HomeMy WebLinkAbout1964-03-30 - Resolution No. 107HLMc:bbb 3-24264
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RESOLUTION NO. _/O
RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA
LINDA COUNTY WATER DISTRICT APPROVING A RIGHT OF
WAY AGREEMENT AND GRANT OF EASEMENT FOR THE ACQUI-
SITION OF RIGHT OF WAY FROM SOPHIE YORBA RUSHTON,
ROWENA YORBA MEHEGAN, LEONCIO E. YORBA. AND HORATIO
R. YORBA, GRANTORS, AND APPROVING THE PAYMENT OF
FUNDS TO SAID GRANTORS FOR CONVEYANCE OF REQUIRED
RIGHT OF WAY
The Board of Directors of the Yorba Linda County Water
District does hereby find, determine, order and resolve as
follows:
WHEREAS, certain right of way must be acquired from
SOPHIE YORBA RUSHTON) ROWENA YORBA MEHEGAN, LEONCIO E. YORBA
and HORATIO R. YORBA, Grantors, for the construction of the sewer
transmission main, and
WHEREAS, an appraisal of the acquired right of way was
made by employees of the Land Acquisition Service, Inc. to
determine the fair market value of said right of way, and
WHEREAS, SOPHIE YORBA RUSHTON, ROWENA YORBA MEHEGAN,
LEONCIO E. YORBA and HORATIO R. YORBA, Grantors, have agreed
to convey the necessary right of way for an amount identical to
that indicated in the before mentioned appraisal of the fair market
value of said required right of way.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that Ralph
Shook, General Manager of the Yorba Linda County Water District,
be authorized to execute on behalf of said water district that
certain Right of Way Agreement marked and attached hereto as
"Exhibit A" and which is hereby incorporated by reference.
NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED that
Ralph Shook, General Manager of the Yorba Linda County Water
District, carry out the provisions on behalf of the Yorba
Linda County Water District which are incumbent on said water
district to perform under the terms of the Right of Way Agreement
hereby attached as "Exhibit A". Ralph Shook is further speci-
fically authorized to pay from the sums previously allocated
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for the acquisition of right of way the sum of $1,800.00 to
SOPHIE YORBA RUSHTON, ROWENA YORBA MEHEGAN, LEONCIO E. YORBA and
HORATIO R. YORBA, Grantors, as provided for in that certain Right
of Way Agreement attached as "Exhibit A" hereto.
NOW, THEREFORE, IT IS FURTHER RESOLVED AND ORDERED that
an Easement Deed from SOPHIE YORBA RUSHTON, ROWENA YORBA MEHEGAN,
LEONCIO E. YORBA and HORATIO R. YORBA, Grantors, in the form and
manner as set forth in "Exhibit B" hereto be accepted by the
district and recorded.
The above and foregoing Resolution No. / U 7 was
regularly passed and adopted by the Board of Directors of the
Yorba Linda County Water District at an adjourned meeting of
said Board held on the 30th day of March, 1964.
VALDO Y SMITH, Secretary of
the Board of Directors
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STATE OF CALIFORNIA. )
ss
COUNTY OF ORANGE )
•
I, VALDO Y. SMITH , 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
meeting of said Board duly held on the 30th day of March
196 4, and that it was so adopted by the following vote:
AYES: DIRECTORS - lti~c yr~rJ C'/ccff 11-2) f {a5(1R fS
NOES: DIRECTORS-
ABSENT: '
DIRECTORS m, 4170<
Secretary o-tie YORBA. LINDA COUNTY_
WATER DISTRICT and of t i2 Boas c, :Jl
Direc,Lors tiereof.
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LAS-408 Parcel No.4.
YORBA LINDA COUNTY
WATER DISTRICT LINE.
Imperial Highway to
Placentia-Yorba Road.
1964.
RIGHT OF WAY AGREEMENT
EASEMENT DEED, dated March 24, , 1964, covering
March 2.4
SOPHIE YORBA RUSHTON
ROV-1-ENA YORBA MEHEGAN
LEONCIO E. YORBA
HORATIO R. YORBA
Grantors
By EONCIO E. YORBA
T.Ze it Attorney in Fact
property designated on Yorba Linda County Water District records
as LAS-40$2 Parcel No.41 has been executed and delivered to the
Yorba Linda County Water District.
IN CONSIDERATION of which, and the other considerations here-
inafter set forth, it is mutually agreed as follows:
1. The parties have herein set,forth the whole of their agree-
ment. The performance of this agreement constitutes the entire con-
sideration for said document and shall relieve the Yorba Linda Co-.::--_-y
Water District of all further obligation or claims on this account,
or on account of the location or construction of the proposed sewer
transmission line.
2. The Yorba Linda County Water District Shall:
A. Pay to the order of the undersigned grantors the
of $1,800.00 for the property or interest therein as
conveyed by said document, within sixty (60) days ufrer
date title to said property or interest vests in
Yorba*Linda County Water District, free and clear of all
"EXHIBIT A"
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liens, encumbrances, assessments, easements and leases,
(recorded or unrecorded) and taxes, except:
(1) The right to take and receive water from the
Santa Ana River for irrigation or other purposes,
together with riparian rights appurtenant to the
herein-described land, as conveyed to Yorba
Irrigation Company be deed recorded February 17,
1914, in Book 250, page 66 of Deeds.
(2) The Effect of a Map filed in Book 53, page 44 of
Record of Surveys in the office of the County
Recorder of Orange County, California.
