HomeMy WebLinkAbout1960-11-09 - Resolution No. 0371
1}" RESOLUTION NO. 37
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2 -RESOLUTION AUTHORIZING AND DIRECTING THE
3 CONDEMNATION OF CERTAIN REAL PROPERTY IN
4 THE COUNTY OF ORANGE, STATE OF CALIFORNIA
5 AND DECLARING THE PUBLIC NECESSITY THEREFOR
6
7 WHEREAS, Yorba Linda County Water District is a county
8 water district duly formed, organized and existing pursuant
9 to and under the provisions of Division 12 of the Water Code
10 of the State of California, and
11 WHEREAS, Section 31040 and 31041 of the Water Code of
12 the State of California provide a county water district may
13 take property by condemnation, may hold, use and enjoy property
14 within or without the district necessary to the full exercise
15 of its powers, and
16 WHEREAS, Section 31044 of the Water Code of the State
17 of California provides a county water district may bring
18 Eminent Domain proceedings.
19
20 NOW, THEREFORE, the Board of Directors of the Yorba Linda
21 County Water District does hereby resolve as follows:
22 Section 1. That the Board of Directors of Yorba Linda
23 County Water District has found and determined and does hereby
24 find and determine that the public interest and necessity require
25 for public use the acquisition, construction, completion,
26 operation and maintenance by said Yorba Linda County Water
27 District of certain public improvements, to wit: A sanitary
28 sewer and all facilities and appurtenances necessary or in--
29 cidental thereto including manholes, measuring devices, and
30 other structures for the transportation and receipt of sewage
31 and industrial wastes and for the purpose of transporting,
32 treating and disposing of said sewage and industrial wastes
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1 arising within the territories of said Yorba Linda County Water
2 District and such other territories as said district may have
3 contracted to serve pursuant to law; and that certain real
4 property situated in the County of Orange, State of California,
5 is necessary therefor.
6 Section 2. That the real property, the acquisition of
7 which is required by the public interest and necessity for the
8 uses and purposes set forth in Section 1 hereof, is situated in
9 the County of Orange, State of California, and is more particularly
10 described as follows, to wit:
11 A permanent easement and right-of-way over, under
and across a strip of land 15.00 feet in width,
12 being a portion of the Ist Class lands allotted to
13 Prudencio Yorba, as shown on a map attached to and
made a part of the Decree of Partition of the
14 Rancho Canon de Santa Ana in case #1978 of the 17th
Judicial District Court of California, lying 7.5
15 feet on each side of the following described center
line:
16
17 Beginning at a point accepted as Station 1 of said
P. Yorba allotment, as shown on a Record of Survey
18 recorded in Book 38 Page 6 of Official Records of
the County of Orange, Orange County, California;
19 thence N. 890 55' 03" W. along the South line of
said Record of Survey 453.80 feet to the true point
20 of beginning; thence S. 90 44' 50" E. 238.97 feet;
21 thence S. 40 42' 10" W. 270.00 feet; thence S. 270
04' 05" E. 85.70 feet, more or less, to an intersec-
22 tion with the West line of the M. Scully allotment,
as shown on a Record of Survey recorded in Book 9
23 Page 50 of said Official Records of said County of
Orange; said intersection being 125.30 feet, more or
24 less, Southerly of Corner #4 of said M. Scully allot-
ment measured along said West line of M. Scully
allotment; thence S. 270 04' 05" E. 14.30 feet, more
26 or less, to a point lying 7.5 feet Easterly of and
measured at right angles to the said West line of
27 said M. Scully allotment; thence S. 40 34' 17" W.
464.68 feet, more or less, and parallel with the
28 West line of said M. Scully allotment to an inter-
29 section with the center line of the Placentia Yorba
Road; thence N. 780 16' 15" W. along said center line
30 7.56 feet to an intersection with the said West line
of said M. Scullyallotment; thence S. 40 34' 17" W.
31 along said West line to Corner #5 6f said M. Scully
allotment, said corner being also Corner #7 of the
32 said Prudencio Yorba allotment.
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1 Except that portion lying southerly of the North line
of Placentia Yorba Road.
