HomeMy WebLinkAbout1979-04-26 - Resolution No. 79-33RESOLUTION NO. 79-33
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A RESOLUTION OF 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 necesary 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 prop-
erties 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 26, 1979, at which the matters set forth in Code of
Civil Procedure Section 1240.030 were disucssed, including
the following matters:
(a) Whether the public interest and necessity
require the project;
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(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, pur-
suant to Water Code Section 31040 and Code of Civil Pro-
cedure Sections 1240.010, 1240.110, 1240.120, 1240.125,
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 is
necessary to advance the business of the District of supply-
ing water to persons within its jurisdiction by construction
a water transmission line, together with related appurte-
nances and facilities thereto.
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 acquisi-
tion of the real properties herein described. The Board
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further finds that the public interest and necessity further
require the proposed project which consists of the construc-
tion, completion, operation and maintenance by said District,
of certain public improvements, to wit: A water transmis-
sion line, together with related appurtenances and facil-
ities thereto.
Section 3. That the properties described herein
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 least private injury. A description of the
general location and extent of the properties to be taken
with sufficient details for reasonable identification,
together with the specific description of each parcel,
are set forth in Exhibit "A" attached hereto and by this
reference incorporated herein as though set forth at length.
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".
Section 5. In the event negotiations for the
purchase of the properties described in Exhibit "A" 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
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proceedings, these properties. Said attorneys or any one of
them, are authorized to 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 per-
mitting 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 & Tucker is
hereby empowered to incur, in the name of the District, all
obligations and expenses incidental to the purposes of
bringing and litigating such action.
PASSED AND ADOPTED by the Board of Directors of
the Yorba Linda County Water District at a regular meeting
held on the 26th day of April, 1979.
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PWI N OF THE ORD
ATTEST:
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Sire ary of the Boar of
/rectors of the Yorba Linda
County Water District
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A permanent easement to install, construct, reconstruct,
remove and construct parallel lines, inspect, maintain,
repair, replace, improve, relocate, and remove a pipeline
or pipelines, with incidental appurtenances and connections,
in, over, and across the following described real property
situated in the City of Yorba Linda, County of Orange, State
of California, and described as follows:
A strip of land, 25 feet in width, abutting and lying
North of the following described line:
Beginning at the Northwest corner of Lot 31 of Tract
No. 10266, in the City of Yorba Linda, as shown on a
map tnereof recorded in book 434, pages 44 thru 46
inclusive of Miscellaneous Maps, records of Orange
County, California, and running thence South 89°
08' 45" West to'a point on the Easterly line of
Tract No. 10121, as shown on a map thereof recorded
in Book 449, pages 21 thru 28 inclusive, of Misc-
ellaneous Maps, records of Orange County, California,
distant thereon South 00° 56' 05" East 50 feet from
the Northeast corner of said Tract No. 10121."
Exhibit A