HomeMy WebLinkAboutResolution 1959 - 0764RESOLUTION NO.76~-3
A RESOLUTION OF THE BOARD OF DIRECTORS CF
COUNTY SANITATION DISTRICT NO.3 OF ORi~NGE
COUNTY C~LIFCRNIA,AUTHORIZING AND DIRECTING
THE ÔONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE
STATE OF CALIFORNIA
(3-8)
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 Qrange 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 maintenance by said County Sanitation District of certain
public improvements,to wit:A sanitary sewer and all faci
lities and appurtenances necessary or incidental thereto in
cluding 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 disposthg 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 Cali
fornia,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
situated in the County o~Orange,State of C8iifoinia,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
—1—
way above described and necessary to be acquired shall be ac
quired subject to the rights of the owners,their successors
and assigns,to use the surface of the land within the bourthry
lines of such easements and rights of way to the extent com
patible 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 con
structed 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 ~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 pjpeline or pipelines or other works,to
—2—
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 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 des—
cribed.
Section 6.That the Board of Directors of County Sanita
tion 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,Suite 204,
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4
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.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 Sani
tation 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 7.That the Auditor of the District is au
thorized,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 No0 762+_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
December,1959.
Oralae Merritt,Secr~ary of the
Board of Directors of County Sani
tation District No.3 of Orange
County,California
STATE OF CALIFORNIA
SS
COUNTY OF ORANGE
I,ORA M~.E MERRITT,Secretary of the Board of Directors
of County Sanitation District No.3 of Orange County,Cali
fornia,do hereby certify that the above and foregoing Resolu
tion No.76LI~3 was regularly passed and adopted at a regular
meeting of said Board on the 9th day of December,1959,by
the following roll call vote,to wit:
AYES:Directors Howard M.Coznweli,Her~e*t Cook,
John R.Dunham,Glenn G.Fry,
Paul C.Furman,Earl T.Irby,
Robert Wardlow,Frank 3.Schweitzer,Jr.,
Walter W.Walker and Willis H.Warner’
None
Thomas Baroldi,W.A.MacI(tnnón
and John V.Stecko
i-N’WL~ESS;WHEREOF,Ihävé héreui~to set my hand and
afUxed~the ofliciã.~1 séál Of County Sanitation District No.3
of Orange County,Califor~nia~this 9th day of December,1959.
~i~J —7~~
Ora iTae ~1erfitt,Secre~ry ot tEI~
Board of Directors of County Sani
tation.District No~3 of Orange
County,California
NOES:
ABSENT:
Directors
Directors
.
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SCHEDULE “A”
PERMANENT EASEMENTS
Parcel 1-P
The Westerly 15 feet of the Southeast one—quarter of
Section 8,Township 4 South,Range 11 West,Rancho Los
Coyotes recorded in Miscellaneous Maps,Book 51,page 11,in
the office of the Recorder of said Orange County,which
Westerly 15 feet was reserved for construction of a public
sewer line in Resolution No.92 of the city of Cypress,dated
June 22,1959,vacating a portion of Denni Street.
Parcel 2-P
That portion of the Easterly 20 feet of the Westerly 4~o
feet of Chestnut Street lying northerly of the South line of
the Northerly 10 feet of Sausalito Street and southerly of
the Northerly line of the Southerly 10 feet of Cerritos Avenue,
as said streets are shown upon a map recorded in Book 10,
page 32 of Records of Survey in the office of the Recorder
of Orange County,California.
Excepting therefrom that portion within the Pacific
Electric Railway right of way shown as Southern Pacific
Railroad Company right of way on said Record of Survey.
Parcel 7-P
The Easterly 20 feet of the Westerly 40 feet of that
portion of Chestnut Street,80 feet in width,lying within that
certain Pacific Electric Railway right of way recorded as the
Southern Pacific Railroad Company right of way lying north of
Sausalito S~treet and south of Cerritos Avenue,as said Street
arid right of wayare shown on a map recorded in Book 10,page
32 of Records of Survey,in the office of the Recorder of
Orange County,California.
