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Reso 1975-281.r 1' 2 3 4 li 5 61 7 8 9' 10 111 12i 13 141 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 i 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. r 1, Section 4' That said Sanitary District-proceed and it is 2, hereby authorized, directed and empowered, and Roy E. June, the 3 District Attorney for said District is hereby, authorized, directed 4 and empowered as follows: 5 A. To acquire in the name of the Costa Mesa 6 Sanitary District the real property interest 7 in real property and the easements and.rights 8 of way in real property hereinafter expressly 9 described, in and to said hereinafter described 10 real property, or interest in real property, by 11 condemnation in accordance with the provisions 12 of the Streets and.Highways Code, Health and 13 Safety Code, Government Code and the Code of 14 Civil nrocedure.as well as the Constitution 15 of the State of California relating to Eminent 16 Domain and all other laws applicable thereto. 17 B. To prepare and prosecute; in the name of the 18 Costa Mesa Sanitary District such proceeding or 19 � proceedings in the proper Court having juris- 20 i . diction thereof, as is necessary for such ac- 21 quisition. tit C. To make application to said Court for an Order 23 fixing the amount of said security and by way of 24 money deposit, as said Court may direct, and for 25 an Order permitting said District to take immediat 26 possession and use of said real property, interest 27 easements and rights of way in real property, as 28 rights of way for public sanitary sewer purposes. 29 D. To make deposit of such security out.of proper 30 funds of said District in such amounts so fixed 31 and determined, and in such a manner as said Court 32 in which said Condemnation proceedings are pending -2- f., 1 2 3I 4'' 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 321 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 -4-- Assistant Secretary