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Home My WebLink AboutResolution 1960 - 0851 (Rescinded by 889-2)RESOLUTION NO.851-2 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.2 OF ORANGE COUNTY, CALIFORNIA,AUTHORIZING AND DIRECTING THE CONDEM NATION OF CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE,STATE OF CALIFORNIA (2-9) The Board of Directors of County Sanitation District No.2 of Orange 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, 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 pur suant 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 ‘B’attached hereto and made a parc 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 sub ject to the rights of the owners,their successors and.assigns,to use the surface of the land within the boundary lines of such —1-. Rescinded by Resolution 1960 - 889-2 easements and rights of way to the extent compatible with the full and free exercise of said easements and rights of way;provided,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 ease ments and rights of way upon the completion of the improve ments 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 structure8 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 ingreas 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 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 provide an -2- 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 other wise 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 &Wenke,Suite ~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 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 -3- SCHEDULE “A” PERMANENT EASEMENT Parcel 1-P A strip of land 30 feet in width lying 15 feet on each side of the following described centerline: Beginning in the West line of the Northeast one-quarter of the Southwest one-quarter of Section 24,Township 3 South,Range 10 West in the Rancho San Juan Cajon d.e Santa Ana,Orange County,California per map recorded in Book 5].,page 7 of Miscellaneous Maps of said County,said West line being also the East line of Associated Road c~4O feet wide)at a point distant thereon North 00 13’26”East 274.57 feet from the Southwest corner of said Northeast one-quarter and~running thence North 77°13’26”East 389.47 feet;thence North 450 43’26”East 410.00 feet;thence North 28°13’26”East 716.34 feet;thence North 01°05’18”East 321.35 feet;thence Horth 14°3)4~ 14”East 316.84 feet;thence North 8°11’5)4”East 368.09 feet;thence North 21°27’34”East 519.00 feet;thence North 47°19’09”East 555.00 feet;thence North 58°29’09”East 416.00 feet;thence North 400 16’39”East 368.00 feet;thence South 890 39~46”East 490.00 feet;thence North 530 11’14”East 333.00 feet;thence North 21°5)4’ 29”East 569.00 feet;thence North 20°21’29”East 338.00 feet;thence North 14°28’50”East 361.80 feet;thence North 34°39’47”East 408.26 feet;thence North 56°5)4’49”East 507.00 feet;thence North 390 21’16”East 253.47 feet;thence North 570 15’59”East 540.14 feet;thence North 67°17”59”East 649.18 feet;thence North 0°00’ 43”West 222.93 feet to the centerline of Imperial Highway and the East-an.d-West centerline of Section 18,Township 3 South,Range 9 West,of said Rancho San Juan Cajon de Santa Ana. Excepting therefrom that portion of the above described 30 foot strip not lying within these certain parcels of land,described in a deed to John N.Stephens et al recorded December 28,1959 in Book 5031, Schedule “A”,Page 1 page 575 of Official Records of said Orange County,California. The above described centerline is to be known as Centerline “A”. PARCEL 2-P A strip of land 30 feet in width lying 15 feet on each side of the following described centerline: Beginning in the West line of the Northeast one-quarter of the Southwest one-quarter of Section 2k,Township 3 South,Range 10 West in the Rancho San Juan Cajon d~e Santa Ana,Orange County,California per map recorded in Book 51,page 7 of Miscellaneous Maps of said County,said West line being also the East line of Associated Road (140 feet wide)at a point distant thereon North o°13’26”East 274.57 feet from the Southwest corner of said Northeast one-quarter and running thence North 770 13’26”East 389.47 feet;thence North 45° 1431 26”East 410.00 feet;thence North 28°13’26”East 716.34 feet; thence North 01°05’18”East 321.35 feet;thence North 140 3)4’]•)4” East 316.84 feet;thence North 80 11’514”East 368.00 feet;thence North 21°27’34”East 519.00 feet;thence North 470 19’09”East 555.00 feet;thence North 58°29’09”East 416.00 feet;thence North 400 16’39”East 368.00 feet;thence South 89°39’46”East 490.00 feet;thence North 530 ~14”East 333.00 feet;thence North 21°514? 