HomeMy WebLinkAboutResolution 1990 - 0148RESOLUTION NO.90-148
DESCRIBING A CERTAIN PROJECT;MAKING STATEMENT
OF THE PUBLIC USE FOR WHICH CERTAIN PROPERTY
IS TO BE TAKEN IN REFERENCE TO STATUTORY
AUTHORITY TO ACOUIRE SAID PROPERTY BY EMINENT
DOMAIN;DESCRIBING GENERAL LOCATION AND EXTENT
OF SAID PROPERTY TO BE TAKEN;DECLARING
FINDINGS AND DETERMINATIONS ON PUBLIC
INTERESTS AND NECESSITY FOR SAID PROPERTY;
AUTHORIZING AND DIRECTING EMINENT DOMAIN
PROCEEDINGS TO BE COMMENCED IN SUPERIOR COURT
TO ACQUIRE SAID PROPERTY,INCLUDING
APPLICATION FOR POSSESSION OF SAID PROPERTY
PRIOR TO JUDGMENT;AND MAKING OTHER
DETERMINATIONS
A JOINT RESOLUTION OF THE BOARD OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS.6,7 AND
14 OF ORANGE COUNTY,CALIFORNIA,DESCRIBING A
CERTAIN PROJECT;MAKING STATEMENT OF THE
PUBLIC USE FOR WHICH CERTAIN PROPERTY IS TO BE
TAKEN IN REFERENCE TO STATUTORY AUTHORITY TO
ACQUIRE SAID PROPERTY BY EMINENT DOMAIN;
DESCRIBING GENERAL LOCATION AND EXTENT OF SAID
PROPERTY TO BE TAKEN;DECLARING FINDINGS AND
DETERMINATIONS ON PUBLIC INTERESTS AND
NECESSITY FOR SAID PROPERTY;AUTHORIZING AND
DIRECTING EMINENT DOMAIN PROCEEDINGS TO BE
COMMENCED IN SUPERIOR COURT TO ACQUIRE SAID
PROPERTY,INCLUDING APPLICATION FOR POSSESSION
OF SAID PROPERTY PRIOR TO JUDGMENT;AND MAKING
OTHER DETERMINATIONS
WHEREAS,County Sanitation Districts Nos.6,7 and.14 of
Orange County,California,are public entities organized arid
existing under and pursuant to the laws of the State of California
and are vested with statutory authority to exercise the power of
eminent domain to acquire property for public purposes;and
WHEREAS,the Boards of Directors intend to undertake a certain
project for public purposes;and
WHEREAS,in order to accomplish the Project,the Boards of
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Directors believe that it is necessary to acquire by eminent domain
certain property,including the right of temporary occupancy of
adjacent lands for construction purposes,hereinafter collectively
called “Subject Property”;and
WHEREAS,pursuant to Section 1245.235 of the Code of Civil
Procedure,these Boards of Directors have fixed a time and place
for public hearing on the matters referred to in Section 1240.030
of the Code of Civil Procedure;and
WHEREAS,the Boards of Directors have given each person who
owns or claims a right in the subject property proposed to be
acquired by eminent domain whose name and address appears on the
last equalized County Assessment Roll notice and a reasonable
opportunity to be heard in the time,form and manner required by
Section 1245.235 of the Code of Civil Procedure;and
WHEREAS,at the public hearing,the Boards of Directors did
hear and consider all testimony,written and oral,to the matters
referred to in Section 1240.030 of the Code of Civil Procedure.
NOW,THEREFORE,the Boards of Directors of County Sanitation
Districts Nos.6,7 and 14 of Orange County,California,
DO HEREBY RESOLVE,DETERNINE AND ORDER:
Section 1 That the above Recitals are all true and
correct.
Section 2 That the Subject Property to be taken by
eminent domain is for a public use,to-wit:
Construction of the Baker—Gisler Interceptor,Fairview Road
to Plant No.1,Contract No.14-1-lA
hereinafter referred to as the “Project”.
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Section 3 That the Districts are authorized and empowered
to commence eminent domain proceedings to acquire the Subject
Property pursuant to the statutes specified as follows:
(a)Sections 4740 and 4741 of the Health and Safety Code;and
(b)Eminent Domain Law,being Title 7,Part III of the Code
of Civil Procedure.
Section 4 That a description of the general location and
extent of the Subject Property to be taken by eminent domain is set
forth in Exhibit “A”attached hereto~and made a part hereof.
Section 5 That these Boards of Directors do hereby find,
determine and declare as follows:
(a)That,to the extent acquisition of the Subject Property
results in a remnant,such remnant shall be acquired by eminent
domain herein,pursuant to Section 1230.410 of the Code of Civil
Procedure;
(b)That,to the extent the Subject Property or interest
therein is already appropriated to a public use,the use proposed
herein will not unreasonably interfere with or impair the
continuance of the public use as it presently exists or may
reasonably be expected to exist in the future,pursuant to Section
1240.510 of the Code of Civil Procedure;and
(C)That,to the extent the Subject Property or interest
therein is already appropriated to a public use,the use proposed
herein is a more necessary public use than the use to which the
Subject Property is presently appropriated,pursuant to Section
l240.6l0 of the Code of Civil procedure,or,in the alternative,
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the use proposed herein is a compatible public use which will not
unreasonably interfere with the continuance of the existing public
use,pursuant to Section 1240.630(a)of the Code of Civil
Procedure.
