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HomeMy WebLinkAboutDistrict 06 Minutes 1953-07-151 MINUTES OF SPECIAL MEETING BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.6 July 15,1953 at ~:OO p.m. Room 239,1104 West Eighth Street Santa Ana,California Pursuant to the cal].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 g:OO 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 ~:O5 p.m. The roll was called and the Secretary reported a quorum of the Board to be present. Directors present:A.H.Meyers (Chairman) Norman H.Miller Willis H.Warner Di~’ectors absent:None Others present:Lee M.Ne1s~n C.Arthur Nisson,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 wouldacquire 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 minimum, —1— A ~j Authorizing a stipulation for interlocutory judgment of partial condemnation Ad .ourriment 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. ATTEST: ~Z ~~ Secretary,Board OfThirectors County Sanitation District No.6 Orange County,California I ___________________ After review and c~,tisideration of the __________________ report given by the Finance Committee, ____________________ the Board of Directors adopted Resolution __________________ No.29~,authorizing stipluation for ___________________ interlocutory judgment of partial condemnation for treatment plant site and treatment plant trunk rights of way and authorizing payment of 4~4.7,OOO.OO therefor in accordance with the proposed judgment.Certified copy of this resolution is attached hereto and made a part of these minutes. County Sanita Orange County, —S No.6 —2.. RESOLUTION NO.29~-6 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.SIX OF ORANGE COUNTY,dALIP’oRNIA,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.6 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 6o6oi,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 “A”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: —1— L3 Cornmencing~at a point which is the center of Section 19,T 6 S1 R lO’~,~3.13.B.&M.,proceeding Easterly N 89°40’31,.”E,16 7.,91 feet,more or less,to the West erly right-of—way line of the existing J.O.S.Right-ofs Way as recorded in Deed Book 538,page 47,Official Records of Orange County,California;and thence proceeding Northerly along said right-of-way line N 13°18’15”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 37°42’46”W,1075,23 feet,more or less,to the intersection of this Easterly line of the right-Of-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 47.47 acres. BE IT FURTHER RESOLVED: That the Board of Directors of County Sanitation District No. Six 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 disposal facil ities and that said proposed public improvements,to wit:constructu i-on 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:$47,000.00,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~. six of Orange County,California,on the 15th day of July,1953.. &:~ Sé~retary,Soard of~irectors - County Sanitation District No.6 Orange County,California —2— ,~)~.. STATE OF CALIFORNIA) ss COUNTY OF ORANGE ) I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District.No.6 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.6 of Orange County,California,held on the ~th day of July,1953,by the following roll call vote: AYES:Directors Willis H.Warner,Norman H.Miller and A.H.Meyers NOES:None ABSENT:None IN WITN1~,SS ‘~HEREOF,I have hereur~to set my hand ~nd affixed the official seal of County Sanitation District No.6 of Orange County,California,this ~th day of July,1953. County Sanitation District No.6 Orange County,California •.u.3. ~1 (SPACE BELOW FOR FILING STAMP ONLY) 1 Blodget &Blodget 601 First National Bank Building 2 Santa Ana,California KImberly 2-7281 4 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 arid 11 of ORANGE No.60601 12 COUNTY,CALIFORNIA, Plaintiffs,STIPULATION 13 V. 14 PETER KARALES,et al, 15 Defendants. 16 17 IT IS HEREBY STIPULATED AND AGREED by arid 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 and across a portion of the Northeast 2’+Quarter of Fractional Section 19,Township 6 South, Range 10 West,S.B.B.&M.,described as being 15 25 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 1/4 corner of Section 19, 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 Exhibit “A” ‘1 ~ 1 maintaining any manholes except at or within 10 feet of each terminal of said right-of-way. 2 3 Parcel 4A 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 14.94 feet South of the North one- 9 fourth quarter corner of Section 19,Township 6 South,Range 10 West,S.B.B.&N.;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,5~4.43 feet to the Westerly line of the 17 existing Joint outfall sewer right-of-way; thence proceeding Northerly North 13°13’30” lo East,1358.58 feet;thence proceeding Westerly 909.94 feet thence proceeding Southerly South 19 00 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 4B 24 That certain real property situate in the Northeast quarter of Fractional Section 19, 25 Township 6 South,Range 10 West,S.B.B.&M., described as follows: 26 Commencing in 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,584.43 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 0°38’30”East to the true point of beginning; EXCEPTING THEREFROM any portion along the -2- ~*~‘t ~.) 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 S ~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; 8 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 tam,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 f~1ed 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 forhis 20 benefit,the sum of $)47,OO0.00~and said judgment shall further 21 provide that the entry of such judgment for condemnation shall in 22 nowlse 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 i~owise 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 30 to the value of any additional property sought to be taken or 31 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 -3- 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 4 said Peter Karales,nor shall the said judgment be deemed to S 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 14 First Amended Complaint and 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 24 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 portion 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 -4- 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 mentioned 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. 24 Dated:July _________,1953. 25 C.ARTHUR NISSON,JR.and 26 HARRY ASHTON 27 By________________________ Attorneys for Plaintiffs 28 29 BLODGET &BLODGET 30 By_______________________ Attorneys ~for Defendant, 31 Peter Karales 32 -.5- L