3. The undersigned grantors hereby agree and consent to the
dismissal of an action in eminent domain filed in Superior Court C,--.*
Orange County by the Yorba Linda County Water District entitle:- Yo_-ba
Linda County Water District vs. Harry B. Lowe, as Executor of the
Estate of Herminie Bayha Lowe, Deceased, et al., S.C.C. Nc.121707,
covering the herein described property and also waive any and all
claim to uny money that may be deposited in the Superior Court in
said action.
IN WITNESS WHEREOF, the parties have executed this agreement the day
and year First above written.
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&6p Me
ushton
Yorba
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Row
Yorba Mgegall
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Leoncio
E. Yorba';
APPROVED AS TO FORM:
RY :
'ECO111MENDED FOR APPROVAL:
BY :
Horatio R. orba
LEONCIO E. YORBA
Their Attorney i.i'n Fact
YORBA LINDA COUNTY ' ~:.TFR DISTIH
3Y :
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LAS-40$, Parcel No-4.
YORBA LINDA COUNTY
WATER DISTRICT LINE.
Imperial Highway to
Placentia-Yorba Road.
EASE 4EMT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby ack-
nowledged, SOPHIE YORBA RUSHTON$ ROWENA YORBA MEHEGAN, LEONCIO E.
YORBA and HORATIO R. YORBA, each as to an undivided one-quarter
interest, as their separate property, hereby grant and convey to
YORBA LINDA COUNTY WATER DISTRICT, a municipal corporation, a
perpetual easement and right of way to install, construct, recon-
struct, remove and replace, inspect, maintain, repair, improve and
relocate a sewer pipe line with incidental appurtenances and
connections in, on, and under said real property hereinafter
described, and to install, construct, reconstruct, inspect, mainza n,
repair, replace, improve and relocate lines parallel to said serer
line; and to construct manholes and service connection structures
appurtenant to said sewer line, which structures may extend abo-,
the surface of the ground; said easement shall lie in, under and
over that certain parcel of land in the County of Orange, State DI"
California, described as follows:
A strip of land 15.00 feet wide in that parcel of land
Labelled "Leoncio Yorba et al 1Q.313 Ac.Gr.11 on a Yap
filed in Book 53, page 44 of Records of Surveys, Records
of Crane County, in the Rancho Canon de Santa Ana, County
of Orange, State of California, said strip lyin 7.50 feet
on each side of the following described centerline:
Cc=encing at the Southeasterly terminus of that certain
course on said Record of Survey shown as North 690 201 3011
West 94.21 feet, said point being in the centerline of
Orchard Drive; thence along said centerline North 100 291
3011 East 445615 feet; thenca North 790 301 30t1 West 20.00
feet to the point of beginning, being a point in the
Westerly right of way line of Orchard Drive; thence North
"EXHIBIT B"
040 50t 1711 West 551067 feet; thence North 180 361 48"
East 45.82 feet to a point in the North boundary of
said parcel, said point being South 750 491 1411 .'Vest
9.15 feet from the Northeasterly terminus of that
certain course on said Record of Survey shown as i',orth
750 49t 1411 East 527.59 feet. The sides lines of said
15.00 foot wide strip shall be lengthened or shortened
to terminate at the Westerly right of way line of
Orchard Drive on the South and at the North boundary
of said parcel.
Together with the right to enter upon and to pass and repass
over and along said strip of land, and to deposit tools, implements
and other materials thereon, by said Yorba Linda County Water District,
its officers, agents and employees, and by persons under contract to
construct said sewer line, and their employees, whenever and wh,~rever
necessary for the purpose of laying, constructing, reconstructing,
renewing, inspecting, maintaining, repairing, enlarging, using and
operating said sewer line.
It is understood that the permanent easement and rights ;;f _1,
above described shall be acquired subject to the rights of the cr.:,~ sy
their successor and assigns, to use the surface of the land withyn
the boundary line of such easement and rights of way to the extent
compatible with the full and free exercisQ of said easement and
of way, provided, however, that: No buildings or structures 0-
kir_c shL!l be placed, erected or maintained thereon; a'~re c
alleys nor roadways shall be constructed upon, over or along
easement and rights of way to a grade less than 4 feet above t:
top of any pipe or pipes located within the lines of said easement
or rights of way; no fill shall be placed or maintained over the
surface of the ground as it shall exist within the lines of said
easement and rights of way upon the completion of the improvement
to be constructed therein greater than 10 feet in depth.
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IN WITNESS WHEREOF, this instrument has been executed this
24th day of M rch
1964.
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Sop ie YorbaVushton
Rowena Yorbehegan j
Leoncio E. Yorba
Horatio R,orba
BY -rs~,
eoncio E. Yorb-
Their Attornn Fac-c
3aPP OVED AS TO TITLE:
BY
R'-ghV of lay Agent
AP:'RJVED AS TO DESCRIPTION:
_
STATE OF CALIFORNIA
(
COUNTY OF Orange
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ss.
March 24
1964
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Or,
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befcrc me, the undersigned, a Notary Public in and for said
Leoncio
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County and State, personally appeared
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E. Yorba
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known 'to me to be the person........ whose name
subscribed to the within instrument and acknowledged to me
4 filar executed the same.
i WITNcSl- my hand and official seal.
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Notary Publicfn and for said County and State.
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On March 24, 1964, before me, the undersigned, a Notary
Public in and for said State, personally appeared Leonc io E. Yorba,
known to me to be the person whose name is subscribed to the within
instrument, as the Attorney in fact of Sophie Yorba Rushton, Rowena
Yorba Mehegan and Horatio R. Yorba and acknowledged to me that he
subscribed the names of Sophie Yorba Rushton, Rowena Yorba Mehegan
and Horatio R. Yorba thereto as principals and his own name as
Attorney in fact.
WITNESS my hand and official. seal.
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Notary
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