HomeMy WebLinkAboutResolution 1960 - 0817RESOLUTION NO.817-2
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SA1flITATION DISTRICT NO.2 OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE,STATE OF
CALIFORNIA
(2-7)
The Board of Directors of County Sanitation District No.2 of
Grange County,California,resolves as follows:
Section 1.That the Board of Directors of County Sanitation
District No.2 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 Distric.
of certain public improvements,to wit:A sanitary sewer and all
~-acilities and appurtenances necessary or incidental thereto inc].ud
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 pur
poses set forth in Section 1 hereof,is situated in the County of
Orange,State of California,and is more particularly described on
Schedules “A”and “Bc’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
—1—
easements and rights of way to the extent compatible 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 constructed
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,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 pipe
lines 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
-2—
as follows:
(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 construct 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 6.That the Board of Directors of County Sanitation
District No.2 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 6 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.2 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
-3-
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.2 of Orange County,Calif
ornia,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 authorized,
upon receipt of a Court order and demand from C.Arthur Nissan,Jr.,
General Counsel of the District,to pay to the County Clerk 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.
The above and foregoing Resolution No.817-2 was regularly
passed and adopted by the Board of Directors of County Sanitation
District No.2 of Orange County,California,at a regular meeting
of said Board held on the 13th day of April,1960.
Frec~
.Harper,Secre ary pro tern
Of the Board of Directors of County
Sanitation District No.2 of
Orange County,California
STATE OF CALIFORNIA)
85
COUNTY OF ORANGE )
I,FRED A.HARPER,Secretary pro tem of the Board of Directors
of County Sanitation District No.2 of Orange County,California,
do hereby certify that the above and foregoing Resolution No.817-2
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:I
-4-
SCHEDULE ~
PERI4ANENT EASEMENTS
Parcel 1—P
A strip of land 30 feet in width,the West
line of which is the Northerly extension of the
centerline of Sunkist Street (~+0 feet in width),
as shown on a map of Tract 3186 per map thereof,
recorded in Book 103,pages 1 to 3 inclusive of
Miscellaneous Maps in the office of the Recorder
of Orange County,California,said strip to
originate in the Northeasterly line of the
Riverside Freeway and terminate in the Southeasterly
line of Anaheim Road.
Parcel 2-P
The Easterly 20 feet of that portion of Lot 1,
Block K of the Kraemer Tract,as shown on a map
recorded in Book 12,pages 87 and 88 of Miscellaneous
Records of Los Angeles County,California,lying
Northerly of the North line of Anaheim Road and
Southerly of the South line of that certain 85—foot—
wide strip of land described in an Action to condemn
for Flood Control Purposes filed November 19,1959
and now pending in the Superior Court of the State
of California in and for the County of Orange,Case
No.8527k.
Parcel 3—P
That portion of the Westerly 10 feet of that
certain portion of Lot Li~2 of Hazard’s Subdivisions
as shown on a map filed in Book 1,page 26 of
Records of Survey in the office of the Recorder
of Orange County,California,conveyed by Deed
recorded July 10,1915,in Book 277,page 65 of
SCHEDULE “A”(Page 1)
Deeds in the office of the Recorder of said county,
lying Northwesterly of the Northeasterly extension
of the Northwest line of Anaheim Road as shown on a
map of Lot 1,Block 2 of the Kraemer Tract,as
shown on a map recorded in Book 12,pages 87 and
88 of Miscellaneous Records of Los Angeles County,
California.
Parcel 4-P
The Westerly 10 feet of that certain portion
of the portion of Lot 42 of Hazard’s Subdivision,
as shown on a map recorded in Book 1,page 26 of
Records of Survey in the office of the Recorder
of Orange County,California.,described by a deed
recorded April 13,1943,in Book 1188,page 175
of Official Records of said Orange County.
Parcel 5—~
The Westerly 10 feet of that certain portion
of Lot 42 of Hazard’s Subdivision,as shown on a
map filed in Book 1,page 26 of Records of Survey
in the office of the Recorder of Orange County,
California,described in a deed recorded October
29,1951,in Book 2246,page 598 of Official
Records of said Orange County.
Parcel 6-P
The ~Iester1y 10 feet of that portion of that
certain portion of Lot 42 of Hazard’s Subdivision,
as shown on a map filed in Book 1,page 26 of
Records of Survey in the office of the Recorder of
Orange County described in a deed recorded March
4,1947,in Book 1479,page 432 of Official Records
in the office of said Recorder.