2
3 The side lines of said easement may be lengthened or
shortened to intersect the North line of Placentia Yorba
4 Road and the South line of said Record of Survey filed in
Book 38, Page 6 of said Official Records of the County of
5 Orange.
6 Section 3. That the permanent easements and rights of
7 way above described and necessary to be acquired shall be
8 acquired subject to the rights of the owners, their successors
9 and assigns, to use the surface of the land within the boundary
10 lines of such easements and rights of way to the extent
11 compatible with the full and free exercise of said easements
12 and rights of way; provided, however, that:
13 (a) No building or structure of any kind shall be
14 placed, erected or maintained thereon;
15 (b) No streets, alleys nor roadways shall be constructed
16 upon, over, or along said easements and rights of
17 way to a grade less than four feet above the top of
18 any pipe or pipes located within the lines of said
19 easements or rights of way;
20 (c) No fill shall be placed or maintained over the
21 surface of the ground as it shall exist within the
22 lines of said easements and rights of way upon the
23 completion of the improvements to be constructed
24 therein greater than four feet in depth.
25 Section 4. That the permanent easements and rights of
26 way to be acquired shall include:
27 (a) The right to construct manholes, air valves, blow-
28 offs, stations, standpipe and service connection
29 structures appurtenant to said line or lines of
30 trunk sewer pipe, which structures may extend
31 above the surface of the ground;
32 (b) The right to install, construct, reconstruct, remove,
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1 and replace, inspect, maintain, repair, improve and relocate
2 a pipeline or pipelines with incidential appurtenances and
3 connections in, on, and under said real property hereinabove
4 described and to install, construct, reconstruct, inspect,
b maintain, repair, replace, improve and relocate lines parallel
6 to said pipeline or pipelines.
7 Section 5. That the Board of Directors of Yorba Linda
8 County Water District hereby declares its intention to acquire
9 the property described in Section 2 hereof by proceedings in
10 eminent domain. That Rutan, Lindsay, Dahl, Smedegaard, Howell
11 & Tucker, general counsel for said water district, be, and
12 they are hereby ordered and directed to bring an action in the
13 Superior Court of the State of California, in and for the County
14 of Orange, in the name of the Yorba Linda County Water District
15 against all owners and claimants of the above described properties
16 for the purpose of condemning and acquiring said properties for
17 the public use of said Yorba Linda County Water District and to do
18 all things necessary to prosecute said action to its final
19 determination in accordance with the provisions of law applicable
20 thereto. That said attorneys are authorized and instructed
21 to make application to said Court for an order fixing the amount
22 of security by the way of money deposits as said court may direct
23 and for an order permitting Yorba Linda County Water District to
24 take possession and use of said real property for the uses and
25 purposes herein described.
26 Section 6. That the president or secretary of the Board of
27 Directors be, and they are hereby authorized and directed to sign
28 and verify any and all complaints, affidavits, or other instru-
29 ments necessary to maintain said action in condemnation.
30 The above and foregoing Resolution No. 37 was regularly
31 passed and adopted by the Board of Directors of Yorba Linda
32 County Water District at a regular meeting of said board held
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1 on the 9th day of November, 1960.
2
3 / C-;~ ry t li l
Valdo Y. SM2(th, secretary of the
4 Yorba Lindy County Water District
5
6 STATE OF CALIFORNIA )
SS.
7 COUNTY OF ORANGE )
8 I, VALDO Y. SMITH, Secretary of the Board of Directors
9 of Yorba Linda County Water District, do hereby certify that
10 the above and foregoing Resolution No. 37 was regularly passed
11 and adopted by the Board of Directors of Yorba Linda County
12 Water District at a regular meeting of said Board held on the
13 9th day of November, 1960, by the following roll call vote,
14 to wit:
15 AYES: Wagner
Milmoe
16 Christ
17 Hastings
Clodt
18 NOES: None
19 ABSENT: None
20 IN WITNESS WHEREOF, I have hereunto set my hand and
21 affixed the official seal of Yorba. Linda County Water District,
22 this 9th day of November, 1960.
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25 Valdo Y. 4th, Secretary of the
Yorba Linda County Water District
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