HomeMy WebLinkAboutResolution 1959 - 0615RESOLUTION NO.61.5—3
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.3 OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING AND DIRECTING
THE CONDEIV~NATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE
STATE OF CALIFORNIA
(3—3)
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 deter
mined and hereby does find and determine,that the public interest
and necessity require for public us.e the acquisition,construction,
completion,operatlon and maintenance by said County Sanitation
District of certain public improvements,to—wit:A sanitary sewer
and all faoilities and appurtenanoes necessary or incidental there
to including manholes,measuring devices,pumping stations and
other struotures 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 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 publio 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
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as follows,to—wit:
(a)Permanent easements and rights of way as follows:
Parcel 1—P.All that certain land situated in the State
of California,County of Orange,Ranoho Las Bolsas,City
of Westminster described as follows:
The South 40 feet of the South one—half 01’the Northeast
one—quarter of Section 10,Township 5 South,Range 11
West,San Bernardino Base and Meridian,lying easterly
and northeasterly of the following described line:
Beginning at a point in the South line of the said South
one—half of the Northeast one—quarter,said point bears
South 89°29’32”East,965,02 feet along said South
line from the Southwest corner of said South one—half
and running thence North 44°01’46”West~65~92 feet;
thence North 44°56’02”West,825.12 feet;thence North
17°59’49”West,732.97 feet to a point in the North
line of said South one—half distant thereon South 89°
29’32”East,101.66 feet from the Northwest corner
thereof.
Parcel 2—P.All that certain land situated in the State
of California,Cc~’unty of Orange,Ranoho Las Bolsas,
City of’Weetmincter described as folJ.owe:
The South 40 feet of the South one-half of the Northeast
one—quarter of Section 10,TownshIp 5 South,Range 11
West,San Bernardino Base and Meridian,lying westerly
and southwesterly of the following described line:
Beginning at a point in the South line of the said South
one—half of tne Northeast one—quarter,said point bears
South 89°29’32”East,965.02 feet along said Scuth
line from the Southwest corner of said South one—half
and running thence North 44°0].’46”West,65.92 feet;
thence North 44°56’02”West,825.12 feet;thence North
17°59’49”West,732.97 feet to a point in the North
line of said South one—half distant thereon South 89°
29’321!East,101,66 feet from the Northwest corner
thereof.
Parcel 3—P.All that certain land situated in the State
of California,Rar~cho Los Alamitos,County of Orange,
described,as follows:
The West 40 feet of the East one-half of the South one—
half of Section 34,Township 4 South,Range 11 West,
San Bernardino Ease and 1v~erid~an,lying within the fol
lowing described property:
The parcel of land In an Action pending in the Superior
Court of the State of CalifornIa,in and for the Csunty
of Orange,Case No.7786’?,entitled the People of the
State cf Ca]ifornia acting by and through the Department
of Public Works,Plaintiff,versus Fred H.Bixby Bench
Company and others,Defendants,to condemn a portion of
caid,land,therein designated as Parcels 1 and 2,for a
State Highway,Notice of the peridency of said action
was recorded July 30th,1958,in Book 4367,page 355,
of Offioial Records of said Orange County.
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Parcel 4—P.All that certain land situated in the State
of California,Rancho Los Alamitos,County of Orange,
described as follows:
The West 4D feet of the East one—half of the 5outh one—
halt and the West 4~feet of the East one—half of the
South one—half of the North one—half,all of Section 34,
Township 4 South,Range 11 West,San Bernardino Base and
Meridian.
Parcel 5—P.The West 40 feet of the following described
parcel of land:
All that certain land situated in the State of California.
County of Orange,Rancho Los Alamitos,City of WestzDinst9r,
described as follows:
The East 80 acres of the North one—half of the North one—
half of Section 34,Township 4 South,Range 11 West,
San Bernardino Base and Meridian.
