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HomeMy WebLinkAboutResolution 1966 - 0053RESOLUTION NO.66-53-7 AUTHORIZING CONDEMNATION IN CONNECTION WITH ASSESSMENT DISTRICT NO.6 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,RE:ASSESSMENT DISTRICT NO.6 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. 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 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 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 L~.•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 construe- -2- tion 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 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,20114 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 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 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, 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- 1 Description of EASEMENT NO.FOR ASSESSMENT DISTRICT NO.6,COUNTY SANITATION DISTRICT NO.7. 2 3 PARCEL 7-ó—la 4 The Southerly 25.00 feet of that certain parcel of land described as Parcel 1 in the 5 deed recorded as Document No.18655 in Book 7713,page 439 of Official Records of 6 Oronge County,California. 7 EXCEPT street. 8 PARCEL 7-6—ib 9 The Southerly 25.00 feet of that certain parcel of land described as Parcel 1 in the 10 deed recorded as Document No.2902 in Book 6493,page 78 of Official Records of 11.Orange County,California. 12 PARCEL 7—6—lc 13 The South~rly 25.00 feet of that certain parcel of land described as Parcel 1 in the 14 deed recorded as Document No.9665 in Book 6143,page 200 of Official Records of 15 Orange County,Californa. 16 PARCEL 7—6—ld 17 The Northerly 25.00 feet of that certain parcel of land described as Parcel 1 in the 18 deed recorded as Document No.‘424 in Book 7827,page 649 of Official Records of Orange 19 County,California 20 PARCEL.7-6—1e 21 The Northerly 25.00 feet of that certain parcel of land described as Parcel 1 in the 22 deed recorded as Document 12245 in Book 6110,page 957 of Official Records of Orange 23 County,California. 24 PARCEL 7-6-lf 25.The Northerly 25.00 feet of that certain parcel of land described as Parcel I in the 26 deed recorded as Document No.12243 in Book 6110,page 953 of Official Records of Orange 27 County,California 28 PARCEL 7-ó-lg 29 The Northerly 25.00 feet of that certain parcel 0f land described as Parcel 1 in the 30 deed recorded as Document 12244 in Book 6110,page 955 of Official Records of Orange 31 County,California. 32 2.Description of EASEMENT NO.FOR ASSESSMENT DISTRICT NO.6,COUNTY SANITATION DISTRICT NO.7 (conflnued). 2 S PARCEL 7—6—U, 4 The Northerly 25.00 feet of that Certain paicel of land described as Parcel in the 6 deed recorded as Document No.~2242 in Book 6fl0,page 95~of Offlcol Records of 6 Orange County,California. 7 8 Prepared by, 9 BOYLE AND LOWRY 10 ~JQ~ 11 Carl A..Carlson,C.,E.6654 12 CAC:pp 4~-8435-06-03 13 W-687 4—26—66 .: 14 15 16 17 18 19 20 21 22 0 23 24 25. 26 27 28 29 30 31 32 —2— 1 Description of EASEMENT NO.2 FOR ASSESSMENT DISTRICT NO.6,COUNTY SANITATIOP DISTRICT NO.7. 2 3 PARCEL 7-6-2a 4 The Northerly 15.00 feet of that Certain parcel of land described in the deed S recorded as Document No.1312 in Book 5900,page 833 of Official Records of Orange 8 County,Califomia.’~~ 7 EXCEPT street. 8 PARCEL 7—6—2b 9 The Northerly 15.00 feet of that certain parcel of land described as Parcel I in 10 the deed recorded as Document No.12803 in Book 7556,page 898of Official Records 13.of Orange County,California. 12 13 Prepared by, 14 BOYLE and LOWRY H 16 Carl A.Carlson,C..E.6654 ~.7 CAC:pp : 41-8435-06-03 •18 W-6B8 • .• 19 4-26-66 • 20 •.• •21 • 22 • 23 24 25. 26 • 27 •• 28 S • 29 • . 