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HomeMy WebLinkAbout1959-10-14 - Resolution No. 0151 I=OLUTItN NO. L.~..!' 2 RESOLUTION AUTRORIZDIG THE COMEMIM UCH (W CERTAIN 3 PRtS: rM 9 WtXW , WATER RIGHTS, LAND 9 RIGHTS, 4 AID PRIVILEGES AM D=IARIM THE PUBLIC NECESSITY TMWGR 5 6 WIDMEAS, Yorba Linda County Water District is a county 7 water district duly formed, organised and existing pursuant s to and under the provisions of Division 12 of the Water Code s of the State of California, and 10 WHRUS, Sections 31040 to 31042, inclusive, of the 11 Water Code of the State of California provide a county motor 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, 16 rights and privileges useful and necessary to convey, supply 17 or store, or otherwise make use of water, and 1s VIREMS, Section 31044 of the Water Code of the State 19 of California provides a county water district may bring 20 Eminent Domain proceedings. 21 22 N(JW T BIOUs BE IT RUOLVBD, that the board of directors 23 of the Yorba Linda County Water District does hereby find and 24 determine: that the public interest and necessity require the 25 acquisition, construction and completion of a water works 26 system and the works, water rights, land, rights and privil egos 27 necessary thereto, and that said public interest and necessity 28 require that said District take and acquire the fee simple title 2s in and to the hereinafter described property, works, water 30 rights, laud, rights and privileges. Said property, works, 31 water rights, land, rights and privileges are described as 32 follows: -1- . ~ s o 1 PARCEL 1: 2 That certain real property located in the County 3 of Orange, State of California, described as 4 followst 5 The :youth 70 feet of the West 225 feet 6 of the South 2-1/2 acres of the East 764.79 feet of Lot 6, in Block 36, of 7 the Yorbs Linda Tract, as shown on a map thereof recorded in Book 59 pages 8 17 and 18 of Miscellaneous Maps, records of said Orange County, Calif- 9 ornis. ZXCZPTIW THEREFROM the West 25 feet r" erved for a street. 10 11 PARCEL 2: 12 That certain real property located in the County 13 of Orange, State of California, described as 14 follows ; 15 Beginning at a ppooint 70 foot South of 16 the Northerly liars and 664.79 feet West of the Easterly line, (said Easterl 17 line being the center line of a 60-10ot street) of Lot 70 in Block 36, of the 18 Yorbs Undo Tract, as per map recorded in Boole 5, pages 17 and 18, of Miscellaneous 19 Maps records of said Orange County, CslUornia; thence Southerly along a line 20 parallel to the said Easterly line of Lot 7, in Block 36, Yorbo Linda Tract 80 feet; 21 thence Was ter ly al a line Para he 1 to the said Wrtherly l ne of Lot 7, in Block 22 36, Yorba Linda Tract, 100 feet; thence Northerly parallel to the first described 23 line, 80 feet; thence Easterly parallel to. the second described line 100 feet to the 24 point of beginning, containing 0.18 acre more or less. 25 Together with any and all improve=ents 26 located thereon. 27 28 PARCEL 3: 29 That certain real property located in the County 30 of Orange, State of California, described as 31 follows 32 That certain portion of lot 7, in Block -2-0 1 36 of Yorba Linda Tract, as shown by map recorded in Book 5, pages 17 and 18 of 2 Miscellaneous maps, records of said Orange County California: lying nest of the 3 Easterly 789.80 meet, containing 8.25 acres more or less. 4 Together with any and all i a WWOMsnta, 5 we ls, pumping Plants, pumping plant equipment and appurtenances located 6 thereon. 8 MCEL 4: 9 That certain real property located in the County 10 Of Mange, State of California, described as 11 follows : The Bast one acre of the following 12 described property~!: Beginningg at the rarrthwes t corner of 13 Lot 23, in Block 36 of the Yorbe Linda Tract, as per map recorded in Book 5, 14 Pages 17 and 18, of Miscellaneous Maps, records of said Grange County, California ; 15 thence running in an Easterly direction alo the Northerlp boundary line of said 16 Lot 3 in Block 36, 926.98 feet to a point In the center line of a continuation of Richfield Road thence in a Southerly 17 direction a t~ center line of con- 18 tinuation of Richfield Road 234.9 feet; thence in a Westerly direction on a line 19 parallel with the Northerly boundary line of said Lot 23, in Block 36 959.65 feet 20 to a point in the Westerly dory line of said Lot 23, in Block 36; thence in a 21 Northerly direction along said Westerly boundary line 237.6 feet to the point of 22 beginnin 25 LX ING THEREFROM the Eastert. 