HomeMy WebLinkAboutResolution 1991 - 0037(I
RESOLUTION NO.91-37
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS.1,2,3,
5,6,7,11,13,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 DETERMINATION 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.1,2.,3,5,6,7,
11,13,and 14 of Orange County,California,are public entities
organized and 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
Directors believe that it is necessary to acquire by eminent domain
certain interests in real property,hereinafter collectively called
“Subject Property”;and
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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 and 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 Board of Directors did
hear and consider all testimony,written and oral,concerning the
matters referred to in Section 1240.030 of the Code of Civil
Procedure.
NOW,THEREFORE,the Boards of Directors of County Sanitation
District Nos.1,2,3,5,6,7,11,13,and 14 of Orange County,
California,
DO HEREBY RESOLVE,DETERMINE 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 interplant pipeline and utility
corridor joint treatment works project 1—9
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hereinafter referred to as the “Project”.
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 Exhibits “A”and “B 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
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Subject Property is presently appropriated,pursuant to Section
1240.610 of the Code of Civil Procedure,or,in the alternative,
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
Proj ect ;
(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 Palmieri,Tyler,Wiener,Wilhelm &
Waldron,Special 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 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 Exhibits “A”and “B”for the purpose of
acquiring the Subject Property by eminent domain for the public use
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described herein and to make application for possession of the
Subject Property prior to judgment.
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 proceeding to acquire the Subject
Property described in Exhibits “A”and t~BI~
Section 9 That the officers 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 March 13,1991.
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EXHIBIT A
The entire leasehold interest of D.W.Elliott in that
certain lease between D.W.Elliott and the City of Santa Ana,
dated March 19,1945 and pertaining to that certain real property
situate in the County of Orange,State of California,more
particularly described as follows:
Parcel #1
A strip of land 30 feet in width,the center line of which is
described as follows:Beginning at the point where the easterly
boundary line of the Rancho Las Bolsas between Stations 78 and 79
of the said boundary line is intersected by the line which bears
north 13°26’30”East from the point on the south line of south
line of Section 18,Township 6 South,.Range 10 West,S.B.B.&M..,
2294.92 feet North 89°38’East from the South quarter section
corner of said Section,said beginning point being on the
surveyed center line of the Santa Ana -Anaheim Joint Outfall
Sewer;thence from said point of beginning South 13°26’30”West
along said center line to Station 187 +74.49 being the point on
the south line of said Section 18,2294.92 feet North 89°38’
East from the south quarter corner of said Section;thence
continuing South 130 26’30”West along said surveyed center line
2795.66 feet to Station 215 +70.15;thence South 16°27’30”
West along said center line 1050.35 feet to a point 15.30 feet
South 84°45’East from Station 68 of the Rancho Las Bolsas,
together with the strip of land of varying widths lying between
the Easterly line of the above described 30 foot strip and the
Westerly line of the right of way of the Santa Ana River through
the Newbert Protection District.
Parcel #2
A portion of the Southeast quarter (SE¾)of Section 18,and a
portion of the East half (Es)of Section 19,in Township 6 South,
Range 10 West,S.B.B.&M.,lying within the Rancho Las Bolsas,
Orange County,California,more particularly described as
follows,to-wit:A strip of land 30 feet in width being 15 feet
on each side of the following described center line;beginning at
the point between Stations 78 and 79 on the Easterly boundary
line of the Rancho Las Bolsas,where it is intersected by a line
which bears North.13°26’30”East from the point on the South
line of Section 18,Township 6 South,Range 10 West,S.B.B.&N.,
2294.92 feet North 89°38’East from the South quarter section
corner of said Section;said beginning point being on the
surveyed,center line of the Santa Ana -Anaheim Joint Outfall
Sewer;thence from said point of beginning South 13°26’30”West
along said center line to Station 187 +74.49 being the point on
the South line,of said Section 18,2294.92 feet North 89°38’
East from the South quarter section corner of said Section;
thence continuing South 13°26’30”West along said surveyed
center line 2795.66 feet to Station 215 +70.15;thence south 16°
27’30”West along said center line 1185.50 feet to a point 14.8
feet South 48°47’.East from a point 125.77 feet South 15°45’
West from Station 68 of Rancho Las Bolsas,together with the
strip of land varying width lying between the Easterly line of
the above described 30 foot strip and the Westerly line of the
right of way of the Santa Ana River through the Newbert
Protection District.
