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HomeMy WebLinkAbout1974-04-11 - Resolution No. 74-07r RESOLUTION NO. 74-7 r RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT AUTHORIZING AND DIRECTING THE CONDEMNA- TION OF CERTAIN REAL PROPERTY INTERESTS AND DECLARING THE PUBLIC NECESSITY THEREFOR PROVIDING THE RIGHT OF WAY CAN NOT BE ACQUIRED BY NEGOTIATION. WHEREAS, the 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. WHEREAS, Sections 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 provide 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 the 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, construction, completion, operation and maintenance by said YORBA LINDA COUNTY WATER DISTRICT of certain public improvements, to wit: a permanent right of way easement for sewer purposes and a temporary construction easement and that certain real property situated in the County of Orange, State of California is necessary therefor. 0 0 r Section 2. That the real property, the acquisition of which is required for 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 as follows: Parcel lA (Permanent Easement) The easterly 20 feet of the south half of Lot 5, Block 29, of the Yorba Linda Tract, in the City of Yorba Linda, County of Orange, State of California, as shown on a map filed in Book 5, pages 17 and 18 of miscellaneous maps, records of said county. Parcel 1B (Temporary Construction Easement) A 30 foot wide temporary construction easement lying westerly and adjacent to the permanent easement, described in Parcel lA above. The use and occupancy of the construction easement as described above shall terminate thirty (30) days after acceptance of the sewer facilities by the Yorba Linda County Water District. Section 3. 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 4. That the Board of Directors of YORBA LINDA COUNTY WATER DISTRICT hereby declares its intention to acquire the property described in Section 2 above 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 the YORBA LINDA COUNTY WATER DISTRICT against all owners and claimants of the property described in Section 2 above for the purpose of condemning and acquiring said property for the public use of said YORBA LINDA COUNTY WATER DISTRICT and to do all things necessary to prosecute said action to its final determination in 2. 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 property for the uses and purposes herein described. Section 5. That the President or Secretary of the Board of Directors of the YORBA LINDA COUNTY WATER DISTRICT be and is hereby authorized and directed to sign and verify any and all complaints, affidavits or other instruments necessary to maintain said action in condemnation. ADOPTED, SIGNED AND APPROVED this 11th day of April. 1974, by the following roll call vote: AYES: DIRECTORS: Hastings, Clodt, Lindow and Wagner NOES: DIRECTORS: None ABSENT: DIRECTORS: Knauft '-~7A -XA't4 ~v 17~ President of the Board of Directors of Yorba Linda County Water District ATTEST: Secrgtary`of the Board of Directors of ~Y6rba Linda County Water District (SEAL) 3.