HomeMy WebLinkAbout1972-03-09 - Resolution No. 214RESOLUTION NO. 214
•
A RESOLUTION OF THE YORBA LINDA COUNTY
WATER DISTRICT AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA
AND DECLARING THE PUBLIC USE AND NECESSITY
THEREFOR
WHEREAS, YORBA LINDA COUNTY WATER DISTRICT, is a County Water
District duly formed and organized and exisiting pursuant to and
under the provisions of Division 12 of the Water Code of the State
of California, and
WHEREAS, Sections 31040 and 31041 of the Water Code of the
State of California provide that 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 Cali-
fornia provides that 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, erection, construction, reconstruction, comple-
tion, operation, replacement, repair, maintenance and use by said
Yorba Linda County Water District of certain public improvements,
to wit: a reservoir and related facilities together with an ease-
ment for utility and ingress and egress purposes, including, but
not by way of limitation, the right to improve, repair and maintain
a right of way, with necessary slope and drainage easements outside
of such right of way, and also together with an easement for the
purpose of an overflow and drain line from the reservoir, all for
the purpose of storing, transporting and distributing water by
said District.
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
in Exhibit "A" attached hereto and by this reference incorporated
herein.
Section 3. That the real property described in Exhibit "A"
attached hereto and previously incorporated herein consists of
Parcels 1, 2 and 3. Parcel 1 shall be acquired in fee simple absolute;
Parcel 2 shall be acquired as a permanent easement for utility and
ingress and egress purposes, including but not by way of limitation,
the right to improve, repair and maintain a 20.00 foot wide right
of way with necessary slope and drainage easements outside of such
right of way in, over, under, upon, along, through and across the
real property more particularly described in Exhibit "A"; Parcel 3
shall be acquired as a permanent 20.00 foot wide easement for the
purpose of an overflow and drain line from the reservoir more parti-
cularly described in Exhibit "A" attached hereto.
Section 4. That said public improvement is planned and located
in a manner which will be most compatible with the greatest public
good and the least private injury.
Section 5. That the Board of Directors of YORBA LINDA COUNTY
WATER DISTRICT hereby declares its intention to acquire the property
described in Exhibit "A" attached hereto and previously incorporated
lierein by proceedings in eminent domain. That the law firm of Rutan
& Tucker 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 YORBA LINDA COUNTY WATER DISTRICT
against all owners and claimants of the property described in Exhibit
"A" attached hereto and previously incorporated herein 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 neces-
sary 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
as said Court may direct and for an order permitting YORBA LINDA
COUNTY WATER DISTRICT to take possession and use of said real pro-
perty for the uses and purposes herein described.
Section 6. That the President and/or Secretary of the Board
of Directors of YORBA LINDA COUNTY WATER DISTRICT be and are hereby
authorized and directed to sign and verify any and all complaints,
affidavits or other instruments necessary to maintain said action
in condemnation, provided said signatures or verifications are re-
quired.
ADOPTED, SIGNED AND APPROVED this 9th day of March, 1972, by
the following roll call vote:
AYES: DIRECTORS: McGuire, Hastings, Clodt, Wagner and Knauft
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
f
rest a o t e o r of Directors
of Yorba Linda County Water District
ATTEST:
GG°r
4_~ Secr ~yy o t e Boa r of ire
tors`of Yorba Linda County Water
District
1
2.
1 PARCEL NO. 1 (In Fee Simple Absolute)
2 A portion of the land of Samuel Kraemer per book 75, page 49,
Record of Surveys, in the office of the County Recorder of Orange
3 County, California.
4 Beginninq at a Point, said Point of Beginning bearing North 00°
15' 09" West, a distance of 521.40 feet from the southerly right-
5 of-way line of an easement, 50.00 feet wide, to the Metropolitian
Water District of Southern California, Per R/S 75-49, and also be-
6 ing the northwesterly corner of Tract No. 6987 as recorded in
Book 261, Pages 37, 38 and 39 M.M.; thence, departing said Point
7 of Beginning North 00° 15' 09" West, 295.00 feet; thence, North
89° 44' 51" East, 500.00 feet; thence, South 00° 15' 09" East,
8 295.00 feet; thence, South 89° 44' 51" West', 500.00 feet to the
Point of Beginning. EXCEPTING all oil, gas, petroleum, asphaltum
9 and other hydrocarbon substances in and under said land without
any right of access on the surface or the upper 500 feet of the
10. subsurface measured vertically from the surface.
