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HomeMy WebLinkAbout1975-12-18 - Resolution No. 75-25RESOLUTION NO. 75-25 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT PROPOSING BOUNDARY CHANGE NO. 76-1 OF THE YORBA LINDA COUNTY WATER DISTRICT PURSUANT TO GOVERNMENT CODE SECTION 56195 WHEREAS, the territory described in Exhibits "A" and "B" (hereinafter referred to as "Included Parcel") and by this reference incorporated herein, is within the city limits of the City of Anaheim but is outside the boundaries of the Yorba Linda County Water District; and WHEREAS, the City of Anaheim and the Yorba Linda County Water District each have the power to provide water and sewer-services within their respective boundaries; and WHEREAS, Included Parcel is within Tract 8511 in the City of Anaheim which is, at the present time, undergoing development and subdivision; and WHEREAS, Tract 8511 in the City of Anaheim is located along the boundary line between the City of Anaheim's service area and the Yorba Linda County Water District and the existing boundary line fails to conform to the property lines established within said subdivision; and WHEREAS, the City of Anaheim and the Yorba Linda County Water District have entered into an agreement dated October 9, 1975, a copy of which is attached hereto as Exhibit "C", and by this reference incorporated herein, whereby each party has agreed to redefine the boundary line separating the City of Anaheim's service area from the Yorba Linda County Water District; and WHEREAS, said redefinition of the common boundary line will result in more logical service areas, easier tax admin- istration, and more efficient water and sewer service to future customers; and WHEREAS, Included Parcel is uninhabited, as defined in Government Code Section 56074; NOW, THEREFORE, the Board of Directors of the Yorba Linda County Water District does hereby resolve, find and determine as follows: SECTION 1. Pursuant to the District Reorganization Act of 1965, Division 1, Title 6, of the Government Code of the State of California, the Board of Directors of the Yorba Linda County Water District does hereby make applica- tion to the Local Agency Formation Commission of the County of Orange for approval of Boundary Change No. 76-1 of the Yorba Linda County Water District. -1- 0 0 SECTION 2. Boundary Change No. 76-1 will result in the annexation of Included Parcel, containing .99 acres to the Yorba Linda County Water District. SECTION 3. The territory to be annexed by Boundary Change No. 76-1 is uninhabited. SECTION 4. The Board of Directors of the Yorba Linda County Water District finds that by reason of the subdivision of Tract No. 8511 in the City of Anaheim the District boundary fails to conform to established property lines and Boundary Change No. 76-1 is proposed to correct this deficiency. SECTION 5. The Board of Directors of the Yorba Linda County Water District does hereby request that proceedings be taken for said boundary change as provided for in the District Reorganization Act, and further requests that the Local Agency Formation Commission approve the proposal for boundary change without notice and hearing in accordance with Government Code Section 56260 and authorize the Board of Directors of said Yorba Linda County Water District to order said boundary change without notice and hearing and without an election as permitted by Government Code Sections 56350 and 56351. SECTION 6. The Board of Directors of the Yorba Linda County Water District requests that the Local Agency Formation Commission approve this application, denominate the proposal "Boundary Change No. 76-1 to the Yorba Linda County Water District", and designate the Yorba Linda County Water District as the conducting district. SECTION 7. The Secretary of the Yorba Linda County Water District is hereby authorized and directed to file a certified copy of this resolution with the Executive Officer of the Local Agency Formation Commission of Orange County. PASSED AND ADOPTED by the Board of Directors of the Yorba Linda County Water District at an adjourned meeting held on December 18, 1975, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINING: DIRECTORS Wagner, Clodt, Knauft, Lindow and Korn DIRECTORS NONE DIRECTORS NONE DIRECTORS None President of the Board of Directors of Yorba Linda County Water District (SEAL) ATTEST: Sectary of the Board of Directors of orba Linda County Water District -2- STATE OF CALIFORNIA COUNTY OF ORANGE ss. e-orba Secretary of the Board of Direc s o~inda County Water District, do hereby certify tat the above and foregoing is a full, true and correct copy of Resolution No. TS - S and that the same has not been amended or repealed. DATED: , 1975. SecretzC Y of the Board of Directors of Yo a Linda County Water District [SEAL] Boundary Change 76-1 Resolution No.75-25 Description That portion of lst Class Land alloted to P. Yorba in Decree of Partition of the Rancho Canon de Santa Ana, rendered February 3, 1874 in Case No. 1978 of the District Court of the 17th Judicial District of California, described as follows: Beginning at the Southeast corner of M. Yorba Allotment shown as Station # 8 as recorded in Book 8 page 7 Record of Surveys County of Orange also described in the legal description of the Yorba Linda County Water District boundaries upon its formation; thence North 89058116" West along the common Southerly line of said M. Yorba and the Yorba Linda County Water District boundaries 889.65 feet to the true point of beginning; thence South 