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HomeMy WebLinkAboutResolution 1958 - 0585RESOLUTION NO0 585-3 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUN1Y SANITATION DISTRICT NO.3 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.3 of Orange County,California,resolves as follows: Section 1.That the Board of Directors of County Sanitation District No.3 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 maintenance by said County Sanitation Distri of certain public improvements,to wit:A sanitary sewer and all facilities and appurtenances necessary or incidental theret•in cluding manholes,measuring devices,pumping stations and other struc• tures for the transportation and receipt of sewage and industrial wastes for the purpose of transporting,treating and disposing of saio 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 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: Parcel 1.The North 40 feet of the Northwest quarter of Section 19,Township 6 South,Range 10 West,San -Bernardino Base &Meridian. Parcel 2.The North 40 feet of the East 30 feet of Section 24,Township 6 South,Range 11 West,San Bernardino Base &Meridian. —1— Parcel 3.A strip of land 20 feet in width in fractional North half of the Northeast quarter of Section 19, Township 6 South,Range 10 West,San Bernardino Base & Meridian,lying southwesterly of and adjacent to that certain 30—foot easement arid right of way for sewer purposes as condemned to County Sanitation District No.1 of Orange County by Final Decree of Condemnation,a certified copy of which was recorded December 31,1954, in Book 2912,Page 263 of Official Records,records of Orange County,California. (b)Temporary easements and rights of way as follows: Percel 1,A strip of land 40 feet in width in fractional North half of the Northeast quarter of Section 19, Township 6 South1 Range 10 West,San Bernardino Base and Meridian,County of Orange,State of California,City of Huntington Beach,the Northeasterly line of said 40—foot strip described as being parallel to and distant 20 feet Southwesterly,measured at right angles from the Southwesterly line of that certain 30-foot easement and right of way for sewer purposes as condemned to County Sanitation District No.1 of Orange County by Final Decree of Condemnation,a certified copy of which was recorded December 31,1954,in Book 2912,Page 263 of Official Records,records of said Orange County. The side lines of said 40—foot strip are to be lengthened or shortened so as to terini~ate in the West line of said Northeast quarter and in the Northwesterly line of Wright Street. Section 3.That the permanent easements and rights of way abov~ 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 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 or 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 ~i~c: feet in depth. —2- 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, standpipe and service connection structures 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 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 construction 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 -3- to permit the use of said land for such purposes as utilized prior to the temporary use by the District as hereinabove described. Section 6,That the Board of Directors of County Sanitation District No.3 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 &Wenke,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 Sanitation District No.3 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 sai 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 for an order permitting County Sanitation District No.3 of Orange County,California,to take immediate 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.585—3 was regularly passe and adopted by the Board of Directors of County Sanitation District No.3 of Orange County,California,at a regular meeting of said -4- Board on the 10th day of December,1958. ~~~Zc~L-e’4~~ Secretary,Board of Directors County Sanitation District No.3 •Orange County,California STATE OF CALIFORNIA) SB COUNTY OF ORANGE ) I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.3 of Orange County,California,do hereby certify that the above and’foregoing Resolution No.585-3 was regularly passed and adopted by the Board of Directors of County Sanitation District No.3 of Orange County,California,at a regular meeting of said board on the 10th day of December,l958~, by the following roll call vote,to wit: AYES:Directors Thomas Baroldi,Herbert Cook,John H.Dunham, Glenn G.Fry,Paul C.Furman,Earl T.Irby,Jim Kanno, W,A.MacKinnon,W.A.Peak,Frank J Schweitzer,Jr., Walter W.Walker and Willis H.Warner NOES:Directors None ABSENT:Directors Howard M.Cornwell IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.3 of Orange County,California,this 10th day of December,1958. ~*~L Ora Mae Merritt,Secretary Of the Board of Directors Of County Sanitation District Nc3 Of Orange County,California -5-.