Loading...
HomeMy WebLinkAboutResolution 1953 - 0298RESOLUTION NO.29~1 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.CI~OF ORANGE 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.2 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 Niaspn,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 aet 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— •Commencing at a point which is the center of Section -19,T 6 S,R l0)~,S.B.B.&M.,proceeding Easterly N 89°40’34”E,l62~.91 feet,more or less,to the West erly right—of—way line of the existing J.O.S.RightOfe Way as recorded in Deed Book 538 page 4.7,Official Records of Orange County,California;an~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, 1287j9 feet,more or less,to the Easterly line of the right-of-way for Wright Street (proposed)as shown in Book 24.99,pages 35 through 4].inclusive,Official Records of Orange County,California;thence proceeding Southerly along said Easterly line of the right-of-way for Wright s Street (proposed)S 37°4.2’46”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 0°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~1 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 facjl— ities and that said proposed public improvements,to wit:construct’ 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 ~7,OO0.OOb~e paid from construction funds of the district inaccordance wit~,the percent said district participates in construction of said public liprovements. The foregoing Resolution was approved and adopted at a special meeting of the Board of Directors of County Sanitation District N~J~ of Orange County,California,on the 15th day of J~ly,l953~ Secretary,Board of ~irectors I County Sanitation District No. Orange County,Calif qrnia (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 ~SUPERIOR COuRT OP 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.60601 12 COUNTY,CALIFORNIA, Plaintiffs,STIPULATION 13 V. 14 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 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 2u 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 1 35 through 41 inclusive,Official Records of Orange County,Ca1ifornia~ 32 Without the right,however,of constructing or Exhibit “A” 1 maintaining any manholes except at or within 10 feet of each terminal of said right-of-way. 2 3 Parcel 4A 4 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 8ide 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.&ft.;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 We8t,S.B.B.&M., 15 proceeding Easterly North 89°36’15”East, 1044 feet,which is the true point of beginning;16 thence proceeding Easterly North 89°36’15” East,554.43 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.&ft., described as rollows: 26 Commencing in the center of Section 19, 27 Township 6 South,Range 10 West,S.B.B.&ft., proceeding Easterly North 89°36’15”East, 28 1044 feet,which is the true point of beginning; thence proceeding Easterly North 899 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 00 35’30”East to the true point of beginning; EXCEPTING THEREFROM any portion along the -2- 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 8 feet of the surface of said parcel or parcels; ALSO EXCEPTING and reserving to Peter 9 Kara].es and to his heirs and assigns forever a non-exclusive 10-foot right-of-way f or 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,purnphouse 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 ICarales,or to.the clerk of this court forhis 20 benefit,the sum of $47,000.O0•and said judgment shall further 21 provide that the entry of such judgment f or condemnation shall in 22 riowise 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 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 Kara].es,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 18 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~First Amended Complaint and that they will not seek to condemn 15 the same in this proceeding. 16 IT IS FURTHER STIPULATED AND AC-REED 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 2~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 growIng upon property recently acquired by plaintiffs 10 from John Il.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 m~ntion~d is without 1~4 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 defendant1 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_______________________ 28 Attorneys for Plaintiffs 29 BLODGET &BLODGET 30 By_________________________ Attorneys for Defendant, 31 Peter Karales 32 -5-- - -.--- S STATE OF CALIFORNIA) COUNTY OF ORANGE ) I,ORA MAE MERE~ITT,Secretary of the Board of Directors of County Sanitation District No.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.of Orange County,California,held ~ the 8th day of July,1953,by the following roll call vote: AYES:Directors COUX’tnE~r 11.~h~nd~1~r,J.L.i~c8z,ide and ~i11i~H.~wner NOES:Uone ABSENT:NOXi~ IN V~ITNESS ~IVHEREOF,I have hereunto set my 1~and and affixed the official seal of County Sanitation District No.of Orange County,California,this 8th day of July,1953. Secretary,Board of Directors County Sanitation District No.1 Orange County,California .~3.. RESOLUTION NO.298-2 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.TWO OF ORANGE COUNTY,CALIFORNIA,AUTHORIZING STIPULATION FOR INTERLOCUTORY JUDGMENT OF PARTIAL CONDEMNATION FOR TREATHENT PLANT TRUNK RIGHTS-OF-WAY AND TREATMENT PLANT SITE AND AUTHORIZING PAYMENT THEREP’OR IN ACCORDANCE WITH SAID PROPOSED JUDGMENT. The Board of Directors of County Sanitation District No.•2 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~iforn1a,plaintiffs,vs.Peter Karales,et al, defendants,numbered 60601,now pending in the Superior Court of the State of California in and I or 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 Nisspn,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 80 that the description of the property for said Treatment Plant site is amended by this resolution as follow6: That real property situated in the City of Huntington Beach,Orange County,California,which is more particularly described as: —1— •Ccnm~encing at a point which is the center of Section l9~T 6 S,R lO)~,S.B.B.