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Home My WebLink AboutResolution 1960 - 0889RESOLUTION NO.889-2 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 OP ORANGE,STATE OF CALIFORNIA AND RESCINDING RESOLUTION NO.851-2 (2-9) The Board of Directors of County Sanitation District No.2 of Orange County1 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 martholes,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 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 —1— 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 ~.That the permanent easements and rights of way to be acquired shall include: (a)The right to construct manholes,air valves,blow-offs, pumping well8,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 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 area in which to work and to pile and store machinery, -2- S 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 herinabove-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 204,106 West Fourth Street,Santa Ana,Cali fornia,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 prose cuted 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 -3- SCHEDULE “A” PERMANENT EASEMENT Parcel 1-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 0°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 450 43’26”East 410.00 feet;thence North 32°07’30”East 633.69 feet;thence North 01°05’18”East 415.88 feet;thence North 14°34’ 14”East 316.84 feet;thence North 8°11’514”East 368.00 feet;thence North 7°33’12”East 353.90 feet;thence North 47°19’09”East 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 these certain parcels of land described in a deed to John N.Stephens et al recorded December 28,1959 in Book 750.00 feet;thence North 58°29’09”East 40°16’39”East 368.00 feet;thence South feet;thence North 53°ii’14’East 333.00 29”East 569.00 feet;thence North 20°21’ thence North 14°28’50”East 361.80 feet; East 408.26 feet;thence North 56°54’49” North 39°21’16”East 253.47 feet;thence 540.14 feet;thence North 67°17’59”East 416.00 feet;thence North 89°39’46”East 490.00 feet;thence North 21°54’ 29”East 338.00 feet; thence North 34°39’47” East 507.00 feet;thence North 57°15’59”East 649.18 feet;thence North Schedule “A”,Page 1 5031,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 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 0°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 450 43’26”East 410.00 feet;thence North 32°07’30”East 633.69 feet;thence North 01°05’18”East 415.88 feet;thence North 14°34’ 14”East 316.84 feet;thence North 8°ii’54”East 368.00 feet; thence North 7°33’12”East 353.90 feet;thence North 47°19’09” East 750.00 feet;thence North 58°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 530 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 14°28’50”East 361.80 feet;thence North 340 39~ 47”East ~408.26 feet;thence North 56°54’49”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 00 00’143”West 222.93 feet to the centerline of Imperial High way and the East-and-West centerline of Section 18,Township 3 South, Range 9 West,of said Rancho Sari 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 Imown 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 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 770 13’26”East 389.47 feet;thence North 450 43’26”East 410.00 feet;thence North 32°07’30”East 633.69 feet;thence North 01°05’18”East 415.88 feet;thence North 14°34’ 14”East 316.84 feet;thence North 80 11’54”East 368.00 feet; thence North 70 33~12”East 353.90 feet;thence North 47°19’09” North 0°00’43”West 222.93 feet to the centerline of Imperial High way and the East-and-West centerline of Section 18,Township 3 South, Range 9 West,of said Rancho San Juan Cajon d.e 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, East 750.00 feet;thence North 580 29’09” North 40°16’39”East 368.00 feet;thence 490.00 feet;thence North 53°11’14”East 21°54’29”East 569.00 feet;thence North feet;thence North 14°28’50”East 361.80 47”East ~I08.26 feet;thence North 560 514t thence North 39°21’16”East 253.47 feet; East 540.1)4 feet;thence North 670 17’59U East 416.00 feet;thence South 89°39’46”East 333.00 feet;thence North 20°21’29”East 338.00 feet;thence North 34°39’ 49”East 507.00 feet; thence North 57°15’59” East 649.18 feet;thence Schedule “A”,Page 3 page 196 of Deeds of said Orange County,California. The above described centerline is to be known as centerline “C”. Parcel 4-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 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 450 43’26”East 410.00 feet;thence North 32°07’30”East 633.69 feet;thence North 01°05’18”East 415.88 feet;thence North 14°3)4’ 14”East 316.84 feet;thence North 80 11’54”East 368.00 feet; thence North 7°33’12”East 353.90 feet;thence North 47°19’09” East 750.00 feet;thence