HomeMy WebLinkAboutResolution 1959 - 0703RESOLUTION NO.703-3
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.3 OF ORANGE
COUNTY,CALIFORNIA,AUTHORIEING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE
STATE OF CALIFORNIA
(3_L~C)
The Board of Directors of County Sanitation District No.3 of
Orange County,California,resolves as follows:
Section 1.That the Board of Direotors of County Sanitation
Distriot No.3 of Orange County,California,has found and determined,
and hereby does find and deternine,that the public interest and
necessity require for public use the acqu~.sition,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 ccntracted to serve pursuant to law;and that certain real
property situated in the County of Orange,State of California,is
necessary therefcr.
Section 2.That the real prcperty,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 cm
Schedules °A”and “B”attached hereto and made a part hereof as
though set cut in full herein.
Section 3.That the permanent easements and rights of way above
aescribed 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
—1—
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 streets1 alleys nor roadways shall be constructed upon,
over,or along said easements and rights of vra~~a grade
less than four feet above the top of any p~e or o~c~
located within tne 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 L~•That the permanent easements and rights of way to
be acquired shall include:
(a)The right to construct manholes,air valves,blow—off s,
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
lollows:
(a)Temporary easements for road purposes and to provide an
area in which to work and to pile and store machinery,
—2—
equipment,and,excavated and other materials and supplies;
together with the right to remove ir.provements,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 tei~porary easements shall exist for the ueri~d of
time necessary for the District to ccnstruct a trurih e’~wor
and,works incident thereto,including appurtenances,but
not to exceed a period of two years.
(a)The Dietriot on o:’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 de~1ares 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 204,106 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 purpose of con
demning and acquiring said properties for the use of said County Sani
tation District;that said condemnation action shall be prosecuted
in accordanos 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 seourity 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
—3—
SCHEDULE nAil
PERIvAN~T EASEI~ENTS
Parcel 1—P
The South 21 feet of the North 51 feet excepting therefrom the
West 241.93 feet thereof and South 20 feet of North 71 feet of the
West 261.93 feet of the following described property:
The west half of the northwest quarter of the northeast quarter
of section 18,Township 3 South,Range 10 West,in the Rancho Los
Coyotes,partly in the city of La Habra,all in the county of Orange,
state of California,as per map recorded in book 51,page 7 of
Miscellaneous Maps,in the office of the county recorder of said
county.
Said land is included within the area shown on a map of Tract
No.64 recorded in book 10,page 14 of said Miscellaneous Maps.
Parcel 2—P
That portion of Section 18,Township 3 South,Range 10 West,
S.B.B.&M.in the city of La Habra,county of Orange,state of
California,as per map of Tract No.64 recorded in book 10,page 14
of Miscellaneous ~aps of said Orange County,described as follows:
The South 20 feet of the North 50 feet of the Northeast quarter
of the Northeast quarter and of the East half of the Northwest quarter
of the Northeast quarter of said Section 18.
Parcel 3—P
That portion of the North half of the North half of section 17,
Township 3 South,Range 10 West,in the Rancho Los Coyotes,city of
LaHabra,county of Orange,state of California,as said section is
shown on a map recorded in book 51,page 7 of kisoellaneous i~aps,
in the office of the county recorder of said county,described as
follows:
The South 20 feet of the North 50 feet of the West 2042.31 feet
of the North half of the North half of said section 17.
Parcel 4—P
That portion of the North half of the North half of section 17,
SCHEDULE ‘tA°—Page 1
Township 3 South,Han~e 10 vest,S.B.B.&~.in the Rancho Los Coyotei
city of La Habra,county of Orange,state of California,as said.
section is shown on a map reoorded.in Book 51,page 7 of &iscellaneouE
h~aps of said.Orange County,described as follows:
The South 20 feet of the North 50 feet of the North half of the
North half of said section 17.
Excepting therefrom the East 445.42 feet and the West 2042.31
feet thereof.
