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HomeMy WebLinkAboutResolution 1961 - 0919-5/ /1 RESOLUTION NO.919-5 AUTHORIZING ACQUISITION OF PUMPING STATION SITE A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY, CALIFORNIA,AUTHORIZING AND DIRECTING THE CONDEM NATION OF CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE,STATE OF CALIFORNIA. The Board of Directors of County Sanitation District No.5 of Orange County,California,resolves as follows: Section 1.That the Board of Directors of County Sanitation District No.5 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 transportation and receipt of sewage and industrial wastes for the purpose of transporting,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 as follows,to wit: Permanent easement and right of way as follows: That portion of Lot No.58 of Block B,Tract No.673 as shown on a map thereof recorded in Book 20,Page 17 of Miscellaneous Maps,Records of Orange County,California, described as follows: Beginning at a point in the Southwesterly line of said Lot No.58 which point is distant 17.00 feet measured —1— along said Southwesterly line from the most Westerly corner of said Lot No.58;thence running Northeasterly 55.00 feet along a line perpendicular to the South westerly line or said Lot No.58;thence running South easterly along a line parallel with said Southwesterly line 27 feet more or less to the Easterly line of said Lot No.58;thence running Southerly,Southwesterly1 and Northwesterly along the Easterly,Southeasterly,and Southwesterly lines of said Lot No.58 to the point of beginning. EXCEPTING THEREFROM the Southwesterly 20.00 feet thereof. Section 3.That the permanent easement and right 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 easement and right of way to the extent compatible with the full and free exercise of said easement and right 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 easement and right of way to a grade less than four feet above the top of any pipe or pipes located within the lines of said easement or right 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 easement and right of way upon the completion of the improvements to be constructed without written permission of the District. Section ~.That the permanent easement and right of way to be acquired shall include: (a)The right to construct sewerage facilities,including trunk sewers and sewer mains,and the right to construct an underground pumping station and appurtenances thereto, including manholes,air valves and vents,none of which shall extend above the existing surface of the ground —2-. L - excepting stairs and rails for means of access and air valves and vents and a power pole; (b)The right during construction to use all existing private roads within the property 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 con struct and maintain an access road upon,over and along such permanent easement and right of way as may be in the public interest from time to time. Section 5.That the D~ard of Directors of County Sanitation District No.5 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 Ma,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.5 of Orange County,California,against all owners and claimants of the above-described property for the purpose of con demning and acquirinc~said property 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 deposit as said Court may direct and for an order permitting County Sanitation District No.5 of Orange County,California,to take imme’tLate possession and use of said real property for the uses and purpcses herein described. 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 Clerk of the County of Orange such sum or sums of money from District funds as —3— may be required from time to time to be deposited upon order of the Court granting immediate possession of the easement and right of way to the District. ) ss. ) STATE OF CALIFORNIA COUNTY OF ORANGE I,FRED A.HARPER,Secretai~y of the Board of Directors of County Sanitation District No.5 of Orange County,California,do hereby certify that the above and,foregoing Resolution No.919—5 was regularly passed and adopted at a regular meeting of sa±d Board on the 8th day of February,1961,by the following roll call vote, to wit: AYES: NOES: Directors ~~~~t2~t~3tfl Directors ABSENT:Directors ~ -‘IN WLrNESS WHEREOF,I have hereunto set my hand arid affixed the -~offipia1 seal of County Sanitation District No.’5 of Orange, County,Ca1ifo~r1ia)this 8th day of February 1961. I ‘ J,j -~ Of County Sanitation District No.5 Of Orang~~County,California