11 The above described parcel contains 3.39 acres.
12
13 PARCEL NO. 2 (A permanent Easement)
14 A 20.00 foot wide easement for utility and ingress and egress
15 purposes, including, but not by way of limitation, the right
to improve, repair and maintain a 20.00 foot wide right of way,
with necessary slope and drainage easements outside such right of
16
way in, over, under, upon, along, through and across the real
17 property more particularly described as follows:
Beginning at the aforementioned Point of Beginning; thence North
18 89° 44' 5" East, 20.00 feet; thence, South 00° 15' 09" East,
19 526.44 feet to the southerly right of way line of Metropolitan
i Water District of. Southern California, as shown on R/S 75-49;
?0 thence, North 76° 06' 28" West, 20.63 feet along said southerly
rig_',t of way line to a point, said point also being the north-
21 westerly corner of Tract No. 6987 as recorded in M.M., Book 261,
pages 37, 38 and 39; thence, North 00° 15' 09" West, 521.40 feet
22 to the Point of Beginning.
23
24 PARCEL NO. 3 (A permanent easement)
1
A 20.00 foot wide easement for the purpose of an overflow and
2511drain line from the reservoir lying 10.00 feet on each side of
2611 the line described more particularly as follows:
(Beginning at the aforementioned "Point of Beginning"; thence
l711North 89° 44' 51" East, 500.00 feet; thence, North 00° 15' 09"
!'West, 60.00 feet to a point, said point being in the easterly
IIlboundary of the above-described parcel and also being the True
EX111B1T A
0
Z
Point of
Beginning of this easement; thence, leaving said True
Point of
Beginning, North 89° 44' 51" East 195 feet more or
2
less to
its terminus in the low point of an existing natural
drainage
draw.
3
4
5
6
7
8
9
10.
11
I2
13
14
15
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18
19
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251
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STATE OF CALIFORNIA )
COUNTY OF ORANGE j ss
I, JEAN E. MATHEWS, Secretary of the Board of Directors of
Yorba Linda County Water District do hereby certify that
the above and foregoing Resolution No. 214 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 9th day of March, 1972, by the following
roll call vote, to wit:
AYES: Directors: McGuire, Hastings, Clodt, Wagner and Knauft
NOES: Directors: None
ABSENT: Directors: None
a JEAN E. MATHEWS
Secretary of the Board of Directors
« ~r
RESOLUTION NO. 214
A RESOLUTION OF THE YORBA LINDA COUNTY
WATER DISTRICT AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY
IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA
AND DECLARING THE PUBLIC USE AND NECESSITY
THEREFOR
WHEREAS, YORBA LINDA COUNTY WATER DISTRICT, is a County Water
District duly formed and organized and exisiting pursuant to and
under the provisions of Division 12 of the Water Code of the State
of California, and
WHEREAS, Sections 31040 and 31041 of the Water Code of the
State of California provide that 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 Cali-
fornia provides that 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, erection, construction, reconstruction, comple-
L"I tion, operation, replacement, repair, maintenance and use by said
Yorba Linda County Water District of certain public improvements,
to wit: a reservoir and related facilities together with an ease-
ment for utility and ingress and egress purposes, including, but
not by way of limitation, the right to improve, repair and maintain
a right of way, with necessary slope and drainage easements outside
of such right of way, and also together with an easement for the
purpose of an overflow and drain line from the reservoir, all for
the purpose of storing, transporting and distributing water by
said District.
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
in Exhibit "A" attached hereto and by this reference incorporated
herein.