Paroel 5-P
The South 20 feet of the North 50 feet of the following deecribe~
property:
That portion of the North half of the Northwest quarter of Bec—
tion 16,and that portion of the North half of the Northeast quarter
of section 17,all in Township 3 South,Range 10 West,partly in the
Ranoho La Habra,and partly in the Ranoho San Juan Cajon de Santa Ana,
in the city of LaHabra,county of Orange,state of California,as
said section is shown on a map recorded in book 51,page 7,of
1~isoe11aneous i~aps,in the office of the county recorder of said count
described as follows:
Beginning at a point in the North line of said section 17,distar~
thereon South 89°09’31”East 481+1.60 feet from a spike set in the
pavement marking the Northwest corner of said section 17,said point
of beginning being at the Northeast corner of the land.described in
the deed to Henry H.Soblueter and others,recorded December 11,1947
in book 1610,page 36 of Official Records;thence South 89°09’31”
East along said North line 445.42 feet,more or less,to a spike and
tin set in the pavement to mark the Northeast corner of said section
17;thence South 89°08’12”East,along the North line of said sectic
16,1186.90 feet,more or less,to the Northwest corner of the land
described in deed to Los Angeles University of Applied Education,
recorded 1v~ay 8,1947 in book 1521,page 251+of Official Records;
thence South 00 47~15”West along the Westerly line of the land
described in said last mentioned deed 1321.33 feet to the Southerly
SCHEDULE “A”—Page 2
line of the North half of the Northwest quarter of said seotion 16
and,the Northerly line of Tract No.1048,as shown on a map recorded
in book 34,pages 17,18 and 19 of 1~Li.scellaneous 1~aps,records of
Orange County,California;thence North 89°07’33”West along said
last mentioned line 1189.98 feet,more or less to a 4”by 4”post
set in concrete at the most Northwesterly corner of said Tract No.
1048,said corner also being a corner of Tract No.64,as shown on a
map recorded ~.n book 10,page 11+of Miscellaneous i~aps,records of
Orange County,California;thence North 89°07’33”.West along the
Southerly line or the North half 01’the Northeast quarter of said
section 17 and the Northerly line of said Tract No.64,443.36 feet,
more or less to the Southeast corner of said land of Henry H.Sohluete
and others;thence North 00 49’40”East along the Easterly line of
said land of Henry Sohlueter and others,1320 feet,more or less to
the point of beginning.
Parcel 6—P
The South 20 feet of the North 50 feet of the following desoribed
property:
That portion of the North half of the Northwest quarter of
section 16,Township 3 South,Range 10 West,in the Rancho San Juan
Cajon de Santa Ana,in the city of La Habra,county of Orange,state
of California,as per map recorded in book 51,page 7 of ~isce1laneous
ILaps,in the Office of the county recorder of said county,described
as follows:
Beginning at a point on the Northerly line of said Northwest
quarter,South 89°08’12”East,1189.50 feet from the Northwest come
of said North half of the Northwest quarter of section 16;thence
South 0~49’5O~West,492.33 feet;thence South 89°10’10”East,
93.00 feet;thence South ~O ~50”West,18.00 feet;thence South
89°10’10”East,327.21 feet;thence North 14°53’40”West,23.95
feet;thence North 750 06’23”East,102.47 feet to the Southwesterly
line of The Pacific Electric Railway Corpany right of way,as de
scribed.in Interlocutory Decree of Condemnation,a certified copy of
SCHEDULE “A”—Page 3
which was recorded 1~arch 8,1917 in book 300,page i~5 of Deeds;
thence North 1L~°531 37U West L~77.l3 feet along said Southwesterly
line to the said Northerly line;thence North 89°08’12”West,
365.97 feet to the point of beginning:
Said land 3.s shown on a map filed in book 18,page 10 of Records
of Surveys,in the office of the county recorder of said county.
Parcel 7—P
The South 20 feet of the Nrth 50 feet of that portion of the
North half of the Northwest quarter of section 16,Township 3 South,
Range 10 West,in the Rancho San Juan Cajon de santa Ana,in the
city of La Habra,county of Orange,state of California,as per map
recorded in book 51 page 7 of i~.1soellaneous i~Laps,in the office of
the county recorder of said county,lying within that certain Pacific
Electric Railway Company right of way as described in Interlocutory
Decree of Condemnation,a certified copy of which was recorded I~arch
8,1917 in book 300,page lL~5 of Deeds,records of said.Orange County.