30 • • 31 • 32 5 1 Description of EASEMENT NO.3 FOR ASSESSMENT DISTRICT NO.6,COUNTY SANITATIOt’~ DISTRICT NO.7 2 3 PARCEL 7—6—3a 4 That pofflon of the land described in Parcel 2 of the deed recorded as Document No.17267 5 in Book 6261,page 430 of Official Records of Orange County,California,described as follows~ 6 Beginning at the southeasterly corner of said Parcel 2;thence North 0°17’00”East along 7 the east line,of said parcel 15.37 feet;thence South 66°03’00”West 37.45 feet to the south 8 line of said Parcel;thence South 89°43’00”East along said south line 34.15 feet to the point 9 of beginning. 10 PARCEL 7—6-3b 11 That portion of Lot 1,Tract 102,per map thereof,recorded in Book 1,page 5 of 12 Mscellaneous Maps of Orange County,California,described as follows: 13 Beginning at a point in the southeasterly line of said Lot 1 at the southwesterly corner of that 14 certain parcel of land described as Parcel 1 in the deed recorded as Document 8046 in Book 15 5591,page 593 of Official Records of said County;thence South 66°03’00”West along said 16 southeasterly line 141 .21 feet;thence South 53°21’00”West 25.50 Feet tothe southerly pre— 17 longation of the centerline of Hewes Street (formerly Alameda Street);thence North 0°08’00” 18 East 75.68 feet;thence South 89°58’,00”East 82.07 feet;thence North 66°03’00”East 19 36.34 feet;thence South 890 43’00”East 34.15 feet to the west line of said Parcel 1;thence 20 South 00 17’00”West 17.53 feet along said west line to the point of beginning. 2].EXCEPT street. 22 PARCEL 7-6—3c 23 The Southerly 30.00 feet of that certain parcel of land described as Parcel 1 in the deed 24 recorded as Document No,8046 in Book 5591,page 593 of Official Records of Orange County,. 25.Caflfornia.Said 30.00—foot dimension to be measured at right angles to the southerly line of 26 said parcel. 27 PARCEL 7—6—3d 28 The Westerly 50.00 feet of the Southerly 30.00 feet of that certain parcel of land described 29 as Parcel 3 in the deed recorded as Document No.10234 in Book 4775,page 238 of OFficial 30 Records of Orange County,California.Said 30.00—foot dimension to be measured at right angles 31 to the southerly line of said parcel. Prepared by, 32 BOYLE and LOWRY CAC:pp Carl A.Carison,C.E.6654 41-8435-06-03. W—688 4-26-66 1 Description of EASEMENT NO.4 FOR ASSESSMENT DISTRICT NO.7,COUNTY SANITATION DISTRICT NO.7. 2 3 PARCEL 7-ó-4a 4 The Southerly 10.00 feet of the northerly half of Vine Street (60.00 feet in width),as 5 shown on a map of Milton Frazier’s Addition to Modena,recorded in Book 31,page 82, 6 Miscellaneous Records of Los Angeles County,California,and as abandoned by the Board 7 of Supervisors of Orange County,California,bounded on the west by the southerly prolonga— 8 tion of the westerly line of the easterly 100 feet of Lot 6 oF Block A of said Milton Frazie?s 9 Addition and bounded on the east by the easterly line of Olive Street,as shown on said map. 10 PARCEL 7-6-4b 1].The Southerly 10.00 feet of the northerly half of Vine Street (60.00 feet in width),as 12 shown on a map of Milton Frazier’s Addition to Modena,recorded in Book 15,page 84, 13 Miscellaneous Records of Los Angeles County,California,and as abandoned by the Board 14 of Supervisors 0f Orange County,CoUfornia,bounded on the west by the east line of 15 Olive Street,as shown on said map and bounded on the east by the southerly prolongation 16 of the easterly line of Lot 17,Block B of said Milton Frazier’s Addition. 17 PARCEL 7-6-4c 18 The Southerly ~0.0O feet of the northerly half of Vine Street (60.00 feet in width)as 19 shown on o map of Milton Frazier’s.Addition to Modena,recorded in Book 15,page 84, 20 Miscellaneous Records of Los Angeles County,California,and as abandoned by the Board 21 of Supervisors of Orange County,California,bounded on the west by the southerly prolonga— 22 tion of the westerly line of Lot 18,Block B,of said Milton Frazier’s Addition and bounded on 23 the east by the southerly prolongation of the easterly line of Lot 19 of said Block B. 24 PARCEL 7-6-4d 25.The Southerly 10.00 feet of those certain parcels of land described in Paragraph (a)of the 28 trust deeds recorded as Documents 8701,8702,and 8703 in Book 6036,pages 841,843 and 27 845,respectively,of Official Records of Orange County,California. 