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HomeMy WebLinkAbout1979-03-22 - Resolution No. 79-11RESOLUTION NO. 79-11 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 AND AMENDING RESOLUTION NO.79-2 WHEREAS, the Yorba Linda County Water District adopted Resolution No. 79-7, after a noticed public hearing authorized condemnation and Resolution No. 79-8 approving an appraisal of the property to be acquired; and WHEREAS, the District staff and consultants have advised the Board of a possible need for additional real property not considered by Resolution No. 79-7; and WHEREAS, the Yorba Linda County Water District is a county water district duly formed and organized and existing purusant 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 condemn- ation and may hold, use and enjoy property 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 10:00 a.m. on April 12, 1979 in the Board Room of the Yorba Linda County Water District, 4622 Plumosa Drive, Yorba Linda, California to consider: (a) Amending Resolutions No. 79-7 and 79-8 to provide for acquisition of certain additional real property within the District generally described in Exhibits "A-1" and "K-1", attached hereto and by this reference incorporated herein, for the erection, construction, re- construction, completion, 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 easement for utility and ingress and egress purposes, in- cluding, but not by way of limitation, the right to improve, repair and maintain a right of way, with necessary slope and drainage ease- ments outside of such right of way, and also together with an easement for the purpose of and overflow, and drain line from the reservoir, -1- all for the purpose of storing, transporting and distributing water by said District. (b) Ratify that the negative declaration filed by the District staff with respect to the original proposed real property ac- quisition and project construction is not significantly changed by this resolution and will not have a significant environmental impact. (c) 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. § 1230.016, et sec . (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 cer- tified copy of this Resolution to each such person or persons at the address shown on said assessment roll. Adopted and approved this 22nd day of March, 1979 by the following called vote: Ayes: Directors Roy Knauft, Howard Lindow, Fred Clodt, Art Korn and Whit Cromwell Noes: none Absent: none Abstain: none n Presiden - Board of erectors Yorba Linda County Water District ATTEST: ~ G. Secretary - Board o Directors YoZa Linda County Water District - 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss I, Jean E. Mathews, Secretary of the Board of Directors of the Yorba Linda County Water District, do hereby certify that the foregoing resolution was duly adopted by the Board of Directors of said District at a regular meeting of said Board duly held on the 22nd day day of March, 1979 and that it was adopted by the following vote: Ayes: Directors: Roy Knauft, Howard Lindow, Fred Clodt, Art Korn and Whit Cromwell Noes: none Absent: none Abstain: none Secr ry of the Board of Directors Yorba Linda County Water District (SEAL) -3- 4• Parcel "A" 1 A fee simple estate in the land in the County of Orange, State of California, described as follows: A parcel of land located in Tentative Tract No. 9127 in the City of Yorba Linda, County of Orange, being a subdivision of a portion of the northwest one-quarter of Section 24, Township 3 South, Range 9 West, San Bernardino Base and Meridian, as shown on a map recorded in Book 97, Page 1, of Records of Surveys in the office of the County Recorder of said county more particularly described as follows: Beginning at the southeast corner of the northwest one-quarter of Section 24, Township 3 South, Range 9 West, as per map recorded in Book 69, Page 41, Records of Survey in said office of the County Recorder; thence, proceeding North 1003'04" East, along the easterly boundary of said northwest one-quarter section a distance of 1830.34 feet to a point on