Parcel 8—P
The South 20 feet of the North 50 feet of the following described
property:
That portion of the North half of the Northwest quarter of
section 16,Township 3 South,Range 10 West,in the Ranoho San Juan
Cajon de Santa Ana,in the city of La Habra,county of Orange,state
of California,as said sectthn is ebown on a map recorded in book 51,
page 7 of h~isce11aneous haps,in the office of the county recorder
of said county,described as follows:
Beginning at a point on the North line of said section,distant
North 89°08’12”West,250.00 feet from a bolt in the pavement c~arkin~
the Northeast corner of the North’~est quarter of said section 16,
said,point being on the center line of Imperial Highway;thence South
00 51’35”West 368.00 feet along the Easterly line of the land
described.as parcel 2 in the deed to Arthur A.Schultz and wife,
recorded.Deoember 17,1943 in book 1216,page 263 of Official Records;
thenoe North 89°08’l2It West,630.34 feet to the Northeasterly line
SCHEDULE “A”-Page 4
of The Pacific Electric Railway Company right of way;thence North
14°53~37”West 382.37 feet along the Northeasterly line of the
Pacific Electric Railway Company right of way to the center line of
Imperial Highway;thence South 89°08’12”East 734.05 feet along
the center line of Imperial Highway to the point of beginning.
Parcel 9—P
The South 20 feet of the North 50 feet of the ‘ilest 55 feet of
the following described property:
That portion of the North one—half of the Northwest quarter of
section 16,in Township 3 South,Range 10 West,in the Rancho San
Juan Cajon de Santa Ana,in the city of La Habra,county of Orange,
state of California,as shown on a map thereof recorded in book 51,
page 7 et seq.,of 1~~iscellaneous Iv.aps,in the office of the county
reoorder of said county,described as follows:
Beginning at a bolt set in the pavement marking the Northeast
oorner of the North one—half o±~the Northwest quarter of said seotion
16;thence along the north line of said section 16,North 89°08’12”
West 250 feet;thenoe South ~0 51’35”West 240 feet;thence South
89°08’12”East 250 feet,more or less,to a point in the east line
of the North one—half of the Northwest quarter of said section 16;
thence along said East line North 00 51’35”Eaet 240 feet to the
point of beginning.
SCH~ULE “A”—Page 5
SCHEDULE IIBU
TE~0R~RY EAS~ENTS
Parcel l—T
The South 40 feet of the North 91 feet,excepting therefrom the
feet-and
West 261.93/thereot,/the South 40 feet of the North 11].feet of the
West 301.93 feet,of the following described property:
The West half of the Northwest quarter of the Northeast quarter
of section 18,Township 3 South,Range 10 West,in the Rancho Los
Coyotes,partly in the city of La Habra,all in the county of Orange,
state of California,as per map recorded in book 51,page 7 of
J~iisoel1aneous Maps,in the office of’the county recorder of said
oounty.
aa~d land ie included within the area shown on a map of Traot
No.64 recorded in book 10,page 14 of said Miscellaneous Maps.
Parcel 2—T
That portion of Section 18,Township 3 South,Range 10 West,
S.B.B.&M.in the city of La Habra,county of Orange,state of
California,as per map of Tract No.64 recorded in book 10,page 14
of MiBoellaneous Maps of said Orange County,described as follows:
The South 40 feet of the North 90 feet of the Northeast quarter
of the Northeast quarter and of the East half of the Northwest quarter
of the Northeast quarter of said Section 18.
Parpel 3—~T
That portion of the North i~ialf of the North half of section 17,
Township 3 South,Range 10 West,in the Rancho Los Coyotes,city of
La Habra,county of Orange,state of California,as said section is
ehown on a map recorded in book 51,page 7 of i4soellaneous Maps,
in the office of the county recorder of said County,described as
follows:
The South 40 feet of the North 90 feet of the West 2042.31 feet
of the North half’of the North half of said section 17.
Parcel 4—T
That portion of the North iialf of the North half’of section 17,
SCHEDULE “Be —Page 1
Township 3 South,Range 10 West,S.B.B.&lv.in the Rancho Los Coyotes
city of La Habra,county of Orange,state of California,as said seo—
tion is shown on a map recorded in Book 51,page 7 of b~iscel1aneous
lv.ape of said Orange County,described as follows:
The South 40 feet of the North 90 feet or the North half’of the
North half of said section 17.
