HomeMy WebLinkAbout1962-06-27 - Resolution No. 0581
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RESOLUTION NO. v~
OLUTION AUTHORIZING AND DIRECTING THE
DEMNATION OF CERTAIN }ZEAL PROPERTY IN
COUNTY OF ORANGE, STATE OF CALIFORNI
DECLARING THE PUBLIC NECESSITY THERE
7 WHEREAS, Yorba Linda County Water District is a county
8 dater district duly formed, organized and existing pursuant
9 to and under the provisions of Division 12 of the Water Code
10 r>1" the State of California, and
11 G7HEi2FAS, 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 of
17 t.;alifornia provides a county water district may bring Eminent
18 Domain proccedings.
19
20 Lhe boar u tai fdr-ctors or the Yorba Linda
21 Corinty 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, g< wW
26 r_ion and maintenance by said Yorba Linda County Water District
27 of certain public improvements, to wit: A sanitary sewer and
28 water distribution system and
all facilities and appurtenances necessary or incidental thereto
29 including manholes, measuring devices, and other structures
30 for the transportation and receipt of sewage and industrial
31 wastes and for the purpose of transporting, treating and disposing
32 of said sewage and industrial wastes ari.sinR within the terri-
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1 tories of said Yorba Linda County Water District and such
2 ether territories as said district may have contracted to
3 serve pursuant to law; and that certain real property situated
4 in the County of Orange, State of California, is necessary
b 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 particu-
10
larly described as follows, to
wit:
11
'parcel
A - Permanent
Easement
and Right of Way.
12 An easement for sewer pipeline purposes in and under
that portion of grantor's property in fractional Section 29,
13 'T'ownship 3 South, Range 9 West in the Rancho San Juan Cajon
r Santa Ana, County of Orange, State of California, as said
14 `}action is shown on the map recorded in Book 51, Page 7 of
iscellaneous Maps, records of said County, lying within a
15 1.5.00 foot wide strip of land being 7.50 feet on each side
of the following described centerline:
16
Beginning at the intersection of the Easterly line of
17 Tract 4405, per map thereof recorded in Book 151, Pages 39 to
41 inclusive of Miscellaneous Maps, records of said County,
18 ,,Ath a line parallel with the centerline of Palm Avenue, as
silown on said map of Tract 4405, and distant Northeasterly
19 therefrom 28.00 feet, measured at right angles; thence South
67° 59' 36" East, along said parallel line, 302.50 feet; thence
20 orth 22° 00' 24" East 22.00 feet to the beginning of a tan-
gent curve concave Southeasterly and having a radius of 840.20
21 `'eet; thence Northeasterly, along said curve, through a central
Odle of 24° 24' 30", a distance of 357.93 feet; thence North
22 L~~ 24' 54" East, tangent to said curve, 50.50 feet to the
beginning of a tangent curve concave Northwesterly and having
23 , radius of 475.74 feet; thence Northeasterly, along said
...irve, through a central an§le of 50° 00' 00", a distance of
24 "4.5.16 feet; thence North 3 35' 06" West, tangent to said
curve, 430.53. feet to the begin n.u
25 ve Easterly and having a radius of 600.00 feet; thence
;:northerly, along said curve, through a central angle of 13°
26 ! 28", a distance of 139.01 feet; thence North 9° 41' 2211
East, tangent to said curve, 600.44 feet to the beginning of
27 a tangent curve concave Southeasterly and having a radius of
887.04 feet; thence Northeasterly, along said curve, through
28 a central angle of 16° 00' 00" a distance of 247.71 feet;
thence, tangent to said curve, North 25° 41' 22" East 55.80
29 feet to the point on the North line of said Section distant
South 89° 41' 00" West 286.68 feet from the intersection of
30 said North line with the centerline of Linda Vista Street,
said intersection is shown on said map of Tract 4405.
31
The side lines of this easement are prolonged or shop
32 to terminate on the Easterly line of said Tract 4405 and of
said North line of Section 29.
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1 "arcel,P, - Temporary Construction Easement and Right
2 of Way.
3 ^;i:Fte~n (15) foot strip of land lying parallel with
th side of the following described fifteen (15) foot
4 strip of land situate in the County of Orange, State of Calif-
ornia, to wit:
b
BEGINNING at the intersection of the Easterly line of
6 Tract 4405, per map thereof recorded in Book 151, Pages 39 to
41 inclusive of Miscellaneous Maps, records of said County,
7 with a line parallel with the centerline of Palm Avenue, as
shown on said map of Tract 4405, and distant Northeasterly
8 `herefrom 28.00 feet, measured at right angles; thence South
57° 9' 16" Fa t, along said parallel 1.:-ri^, ?02.50 Feet.
