HomeMy WebLinkAbout1979-04-26 - Resolution No. 79-34• • RESOLUTION NO. 79-34 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISRICT APPROVING PRELIMINARY APPRAISAL AND AUTHORIZING OFFERS OF PURCHASE BASED THEREON. WHEREAS, the Board of Directors of the Yorba Linda County Water District ("District" herein) has hereto- fore approved the Yorba Linda Boulevard line extension project; and WHEREAS, the District has previously retained a qualified real estate appraiser to determine the fair market value of the interests in real property necessary to be acquired to implement the Yorba Linda Boulevard line exten- sion project; and WHEREAS, the District's appraiser has completed preliminary analysis of the fair market value of the prop- erties necessary to be acquired and has submitted a pre- liminary opinion respecting the fair market value thereof, which is attached hereto as Exhibit "A" and by this refer- ence incorporated herein, and WHEREAS, the Board of Directors, by Resolution No. 79-33 has found and declared the necessity for acquisition of the parcels of real property shown in Exhibit "B"; and WHEREAS, Section 7267, 726.1 and 72.67.2 of the California Government Code require District to obtain an appraisal of the property sought to be acquired and attempt to acquire the same by negotiation following an offer based upon an approved appraisal of the fair market value of such property. NOW, THEREFORE, the Board of Directors of the Yorba Linda County Water District does hereby find and resolve as follows: Section 1. The preliminary appraisals of fair market value set forth opposite each of the parcels of real property sought to be acquired by the District as shown on Exhibit "A" are hereby found to be reasonable approximations of fair market value and hereby deemed to be the District's appraisal in accordance with Government Code Section 7267.2. -1- • • Section 2. The District General Manager, staff and consultants are hereby authorized and directed to offer the owners of real property listed in Exhibit "B" the amounts listed opposite each such parcel and are further authorized to negotiate with said owners and attempt to enter into agreements for purchase of any and all such parcels for the prices shown. Section 3. In the event that the District General Manager, staff and consultants are unable to negotiate purchase of any parcel or parcels shown in Exhibit "B" in accordance with Section 2 hereof after a good faith attempt so to do, condemnation proceedings may be instituted in accordance with Resolution No. 29-33. Passed and Adopted Linda County Water April 26, 1979. by the Board of Directors of the Yorba District at a regular meeting held on Preside of the card of Directors Yorba Linda County Water District ATTEST: -'r Ah Se,Votary o e Board o Directors Yorba Linda County Water District -2- 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 regular meeting of said Board, duly held on April 26, 1979, and that it was so adopted by the following called vote: Ayes: Directors Howard Lindow, Art Korn, Fred Clodt, Whit Cromwell and M. Roy Knauft, Jr. Noes: None Absent: None Abstain: None SEAL Jea E. Mathews, Secretary Board of Directors Yorba Linda County Water District i 4 ~l1 O ~ S 4L ~ J '~f _QI N01Nf7 N'i~s. 1 ~ 9dwo~iea ~d'1 pct O~~i'0c! . 0 ~ N Q N 7 ~ ~ ff O 2 i I. V 0 0 DEED OF EASEMENT Albert J. Ynrba and Idalia c/o Borchert Trustees of the Rancho P,S. Yorb4 Trust and Mark III Homes In,,, A California Corporation ownerlsl of the hereinafter described strip(s) of land in Orange County, California, for good and valuable consideration, receipt of which is hereby acknowledged, do hereby grant to Yorba Linda County Water District, a public corporation, and its successors, "KIYX perpetual easements In, on, over, and across said strip(s) of land 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, on and under said strip(sl of land, and to use said pipeline or pipelines, appurtenances and connections, for distribution and use of water for irrigation and domestic purposes and for the collection and transmission of waste water, storm water, and/or se wage, together with reasonable rights of entry to said strip(s) of land for the exercise of the rights herein granted. Grantors, for themselves and their successors In ownership of said striplsl of land, hereby acknowledge that use of any part or all of laid striplsl, or the adjoining lands, for fences, structures, trees, and other things now and hereafter on any part of said stripis) constituting an interference with the exercise of any of the easements and rights granted by this deed, exist and will continue to exist, by permission of the Yorba Linda County Water District, and Its successors, and not adversely to any of said easements, and each successor In interest of the granters, by acceptance of a conveyance of said stripis) of land, admits and agrees that any such use is a continuing permissive use. Said strip(sl of land Is (are) described as follows An easement 25.00 feet wide abutting and lying north of the following described line: Beginning at the northwest corner of Lot 31, Tract 10266 in the City of Yorba Linda as recorded in Book 434, Pages 44 thru 46, of Miscellaneous Maps, records of Orange County, California; thence S 890 03' 45" W to a point on the easterly line of Tract 10121 as recorded in Book 449, pages 21 through 28, of Miscellaneous Maps, Records of Orange County, California; said point being 50.00 feet southerly of the northeast corner of said Tract 10121, and the terminus of this described line, WITNESS Imy) (out) handle) the data following our signatures below: lit a corporation, the corporate seal shall be affixed near the signatures of the duly authorized officers) (ALL SIGNATURES SHALL BB NOTARIZED) Albert J. Yorba and Idalia c/o Borchert, Trustees of the Rancho P.S. Yorba Trust and Mark III Homes, Inc,. A California Corporation BY... Signature Date Signature Date BY - Signature Daft Signature Date CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed or Grant, dated. 14 from Yorba Linda County Water District, a public corporation and/or governmental agency is hereby accepted by order of the Board of Directors on. 19 and the grantee consents to recordation thereof by Its duly authorized officer. DATED BY__,_ GENERAL MANAGER FORM WB - 12.1 IM fo-aJ D. P. a S. M y EX~i13/ T 46 . /