HomeMy WebLinkAboutResolution 1959 - 0631RESOLUTION NO.631-2
A RESOLUTION OF T}IE 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
(2-5)
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 Sani
tation District No.2 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 mainten
ance by said County Sanitation District of certain public
improvements,to wit:A sanitary sewer and all facilities and
appurtenances necessary or incidental thereto including man
holes,measuring devices,pumping stations and other struc
tures for the transporting and receipt of sewage and.indus
trial 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 situ
ated 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 situ
ated in the County of Orange,State of California,and is
more particularly described on Schedules “A”and “B”attached
hereto and made a part hereof as though set out in full
herein.
Section 3.That the permanent easements and rights of
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way above described and necessary to be acquired shall be
acquired subject to the rights of the owners,their succes
sors 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 sur
face 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 Lj•That the permanent easements and rights of
way to be acquired shall include:
(a.)The right to construct manholes,air valves,blow
offs,pumping wells,pumping stations,metering
stations,standpipe and service connection struc
tures 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.
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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 pro
vide 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 con
struct 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 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 Sani
tation 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,Kogler &Wenke,Suite 2O~,
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 Sanita
tion District No.2 of Orange County,California,against all
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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 con
demnation action shall be prosecuted in accordance 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 for an order permitting
County Sanitation District No.2 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 author
ized,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.631-2 was regu
larly 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 8th day of April
1959.
Ora ae erri~t,Secre~ary of the
Board of Directors of County Sani
tation District No.2 of Orange
County,California.
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STATE OF CALIFORNIA )
55.
COUNTY OF ORANGE )
•I,ORA MAE MERRITT,Secretary of the Board of Directors
of County Sanitation District No.2 of Orange County,Cali
fornia,do hereby certify that the above and foregoing Resolu
tion No.631-2 was regularly passed and adopted at a regular
meeting of said Board on the 8th day of April 1959,by the
following roll call vote,to wit:
AYES:Directors Frank J.Schweitzer,Jr.,
Howard M.Cornwell,
Dale H.Heinly,W.A.MacKinnon,
Rex A.Parks,Raymond L.Pound,
Walter W.Walker,
Robert Wardlow
and Will~s H.Warner
NOES:Directors None
ABSENT:Directors Glenn G.Fry
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed the official seal of County Sanitation District No.2
of Orange County,California,this 8th day of April 1959.
c1Z~~
Ora Hae Merritt,Secretary of ±he
Board of Directors of County
Sanitation District No.2 of
Orange County,California.
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SCHEDULE A
Permanent easements and rights of way as follows:
Parcel 1—P A strip of land in fractional Northwest quarter of
the Southeast quarter of Section 35,Township U South,Range 10 West,
S.B.B.&M.,State of California,County of Orange,Rancho Las Bolsas,
City of Orange,said strip of land being 30 feet in width,lying 15
feet,measured at right angles on each side of the following described
centerline:
Beginning at a point in the West line of the said Southeast
quarter,said point bears northerly along said West line a distance
of 1815.37 feet from the Southwest corner of said Southeast quarter
and running thence easterly and at right angles to said West line
1317.34 feet more or less to its interseotion with the East line of
said fractional Northwest quarter of the Southeast quarter.
Parcel 2—P The West 30 feet of the North 341.91 feet of the
following described property:
All that certain land situated in the State of California,
County of Orange,partly within the City of Orange,desoribed as fol
lows:
That portion of the Fraotional Northeast quarter of the South
east quarter of Seotion 35,Township U South,Range 10 West,S.B.B.
&M.,described as follows:
Beginning at the Northeast corner of the Southwest quarter of
the Southeast quarter of said Seotion 35,thence North 18.30 chains;
thence South 514—3/40 East 31.24 chains;thence West 25.30 chains to
the point of beginning,estimated to contain 23.15 acres.
Excepting therefrom the following:Beginning at an angle point
in the Southerly line of Lot 33 of the Dawn Tract,as shown on a
Map recorded in Book 8,page 21 of Miscellaneous Maps,records of
Orange County,California,said angle point being distant Westerly
126.06 feet from the Southeast corner of said Lot 33;thence West
parallel with the North line of said Lot 33,533.80 feet to a point
in the West line of the Northeast quarter of the Southeast quarter
of Section 35,Township U South;Range 10 West,S.B.B.&M.;thence
Northerly along said West line 382.94 feet1 more or less,to an
intersection with the Southwesterly line of said Lot 33;thence
Southeasterly along said Lot line to the point of beginning.
