HomeMy WebLinkAboutResolution 1962 - 0082RESOLUTION NO.62-82-7
AUTHORIZING CONDEMNATION
A RESOLUTION OF THE BOARD OF DIRECTORS OF COt.JNTY N\
SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALl
FORNIA,AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF
ORANGE,STATE OF CALIFORNIA
(7_Li._l)
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 arid 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 contraoted 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
purposes set forth in Section 1 hereof is situated in the City of
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Tustlri,County of Orange,State of California,and is more particu
larly 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
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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 ox’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 structures
appurtenant to said line or lines of trunk sewer pipe,
which structures shall not 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
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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 arid to pile and store machinery,
equipment,and excavated and other materials and supplies;
together with the right to excavate,remove improvements,
trees,shrubs and other growth thereon,unless specifically
otherwise 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 one year.
(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.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,
Icogler &Wenke,201k North Broadway,Santa Ana,California,be and
it is hereby authorized and directed to conmience 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 purpose of condemning and
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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 ~n~truated to make application to
said Court for en order fixing the amount of securily by way of
money deposits as said Court may direct ar.d for an order permitting
County Sanitation District No.7 of Orange County1 California to
taice immediate possession and use of said real property for the
uses and purposes herein described.
Section 7.That the Auditor of the DistrIct i~authorizod,
uron 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 tir~e to time to be depos~te~upon order of the
Court granting immediate possession of easements and rights of way
to the District.
SCHEDULE A
Permanent easements and rights of way as follows:
Parcel 1-P That portion of Block “A”of the S.Tustin Tract,
in the City of Tus tin,County of Orange,State of California,as
shown on a map recorded in Book 1,Page 99 of Miscellaneous Record
Maps,in the office of the County Recorder of said County,together
with that portion of Block 18 of a part of Tustin City,as~shown
on a Map recorded in Book 4,Page 219,of Miscellaneous Records,in
the office of the County Recorder of I~s Angeles County,California,
described as a whole as follows:
Beginning at a point on the Westerly line of said Block 18,
S.00 14’30u E.300 feet from the Northwesterly corner thereof;
thence N.89°52’50’E.325.00 feet,on a line parallel with the
Northerly line of said Block 18;thence S.00 14’30”E.20.00 feet;
thence S.89°52’50”W.325.00 feet;thence N.00 14’30”W.20.00
feet to the point of beginning.
Parcel 2-P The Easterly 30.00 feet of that real property
more particularly described as follows:
That portion of Block 18 of a Part of Tustin City,in the City
of Tustin,County of Orange,State of California,as per map recorded
in Book 4,Pages 218 and 219 of Miscellaneous Records,In the office
of the County Recorder of I~s Angeles County,California,described
as follows:
Beginning at a point on the center line of Main Street (also
known as Fourth Street)easterly 190.00 feet from the center line
of D Street,as shown on said map;thence easterly 175.00 feet along
said center line of Main Street;thence southerly 340.00 feet
parallel with the center line of D Street;thence westerly 175.00
feet parallel with the center line of Main Street;thence northerly
340.00 feet parallel with the center line of D Street to the point
of beginning.
EXCEPT the northerly 40.00 feet thereof.
SCHEDULE A
SCHEDULE B
Temporary easements and rights of way as follows:
Parcel l—T That portion of Block “A”of the S.Tustin Tract,in
the City of Thstin,County of Orange,State of California,as shown on
•a map recorded In Book 1,Page 99 of Miscellaneous Record Maps,in the
office of the County Recorder of said County,together with that
portion of Block 18 of apart of Tustin City,as shown on a Map re
corded in Book 4,Page 219,of Miscellaneous Records,in the office of
the County Recorder of Los Angeles County,California,described as a
whole as follows:
Beginning at a point on the Westerly line of said Block 18,5.00
14’30”E.320.00 feet from the Northwesterly corner thereof;thence
N.89°52’50”E.355.00 feet on a line parallel with the Northerly
line of said Block 18;thence S.0°14’30”E.30.00 feet;thence S.
890 52’50”W.355.00 feet;thence N.00 14’30”W.30.00 feet to the
point of beginning.
Parcel 2-T That portion of Block “A”of S.Tustin Tract,In the
City.of Tustin,County of Orange,State of California,as shown on a
map recorded in Book 1,Page 99 of Miscellaneous Maps,in the office
of the County Recorder of said County,together with that portion of
Block 18 of a part of Tustin City,as shown on a map recorded in Book
4,Pages 218 and 219 of Miscellaneous Records,in the office of the
County Recorder of Los Angeles County,California,described as a
whole as follows:
Beginning at a point on the center line of Main Street 80.00 feet
wide,as shown on said map of a part of Tustin City,North 890 52’50”
East 365.00 feet from the intersection of said center line of Main
Street with the center line of D Street,as shown on said map;thence
South 00 14’30”East 390.00 feet parallel with said center line of D
Street;thence South 890 52’50”East 30.00 feet;thence North 0°14’
30”West 390.00 feet parallel with the Westerly line of said Block “A”
to the center line of said Main Street;thence South 89°52’50”West
30.00 feet to the point of beginning.
EXCEPT the Northerly 40.00 feet thereof.
SCHEDULE B