Reso 1961-130RESOLUTION NO. 130
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT, ORANGE COUNTY,
CALIFORNIA, FINDING THAT PUBLIC CONVENIENCE AND.
NECESSITY REQUIRE THE ACQUISITION OF AN EASEMENT
FOR SANITARY PURPOSES, AND.INSTRUCTING THE ATTORNEY
FOR THE DISTRICT TO FILE AN ACTION.IN CONDEMNATION.
WHEREAS, the Costa Mesa Sanitary District has engineered
and proposes to construct a sewer system to serve Tract No. 2581
and adjacent properties located within the District; and
WHEREAS, plans for said work have been approved by.said
District and are on file in the Office of the Engineer for said
District, and the Engineer for said District has reported and
recommended that certain easements and rights of way for sewer
purposes and certain lands are needed for the completion of said
work which said easements and rights of way are hereinafter more
particularly described; and
WHEREAS, it is in the public interest and necessity to
acquire the said easements and rights of way for sewer purposes.
NOW, THEREFORE, the Board of Directors of the Costa Mesa
Sanitary District does hereby find, determine, order, declare and
resolve as follows:
SECTION 1. That the public interest and necessity require
the acquisition, construction and completion by the District of
a public improvement, viz: the construction of a sewer system.
SECTION 2. That the public interest and necessity require
the acquisition, for and in connection with said improvement, of
the easements and rights of way for public sewer purposes in real
property, and as hereinafter in this Resolution more particularly
described.
SECTION 3. That said proposed public improvement is planned
and located in a manner which will be most compatible with the greatest
public goad and the least private injury.
SECTION 4. That said District proceed, and it is
hereby authorized, directed, and empowered, and Donald Dungan,
the Attorney for said District, is hereby authorized, directed
and empowered as follows:
(a) To acquire in the name of the Costa Mesa Sanitary
District the real property, interest in real property, and the
easements and rights of way in real property hereinafter expressly
described, in and to the said hereinafter described real property,
or interests in real property, by condemnation, in accordance
with the provisions of the Government Code, the Code of Civil
Procedure, and the Constitution of the State of California
relating to Eminent Domain.
(b) To prepare and prosecute, in the name of the Costa
Mesa Sanitary District, such proceeding or proceedings in the proper
Court having jurisdiction thereof, as is necessary for such
acquisition.
(c) To make application to said Court for an Order fixing
the amount of such security in the way of money deposit, as said
Court may direct, and for an Order permitting said District to
take immediate possession and use of said real property, interests,
easements and rights of way in real property, as a right of way for
public sewer purposes.
(d) To make deposit of such security out of proper funds
of said.District, in such amount so fixed and determined, and
in such manner as said Court in which said condemnation proceed-
ings are pending may direct.
SECTION 5. The real property, or interests in real
property, or existing improvements, which the.Attorney for said
District is authorized and directed to acquire in the name of
the District, is hereinafter described:
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A strip of land six (6) feet in width
lying within Lot 8 and Lot 9 of Tract 2581, as shown
on a map thereof recorded in Book 77, Page 15 of
Miscellaneous Maps, Records of Orange County,
California, lying three (3) feet either side of the
following described centerlines: beginning at the
mogt Southerly corner of said Lot 8, thence North
39 50' 4011 East along the Southeasterly line of
said Lot 8.100.00 feet to the Southwesterly line of
Riverside Drive.
The side line shall be shortened or lengthened
so as to terminate in the Southwesterly line of
Tract 2581 in the Southwesterly line of Riverside
Drive.
SECTION 6. That the Secretary of the Board of the
Costa Mesa Sanitary District shall verify the adoption of this
Resolution.
ADOPTED, SIGNED AND APPROVED THIS 5th day of July, 1961.
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President; B of Directors,
Costa Mesa a tary District,
Orange Coun "y, California
STATE OF CALIFOR.IITIA.)
sse
COU TZ OF ORA.NCE )
I, A� H, HOLLISTER, Secretary of the Board of the Costa Mesa
Sanitary District of Orange Co'arlty, California, DO HEREBY CERTIFY that the fore- -
goring Resolution, being Resolution No, 130 � , was duly passed, approved
and adop'�ed by said Board, *approved and signed by the President of said Board,
and attested by the Secretary of said Board, all at a Regular
ineeti.ng of said Board held on the 5th day of _ Ulu
and that the same was passed and adopted by the following roll call vote, to wit:
AYES- Members - Stephens, Norman, Porter, Hollister, Meyers.
I "uE,S a Members m NONE
P.,L,SEI\1T- Members - NONE
DOZED this _5th _ day of ,.a ,, _Ju 19 61
SEGRETAR.1 of the Board of Directors of
the Costa Mesa Sanitary District- of
Orange County, California
(SEAL)