HomeMy WebLinkAbout1964-03-30 - Resolution No. 10511LMc : bhb
RESOLUTION NO. p2
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 HAROLD M. STERN, EUGENE
J. STERN, ELZA S. MEYBERG AND HELEN S. LAUTER, 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
HAROLD M. STERN, EUGENE J. STERN, ELZA S. MEYBERG and HELEN
S. LAUTER, Grantors, for the construction of the sewer trans-
mission 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 mrket value of said right of way, and
WHEREAS, HAROLD M. STERN, EUGENE J. STERN, ELZA S.
MEYBERG and HELEN S. LAUTER, 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, IT IS 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
-1-
1
for the acquisition of right of way the sum of $60.00 to
HAROLD M. STERN, EUGENE J. STERN, ELZA S. MEYBERG and HELEN
S. LAUTER, Grantors, as provided for in that certain Right
of Way Agreement attached as "Exhibit A" hereto.
NOW, THEREFORE, IT IS FURTHER RESOLVED AND ORDERED
that a Quitclaim Easement Deed from HAROLD M. STERN, EUGENE
J. STERN, ELZA S. MEYBERG and HELEN S. LAUTER, Grantors, in
the form and manner as set forth in "Exhibit B" hereto be
accepted by the district and recorded.
The above and foregoing Resolution No. was
regularly passed and adopted by the Board of Directors of
the
Yorba Linda County
Water District
at
a regular meeting
of
said Board held on
the 30 day
of
/~~~-L
1964.
ecretar- y of
the Board of Directors
-2-
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, _VALDO Y. SMITH , Secretary of the
Board of Directors of the YORBA LINDA COUNTY WATER DISTRICT
do hereby certify that the foregoing Resolution was duly
adopted by the Board of Directors of said District at a
meeting of said Board duly held on the _30 day of tae-c ,
196, and that it was so adopted by the following vote:
AYES: DIRECTORS ~j -C_&- k)0jV4?,JCtojfj j71`Fl(Aer*) f{as~t~t9S
NOES: DIRECTORS 17 L) 11 -e-
ABSENT: DIRECTORS M1 (move
Secret ra y/of the
and of the "Board z)f
Directors thereof.
-3-
r,
r✓,x~~ R1 1964
ib M. STERN
D J. STEEN
T`.'i? TTf i;i T:~
rar.~ors
t~TGHT OF :'dAY AGtREEI?ENT
LAS-1080, Parcel i,'0.5.
'117R BA LINDA COUNTY
WATER DISTRICT TINE,
Imperial HighTr*ay to
Placentia-Yorba Road.
QUITCLAIM EAS EITENT DEED, dated , 1964
covering property designated on Yorba Linda County ~'1ater Distr_,-
records as Lr:S-1.0$, Parcel No.5, has been executed a :d uelivered
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:
la The parties have set Forth the whole of their agreem_nt
The perfor:tance of this agreement constitutes
ation for said document and shall relieve the
Water District of all further obligation or c
or on account of the location or construction
line,
the entire cons--
Yorba Linda County
Laims on thws accoa-t,
of the pro Dosed sce-r
2. The Yorba Linda County Water District shall:
I.
Pay to the order of the undersigned grar.~ors the sum
;of 60.00 for the property or interest therein as ccr
veyed by said documenT, within sixty ~ ~O) dats ofL
:;ate title to sai -I prc ,ty or interc:sc v~zs in
"EXHIBIT A'
0 6
. Yorba Linda County Water District, free and clear of
all liens, encumbrances, assessments, easements and
leases (recorded or unrecorded) and taxes, except:
1. General and special County and City taxes for
the second half of fiscal year 1963-1964.
B. Permit the undersigned property owners, their euccessor.i
or assigns, the right to utilize said sewer line. This
right is granted provided the real property describe.
in said Quitclaim Easement Deed is within --,he Yorba
Linda County Sanitary District and all payment required
by said district for attaching to said line has been
made.
C. Install said sewer lire at a minimum depth of 5' below
the present ground level across the property of she
undersigned grantors.
IN WITNESS WHEREOF, the parties have executed this agreement the
day and year first above written.
Harold M. • St-c;rn
Eugen( U. Stern
11
E. -a S. Meybo ft
Helen S. Lauter
PPROV~D :'.S TO I' ORM:
EY
REC0'11 - 'ND OR ArP'-'OVAL:
YORBA LINDA CCUT`~Y ~1ATER DIS`::=CT
BY :
LAS-40$, Parcel No-5,
YORBA LINDA COUNTY
WATER DISTRICT LINE.
Imperial Highway to
Placentia-Yorba Road.
