HomeMy WebLinkAboutResolution 1958 - 0586RESOLUTION NO.586-il
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.11 OF ORANGE
COUNTY9 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.11 of
Orange County,California,resolves as follows:
Section 1.That the Board of Directors of County Sanitation
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 maintenance by said County Sanitation Distrit
of certain public improvements,to wit:A sanitary sewer and all
facilities and appurtenances necessary or incidental thereto,includ
ing manholes,measuring devices,pumping stations and other structures
for the transportation and receipt of sewage and industrial wastes for
the purpose of transporting,treating and disposing of said sewage anc~
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 pro
perty situated in.the County of Orange,State of California,is neces
sary therefor.
Section 2.That the real property,the acquisition of whicF~i 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 That portion of fractional Section 13,
Township 6 South,Range 11 West,S.B.M.,described
as follows:
The North 110.00 feet of the West 86.00 feet of
the Southeast quarter (SE1/4)of said fractional
Section 13.
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Parcel 2 That portion of fractional Section 27,
Township S South,Range 11 West,S.B.M.,described
as follows:
The South 65.00 feet of the North 205 feet of the
East 130 feet of the Southeast quarter (SE1/4)of
said fractional Section 27.
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 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 four 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,
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
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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 Board of Directors of County Sanitation
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 &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.11 of Orange County,California,against all owners and
claimants of the above-described properties for the purpose of con
demning and acquiring said properties for the use of said County
Sanitation District;that said condemnation action shall be prosecutec
in accordance with the provisions of law applicable thereto.That
said attorneys are authorized and instructed to make application to
said Court for an oróer 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,Californi?,to take
immediate possession and use of said real property for the uses and
purposes herein described,
Section 6.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.586—11 was regularly
passed arid adopted by the Board of Directors of County Sanitation
District No.11 of Orange County,California,at a regular meeting of
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the Board of Directors of County Sanitation District No.
11 on the 10th day of December,1958.
Secretary,Board of’Directors
County Sanitation District No.11
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,California,
do hereby certify that the above and foregoing Resolution No.
586-Il 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:
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 sea].of County Sanitation District No.11 of Orange
County,California,this 10th day of December 1958.
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Secretary,Board of’Direôtors
County Sanitation District No.11
Orange County,California
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