28 PARCEL 7-6-4e 29 The Southerly ~0.00 feet of that certain parcel of land described as Parcel 1 in the deed 30 recorded as Document 93 in Book 64~6,page 375 of Officiol Records of Orange County, 31 California. 32 1 2 3 4 5 6 .7 8 .9 10 11 2.2 13 14 15 16 17 18 •19 20 21 22 23 24 25. 26 27 28 29 30 ‘31 32 Description of EASEMENT NO.4 FOR ASSESSMENT DISTRICT NO.7,COUNTY SANITATION DISTRICT NO.7 (continued). PARCEL 7’-6’-4F The Southerly10.00 feet of those certain parcels of land described as Parcels and 5 in the deed recorded as Document 24701 in Book 7063,page 526 oF Official Records of Orange County,California. PARCEL 7—6—4g The Northerly 10.00 feet of the south half of that portion of east Vine Street shown on a map of C.N.Frazier’s Addition to the town of Mod9na,per map thereof,recorded in Book 14, page 58 oF Miscellaneous Records of Los Angeles County,California,lying easterly of the northerly prolongation of the westerJy line of Lot 7,Block A of s&d Addition and westerly of the northerly prolongation of the easterly line of said Lot 7. PARCEL 7-6-4h The Northerly ~0.00 feet of that certain parcel of land described as Parcel in the deed recorded as Document 91510 in B~ok 39fl,page 343 of Official Records of Orange County, California. PARCEL 7-6-41 The Northerly ~0.00 feet of that certain parcel of land described as Parcel 1 in the deed recorded as Document 18701 in Book 6224,page 928 of Official Records of Orange County, California. PARCEL 7-6-4j The Northerly ~0.00 feet of that certain parcel of land described as Parcel in the deed recorded as Document 4273 in Book 7620,page 660 of Official Records of Orange County, California. PARCEL 7-6-4k The Northerly ~0.00 feet of that certain parcel of land described as Parcel 1 in the deed recorded as Document 3878 in Book 6098,page 843 of Official Records of Orange County, California. PARCEL 7-6—41 The Northerly ~0.00 feet of that certain parcel of land described as Parcel in the deed recorded as Document ~0097 in Book 6251,page 93 of Official Records of Orange County, California.•, —2— 1 Description of EASEMENT NO.4 FOR ASSESSMENT DISTRICT NO.7,COUNTY SANITATION DISTRICT NO.7.(Conflnued). 2 3 PARCEL 7-6-4m 4 The Northerly 10.00 feetof that certain parcel of land described as Parcel I in the deed S recorded as Document 53~92 in Book 4274,page 354 of Official Records of Orange Counly, 6 CaliFornia. 7 PARCEL 7-6-4n 8 The Northerly 10.00 feet of that certain parcel of land described as Parcel I in the deed 9 recorded as Document 33192 in Book 3002,page 28 of Official Records of Orange County, 10 California. 11 PARCEL 7-6—4o 12 The Northerly 10.00 feet of that certain parcel of land described as Parcel in the deed 13 recorded as Document 20926 in Book 7535,page 779 of Official Records of Orange County, 14 California. 15 PARCEL 7-ó-4p 16 The Northerly 10.00 feet of that certain parcel of land described as Parcel in the trust 17 deed recorded as Document 23651 in Book 6524,page 685 of Official Records of Orange 18 County,California. 19 PARCEL 7—ó-4q 20 The Northerly 10.00 feet of those certain parcels of land described as Parcel in each of 21 the deeds recorded as Document 23644 and 23647 in Book 6524,pages 667 and 675,respectivel> 22 of Official Records of Orange County,California. 23 PARCEL 7-6-4r 24 The Northerly 10.00 feet of that certain parcel of land described in Paragraph (a)of the 25.trust deed recorded as Document 8705 in Book 6036,page 849 of Official Records of 26 Orange County,California. 