HomeMy WebLinkAboutResolution 1959 - 0603S
RESOLUTION NO.603—3
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.3 OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING AND DIRECTING
THE CONDEI~NATION 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 or County Sanitation
District No.3 of Orange County,California,has four~.and deter
mined 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 inoiderital there
to including manholes,measuring devioes,pumping stations and.
other structures for the transporting.and receipt of sewage and
industrial wastes for the purpose of transportation,treating and
disposing of said.sewage and industrial wastes arising within the
territories of said County Sanitation District and auoh 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,tne 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
Orange,State of California,and is more particularly described
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as follows,to—wit:
(a)Permanent easements and rights of way as follows:
Parcel 1—P.Al].that certain land situated in
the State of California,County of Orange,City
of Huntington Beach,described,as follows:
Those portions of that portion of the South one—
half’of the South one—halt of the Southeast one—
quarter of Section 23,Township 5 South,Range 11
Weat,S.B.B.&M.,lying easterly of the East line or
the 30—foot wide right of way conveyed to Santa Ana
and Newport Railway Co.by deed recorded in Book 39,
page 338 of Deeds and second in deed recorded in
Book L~,page 66 of Deeds in the office of the Re
corder of Orange County,California described as
follow a:
1.The Westerly 30 feet except the Southerly 2~2O
feet thereof.
2.The Northerly 50 feet of the Southerly 14-70 feet
of the Easterly 105 feet of the Westerly 135
feet.
Parcel 2—P.All that certain land situated in the
State of California,partly in the Ranoho La Bolsa
Chica and Ranoho Las Bolsas,County of Orange,City
of Huntington Beach,described as follows:
The East 30 feet of the West L~5 feet of the North
one—half of the Southwest one—quarter of the South
east one—quarter of Section 23,Township 5 South,
Range 11 West,San Bernardino Base and Meridian.
Paroel 3—P.All that certain land situated in the
State of California,County of Orange,City of
Huntington Beach,described as follows:
The East 30 feet of the West 14.5 feet of’the follow
ing paroels of land:
Parcel 1
The South one—half of the North one—half of the
Southeast one—quarter and the North one—half of
the Northwest one—quarter of the Southeast one—
quarter of Section 23,Township 5 South,Range 11
West,San Bernardino Base and Leridian.
Parcel 2
The Southwest one—quarter of the Northeast one—quarter
of Section 23,Township 5 South,Range 11 West,San
Bernardino Base and Meridian.
Parcel 3
The West one—half of the Northwest one—quarter of
the Southeast one—quarter of’Section lLi~,Township 5
South,Range 11 West,San Bernardino Base and
Meridian.
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Parcel 4—P.All that certain land situated in the
State of California,Rancho La.Bolsa Chica,County
of Orange,City of Huntington Beach,described as
follows:
The East 30 feet of the West 45 feet of the Northwest
one—quarter of the North east one—quarter of Section 23,
Township 5 South,Range 11 West,San Bernardino Base
and Meridian.
Parcel 5—P.All that certain land situated in the
State of California,Rancho Las Bolsas,County of
Orange,City of Huntington Beach,described as
follows:
The East 30 feet of the West 45 feet of the South—
west one—quarter of the Southeast one—quarter of
Section 14,Township 5 South,Range 11 west,San
Bernardino Base and Meridian,excepting therefrom
the North 150 feet.
Parcel 6—P.All that certain land situated in the
State of California,Ranoho Las Bolsas,County of
Orange,City of Huntington Beach,described as
follows:
The East 30 feet of the West 45 feet of the North
150 feet of the Southwest one—quarter of the South-
east one—quarter of Section 14,Township .5 South,
Range 11 West,San Bernardino Base and Meridian.
Parcel 7—P.All that certain land situated in the
State of California,Rancho La Bolsa Chica,County
of Orange,City of Huntington Beach,described as
follows:
The East 30 feet of the West 45 feet of that portion
of the Southwest one—quarter of the Northeast one—
quarter of Section 14,Township 5 South,Range 11
West,San Bernardino Base and Meridian lying South
westerly of that certain parcel of land described
in the Deed to the State of California recorded
September 24,1954,in Book 2825,page 463 of
Official Records of said Orange County.
