 West, S.B.B. & M.; thence leaving said southerly City Limit boundary and running along said westerly line of said 100.00 feet, South 0" 52' 00" East 369.15 feet to the southeasterly corner of land described in deed to E. M. Huddleston recorded September 12, 1962, in Book 6245, Page 52 of Official Records of said Orange County; thence along the southeasterly boundary of said land of E. M Huddleston the follow- ing bearings and distances: South 600 03' 21" West, 116.24 feet to an angle point therein; thence South 68" 17' 02" West, 363.34 feet to the beginning of a tangent curve cnncave southeasterly and having a radius of 2140.00 feet; thence southwesterly along said curve through a central angle of 136 28' 53", a distance of 503.53 feet; thence along a non -tangent lineSouth $o 17' 36" West, 100.93 feet to a point on a non -tangent curve concave southeasterly and having a radius of 2145.00 feet, a radial line from said pdnt bears South 37" 53' 37" East; thence southwesterly along said curve through a central angle of 70 39' 0711, a distance of 286.47 feet; thence along a non -tangent line South 600 03' 21" West 431.05 feet to the southerly line of Section 11, Township 8 South, Range 8 West, S. B. B. & M; thence leaving said southeasterly boundary and running along the southerly line of said Section 11 North 89" 43' 00" West, 2132.75 feet to the westerly line of Del Obispo Street as shown on a Map of Tract No. 4930, recorded in Book 174, Pages 48, 49 and 50 of Miscellaneous Maps, records of said Orange County; thence along said westerly line of Del Obispo Street, the following bearings and distances: North 12° 44' 43" East 171.05 feet to the beginning of a tangent curve concave southeasterly and having a radius of 2050.00 feet; thence northeasterly along said curve through a central angle of 0" 46' 19", a distance of 27.62 feet; thence along a tangent line North 130 31' 02" East, 249.80 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1050.00 feet; thence northeasterly along said curve through a central angle of 150 321 21", a distance of 284.77 feet to the northerly line of said Tract No. 4930; thence leaving said westerly line of Del Obispo Street and. running South 890 43' 00" East, 8.81 feet along said northerly line to said northerly line to said westerly right -Of -way line of McKinley Avenue, 80 feet wide, (now Del Obispo Street); thence along said westerly right- of-way line the following bearings and distances: North 330 05' 02" East, 243.23 feet; thence North 310 42' 00" East 243.63 feet to the beginning of a tangent curve concave northwesterly and having a radius of 960.00 feet; thence northeasterly along said curve through a central angle of 80 44' 4011, a distance of 146.51 feet; thence North 220 57' 20" East, 45.48 feet to the point of beginning, is hereby approved and said territory is hereby annexed to and incorporated in the j City of San Juan Capistrano, County of Orange, State of California, and is hereby designated as the "CAMINO DEL AVION" 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, 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 Capis- trano. 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 d general circulation, printed, published and circulated in the City of San Juan Capistrano, County of Orange, State of California, and thirty (90) days from and after its final passage it shall be in full force and effect. THE FOREGOING ORDINANCE is approved and signed by me this 20th day of May, 1964. Mayor of the City of San Juan Capistrano ATTEST: 363 City Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF SAN JUAN CAPISTRANO) I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing and attached Ordinance was finally passed, approved and adopted by the City Council of the City of San Juan Capistrano at a special meeting thereof held on the 20th day of May, 1964. AYES: Councilman: BUCHHEIM, OLIVARES and DURNFORD NOES: Councilmen: NONE ABSENT: Councilmen: BATHGATE and CHERMAK (SEAL) Citytlerk of the City of San Juan Capistrano