Parcel 3—P-.l All that certain land situated in the State of
California,County of Orange,City of Orange described as follows:
The South 30 feet of Lot 33 of the Dawn Tract,as shown on a
Map recorded in Book 8,page 21 of Miscellaneous Maps,records of
said Orange County.
Parcel 3—P-2 All that certain land situated in the State of
California,County of Orange,City of Orange,described as the South
30 feet of the following described land:
Beginning at an angle point in the Southerly line of Lot 33 of
the Dawn Tract,as shown on a Map recorded in Book 8,page 21 of
Miscellaneous kLaps,records of Orange County,California,said angle
point being distant Westerly 126.06 feet from the Southeast corner
of said Lot 33;thence West parallel with the North line of said
Lot 33,533.80 feet to a point in the West line of the Northeast
quarter of the Southeast quarter of Section 35,Township 4 South,
Range 10 West,S.B.B.&L;thence Northerly along said West line
382.94 feet,more or less,to an intersection with the Southwesterly
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SCHEDULE A
SCHEDULE A (Continued)
line of said Lot 33;thence Southeasterly along said.Lot line to the
point of beginning.
Parcel 4—P The South 30 feet of the following described parcel
or land:
All that certain parcel of land situated in the State of
California,County of Orange,City of orange,described as follows:
Lot 34 of the Dawn Tract,as shown on a Map thereof recorded in
Book 8,page 21 of Miscellaneous Maps,records of said Orange
County.
Parcel 5—p Al].that certain land.in the State of California,
County of Orange,described as follows:
The South 30 feet of Lot 35 of the Dawn Tract as shown on a map
thereof recorded in Book 8,page 21 of Miscellaneous Maps,records
01 said Orange County.
Parcel 6—P The South 30 feet of the following described
property:
All that certain land situated in the State of California,County
of Orange,described as follows:
That portion of Lot 14 of the Lockhart Tract,as shown on a Map
recorded in Book 4,page 512 of Miscellaneous Records of Los Angeles
County,California,described as follows:
Beginning at the Southwest corner of Lot 29 of the Potts,Borden
and Sidwell Tract,as shown on a Map recorded in Book 4,page 624
of Miscellaneous Records of Los Angeles County,California;thence
West along the North Line of Lot 28 of said last mentioned Tract,
845 feet;thence North 350 30’East 1000 feet;thence North 25°30’
East,308.10 feet;thence East 128,65 feet to the Northwest corner
of said Lot 29 of said last mentioned Tract;thence South along the
West line of said Lot 29,1092.33 feet to the point of beginning.
Parcel 7—P •The South 30 feet of Lots 22 and 29 of Potts,Borden
&Sidwell Tract as shown on a Map recorded in Book 4,page 624 of
Miscellaneous Records of Los Angeles County,California,
Excepting that portion lying within land described in a Deed
to State of California recorded on December 1,1954 in Book 2882,
page 377 of Qffioiaj.Records of Orange County,California.
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SCHEDULE A
SCHEDULE B
Temporary easements and rights of way as follows:
Parcel l-T A strip of land 30 feet wide,the northerly boundary
of said strip of land being described as the southerly boundary of
the following described strip of land:
A strip of land in fractional Northwest quarterof the Southeast
quarter of Section 35,Township 4 South,Range 10 West,S.B.B.&DL.,
State oi’California,County of Orange,Ranoho Las Bolsas,City of
Orange,said strip of land being 30 feet in width,lying 15 feet
measured at right angles on each aide of the following described
centerline:
Beginning at a point in theWest line of the said Southeast
quarter,said point bears northerly along said West line a distance
of 1815,37 feet from the Southwest corner of said Southeast quarter
and running thence easterly and at right angles to said.West line
1317.34 feet more or lees to its intersection wit~i the East line
of said fractional Northwest quarter of the Southeast quarter..
