HomeMy WebLinkAboutResolution 1964 - 0067RESOLUTION NO.6Ll-~67-7
AUTHORIZING CONDEMNATION IN
CONNECTION WITH ASSESSMENT DISTRICT NO.2
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.2)
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,
t.reating 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 particu
larly 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 owners1 their successors and assigns1
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 ~.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
°°nnection 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
—2—
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,2Ol1~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.
—3—
1 RIGHT OF WAY EASEMENT DESCRIPTION FOR ASSESSMENT DISTRICT NO.2,SANITATION DISTRICT
2
NO.7 OF ORANGE COUNTY.
EASEMENT NO.7—2—1
7—2—la The Northeasterly 5.00 feet of that portion of Lot 11,Tract 1743,as
5
shown on a map thereof,recorded in Book 51,page 2 of Miscellaneous
8
Maps of Orange County,California.lying southeasterly of Cameron
Lane as shown on said map.
8 7—2—lb The Northeasterly 5.00 feet of Lot 9,Tract 17k3.as shown on a map
9
thereof,recorded in Book 5),page 2 of Miscellaneous Maps of Orange
10 County,California.
Prepared by,
12
BOYLE AND ~~
13
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Win I.Keer ,L’S-V2383
WI K:pp
J.N.8435.2
3-26-64
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SCHEDULE A —Page 1
1 RiGHT OF WAY EASEMENT DESCRIPTION FOR ASSESSMENT DISTRICT NO.2,
2 SANITATION DISTRICT NO.7 OF ORANGE COUNTY
~EASEMENT 7-2-2
4 7—2—2.The Northerly and Northeasterly 15.00 feet of that portion of Lot 11
5 of the Vanderl ip and Rc~an Tract,as shc*iin on a map thereof,recorded
6 in Book 5,page 160 of Miscellaneous Records of Los Angeles County,
California,described in a deed recorded January 8,1958 In Book 4158,
8
page 460,of Official Records Orange County,California.
Excepting therefrom that portion within NeWport Avenue.
10 7—2—2b /The Southerly 10 feet of Lot 26 of the Vanderlip and R~an Tract,as
11 sh~sn on a map thereof,recorded in Book 1,page 27 of Miscellaneous
12 Maps of Orange County,California.
13 Except the Westerly 223.62 feet and the Easterly 122.61 feet.
14 7-2-2c1/The East 10.00 feet of the West 113.62 feet of the North 96.5)feet
15 of the South 183.49 feat of Lot 26 of the Vanderlip end R~an Tract,
16 in the county of Orange,state of California,as per map recorded
17 In Book 1,page 27.of Miscellaneous Record Maps,in the office of
18 the county recorder of said county.
19 Said landis includedwithin thearea sh~inonamap filed in Book 15,
20
page 25 of Record of Surveys,in the office of said county recorder.
21 7—2—2c2 The easterly 20.00 feet of the westerly 123.62 feet of the southerly
86.98 feet of Lot 26 of the Vanderlip and Rowan Tract,in the county
23 of Orange,state of California,as per a Supplementary Map recorded
In Book I,page 27 of Miscellaneous Record Maps,in the office of
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the county recorder of said county.
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EXCEPT the easterly 10.00 feet of the northerly 36.98 feet thereof.
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Said land is inciuded within the area sh~n on a map f lied In
28 Book 15.page 25 of Record of Surveys,In the office of said
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county recorder.
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7—2—2c3 The North 50.00 feet of the South 100.00 feet of the Vest 10.00 feet
31 of the East 110.00 feet of the West 225.00 feet of Lot 26 of the
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Vanderlip and RGran Tract,in the county of Orange,state of California,
SCHEDULE A —Page 2
1 RIGHT OF WAY EASEMENT DESCRIPTION FOR ASSESSMENT DISTRICT NO.2,
2 SANITATION DISTRICT NO.7 OF ORANGE COUNTY (Continued)
3 as sh~n on a Supplementary Map recorded in Book 1,page 27 of
4 Miscellaneous Record Maps,in the office of the county recorder of
5 said county,and the South 10.00 feet of the East 100.00 feet of
6 the West 225.00 feet of said Lot 26.Said westerly 225.00 feet
7 being measured along the northerly line of said lot.
8 Said land is included within the area sh~n on a map filed in
9 Book 15,page 25 of Record of Surveys,in the office of said
10 county recorder.
