HomeMy WebLinkAboutResolution 1970 - 0068RESOLUTION NO.70-68-3
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AUTHORIZING_CONDEMNATION_IN CONNECTION
WITH SEAL BEACH BOULEVARD INTERCEPTOR
SEWER,CONTRACT NO.3-11
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.3,OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING AND DIRECTING
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TI-JR CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE,STATE OF
CALIFORNIA,RE:
The Bbard of Directors of County Sanitation District No.3,
of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That the Board of Directors of County Sanitation
District No.3 ,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 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 sLtuatedin the County of Orange,State
of California,is necessary therefor.
Section 2 That the real propert~i,the acquisition of
which is required by the public interest and necessity for the
uses ~rnd purposes set forth in Section 1 hereof,is situated in
the County of Orange,State of California,arid is more particularly
described on Schedu].e “A”and shown on maps marked Exhibit “A”
attached horoto and made a part hereof as thouGh set out in full
heroin.
Section 3 That i~he 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
ea~ements 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
t~ie 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 ancF 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.3 ,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.3 ,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 provision~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 rnoney deposits as said Court may direct and for an order
permitting County Sanitation DistrIct No.3 ,of Orange County,
Californla,to take immediate possession and use of said real property
‘or 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.
PASSED AND J~D0PTED at a regular mr~et1.ng held April 8,1970.
A
1 Descdption of PROPOSED EASEMENT FOR WESTS!DE RELIEF TRUNK SEWER FOR COUNTY
SANITATION DISTRICT NO.3 OF ORANGE COUNTY.
2
3 •PARCEL NO.1 (Permanent Easement
4 That portion of the southwest one—quarter of Section 31,Township 4 South,Range 11
5 West,in the County 0f Orange,State of California,described as follows:
6 Commencing at the south one—quarter corner of said section;thence North 88°46’41’
7 West along the south line of said section 1546.84 feet to a line that is parallel with and distant
8 Southwesterly 20.00 feet at right angles from the centerline of that certain 20.00 foot wide
9 strip of land described as Parcel 3 in the deed recorded December 23,1959 as Document
10 No.214035 in Book 5029,page 94 of Official Records of said Orange County;thence North
11 26°18’19”West along said parallel line 299.82 feet to the north line of the San Diego Freeway
12 right—of—way,which point is the TRUE POINT OF BEGINNING;thence continuing along said
13 parallel line North 26°18’19”West 271.18 feet to the southeasterly line of the Orange
14 County Flood Control right—of—way (40 feet in width)as described in the deed recorded in
15 Book 4832,page 227 of said Official Records;thence South 63°41’4i”West thereon 25.00
16 feet;thence South 26°18’19”East 198.01 feet to the beginning of a tangent curve concave
17 southwesterly ha~ing a radius of 120.00 feet;thence Southeasterly 50.47 feet along said curve
18 through a central angle of 24°05’52”;thence South 2°12’27”Eost,tangent to said curve,
19 5.05 feet to said north right—of—way line;thence South 88°46’08”East thereon 42.31 feet to
20 the TRUE POINT OF BEGINNING.
21 PARCEl.NO.2 (Permanent Easement
22 Beginning at the northeasterly corner of hereinabove described Parcel No.1;thence
23 along the southeasterly line of said Orange County Flood Control District right—of—way North
24 63°41’41”East 10.00 feet to the westerly line of that certain 30.00 loot wde easement
25 described in the Final Order of Condemnation recorded October 25,1966 as Document No.
26 13810 in Book 8085 pages 432 —435 inclusive of said Oficial Records;thence South 26°18’19”
27 East thereon 30.00 feet;thence North 63°41’4.1”East along the southeasterly line of said
28 easement 20.00 feet;thence South 18°41’41”West 42.43 feet to the northeasterly line of
29 hereinabove described Parcel No.1;thence North 26°18’1911 West thereon 60.00 feet to the
30 point of beginning.
31 PARCEL NO.3 (Temporary Easement
32 A strip of land,50.00 feel in width,thc northeasterly line of which is contiguous with
L.
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j Description of PROPOSED EASEMENT FOR WESTSIDE RELIEF TRUNK SEWER FOR COUNTY
SANITATION DISTRICT NO.3 OF ORANGE COUNTY.(Continued)
2
3 the southwesterly line of hereinabove described Parcel No.1.
4 The southwesterly line of said 50.00 foot Strip to be prolonged or shortened so as to
5 terminate at its southeasterly end in said north right—of—way line.
6
7 Prepa red by,
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1 Description of A PORTION OF 20-FOOT WIDE EASEMENT TO BE QUITCLAIMED BY
COUNTY SANITATION DISTRICT NO.3 OF ORANGE COUNTY.
2
3 That portion of the southwest one—quarter of Section 31,Township 4 South,Range
4 11 West,S.B.M.,in the County of Orange,State of California,within a strip of land,20.00
5 feet in width,lying 10.00 feet on each of the following described centerline.:
6 Commencing in the centerline of Garden Grove Boulevard (being also the south line of
7 said southwest one-quarter)at a point distant thereon North 88°46’411 West 1524.29 feet
8 from the intersection thereof with the centerline of Los Alamitos Boulevard,said intersection
Corner
9 being the south one—quarter/of said section 31;thence North 26°18’19”West 299.82 feet to
10 the north right-of-way line of the San Diego Freeway and the TRUE POINT OF BEGINNING;
.11 thence North 26°18’19”West 218.60 feet to the south line of the Orange County Flood
.12 Control District right—of—way as described in the deed recorded in Book 4832,page 227,of
:13 Official Records of said Orcsige County.
:14 The sidelines of said 20—foot strip of land to be prolonged or shortened at its southerly
:15 end so as to terminate in said north right—of—way line.
:16
17 Prepared by,
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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.3 ,
of Orange ~County,California,
do hereby certify that the above and foregoing Resolution No.70-68-3
was regularly passed and adopted at a regular meeting of said
Board on the 8th day of April ,l9”~j,by the following
vote,to wit:
AYES:Directors Norman E.Culver,Derek NcWhinney,
Harold Bousrnan,Jack Green,Wade Herrin,
Stanley Anderson,Robert Harvey,Dale Kroesen,
Frank Marshott,Robert Nevil,Louis Reinhardt,
A.J.Schutte,Edward Just,Robert Clark and
S
Alton E.Allen
NOES:None
ABSENT:
Paul Furman
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed the official seal of County Sanitation District No.
of Orange County,California,this 8th day of April ,197g.
ecr~A.Harper,~ecre
Board of Directors of Coun.
Sanitation District No.3
,
of Orange County,California