Parcel 10-P
The Westerly 15 feet of the Northwest one—quarter of the
SCHEDULE “A”(Page 1)
Northeast one—quarter,Section 8,Township 4 South,Range 11
West,Rancho Los Coyotes,recorded in Miscellaneous Maps,
Book 51,page 11 in the office of the Recorder of Orange
County,C-lifornia,lying within that certain Los Angeles
Inter—Urban Railway right of way lying north of Crescent
avenue and south of La Palma Avenue as said Railway and
right of way are described in Deed recorded September 8,
1905,in Book 122,page 188 of Deeds.
p~rcel 12—P
That portion of the West one-half of Section 31,Town
ship 4 South,Range 11 West,Rancho Los Alamitos,in the
County of Orange,State of California,as per map filed in
and made a part of the Decree of Partition of the Superior
Court of Los Angeles County in Case No.68582,a copy of
which was recorded March 18,1910,in Book 177,page 337,
of.Deeds,records of said Orange County,described as
follows:
Beginning at the Southeast corner of Lot 265 of
Tract No.3224,as shown on a map thereof recorded in
Book 106,pages 21 through 29,of Miscellaneous Maps
in the office of the Recorder of said County,and
running thence South 0~11’30”West along the
southerly extension of the West line of Los Alamitos
Boulevard (99 feet wide,as shown on said Map)156.48
feet to the beginning of a non—tangent curve,the
radius point of which bears North 790 25’44”West 550
feet;thence southwesterly along said curve 500.14 feet
through a central angle of 52~06’08”to the beginning
of a tangent line;thence South 62°40’24”West
1641.63 feet;thence South 27~19’36”East 30.00 feet;
thence North 62°40’24”East 1841.15 feet;thence North
23~06’23’~East 272.79 feet to the West line of Los
Alamitos Boulevar’d (80 feet wide);thence North 0°ll’30”
East along said West line to the easterly extension of
the South line of said Lot No.265;thence North
89°49’10”West along said extension 19.00 feet to the
point of beginning.
SCHEDULE “A”(Page 2)
SCHEDULE “B”
TEMPORARY EASE~TNTS
E~Lcel l—T—1
That portion of the Easterly 15 feet of the Southwest
one—quarter of said Soction 8 1yin~southerly of the Orange
County Flood Control District Channel right of way.
Excepting that portion within the right of way of
Lincoln Avenue.
P~icel 1—T—2
That portion of the Easterly 10 feet of said Southwest
one-quarter lying northerly of said Orange County Flood
Control Channel.
Excepting that portion within the right of way of
Crescent Avenue.
Parcel l—T—3
The Easterly 1+0 feet of the Westerly 55 feet of said
Southeast one-quarter.
Excepting that portion within the right of way of
Crescent Avenue,Lincoln Avenue,and said Orange County Flood
Control District right of way.
parcel 2-T
That portion of the Westerly 20 feet of Chestnut Street
lying northerly of the South line of the Northerly 10 feet of
Sausalito Street and Boutherly of the Northerly line of the
Southerly 10 feet of Cerritos Avenue,as said streets are
shown upon a map recorded in Book 10,page 32 of Records of
Survey in the office of the Recorder of Orange County,
California.
Excepting therefrom that portion within the Pacific
Electric Railway right of way shown as Southern Pacific Rail-
SCHEDULE “B”(Page 1)
road Ccnapar~y right of way on said Record of Survey.
~1_3-T
That portion of the Easterly 40 feet of Chestnut Street
lying northerly of the South line of the Northerly 10 feet of
Sausalito Street and southerly of the westerly extension of
the North line of Lot 11,Block 13,as said Lot,Block and
Street are all shown on a map recorded in Book 10,page 32,
of Records of Survey,in the office of the Recorder of Orange
County,California.
Parcel 4-T
The Easterly 40 feet of Chestnut Street bounded southerly
by the westerly extension of the South line of Lot 10,Block
13,and northerly by the Southerly line of the Pacific
—
Electric Railway right of way shown as Southern Pacific Rail
road Company right of way,as said Lot,Block,Street and
right of way are all shown on a map recorded in Book 10,
page 32 of Records of Survey in the office of the Recorder of
Orange County,California.
Parcel 5-T
The Easterly 40 feet of Chestnut Street,bounded souther
ly by the Pacific Electric Railway right of way,shown as
Southern Pacific Railroad Company right of way,and northerly
by the westerly extension of the North line of Lot 5,Block
13,as said Lot,Block,Street and right of way are shown on
a map thereof recorded in Book 10,page 32 of Records of
Survey,in the office of the Recorder of Orange County,
California.
Parcel 6—T
That portion of the Easterly 40 feet of Chestnut Street,
bounded on the north by the N0rth line of the South 10 feet of
Cerritos ‘kvenue,and on the south by the westerly extension of
the N0rth line of Lot 5,Block 13,as said Lot,.Block,and
Street are shown on a map recorded in Book 10,page 32,of
SCHEDULE ~BIV (Page 2)
Records of Survey,in the office of the Recorder of Orange
County,California.
