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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]