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Reso 1978-315r' 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 29 301 311 321 RESOLUTION NO. 78 -315 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 Ito 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 (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 -1- 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 with the greatest public good and the least private injury; Section 4: That said Sanitary District proceed and it is hereby authorized, directed and empowered, and Roy E. June, the District Attorney for said District is hereby authorized, directed Iland 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 said here- inafter described real property, or interest in real property, by condemnation in accordance with the pro- visions of the Streets and Highways Code, Health and Safety Code, Government Code and the Code of Civil Procedure as well as the Constitution of the State of California relating to Eminent Domain and all other laws applicable thereto; B. To prepare and prosecute, in the name of the Costa Mesa Sanitary District such proceeding or proceedings in the propert Court having jurisdiction thereof, as is necessary for such acquisition; C. To make application to said Court for an Order fixing the amount of said security and by way of money de- posit, as said Court may direct, and for an Order per- mitting said District to take immediate possession and use of said real property, interest easements and rights of way in real property, as rights of way for public sanitary sewer purposes; D. To make deposit of such security out of proper funds of said District in such amounts so fixed and deter- mined, and in such .a manner as said Court in which said Condemnation proceedings are pending may direct; Section 5: The real property, or interest in real property -2- 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 32 with the greatest public good and the least private injury; Section 4: That said Sanitary District proceed and it is hereby authorized, directed and empowered, and Roy E. June, the District Attorney for said District is hereby authorized, directed Iland 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 said here- inafter described real property, or interest in real property, by condemnation in accordance with the pro- visions of the Streets and Highways Code, Health and Safety Code, Government Code and the Code of Civil Procedure as well as the Constitution of the State of California relating to Eminent Domain and all other laws applicable thereto; B. To prepare and prosecute, in the name of the Costa Mesa Sanitary District such proceeding or proceedings in the propert Court having jurisdiction thereof, as is necessary for such acquisition; C. To make application to said Court for an Order fixing the amount of said security and by way of money de- posit, as said Court may direct, and for an Order per- mitting said District to take immediate possession and use of said real property, interest easements and rights of way in real property, as rights of way for public sanitary sewer purposes; D. To make deposit of such security out of proper funds of said District in such amounts so fixed and deter- mined, and in such .a manner as said Court in which said Condemnation proceedings are pending may direct; Section 5: The real property, or interest in real property -2- } 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IM 171 18 19 20 21 22 231 24 25 26 27 28 29 30 31 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 describes 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. Pres i8ent ATTEST: ROBERT 0. BRIGGS SECRETARY By: Secretary 3211 -3- PARCEL NO. 1 (Baker Associates l That portion of Parcel C as si-b:-in on a parcnl map recorded in ,:;ook 38, page 3 of Parcel 1 -laps, records of Orange County, California, r.ore particularly described as follc%gs: A strip of land, 10.00 feet in width, lying 5.00 feat on each side of the follo: .,ing described line: — ..inning at a point on the Southerly line 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 I i ne of said Parcel C a d i s-tance 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) A, strip of land, 10.00 feet in %..idth, lying within Lot 2, Block D, Berry Tract in the Rancho Santiago de Santa Am, in the City of Costa County of Orange, State of California, as per map recorded in Book 9, page 6 of Miscellaneous Records of Los Angeles County, California, the center line of which is more particularly described as follows: 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" blest, along said Northerly line of Paularino Avenue, 20.00 feet from the Wester Iy line of the Santa Ana -Delhi -Channel as shown on said map of Tract No. 8241; thence North 0° 14' 06 "• East, para l l e l w i th sa i d Wester I y I i ne and the Northerly prolongation thereof, 651.00 feet; thence North _ 2 °47156" 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 Mesa, 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, Westerly of said Westerly Line of the Santa Ana -Delhi Channel. A strip of land, 25.00 feet in width, lying within Lot 2, Block 0, Berry Tract, in the Rancho Santiago de Santa Ana, in the City of Costa Nesa, County of Orange, State of California, as per map recorded in Book 9, page 6 of 111isceIIaneous Records of Los Angeles County, California, the Wester Iy Iine of which is more particularly described as follows: 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 °49110" West, along said Northerly line of Paularino Avenue 25.00 feet from the Westerly line of the Santa Ana -Delhi Channel as shown on said map of Tract.No. 8241; thence North 0 °14105 "East, parallel with said Westerly line and the Northerly prolongation thereof, 1066.91 feet to a point in the North 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, Westerly of said Westerly line of the Santa Ana - Delhi Channel. EXHIBIT "A" 1! 2' 31 4 5 6ii 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 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, Eleanor G. Geddes, Assistant Secretary of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 78 -315 was duly and regularly passed and adopted by the Costa Mesa Sanitary District at a regular meeting thereof held on the lst day of February, 1978. IN WITNESS WHEREOF, I have hereby set my hand and seal this day of February, 1978. ( SEAL) Assi6tant Se e 4 of the Board of Directors of e Costa Mesa Sanitary District, Orange County, California