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HomeMy WebLinkAboutResolution 1960 - 0777•RESOLUTION NO.777-7 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY, CALIFORNIA,AUTHORIZING AND DIRECTING THE CONDEI~ NATION OF CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE,STATE OF CALIFORNIA The Board of Directors of County Sanitation District No.7 ~f Orange County,California,resolves as follows: Section 1.That the Board of Directors of County Sanitation District No.7 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 forth In Section 1 hereof,is situated In the County of Orange,State of California,and Is more particularly described on Schedule ITA~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 —1— 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 4.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 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 Board of Directors of County Sanitation District No.7 of Orange County,California,hereby declares its —2-. 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 20L~,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.7 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 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.7 of Orange County,Calif ornia,to take immediate possession and use of said real property for the uses and purposes herein described. Section 6.That the aforesaid 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 Baid Court may direct and for an order permitting County Sanitation District No.7 of Orange County,California to take immediate possession and use of the real property described in Resolution 6)46-7 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 Nlsson,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 No.777-7 was regularly passed and adopted by the Board of Directors of County Sanitation —3— District No.7 of Orange County,California,at a regular meeting of said Board held on the 13th day of January,1960. Fred A.Harper Secretary pro-tern of the Board of Directors of County Sanitation District No.7 of Orange County, Calif ornia STATE OF CALIFORNIA 88 COUNTY OF ORANGE I,Fred A,Harper ,Secretary pro-tern of the Board of Directors of County Sanitation District No,7 of Orange County, California,do hereby certify that the above and foregoing Resolu tion No.777-7 was regularly passed and adopted at a regular meeting of said Board on the 13th day of January,1960,by the following roll call vote,to wit: AYES:Directors Jerome Kidd,Charles E.Hart,A.Allen Hall, Rex A.Parks,A~.H.Meyers and C.M.Featherly NOES:Directors none ABSEN~r:1 ~Directors none IN ~ITNE-SS WHEREOF,I have hereunto set my hand and affixed t-he officiäl~~eai of County Sanitation District No.7 of Orange County,,California,this 13th day of January,1960. P1~TFA.Harp eF Secretary pro-tern of the Board of Directors of County Sanitation District No.7 of Orange County, Cal if o rn I a -4- “SCHEDULE A” Parcel 0 The easterly 20 feet of Lot 1,Berry Rancho per map recorded in Book 9,page 7 of Miscellaneous Records of Los Angeles County,California. Parcel P The westerly 20 feet of Lot 5,Block C,Berry Tract per map recorded in Book 9,page 6,of Miscellaneou8 Records of Los Angeles County,California,lying southerly of Gisler Avenue. SCHEDULE “A”