said boundary, said point being the TRUE POINT OF BEGINNING; thence, continuing northerly along said easterly boundary line of said northwest one-quarter section, North 1003'04" East, 410.38 feet to a point on said boundary; thence, leaving said easterly boundary line South 72o23'32" West, 361.90 feet, more or less, to a point on the north- easterly right-of-way boundary of a proposed street, said point being the southwest corner of proposed Tract Lot 45, said boundary also being the southwesterly boundary of proposed Tract Lot 45; thence, southeasterly along said proposed right-of-way line, South 44°00'00" East, 183.31 feet to a point on a tangent curve; said curve being concave southwesterly and having a radius of 299.00 feet; thence, southeasterly along said curve through a central angle of 36105'05; a distance of 188.31 feet to a nontangent point of said curve, a radial line to said curve bears North 82°05'05" East; thence, leaving said right-of-way line on a line parallel to and 80.00 feet northerly of the southerly boundary of proposed Lot 46, south 88°54'38" East, 129.06 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 1.88 acres, more or less. See Exhibit A-1. A-2 JMM - 2/20/79 Rev. 3/21/79 T ~ RG~ G GT T~ 2 ~ r,/ TEA 2°23~ 7-1 q Z7 ,0 i ,C 5 ~ x,10• rg6VM2 '7' or ,4- 0r o,° ~k or~- B pQ TKO, gXE ~a~PS"¢3 oeN Nw ~~C 24 No SGR~~ pUNT`~' W'Q~ ~,E~T c Parcel "K" - 1 A permanent easement for slope easement purposes in the County of Orange, State of California described as follows: A parcel of land being a portion of the northeast one-quarter of Section 24, Township 3 South, Range 9 West, San Bernardino Base and Meridian in the City of Yorba Linda, County of Orange, as shown on a parcel map recorded in Book 121, Pages 1 through 7, in the office of the County Recorder of said County more particularly described as follows: Beginning at the southwest corner of the northeast one-quarter of Section 24, Township 3 South, Range 9 West, San Bernardino Meridian, as per map recorded in Book 92, Page 12, Records of Survey in said office of the County Recorder; thence, along the westerly boundary of said northeast one-quarter section proceeding North 1°03'11" East, a distance of 2121.02 feet to a point on said boundary, said point also being the TRUE POINT OF BEGINNING; thence, continuing along said westerly boundary of aforementioned one-quarter section North 1°03'11" East, 119.91 feet more or less; thence, North 81021'11" East, 216.12 feet to a point, said point being on the southwesterly right-of-way boundary line of the proposed Cassia Lane, said point also being a non-tangent point of a curve, a radial line to said curve bears North 45042'10" East, said curve being concave northeasterly and being a radius of 270.00 feet; thence, southeasterly along said curve and southwesterly right-of-way line through a central anlge of 32027'31", a distance of 152.96 feet to a non-tangent point of said curve, a radial line to said curve bears North 13°14'39" East; thence, leaving said right-of-way line South 14150'09" West, 47.17 feet to a point on the proposed easterly boundary line of the De Los Reyes Reservoir property; thence, northerly along the easterly boundary line North 09°27'13" West, 18.23 feet to the northeasterly corner of the proposed De Los Reyes Reservoir property; thence, westerly along the northerly boundary line of the proposed reservoir property South 81°21'11" West, 335.98 feet to the TRUE POINT OF BEGINNING. See Exhibit K-1. The above described parcel of land contains 0.78 acres, more or less. A-13 JMM 2/26/79 0'C ~p 0 • v 2't 4 - 32°2703 ~ 00 Z/ ` pF ~~OPOSE~ ~ _ CA.S.9/A GAME • p /V E'GY C'O,QiVE.2 ° OE GOS ,PE YES 0 RE515R VO/IP /1/ fL Y BOC/it/O0W Y OF /'R QVOO SE,U T. f.'O. B. DE G 03 ~P,E YES ,PES,E~P {~O/.~ N ~ • t.• i` tit v ~ • r• ' y x'21 N W ~ t EG Y Bo~~u~w,eY N ~ ~ P~PG~.SEv OF L05 ~EYES• 1. RES~.eVO/I L Q j Iva ✓''G~4GE 0 0 ~ o ~ < ~ YDk'~q G/NGf4 COUNTY l~Yi9TSiP O/ST•P/cT PL`~MAN,E/1/J' ,EASEMENT Foe SCOr°E PU.l.~SE.S c oCAT.~O i,V OE GOS BEY 5W co eNE,e /VF REV/SEO." 3/Z/17y CIIWIW 41ZG17P ,eFXS//B/T A-- /