Parcel 6—P.The North 20 feet of the East 734 feet of
the following described property:
All that certain land situated in the State of California,
Rancho Los Alamitos,County of Orange,described as
follows:
The North one—half of the North one—half of Section 34,
Township 4 South,Range 11 West,San Bernardino Base and
Meridian,excepting therefromthe East 80 acres.
Parcel 7—P.All that certain land situated in the State of
California,Ranoho Los Alamito8,County of Orange,des
cribed as follows:
The South 20 feet of the West 734 feet of the East 100
acres of the South one—half of the South one—half of
Section 27,Township 4 South,Range 11 West,San
Bernardino Base and Meridian.
Parcel 8—P.The East 40 feet of the following described
parcel of land:
All that certain land situated in the State of California,
County of Orange,described as follows:
The South one—half of the South one—half of Section 27,
Township 4 South,Range 11 West,San Bernardino Base and.
Meridian,excepting therefrom the East 100 acres.
Parcel 9—P.All that certain land situated in the State
of California,County of Orange,Rancho Los Alainitos,
Cypress City,described as follows:
A strip of land 40 feet in width lying in the North one—
half of the Southwest one—quarter of Section 27,Town
ship 4 South,Range 11 West,San Bernardino Base and
Meridian the northeasterly line of said 40—foot strip is
described as follows:
Beginning at a point in the South line of said North one—
half,said point bears West 659.00 feet from the south
east corner of said North one—half and running thence in
a straight line in a northwesterly direction to an inter
section with the North line of said North one—halt,said
point of intersection bears West 1319.80 feet from the
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northeast corner of said North one—half.(Said point of
intersection being also the southeast corner of the West
one—half of the Northwest one—quarter of said SectIon 27).
Parcel 10—P.All that certain land situated in the State
of California,Rancho Los Alaniltos,County of Orange,
described as follows:
The East 40 feet of the West one—half of the Northwest
one—quarter of Section 27,Township 4 South,Range 11
West,San Bernardino Base and Meridian.
Parcel 11—P.All that certain land situated in the State
of California,Rancho Los Alamitos,County of Orange,
described as follows:
The East 40 feet of that portion of the West one—half of
the Sc~uthwest one—quarter of Section 22,Township 4
South,Range 11 West,San Bernardino Base and Meridian,
lying within the Rancho Los Alamitos as shown on Map
No.2 attached to the Final Decree of Partition rendered
in Case No.13527 of the Superior Court of Los Angeles
County,a certified copy of said Final Decree having
been recorded in Book 14,page 31 of Deeds,records of
Orange County,California,excepting that portion included
in the Right of Way of the Southern Pacific Railroad
Company,60 feet wide,as described in deed recorded in
Book 29,page 328,of Deeds,records of said Orange
County.
Parcel 12—P.All that certain land situated In the
State of California,Rancho Los Alarnitos,County of
Orange,described as follows:
The East 40 feet of that portion of the West one—half
of the Southwest one—quarter of Section 22,Township 4
South,Range 11 West,San Bernardino Base and Meridian,
included in the right of way of the Southern Pacific
Railroad Company,60 feet wide,as described in a deed.
recorded in Book 29,page 328,of Deeds,records of
said Orange County.
Parcel 13—P.All that certain land situated in the State
of California,Rancho Los Coyotes,County of Orange,
described as follows:
A strip of land 40 feet in width in that portion of the
Southwest one—quarter of Section 22,Township 4 South,
Range 11 West,San Bernardino Base and Meridian,lying
within the Rancho Los Coyotes,as shown on a map recorded
In Book 51,page 11,of Miscellaneous Maps,records of
said Orange County,extending from the southerly line
of said Ranoho Los Coyotes to the North line of said
Southwest one—quarter of Section 22,the easterly line
of said 40—foot strip being the Northerly prolongation
of the East line of the West one—half of that portion
of the Southwest one—quarter of Section 22,Township
4 South,Range 11 West,San Bernardino Base and Meridian,
lying within the Rancho Los Alamitos.
