No preview available
HomeMy WebLinkAbout1979-04-05 - Resolution No. 79-15a 46 RESOLUTION NO. 79-15 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 Water Code of the State of California, and WHEREAS, Sections 31040 and 31041 of the Water Code of the State of Calif- ornia provide that a county water district may take property by condemnation 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 publi c hearing will be conducted before the Board of Directors of the Yorba Linda County Water District at 9:30 a.m. on April 26, 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 interest in certain real property generally described in Exhibit "A" is to install, construct, reconstruct, remove and construct parallel lines, inspect, maintain, repair, replace, improve, relocate, and remove a pipeline or pipelines, with incidential appurtenances and connections, in, on and under said strip (s) of land, and to use said pipeline or pipelines, appurtenances and connections, for distribution and use of water for irrigation and domestic purposes together with reasonable rights of entry to said strip (s) of land for the exercise of the rights described here above and used by said Yorba Linda County Water District of certain public improvements, to wit: a water transmission main and appurtenances commonly known as the "Bryant Cross Feeder". -1- b) The proposal to build Phase I of the Bryant Cross Feeder being a water transmission main varying in size from 30 inches to 39 inches and having source capacity of 50 cubic feet per second all together with necessary appurtenances. c) Ratification of a negative declaration filed March 30, 1979 by the District staff with respect to the project as described in Section 1 a. of this Res- olution 79-15 and the proposed acquisition of interest in real property for the purpose of permanent and temporary rights of way. d) Determination whether: (i) The public interest and necessity require the pro- posed project; (ii) The proposed project is planned or located in the manner that will be most compatible with the great- est 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 of Civil Procedure, notice the hearing set in Section adopt a "Resolution of Nec in accordance with Article Eminent Domain Law (C.C.P. b) Any person or persons whose property is to be acquired and whose name and address appears on the last equalized assess- ment 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 persons files with the District Secretary not later than the time and date set for such hearing a written request to appear and be heard. 1245.235 of the California Code is hereby provided that, following 1 hereof, this Board intends to ~ssity" to acquire real property 2, Chapter 3 of the California ยง 1230.010, et seq.) -2- 0 0 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 day of Q-"1-1979 by the following roll call vote: Ayes: Directors 140WAK A 1. ~ivpdw . ifted e/mod T. ART Ko.e~~ WA *t GRoM&VeIf, M Roy T Sk Noes: Directors N o N e Absent: Directors IVOA1e Abstain: Directors /Vosve President of the Board of Directors Yorba Linda County Water District ATTEST: T aG"' Secret /yof the Board of Directors Yorba Linda County Water District -3- w 'su M 1 ,f pik MC~rv I/N 4 1 r ~ -TRAVIS YORBA r Al. 7ERov M V t-~ T~ v . 5 rr C J NGUEZI-,- wgo~