Section 6 The Boards of Directors further find,determine
and declare as follows:
(a)That the public interest and necessity require the
Project;
(b)That the Project is planned or located in the manner that
will be most compatible with the greatest public good and the least
private injury;
(C)That the Subject Property sought to be acquired is
necessary for said Project;and
(d)That a written offer of just compensation has been made
to the owners of record of the Subject Property in the time,form
and manner required by Section 7267.2 of the Government Code.
Section 7 That Rourke &Woodruff,General Counsel for the
Districts,are hereby authorized and directed to commence an action
in the Superior Court of the State of California,for the County
of Orange,in the name and on behalf of one or more of the
Districts,against those persons who appear of record or who are
known to have a claim or interest in the Subject Property described
in Exhibit “A”for the purpose of acquiring the Subject Property
by eminent domain for the public use described herein and to make
application for possession of the Subject Property prior to
j udgment.
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Section 8 That the officers of the Districts are hereby
authorized and directed to withdraw necessary sums to deposit with
the Superior Court as the probable amount of compensation that will
be awarded in the eminent domain proceedings to acquire the Subject
Property described in Exhibit “A”.
Section 9 That the off icets of the Districts are hereby
authorized and directed to take any appropriate action consistent
with the purposes of this Resolution.
PASSED AND ADOPTED at a regular meeting held October 10,1990.
(Q\547.cj•)
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EXHIBIT “A”
DESCRIPTION OF SUBJECT PROPERTY
Parcel 1—1
A permanent sewer easement over propertydescribed as follows:
That portion of Parcel 3 in the City of Costa
Mesa,County of Orange,State of California,
as shown on a map filed in Book 68,Page 50 of
Parcel Maps in the Office of the County
Recorder of said County,together with that
portion of Parcel 2 as shown on a map filed in
Book 89,Page 50 of Parcel Maps in said county
records office described as follows:
The easterly 25~.00 feet of the westerly 43.00
feet of said Parcels 3 and 2,the westerly
line of which bears North 0 degrees 40 feet 3
inches West a distance of 478.50 feet.
EXHIBIT A—i
Parcel 1-2
A temporary construction easement over property described as
follows:
That portion of Parcel 3 in the City of Costa
Mesa,County of Orange,State of California,
as shown on a map filed in Book 68,Page 50 of
Parcel Maps in the Office of the County
Recorder of said County,together with that
portion of Parcel 2 as shown on a map filed in
Book 89,Page 50 of Parcel Maps in said county
records office described as follows:
The westerly 18.00 feet of said Parcels 3 and
2,the westerly line of which bears North 0
degrees 40 feet 03 inches West a distance of
478.5 feet and;the easterly 25.53 feet of
said Parcel 3 and;the easterly 17.00 feet of
the westerly 60.00 feet of said Parcel 2.
EXHIBIT A—2
Parcel 2—1
A permanent sewer easement over property described as follows:
That portion of Parcel “C”within Sections 4
and 5 of Township 6 South,Range 10 West in
the City of Costa Mesa,County of Orange,
State of California,as described in a deed
recorded in Book 11536,Page 46,Official
Records of said County described as follows:
Beginning at a point on the centerline of
Gisler Avenue,said point being the most
northwesterly corner of Tract No.3363,as
shown on a map recorded in Book 112,page 37
of Miscellaneous Maps,in the County Recorder
of said County;thence South 0•00’23”east
35.00 along the westerly line of said tract to
a point on the southerly right-of-way line of
Gisler Avenue being the TRUE POINT OF
BEGINNING;thence South 75’58’13”West 103.80
feet;thence North 89•59’37”West 648.78 feet;
thence North 83•55’l6”West 236.33 feet to a
point on said southerly line of Gisler Avenue;
thence South 89•59’37”East 983.78 feet along
said southerly line to the TRUE POINT OF
BEGINNING.
EXHIBIT A—3
Parcel 2-2
A temporary construction easement over property described as
follows:
That portion of Parcel “C”within Sections 4
and 5 of Township 6 South Range 10 West,in
the City of Costa Mesa,County of Orange,
State of California,as described in a deed
recorded in Book 11536,Page 46,Official
Records of said County,described as follows:
Beginning at a point on the centerline of
Gisler Avenue,said point being the most
northwesterly corner of Tract No.3363,as
shown on a map recorded in Book 112,Page 37
of Miscellaneous Maps,in the County Recorder
of said County;thence South 0.00’23”West
25.00 feet along said westerly tract line;
thence South 75.58’l3”West 103.08 feet;
thence North 89’59’37”West 648.78 feet;
thence North 77•58’56”West 240.26 feet to a
point on said southerly line of Gisler Avenue;
thence South 83’55’16”East 286.33 feet;
thence South 89•59’37”east 648.78 feet along
a line parallel with and distant 25.00 feet
southerly from said southerly line of Gisler
Avenue;thence North 78•58’l3”east 103.08
feet to the TRUE POINT OF BEGINNING.