11 7—2—2d/The Easterly 10 feet of the Westerly 123.62 feet of the Northerly 200
12 feet of the Southerly 300 feet of Lot 26 of the Vanderlip and Rowan
13 Tract,as shown on a map thereof,recorded in Book I,page 27 of
14 Miscellaneous Maps of Orange County,California.
15 7~2-2eL/The Easterly 10 feet of the Westerly 113.62 feet of the Northerly
16 116.51 feet of the SoutherLy 300 feet of Lot 26 of the Vanderlip
17 and Rowan Tract,as shown on a map thereof,recorded in Book I,
18 page 27 of Miscellaneous Maps of Orange County,California.
19 Prepared by,
20 ~i~LE AND
Win I.~—1~e%rl,L.S.2383
23 WIK:pp
J.N.8435.2
24 W-509
25.
Rev.5-15-64
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SCHEDULE A —Page 3
2
2.RIGHT OF WAY EASEMENT DESCRIPTION FOR ASSESSMENT DISTRICT NO.2,SANITATION DISTRICT
2 NO.7 OF ORANGE COUNTY
3 EASEMENT 7—2—3
4 7—2—3a /The Southerly 66 feet of the Westerly 30 feet of the Easterly 122.61 feet
5 of Lot 26 of the Vanderlip end Rowan Tract,as shown on a map thereof,
6 recorded in Book 1,page 27 of Miscellaneous Maps of Orange County,
7 California.
8 7—2—3b ~The Northerly 75.8 feet of the Southerly l~l.8 feet of the Westerly 30
9 feet of the Easterly 122.61 feet of Lot 26 of the Vanderlip and Rowan
10 Tract,as shown on a map thereof,recorded in Book 1,page 27 of
11 Miscellaneous Maps of Orange County,California.
12 7—2-3c The Northerly 75.8 feet of the Southerly 217.6 feet of the Westerly 30 feet
13 o~the Easterly 122.61 feet of Lot 26 of the Vanderlip and Rowan Tract,
14 as shown on a iflap thereof,recorded in Book 1,page 27 of Miscellaneous
15 Maps of Orange County,CalIfornia.
16 7—2-3d The Northerly 75.8 feet of the Southerly 293.k feet of the WeSterly
17 30 feet of the Easterly 122.61 feet of Lot 26 of the Vanderlip and Rowan
18 Tract,as shown on a map thereof,recorded In Book I,page 27 of
19 Miscellaneous Maps of Orange County,California.
20 7-2—3e The Northerly 75.8 feet of the Southerly 369.2 feet of the Westerly
21 30 feet of the Easterly 122.61 feet of Lot 26 of the Vanderlip and Rowan
22 Tract,as shown on a map thereof,recorded in Book 1,page 27 of
23 Miscellaneous Maps of Orange County,California.
24 7—2—3f The Northerly 75.8 feet of the Southerly L145 feet of the Westerly 30 feet
25 of the Easterly 122.61 feet of Lot 26 of the Vanderlip and Rowan Tract,
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as shown on a map thereof,recorded in Book 1,page 27 of Miscellaneous
27 Maps of Orange County,California.
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31 WIK:pp ,L.S.2383
J.N.8Le35.2
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Prepared by,
SCHEDULE A —Page 1
i !IONT OF WAY EASEMENT DESCRIPTION FOR ASSESSMENT DISTRICT NO.2,SANITATION
DISTRICT NO.7 OF ORANGE COUNTY
2
3 EASEMENT 7-2-k
4 7—1—k.The Easterly 20.00 feet of the most Southerly (of three)81e.OO-foot—wide
parcel of land in the Vanderlip and Rowan Tract,per “supplementary map”
8 thereof,recorded in Book I,page 27 of Miscellaneous Maps,in the office
7 of the recorder of Orange County,shown on a map recorded in Book 5k,
8 page 26 of Records of Survey of said County.
9 7—2—kb The Southerly 8k.00 feet of that certain “20-foot road easement”in the
10 Vanderlip and Rowan Tract,per “supplementary map”thereof,recorded in
11 Book 1,page 27 of Miscellaneous Maps,in the office of the Recorder of
12 Orange County,shown on a map recorded in Book 5k,page 26 of Records of
13 Survey of said County.
14 7—2—Lic The Northerly 8k.OO feet of the Southerly 168.00 feet of that certain
15 “20—foot road easement”in the Vanderlip and Rowan Tract,per “supplement—
18 ary map”thereof,recorded in Book I,page 27 of Miscellaneous Maps,in the
•17 office of the Recorder of Orange County,shown on a map recorded in Book
18 5k,page 26 of Records of Survey of said County.
19 7.2—Lid CAll except the Southerly 168.00 feet of that certain “20—foot road
•20 easement “in the Vanderlip and Rowan Tract,per “supplementary map”
21 thereof,recárded in Book I,page 27 of Miscellaneous Maps,in the office
22 of the Recorder of Orange County,shown on a map recorded i-n Book 5k,page
23 26 of Records of Surveyof said County.