Parcel 8—P.All that certain land situated in the
State of California,Rancho La Bolsa Chioa,County
of Orange,City of Huntington Beach,described as
follows:
The East 30 feet of the West 45 feet of that
portion of the Southwest one—quarter of the North
east one—quarter of Section 14,Township 5 South,
Range 11 West,San Bernardino Base and Meridian
as described in a Deed to the State of California
recorded September 24,1951+in Book 2825,page 1+63
of Official Records of said Orange County.
Parcel 9—P.All that certain land situated in the
State of California,Rancho La Bolsa Chica,County
of Orange,City of Huntington Beach,described
as follows:
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The East 30 feet of the West 45 feet of that
portion of the Southwest one—quarter of the North
east one—quarter of Section lLI~,Township 5 South,
Range 11 West,San Bernardino Base and iVAe~’idian
lying Northeasterly of that certain parcel of land
described.in the Deed to the State of California,
recorded September 24,1954,in Book 2825,page 463
of Official Records of said.Orange County.
Paroel 10—P.All that certain land.situated.in
the State of California,partly in Rancho Las
Bolsa,partly in Rancho La Bolsa Chioa,County
of Orange,City of Westminster,described as fol
lows:
The Easterly 30 feet of the Westerly 45 feet of
the Northwest one—quarter of the Northeast one—
quarter of Section 14,Township 5 South,Range 11
West,San Bernardino Base and 1~erid.ian.
Parcel 11—P.All that certain land.situated.in
the State cf California,County of Orange,Rancho
Las Bolsas,hLidway City Sanitary District,City
of Westminster,described as follows:
That portion of the Southeast one—quarter of the
Southwest one—quarter of Section 11,Township 5
South,Range 11 West,San Bernardino I~eridian
lying easterly of the 100—foot wide Southern
Pacific Railroad Right of Way the centerline of
which is shown on a Record of Survey recorded in
Book 39,page 12 of Records of Survey in the
office of the Recorder of Orange County,California.
Parcel 12—P.All that oertain land.situated in
the State of California,Rancho Las Bolsas,County
of Orange,City of Westminster,described as
follows:
The westerly 30 feet of the Southeast one—quarter
of Section 11,Township 5 South,Range 11 West,
San Bernardino Base and 1v~eridian,except that
portion thereof lying southerly of the following
described line:
Beginning in the West line of said Southea8t one—
quarter at a point distant thereon South 0 37’0011
East 538.84 feet from a one—inch iron pipe marking
the center of said section;thence North 44°23’001t
West 39.31 feet to the beginning of a tangent curve
concave northwesterly and having a radius of 177
feet;thence northeasterly along said.curve through
a central angle of 450 00’0011 an arc distance of
139.02 feet to a point of tangency with a line
parallel with and.distant 80 feet easterly,
measured at r1~ht angles from said West line of
the Southeast one—quarter.
Parcel 13—P.All that certain land situated in
the State of California,Raricho Las Bolsas,County
of Orange,City of Westminster,described as
follows:
~14~
The westerly 30 feet of the Southeast one—quarter
of Section 11,Township 5 South,Range U West,
S.B.B.&lvi.,except that portion thereof lying
northerly of the following described line:
Beginning in the West line of said Southeast one—
quarter at a point distant thereon South 0°37’00”
East 538.824.feet from a one—inch iron pipe marking
the center of said Section;thence North 44°23’00”
West 39.31 feet to the beginning of a tangent curve
concave northwesterly and having a radius of 177
feet;thence northeasterly along said curve through
a central angle of 45°00’00”an arc distance of
139.02 feet to a point of tangency with a line
parallel with and distant 80 feet easterly,
measured at right angles,from said West line of
the Southeast one—quarter.
(b)Temporary easements and rights of way as follows:
Paroel 1—T.All that certain land situated in the
State of California,County of Orange,City of
Huntington Beach described as follows:
Those portions of that portion of the South one—
half of the South one—half of the Southeast one—
quarter of Section 23,Township 5 South,Range 11
West,S.B.B.&L,lying easterly of the East line
of the 30—foot wide right of way conveyed to
Santa Ana and Newport Railway Co.,by Deed recorded
in Book 39,page 338 of Deeds and second in deed
recorded in Book 44,page 66 of Deeds in the office
of the Recorder of Orange County,California
described as follows:
1.The easterly 45 feet of the westerly 75 feet,
except the southerly 470 feet thereof.