EXHIBIT A-4
Parcel 3
A permanent sewer easement over property described as follows:
Those portions in the Southeast quarter of Section 32 and the
Southwest quarter of Section 33,in Township 5 South,Range 10
West,in the City of Costa Mesa,County of Orange,State of
California,described as follows:
Parcel A
A strip of land,20 feet in width,the
Easterly line of which is described as
follows:
Beginning at the Southwesterly corner of Tract
Map No.6693,said corner being a point on the
centerline of Gisler Avenue distant 331.00
feet due West thereon from the intersection
with the centerline of Iowa Street as shown on
said Tract map,said point also being on the
common boundary with the Easterly line of the
land of the Southern California Edison Company
(SCE)as described in a deed recorded in Book
3588,Page 491,Official Records of said
County;thence Northeasterly along said common
boundary and along a curve concave
Southeasterly of radius 22,668.30 feet through
a central angle of 03’40’21”and a distance of
1,452.98 feet to the TRUE POINT OF BEGINNING
to which a radial line bears North 64.36’42”
West;thence continuing along said common
boundary North 28•56’56”East 621.33 feet to
a point hereinafter referred to as “POINT A”.
Parcel B
Beginning at point “A”described hereinabove;
thence leaving said common boundary North
61~03’04”West 75.00 feet to a point on the
Westerly line of said SCE property,said line
being the common boundary with the land of the
Orange County Flood Control District (OCFCD)
as described in a deed recorded in Book 1690,
Page 408,Official Records of said County;
thence continuing along said common boundary
North 28•56’56”East 150.00 feet;thence
leaving said common boundary South 61•03’04”
East 75.00 feet to a point on said common
boundary of the Easterly line of the land of
SCE with Tract Map No.6693,said point being
hereinafter referred to.as “POINT B”;thence
along said Easterly SCE line South 28.56’56”
EXHIBIT A-5
West 150.00 feet to the Point of Beginning.
Parcel C
A strip of land,15 feet in width,the
Easterly line of which is described as
follows:
Beginning at point “B”described hereinabove;
thence along said common boundary between the
land of SCE and tract Map No.6693 North
28•56’56”East 482 feet to the Northwesterly
corner of lot 37 as shown on said Tract Map,
said point also being on the Southerly line of
an Easement to the County Sanitation Districts
of Orange County (CSDOC)as described in a
deed recorded in Book 1151,Page 216,Official
Records of said County.The Westerly sideline
of said parcel shall be prolonged,continued,
or shortened at the northwesterly terminus so
as to terminate on the Southerly line of said
CSDOC Easement.
Parcel D
Beginning at the intersection of the Easterly
boundary of the land granted to the Southern
California Edison Company in a deed recorded
in Book 3588,Page 491,Official Records of
said County and the centerline of Gisler
Avenue,said intersection point being distant
331.00 feet due west of the centerline
intersection of.Gisler Avenue and Iowa Street;
thence Northeasterly along said Easterly
boundary 44.29 feet along a curve concave
Southeasterly of radius 22,668.30 feet through
a central angle of 00’06’43”to the TRUE POINT
OF BEGINNING;thence due west 50.00 feet;
thence North 24.00’OO”East 80.00 feet;thence
North 49.00’OO”East 119.16 feet to a point on
the Easterly boundary of said Edison land;
thence Southwesterly along said Easterly
boundary 167.73 feet along a curve concave
Southeasterly of radius 22,668.30 feet through
a central angle of 00.25’26”to the TRUE POINT
OF BEGINNING.
EXHIBIT A-6
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Boards of Directors of County
Sanitation Districts Nos.6,7 and 14 of Orange County,California,do hereby
certify that the foregoing Resolution No.90—148 was passed and adopted at a
regular meeting •of said Boards on the 10th day of October,1990,by the
following vote,to wit:
Don E.Smith,Chairman,John C.Cox,Jr.,Richard B.Edgar,
Dan Griset,Don R.Roth,Sally Anne Sheridan,James A.Wahner
None
None
Peer A.Swan,Chairman,Leslie A.Pontious,Don R.Roth,
Sally Anne Sheridan,Don E.Smith
None
None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.6 on behalf of itself and Districts
Nos.7 and 14 of Orange County,California,this 10th day of October,1990.
~~S ~
~-~-~T ~.
Boards of Directors,CoiThty
Sanitation Districts Ns~-~6,7 and .14
of Orange County,Cali~orn1a ~~
District 6
AYES:Ruthelyn Plumer,Chairman,Don R.Roth,James A.Wahner
NOES:None
ABSENT:None
District 7
AYES:
NOES:
ABSENT:
District 14
AYES:
NOES:
ABSENT: