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HomeMy WebLinkAbout1978-10-26 - Resolution No. 78-54i t r • RESOLUTION NO. 78-54 RESOLUTION OF THE BOARD OF DIRECTORS OF YORBA LINDA COUNTY WATER DISTRICT PROPOSING AND MAKING APPLICATION FOR CONSIDERATION OF ANNEXATION 78-7 TO THE YORBA LINDA COUNTY WATER DISTRICT AND IMPROVEMENT DISTRICT NO. 1 WHEREAS, the Wittenberg Corporation has requested annex- ation to the Yorba Linda County Water District of certain real property located within the east Yorba Linda area and owned by the '.-Wittenberg Corporation; and WHEREAS, the Yorba Linda County Water District has previously annexed the properties surrounding the land owned by the Wittenberg Corporation and said District has created Improvement District No. 1 with respect to such previously annexed properties; and WHEREAS, general obligation bonds for the construction of water facilities to serve Improvement District No. 1 have been approved by the voters and a portion thereof have been issued; and WHEREAS, the Board of Directors of the Yorba Linda County Water District has previously declared its policy that all land in the east Yorba Linda area, except for the Bryant Ranch, should be included within the boundaries of the Yorba Linda County Water District and Improvement District No. 1; and WHEREAS, the land owned by the 'Wittenberg Corporation comprises approximately two-thirds of the territory which is presently an island within the Yorba Linda County Water District and Improvement District No. 1; NOW, THEREFORE, the Board of Directors of the Yorba Linda County Water District does hereby RESOLVE, DETERMINE and ORDER as follows: Section 1: Pursuant to Section 56195 and Division 1 of Title 6 of the California Govern- ment Code, the Board of Directors of the Yorba -1- • Linda County Water District hereby proposes and makes application to the Local Agency Formation Commission in and for the County of Orange for annexation of that certain real property located within the County of Orange and described in Exhibit "A", which property is hereinafter referred to as "Annexation 78-7 to the Yorba Linda County Water District". Section 2: The territory proposed to be annexed by Annexation 78-7 is uninhabited and is within the adopted sphere of influence of the Yorba Linda County Water District. The annexation is proposed in order to include within the boundaries of the Yorba Linda County Water District and its Improvement District No. 1 all of the territory which will benefit from water facilities constructed in, for and by Improvement District No. 1 and to provide tax equity among all of the owners of land within the territory benefited by said facilities. Section 3: Annexation 78-7 is proposed subject to the following terms and conditions: (a) The territory within Annexation 78-7 to the Yorba Linda County Water District shall be annexed without provision or liability for payment of taxes or expenses of the District incurred prior to the effective date of the annexation. (b) The territory within Annexation 78-7 to the Yorba Linda County Water District shall not be liable for the assessment, levy, collection or payment of property tax of the Yorba Linda County Water District except for those property taxes necessary to provide for payment of indebtedness 9PM specifically incurred to provide water service and facilities to said territory and also excepting those property taxes necessary to provide for payment of that portion of the District's general operation and maintenance expenses incurred to provide water service and facilities to said terri- tory. (c) The territory annexed to the Yorba Linda County Water District shall also be included within Improvement District No. 1 of the Yorba Linda County Water District and subject to privileges and obligations, including bonded indebtedness of such Improvement District No. 1. Section 4: If and when the 'Wittenberg Corporation makes a cash deposit with the District, in an amount determined by the general manager to be sufficient to cover the District's costs for processing and com- pleting the annexation, including without limitation the filing fees of the Local Agency Formation Commission and the State Board of Equalization, the secretary is authorized and directed to file a certified copy of this Resolution with the executive officer of the Local Agency Formation Commission for the County of Orange in accordance with Government Code Section 56196. PASSED AND ADOPTED at a regular meeting of the Board of Directors held on October 26 1978. DIRECTORS AYES: Knauft, Lindow, Korn, Clodt and Cromwell DIRECTORS NOES: None DIRECTORS ABSENT: None -3- President, Board of Directors, Yorba Linda County Water District ATTEST: Sec tart', Yorba Linda County Water District ANNEXATION 78-7 LEGAL DESCRIPTION Beginning at the westerly terminus of that certain course described as having a bearing of South 87054'37" east, and a distance of 787.19 feet in Annexation 78-1 to the Yorba Linda County Water District, per Resolution No. 78-20 of the board of directors of said District, said point being on the northerly boundary of Exception "C" to said annexation, and also on the westerly line of the Carrillo Ranch. Thence, following along said boundary of Exception "C" in a general easterly, southerly, westerly, northerly, and northwesterly direction to a point on the westerly line of said Carrillo Ranch; said point also being the northwesterly terminus of that certain course described as having a bearing of North 41019'19" West and a distance of 157.87 feet in said Exception "C". Thence northerly along said westerly line of the Carrillo Ranch, also being the westerly line of said Exception "C", to the point of beginning. The above described parcel contains 76 acres more or less.