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Home My WebLink AboutResolution 1970 - 0069RESOLUTION NO.70-69-3 AUTHORIZING CONDEMNATION_IN_CONNECTION WITH WESTSIDE AVENUE INTERCEPTOR SEWER, CONTRACT NO.3-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNrIY SANITATION DISTRICT NO,3,OF ORANGE COUNTY,CALIFORNIA,AUTHORIZING AND DIRECTING THE 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,pl~mping 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 sttuated 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 is more particularly described on Schedule “A”arid shown on mapo marked Exhibit “A” attached hereto and made a part hereof as though set out in full herein, / S~ction3.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 ii 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 hewer 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.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.~,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 ar~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 dir~ct and for an order permitting County Sanitation District No.3,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 or~der~of the Court granting immediate possension of easements and.rights of way to the District. PASSED ~ND ADOPTED at a regu)ar meeting held April 8,1970. Description of SEWER EASEMENT IN SECTION 3-5—fl FOR COUNTY SANITATION DISTRICT NO.3 OF ORANGE COUNTY. 2 3 PARCEL NO.I (Permanent Easement 4 That p3rtion of the southwest one—quarter of Section 3,Township 5 South,Range 11 West, ~in the County of Orange,State of California,described as follows: 6 Commencing at the southwest corner of said Section;thence South 89°31’58°East 7 o!on~the south line of said section 180.00 feet;thence North 0°02’01”West,parallel with 8 the west line of said section 71.16 feet to a point in the northerly line of that certain parcel 9 oF land described in deed recorded September 11,1959 in Book 4876,page 308,Official 1~Records of said county,said point being hereinafter referred to as’Point A”;thence North 86° ~j.16’35”East along said northerly line 121.51 feet to the TRUE POINT OF BEGINNING;thence 12 continuing North 86°16’35”East 206.64 feet;thence North 44°01’46”West 44.52 feet; ]3 thence South 75°28’02”West 181.05 feet to said TRUE POINT OF BEGINNING. 14 PARCEL NO.2 (Temporary Easement 15 Beginning at “Point A”hereinabove described;thence North 86°16’35”East 121.51 16 feet;thence North 75°28’02”East 181.05 feet;thence North 44°01’46”West 57.45 feet; 17 thence South 75°28’02”West 265.05 feet;thence South 0°02’01”West 28.12 feet to the 18 point of beginning. 19 .20 Prepared by, 21 BOYLE ENGINEERING 22 23 Earl L.McCray,L~S 2628 24pm 7 / 81—2059-00-00 25 W-867 26 5-7-69 27 28 29 30 31 32 a — - ~Jv~I -- ~R?Pf~//i~c~e~?/~ ~~‘rc~/’2 ~C~~’~ -(c.29s~c~) fr ‘$,4’e ,~/72~~‘~(2,~//~‘?‘/7L~’ç/,~p~/~~// ,3I5).Y;:~/~.?f,~2~’.i22,~J/I/r../~p ~~ - I ~4//i r / ~6/—~ I ~~‘(~(/ 1.~4 3) 4.3 ‘_c.rq_90 J/’q,~4!.-~ .9;/0 - - WES 771-//fV~T8IS’/9 Vj~A’L/~ 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.70-69-3 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 Bousman,Jack Green,Wade Herrin, Stanley Anderson,Robert Harvey,Dale Kroesen, Frank Narshott,Robert Nevil,Louis Reinhardt, A.J.Schutte,Edward Just,Robert Clark and Alton E.Allen NOES:NoneS 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 ,1970. Fire A.Harper,Secretary Board of Directors of Cou ty Sanitation District No.3 , of Orange County,California