Excepting therefrom the East 4Li.5.42 feet and the West 2042.31
feet thereof.
Also,exceptin~therefrom the South 25 feet of the North 90 feet
of the West 130 feet of the East 1997.91 feet of the said North half
of the North half of section 17.
Parcel 5—T
The South 40 feet of the North 90 feet of the following described
property:
That portion of the North half of the Northwest quarter of
section 16,and that portion of the North half of the Northeast
quarter of section 17,all in Township 3 South,Range 10 West,partly
in the Rancho La Habra,and partly in the Rancho San Juan Cajon de
Santa Ana,in the city of’La Habra,county of Orange,state of
California,as said section is shown on a map recorded in book 5].,
page 7 of iv.iscellaneous I\~aps,in the office of the county recorder
of said county,described as follows:
Beginning at a point in the North line of said section 17,
distant thereon South 89°09’31”East 4841.60 feet from a spike
set in the pavement marking the Northwest corner of’sEi.d section 17,
said point of beginning being at the Northeast corner of the land
described in the deed to Henry H.Sch].ueter and others,recorded
December 11,1947 in book 1610,page 36 of Official Records;thence
South 89°09’31”East along said North line 445.42 feet,more or
less,to a spike and tin set in the pavement to mark the Northeast
corner of’said section 17;thence South 890 08’12”East,along the
North line of said section 16,1186.90 feet,more or less to the
Northwest corner of the land described in deed to Los Angeles
SCHEDULE “B”-Page 2
University of Applied Education,recorded Iv~ay 8,1947 in book 1521,
page 254 of Official Reoorde;thence South 00 47’l5~West along the
Westerly line of the land described in said last mentioned deed
1321.33 feet to the Southerly line of the North half of the North
west quarter of said section 16 and the Northerly line of Tract No.
1048,as shown on a map reoorded in book 34,pages 17,18 and 19
of iv.iscellaneoue 1u~aps,records of Orange County,California;thence
North 89°07’33”West along said last mentioned line 1189.98 feet,
more or less,to ~4~I by 4”post set in concrete at the most North
westerly corner of said Tract No.1048,said corner also being a
corner of Tract No.64,as shown on a map recorded in book 10,page
14 of Lisoellaneous 1v~aps,records of Orange County,California;thence
North 890 07’33”West along the Southerly line of the North half of
the Northeast quarter of said section 17 and.the Northerly line of
said Tract No.64,443.36 feet,more or less,to the Southeast oorner
of said land of Henry H.Schlueter and others;thence North O°49’40”
East along the Easterly line of said land of Henry Sohlueter and.other~
1320 feet,more or less,to the point of beginning.
Parcel 6—T
The South 40 feet of the North 90 feet of the following described
property:
That portion of the North Half of the Northwest quarter of
section 16,Township 3 South,Range 10 West,in the Rancho San Juan
Cajon de Santa Ana,in the city of La Habra,county of Orange,state
of California,as per map recorded in book 51,page 7 of iv~isoe1laneous
ItLapa,in the office of the county recorder of said county,described
as follows:
Beginning at a point on the Northerly line of said Northwest
quarter,South 89°08’12”East,1189.50 feet from the Northwest cor
ner of said North half of the Northwest quarter of section 16;thence
South 00 49’50”West,492.33 feet;thence South 89°10’10”East,
93.00 feet;thence South 00 49~50”West,18.00 feet;thence South
89°10’10”East,327.21 feet;thence North 14°53’40”~!eet,23.95
SCHEDULE “B”—Page 3
feet;thence North 750 06’23”East,102.47 feet to the Southwesterly
line of the Pacific Electric Railway Cci~any right of way,as describec
in Interlocutory Decree of Condemnation,a certified copy of which
was recorded March 8,191?in book 300,page 145 of Deeds;thence
North 14°53’37”West 477.13 feet along said Southwesterly line to
the said Northerly line;thence North 89°08’12”West,365.97 feet
to the point of beginning.
Said land is shown on a nap filed in book 18,page 10 of Records
of Surveys,in the office of the county recorder of said county.