Parcel 2—T The East 30 feet of the West 60 feet of the North
341.91 feet of the following described property:
All that certain land situated in the State of California,County
of Orange,partly withi.n the City of Orange,d.esor.Lbed as follows:
That portion of the Fractional Northeast quarter of the South
east quarter of Section 35,Township 4 South,Range 10 West,
S.B.B.&M.,described as follows:
Beginning at the North~st corner of the Southwest quarter of
the Southeast quarter of said Section 35,thence North 18.30 chains;
thence South 54—3/4~East 31.24 chains;thence West 25.30 chains
to the point of beginning,estimated to contain 23.15 acres.
Excepting therefrom the following:Beginning at an angle point
in the Southerly line of Lot 33 of the Dawn Tract,as shown on a
Map recorded in Book 8,page 21 of Miscellaneous Maps,records of
Orange County,California,said angle point being distant Westerly
126.06 feet from the Southeast corner of said Lot 33;thence West
parallel with the North line of said Lot 33,533.80 feet to a point
in the West line of the Northeast quarter of the Southeast quarter
of Section 35,Township 4 South,Range 10 West,S.B.B.&M.;thence
Northerly along said West line 382.94 feet,more or less,to an
intersection with the Southwesterly line of said Lot 33;thence
Southeasterly along said Lot line to the point of beginning.
Parcel 3—T—l All that certain land situated in the State of
California,County of Orange,City of Orange described as follows:
The North 30 feet of the South 60 feet of Lot 33 of’the Dawn
Tract,as shown on a Map recorded in Book 8,page 21 of Miscellaneous
MapS,reoords of said Orange County.
Parcel 3—T—2 All that certain land situated in the State of
California,County of Orange,City of Orange,described as the North
30 feet of the South 60 feet of the following described land:
Beginning at an angle point in the Southerly line of Lot 33 of
the Dawn Tract,as shown on a Map recorded in Book 8,page 21 of
Miscellaneous Maps,records of Orange County,California,said
angle point being distant Westerly 126.06 feet from the Southeast
SCHEDULE B
SCHEDULE B (Continued)
corner of said Lot 33;thence West parallel with the North line of
said Lot 33,533.80 feet to a point in the West line of the North
east quarter of the Southeast quarter of Section 35,Township 4
South,Range 10 West,S.B.B,&M.;thence Northerly along said West
line 382.94 feet,more or less,to an intersection with the South—
westerly line of said Lot 33;thence Southeasterly along said Lot
line to the point of beginning.
Parcel 4—T The North 30 feet of the South 6~feet of the
following described parcel of land:
All that certain parcel of land situated in the State of
California,County of Orange,City of Orange,described as follows:
Lot 34 of the Dawn Tract,as shown on a Ma.p thereof recorded
i.n Book 8,page 21 of Miscellaneous Maps,records of said Orange
County.
Parcel 5—T All that certain land in the State of California,
County of Orange,described as follows:
The North 30 feo-t of the South 60 feet of Lot 35 of the Dawn
Tract as shown on a map thereof recorded in Book 8,page 21 of
Miscellaneous Maps,records of said Orange County.
Parcel 6—T The North 30 feet of the South 60 feet of the
following described property:
All that certain land situated in the State of California,County
of Orange,described as follows:
That portion of Lot 114W of the Lockhart Tract,as shown on a
Map recorded in Book ~page 512 of Miscellaneous Records of Los
Angeles County,California,described as follows:
Beginning at the Southwest corner of Lot 29 of the Potts,Bord.cn
and Sidwell Tract,as shown on a Map recorded in Book 4,page 624
of Miscellaneous Records of Los Angeles County,California;thence
West along the North line of Lot 28 of said last mentioned Tract,
845 feet;thence North 350 30’East 1000 feet;thence North 25°30’
East,308.10 feet;thence East 128.65 feet to the Northwest corner
of said Lot 29 of said last mentioned Tract;thence South along
the West line of said Lot 29,1092.33 feet to the point of beginning.
Parcel 7—T The North 30 feet of the South 60 feet of Lots 22
and 29 of Potts,Borden &Sidwell Tract as shown on a Map recorded
in Book 4,page 624 of’Miscellaneous Records of Los Angeles County,
California.
Excepting that portion lying within land described in a Deed to
State of California recorded on December 1,1954 in Book 2882,page
377 of Official Records of’Orange County,California.
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SCHEDULE B