2.The northerly 35 feet of the southerly 505 feet
of the easterly 95 feet of the westerly 170
feet.
3.The northerly 50 feet of the southerly 470 feet
of the easterly 35 feet of the westerly 170
feet.
Parcel 2—T.All that certain land situated in the
State of California,partly in the Ràncho La Bolsa
Chica and Rancho Las Boleas,County of Orange,City
of Huntiri~ton Beaoh,described as follows:
The East 45 feet of the West 90 feet of the North
one-half of tue Southwest one—quarter of the South—
eaBt one—quarter of Section 23,Township 5 South,
Range 11 West,San Bernardino Base and I~eridian.
Parcel 3—T.All that certain land situated in the
State of California,County of Orange,City of
Hunttngton Beach,described as follows:
The East ~i.5 feet of the West 90 feet of the fol
lowing paroels of land:
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Parcel 1
The South one—half of the North one—half of the
Southeast one—quarter and the North one—half of
the Northwest one—quarter of the Southeast one—
quarter of Section 23,Township 5 South,Range 11
West,San Bernardino Base and Iv.eridian.
Parcel 2
The Southwest one—quarter of the Northeast one—
quarter of Section 23,Township 5 South,Range
11 West,San Bernardino Base and IV~eridian.
Parcel 3
The West one—half of the Northwest one—quarter
of the Southeast one—quarter of Section 14,
Township 5 South,Range 11 West,San Bernardino
Base and J~eridian.
Parcel 4-T.All that certain land situated in the
State of California,Rancho La Bolsa Chioa,County
of Orange,City of Huntington Beach,described
as follows:
The East 45 feet of the West 90 feet of the
Northwest one—quarter of the Northeast one—quarter
of Section 23,Township 5 South,Range 11 West,
San Bernardino Base and 1~er1dian.
Parcel 5—T.All that certain land situated in the
State of California,Ranch~Las Bolsas,County of
Orange,City of Huntington Beach,described as
follows:
The East 45 feet of the West 90 feet of the
Southwest one—quarter of the Southeast one—
quarter of Section 14,Township 5 South,Range 11
West,San Bernardino Base and kerid.ian,excepting
therefrom the North 150 feet.
Parcel 6—T.All that certain land situated in the
State of California,Ranoho Las Bolsas,County of
Orange,City of Huntington Beach,described as
follows:
The East 45 feet of the West 90 feet of the North
150 feet of the Southwest one—quarter of the South
east one—quarter of Section 14,Township 5 South,
Range 11 West,San Bernardino Base and }~eridian.
Parcel 7—T.All that certain land situated in
the State of California,Ranoho La Balsa Ch.ioa,
County of Orange,City of Huntington Beach,dee—
oribed as follows:
The East 45 feet of the West 90 feet of that
portion of the Southwest one—quarter of the
Northeast one—quarter of Section l~4,Township
5 South,Range 11 West,San Bernardino Base
and Meridian lying Southwesterly of that certain
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.parcel of land described in the Deed to the State
of California recorded September 24,1954,in Book
2825,page 463 of Official Records of said Orange
County.
Parcel 8—T.All that certain land situated in the
State of California,Ranoho La Bolsa Chion,County
of Orange,City of Huntington Beach,described as
follows:
The East 45 feet of the West 90 feet of’that portion
of the Southwest one—quarter of the Northeast one—
quarter of Section 14,Township 5 South,Range U
West,San Bernardino Base and ~eridian as described
in a Deed to the State of California reoorded
September 24,1954,in Book 2825,page 463 of
Official Records of said.Orange County.
Paroel 9—T.All that certain land situated in the
State of’California,Ranoho La Bolsa Chica,County
of Orange,City of Huntington Beaoh,described as
follows:
The East 45 feet of the West 90 feet of that portion
of the Southwest one—quarter of the Northeast one—
quarter of Section 14,Township 5 South,Range 11
West,San Bernardino Base and iv.~6ridian lying North
easterly of that certain parcel of land desoribed
in the Deed to the State of California recorded
September 24,1954,in Book 2825,page 463 of’
Official Records of said Orange County.