18009128" East 20.29 feet; thence South 20026'29" West 169.07 feet; thence North 51046'31" West 23.00 feet to a tangent curve concave South- westerly and having a radius of 168.00 feet; thence Northwesterly 656 17 feet along the arc of said curve through a central angle of 2213'34" to a tangent line; thence North 74 00'05" West along said tangent line 2.01 feet to a tangent curve concave Northeasterly and having a radius of 25.00 feet; thence Northwesterly 6.48 feet along the arc of said curve through a central anglS of 14051146" to a point, a radial line to said point bears South 30 51' 41" West, said point also the beginning of a non tangent curve,concave Westerly and having a radius of 102.00 feet, a radial line to the beginning of the last mentioned curve bears South 84038'36" East; thence Northerly 47.35 feet along the arc of said curve through a central angle 26035'45" to a tangent line; thence North 21014121" West along last mentioned tangent line 19.21 feet; thence South 76056'40" West 221.43 feet to a point•on a non tangent curve, concave Northeasterly and having a radius of 867.88 feet, a radial line to the last mentioned point bears South 5703931" West; thence Northerly 121.49 feet along the arc of said curve through a central angle of 8001115" to a tangent line; thence North 24019114" West along last mentioned tangent line 10.79 feet to said common Southerly line; thence South 89058'16" East along said common Southerly line 427.51 feet to the true point of beginning. The above described parcel contains 0.988 acres. EXHIBIT "A" L.J r aen r"b ~Y~ -.aHF GU.u y~°• i.. r.. h Y t' N U. 4 O a -v m { p fl < < O~ r n n l: r O z ~ rn vj { 1> o~ Z n O Ln r r 73 u So _ J\ t~ rte-- r \ ~ to V' V ~ V- 5 0` \ v ~g c A Iano) V 13'3933 j G J✓i. C P+a\r~~ 8 i p J k ~ E N ti r t~~~` Sy•w tD t9 Dq t~,t 1 v s ~ t-, n. :v TG \!t 0 t ...Fb 00 :•s a 0, 0 O --1 o T ~ O A 7 < D X 2 i QO r9r a <Do ~ Qi O z 5 c O ' ` ~ m s D i ~ I o~ Z D V c m U ( n Z ! O` T C U ! ^ \I M r 1 y S n o z a u 3 ~ t ~ O O V r 7 L p p P \ ~ ti S \ UPC9'Il'tl SY /y7 a -I- w c L TO BOUNDARY ('!1?,1?~'T? 7G-2 / A 0 R E E M E N T 1 THIS AGREEMENT is made and entered into this day 2 orb f n f'.? , 19750 by and between the 3 CITY OF ANAHEIM, a municipal corporation, hereinafter referr=ed to as "CITY", 4 A 5 11 D 6 7 YORBA L121DA COUNTY WATER DISTRICT, a public agency of the State of California, 8 hereinafter referred to as "DISTRICT". 9 WITNESS ETIf: 10 V9iFRFAS, CITY and DISTRICT have the power to provide 11 water and sewer services within their respective boundaries; and 12 WHEREAS, due to the development of property in Tract 8511 13 in the City of Anaheim along the boundary line between CITY and 14 DISTRIC.9S service areanD the existing boundary line will not 15 conform to new :subdivision property lines; and 16 I'IiEREAS, CITY and DISTRICT have previously entered 17 Into an Agreement dated November 30, 1965s the terms of which, 18 among other th{nEs, provide for the parties to cooperate with each 19 other in an effort to eliminate duplication of water and sanitary 20 aewer service and cost to residents, tax) viers and users within 21 the boundaries of both CITY and DISTRICT, and to seek actively 22 to prevent the creation of such duplications in the future; and 23 1,T-ERFAS, said Agreement further provides that the pantie 24 cooperate with each other to provide backup erierFency ties on 25 reasonable terns and conditions; and 26 WHERE AS, CI'T'Y will have certain future customers in said 27 Tract 8511 in the City of Anaheim which could be provided better 28 and more efficient service by DISTRICT, and DISTRICT will have 29 certain future customers within its service area of said Tract 30 which could be better and more efficiently served by CITY; and 31 WHEREAS, Sections 56350 through 56353 of the California 32 Government Code provides for minor boundary changes under certain conditions; and -1- EXHIBIT "C" r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 0 WHEREAS, it is the desire of the Parties hereto to 11exchange service areas of near-equal size in order that they may 11more efficiently provide service to certain future customers. ?:OW, THEREFORE, FOR AND IN CONSIDERATION OF THE. MUTUAL PROMISES, COVENANTS, AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE. AS FOLLOWS: 1. That the common boundary line separating the City of Anaheints Water Utility service area and the service area of the Yorba Linda County Water District as shown on Exhibits "A" and "P." be redefined in accordance with Exhibit "A" and "B" attached hereto and made a part hereof. 2. CITY and DISTRICT shall cause developers in Tract 8511 in the City of Anaheim interties between the mater DISTRICT in the vicinity of mentioned above in Paragrapl provisions of the Agreement entered into by and between to construct emergency systems of CITY and the proposed boundary i 1 pursuant to the of Dover+ber 30, 1965, CITY and DISTRICT. 3. The parties herein agree to cause this Agreement to be recorded in the Orange County Recorder's Office when fully executed. 4. The parties hereto agree to pay the costs of filing Fees in connection with processing this Agreement on the basis that CITY shall pay 50% and DISTRICT shall pay 50% of said fees. IN WITNESS WHEREOF, this At!:reement is executed by the parties hereto on the day and year first hereinabove written. CITY OF ANAHEIM0 a municipal YORDA LINDA COUNTY WATER DISTRICT corporata public agency of the State of ~ California y By Attest: City Clerk By P e ~ f /i r-y ROFtJh "CITY" -2- "DISTRICT"