Ordinance Number 105391
ORDINANCE NO. 105
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO
APPROVING THE ANNEXATION TO THE CITY OF SAN JUAN
CAPISTRANO OF THE TERRITORY KNOWN AS "VIA CALIFORNIA"
ANNEIATION
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 8th day of February, 1965, 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 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 was submitted to the Local Agency Formation Commission and 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 of
said territory in words and figures as hereinafter in the ordinance
described.
That the City Council duly assembled at a regular meeting of said City
Council on the 8th day of February, 1965, did find that said petition at
the time it was filed andreceived 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.
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That on the 23rd day of February, 1965, at a regular meeting of said
City Council of the City of San Juan Capistrano, Resolution No. 65-2-23-1
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 "Via California" Annexation and giving
notice of such annexation and fixing the 12th day of April, 1965, at the
hour of 7:30 P. M., at the City Council chamber in the City Rall 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 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 pub-
lished 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 and circulated in the City of San Juan
Capistrano, to wit: The Coastline Dispatch of San Juan Capistrano,
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 assessment roll available on the date the proceedings
were initiated at the address shown on said assessment roll or as known
to said City Clerk, and to any person who has filedIts name and address and
the designations of lands in which he has any interest, either legal or
equitable, with said City Clerk; and that in the evetn 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 the Board of Supervisors of such
County, and directing such notices be given not less than twenty (20) days
before the first public hearing on the proposed annexation.
That on the hoar, day and at the place specified in said Res$ution
No. 65-2-23-1 to wit: On the 12th day of April, 1965, at the hour of 7:30
o'clock P. M., in the City Council chamber -in -the City Nall in the City of
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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
hearing was published by the City Clerk as herein 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 aaessed, or in
which such person has any interest, by the City Clerk as directed in said
resolution. That said hearing on protests was continued from time to time
and was closed on the 12th day of April, 1965. 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 equalised assess-
ment 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. 65-5-10-2 was passed on the 10th day of May, 1965, declaring that
there was not a majority protest.
SECTION 2. That the annexation of the territory included within
the boundaries of the "Via California" Annexation, and more particularly
described as follows, to wit:
Beginning at a point on the common boundary between the City of
San Clemente as dddcribed in Ordinance No. 402, certified on
June 21, 1962, annexing certain property known as "San Clemente
Annexation No. 7:, and the City of San Juan Capistrano as it was
incorporated on April 19, 1961; said point of beginning being the
most westerly corner of a certain parcel known as "San Clemente
Annexation No. 9" certified on May 3, 1963; said point also being
the moat northwesterly corner of Tract No. 4469 as shown on a map
recorded in Book 165, pages 3 to 9 inclusive of Miscellaneous
Maps, Records of Orange County, California;
Thence from said point of beginning, following along the Westerly
boundary of said Tract 4469, South 290 11' 27" West 317.61 feet to
a point on the boundary line of said City of San Clemente; thence,
following along the Westerly boundary of said Tract 4469 and along
said boundary line of said City of San Clemente, South 390 03' 20"
West 225.00 feet; thence, leaving said boundary of the City of
San Clemente and leaving said boundary of Tract 4469, North 69° 17' 20"
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Welt 84.28 feet to an angle point in the boundary line of the City
of San Juan Capistrano; thence along said boundary line of said
City of San Juan Capistrano, North 200 42' 40" East 285.00 feet;
thence, continuing along said boundary line of the City of San
Juan Capistrano, and following along the boundary line of the
City of San Clemente, North 20° 42' 40" east 155.40 feet; thence
North 870 19' 49" East 220.00 feet to the point of beginning,
is hereby approved and said territory islareby annexed to and incorporated
in the Citi of San Juan Capistrano, County of Orange, State of California,
and is hereby designated as the "VIA CALIFORNIA" ANNEXATION to the
City of San Juan Capistrano.
SECTION 9. 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
each 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 onrtify to the passage of this Ordinance
and cause the same to be published once in the Coastline Dispatch, a
newspaper of general circulation, printed, published and circulated in the
City of San Juan Capistrano, County of Orange, State of California,
and thirty days from and after its final passage it shall be in full
force and effect.
THE FOREGOING ORDTNANCE is approved and signed by me this 10th day of
May, 1965.
Mayor of the City of San Juan
Capistrano
ATTEST:
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,
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do Hei4)y 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 10th day of May, 1965, and passed by a majority vote of said
Council.
AYES: Councilmen: BATHGATE, BUCHHEIM, CHERMAR, OLIVERAS and DURNFORD
NOES: Councilmen: NONE
ABSENT: Councilmen: NONE
y Clerk of the City of San
Juan Capistrano, California