HomeMy WebLinkAboutResolution 1975 - 0058 1C
RESOLUTION NO. 75-58-7
AUTHORIZING CONDEMNATION IN CONNECTION
WITH CONTRACT NO. 7-6-7
•
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 : TUSTIN-ORANGE TRUNK SEWER, REACH
11 AND A PORTION OF REACH 12, CONTRACT NO. 7-6-7
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 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 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; and,
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
• Exhibit "A" and shown on maps marked Exhibit "B" attached hereto
and made a part hereof as though set out in full herein; and,
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 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 4 . 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
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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 or other works , to
construct 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 District' s General Counsel
be and he 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 attorney is 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; and,
Section 6 . That the Auditor of the District is authorized upon
-3-
receipt of a Court order and demand from the 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 ADOPTED at a regular meeting held April 9, 1975•
•
-4-
Description of PERMANENT EASEMENTS FOR TUSTIN-ORANGE TRUNK SEWER FOR
COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY
1 Those portions of the railroad right-of-way described in the deed to Southern Pacific
• 2 Railroad Company recorded in Book 570, page 288 of Deeds of Los Angeles County, California,
3 in the County of Orange, State of California, described as-follows:
4 PARCEL NO. 1 (Permanent.Easement)
5 That portion of said right-of-way, 77.00 feet in width, as shown on a map of Tract No.
6 8475 recorded in Book 342, pages 38 through 40 of Miscellaneous Maps of said Orange County,
7 lying southerly of the westerly prolongation of the south line of Lot 11 of the Vanderlip and
8 Rowan tract per map thereof recorded in Book 5, page 160 of Miscellaneous Records of Los
g Angeles County, California, and northerly of the northerly line of Irvine Boulevard (formerly
10 Fourth Street) as shown on said map lying within the easterly 10.00 feet of the westerly 45.50
11 feet thereof.
12 The above-described parcel contains 0.1321 acre.
13 PARCEL NO. 2 (Permanent Easement)
14 The easterly 10.00 feet of the westerly 19.00 feet of that portion of said right-of-way
15 lying northerly of said southerly line of Lot 11 and southerly of the southerly line of Warren
16 Avenue as shown on a map of Tract No. 3779 recorded in Book 135, pages 31 and 32 of said
17 Miscellaneous Maps.
18 The above-described parcel contains 0.2732 acre.
19 PARCEL NO. 3 (Permanent Easement)
20 That portion of said right-of-way lying northerly-of the northerly Iine of said Warren
21 Avenue and southerly of the southerly line of Vanderlip Avenue as shown on a map of Tract
22 -No. 4061 (recorded in Book 151, pages 21 and 22 of said Miscellaneous Maps) and a map of
23 Tract No. 4552 (recorded in Book 158, pages 40 and 41 of said Miscellaneous Maps) within a
24 strip of land, 10..00 feet in width, lying 5,00 feet on each side of the following described
25 centerline:
26 Commencing at a point in the centerline of said Warren Avenue distant South 83051'12"
27 East 664.63 feet from its intersection with the centerline of Holt Avenue as shown on said mop
28 of Tract No. 4061; thence South 6008'48" West 6.00 feet to the True Point of Beginning; thence
29 North 1046'05" East 374.17 feet to the beginning of a tangent curve concave easterly having a
30 radius of 600.00 feet; thence northerly 19.60 feet along said curve through a central angle of
• 31 1052'19"; thence, tangent to said curve, North 3038'24" East 926.06 feet to a point in the
32 centerline of said Vanderlip Avenue distant South 83051'30" East 736.11 feet from its
EXHIBIT "A-l"
to
Resolution No. 75-58-7
Description of PERMANENT EASEMENTS FOR TUSTIN-ORANGE TRUNK SEWER FOR
COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY.- Continued
1 intersection with the centerline of said Holt Avenue.
•
2 The above-described parcel contains 0.2878 acre. .
3 PARCEL NO. 4 (Permanent.Easement)
4 That portion of said right-of-way as shown on a map of Tract.No. 2075 (recorded in Book
5 58, pages 1 and 2 of said Miscellaneous Maps)and on a map of Tract No. 1839 (recorded in
6 Book 53, page 35 of said Miscellaneous Maps) lying southerly of the southerly line of Seven-
7I teenth Street-and northerly of the northerly line of Vanderlip Avenue as shown on said maps
8 within the easterly 10.00 feet of the westerly 19.00 feet thereof.
