HomeMy WebLinkAbout1964-02-13 - Resolution No. 097A % 0 &LM*c :bb4
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RESOLUTION NO. 97
RESOLUTION AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY IN
THE COUNTY OF ORANGE, STATE OF CALIFORNIA
AND DECLARING THE PUBLIC NECESSITY THEREFOR
WHEREAS, Yorba Linda County Water District is a County
Water District duly formed, organized and existing pursuant to
and under the provisions of Division 12 of the Water Code of the
State of California, and
WHEREAS, Sections31040 and 31041 of the Water Code of the
State of California provide a county water district may take pro-
perty by condemnation, may hold, use and enjoy property within or
without the district necessary to the full exercise of its powers,
and
WHEREAS, Section 31044 of the Water Code of the State of
California provides a county water district may bring Eminent
Domain proceedings.
NOW, THEREFORE, the Board of Directors of the Yorba Linda
County Water District does hereby resolve as follows:
Section 1. That the Board of Directors of Yorba Linda
County Water District has found and determined and does hereby
find and determine that the public interest and necessity require
for public use the acquisition, construction, completion, operation
and maintenance by said Yorba Linda County Water District of certain
public improvements, to wit: A sanitary sewer and all facilities
and appurtenances necessary or incidental thereto including man-
holes, measuring devices, and other structures for the transporta-
tion and receipt of sewage and industrial wastes and for the pur-
pose of transporting, treating and disposing of said sewage and
industrial wastes arising within the territories of said Yorba
Linda County Water District and such other territories as said
district may have contracted to serve pursuant to law; and that
certain real property situated in the County of Orange, State
of California, is necessary therefor.
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Section 2. That the real property, the acquisition
of which is required by the public interest and necessity for
the uses and purposes set forth in Section 1 hereof, is
situated in the County of Orange, State of California, and
is more particularly described as follows, to wit:
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PARCEL 3 - A permanent easement and right-of-way over, under and
across a strip of land 15.00 feet wide in that parcel of land I
labeled "Hermine Bayha Lowe 7.806 Acres" on a map filed in Book 7,
Page 12 of Record of Surveys, Records of Orange County, in the
Rancho Canon de Santa Ana, County of Orange, State of California,
said strip lying 7.50 feet on each side of the following described
centerline:
Beginning at a point in the South line of said parcel, said
point being North 78° 18' 42" West 656.03 feet from the intersectio.
of Placentia-Yorba Boulevard and Orchard Drive as shown on said
Record of Survey; thence parallel and 15.00 feet westerly measured
at right angles to the East line of said parcel North 03° 30' 49"
East 637.89 feet; thence North 00° 50' 11" West 479.12 feet to a
point in the North line of said parcel, said point being South
81° 22' 50" East 257.05 feet from the Northwest corner of said
parcel. The side lines of said 15.00 feet wide strip shall be
lengthened or shortened to terminate at the boundaries of said
parcel. The basis of bearings of this description is the center-
line of Orchard Drive shown as North 10° 29' 30" East on a map
filed in Book 53, Page 44 of Record of Surveys, Records of Orange
Co.nty.
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I PARCEL 4 - A permanent easement and right-of-way over, under and
2 across a strip of land 15.00 feet wide in that parcel of land label-
3 ed "Leoncio Yorba et al 10.313 Ac. Gr." on a map filed in Book 53,
4 Page 44 of Record of Surveys, Records of Orange County, in the
5 Rancho Canon de Santa Ana, County of Orange, State of California,
6 said strip lying 7.50 feet-on each side of the following described
7 centerline:
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Commencing at the Southeasterly terminus of that certain
course on said Record of Survey shown as North 69° 20' 30" West
94.21 feet, said point being in the centerline of Orchard Drive;
thence along said centerline North 10° 29' 30" East 445.15 feet;
thence North 79° 30' 30" West 20.00 feet to the point of beginning,
being a point in the Westerly right of way-line of Orchard Drive;
thence North 04° 50' 17" West 551.67 feet; thence North 18° 36' 48"
East 45.82 feet to a point in the North boundary of said parcel,
said point being South 75° 49' 14" West 9.15 feet from the North-
easterly terminus of that certain course on said Record of Survey
shown as North 75° 49' 14" East 527.59 feet. The side lines of
said 15.00 feet wide strip shall be lengthened or shortened to .
