HomeMy WebLinkAboutResolution 1964 - 0085RESOLUTION NO.6L1.-85-7
AUTHORIZING CONDEMNATION IN
CONNECTION WITH CONTRACT NO.7-k-2A
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
(7-L~-2A 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 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 ‘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 J4•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 constr~xction to use all exist
ing private roads within the properties of the
owners for ingress to and egress from the work,
-2-
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 along 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
end 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.
-3-
Section 6.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 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 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 ofthe District,to pay to the County Clerk of the
County of Orange such sum or sums of moz~ey 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.
SCHEDULE A
Permanent easements and rights of way needed in connection
with the construction of Contract No.7-4-2A:
Parcel 1-P
The South 20 feet of the following described property
located in the Rancho Santiago de Santa Ana,County of Orange,
State of California:
Beginning at the Southeast corner of Lot 19 in Block ‘B~
of the Land of Oge and Bond,as shown on a map recorded in Book 3,
at pages 430 and 431,of Miscellaneous Records of Los Angeles
County,California,running thence South 10 chains;thence West
10 chains;thence North 10 chains;thence East 10 chains to the
point of beginning.
Except the West 302.00 feet thereof.
Parcel 2-P
The South 20 feet of the following described property
located jn the Rancho Santiago de Santa Ana,County of Orange,
State of California:
Beginning at the Southeast corner of Lot 19 in Block ‘B’
of the Land of Oge and Bond,as shown on a map recorded in Book
3,at pages 430 and 431,of Miscellaneous Records of Los Angeles
County,California,running thence East 5 chains,thence South
10 chains;thence West 5 chains and thence North 10 chains to
the point of beginning.
Parcel 3-P
The South 20 feet of the West 90 feet of the following
described property located in the Rancho Santiago de Santa Aria,
County of Orange,State of California:
SCHEDULE A -Page 1
(7-4-2A)
Beginning at a point 5 chains East of the Southeast
corner of Lot iC)in BLock TB’of the Land of Oge and Bond,as
shown on a map recorded in Book 3,at pages 430 and 431,of
Miscellaneous Records of Los Angeles County,California,and
running thence East 5 chains,thence South 10 chains,thence West
5 chains and thence North 10 chains to the point of beginning.
Parcel 4-P
——
Permanent easement over the following described property
located in the Rancho Santiago de Santa Ana,County of Orange,
State of California:
The West 20 feet of the East 640 feet of the North 122.75
feet of the East 10 Acres of Lot 5 of El Modena Citrus Lands,as
shown on a Map recorded in Book 6,page 32 of Miscellaneous Maps,
records of Orange County,California.
Parcel 5-P
Permanent easement over the following described property
located in the Rancho Santiago de Santa Ana,County of Orange,
State of California:
A strip of land 20 feet in width,the Northeasterly line
of which is described as follows:
Beginning at a point North 00 l3t West L~22.87 feet from
the most Southerly West corner of Lot 5 of El Modena Citrus Lands
as shown on a Map recorded in Book 6,page 32,of Miscellaneous
Maps,records of Orange County,California;thence South 52°55’
00”East 709.51 feet,more or less,to a point on the South line
of said Lot 5,said point being South 89°30’West 72.36 feet
from the Southeast corner of said Lot 5.
SCHEDULE A -Page 2
(7-)4-2A)
Parcel 6-P
Permanent easement over the following described property
located in the Rancho Santiago de Santa Ana,County of Orange,
State of California:
A strip of land 20 feet in width,the center line of
which Is described as follows:
Beginning at a point on the North line of Lot 14,El
Modena Citrus Lands,as shown on a Map recorded in Book 6,page
32,of Miscellaneous Maps,records of said Orange County,said
point being North 89°30’West 106.76 feet from the Northeasterly
corner of said Lot 114;thence South 34°25’30’East 187.80 feet,
more or less,to a point on the East line of said Lot 1~4,said
last mentioned point being South 00 13’West 154.00 feet,more
or less,from the Northeasterly corner of said Lot 14.
