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
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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
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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
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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.
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ss.
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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