24 7_2_LI.e The Southerly 50.1 feet of the Easterly one—half of that certain “30-foot
25.road easement”in the Vanderlip and Rowan Tract,per “supplementary
•.26 map”thereof,recorded in Book 1,page 27 of Miscellaneous Maps,in the
27 office of the Recorder of Orange County,shown on a map recorded in
28 Book 54,page 26 of Records of Survey of said Count~.
29 7—2—Lif The Southerly 110.00 feet of the Westerly one-half of that certain
30 “30-foot road easement”in the Vanderlip and Rowan Tract,per
31 “supplementary map”thereof,recorded In Book 1,page 27 of Miscellaneous
32 Maps,in the office of the Recorder of Orange County,shown on a
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SCHEDULE A —Page 5
1 RIGHT OF WAY EASEMENT DESCRIPTION FOR ASSESSMENT DISTRICT NO.2.SANITATION
DISTRICT NO.7 OF ORANGE COUNTY (Easement 7-2-k continued)
2
3 map recorded In Book 5k,page 26 of Records of Survey of said County.
4
5 Prepared by,
8 ~YLEA L RY
8 Win •er ,L.S.2383
9 WIk:pp
J.N.81e35.2
10 32644
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SCHEDULE A -Page 6
1 RIGHT OF WAY EASEMENT DESCRIPTION FOR ASSESSMENT DISTRICT NO.2.SANITATION,
DI$TRICT NO.7 OF ORANGE COUNTY.
2
5 ~GHENT 7-2-S
4 7—2.5.That portion of the land described in a deed recorded in Book 3039,page
5 243 of Official Records of Orange County,lying northwesterly of the
8 followIng described line:
7 Beginning at the west corner of that portion of Lot I,Block 12,Irvine’s
8 Subdivision,per map recorded in Book I,page 88 of Miscellaneous Naps,
9 of Orange County,said portion being shown as “Atchison,Topeka and Santa
10 Fe Railway right of way,as per deed recorded in 302—16k Deeds,25 June
11 1917”on a map recorded In Book 32,page 16 of Records of Survey of said
12 County,and running thence North 39 50’05”East along the tangential
13 portion of the southeast line of Newport Avenue,as shown on said Record of
14 Survey Map,and the northeasterly extension thereof to the south line of
15 Fourth Street.
18 7—2.5b That portion of the land described in a deed recorded in Báok 2786,page
17 279 ofOfficial Records of Orange County,lying northwesterl.y of the
18 following described line:
19 Beginning at the west corner of that portion of Lot 1,Block 12,Irvine’s
20 Subdivision,per map recorded in Book I,page 88 of Miscellaneous Maps,
•21 of Orange,County,said portion being shown as “Atchison,Topeka and Santa
22 Fe Railway right of way,as per deed recorded in 302—164 Deeds,25 June
23 1917”on a map recorded in Book 32,page 16 of Records of Survey of said
24 County,and running thence North 39’50’05”East along the tangential
25.portion of thesoutheast line of Newport Avenue,as shown on said Record
•.28 of Survey Map,end the northeasterly extension thereof to the south line
27 of Fourth Street.
28 7.2—5c Those portions of the land described in a deed recorded in Book 2055,page
29 123 and Book 1798,page 311 of Official Records of Orange County,lying
northwesterly of the following described line:
•31 Beginning at the weit corner of that portion of Lot 1,Block 12,Irvine’s
•32 :$ubdivision,per map recorded in Book 1,page 88 of Miscellaneous Maps,
SCHEDULE A —Page 7
1 RIGHT OF WAY EASEMENT DESCRIPTION FOR ASSESSMENT DISTRICT NO.2,SANITATION
DISTRICT NO..7 OF ORANGE COUNTY.(Easement 7-2-5 contInued)
2
3 of Orange County,said portion being shown as “Atchison,Topeka and Santa
4 Fe Railway right of way,as per deed recorded in 302—16k Deeds,25 June
5 1917”on a map recorded in Book 32,page 16 of Records of Survey of said
8 County,and running thence North 390 50’05”East along the tangential
7 portion of the southeast line of Newport Avenue,as shown on said
8 Record of Survey Map,and the northeasterly extension thereof to the
9 south line of Fourth Street.