29”East 569.00 feet;thence North 200 21’29”East 338.00 feet;thence North 14°28’50”East 361.80 feet;thence North 34°39’47”East 408.26 feet;thence North 56°514t 49”East 507.00 feet;thence North 39°21’16”East 253.47 feet;thence North 57°15’59”East 540.14 feet;thence North 670 17’59”East 649.18 feet;thence North 0°00’ 43”West 222.93 feet to the centerline of Imperial Highway and the East-and-West centerline of Section 18,Township 3 South,Range 9 West,of said Rancho San Juan Cajon de Santa Ana. Excepting therefrom that portion of the above described 30 foot strip not lying within that certain parcel of land conveyed to the Anaheim Union Water Company by Deed recorded November 14,1898 in Schedule “A”,Page 2 Book 31,page 156 of Deeds of said Orange County,California. The above described centerline is to be known as centerline “B”. Parcel 3-P A strip of land 30 feet in width lying 15 feet on each side of the following described.centerline: Beginning in the West line of the Northeast one-quarter of the Southwest one-quarter of Section 24,Township 3 South,Range 10 West in the Rancho San Juan Cajon de Santa Ana,Orange County,California per map recorded,in Book 51,page 7 of Mjsce].landous Maps of said County,said.West line being also the East line of Associated Road (40 feet wide)at a point distant thereon North 0°13’26”East 274.57 feet from the Southwest corner of said Northeast one-quarter and run ning thence North 77°13’26”East 389.147 feet;thence North 45°243’ -~ 26”East ‘410.00 feet;thence North 28°13’26”East 716.324 feet; thence North 010 05’18”East 321.35 feet;thence North 14°34’14” East 316.814 feet;thence North 8°11’54”East 368.00 feet;thence North 21°27’314”East 519.00 feet;thence North 470 19’09”East 555.00 feet;thence North 580 29’09”East 416.00 feet;thence North 40°16’39”East 368.00 feet;thence South 890 39~46”East 490.00 feet;thence North 53°1].’14”East 333.00 feet;thence North 210 54’ 29”East 569.00 feet;thence North 20°21’29”East 338.00 feet;thence North 14°28’50”East 361.80 feet;thence North 34°39’47”East 408.26 feet;thence North 56°524’249”East 507.00 feet;thence North 39°21’16”East 253.47 feet;thence North 570 15’59”East 540.14 feet;thence North 67°17’59”East 649.18 feet;thence North 0°00’ 43”West 222.93 feet to the centerline of Imperial Highway and the East—and-.We~t centerline of Section 18,Township 3 South,Range 9 West,of said Rancho San Juan Cajon de Santa Ana. Excepting therefrom that portion of the above described 30 foot strip not lying within that certain parcel of land conveyed to C. Winthrop Bowen et ux by Deed recorded August 5,1926 in Book 666, Schedule “A”,Page 3 page 196 of Deeds of said Orange County,California. The above described centerline is to be known as centerline ttcH Parcel 4-P .4 strip of land 30 feet in width lying 15 feet on each side of ~the following described centerline: Beginning in the West line of the Northeast one-quarter of the Southwest one-quarter of Section 24,Township 3 South,Range 10 West in the Rancho San Juan Cajon de Santa Ana,Orange County,California per map recorded in Book 51,page 7 of Miscellaneous Maps of said County,said West line being also the East line of Associated Road (40 feet wide)at a point distant thereon North 00 13’26”East 274.57 feet from the Southwest corner of said.Northeast one-quarter and.running thence North 77°13’26”East 389.47 feet;thence North 450 43’26”East 410.00 feet;thence North 28°13’26”East 716.34 feet;thence North 01°05’18”East 