(b)Temporary easements and rights of way as follows:
Parcel l—T,~U1 that cQi’tainland situated in the State
of CalIfornia,County of Orange,Eancbo Las Boloae,City
of Westminster described as follows:
The North 35 feet of the South 75 feet of the South one—
half of the Northeast one—quarter of Section 10,Township
5 South,Range 11 West,San Bernardino Base and.Meridian,
lying easterly and.northeasterly of the following
described line:
Beginning at a point in the South line of the said.South
one—half of the Northeast one—quarter,sa~id point bears
South 89°29’32~East,965.32 feet along said South line
from the Southwest corner of said South one—half and
running thence North 44°01’46”West,65.92 feet;thence
North 44°56’02”West,825.12 feet;thence North 17°59’
49”West,732.97 feet to a point in the North line of said
South one—half distant thereon South 89°29’32”East,
101.66 feet from the Northwest corner thereof.
Parcel 2—T.All that certain land situated in the State
of Cali.fornia,County of Orange,Ranoho Las Bolsas,City
of Westminster described as follows:
The North 35 feet of the South 75 feet of the South one~
half of the Northeast one—quarter of Section l~,TownshIp
5 Scuth,Range 11 West,San Bernardino Base and.MeridIan,
lying westerly and southwesterly of the following des
cribed line:
Beginning at a point in the South line of the said South
one—half of the Northeast one—quarter,said point bears
South 89°29’32”East,965.02 feet along said South line
from the Southwest corner of said South one—half and run
ning thence North 4L~’01’46”West,65.92 feet;thence
North 44°56’02”West,825.12 feet;thence North 17°59’
49”West,732.97 feet to a point in the North line of
said.South one—half distant thereon South 89°29’32”
East,101.66 feet from the Northwest corner thereof.
Parcel L4..~T.All that certain land situated in the State
of California,Rancho Los Alarnitos,County of Orange,
described as follows:
The East 35 feet of the West 75 feet of the East one—
half of the South one—half and the East 35 feet of the
West 75 feet of the East one—half of the South one—half
of the North one—half all of Section 34,TownshIp 4
South,Range 11 West,San Bernardino Base and Meridian.
Parcel 5—T.The East 35 feet of the West 75 feet of the
following described parcel of land:
All that cei’tain land situated in the State of California,
County of Orange,Ranoho Los Alamitos,City ~f Westminster,
described as follows:
The East 80 acres of the North one—half of the North one—
half of’Section 34,Township 4 South,Range 11 West,San
Bernardino Base and Meridian,
Parcel 6—T,The South 35 feet of the North 55 feet of the
East 734 feet,of the following described property:
All that certain land situated in the State of California,
Rancho Los Alamitos,County of Orange,described as
follows:
The North one—half of the North one—half of Section 34,
Township 4 South,Range 11 West,San Bernardino Base and
Meridian,excepting therefrom the East 80 acres.
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Parcel 8—T.The West 35 feet of the East 75 feet of
the following described parcel of land:
All that certain land situated in the State of California,
County of Orange,described as follows:
The south one—half of the South one—half of Section 27,
Township 4 South,Range 11 West,San Bernardino Base and
Meridian,excepting therefrom the East 100 acres.
Parcel 9—T.All that certain land situated in the State
of California,County of Orange,Rancho Los Alanitos,
Cypress City,described as follows:
A strip of land 35 feet in width lying in the North one—
half of the Southwest one—quarter of Section 27,Town
ship 4 South,Range 11 West,San Bernardino Base and
Meridian,the northeasterly line of said 35—foot strip
being described as a line running parallel to and dis
tant 40 feet southwesterly measured at right angles
from the following described line:
Beginning at a point in the South line of said.North one—
half,saId point bears West 659,00 feet from che south—
ea3t corner of said North one—half and running thence
in a straight l~ne in a northwesterly dIrection to am
intersection with the North line of said North one—
half,said point of intersection bears West 1319.80 feet
from the northeast corner of said North one—half,
(Said point of intersection being also the southeast
corner of the West one—half of the Northwest one—
quarter of saId Section 27.)
