HomeMy WebLinkAboutResolution 1960 - 0816RESOLUTION NO.816-7
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7 OF ORANGE
COUNTY,CALIFORNLA,AUTHORIZI~TG AND DIRECTING
THE CONDE~ATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE,STATE OF
CALIFORNIA
(7—1)
The Board of Directors of County Sanitation District No.7 of
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 determined,
and hereby does find and determine,that the public interest and
necessity require for public use the acquisition,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 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 “B”attached hereto and made a part hereof as though
set out in full herein.
Section 3.That the temporary easements and rights of way to
be acquired shall include and extend for the duration indicated as
follows:
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(a)Temporary easements for road purposes and 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,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 described.
Section 4.That the Board of Directors of County Sanitation
District No.I 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 204,106 West Fourth Street,Santa Ana,
California,be and it is hereby authorized and directed to co~nence
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.7 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 prosecu
ted in accordance with the provisions of law applicable thereto.
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That said attorneys are authorized and instructed to make applica
tion 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,
California,to take immediate possession and use of said real
property for the uses and purposes herein described.
Section 5.That with reference to action No.83070 filed by
the aforesaid attorneys for the District,authorized by Resolution
No.777-7,said attorneys are authorized and instructed to make
application to the Court;said action 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,California to take immediate possession and use
of the real property described in Resolution No.777-7 of the
District and sought to be condemned pursuant to action No.83070
now pending in the Superior Court of the State of California in and
for the County of Orange for the uses and purposes described in
said Resolution No.777-7.
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Section 6.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 C’lerk of the
County of Orange such sum or stuns 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 described in this resolution and Resolution
No.777—7.
The above and foregoing Resolution No.816-7 was regularly
passed and adopted by the Board of Directors of County Sanitation
District No.7 of Orange County,California,at a regular meeting
of said Board held on the 13th day of April,1960.
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~Fred A.Itarper,Secretary pro tern of the
Board of Directors of County Sanitation
District No..7 of Orange County,
California
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SCHEDULE B~
TEMPORARY EASEMENTS
Parcel FF
That portion of the Berry Tract per map recorded in Book
9,page 6,Miscellaneous Records of Los Angeles County,
California described as follows:
Beginning at the intersection of the North line of said
Tract with the East line of the Orange County Flood Control
right of way described in Book 1950,page 109,Official Records
of Orange County,California and running thence southerly
along said East line 70.00 feet;thence easterly parallel
with said North line to the East line of Lot 1,Block D of
said Tract or the northerly extension thereof;thence
northerly on last mentioned east line and northerly extension
to said North Tract line;thence westerly along said North
line to the point of beginning,except the Northerly 20.00
feet thereof.
Parcel CC
The Southerly 50 feet of the Northerly 70 feet of Lot 4,
Berry Rancho,per map recorded in Book 9,page 7 of Miscellaneous
Records of Los Angeles County,California,except the Westerly
33 feet thereof.Also,except therefrom the Southeasterly 50
feet included within the State Highway.
Parcel RH
The Southerly 50 feet of the Northerly 70 feet of the
Westerly 30 feet of Lot 4,Berry Rancho,per map recorded in
Book 9,page 7 of Miscellaneous Records of Los Angeles County,
California.
Parcel II
That portion of Lots 2,3,4,5 of Block D,the unnamed
Street lying northerly of and adjacent to said Lots and the
unnamed Street lying westerly of said Lot 5,all as shown on
SCHEDULE ~(Page 1)
a map of the Berry Tract per map recorded in Book 9,
page 7 of Miscellaneous Records of Los Angeles County,
California described as follows:
Beginning in the West line of the Orange County Flood
Control District right of way described in a deed recorded
in Book 1950,page 109,Official Records of Orange County,at
a point distant thereon Southerly 70 feet from the North line
of said Berry Tract and running thence westerly parallel with
said North line to the centerline of said unnamed street
lying westerly of Lot 5;thence northerly along said center
line to the South line of the North 20 feet of said Berry
Tract;thence easterly along said South line to said Flood
Control right of way line;thence southerly along said right
of way line 50 feet to the point of beginning,except that
portion lying within Bristol Street (80 feet wide).
Parcel JJ
That portion of the Berry Tract per map recorded in
Book 9,page 6,Miscellaneous Records of Los Angeles County,
Californiadescribed as follows:
Beginning at the intersection of the East line of Bear
Street (50 feet wide)with the North line of said Tract and
running thence easterly along said North line to the center
line of the unnamed street lying adjacent to and Easterly of
Lot 1,Block C of said Tract;thence southerly along said
centerline 70.00 feet;thence westerly parallel with said
North line to said East line of Bear Street;thence northerly
along said East line to the point of beginning,except the
Northerly 20 feet thereof.
Parcel KR
The Southerly 50 feet of the Northerly 70 feet of the
Westerly one-half of Lot 1,Berry Rancho per map recorded In
Book 9,page 7,Miscellaneous Records of Los Angeles County,
California.
SCHEDULE ~B~’(Page 2)
Parcel LL
The Southerly 50 feet of the Northerly 70 feet of the
Easterly one-half of Lot 1,Berry Rancho,per map recorded
in Book 9,page 7 of Miscellaneous Records of Los Angeles
County,California,except that portion lying within Gisler
Street (60 feet wide).
Parcel SS
The Northerly 40 feet of Lot 1,Tract 421,as shown
on a map thereof recorded in Book 30,page 26 of Miscellaneous
Maps of Orange County.
Parcel TT
The Northerly 40 feet of Lots 4 and 5,Block C,Berry
Tract,as shown on a map thereof recorded in Book 9,page 6
of Miscellaneous Records of Los Angeles County,California
in Orange County.
Parcel UU
The Northerly 40 feet of Lot 3,Block C,Berry Tract,
as shown on a map thereof recorded in Book 9,page 6 of
Miscellaneous Records of Los Angeles County,California in
Orange County.
Parcel VV
The Northerly 40 feet of Lot 2,Block C,Berry Tract,
as shown on a map thereof recorded in Book 9,page 6 of
Miscellaneous Records of Los Angeles County,California in
Orange County.
SCHEDULE ~B (Page 3)
STATE OF CALIFORNIA)
ss
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 Reso
lution No.816-7 was regularly passed and adopted at a regular
meeting of said Board on the 13th day of April,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.N.Featherly
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.7 of Orange
County,California,this 14th day of April,1960.
Fred~A.Harper,Secretary p o tern
Of the Board of Directors of
County Sanitation District No.7
Of Orange County,California
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