HomeMy WebLinkAbout1970-01-14 - Resolution No. 184RESOLUTION NO. 184
RESOLUTION AUTHORIZING AND Dlkr'. -.TNT THE CONDEMNATION
OF CERTAIN REAL PROPERTY INTEREST") 1ND DECLARING THE
PUBLIC NECESSITY THEREFOR ^ROVI r \T~, THE RIGHT OF WAY
CAN NOT BE ACI)UIRED BY NEGOTIAT-f0S.
WHEREAS, Yorba Linda County Water Distri".r, 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 Domain
proceedings, and
WHEREAS, Yorba Linda County Water District has heretofore entered
into an agreement with the City of Yorba Linda, which provides
that said Yorba Linda County Water District shall be the agent of
said City for the purpose of serving the area annexed by the City
with water and sewer services,
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 the Yorba Linda
County Water District has found and determined and does hereby
find and determine that the publicinterest 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: Water transmission line and
all facilities and appurtenances necessary or incidental thereto
for the transportation of water 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, in-
cluding areas within the City of Yorba Linda; and that certain
real property and easements and pipelines and appurtenances loc-
ated within said easements located in the County of Orange, State
of California, is necessary therefor.
SECTION 2. That the real property and real property in-
terest, the acqquisition of which is required by the public interest
and necessity for the uses and purposes set forth in Section 1
hereof, is a portion of the property known as the Kraemer Ranch
and is situated in the County of Orange, State of California, and
more particularly described as follows, to wit:
Parcel No. 1
A 15 foot wide utility easement and right of way for that portion
of land of Samuel Kraemer. Et Al in the Rancho Canon de Santa Ana,
as per map filed in Book 2 page 21 of records of surveys, in the
office of County Recorder, County of Orange, State of California.
The centerline of said easement being described as follows:
Beginning at the intersection of the centerline of Yorba Linda
Boulevard as described on Tract Map Number 6863, recordedin Book
257 Page 10 of official Records filed in the office of County
Recorder of said County with the easterly Boundary Line of that
property as described on Record of Survey R.S.T. 1718, recorded
in Book 62, Page 30 of official Records of said County; thence
South 1°20'5811 East, 55.84 feet along said Easterly Boundary Line
to the beginning of a nontangent curve, said curve being concave
southeasterly, having a radius of 1050.00 feet; thence Easterly,
along said nontangent curve said curve also being the Southerly
Right of Wa~ line of Yorba Linda Boulevard, through a central
angle of 00 2515411, 7.91 feet to the true point of beginning;
thence South 1°201581" East, 3,461.18 feet to the end of the
easement.
Parcel No. 2
A 15 foot wide utility easement and Right of Way for that portion
of land of Samuel Kraemer Et Al in the Rancho Canon de Santa Ana,
as per maps filed in Book 2, Page 21 and Book 11, Page 20 of
Records of Survey, in the office of County Recorder, County of
Orange, State of California. The centerline of said easement
being described as follows:
Beginning at the intersection of the centerline of Fairmont Boule-
vard with the Easterly boundry line of that portion of land as
described on Record of Survey R.S.T. 1718, Book 62, Pgges 30 and
31 of official Records of said County thence South 1 201581, Bast,
along said Easterly boundary line 56.x+6 feet; thence North 88 39'
0g" East, 7.50 feet to the True Point of Beg6nning; thence South
1 20158" East, 1007.68 feet; thence South 48 41102" East, 1161.80
feet; thence South 15 10'4311 East, 4.49 feet to the end of the
easement, said point being also the most northeasterly corner of
Tentative Tract Map Number 7136, dated November 1969.
SECTION 3. 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 and 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 theCounty 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 ac-
quiring said properties for the public use of said Yorba Linda
County Water District and do all things necessary to prosecute
said action to its final determination in accordance with the
provision 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
as said Court may direct and for an order permitting the Yorba
Linda County Water District to take possession and use of said
real property for the uses and purposes herein described.
SECTION 4. 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 in-
struments necessary to maintain said action in condemnation.
The above and foregoing Resolution No. 184 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 14th day
of January, 1970, by the following called vote:
Ayes: Clodt, Hastings, McGuire and Wagner
Noes: None
,Absent: Knauft 44
r tresident,
ATTEST: }
Secretary
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