Loading...
HomeMy WebLinkAbout1964-03-30 - Resolution No. 1066 HLMc:bbb RESOLUTION NO. /&)C 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 THE YORBA GRAVEL COMPANY, A CORPORATION, AND APPROVING THE PAYMENT OF FUNDS TO SAID COMPANY 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 the Yorba Gravel Company, a corporation, 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, the Yorba Gravel Company, a corporation, has 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 for the acquisition of right of way the sum of $200.00 to the Yorba Gravel Company, a corporation, as provided for in that certain Right of Way Agreement attached as "Exhibit A" hereto. -1- V 0 6 NOW, THEREFORE, IT IS FURTHER RESOLVED AND ORDERED that an easement deed from the Yorba Gravel Company, a corporation, in the form and manner as set forth in "Exhibit B" hereto be accepted by the district and recorded. The above and foregoing Resolution No. /0(, was regularly passed and adopted by the Board of Directors of the Yorba Linda County Water District at a regular meeting of said Board held on the y day of ~cj , 1964. 0 Y. S , Secretary of the Board of Directors -2- STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, VALDO Y. SMITH , Secretary of the Board of Directors of the YORBA LINDA COUNTY WATER DISTRICT do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. /p (o of said Board, and 'ghat the same has not been amended or repealed. DATED this day of 196 r Secretary o tze ORBA LINDA COUNTY WATER DISTRICT and of the Board o Directors thereof. -3- • • (Certificate of Acceptance, Government Code, Section 27281) This is to certify that the interest in real property con- veyed by the within deed is hereby accepted by the undersigned officer or agent on behalf of the Yorba Linda County Water District pursuant to authority conferred by Resolution No. 51 of the Yorba Linda County Water District adopted on September 25, 1961, and the Grantee consents to recordation thereof by its duly authorized officer. I. I . . . . Raalp~h~. Shook, General-Manager, Yorba Linda County Water District • Water Company LAS-408 Parcel No-7, YORBA LfNDA COUNTY WATER DISTRICT LINE. Imperial Highway to Placentia-Yorba Road. 1964. YORBA GRAVEL COMPANY, a corporation Grantor RIGHT OF WAY AGREEMENT EASEMENT DEED, dated ae'IL&4 ? , 1964, covering property designated on Yorba Linda ounty Water District records as LAS-40$, Parcel No.7, 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 set forth the whole of their agreement. The performance of this agreement constitutes the entire consider- 0 ation 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 water transmission line. 2. The Yorba Linda County Water District Shall: A. Pay to the order of the undersigned grantor the sum of $200.00 for the property or interest therein as con- veyed by said document, within sixty (60) days after date title to said property or interest vests in the Yorba. Linda County Water District, free and clear of I all liens, encumbrances, assessments, easements and leases (recorded or unrecorded) and taxes, except; "EXHIBIT A" 1. General and special County and City taxes for the second half of fiscal year 1963-19646 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. YORBA GRAVEL COMPANY, a corporation, BY : BY : APPROVED A TO FORM: BY : RECOMMENDED FOR APPROVAL: BY : YORBA LINDA COUNTY WATER DISTRICT, BY : EASEMENT DEED LAS-408, Parcel No.7, YORBA LINDA COUNTY WATER DISTRICT LINE. Imperial Highway to Placentia-Yorba Road. FOR VALUABLE CONSIDERATION, receipt of which is hereby ack- nowledged, YORBA GRAVEL COMPANY, a corporation, hereby grants and conveys 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, improve and relocate lines parallel to said pipe line; and to construct manholes and service connection structures appurtenant to said sewer line or lines, which structures may extend above the surface of-the ground; said easement shall,lie in, under and over that certain parcel of land in the County of Orange, State of California, described 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, Records of Orange County, in the Rancho Canon de Santa Ana, County of Orange, State of California, said strip lying 7.50 feet on each side of the following described centerline: Beginning at a point in the North boundary of that parcel of land labelled "Leoncia Yorba et al 10.313 Ac. Gr." on a map filed in Book 53, page 44 of Records of Survey Records of Orange County, said point being South 750 49 1411 West 9.15 feet from the Northeasterly to minus of that certain course thereon shown as North 75~ 491 14/1 East 527.59 feet; thence North 1$° 361 4811 East 83.95 feet to a point in a curve concave North- easterly and having a radius of 405.00 feet, a ragial line from said point on said curve bears North 84 451 40" East, said curve being in the Westerly right of "EXHIBIT B" 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." EXCEPT from above description any portion of Lot 4 of Block 34 and Lot 6 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 wherever 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 of way above described shall be acquired subject to the rights of the owner, its 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 and rights ofway; 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 con- structed therein greater than 10 feet in depth. - 2 - 'r • r IN WITN SS WHEREOF, this instrument has been executed this ~tfS day of 1964• l/ YORBA GRAVEL COMPANY, a corporation, BY : BY: "tX . *r 'oe 0 13 A ~ O C a e o a v U e O 0 4 C~ V G E N d G4 C :d APPROVED ~ASn TO TITLE: BY: Right of Way Agent APPROVED AS TO DESCRIPTION: BY: STATE OF CALIFORNIA COUNTY OF a. ORANGE On February 18th, 1964 before me, the undersigned, a Notary Public in and for said County and State, personally appeared--- James E. Simkins known to me to be the Secretary-T 'e.ua ~r 1 : 1o-me.to-ba-tba 6taq of the corporation that executed the within instrument, and known to me to be the persons who executed the within instru- ment on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolu ion of Its board of directors. WITNESS my hand official reel. (Seal) t' Notary Public in and for acid Co6thty and State. LDWAR31 ' ''i;Fc My Commission L~,-US DOC. la, 1966 ? `y'in L21 A L_I N C) A ~ 1 t: ; ,L ~ r J K\ 1 j (~(.^f% Y t~ !~/?'J h l,'!A C2Y r ~T 1 ,1 `r r ~ 9./S. ~o►~c~ ~ Yar~.6A e~ ~+r _ ` .2~;~ plc. iY I' t' I r I r~~ + r LL) f +r { e ~ ' , fff!!! 111 ~ ' ~ i IIIIYYrtFF S ~ I + it / ~~(J;) I .