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HomeMy WebLinkAboutResolution 1976 - 0036RESOLUTION~NO.76-36-3 AUTHORIZING CONDEMNATION IN CONNECTION WITH CONTRACT NO.3-21-2 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY 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:’WESTSIDE RELIEF INTERCEPTOR, PORTION OF REACH 27 AND REACHES 2S AND 29, CONTRACT NO.3-21-2 *********** The Board 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 required 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 Schedule “A”and shown on maps marked Exhibit “A” attached hereto and,made a part hereof as though set out in full herein;and, 3 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 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 permanen€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 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.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 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 SanitationDistrict No.3,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 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 February 11,1976’. CONDEMNATION ACTION PROVED UNNECESSARY WITH REGARD TO THIS CONTRACT. THEREFORE,WILL BE NO SCHEDULES OR EXHIBITS TO THIS RESOLUTION. SCHEDULE “A”/EXHIBIT “At’ STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I,J.WAYNE SYLVESTER,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.76-36-3 was regularly passed and adopted at a regular meeting of said Board on the 11th day of February , 19 76,by the following vote,to wit: AYES:Directors Phillip Cox (Chairman),Norman Culver,Don Griffin,Vernon Evans,Donald Fox,Beth Graham, Miriam Kaywood,Alice MacLain,Thomas McKnew,Richard Olson,Donald.Shipley,BernjeSvalstad,Robert Root, and MarthaWeishaupt NOES:None ABSENT:Director Edward Byrne and Laurence Schmit IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.3 of Orange County, California,this 11th day of February , 19 76.. of 0 nge County,California S -104