HomeMy WebLinkAboutResolution 1965 - 0107RESOLUTION NO.65-107-7
AUTHORIZING CONDEMNATION IN CONNECTION WITH
ASSESSMENT DISTRICT #5-A
(CONDEMNATION #3)
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7,OF ORANGE
COUNTY,CALIFORNIA,AUT}~QRIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE,STATE OF
CALIFORNIA,RE:ASSESSMENT DISTRICT #5-A
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 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 thereto
including manholes,measuring devices,pumping stations and other
structures for the transporting and receipt of sewage and industrial
wastes for the purpose of transporting,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.
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 boundary 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 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 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
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,and Kogler,2OlL~~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.
1 DESCRIPTION OF EASEMENT NO.4 FOR ASSESSMENT DISTRICT NO.5-A,COUNTY
SANITATION DISTRICT NO.7
2
3 PARCEL 7-5-4d
4 That portion of Lot 318 in Block 13 of Irvine’s Subdivision in the County of Orange,State
of California,as per mop recorded in Book ‘I,page 88,Miscellaneous Maps,records of said
Orange County,described as follows:
7 Commencing at the most northerly corner of that certain 0.641—acre parcel of land shown
8 on a map filed in Book 33,page 5,Record of Surveys,in the office of the County Recorder of
9 Orange County,California;thence South 470 26 45 East along the northeasterly line of said
10 parcel of land 122.90 feet to the beginning of a curve concave southeasterly,the radius point
11 of which bears South 470 26 45’East 50.00 ~et and the true point of beginning;thence
12 Southerly and Southeasterly 65.00 feet along said curve through a central angle of 74°29’04’;
13 thence North 58°04’11’East 50.00 feet;thence North 470 26 45 West 50.90 feet to the
14 point of beginning.
15 PARCEL 7-5-4e
16 That portion of Lot 318 in Block 13 of Irvine’s Subdivision in the County of Orange,State
17 of California,as per map recorded in Book 1,page 88,Miscellaneous Maps,records of said
18 Orange County,described as follows:
19 Beginning at the most northerly corner of that certain 0.542—acre parcel of land shown
20 on a map filed in Book 33,page 5,Record of Surveys,in the office of the County Recorder of
21 Orange County,California;thence South 51°39’45’East along the northeasterly line of said
22 Parcel
,
54.77 feet to the beginning of a tangent curve,concave northeasterly having a radius
23 of 2000.00 feet;thence Southeasterly 28.50 feet along said curve through a central angle of
24 0°48’58”;thence South 37°31’17”West,radial to said curve 30.00 feet too point in the
25 arc of curve,concentric with above,having a radius of 2030.00 feet;thence Northwesterly 28.
26 feet along said curve through a central angle of 00 48’58 to the beginning of a reverse curve,
27 concave southwesterly,having a radius of 35.00 feet;thence Northwesterly 24.51 feet along
28 said curve through a central angle of 40°07 09’to the beginning of a reverse curve,concave
29 northerly having a radius of 50.00 feet;thence Northwesterly 52.23 feet along said curve
30 through a central angle of 590 51’05’to an angle point in the northwesterly line of said
31 parcel of land;thence North 58°04’11 East along said northwesterly line 50.00 feet to the
32 point of beginning.
SCi-~EDULE “A’
1 DESCRIPTION OF EASEMENT NO.4 FOR ASSESSMENT DISTRICT NO.5-A,COUNTY
SANiTATION DISTRICT NO.7 (continued)
2
~PARCEL 7—5—4f
4 The Northeasterly 30.00 Feet of that portion of Ld 318 of Block 13 of Irvine’s Subdivision,
~in the County of Orange,State of California,as per recorded in Book 1,page 88,Miscellaneous
Maps,records of said Orange County,described as follows:
7 Beginning at a point on the southwesterly line of that certain 2.270—acre parcel of land
8 shown on a map filed in Book 30,page 2,Record of Surveys,in the office of the County
9 Recorder of said Orange County,said point being South 540 41’00’East 257.82 feet from the
10 most westerly corner of said 2.270—acre parcel of land;thence North 39°43’00’East 159.64
11 Feet;thence North 37°31’17”East 30.00 feet too point on a curve concave northet~sterly
12 having a radius of 2000 feet,a radial line from said curve bears North 37°31’17’East;
13 thence southeasterly along said curve through a central angle of 30 31’41”,a distance of
14 123.15 feet;thence South 33°59’36”West 30.00 feet;thence South 39°44’11”West 158.68
1~feet to the southwesterly line oF said 2.270—acre parcel of land;thence North 540 41’00”