&M.,proceeding Easterly N 890 1+0’34”B,1627.91 feet,more or less to the West erly right—of—way line of the existing J.O.~.Right-Of~ Way as recorded in Deed Book 538 page 47,Official Records of Orange County,California;an~thence proceeding Northerly along said right-of-way line N 13°18’15”E, 1358.18 feet;thence proceeding Westerly 5 89°40’34”W, l287.~9 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 4].inclusive,Official Records of Orange County,California;thence proceeding Southerly = along said Easterly line of the right-of—way for Wright Street (proposed)5 370 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 ~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. *of Orange County,California,does hereby find and declare that thf public interest and necessity requires the acquisition of the 8bove described real property for public sewage disposal facil— ities and that said proposed public improvements,to wit:conatructs 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 ~*nd the least private injury. B~&IT~FURTHER RESOLVED: ••~~~T)~t the stipulated purchase price to wit~$47,000.00,be paid fromeonstruction 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 Nu. of Orange County,California,on the 15th day of July,l953~ Secretary,Board of Directors County Sanitation District No. Orange County,California .2— (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 and 11 of ORANGE No.60601 12 COUNTY,CALIFORNIA, Plaintiffs,STIPULATION 13 V. 14 PETER KARALES,et al, 15 Defendants.3 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 2 A 30-foot easement and right-of-way for sewer I purposes over and across a portion of the Northeast 24 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 ~ècords of Orange 31 County,Ca1iforn1a~ 32 Without the right,however,of constructing or Exhibit “A” --~--~-~--- 1 maintaining any manholes except at or within 10 feet of each terminal of said right-of-way. 2 3 Parcel 4A 14 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.&N., 6 described as being 50 feet on each side measured at right angles along the following described 7 center lines 8 BeginnIng at a point which is 11.15 feet East and 114.94 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 5o~th 33°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.&N., 15 proceeding Easterly North 89°36’15”East, :Lo44 feet,which is the true point of beginning;16 thence proceeding Easterly North 89°36’15” East,5B4.43 feet to the Westerly line of the 17 exIsting joint outfall sewer right-of-way; thence proceeding Northerly North 130 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 14B 24 That certain real property-situate in the Northeast quarter of ?rectional Section 19, 25 Township 6 South,Range 10 West,S.B.B.&N., described as follows: 26 Commencing in the center of Section 19, 27 Township 6 South,Range 10 West,S.B.B.&N, proceeding Easterly North 890 36’15”East, 28 10414 feet,1which is the true point of beginning; thence proceeding Easterly.North 89°36’15” 29 East,584.i43 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- S 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 8 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 tam,repair and operate any and all present existing pipelines and a pump,numphouse 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 $47,0OO.Oo~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 Karalea,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 deter~ination by an interlocutory decree of condemnation as 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 -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 ~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 I~he 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 1].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 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 souglit 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 2~4 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 ma~-be taken V -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 14 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 gvowing 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 ment1on~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 aris?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____________________________________ 28 Attorneys for Plaintiffs 29 BLODGET &BLODGET 30 By_________________________ _____ Attorneys for Defendant,-. —. 31 Peter Karales 32 -5- STATE OF CALIFORNIA) 55 COUNTY OF ORANGE ) I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No1 2 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.of Orange County,California,held on~ the ~th day of July,1953,by the following roll call vote: AYES:Directors ~~ ~~7r<*~k 4..~c~~z’ NOES: ABSENT ~..~~~,~toV~u$c~1 c~r1~s ~ IN WITNESS WHEREOF,I have hereunto set my ~iaud ~d affixed the official seal of County Sanitation District No. 2 of Orange~ County,California,this ~th day of July,1953. Secretary,Board of Directors County Sanitation District No. Orange County,California I RESOLUTION NO.296.3 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.THREE OF ORANGE COUNTY,CALIFORNIA,AUTHORIZING STIPULATION FOR INTERLOCUTORY JUDGMENT OF PARTIAL CONDEMNATION FOR TREATMENT PLANT TRUNK RIGHTS-OF-WAY AND TEATME~T PLANT SITE AND AUTHORIZING PAYMENT THEREFOR IN ACCORDANCE WITH SAID PROPOSED JUDGMENT. The Board of Directors of County Sanitation District No.3 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,California,nlaintiffs,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— Commencing at a point which iB the center of Section 19,T 6 5,R lO~i S.B.B.&M.,proceeding Easterly N 890 40’34”E,1627..91 feet,more or less to the West erly right-of-way line of the existing J.O.