Loading...
HomeMy WebLinkAboutRes - 1989.177 - Release of Lien RESOLUTION 1989.177-A RESOLUTION OF. .THE BOARD OF. DIRECTORS..OF:THE EAST VALLEY-WATER DISTRICT. RELEASE OF LIEN FOR DELINQUENT WATER AND SEWER CHARGES RESOLVED, by the Board of Directors of the East Valley Water District as follows: WHEREAS, the indebtedness incurred by that. certain lien on property described as 24521 Court Street County of San Bernardino, State of California, owned by Don Evans, Obligor- , recorded as Instrument No.86-068948 on March 17, 1989' with the County Recorder of San Bernardino, has been satisfied. NOW THEREFORE BE IT HEREBY RESOLVED AND ORDERED, That the East Valley Water. District does hereby release the lien against said property and-the Treasurer is hereby authorized to execute a Release of Lien for Delinquent Water and Sewer Charges in the name of and on behalf of the said .District. The foregoing Resolution was duly adopted at a meeting of the Board of Directors of the East Valley Watpr.District by motion made, duly. seconded and carried unanimously on October 23, 1989. EAST VALLEY WATER DISTRICT gi-a) I.4?"--Z Philip j isch, President Board of Directors ATTEST : andra Shepherd 1144-1 Assistant Board Secretary AYES: DIRECTORS: Stoops , Lightfoot, Douglas, Schnarre, Disch NOES: None ABSENT: - None 089-0111-18 RESOLUTION NO. 1989.177 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 September 11, 1989, after written notice mailed on August 25, 1989 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 for the construction and use of facilities for the administration, maintenance, operation, improvement, expansion, repair and replacement of water and sewer facilities of whatever kind or nature owned and operated by the East Valley Water District and/or used in connection therewith. 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 San Bernardino, County of San Bernardino, State of California, to wit: That certain 50 foot strip of land in the East 1/2 of the Northwest 1/4 of Section 32 , Township 1 North, Range 3 West, San Bernardino Base and Meridian, consisting of 0.867 acres, more or less. -2- Q 4. Such real property of the said Railroad Company to be so taken includes all property of every kind and description, appurtenant to the the above describe 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; (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 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 -3- Q 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 procedings 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 has caused an initial environmental study to be conducted and has determined that there is no significant effect upon the environment due to the acquisition of the property. On September 11, 1989, the Board of Directors adopted a Negative Declaration regarding the proposed project, and directed the appropriate certificate to be filed. 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. -4- O 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 on October 23 , 1989 . Ayes: Directors Stoops , Lightfoot, Douglas , Schnarre,Disch Noes: None Absent: None ff--1-A- i CO CX(AV-A) President of the Board of Directors of the East Valley Water District ATTEST: Secretary to the Board of Directors -5-