18 West 125.00 feet to the point of beginning.
1’?PARCEL 7-5—49
18 The Northeasterly 30.00 feet of that portion of Lot 318 in Block 13 of Irvine’s Subdivision,
19 in the County of Orange,State of California,as per map recorded in Book 1,page 88,
20 Miscellaneous Maps,records of said Orange County,described as follows:
21 Beginning at a point on the southwesterly line of that certain 2.270—acre parcel of land
22 shown on a map filed in Book 30,page 2,Record of Surveys,in the office of the County Recordei
23 of said Orange County,said point being South 540 41’00”East 382.82 feet from the most
24 westerly corner of said 2.270—acre parcel of land;thence North 39°44’11”East 158.68 feet;
28 thence North 330 59’36’East 30.00 feet to a point on a curve concave northeasterly having a
28 radius oF 2000 feet,a radial line from said curve bears North 33°59’36”East;thence south—
27 easterly along said curve through a central angle of 2°39’21”,a distance of 92.71 feet to a
28 point of reverse curvature with a curve concave southwesterly and having a radius of 1000 feet;
29 thence southeasterly along said curve through a central angle of 10 51’32”,a distance of
50 32.44 feet to the northerly corner of a parcel of land described in the deed to Robert T.Townsenc
page 457
51 and wife,recorded on September 2,1955 in Book 3197/Official Records;thence South 33°11’
52 47’West 30.00 feet along the northwesterly line of said land of Townsend;thence South 390 43t
—2—
SCHEDULE “A”
1 DESCRIPTION OF EASEMENT NO.4 FOR ASSESSMENT DISTRICT NO.5-A,~D UNTY
SANITATION DISTRICT NO.7 (continued)
2
3 00”West 164.72 feet to the westerly corner of said land of Townsend,being a point on the
4 southwesterly line of said 2.270—acre parcel of land;thence North 54°41’00”West 125.00
5 feet to the point of beginning.
6 PARCEL 7—5-4h
7 The Northeasterly 30.00 feet of that portion of Lot 318 in Block 13 of Irvine’s Subdivision,
8 in the County of Orange,State of Califorria,as per mop recorded in Book 1,page 88,
9 Miscellaneous Maps,records of said Orange County,described as follows:
10 Beginning at o point in the northeasterly line of that certain parcel of land conveyed
11 to Burt F.Zoiser and wife by deed recorded May 5,1943,in Book 160,page 445,Official
12 Records,records of Orange County,California,said point being distant South 54°41 00”East
13 507.82 feet from the most northerly corner of said parcel of land;thence North 39°43 00”
14 East 164.72 feet to a point,said point being on a curve concave southwesterly and having a
1~radius of 970.00 feet,said point also being Station B;thence North 33°11’47 East 30.00
16 feet to a point on a curve concave southwesterly and having a radius of 1000.00 feet,said
17
curve being concentric with the curve first above—mentioned;thence southeasterly along said
18
curve through a central angle of 6°38’28”an arc distance of 115.91 feet to a line tangent;
19 thence South 50°09’45”East along said tangent line 43.06 feet to a point;said point being
20 the P.1.of a certain curve described in the deed to the County of Orange recorded October 21,
21 1931 in Book 514,page 206,Official Records,as having a radius of 50.00 feet;thence South
39°55’15”West 189.01 feet to the most easterly corner of said land of Burt F.Zaiser and wife;
23 thence North 54°41’00”West along the northeasterly line of said land 155.10 feet to the point
24 of beginning.
