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HomeMy WebLinkAbout1964-08-12 - Resolution No. 1160% • i 5-25--64 HLMc :bbb RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA. LINDA. COUNTY WATER DISTRICT APPROVING A. RIGHT OF WAY AGREEMENT AND GRANT OF EASE- MENT FOR THE ACQUISITION OF RIGHT OF WAY FROM VIRGIL G. MORF AND LEITA MORF, 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 VIRGIL G. MORF AND LEITA MORF, 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, VIRGIL G. MORF and LEITA MORF, 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 for the acquisition of right of way the sum of $1,497.00 to VIRGIL G. MORF and LEITA MORF, Grantors, as provided for in that certain Right of Way Agreement attached as "Exhibit A" hereto. -1- NOW, THEREFORE, IT IS FURTHER RESOLVED AND ORDERED that an Easement Deed from VIRGIL G. MORF and LEITA MORF, 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. was regularly passed and adopted by the Board of Directors of the Yorba Linda County Water District at a regular meeting of said Board held on the day of 2u1K_5 ~ 1964. P'ecretaryv of the Board of Directors -2- 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 _Zl~ - day of u 1964, and that it was so adopted by the following vote: AYES: //Ii/rlloel ~fl `~lu-+~ c~ /b~rt~ys~ ClofJ ~.Uagllef~ ° n @ J NOES: ABSENT: /1010 Secretary the Yor a Linda County Water District and of the Board of Directors thereof i.. LAS-435 Parcel Aoe2. SEWER EASEMENT FOR TRACT N0.5177. VIRGIL G. MORF LEITA MOgF Grantors , 1964• RIGHT OF WAY AGREEMENT EASEMENT DEED and TEMPORARY EASEMENT DEED, dated 1964, designated on Yorba Linda County Water District records as LAS-435, Parcel No.2, has been executed and delivered to the Yorba Linda County Water District. IN CONSIDERATION of which, and the other considerations herein- after set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the Yorba Linda County Water District of all further obligation or claims on this account, or on account of the location or construction of the proposed sewer line. 2. The Yorba Linda County Water District shall: A. Pay to the order of the undersigned grantors the sum of $1,497.00 for the property or interest therein as conveyed by said documents, within sixty (60) days after date title to said property or interest vests in the Yorba Linda County Water District, free and clear of all liens, encumbrances, assessments, easements and leases (recorded or unrecorded) and taxes, except: "EXHIBIT A" y le General and special County and City taxes for the fist.~1 year 1964-1965, a lien not yet payable. 2. The right of way for irrigation or drainage ditches as rc:served in deed recorded March 30, 19121 in Book: 210, page 225 of Deeds. Be Replace as soon as possible the now existing concrete slab and the two clothes line poles, at no cost or expense to the undersigned owners. 3. It is understood and agreed that after the completion of the initial installation of the proposed sewer line, any damage done by the Yorba Linda County Water District, or its authorized agents, to any plants, trees, shrubs, or improvements permitted in the easement area by said easement deed, will be replaced in kind or compensation for such damage will be paid to the undersigned owners, or their successors or assigns. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. APPROVED AS TO FORM; BY : RECOMMENDED FOR APP VAL: BY : / ( v u YORBA LINDA COUNTY WATER DISTRICT BY: ` l'r, "EXHIBIT A" • LAS-435 PARCEL NO, 2 SEWER EASEMENT FOR TRACT NO. 5177 0 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VIRGIL G. MORF and LEITA MORF, husband and wife, hereby grant and convey to YORBA LINDA COUNTY WATER DISTRICT, a perpetual easement and right of way to install, construct, reconstruct, remove and replace, inspect, maintain, repair, improve and relocate a sewer line with incidental appurtenances and connections in, on, and under said real property hereinafter described, and to install, construct, reconstruct, inspect, maintain, repair, replace, improve and relocate lines parallel to said sewer line, and to construct service connection structures appurtenant to said sewer line. Said easement shall lie in and under that certain parcel of land in the County of Orange, State of California, described as follows: The southerly 15°00 feet of the westerly 315.00 feet of Lot 4 in Block 16 of the Yorba Linda Tract, as shown on a map re- corded in Book 5, pages 17 and 18 of Miscellaneous Maps, records of Orange County, California 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 wherever necessary for the purpose of laying, "EXHIBIT B" Constructing, reconstructing, renewing, inspecting, maintaining, repairing, enlarging, using and operating said sewer line. It is understood that the permanent easement and rights of way above described shall be acquired subject to the rights.of the owners, their successor and assigns, to use the surface of the land within the boundary line of such easement and rights of way to the extent compatible with the full and free exercise of said easement and rights of way; provided, however, that: NO buildings or structures of any kind shall be placed, erected or maintained thereon; no streets, alleys nor roadways shall be constructed upon, over or along said easement and rights of way to a grade less than 4 feet above the 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 im- provement to be constructed therein greater than 15 feet in depth. IN WITNESS WHEREOF, this instrument has been executed this /9 day of 1964. APPR7VAS TO TIM BY: Flight of-Way Agent APPROVED AS TO DESCRIPTION: BY : I "EXHIBIT B" VIRGIL MORF, Grantor ,~a L 0 F', Gra or STATE OF CALIFORNIA COUNTY OF Orange , On........ MaX_ I h.j....1944 before me, the undersigned, a Notary Public in and for said County and State, personally appeared r c A Virgil_.G.:Morf and Latta Mo f q V 'Y known to me to be the person.$.... whose name..S....B.rA.... subscribed to the within instrument and acknowledged to me that tbv..... exec the same. M WITNESS my hand a off ial seal. (Seal) tj0\MrkRVI4Md[fbPb14 County State. 4 1 My Commission Expires Dec. 18, 1966