HomeMy WebLinkAboutResolution 1959 - 0678RESOLUTIOU NO.678-a
RESOLI!TION OF THE 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 an
appurtenances necessary or incidental thereto including nan-
holes,measuring devices,pumping stations and other struc
tures for the transporting and receipt of sewage arid 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 irA the County of Orange,State of California,is necessar
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 ~rth in Section 1 hereof,is situ
ated in the County of Orange,State of California,and is
nore particularly described on Schedules “A”and “B”attached
riereto and made a part hereof as though set out in full
nerein.
3e~tion 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 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 constructe
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 4.That the permanent easements and rights of
way to be acquired shall include:
(a)The right to construct manhcles,air valves,blow—
offs,pumping ~ei]s,pumping stations,metering
stations,stanripipe anJ service connection struc
tures appurtenant to said line or lines of trunk
sewer pipe,which structures may extend above the
surface cf th~ground;
(b)The right during construction to use all existing
private roads within the properties of the owners
for ingress ~o and egress from the work,together
with the rig~it,upon completion of the construction
of the pipeine or pipelines or other works,to
construct aod 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.
-2-
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 constri.ction ~f 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 sever and works incident thereto,
including appur~cr~ances,but ~GO exc5ed a period
of two years.
(c)The District on or before the ~xpiration 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 tr)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 MiL’er,Nisson,Kogler &Wenke,Suite 2O~,
106 West Four~h Street,Santa Ana,California,be and it is
hereby authorized and directed to ccrimence 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
—3-
•
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 ar
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 possessior
of easements and rights of way to the District.
The above and foregoing Resolution No.678-2 was regu
larly passed and adopted by the Board of Directors of County
Sanitation District No.2 of Orange County,California,at a
regular adjourned meeting of said Board held on the 29th d~y óf
uy,
;~
Ora ~e Merritt,Secretary of the
Board of Directors of County Sani
tation District No.2 o~Orange
County,California.
-4-
SCHEDULE A
Permanent easements and rights of way as follows:
Parcel 1-P An easement for sewer purposes over that portion o
Lot 8 of the Travis Tract,in the county of Orange,state of Calif
ornia,as per map recorded in book 5,page 120 of Miscellaneous
Records,in the office of the county recorder of Los Angeles County,
California,described as follows:
Beginning at a point in the northerly line of said lot 8,being
the centerline of Katella Avenue,formerly Struck Avenue,60.00 feet
wide,shown as an unnamed street on said map,South 890 32’10”East
373.00 feet from the intersection of said centerline with the center
line of Collins Avenue as described in the deed to the county of
Orange recorded July 26,1933,in book 618,page 471 of Official
Records of said Orange County;thence South 0°27’5Q;t West,30.00
feet to the true point of beginning;thence South 89°32’10”East
795.81 feet to the easterly line of said lOt 8;thence along said
easterly line,southerly 40.00 feet;thence parallel with said
northerly line North 89°32’10”West 795.81 feet to a line bearing
South 00 27’50”West from the true point of beginning;thence North
00 27’50”East 40.00 feet to the true point of beginning.
Parcel 2-P An easement for sewer purposes over that portion of
lot 9 of the ‘]~avis Tract,in the county of Orange,state of Calif
ornia,as per map recorded in book 5 page 120 of Miscellaneous
Records,in the office of the county recorder of Los Angeles County,
California,described as follows:
Beginning at the interseótion of the westerly line of said lot
with the southerly line of Katella Avenue,60.00 feet wide,shown as
an unnamed street on said map;thence along said southerly line
South 890 32’10”East 4.17 feet to the westerly line of the land de
scribed in the deed to the Orange County Peace Officers Association,
Inc.,recorded March 2,1953,in book 2L1~63 page 81 of Official Recor
of said Orange County;thence along said westerly line South 00 27’
50”West 40.00 feet;thence North 89°32’10”West 4.17 feet to the
westerly line of said lot 9;thence northerly 40.00 feet to the point
of beginning.
Parcel 3—P An easement for sewer purposes over that portion ci
lot 9 of the Travis Tract,in the county of Orange,state of Calif
ornia,as per map recorded in book 5,page 120 of Miscellaneous
Records,in the office of the county recorder of Los Angeles County,
California,described as follows:
Beginning at a point on the North line of said lOt,being the -
centerline of Katella Avenue,formerly Struck Avenue,60.00 feet wide
shown as an unnamed street on said map,South 890 32’10”East
1268.00 feet from the intersection of said centerline with the center
line of Collins Avenue as described in the deed to the county of
Orange,recorded July 26,1933,in book 618 page 471 of Official
Records;thence South 0°27’50”West 30.00 feet to the true point of
beginning;thence South 00 27’50”West 40.00 feet;thence North
890 32’10”West 95.02 feet,more or less,to the westerly line of
the land described in the deed to the Orange County Peace Officers
Association,Inc.,recorded March 2,1953 in book 2463 page 8].of
Official Records of said Orange County;thence along said westerly
line North 00 27’50”East 40.00 feet;thence South 89°32’10”East
95.02 feet to the true point of beginning.
