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HomeMy WebLinkAbout1959-10-14 - Board of Directors Meeting Minutes31 October 14, 1959 The regular meeting of the Board of Directors of the Yorba Linda County Water District was called to order at the office of the District on October 14, 1959 at the hour of 7:00 P.M. by President Crist. All Directors were present and answered the roll call. Also present were H. Rodger Howell, attorney and Herman Zelles, a representative of Stone and Youngberg, financial consultants, and Mr. Milo Keith of Lowry and Associates. Upon motion of Director Hastings, seconded by Director Wagner and unanimously carried the minutes of the meetings of September 9, September 18 and October 5, were approved as mailed. Mr. Milo Keith made a progress report on the preliminary sewer planning and requested an extension of time from October 20 to November 10, 1959 for submission of the complete report. A motion was made by Director Milmoe, seconded by Director Wagner and carried that the extension be granted. Mr. Zelles made a progress report on the Bond Brochure and a general dis- cussion was held with the following conclusions reached: Have specifications ready by December 21. Open construction bids Jan. 11. Award contracts January 13 to successful bidders contingent on sale of bonds February 2. Mr. Howell reported that he had obtained permission from the Shell Oil Company for survey parties to enter their property to check probable locations for reservoir sites. The finance committee presented and recommended payment of bills against the District in the amount of $656.77• A motion was made by Director Clodt, seconded by Director Wagner and carried that the audited bills be paid. After a discussion of finances a motion was made by Director Hastings, seconded by Director Milmoe and unanimously carried that Resolution No. 14 be adopted authorizing the President and Secretary Auditor to borrow from the Bank of America the sum of $3000.00 for a period of 90 days. mPa possible considerable disuussion a motion was made by Director Wagner, seconded by Director Milmoe and unanimously carried that Resolution No. 15, (attached hereto), be adopted authorizing and directing Attorney Howell to proceed to file a condemnation suit against the Yorba Linda Water Co at the earliest moment. A discussion was held concerning the need of some additional office equip- ment. A motion was made by Director Hastings, seconded by Director Clodt and carried that President Crist and Director Milmoe be appointed as a committee with power to act to assist the Secretary in the purchase of a dictating machine and a copying machine, the price of both machines not to exceed $1000.00. Upon a motion by Director Clodt, seconded by Director Milmoe and carried the meeting was adjourned. G2~t~ Secrets Auditor .1 3 4 S RESOLUTION NO. RESOLUTION AUTHORIZING THE CONDEMNATION OF !CERTAIN PROPERTY, WORKS 2 WATER RIGHTS, IAND, RIGHTS, AND PRIVILEGES AND DECLARING THE PUBLIC NECESSITY THEREFOR 6 WHEREAS, Yorba Linda County Water District is a county 7 water district duly formed, organized and.existing pursuant S to and under the provisions of Division 12 of the Water Code 9 of the State of California, and 10 WHEREAS, Sections 31040 to 310420 inclusive, of the All water code of the State of California provide a county water ,12 district may take property by condemnation, may hold, use 13 and enjoy property within or without the district necessary 14 to the full exercise of its powers, and may construct, 15 purchase or otherwise acquire works, water rights, land, rights and privileges useful. and .necessary to convey, supply 17 or store, or otherwise make use of water, and 4 1S WHEREAS, Section 31044 of the Water Code of the State 19 of California provides a county water district may bring 20 Eminent Domain,proceedings. 29 NOW THEREFORE, BE IT RESOLVED, that the board of directors 23 of the Yorba Unda County Water District does hereby find and 24 determine that the public interest and necessity require the 2:5 acquisition, construction and completion of a water works 28 system and the works, water rights, land, rights and privileges 27- necessary thereto., and that said public interest and necessity 28, require that said District take and acquire the fee simple title 29 in and to the hereinafter described property, works, water 30. rights, land, rights and privileges. Said property, works, 31 water rights, land, rights and privileges are described as 32y follows: " PARCEL ' l : That certain real property located in the County of Orange, State of California, described as follows: The South 70 feet of the West 225 feet of the South 2-1/2 acres of the East 764.79 feet of Lot 6, in Block 36, of the Yorba Linda