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HomeMy WebLinkAbout1979-04-12 - Resolution No. 79-19• M RESOLUTION 1 o. 79- 19 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTIES IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. WHEREAS,' the Yorba Linda County Water District ("District" herein) is authorized by virtue of the statutes of the State of California to take properties by condemnation and to hold, use and enjoy said properties as necessary to full exercise of its power; and WHEREAS, District is specifically authorized by virtue of Water Code Section 31040 to take by condemnation property necessary to carry on the business of the District; and WHEREAS, all persons whose names and addresses appear on the last equalized assessment roll for the properties described herein were given notice and an opportunity to be heard pursuant to_Code of Civil Procedure Section 1245.235; and WHEREAS, a public hearing was held by District on April 12, 1979, at which the matters set forth in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: (a) Vvhether the public interest and necessity require the project; (b) Whether the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) Whether the properties sought to be acquired (which are described herein) are necessary for the project. NOW, THEREFORE, the Board of Directors of the Yorba Linda County Water District hereby does resolve and find as follows: Section 1. That the Board of Directors,pursuant to Water Code Section 31040 and code of Civil Procedure Sections 1240.010, 1240.110, 1240.120, 1240.320, 1240.330, 1240.350, 1240.410, 1240.420, 1240.510 and 1240.610, is empowered to condemn any property necessary to carry out the business of the District. The Board finds that the acquisition of the herein described properties are necessary to advance the business of the District of supplying water to persons within its juris- diction by constructing a reinforced concrete reservoir, an inlet-outlet pipeline, and a pump station, all together with related appurtenances and facilities. Section 2. That the Board of Directors of the District does hereby find and determine that the public interest and necessity require for public use the acquisition of the real properties herein described. The Board further finds that the public interest and necessity further require the proposed -2- project which consists of the construction, completion, opera- tion and maintenance by said District, of certain public improvements, to wit: A reinforced concrete reservoir, an inlet-outlet pipeline, and a pump station, all together with related appurtenances and facilities. Section 3. That the properties described herein are located within the District and are necessary for the proposed project, that the public interest requires the proposed project and that the project is located in a manner most compatible with the greatest public good and the least private injury. A description of the general location and extent of the pro- perties to be taken with sufficient details for reasonable identification together with the specific description of each parcel are set forth in Exhibit"'A-1"attached hereto and by this reference incorporated herein. Section 4. That the interest(s) to be acquired in the real property is described in the description of each parcel set forth in Exhibit " A-111 Section 5, In the event negotiations for the purchase of the properties described in Exhibit"A-1" are unsuccessful, the law firm of Rutan & Tucker, Attorneys at Law, counsel for the District, is hereby directed to bring action in the Superior Court of the State of California in the name of the District, to condemn by eminent domain proceedings, these properties. Said attorneys or any one of them, are authorized and, upon instruction by the Board shall make an application to said court for an order fixing the amount of security by way of money deposits as said court may direct and for an order -3- permitting -the District to take immediate possession and use of said real properties for the uses and purposes herein described. Section 6. The law firm of Rutan and Tucker, Attorneys at Law, is hereby empowered to incur, in the name of the District, all obligat- itions and expenses incidental to the purposes of bringing and litigat- ing such action. PASSED AND ADOPTED by the Board of Directors of the Yorba Linda County Water District at a regular meeting held on the 12 day of April 1979. President of thelBoard ATTEST: Sec try of the Board -4- STATE OF CALIFORNIA ass COUNTY OF ORANGE I, Jean E. Mathews, Secretary of the Yorba Linda County Water District, do foregoing resolution was duly adopted said District at a regular meeting of April 12, 1979 and that it called vote: Board of Directors of the hereby certify that the by the Board of Directors of said Board, duly held on was so adopted by the following Ayes: Directors Howard Lindow, Art Korn, Whit Cromwell and M. Roy Knauft, Jr. Noes: None Absent: Director Fred Clodt Abstain: None SEAL Secre ary of Dire tors of County Water the Board of the Yorba Linda District -5- Parcel "A" 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 1°03'04" East, along the easterly boundary of said northwest one-quarter section a distance of 1830.34 feet to a point on said kxoundary, said point being the TRUE POINT OF BEGINNING; thence, continuing northerly along said easterly boundary line of said northwest one-quarter section, North 1°03'04" East, 410.38 feet to a point on said boundary; thence, leaving said easterly boundary line South 72°23'32" 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 36°05'05'; 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 88154'38" East, 129.06 feet to the TRUE POINT OF BEGINNING. EXCEPTING therefrom all oil, petroleum, asphaltum, gas, and other hydrocarbon substances in or under said land without any right of entry onto the surface thereof or the upper 500 feet measured at right angles to the surface of said land. 