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Home My WebLink AboutRes - 1991.176 - Authorizing an Action in Eminent Domain r_. /5 RESOLUTION NO. 1991 . 176 A RESOLUTION OF NECESSITY OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING AN ACTION IN EMINENT DOMAIN The Board of Directors of the East Valley Water District hereby finds and declares: A. The East Valley Water District ("DISTRICT") is a public agency of the State of California organized pursuant to Water Code Section 30, 000 et seq. and has been and is now engaged in discharging its powers and duties as provided by law. B. The DISTRICT, pursuant to the provisions of Section 31040 of the Water Code and Sections 1240. 010 through 1240. 050 of the Code of Civil Procedure, is vested with the power to take any 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. C. The real property described herein is necessary for the public use hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the Board of Directors of the EAST VALLEY WATER DISTRICT as follows: 1. That on December 23 , 1991, after written notice mailed on November 27, 1991 to the owners of the property described herein, as they appeared on the last equalized County Assessment Roll, the Board of Directors held a public hearing to allow the owners thereof a reasonable opportunity to appear and be heard on the following matters: -1- (a) whether the public interest or necessity requires the project; (b) whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; and (c) whether the property proposed to be acquired is necessary for the project. 2 . The public use for which the property hereinafter described is to be taken, is an easement for the construction, use, maintenance, operation, improvement, expansion, repair and replacement of water lines of whatever kind or nature owned and operated by the East Valley Water District. The DISTRICT is authorized to acquire the said property or interests therein for the purposes and uses described herein pursuant to the provisions of Section 31040 of the Water Code and Sections 1240. 010 through 1240.050 of the Code of Civil Procedure. 3. Such real property to be so taken for such public uses is the following described asset of the Atchison, Topeka and Santa Fe Railroad, located in a portion of the City of Highland, County of San Bernardino, State of California, to wit: That portion of the southeast one-quarter of Section 33, Township 1 North, Range 3 West, San Bernardino Meridian, lying within the 50 foot wide Atchison-Topeka and Santa Fe Railroad right-of-way as described in the document recorded in Book 4966, Page 85 of Official records of said county, lying 10. 00 feet each side of the following described centerline: Beginning at a point on the northerly line of Parcel 1 of Parcel Map No. 12821, as recorded in Book 143, Pages .17 and 18 of Parcel Maps (said northerly line being coincident with the southerly line of said railroad right-of-way) distant S 69°43 '50" E 146.85 feet from the -2- northwest corner of said Parcel 1;' thence N 14°57 '04" W 61.20 feet to a point in the southerly line of Tract No 11059, as recorded in Book 162, Pages 27 and 28 of Maps, Records of said County, which lies 131.10 feet southeasterly of the found California Department of Transportation Monument on the southwest corner of Lot 6 of said Tract No. 11059. The sidelines of said 20. 00 foot wide strip shall be adjusted so as to terminate in the northerly line of said Parcel Map No. 12821 and in the southerly line of said Tract No. 11059. As more particularly shown on Exhibit "A" attached hereto and made a part hereof. 4. Such real property of the said Railroad Company to be so taken includes all property of every kind and description, appurtenant to the above described property. 5. The Board of Directors of the DISTRICT finds and determines as follows: . (a) the public interest and necessity require the proposed project; (b) the project is planned or. located in a manner that will be most compatible with the greatest public good and the least private injury; (c) the property sought to be acquired is necessary for the project; and (d) the offer required by Section 7267..2 of the Government. Code. has been made to the owner or owners of record. . 6. In the event any of the hereinabove described property is already appropriated to an existing. public use, the DISTRICT hereby finds and determines that, pursuant to the Code of Civil Procedure t -3- Section 1240. 610, et seq. , the herein described public use or uses are compatible with any existing public use pursuant to Section 1240.510 et seq. 7. Any remnant involved in this acquisition, as determined by the DISTRICT's engineers, may be acquired pursuant to Code of Civil Procedure Section 1240.410 et seq. 8. The Secretary of the DISTRICT is hereby authorized to make such minor changes in the description of the property involved herein and in the pleadings to be filed herein as may be deemed necessary, upon advice of counsel, for the conduct of the condemnation proceeding or other proceedings necessary to acquire the above-described interests in the above-described property. 9. The appropriate officers and legal counsel for the DISTRICT are hereby authorized to institute such legal proceedings as are necessary in the Superior Court of the State of California, in and for the County of San Bernardino, or in any other court having jurisdiction thereof, as may be necessary for the acquisition of the above-described property by judicial process. Legal counsel is authorized to seek and to acquire orders for prejudgment possession for such of the properties as are deemed necessary and to make such deposits as security for possession in the court as the court may require, and counsel is further authorized to negotiate on behalf of the DISTRICT for the acquisition of such properties and interest therein. 10. The Board of Directors determined, .that this project is exempt from provisions of the California Environmental Quality Act pursuant to Section 2108.0. 21 .of the Public Resources Code, and on -4- . . r. December 17, 1991, will file a notice of exemption on the project. 11. The deposit or payment of monies out of proper funds of the DISTRICT for probable just compensation according to the provisions of law, for jury fees, reporter fees, other court costs, and for counsel fees, is hereby authorized. 12. The Board of Directors hereby finds and determines that the real property sought to be acquired is located entirely within the boundaries of the DISTRICT. APPROVED AND ADOPTED by the Board of Directors of the EAST VALLEY WATER DISTRICT by the following votes: Ayes: Directors Disch, Stoops , Douglas , Sturgeon, Lightfoot' Noes: None Absent: None. • r 104- Pres dent of the oard of Directors - of the East Valley Water District ATTEST: G�r�G 1u. Secretary to the oard of Directors -5- 1 ,_! w i . ".1 / •-----.--______________ ec LOT 5 w L4-'_ STRATFORD pi D . I o w --...} � TR. 11059 c. STREET M.B. 162, PG. 27-28 . o LOT 6 (3 u �' N C2� 1189,, • MONUMENT PIER C.S 6784 W E ' I ti0 + IW . o142 O . . . �1Z98, a, o z " N. LOT 7 - 0 ,4'T • fafao, 30' Iz 30' m . • OR S1� }0.4 3198'1 S 69.93� Ss AC 4�.d \ gob 61 • I Co 146ss, 8S 14 S . \+ . . y 10e 612009, f . . r • ,A 10� • 50' • P.O.B• N I- . `1 h POR. SEC. 33 T.1N., R.3W. 69�¢3�So, 1✓ s • W • o A N S.B.B.M. 4s02 IZ ,_) W d - PCL. I. • • PP P.A. NO. 12821 '? P.M.B. 143, PG. 17-18 II y i:o uNO SGR EXP.1?J311f1 V * No.5314 tCil �-it OF CPt0.1�� 6-17-Y/ ... • .. Wagner Pacific - • BASE LINE CNOIMCCRt S U R Y E Y 0 R S 111 r�• 201-B YORBA UNDA BLVD. PLACER flA 993 92670-3418 714 .