HomeMy WebLinkAboutResolution 1959 - 0719RESOLUTION NO.719-3
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SAEITATION DISTRICT NO.3 OF ORANGE
COUNTY.CALIFORNIA,AUTHORIZING AND DIRECT
ING THE CONDEMNATION OF CERTAIN NEAL
PROPERTY SITUATED IN THE COUNTY OF ORANGE
STATE OF CALIFORNIA
The Board of Directors of County Sanitation District No.3
of Orange County,California,resolves as followsr
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 use the acquisition,construction,
completion,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 including manholes,measuring devices,pumping stations
and other structures 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
purposes set fnrth in Section 1 hereof,is situated in the County
Orange,State of ~a1ifoFnia,and is more pErticularly described
as follows,to wit:
—1—
A temporary easement to provide 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,and for
road purposes,in aid of the constr1~ction of the trunk sewer or
sewers of the District in ‘~‘7intersburg Avenue adjoining that real
property,the subject of this easement,which is described as
follows:
Parcel 1 The N0rtherly 75 feet of the Southerly 105
feet of the East one-half,except the Easterly 241 •feet
thereof,of the Southeast quarter of the Southwest
quarter of Section 24,Township 5 South,Range 11 West,
in the Rancho Las Bolsas,as shown on a map recorded in
Book 51,Page 13 of Miscellaneous Maps,records of Orange
County,California.
A temporary aerial easement to provide an area in which
to swing cranes and above-ground and overhead equipment in aid
of the construction of the trunk sewer or sewers of the District
in Wintersburg Avenue adjoining said property.The real property
over which said temporary aerial easement is required is des
cribed as follows:
Parcel 2 The Northerly 45 feet of the Southerly 75 feet
of the Westerly 221 feet of the Easterly 241 feet of the
East one-half of the Southeast quarter ofthe Southwest
quarter of Section 24,Township 5 South,Range 11 West,
in the Rancho Las Bolsas,as shown on a map recorded in
Book 51,Page 13 of Miscellaneous Maps,records of Orange
County,California.
The aforesaid 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 six months,
The District on or before the expiration of the dates of
said temporary easements will redeliver possession of the whole
area included within the hereinabove-described temporary ease
ments 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.
—2—
Section 3.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,Suit 204,106 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
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
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.3 of Orange County,California,to take immediate possession
and use of said real property for the uses and purposes herein
described.
Section 4.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 to be deposited upon order
of the Court granting immediate possession of easements and rights
of way to the District.
—3—
The above and foregoingResolution No.7l9~3 was regularly
passed and adopted by the Board of Directors of County Sanitation
District No..3 of Orange County,California,at a regular adjourned
meeting of said Board held on the 23rd day of September,1959.
Ora Mae Merritt,Secretary of the
Board of Directors of
County Sanitation District No.3
STATE OF CALIFORNIA)Of Orange County,California
85
COUNTY OF ORANGE )
I,OR.A 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.719-3
was regularly passed and adopted by the Board of Directors of
County Sanitation District No.3 of Orange County,California,at
a regular adjourned meeting of said Board held on the 23rd day
of September,1959 by the following roll call vote,tq wit:
AYES:Directors Howard M.Cornwell,Thomas Baroldi,
Herbert Cook,John R.Dunham,Glenn G.Fry,
Paul C.Furman,Earl T.Irby,Robert Wardlow
Frank J.Schweitzer,Jr.,Walter W.Walker
and Willis H.Warner
NOES:Directors None
ABSENT:Directors W.A.MacKinnon and William R.Effi.nger
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
the official seal of County Sanitation District No.3 of Orange
County,California,this 23rd day of September,1959.
Ora Mae Merritt,Secretary of the
Board of Directors of
County Sanitation.District No.3
Of Orange County,California
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