HomeMy WebLinkAbout1964-03-11 - Resolution No. 103• HLMc:bbb
ORIGINAL
1 RESOLUTION NO. 103
2 RESOLUTION AUTHORIZING AND DIRECTING THE
CONDEMNATION Of CERTAIN REAL PROPERTY IN
3 THE COUNTY OF ORANGE, STATE OF CALIFORNIA
AND DECLARING THE PUBLIC NECESSITY THEREFOR
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5 WHEREAS, Yorba- Linda County Water District is a County Wa -~y
6!District, duly formed, organized and existing pursuant to and under
711the provisions of Division 12 of the Water Code of the State of
8 ICal ifornia, and
9 WHEREAS, Sections 31040 and 31041 of the Water Code of thi
10, ;,,:ate of California provide a county water district may take property
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llliby condemnation, may hold, use and enjoy property within or witnoit
12 the district necessary to the full exercise of its powers, and
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13~; WHEREAS, Section 31044 of the Water Code of the State of
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14 al.fornia provides a county water district may bring Eminent
15 prc,ceeeings.
16 NOW, THEREFORE, the Board of Directors of the Yorba Linda
17 County Water District does hereby resolve as follows:
18 Section 1. That the Board of Directors of Yorba.Linda Cr, y
19 Water District has found and determined and does hereby find and
2C *-rmi!ne that the public interest and necessity recuire for public
-y use th(- acquisition, construction, completion, operati,-n and --ten-
-,2 ance by said Yorba Linda County Water District of certain public
23 ir,.,:)rovements, to wit: A sanitary sewer and all facilities ar
24 appurtenances necessary or`incidental thereto including manholes,
25 measuring devices, and other structures for the transportation and
26 receipt of sewage and industrial wastes and for tre p.xrpose of trans-
27 pc-ting, treating and disposing of said sewage and industrial wastes
281 a-risi:ng within the territories of said Yorba Linda County Wat2-
29 District and such other territories as said district may have con-
30 tracted to serve pursuant to law; and that certain real property
3: ',►situated in the County of Orange, State, of California, is necessary
34 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
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I PARCEL NO. 1
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2 An easement for the construction and maintenance of sanitary
3 sewers and appurtenances through a portion of Lot 2-in Block 23 of
4 Yorba Linda Tract, as.shown on a map filed in Miscellaneous Maps,
5 Book 5 at pages 17 and 18, records of Orange'County, California,
6 described as follows:
7 A strip of land 15 feet wide, with side lines measured at
8 right angles 9 feet northeasterly and 6 feet southwesterly from the
9 following described line:
10 Beginning at a point on the northeasterly extension of the
11 southeasterly line of Grandview Avenue, distant thereon 129.85 feet
12 northeasterly from the intersection of the southwesterly line of
13 said Lot 2 with the southeasterly line of Grandview Avenue as shown
14 on a map filed in Book,42 at page 19 0f Records of Surveys, records
15 of Orange County, California;
16 Thence South 61° 57' 20" East and parallel with the southwest-
17 erly line of that certain parcel shown as "1.437 Ac." on said
18 Record'of Survey map, 287.99 feet, more or less to a.pDijit on the
19 easterly line of said "1.43.7 Ac." parcel'.
20 The side lines of said easement to be`lengthened'or shortened
21 to meet property lines:
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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 said
easements and rights-of way to the extent compatible 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 tQ6.b6-_'
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
in, on, and under said real property herein
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1 above described and to install, construct, re- ~
2 construct, inspect, maintain, repair, replace,
3 improve and relocate lines parallel to said
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4 pipeline or pipelines;
5 (c) The right to'enter upon and to pass and repass
6 over and along said strip of land, and to de
7 posit tools, implements and other materials
8 thereon by said Yorba Linda County Water Dis-
9 trict, its officers, agents and employees, and
10 by persons under contract to construct said
11 sewer line, and their employees, whenever and
12 wherever necessary for the purpose of laying,
13 constructing, reconstructing, renewing, in-
14 specting, maintaining, repairing, enlarging,
15 using and operating said sewer line.
16 Section 5. That the Board of Directors of Yorba Linda
17 County Water District hereby declares its intention to acquire
18 the property described in Section 2 hereof by proceedixigs' in
19 Eminent Domain., That Rutan & Tucker, general counsel for said
20 water district be, and they are hereby ordered and directed to
21 bring an action in the Superior Court of the State of California,
22 in and for the County of Orange, in the name of the Yorba Linda
23 County Water District against all owners and claimants of the
24 above described propertieh for the purpose of condemning and
25 acquiring said properties for the public use of said Yorba Linda
26 County Water District and to do all things necessary to prosecute
27 said action to its final determination in accordance with the
28 provisions of law applicable thereto. That said attorneys are
29 authorized and.instructed to make application to said Court for
30 an Order fixing the amount of security by the way of money deposits
31 as said Court may direct and for an order permitting Yorba Linda
32 County Water District to take possession and use of said real.
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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
I necessary to maintain said action in condemnation.
The above and foregoing Resolution No. 103 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
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•
1 STATE OF CALIFORNIA
as.
2 COUNTY OF ORANGE
3
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. 103 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 11th .day of
March
9,196 4 ,
_
by the following roll call
vote, to
wit:
AYES:
"
C1odt
Hastings
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McGuire
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,
.
Wagner-';
NOES: None
ABSENT: Milmoe
g
11'a
Y.
Secretary of the Board of Directors
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