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Home My WebLink About1983-07-08 - Resolution No. 83-07RESOLUTION NO. ~3- 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 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 out the business of the District; and WHEREAS, all persons whose names and addresses appear on the last equalized assessment roll for the properties de- scribed herein were given notice and an opportunity to be heard pursuant to Code of Civil Procedures Section 1245.235; and WHEREAS, a public hearing was held by District on July 8, 1983, at which the matters set forth in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: • 0 (a) Whether 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 is necessary to advance the busi- ness of the District of supplying water to persons within its jurisdiction by constructing a water storage reservoir, to- gether with related appurtenances and facilities thereto. Section 2. That the Board of Directors of the District does hereby find and determine that the public interest and -2- 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 project which consists of the construction, comple- tion, operation and maintenance by said District, of certain public improvements, to wit: A water storage reservoir to- gether with related appurtenances and facilities thereto. Section 3. That the properties described herein are located within the District and are necessary for the pro- posed project, that the public interest requires the pro- posed 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 incorproated 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 par- cel 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 is hereby directed to bring -3- • • action in the Superior Court of the State of California in the name of the District, to condemn by eminent domain pro- ceedings, 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 permitting the District to take immediate possession and use of said real properties for the uses and purposes herein described. Section 6. If any parcel of real property described herein being acquired is already appropriated to a public use and the District acquisition and construction and maintenance of its public facilities as described herein are a compatible use, the Board of Directors of the District does hereby find and determine that the public interest and necessity require the acquisition of such property for such compatible use purposes. The Board further finds and deter- mines that the District's proposed use will not unreasonably interfere with or impair the continuation of the public use as it now exists or may reasonably be expected to exist in the future. Such acquisition shall be made pursuant to the powers and provisions of Code of Civil Procedure Section 1240.510. Section 7. If any parcel of real property described herein is devoted to a public use and the use for which the property is to be taken herein is a more necessary public -4- 0 0 use than the use to which the property is now appropriated, the Board of Directors of the District does hereby find and determine that the public interest and necessity require the acquisition of such property. The Board further finds and determines that its proposed use is a more necessary use than the use to which the property is now appropriated. Such acquisition shall be made pursuant to the powers conferred by Code of Civil Procedure Section 1240.610. Section 8. 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 8th day of July, 1983. PRESUENT OF l OARD ATTEST: 4 ' l4a~ S Acreta of the Board of Directors of the Yorba Linda County Water District -5- • • STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, Aa;l /1 , 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 the 8th day of July, 1983, and that is was so adopted by the following vote: AYES: DIRECTORS: NOES: None DIRECTORS: ABSENT: None DIRECTORS: ABSTAIN: None DIRECTORS: Lindow, Clodt, Cromwell, Armstrong and Knauft &6cret; ~yy of the Board of Directors of Directors of Yorba Linda County Water District -6- PARCEL A Baldwin Zone 6 Reservoir Fee Property Description A parcel of land located within Section 18 Township 3 South, Range 8 West, in the County of Orange, State of California, more particularly described as follows: Commencing at the northeast corner, of the South one half of Lot 2 of Section 18 as shown on a Record of Survey, 80-1167, recorded in Book 103, Pages 37 through 42 of Records of Survey in County Recorders office, Orange County, California, said corner being the TRUE POINT OF BEGINNING; Thence, westerly along the northerly line of the South half of Lot 2 South 89052133" West, 250.00 feet; thence, North 140.00 feet; thence, East 305.00 feet, thence, North 200.00 feet; thence, East 476.50 feet; thence, South 305.00 feet; thence, West 441.50 feet; thence, South 2031158" West, parallel with the easterly line of said Lot 2, 400.00 feet; thence, North 87028,02" West, 88.39 feet, to said easterly line of Lot 2; thence, North 2031158" East, along said easterly line of Lot 2 361.60 feet to the TRUE POINT OF BEGINNING. Said parcel of land contains 5.08 acres, more or less. JMM 6/83 Revised 7/7/83 EXHIBIT "A" ?DO' L _pW - 0 ~ o • EAST 47(.50' ~o 00 o PA R C E L 0 0 0 fA ST 305, 00' SW52 33'W - - - - - - - - 250.00 ' N'[ Y L/NE S %2 10 T 2 A", SECT, I8 PER,6K /03, PGS, 37-42 RS. ti . PROPOSED STATE OF CAcif. PROPFR7Y PROPW D N'L Y .8041NOR Y TENT. r RA CT iYO /0 731 zoo, ~o o TRUE POINT OF BEGINNING Nf COR. SY2 ,LOT 2 s f CT, l8 o ~ h PROPOSED N'C Y 5041NORY TENT. rRACT NO, l0 73 / N 87°28'0?"W - 88.39' I f E'L Y uAl E LOT 2 SECT.18 PER 8K 103, PGS. 37-42 RS 0 „A YORBA L IND,4 COUNT r WATER D/ST. BAIDW/N 70Nf ( Rev. 7.2.63 RESERYO/R SITE wESr 44/, so' Page 2 -Exhibit "A"