HomeMy WebLinkAboutResolution 1963 - 0176RESOLUTION NO.63-176-7
AUTHORIZING CONDEMNATION IN
CONNECTION WITH ASSR~SSME~4T DISTRICT NO.4
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7 OF ORANGE
COUNTY CALIFORNIA AUTHORIZING AND DIRECTING
THE CO~DEMNATION O~CERTAIN REAL PROPERTY SITUATED
IN THE COUNTY OF ORANGE STATE OF CALIFORNIA
(ASSESSMENT DISTRICT NO.4.)
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 Sani
tation 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 ac
quisition,construction,completion,operation and mainte
nance 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 struc
tures for the transporting and receipt of sewage and indus
trial wastes for the purpose of transportation,treating and
disposing of said sewage and industrial wastes arising with
in 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 sit
uated 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
—1—
way above described and necessary to be acquired shall be
acquired subject to the rights of the owners~their succes
sors 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 ~nd free exercise of said
easements and rights of way;provided,howevei~,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 ~.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 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 Board of Directors of County Sani
tation 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,2014 North
Broadway,Santa Aria,California,be and it is hereby author
ized and directed to commence an action in the Superior Court
of the State of California in and for the County ~f 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 condemn
ing and acquiring said properties for the use of .said County
Sanitation District;that said condemnation action shall be
prosecuted in accordance with the provisiorsof law applicable
thereto.That said attorneys are authorized and instructed
to make application to said Court for an order fixing the
amount ~f 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 posses
sion and use of said real property forthe 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.
—3—
SCHEDULE “A
Permanert easements ahd rights o~way needed in connection with
the construction of the work to be done in Assessment District No.4:
PARCEL 7-4-1 The Southeasterly 10.00 feet of that portion of
Lot 14,Tract No.3119 per map thereof recorded in Book 102,Page 33
of Miscellaneous Maps of Orange County,California,adjacent to
Lot 15 of said Tract.
PARCEL 7-4—2a That portion of Lot 14,Block 12 of Irvine’s
Subdivision as shown on a map thereof recorded in Book 1,Page 88 of
Miscellaneous Maps,Records of Orange County,California,within a
strip of land 10.00 feet in width,lying 5.00 feet on either side of
the following described Line:
Beginning at the intersection of the southwesterly extension of
a line that is parallel with and distant northwesterly 4.00 feet,at
right angles,from the centerline of Dean Street as shown on a map
of Tract No.3858 recorded in Book 142,Page 44 of Miscellaneous
Maps of said Orange County with the southwesterly line of said Tract;
thence South 39 54’18”West along said parallel line 198.00 feet.
Excepting therefrom that portion lying northeasterly of the
southwesterly line of the Orange County Flood Control District right
of way.
PARCEL 7—4-2b That portion of Lot 14,Block 12 of Irvine’s
Subdivision as shown on a map thereof recorded in Book 1,Page 88 of
Miscellaneous Maps,Records of Orange County,California within a
strip of land 10.00 feet in width,lying 5.00 feet on either side of
the following described Line:
Beginning at the intersection of the sot~thwesterly extension of
a line that is parallel with and distant northwesterly 4.00 feet,at
right angles,from the centerline of Dean Street as shown on a map
•of Tract No.3858 recorded in Book 142,I~age 44 of Miscellaneous Maps
of said Orange County with the southwesterly line of said Tract;
thence South 39°54’18”West along said pavaUel line 198.00 feet.
Excepting therefrom that portion ly4ng southwesterly of the
SCHEDULE “A —page 1
southwesterly line of the Orange County Flood Control District right
of way,and also excepting that portion lying northeasterly of the~
northeasterly line of said Orange County Flood Control District
right of way.
PARCEL 7-4-2c That portion of I~t 14,Block 12 of Irvine’s
Subdivision as shown on a map thereof recorded in Book 1,Page 88 of
Miscellaneous Maps,Records of Orange County,California within a
strip of land 10.00 feet in width,lying 5.00 feet on either side of
the following described Line:
Beginning at the intersection of the southwesterly extension of
aline that is parallel with and distant northwesterly 4.00 feet,at
right angles,from the centerline of Dean Street as shown on a map
of Tract No.3858 recorded in Book 142,Page 44 of Miscellaneous Maps
of said Orange County with the southwesterly line of said Tract;
thence South 39°54’18’West along said parallel line 198.00 feet.
Excepting therefrom that portion lying southwesterly of the
northeasterly line of the Orange County Flood Control District right
of way.
PARCEL 7.~.4—3 That portion of Z~t 320,Block 43 of Irvine’s
Subdivision as shown on a map thereof recorded in Book 1,Page 88 of
Miscellaneous Maps of Orange County,California,within a strip of
land 15 feet in width,the northerly line of which is described as
follows:
Beginning at the intersection of the southeasterly line of Tract
No.2943 as shown on a map thereof with the centerline of Fairweather
Road as shown on a map of Tract No.2943 recorded in Book 98,Pages
38 to 41 of said Miscellaneous Maps;thence along an extension of
said centerline South 50°00’21”East 128.99 feet to the south
westerly extension of a line that is parallel with and distant north
westerly 10.00 feet at right angles from the intersection of center
line of Theta Road with the southwest line of Tract No.2806 as shown
on a map thereof recorded in Book 132,Pages 48 —50;thence North
40°02’06’East 174.90 feet along said parallel line to said south
west boundary.
