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Home My WebLink AboutResolution 1970 - 0039RESOLUTION NO.70-39-7 AUTHORIZING CONDEMNATION IN CONNECTION WITH ASSESSMENT DISTRICT NO.d (CONDEMNATION ~ti) 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.8 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 arid 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 trans porting 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 ~s more particularly descrjbed on Schedule ~Au 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 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 constructed upon,over,or along said ease nients 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 ~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 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 pipe line or pipelines or other works,to con struct 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 and Kogler,2014 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 authroized 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 anduse 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 0r~nge 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. PASSED AND ADOPTED at a regular meeting held March 11,1970. RGAl/~L~~O~GN G177//~’O o.’t - ~-•- OR. 60’ •- I • • - 8~ I F ~-s-’1 - yeSl/uao o;t. 1~. J(RO4fFC~/I8~Q7 r7Tfl~ 558//2 6/O..~. W4R~e,fl’CK(R SO I “ £to~4~4.4’D R/4’/7Ui7 84c417vo OI~’. • G993/389 e.g o.N(L ~EsrE,’N ~r 8710/122 O,~ scvo/28G OR. I I 620 7/Ga5 O.A~ JA/&S~SMOCK -8039,1,05 oP. /~~R.5,VLWIA/C$&/CH,fR~5~i 4,fD~fA’ 1v/~Ld.c0 NEA’1ZD~/?Q 0789/GIG O.R~ f 7.1-u] 80~//7Z4O.#~ .~P/SS,’OV,7R I i-v-ui e,cs/,’~i o..c~ .41~RC E~/.fYrO/1 Li~i SioDIOGv OR.---8~5e/7Q2 OR, RO8&c’T C.ThO/.M~ -Li-a-/el ~73I;/J9,G.E. ~80L’RgP,~ ~wI11I$ ~I(L~1/W’LUI ~I •Ozzo C ~ Q4’YA.CoArs (j1 E~i ~ 88~o/12/0.,c~ IU~1 CEo,?CS R.TOR,7CS 8’fb4/70,o.i~-8dc~?/2Zo O./~0~#-1~GZ5O// — - I JTT2i5R~:r~~ I — -•..:,..:,FXI1IDI.T:nA1~.- --.••.~.~ I,— - .•~ --,•~••-.. .•-•.-•i-I -•-. Dcuip~icn of E,~SEMENI FOR ASSESSMENT DISTRICT NO.8,COUNTY SANIIATON DI STRICT NO.7 (centinued) Parcel 7—2—23 (State of California AU of the land described in the deed to the Stole of California,recorded July 7,1967, as Document No.3778 in book 2305,pc:~e 281 of Official Records of Orange County,Californie~ Parcel 7—2—24 (Willis The southwesterly prolongation of that certain 50.00 foot wide strip shown as El Roy Drive on a mop filed in book 5,page 41 of Parcel Maps of Orange Count)’,California. Ex~p~u~ec~f~a~pn ueo~lying i~aiihcosici1y of the soufhwasrevi>’luic oI Parcel 4 a;shown on sold mop. Also exceptTn~ther~frorn ony portion thereof lying southwesterly of the northeasterly line or the land described in the deed recorded May 31,1968,os Document No.20904 in hook 8510,page 119 of Official Recorch of Orange County.,Calirornia. Parcel 7-2—25 (Herris) The Southeasterly 50.00 feat of that certain parcel of land recorded May 31,1268,os Document No.20934 in book 0618,page 119 of Official Records of Orange County,Californic~. A strip of land,25.00 feet in width,the southeasterly line of which is contiguous with the course described as North 350 20’10”Eost 45.94 feet in the deed recorded November 18,1966, as Document No.10145 in bo0k 8106,paoe 894 of Official Records of Orange Count)’,CaIiforn~: The northwesterly line of said strip to be prolonged or shortened so as to tcrminci~e in - the northwesterly ~nd soutliccisterly property lines of the land described in said deed. Parcel 7—8—27 (Olson That cert1~in 20.00 foot wide strip 0f lcmd and cul de sac shown as easement for ingress ond ogress (proposed)on o map filed in book 6,page 50 of Parcel Maps of Orange County,California. Prepared by, BOYLE ENGINEERING ~~ Cerl A.Ccirlsc,n,C.E.6654 1 2 5 4 \.5 6 7 8 9 10 11 12 3-3 14 15 16 .1.? 18 19 .20 21 22 25 24 20 27~ 28~ 29 3r;: a pp Si--2220-0~-00 Y-.307 2-26—69 A ‘~‘‘ .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.70-39-7 was regularly passed and adopted at a regular meeting of said Board on the 11th day of,March ~1970,by the following vote,to wit: AYES: Clifton C.Miller (Chairman),Wade Herrin, Ellis N.Porter,Howard Rogers,Don E.Smith and Wm.Hirstein NOES: None ABSENT: ~one IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.7 oi~Orange County,California,this 11th day of March ,1970. ~id ~8ec~r~ff~ Board of Directors of County Sanitation District No.7 , of Orange County,California