HomeMy WebLinkAboutResolution 1958 - 0570RESOLUTION NO.570-11
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.11 OF ORANGE
COUNTY CALIFORNIA AUTHORIZING AND DIRECT
ING TH~CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE,STATE OF
CALIFORNIA.
The Board of Directors of County Sanitation District
No.11 of Orange County,California,resolves as follows:
Section 1.That the Board of Directors of County Sanita
tion District No.11 of Orange County,California,has found
and determined,and hereby does find and determine,that the
public interest and necessity require for public use the
acquisition,construction,completion,operation and main
tenance by said County Sanitation District of certain public
improvements,to wit:A sanitary sewer and all facilities and
appurtenances necessary or incidental thereto including man
holes,measuring devices,pumping stations and other struc
tures for the transportation and receipt of sewage and indus
trial wastes for the purpose of transporting,treating and
disposing of said sewage and industrial wastes arising within
the territories of said County Sanitation District and such
other territories as said District may have contracted to
serve pursuant to law;and that certain real property situ
ated in the County of Orange,State of California,is neces
sary therefor.
Section 2.That the real property,the acquisition of
which is required by the public interest and necessity for
the uses and purposes set forth in Section 1 hereof,is situ
ated in the County of Orange,State of California,and is
more particularly described as follows,to wit:
(a)Permanent easements and rights of way as follows:
Parcel.1 All that portion of Section 12,Town
ship 6 South,Range 11 West,S.P.B.&M.,described
as follows:
The West 15.00 feet of the Southeast quarter (SEL)
of the Southwest quarter (SW~)of said Section l~.
Excepting therefrom the South 30.00 feet now in
Atlanta Avenue,per deed recorded May 5,l9OL~,in
Book 103,page 313 of Deeds.
—1—
Parcel.2.All that portion of Section 12,Town—
~Iiip 6 south,Range 11 west,S.B.B.&M.,described
as follows:
A strip of land,30.00 feet in width,and being
15.00 feet on each side of the following described
center line:
Beginning at the Southeast corner of the Northwest
quarter tNW~)of the Southwest quarter (SW~)of said
Section 12;thence Northerly along quarter quarter
Section lines to the Northeast corner of the South
half (Si)of the Southwest quarter (SW*)of the
Northwest quarter (NW~)of said Section 12.
Excepting therefrom a strip of land 40.00 feet wide
along the east-west quarter section line now in
Indianapolis Avenue,per ç~eed recorded December 13,
1900,in Book 43,page 194 of Deeds.
Parcel 3 All that portion of Section 12,Township
~South Range 11 lest,S.B.B.&M.,described as
follows:
The East 15.00 feet of the East half (E~-)of the
Southwest quarter (SW~)of the Southwest quarter
(SW~)of said Section 12.
Excepting therefrom the South 30.00 feet now in
Atlanta Avenue per deed recorded May 5,1904,in
Book 103,page 313 of Deeds.
Parcel.4 All that portion of Section 12,Town
sMp 6~South,Range 11 West,S.B.B.&N.,described
as follows:
The West 15.00 feet of the East half of the North
120 Acres of the West half of said Section 12,
excepting therefrom the South 30 Acres.
Excepting therefrom the North 30.00 feet now in
Adams Avenue,as established by order of the Board
of Supervisors of Orange County,California,filed
January 16,1899,in Book 1,page 232 of the minutes
in the office of said Board.
Parcel.5 All that portion of Section 12,Town
ship 6 South,Range 11 West,S.B.B.&M.,described
as follows:
The West 15.90 feet of the South 30 Acres of the
East half (E~)of the North 120 Acres of the West
half (W3-)of said Section 12.
Parcel 6 All that portion of Section 12,Town
ship 6 South,Range 11 West,S.B.B.&M.,described
as lollows:
The East 15.00 feet of the l~Test half (Wi)of the
North 120 Acres of the West half (1ii~)of said Sec
tion 12.
Excepting therefrom the North 30.00 feet,now in
Adams Avenue,as established by order of the Board
of Supervisors of Orange County,California,filed
January 16,1899,in Book 1,page 232 of the minutes
in the office of said Board.