Parcel #3
A strip of land 30 feet in width the center line of which is
described as follows:Beginning at a point 162.20 feet South 13°
25’30”West from a point 341.02 feet North 89°38’East from the
East quarter section corner of Section 18,Township 6 South,
Range 10 West,S.B.B.&M.,said point of beginning being the
point of intersection of the Easterly boundary line of the Rancho
Las Bolsas with the surveyed center line of the Santa Ana —
Anaheim Joint Outfall Sewer;thence from said point of beginning
S.13°25’30”West along said center line 727.07 feet to Station
169 —00;thence South 15°24’West along said center line 453.65
feet to a point on the East line of said Section 18,1300.58 feet
South 0°36’15”East from the East quarter section corner of
said Section;thence South 15°24’West along said surveyed
center line 16.50 feet to Station 173 -70.15;thence South 13°
26’30’West along said center line to its point of intersection
with the Easterly boundary line of the Rancho Las Bolsas,between
Stations 78 and 79 of said Rancho Las Bolsas boundary line,said
point of intersection being North 13°26’30”East from a point
on the South line of said Section 18,which said point is 2294.92
feet North 89°38’East from the South quarter section corner of
said Section 18,together with the strip of land of varying width
lying between the Easterly line of the above described 30 foot
strip and the Westerly line of the right of way of the Santa Ana
River through the Newbert Protection District.
Parcel #4
A strip of land 30 feet in width,the center line of which is
described as follows:Beginning at a point 162.20 feet South 13°
25’30”West from a point 341.02 feet North 89°38’East from the
East quarter section corner of Section 18,Township 6 South,
Range 10 West,S.B.B.&M.,said point of beginning being the
point of intersection of the Easterly boundary.line of the Rancho
Las Bolsas with the surveyed center line of the Santa Ana -
Anaheim Joint Outfall Sewer;thence from said point of beginning
North 13°25’30”East along the center line of said Santa Ana -
Anaheim Joint Outfall Sewer 972.93 feet to Station 152 +00;
thence North 13°35’30”East along the said center line 1912.48
feet to a point in the North line of Section 17,Township 6
South,Range 10 West,S.B.B.&M.,said point bears North 89°34’
East 1007.06 feet from the Northwest corner of said Section 17,
together with a strip of land of varying width lying between the
Easterly line of the above described 30 foot strip and the
Westerly line of the right of way of the Santa Ana River through
the Newbert Protection District.
EXHIBIT B
The entire leasehold interest of D.W.Elliott in that
certain lease between D.W.Elliott and the County of Orange,
dated June 23,1942,and pertaining to that certain real property
situate in the County of Orange,State of California,more
particularly described as follows:
Parcel 1
Beginning at a point on the boundary line between the Ranchos
Santiago de Santa Ana and Las Bolsas,South 6~°East 236 feet
from Station L.B.74,the same being S.S.A.143,running thence
South 6~°East 820 feet to L.B.73;thence South 19~°West 528
feet to L.B.72;thence South 34¾°West 462 feet to L.B.71’
thence South 42~°West 40 feet to a point on the Westerly line of
the proposed channel of the Santa Ana River through the Newbert
Protection District;thence North 13°25’East along said
Westerly line 1760 feet to the point of beginning,containing
5.86 acres,more or less;
Parcel 2
Beginning at a point on the boundary line between the Ranchos
Santiago de Santa Ana and Las Bolsas South 1½°West 160 feet from
Station L.B.76,the same being S.S.A.141;thence South 1~°West
302 feet to L.B.75;thence South 340 West 210 feet to
intersection with the Westerly line of the proposed channel of
the Santa Ana River through the Newbert Protection District;
thence North 13°25’East along said Westerly line 470 feet to
the point of beginning,containing 0.37 acres,more or less;
Parcel 3
Commencing at a point in the Southerly line of Lot “B”of the
“Banning Tract”,as shown on a Map of said Tract filed in the
case of Hancock Banning and other vs.Mary H.Banning,for
partition and being Case No.6385,upon the Register of Actions
of the Superior Court of Los Angeles County,California,South
84°45’East 135.84 feet distant from the South-westerly corner
of said.Lot “B”;said South—westerly corner of said Lot “B”being
Station 149,Rancho Santiago de Santa Ana;thence from said point