~.Right-ofø Way as recorded in Deed Book 538 page 4.7,Official Records of Orange County,California;an~thence proceeding Northerly along said right-of-way line N 13°18’15”E, 1358.313 feet;thence proceeding Westerly S 890 40’34”W, 1287.39 feet,more or less,to the Easterly line of the right-of—way for Wright Street (propoBed)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 4.2’46”W,1075.23 feet,more or less,to the,intersection of this Easterly line of the right-sf-way for Wright Street (proposed)with the north- south centerline of Bushard Street prolonged;thence pro ceeding SoutherlySO°33’56”E,4.73.12 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.3 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:construct’ 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~j~47,OO0.OO,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~ Thr..of Orange County,California,on the 15th day of July,1953~ Secretary,Board of Directors County Sanitation District No.3 Orange County,California —2- N - (SPACE BELOW FOR FILING STAMP ONLY) 1 Blodget &Blodget 601 First National Bank Building 2 Santa Ana,California KImberly 2-7281 3 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 and 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 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 and across a portion of the Northeast 24 Quarter of Fractional Section 19,Township 6 South, Range 10 West,S.B.B.&M.,deBcribed 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 l/L~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 Orange31County,Ca1ifornia~ 32 Without the right,however,of constructing or Exhibit “A” 1 maintaining any manholes except at or within 10 feet of each terminal of said right-of-way. 2 3 Parcel 4A 4 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,3.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.&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 or beginning;16 thence proceeding Easterly North 89°36’15” East,554.43 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 35~30”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 890 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 00 38’30”East to the true point of beginning; EXCEPTING THEREFROM any portion along the -2- 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 theref or 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 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 filed in Book 7, lL~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 ~he cl’erk of this court forhie 20 benefit,the sum of $47,000.O0 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 ~owi8e 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 Bought to be condemmed 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 lCarales,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 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 jud~ment 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 e.greed 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 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 Kàrales. 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 gvowing upon property recently acquired by plaintiffa 10 from John H.Poole,et ux,and that said crop shall belong to said 11 Peter Karalee 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 righta or de~’enses 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 Fuiiiiii~R 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.- 25L C.ARTHUR NISSaN,JR.and 26 HARRY ASHTON 27 By_________________________ 28 Attorneys for Plaintiffs 29 BLODGET &BLODGET 30 By___________________________ Attorneys for Defendant,-. 31 Peter Karales 32 - -5-. STATE OF CALIFORNIA) ss COUNTY OF ORANGE ) I,ORA MAE MEIRdITT,Secretary of the Board of Directors of County Sanitation District No.3 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.of Orange County,California,held on• the ~th day of July,1953,by the following roll call vote: AYES:Directors N*l$OflM.L*un~r,C.ft.MiUer,WIULs H.Werner,Joseph ~Sbb.T ønd Hugh W.Warden NOES:IOU. ABSENT;DireCtors Charles A,Pearson mad Charles ~.Ste~ena IN ~2ITNESS ~HEREOF,I have hereunto set my iiaod ~nd affixed the official seal of County Sanitation District No.3 of Orange County,California,this 8th day of July,1953, Secretary,Board of Directors County Sanitation District No.3 Orange County,California . RESOLUTION NO.2914 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.71V~OF ORANGE 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 arid 1].of Orange County,Ca~.ifornja,plaintiffs,vs.Peter Karales,et al, defendants,numbered 60603.,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 beat 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 ~IAtI 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: -Commencing 5t a point which is the center of Section l9~T 6 S,R lO~W,S.B.B.8cM.,proceeding Easterly N 89°40t 34”B,l62~9l feet,more or less to the West erly right—of—way line of the existing J.O.~.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 130 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 4].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 53°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. 