HomeMy WebLinkAboutResolution 1966 - 0026RESOLUTION NO.66-26-1
AUTHORIZING FILING OF CONDEMNATION ACTION
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.1,OF
ORANGE COUNTY,CALIFORNIA,AUTHORIZING THE
FILING OF A CONDEMNATION ACTION TO ACQUIRE
CERTAIN REAL PROPERTY SITUATED IN THE COUNTY
OF ORANGE,STATE OF CALIFORNIA
The Board of Directors of County Sanitation District No.1,
of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That the Board of Directors of County
Sanitation District No.1,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 and shown on Schedules I?AU and ~~BH attached hereto and
made a part hereof as though set out in full herein.
the owners for ingress to and egress from the
work,together with the right,upon completion
of the construction of the pipeline or pipe
lines or other works,to construct and maintain
an access road upon,over and along such perxna
nent 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.1,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,2Q1L~North Broadway,Santa Ma,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.1,of Orange County,California,against all owners and claimants
of the above-deacribed properties for the purpose of condemning and
acquiring said properties for the use of said County Sanitation
District;and that said condemnation action shall be prosecuted in
accordance with the provisions of law applicable thereto.That said
attorneys are authorized and instructed to make application to said
Court for an order fixing the aniount of security by way of money
deposits as said Court may direct and for an order permitting County
Sanitation District No.1,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,
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.
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 14.•That the permanent easements and rights of
way to be acquired shall include:
(a)The right to construct manholes,air valves,blow-
off s,pumping wells,pumping stations,metering
stations,standpipe and service connection struc
tures 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
1 DESCRIPTION OF PROPOSED WIDENING OF THE ALTON AVENUE TRUNK SEWER
RIGHT OF WAY FOR COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY.
2
3 An easement and right of way to construct,reconstruct,and maintain for all time
4 a public sewer or sewers over,under,and across thot certain portion of Section 25,
Township 5 South,Range 10 West,S.B.M.in the county of Orange,state of California,
6 described as follows:
A itrip of land,twenty feet in width,the northerly line of which begins at a point
8~I on the west boundary line of Main Street as it now exists,distant thereon Northerly
9 two (2)feet Iron,the intersection thereof with the centerline of Dyer Rood prolonged
10 westerly,and running thence westerly parallel with and distant Northerly 2.00 feet
11~measured at right angles,from said westerly prolongation to on intersection with a
12~line parallel with and distant twenty (20)feet southeasterly,measured at right angles
13 from the southerly line of the Pacific Electric Railway right of way described as a
14 right of way,eghty feet in width,deeded by James McFadden to H.E.Huntington,
15 Trustee,by deed recorded in Book 174,page 253 of Deeds,Records of Orange County,
16 California;thence southwesterly and westerly parallel with said southerly line to the
17 easterly boundary line of Bristol Street as it now exists.
19 Prepared b
23 WIK:pp
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24 W-678
3-1-66
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No.66-26-1
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STATE OF CALIFORNIA
SS.
‘COUNTY OF ORANGE
I,FRED A.HARPER,Secretary of the Board of Directors of
County Sanitation District No.3~,of Orange County,California,
do hereby certify that the above and foregoing Resolution
No.66~2G—l was regularly passed and adopted at an adjourned
regular meeting of said Board on the 6th day of April ,1966,
by the following vote,to wit:
AYES:8&rve~,Meyers,Miller,e.nd Allen
NOES:NO~I
ABSENT;1~O*E
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
the official seal of County Sanitation District No.I ,of Orange
County,California,this 6th day of April ,1966.
L~L~J~r,Sec
Board of Directors of County Sanita
tion District No.I
,
of Orange County,
California