Tract, as shown on a map thereof recorded in Book 5, pages 17 and 18 of Miscellaneous Maps, records of said Orange County, Calif- ornia. EXCEPTING THEREFROM the West 25 feet reserved for a street. PARCEL 1: That certain real property located in the County of Orange, State of California, described as follows : Beginning at a point 70 feet South of the Northerly line and 664.79 feet West of the Easterly line, (said Easterly line being the center line of a 60-foot street), of Lot 7, in Block 36, of the Yorba Linda Tract, as per map recorded in Book 5, pages 17 and 18, of Miscellaneous Mans_ records of said Orange County, a Northerly parallel to the first described line, SO feet; thence Easterly parallel to the second described line 100 feet to the point of beginning, containing 0.15 acre more or less: Together with any and all improvements located thereon. PARCEL 3: That certain real property located in the County of Orange, State of California, described as follows : That certain portion of Lot 7, in Block 36 of Yorba Linda Tract, as shown by map recorded in Book 5, pages 17 and 18 of Miscellaneous daps, records of said orange County, California, lying West of the 3 Easterly 789.80 feet, containing 8.25 acres more or less. 4 Together with any and all improvements, 5 wells, pumping plants, pumping plant equipment and appurtenances located S thereon. 7 8 PARCEL 4: 9 That certain real, property local 14 of Orange, State of California., 11 follows: The East one acre of described property; 12 Beginning at the northwest Lot 23, in Block 36 of the 13 Tract. as Der man recorded :ed in the County described as the following corner of Yorba Linda in Book 5. 14 records of said Orange County, California; thence running in an Easterly direction 15 along the Northerly boundary line of said Lot 23, in Block 36, 926.98 feet to a •16 point in the center line of a continuation of Richfield Road, thence in a Southerly 17 direction along the center line of con- tinuation of Richfield Road, 234.9 feet; W l di i li 18 ester thence in a rect on on a ne y parallel with the Northerly boundary line 19 of said Lot 23, in Block 36, 959.65 feet to a point in the Westerly boundary line 24 of said Lot 23, in Block 36; thence in a 21 boundary line 237.6 feet to the point of beginning. EXCEPTING THEREFROM the 22 Easterly 25 feet. 23 Together with well, pumping plant, pumping plant equipment and appurtenances 24 located thereon. 25 26 PARCEL 5: 27 That certain real property located in the County 28 of Orange, State of California, described as 29 follows: 30- Beginning at the Northeast corner of Lot 3 in Block 7 of Yorba Linda Tract, as 31 shown on map recorded in Book 5, pages .0 .1 17 and 18 of Miscellaneous Maps, records 32 of said Orange County, California, them{ the Northerly line of said 7 of said Yorba Linda Tract, e Southerly along a line 300 Yorba Linda Tract, 218 feet; thence Easterly along a line 218 feet Southerly from and parallel to the said Northerly line of Lot 3 In Block 7, Yorba Linda Tract 300 feet to the said Easterly line of Lot 3 in Block 7, Yorba Linda Tract; thence Northerly along the said ping, being-the Easterly 300 feet of the- Northerly 218 feet of said Lot 3 in Block 7, containing 1.5 acres more or less. Together with the following described property: Beginning at a point in the Southerly line of Lot 3 in Block 7 of the Yorba Linda Tract, as per map recorded in Book 5, pages 17 and 1S, of Miscellaneous Maps, records of said ()range County, California, 33.44 feet West of the Southeast corner of said lot; thence North 0° 52' 40" West to an intersection with the Northwesterly line of the land described as Parcel 2 in the deed to Harold E. Marsh and of sa i corner .y line of said Easterly line the Northeast t along the lock 7, 20 feet; ;ast line of said a line which is ant Southeasterl the above course W East; thence aid parallel h is parallel rly measured at described as "North 0w 52' 40" West; thence South 0° 52' 40" East to a point in the South line of-said Lot 3; thence West along said South line 20 feet to the point of beginning. Together with any and all improvements located thereon. PARCEL 6: That certain real property located in the County of Orange, State of California, described as follows : - the Southeast a of Lot 4 It more Lots more of s, 90 d to a to 'e or and 8 as s 17 of e more .4 along the said South Line of Lot 4 in Block 20, Yorba Linda Tract, 320.18 feet more or less to the point of beginning, containing 8.75 acres more or less, being 7.09 acres in Lot 7, and 1.66 acres in Lot 8 in Block 20, Yorba Linda Tract. Together with any and all improvements located thereon. PARCEL 7: That certain real property located in the County of Orange, State of California, described as