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:constructs ion of public trunk sewers arid a sewage treatment plant,are planned and located in a manner which wi]].be most compatible to the most public good and the least private injury. BE rr FURTHER RESOLVED: That the stipulated purchase price to wit:$~47,OOO.OO,be paid from construction funds of the district in accordance with the percent said district participates in construction of aaid public improvements. The foregoing Resolution was approved and adopted at a special meeting of the Board of Directors of County Sanitation District N~. of Orange County,California,on the 15th day of July,1953~ Secretary,Board of Directors County Sanitation District No. Orange County,California —2— (SPACE BELOW FOR FILING STAMP OI1LY) 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 and 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 and between 18 plaintiffs and defendant,Peter Karales,that the above entitled 19 court may make arid 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 arid 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 2v 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 maintainIng any martholes except at or within 10 feet of each terminal of said right-of-way. 2 3 Parcel 14A 14 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 aide measured at right angles along the following described 7 center line: 8 Beglnnin~at a point which Is 11.15 feet East and .14.914 feet South of the North one- 9 fourth quarter corner of Section 19,Townahlp 6 South,Range 10 West,&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.&N., 15 proceeding Easterly North 89°36’15”East, 1044 feet,which is the true point of beginning;16 thence proceeding Easterly North 89°36’15” East,584.43 feet to the Westerly line of the 17 existing joint outfall sewer right-of-way; thence proceeding Northerly North i3~13’30” 18 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 Bald 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.&N., 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 890 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 00 38’30”East to the truepoint of beginning; EXCEPTING THEREFROM any portion along the -----~ 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 theref or through the surface 7 of said parcel or parcels of land or within 200 8 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 tam,re~air 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 Karalee,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,OOO.OO~and Said judgment shall further 21 provide that the entry of such judgment f or 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 Bought 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 Karalea,nor shall the said judgr~ent be deemed to 5 affect the rights or defenses of any other ~efendant 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 PURTHER STIPULATED AND AGREED,in consideration of 1].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 agreeó 17 upon for the property which it is herein agreed may be taken under 18 eminent domain shall not in any mann’~r 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 th~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 Kara].es,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 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 14 carrying out the objects and purposes for which said property is 5 being taken;and said crop arid any end al].proceeds therefrom 6 shall be the property of the defendant,Peter Karales. 7 IT IS FURTHER S’rIPULATED AND AGREED that,in like manner, 8 the defendant,Peter Karales,may continue,with the crop of beans 9 which he has gvowlng upon property recently acquired byplaintiffs 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 merition~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 P~RTHER 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 ______________________________________ 28 Attorneys for Plaintiffs 29 BLODGET&BL,ODGET 30 By___________________________ _____ Attorneys for Defendant,-. 31 Peter Karales 32 STATE OF CALIFORNIA) ss COUNTY OF ORANGE ) I,ORA MAE MEREIITT,Secretary of the Board of Directors bf County Sanitation District No.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.S of Orange County,California,held on the ~th day of July,1953,by the following roll call vote: AYES:Directors ~W.~r*t~r,~or~n H,Mflt~r *‘adsn Finch NOES: ABSENT: IN WITNESS WHEREOF,I have hereunto set my hand ~nd affixed the official seal of County Sanitation District No.of Orange County,California,this ~th day of July,1953. ~ Secretary,Board of Directors County Sanitation District No. Orange County,California .ui.3~ RESOLUTION NO.29*6 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.811 OF ORANGE 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.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 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 “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 iB more particularly described as: —1— •Commencing &t~a point which is the center of Section l9~T 6 S,R lOW,S.B.B.&M.,proceeding Easterly N 590 4.0’34”E,16 7.91 feet,more or less to the West erly right—of—way line 0.1 the existing J.O.~.Right-ofø Way as recorded in Deed Book 538 page 47,Official Records of Orange County,California;an&thence proceeding Northerly along said right—of—way line N 13°18’15”E, 1358.18 feet;thence proceeding Westerly S 89°4.0’34”W, 12g7.39 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 4].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. 11*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:construct 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,OOO.OO,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~. 31*of Orange County,California,on the 15th day of July,l953~ Secretary,Board of Directors County Sanitatiofl District No. Orange County,California —2— (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 and 11 of ORANGE No.60601 12 COUNTY,CALIFORNIA, Plaintiffs,STIPULATION 13 V. l~4 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 se~er~ 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 Orange recorded May 6,1953,in Book 2499 at pages 35 through 41 Inclusive,Official Records of Orange County,CalifornIa~ 32 Without the right,however,of ôonstructing or Exhibit “A” 1 maintaining any martholes except at or within 10 feet of each terminal of said right-of-way. 2 3 Parcel 4A 14 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 14.914 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 1].Wright Street (proposed)which is the true point of beginning,and co~itinu1ng 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: 114 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 