terminate at the Westerly right of way line of Orchard Drive on the
South and at the North boon a°ry of said pArcel
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1 PARCEL 5 - A permanent easement and right-of-way over, under and
z across a strip of land 15,00 feet wide in that portion of Lot 4,
3 Block 34 and Lots 5 and 6, Block 24 of the Yorba Linda Tract as
4 shown on a map filed in Book 5, Pages 17 and 18 of Miscellaneous
5 Maps, Records of Orange County, in the Rancho Canon de Santa Ana,
6 County of Orange, State of-California, said strip lying 7.50 feet
7 on each side of the following described centerline:
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Beginning at a point in the North boundary of that parcel of
land labeled "Leoncia Yorba et al 10.313 Ac. Gr." on a map filed in
Book 53, Page 44 of Record of Surveys, Records of Orange County,
said point being South 75° 49' 14" West 9.15 feet from the North-
easterly terminus of that certain course thereon shown as North 75°
49' 14" East 527.59 feet; thence North 18° 36' 48" East 80.32 feet
to a point in that certain course called as South 12° 45' 11" East
46.10 feet, more or less, in a deed recorded April 26, 1962 in Book
6071, Page 383, Official Records of said county, said point being
South 13° 19' 14" East 46.72 feet from the Northerly terminus of
said course, said course being in the Westerly right of way line
of Orchard Drive. The side lines of said 15,00 feet wide strip
shall be lengthened or shortened to terminate at said Westerly
right of way line and said North boundary .of the land labeled
"Leoncia Yorba et al 10.313 Ac. Gr."
EXCEPT from the above description any portion of Lot 4 of
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1 PARCEL 6 - A permanent easement and right-of-way over, under and
2 across a strip of land 15,00 feet wide in that portion of Lot 4,
3 Block 34 and Lots 5 and 6, Block 24 of the Yorba Linda Tract as
4 shown on a map filed in Book 5, pages 17 and 18 of Miscellaneous
5 Maps, Records of Orange County, in the Rancho Canon de Santa Ana,
6 County of Orange, State of*California, said strip lying 7.50 feet
7 on each side of the following described centerline:
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Beginning at a point in the North boundary of that parcel of
land labeled "Leoncia Yorba et al 10.313 Ac. Gr." on a map filed in
Book 53, Page 44 of Record of Surveys, Records of Orange County,
said point being South 75° 49' 14" West 9.15 feet from the North-
easterly terminus of that certain course thereon shown as North
75° 49' 14" East 527.59 feet; thence North 18° 36' 48" East 80.32
feet to a point in that certain course called as South 12° 45' 11"
East 46.10 feet, more or less, in a deed recorded April 26, 1962
in Book 60719 Page 383, Official Records of said county, said point
being South 13° 19' 14" East 46.72 feet from the Northerly terminus
of said course, said course being in the Westerly right of way line
of Orchard Drive. The side lines of said 15.00 feet wide strip-
shall be lengthened or shortened to terminate at said Westerly
right of way line and said North boundary of the land labeled
"Leoncia Yorba et al 10.313 Ac. Gr."
EXCEPT from above description any portion of Lots 5 and 6
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1 PARCEL 7 - A permanent easement and right-of-way over, under and
2 across a strip of land 15.00 feet wide in that portion of Lot 4,
3 Block 34 and Lots 5 and 6, Block 24 of the Yorba Linda Tract as
4 shown on a map filed in Book 5, Pages 17 and 18 of Miscellaneous
5 Maps, records of Orange County, in the Rancho Canon de Santa Ana,
6 County of Orange, State of California, said strip lying 7.50 feet
7 on each side of the following described centerline:
8 Beginning at a point in the North boundary of that parcel of
9 land labeled "Leoncia Yorba et al 10.313 Ac. Gr." on a map filed
10 in Book 53, Page 44 of Record of Surveys, Records of Orange County,
11 said point being South 75° 49' 14" West 9.15 feet from the North-
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easterly terminus of that certain course thereon shown as North
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75° 49' 14" East 527.59 feet; thence North 18° 36' 48" East 80.32
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feet to a point in that certain course called as South 12° 45' 11"
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East 46.10 feet, more or less, in a deed recorded April 26, 1962
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in Book 6071, Page 383, Official Records of said County, said
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point being South 13° 19' 14" East 46.72 feet from the Northerly
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terminus of said course, said course being in the Westerly right
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of way line of Orchard Drive. The side lines of said 15.00 feet
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wide strip shall be lengthened or shortened to terminate at said
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westerly right of way line and said North boundary of the land
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labeled "Leoncia Yorba et al 10.313 Ac. Gr."
