HomeMy WebLinkAboutResolution 1961 - 0980-7CONDEMNATION
RESOLUTION NO.980-7
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNT?SANITATION DISThICT NO.7 OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE,STATE OF
-
CALIFORNIA
The Board of Directors of County Sanitation District No.7 of
Orange County,California,resolves as follows:
Section 1,That the Board of Directors of County Sanitation
District No.7 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 or 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
Schedule “A”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
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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 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 con
structed 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,standpipe and service connection struc
tures 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
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as may be in the public interest from time to time.
Section 5.That the Board of Directors of County Sanitation
District No.7 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,20114 North Broadway,Santa Ana,California,be and
It 18 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.7
of Orange County,California,against all owners and claimants of the
above-described 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
deposits as said Court may direct and for an order permitting County
Sanitation District No.7 of Orange County,California,to take
immediate possession and use of said real property for the uses and
purposes 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
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.
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SCHEDULE “A”
PERNANENT EASEMENT
Parcel FC-l
Easement over a portion of the South half,(si)of Section 36,
Township 5 South,Range 10 West,S.B.M.,being a strip of land
20.00 feet In width,lying 10.00 feet either side of the following
described centerline:
Beginning at a point on the South line of said Section 36,
said point being 2775.28 feet Easterly of the centerline of ~‘Istol
Street,80.00 feet in width,as described in right of way deed
recorded In Book 2290,Page 510,Miscellaneous Records of Orange
County,California,and measured along said South line of Section
36;thence North and perpendicular to the said South line of Section
36,a distance of 350.00 feet.
Parcel FC-2
Easement over a portion of the South half (S*)of Section 36,
Township 5 South,Range 10 West,S.B.M.,being a strip of land 20.00
feet in width,lying 10.00 feet either side of the following described
centerline:
Beginning at a point on the South line of said Section 36,said
point being 720.28 feet Easterly of the centerline of ~‘istol Street,
80.00 feet in width,as described in right of way deed recorded in
Book 2290,Page 510,Miscellaneous Records of Orange County,Cali
fornia,and rneasuTed along said South line of Section 36;thence
North and perpendicular to the said South line of Section 36,a
distance of 350.00 feet.
Parcel FC-3
Easement over a portion of the Southwest quarter (SW*)of
Section 34,Township 5 South,Range 10 West,S.B.M.,being a strip
of land 20.00 feet in width,lying 10.00 feet on either side of the
following described centerline:
SCHEDULE “A”,Page 1
Beginning at a point on the North line of Gisler Avenue,
60.00 feet in width,said point being 1599.00 feet westerly of
the centerline of Fairview Road,60.00 feet in width as described
in right of way deed recorded in Book 2TL~,Page 357 of Deeds,
Records of Orange County,California,and measured along the said
North line of Gisler Avenues thence North and perpendicular to the
said North line of Gisler Avenue,a distance of L~00.00 feet.
SCHEDULE “A”,Page 2
STATE OF CALIFORNIA
88
COUNTY OF ORANGE
I,FRED A,HARPER,Secretary of the Board of Directors of
County Sanitation District No.7 of Orange County,California,do
hereby certify that the above and foregoing Resolution No.980-7
was regularly passed and adopted at a regular meeting of said
Board on the 13th day of September,1961,by the following roll
call vote,to wit:
A~S:Directors Humeaton,Cook,Heinly,Meyers,?ark3 and
Hirstein
NOES:Directors None
ABSENT:Directors None
IN WITNESS 1~JHEREOF,I have hereunto set my hand and affixed
the official seal of County Sanitation District No.7 of Orange
County,California,this 13th day of September ,1961.
~Hth~er,Secretary
Board of Directors of County
Sanitation District No.7 of
Orange County,California