proceeding Easterly North 890 36’15” East,564.143 feet to the Westerly line of the 17 existing joint outfall sewer right-of-way; thence proceeding Northerly North 13°13’30” 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 148 214 That certain real proDerty’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 l3~13’30” East,1358.58 feet~thence proceeding Westerly -‘909.214 feet;thence proceeding Southerly South 32 00 ~30”East to the true point of beginning; EXCEPTING ~HEREPR0M any portion along the -2- 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 Dceds; ALSO EXCEPTING THEREFROM all oil,oil 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 8 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 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 filed in Book 7, l~4 page 37 and in Book 25,page 2L~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 plaintiff8 are 18 entitled to immediate possession thereof upon payment to said 19 defendant,Peter Karalea,or to the clerk of this court for his 20 benefit,the sui~i of $Lt7,O0O.OO~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 2L~said Peter Karalea,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 30 to the value of any add~.tional 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 ahall 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 1].the agreement of Peter Icarales that such judgment may be entere~, 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 114 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 e.greed 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 plaIntiff’s 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 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 growing upon property recently acquired by plaintiffs 10 from John E.Poole,et u~,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 mentiontd 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_________________________________ 28 Attorneys for Plaintiffs 29 BLODGET &BLODGET 30 By___________________________ ______ Attorneys for Defendant,- —.______ 31 Peter Karales 32 -5- 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.of Orange County,California,held on the ~th day of July,1953,by the following roll call vote: AYES:Directors ~H~~‘~x~nez’,No~n~n H.VAtlior and A.U.X~eIore NOES:None ABSENT: IN WITNESS ViHEREOF,I have .hereunto sot my hand ~nd affixed the official seal of County Sanitation District No. 6 of Orange County,California,this 8th day of July,1953. -~rrr -~ Secretary,Board of Directors County Sanitation District No. Orange County,California • RESOLUTION NO.291—? A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.3LV~J OF ORANGE 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.7 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,CaJ~iforn1a,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 “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 an~ended 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- Commencing~at a point which is the center of Section 19,T 6 S,R 1O~L,S.B.B.8cM.,proceeding Easterly N 89°40’34”E,16 ’7..91 feet,more or less to the West erly right—of—way line of the existing J.O.~.Right—O~ø Way as recorded in Deed Book 538 page 47,Official Records of Orange County,California;ansl thence proceeding Northerly along said right-of—way line N 13°18’15”E, 1356.18 feet;thence proceeding Westerly S 89°40’34”W, l287.~9 feet,more or less,to the Easterly line of the right-of-way for Wright Street (proposed)a~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 contain8 47.47 acres. BE IT FURTHER RESOLVED: That the Board of Directors of County Sanitation District No. 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:construct. 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,OO0.OO,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~ 7 of Orange County,California,on the 15th day of Ju1y~l953~ Secretary,Board of Directors County Sanitation District No. Orange County,California -- (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 and 11 of ORANGE No.60601 12 COUNTY,CALIFORNIA, Plaintiffs,STIPULATION 13 V. 14 PETER KARALES,et al, 15 Defendants. 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 and across a portion of the Northeast 24 Quarter of Fractional Section 19,TownshIp 6 South, Range 10 West,S.B.B.&N.,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.&N.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 Orange31County,CalIfornia~ 32 Without the right,however,of constructing or Exhibit “A” 1 maintaining any manholes except at or within 10 feet of each terminal of said right-of-way. 3 Parcel 4A 4 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,3.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.&14.;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.&14., 15 proceeding Easterly North 89°36’15”East, 1044 feet,which is the true point of beginning;16 thence proceeding Easterly North 89°36’15” East,5b4.43 feet to the Westerly line of the 17 existing joint outfall sewer right-of-ways t:hence proceeding Northerly North 13°13’30” lo 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 4W 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 or Section 19, 27 Township 6 South,Range 10 West,S.B.B.&14., 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” ‘1 East,1358.58 feet~thence proceeding Westerly 909.914 feet;thence proceeding Southerly South 32 00 ~30”East to the true point of beginning; EXCEPTING THEREFROM any portion along the -2- 1 Easterly line included in that strip of land 15 feet wide conveyed to the City of Santa Ana 2 by deed recorded June 2].,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 hydrocarborisby 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 8 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 alàng 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 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,OOO.OO~and said judgment shall further 21 provide that the entry of such judgment f or 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 arid 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- N - 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 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 condemnationurider 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 e.greed 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 prope’ty,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 Inacquiring 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 Baid 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 endeavots 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 Kara].es. 