HomeMy WebLinkAboutResolution 1967 - 0071RESOLUTION NO.67-71—7
AUTHORIZING FILING OF CONDEMNATION
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANI
TATION 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,TO ACQUIRE EASEMENTS FOR SEWERS TO SERVE
THE LILJEBLAD-WESSINGER ANNEXATION NO.11
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 Dis
trict 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 situatedin the County
of Orange,State of California,and is more particularly described
on Schedule “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
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 4 That the permanent easements and rights
be 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
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
of way to
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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,
Nisson &Kogler,2OlL~North Boradway,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 condenination 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 Couut~y 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—
SCHEDULE ‘A’TO RESOLUTION NO.67-71-7
All that certain land situated in the State of California,County
of Orange,described as follows:An easement under a strip of
land 20.00 feet in width,in Block 15 of Irvine’s Subdivision in
the County of Orange,State of California,as shown in a map
thereof recorded in Book 1,Page 88 of Miscellaneous Maps,
Records of Orange County,California,and being a portion of
Parcel 1 of the land described in deed to Thomas W.Anderson
and wife,recorded January 30,1959,in Book 4569,Page 64,
Official Records,in the office of the County Recorder of said
Orange County,the northerly line of said 20.00 foot strip being
described as follows:
Beginning at the most easterly angle point in the exterior boundary
of said land conveyed to Anderson,said angle point being the
southeasterly terminus of that certain course described as S.
82°49’15”E.134.64 feet,and r~nntng thence along said
exterior boundary N.82°49 15 W.34.64 feet;thence N.62°
27 15 .W.,159.31 feet to the most northerly angle point in
said exterior boundary of land conveyed to Anderson,being the
termination of the 20.00 foot wide strip of and described herein.
SCHEDULE A
STATE OF CALIFORNIA
COUNTY OF ORANGE
I,FRED A.HARPER,Secretary of the Board of Directors
of County Sanitation District No.,of Orange County,Cali
forriia,do hereby certify that the above and foregoing Resolu.
tion No.67—71~.7 was regularly passed and adopted at a
regular meeting of said Board on the])4th day of June
1967,by the following vote,to wit:
AYES:Directors Clifton C.Miller (Chairman),Al Forgit,
Thomas McMiohael,Rex A.Parka,Ellis N.Porter,
and ~vid L.Baker
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 l9thday of June
1967.
F~éd7~.Harper,Secretary
Board of Directors of County Sanita
tion District No.7 ,of Orange
County,California