HomeMy WebLinkAboutResolution 1958 - 0584RESOLUTION NO.584-2
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.2 OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE
STATE OF CALIFORNIA
The Board of Directors of County Sanitation District No.2 ~
of Orange County,California,resolves as follows:
Section 1.That the Board of Directors of County Sanitation
District No.2 of O:ange 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 maintenance by said County Sanitation
District of certain public improvements,to wit:A sanitary sewer
and all facilities and appurtenances necessary or incidental thereto
including manholes,measuring devices,pumping stations and other
structures for the transportation and receipt of sewage and industriaa
wastes for the purpose of transporting,treating and disposing of saic~
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 situated in the County of Orange,State of California,is
necessary therefor.
Section 2.That the real property,the acquisition of which
is required by the public interest and necessity for the uses and
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purposes set forth in Section 1 hereof,is situated 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:
Farcel 1.All that certain real property situated in
the City of Fountain Valley,County of Orange,State
of California,described as follows:
That protion of the Southwest quarter of Section 28,
Township 5 South,Range 10 West,S.B.B.&M.,lying
southeasterly of the following described line:
Beginning at the intersection of the Easterly line
of the Southwest quarter of said Section 28,with a line
that is parallel with and distant Northwesterly 30.00
feet,measured at right angles,from that certain course
in the Northwesterly line of land described in a deed
to the Newbert Protection District,recorded September 23,
1910,in Book 181,page 252 of Deeds,having a bearing
and distance of South 29°West,830 feet;thence
South 29°West along said parallel line to the Southerly
line of said Section 28.
EXCEPTING therefrom all,that portion of said land lying
Southeasterly of the monumented Northwesterly line of the
Newbert Protection District’s Santa Ana River Channel.
Parcel 2.All that certain land situated in the
Northwest one-quarter of Section 33,Township 5
South,Range 10 West,San Bernardino Base and
Meridian,state of California,county of Orange,
Rancho Las Bolsas,city of Fountain Valley,described
as follows:
Beginning at a point in the South line of said
Northwest one—quarter,said point being the inter
section of the said South line with the northwesterly
line,or its southwesterly prolongation,of that
certain 25—foot strip of land described in a deed
to the Orange County Flood Control District,recorded
in Book 1396,page 244 of Official Records,records
of said Orange County and running thence along said
South line,South 89°21’30”West,94.68 feet;
thence North 490 52’40”East,147.02 feet,more or
less to its intersection with a line,parallel to
and distant 30 feet,measured at right angles to
the said northwesterly line of the above mentioned
25—foot strip;thence northeasterly along said
parallel line to its intersection with the North
line of said Northwest one—quarter;thence easterly
along the North line of the said Northwest one—quarter
to its intersection with the northwesterly line,or
its northeasterly prolongation,of said 25—foot strip;
thence southwesterly along the northwesterly line of
said 25-foot strip to the point of beginning.
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(b)Temporary easements and rights of way as follows:
Parcel 1.A strip of land 35 feet in width in the
Southwest one-quarter of Section 28,Township 5 South,
Range 10 West,San Bernardino Base and Meridian,state
of California,county of Orange,city of Fountain Valley,
the southeasterly boundary of said 35—foot strip being
the same as the northwesterly boundary of the following
described property:
All that certain real property situated in the city of
Fountain Valley,county of Orange,State of California,
described as follows:
That portion of the Southwest one-quarter of Section 28,
Township 5 South,Range 10 West,San Bernardino Base and
Meridian,lying southeasterly of the following described
line:
Beginning at the intersection of the easterly line of the
Southwest one-quarter of said Section 28,with a line that
is parallel with and distant northwesterly 30.00 feet
measured at right angles from that certain course in the
northwesterly line of land described in a deed to the
Newbert Protection District,recorded September 23,1910,
in Book 181,page 252 of Deeds,having a bearing and
distance of “South 29°West 830 feet”;thence South 29°
West along said parallel line to the southerly line of
said Section 28.
Excepting therefrom all that portion of said land lying
southeasterly of the monumented northwesterly line of
the Newbert Protection District’s Santa Ana River
Channel.