9 The above-described parcel contains 0.2162 acre.
10 PARCEL NO. 5 (Permanent Easement)
11 That portion of said right-of-way lying southerly of the southerly boundary of Tract No.
12 440 as shown on a map recorded in Book 16, pages 21 and 22 of said Miscellaneous Maps and
13 northerly of the northerly line of said Seventeenth Street within a strip of land, 1.0.00 feet in
14 width, lying 5.00 feet on each side of the following described centerline:
15 Commencing at the intersection of the centerline of said Seventeenth Street with the
16 centerline of that portion of Brenan Way lying northerly-of said Seventeenth Street as shown on
17 a map of Tract No. 2580 recorded in Book 81, pages 38 through 42 of said Miscellaneous Maps;
18 thence along said centerline of Seventeenth Street North 83050'56" West 166.08 feet; thence
19 North 3038'24" East 27.53 feet to the True Point of Beginning; thence North 2053'22" East
20 612.23 feet to a line that is parallel with and distant easterly 6.00 feet at right angles from the
21 westerly line of said right-of-way; thence'along said parallel line North 3038'49" East 600.00
22 feet; thence leaving said parallel line North 3011'19" East 485 feet, more or less, to the
23 southerly boundary of Tract No. 440 as shown on a map recorded in Book.16, pages 21 and 22 of
24 said Miscellaneous Maps.
25 Excepting therefrom that portion lying within Esplanade Avenue as shown on a map of
26 Tract No. 2974 recorded in Book 92, page 12 of said Miscellaneous Maps.
27 The above-described parcel contains 0:4453 acre.
28 Prepared by,
29 BOYLE ENGINEERING CORPORATION
30i�.
i 31 Earl L. McCray, L.S. 25
_ s k "
32 B-007-123-52 EXHIBIT "A-2"
F-1421 to
5-9-75 Resolution No. 75-58-7
STATE OF CALIFORNIA )
SS.
COUNTY OF ORANGE )
I, J. WAYNE SYLVESTER, 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. 75-58-7 , was regularly passed and adopted at a regular
meeting of said Board on the 9th day of April , 1975 ,
by the following vote, to wit:
AYES : Directors Donald Saltarelli (Chairman) , John
Burton., Ralph Clark, Milan Dostal, John Garthe,
Francis Glockner, and James Jackman
NOES: None
ABSENT: None
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 9th day of April 1975
Fni
ay e vester, Secretary,
of rectors of County
do District No . 7
of Orange County, California
•
. 5-lo4
MOLT AVENUE MO T
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NO.
Cell,'VE DATA
PARCEL NO. •
0.1321 AC NO 8475 NO. 4552
'Al. S421-18-4o Z Ar PAR
CEL NO 2 NO, J 7 79
p ,q cel NO, 3
),2732 A( 0.2878 AC
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S
EO U NO. -IA Al X2
A/O*
OS c
R A/ c c
PARCEL NO. IA PA H6116-L— A10, 2 A Go' R
39/8 ',
0,8918,�,- Aye
10,41?CEL NO, 3A
A 14 5 8 4C.
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X
............
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Lai TRACT
j
.... NO,
TRACT /'-/00 O 4,10, S
IV3*3824le TRACT NO.
A10, 2075
27.53 PARCk-L A/0, 5 16121
PARCEL A/0- 4. /1,/.Al. 5811p V 0,44 5 7A
A VeAlUE
0.2162 AC zF5PI-AIVAOF
3 7
-7-17\5\1 P 4 C F
A
c R A D
e!W TRACTTRACT
PARCEL NO. 4A PARCEL /VO-5A\ > IPARCEL /VO-6A
r< (PARCEL NO >
0.8r,50,4C. 0.323o,4c.
NO. 1839 ^/0.2580 4 7- eFr 8,��z.ojv)
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Exhibit"B" to Resolution No. 75-58-7