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Home My WebLink About1991-10-24 - Resolution No. 91-30 r RESOLUTION NO. 91-30 RESOLUTION OF THE BOARD OF DIRECTORS OF YORBA LINDA 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 Water District ("District" herein), a local public agency organized and operating pursuant to Division 12 of the California Water Code (Section 30,000 at sea;1, 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 exercise its powers; and WHEREAS, District is specifically authorized by virtue of one or more of the following Water Code Sections 31000, 31001, 31040, 31041, 31042, 31046, 31051, 31060, 31080, 31081 and 31100 to take any property or interest in property necessary to carry out the business of the District by Condemnation, such power to be exercised pursuant to the provisions of Section 1230.020 et seq. of the Code of Civil Procedure; 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 October 24, 1991, at which the matters set forth in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: (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. (d) Whether any offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. i ~ NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the Yorba Linda Water District hereby does resolve and find as follows: Section 1. That the Board of Directors, pursuant to one or more of the following Water Code Sections 31000, 31001, 31040, 31041, 31042, 31046, 31051, 31060, 31080, 31081 and 31100 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 business of the District of supplying water to persons within its jurisdiction by constructing a water pumping station, together 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 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, completion, operation and maintenance by said District, of certain public improvements, to wit: a water pumping station, together with related appurtenances and facilities thereto. Section 3. That the properties described herein are located within the District and are necessary for the proposed project, that the public interest and necessity require 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 a specific description of each parcel, is set forth in Exhibits"A" and "B" attached hereto and by this reference incorporated herein as though set forth at length. Any offer required by Section 7267.2 of the California Government Code has been made to the owner or owners of record. 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 McCormick, Kidman & Behrens and/or H. L. (Mike) McCormick, Attorney at Law, general counsel for the District is hereby directed to bring an 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 permitting the District to take immediate possession and use of said real properties for the uses and purposes herein described. a 6 Section 6. The law firm of McCormick, Kidman & Behrens and/or H. L. (Mike) McCormick, Attorney at Law, 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 this 24th day of October, 1991 by the following called vote: AYES:5-0 M. Roy Knauft, Jr., Arthur C. Korn, Paul Armstrong, NOES: 0 Sterling Fox and Carl Scanlin ABSENT: 0 ABSTAIN: o Presidents Yorba Linda Water District i R Yorba Linda Water District a 6 EXHIBIT "A" del: Via Lomas De Yoram Pumo Station FEE PARCEL All that real property located in the City of Yorba Linda, County of Orange, State of California, as more particularly described in Exhibit "1" to this deed and by this reference made a part hereof as though set forth at length. A plat showing the location of such property is attached hereto as Exhibit "2". Excepting and reserving unto YORBA LINDA WATER DISTRICT, a public agency, ("District" hereon) or its successors and assigns, all oil, gas, hydrocarbons, or other minerals; without, however, the right of surface entry for the development or extraction thereof within 500 feet, measured vertically, of the surface of the above-described property. EXHIBIT "1" That portion of Parcel 1 of Parcel Map No. 88-192 in the City of Yorba Linda, County of Orange, State of California per map recorded in book 237, pages 31 and 32 of parcel maps, records of said County described as follows: Beginning of the most Northerly corner of Parcel 1, thence South 34° 34' 14" East 65.00 feet along the Northeasterly lot line to the true Point of Beginning; thence South 3411 34' 14" East 42 feet, thence South 550 25' 46" West 45.95 feet, to a non-tangent curve concave Northeasterly having a radius of 2209.49 feet and to which a radial line bears north 47003'25" east, thence Northwesterly through a central angle of 2042'13" along said curve 104.26 feet to a non-tangent curve concave Southeasterly having a radius of 476.00 feet and to which a radial line bears north 411,32'03" west thence Northeasterly through a central angle of 40 40' 26" along said curve 38.83 feet, thence South 340 34' 14" East 34.60 feet; thence South 340 35' 17" East 22.00 feet; thence North 550 25' 46" East 20.00 feet to said Northeasterly Lot line; thence along said Northeasterly Lot line South 340 34' 14" East 8.00 feet to the true Point of Beginning. Said portion being 4,457.7 sq. ft. July 17, 1991 0 E N 554.73°• ? 1t ss'oo'po ¢ ~p40~ 1y5 ~p0 i.65 O x,41 ~b hti ei~fjp^ ~J a 9• Nh°~ 4Jr .O.tl. 40 .t llkljr PARCEL 92 ~s, Jrf°o. ass P.MBB~ ;3 j --J7. v~ gala r~. F., ~ 11 s. ~0. 0y t` h *y g r-r O~ Nw w~ (Q t~ 0 !JJ Q• 2C1gp' COMNIUNIC TN CO. 11 EASEMENT. TO P. C. pER 1300K 10470/687 0►R~ 20 o EXHIBIT prepared for pA VjtATCR Dl-.,%GT LAND PURCHASE Y YORDA UN SKETCH TO ACOMA Cn 1nQorn DESCRIPTION AgL Conou111n~ ' ~ LEGAL ONE JENNER ,TRECT SUiT1. 200 1 FILL NO. 1731.001 `J Sl•IOWN 714)727-'709 IRVINE CA. 92710 ,GAL( AS