North 58°29’09”East 416.00 feet’;thence North 40°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 14°28’50”East 361.80 feet;thence North 3)40 39~ 47”East 408.26 feet;thence North 56°54’49”East 507.00 feet; thence North 39°21’16”East 253.47 feet;thence North 570 15’5911 East 540.14 feet;thence North 67°17’59”East 649.18 feet;thence North 00 00’43”West 222.93 feet to the centerline of Imperial High way 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.Bowen et al recorded November 2,1938 in Book 972,page 18 Schedule “A”,Page 4 of 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 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 0°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 450 43’26”East 410.00 feet;thence North 32°07’30”East 633.69 feet;thence North 010 05’18”East 415.88 feet;thence North 14°34’~ 14”East 316.84 feet;thence North 8°11’514”East 368.00 feet;thence North 7°33’12”East 353.90 feet;thence North 470 19’09”East 750.00 feet;thence North ~8°29’09”East 416.00 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 21°54’ 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 340 39~47” East 408.26 feet;thence North 560 54’49”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°00’143”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 Raricho 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 011 Company of California,a corporation,by Deed recorded October 25, 1910 in Book 194,page 55 of Deeds of said Orange County,California. The above des.crlbed centerline is to be known as centerline “E”. Schedule ‘TA”,Page 5 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 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 wid.e)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°13’26”East 389.47 feet;thence North 450 43’26”East 410.00 feet;thence North 32°07’30”East 633.69 feet;thence North 010 05’18”East 415.88 feet;thence North 14°34’ 14”East 316.84 feet;thence North 80 11’54”East 368.00 feet;thence North 7°33’12”East 353.90 feet;thence North 470 19’09”East 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 Unior Oil Company of California,a corporation,by Deed recorded December 27,1944 in Book 1293,page 289 of Official Records 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”. 750.00 feet;thence North 58°29’09”East 40°16’39”East 368.00 feet;thence South feet;thence North 530 11’l~4”East 333.00 29”East 569.00 feet;thence North 20°21’ thence North 14°28’50”East 361.80 feet; East 408.26 feet;thence North 56°54’49” North 390 21’16”East 253.47 feet;thence 540.14 feet;thence North 670 17’59”East 416.00 feet;thence North 89°39’46”East 490.00 feet;thence North 21°5J4~ 29”East 338.00 feet; thence North 34°39’47” East 507.00 feet;thence North 57°15’59”East 649.18 feet;thence North Schedule “A”,Page 6 SCHEDULE “B” TEMPORARY EASEMENTS Parcel l-T A 8trip of land 70 feet in width lying 35 feet on each side of centerline “14”as described in the description of Parcel 1-P on 11SCREDULE A”. Except that portion of the above described strip within a 30 foot strip,the centerline of which is Identical with said center line “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 center line “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 deBcription 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 8aid center line “C”. Parcel 4-T A strip of land 70 feet in width lying 35 feet on each side of centerline “D”as described in the description of Parcel 14-P on “~C1-IEDULE A”. Except that portion of the above described strip within a 30 foot strip,the cent~riine of whir,h is ideiitical.with said ee~terline ‘ID”. Schedule “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 “SCHEDULE A”. Except that portion of the above described strip within a 30 foot strip,the centerline of which is identical with said center line “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 center line “F”. Schedule “B”,Page 2 County Sanitation District No.2 of Orange County,California,to take immediate possession arid 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 ox’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. Section 8.That Resolution No.851-2,adopted June 8,1960, is hereby rescinded. STATE OF CALIFORNIA ss COUNTY 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.889-2 was regularly passed and adopted at a regular meeting of said Board,on the 13th day of October,1960 by the following roll call vote, to wit: AYES:Directors West,Boer,Breting,Cornwell,Hall,Parks, Pellerin and Walker NOES:Directors None ABSENT: - Directors Fry and Feather].y -~N WITNESS WHEREOF,I have hereunto set my hand and~affixed the -:-official seai’.of County Sanitation flistriet No.2 of Orange County, California,-this 13th day of October,1960. a. _ Secretary,Board of ectors County Sanitation District No.2 of Orange County,California -4-