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Parcel 2.A strip of land 35 feet in width in the
Northwest one-quarter of Section 33,Township 5 South,
Range 10 West,San Bernardino Base and Meridian,
state of California,county of Orange,Rancho Las
Bolsas,city of Fountain Valley,the southeasterly
boundary of said 35—foot strip being the same as the
northwesterly boundary of the following described
property:
All that certain land situated in the Northwest
one-quarter of Section 33,Township 5 South,Range 10
West,San Bernardino Base and Meridian,state of
California,county of Orange,Rancho Las Boleas,city
of Fountain Valley,described as follows:
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Beginning at a point in the S~uth line of said Northwest
one—quarter,said point being the intersections of the said
South line with the northwesterly line,or its southwesterly
prolongation,of that certain 25-foot strip of land
described in a deed to the Orange County Flood Control
District,recorded in Book 1396,page 244 ~f Official
Records,Records of said Orange County and running thence
along said South line,South 89°21!30”West,94.68 feet;
thence North 496 52?40”East,147.02 feet,more or less
to its intersection with a line,parallel t.and distant
30 feet,measured at right angles to the said northwesterly
line of the above mentioned 25—foot strip;thence north
easterly along said parallel line to its intersection with
the North line of said Northwest one-quarter;thence easter
along the North line of the said Northwest one—quarter to
its intersection with the northwesterly line or its north
easterly prolengation of said 25—foot strip;thence south
westerly along the northwesterly line of said 25—foot strip
to the point of beginning.
Section 3.That the permanent easements and rights of way
above described and necessary to be acquired shall be acquired subject
t~the rights of the owners,their successors and assigns,to use the
surface of the land within the boundary 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 •r pipes
located within the lines of said easements or rights of way;
(c)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 six
feet in depth.
Section 4.That the permanent easements and rights of way to
be acquired shall include:
(a)The right to construct manholes,air valves,blowoffs,
pumping wells,pumping stations,metering stations,stand
pipe and service connection structures appurtenant to said
line or lines of trunk sewer pipe,which structures may
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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 r.ad
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 provide
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 constructi.n of the trunk
sewer or sewers of the District.
(b)The said temporary easements shall exist for the period
of time necessary for the District to construct 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 pertnit the use of said land for such purposes as
utilized prior to tl)e temporary use,by the District as
hereinabove described.
Section 6.That the Board of Directors of County Sanitation
District No.2 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,
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Kogler &Wenke,Suite 204,106 West Fourth Street,Santa Ana,
California,be and it is hereby authorized and directed to commence an
actien in the Superior Court of the State of California in and for the
County of Orange in the name and on behalf of County Sanitation Distric
No.2 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 accord
ance with the provisions of law applicable thereto.That said
attorneys are 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 foz~an order permitting County
Sanitation District No.2 of Orange County,California,to take im
mediate possession and use of said real property for the uses and
purposes herein described.
Section 7.That the Auditor of the District is authorized,
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 from District funds as may
be required from time to time to be deposited upon order of the Court
granting immediate possession of easements and rights of way to the
District.
The above and foregoing Resolution No.5814_2 was regularly passed
and adopted by the Board of Directors of County Sanitation District
No.2 of Orange County,California,at a regular meeting of said
Board held on the 10th day of December,1958.
Ora Mae’Merritt,Secretary of the
Board of Directors of County
Sanitation District No.2 of Orange
County,California
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STATE OF CALIFORNIA)
Se
COUNTY OF ORANGE )
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.2 of Orange County,California,
do hereby certify that the above and foregoing Resolution
No,584-2 was regularly passed and adopted at a regular meeting
of said Board on the 10th day of December,1958,by the following
roll call vote to wit:
AYES:Directors Glenn G.Fry,Dale H.Heinly~
W.A.MacKinnon,Rex A.Parks,
Raymond L.Pound,Walter W.Walkerhi
Willis H.Warner,Robert Wardlow,
and Frank J.Schweitzer,Jr.
NOES:Directors None
ABSENT:Director Howard M.Cornwell
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
the official seal of County Sanitation District Na.2 of Orange
County,California,this 10th day of December,1958.
ciTh~~~v
Ora Mae Merritt,Secretar~of
The Board of Directors of
County Sanitation District No.2
Of Orange County,California
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