Reso 1977-3141
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RESOLUTION NO. 78 -314
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 SUCH ACTION.
THE COSTA MESA SANITARY DISTRICT DOES HEREBY RESOLVE
1 AS FOLLOWS:
THAT WHEREAS, the Costa Mesa Sanitary District is about
to construct a sanitary sewer line and to make such other im-
1provements 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
1 purposes ;
NOW, THEREFORE, the Board of the Costa Mesa Sanitary
District does hereby find, determine, order, declare and resolve
I as follows:
Section 1: 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 on private property between Baker and
Paularino Streets;
Section 2: That the public interest and necessity require
the acquisition for and in connection with said public improve-
ment of said easements. and rights of way for sanitary sewer, 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
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11 with the greatest public good and the least.private injury
2 Section 4: That said Sanitary District proceed and it is
3 hereby authorized, directed and empowered, and Roy E. June, the
41 District Attorney for said District is hereby authorized, directed
5 and empowered as follows:
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6� A. To acquire in the name of the Costa Mesa Sanitary
.7 District the real property interest in real property
8 and the easements and rights of way in real property
9 hereinafter expressly described, in and to said here -
10 inafter described real property, or interest in real
11 property, by condemnation in accordance with the pro-
12 visions of the Streets and Highways Code, Health and
13 Safety Code, Government Code and the Code of Civil
14 Procedure as well as the Constitution of the State of
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15 California relating to Eminent Domain and all other
16 laws applicable thereto;
17 B. To prepare and prosecute, in the name of the Costa
18 Mesa Sanitary District such proceeding or proceedings
19 in the propert Court having jurisdiction thereof, as is
20 necessary for such acquisition;
21 C. To make application to said Court for an Order fixing
22 the amount of said security and by way of money de-
23 posit, as said Court may direct, and for an Order per-
24 mitting said.District to take immediate possession and
25 use of said real property, interest easements and
26 rights of way in real property, as rights of way for
27 public sanitary sewer purposes;
.28 D. To make deposit of such security out of proper funds
29 f said d District in such amounts so fixed and deter -
30 mined, and in such a manner as said Court in which
31 said Condemnation proceedings are pending may direct;
321 Section 5: The real property, or interest in real property
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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 improvements,
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 condemna-
tion as the easements and rights of way 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 describec
in Exhibit "A" attached to this Resolution and by this
specific reference made a part hereof;
Section 6: That the District is aware of and has considered
the application of the Environmental Quality Act of 1970; the Re-
location Assistance Act of 1969 as either may be applicable to the
acquisitions to be acquired as aforesaid;
Section 7: That the Manager or Secretary or either of them
of the Costa Mesa Sanitary District shall verify the adoption of
this Resolution.
PASSED AND ADOPTED this 1st day of February, 1978.
ATTEST:
ROBERT 0. BRIGGS
SECRETARY
By:
Secretary
President
3211 -3-
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PARCEL NO. 1 (Baiter Associates)
T h-it portion of Parcel C as sho;,rn on a p rcn l mDp recorded in
;pool' 38, page 3 of Parcel ' -a s, records of Orange Count y, Catifornia,
Uore particularly d- �scrib -ed as follc:.s:
�. strip of land, 10.00 feet in width, lying 5.00 feet on each side
of the follo.ring described line:
Peginning at a point on the Southerly Iine of said Parcel C distant
South 89 °47127" East, 20.00 feet from the Southwest corner of-.said
Parcel C; thence North 0 °04121" East along a line parallel and 20.00
feat Easterly of -the Westerly line of said Parcel C a distance of
225.00 feet; thence North 01 °32'15" West a distance of 124.90 feet
-to a point on the Northerly line of said Parcel C distant South
89 °47125" East 16.49 feet from the Northwest corner of said Parcel C.
PARCEL N0. 4 (Big Eye)
"I Strip of land, 10.00 feet in %•ridth, lying within Lot 2, Block
G,
Borry Tract in the.Rancho Santiago ,de Santa Ana, in the City of
Costa t -Iesa, County of Orange, State of California, as per map
recorded in Book 9, page 6 of Mliscellaneous Records of Los Angoles
County, California, the center line of which is more particularly
described as fo l l o%•rs :
Beginning at a point in the North line of Paularino Avenue, 80.00
feet in width, as shown on a map of Tract No. 8241, recorded in
Book 341, pages 21 and 22 of Mi'scelianeous Maps of said Orange
County, said point being North 89 °49'10" blest, along said Northerly
line of Paularino Avenue, 20.00 feet from the Vlesterly line of the
Santa Ana -Delhi Viannel as shown on said map of Tract No. 8241;
thence North 0 °14'06 "•East, parallel with said .'Westerly line and
the Northerly prolongation thereof, 651.00 feet; thence North
2 °47'56" East, 335.34 feet; thence North 0 °14'06" East, 80.91
feet to a point in the North line of the land described in a deed
to Big Eye - Costa 1`4esa, Inc. recorded January 9, 1967 in Book
8147, page 341 of Official Records of said Orange County,. said
point being 10.00 feet, measured at right angles, Vlesterly of
said ';lesterly line of the Santa Ana -Delhi Channel.
A strip of land, 25.00 feet in width, lying within Lot 2, Block D,
Berry Tract, in the Rancho Santiago de Santa Ana, in the City of
Costa t -Iesa, County of Orange, State of California, as per map
recorded in Book 9, page 6 of Miscellaneous Records of Los Angeles
County, California, -the Iilesterly line of which is more particularly
described as fo l I o%-is :
Beginning at a point in the North line of Paularino Avenue, 80.00
feet in width, as shown on a map of Tract No. 8241, recorded in
Book 341, pages 21 and 22 of Miscellaneous Maps of said Orange
County, said point being North 89 °49'10" West, along said Northerly
ine of Paularino Avenue 25.00 feat from the Westerly Iine of the
Santa Ana -Delhi Channel as shown on said map of Tract No. 8241;
thence North 0'14105" -East, paral lel with said 4•lester1y Iine and
the Northerly prolongation thereof, 1066.91 feet to a point in the
Nc>rth line of the land described in a deed to Big Eye Costa Mesa,
Inc., recorded January 9, 1967 in Book 8147, page 341 of Official
Records of said Orange County, said point being 30.00 feet, measured
at right angles, West erIy of said Wester Iy line of the Santa Ana -.
Delhi Channel.
EXHIBIT "A"
1 OTATE OF CALIFORNIA )
ss.
2 OUNTY OF ORANGE )
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4 I, Eleanor G. Geddes, Assistant Secretary of the Costa Mesa
g Sanitary District, hereby certify that the above and "foregoing
6 Resolution No. 77 -314 was duly and regularly passed and adopted
7 by the Costa Mesa Sanitary District at a regular meeting thereof
g held on the 1st day of February, 1978.
9 IN WITNESS WHEREOF, I have hereby set my hand and seal this
10 day of February, 1978.
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12�
Assistant Secretary of the Board of
13 Directors of the Costa Mesa Sanitary
District, Orange County, California
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