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Home My WebLink AboutResolution 1969 - 0042-7RESOLU’rION NO,69-42-7 AUTHORIZING CONDEMNATION IN CONNECTION WITH CONTRACT NO.7-iF-B,SOUTH COAST PLAZA SUBTRUNK SEWER 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 -(Contract No.7-iF—B) 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 of incidental thereto including manholes,measuring devices,pumping stations and other structure 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 rea~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 Schedules “A”and “B”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 L~•That the permanent easements and rights of way to be acquired shall include: (a)The right to construct manholes,air valves,blow— offs,puiripin~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 of othe~’works,to construct and maintain an access road upon,over and .~ N —2— along such permanent easements and rights of way as may be in the public interest from time to time. Section 5.That the temporary easements and rights of way to be acquired shall Include and extend for the duration Indicated as follows: (a)Temporary easements for road purposes and to provide an area In which to work and to pile and store machinery,equipment,and excavated and other materials and supplies;together with the right to excavate,remove improvements,trees,shrubs and other growth thereon,unless specifically other— wise provided,in aid of the construction of the trunk sewer or sewers of the District. (b)The said temporary easements shall exist for the period of time necessary for the District to con— struct a trunk sewer and works incident thereto, Including appurtenances,but not to exceed a period of six months. (c)The District on or before the expiration dates of said temporary easements will redeliver possession of the whole area Included within the hereinabove- described temporary easements to the owner or owners thereof in such manner as to permit the use of said land for suëh purposes as utilized prior to the temporary use by the District as here inabove described. Section 6 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 Miler, Nisson &Kogler,201)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 —3— i RE~OLUTIOH NO.69_L~2_7 (a)A permanent easement and right of way described as: Parcel ~l A strip of land 15.00 feet in width in Section 36,Township 5 South,Range 10 West,in the land allotted to James McFadden in decree of partition of the Ranc’no Santiago de Santa Ana recorded in Book “B”of Judgments of the 17th Judicial District Court of California,in the City of Santa Ana,County of Orange,State of California,the centerline of said strip being parallel and concentric with and easterly 30.00 feet (measured at right angles or radially) from the easterly line of the strip of land described in the deed to the Orange County Flood Control District recorded in ]3ook 5603,Page 391 of Officia].Records in the office of the County Recorder of said Orange County. Except therefrom that portion thereof lying north erly of the north line of the land described in deed recorded in Book 195,Page 555 of Deeds in the office of said County Recorder. (b)A temporary easement and right of way described as: Parcel 2 A strip of land 50.00 feet in width in Section 36,Township 5 South,Range 10 West,in the land allotted to James McFadden i~decree of partition of the Rancho Santiago do Santa Ana recorded in Book “B”of Judgments of the 17th Judicial District Court of California,in the City of Santa Ana, County of Orange,State of California,the center line of said strip being parallel and concentric with and easterly 25.00 feet (measured at right angles or radially)from the easterly line of the strip of land described in the deed to the Orange County Flood Control District recorded in Book 5603,Page 391 of Official Records in the office of the County Recorder of said Orange County. Except therefrom that portion thereof lying northerly of the north line of the land described in deed recorded in Book 195,Page 555 of Deeds in the office of said County Recorder. EXHIBIT “A’ EXHIBIT ~u ~E~SOLUTIOM NO~69-42--7 TI~HALL &FOREMAN INC. CIVIL ENGIN~ERS.LANO SURVEYORS 400W.10TH ST..SANTA ANA. CALSE.92?OI (714)54Z.233~ I ~V I DAT(~Z769 L00 /3/Z /~, •U~JCCT 5~/c4 ,‘a a~c_at7~pa/1y 5ewc’~ci ~7//~,~)Ca5~/fl’~’~‘,p7~/o”.~ I... ¼) ¼) ‘¼.I,n~-/9f-~Tf~£~. Parcel 2 ~fo co~v’5r~’u~r/c~V A. ~ • . • .• • . . Parcel I /~‘$EWL~/~’~4g~AV 7. ~0~ /c~~~/1V1~L C .4 VE/v’~J~ 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 condemming 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 7 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 ofthe 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. 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 ~o.69-’42-7 was regularly passed and adopted at an adjourned regular meeting of said Board on the 27th day of May,1969,by the following vote,to wit: AYES:Directors Miller,Porter,Marshall,Smith and Hirstein NOES:None ABSENT:None ABSTAIN:Director Gi~iset 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 28th day of May,1969, ,~a. Secretary of the Board of IUirectors of County Sanitation District No.7, of Orange Couhty,California