HomeMy WebLinkAboutResolution 1971 - 0126-3RESOLUTION NO.71-125-3
AUTHORIZING CONDEMNATION.IN CONNECTION
~7Y~TH CONSTRUCTION OF KNOTT INTERCEPTOR,
CONTRACT NO.3-17
A RESOLUTION OF TR~BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO,3,OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN TI-rE COUNTY OF ORANGE,STATE OF
CALIFORNIA,RE:CONTRACT NO.3-17,KNOTT~
INTERCEPTOR
The Boai-d of Directors of County Sanitation District No.3,
)f Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND OI~DER:
Section 1 That the Board of Directors of County Sanitation
1)istrict 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,
~onstruction,completion,operation and maintenance by said
~ounty Sanitation District of certain public improvements,to
wit:A sanitary sewer and all facilities and appurtenances
iecessary or incidental thereto including manholes,measuring
Ievices,pumping stations,and other structures for the trans
)orting and receipt of sewage and industrial wastes for the
urpose of transportation,treating and disposing of said sewage
md industrial w’àstes 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,ar1d is more particularly
described on Schedule “A’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 r~ights of way to the extent compatable with the,full
and free exercise of said easements and rights of way;provided,
hbwever,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
rnents 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 uppn the completion of the improvements
to be constructedthereiri greater than six feet
in depth.
Section 14•That the permanent easements and ri~-ts 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.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,CalIfor~iia,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 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.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 Ceunty 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 A1~D ADOPTED at a regular meeting held October 13,1971.
STATE OF CALIFORNIA
SSe
COUNTY OF ORANGE
1,J..WAYNE SYLVESTER,Secretary of the Board of
Directors of Cointy Sanitation District No.3 ,
of Orange
County,California,do hereby certify that the above and
foregoing Resolution No.71-126-3 ,was regularly passed
and adopted at a regular meeting of said Board on the 13th
day of October ~19 71,by the following vote to wit:
AYES:Directors Joseph Hyde (Chairman),John
.Berton,Jerry Christie,Robert Clark,Norman
Culver,Jesse Davis,Jack Green,John Haprer,
Robert Harvey,Lorin Griset,Dexter Hemeon,
H.K.Holden,Derek McNhinney,Mark Stephenson,
Hal Sims and Robert Battin
•NOES:
None
•
ABSENT:
None
•IN WITNESS WNEREOF,I have hereunto set my hand and
affixed the official seal of County Sanitation District No.~3
of Orange County,California,thisl3 day of October
1971 •
•
:•:
______
•J’.,iW~ty~4~S ~ester,’Secretary
•
~‘Board (~f Diaectors of County
•
•
Sanitation District No.3,
of Orar~ge County,California
S_1otI~•
r ~