321.35 feet;thence North 14°34’ 14”East 316.84 feet;thence North 8°11’54”East 368.00 feet;thence North 21°27’34”East 519.OOfeet;thence North 47°19’09”East 555.00 feet;thence North 580 29’09”East 416.00 feet;thence North 4~0 16’39”East 368.00 feet;thence South 89°39’46”East 490.00 feet;thence North 53°11’14”East 333.00 feet;thence North 21°54’ 29”East 569.00 feet;thence North 20°21’29”East 338.00 feet; thence North 1~4°28’50”East 361.80 feet;thence North 34°39’)47” East 408.26 feet;thence North 560 54’49”East 507.00 feet;thence North 390 21’16”East 253.47 feet;thence North 57°15’59”East 540.1)4 feet;thence North 67°17’59”East 649.18 feet;thence North 00 00’43”West 222.93 feet to the centerline of Imperial Highway and the East—and-West centerline of Section 18,Township 3 South,Range 9 West,of said.Rancho San Juan Cajon de Santa Ana. Excepting therefrom that portion of the above described 30 foot strip not lying within those certain parcels of land conveyed to Helen 0.Boweri et al recorded November 2,1938 in Book 972,page 18 of Schedule “A”,Page 4 Official Records of said Orange County,California. The above described centerline is to be known as centerline “D”. Parcel 5-P A strip of land 30 feet in width lying 15 feet on each side of the following described centerline; Beginning in the West line of the Northeast one-quarter of the Southwest one-quarter of Section 24,Township 3 South,Range 10 West in the Rancho San Juan Cajon d.e Santa Ana,Orange County,California per map recorded in Book 51,page 7 of Miscellaneous Maps of said County,said West line being also the East line of Associated Road. (40 feet wide)at a point distant thereon North 0°13’26”East - 274.57 feet from the Southwest corner of said Northeast one-quarter and.running thence North 77°.l3’26”East 389.47 feet;thence North 45°43’26”East 410.00 feet;thence North 28°13’26”East 716.34 11; feet;thence North 01°05’18”East 321.35 feet;thence North 14°3)4~ 114”East 316.84 feet;thence North 80 11’514”East 368.00 feet;thence 43”West 222.93 feet to the centerline of Imperial Highway and the East-and-West centerline of Section 18,Township 3 South,Range 9 West,of said,Rancho San Juan Cajon de Santa Ana. Excepting therefrom that portion of the above described 30 foot strip not lying within that certain parcel of land conveyed to Union Oil Company of California,a corporation,by Deed recorded October 25, 1910 in Book 1914,page 55 of Deed.s of said Orange County,California. North 210 27’314”East 519.00 feet;thence 555.00 feet;thence North 58°29’09”East 40°16’39”East 368.00 feet;thence South feet;thence North 530 11’14”East 333.00 29”East 569.00 feet;thence North 20°21’ North 14°28”50”East 361.80 feet;thence 408.26 feet;thence North 56°5141 49”East 39°21’16”East 253.47 feet;thence North feet;thence North 670 17’59”East 6149.18 North 147°19’09”East 416.00 feet;thence North 89°39’116”East 490.00 feet;thence North 21°5)4’ 29”East 338.00 feet;thence North 34°39’147”East 507.00 feet;thence North 57°15’59”East 540.114 feet;thence North 0°00’ Schedule “A”,Page 5 The above described centerline is to be known as centerline “E”. Parcel 6-P A strip of land 30 feet in width lying 15 feet on each side of the following described centerline: Beginning in the West line of the Northeast one-quarter of the Southwest one-quarter of Section 24,Township 3 South,Range 10 West in the Rancho San Juan Cajon d.e Santa Ana,Orange County,California per map recorded in Book 51,page 7 of Miscellaneous Maps of said County,said West line being also the East line of Associated Road (40 feet wide)at a point distant thereon North 00 13’26”East 2714.57 feet from the Southwest corner of said Northeast one-quarter and run ning thence North 770 13’26tT East 389.47 feet;thence North 450 43’ 26”East 410.00 feet;thence North 28°13’26’.’East 716.34 feet;thence North 01°05’18”East 321.35 feet;thence North 14°34’14”East 316.8)4 feet;thence North 8°11’5)4”East 368.00 feet;thence North 21°27’34”East 519.00 feet;thence North 47°19’09”East 555.00 feet;thence North 58°29’09”East J4l6.00 feet;thence North 40°16’ 39”East 368.00 feet;thence South 89°39’46”East 490.00 feet; thence North 530 11,14”East 333.00 feet;thence North 210 54’29” East 569.00 feet;thence North 20°21’29”East 338.00 feet;thence North 240 28’50”East 361.80 feet;thence North 34°39’47”East 408.26 feet;thence North 560 54’149”East 507.00 feet~thence North 390 21’16”East 253.