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 growing upon property recently acquired by plaintiffs 10 from John H~Poole,et wc,arid that 8aid 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 defense8 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 Bought 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 &BLOD~ET 30 By__________________________ Attorneys for Defendant,-. 31 Peter Kara].es 32 -5- STATE OF CALIFORNIA) 55 COUNTY OF ORANGE ) I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.7 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.7of Orange County,.California,held on the ~th day of July,1953,by the following roll call vote: AYES:Directors ~jn~ aad Vine~rit ~.Iftm~toA NOES: ABSENT; IN WITNESS WHEREOF,I have hereunto set my Fiand a~d affixe.d the official seal of County Sanitation District No.I of Orange County,California,this ~th day of July,1953. Secretary,Board of Directors County Sanitation District No.7 Orange County,California ..3... RESOLUTION NO.296i~1j. A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.fl OF ORANGE 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.1]~ 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 stipu:Lation 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 fu:Ll 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 site1 the North 500 feet t,hereof so that the description of the property for said Treatment P:Lant 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— (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 and 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 and between 18 plaintiffs and defendant,Peter Karalea,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 tä 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 214 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.&N.thence 2~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 61,1953,In Book 2499 at pages 35 through 41 inclusive,Official Records of Orange County,CalIfornIa~ 32 Without the right,however,ot constructing or Exhibit “A” 1 maintaining any manholes except at or within 10 feet of each terminal of said right-of-way. 2 3 Parcel 4A 4 A 100-toot 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.&14., 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 18 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.&14.;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.&14., 15 proceeding Easterly North 890 36’15”East, 1044 feet,which is the true point of beginning;16 thence proceeding Easterly North 89°36’15” East,564.43 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 teet~thence proceeding Southerly South 19 00 35’30”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 Z&B 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.&14., 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 l3~13’30” 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 -2- 1 Easterly line Included In that strip of land 15 feet wide conveyed to the City of Santa Aria 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 unde:r the parcel or parcels of land hereinabove 6 described,without,however,the right ever to drill,dig or mine theref or through the surface 7 of said parcel or parcels of land or within200 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 arid 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,O0o.oo~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 PetEIr 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 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 su~above 8et 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 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 p:Laintiffs,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~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 agreeo 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 2~4 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 growing upon property recently acquired by plaintiffs 10 from John N.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 ari8e 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___________________________________ 28 Attorneys for Plaintiffs 29 BLODGET &BLODGET 30 ___________________________________ Attorneys for Defendant,- —.______ 31 Peter Karales 32 -5- •Comencing.at a point which is the center of Section 19,T 6 S,R l0’~,S.B.B.&M.,proceeding Easterly N ~9°40’34”E,l6 7_9].feet,more,or less,to the West erly right-of—way line of the existing J.0.S.Right-of~ Way as recorded in Deed Book 53~,page 47,Official Records of Orange County,California;and thence proceeding Northerly along said right-of-way line N 13°1~’15”E, •135~.1~feet;thence proceeding Westerly S ~9°40’34”W, l2~7.39 feet,more or less,to the Easterly line of the right-of-way for Wright Street (proposed)as shown in B~ok 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 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 47.4?acres. BE IT FURTHER RESOLVED: That the board of Directors of County Sanitation District No. 11.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:conStruct. 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,OOO.OO,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~ U of Orange County,California,on the 15th day of July,l953~ Secretary,Board of Directors County Sanitation District No. Orange County,California —2—