HomeMy WebLinkAboutResolution 1992 - 0143RESOLUTION NO.92-143-7
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7 OF ORANGE
COUNTY,CALIFORNIA,AUTHORIZING THE
ACQUISITION OF EASEMENT/ASSESSOR’S PARCEL NOS.
503—532—05 AND 503—541—08 —LOT A,TRACT 5369
(COWAN HEIGHTS)-DISTRICT SEWER GRAVITY LINE
PROJECT
WHEREAS,the acquisition of an easement with respect to
Assessors Parcel Nos.503—532-05 and 503—541—08 is needed for
public use,namely to be utilized to construct a gravity sewer
line;and,
WHEREAS,state law authorizes the use of eminent domain for
acquisition of an easement for the above stated purposes;and,
WHEREAS,notice of an opportunity to be heard was given to the
easement owner pursuant to Code of Civil Procedure Section
1245.235.
NOW,THEREFORE,the Board of Directors of County Sanitation
District No.7 of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1.—Public Use The public use for which an
easement is necessary is for the construction of a gravity sewer
line.
Section 2.—Description of Easement and Extent of Easement to
be Taken The easement to be taken is set forth in Exhibit A
attached and incorporated herein by reference.
(H448)
Resolution No.92-143-7
Page 2
Section 3.-Statutory Findings The Board of Directors of
District 7 makes the following additional findings:
(a)The public interest requires the construction ‘of a
gravity sewer line;
(b)The proposed project is planned and located in a manner
that will be most compatible with the public good and the least
private injury;
(c)The easement described above is necessary for the
construction of a gravity sewer line;
•
(d)A offer of purchase of the easement has been made to the
owner of the easement pursuant to Government Code Section 7267.2.
Section 4.-Authorization The General Manager and District
Counsel are authorized and directed to perform all acts necessary,
on behalf of District 7,for the acquisition of said easement,and
said General Manager and District Counsel are further authorized to
prepare,institute and prosecute to conclusion on behalf of
District 7,an action in eminent domain,or such proceedings as may
be required for the acquisition of the easement described herein,
or interest in such easement,which cannot be acquired by
negotiation of purchase,to do any and all other things in
connection with such proceedings as in our judgment may be
necessary or convenient to the successful conclusion of said
proceedings.
(H448)
Resolution No.92-143-7
Page 3
4
Section 5.-Expenditure Funds The General Manager is hereby
authorized to expend funds available to District 7 for the
acquisition of real properties described herein.
Section 6.-Recording The Clerk to the Board of Directors
of District 7 is hereby authorized and directed to record a
certified copy of this Resolution in the Office the County
Recorder,County of Orange.
PASSED AND ADOPTED at a regular meeting held October 14__,1992.
(H448)
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,PENNY KYLE,Assistant Secretary of the Board of Directors of County
Sanitation District No.7 of Orange County,California,do hereby certify that
the foregoing Resolution No.92-143-7 was passed and adopted at a regular
meeting of said Board on the 14th day of October,1992,by the following vote,
to wit:
AYES:Charles E.Puckett,Chairman,Fred Barrera,John C.Cox,Jr.,
Barry Hamond,Don R.Roth,James A.Wahner
NOES:None
ABSENT:Robert Richardson
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
14th day of October,1992.
Penny Kyle,fi~S4s~t Secretary
Board of Diikattort..’of County
Sanitation District No.7
of Orange County,California