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HomeMy WebLinkAbout1979-06-21 - Resolution No. 79-32RESOLUTION NO. 79-32 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 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 July 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 certain real property within the District generally described in attached exhibit for the construction, reconst- ruction, completion, operation, replacement, repair, maintenance and use by said Yorba Linda County Water District of certain public improve- ments, to wit: a water main for the transportation and the distribution of water by said District. b) The proposal to build water main. c) Ratification of a Notice of Exemption filed by the District Staff with respect to the proposed real property acquisition and project con- struction. d) Determination whether: (i) The public interst 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 pro- ject. -1- • • 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. § 1230.010, 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 re- spect 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. 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 21stday of June 1979, by the following roll call vote: AYES: Directors, Lindow, Clodt, Korn, Cromwell and Knauft. NOES: None Absent: None Abstain None ~`President A. k n Y ~ivga-( i J le of the Board of Directors Yorba Linda County Water District ATTEST: S /-j Pq N Secretary of the E A . r e, ws Baord of Directors Yorba Linda County Water District -2- I I . 74 O D O C F',Nl r ~yA N 4 1 3 YofzE>A e 4® C p wl E r w O ~ AdftL j STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) 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 adjourned regular meeting of said Board, duly held on the 21st day of June, 1979, and that it was so adopted by the following called vote: Ayes: Directors Lindow, Clodt, Korn, Cromwell and Knauft Noes: None Absent: None Abstain: none SEAL (Q'1' ~4 Se etary of the Board of Directors of the Yorba Linda County Water District