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(b)Temporary easements and rights of way as follows:
Parcel 1 J~ll that portion of Bection 12,Town
ship 6 South,Range 11 ~‘Test,S.B.B.&M.,described
as follows:
The East 15.00 feet of the 1~est 30.00 feet of the
Southeast quarter (SEt)of the Southwest quarter
(SW~)of said Section 12.
Excepting therefrom the South 30 feet now in
Atlanta Avenue,per deed recorded May 5,1904 in
Book 103,page 313 of Deeds.
Parcel_2.All that portion of Section 12,Town
~Eip 6South,Range 11 Itrest,S.B.B.&M.,described
as follows:
(a)The West 10.00 feet of the East 25.00 feet of
the Northwest quarter (NW1)of the Southwest quarter
(SW~)and the South half ~S4)of the Southwest
quarter (SW-?~)of the Northwest quarter (NW~)of
said Section 12.
(b)The East 15.00 feet of the 1~Jest 30.00 feet of
the West half (Wi)of the Northeast quarter (NEt)
of the Southwest~quarter çSW+),and the ~fest half
(W*)of the South half (Sr)of the Southeast quarter
(SE—)of the Northwest quarter (NW~)of said
Section 12.
Parcel 13 All that portion of Section 12,Town
ship 6 South,Range 11 West,S.B.B.&M.,described
as follows:
The West 10.00 feet of the East 25.00 feet 9f the
East half (Ei)of the Southwest quarter (SW~)of
the Southwest quarter (SW~)of said Section 12.
Excepting therefrom the South 30.00 feet now in
Atlanta Avenue per deed recorded May 5,1904 in
Book 103,page 313 of Deeds.
Parcel 4 All that portion of Section 12,Town
ship 6 South,Range 11 West,S.B.B.&M.,described
as follows:
The East l5.Q0 feet of the West 30.00 feet of the
East half (E*)of the North 120 Acres of the West
half (W*)of said Section 12,excepting therefrom
the South 30 Acres.
Excepting therefrom the North 30.00 feet now in
Adams Avenue as established by order of the Board
of Supervisors of Orange County,California,filed
January 16,1899,in Book 1,page 232 of the minutes
in the office of said Board.
Parcel 5 All that portion of Section 12,Town
ship 6 South,Range 11 West,S.B.B.&M.,described
as follows:
The East 15.00 feet of the West 30.00 feet of the
South 30.00 Acres of the East half çE~)of the
North 120 Acres of the West half (W~)of said
Section 12.
—3—
Parcel 6 All that portion of section 12,Town
ship 6 South,Range 11 West,S.B.B.&M.,described
as follows:
The West 10.90 feet of the East 25.00 feet of the
West ha}f (W~)of the North 120 Acres of the West
half (W~)of said Section 12.
Excepting therefrom the North 30.00 feet,now in
Adams Avenue,as established by order of the Board
of Supervi,sors of Orange County,California,filed
January 16,1899 in Book 1 page 232 of the minutes
in the office of said Board.
Section 3.That the permanent easements and rights of
way above described and necessary to be acquired shall be
acquired subject to the rights of the owners,their successors
and assigns,to use the surface of the land within the boun
dary lines of such easements and rights of way to the extent
compatible with the full and free exercise of said easements
and rights of way;provided,however,that:
(a)No building or structure of any kind shall be
placed,erected or maintained thereon;
(b)No streets,alleys nor roadways shall be constructed
upon,over,or along said easements and rights of
way to a grade less than four feet above the top of
any pipe or pipes located within the lines of said
easements or rights of way;
Cc)No fill shall be placed or maintained over the
surface of the ground as it shall exist within the
lines of said easements and rights of way upon the
completion of the improvements to be constructed
therein greater than four feet in depth.
Section ~.That the permanent easements and rights of
way to be acquired shall include:
(a)The right to construct manholes,air valves,blow
offs,pumping wells,pumping stations,metering
stations,standpipe and service connection struc
tures appurtenant to said line or lines of trunk
sewer pipe,which structures may extend above the
surface of the ground;
(b)The right during construction to use all existing
private roads within the properties of the owners
for ingress to and egress from the work,together
with the right,upon completion of the construction
of the pipeline or pipelines or other works,to
construct and maintain an access road upon,over
and along such permanent easements and rights of
way as may be in the public interest from time to
time.
