HomeMy WebLinkAbout1968-12-11 - Resolution No. 171A
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RESOLUTION NO. 171
RESOLUTION AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY
INTERESTS AND DECLARING THE PUBLIC NECES-
SITY 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, Section 31040 and 31041 of the Water Code of
the State of California provide a county water district may
take property 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
17 Domain proceedings, and
14 WHEREAS, Yorba Linda County Water District has heretofore
19 entered into an agreement with the City of Yorba Linda, which
20 provides that said Yorba Linda County Water District shall be
21 the agent of said City for the purpose of serving the area of the
22 said City with sewer collection and disposal services,
23 NOW, THEREFORE, the Board of Directors of the Yorba Linda
24 County Water District does hereby resolve as follows:
25 SECTION 1. That the Board of Directors of the Yorba Linda
26 County Water District has found and determined and does hereby
27 find and determine that the public interest and necessity require
28 for public use the acquisition, construction, completion, opera-
29 tion and maintenance by said Yorba Linda County Water District
30 of certain public improvements, to wit: A sanitary sewer and
31 all facilities and appurtenances necessary or incidental thereto
32 including manholes, measuring devices, and other structures for
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I the transportation and receipt of sewage and industrial wastes
2 and for the purpose of transporting, treating and disposing of
3 said sewage and industrial wastes arising within the territories
4 of said Yorba Linda County Water District and such other terri-
5 tories as said District may have contracted to serve pursuant to
6 law, including areas within the City of Yorba Linda; and that
7 certain real property and easements and pipelines and appurten-
8 antes located within said easements located in the County of
9 Orange, State of California, is necessary therefor.
10 SECTION 2. That the real property and real property in-
11 terests, the acqusition of which is required by the public inter-
12 est and necessity for the uses and purposes set forth in Section I
13 hereof, is a portion of the property known as the Locke Ranch and
14 is situated in the County of Orange, State of California, and
15 more particularly described as follows, to wit:
16 That certain sanitary sewer (connecting to, the sanitary sewer,
servicing tracts within the Locke Ranch area) located within ease-
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ments granted to the Yorba Linda County Water District dated March
18 31, 1968, recorded in Book 6984 pages 530-531-532 and 534 and dated
19 June 28, 1961, recorded in Book 5768 pages 565-.566, as shown on
drawings prepared by Sidney L. Lowry R.C.E. # 6210 dated May 18, 196
20 entitled: "City of Placentia" "Plan and Profile" 11 Locke Ranch Sewer
21 Trunk" from Orangethorpe Ave. via Yorba. Linda Country Club and those
22 certain sanitary sewers located within the Locke Ranch as shown on
23 the following described drawings prepared by David M. Woods R.C.E.
# 12,979, entitled:
24 1. "Plan and Profile" " Locke Ranch Sewer Trunk" " From
25 Yorba Linda Country Club to Tract 5925" " City of Placentia"
"Department of Publia Works" dated 10/21/65.
26 2. "Plan and Profile for Street Improvements" in"Tract No. 5925"
27 in the County d' Orange Calif. Dated 8/17/65.
28 3. "Plan and Profile"for "Street Improvements" in"Tract No. 5927"
29 in the County of Orange Calif. dated 10/27/65.
4. "Plan and Profile"for"Street Improvements" per minute order
30 Oct. 12, 1965 in the County of Orange, Calif.
31 5. "Plan and Profile for "Street Improvements" in "Tract No. 6704'
in the City of Yorba Linda, Calif. dated 8/6/68.
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6. "Plan and Profile " for "Street Improvements" in
"Tract No. 5432" in the County of Orange, Calif. dated
3/18/64.
7. "Plan and Profile" for " Street Improvements" in " Tract
No. 5400" in the County of Orange Calif. dated 1/16/64.
and that certain sanitary sewer interconnecting Tract 5400 to
Orange County Sanitation District #2 (Atwood Sub.-trunk) described
as follows beginning at a manhole located approximately 376 feet
westerly of the southeasterly corner of said Tract 5400 and 16
feet southerly of the center line of Esperanza Road, thence
running northerly 490 feet more or less to a manhole located on
that certain private street known as "Fairgreen Lane" thence
easterly 341 feet more or less to a manhole in Fairmont Blvd.
located 468 feet more or less, northerly and 101feet westerly
of the southeasterly corner of said Tract 5400.
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1 together with the sanitary sewer pipeline and appurtenances there-
2 to, including manholes, measuring devices, and other structures
3 for the transportation and receipt of sewage and industrial
4 wastes located within said easement.
5 SECTION 3. That the Board of Directors of Yorba Linda
6 County Water District hereby declares its intention to acquire
7 the property described in Section 2 hereof by proceedings in
8 eminent domain. That Rutan & Tucker, general counsel for said
9 water district, be, and they are hereby ordered and directed to
10 bring an action in the Superior Court of the State of California,
11 in and for the County of Orange, in the name of the Yorba Linda
12 County Water District against all owners and claimants of the
13 above described properties for the purpose of condemning and
14 acquiring said properties for the public use of said Yorba Linda
15 County Water District and do all things necessary to prosecute
16 said action to its final determination in accordance with the
17 provisions of law applicable thereto. That said attorneys are
18 authorized and instructed to make application to said Court for
19 an order fixing the amount of security by the way of money de-
20 posits as said Court may direct and for an order permitting the
21 Yorba Linda County Water District to take possession and use of
22 said real property for the uses and purposes herein described.
23 SECTION 4. That the president or secretary of the Board
of Directors be, and they are hereby authorized and directed to
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25 Sign and verify any and all complaints, affidavits, or other
26 instruments necessary to maintain said action in condemnation.
27 The above and foregoing Resolution No. 171 was
regularly passed and adopted by the Board of Directors of Yorba
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Linda County Water District at a regular meeting of said Board
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held on the 1~ , day of December 196 8
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JEAN. MATHEWS, Secretary of the
32 Yorba Linda County Water District.
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1 STATE OF CALIFORNIA )
) ss:
2 COUNTY OF ORANGE )
3 I, JEAN E. MATHEWS, Secretary of the Board of Directors
4 of Yorba Linda County Water District, do hereby certify that
5 the above and foregoing Resolution No. was regularly
6 passed and adopted by the Board of Directors of Yorba Linda
7 County Water District at a regular meeting of said Board held
8 on the day of ~'t r{ = ti t°1 196 by the following
9 roll call vote, towit: ;
((1~2E~ c-E~-~°.
10 AYES:
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15 NOES: 16
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18 ABSENT:
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20 IN WITNESS WHEREOF, I have hereunto set my hand and
21 affixed the official seal of Yorba Linda County Water District,
22 this day of 196
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24
Jean F Mathews, Secretary of the
25 Yorba Linda County Water District.
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