10 7—2—5d That portion of the land described in a deed recorded in Book 878.page
11 511 of Official Records of Orange County,lying northwesterly of the
12 following described line:
13 Beginning at the west corner of that portion of Lot 1,Block 12,Irvine’s
14 Subdivision,per map recorded in Book 1,page 88 of Miscellaneous Maps,
15 of Orange County,said portion being shown as “Atchison,Topeka and Santa
18 Fe Railway right of way,as per deed recorded in 302-161.Deeds,25 June
17 1917”on a map recorded In Book 32,page 16 of Records of Survey of said
18 County,and running thence North 39 50’05”East along the tangential
19 portion of the southeast line of Newport Avenue,as shown on said Record
20 of Survey Map,and the northeasterly extension thereof to the south line
21 of FourthStreet.
22 Prepared by,
25
4~~,~E.S.2383
.28 WIK:pp
J.N.81.35.2
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SCHEDULE A —Page 8
1 RIGHT OF WAY EASEMENT DESCRIPTION FOR ASSESSMENT DISTRICT NO.2,SANITATION DISTRICT
NO.7 OF ORANGE COUNTY.
2
3 EASEMENT 7-2.6
4 7—2—6a The Easterly 2.50 feet of Lot 15,Tract 3793,as shown on a map thereof,
5 recorded in Book 13k,pages 15 and 16 of Miscellaneous Maps of Orange
6 County1 California.
7 7—2—6b The Westerly 2.50 feet of Lot 16,Tract 3793,as shown on a map thereof,
8 recorded in Book 134,pages 15 and 16 of Miscellaneous Maps of Orange
9 County,California.
10 7—2—6c That portion of Lot 16 as said Lot 16 is shown on a supplemental map of the
11 Vanderllp and Rowan Tract,recorded in Book I,page 27 of ifiscellaneous Maps
12 of Orange County,California,within a strip of land,15 feet in width,the
13 southerly and easterly lines of which are described as follows:
14 BeginnIng at a point in the southerly line of said Lot 16 distant South
15 83 51’00”East,thereon,150 feet from the southwest corner of said
16 Lot;thence South 830 51’00”East along said south line 70.43 feet;.thence
17 North 7 18’35”East 70.00 feet to the southerly boundary of that strip of
18 lend shown as “Proposed Road and Public Utility Easement”as shown on a map
19 recorded In Book 70,page 46 of Records of Survey of Orange County,Californi
20 7—2—6d That certain strip of land shown as “Proposed Road and Public Utilities
21 Easement”shown on a map recorded in Book 70,page 46 of Records of Survey
22 of Orange County,California.
23 7—2.6e~,.That portion of Lot 19,as shown on supplemental map ofVanderlip and Rowan
24 Tract,recorded in Book 17,page 73 of Miscellaneous Records of Los Angeles
25.County,California,described as follows:
.26 BegInning at a point in the east line of said Lot 19 dIstant South 0 22’32”
27 East 300.72 feet from the north terminus thereof;thence North 84’15’00”
28 West 105.06 feet;thence South 0 22’00”East 223.98 feet;thence South 89
29 38!00”West 71.29 feet to the beginning of a tangent curve concave southerly
30 having a radius of 25 feet;thence westerly along said curve .19.89 feet throu h a
31 central angle of 45 34’23~I to the beginning of a reverse curve having a
32 radius of 25 feet;thence westerly,northerly,and easterly along said curve
SCHEDULE A —Page 9
RIGHT OF WAY EASDIENT DESCRIPTION FOR ASSESSMENT DISTRICT NO.2,SANITATION DISTRIC~
No.7 OF ORANGE COUNTY (Easement 7—2—6 contInued).
2
3 118.32 feet to the beginnIng of a reverse curve having a radius of
4 25 feet;thence easterly along said reverse curve 19.89 feet through a
5 central angle of k5°3k’23”;thence North 89°38’00”East 31.29 feet to
6 the beginning of a tangent curve concave northwesterly having a radius of
7 20 feet;thence northeasterly along said curve 31.k2 feet through a central
8 angle of 90°00’00”;thence North 0 22’00”West,tangent to said curve,
9 210.27 feet;thence South 8L 15’00”East 125.16 feet to said east line;
10 thence South 0’22’32”East along said east line 2k~lk feet to the point
11 of begInning.
12 Prepared by,
15 Win I.keerl,L.S.2383
WI K:pp
16 J.N.8k35.2
W-508
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SCHEDULE A —Page 10
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)4-67-7 was regularly passed and adopted at
a regular meeting of said Board on the 13th day of May
196)4 ,by the following vote,to wit:
AYES:Directors Doney,Cook,Hall,Meyers,Parks
and Hirstein.
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 1)4th day of May
196)4
Fre .Harper,Secretary,B ard of
Directors of County Sanitation District
No.7
,
of Orange County,California