HomeMy WebLinkAboutDistrict 05 Minutes 1953-07-1512~3
MINUTES OF SPECIAL MEETING
BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.5
July 15,1953 at 8:00 p.m.
Room 239,1104 West Eighth Street
Santa Ana,California
Pursuant to the call of the Acting Chairman of the Joint
Administrative Organization for a special meeting in which it
was stated the purpose,time and place of a special meeting and
notice thereof mailed to each of the Directors,the Boards of
Directors of County Sanitation Districts Nos.1,2,3,5,6,7
and 11 of Orange County,California met in special session at the
hour of 8:00 p.m.,July 15,1953 in Room 239 at 1104.West Eighth
Street,Santa Ana,California.
Chairman Chandler called the joint meeting of the Districts’
Boards to order at 8:05 p.m.
The roll was called and the Secretary reported a quorum of
the Board to be present.
Directors present:Braden Finch (Chairman)
Norman H.Miller
Willis H.Warner
Directors absent:None
Others present:Lee M.Nelson
C.Arthur Nissan,Jr.
Harry Ashton
Herman Hiltscher
Wintford L.Tadlock
J.A.Woolley
Ora.Mae Merritt,Secretary
Report of the Chairman Warner reported that the
Finance Committee Finance Committee and the Districts’
attorneys had met with the attorney
for the land owner and had worked out a plan acceptable to
the land owner whereby the Districts could take immediate
possession of part of the land for the treatment plant
site and rights of way for the treatment plant trunk sewer;
under this plan,the Districts would acquire 22,15 acres of
land and trunk sewer rights of way for the lump sum of
~p47,OOO.OO -stipulation to be filed for an interlocutory
judgment which would in no way affect interests of the
other defendants or the remaining area sought by condemnation
proceedings in the lawsuit now pending,The land owner would
be permitted to harvest the bean crop now growing to the
extent it is not damaged or destroyed during construction,
the contractor to use ordinary diligence in keeping crop
damage to a mthimum.
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Authorizing a After review and cc,iisideration of the
stipulation for report given by the Finance Committee,
interlocutory the Board of Directors adopted Resolution
judgment of partial No.29~,authorizing stipluation for
condemnation interlocutory judgment of partial
condemnation for treatment plant site and
treatment plant trunk rights of way and authorizing payment
of ~47,OOO.OO therefor in accordance with the proposed
judgment.Certified copy of this resolution is attached
hereto ~nd made a part of these minutes.
Adjournment Moved by Director Willis H.Warner,
seconded by Director Hugh W.Warden
and duly carried by the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7 and 11:
•
That this meeting be adjourned.
Whereupon,the Chairman declared the meeting so
adjourned at ~:3O p.m.
Chairman,Board of Directors
County Sanitation District No.5
Orange County,California
ATTEST:
Secretáry,Board 6f Oirectors
County Sanitation District No.5
Orange County,California
10)
LI
EESOLTJTION NO.29~—5
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNT~SANITATION DISTRICT NO.FIVE OF
OT~ANGE COUNTY,CALIFORNIA,AUTHORIZING
STIPULATION FOR INTERLOCUTORY JUDGMENT OF
PARTIAL CONDEMNATION FOR TREATMENT PLANT
TRUNK RIGHTS-OF-WAY AND TREATMENT PLANT
SITE AND AUTHORIZING PAYMENT THEREFOR IN
ACCORDANCE WITH SAID PROPOSED JUDGMENT.
The Board of Directors of County Sanitation District No.5
does resolve as follows:
WHEREAS,said District was a party plaintiff in a law suit
entitled County Sanitation Districts Nos.1,2,3,5,6,7 and 11 of
Orange County,Ca’ifornia,plaintiffs,vs.Peter Karales,et al,
defendants,numbered 60601,now pending in the Superior Court of the
State of California in and for the County of Orange,which law suit
seeks to condemn for necessary public use rights-of-way for the
Treatment Plant Trunk Sewer and real property for the Treatment
Plant site;and
WHEREAS,it is for the best Interests of the District to
acquire the rights of Peter Karales to a portion of said property
sought to be condemned In said law suit;
NOW,THEREFORE,BE IT RESOLVED:
That the attorneys for the District,C.Arthur Nisson,Jr.and
Harry Ashton,be authorized to make and enter into a stipulation,
which stipulation shall provide for an interlocutory Judgment in
said law suit hereinabove referred to,which stipulation Is attached
hereto and marked Exhibit HAlt and made a part hereof as though set
forth in full herein.
