HomeMy WebLinkAboutResolution 1968 - 0056RESOLUTION NO.68-56-7
AUTHPRIZING CONDEMNATION IN
CONNECTION WITH ASSESSMENT DISTRICT NO.7
(coNDEMNATION #1)
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.7
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 determined,
and hereby does find and determine,that the public interest and
necessity require for public use the acquisition,construction,com
pletion,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 includ
ing 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.
~ction 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 Sechedule “A”and shown on maps marked Exhibit “A”attached hereto
and made a part hereof as though set out in full herein.
rights of way
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
constructed 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
to be acquired shall include:
(a)The right to construct manholes,air
valves,blowoff s,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
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the work,together with the right,upon
completion of the construction of the pipe
line or pipelines or other works,to con
struct and maintain an access road upor.,over,
and along such pericianent 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,20114 North Broadway,Santa Ana,California,be and it
is hereby authorized and directed to commence an action in the Super
ior 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 acquir
ing 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
Courty 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.
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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.7
,
of Orange County,California,
do hereby certify that the above and foregoing Resolution No.68—56—7
was regularly passed and adopted at a regular meeting of said
Board on the 12th day of June
,1968,by the following
vote,to wit:
AYES:Directors Clifton Miller (Chairman),Thomas
I~1cMiehaei,Ellis N.Porter,Howard Rogers,
and C.M.Featherly
NOES:NONE
ABSENT:Director Don E.Smith
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 13th day of June
,1968.
Fred
Board of Directors of C unty
Sanitation District No.7 ,of
Orange County,California