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EXCEPT from above description any portion of Lot 4 of Block
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Section 3. That the permanent easement and rights of
way above described and necessary to be acquired shall be
acquired subject to the rights of the owners, their successors
and assigns, to use the surface of the land within the boundary
lines of such easements and rights of way to the extent com-
patible with the full and free exercise of said easements and
rights of way; provided, however, that:
(a) No building or structure of any kind shall be
placed, erected or maintained thereon;
(b) No streets, alleys nor roadways shall be con-
structed upon, over, or along said easements
and rights of way to a grade less than four feet
above the top of any pipe or pipes located with-
in the lines of said easements or rights of way;
(c) No fill shall be placed or maintained on the
surface of the ground as it shall exist within
the lines of said easements and rights of way
upon the completion of the improvements to be
constructed therein greater than ten (10) feet
in depth.
Section 4. That the permanent easements and rights of
way to be acquired shall include:
(a) The right to construct manholes, air valves,
blowoffs, stations, standpipe and service
connection structures appurtenant to said line
or lines of trunk sewer pipe, which structures
may extend above the surface of the ground;
(b) The right to install, construct, reconstruct,
remove and replace, inspect, maintain, repair,
improve and relocate a pipeline or pipelines
with incidental appurtenances and connections
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in, on, and under said real property herein
above described and to install, construct, re-
construct, inspect, maintain, repair, replace,
improve and relocate lines parallel to said
pipeline or pipelines;
(c) The right to enter upon and to pass and repass
over and along said strip of land, and to de-
posit tools, implements and other materials
thereon by said Yorba Linda County Water Dis-
trict, its officers, agents and employees, and
by persons under contract to construct said
sewer line, and their employees, whenever and
wherever necessary for the purpose of laying,
constructing, reconstructing, renewing, in-
specting, maintaining repairing, enlarging,
using and operating said sewer line.
Section 5. That the Board of Directors of Yorba Linda
County Water District hereby declares its intention to acquire
the property described in Section 2 hereof by proceedings in
Eminent Domain. That Rutan & Tucker, general counsel for said
water district be, and they are hereby ordered and directed to
bring an action in the Superior Court of the State of California,
in and for the County of Orange, in the name of the Yorba Linda.
County Water District against all owners and claimants of the
above described properties for the purpose of condemning and
acquiring said properties for the public use of said Yorba Linda
County Water District and to do all things necessary to prosecute
said action to its final determination in accordance with the
provisions of law applicable thereto. That said attorneys are
authorized and instructed to make application to said Court for
an Order fixing the amount of security by the way of money deposits
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as said Court may direct and for an order permitting Yorba Linda
County Water District to take possession and use of said real
property for the uses and purposes herein described.
Section 6. That the president or secretary of the
Board of Directors be, and they are hereby authorized and
directed to sign and verify any and all complaints, affidavits,
or other instruments necessary to maintain said action in
condemnation.
The above and foregoing Resolution No. 97 was regularly
passed and adopted by the Board of Directors of Yorba Linda
County Water District at a regular meeting of said Board held
on the 13th day of February, 1964.
VALDO Y. S) ITH, Secretary of the Board
of Directors.
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STATE OF CALIFORNIA )
SS.
COUNTY OF ORANGE )
I, VALDO Y. SMITH, Secretary of the Board of Directors
of Yorba Linda County Water District, do hereby certify that
the above and foregoing Resolution No. 97 was regularly
passed and adopted by the Board of Directors of Yorba Linda
County Water District at a regular meeting of said Board
held on the 13th day of February 1964, by the
following roll call vote, to wit:
AYES: Milmoe
Clodt
Hastings
McGuire
Wagner
NOES:
None
ABSENT:
None
VALDO Y: SMITH