HomeMy WebLinkAboutResolution 1959 - 0657RESOLUTION NO.657-3
A RESOLTJTION OF THE BOARD OF DIRECTORS OF
COUNTY 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
(3-4B)
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,com
pletion,operation and maintenance by said County Sanitation District
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 struc
tures 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 public interest and necessity for the uses and pur
poses set forth in Section 1 hereof,is situated in the County of
Orange,State of California,and is more particularly described on
Schedules NA”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 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 exer
cise 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 4.That the permanent easements and rights of way to
be acquired shall include:
(a)The right to construct manholes,air valves,blow-ores,
pumping wells,pumping stations,metering stations,stand-
pipe 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,
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equipment,and excavated and other materials and supplies;
together with the right to remove improvements,trees,
shrubs and other growth thereon,unless specifically other
wise 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.
Cc)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 &Werike,Suite 2O1l~,106 West Fourth Street,Santa Ana,Calif
ornia,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 pur
pose 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 there
to.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
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permitting County Sanitation District No.3 of Orange County,Calif
ornia,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 fo 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.657-3 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 10th day of June,1959.
Ora Mae Merritt,Secretary of the
Board of Directors of County Sani
tation District No.3 of Orange
County,California
STATE OF CALIFORNIA)
)as
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.657-3 was
regularly passed and adopted at a regular meeting of said Board on
the 10th day of June1959,by the following roll call vote,to wit:
AYES:Directors Howard M.Cornwall,Thomas Baroldi,
Herbert Cook,John R.Dunham,Glenn C.Fry,
Paul C.Furnian,Earl T.Irby,Jim Kanno,
W.A.MacKinnon,Frank J.Schweitzer,Jr.,
and Walter W.Walker
NOES:Directors None
ABSENT:Directors William A~Peak and Willis H.Warner
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
the official sea].of County Sanitation District No.3 of Orange
County,California,this 10th day of June 1959.
i1~L ~-~-~
Ora Mae Merritt,Secretary’of the
Board of Directors of County
Sanitation District No.3 of
Orange County,California
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SCHEDULE “A”
PERMANENT EASEMENTS
Parcel 1-P
All that certain land situated in the state of California,
Rancho Los Coyotes,county of Orange,city of Buena Park described
as follows:
A strip of land 30 feet in width in the North one-half of
Section 34,Township 3 South,Range 11 West,S.B.B.&M.,said 30 foot
strip of land lying 15 feet on each side,measured at right angles,
of the following described center line.
Beginning at a point in the West line of said Section 34,
said point lying northerly 55 feet from the West quarter corner of
said Section 34 and running thence North 890 36’48’East,parallel
to the South line of said North one-half,a distance of 2691.82 feet;
thence North 69°53’48”East,118.30 feet to a point distant 95
feet measured at right angles,from the South line of the Northeast
quarter of said Section 314;thence North 89°40’143”East,parallel
to said South line;702 feet,more or less,to an intersection with
the West line of the parcel of land described in a deed to Southern
Pacific Company recorded May 24,1957 as Instrument Number 69223 in
Book 3920,page 443 of Official Records of said Orange County.
Parcel 2-P
The North 30 feet of the South 110 feet of the Northeast
quarter of Section 34,Township 3 South,Range 11 West,S.B.B.&M.
lying East of the parcel of land described in a deed to National
Dairy Products Corporation recorded May 24,1957 as Instrument Number
69020 in Book 3920,page 36 of Official Records of said Orange County.
Parcel 3-P
All that certain land situated in the Northeast quarter of
Section 34,Township 3 South,Range 11 West,S.B.B.&M.,state of
California,Rancho Los Coyotes,county of Orange,city of Buena Park
described as follows:
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The North 30 feet of the South 45 feet of the parcel of land
described in a deed to Southern Pacific Company recorded May 24,1957,
as Instrument Number 69223 in Book 3920,page 443 of Official Records
of said Orange County.
Parcel 4-P
All that certain land situated in the Northeast quarter of
Section 34,Township 3 South,Range 11 ~West,S.B.B.&M.,state of
California,Rancho Los Coyotes,county of Orange,city of Buena Park
described as follows:
The North 30 feet of the South 45 feet of the parcel of land
described in a deed to National Dairy Products Corporation recorded
May 24,1957 as Instrument Number 69020 in Book 3920,page 36 of
Official Records of said Orange County.
Parcel 5-P
All that certain land situated in the Northeast quarter of
Section 34,Township 3 South,Range 11 West,S.B.B.&M.,state of
California,Rancho Los Coyotes,county of Orange,city of Buena Park
described as follows:
The North 30 feet of the South 110 feet of the parcel of land
described in a deed to Standard Oil Company recorded December 1,1920
in Book 381,page 47 of Deeds,records of said Orange County and as
modified by Agreement recorded July 25,1940 in Book 1059,page 596
of Official Records of said Orange County.
Parcel 6-P
That portion of Lot 52 of Miners Subdivision,as shown on a Map
thereof,recorded in Book 1,page 7 of Record of Surveys in the
Office of the said Orange County,described as follows:
Beginning at the most Westerly corner of the parcel of land
described as “Northam Station Grounds”in a deed recorded January 11,
1889 in Book 529,page 175 of Deeds,records of Los Angeles County,
California and running thence North 3)40 05’55°East along the
Northwesterly line of said “Northam Station Grounds,”75.00 feet;
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thence North 550 531 57”West along the Southwesterly line of that
certain right of way described In a deed recorded August 19,1889 In
Book 593,page 109 of Deeds,records of Los Angeles County,CalIfornia
a distance of 40 feet;thence South 34°05’55”West,37.73 feet to
an intersection with the Easterly prolongation of the North line of
Thlare Street as shown on a map of Tract 798 per Book 24,page 22 of•
Miscellaneous Maps in the office of the Recorder ofOrange County,
California;thence South 890 34’20”West 65.78 feet along said pro
longation to the Northeast line of Lot D of said Tract;thence South
550 53~57”East along said Northeast line 94.22 feet to the point
of beginning.
Parcel 7-P
A strip of land 30 feet In width being a portion àf Lot 52 of
Miners Subdivision per map recorded in Book 1,page 7 of Record of
Surveys in the Office of the Recorder of Orange County,California In
said County and State,the Southeasterly line of which is described
as follows:
Beginning at the intersection of the Northeasterly line of the
100-foot wide right of way described In a deed recorded August 19,
1889 In Book 593,page 109 of Deeds of Los Angeles County,California
with the Northwesterly line of the “Northam Station Grounds”
described In a deed recorded January 11,1889 in Book 529,page 175
of said Deeds and running thence North 34°05’45”East,75.00 feet
to the Northerly corner of said “Northam Station Grounds;”thence
North 76°20’20”East,373.3 feet to the Westerly line of Grand
Avenue (80’wide)at a point distant North 87°59’54”West,43 feet,
more or less,from the intersection of the center line of said Grand
Avenue with the center of the “Existing 80’wIde right of way”of La
Habra Road,all as shown on the Plans for the “Improvement of La
Habra Road”by the State Highway Department of California on sheet 3
of 23 of Plan approved May 3,1954 and designated as “District VII -
Ora -Route 62 -Section D;”the Northwesterly line of said 30-foot
strip to be shortened or lengthened,as the case may be,so ~s to
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originate in said Northeasterly line and terminate in said Westerly
line.
Parcel 8-P
That portion of the 100.00 foot right of way of the Atchison,
Topeka and Santa Fe Railway,as described in a deed to the California
Central Railway Company,recorded August 19,1889 in Book 593,page
109 of Deeds,records of Los Angeles County,California,included
within a strip of land L~0.00 feet in width,the Southeasterly line of
said strip being coincident with the prolongation across said 100.00
foot right of way of the Northwesterly line of the “Northam Station
Grounds,”as described in a deed to the California Central Railway
Company,recorded January 11,1889 in Book 529,page 175 of Deeds,
records of Los Angeles C~unty,California.
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SCHEDULE “B”
TEMPORARY EASEMENTS
Parcel l-T
The Southerly line of said 30 foot strip to be 15 foot northerly
measured at right angles from the following described line.
Beginning at a point in the West line of said Section 34,said
point lying northerly 55 feet from the West quarter corner of said
Section 34 and running thence North 89°36’48”East,parallel to the
South line of said North one-half,a distance of 2691.82 feet;thence,
North 69°53’~48”East,118.30 feet to a point distant 95 feet,
measured at right angles,from the South line of the Northeast
quarter of said Section 3’4;thence North 89°40’43”East,parallel
to said South line,702 feet,more or less,to an intersection with
the West line of the parcel of land described in a deed to Southern
Pacific Company recorded May 24,1957 as Instrument Number 69223 in
Book 3920,page 443 of Official Records of said Orange County.
Parcel 2-T
The North 30 feet of the South 140 feet of the Northeast quarter
of Section 34,Township 3 South,Range 11 West,S.B.B.&M.lying East
of the parcel of land described in a deed to NatIonal Dairy Products
Corporation recorded May 24,1957’as Instrument Number 69020 in Book
3920,page 36 of Official Records of said Orange County.
Parcel 3-T
All that certain land situated in the Northeast quarter of
Section 34,Township 3 South,Range 11 West,S.B.B.&M.,state of
California,Rancho Los Coyotes,county of Orange,city of Buena Park
described as follows:
The North 30 feet of the South 75 feet of the parcel of land
described in a deed to Southern Pacific Company recorded May 24,1957
as Instrument Number 69223 in Book 3920,page 443 of Official Records
of said Orange County.
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Parcel k-T
All that certain land situated in the Northeast quarter of
Section 34,Township 3 South,Range 11 West,S.B.L&M..,state of
California,Rancho Los Coyotes,county of Orange,city of Buena Park
described as follows:
The North 30 feet of the South 75 feet of the parcel of land
described in a deed to National Dairy Products Corporation recorded
May 24,1957 as Instrument Number 69020 in Book 3920,page 36 of
Official Records of said Orange County.
Parcel 7-T
A strip of land 30 feet in width being a portion of Lot 52 of
Minerp Subdivision per map recorded in Book 1,page 7 of Record of
Surveys in the Office of the Recorder of Orange County,California’in
said County and State,the Southeasterly line of which lies 30 feet
Northwesterly,measured at right angles,from the line described as
follows:
Beginning at the intersection of the Northeasterly line of the
100-foot wide right of way described in a deed recorded August 19,
1889 in Book 593,page 109 of Deeds of Los Angeles County,California
with the Northwesterly line of the “Northam Station Grounds”
described in a deed recorded January 11,3.889 in Book 529,page 175
of said Deeds and running thence North 34°05’45”East,75.00 feet
to the Northerly corner of said “Northain Station Grounds;”thence
North 76°20’20”East,373.3 feet to the Westerly line of Grand
Avenue (80’wide)at a point distant North 87°59’54”West,43 feet,
more or less,from the intersection of the center line of said Grand
Avenue with the center the “Existing 80’wide right of way”of La
Habra Road,all as shown on the Plans for the “Improvement of La Habra
Road”by the State Highway Department of California on sheet 3 of 23
of Plan approved May 3,1954 and designated as “District VII -Ora -
Route 62 -Section D;”the side lines of said 30-foot strip to be
shortened or lengthened,as the case may be,so as to originate in
said Northeasterly line and terminate in said Westerly line.
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