23 Together with well, pumping plant, 24 pumping plant equipment and appurtenance* located thereon. 25 26 FARQL 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 cornet` of LAt 31 3 in Block 7 of Yorba Linda Tract, as shown on map recorded in Book 5, pages 32 17 and 18 of Miscellaneous Maps records of said Orange County, California, thence -3- 0 0 1 Westerly along the Northerly line of said 2 Lot 3 in Block 7 of said Yorba Linda Tract li 05 ne 3 300 feet; thence Southerly along a feet Westerly from and parallel to the 3 Easterl line of said Lot 3 in Block 7, 4 Yorba Hinds Tract 218 feet; theme Easterly d l f h 8 et Sout er y rom an a l a line 21 parallel to the said Northerly line of Lot 3 5 in Block 7, Yorba Linda Tract 300 feet to the said Easterly line of Lot 3 In Block 7, Yorba 6 Linda Tract; thence Northerly along the said 7 Easterly line of said Lot 3 in Block 7 Yorba f f i - i t 18 f h eg n n o ero eet to t Linda Tract, 2 f the Ring, bei that Easterly 300 feet o 8 I tharly 218 feet of said Lot 3 in Block 7, containing 1.5 acres more or less. Together with the following describes property: 10 Beginning at a point in the Southerly line of 11 Lot 3 in Block 7 of the Yorba Linda Tract as i 12 8, per map recorded in Book 5, pages 17 and of Miscellaneous Maps records of said orange h W f 5 13 e t .44 feet est o County, California 3 f said lot; thence North Southeast corner o r 52' 40" West to an intersection with the 14 Northwesterly line of the land described as Parcel 2 in the deed to Harold E. Marsh and 15 wife, recorded January 15, 1932 in book 529 westeri aia i rth d l R i ffi 3 y s, a o e ecor c a page 21 , O is lure bei g described as "'North 47° 45 ` 40" East 72.70 feet, thence North 47` 45' 40" 17 East to a point in the Ea s ter 1~r line of said l li h l 16 y ne is eateer Lot 3 t~e Ncirth along t i d Lot 3 437.65 feet to the Northeast. of sa l 'E h • h 19 ast a ong t e ence t corner of sa lot North litre of lot 42 in said Block 7, 20 feet thence South parallel to the East line of ,aaic! 20 Lot 3 to an intersection with a line which is parallel Frith and 20 feet distant Southeasterly 21 measured at right angles from the above course described as"Nth 47' 451 40" East; thence 22 South 47 45p 40" West along ~~said parallel 23 Mims to a point in a line wh~i.e h is para l le 1 with and 20 feet distant Easterly measured at 24 right angles from the first course above described as '"'forth 0' 521 40" West; thence 25 South 0' 52' 40" Bast to a paint in the South line of said Lot 3; thence West along said 26 South line 20 feet to the point of beginning. 27 Together with any and all improvewents located thereon. 28 29 G PARCEL 6 s 30 That certain real property located in the County 31 of Orange, State of California, described as 32 follows: -4- 1 Beginning at the Southeast corner of Lot 4 2 in Block 20, thence running in a Southerly direction at right angles to the South line 3 of Lot 4 in Block 20, 250 feet to a point, thence deflectin to the right 48 deg. 1 4 minute, more or less and running 888.25 feet more or less to a point in the line between 5 Lots 7 and 8 in Block 20, being 330 feet more or less North of the Northwest corner 6 of said Lot 7 in Block 20, thence deflecting 90 deg. to tine right and running 400 feet 7 to a point, thence deflecting 90 deg. to the right and running 360.79 feet na ee or 8 less to the said line between Lots 7 and 8 in Block 20 of the Yorba Linda Tract, as s shown on map recorded in book 5, pages 17 and 18 of Miscellaneous Maps, records of to said Orange County, California; thence continuing on above line 456.57 feet more 11 or less to the said South line of Lot 4 in Block 20, Yorba Linda Tract; thence 12 along the said South line of Lot 4 in Block 20, Yorba Linda Tract, 320.18 feet f b i 13 nning, eg more or less to the point o containing 8.75 acres more or less d 6& 14 acres 1. being 7.09 acres in Lot 7 an b a Linda Tract. in Lot 8 in Block 20, Yor 15 Together with any and all improvements 16 located thereon. 