27 PARCEL 7-6—4s 28 The Northerly 10.00 feet of those certain parcels of land described in Paragraphs (a)and 29 (b)of the trust deed recorded as Document 8704 in Book 6036,page 847 of Official Records 30 of Orange County,California. Prepared by, 31 BOYLE and LOWRY 32 CAC:ppp Carl A.Carlson,C.E.6654 41-8435-06-03 X-171 4—26-66 1 Description of EASEMENT NO.5 FOR ASSESSMENT DISTRICT NO.7,COUNTY SANITATION DISTRICT NO.7. 2 3 PARCEL 7-6—5a 4 That portion of the private road,30 feet in width,as shown on a map filed in Book 46,page 5 29 of Records of Survey of Orange County,.California,lying northwesterly of the following 6 described line: 7 Beginning at the southwesterly terminus of that certain course shown as North 24°38’10” 8 East 91 .06 feet on said map;thence North 24°38’10”East 91 .06 feet to the beginning of a 9 tangent curve concave southeasterly having a radius of 125 feet;thence Northeasterly 78.54 10 feet through a central angle of 36°00’00”. 11 EXCEPTING therefrom that portion lying within Skyline Drive as shown on said map. 12 PARCEL 7—6-5b 13 That portion of the private road,30 feet in width,as shown on a mop filed in Book 46, 14 page 29 of Records of Survey of Orange County,California,lying southeasterly and southerly 15 of the following described line: 16 Beginning at the southwesterly terminus of that certain course shown as North 24°38’10” 17 East 91 .06 feet on said map;thence North 24°38’10”East 91 .06 feet to the beginning of a 18 tangent curve concave southeasterly having a radius of ~25 feet;thence Northeasterly 78.54 19 feet through a central angle of 36°00’00”;thence North 29°21’50”West radially to said 20 curve 15 feet to a point on a curve,concentric with last described curve and having a radius 21 of 140 feet;thence Easterly 39.10 feet along said concentric curve through a central angle of 22 16°00’00”;thence North 76°38’10”East,tangent to said curve,~9.37 feet. 23 The southeasterly line of said strip to be prolonged so as to terminate in a line bearing 24 South 27°40’20”East from the easterly terminus of the above described line. 25.EXCEPTING therefrom that portion lying within Skyline Drive as shown on said map. 28 PARCEL 7—6—5c 27 That portion of the 30—foot wide private road shown on a map filed in Book 40,page 32 of 28 Records of Survey of Orange County,Caflfornia,described as follows: 29 Beginning at the northeasterly terminus of that certain course shown as North 510 37’~0” 30 East 50.53 feet on said map;thence South 5~°37’10”West 50.53 feet;thence South 76°38’ 31 10”West ~46.97 feet;thence South 27°40’20”East 30.96 feet to the southerly line of said 32 road;thence along said southerly line North 76°38’1 Q”East 78.53 feet;thence North & 1 Description of EASEMENT NO.5 FOR ASSESSMENT DISTRICT NO.7,COUNTY SANITAT1O~ DISTRICT NO.7 (continued). 2 3 51°37’10”East 89.90 feet to a line that bears South 40°33’40”East from the point of 4 beginning;thence North 40°33’40”West ~5.01 feet to the point of beginning. S PARCEL 7-6—5d 6 That certain strip of land,~5.00 feet in width,reserved as on easement for road and public 7 utility purposes in Parcel 1 of the deed recorded as Document 8823.in Book 5942,page 543 of 8 Official Records of Orange County,California. 9 PARCEL 7—6-5e 10 That certain strip of land,~5.0O feet in width,reserved as an easement for road and public. 11 utility purposes in Parcel 1 of the deed recorded as Document 5308 in Book 6496,page 942 of 12 Official Records of Orange County,CaUfornia. 