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HomeMy WebLinkAboutResolution 1966 - 0002RESOLUTION NO.66-2-7 AUTHORIZING CONDEMNATION IN CONNECTION WITH TUSTIN AVENUE SEWER A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALI FORNIA,AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY AND INTEREST IN REAL PROPERTY SITUATED IN TIlE COUNTY OF ORANGE,STATE OF CALIFORNIA (TusTIN AVENUE SEWER) 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 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 there to including manholes,measuring devices,pumping stations arid 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 property and interest in real property, situated in the County of Orange,State of California,is necessary therefor. Section 2 That the property and interest in 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 ~.s more particularly described and shown on Schedule “A and Exnibit ‘A’attached hereto and made a part hereof as thougn 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 tne 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 he acquired shall include: (a)The right to construct manholes,air valves,blow offs,pumping wells,pumping stations,metering stations,standpipe and service connection 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 —2— private roads within the properties of the owners - for ingress to and egress from the work,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 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 Sanitation 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, Nissan and Kogler,2Ol~4 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 property and interest in real property for the uses and purposes herein described. Section 6 That the Auditor of the District is authorised, upon receipt of a Court order and demand from C.Arthur Niason, 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— DESCRIPTION OF PORTIONS OF A 12’V.C.P.SEWER MAIN IN TUSTIN AVE. OWNED BY THE CITY OF SANTA ANA TO BE ACQUIRED BY COUNTY SANITATION DISTRICT NO.7 FIRST TRUNK SEWER: Beginning at a manhole located 375 feet south of the center line of 17th Street arid 35 feet east of the centerline of Tustin Avenue,said manhole was conveyed to County Sanitation District No.7 by the City of Santa Ana under terms of an agreement between the City of Santa Ana and County Sanitation District No.7,dated June 21,1965 and effective September 1,1965;thence from said manhole,north 403.50 feet to a terminal manhole located 35 feet east of the northerly prolongation of the centerline of Tustin Avenue,as established southerly of 17th Street,and 28.50 feet north of the centerline of 17th Street. SECOND TRUNK SEWER: Beginning at a manhole located 5.00 feet south of the center line of Lenita Lane and 28.00 feet west of the easterly line of Tustin Avenue service road;thence northerly in Tustin Avenue 2284 feet to a terminal manhole located 655 feet north of the centerline of Santa Clara Avenue and 24.00 feet east of the centerline of Tustin Avenue. The first and second trunk sewers comprise a total of 2,687.5 feet of 12”V.C.pipe sewer main,including 12 standard manholes and appurtenant stubs,and 90 un.ft.of concrete encasement extending from 281 feet north to 371 feet north of the centerline of Catalina Avenue,together with easements for sewer purposes in said public streets which easements a±e incidental to said public streets. SCHEDULE “A” STATE OF CALIFORNIA 55. COUNTY OF ORANGE I,FRED A.HARPER,Secretary of the Board of Directors 01’County Sanitation District No.7 , of Orange County,Cali fornia,do hereby certify that the above and foregoing Resolution No.66-2-7 was regularly passed and adopted at a regular meeting of said Board on the 12th day of January .ig66,by the following vote,to wit: AYES:Directors Allen,Cook,Meyers and Miller NOES:Directors Parks and Harvey 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 ~f January ,1966. ~Qa~ Fred A.Harper,Secretary, Board of Directors of County Sanitation District No.7 ,of Orange County, California