BE IT FURTHER RESOLVED:
That it is in the public Interest and necessity that the area
heretofore determined to be necessary for the Treatment Plant site
be reduced by the deletion from said treatment plant site,the North
500 feet thereof so that the description of the property for said
Treatment Plant site is amended by this resolution as follows:
That real property situated in the City of Huntington
Beach,Orange County,California,which is more particularly
described as:
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Cotnmencimg.at a point which is the center of Sec14o~i
19,T 6 S,R 1O’v~,S.B.B.&M.,proceeding Eas1~er1y
N 89°40’34”E,16 7_91 feet,more or less,to the West
erly right-of-way line of the existing J.OS.Right-of~
Way as recorded in Deed Book 538,page 4.7,Official Records
of Orange County,California;and thence proceeding
Northerly along said right-of-way line N 13°1~’15”E,
1358.18 feet;thence proceeding Westerly S 89°40’34”W,
1287.39 feet,more or less,to the Easterly line of the
right-of-way for Wright Street (proposed)as shown in
Book 2499,pages 35 through 41 inclusive,Official Records
of Orange County,California;thence proceeding Southerly.
along said Easterly line of the right—of-way for Wright
Street (proposed)S 370 4.2’4.6”W,1075.23 feet,more or
less,to the intersection of this Easterly line of the,
right-Qf-way for Wright Street (proposed)with the north-
south centerline of Bushard Street prolonged;thence pro
ceeding Southerly S 00 33’56”E,473.12 feet to the point
of beginning.
The above bearings are based on a bearing of N 530 58’30”
W as shown by Record of Survey 12/25..31,said bearing being
the centerline of the Coast Highway as shown on said Record
of Survey.
The above described parcel of land contains 47.49 acres.
BE IT FURTHER RESOLVED:
That the Board of Directors of County Sanitation District No.5
of Orange County,California,does hereby find and declare
that the public interest and necessity requires the acquisition of
the above described real property for public sewage dispoaal facil
ities and that said proposed public improvements,to wit:constructi
ion of public trunk sewers and a sewage treatment plant,are planned
and located in a manner which will be most compatible to the most
public good and the least private injury.
BE IT FURTHER RESOLVED:
That the stipulated purchase price to wit:~47,O0O.0O,be paid
from construction funds of the district in accordance with the
percent said district participates in construction of said public
improvements.
The foregoing Resolution was approved and adopted at a special
meeting of the Board of Directors of County Sanitation District N~.
Five of Orange County,California,on the 15th day of July,1953k
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Secretary,Board of Directors
County Sanitation District No.5
Orange County,California
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133
STATE OF CALIFORNIA)
ss
COUNTY OF ORANGE )
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.5 of Orange County,California ,
do hereby certify that the foregoing Resolution was passed and
adopted at a special meeting of the Board of Directors of County
Sanitation District No.5 of Orange County,California,held on
the ath day of July,1953,by the following roll call vote:
AYES:Directors Willis H.Warner,Norman H.Miller
and Braden Finch
NOES:None
ABSENT:
IN WITNESS MIEREOF,I have hereunto set my hand ~aj~d affixed
the official seal of County Sanitation District No.5 of Orange
County,California,this ~th day of July,1953.
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Secretary,Board of Di ectors
County Sanitation District No.5
Orange County,California
.
(SPACE BELOW
FOR FILING STAMP ONLY)
1 Blodget &Blodget
601 FIrst National Bank Building
2 Santa Ana,California
KImberly 2-7281
3
5 Attorneys for Defendant,Peter Karales
6
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF ORANGE
10
11 COUNTY SANITATION DISTRICTS NOS~1,
2,3,5,6,7 and 11 of ORANGE No.6o6oi
12 COUNTY,CALIFORNIA,
Plaintiffs,STIPULATION
13 S
V.
