HomeMy WebLinkAboutResolution 1965 - 0078RESOLUTION NO.65-78-.7
AUTHORIZING CONDENNATION IN CONNECTION WITH
c~NT~ACT NO.7-2B
A RESOLUTION OF THE BOAR]~OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7,OF ORANGE
COUNTY,CALIFORNIA3 AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE,STATE OF
CALIFORNIA,RE:CONTRACT NO.7-2B
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”and shown on maps marked Exhibit “A’
attached hereto and made a part hereof as though set out in full
herein.
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Section 3.That the permanent easements and rights of way
above described and necessary to be acquired shall be acquired sub
ject to the rights of the owners,their successors and assigns,to
use the surface of the land within the hour~ar~j lines of such ease
ments 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 he 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 with-
in 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 14•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 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 construc
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tion of the pipeline or pipelines orother 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 hereof
by proceedings in eminent domain.That the law firm of Miller,
Nisson,iCogler &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 pro
secuted 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,
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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SANITATION DISTRICT NO.7
Easement Description for Station 178+90 (South Coast Plaza)
eubtrunk extension northerly of Gisler Trunk Sewer and Easterly
of O.C.F.C.District Santa Ana Gardens F-2 Channel.
A portion of the South half (S.1/2)of Section 36,
Township SS,Range 10 West S.B.M.being a permanent easement
lying 10 feet easterly and 25 feet westerly of the following
described centerline.
Beginning at a point on the South line of said
Section 36,said point being S 88°50’42”East 720.28 feet
along said South lin,from the centerline of Bristol Street,
80.00 feet in width,as described in right of way deed recorded
in Book 2290,Peg.510,Miscellaneous Records of Orange County,
California;thence N 0°46’01”East 400.00 feet to the true
point of beginning;thence N 0°46’01”East a distance of 70.00
feet.
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~45rg,/78,’90
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,Cali
fornia,do hereby certify that the above and foregoing Resolution
No.65-.78.7 was regularly passed and adopted at a regular
meeting of said Board on the 12th day of May ,1965 ,by
the following vote,to wit:
AYES:Directors Hirstein,Cook,Harvey,Meyers,
Miller,and Parks.
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 12th day of May ,1965
~0
‘red A.Harper,Sec5retary,
Board of Directors of County Sanitation
District No.7 ,of Orange County,
California