HomeMy WebLinkAboutResolution 1964 - 0047RESOLUTION NO.64-47-7
AUTHORIZING CONDEMNATION IN
CONNECTION WITH CONTRACT NO.?-lE
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
(7-1E REVISED)
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 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 “Afl and 11BT attached hereto and made a part
hereof as though set out in full herein.
Section 3.That the permanent easements and rights of way
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above described and ~necessary to be acquired shall be acquired
subject to the rights of the owners,their successors an~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 1~ind 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 k.That the permanent easements and rights of way
to be acquired shall include:
(a)The right to construct manholes,air valves,blow
offa,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
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and 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
otherwise provided,in aid of the construction of
the trunk sewer or sewers of the District.
(b)That 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 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
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,Kogler &Wenke,2Ol~~North ~‘oadway,.Santa Ana,California,
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be and it is hereby authorized and direct~d 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 prose
cuted in accordance with the provisions of law applicable thereto,
That said attorneys are authorized and instructed to make applica
tion 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,Cali
fornia 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 recei,pt 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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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.6’~—’7—7 was regularly passed and adopted at
a regular meeting of said Board on the 11th day of March
196 ~
,by the following vote,to wit:
AYES:Directors Doney,Cook,Hall,Meyers,~Parks
and Phillips.
NOES:None
ABSENT:None
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 11th day of March
196 It
.
Fred A.Harper,Secreta y,Board of
Directors of County Sanitation District
No.7 ,
of Orange County,California
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SCHEDULE A
Permanent easements and rights of way needed in connection
with the construction of Contract No.7—l—E Revised:
Parcel 1—P
A portion of the SW—l/11 of Section 311,T.5 S.,R.10 W.,
S.B.M.
A permanent easement 20 feet in width,lying 10 feet on
each side of the following described center line:
Beginning at a point on the North line of Gisler Avenue,
N
60.00 feet in width,said point being 2235.00 feet Westerly of the
centerline of Fairview Road,60.00 feet in width,as described in
right of way deed recorded In Book 2711,page 357 of Deeds,Records
of Orange County,California,and measured along said North line
of Gisler Avenue;thence North and perpendicular to the said North
line of Gisler Avenue,a distance of 700.00 feet.
Parcel 2—P
A portion of’Section 35,T.5 S.,R.10 W.,S.B.M.
A permanent easement 20.00 feet in width,lying 10.00 feet
on each side of the following described centerline:
Beginning at a point on the Southerly line of said Section
35,said point being 120.00 feet Easterly,measured along said
Southerly line,from the centerline of Bear Street,50.00 feet in
width;thence Northerly and parallel to said centerline of Bear
Street,a distance of 3110.00 feet;thence Westerly,and parallel
to said Southerly line of Section 35,260.00 feet.
SCHEDULE A —Page 1
Parcel 3—P
A portion of the South half (3—1/2)of Section 36,T.5 S.,
R.10 W.,S.B.M.
A permanent easement 20.00 feet in width,lying 10.00 feet
on each 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 Bristol
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 1~00.00 feet.
Parcel 1j...p~
A portion of Section 36,T.5 S.,R.10 W.,S.B.M.
A permanent easement over the Easterly 20.00 feet of the
Westerly lZU.8.96 feet of that portion of Section 36,T.5 S.,
R 10 W.,in the land allotted to James ?lcFadden in Decree of
Partition of the Rancho Santiago de Santa Ana,recorded in Book B
of Judgments of’the Seventeenth Judicial District Court of Los
Angeles County,California,located in the County of Orange,State
of California,described as follows:
Beginning at a point on the North line of Lot ~of the
Berry Rancho,as per map recorded in Book 9,page 7 of Miscellaneous
Records,in the ~office of the County Recorder of said Los Angeles
County,South 89°51’East 215.00 feet from the Northwest corner
thereof;thence North 0°26’East,21~.95 feet to a fence corner as
described in Parcel 3 in the deed to Santa Ana Sugar Company,a
corporation,recorded February Z~,1918 in Book 318 page 1 of Deeds
of said Orange County;thence North 0°03’East,26110.70 feet along
fence line as described in Parcel 3,in said deed to the South line
SCHEDULE A —Page 2
(description of Parcel LI—P continued from Page 2.)
of the land conveyed to H.H.Wakeham by deed recorded in Book l2LI
page 88 of Deeds,of said Los Angeles County;thence South 89°
Lj1t 15”East 38811.20 feet along the said South line to the East
quarter corner of said Section 36;thence South 0°39’115”West,
713.20 feet along the East line of said Section to a point North
500 West,80.00 feet from the Northwesterly line of the Irvine’s
Subdivision,as per map recorded in Book 1,page 88 of Miscellaneous
Maps,in the office of the County Recorder of said Orange County;
thence South 390 118’West,2531.57 feet along a line parallel with
and North 50°West,80.00 feet from the Northwesterly line of said
Irvine’s Subdivision,to the North line of said Lot Il;thence North
890 51’West,2259.70 feet along the said North line to the point
of beginning.
SCHEDULE A —Page 3
SCHEDULE B
Temporary easements and rights of way needed in connection
with the construction of Contract No.7—l—E Revised:
Parcel l—T
Temporary easements of 10.00 feet in width,Westerly of and
adjoining the permanent easement,and 30.00 feet In width,Easterly
of and adjoining the permanent easement described as Parcel 1—P in
Schedule A.
Excepting from each easement that portion within the right
of way of the future San Diego Freeway.
Parcel 2—T
Temporary easements of 10.00 feet in width,Westerly and
Southerly of and adjoining the permanent easement,and 30.00 feet
In width Easterly and Northerly of and adjoining the permanent
easement described as Parcel 2.-P in Schedule A.
Excepting from each easement those portions within the
right of way of the future San Diego Freeway and the right of way
of Bear Street.
Parcel 3-T
Temporary easements of 10.00 feet in width,Westerly of and
adjoining the permanent easement,and 30.00 feet in width,Easterly
of and adjoining the permanent easement described as Parcel 3—P in
Schedule A.
Excepting from each easement that portion within the right
of way of the future San Diego Freeway.
SCHEDULE B —Page 1
Parcel a-TA
A Temporary easement over the 30.00 feet of real property
lying Westerly of and adjoining Parcel i~~P as described in
Schedule A.
Excepting from the easement those portions within the right
of way of the future San Diego Freeway and the right of way of
Sunflower Avenue.
Parcel a-TB
A Temporary easement over the 20.00 feet of real property
lying Easterly of and adjoining Parcel ~—P as described in
Schedule A.
Excepting from the easement those portions within the right
of way of the future San Diego Freeway and the right of way of
Sunflower Avenue.
SCREDULE B -Page 2