Section 3. That the real property described in Exhibit "A"
attached hereto and previously incorporated herein consists of
Parcels 1, 2 and 3. Parcel 1 shall be acquired in fee simple absolute;
Parcel 2 shall be acquired as a permanent easement for utility and
ingress and egress purposes, including but not by way of limitation,
the right to improve, repair and maintain a 20.00 foot wide right
of way with necessary slope and drainage easements outside of such
right of way in, over, under, upon, along, through and across the
- real property more particularly described in Exhibit "A"; Parcel 3
shall be acquired as a permanent 20.00 foot wide easement for the
purpose of an overflow and drain line from the reservoir more parti-
cularly described in Exhibit "A" attached hereto.
N N
1
I I
L
~p
1
L.
Section 4. That said public improvement is planned and located
in a manner which will be most compatible with the greatest public
good and the least private injury.
Section 5. That the Board of Directors of YORBA LINDA COUNTY
WATER DISTRICT hereby declares its intention to acquire the property
described in Exhibit "A" attached hereto and previously incorporated
herein by proceedings in eminent domain. That the law firm of Rutan
& Tucker 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 YORBA LINDA COUNTY WATER DISTRICT
against all owners and claimants of the property described in Exhibit
"A" attached hereto and previously incorporated herein 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 neces-
sary 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
as said Court may direct and for an Order permitting YORBA LINDA
COUNTY WATER DISTRICT to take possession and use of said real pro-
perty for the uses and purposes herein described.
Section 6. That the President and/or Secretary of the Board
of Directors of YORBA LINDA COUNTY WATER DISTRICT be and are hereby
authorized and directed to sign and verify any and all complaints,
affidavits or other instruments necessary to maintain said action
in condemnation, provided said signatures or verifications are re-
quired.
ADOPTED, SIGNED AND APPROVED this 9th day of March, 1972, by
the following roll call vote:
AYES: DIRECTORS:. McGuire, Hastings, Clodt, Wagner and Knauft
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
/
P esiaent f t h6 oar - i ectors
of Yorba einda County Water District
ATTEST:
Secretary of the Board of Direc-
tors of Yorba Linda County Water
District
2.
R
y
w
1 PARCEL NO. 1 (In Fee Simple Absolute)
2i A portion of the land of Samuel Kraemer per book 75, Record of Surveys, in the office of the County Recordergof4Orange
County, California.
4 Beginning at a point, said Point of Beginning bearing North 000
15' 09" West, a distance of 521.40 feet from the southerly r ght
5; of-way line of an easement, 50.00 feet wide, to the Metropoliti
Water District of Southern California, Per R/S 75-49, and also be-
6..ing the northwesterly corner of Tract No. 6987 as recorded in
:Book 261, Pages 37, 38 and 39 M.M.;
7; of Beginning North 00° 151 09" Wc~- thence, departing said Point
West, 295.00 feet; thence, North
'89° 44' 51" East, 500.00 feet; thence, South 00° 15' 09" East,
8:295.00 feet; thence, South 89° 44' 51" West, 500.00 feet to the
Point of Beginning. EXCEPT114G all oil, gas, petroleum, asphaltum !
9 and other hydrocarbon substances in and under said land without
any right of access on the surface or the upper 500 feet of the
10. subsurface measured vertically from the surface.
111The above described parcel contains 3.39 acres.
12
13
°
-PARCEL NO. 2 (A permanent Easement)
i
14
.A 20.00 foot wide easement for utility and ingress and egr.css
purposes, including, but not by way of limitation, the right
7
15
;;to improve, repair and maintain a 20.00 foot wide right of way,
with necessary slope and drainage easements outside such right of
16
:way in, over, under, upon, along, through and across the real
;property more particularly described as follows:
17
~Begin.ning at the aforementioned Point of Beginning; thence North
18
44' 5" East, 20.00 feet; thence, South 00° 15' 09" East,
526.44 feet to the southerly right of way line of Metropolitan
19
Water District of. Southern California, as shown on PIS 75-49;
'thence, North 76° 06' 28" West, 20.63 feet along said southerly,
?0
of way line to a point, said point also being the north-
westerly corner of Tract No. 6987 as recorded in M.M., Book 261,
21
.pages 37, 38 and 39; thence, North 00° 15' 09" West, 521.40 feet
to the Point of Beginning.
