HomeMy WebLinkAboutResolution 1962 - 0125RESOLUTION NO.62-125-7
AUTHORIZING CONDEMNATION IN
CONNECTION WITh CONTRACTS 7-3A-.L~A AND
7-5-2
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALI
FORNIA,AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF
ORANGE,STATE OF CALIFORNIA
(7_3A_Li.A and 7-5-2)
The Board of Directors of County Sanitation District No.7 of
Orange County,California,resolves as followB:
Section 1.That the Board of Directors of County Sanitation
District No.7 of Orange County,California,has found and deter
mined,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 there
to 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 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
purposes 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 ri~hts of the owners,their successors and assigns,
to use the surface of the land within the boundary lines of such
easements and rig.xts 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 o•r structure of any kind shall be
placed,erected or maintained thereon;
(b)No straets,alleys nor roadways shall be con
stru~ted 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;
(o)No fill aMli 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 ~.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,standplpe 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
—2—
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,equipment,and excavated and other
materials and supplies;together with the right to
excavate,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 con
struct a trunk sewer and works incident thereto,
including appurtenances,but not to exceed a
period of nine months.
(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 here
inabove 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,
Nieson,Kogler &Wenke,2014 North Broadway,Santa Aria,California,
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
-3—
SCHEDULE A
Permanent easements and rights of way needed in connection with
the Construction of Contract No.7-5-2:
Parcel 1-P A strip of land 20 feet in width lying within that
portion of the land allotted to Frederick ‘T.Koll as described in the
Final Decree of Partition of the Rancho Santiago de Santa Ana,a
certified copy of which was recorded September 12,1868 in Book B,
Page 410,of Judgments of the District Court of the Seventeenth
Judicial District in and for Los Angeles County,California,the
center line of which is the following described line:
Beginning at a point in the boundary line of the Net”pört Free
way right of way 10 feet westerly along the curve concave southerly,
having a radius of 1050.00 feet from the sbuthern terminus of that
course bearing S 19°23’16”W 345.30 feet as described in deed to
the State of California from Santa Ana Lumber Company and recorded
in Book 6063,Page 706,Records of Orange County,California,thence
N 16°43’32”E 337.78 feet,more or less,to a point in the north
line of the land described in the deed to the Santa Ana Lumber Co.
a partnership,recorded December 12,1960 in Book 5545,Page 99,
of Official Records,County of Orange,State of California.The
side lines of said easement to be lengthened or shortened to termi
nate in the said right of way boundary line of the Newport Freeway
and in the said north line of the Santa ~na Lumber Company land.
Parcel 2-P A strip of land 20 feet in width lying within that
portion of the land allotted to Frederick ~!.Koll as described in
the Final Decree of Partition of the Rancho Santiago de Santa Ana,a
certified copy of which was recorded September 12,1868 in Book B,
Page 410,of Judgments of the District Court of the Seventeenth
Judicial District in and for Los Angeles County,California,the
center line of which is the following described line:
SCHEDULE A -Page 1
Beginning at a point in the boundary line of the !~ewport
Freeway right of way 10 feet westerly along the curve concave
southerly,having a radius of 1050.00 feet from the southern terminus
of that course bearing S 19°23’16”W 345.30 feet as described in
deed to the State of California from Santa Ana Lumber Company and
recorded in Book 6063,Page 706,Records of Orange County,California,
thence N 16°43’32”E 337.7b feet,more or less to a point in the
north line of the land described in the deed to the Santa Ana
Lumber Company,a partnership,recorded December 12,19~0 in Book
5545,Page 99,of Official Records,County of Orange,State of Cali
fornia,being the true point of beginning for this description,thence
continuing N 16°43’32”E 119.14 feet,more or less,to a point in
the southwesterly line of the 50 foot wide right of way of the
Atchison,Topeka and Santa Fe Railway Company.The side lines of
said easement to be lengthened or shortened to terminate in the said
north line of the Santa Ana Lumber Company land and in the said south
westerly line of the right of way of the Atchison,Topeka and Santa
Fe Railway Company.