25 EXCEPTING THEREFROM any portion of said land lying with Skyline Drive.
26 PARCEL 7-5-4i
27 The Southwesterly 30.00 feet of all that certain real property situoted in the County of
28 Orange,State of California,described as follows:
29 Beginning at a point in the southwesterly line of that certain parcel of land conveyed to Wi ham
30 Van Kesteren and wife by deed recorded M~irch 12,1943,in Book 1178,page 546,Official
51 Records,said point being distant South 54°41 17 East 590.00 feet from the most westerly
32 corner of said parcel of land;thence South 39°43’00”West 161 .52 feet to a point on a curve
-3-
SChEDULE “A”
1 DESCRIPTION OF EASEMEN1~NO.4 FOR ASSESSMENT DISTR’~T NO.5-A,COUNTY
SANITATION DISTRICT NO.7 (continued)
concave southwesterly and having a radius of 1030.00 feet,said point also being Station ~
4 thence South 38°08’49”West 30.00 feet to a point,said point being on a curve concave
5 southwesterly and having a radius of 1000.00 feet,said curve being concentric with a curve
6 mentioned above;thence southeasterly along said curve through a central angle of 1°41’26”
7 on arc distance of 29.50 feet to a line tangent;thence South 50°09’45”East along said tangen
8 line,113.81 feet to the beginning of a tangent curve concave northerly and having a radius
9 of 50.00 feet,said point being on the centerline of Skyline Drive,as described in the deed to
0 the County of Orange,recorded October 21,1931 in Book 514,page 206,Official Records;
1 thence easterly along said curve and said centerline through a central angle of 940 24 15’,an
2 arc distance of 82.38 feet to a line tangent;thence North 35°26’00”East along said tangent
3 line,95.34 feet to the beginning of a tangent curve,concave southeasterly and having a rodius~of
400.00 feet?thence northeasterly along said curve through a central angle of 8°09’42”,an
5 arc distance of 56.98 feet to a point in the southwesterly line of said land of William Van
3 Kesteren;thence North 540 41’17”West along said southwesterly line,187.33 feet to the
~point of beginning.
3 EXCEPTING THEREFROM any portion of said land lying within Skyline Drive.
PARCEL 7—5—4~
The Southwesterly 30.00 feet of all that certain land situated in the State of California,
County of Orange,described as follows:
Beginning at a point on the southwesterly line of that certain parcel of land conveyed to
WIlliam Van Kesteren and wife by deed recorded March 12,1943,in Book 1178,page 546,
Official Records,distant thereon South 540 41’17”East 450.00 feet from the most westerly
corner thereof;thence South 54°41’17’East along said southwesterly line 140.00 feet too
26 point;thence South 39°43’00”West 161 .52 feet to a point;thence South 38°08’49”West
27 30.00 feet to a point on a curve concaw~southwesterly and having a radius of 1000.00 feet;
28 thence northwesterly along said curve through a central angle of 6°48’34”,an arc distance
29 of 118.85 feet too point of reverse curvature with a curve concave northeasterly and having
30
a radius of 2000.00 feet;thence northwesterly along said curve through a central angle of
31 0°31’13”an arc distance of 18.16 feet to a point;thence North 31°51’28”East along a
32 radial line 30.00 feet to a point;thence North 39°43’00”East 163.90 feet to the point of
-4-
8C~L~L~~
1 DESCRIPTION OF EASEMENT NO.4 FOR ASSESSMENT DISTRICT NO.5-A,COUNTY
SANITATION DISTRICT NO.7 (continued)
2
3 beginning.
4 PARCEL 7-5-4k
5 The Southwesterly 30.00 Feet of that portion of Lot 318 in Block 13 and of Block 14 of
6 Irvine’s Subdivision,in the County of Orange,State of California,as per map recorded in
7 Book 1,page 88,MisceIlane~s Record Maps,records of said Orange County,described as
8 follows:
9 Beginning at a point in the southwesterly line of the land conveyd to William ‘Van Kesteren
10 and wife,by deed recorded March 12,1943,in Book 1178,page 5.46,OFficial Records,distant
11 thereon South 54°41’17’East 325 feet from the most westerly corner thereof,and running
12 thence South 54°41’17 East along said southwesterly line,125 feet to the most northerly
13 corner of the land described in Parcel 1 in the deed to Marvin E.Lawrence and wife,recorded
14 September 22,1955,in Book 3197,page 466,Official Records;thence South 390 43’00’West,
15 along the northwesterly line of said land,163.90 feet to an angle point thereon;thence South
16 31°51’28”West 30 feet to the most westerly corner of said land,said point being on a curve
17 concave northeasterly,having a radius of 2000 feet,a radial line at said point bears North
18 31°51’28’East;thence northwesterly along said curve 127.24 feet to the most southerly
19
corner of the land described in Parcel 1 in the deed to Chester L.Curl and wife,recorded
20 September 2,1955,in Book 3197,page 464,Official Records;thence North 35°30’11”East
21 along the southeasterly line of said land 30 feet to an angle point therein;thence North 39°43’
22 00”East 167.46 feet to the point of beginning.