SCHEDULE B
Temporary easements and rights of way as follows:
Parcel 1-T A temporary easement for working right of way over
that portion of 1.ot 8 of the Travis Tract,in the county of Orange,
state of California,as per map recorded in book 5 page 120 of
Miscellaneous Records,in the office of the county recorder of Los
Angeles County,California,described as follows:
Beginning at a point in the northerly line of said lot 8 being
the centerline of Katella Avenue,formerly Struck Av~n’ie,60.00 feet
wide,shown as an unnamed street on said map,South 890 32’10”East
373.00 feet from the intersection of said centerline with the center
line of Collins Avenue as described in the deed to the County of
Orange recorded July 26.1933,in book b18 pace 471 of Of~fic~al
Records of said Orange County;thence South Ou 27’50”West 70.00
feet to the true point of beginning;thence South 89°32’10”East
795.81 feet to the easterly line of said lot 8;thence along said
easterly line,southerly 40.00 feet;thcnce parallel with s~i~
northerly line North 89°32’10”West 795.81 feet to a line bearing
South 00 27’50”West from the true point of beginning;thence North
~O 27’50”East 40.00 feet to the true point of beginning.
Parcel 2-T A temporary easement for working right of way over
that portion of lot 9 of the Travis Tract,in the county of Orange,
state 01 California,as per map recorded in bcz’k 5,page 120 of
Miscellaneous Records,in the office of the county recorder of Los
Angeles County,California,described as follows:
Beginning at the intersection of the westerly line of said lot
with a line parallel with and distant southerly 40.00 feet from the
southerly line of Katella Avenue,60.00 feet wide,shown as an un
named street on said map;thence along said parallel line South 890
32’10”East 4.17 feet to the westerly line of the land described in
the deed to the Orange County Peace Officers Association,Inc.,re
corded March 2,1953,in book 2463 page 81 of Official Records of
said Orange County;thence along said westerly line South 00 27’50”
West 40.00 feet;thence North 89°32’10”West 4.17 feet to the
westerly line of said lot 9;thence northerly 40.00 feet to the point
of beginning.
Parcel 3-T A temporary easement for working right of way over
that portion of lot 9 of the Travis Tract,in the county of Orange,
state of California,as per map recorded in book 5 page 120 of
Miscellaneous Records,In the office of the county recorder of Los
Angeles County,California,described as follows:
Beginning at a point on the North line of said lOt,being the
centerline of Katella Avenue,formerly Struck Avenue,60.00 feet wide
shown as an unnamed Street on said map,South 890 32’10”East
1268.00 feet from the intersection of said centerline with the centex
line of Collins Avenue as described in the deed to the county of
Orange,recorded July 26,1933,in book 618 page 471 of Official
Records;thence South 00 27’50”West 70.00 feet to the true point o~
beginning;thence South 0°27’50”West 40.00 feet;thence North 89°
32’10”West 95.02 feet,more or less,to the westerly line of the
land described in the deed to the Orange County Peace Officers Assoc~
iation,Inc.,recorded March 2,1953,in book 2463 page 81 of Offici~
Records of said Orange County;thence along said westerly line North
00 27’50”East 40.00 feet;thence South 89°32’10”East 95.02 feet
to the true point of beginning.
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.2 of Orange County,California,do
hereby certify that the above and foregoing ReSolution No.678-2
was regularly passed and adopted at a regular adjourned meeting of
said Board on the 29th day of July,1959,by the following roll
call vote to wit:
AYES:Directors Frank J.Schweitzer,Jr.,Howard M.
Cornwell,Glenn G.Fry,Dale H.I4einly,W.A.
MacKinnon,Rex A.Parks,Raymond L.Pound,
Walter W.Walker,Robert Wardl.ow and Willis H.
Warner
NOES:Directors None
ABSENT:Directors None
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 29th day of July,1959.
~2))~j7
Ora Mae Merritt,Secretary of
The Board of Directors of County
Sanitation District No.2 of
Orange County,California
-5-