Parcel 4-P A strip of land lying within that portion of the
land allotted to Frederick ~‘J.Koll as described in the Final Decree
of Partition of the Rancho Santiago deSanta Ana,a certified copy
of which was recorded September 12,1868 in Book B,Page 410,of
Judgments of the District Court of the Seventeenth Judicial District
in and for Los Angeles County,California,the westerly and south
westerly boundary of which is the following described line:
Beginning at the northeast corner of the land described in a
deed to Cornelius Gorzeman and wife,recorded March 14,1935 in Book
740,Page 191,of Official Records,thence S 0°30’00”!~J 1262.16
feet more or less along the easterly line of said land of Cornelius
Corzeman to a point on a line parallel to and 60 feet northeasterly,
measured at right angles,from the northeasterly line of the right
SCHEDULE A -Page 2
of way of the Atchison,Topeka and Santa Fe Railway Company;thence
S 500 12’26”E 1104.60 feet,nore or less,along said parallel line
to its intersection with the ~:ester1y right of way line of the New
port Freeway on that certain course shown as S 13°47’11”W 872.04
feet in the Final Order-of Condemnation in the Superior Court of the
State of California in and for the County of Orange,Case No.93969,
Parcel 3,recorded in Book 5912,Pages 629 to 633 inclusive,offi
cial Records of Orange County,California,said easement being 10
feet in width,measured at right angles to,along the easterly side
of said course bearing S 0°30’00”W and 20 feet in width,measured
at right angles to,along the northeasterly side of said course
bearing S 50°12’26”E excepting therefroit the portion thereof
within the right of way for licFadden Street.The side lines of the
20 foot easement to be lengthened or shortened to terminate in the
said easterly line of Cornelius Corzeman and in the said westerly
right of way line of the Newport Freeway.
Parcel S-P A strip of land 10 feet in width lying within that
portion of the land allotted to Frederick “J.Koll as described in
the Final Decree of Partition of the Rancho Santiago de Santa Ana,
a certified copy of which was recorded September 12,1868,in Book B,
Page 410,of Judgments of the District Court of the Seventeenth
Judicial District in and for Los Angeles County,California,the
easterly boundary of which is the following described line:
Beginning at the northeast corner of the land described in a
deed to Cornelius Gorzeman and wife,recorded ~1arch 14,1935 in
Book 740,Page 191,of Official Records,thence S 00 30’00”‘~I
1262.16 feet more or less along the easterly line of said land of
Cornelius Gorzeman to a point on a line parallel to and 60 feet
northeasterly,measured at right angles,from the northeasterly line
of the right of way of the Atchison Topeka and Santa Fe !~ailway
Company,excepting therefrom the portion thereof within the right of
way for McFadden Street.
SCHEDULE A -Page 3
Permanent easements and rights of way needed.in connection with
the Construction of 7-4A,a portion of Contract No.7-3A-4A~
Parcel 1-P The Northerly 20.00 feet of that portion of Lot A,
Tract 541,per nap recorded in Book 26,page 14 of Miscellaneous
Maps of Orange County,of that porti~n of said Lot d-e.scribed in.a
deed recorded in Book 2812,page 95of Official -Records of said
County.
Parcel 2-P The Southweste-rly--1O.00 feet of thatportion of
Resubdivision ofBlockA and the East one-half of Block B of Ballards
Addition per map recorded in Bock l.~-page 89 of Miscellaneous Maps.
of Orange County lying northeasterly.of the line describedin a
deed recorded in Book 2812~page-~95 of Official Records of Orange
County.
Parcel 3-P The Southweste~1y -10.00 feet of that portion of
Lot 23 in Block B of Ballardts Addttion to the Town of Tustin City,-
as shown on Nap recorded 1n Book 29-,-page-22,of Miscellaneous
-
Records,.in the office of the County-Re-corder of Los Angeles County,
and that portion of the North half o Seventh-Street adjoining sai-d
Lot -23 onthe.South,abandoned by-order of the Board of Supervisors
of Orange County,dated ~arch 4,l89~,described.in a deed recorded
i.niook3772.,page236 of Official-Records of Orange County.