of commencement North 13°25’East along the West side of said
300 foot right of way 946.75 feet to a point in the Westerly line
of said Lot “B”of the Banning tract;thence along the Westerly
line of said Lot “B”of the Banning Tract North 42°45’East
38.70 feet to an angle in said line;thence North 340 30’East
462 feet to an angle in said line;thence North 19°45’East 528
feet to an angle in said line;thence still along the Westerly
line of said Lot “B”of the Banning Tract,North 6°15’West
723.17 feet to a point in the Westerly line of said 300 foot
right of way;thence North 13°25’East along the Westerly line
of said right of way 607.27 feet to the westerly line of said Lot
“B”of the Banning Tract;thence along the Westerly line of said
Lot “B”,North 34°15’East 148.48 feet to an angle in said line;
thence North 1°45’East 436.44 feet to the North—westerly corner
of said Lot “B”of the Banning Tract;thence along the Northerly
line of said Lot “B”North 89°28’East 346.14 feet to a point in
the Easterly line of said 300 foot right of way;thence along the
Easterly line of said right of way South 13°25’West 3831.55
feet to the Southerly line of Lot “B”of the Banning Tract;
thence along the Southerly line of said Lot “B”of the Banning
Tract,North 84°45’West 303.08 feet to the place of
commencement,containing 20.65 acres,more or less;
Parcel 4
Beginning at the point of intersection of the Easterly line of
the Rancho Las Bolsas with the Southerly line of that certain
strip of land 60 feet in width conveyed by Pacific Electric Land
Company to the LOS Angeles Inter-Urban Railway Company by deed
recorded in Book 139,page 9 of Deeds,records of Orange County,
California;thence from said point of beginning South 540 05’30”
East parallel to and 60 feet Southerly from the Southerly line of
that certain strip or parcel of land conveyed by Los Angeles
Inter-Urban Railway Company to Southern Pacific Railroad Company
be deed recorded in Book 123,Page 110 of Deeds,records of
Orange County,California,440 feet to the most Northerly corner
of that certain triangular shaped piece or parcel of land
conveyed by Los Angeles Inter-Urban Railway Company to Newport
Beach Company by Deed recorded in Book 139,page 41 of Deeds,
records of Orange County,California;thence South 35°54’30”
West along the Westerly line of said triangular shaped piece or
parcel or land along the Easterly line of that certain piece or
parcel of land conveyed by Pacific Electric Land Company to Los
Angeles Inter-Urban Railway Company by deed recorded in Book 139,
page 146 of Deeds,records of Orange County,California,and
along the Easterly line of that certain lot,piece or parcel of
land conveyed by Newport Beach Company to Los Angeles Inter-Urban
Railway Company by deed recorded in Book 139,page 39 of Deeds,
records of Orange County,California,to the line of ordinary
high tide of the Pacific Ocean;thence North-westerly along said
line of ordinary high tide of the Pacific Ocean to the Easterly
line of the hereinbefore mentioned Rancho Las Bolsas;thence
Northerly along the Easterly line of said Rancho Las Bolsas to
the point of beg.inning;
Parcel 5
Blocks “A”and “B”of El Moro Tract,as shown on a Map recorded
in Book 8,page 75 of Miscellaneous Maps,records of Orange
County,California.
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County,
California,do hereby certify.that the foregoing Resolution No.91—37 was
passed and adopted at a regular meeting of said Boards on the 13th day of
March,1991,by the following vote,to wit:
AYES:Fred Barrera,Bob Bell,Walter K.Bowman,A.B.“Buck”Catlin,
John Collins,John C.Cox,Jr.,Norman E.Culver,Burnie
Dunlap,Richard B.Edgar,James V.Evans,Don R.Griffin,Dan
Griset,John M.Gullixson,Evelyn Hart,Jack Kelly,William
D.Mahoney,Robert H.Main,Keith A.Nelson,Glenn Parker,Irv
‘Pickler,Ruthelyn Plumer,Leslie A.Pontious,Charles
E.Puckett,Robert Richardson,Earle Robitaille,Don R.Roth,
Phil Sansone,.Sal A.Sapien,Mark Schwing,Sally Anne Sheridan,
Roger R..Stanton,Beth Strader,Peer A.Swan,Charles
E.Sylvia,James A.Wahner,Edna Wilson,Grace H.Winchell
NOES:None
ABSENT:William D.Ehrle,Arthur G.Newton,Miguel Pulido
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.1 on behalf of itself and Districts
Nos.2,3,5,6,7,11,13 and 14 of Orange County,California,this 13th day
of March,1991.
Rita J.Brown,Secretary
.
Boards of Directors,County
Sanitation Districts Nos.1,2,3,5,
.6,7,11,13 and 14 of Oçarige County,
California