Section 5.That the temporary easements and rights of
way to be acquired shall include and extend for the duration
indicated as follows:
(a)Temporary easements for road purposes and to pro
vide an area in which to work and to pile and store
machinery,equipment,and excavated and other
materials and supplies;together with the right to
remove improvements,trees,shrubs and other growth
thereon,unless specifically otherwise provided,in
aid of the construction of the trunk sewer or sewers
of the District.
(b)The said temp6rary easements shall exist for •the
period of time necessary for the District to con
struct a trunk sewer and works incident thereto,
including appurtenances,but not to exceed a period
of two years.
(c)The District on or before the expiration dates of
said temporary easements will redeliver possession
of the whole area included within the hereinabove-
described temporary easements to the owner or owners
thereof in such manner as to permit the use of said
land for such purposes as utilized prior to the
temporary use by the District as hereinabove
~d e sc r i bed.
Section 6.That within that portion of the real
property described in Section 2 of this resolution extending
from Atlanta Avenue northerly to Adams Avenue,there are
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certain irrigation pipelines and tile drain lines,and the
District finds that it will be necessary to cut,lower and
replace approximately twenty (20)feet of tile drain header
line along the north side of Atlanta Avenue where said line
is to be intercepted by the proposed trunk sewer line to be
constructed by the District.That excepting for this specific
item of reconstruction,the District will not damage or
destroy any other existing tile drain line or irrigation
pipeline or pipelines within the easements and rights of way
described in Section 2 of this resolution.
Section 7.That the Board of Directors of County Sani
tation District No.11 of Orange County,California,hereby
declares its intention to acquire the property described in
Section 2 hereof by proceedings in eminent domain.That the
law firm of Miller,Nisson,Kogler &~enke,Suite 204,
106 West Fourth Street,Santa Ana,California,be and it is
hereby authorized and directed to commence an action in the
Superior Court of the State of California in and for the
County of Orange in the name and on behalf of County Sanita
tioii District No.11 of Orange County,California,against
all owners and claimants of the above—described properties
for the purpose of condemning and acquiring said properties
for the use,of said County Sanitation District;that said
condemnation action shall be prosecuted in accordance with
the provisions of law applicable thereto.That said
attorneys a.re authorized and instructed to make application
to said Court for an order fixing the amount of security by
way of money deposits as said Court may direct and for an
order permitting County Sanitation District No.11 of Orange
County,California,to take immediate possession and use of
said real property for the uses and purposes herein described.
Section 8.That the Auditor of the District is author
ized,upon receipt of a Court order and demand from C.Arthur
Nisson,Jr.,
General Counsel of the District,to pay to the
County Clerk of the County of Orange such sum or sums of money
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•frotn District funds as may be required from time to time to
be deposited upon order of the Court granting immediate
pOssessiàn bf easements and rights of way to the District.
The above and foregoing Resolution No.~~67c—”was
regularly passed and adopted by the Board of Directors of
County Sanitation District No.11 of Orange County,Cali
fornia,at a’regular meeting of said Board held on the 12th
day of November 1958.
iIIIi~?~
Ora Mae Merritt,Secretary of the
Board of Directors of’County Sanita
tion District No.11 of’Orange County,
California
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,ORA MAE MERRITT,Secretary of the Board of Directors
of County Sanitation District No.11 of Orange County,Cali
fornia,do hereby certify that the above and foregoing
Resolution No.57O//was regularly passed and adopted by
the Board of Directors of County Sanitation District No.11 of
Orange County,California,at a regular meeting of said Board
held on the 12th day of November 1958,by the following roll
call vote,to wit:
AYES:Directors Willis H.Warner,Victor Terry and Earl T.Irby
NOES:Directors None
ABSENT:Directors None
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed the official seal of County Sanitation District No.11
of’Orange County,California,this 12th day of November 1958.
ra Mae Merritt,Secret~ary öf the
Board of Directors of County Sanita
tion District No.11 of Orange
County,California
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