13 PARCEL 7—6—5f 14 That portion of that certain private road,30 feet in width,as shown ona mop filed in Book 15 40,page 32 of Records of Survey of Orange County,California,and the northerly prolongation 16 of said road a centerline distance of 38.50 feet,lying within the 1.206 acre parcel shown on 17 said map. 18 PARCEL 7—6--5g 19 The Easterly ~5.00 feet of that certain parcel of land described in the deed recorded as 20 Document 22291 in Book 6645,page 628 of Official Records of Orange County,California. 21. Prepared by, 22 BOYLE and LOWRY CAC:pp Carl A.Corlson,C.E.6654 25.4~—8435-06—O3 W-689 26 4-26-66 27 28 29 30 31 32 1~ 2~ 3 4 6 7~ 8 9~ 10 1]. 12 13 14 15~ 16 17 18 19 20 2]. 22 23 24 25. 26 27 28 29 30 31 Description of EASEMENT NO.6 FOR ASSESSMENT DISTRICT NO.6,COUNTY SANITATIOI~ PARCEL 7—ó—óa That portion of that certain 20—foot road easement shown on a map filed in Book 46,page 29 of Records of Survey of Orange County,California,lying within the .00 acre (gross)parcel shown on said map. EXCEPT street. PARCEL 7-6-6b That portion of that certain 20—foot road easement shown on a map filed in Book 46,page 29 of Records of Survey of Orange County,California,lying within the .10 acre (gross)parcel shown on said mop. PARCEL 7—6—6c The Northwesterly 20.00 feet of.that certain parcel of land described in the deed recorded as Document 22823 in Book 7647,page 644 of Official Records of Orange County,California. PARCEL 7—6-6d The Westerly 20.00 feet of that certain parcel.of land described in the deed recorded as Document 25799 in Book 7065,page 229 of Official Records of Orange County,California. Prepared by, BOYLE and LOWRY Carl A.Carison,C.E.6654 CAC:pp 4~—8435—06—03 W—689 4—26-66 32 1 Description of EASEMENT NO.7 FOR ASSESSMENT DISTRICT NO.6,COUNTY SANITATION DISTRICT NO.7. 2 3 PARCEL 7—6—7a 4 The Southerly 40 feet of that certain parcel of land described as Parcel in the deed recorded 5 as Document 46Vl9 in Book 2228,page 126 of Official Records’.of Orange County,California. 6 PARCEL 7-6-7b 7 The Southerly 40 feet of that certain parcel of land described as Parcel 1 in the deed recorded 8 as Document 10233 in Book 4175,page 421 of Official Records of Orange County,California. 9 PARCEL 7-&-7c 10 The Southerly 10 feet of Lot 18,Block “A”of Keller’s Addition to Earihom,as shown on a 11 map thereof,recorded in Book 17,page 84 of Miscellaneous Records of Los Angeles County, 12 California,and that portion of the north half of Pearl Street ad~oinng said Lot 18 on the south, 13 vacated by Resolution of the Board of SupeMsors of Orange County,California,a certified 14 copy thereof being recorded July 1,1944 in Book 1265,page 23 of Official Records of said 15 Orange County. 16 PARCEL 7-6-7d 17 The Southerly 40 feet of that certain parcel of land described in the deed recorded as 18 Document 15304 in Book 6219,page 592 of Official Records of Orange County,California. 19 . 20 21 Prepared by, 22 BOYLE and LOWRY 23 24 Carl A.Carlson,C.E.6654 25.CAC:pp 41—8435—06—03 26 W-690 27 4-26-66 28 29 30 31 32 41Lc~T -rrz.~ 1~iM.20-40,41. ~JP441~,od?I 1c2~~4’ XI’•z~i~’~ •-P~i UT OF CCMMCI4C&I.4tW1 ~•t.~4RRo’ro ,WE~ B00K7942 PACE5I I 1—17—66 NO.7 U PRO POSED ANNEXATION to the ORN~GE COUNTY S~9fl?T1DN DISTRICT •Ha1F-Conw~y Annexetion EXHIBIT B / 0 .If~ I~J 0-J 0 I TtZ,’~c-r t~A.~A. 2 484-G. 17Z-2q 10 It I. -ri. TRraC-t ‘7 33- I6‘3 0 t~. 0 U 2 0 0~ ~PR0P~fZT’? NJ. I I,lc~3 ‘~ .zBo Iq4ø~w. LW LI”LII’J~LOT 41 TrZ.G70. (I-4~..~_L P~o~EIz-r~.~’) 15.1 4’ /ç). c)~(~(A1~4.~’’~ 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.~was regularly passed and adopted at an adjourned regular meeting of said Board on the 4t~day of ~y ,1966, by the following vote,to wit: AYES:~jrt~x.~~Lii~t,(ixuber,Harvey,Meyers, 1~aL’~~iU3 Al 1f~n NOES: ABSENT:~cN~ IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.7 ,o~Orange County,California,this ~4th day of Miy ,1966. 1L~.1.i.,L)~L .L ~ Board of Directors of County Sanita tion District No.7 ,of Orange County, California