Parcel 4-P That portionof Lo-r22,BlockB,-Bal.lards Addition
per map recorded in.Book 2,page.142.-of 3liscellaneous Records of
•Los•Angeles County lying southweste.rly of a line parallel withand
distant Northeasterly 10.00 feet,measured at ri.ght~an~1es from the
--line described inthe-exception in~a--deed recorded in Book 2812,page
95 of Official Records of Orange County.
SCHEDULE A -Page 4
SCHEDULE B
Temporary easements and rights of way needed in connection with
the construction of Contract No.7-5-2:
Parcel l-T A strip of land lying within that portion of the
land allotted to Frederick N.Koll as described in the Final Decree
of Partition of the Rancho Santiago de Santa Ana,a certified copy
of which was recorded September 12,1868 in Book B,Page 410,of
Judgments of the District Court of the Seventeenth Judicial District
in and for Los Angeles County,California,being the westerly 30 feet
of a 40 foot strip of land,measured at right angles to,the easterly
line of which is the following described line:
Beginning at a point in the boundary line of the Newport Free
way right of way 10 feet westerly along the curve concave southerly,
having a radius of 1050.00 feet from the southern terminus of that
course bearing S 190 23’16”W 345.30 feet as described in deed
to the State of California from Santa Ana Lumber Company and recorded
in Book 6063,Page 706,Records of Orange County,California;thence
N 16°43’32”E 337.78 feet,more or less,to a point in the north
line of the land described in the deed to the Santa Ana Lumber
Company,a partnership,recorded December 12,1960 in Book 5545,
Page 99,of Official Records,County of Orange,State of California.
The side lines of said easement to be lengthened or shortened to
terminate in the said right of way boundary line of the Newport
Freeway and in the said north line of the Santa Ana Lumber Company
land.
Parcel 2-1 A strip of land lying within that portion of the
land allotted to Frederick W.IColl as described in the Final Decree
of Partition of the Rancho Santiago de Santa Ana,a certified copy
of which was recorded September 12,1868 in Book B,Page 410,of
Judgments of the District Court of the Seventeenth Judicial District
in and for Los Angeles County,California,being the westerly
SCHIRflUI.1~R -P~a~I
30 feet of a 40 foot strip of land,measured at right angles to,
the easterly line of which is the following described line:
Beginning at a point in the boundary line of the Newport
Freeway right of way 10 feet westerly along the curve concave
southerly,having a radius of 1050.00 feet from the southern termi
nus of that course bearing S 19°23’16”~J 345.30 feet as described
in deed to the State of Caliiornia from Santa Ana Lumber Company and
recorded in Book 6063,Page 706,-Records of Orange County,Califor
nia;thence N 16°43’32”E 337.78 feet,more or less,to a point
in the north line of the land described in the deed to the Santa Ana
Lumber Company,a partnership,recorded December 12,1960 in Book
5545,Page 99,of Official Records,County of Orange,State of
California,being the true point of beginning for this description;
thence continuing N 16°43’32”E 119.14 foet,nore or less,to a
point in the southwesterly line of the 50 foot wide right of way
of the Atchison,Topeka and Santa Fe Railway Company.The side
lines of said easement to be lengthened or shortened to terminate in
the said north line of the Santa Ana Lumber Company land and in the
southwesterly line of the right of way of the Atchison,Topeka and
Santa Fe Railway Company.