Parcel 10—T,All that certain land situated in the State
of California,Ranoho Los Alamitos,County of Orange,.
desoribed as follows:
The West 35 feet of the East 75 feet of the West one—
half of the Northwest one—quarter of Section 27,Town
ship 4 South,Range 11 West,Sam Bernardino Base and
Meridian,
Parcel ll—T.All that certain land situated in the State
of California,Ranoho Los Alamitos,County of Orange,
described as follows:
The West 35 feet of the East 75 feet of that portion of
the West one—half of the Southwest one—quarter of
Section 22,Township 4 South,Range 11 West,San
Bernardino Base and Meridian,lying within the Ramoho
L~o Alamitos as shown on Map No.2 attached to the Final
Decree of Partition rendered in Case No,13527 of the
Superior Court of Los Angeles County,a certified copy
of said Final Decree having been recorded in Book 14,
page 31 of Deeds,records of Orange County,California,
exceptIng that portion included in the Right of Way of
the Southern Pacific Railroad Company,60 feet wide,
as described in deed recorded in Book 29,page 328,
of Deeds,records of said Orange County,
Parcel 13—T.All that certain land situated in the
State of California,Ramoho Los Coyotes,County of
Orange,described as follows:
The West 35 feet of a strip of land 75 feet in width in
that portion of the Southwest one—quarter of Section 22,
Township 4 South,Range 11 West,San Bernardino Base and
—6—
Meridian,lying within the Rancho Los Coyotes,as
shown on a map recorded in Book 51,page 11,of Mis
cellaneous 1’aps,records of said Orange County,extending
from the southerly line of said Rancho Los Coyotes to
the North line of said.Southwest one—quarter of Section
22,the easterly line of said 75—foot strip being the
Northerly prolongation of the East line of the West one—
half of that portion of the Southwest one—quarter of
Section 22,Township LI~South,Range 11 West,San
Bernardino Base and Meridian,lying within the Rancho
Los Alamitos.
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 six
feet in depth.
Section 14.~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 surrace of the ground;
(b)The right during construction to use all existing private
roads within the properties of the owners for ingress to
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and egress from the work,together with the right,upon
completion of the construction of the pipeline or pipe
lines or other works,to construct and maintain an ac
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 p1l~and store machinery,
equipment)and excavated and ether 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 Gewerd 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.
(o)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 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 2OLF,106 West Fourth Street,Santa
Ana,California,be and it is hereby authorized and directed to
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commence an action in the Superior Court of the State of California
in and f~r 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 said attorneys are authorized and in
structed to make application to said Court for an order fixing
the amount of security by way of money deposits as said Court nay
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 ol’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.615—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 held on the 11th day of karch,1959.
Ora 1V~ae Lerritt,Secretary of the
Board of Directors of County
Sanitation District No,3 of
Orange County,California.
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—,
I
STATE OF CALIFORNIA)
ss
COUNTY OF ORANGE )
I,OH.A MP~E I”IERRITT,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.6)Ja3
was regularly passed and adopted at a regular meeting of said
Board on the Uthday of MM:h,l9~9,by the following roll
call vote,to wit:
AYES:Directors UOW8*~.M,orfltiYØi~‘(Cb~tz’~n~,
John fl,t)u~tmm,(fl~e~ui O~~*7~
Paul.C.Piu’~afl,E~avl ~.
~~‘€~ak,W’aitér W.Walker,,
Eob~rtW~pflow,.~t~an1c J.
ar~a wtu~s
H.‘~~aFne’
NOES:Directors
ABSENT:Directors :~~Cook and
W A.:}~c$trrnon
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
official seal of County Sanitation District No.,~of Orange County,
California,this 11th’day of MC~’~19 59
~-‘-~~-~--~-~
Ora Mae Merritt,Secretary of
The Board of Directors of County
Sanitation District No.~
Of Orange County,California