PETER KARALES,et al,
15 Defendants.
16
17 IT IS HEREBY STIPULATED AND AGREED by and between
18 plaintiffs and defendant,Peter Karales,that the above entitled
19 court may make and enter an interlocutory judgment herein fixing
20 the value of the right,title and interest of the defendant,Peter
21 Karales,In and to the property described as follows,to wit:
22 Parcel 3
23 A 30-foot easement and right-of-way for sewer
purposes over arid across a portion of the Northeast
24 Q.uarter of Fractional Section 19,Township 6 South,
r
Range 10 West,S.B.B.&M.,described as being 15
2~feet on each side measured at right angles along the
26 followIng described center line:
Beginning at a point which is 11.15’East and
27 14.94’South of the North 1/24 corner of Section 19,
o Township 6 South,Range 10 West,S.B.B.&M.thence
2o South 330 07’21”East,1318.20 feet,more or less,
to the Westerly right-of-way line of Wright Street,
29 said Wright Street being the same Wright Street as
Is described in that certain deed to the County of
30 Orange recorded May 6,1953,in Book 2499 at pages
35 through 41 Inclusive,Official Records of Orange
31 County,California’
32 Without the right,however,of constructing or
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Exhibit “A”
13S
1 maintaining any manholes except at or within
10 feet of each terminal of said right-of-way.
2
3 Parcel 14A
A 100-foot easement and right-of-way for
sewer purposes over and across a portion of the
5 Northeast Quarter of Fractional Section 19,
Township 6 South,Range 10 West,S.B.B.&M.,
6 described as being 50 feet on each side measured
at right angles along the following described
7 center line:
8 Beginning at a point which is 11.15 feet
East and 114.914 feet South of the North one-
9 fourth quarter corner of Section 19,Township
6 South,Range 10 West,S.B.B.&M.;thence
10 South 330 7~21”East,1318.20 feet,more or
less,to the Westerly right-of-way line of
11 Wright Street (proposed)which is the true
point of beginning,and continuing along said
12 center line a distance of 705.89 feet,more or
less,to the Westerly line of the following
13 described property,to wit:
14 Commencing in the center of Section 19,
Township 6 South,Range 10 West,S.B.B.&M.,
15 proceeding Easterly North 89°36’15”East,
1044 feet,which is the true point of beginning;
16 thence oroceeding Easterly North 89°36’15”
East,5~LL143 feet to the Westerly line of the
17 existing joint outfall sewer right-of-way;
thence proceeding Northerly North l3~13’30”
10 East,1358.58 feet;thence proceeding Westerly
909.94 feet thence proceeding Southerly South
19 0~38’30”East to the true point of beginning;
20 Without the right,however,of constructing
or maintaining any manholes except at or within
21 10 feet of each terminal of said right-of-way.
22
23 Parcel ZIB
24 That certain real property situate in the
Northeast quarter of Fractional Section 19,
25 Township 6 South,RangelO West,S.B.B.&M.,
described as follows:
26
Commencing ip the center of Section 19,
27 Township 6 South,Range 10 West,S.B.B.&M.,
proceeding Easterly North 89°36’15”East,
28 1044 feet,which is the true point of beginning;
thence proceeding Easterly North 89°36’15”
29 East,5814.43 feet to the Westerly line of the
existing joint outfall sewer right-of-way;
30 thence proceeding Northerly North 13~13’30”
East,1358.58 feet;thence proceeding Westerly
909.94 feet;thence proceeding Southerly South
32
00 38’30”East to the true point of beginning;
EXCEPTING THEREFROM any portion along the
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1 Easterly line included in that strip of land
15 feet wide conveyed to the City of Santa Ana
2 by deed recorded June 21,1912,in Book 218,
page 57 of Deeds;
3
~
ALSO EXCEPTING THEREFROM all oil,oil
4 rights,mineral,mineral rights,natural gas,
natural gas rights,and other hydrocarbons by
5 whatsoever name known,that may be within or
under the parcel or parcels of land hereinabove
6 described,without,however,the right ever to
drill,dig or mine therefor through the surface
7 of said parcel or parcels of land or within 200
feet of the surface of said parcel or parcels;
ALSO EXCEPTING and reserving to Peter
9 Karales and to his heirs and assigns forever
a non-exclusIve 10-foot right-of-way for road,
10 power and pipelines along the North line of
said property,together with the right to main
11 .taln,repair and operate any and all present
existing pipelines and a pump,pumphouse and
12 accessories located thereon and immediately
adjacent thereto.