Parcel 7—T
The South 40 feet of the North 90 feet of that portion of the
North half of the Northwest quarter of section 16,Township 3 South,
Range 10 West,in the Rancho San Juan Cajon de Santa Ana,in the city
of La FIabra,county of Orange,state of California,as per map recorded
in book 51,page 7 of hisoellaneous Maps,in the office of the county
recorder of said county,1yin~within that certain Pacific Electric
Railway Company right of way as described in Interlocutory Decree of
Condemnation,a certified copy or whic~i was recorded March 8,1917 in
book 300,page 145 of Deeds,records of said Orange County.
Parcel 8—T
The South 40 feet of the North 90 feet of the following described
property:
That portion of the North half of the Northwest quarter of seotior
16,Township 3 South,Range 10 West,in the Rancho San Juan Cajon de
Santa Ama,in the city of La Habra,county of Orange,state of
California,as said section is shovin on a map recorded in book 51,
page 7 of Miscellaneous haps,in the office of the county recorder
of said county,described as follows:
Beginning at a point on the North line of said section,distant
North 89°08’12”West,250.00 feet from a bolt in the pavement
marking the Northeast corner of the Northwest quarter of said section
16,said point being on the center line of Imperial Highway;thence
South 00 51’35”West 36a.0O feet along the Easterly line of the land
SCHEDULE “B”—Page 4
desoribed.as parcel 2 in the.deed to Arthur 1~..Schultz and wife,
reoord.ed December 17,19143 in book 1216,page 263 of Official Records
thence North 89~08’12”West,63O.3J.~.feet to the Northeasterly line
of the Paciflo E1eotr~o B&iJ..w.ay Company right of way;thence North
]J.~0 53~37’West 382.37 feet along the Northeasterly line of the
Paoific Electric Railway Company right of way to the center line of
Imperial Highway;thence South 89°08’12”East 73~.O5 feet along the
center line of Imperial Highway to the point of beginning.
Excepting therefrom the South 25 feet of the North 90 feet of
the west 170 feet of the East 260 feet thereof.
Parcel 9—T
The South L~.0 feet of the North 90 feet of the West 55 feet of
the following described’.prcperty~
That portion of the North one—half of the Northwest quarter
of section 16,in Township 3 South,Range 10 West,in the Ranoho
San Juan Cajon de Santa Ana,in the o~ty of La Habra,county of
Orange,state of California,as shown on a map thereof recorded in
book 51,page 7 et seq.,of IV~iscellaneous I~L&pe,in the office of
the county recorder of said county,described as follows:
Beginning at a bolt set in the pavement marking the Northeast
corner of the north one—half of the Northwest quarter of said section
16;thence along the north line of said section 16,North 89°08’12°
West 250 feet;thence South 0°51’35”West 2L1~0 feet;thence South
89°08’1211 East 250 feet,more or less,to a point in the East line
of the North one—half cf the Northwest quarter of said section 16;
thence along said east line North 00 51’3511 East 2Li~0 feet to the
po~.nt of beginning.
SCH~ULE “B”—Page 5
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 autnorizeö.,
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 im~ediate possession of easements and rights of way
to the District.
The above and foregoing Resolution No.703—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 9th day of September,1959.
~6”~~
Ora 1~ae 1V~erritt,Secretary of the
Board of Directors of County Sani
tation District No.3 of Orange
County,California
STATE OF CALIFORNLk~)
)Cs
COUNTY OF ORANGE )
I,ORA 1v~E iv~ERRITT,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.703—3 was
regularly passed and adopted at a regular meeting of said Board on
the 9th day of September 1959,by the following roll call vote,to wit:
AYES:Directors Roward M.Cornwell,Thomas Baro].di,Herbert
Cook,John R.1~unham,Glenn G.Fry,Paul C.Furman,
Earl T.Irby,Jim Kanno,W.A,MacKinnon,Frank J.
Schweitzer,Jr.,Walter W.Walker and Willis H.Warner
NOES:Directors None
ABSENT:Director William R.Effinger
INTW~TNESS WHEREOF,I have hereunto set my hand and affixed
the offibial seal of County Sanitation District No.3 of Orange
County,Ca1if~rnia,this 9th day of September 1959.
~~-,
Ora 1V~ae iV~erritt,Secretary of the
Board of Directors of County
Sanitation District No.3 of
Orange County,California
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