23 PARCEL 7—5-41
24 That portion of Lot 318 in Block 13 and of Block 14 of Irvine’s Subdivision,in the County
25 of Orange,State of California,as per map recorded in Book 1,page 88,Miscellaneous Records
26 of said Orange County,described as follows:
27 Beginning at the most southerly corner of that certain parcel of land conveyed to Graham
28 H.Benson and wife,by deed,recorded April 10,1959,in Book 4665,page 53,Official Record~
29 said point being in the arc of a curve concave northeasterly,having a radius of 2000.00 feet,
30 the center of which bears North 35°30’11”East;thence Northwesterly 98.95 feet along said
31 curve through a central angle of 2°50’04’;thence North 51°39’45’West,tangent to said
32 curve,54.77 feet to the center of a circle which subtends a simple curve,concave westerly
—5-.
~.DESCRIPTION OF EASEMENT NO.4 FOR ASSESSMENT DISTRICT NO.5-A,COUNTY
SANITATION DISTRICT NO.7 (continued)
2
3 and having a radius of 50.00 feet;thence North 72°01 32 East along a radial line 50.00 feet
4 to a point on said curve;thence Southerly 5.62 feet along said curve through a central angle
5 of 6°25’52’to a point of reverse curvature with a curve,concave northeasterly and having a
6 radius of 35.00 Feet;thence southeasterly 24.51 Feet along said curve through a central angle
7 oF 40°07’09’to a point of compound curvature with a curve,concave northeasterly and having
8 a radius of 1970.00 Feet;thence Southeasterly 97.46 feet along said curve through a central
9 angle of 2°50’04’;thence South 35°30’il’West along a line radial to said curve,30.00
10 feet to the point of beginning.
11 PARCEL 7-5-4m
12 That portion of Lot 318 in Block 13 and of Block 14 of Irvine’s Subdivision,in the County
13 of Orange,State of California,as per map recorded in Book 1,page 88,Miscellaneous Maps,
14 records of said Orange County,described as follows:
15 Beginning at an angle point in the southeasterly line of that certain parcel of land
16 conveyed to Russell R.Langenbeck and wife,by deed recorded November 25,1957,in Book
17 4114,page 155,OFficial Records,said point being on a curve,concave southerly having a
18 radius of 50.00 feet;thence South 72°01’32’West along a radial line 50.00 feet to the
19
center of a circle of which said curve is on arc;thence North 47°26’West along a line radial
20
to said curve,50.00 feet to a point thereon;thence Easterly and Southeasterly 104.25 feet
21 along said curve through a central angle of 119°28’17’to the point of beginning.
22
23
Prepared by,
24 BOYLE and LOWRY
25
26 Earl 1.
27 ELM:pp
41-8435-05-03
28 W-578-A
29
7-15-65
30
31
32
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________________________________
DESIGN-
REVISIONS
DRAWN~J~~I
DATE:
CHECKED
F.B.I
BOYLE ENGINEERING
SANTA ANA,CALIF.
J.~‘T~-~f
SHEET
OF /SHEETS
STATE OF CALIFORNIA
Ss.
COUNTY OF ORANGE
I,FRED A.HARPER,Secretary of the Board of Directors
of County SanitationDistrict No.,7.
,of Orange County,Cali
fornia,do hereby certify that the above and foregoing Resolution
No.65407”7 was regularly passed and ~.dopted at a regular
meeting of said Board on the lkth day of
,196 5,t~y
the following vote,to wit:
AYES:rnrectors Hirstein,Cook,1~arvey,Meyers,
MtUer and Parks.
NOES:Nàne
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 l1~thäay of JUly
,196 5.
~Q
Fred A.harper,Secre~.~.,
Board of Directors of County Sai~itation
District No.7
,
of Orange County,
California