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 EXHIBIT A - 1 0 I-or 17 T'EN NO 9/g ,GoOr L Y BOc1rt~0.9~P Y OrG PiPOP05`EO -~TiQE~T' N 8~o°i0` 06--- 5G Y f1NG34~7' O~ 5 gee -6-4'.5 .5:~ GOrPiv~~ //fit/ SEC 2~ T C1 YO.P85,7 Z-11 fW COUNTY W,4Z?F~P O/5'T~P/c7 3~ 9~ /%V T,~5V TAT/YE• Ti~T NO. 1712 7 iP~ YisE-o . 3jZrfly 80UN0~~ ,5W-L Y Y n•36°o5`06' 2f9.00` Parcel 1, - 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 61°21'11" 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 45°42'10" 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 32°27'31", 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 14°50'09" 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 EXHIBIT A - 1 JMM 2/26/79 Revised 3/21/79 a a. I~a a Q of pR°~o ~ ~ 6,4 -6,0 Y CoR 03 vofic ~a n 9B 3 3 K I 0F ! pR 8 M rG ~OV E~ ,PEg GoCIN4WY .r~. ovr- N ~ R~.rj~'R YY> N o ~ f,~~c~~ TES 0 ~ YDR~ ~„/Nr.~ GO T Foy NF /4 Jy~M ~X~llB~T E • CEDRIC A. WHITE, JR., M.A.I. REAL ESTATE APPRAISER 2651 WOODLAND DRIVE • ANAHEIM, CALIFORNIA 92801 • (714) 527-0261 r April 10, 1979 Y YL x,979. Yorba Linda Water District i" c/o Mr. Art Kidman Rutan and Tucker P. 0. Box 1976 Santa Ana, California 92702 Re: Supplement to Reservoir Site Valuation of February 21, 1979 Dear Mr. Kidman: In accordance with the request of Richard Davalos, Project Man- ager, an additional study on the acquisition has been made. The Baldwin/Warmington revision is shown on a REVISED LOT LINES map obtained from Robert F. Seeman of Montgomery Engineers. Basically, in order to have Baldwin Lot "A" as a suitable lot in the after condition, its northerly line must be moved toward the north ±75'. In turn, Lot Y, lying northerly from it, must have its northerly line moved into Lot "Z". The S & S revision is shown on a March 21, 1979 legal description of Parcel A, along with a statement about area of 1.88 acres, more or less. (In the February 21 evaluation, this was 1.56 acres.) Computations are on the accompanying page. Please note that the Montgomery studies, and my computations, regarding Baldwin/Warming- ton,do not reflect any grading plan studies. If there are any questions, give me a call. Very truly yours, CAW:dh 0 • q4~ Whi, .A.I. Ce ric A SUMMARY OF CONCLUSIONS (To accompany letter of February 21, 1979) PARCEL A: 1.88 acre acquisition; comprises sloping land that is proposed as portions of Lots 173, & 174; buildable portions of proposed lots unaffected; allo- cate $5,000 for portion of Lot 174 and $7,500 for portion of Lot 173 $12,500 PARCEL B: 2.84 acre acquisition from sloping land that comprises portions of proposed Lots A, B, & C; taking will effectively remove proposed Lot B; remain- der of A will be 1.25 ac, and remainder of C will be 1.15 ac. Lot B will be lost at the value of $80,000. Lot C is reduced by $5,000. Land north of Lot A is reduced by $2,500 because of moving the northerly line of Lot A northerly into an arbitrarily designated Lot Y 87,500 PARCELS C THRU J: No change from 2/21/79. PARCEL K: A slope easement of 0.78 ac.; will overlap the southerly portion of Lot A. 5,000 u CEDRIC A. WHITE, JR., M.A.I. REAL ESTATE APPRAISER 2651 WOODLAND DRIVE • ANAHEIM, CALIFORNIA 92801 • (714) 527-0261 April 9, 1979 Yorba Linda Water District c/o Mr. Art Kidman Rutan and Tucker P.O. Box 1976 Santa Ana, California 92702 Re: Supplement to Reservoir Site Valuation of February 21, 1979 Dear Mr. Kidman: In accordance with the request of Richard Davalos, Project Man- ager, an additional study on the Baldwin/Warmington acquisition has been made. The revision is shown on of Montgomery Engineers. as a suitable lot in the must be moved toward the northerly from it, which must have its northerly a map obtained from Robert F. Seeman Basically, in order to have Lot "A" after condition, its northerly line north ±75'. In turn, the lot lying I have arbitrarily designated as "D", line moved into Lot "E". The revised lines noted above are shown on the map which Mr. Seeman has entitled, REVISED LOT LINES FOR LOT AREA REQUIREMENTS. The map also has a note on the lower left corner indicating that the constraint for lots was a matter of size, and "do not reflect any grading plan studies". Computations are on the accompanying page. If there are any questions, please don't hesitate to ask. Very truly yours, CAW:dh Cedric A. White, Jr., M.A.I. 9 0 SUMMARY OF COMPUTATIONS (To accompany letter of February 21, 1979, and values the acquisition of PARCEL B in the condemnation.) LOT E* D A B C AREA BEFORE ±1.30 ac. ±1.04 ac. ±1.80 ac. 1.20 ac. ±1.38 ac. $375,000 -287,500 Loss (or value of Pcl. B) $87,500 VALUE** BEFORE $85,000 80,000 80,000 80,000 50,000 $375,000 AREA AFTER 1.01 ac. 1.04 ac. 1.25 ac. None 1.15 ac. VALUE AFTER $82,500 80,000 80,000 0 45,000 $287,500 NOTES * Lot E is along north line of ownership. Lot D is just south of E, and just north of A. Value is contribution to the ownership made by these tentatively ok'd and substantially engineered lots. No consideration of costs for revamping tract map.