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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: -2- 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. -3- 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)