HomeMy WebLinkAbout1979-01-25 - Resolution No. 79-02RESOLUTION NO. 79 - 2
RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA
LINDA COUNTY WATER DISTRICT TO SET A HEARING DATE AND
GIVE NOTICE OF INTENT TO ACQUIRE CERTAIN REAL
PROPERTY IN THE CITY OF YORBA LINDA, COUNTY
OF ORANGE, STATE OF CALIFORNIA BY EMINENT DOMAIN
WHEREAS, YORBA LINDA COUNTY WATER DISTRICT is a county water
district duly formed and organized and existing 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 and may hold, use and enjoy pro-
perty within or without the district necessary to the full
exercise of its powers, and
WHEREAS, Title 7 of the Code of Civil Procedure of the State
of California provides that public agencies may acquire property
for public use through eminent domain proceedings.
NOW, THEREFORE, the Board of Directors of the Yorba Linda County
Water District does hereby resolve, determine and order as
follows:
Section 1 - A public hearing will be conducted before the
Board of Directors of the Yorba Linda County Water District
at 9:30 a.m. on February 22, 1979 in the Board Room of the Yorba
Linda County Water District, 4622 Plumosa Drive, Yorba Linda,
California, to consider:
a. The proposed acquisition of certain real property
within the District generally described in Exhibit "A" for the
erection, construction, reconstruction, completion, operation,
replacement, repair, maintenance and use by said Yo_rba Linda
County Water District of certain public improvements, to wit:
a reservoir and related facilities together with an easement
for utility and ingress and egress purposes, including, but
not by way of limitation, the right to improve, repair and main-
tain 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 reser-
voir, all for the purpose of storing,transporting and distributing
water by said District.
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b. The proposal to build (1) an 8 million gallon
reinforced concrete reservoir; (2) 1,800 foot long 30-inch
diameter inlet-outlet pipeline to the reservoir; and (3) a
pump station with a capacity of 1,700 gallons per minute, all
together with necessary appurtenances, and proposed multiple
purpose surface uses.
C. Ratification of a negative declaration proposed
to be filed by the District staff with respect to the proposed
real property acquisition and project construction.
d. Determination whether:
(i) The public interest and necessity require the
proposed project;
(ii) The proposed project is planned or located
in the manner that will be most compatible with the
greatest public good and the least private injury; and
(iii) The property to be acquired is necessary for
the proposed project.
Section 2
a. In accordance with Section 1245.235 of the
California Code of Civil Procedure, notice is hereby provided
that, following the hearing set in Section 1 hereof, this Board
intends to adopt a"Resolution of Necessity" to acquire real
property in accordance with Article 2, Chapter 3 of the
California Eminent Domain Law (C.C.P. 51230.010, et seq.).
b. Any person or persons whose property is to be
acquired and whose name and address appears on the last
equalized assessment roll of the County of Orange, California,
may appear and be heard with respect to the matters set forth
in Section 1 hereof provided that any such person or person
files with the District Secretary not later than the time and
date set for such hearing a written request to appear and
be heard.
Section 3 - The District Secretary shall provide written notice
of the hearing to each person or persons whose property is to
be acquired and whose name and address appears on the last
equalized assessment roll of the County of Orange, California,
by sending by first class mail a certified copy of this
Resolution to each such person or persons at the address shown
on said assessment roll.
ADOPTED, SIGNED AND APPROVED this 25 day of Januarv
1979, by the following roll call vote:
Ayes: Directors: Roy Kna.uft, Howard Lindow, Fred Clodt, Art Korn and
Noes: None Whit Cromwell
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Absent: None
Abstain: None
ATTEST:
PresideKV of the '/oar-of Directors
Yorba Linda County Water District
Secr ary of the Boar of Directors
Yorb Linda Countv Water District
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