Parcel 3-T A strip of land 20 feet in width lying ~‘ithin that
portion of the land allotted to Frederick V.Koll as described in
the Final Decree of Partition of the Rancho Santiago de Santa Ama,
a certified copy of which was recorded September 12,1868 in Book B,
Page 410,of Judgments of the District Court of the Seventeenth
Judicial District in and for Los Angeles County,California,refer
enced to the following described line:
Beginning at the northeast corner of the land described in a
deed to Cornelius Gorzeman and wife,recorded March 14,1935 in
Book 740,Page 191,of Official Records,thence S 0°30’00”U
1262.16 feet,more or less,along the easterly line of said land
SCHEDULE B -Page 2
of Cornelius Gorzeman to a point on a line parallel to and 60 feet
northeasterly,measured at right angles,from the northeasterly
line of the right of way of the Atchison,Topeka and Santa Fe
Railway Company;thence S 500 12’26”E 1104.60 feet,more or less,
along said parallel line to its intersection with the westerly
right of way line of the Newport Freeway on that certain course
shown as S 13°47’11”N 872.04 feet in the Final Order of Condem
nation in the Superior Court of the State of California in and
for the County of Orange,Case No.93969,Parcel 3,recorded in
Book 5912,Pages 629 to 633 inclusive,Official liecords of Orange
County,California,said easement being a strip of land 20 feet in
width,measured at right angles to,along the southwesterly side
of said course bearing S 50°12’26”E and lying easterly of a line
parallel to and 660 feet westerly from the center line of Tustin
Avenue.The side lines of said 20 foot strip to be lengthened or
shortened to terminate in said parallel line and in said ~esterly
right of way line of the Newport Freeway.
Parcel 4-T Strips of land 20 feet in width lying wi.thin that
portion of the land allotted to Frederick N.~(oll as described in
the Final Decree of Partition of the Rancho Santiago de Santa Ana,
a certified copy of which was recorded September 12,1868 in Book B,
Page 410,of Judgments of the District Court of the Seventeenth
Judicial District in and for Los Angeles County,California,refer
enced to the following described line:
Beginning at the northeast corner of the land described in a
deed to Cornelius Gorzeman and wife,recorded t~!arch 14,1935 in
Book 740,Page 191,of Official Records;thence S 0°30’00”W
1262.16 feet,more or less,along the easterly line of said land of
Cornelius Gorzeman to a point on a line parallel to and 60 feet
northeasterly,measured at right angles,from the northeasterly
line of the right of way of the Atchison,Topeka and Santa Fe
SCHEDULE B -Page 3
Railway Company;thence S 50°12’26”E 1104.60 feet,more or less,
along said parallel line to its intersection with the westerly
right of way line of the Newport Freeway on titat certain course
shown as S 13°47’11”W 872.04 feet in the Final Order of Condem
nation in the Superior Court of the State of California in and for
the County of Orange,Case No.93969,Parcel 3,recorded in Book
5912,Pages 629 to 633 inclusive,Official Records of Orange County,
California,said easement being the easterly 20 feet of a strip of
land 30 feet in width,measured at rignt angles to,along the
easterly side of said course bearing S 0°30’00”i~,excepting
therefrom the portion thereof within the right of way for McFadden
Street,and a strip of land 20 feet in width,measured at right
angles to,along the southwesterly side of said course bearing S
50°12’26”E.The side lines of the said last 20 foot strip to
be lengthened or shortened to terminate in the said easterly line
of Cornelius Corzeman and in the said westerly right of way line
of the Newport Freeway.Excepting from said last 20 foot strip
that portion of said strip lying easterly of a line parallel to
and 660 feet westerly from the center line of Tustin Avenue.
SCHEDULE B -Page 4
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 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 ~nd 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 7.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
Di st ri c t.
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,Jean Bankaton,Secretary pro tern of the Board of Directors
of County Sanitation District No.7 of Orange County,California,do
hereby ~e’rtify that the above and foregoing Res~lution No.62-125-7
was regularly passed and adopted at an adjourned regular meeting of
said Board on the 21st day of September,1962,by the following vote,
to wit:
AYES:Directors Parks,Humeston,Cook,Hall and Meyers
NOES:None
ABSENT:Director Phillips
IN WITNESS WHEREOF,I have~hereunto set my hand and affixed the
official seal of County Sanitation District No.7 of Orange County,
California,this 21st day of September,1962.
Seer ry pro tern o the Board o
Dire ors of County Sanitation Dist
rict No.7 of Orange County,California