17 PARCEL 7: 18 That certain real property located in the County of 1s Orange, State of California, described as follows: 20 Beginning at the Northwest corner of Lot 8 21 in Block 12 of the Yorba Linda Tract, as per map recorded in book 5, pages 17 and 18, of 22 Miscellaneous Maps, records of said Orange C nty, California, in the center line of a 60- 23 foot street thence Easterly along the North line of sail Lot 8 in Block 12, Yorba Linda 24 Tract 130 feet thence Southerly along a line 130 feet Easterly from and parallel to the 25 West line of said Lot 8 in Block 12, Yorba Linda Tract 150 feet; thence Westerly along 26 a line 154 lest Southerly from and para 1 le l to the said Northerly line of Lot 8 in Block 27 12, Yorba Linda Tract, 130 feet to the Westerly line thereof in the center line of a 60-foot 28 street; thence Northerl along the said Westerly line of Lot 8 in Block 12, Yorbs Linda Tract, 29 150 feet to the point of beginning, being the Westerly 130 feet of the Northerl 150 30 feet of said Lot 8 in Block 12, containing 0.45 acre more or less. 31 Together with all improvements, pumping plant, 32 pumping plant equipment and appurtenances located thereon. -5- 1 PARCEL 8: 2 That certain real property located in the county of 3 Orange, State of California, 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 5 in Block 8 of the Yorbs Linda Tract, in the County of Orange State of California, as 6 shown on a map thereof recorded in book 5, pages 17 and 189 of Miscellaneous Meps, 7 records of said Orange County. The Westerly line of said Lot 1 being considered as the 8 center line of Palm Avenue (60.00 feet wide). 9 PARCEL 2: An easement for ingress and egress over the South 12 feet of that portion of Lot 10 1 in Bloch 8 of the Yorba Linda Tract, in the County of Orange, State of California, as per 11 map thereof recorded in book 5, pages 17 and 18, of Miscellaneous Maps, records of said 12 Orange County, lying Westerly of the West line of the land hereinbefore described in 13 Parcel 1. 14 Together with the well, p jug plants 15 pumping plant equipment, and appurtennces located thereon. 16 PARCEL 9: 17 That certain real property located in the County of 18 Orange, State of California, described as follows: 19 Lots 34 and 35 of the Newmark Tract, as shown on a map thereof recorded in book 20 7, pages 45 and 46, Miscellaneous Maps, 21 records of said Mange County. 22 Together with any and all improvements located thereon. 23 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 64.00 feet of Lot 13 27 of the Newmark Tract in the County of Oran e State of Calif ia a , g , orn s per map 28 recorded in book 7, pages 45 and 46, of Miscellaneous Maps, records of said Orange 29 County. 30 PARCEL 2: Lots 10 and 11 of the Newmark Tract, in the County of Orange. State of 31 California, as per map recorded in book 7, pages 45 and 46, of Miscellaneous Himps, 32 records of said Orange County. -6- 9 0 1 PARCEL 3: Lot 12 and that portion of Lot $ lying South of the North line of 2 said Lot 12 produced Westerly to the East line of Front Street of the l mark 3 Tract,, in the County of Orange, State of 4 California, as per map recorded in book 7, pages 45 and 46, of Miscellaneous Maps, 5 records of said Orange County. 6 Together with any and all improvements located thereon. 7 PARCEL 11: 8 Any and all water rights held or cued by 9 Yorbs Linda Water Company as riparian, overlying,, to appropriative or other rights,, appurtenant to 11 an of the real pro any petty described in Parcels 1 12 to 10, inclusive above, or otherwise. 13 14 PARCEL 12: 15 All pipelines, fire hydrants, office equipment, 16 automotive equipment, including automobile* and 17 trucks, stock inventory and tools owned by Yorbs 16 Unda 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 22 PARCEL 13: 23 All rights of asy, 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 Yorbs 26 Linda Water Company, used or claimed to be used for 27 the construction, maintenance or replacement of any 28 P1peline r water will, reservoir, pump, meters, hydrants, 29 machinery or equipment of any kind or otherwise. 30 31 32 •7- 1 BS 12 FMHM RESQLVEDthat the foregoing property, works, 2 water rights, land, rights and privileges are necessary for 3 said eater works system. 4 BE IT FURTM RESOLVED that gutan, Liaadsay, Dahl, Smadegaard, 5 Nowell & Tucker, general counsel of said water district, be and 6 they are hereby ordered and directed to bring an action in the 7 same of Yorba Linda County Water District for the coition 8 of the foregoing property, works, water rights, land, rights and 9 privileges, and heretofore described, and to do all things nec- 10 essary to prosecute said action to its final determination. 11 U TT FURTM MSDLVBD 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 coWlaints, affidavits 14 or other instruments necessary to maintain said action in 15 oondenneLion. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -8-