Parcel 7—T
The Westerly 20 feet and the Easterly ~4’0 feet of the
following described portion of Pacific Electric Railway
right of way:
That portion of Chestnut Street,80 feet in width,lying
within that certain Pacific Electric Railway right of way
recorded as the Southern Pacific Railroad Company right of
way lying north of Sausalito Street and south of Cerritos
Avenue,as said Street and right of way as shown on a map
recorded in Book 10,page 32 of Records of Survey,in the
office of the Recorder of Orange County,California.
Parcel 8—T
The Easterly 50 feet of the Westerly 65 feet of the
Southwest one—quarter,Northeast one—quarter of Section 8,
Township 14~South,Range 11 West,Rancho Los Coyotes recorded
in Miscellaneous Maps,Book 51,page 11 in the office of the
Recorder of Orange County,C~lifornia,in the City of Cypress.
Excepting that portion within the right of way at
Crescent Avenue.
Parcel 9-T
The Easterly 50 feet of the Westerly 65 feet of that
portion of the Northwest one—quarter of the Northeast one—
quarter,Section 8,Township 14~South,Range 11 West,Rancho
Los Coyotes recorded in Miscellaneous Maps,Book 51,page 11
in the office of the Recorder of Orange County,California in
the city of Cypress,lying southerly of the Los Angeles Inter
Urban Railway right of way,100 feet in width,recorded
September 8,190.5 in Book 122,page 188 of Deeds.
Parcel lO—T—l
The Easterly 30 feet of the Westerly ~4~5 feet of the
SCHEDULE 1’B”(Page 3)
Northwest one—quarter of the Northeast one—quarter,Section
8,Township L~South,Range 11 West,Rancho Los Coyotes,re
corded in Miscellaneous Maps,Book 51,page 11 in the office
of the Recorder of Orange County,California,lying within
that certain Los Angeles Inter-Urban Railway right cf way
lying north of Crescent Avenue and south of La Palma Avenue
as said Railway and right of way are described in Deed record
ed Septetnber 8,1905,in Book 122,page 188 of Deeds.
Parcel 10—T—2
The Easterly 30 feet of the Northeast one—quarter of the
Northwest one-quarter,Section 8,Township L~South,Range 11
West,Rancho Los Coyotes,recorded in Miscellaneous Maps,
Book 51,page 11 in the office of the Recorder of Orange
County,California,lying within that certain Los Angeles
Inter-Urban Railway right of way lying north of Crescent
Avenue and south of La Palma as said Railway and right of
way are described in Deed recorded Septenther 8,1905,in
Book 122,page 138 of Deeds.
~~cel il—T
That portion of the Easterly 50 feet of the Northeast
one—quarter of the Northwest one—quarter,Section 8,Township
4 South,Range 11 West,Rancho Los Coyotes recorded in Mis
cellaneous Maps,Book 51,page 11 in the office of the Re
corder of Orange County,California,in the city of Cypress,
lying northerly of the Los Angeles Inter-Urban Railway,90
feet in width,recorded Novetnber 14,1905,in Book 122,
page 220 of Deeds.
SCHEDULE “B”(Page 4)
Parcel 12-T
A strip of land 50 feet in width,the Northwest line of
which is identical with the Southeast line of the following
described parcel:
Beginning at the Southeast corner of Lot 265 of
Tract No.3224,as shown on a ~ap thereof recorded in
Book 106,pages 21 through 29,of Miscellaneous Maps
in the office of the Recorder of said County,and
running thence South 00 11’30”West along the
southerly extension of the West line of Los Alamitos
Boulevard (99 feet wide,as shown on said Map)156.48
feet to the beginning of a non—tangent curve,the
radius point of which bears North 790 25’44”1iest 550
feet;thence southwesterly along said curve 500.14 feet
through a central angle of 52~06’08”to the beginning
of a tangent line;thence South 62°40’24”West
1641.63 feet;thence South 27~19’36’~East 30.00 feet;
thence North 62°40’24”East 1841.15 feet;thence North
23~o6~23”East 272.79 feet to the West line of Los
Alamitos Boulevard (80 feet wide);thence North 0°l1’30”
East along said West line to the easterly extension of
the South line of said Lot No.265;thence North
89°49’10”West along said extension 19.00 feet to the
point of beginning.
SCHEDULE “B”(Page 5)