22
23
!
PARCEL NO. 3 (A permanent easement)
2~
A 20.00 foot wide easement for the purpose of an overflow and
25
drain line from the reservoir lying 10.00 feet on each side of
the. line described more particularly as follo;,as:
26
I Beginning at the aforementioned "Point of Begi nning" ; thence
27
North 89° 44' 51" East, 500.00 feet; thence, North 00° 15' 09"
60.00 feet to a point, said point being in the easterly
West
28
,
~boundary of the above-described parcel and also being the True
EXHIBIT A
w
I PARCEL NO. 1 (In Fee Simple Absolute)
M
I
2 A portion of the land of Samuel Kraemer per book 75, page 49,
Record of Surveys, in the office of the County Recorder of Orange
3 County, California.
4 Beginning at a Point, said Point of Beginning bearing North 00°
15' 09" West, a distance of 521.40 feet from the southerly right-
s of-way line of an easement, 50.00 feet wide, to the Metropolitian
Water District of Southern California, Per R/S 75-49, and also be-
ing the northwesterly corner of Tract No. 6987 as recorded in
Book 261, Pages 37, 38 and 39 M.M.; thence, departing said Point
7 of Beginning North 00° 15' 09" West, 295.00 feet; thence, North
89° 44' 51" East, 500.00 feet; thence, South 00° 15' 09" East,
8 295.00 feet; thence, South 89° 44' 51" West', 500.00 feet to the
Point of Beginning. EXCEPTING all oil, gas, petroleum, asphaltum
9 and other hydrocarbon substances in and under said land without
any right of access on the surface or the upper 500 feet of the
10. subsurface measured vertically from the surface.
11 The above described parcel contains 3.39 acres.
12
13 PARCEL NO. 2 (A permanent Easement)
14 A 20.00 foot wide easement for utility and ingress and egress
15 purposes, including, but not by way of limitation, the right
to improve, repair and maintain a 20.00 foot wide right of way,
with necessary slope and drainage easements outside such right of
16
way in, over, under, upon, along, through and across the real
17 property more particularly described as follows:
!Beginning at the aforementioned Point of Beginning; thence North
18 89° 44' 5" East, 20.00 feet; thence, South 00° 15' 09" East,
526.44 feet to the southerly right of way line of Metropolitan
19 Water District of. Southern California, as shown on R/S 75-49;
thence, North 76° 06' 28" West, 20.63 feet along said southerly
20 rig'_,t of way line to a point, said point also being the north-
westerly corner of Tract No. 6987 as recorded in M.M., Book 261,
21 pages 37, 38 and 39; thence, North 00° 15' 09" West, 521.40 feet
to the Point of Beginning.
22
2 3'
24 PARCEL NO. 3 (A permanent easement)
A 20.00 foot wide easement for the purpose of an overflow and
2~i'drain line from the reservoir lying 10.00 feet on each side of
26 the line described more particularly as follo,;:s:
Beginning at the aforementioned "Point of Beginning"; thence
27lNorth 89° 44' 51" East, 500.00 feet; thence, North 00° 15' 09"
'West, 60.00 feet to a point, said point being in the easterly
2B boundary of the above-described parcel and also being the True
e
EXHIBIT A
C r
M
so
L
a
a. Point of Beginning of this easement; thence, leaving said True
Point of Beginning, North 89° 44' 51" East 195 feet more or
2 less to its terminus in the low point of an existing natural
drainage draw.
4
5
6
71 .
8
9 .
10.
11
12'
13
14
16
17
18
19'20
21'
22
23.