9
10
11 Parcel C - Temporary Construction Easement and Right
12 c-, L Way.
13 A twenty (20) foot strip of land lying parallel with
7--sterly side of the following described fifteen (15)
14 f;.,ot strip of land, situate in the County of Orange, State of
'-.-Jifornia, to wit:
lb
BEGINNING at the intersection of the Easterly line of
16 _r-act 4405, per map thereof recorded in Book 151, Pages 39
O 41 inclusive of Miscellaneious Maps, records of said
17 ~;nunty, with a line parallel with the centerline of Palm
'_venue, as shown on said map of Tract 4405, and distant
18 '';;rtheasterly therefrom 28.00 feet, measured at right angles;
,ence South 67° 59' 36" East, along said parallel line,
19 ;"72.50 feet.
20
21 Section 3. That the permanent easements and rights of
22 ,vny above described and necessary to be acquired shall be
23 :squired subject to the rights of the owners, their successors
24 ,;d assigns, to use the surface of the land within the boundar;
25 lines of such easements and rights of way to the extent
26 )mpatible with the full and free exercise of said easements
27 and rights of way; provided, however, that:
28 Ea) 14o building or structure of any kind shall be
29 t:laced, erected or maintained thereon;
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(b) No streets, alleys nor roadways shall be constructed
upon, over, or along said easements and rights
32 =iy to a grade less than four feet above the t
i;4
a . 0 40
1 ~f any pipe or pipes located within the lines
2 Of said easements or rights of way;
3 Ao fill shall be placed or maintained over the
4 :surface of the ground as it shall exist within the
5 lines of said easements and rights of way upon the
6 completion of the improvements to be constructed
7 therein greater than four feet in depth.
8 Section 4. That the permanent easements and rights of
9 Wda}r ;o be acquired shall include;
10 The right to construct manholes, air valves, blow-
11 offs, stations, standpipe and service connection
12 structures appurtenant to said line or lines of
13 truck sewer pipe, which structures may extend
14 above the surface of the ground;
15 gib) The right to install, construct, reconstruct, re-
16 move, and replace, inspect, maintain, repair, improve
17 nd relocate a pipeline or pipelines with incidental
18 appurtenances and connections in, on, and under
19 said real property hereinabove described and to
20 irst~)11, construct, reconstruct, inspect, main-
21 fain, repair, replace, improve and relocate lines
22 parallel to said pipeline or pipelines, including
23 any water lines necessary to the accomplishment
24 Of the Yorba Linda County Water District's pur-
25 poses.
26 Section 5. The temporary easements and rights of way
27 described above and necessary to be acquired are acquired for
28 the purpose of constructing the public improvements involved
29 c:nd described herein, and said temporary easements and rights-
30 .,f-way, shall extend for a period of forth-five (45) days,
31 com,,necncing July 16, 1962.
32 "}ection 6. That the Board of Direcotrs of Yorba Linda
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1 'ounty Water District hereby declares-its intention to acquire
2 the property described in Section 2 hereof by proceedings in
3 eminent domain. That RUTAN, LINDSAY, DAHL, SMEDEGAARD, HOWELL
4 & TUCKER, general counsel for said water district, be, and
5 they are hereby ordered and directed to bring an action in the
6 name of the Yorba Linda County Water District against all
7 owners and claimants of the above described properties for
8 !ze purpose of condemning and acquiring said properties for
9 ;--he public use of said Yorba Linda County Water District and to
10 do all things necessary to prosecute said action to its final
11 determination in accordance with the provisions of law applicable
12 thereto. '''hat said attorneys are authorized and instructed
13 to make application to said Court for an order fixing the amount
14 of security by the way of money deposits as said court may
lb direct and for an order permitting Yorba Linda County Water
16 District to take possession and use of said real property for
17 the lases and purposes herein described.
18 Section 7. That the president or secretary of the Board
19 of Directors be, and they are hereby authorized and directed
20 sign and verify any and all complaints, affidavits, or
21 ether instruments necessary to maintain said action in condemna-
22 Linn.
23 'lhe above and foregoing Resolution No. 1 was regularly
24 passed and adopted by the Board of Directors of Yorba Linda
25 plater District at~^a regular meeting of said board held
26 ;n theg 7 d?y of 'J tt r7'e ' 19ye'?
27
28 `Waldo Y. S th, Secretary of the
,'orba Linda County Water District
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