~47 feet;thence North 57°15’59”East 540.14 feet;thence North 67°17’59”East 649.18 feet;thence North 0°00’ 43”West 222.93 feet to the centerline of Imperial Highway and the East-and—West centerline of Section 18,Township 3 South,Range 9 West, of said Rancho San Juan Cajon de Santa Ana. Excepting therefrom that portion of the above described 30 foot strip not lying within those certain parcels of land conveyed to Union Oil Company of California,a corporation,by Deed recorded December 27, 1944 in Book 1293,page 289 of Official Record.s of said Orange County, California. Excepting therefrom that portion within the right of way of Imperial Highway. The above described centerline is to be known as centerline “F”. Schedule “A”,Page 6 SCHEDULE B” TEMPORARY EASEMENTS Parcel l-T A strip of land 70 feet in width lying 35 feet on each side of centerline ‘A’as described in the description of Parcel 1-P on SCHEDULE A”. Except that portion of the above described strip within a 30 foot 3trip,the centerline of which is identIcal with said centerline “A”. Parcel 2-T A strip of land 70 feet In width lying 35 feet on each side of centerline “B”as described in the description of Parcel 2-P on “SCHEDULE A”. Except that portion of the above described strip within a 30 foot strip,the centerline of which is identical with said centerline “B”. Parcel 3-T A strip of land 70 feet In width lying 35 feet on each side of centerline “C”as described in the description of Parcel 3-P on “SCHEDULE A”. Except that portion of the above described strip within a 30 foot strip,the centerline of which is identical with said centerline “C’. Parcel 4-T A strip of land 70 feet in width lying 35 feet on each aide of centerline “D”as described in the description of Parcel 4-P on “SCHEDULE A”. Except that portion of the above described strip within a 30 foot strip,the centerline of which Is identical with said centerline “D” “B”-Page 1 Parcel 5-T A strip of land 70 feet in width lying 35 feet on each side of centerline “E”as described in the description of Parcel 5-P on ‘SCHEflULE A’. Except that portion of the above described strip within a 30 foot strip,the centerline of which is identical with said centerline “E”. Parcel 6-T A strip of land 70 feet In width lying 35 feet on each side of centerline “F”as described in the description of Parcel 6-p on “SCHEDULE A”. Except that portion of the above described strip within a 30 foot strip,the centerline of which is identical with said centerline “F”. ‘B”-Page 2 deposits as said Court may direct and.for an ord.er permitting County Sanitation District No.2 of Orange County,California,to take im mediate 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 arid 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 t±meto 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.’851-2 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 8th day of June,1960. Fred. .Harper,Secretary of the Board of Directors of County Sanitation District No.2 of Orange County,California STATE OF CALIFORNIA) ss COU1~JTY OF ORANGE ) I,FRED A.HARPER,Secretary 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.851-2 was regularly-passed and adopted at a regular meeting of said Board on the 8th d.ay of June,1960,by the following roll call vote,to wit: - AYES:Directors Frank 3.Schwei.tzér,Jr.,Nenx”y Boer, Paul a.Breting,Hàwar~M.cornweu, A.Allen Hall,.Rex A~.Park~, Wa].ter.W.Walker and C.N.Featherly NOES:Directors None ABSENT:Directors Glenn 0.Pry and Dean E.Shull,Jr. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.2 of Orange County,California,this 9th day of June 1960. 3e~i’etary,BOard of Direc ors - County Sanitation District No.2 of Orange County,California