24'
I
25!j
I
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27
28
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STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I JEAN E. MATHEWS, Secretary of the Board of Directors of
Yorba Linda County Water District do hereby certify that
the above and foregoing Resolution No. 214 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 9th day of March, 1972, by the following roll
call vote, to wit:
AYES: Directors : McGuire, Hastings, Clodt, Wagner and Knauft,
NOES: Directors : None
ABSENT: Directors:None
JEAN E. MATH EWS
Secretary of the Board of Directors
go
YORBA LINDA COUNTY WATER DISTRICT
4622 PLUMOSA STREET AREA CODE 714 PHONE 628.7226
YORSA LINDA. CALIFORNIA 92686
MAILING ADDRESS
DRAWER F
LETTER OF TRANSMITTAL
CV Date: ~ 7° 7 L,
To: /4. d _
f~ Tract No: Our Job No:
Re:
Attn:
Gentlemen:
We are forwarding 0 By Mail [XBy Messenger
No. of Copies Description
This material is sent for: ❑ Checking and/or Approval Your files, copies
Remarks:
❑ Please sign, seal and notarize original and---copies and return to the
District with a payment of
-:Z /yL
"ir:uff! By
Yorba Linda County Water Ditrjcryfi PH C SHOOK
,
•
JAME5 B. TUCKER, SR
. (I BBB-1950)
MILFORD W. DAHL
MILFORD W. DAHL,JR.
NORMAN H. SMEDE GAARD
THOMAS P. BURKE
H.RO DGER HOWELL
J.NICHOLAS COUNTER UT
JAMES B.TUCKER
THEODORE I. WALLACE,JR.
GARVIN F. SHALL E NBERGER
WILLIAM C. DEANS
JAMES R.MO ORE
COLLEEN M.CLAIRE
HERBERT W. WALKER
RONALD P. ARRINGTON
ROBERT L.RI5 LEY
STUART T. WALDRIP
NICK E.YO C CA
C. RICHARD LEMON
FRIT2 R.STRADLING
RICHARD P. SIMS
HARRY J. KEATON
C. CRAIG CAR LSON
PAUL FREDERIC MARK
JOHN J. MURPHY
NOM ER L. McCORMICK,JR.
WILLIAM R. RAUTH M
EDMUND R. CASEY
M. STEPHEN COONTZ
HOWARD F. HARRISON
PRENTICE A. FISH
JAMES E.ERICKSON
ROBERT C. BRAUN
JOHN M.VINCENT
GERALD M. HALLIGAN
WILLIAM R.BIEL
DAVID E. ROSENBAUM
RICHARD A. CURNUTT
EDWARD D.SYBESMA,JR,
LEONARD A. HAMPEL
ALEC JEFFREY GLASSER
JOHN B. HURLBUT, JR.
MICHAEL W. IMMELL
OF COUNSEL
A.W. RUTAN
W. K. LINDSAY
EVERETT A. HART
0
RUTAN & TUCKER
ATTORNEYS AT LAW
THE BANK OF CALIFORNIA BUILDING
401 CIVIC CENTER DRIVE WEST
POST OFFICE BOX 1976
SANTA ANA,CALIFORNIA 92702
1714) 835-2200
April 20, 1972
Yorba Linda County Water District
4622 Plumosa Street
Drawer "F"
Yorba Linda, California
92686
Attn: Mr. Ralph C. Shook
General Manager
Gentlemen:
LOS ANGELES OFFICE
SUITE 1922
CITY NATIONAL BANK BUILDING
606 SOUTH OLIVE STREET
LOS ANGELES, CALIFORNIA 90014
TELEPHONE (213) 620-0482
LAGUNA HILLS OFFICE
23521 PASEO DE VALENCIA, SUITE 300
LAGUNA HILLS, CALIFORNIA 92653
TELEPHONE (714) 835-2200
ANAHEIM OFFICE
SUITE 812 BANK OF AMERICA BUILDING
300 SOUTH HARBOR BOULEVARD
ANAHEIM, CALIFORNIA 92805
TELEPHONE (714) 835-2200
IN REPLY PLEASE REFER TO
Enclosed herein find Resolution No. 214
for signature by the President and Secretary of
the Board of Directors of Yorba.-Linda County
Water District.
When this has been done, kindly forward
two certified copies to our office.
Thank you.
Very tr my yours,
RUTAN & TUCKER
H. Rodger Howell
HRH: es
Encl :
i 6 F,a
APR 21
"PDA LINDA
WATER Clz:i}?rrr