Reso 1975-281.r
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RESOLUTION NO. 75 -281
A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT,
FINDING, DETERMINING AND DECLARING THAT PUBLIC
INTEREST.- AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN SEWER PIPELINE EASEMENTS AND RIGHTS OF
WAY, AND AUTHORIZING ACQUISITION OF SAID EASEMENTS
AND RIGHTS OF WAY BY CONDEMNATION,, AND DIRECTING
THE DISTRICT ATTORNEY TO PROCEED WITH SUCHACTION.
THE COSTA MESA SANITARY DISTRICT DOES HEREBY RESOLVE
AS FOLLOWS:
THAT WHEREAS, the Costa Mesa Sanitary District is about
to construct a sanitary sewer line and to make such other im-
provements as are generally found in connection therewith; and
WHEREAS, detailed plans and specifications for said work
are being designed and compiled by the District Engineer, a copy
of which will be kept in the offices of the Manager of the
Sanitary District; and
WHEREAS, it is in the public interest and necessity to
acquire said easements and rights of way for sewer pipeline,
purposes.
NOW, THEREFORE, the Board of the Costa Mesa.'Sanitary
District does hereby find, determine,.order, declare and resolve
as follows:
Section l: That public interest and necessity require
the acquisition, construction and completion by the Costa Mesa
Sanitary District of a public improvement, to wit: a.sanitary
sewer, together -with appurtenances and appurtenant work in
connection therewith in Newport Boulevard.
Section 2: That the public interest and necessity require
the acquisition for and in connection with said public improve-
ment of said easements and riahts of way for sanitary sewer, and
as hereinafter in this Resolution more particularly described
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Section 3:. That said proposed public improvement is
planned and located in a manner which will be most compatible
with the greatest public.good and the least private injury.
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Section
4' That said Sanitary District-proceed and it is
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hereby authorized,
directed and empowered, and Roy E. June, the
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District Attorney
for said District is hereby, authorized, directed
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and empowered
as follows:
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A.
To acquire in the name of the Costa Mesa
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Sanitary District the real property interest
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in real property and the easements and.rights
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of way in real property hereinafter expressly
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described, in and to said hereinafter described
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real property, or interest in real property, by
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condemnation in accordance with the provisions
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of the Streets and.Highways Code, Health and
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Safety Code, Government Code and the Code of
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Civil nrocedure.as well as the Constitution
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of the State of California relating to Eminent
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Domain and all other laws applicable thereto.
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B.
To prepare and prosecute; in the name of the
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Costa Mesa Sanitary District such proceeding or
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proceedings in the proper Court having juris-
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diction thereof, as is necessary for such ac-
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quisition.
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C.
To make application to said Court for an Order
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fixing the amount of said security and by way of
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money deposit, as said Court may direct, and for
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an Order permitting said District to take immediat
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possession and use of said real property, interest
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easements and rights of way in real property, as
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rights of way for public sanitary sewer purposes.
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D.
To make deposit of such security out.of proper
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funds of said District in such amounts so fixed
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and determined, and in such a manner as said Court
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in which said Condemnation proceedings are pending
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may direct.
Section 5: The real property, or interest in real property
or existing improvements which the District Attorney of the Costa
Mesa Sanitary District is authorized and directed to acquire in
the name of the District is hereinafter described.
A. As to all of the following described real property
or interest in real property or existing im-
provements, the interest to be acquired as to each
parcel shall be a perpetual easement and right of
way for sanitary sewer purposes.
B. Said real property, or interest in real'property
or existing improvements, to be so acquired by
condemnation as the easements and rights of wav
for sanitary sewer purposes, and each parcel
thereof, are situated in the Costa Mesa Sanitary
District, County of Orange, State of California
and are more particularly described as follows:
PARCEL 1: The northwesterly 10 feet of the southeasterly 185
feet of lots 22 and 23 of Tract No. 9, a shown on
a map recorded in Book 9, Page 9 o Miscellaneous
Maps, Records of Orange County, California.
EXCEPTING THEREFROM the northeasterly 100 feet thereof
PARCEL 2: The northwesterly 10 .feet of the southeasterly 175
feet of lot 24 of Tract No. 9, a shown on a map
recorded in Book 9, Page 9 of Miscellaneous Maps,
Records of Orange County, California.
EXCEPTING THEREFROM the southwesterly 20 feetthereof..
Section 6: That the Manager or Secretary or either of
them of the Costa Mesa Sanitary District shall verify the adoption
of this Resolution.
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PASSED AND ADOPTED this day of Mow- _, 197`
Presiden
ATTEST:
ROBERT 0. BRIGGS
SECRET Ae_. !I-4 /6 A.../ sl
Ass'i'stant .Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, K•Machamer, Asst. secretary of the Costa Mesa Sanitary
District hereby certify.that the above and foregoing Resolution
No. 75-- 281was duly and regulary passed and adopted by the Costa
Mesa Sanitary District at a regular meeting thereof.held on the
7th day of May , 1975.
IN WITNESS WHEREOF I have hereby set my hand this 8th day
of May 1975
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Assistant Secretary