Parool 10—T.All that certain land situated in
the State of California,partly in Ranobo Las
Boloas,partly in Rancho La Balsa Chioa,County
of’Orange,City of Westminster,described as fol
lows:
The Easterly 45 feet of the Westerly 90 feet of
the Northwest one—quarter of the Northeast one—
quarter of Section 14,Township .5 South,Range 1].
West,San Bernardino Base and.]~Leridian.
~aroel l2—T.All that oertain land situated in
the State of California,Raricho Las Bolsas,County
of Orange,City of Westminster,described as
follows:
The Easterly 30 feet of the Westerly 60 feet of
the Southeast one—quarter of Section 11,Township
5 South,Range 11 West,S.B.B.&I~.exoept that
portion thereof lying southerly of the following
described line:
Beginning in the West line of said Southeast one—
quarter at a point distant thereon South (~O 371 OOfl
East 538.84 feet from a one—inch iron pipe marking
the center of’said Section;thence North 44°23’00”
West 39.31 feet to the beginning of a tangent ourve
oonoave northwesterly and.having a radius of 177
feet;thence northeasterly along said ourve through
a central angle of 45°00’00”an arc distance of
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139.02 feet to a point of tangency with a line
parallel with and distant 80 feet easterly,
measured at right angles,from said West line of
the Southeast one—quarter.
Parcel 13—T.All that certain land situated in
the State of California,Ranoho Las Bolsas,County
of Orange,City of Westminster,described as
follows
The Easterly 30 feet of the Westerly 60 feet of
the Southeast one—quarter of Seotiori 11,Town
ship 5 South,Range 11 West,San Bernardino Base
and ~eridlan,except that portion thereof lying
northerly of the following described line:
Beginning in the West line of Bald Southeast one—
quarter at a point distant thereon South’O°37’00”
East 538.84 feet from a one—inoh iron pipe marking
the center of Bald section;thence North 440 23’00”
West 39.31 feet to the beginning of a tangent curve
concave northwesterly and having a radius of 177 feet;
thence northeasterly along said curve through a
central angle of 45°00’00”an aro distance of
139.02 feet to a point of tangenoy with a line
parallel with and distant 80 feet easterly,
measured at right angles from said West line of
the Southeast one—quarter.
Section 3.That the permanent easements and rights of way
above described and necessary to be aoqulred 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 suob
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 plaoed,
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 to~of any pipe or pipes
located within the lines of said easements or rights of
way;
(o)No fill shall be plaoed .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
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improvements to be constructed therein greater than
six feet in depth.
Section L~,That the permanent easements and rights of way
to be acquired shall include:
(a)The right to construct manholes,air valves,blowoff a,
pumping wells,pumping stations,metering stations,
standpipe and.servioe.connectiOn structures appurtenant
to said line or lines of trunk sewer pipe,whioh
structures may e~ctend.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 rights upon
oompleti~n of the construatiori of the pipeline or pipe
lines or other wor1~s,to construct and.maintain an ao—
cess 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 specifloally
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 appur—
tenanoes,but not to exceed a period of two years.
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(a)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 asto 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,Suit 2014,106 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 withthe 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 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.,
~eneral Counsel of the District,to pay to the County Clerk of
the County of Orange suon sum or sums of money from Distriot
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.
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.603-.3 was regularly
passed and adopted by the Board of Directors of County Sanitation
District No.3 of Orange County,California,at a regular adjourned
meeting of said Board held on the 28th day of January,1959.
~:Z~--2~~&~
Ora Mae Merritt,Secretary of the
Board of Directors of County
Sanitation District No0 3 of
Orange County,California
STATE OF CALIFORNIA)
SS
COTJWTY 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.603—3
was passed and adopted by the Board of Directors of County Sanita
tion District No.3 of Orange County,California at a regular ad
journed meeting thereof held on the 28th day of January,1959,by
the following roll call vote,to wit:
AYES:Directors:Glenn G.Fry,Paul C.Furman,
William H.Hirstein,Thomas Baroldi,John R.
Dunham,Earl T.Irby,Jim Kanno,W.A.MacKinnon,
W.A,Peak,Frank J.Schweitzer,Jr.,Walter W.
Walker and Howard M.Cornwell
NOES:Directors None
ABSENT:Directors:Herbert Cook
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 28th day of January,1959.
Secretary,Board of Directors
County Sanitation District No.3
Orange County,California
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