Parcel 7—P
The Westerly 10 feet of that portion of the
portion of Lot 35 of Hazard’s Subdivision as shown
SCHEDULE ~(Page 2)
on a map filed in Book 1,page26,of Records of
Survey in~the office of the Recorder of’Orange
County,described in a deed recorded August 16,1955
as Instrument No.99739 in Book 3175,page 184 of
Official Records in the office of the Recorder of
Orange County,California.
Parcel 8-P
The Westerly 10 feet of that portion of Lot 35
of Hazard’s Subdivision,as shown on a map thereof,
filed in Book,1,page 26 of Records of Survey in
the office of the County Recorder of Orange County
conveyed to the Stern Realty Company,a corporation,
by Deed recorded December 20,1911,in Book 204,
page 211 of Deeds,in the office of the Recorder of
Orange County.
p~arce1 9-P
The Westerly 10 feet of that portion of that
certain portion of Lot 35 of Hazard’s Subdivision,
as shown on a licensed surveyor’s map filed in Book
1,page 26 of Record of Surveys in the office of the
County Recorder of Orange County,lying Southerly
of the South line of the 85-foot—wide strip of land
described in an Action to Condemn for Flood Control
Purposes commenced November 19,1959,and recorded
November 19,1959 in Book 4980,page 360 of Official
Records,Superior Court Case No.85274 and Northerly
of the North:line of a portion of said Lot 35
conveyed to the Stern Realty Company by Deed,
recorded December 20,1911,in Book 204,page 211 of
Deeds,in the office of the Recorder of said Orange
County.
Parcel 10-P
The Easterly 20 feet of that portion of Lot 1,
Block K of the Kraemer Tract,as shown on a map
SCHEDULE LA”(Page 3)
recorded in Book 12,pages 87 and 88 of Miscellaneous
Records of Los Angeles County,California,lying
within that 85-foot width strip cf land described
in an Action to Condemn for Flood Control Purposes
filed November 19,1959,and now pending in the
Superior Court of the State of California in and
for the County of Orange,Case No.85274 and a
10—foot—wide strip of said 85 foot strip of land
lying Easterly of and adjacent to the East line of
said Lot 1,Block K of the Krac~er Tract.
Parcel il-p
The Easterly 20 feet of that portion of Lot 1,
Block K of th~i~raemer Tract,as shown on a map
recorded in Book 12,pages 87 and 88 of Miscellaneous
Records of Los Angeles County,California,lying
within those certain parcels of land described in
deeds to the Santa Fe Land Improvement Company,
a corporation,recorded March JO,1910,in Book
177,page 262 of Deeds and recorded March 31,1910,
in Book 177,page 393 of Deeds in the office of the
Recorder of Orange County and a 10-foot—wide strip
of said Santa Fe Land Improvenent Company property
lying Easterly of and adjacent to the East line of
said Lot 1,Block K of the Kraemer Tract.
SCHED IJLE “Ar (Page Li.)
SCHEDULE “B”
TEMPORARY EASEMENTS
parcel l—T
The Easterly 20 feet of a strip of land 50 feet
in width,the West line of which is the Northerly
extension of the centerline of Sunkist Street
(40 feet in width),as shown on a map of Tract 3186
per map thereof,recorded in Book 103,pages 1 to 3
inclusive of Miscellaneous Maps in the office of the
Recorder of Orange County,California,said strip
to originate in the Northeasterly line of the
Riverside Freeway and terminate in the Southeasterly
line of Anaheim Road.
Parcel 2-T
The Westerly 15 feet of the Easterly 35 feet
of that portion of Lot 1,Block K of the Kraemer
Tract,as shown on a map recorded in Book 12,pages
87 and 88 of Miscellaneous Records of Los Angeles
County,California,lying Northerly of the North line
of Anaheim Road and southerly of the South line of
that certain 85—foot—wide strip of land described in
an Action to condemn for Flood Control Purposes filed
November 19,1959,and now pending in the Superior
Court of the State of California in and for the County
of Orange,Case No.85274.
Parcel 6-P ‘
The Easterly 50 feet of the Westerly 60 feet
of that portion of Lot 35 of Hazard’s Subdivision,
as shown on a map thereof,filed in Book 1,page 26
of Records of Survey in the office of the County
Recorder of Orange County conveyed to the Stern Realty
Company,a corporation,by Deed recorded December 20,
1911,in Book 204,page 211 of Deeds,in the office
SCHEDULE ‘B”(Page 1)
of the Recorder of Orange County.