follows: Beginning at the Northwest corner of Lot 8 in Block 12 of the Yorba Linda Tract, as per map recorded in book 5, pages 17 and 18, of , .L Gtr VJ. \+Q Vi 7 RI i~. VLAit~C in the center line of a 60- to the said Northerly line of Lot 8-in Block 12, Yorba Linda Tract, 130 feet to the Westerly line thereof in the center line of a 60-foot street; thence Northerly along the said Westerly line of Lot 8 in Block 12, Yorba Linda Tract, 150 feet to the point of beginning, being the Westerly 130 feet of the Northerly 150 L L' feet of said Lot 8 in Block 12, containing 0.45 acre more or less. Together with all improvements, pumping plant, pwoning plant equipment and appurtenances located thereon. PARCEL $ That certain real property located in the County of 3 Mange, State of Ca lfornia described as follows : 4 PARCEL 1: The South 50.00 feet of the East 40.00 feet of the West 486.00 feet of Lot 1 in Block 8 of the Yorba Linda Tract, in the County of Orange, State of California, as 8 shown on a map thereof recorded in book.5, y pages 17 and 18, of Miscellaneous maps, records of said Orange County. The Westerly line of said Lot 1 being considered as the e center line of Palm Avenue (60.04 feet wide). PARCEL 2: An easement for ingress and egress over the South 12 feet of that portion of Lot 10 1 in Block 8 of the Yorba Linda Tract, in the Count yy~ of Orange, State of California, as per 1 map thereof recorded in book 5, pages 17 and. 1 41 18. of Miscellaneous Mans_ rAnnrds of acrid 13 Parc.e 1 1. 14 Together with the well, pumping plant, pumping plant equipment, and appurtenances 15 located thereon. `16 PARCEL 9: That certain real property located in. the County of Orange, State of California, described as follows : Dots 34 and ' of the Newmark Tract, as shown on a map thereof recorded in book 7, pages 45 and 46, Miscellaneous Maps, records of said Orange County.' Together with any and all improvements located thereon. 2 PARCEL 10: 24 That certain real, property located in the County of 25 Orange, State of California, described as follows : 26 PARCEL 1,; The East 64 P 00 feet of Lot 13 27 of the Newmark Tract, in the County of Orange, State of California,,,, as per map recorded in book 7, pages 45 and 46, of Miscellaneous laps, records of said Orange 29 County. PARCEL 2: Lots 10 and 11 of the Newmark 30. Tract, in the County of Orange, State of California, as per map recorded in boot 1 7, pages 45 and 46, of Miscellaneous Maps, • records of said orange County. 3 1 PARCEL 3: Lot 12 and that portion of Lot 9 lying South of the North line of 2 said Lot 12, produced Westerly to the East line of Front Street of the Newmark 3 Tract, in the. County .of Orange, State of California, as per map recorded in book 4 7, pages 45 and 46, of Miscellaneous Maps, S records of said Orange County. 8 Together with any and all improvements located thereon. T PARCEL 11: 8 Any and all water rights held or owned by e Yorba Linda Water Company as riparian, overlying, .0 appropriative or other rights, appurtenant to ~i any of the real property described in Parcels 1 to 10, inclusive above, or otherwise. 13 14 PARCEL 12: 15 All pipelines, fire hydrants, office equipment, ,16 automotive equipment, including automobiles and 17 trucks, stock inventory and tools owned by Yorba Y 1s Linda Water Company, in use and operated in 19 connection with the operation and maintenance of 20 the water system of said Yorba Linda Water Company. 21 92 PARCEL 13; 23 All rights of way, easements, permits, prescriptive 24 rights, prior rights or claims of right of any type or 25 description, owned or claimed to be owned by the Yorba 26 Linda Water Company, used or claimed to be used for 27 the construction, maintenance or replacement of any 28 pipeline, water will, reservoir, pump, meters, hydrants, 29 machinery or equipment of any kind or otherwise. 30, 37. 32 777 BE 'IT FURTHER RESOLVEDthat the foregoing property, woes, water rights, land, rights and privileges are necessary for 3 s" A c water works system. 4 B IT Ir'I1ItTHER SOLVED that Rutan, Lindsay, Dahl, Smedegaard, Howell & Tucker;, general: counsel. of sajd water district, be and. S they are hereby ordered and directed to bring an action in the 7 name of Yorba Linda County Grater District for the condemnation a of the foregoing property, works, water rights, land, rights and.. 9 privileges, and heretofore described, and to do all things nec_. 4O essary to prosecute said action to its final determination. Y1 BE ET FURTHER RESOLVED that the president or secretary of 12 the board of directors be, and they are hereby authorized and 13 directed to sign and verify any and all complaints, affidavits 14 or other instruments necessary to maintain said action in 15 condemnation, ~ 32