SCHEDULE A -Page 3
SCHEDULE B
Temporary easements and rights of way needed in connection
with the construction of Contract No.7-4-2A:
Parcel l-T
The North 30 feet of the South 50 feet of the following
described property located in the Rancho Santiago de Santa Aria,
County of Orange,State of California:
Beginning at the Southeast corner of Lot 19 in Block ‘B’
of the Land of Oge and Bond,as shown on a map recorded in Book 3,
at pages 14.30 and 14.31,of Miscellaneous Records of Los Angeles
County,California,running thence South 10 chains;thence West
10 chains;thence North 10 chains;thence East 10 chains to the
point of beginning.
Except the West 302.00 feet thereof.
Parcel 2-T
The North 30 feet of the South 50 feet of the following
described property located in the Rancho Santiago de Santa Aria,
County of Orange,State of California:
Beginning at the Southeast corner of Lot 19 in Block ‘B’
of the Land of Oge and Bond,as shown on a map recorded in Book 3,
at pages 430 and 431,of Miscellaneous Records of Los Angeles
County,California,running thence East 5 chains,thence South
10 chains;thence West 5 chains and thence North 10 chains to
the point of beginning.
Parcel 3-T
The North 30 feet of the South 50 feet of the West 90
feet of the following described property located in the Rancho
Santiago de Santa Aria,County of Orange,State of California:
SCHEDULE B -Page 1
(7-4-2A)
Beginning at a point 5 chains East of the Southeast corner
of Lot 19 in Block tB’of the Land of Oge and Bond,as shown on a
map recorded in Book 3,at pages 430 and 431,of Miscellaneous
Records of Los Angeles County,California,and running thence
East 5 chains;thence South 10 chains;thence West 5 chains and
thence North 10 chains to the point of beginning.
Parcel 4-T
Temporary easement over the following described property
located in the Rancho Santiago de Santa Aria,County of Orange,
State of California:
The West 30 feet of the East 620 feet of the North 122.75
feet of the East 10 Acres of Lot 5 of El Modena Citrus Lands,as
shown on a Map recorded in Book 6,page 32 of Miscellaneous Maps,
records of Orange County,California.
Parcel 5-T
A temporary easement over the following described,property
located in the Rancho Santiago de Santa Ana,County of Orange,
State of California:
A strip of land 30 feet in width,the Southwesterly line
of which is described as follows:
Beginning at a point North 00 13’West 422.87 feet from
the most Southerly West corner of Lot 5 of El Modena Citrus Lands,
as shown on a Map recorded in Book 6,page 32,of Miscellaneous
Maps,records of Orange County,California;thence South 520 55t
00”East 709.51 feet,more or less to a point on the South line
of said Lot 5,said point being South 89°30’W.72.36 feet from
the Southeast corner of said Lot 5.
SC}~EDULE B -Page 2
(7-4-2A)
Parcel 6-T
Temporary easement over the following described property
located in the Rancho Santiago de Santa Ana,County of Orange,
State of California:
A strip of land 30 feet in width lying adjacent to and
Northeasterly of the permanent easement (Parcel 6-P),which is
described as follows:
A strip of land 20 feet in width,the center line of
which is described as follows:Beginning at a point on the
North line of Lot 14,El Modena Citrus Lands,as shown on a Map
recorded in Book 6,page 32,of Miscellaneous Maps,records of
said Orange County,said point being North 89°30’West 106.76
feet from the Northeasterly corner of said Lot 14;thence South
34°25’30’East 187.80 feet,more or less,to a point on the
East line of said Lot 14,said last mentioned point being South
00 13’West 154.00 feet,more or less,from the Norhteasterly
corner of said Lot 14.
SCHEDULE B -Page 3
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.611~85~7 was regularly passed and adopted at
a regular meeting of said Board on the 10th day of June
196 L~,,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
196 14.
f~4LQ
Fred A.Harper,Secretary,B rd of
Directors of County Sanitation District
No.7 ,
of Orange County,California