S~RRDULE “A”-Page 2
PARCEL 7-4-4a.That portion of lot 337,Block 1.3 of the Irvine
Subdivision as shown on a map recorded in Book 1,Page 88 of Miscel
laneous Record Maps of Orange County,California,within a strip of
land 15 feet in width,the southwesterly,southeasterly,and easterly
lines of which are respectively described as follows:
Beginning at the intersection of the northeasterly prolongation
of the southeasterly line of lot 27 of Tract No.2925 as shown on a
map thereof recorded in Book 88,Page 31 of Miscellaneous Maps of
orange County with a line parallel with and distant southwesterly
10.00 feet,at right angles,from the centerline of Rainbow Drive as
shown on said map of Tract No.2925;thence South 49°57’30”East
along said para].lelline 95.79 feet;thence North 40 02’30”East
parallel with the southeast line of said tract to the southerly
prolongation of the easterly line of lot 38 of Tract No.1821;as
shown on a map thereof recorded in Book 54,Page 45 of Miscellaneous
Maps of said Orange County;thence North 10°37S 50”West along said
prolongation to the southerly corner of said lot 38.
The westerly line of the above-described strip of land shall be
prolonged so as to terminate in the southwesterly line of said
lot 38.
PARCEL 7-4-4b The northeasterly 15.00 feet of lot 38 of Tract
No.1821,as shown on a map recorded in Book 54,Pages 44 and 45 of
Miscellaneous Maps,records of Orange County,California.
PARCEL 7-4-5a The Northerly 15.00 feet of lot 32,Tract No.
182].per map thereof recorded in Book 54,Pages 44 and 45 of Miscel
laneous Maps of Orange County,California.
PARCEL 7-4-5b A strip of land fifteen (15)feet in width
lying 9.00 feet southerly and 6.00 feet northerly of the following
described Line:
Beginning at the intersection of the south line of the northerly
6.00 feet of lot 32,Tract 1821,per map thereof recorded in Book 54,
Pages 44 and 45 of Miscellaneous Maps of Orange County,with the
west line of the Orange County Flood Control District right of way;
SCHEDULE “A”—Page 3
thence southeasterly to the southwest corner of lot 6~Tract 1703,
per map theteof recorded in Book 51,Page 45 of said Miscellaneous
Maps.
PARCEL 7—4—Sc The Southerly 6.00 feet of the following
described property:
I~t 6 and that portion of lot 7 lying northerly of a line
beginning at the most westerly corner of said lot 6,thence South
-‘74°08’00”East 77.73 feet to Lexnona Lane,of Tract No.1703,as
shown on a map recorded in Book 51,Page 45 of Miscellaneous Maps,
records of Orange County,California.
PARCEL 7-4-5d The Northerly 9.00 feet of the following
described property:
lot 7 of Tract No.1703,as shown on a map recorded in Book 51,
Page 45 of Miscellaneous Maps,records of Orange County,California.
Excepting from said lot 7 that portion lying northerly of a
line which begins at the most westerly corner of lot 6;thence South
74°08’00”East 77.73 feet to Lemona Lane as shown on a map of said
Tract.
Also excepting therefrom that portion included in the land
described in a deed to Orange County Flood Control District recorded
June 29,1962,in Book 6161,Page 808 of Official Records of Orange
County,California.
PARCEL 7-4-6a That portion of the Southeasterly half of
Lot 345 in Block 13 of Irvine’s Subdivision,as per map recorded in
Book 1,Page 80 of Miscellaneous Maps,in the office of the County
Recorder of Orange County,California.described as follows:
The Southeast 30.00 feet of the Northwest 539.39 feet of the
Northeast 110.00 feet of the Southwest 140.00 feet of the southeast
half of said lot 345.
PARCEL 7-4-6b That portion of the Southeasterly half of
lot 345 in Block 13 of Irvine’s Subdivision,as per map recorded in
Book 1,Page 00 of Miscellaneous Maps,in the office of the County
Recorder of Orange County,California,described as follows:
SCHEDULE “A”-Page 4
The Southeast 30.00 feet of the Northwest 539.39 feet of the
Northeast 105.00 feet of the Southwest 245.00 feet of the southeast
half of said Lot 345k
PARCEL 7-4-6c That portion of the Southeasterly half of
Lot 345 in Block 13 of Irvine’s Subdivision,as per map recorded in
Book 1,Page 00 of Miscellaneous Maps,in the office of the County
Recorder of Orange County,California,described as follows:
The Southeast 30.00 feet of the Northwest 539.39 feet of the
Northeast 100.00 feet of the Southwest 345.00 feet of the southeast
half of said Lot 345.
PARCEL 7-4-7 The Northwesterly 10.00 feet of that portion of
Lot 75,Tract No.3358 per map thereof recorded in Book 123,Page 32
of Miscellaneous Maps of Orange County,California,lying adjacent
to Lot 76 of said Tract.
SCHEDULE “A”—Page 5
STATE OF CALIFORNIA)
)SS
COUNTY OF ORANGE )
I,FRED A.HARPER,Secretary of the Board of Directors
of County Sanitation District No.~of Orange County,Calif
ornia,do hereby certify that the above and foregoing Resolution
No.63—176—7 was regularly passed and adopted at a regular meeting
of said Board on the 13th day of November,1963,by the
following vote,to wit:
AYES:DIrectors Doney,Hubbard,Meyers,Parks and Featherly
NOES:None
ABSENT:Director Cook
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed the official seal of County Sanitation District No.7
of Orange Coi.~nty,California,this 13th day of November,1963.
cretai’y,‘of~~~or~of
County Sanitation District No.
of Orange County,California