HomeMy WebLinkAboutResolution 1975 - 0143RESOLUTION NO.75~1113~2
AUTHORIZING CONDEMNATION IN CONNECTION
WITH CONTRACTS NOS.2—l~—~AND 2—l~--5
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.2
,
OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
SITUATED IN THE COUNTY OF ORANGE,STATE OF
CALIFORNIA,RE:CONTRACTS NOS.2-1~I-~AND 2—1~4-5
The Board of Directors of County Sanitation District No.2
of Orange County,California,-
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That the Board of Directors of County Sanitation
District No.2 ,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 necessa~ry
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
Schedule “A”and shown on maps marked Exhibit “A”attached hereto
and made apart 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;
Cc)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 LI 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 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.2
,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.2
,
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.2,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 Auditorof the District is authorized upon
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
tlme.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 October 1,1975.
CONDEMNATION ACTION PROVED UNNECESSARY
WITH REGARD TO THIS CONTRACT.
THEREFORE,WILL BE NO SCHEDULES OR
EXHIBITS TO THIS RESOLUTION.
SCHEDULE “A”/EXHIBIT “A”
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
I,3.WAYNE SYLVESTER,Secretary of the Board of Directors of
County Sanitation District No.2 of Orange County,California,do
hereby certify that the above and foregoing Resolution No.75-143-2
was regularly passed and adopted at a~regular meeting of said Board
on the 1st day of October ,1975 ,by the following vote,to wit:
AYES:Directors Michael Callahan (Chairman),Vernon Evans,
Miriam Kaywood,Leonard MacKain,Bob Perry,George
Scott,Jess Perez,Donald Winn,and Robin Young
NOES:None
ABSENT:Directors Ralph Clark and Frances Wood
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
official seal of County Sanitation District No.2 of Orange County,
California,this 1st day of October ,1975 .
J/~ger,~ecretary
,Board1~’f !~3kectors of County
“Sa itMion District No.2
Orange County,California
S-104