13
Said land is shown on Maps filed in Book 7,
14 page 37 and in Book 25,page 24 of Record of Surveys
in the office of the County Recorder of Orange
15 County,California.
16 and,Insofar as the rights of the defendant,Peter Karales.,are
17 concerned,the court may further order that the plaintiffs are
18 entItled to immediate possession thereof upon payment to said
19 defendant,Peter Karales,or to the clerk of’this court for his
20 benefit,the sum of $47,000.00’and said judgment shall further
21 provide that the entry of such judgment for condemnation shall In
22 nowise affect nor interfere with nor cover the rights,powers,
23 liabilities or interests of any defendant whomsoever other than
24 said Peter Karales,and shall in nowise affect any right,powers,
25 liabilities or Interests of the defendant,Peter Karales,in and
26 to any of the remaining property described In plaintiffs’complaint
27 and sought to be condemned nor any severance rights or damages,
28 if any,which may become payable to said Peter Karales upon the
29 final determination by an interlocutory decree of condemnation as
S 30 to the value of any additional property sought to be taken or
3].other property which may be a remaining part of the parcels sought
32 to be taken or which may be taken’that is to say,that the said
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137
1 sum above set forth is to be considered payment for the interest
2 of Peter Karales,only,In and to the property above described and
3 shall not in any other manner affect the rights or defenses of
~
14 said Peter Karales,nor shall the said judgment be deemed to
5 affect the rights or defenses of any other defendant in any manner
6 whatsoever,nor shall It be deemed to determine or affect the right
7 of the plaintiffs,if any,for condemnation under eminent domain of
8 any other property described in said complaint or as the same is
9 or may be amended.
10 IT IS FURTHER STIPULATED AND AGREED,in consideration of
11 the agreement of Peter Karales that such judgment may be entered,
12 that plaintiffs will dismiss the within action insofar as the same
13 appertains to the North 500 feet of Parcel 1 as described in the
l~4 First Amended Complaint arid that they will not seek to condemn
15 the same in this proceeding.
16 IT IS FURTHER STIPULATED AND AGREED that the price agreed
17 upon for the property which it is herein agreed may be taken under
18 eminent domain shall not in any manner be deemed to be the fair
19 market value of any of such property,and the value thereof is not
20 in any manner to be used In determining the value of the remainder
21 of the property sought to be condemned by plaintiffs herein.
22 IT IS FURTHER STIPULATED AND AGREED that,In the event
23 plaintIffs are successful In acquiring the remainder of parcel 1
214 described in the First Amended Complaint,that no claim will be
25 made that any of the money paid hereunder shall be deemed as
26 compensation for any portj.ori of the remainder of parcel 1 taken in
27 said action or as an offset against the value thereof.
28 IT IS FURTHER STIPULATED AND AGREED that the defendant,
29 Peter Karales,shall have the right to harvest the crop of beans
30 now growing upon said property to the extent that the same are not
31 damaged or destroyed by plaintiffs in their operations In taking
32 possession of the property which it Is herein agreed may be taken
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138
1 under eminent domain;and the plaintiffs stipulate and agree that
2 they will use their best endeavors to destroy as little of said
3 bean crop as may be consistent with good construction practices in
4 carrying out the objects and purpOses for which said property is
5 being taken;and said crop and any and all proceeds therefrom
6
shall be the property of the defendant,Peter Karales.
7 IT IS FURTHER STIPULATED AND AGREED that,in like manner,
8 the defendant,Peter Karales,may continue with the crop of beans
9 which he has g~ow1ng upon property recently acquired by plaintiffs
10 from John H.Poole,et ux,and that said crop shall belong to said
11 Peter Karales and the proceeds thereof shall be his property.
12 IT IS FURTHER STIPULATED AND AGREED that the consent to
13 the condemnation of the property hereinabove mention~d is without
14 prejudice to any rights or defenses or damages which arise or may
15 arise from the condemnation of additional land upon which it is
16 not herein agreed that a judgment in condemnation may be taken,
17 and without prejudice to any severance damages which may arise to
18 any land not sought to be condemned when a final determination of
19 the entire condemnation proceeding is obtained.
20 IT IS FURTHER STIPULATED AND AGREED that this judgment
21 shall cover only the rights of the defendant,Peter Karales,and
22 that he does not In any manner warrant as against any claims of
23 any of the other defendants herein.
2~4 Dated:July _________,1953.
25
C.ARTHUR NISSON,JR.and
26 HARRY ASHTON
27 By________________________
Attorneys for Plaintiffs
28
29 BLODGET &BLODGET
S 30 By_______________________
Attorneys for Defendant,
31 Peter Karales
32
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