~rcel 9—T
The Easterly 50 feet of the Westerly 60 feet of
that portion of Lot 35 of Hazard’s Subdivision,as
shown on a licensed surveyor’s map filed in Book 1,
page 26 of Record of Surveys in the office of the
County Recorder of Orange County,lying Southerly of
the South line of the 85-foot—wide strip of land
described in an Action to Condemn for Flood Control
Purposes commenced November 19,1959,and recorded
November 19,1959,in Book 4980,page 360 of
Official Records,Superior Court Case No.85274 and
Northerly of the North line of a portion of said Lot
35 conveyed to the Stern Realty Company by Deed,
recorded December 20,1911,in Book 204,page 211 of
Deeds,in the office of the Recorder of said Orange
County.
Parcel lO—T
The Westerly 15 feet of the Easterly 35 feet of
that portion of Lot 1,Block K of the Kraemer Tract,
as shown on a map recorded in Book 12,pages 87 and
88 of Miscellaneous Records of Los Angeles County,
California,lying within that 85-foot width strip of
land described in an Action to Condemn for Flood
Control Purposes filed November 19,1959,and now
pending in the Superior Court of the State of
California in and for the County of Orange ,
Case No.
85274.
Parcel l1—T
The Westerly 15 feet of the Easterly 35 feet of
that portion of Lot 1,Block K of the Kraemer Tract,
as shown on a map recorded in Book 12,pages 87 and
88 of Miscellaneous Records of Los Angeles County,
SCHEDULE ‘B”(Page 2)
S.
California,lying within those certain parcels of
land described in deeds to the Santa Fe Land
Improvement Company,a corporation,recorded March
10,1910,in Book 177,page 262 of Deeds and recorded
March 31,1910,in Book 177,page 393 of Deeds in
the office of the Recorder of Orange County.
SCHEDULE ~‘B~(Page 3)
SCHEDULE ‘C
The names,capacities and descriptions of all owners and
other claimants to the property sought to be condemned herein,
insofar as are known to plaintiff,are hereinafter set forth:
l~me and Capacity Intere~t
Paul Edward Beatty
Ralph William Beatty
Ruth Anna Harris
parcels Nos.1-P.l—T
Parcels Nos.2-P.2-T~3—P
Anaheim Union Water Company
(a corporation)Owner
Martin Apalategui,Jr.and Mary
C.Apalategui (Husband and Wife)
Abel Ignacio Apalategui (a single
man
Stern Realty Company
(a corporation)
The First National Bank of
Orange
The First National Bank of
Orange
Parcel No.6-p
Owners
Owner of an easement
Trustee under deed of
trust
Beneficiaries under
deed of trust
Owner-undivided 1/
Owner-undivided 1/
Owner-undivided 1/3
Parcel No.4-P
B.H.Prentiss (also known as
Ben H.Prentiss)and Gladys Fern
Prentiss (Husband and Wife)
Parcel No.~—P
Owners
Owners-undivided 1/2
Owner-undivided 1/2
Owner of an easement
Trustee under deed of
trust
Beneficiary under deed
of trust
Owner s
Owner of an easement
Irvin P.Allec and Ramona Allec
(Husband and Wife)
Stern Realty Company
(a corporation)
Parcel No.7~
Charles A.Hunt and Josephine A.
Hunt (Husband and Wife)
Stern Realty Company
(a corporation)
Security Title Insurance Company
(a corporation)
Charles L.Ruby and Rachael E.
Ruby (Husband and Wife)
SCHEDULE ~C’-Page 1
Name and Capacity Interest
Stern Realty Company
(a corporation)
Parcels Nos.9—P.9—T
Caroline Wetzel Hildebrand (also
known as Carolyn Wetzel 1-lildebrand
and as Caroline F.Wetzel)
Helen M.Pearce
Emil Wetzel (also known as Emil
H.Wetzel)
Beatrice I.Wetzel
Stern Realty Company
(a corporation)
Parcels Nos.10—P
Orange County Flood Control
District,a public corporation
Parcels Nos.11—P
Santa Fe Land Improvement Co~pany
(a corporation)
Parcels Nos.8-P 8-T
Owner
Owner-undivided 1/4
Owner-undivided 1/4
Owner-undivided 1/4
Owner-undivided 1/4
Owner of an easement
Owner
10 -T
Owner
SCHEDULE ‘C”-Page 2
AYES:Directors Frank J.Schweitzer,Jr.,Howard M.
Cornwell,Glenn G.Fry,A.Allen Hall,Rex A.
Parks,Raymond L.Pound,Walter W.Walker and
C.N.Featherly
NOES:Directors None
ABSENT:Directors N,A.MacKinnon and Robert Wardlow
IN WITNESS t’~HEREOF,I have hereunto set my hand and affixed
the official seal of County Sanitation District No.2 of Orange
County,California,this 14th day of April,1960.
Fred A.Harper,Secreta pro tern
Of the Board of Directors of
County Sanitation District No.2
Of Orange County,California
-5--