QUITCLAIM EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowled ~:d,
H.ROLD M. STERN, EUGENE J. STERN, ELZA S. MEYBERG and HELEN S. LAUTER,
each as to an undivided one-quarter interest, hereby quitclaim, release
and remise to YORBA LINDA COUNTY WATER DISTRICT, a municipal corpor-
ation, a perpetual easement and right of way to install, construct,
reconstruct, 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, maintain, repair,
replace, i.=prove and relocate lines parallel to said sewer line, and tc
construct manholes and service connection structures appurtenant to
said sewer line. Said easement shall lie in and under that cr~rtain
parcel of land in the County of Orange, State of California, de:._-ribed
as follows:
A strip of land 15.00 feet wide in that portion of Lot 4,
Block 34 and Lots 5 and 6, Block 24 of the Yorba Linda
Tract as shown on a map filed in Book 5, pages 17 and 18
of Miscellaneous Maps, Reccrds of Orange County, in the
Rancho Canon de Santa Ana, County of Orange, State of
California, said strip lyi:, 7.50 feet on each side of
the following described cer_terl-ine:
Beginning at a point in th&_ North boundary of that parcel
of land labelled tlLeoncia Yorba et al 10.313 Ac.Gr.91 on a
map filed in Book 53, page 4 of Records of Survey, records
of Orange County, said point being South 750 492 _14" West
9.15 feet from the Nor theasterl~roterminus East h527o59tfeet•
court;:: tkercon shown as North 7 r 492 1411 ;
Eorth 130 362 43'1 Last 33.95 feet to a point in a
c~:_rve concave Northeasterly and having a radius of 405.00
_eet, a radial line from said point on said curve bears
North 340 45t 4011 East, said curve being in the Westerly
"EXHIBIT B"
right of way line of Orchard Drive, The side lines of
said 15.00 foot wide strip shall be lengthened or
shortened to terminate at said Westerly right of way
line and said North boundary of the land labelled
"Leoncia Yorba et al 10.313 Ac.Gr.'i
EXCEPT from above description any portion of Lot 4 of
Block 34 and Lot 5 of Block 24 of said Yorba Linda
Tract.
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 1.,herever
necessary for the purpose of laying, constructing, reconstruc-Ang,
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 oorrers,
their successor and assigns, to use the surface of the land with-L-, the boundary line of such easement and rights of -..ray to the es tem:.
compatible with the full and free exercise of said easement anL r
of way; provided, however, that: No buildings or structures of any
__iall be placed, erected or maintained thereoa; no, streets, .-:_ileys
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
pi-c or pipos 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
of i,.- y upon the completion of -che improvement to be constructed t _'ein
neater than 10 feet in depth.
WHEREOF, this instrument has been executed this
say , 1964.
Harald M. Stern
-ene!J. Stern
E1za` Meyberg _./Helen S. Lauter:
riP :SRO ED AS TO TITLE
~
iE_--ht of Way Agent'
APPROVED r.6 TO DESCRIPTION:
1-
TO 447 C
I fndividaa..
TI
'ATE OF CALIFORNIA
COUNTY OF_ L;ac Lid-1 SS.
On before me, the undersigned, a Notary Public in and for said
Mate, personally appeared '-t" ' c
L:
C.'
E
to he the person _ whose name s "e subscribed
r
known to me
to the within instrument and acknowledged that toed
executed the same.
WITNESS my hand and official seal.
NCjA Y UELIC -CALIFORNIA
t
Signature -r-_; -~~i^-t-ate"cam
PRINCIPAL OFFICE IN,
LOS ANGELES COUNTY c
Name (Typed or Printed)
(This area for official notarial seal)
COUNTY OF LOS Angeles
On i efore me, the undersigned, ii Notary Public in and for said State,
r,,,nally appeared- 1_, 7, r n 1 tl M S C-r 11
w known to me to he the person-.- whose name 1 ~ subscribed to the within instrument, as the
L
w Attorney- in fact of ,1 ~tl S Lau i. -r
x
w and acknowledged to me that.- `a subscribed the name
J
< thereto as principal-
< of i
own name- as Attorne in fact.
ESS my hand and official seal.
1.01;-Y UU..L:C - CALIFORNIA P
Signature PRINCIPAL OFFICE IN
vS ANGELES COUNTY
r~
Name (Typc,i or Printed)
,This are., for official notarial seal)
(Certificate of Acceptance, Government Code, Section 27281)
This is to certify that the interest in real property con-
veyed by the within deed is hereby accepted by the undersigned
officer or agent on behalf of the Yorba Linda County Water
District pursuant to authority conferred by Resolution No. 51
of the Yorba Linda County Water District adopted on September
25, 1961, and the Grantee consents to recordation thereof by
its duly authorized officer.
•
Ralph Shook, CeneraTFianager,
Yorba Linda County Water District