Reso 1965-166RESOLUTION NO. 65 -166
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 CHE ATTORNEY
FOR THE DISTRICT TO FILE AN ACTION IN CONDEMNATION
WHEREAS, the Costa Mesa Sanitary District proposes
to construct or cause to be constructed a sewer system
to serve an area easterly of Bear Street and northerly
of Paularinc Avenue, all of which is located within
District and
WHEREAS, plans for said wort; 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.
STION 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 good and the least private injury.
SECTION 4. That said District proceed, and it is hereby
1
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
Districtthe 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 presecute, in the name of the Costa
Mesa Sanitary District, such preceeding 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:
PARCEL 1. An easement for sewer purposes over that portion
of the Westerly half of that certain street adjoining
Lot 1 in Block C of the Berry Tract, as shown en a
Map recorded in Book 9, page N of Miscellaneous Records
of Lo !j 1?ngL l s County, Cali ornia, on the east described
as follows:
Beginning at the Northeast corner of the land
described in deed to Guy L. Shiffer and wipe, recorded
February 19, 1952 in Book 2289, page 517 of Official
Records; thence Northerly along the Northerly pro-
longation of the Easterly line of said Shiffer land
409.95 feet to a point in the centerline of Olympic
Avenue, as said Avenue is sho A"n on a map of Tract No.
3885, recorded in Book 144, pages 46 and 47 of Miscel-
laneous Maps, records of Orange County, California;
thence Westerly parallel with the Northerly line of said
Shiffer land 10.00 feet; thence Southerly 409.95 feet
to a point in said North line of said Shiffer land,
said point being 1:0.00 feet Westerly of the North -
eait corner of said Shiffer land; thence Easterly 10.00
feet to the point of beginning.
Excepting t': erefrom the Southerly 331.60 feet.
PARCEL 2. An Easement for sewer purposes over the North
82.90 feet of the South 248.70 feet of that portion
of the Westerly half of that certain street adjoining
Lot 1 in Block C of the Berry Tract, as shown on a
Map recorded in Book 9, page 6 of Miscellaneous Records
of Los Angeles County, California, on the East described
as follows:
Beginning at the Northeast corneae cf the land
described in Deed to Guy L Shiffer and wife, recorded
February 19, 1952 in Book 2289, page 517 of Official
Records of Orange County, California; thence Northerly
along the Northerly prolongation of the Easterly line
of said Shiffer land 409.95 feet to a point in the center
line of Olympic Avenue, as said Avenue is shown on a Map
of Tract No. 31385, recorded in Book 144, pages 46 and
47 of Miscellaneous Maps, records of Orange County,
California; thence Westerly parallel with the North-
erly line of said Shiffer land 10.00 feet; thence
Southerly 409.95 feet to a point in said North line
of said Shiffer Land, said point being 10.00 feet Wes -
erly of the Northeast corner of said Shiffer land; thence
Easterly 10.00 feet to the point of beginning.
PARCEL 3.
Subparcel A. An easement for sewer purposes over the North
82.90 feet of the South 165.80 feet of that portion of
the Westerly half of that certain street adjoining
Lot 1 in Block C of the Berry Tract, as shown on a Map
recorded in book 9, page 6 of Miscellaneous Records
of Los Angeles County, California, on the East des-
cribed as follows:
Beginning at the 1,Torthe -ast corner of the land
described in deed to Guy L Shiffer and wife, recorded
February 19., 1952 in Book 2289, page 517 of Official
Records of Orange County, California; thence Northerly
along the Northerly prolongation of the Easterly
line of said Shiffer land 409.95 feet to a point in the
centerline of Olympic Avenue as said Avenue is
shown on a Map of Tract No. 3885, recorded in Book 144,
pages 46 and 47 of Miscellaneous Maps, records of Orange
Cou-,Ity, C Eli.forria; t "fence Wootk rly parallel with the
Northerly line of said Shiffer land 10.00 feet; thence
Southerly 409.95 feet to a point in said North line
of said Shiffer land, said point being 10.00 feet West-
erly of the Northeast corner of said Shiffer land;
thence Easterly 10.00 feet to the point of beginning.
Subparcel B. An easement for sewer purposes over the North
82.90 feet of the South 331.60 feet of that portion of
the Westerly half of that certain street adjoining
Lot 1 in Block C of the Berry Tract, as shown on a map
recorded in Book 9, page 6 of Miscellaneous Records of
Los Angeles County, California, on the East described
as follows:
Beginning at the Northeast corner of the land
described in deed to Guy L. Shiffer and wife, recorded
February 19, 1952 in Book 2289,.page 517 of Official
Records of Orange County, California; thence North-
erly along the Northerly prolongation of the Easterly
line of said Shiffer land 409.95 feet to a point in the
centerline of Olympic Avenue, as said Avenue is shown
on a Map of Tract No. 3885, recorded in Book 144, pages
46 and 47 of Miscellaneous Maps, records of Orange
County, California; thence Westerly parallel with the
Northerly line of said Shiffer land 10.00 feet; thence
Southerly 409.95 feet to a point in said North line
of said Shiffer land, said point being 10.00 feet West-
erly of the Northeast corner of said Shiffer land;
thence Easterly 10.00 feet to the point of beginning.
PARCEL 4. An easement for sewer purposes over the South
82.90 feet of that portion of the Westerly half of that
certain street adjoining Lot 1 in Block C of the Berry
Tract, as shown on a Map recorded in Book 9, page 6 of
Miscellaneous Records of Los Angeles County, California,.
on the East described as follows:
Beginning at the Northeast corner of the land des-
cribed in deed to Guy L. Shiffer and wife, recorded
February 19, 1952 in Book 2289, page 517 of Official
Records; thence Northerly along the Northerly pro-
longation of the Easterly line of said Shifferland
409.95 feet to a point in the centerline of Olympic
Avenue, as said Avenue is shown on a map of Tract No.
3885, recorded in Book 144, pages 46 and 47 of Miscel-
laneous Maps, records of Orange County, California;
thence Westerly parallel with the Northerly line of
said Shiffer land 10.00 feet; thence Southerly 409.95
feet to a point in said North line of said Shiffer
land, said point being 10.00 feet Westerly of the
Northeast corner of said Shiffer land; thence Easterly
10.00 feet to the point of beginning.
SECTION 6. That the Secretary of the Board of the Costa
Mesa Sanitary District shall verify the adoption of this
• r
. •�. a �!
Resolution.
PASSED AND ADOPTED this 2nd day of June, 1965.
y � r
Pre sid nt, rd of Directors,
Costa Mes anitary District,
Orange County, California
ATTEST: '' n
Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
ELLIS PORTER
I, , Secretary of the Board of the Costa
Mesa Sanitary District of Orange County, California DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution No.55 -166
was duly passed, approved and adopted by said Board, approved
and signed by the President of said Board, and attested by the
Secretary of said Board, all at a Regular meeting of said Board
held on the 2nd day of June, 1965, and that the same was passed
and adopted by the following roll call vote, to wit:
AYES: Members - Norman, Porter, Nelson, Reade, Meyers
NOES: Members - None
ABSENT: Members - None
DATED this 2nd day of June, 1965.
' 11
Secretary of the Board of Directors
of the Costa Mesa Sanitary District of
Orange County, California.
SEAL]