HomeMy WebLinkAboutResolution 1964 - 0084RESOLUTION NO.64~8I~~7
AUTHORIZING CONDEI’~1NATION IN
CONNECTION WITH CONTRACT NO.7-5-.3
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7 OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING AND DIRECT
ING THE CONDENNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE,STATE OF
CALIFORNIA
(7-5-3 SUB-TRUNKS)
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 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 aris
ing 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 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;provided,
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 con
nection 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 exist
ing private roads within the properties of the
owners for ingress to and egress from the work,
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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 &ong such per
manent 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 six 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.
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Section 6.That the Board of Directors of County Sanita
tiori 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,20114 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 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 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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SCHEDULE A
Permanent easements and rights of way needed in connection
with the construction of Contract No.7-5-3:
Parcel 1-P
Over a portion of Lot “C”of the Stafford and Thstin Tract,
as per Map recorded in Book 2,pages 618 and 619 of Miscellaneous
Records,in the office of the County Recorder of the County of
Los Angeles,State of California,more particularly described as
follows:
Beginning at the Southeasterly corner of that portion of
Lot ‘C’,as described in a Deed to Gladys McCoy,as her separate
property,recorded March 21,1960,as Instrument No.11~9398,in
Book 5155,page 235,Official Records of the County of Orange,
State of California;thence Westerly along the Southerly line of
said Lot “C”110.00 feet;thence N.630 36’36”E.,50.00 feet,
more or less,to the Northerly line of said portion of Lot “C’;
thence S.570 lii.’17’E.20.00 feet,more or less,to an angle
point in said Northerly line;thence S.750 25’07’E.56.30 feet
to the point of beginning.
Parcel 2-P
Over a portion of Lot ‘C’of the Stafford and Tustin Tract,
as per Map recorded In Book 2,pages 618 and 619 of Miscellaneous
Records in the office of the County Recorder of the County of
Los Angeles,State of California,more particularly described as
follows:
Beginning at the intersection of the East line of said
Lot ‘C’and the Northerly line of the Santa Ana Freeway right of
way,as shown by deed to the State of California,recorded July
12,l951~,in Book 2768,page 59 of Official Records of Orange
SCHEDULE A -Page 1
(7-5-3)
County,State of California;thence on a bearing of N.68°41’
l6tl W.as de8cribed in said deed,120.00 feet;thence N.21°
18’1414’E.20.00 feet;thence 5.68°41’16’E.90.00 feet,more
or less,to a line parallel with and 20.00 feet Westerly,measured
at right angles,from the East line of said Lot ‘C’;thence North
erly and parallel to said East line to a point 713.36 feet South
of the South line of First Street,as now established;thence
Easterly at a right angle to said Easterly line,20.00 feet to
said East line of Lot “C’;thence South along said East line to
the point of beginning.
SCHEDULE A -Page 2
SCHEDULE B
Temporary easements and rights of way needed in connection
with the construction of Contract No.7-5-3:
Parcel l-T
Over a portion of Lot ‘C’of the Stafford and Tustin Tract,
as per Map recorded in Book 2,pages 618 and 619 of Miscellaneous
Records in the office of the County Recorder of’the County of
Los Angeles,State of California,more particularly described as
follows:
A strip of land 20.00 feet in width,Westerly of and
measured at right angles to the following described Easterly line:
Beginning at the Southeasterly corner of that portion of
Lot ‘C’as described in a Deed to Gladys McCoy,as her separate
property,recorded March 21,1960,as Instrument No.k9398 in
Book 5155,page 235,Official Records of the County of Orange,
State of California;thence Westerly along the Southerly line of
said Lot “C 110.00 feet to a point in the Westerly line of a
permanent sewer easement and the true point of beginning;thence
N.63°36’36’E.50.00 feet,more or less,to the Northerly line
of said portion of Lot “C’.
The Westerly line of said 20 foot strip shall be extended
to intersect the Northerly and the Southerly lines of said portion
of Lot “C’.
Parcel 2—T
Over a portion of Lot ‘C’of the Stafford and Tustin Tract,
as per Map recorded in Book 2,pages 618 and 619 of Miscellaneous
Records in the Office of the County Recorder of the County of
Los An€eles,State of California,more particulary described as
follows:
SCHEDULE B-Pane 1
(7-5-3)
A strip of land 20.00 feet in width,Westerly and North
erly of,and measured at right angles to the following described
Easterly line and Southerly line:
Beginning at the intersection of the East line of said
Lot ‘C’and the Northerly line of the Santa Ana Freeway right of
way,as shown by deed to the State of California,recorded July
12,1954,in Book 2768,page 59 of Official Records of Orange
County,State of California;thence on a bearing of N.68°41’
l6r W.,as described in said deed,120.00 feet to the true point
of beginning;thence N.210 18’44’E.20.00 feet;thence S.68°
41’16’E.90.00 feet,more or less,to a line parallel with and
20.00 feet Westerly,measured at right angles,from the East line
of said Lot “C’;thence Northerly and parallel to said East line
to a point 713.36 feet South of the South line of First Street,
as now established;thence Easterly,at a right angle to said
Easterly line,20.00 feet to said East line of Lot ‘C’.
SCHEDULE B -Page 2
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—84—7 was regularly passed and adopted at
a regular meeting of said Board on the 10th day of ~
1964 ,by the following vote,to wit:
AYES:Directors Sheridan,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.
of Orange County,California,this 11th day of June
1964
•_______
Fred A.Harper,Secretary,ard of
Directors of’County Sanitation District
No.7 ,
of Orange County,California