HomeMy WebLinkAboutResolution 1964 - 0022 �\ w
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RESOLUTION NO. 64-22-7
- AUTHORIZING CONDEMNATION IN
CONNECTION WITH ASSESSMENT DISTRICT NO. 3-A
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 7 OF ORANGE
COUNTY, CALIFORNIA, AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA (ASSESSMENT DISTRICT NO. 3-A)
The Board of Directors of County Sanitation District No. 7
of Orange County, California,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. That the Board of Directors of County Sanita-
tion 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 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 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
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; pro-
vided, 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,
blowoffs, 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
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for ingress to and egress from the work, together
with the right, upon completion of the construc-
tion 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 may be in the public interest
from time to time.
Section 5. That the Board of Directors of County Sanita-
tion District No. 7 of Orange County, California, hereby declares
its intention to acquire the property described in Section 2 here-
of by proceedings in eminent domain. That the law firm of Miller,
Nisson, Kogler & Wenke, 2014 North Broadway, Santa Ana, 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
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 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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Permnent easemats and rights of way needed in connection
with the cmuetruction of the work to be done in Asmazment
District Zoo. 3-As
FAKrL jA2* 7-3A 2c. `fie Southerly 25.00 feet of I+ot 150
Tract 2933, as shown on a map thereof recorded in Hoof 125,
pages 43 and 44 of mincellanoxms 8imps of Mange County,
CaLitornla.
P,UCZL 190, 7-3A-2d. They "uthsrly 25.U0 feet of tat 16,
-bract 2933. an shown on a msp thereof recorded in Book 125,
Pagee 43 and 44 of hiscellaneou s Kappa of Orange County,
California.
;N. 7-3A-2s. The Southerly 25,00 feet of Lot 17.
ztiract 2933, as shown on a map thereof recorded in Book 125,
Pages 43 and 44 of Miscellaneous pAps of or"e couAty,
California.
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The name. caPscities and desscriptims of all owwrs and other
claimats to the property sought to be ed bareia, insofar as
they are known to plaintiff, are hareiesfter set forth:
LAP
Tnii lli= L. NNeler musband Owner
Jeannette G. wheeles Wife owner
Rafts Freitag Individual Trustee
11he Northwestern Mutual Life
Z�nsurancr C=gww A Cm an Beneficiary
First American Title lnaur-
mice Z Trust Copp W A corp=ati4M Trustee
besc]c b Co.* Inc. A Cog!
oration scneficlary
Butler Forrywaa Ssbars,d Owner
Virginia Parryn �ktilG uw�aer
Security Title tasusatsaa'
Coma w , A corpmatian Trustee.
metropolitan Xd€e iasnrnnce
Cospawy = A corporatian twoUclary
SaWAOl V. GliksobU. Amer
rritsf M. Gli%wbu ftft vwnst
Rat" Preit Itsdividaal Trustee
This Nartbwateslh Mo tval Idle
Insurance QGNPWW. Y A anvoration Beneficiary
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MORA •a•
STATE OF CALIFORNIA)
) Ss.
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. 64*42, T
was regularly passed and adopted at a regular meeting of said Board
on the 13th day of MMUT , 196_4 by the following
vote, to wit:
AYES: Dmayp ski Hall# MVwe# Farts& 3L1:LVs.
NOES:
ABSENT: Maim*
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 day of VV 'M 196 4•
g � ,
ecretary, oar jo D vector-s- Of
County Sanitation Di0tr .mot--A a,
(of Orange County, ;C$-1if orniaY7-
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